The Moral Basis of State Independence

2021 ◽  
pp. 52-63
Author(s):  
Anna Stilz
Keyword(s):  
Final Section ◽  
The State ◽  
National Defense ◽  
Moral Foundation ◽  
Political Independence ◽  
Moral Basis ◽  
Starting Point ◽  
Kantian View ◽  
Alternative Reading ◽  
Central Claim

The chapter takes as its starting point the central claim in Arthur Ripstein’s defense of a Kantian approach to war, namely that each state has a right to be independent from the determining choice of other states. The state’s right to independence is the basis for its permission to use force in national defense, and also for in bello restrictions that limit the permissible means of waging war to those necessary to stop aggression. But what morally justifies the state’s right to independence? And can this right be accounted for on Kantian grounds? Specifically, Stilz focuses on whether the Kantian view, as Ripstein reconstructs it, provides a philosophically satisfying basis for attributing a right to political independence to the state. In the final section, she outlines an alternative reading of Kant that may provide a more compelling moral foundation for this right.

The Constitutional Principle of Accountability: A Study of Contemporary South African Case Law

2018 ◽  
Vol 33 (1) ◽  
Author(s):  
Chuks Okpaluba
Keyword(s):  
Judicial Review ◽  
Police Officers ◽  
Public Procurement ◽  
Case Law ◽  
The State ◽  
Constitutional Principle ◽  
Starting Point ◽  
The Law ◽  
Constitutional Right ◽  
The Many

‘Accountability’ is one of the democratic values entrenched in the Constitution of South Africa, 1996. It is a value recognised throughout the Constitution and imposed upon the law-making organs of state, the Executive, the Judiciary and all public functionaries. This constitutional imperative is given pride of place among the other founding values: equality before the law, the rule of law and the supremacy of the Constitution. This study therefore sets out to investigate how the courts have grappled with the interpretation and application of the principle of accountability, the starting point being the relationship between accountability and judicial review. Therefore, in the exercise of its judicial review power, a court may enquire whether the failure of a public functionary to comply with a constitutional duty of accountability renders the decision made illegal, irrational or unreasonable. One of the many facets of the principle of accountability upon which this article dwells is to ascertain how the courts have deployed that expression in making the state and its agencies liable for the delictual wrongs committed against an individual in vindication of a breach of the individual’s constitutional right in the course of performing a public duty. Here, accountability and breach of public duty; the liability of the state for detaining illegal immigrants contrary to the prescripts of the law; the vicarious liability of the state for the criminal acts of the police and other law-enforcement officers (as in police rape cases and misuse of official firearms by police officers), and the liability of the state for delictual conduct in the context of public procurement are discussed. Having carefully analysed the available case law, this article concludes that no public functionary can brush aside the duty of accountability wherever it is imposed without being in breach of a vital constitutional mandate. Further, it is the constitutional duty of the courts, when called upon, to declare such act or conduct an infringement of the Constitution.

OWNERSHIP IN THE REPUBLIC OF MACEDONIA AND THE STATE AS THE HOLDER OF THE PROPERTY RIGHT UNDER THE CONSTITUTION IN 1991

2018 ◽  
Vol 28 (6) ◽  
pp. 1993-2005
Author(s):  
Shemsije Demiri ◽  
Rudina Kaja
Keyword(s):  
Legal Aspect ◽  
State Ownership ◽  
The State ◽  
Point Of View ◽  
State Function ◽  
Dominant Form ◽  
Republic Of Macedonia ◽  
General Terms ◽  
Starting Point ◽  
The Republic

This paper deals with the right to property in general terms from its source in Roman law, which is the starting point for all subsequent legal systems. As a result of this, the acquisition of property rights is handled from the historical point of view, with the inclusion of various local and international literature and studies, as well as the legal aspect devoted to the respective civil codes of the states cited in the paper.Due to such socio-economic developments, state ownership and its ownership function have changed. The state function as owner of property also changed in Macedonia's property law.The new constitutional sequence of the Republic of Macedonia since 1991 became privately owned as a dominant form of ownership, however, state ownership also exists.This process of transforming social property into state or private (dissolves), in Macedonia starts from Yugoslavia through privatization, return and denationalization measures, on which basis laws on privatization have been adopted. Because of this, there will be particularly intensive negotiations regaring the remaining state assets.

The Self-Undermining State

2017 ◽  
Author(s):  
Arjun Chowdhury
Keyword(s):  
State Formation ◽  
Final Section ◽  
The State ◽  
The Self ◽  
Central Authority ◽  
Interstate War ◽  
External Threats ◽  
Willingness To Sacrifice ◽  
The Cost

This chapter provides an informal rationalist model of state formation as an exchange between a central authority and a population. In the model, the central authority protects the population against external threats and the population disarms and pays taxes. The model specifies the conditions under which the exchange is self-enforcing, meaning that the parties prefer the exchange to alternative courses of action. These conditions—costly but winnable interstate war—are historically rare, and the cost of such wars can rise beyond the population’s willingness to sacrifice. At this point, the population prefers to avoid war rather than fight it and may prefer an alternative institution to the state if that institution can prevent war and reduce the level of extraction. Thus the modern centralized state is self-undermining rather than self-enforcing. A final section addresses alternative explanations for state formation.

