transcript
- Slide 1
- Zagreb
- Slide 2
- Edward B Taylor "That complex whole which includes knowledge,
belief, art, morals, law, custom and any other capabilities and
habits acquired by man as a member of society. According to Kroeber
the consensus of most social scientists is that culture consists of
patterns, explicit and implicit of and for behavior acquired and
transmitted by symbols constituting the distinctive achievements of
human groups including their embodiments in artifacts ; the
essential core of culture consists of traditional ideas and
especially their attached values. Some sociologists exclude
material objects from their definition of culture. They include
technical knowledge about the artifacts.
- Slide 3
- PAUL VALRY,LEUROPEN],PAUL VALRY, THE EUROPEAN Partout o les
noms de Csar, de Gaius, de Trajan et de Virgile, partout o les noms
de Mose et de St Paul, partout o les noms dAristote, de Platon et
dEuclide ont eu une signification et une autorit simultanes, L est
lEurope.. : Il est remarquable que lhomme dEurope nest pas dfini
par la race, ni par la langue, ni par les coutumes mais par les
dsirs et par lamplitude de la volont (). Wherever the names Caesar,
Gaius, Trajan and Virgil, wherever the names Moses and St. Paul,
wherever the names Aristotle, Plato and Euclid have a sgnificance
and carry weight, that is where Europe is It is remarkable that the
people of Europe are not defined by race, nor by language or
customs, but by desires and breadth of will ().
- Slide 4
- A HUSSERL LECTURE OF MAY 1935 PHILOSOPHY AND THE CRISIS OF
EUROPEAN HUMANITY Es ist nun auch ersichtlich, dass von hier aus
eine bernationalitt vllig neuer Art entspringen konnte. Ich meine
natrlich die geistige Gestalt Europas. Es ist nicht mehr ein
Nebeneinander verschiedener Nationen, die sich nur durch Handel-
und Machtkmpfe beeinflussen, sondern: Es ist ein neuer Geist, von
Philosophie und ihren Sonderwissenschaften herstammend; ein Geist,
freier Kritik und Normierung auf unendliche Aufgaben hin, er
durchherrscht das Menschentum, schafft neue, unendliche Ideale! One
can also see that its the starting point of a new kind of
community, one which extends beyond nations. I am referring, of
course, to Europe in a spiritual form. It is now no longer a number
of different nations living alongside each other and only
influencing each other through commercial competition or power
struggles, but it is: a new spirit stemming from philosophy and the
sciences based on it a spirit of free criticism, providing norms
for infinite tasks, and it dominates mankind, creating new,
infinite ideals.
- Slide 5
- : Europes existential crisis can end in only one of two ways:
in its demise, alienated from its own rational sense of life, and
lapsing into a hatred of the spirit and into barbarism; or in its
rebirth from the spirit of philosophy, through a heroism of reason
(). national cultures themselves and of the close and complex
relationships between these highly diverse cultures which ensure
the cultural unity of Europe. Cultural identity and unity amid the
diversity of national cultures does not amount to the simple
indefinite expansion of an original cultural core. I see Europes
cultural identity as a tightly woven fabric. This fabric consists
on the one hand of a warp thread carefully stretched, which
corresponds to the many strong national cultures, which themselves
have their own identity and find their origins in a distant past;
on the other hand, there is the weft thread, which represents the
interwoven transnational bedazzlement and admiration, the
reciprocal influences crossing the frontiers between cultures and
between languages. I imagine this literary, artistic, linguistic,
European cultural fabric as drawing its beauty, its unity and its
solidity from the sheer number and diversity of its thread s.
- Slide 6
- Law and legal systems are cultural products like language,
music, and marriage arrangements. They form a structure of meaning
that guides and organizes individuals and groups in everyday
interactions and conflict situations. This structure is passed on
through socially transmitted norms of conduct and rules of
decisions that influence the construction of intentional systems,
including cognitive processes and individual dispositions. The
latter manifest themselves as attitudes, values, beliefs, and
expectations.
- Slide 7
- According to their level and type of political participation
and the nature of people's attitudes toward politics, Gabriel
Almond and Sidny Verba outlined three pure types of political
culture: Parochial Parochial - Where citizens are only remotely
aware of the presence of central government, and live their lives
near enough regardless of the decisions taken by the state. Distant
and unaware of political phenomena. He has neither knowledge or
interest in politics. In general congruent with a traditional
political structure. Subject Subject - Where citizens are aware of
central government, and are heavily subjected to its decisions with
little scope for dissent. The individual is aware of politics, its
actors and institutions. It is affectively oriented towards
politics, yet he is on the "downward flow" side of the politics. In
general congruent with a centralized authoritarian structure.
Participant Participant - Citizens are able to influence the
government in various ways and they are affected by it. The
individual is oriented toward the system as a whole, to both the
political and administrative structures and processes (to both the
input and output aspects). In general congruent with a democratic
political structure. These three 'pure' types of political culture
can combine to create the civic culture', which mixes the best
elements of each Almond, Gabriel A., Verba, Sidney The Civic
Culture. Boston, MA: Little, Brown and Company, 1965.
