Law and the Rightness (and Wrongness) of Things

Worldview ◽  
1979 ◽  
Vol 22 (9) ◽  
pp. 40-45
Author(s):  
Richard John Neuhaus

The law is not like life. Therein lies its utility and even its majesty. The law is not like life. Therein lies its weakness and even its danger. To be sure, the law is part of life; it is part of that communal experience we call history, including this present moment. Law itself, as we shall emphasize, has a history. And yet, when we speak of "the law," we imply that it is something distinct from ordinary experience. It has a normative status by which we order, remedy, and judge the interactions that make up what we call "life."

Author(s):  
A. I. Klimenko ◽  
A. A. Solukov

INTRODUCTION. The article is devoted to the problem of identifying the ideological and legal foundations of international cooperation of the criminal police. The paper considers International law as a special ideological form of law. One of the functions of this law is the function of organizing cooperation in combating crime at the international level. The segment of international law governing criminal police cooperation within an organization such as Interpol is primarily involved in the implementation of this function.MATERIALS AND METHODS. Using a socio-axiological approach, which studies the law not as a set of norms, but as a system of conventional values based on needs and interests of social actors in the process of legal discourse, the authors analyse the legal values and ideas that underlie the activities of Interpol. The paper studies international regulations of the Interpol activities as well as the regulations of the activities of the National Central Bureau of Interpol of Ministry of Internal Affairs of Russia, also studies theoretical materials (articles and studies), that could shed light on the aspects of formation and development of these ideas and values on the doctrinal level. The paper undertakes functional and structural analyze of the legal ideology of Interpol. It utilizes dialectical, system, formal-logical and comparative law methods.RESEARCH RESULTS. The authors build the theoretical model of the legal ideology structure and determine its basic functions. Its contents, i.e. values, ideas and principles, could formally manifest themselves in legal documents on both international and/or national levels, or informally emerge in the public legal discourse in the law enforcement field. On the functional level, the legal ideology of Interpol creates ideological foundations for law enforcement, including legal data base for combating crime and co-operation in law enforcement field and law enforcement practices, legitimizes international co-operation in combating crime, brings together international eff ts in combating crime, and strengthens international co-operation in this field. It also facilitates the universalization of the international law order and creation of legal policies in combating crime.DISCUSSION AND CONCLUSIONS. The legal ideology of Interpol is a complex system employing functional potential, that remains to be studied in details. The unique nature of ideas and values (law values), that lay ground for the legal ideology of Interpol, their high effi ency, derive from its particular functions, proven to be valuable on the modern stage of international co-operation in law enforcement field. The legal ideology of Interpol, in terms of its contents, tends to be very specific on the values level, because it encompasses legal values of conventional nature, as well as legal ideas supporting these values, and principles directed at them. Its contents never stop transforming accordingly to ever changing realities of international relations in the process of uninterrupted public legal discourse in law enforcement field. At the present moment, both its flexibility in terms of contents and functional potential allow us to see it as an important factor contributing to the development of the international law.


Author(s):  
Ten-Herng Lai

A prominent way of justifying civil disobedience is to postulate a pro tanto duty to obey the law and to argue that the considerations that ground this duty sometimes justify forms of civil disobedience. However, this view entails that certain kinds of uncivil disobedience are also justified. Thus, either a) civil disobedience is never justified or b) uncivil disobedience is sometimes justified. Since a) is implausible, we should accept b). I respond to the objection that this ignores the fact that civil disobedience enjoys a special normative status on account of instantiating certain special features: nonviolence, publicity, the acceptance of legal consequences, and conscientiousness. I then show that my view is superior to two rivals: the view that we should expand the notion of civility and that civil disobedience, expansively construed, is uniquely appropriate; and the view that uncivil disobedience is justifiable in but only in unfavorable conditions.