Subaltern Migrations and the State

2017 ◽  
Author(s):  
Philipp Zehmisch
Keyword(s):  
Final Section ◽  
Social Engineering ◽  
The State ◽  
Penal Colony ◽  
The Third ◽  
Dynamic Relationship ◽  
Historical Processes ◽  
Subaltern Agency ◽  
History Of ◽  
Media Reports

This chapter considers the history of Andaman migration from the institutionalization of a penal colony in 1858 to the present. It unpicks the dynamic relationship between the state and the population by investigating genealogies of power and knowledge. Apart from elaborating on subaltern domination, the chapter also reconstructs subaltern agency in historical processes by re-reading scholarly literature, administrative publications, and media reports as well as by interpreting fieldwork data and oral history accounts. The first part of the chapter defines migration and shows how it applies to the Andamans. The second part concentrates on colonial policies of subaltern population transfer to the islands and on the effects of social engineering processes. The third part analyses the institutionalization of the postcolonial regime in the islands and elaborates on the various types of migration since Indian Independence. The final section considers contemporary political negotiations of migration in the islands.

Playing with Death

2021 ◽  
pp. 647-660
Author(s):  
Steed Vernyl Davidson
Keyword(s):  
The State ◽  
State Of Exception ◽  
Systematic Analysis ◽  
The Earth ◽  
Book Of Jeremiah ◽  
Central Claim ◽  
Rhetorical Violence

The task of identifying a single rationale for the violence on display in the book of Jeremiah may end with a coherent answer, but perhaps not a satisfactory one. That violence serves a reforming purpose seems satisfactory to theological readers in search of theodicy, as well trauma analyses that find the violence problematic but understandable. Other interpreters of Jeremiah, such as feminists and postcolonialists, struggle with the gratuitous and seemingly arbitrary nature of the violence. While not an attempt to rationalize the violence, this chapter engages the arbitrariness of the violence through a systematic analysis of four targets of violence in the book of Jeremiah: the prophet, the feminized Israel/Judah as adulterous wife, foreign nations, and the earth. By distinguishing these separate targets, the chapter examines how gender, sexuality, nationality, and speciesism intersect in the enactment of the rhetorical violence in the book. These delineations also set the stage for a central claim of the chapter, that of exceptional violence. Building upon Carl Schmidt’s notion that exceptional violence stems from exceptional vulnerability that requires the state of exception to use unrestrained violence, the chapter considers how the violence as narrated in Jeremiah not only performs this exceptionalism but also has exceptions. By examining who/what dies from the violence in the book, the chapter points out how the politics of death is played out upon different targets.

Starpkulturālās komunikācijas nozīme visaptverošas valsts aizsardzības sistēmas veidošanā

2021 ◽  
pp. 238-245
Author(s):  
Uldis Zupa ◽  
Keyword(s):  
Turning Point ◽  
Essential Element ◽  
The State ◽  
Successful Implementation ◽  
National Defense ◽  
Defense System ◽  
State And Society ◽  
State Defense ◽  
The Relationship

The implementation of the comprehensive national defense system in Latvia marks a new turning point in the relationship between the state and society – instead of being consumers of the security and defense provided by the state, every inhabitant of Latvia must become an active contributor to the natio-nal defense system. Thus, the society’s willingness to defend the state becomes an essential element in the successful implementation of the comprehensive state defense system. This article analyzes the different views of Latvian and Russian-speaking population on issues that affect the willingness to defend the state, as well as evaluates the role of intercultural communication for informing public and increasing the involvement in the comprehensive national defense system.

Leviathan on a Leash

2020 ◽  
Author(s):  
Sean Fleming
Keyword(s):  
International Relations ◽  
Political Thought ◽  
Sovereign Debt ◽  
New Technologies ◽  
Thomas Hobbes ◽  
The State ◽  
State Responsibility ◽  
Modern Politics ◽  
Starting Point ◽  
The World

States are commonly blamed for wars, called on to apologize, held liable for debts and reparations, bound by treaties, and punished with sanctions. But what does it mean to hold a state responsible as opposed to a government, a nation, or an individual leader? Under what circumstances should we assign responsibility to states rather than individuals? This book demystifies the phenomenon of state responsibility and explains why it is a challenging yet indispensable part of modern politics. Taking Thomas Hobbes' theory of the state as a starting point, the book presents a theory of state responsibility that sheds new light on sovereign debt, historical reparations, treaty obligations, and economic sanctions. Along the way, it overturns longstanding interpretations of Hobbes' political thought, explores how new technologies will alter the practice of state responsibility as we know it, and develops new accounts of political authority, representation, and legitimacy. The book argues that Hobbes' idea of the state offers a far richer and more realistic conception of state responsibility than the theories prevalent today and demonstrates that Hobbes' Leviathan is much more than an anthropomorphic “artificial man.” The book is essential reading for political theorists, scholars of international relations, international lawyers, and philosophers. It recovers a forgotten understanding of state personality in Hobbes' thought and shows how to apply it to the world of imperfect states in which we live.

