Public order as a protectable interest

Legal Studies ◽  
2021 ◽  
pp. 1-20
Author(s):  
Zhilong Guo
Keyword(s):  
Everyday Life ◽  
Public Order ◽  
Important Criterion ◽  
Public Interests ◽  
The Public

Abstract Public order as a protectable interest is an important criterion for determining a consistent and rational scope of crimes against public order. From the specific perspective of everyday life, Feinberg's theory of minimum welfare interests neglects those kinds of interests that relate to a smooth or harmonious life. Socio-legal perspectives make it clear that safety interests, which directly concern basic living (bodily existence), do not include various kinds of order interests – and thus life order interests in convenience, comfort and peace, distinguishable from safety interests that are protected by English public order laws, can be construed as the public order interest. By critically adopting Feinberg's individualistic approach to analysing public interests in three types of case, the test of being public is further clarified. Typical categories of public order are socially and normatively identified before concluding with a discussion of the effects the identification made by the paper might make to the scope and nature of public order law and offences.

Migrare nel tempo. Sulla migrazione delle comunitŕ Rom romene a Torino

2009 ◽  
pp. 105-118
Author(s):  
Salza Carlotta Saletti
Keyword(s):  
Public Opinion ◽  
Everyday Life ◽  
Public Administration ◽  
Public Order ◽  
Urban Context ◽  
The Public ◽  
Temporal Discontinuity ◽  
The Media ◽  
Big Cities

- The rom communities from Romania constitute the last migration of rom groups in Italy. Nowadays the public administration considers this migration a matter of emergency and of public order, although the first arrivals of this rom (in Turin and in other Italian big cities) date from the beginning of Ninety°s. About 900-1500 Rumanian rom live in Turin, about 50.000 in Italy. This migration is very different from the others because of its temporal discontinuity, of the different zones of provenance (from rural or urban context) and of the different causes of migration. There are not many studies about these rom also if they are generically portrayed as criminals by the media and by the public opinion. Indeed these rom maintain a condition of invisibility concerning different aspects of their everyday life such as their housing strategies.

The Effect of Sanctions on Cooperative Behavior: A Study on Medium Trust Individuals in the Context of Corruption

2018 ◽  
Vol 34 (1) ◽  
Author(s):  
Dewi Rosiana ◽  
Achmad Djunaidi ◽  
Indun Lestari Setyono ◽  
Wilis Srisayekti
Keyword(s):  
Logistic Regression ◽  
Public Interest ◽  
Logistic Regression Model ◽  
Cooperative Behavior ◽  
Research Subjects ◽  
Chi Square ◽  
Public Interests ◽  
The Public ◽  
Chi Square Analysis ◽  
Personal Interests

This study aims to describe the effect of sanctions (individual sanctions, collective sanctions, and absence of sanctions) on cooperative behavior of individuals with medium trust in the context of corruption. Both collective sanctions and individual sanctions, are systemic, which means sanctioning behavior is exercised not by each individual but by the system. Cooperative behavior in this context means choosing to obey rules, to reject acts of corruption and to prioritize public interests rather than the personal interests. Conversely, corruption is an uncooperative behavior to the rules, and ignores the public interest and prioritizes personal interests. Research subjects were 62 students. The Chi-Square Analysis was used to see the association between the variables and the logistic regression model was applied to describe the structure of this association. Individual sanction is recommended as punishment to medium trust individuals to promote cooperative behavior in the context of corruption. The results showed that individuals with medium trust had more cooperative behavior.

OBJECTIVES AND FUNCTIONS OF LOBISTRY ACTIVITY IN UKRAINE: REALITIES TODAY AND EVOLUTIONARY FORECAST

2018 ◽  
Vol 1 (12) ◽  
pp. 329-339
Author(s):  
Tikhon Sergeyevich Yarovoy
Keyword(s):  
Civil Society ◽  
Political System ◽  
Developed Countries ◽  
Public Interests ◽  
The Public ◽  
Political Events ◽  
The Developed Countries ◽  
Definition Of ◽  
Industrial Groups

The article is devoted to the research of goals and functions of lobbying activity. The author has processed the ideas of domestic and foreign scientists, proposed his own approaches to the definition of goals and functions of lobbying activities through the prism of public administration. As a result, a generalized vision of the goals and functions of lobbying activities as interrelated elements of the lobbying system was proposed, and a forecast for further evolution of the goals and functions of domestic lobbying was provided. The analysis of lobbying functions allowed us to notice the tendencies in shifting the goals of this activity. If the objectives were fully covered by functions such as mediation between citizens and the state, the information function and the function of organizing plurality of public interests, then the role of strengthening the self-organization of civil society and the function of compromise become increasingly important in the process of formation in the developed countries of civil society and the development of telecommunication technologies. Ukrainian lobbyism will not be left to the side of this process. Already, politicians of the highest level, leaders of financial and industrial groups have to act, adjust their goals (even if they are — declared), taking into account the reaction of the public. In the future, this trend will only increase. The analysis of current research and political events provides all grounds for believing that, while proper regulatory legislation is being formed in Ukraine, the goals and functions of domestic lobbying will essentially shift towards a compromise with the public. It is noted that in spite of the existence of a basic direction of action, lobbying may have several ramified goals. Guided by the goals set, lobbyism can manifest itself in various spheres of the political system of society, combining the closely intertwined interests of various actors in the lobbying process, or even — contrasting them.

