scholarly journals The Citizen and the State: A Paradoxical Relation

2019 ◽  
pp. 103-136
Author(s):  
Chris Thornhill
Keyword(s):  
The State ◽  
Legal Norm ◽  
Democratic Participation ◽  
Institution Building ◽  
Functional Level ◽  
Legal Norms ◽  
Social Attachment ◽  
Nation States ◽  
National Citizenship ◽  
Institutional Construction

This article argues that modern states and modern societies were formed through the construction of citizenship as a pattern of social attachment, membership and legal norm formation. Citizenship originally developed as a principle that removed feudal legal orders from society, and it underpinned the processes of territorial unification, institution building, centralized integration and democratic participation that characterize modern nation states and national societies. However, the article argues that, both at the functional level and at the normative level, the trajectories contained in national citizenship were not fully realized within national societies, defined by national legal orders. It was only as a system of global legal norms emerged outside national societies, shaping inner-societal patterns of and institutional construction and norm formation, that the basic potentials of national citizenship were fully realized.

scholarly journals A legal norm: general theoretical characteristic

2021 ◽  
pp. 51-68
Author(s):  
S. V. Pryima
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
General Rule ◽  
The State ◽  
Legal Norm ◽  
Theoretical Research ◽  
General Character ◽  
Legal Norms ◽  
Special Area ◽  
Theory Of Law

The article carries out a general theoretical research of the legal norms. It is emphasized that a legal norm is one of the key concepts of the theory of law, and the importance of a detailed study of the problems of legal norms is due primarily to the fact that the law has such feature as normativity. It is noted that the issue of regulating the behavior of subjects through the legal norms is especially relevant in the legal field, because the fulfillment of the requirements of these rules depends on the state of order of public relations, that is law and order. A legal norm is defined as a fixed in the sources of law binding general rule, which determines the standard of obligatory or permitted behavior or the consequences of its violation in the field of crucial social relations, the effective action of which is ensured by the state. The features of legal norms are considered in two aspects: 1) the features of legal norms that are common to the features of other social norms; 2) specific features of legal norms. The features of the first group include the following: the norms of law are the rules of behavior that regulate social relations and normalize social communication; are socially determined rules of behavior; ensure stability and order in society; are typical models of behavior; have a general character; are created and realized due to human will and mind; supported by remedies of influence (sanctions) in case of violation. The second group is formed by the following features: the norms of law are the primary, elementary components of law; they establish a standard of lawful behavior of a person and determine the consequences of its violation; regulate the special area of social relations, which are most important for the existence, development and functioning of society; have an official state-authoritative character; are binding, supported by the possibility of state coercion; have specific sources of expression. It is also emphasized that the norms of law are fixed in official sources not directly, but through a special form of its external expression – normative-law prescriptions, with which they relate as content and form. On this basis, a normative-law prescription is defined as a written, logically complete legal provision formulated by an authorized subject, which establishes a rule of behavior in a specific source of law and is a technical and legal remedy of formal expression of a legal norm.

scholarly journals CORRUPTIBILITY OF LEGAL RULES:

2019 ◽  
Vol 8 (6) ◽  
Author(s):  
Tuyana Ch. Sharakshinova ◽  
Ravia F. Stepanenko
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
The State ◽  
Legal Norm ◽  
Legal Norms ◽  
Legal Rules ◽  
State Coercion ◽  
The Russian Federation ◽  
The Government ◽  
Corrupt Behavior

The article considers the problem of corruptibility of legal rules. The author proceeds from the fact that some legal norms stimulate illegal corrupt behavior of participants in public relations. The task is to explain how corruptibility affects the generally recognized properties of the legal rules. The author describes the distortion of such properties of a “healthy” legal norm as formal certainty, general obligatoriness, systemic interconnection and provision with the state coercion power. We analyzed the “Methodology for conducting anti-corruption expertise of regulatory legal acts and draft regulatory legal acts” approved by the Government of the Russian Federation. We established the correspondence of corruptibility factors given in the Methodology to negative modifications of the properties of a “healthy” legal norm. We specifically considered various aspects of systematicity in the context of the concept of corruptibility. We revealed the interdependence of the properties of a corruptogenic norm. It is concluded that the primary textual uncertainty creates uncertainty in the consequences, destinations and systemic relationships of the corruptogenic norm, which is eliminated in the course of interaction between the corrupt person and the corrupt official. The corruptogenic norm, while not being essentially legal, continues to be provided by the state coercion power and remains connected with other norms and institutions that are part of the legal system until it is identified as corruptogenic, distorting their meaning and adoption purpose

Capital and Capitalism

2018 ◽  
Author(s):  
Sumit K. Majumdar
Keyword(s):  
Industrial Policy ◽  
Economic Activity ◽  
The State ◽  
Industrial Society ◽  
Institution Building ◽  
Modern Industrial Society ◽  
Role Of The State ◽  
Laws And Regulations