IT for Peace? Fighting Against Terrorism in Social Media – An Explorative Twitter Study

i-com ◽  
2017 ◽  
Vol 16 (2) ◽  
pp. 181-193 ◽  
Author(s):  
Christian Reuter ◽  
Katja Pätsch ◽  
Elena Runft
Keyword(s):  
Social Media ◽  
Information Systems ◽  
Empirical Study ◽  
State Of The Art ◽  
The State ◽  
The Internet ◽  
New Members ◽  
Starting Point ◽  
The Media

AbstractThe Internet and especially social media are not only used for supposedly good purposes. For example, the recruitment of new members and the dissemination of ideologies of terrorism also takes place in the media. However, the fight against terrorism also makes use of the same tools. The type of these countermeasures, as well as the methods, are covered in this work. In the first part, the state of the art is summarized. The second part presents an explorative empirical study of the fight against terrorism in social media, especially on Twitter. Different, preferably characteristic forms are structured within the scope with the example of Twitter. The aim of this work is to approach this highly relevant subject with the goal of peace, safety and safety from the perspective of information systems. Moreover, it should serve following researches in this field as basis and starting point.

scholarly journals The Role of State in Achieving Sustainable Development Goals in Slovenia

2020 ◽  
Vol 29 (4) ◽  
pp. 233
Author(s):  
Senko Plicanic
Keyword(s):  
Sustainable Development ◽  
Sustainable Development Goals ◽  
Active Role ◽  
The State ◽  
The Sustainable Development ◽  
Role Of The State ◽  
Starting Point ◽  
Development Goals ◽  
State And Local

<p>The article analyses the importance of an active role of the state in achieving the Sustainable Development Goals. Its starting point is that despite the fact that today there is a growing recognition in the world that for the implementation of sustainable development an active role of the state and local self-governing communities is indispensable and despite the fact that in Slovenia such a role of the state in implementing sustainable development stems from its Constitution, so far, too little has been done in Slovenia to achieve the Sustainable Development Goals. The purpose of this article is to analyse theoretical arguments and the Constitution in order to show the need for an active role of the state in implementing sustainable development goals, and also to discuss basic steps to be implemented in order to achieve an active role of the state in Slovenia. In this article comparative and analytical methods were used in studying the literature and regulation. The article, based on theoretical arguments and the constitutional analysis, identifies the need for an active role of the state in implementing sustainable development goals, and proposes arguments for it and also basic steps toward an active role of the state. The discussed topic is new and this article contributes to the field some fundamental arguments for the active role of state and for the more comprehensive policy-making. The article offers theoretical and constitutional arguments to be implemented in order to transform the present role of the state from a passive one into an active role and its findings are meant to be used by policy-makers and law-makers as a significant argument to pursue more active role of the state in implementing sustainable development goals.</p>

scholarly journals “CONVENTIONAL WISDOM” AND THE POLITICS OF SHINTO IN POSTWAR JAPAN

2010 ◽  
Vol 4 (1) ◽  
pp. 68-82
Author(s):  
John Breen
Keyword(s):  
20Th Century ◽  
21St Century ◽  
Final Section ◽  
The State ◽  
Early 20Th Century ◽  
Postwar Japan ◽  
Politics And Religion ◽  
The Supreme Court ◽  
Post War ◽  
Shed Light

In January 2010, the Supreme Court delivered a historic verdict of unconstitutionality in a case involving Sorachibuto, a Shinto shrine in Sunagawa city, Hokkaido. All of the national newspapers featured the case on their front pages. As the case makes abundantly clear, issues of politics and religion, politics and Shinto, are alive and well in 21st century Japan. In this essay, I seek to shed light on the fraught relationship between politics and Shinto from three perspectives. I first analyze the Sorachibuto case, and explain what is at stake, and why it has attracted the attention it has. I then contextualize it, addressing the key state-Shinto legal disputes in the post war period: from the 1970s through to the first decade of the 21st century. Here my main focus falls on the state, and its efforts to cultivate Shinto. In the final section, I shift that focus to the Shinto establishment, and explore its efforts to reestablish with a succession of post LDP administrations the sort of intimacy, which Shinto enjoyed with the state in the early 20th century.

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