- Slide 8
- The concept "legal culture" figures often and prominently in
the scholarship of the diverse disciplines of socio/legal studies.
Political scientists, for example, use the concept to account for
variation in the permissible legal delay in trials and in the
behavior of judges and lawyers, as well as to explain differences
in rates of litigation. Sociologists have found the concept useful
for analyses of the ethics and practices of legal organizations.
And anthropologists, using a more holistic approach, have
characterized the legal cultures of entire societies. Indeed, this
notion "legal culture" is one of the most general and ubiquitous
concepts in the study of law and society.
- Slide 9
- And as more and more nations from Central and Eastern Europe
(and perhaps even to the eastern outskirts of Europe (e.g., Poland,
Turkey) seek to join the European Union, the question of the
diversity of legal values becomes all the more important for
transnational legal policy. Fur thermore, the structures of formal
European legal systems vary; f or example, the system is common law
in Britain and Ireland, civil law in France and most of the
Continent, with important (even if subtle) differences among those
systems stemming from civil law traditions. Thus, it seems quite
likely that the cultural values underpinning these systems differ
as well. Although ours is only an initial foray into the structure
of legal values in Europe, the importance of the issue may well
justify the tentative nature of our efforts.
- Slide 10
- JAMES GIBSON GREGORY CALDEIRA HTTP://WWW.JSTOR.ORG/PSS/3054034
LEGAL CULTURES IN EUROPE Law&Society Rewiew 30, 1, 1966 1.
Support for Rule of Law 2. Perceptions of the Neutrality of Law 3.
Valuation of Individual Liberty
- Slide 11
- (1) legal consciousness, which refers to specific attitudes
toward legal issues and institutions; (2) legal cultural values, by
which we mean more general values relevant to the legal system but
not necessarily closely connected to it; and (3) more general
cultural values, such as a preference for individualism over
collectivism, trust in people,
- Slide 12
- Willingness to tolerate exceptions to the law is an attitude of
some importance in the operation of a legal system. At the extreme,
of course, nearly everyone agrees that there are some circumstances
under which law must be put aside in favor of justice or
self-interest or the need to craft immediate solutions to pressing
political and legal problems. At the opposite end of the continuum,
nearly everyone also believes that, in general, laws ought to be
followed, that citizens and rulers have a normative obligation to
abide by the rule of law, and that under most circumstances the
universal and equal application of the law should prevail. But
between these two extremes, there is a great deal of latitude, and
it is this variability that is of most interest to us. The extent
to which citizens believe that they ought to adhere rigidly to law
is one aspect of legal values, and it is quite likely that nations
differ significantly on this dimension.
- Slide 13
- The best indicator of attitudes toward the rule of law is the
third item: "If you don't particularly agree with law, it is all
right to break it if you are careful not to get caught." This is a
cynical statement that in essence cedes no moral authority to law.
According to this item, the most law-abiding people are clearly the
Britishnearly 93% of the respondents disagree or disagree strongly
with the statement. Similarly, in Italy, The Netherlands, Ireland,
Denmark, West Germany, Spain, and East Germany, we find widespread
disapproval of the idea that it is legitimate to break laws
Conversely, respect for law is lowest in France, Luxembourg, and
Belgium, where roughly one-quarter of the respondents agree or
agree strongly with the statement (Portugal follows closely
behind). There is certainly considerable cross- national variation
within the EU in attitudes toward the rule of law
- Slide 14
- There are comparable differences in perceptions of the
neutrality of law. In West Germany and The Netherlands, more than
60% of the respondents reject the proposition that "My interests
are rarely represented in the law; usually law reflects the views
of those who want to control me." In Denmark, a majority of the
respondents also rejects the statement; near majorities disagree
with it in Great Britain, Ireland, and France. On the other hand, a
majority of the respondents in Greece (and a near majority in
Belgium) view law as a repressive force. In all our countries,
sizable minorities, at least, assert that law reflects the
interests of those who would control them. Thus, these perhaps
surprising results suggest that belief in the neutrality of law is
not necessarily widespread in Europe and illustrate significant
cross-national variability.
- Slide 15
- Various people may well perceive the role of law in society in
quite different lights. This view of law as consensual and neutral
is common within a variety of types of legal scholarship. Others,
however, may perceive law as an external, repressive, and coercive
force. Instead of embodying a broad social consensus to which
nearly all citizens subscribe, law may be seen as an instrument of
social control, as a means by which others advance their contrary
political interests. This view of law as an instrument of political
struggle, of political conflict, stands in sharp contrast to the
perception that law represents the consensual interests of society.
In the view that law in general represents the interests of the
entire society and that few will express a fundamental alienation
toward law and legal institutions.