The chapter summarizes the nature of capital and capitalism. The chapter also highlights concepts related to the role of the State in economic activity, and the nature of industrial policy. The initial concepts dealt with are that of capital as a fund, capital as structure and capital as capabilities. Capitalism necessitates socially organizing production. Assessing organizational and administrative contingencies is important for understanding capitalism. Institutions are the bedrock of capitalism. The broad roles of Government, in designing laws and regulations, building infrastructure and acting as entrepreneur, are discussed. The implementation of national industrial strategies facilitates growth. The nature of industrial strategies is highlighted. Industrial policy activities, as defined by the three facets of institutions, innovation and involvement, are discussed. With respect to India’s industrial strategy, independent India’s founders’ visions of a modern industrial society, grounded in a need to involve Government in institution building, are introduced.

The Political Economy of Post-Independence India—A Review Article

1989 ◽  
Vol 48 (4) ◽  
pp. 787-797 ◽  
Author(s):  
Akhil Gupta
Keyword(s):  
Political Economy ◽  
Central Government ◽  
Organizational Structures ◽  
The State ◽  
The Political ◽  
Newly Industrialized Countries ◽  
The Past ◽  
Nation States ◽  
Balance Of Forces ◽  
The Third World

Economists and political scientists have become increasingly interested in the political economy of India during the past decade and particularly during the past three or four years. The titles under review will be valuable not only to India specialists but also to comparative scholars because of the intriguing mix of conditions found in India. More like a continent than a country in its diversity, India is in some ways very similar to densely populated, predominantly rural and agricultural China, differing most perhaps in the obstinacy and depth of its poverty. In the predominant role played by the state within an essentially capitalist economy, it is closer to the model of Western social democracies than it is to either prominently ideological capitalist or socialist nation-states; like other countries in the “third world,” the state in India plays a highly interventionist developmental role. Finally, since Independence it has pursued, more successfully than most nation-states in Latin America and Asia, policies of importsubstituting industrialization and relative autarchy. In terms of its political structures, India differs from most newly industrialized countries (NICs) in that it generally continues to function as a parliamentary democracy. The federal political system creates an intriguing balance of forces between central and the regional state governments, which are often ruled by opposition parties with agendas, ideologies, and organizational structures quite different from those of the central government.

scholarly journals The natural duty of justice in non-ideal circumstances: On the moral demands of institution building and reform

2017 ◽  
Vol 20 (1) ◽  
pp. 45-66 ◽  
Author(s):  
Laura Valentini
Keyword(s):  
Distributive Justice ◽  
Political Theory ◽  
Status Quo ◽  
The State ◽  
Response Strategy ◽  
Macro Level ◽  
Institution Building ◽  
Institutional Agents ◽  
High Stakes ◽  
The Status

Principles of distributive justice bind macro-level institutional agents, like the state. But what does justice require in non-ideal circumstances, where institutional agents are unjust or do not exist in the first place? Many answer by invoking Rawls's natural duty ‘to further just arrangements not yet established’, treating it as a ‘normative bridge’ between institutional demands of distributive justice and individual responsibilities in non-ideal circumstances. I argue that this response strategy is unsuccessful. I show that the more unjust the status quo is due to non-compliance, the less demanding the natural duty of justice becomes. I conclude that, in non-ideal circumstances, the bulk of the normative work is done by another natural duty: that of beneficence. This conclusion has significant implications for how we conceptualize our political responsibilities in non-ideal circumstances, and cautions us against the tendency – common in contemporary political theory – to answer all high-stakes normative questions under the rubric of justice.

Institutional variations in practice of demand responsive approach: evidence from rural water supply in India

Water Policy ◽  
2014 ◽  
Vol 16 (4) ◽  
pp. 650-668 ◽  
Author(s):  
Satyapriya Rout
Keyword(s):  
Drinking Water ◽  
Water Supply ◽  
Rural Areas ◽  
The State ◽  
Indian Society ◽  
Institution Building ◽  
Rural Water Supply ◽  
Long Run ◽  
Rural Water ◽  
Village Communities

The paper reports the main findings of a study, designed to develop a better understanding of institutional variations in working with the demand responsive approach (DRA) in rural water supply in the state of Odisha in India. Data for the paper were collected from twelve village communities, where water is being supplied either through their community based institution or through the local government institution of the Gram Panchayat. The findings suggest that the two types of institutions performed differently in implementing the DRA. It depicted that the DRA under the broader rubric of institutional reforms in the water sector has failed to address the question of social inequality, and rather had reinforced and extended the already existing inequity of Indian society to access to safe and secure drinking water in rural areas. The study highlights that participation, cost recovery, full operation and management transfer may be an efficient proposition, but not sustainable in the long run without proper investment in institution building and support from the state, especially in provisioning of basic services like drinking water to rural poor.

