Suchergebnisse

A symposium on trends in legal learning covering the following country & area studies: (1) 'The Arab-Islamic World,' by Mohamed Sami Abdel-Hamid & Yassin Mohamed Tageldin, outlines the general theory of law in the Middle East, the subject-matter of legal sci, the relationship between the 'is' & the 'ought' (ethical & rational standards), & deals with the question by what intellectual process ought one to interpret & apply the law? The subject-matter of the history of law is reviewed. The relationship between law & society is discussed re both law & the nat'l society & law & internat'l society. The relationship between the law & men is defined in terms of human rights, rights of minorities, & law & the knowledge of man. It is concluded that trends of legal sci in the ArabIslamic world are not always in the same direction & indeed frequently run counter to one another as a result of the crisis through which Islamic civilization is passing; & it is almost impossible to predict which of the trends analyzed will prevail in the near or distant future. (2) 'Japan,' by Junichi Aomi, emphasizes the civil law background of the Japanese legal system. Post-war legislative reforms & developments in their org'al aspects are discussed. The primary sources of law are still considered to consist mainly of codes & other statuatory enactments of the Diet. Re legal thinking, the influence of the conceptualistic Sch's is strong. Lately, however, the value of value judgments & empirical inquiry into the realities of soc life is coming to the fore. The pluralism of Japanese legal philosophy is examined: natural law doctrine, Marxism, modern analytic philosophy, & neo-Kantian philosophy. Comparative studies of law are reviewed. The sudden outburst of lego-sociol'al literature following the end of the war is evaluated, which resulted in the conducting of empirical res on the efficacy of legislative reforms. The development of legal history in post-war Japan is characterized. (3) 'Mexico,' by Hector Fix Zamudio, draws attention to the fact that legal res in Mexico is predominantly personal & individualistic, due to the lack of a res instit dealing with the legal disciplines. There is an almost total absence of investigation into the techniques of legal res, analysis of instruments of sci'fic study & legal methodology. There has been a recent trend towards the application of the mathematical logic technique to legal res. The general theory of law is outlined re its axiological & juridical features & its general & formal logic aspects, including the influence of neo-Thomist thought & neo-Kantianism. Res trends in the history of law in Mexico are reviewed, which show a trend to isolated study of legal instit's & absence of a real historiography. Law & society is discussed re the adaptation of legal norms (too much value is placed in the normative virtue of the law & no serious investigation has been attempted re the appropriateness of specific provisions vis-a-vis the society they must govern), & law & democratic process. The relationship between law & man is examined re human rights, criminal law (many prominent works are cited here), & the law of civil procedure. Comparative law developments are then treated, & problems of the harmonization of internal & internat'l legal provisions concerning human rights. (4) 'Italy,' by Massimo Severo Giannini, points out that most Italian jurists belong to 1 or 2 tendencies: one Sch thinks that the jurist should know other disciplines, but refrain from making use of them in his legal work; the other Sch holds that the jurist must necessarily undertake work in the other disciplines as well. The methodology of Italian legal sci is highly individual. Legal sci in Italy has by no means adopted one single position on the factors of the legal phenomenon which are either determining or conditioning. The subject-matter of the history of Italian law is reviewed. The relationship between law & man is discussed in terms of the protection of the human personality, human rights, ethnic minorities, & law & the knowledge of man. Finally, re comparative law, the attitude of legal sci has been more reserved, since it is felt that a legal instit has no independent life but exists only in so far as it finds its place in a complex of other legal instit's. (5) 'Hungary,' by Zoltan Peteri, states that in the socialist system of soc sci's, legal studies are studied as a consolidated branch under the heading of legal & admin'ive sci's. There is no formal separation between legal & pol'al sci's. The state & law as soc phenomena constitute the main theme of res in legal & admin'ive studies & cover both their ideological & instit'al aspects. The central task is to examine how phenomena connected with the State & law are conditioned by society & the economy, & how these in turn react upon soc life. The point of departure is MarxismLeninism. The need to study soc practice has recently been emphasized. Studies in the history of law are limited to the sphere of statute law & do not extend to the history of any natural laws. Re law & society, res is mainly concerned with issues connected with the bourgeois & socialist interpretation of constitutionality, theoretical generalizations from experience gained in socialist constitutional evolution, & the outlining of perspectives of continued development. Res on soc or legal anthrop is not conducted in Hungary. The value of the study of comparative law is just beginning to be recognized. (6) 'United States of America,' by Max Rheinstein, stresses that in the US scholarly & practical concern about law are inextricably intertwined. The amount of legal writing is enormous, & its subject-matter is conceived broadly. Amer legal scholars are concerned with both the law as it is & the law as it ought to be. Legal scholars exert considerable influence not only upon the course of case law but also on that of legislation. The main trend is the exploration of the relationship between the facts of soc life & the law. The good society, for the elaboration of which the legal scholars regard themselves responsible, is the democratic society of active citizens having equal rights & opportunities in free, but controlled enterprise. The task of strengthening & extending the fundamental human & civil rights of all persons has occupied a prominent place. Legal scholars have also been firm in maintaining freedom of opinion, of information, of expression, of the press & of MM. The principle that internal law has to be in accord with internat'l law has also long been recognized in the US. It is traced how the transition to new methods was initiated by the writings of O. W. Holmes, R. Pound, Cardozo, T. Arnold, K. N. Llewellyn, which stressed study of society & use of the results. In conclusion the close relations which exist between law & sociol are detailed. E. Weiman.