Role Of Law In Social Control

The most significant formal tool for social control is the law. Early cultures relied on informal social control, but as societies developed in size and complexity, they were forced to formulate rules and regulations that defined the required patterns of behaviour and specified the consequences that would be inflicted on those who disobeyed them. A body of rules issued by legally sanctioned entities and enforced by sanctioned authorities is known as law. It clearly defines rights, responsibilities, and the consequences of violating them. The scale of modern society is enormous. They have a complicated structure that includes a variety of groups, organizations, institutions, and entrenched interests. To sustain social order and peace, informal measures of social control are no longer sufficient. Relationships in modern culture are of a secondary character. Formalization of norms is required for the protection of life and property, as well as the orderly ordering of interactions. In this sense, law has a significant impact on people's conduct in modern cultures. The term "social control" refers to the set of norms that should be obeyed by all members of a society. Some of the standards of conduct fall under the category of good manners as defined by the culture. As such, they characterize socially acceptable but not necessarily obligatory behaviour. Other rules of behaviour are mandatory and are enacted through legislation. Keywords: Society, Social control, Law, Culture, Norms, Social peace, Order and Acts

The Role of General Principles in EU Private International Law and the Perspectives of a Codification in the Field

The Article examines the role of general principles within the European system of private international law, with the following summary: 1. Introduction: the three different categories of general principles relevant for the construction of an EU system of private international law. 2. The general principles of private international law and the general principles of law common to most legal systems. 3. The general principles of EU law and their role in the development and the completion of the system. 4. The role of general principles and the uncertain perspectives of the adoption of an EU code of private international law

The Supreme Court as a Filter Between International Law and American Constitutionalism

As part of a symposium on Justice Stephen Breyer’s book, “The Court and the World,” this essay describes and defends the Supreme Court’s role as a filter between international law and the American constitutional system. In this role, the Court ensures that when international law passes into the U.S. legal system, it does so in a manner consistent with domestic constitutional values. This filtering role is appropriate, the Essay explains, in light of the different processes used to generate international law and domestic law and the different functions served by these bodies of law. The Essay provides examples of this filtering role in four scenarios: the intersection of treaties and individual rights; the relationship between the treaty power and American federalism; delegations of authority to international institutions; and the domestic application of customary international law

Law Reform in Estonia: The Role of Georgetown University Law Center

On June 19, 1992, we and seven other members of the Georgetown University Law Center community landed in Tallinn, the capital of Estonia, to help the Estonian government draft laws to support a market economy. Our group consisted of six students, two professors, and an alumnus. The country to which we had come had declared its independence from the Soviet Union less than one year before. After fifty years of imposed communism, the Estonian leaders wanted to understand and adopt the basic foundations for a Western legal system that would support democratic and market institutions

The Method and Role of Comparative Law

Part II will lay out the methodology of comparative law. My proposal for comparative methodology consists of these steps: Step 1 calls for acquiring the skills of a comparativist. These skills require immersion in the culture under review, linguistic knowledge, and the application of neutral, objective evaluative skills. Step 2 requires the application of these comparative skills to evaluate the external law, which consists of the law as written or stated. Here we must do a close assessment of the similarities and differences of the laws of different countries under review. Step 3 involves applying that same methodology to the internal law, a level of law that lies beneath external law yet has important influences on the formation of law. Finally, in Step 4 the results of comparative investigation are assembled in order to determine what we can learn from the foreign legal system and how that insight might reflect on our own legal system. Part III will then turn to describing and outlining the mission of comparative law. Here the focus will be on employing comparative law methodology to help gain insight into the laws of non- Western countries and solve pressing public policy questions

The Separation of Powers, Role of the Press and the Emergence of Online Media in China and Taiwan

Despite sharing a common culture over thousands of years, the modern stance of the Chinese and Taiwanese governments relating to the separation of powers and human rights has taken a drastically different path over the past seven decades. This paper begins with a brief introduction to traditional Chinese jurisprudence and how it has been shaped in recent times by the emergence of Western legal principles.It further examines the correlation between the separation of powers and the diversity of political discussion and level of regulation in the media of the People's Republic of China (‘PRC' or ‘China') and the Taiwanese Republic of China (‘ROC' or ‘Taiwan'), and how the constitutional and legislative provisions of each address these concepts and how they reflect International treaties adopted by each government. The emergence of online media to further demonstrate the different stances taken by the PRC and ROC on the adoption of these Western principles is analysed. Finally, the paper will examine the International criticisms the PRC and ROC face for their practices regarding media censorship. The paper suggests that maintaining a separation of powers is crucial in order to uphold a free, independent press

The role international human rights law in the protection of online privacy in the age of surveillance

The article discusses the uncertainty surrounding the interpretation and application of the right to privacy norms under Article 17 of the International Covenant of Civil and Political Rights 1966 in the context of State sponsored cyber surveillance. The paper supports the updating of General Comment No. 16 to Article 17. To that end, it focuses on two fundamental aspects of this process, namely the development of more detailed understanding of what is meant by the right to privacy in the 21st century and the challenge posed by foreign cyber surveillance to the principle of extraterritorial application of human rights