DEFINITIONS OF CATEGORIES PURPOSE AND TASKS OF CRIMINAL PROCEEDINGS IN THE MODERN CRIMINAL PROCESS

2018 ◽  
Author(s):  
Svitlana Patiuк ◽  
Keyword(s):  
Criminal Procedure ◽  
The State ◽  
Modern Theory ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Legal Norms ◽  
State Changes ◽  
The Individual ◽  
Goals And Objectives ◽  
Functional Purpose

"Definitions of categories, the goal and objectives of criminal proceedings in modern criminal proceedings" analysed the legal norms and provisions of doctrinal concepts to determine the goals and objectives of criminal proceedings. The author formulated conclusions and generalizations that since criminal proceedings are a sphere of state activity, it depends on the direction of the political course of the state, changes in state policy, which always leads to a change in the ideology of the criminal process as a whole, including the transformation of goals and objectives criminal proceedings. The purpose and objectives of criminal proceedings depend on the historical form of the criminal process, a common feature of which is the ratio of freedom (interests) of the individual and the state, expressed in the procedural position of the main participants in the process. Criminal procedure legislation and doctrine define the resolution of a dispute (conflict) between the state and the accused arising as a result of the commission of a crime as the goal of the criminal process in most countries in which the adversarial nature of criminal proceedings prevails. As the goal of criminal proceedings in the modern theory of criminal procedure, it is proposed to consider the protection of the individual, society and the state from criminal offences in the settlement of criminal-legal conflicts arising as a result of these offences. The goal in the criminal process determines the setting of tasks and represents the ultimate conclusion from the sum of all the tasks being implemented. The task of criminal proceedings should be determined taking into account the functional purpose of the subjects of criminal proceedings, and therefore the task is the fulfilment of his duty by a participant in criminal proceedings, which is determined by his functional purpose, based on the principle of competition of the parties.

Ensuring the rights of refugees in case of bringing administrative responsibility as a guarantee of realization of their legal status in Ukraine

2021 ◽  
pp. 56-62
Author(s):  
Valeriia Golub
Keyword(s):  
Social Relations ◽  
Legal Status ◽  
The State ◽  
Main Body ◽  
Legal Norms ◽  
State Institutions ◽  
Legal Documents ◽  
Administrative Legislation ◽  
Political Persecution ◽  
Administrative Responsibility

Problem setting. One of the important factors that play a key role in the observance of human rights and freedoms, including such categories of foreign citizens and stateless persons as refugees in case of administrative prosecution - is the functioning of state institutions to guarantee these rights, the use of all. The decisive place in this problem belongs to the activities of the state of Ukraine, which in connection with the formation of social relations related to the stay of refugees on its territory, protection of this category of persons from political persecution , should ensure the adoption of relevant legal acts aimed primarily at the protection of rights and freedoms. administrative penalty. As a result, there are real risks of violating the rights and freedoms of the person to whom these penalties apply. Analysis of recent researches and publications. Problems of protection of rights and freedoms of refugees in case of bringing them to administrative responsibility were devoted to the work of such scientists as: V. Averyanov, O. Bandurka, O. Bezpalova, Yu. Bityak, O. Dzhafarova, A. Komzyuk, V. Komzyuk, D. Lukyanets, O. Muzychuk, D. Priymachenko, O.S. Pronevich ect. The purpose of the article is to investigate and analyze the importance of ensuring the rights of refugees in case of bringing them to administrative responsibility, to consider this issue as one of the guarantees of legal status of refugees in Ukraine. Article’s main body. The article considers the issue of observance of the rights and freedoms of this category of foreign citizens and stateless persons as refugees in case of committing offenses and bringing them to administrative responsibility. The issue of ensuring both international legal acts approved by the Verkhovna Rada of Ukraine and legal documents on behalf of the state of Ukraine gives grounds to believe that in case of involvement of this category of persons (if they are in Ukraine legally) to administrative responsibility, they have the same rights as citizens of Ukraine. Conclusions. The peculiarities of the relevant provisions of the administrative legislation of Ukraine on the peculiarities of bringing foreign citizens and stateless persons, including refugees to administrative responsibility, are analyzed. The significance of the ratio of observance of the rights and freedoms of refugees in case of bringing to administrative responsibility and necessity of non-alternative fulfillment of requirements of legal norms of the current administrative legislation of Ukraine is determined.

scholarly journals The modern law-making process: structure and main problems

2021 ◽  
Vol 39 (69) ◽  
pp. 605-614
Author(s):  
Mikhail B. