The Origin of Judicial Litigation among the Greeks

Traditio ◽  
1946 ◽  
Vol 4 ◽  
pp. 31-87 ◽  
Author(s):  
Hans Julius Wolff

Students of the history of Greek procedure generally hold that public administration of justice originated in a prehistoric habit of settling disputes between individuals by voluntary waiving self-help and resorting to arbitration. This ancient custom is supposed to have been gradually developed into a system under which the parties were denied the right to seek realization of their claims by private force and compelled to submit their cases to authorities designated and empowered to try the claims and hand down binding judgments. Litigants are believed to have been forced by an ever increasing pressure of public opinion, as well as by the growing power of the rulers, to refrain from armed feud and blood-vengeance, and to seek the decision of the princes who by virtue of their social and personal preponderance were predestined to act as arbitrators. After the consolidation of the state, their jurisdiction, according to the prevailing theory, became a legal institution and passed, after the abolishment of the early monarchy, to the aristocratic city magistrates, and later, in the democracies, to the popular courts. As an intermediate stage, the existence of a system of ‘obligatory arbitration’, indirectly enforced by the public disapproval of those not complying with it, has been suggested for the type of society known from Hesiod'sWorks and Days.

2018 ◽  
Vol 325 ◽  
pp. 307-316
Author(s):  
Gergely László Szőke

For both the functioning of the state and in a broader sense, that of society it is a key question to determine who has access to the public data, for what purposes, to what extent and on what conditions. The questions of disposal of, access to and public disclosure related to the data processed by the state concern several fields of law, and the coherency of the legal provisions is far not obvious. The aim of this study is to discuss a few aspects of this comprehensive issue. Since some of the public data are processed in public administration proceedings, the question of how public disclosure is enforced in the specific administrative proceedings, and more specifically, how compliant the Hungarian regulation of the freedom of information is with the right of inspection regarding concrete cases is examined. Although the research is focusing mainly on the Hungarian legislation, the findings of this essay may be also used in the international discourse.


Author(s):  
M. Zadorozhna

Problem setting. In democracies, the inherent right of citizens is the right to be informed about the policy pursued by the state, including not only the publicity and openness of government, but also the right to communicate public opinion on socially important issues to the government. The need for theoretical generalization and systematization of ideas about the content, structure, functions, internal logic of procedures and mechanisms of formation and implementation of regulatory principles of legal consciousness is becoming increasingly obvious. In other words, in terms of modern comprehensive research in the field of philosophy of law and a number of other branches of theoretical jurisprudence, the issue of not just harmonization and unification of such ideas, but the scientific development of a holistic theory of genesis and functioning of legal consciousness gains relevance. Despite the rather wide range of conceptual positions on the possibilities and areas of constructing such a theory, there is an approach based on studies of the primary, ontological, mentally structured foundations of legal consciousness. Resent research and publications analisys. Researcher of the system approach to processes in nature and society Yu. Bilodid characterizes the system as a set of qualitatively defined elements, having a natural connection or interaction between them. He is convinced that any self-organizing system for a certain purpose tums on reactivity (stabilization) and adaptation (dynamics), as well as a feedback channel, including a damper channel of negative feedback. Highlighting previously unsettled parts of the general problem. In Ukraine, the state of legal consciousness in public administration has been studied by Viacheslav Omelzov, who emphasized the monitoring of the state of public consciousness as a tool for information support of public administration. Paper main body. Legal consciousness and legal culture do not arise spontaneously and are not birth inherent, but it rather results from the process of socialization of the individual. Legal socialization of a minor involves the inclusion in his/her value normative system those values ​​that are protected by law, the mastery of lawful behavior, the formation of a sense of social responsibility and solidarity with the law. Thus, the legal socialization of adolescents is associated with the acquisition of social values, the creation of a special system of legal ideas and skills of law enforcement behavior, the formation of legal consciousness. Also, legal socialization is inextricably linked with the moral formation of personality. Having law as a tool, the state seeks to establish progressive moral norms, fights against injustice, evil and vices in the minds of citizens, the entire population. In turn, morality affects the legal life of society, the development of law, thus contributing to the strengthening of public order. Conclusions of the research and prospects for further studies. Feedback as a kind of regulator of power performs the functions of control, advice, and prescription. The very fulfillment of the wishes of the public is a guarantee that the authoritarian influence on the public consciousness will not be a manipulation, but the actualization of abilities and capabilities of each citizen, the awakening of the humanistic potential of the public consciousness. So, morality and law are interrelated forms of regulation of human behavior in a given society. The law is part of social norms, i.e. the norms regulating relations between people and their organizations (public formations and associations). All social norms, depending on their role and place in the system of social regulation, are split into legal (or judicial), moral, religious, corporate, political norms, aesthetics, customs and traditions. Thus, the interaction of the elements of the mechanism of criminal law regulation at its various levels is a complex and contradictory matter. Indeed, the criminal law regulation takes place in different regimes, which are determined by the balance formed at one stage or another between certain parts of its mechanism. Further research prospects may include the selection of relevant tools to study the state of public consciousness to identify ways to raise it, the organization of such monitoring centers to study changes in legal consciousness, their causes and consequences.


2021 ◽  
Vol 9 (208) ◽  
pp. 1-13
Author(s):  
Beatriz Pereira de Souza Rosa ◽  
Antonio José Domingos Dantas ◽  
Carolina Bonance dos Santos ◽  
Thayane dos Santos Dias

Brazil is a country characterized by a long history of conflict between the public and the private, the patrimonialist practice rooted in politics, and consequently the state and municipal institutions, is extremely harmful to the socioeconomic development of the country. Administrative influence is everything that the executive and the administrative bodies of the other powers exert on their own activities, aiming to keep them within the law, according to the needs of the service and the technical requirements of its realization, so it is a control of legality, convenience and efficiency. The methodology used proposes that, in order to add the proposed objective of analyzing and describing basic principles of public administration in Brazil; under these three aspects, administrative control can and must be operated, so that public activity achieves its purpose efficiently, which is the complete fulfillment of collective interests by the administration in general.


Author(s):  
Pablo Piccato

This book examines the construction of crime as a central focus of public life in postrevolutionary Mexico. It does so by exploring cases, stories, and characters that attracted Mexican publics between the 1920s and the 1950s. The problems of learning the truth about criminal events and of adjudicating punishment or forgiveness concerned a broad spectrum of the population. This book looks at narratives, debates, and social practices through which a diversity of actors engaged the state and public opinion around a theme of common interest. Narratives and media about crime and justice that are still in place today developed during the decades of the twentieth century examined in the book: broadly shared ideas about impunity and corruption, extrajudicial punishment and the public meaning of homicide, and the divorce of legal justice and the truth.


Author(s):  
Linh Benson ◽  
Huay Thúy Thanh ◽  
Bảo Nga Thao

This article discusses the application of the new public service concept in serving the public. This is based on the Public Administration Problem in its development which has gone through several stages. As one of the countries in the world, of course, it is part of the global administration system, which always develops in accordance with the development of contradictions and mutual relations between nations in the world. So that the implementation of the new public service can have an impact on the implementation of the New Public Service with an awareness of the real role of the state. It is no longer authoritarian or still chooses who has the right to receive services from the State. In the current context, the practice of Public Administration has led to the principles of the New Public Service paradigm.


Author(s):  
Nataliia Luhovenko ◽  

The relevance of a question of redistribution of obligations of the state on accomplishment of social and economic tasks leads both to revision of its functions, and to delegation of some of them to the public sector. Current trends of development of society lead to change of views of such classical category as "function". In article scientific approaches to determination of the concept "functions" as categories of management of modern scientists and founders of managerial science who studied the theory and the history of management during the different periods are investigated. The author in details analysed essence and characteristic of the term "function" and "functionality" in the context of the public and branch management and also the emphasis on various forms of their treatments is placed. On the basis of the analysis of a large number of determinations and formulations of this category, own determination of functions of public administration in the social and economic sphere of Ukraine is formulated. The list of the main functions of the state which accomplishment influence forming and development of modern Ukrainian society is specified. Separately also separation into the general and support functions of public administration is specified, their contents is analysed. In the course of the research are formulated and opened own understanding of the concept "function" of various spheres of management. In article it is assumed that function of observation it is better than the state performs society in the desire to aspiration of justice. Refining of function of observation, as such following from control and the analysis is also offered. It is noted if management has such purpose as personnel filling and resource providing, then functions have to be guided accurately from these requirements. Analyzing a question of functions of public administration, the author noted that consideration of problems of the social and economic sphere demands special functionality which in turn has to be modernized according to market requirements and a maturity of society.


2021 ◽  
Vol 10 (1) ◽  
pp. 168-178
Author(s):  
E.N. SELIUTINA ◽  
◽  
V.A. KHOLODOV ◽  

The purpose of the article is to consider the history of the public administration system development in Russia via various aspects and features. The analysis and accounting of Russian historical expe-rience in building the integral system of state incentives in the context of the management vertical formation is very relevant today. The article presents the author's approach to the state incentives consideration in the context of the state awards institution, taking into account legal and technical regulation of this process in various regulatory legal acts. The purpose of the article is to consider the genesis of the state awards institution and its formalization in regulatory legal acts in the context of public administration functioning. The subject of the study is the Russian state awards system and the system of normative acts regulating the award mechanism, both considered in historical retro-spect. The authors summarize that the institute of state incentives as a mechanism of public admin-istration is in permanent development and, today, it is designed for stimulating state-significant activi-ties in various fields, and the award mechanism, having passed a long evolutionary period, is cur-rently regulated by a number of specialized regulatory legal acts of the federal and regional levels.