1834 ◽  
Vol 12 (1) ◽  
pp. 153-190 ◽  
Author(s):  
James D. Forbes

1. The science of Meteorology must be ranked, at the present moment, among the most rising branches of natural knowledge. The transition from the hasty generalization which always marks the embryo state of science, to the application of sober inductive analysis, is one so important, and so truly interesting, as to repay amply the philosophical abstinence which it imposes. No more important lesson, indeed, can be learned, than from the very examples of crude speculation, which, for centuries, the progress of this subject has afforded among the multitudes whose scientific acquirements are limited to the art of consulting a weather-glass, or registering a thermometer, little imagining that the very science they affect to cultivate, ranks among its phenomena the interwoven effects of remote and recondite causes,—a science which, to use the words of Mr Herschel, is “one of the most complicated and difficult, but, at the same time, interesting subjects of physical research: one, however, which has of late begun to be studied with a diligence which promises the speedy disclosure of relations and laws, of which, at present, we can form but a very imperfect notion.”


2016 ◽  
Vol 4 (2) ◽  
pp. 0-0
Author(s):  
Генрих Чернобель ◽  
Gyenrikh CHyernobyel

The article is devoted to reviewing the issue of ideology — legal ideology, political ideology, and their interrelationship. The development of social relationships is influenced by the theoretical origins of ideology, their scientific adjustment and value. The author points out that legal ideology is the key to understanding the law as a universal regulatory phenomenon in the system of social relations and its importance is in the legal state which is recognized constitutionally. The author gives etymological meaning of “militia” and “police” in order to show how deeply the amendments of law have influenced Russian mentality. The author comes to the conclusion that the Constitution is the founding document — the official ideology, based on the ideas, basic principles, standards of generic value which legalize the “tonality” of existing legislation and public administration. At the present moment there is a need to develop a strategic legal ideology aimed the ideological unity of Russian citizens forming a democratic legal state.


2015 ◽  
Vol 44 (3) ◽  
pp. 372
Author(s):  
La Sina

Speaking of corruption is being aggressively reviled by various circles of society , people no longer trust law enforcement corruption . With a variety of reasons escape corruption charges. Is this making people more amused components against corruption . Born as a result of the impact of corruption is very dangerous , one of which the decline of the national economy . Anti-corruption efforts solely through the prosecution of corruption , whereas the present moment awareness need everyone to obey the law of corruption .The perpetrators of corruption in Samarinda always hide behind the policies and provisions contained in the legislation governing the authority of an agency or official , so as though everything is a discretionary authority .This type of research used in this paper is an empirical legal research methods with qualitative approach to analyze the data that refers to the rules and regulations perudang . So as to obtain an overview of the impact of corruption in public life , analyze and formulate on law enforcement corruption , and to analyze the factors that affect the law enforcement corruption in the city of Samarinda


1859 ◽  
Vol 5 (29) ◽  
pp. 435-440
Author(s):  
J. C. B.

It is with great diffidence that we undertake the task of commenting upon this Bill. The flickering haze which rests upon the landscape of Irish life so disturbs the clearness of English vision, that we doubt if we judge of anything correctly, which takes place on the other side of the channel, from our point of view on this. We have, however, received several communications from our Irish brethren, urging us to represent their views in our journal, on the important legislation which is holding out its threats and its promises to them at the present moment. It would have been more satisfactory if some of the numerous and accomplished members of the Association, whose field of professional labour is in the Irish asylums, would themselves have undertaken this task; the more so since, when we affirm that such and such things work well in England, we are met with the constant rejoinder that it is not so in Ireland, that things are quite different there. A most important instance of this is afforded in the opposition made to the principle and basis of this Bill, which confers powers, hitherto held by the Executive, on Committees of Visitors appointed by the Grand Juries of counties. In England, the administration of justice, which brings the law to every man's door, is entrusted to gentlemen in Commission of the Peace, and to Borough Magistrates; and the management of pauper lunatic asylums is placed entirely in their hands. This task they have, with the rarest exceptions, discharged with exemplary diligence and fidelity. In Ireland, the initiative administration of the law is in the hands of Stipendiary Magistrates; but the Grand Juries in counties represent the same class of persons as the English Courts of Quarter Sessions; and to them it is proposed in Lord Naas' Bill to delegate some authority in the management of lunatic asylums, though by no means to the same extent as that which is exercised by the Visitors of Asylums in England. A strenuous opposition is being made to this, and when we say that the system has worked admirably in this country, we are met by the rejoinder that Irish Grand Juries are nests of jobbery and corruption. We are fain to hope that it is not so; and that the bad odour of past offences, rather than present failings, is the ground of the charge. We are fain to believe that the Irish country gentlemen are not essentially less just than the English; and we are certain of this, that to decry the highest class resident in a country, and to remove from them social powers and duties, is not the way to elevate the tone of public morality, and to diminish the prevalence of jobbery and corruption. We look upon the public responsibilities of country gentlemen as a great school for the formation of public character; and if it be that the Irish country gentlemen are a little behind our own happy land in this education of social duty, we recognize in the provisions of Lord Naas' Bill one means of training them in habits of business and principles of justice. Yet the interest of the insane ought not to be too rashly imperiled, which, according to the best advice we have received, this bill, in some of its provisions, threatens to do; especially in those which change the appointment and the tenure of office of the Resident Physicians from the Executive to the Visitors.


