LAW AND LEGAL NIHILISM
Authors:
Type:
Article
Pages:
from 0
to 0
Status:
Published
Received:
05.10.2016
Accepted:
24.10.2016
Published:
24.10.2016
Language:
Russian
Keywords:
правовой нигилизм, законодательный процесс, парламент, лоббизм, судебная система, Европейский Союз, прямая демократия.
Abstract (English):
The article is devoted to consideration of issues of legal nihilism in modern society. The author highlights the main causes and conditions contributing to emergence of legal nihilism. Among them: disappointment with the way in which the formal rules work or the way in which they are administered; the fact that on the economic level it is more profitable not to accept them, or unwillingness to let humans make law since law is given by God, Allah or another divine being. Based on the analysis of the current state of legal regulation in Denmark, the author outlines current factors influencing the development of legal nihilism in the country. The author refers to them the following. Firstly, decisions made by Parliament are no longer regarded as trustworthy as before because it is no long in the same direct contact with the voters as before where they had to argue their cases directly face to face in the assembly houses. Secondly, most Danish legislation today is not a consequence of discussions in the Danish Parliament but an implementation of EU-legislation. Thirdly, professional lobbyism has become a major factor in influencing politicians, the consequence being that the interests of the lobbyist. Fourthly, judges are not trusted to the same degree as before. On the author’s opinion, the optimal way to overcome legal nihilism is returning elements of direct participation of people in decision-making process.
The article is devoted to consideration of issues of legal nihilism in modern society. The author highlights the main causes and conditions contributing to emergence of legal nihilism. Among them: disappointment with the way in which the formal rules work or the way in which they are administered; the fact that on the economic level it is more profitable not to accept them, or unwillingness to let humans make law since law is given by God, Allah or another divine being. Based on the analysis of the current state of legal regulation in Denmark, the author outlines current factors influencing the development of legal nihilism in the country. The author refers to them the following. Firstly, decisions made by Parliament are no longer regarded as trustworthy as before because it is no long in the same direct contact with the voters as before where they had to argue their cases directly face to face in the assembly houses. Secondly, most Danish legislation today is not a consequence of discussions in the Danish Parliament but an implementation of EU-legislation. Thirdly, professional lobbyism has become a major factor in influencing politicians, the consequence being that the interests of the lobbyist. Fourthly, judges are not trusted to the same degree as before. On the author’s opinion, the optimal way to overcome legal nihilism is returning elements of direct participation of people in decision-making process.
Keywords:
правовой нигилизм, законодательный процесс, парламент, лоббизм, судебная система, Европейский Союз, прямая демократия.
правовой нигилизм, законодательный процесс, парламент, лоббизм, судебная система, Европейский Союз, прямая демократия.