- Slide 16
- Earlier research has argued that a basic distinction among
people is in their willingness to tolerate disorder for the benefit
of individual liberty. This seems to be a basic social attitude,
one stable over time and closely associated with a variety of other
political beliefs. Moreover, struggles over the extent of
individual liberty constitute the very heart of most legal systems.
Those who value liberty are more likely to favor the universalistic
application of the rule of law and are less likely to view law as
an instrument of repression and social control.
- Slide 17
- the subdimension of legal values, we find much more consensus.
The best indicator of these attitudes responses to the statement
"It is better to live in an orderly society than to allow people so
much freedom that they can become disruptive"does not so clearly
divide the countries of Europe as do the other items. In fact, the
citizens of most of the countries endorse social order over
potentially disruptive liberty. More than three-quarters of the
respondents favor order in Portugal, Great Britain, and Ireland
(and perhaps Luxembourg and East Germany as well). Only in The
Netherlands, Italy, and Spain do we find at least 20% of the
respondents expressing support for liberty on this item.
- Slide 18
- The change of social rules: time and space Inseparable from
modern state and rational-legal bureaucratic authority Aberation or
rule? Necessary for functioning New forms and areas of regulation:
conflict of interests, plutocracy, nepotism
- Slide 19
- [Sociology is ]... the science whose object is to interpret the
meaning of social action and thereby give a causal explanation of
the way in which the action proceeds and the effects which it
produces. By 'action' in this definition is meant the human
behaviour when and to the extent the agent or agents see it as
subjectively meaningful In neither case is the 'meaning' thought of
as somehow objectively 'correct' or 'true' by some metaphysical
criterion. This is the difference between the empirical sciences of
action, such as sociology and history, and any kind of priori
discipline, such as jurisprudence, logic, ethics, or aesthetics
whose aim is to extract from their subject-matter 'correct' or
'valid' meaning. Max Weber The Nature of Social Action 1922, [5]Max
Weber [5]
- Slide 20
- Slide 21
- The summary indicator of legal values suggests three major
clusters of countries within the EU. At one extreme we find Greece,
Belgium, Luxembourg, Portugal, and East Germany. These countries,
regard for the rule of law is not strong, support for individual
liberty is weak, and alienation from law is fairly common. Then, at
the opposite end of the continuum lie Denmark, The Netherlands,
West Germany, and Great Britain. The peoples of these countries
tend to value individual liberty, to support the rule of law, and
to reject the proposition that law is an external, repressive
force. In the center, the cluster of Spain, Italy, France, and
Ireland, somewhat mixed views prevail. Although there are important
differences within these three clusters, we have some confidence
that beliefs about law differ across these three major groupings of
countries* The differences between the halves of the united Germany
deserve special attention. West Germans seem to look favorably on
law, and are at least somewhat positively oriented toward
individual liberty. The East Germans, contrariwise, tend not to
view law as neutral, value liberty less, and are not strong
supporters of the rule of law. Like virtually all elements of the
"unified" German system, there are substantial differences between
East and West.
- Slide 22
- One of the biggest issues in any legal system is compliance. Do
citizens, organizations, and officials obey the law? Do they obey
in conflictual situations? We do not have measures of the
compliance or noncompliance of individuals. But we do have data on
the compliance of European governments with the treaties of the
European Union. The transnational character of the EU makes
compliance an especially salient issue; and, accordingly, the EU
relies on a number of procedures to bring about obedience to
European law. Together with the Court of Justice, the European
Commission serves as a bulwark of the integrity of the treaties,
working to ensure compliance with the various forms of European
law.
- Slide 23
- Durkheim's believed that crime is "bound up with the
fundamental conditions of all social life" and serves a social
function. He stated that crime implies, "not only that the way
remains open to necessary changes but that in certain cases it
directly prepares these changes. He saw crime as being able to
release certain social tensions and so have a cleansing or purging
effect in society "the authority which the moral conscience enjoys
must not be excessive; otherwise, no-one would dare to criticize
it, and it would too easily congeal into an immutable form. To make
progress, individual originality must be able to express
itself...[even] the originality of the criminal... shall also be
possible".
- Slide 24
- There is no society that is not confronted with the problem of
criminality.Its forms changes; the acts thuse characterized are not
the same everywhere; What is normal simply, is the existence of
criminality, provided that it attaines and does not exceed Crime is
normal because a society exempt from it is utterly impossible
Imagine a society of saints, a perfect cloister of exemplary
individual It is impossible for all to be alike
- Slide 25
- Legal definitions are not contradictory to each other. They are
existing in pure world of logical dependencies and institutiond
developed to overcome possibble disharmony. Real society is as
living area of diaslectical change
- Slide 26
- IS religion about ultimate reality? Is economy retional
calculation means to an end? Is law an aplication to the fact to
the legal proposition with acts of state as a consequence?
- Slide 27
- http://www.youtube.com/watch?v=AV4- D-eTULY
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