2021 ◽  
Vol 22 (3) ◽  
pp. 427-432
Author(s):  
Gustavo Cunha de Araujo ◽  
Rosane Gomes de Araújo ◽  
Luis Gomes de Oliveira

ResumoA história da democratização da educação traz consigo uma luta da classe trabalhadora de jovens e adultos, para que a educação seja mais acessível e gratuita a todos. Assim, com a Constituição Federal de 1988, o direito à igualdade, à educação e à universalização do ensino influenciaram a criação de políticas públicas voltadas ao desenvolvimento do ensino na educação brasileira. O artigo apresenta como objetivo compreender como a Arte e a EJA são concebidas nos documentos oficiais da Educação Básica e da Educação de Jovens e Adultos (EJA) no Estado do Tocantins. Esta pesquisa segue a abordagem qualitativa, de caráter descritivo e de natureza documental. A disciplina de Arte não está bem delineada nos anos da Educação Básica deste Estado, uma vez que, embora os documentos analisados afirmem da importância dessa área para a produção de conhecimento, não deixam claro se essa disciplina ocorrerá em todo o Ensino Fundamental, Ensino Médio e na EJA. É possível afirmar, portanto, que os jovens e os adultos vão à escola não por obrigação, mas porque eles têm interesse e necessidade de aprender. Por isso, que deve ser considerado nos processos pedagógicos em artes desenvolvidos com eles, assim como nos documentos/legislações que regem a Educação Básica no Estado do Tocantins os seus saberes e experiências construídos ao longo de suas vidas. Palavras-chave: Arte. Educação de Jovens e Adultos. Educação Básica. Tocantins. AbstractThe history of the democratization of education brings with it a struggle by the working class of young and adults people to make education more accessible and free to all. Thus, with the 1988 Federal Constitution, the right to equality, to education, and the universalization of education influenced the public policies creation aimed at the development of teaching in Brazilian education. Its main objective is to understand how Art and Youth and Adult Education (YAE) are conceived in the official documents of Basic Education and YAE in the State of Tocantins, Brazil. This research follows the qualitative, descriptive and documental approach. The subject of Art is not well delineated in the years of Basic Education of this state, since, although the documents analyzed confirm the importance of this area for the knowledge production, they do not make clear if this subject will occur in the entire Elementary and High School Education, including in institutions that have YAE. It is possible to say, therefore, that young people and adults go to school not out of obligation, but because they have an interest and need to learn. That is why their knowledge and experiences built throughout their lives must be considered in the pedagogical processes in arts developed with them, as well as in the documents/legislations that govern basic education in the state of Tocantins. Keywords: Art. Youth and Adult Education. Basic Education. Tocantins.


2020 ◽  
Vol 30 (4) ◽  
pp. 613-633
Author(s):  
ALI KARIMI

AbstractPublic opinion is formed by the information that the public consumes. The state, whether democratic or authoritarian, employs various media of communication to influence people's opinions and behaviours. In the nineteenth century, Afghan rulers would traditionally use force and religion to gain popular support and strengthen their authority. In the second half of the century, they started to use print technology to build their relationships with the public. The state's print, however, had to compete with the institution of the bazaar that had long served as the central place where information circulated in public. This article, drawing mostly on unexamined Afghan sources, offers an account of how the bazaar operated as a source of information and how the Afghan state tried to suppress it. The history of this information conflict uncovers new aspects in the troublesome relationship between the government and the governed in Afghanistan.


Author(s):  
Olga Mykhailоvna Ivanitskaya

The article is devoted to issues of ensuring transparency and ac- countability of authorities in the conditions of participatory democracy (democ- racy of participation). It is argued that the public should be guaranteed not only the right for access to information but also the prerequisites for expanding its par- ticipation in state governance. These prerequisites include: the adoption of clearly measurable macroeconomic and social goals and the provision of control of the processes of their compliance with the government by citizens of the country; ex- tension of the circle of subjects of legislative initiative due to realization of such rights by citizens and their groups; legislative definition of the forms of citizens’ participation in making publicly significant decisions, design of relevant orders and procedures, in particular participation in local referendum; outlining methods and procedures for taking into account social thought when making socially im- portant decisions. The need to disclose information about resources that are used by authorities to realize the goals is proved as well as key performance indicators that can be monitored by every citizen; the efforts made by governments of coun- tries to achieve these goals. It was noted that transparency in the conditions of representative democracy in its worst forms in a society where ignorance of the thought of society and its individual members is ignored does not in fact fulfill its main task — to establish an effective dialogue between the authorities and so- ciety. There is a distortion of the essence of transparency: instead of being heard, society is being asked to be informed — and passively accept the facts presented as due. In fact, transparency and accountability in this case are not instruments for the achievement of democracy in public administration, but by the form of a tacit agreement between the subjects of power and people, where the latter passes the participation of an “informed observer”.


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