Public Order: Concept and Category Content

2020 ◽  
pp. 95-99
Author(s):  
R. G. Kalustov
Keyword(s):  
Law Enforcement ◽  
Public Order ◽  
Law Enforcement Agencies ◽  
The Public ◽  
History Of

The article discusses the emergence and development, as well as existing approaches to understanding the concept of “public order”. The history of the formation of this category is examined by analyzing regulatory legal acts. This method allows you to track the change in value and determine how to correctly understand the “public order” today. Revealing the concept, ambiguity arises in understanding this category, in connection with which the most applicable approach is currently determined for use in practice by law enforcement agencies.

Causes, Scope and Features of Disputes in Budgetary Sphere

2020 ◽  
Vol 2 ◽  
pp. 80-89
Author(s):  
A. D. Selyukov ◽  
Keyword(s):  
Public Sector ◽  
Goal Setting ◽  
Management Decision ◽  
Public Interests ◽  
The Public ◽  
Legal Relationship ◽  
Setting Mechanism ◽  
The Law ◽  
Judicial Protection ◽  
Ruling Party

The article is devoted to identifying the features of conflicts in the public sector as a basis for disputes, including with the participation of courts. The concept of «public interests» is introduced, on the basis of which the characteristic of disputes in the budgetary sphere is given as a dispute between the parties, relations between which are based on the method of legal inequality. It is concluded that by virtue of the law, the ruling party gives instructions to the subordinate party to do something in relation to the budget, but not always the public interests of the parties to the legal relationship are equally protected by law, which is not sufficiently manifested in the practice of legal support of budgetary activities. Since the efforts of the legislator to regulate budgetary relations are mainly aimed at ensuring procedural activities, they almost do not affect the goal-setting mechanism, so the subordinate party has no opportunity to challenge the management decision that infringes the implementation of the public interests of the subordinate party. By virtue of the above, the courts do not participate in the consideration of issues that go beyond the procedure for spending budget funds and the application of appropriate sanctions. Therefore, frequent cases of arbitrariness of the powerful party in budgetary legal relations remain without proper judicial protection. To solve the problem, it is required to introduce the institution of goal-setting in the budget legislation, so that it will be possible to talk about the proper provision of public interests in the budget sphere.

scholarly journals Nonprofit Arts Organizations’ Pursuit of Public Interests: The Role of Board Diversity

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Young-Joo Lee
Keyword(s):  
Nonprofit Organizations ◽  
Racial Diversity ◽  
Arts Organizations ◽  
Board Governance ◽  
Public Interests ◽  
Board Diversity ◽  
The Public ◽  
Nonprofit Boards ◽  
Nonprofit Arts

Abstract Although nonprofit organizations are expected to contribute to public interests, their tax exemption does not necessarily entail serving the broader public. What, then, makes nonprofit organizations orient their work externally, serving the broader public, instead of internally, pursuing private goals? This paper examines this question by studying the link between nonprofits’ board governance, with a specific focus on boards’ racial diversity, and their contribution to public interests. The analysis of the 2015 US Local Arts Agency Census reveals that boards’ racial diversity is closely related with nonprofit arts organizations’ participation in serving the broader public through civic engagement and community development activities. The findings offer insights on how nonprofit boards, which are neither publicly elected nor publicly accountable, can be trusted to attend to broader issues of the public interest.

Police Powers and Public Meetings

1937 ◽  
Vol 6 (2) ◽  
pp. 175-181
Author(s):  
E. C. S. Wade
Keyword(s):  
Search And Seizure ◽  
Public Order ◽  
The Public ◽  
Police Powers ◽  
The Past ◽  
Public Meetings ◽  
Police Action ◽  
The Right ◽  
First Time

Apart from the passage through Parliament at the end of last year of the Public Order Act, the Courts have in the past few years interpreted police powers on several occasions in the direction of restricting liberty. No excuse is therefore required for examining once again in this Journal a topic, one aspect of which was discussed in the last number. The case of Elias v. Pasmore [1934] 2 K. B. 164 raised important questions as to the right of the police to search premises in the course of making an arrest on a warrant. That case recognized for the first time the validity on such an occasion of a search, which resulted in the discovery of documents (not being documents in the possession of the person named in the warrant) containing evidence of an offence committed by any person, even though the search and seizure were illegal as regards other documents discovered on that occasion. This protection for police action only extends to the actual documents which are evidence of the commission of a crime; but it matters not that the crime is one alleged to have been committed by some one other than the person in the course of arresting whom the search is being made.

The Public Order of the Oceans

1964 ◽  
Vol 73 (4) ◽  
pp. 727
Author(s):  
Gordon B. Baldwin ◽  
Myres S. McDougal ◽  
William T. Burke
Keyword(s):  
Public Order ◽  
The Public
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