2016 ◽  
Vol 44 (3) ◽  
pp. 372 ◽  
Author(s):  
La Sina

Speaking of corruption is being aggressively reviled by various circles of society , people no longer trust law enforcement corruption . With a variety of reasons escape corruption charges. Is this making people more amused components against corruption . Born as a result of the impact of corruption is very dangerous , one of which the decline of the national economy . Anti-corruption efforts solely through the prosecution of corruption , whereas the present moment awareness need everyone to obey the law of corruption .The perpetrators of corruption in Samarinda always hide behind the policies and provisions contained in the legislation governing the authority of an agency or official , so as though everything is a discretionary authority .This type of research used in this paper is an empirical legal research methods with qualitative approach to analyze the data that refers to the rules and regulations perudang . So as to obtain an overview of the impact of corruption in public life , analyze and formulate on law enforcement corruption , and to analyze the factors that affect the law enforcement corruption in the city of Samarinda


wisdom ◽  
2021 ◽  
Vol 1 (1) ◽  
pp. 138-146
Author(s):  
Alexei MALINOVSKY ◽  
Pavel DOBROTVORSKY

This article analyses the philosophical foundations of the Law and Development doctrine, which has been used as a practical tool since the 1950s in many countries in an attempt to improve their socio-economic conditions. Since the adoption of the UN Resolution on Sustainable Development Goals in 2015, most countries have been making efforts to achieve it. We emphasize two philosophical-legal traditions in Law and Development under consideration, which in many respects display antagonistic attitudes to each other: liberal legalism and the ideas of postmodernism philosophy, in particular, the ideas of post-development. The dialectics of this contradiction is revealed in an attempt by liberal legalism to spread itself beyond the western legal systems. Postmodernism, which has been influenced by left-wing political and legal doctrines (neo-Marxism), is aimed at taking into account the interests of local cultures and more equitable distribution of global public goods as a development priority. Following the logic of G. F. Hegel, the evolution of Law and Development can be presented as the spiral reflecting the interaction of law and development theories that began to unwind in the second half of the XX century and continues its upward movement to the present moment.


2015 ◽  
Vol 20 (3) ◽  
pp. 72-84 ◽  
Author(s):  
Paula Leslie ◽  
Mary Casper

“My patient refuses thickened liquids, should I discharge them from my caseload?” A version of this question appears at least weekly on the American Speech-Language-Hearing Association's Community pages. People talk of respecting the patient's right to be non-compliant with speech-language pathology recommendations. We challenge use of the word “respect” and calling a patient “non-compliant” in the same sentence: does use of the latter term preclude the former? In this article we will share our reflections on why we are interested in these so called “ethical challenges” from a personal case level to what our professional duty requires of us. Our proposal is that the problems that we encounter are less to do with ethical or moral puzzles and usually due to inadequate communication. We will outline resources that clinicians may use to support their work from what seems to be a straightforward case to those that are mired in complexity. And we will tackle fears and facts regarding litigation and the law.


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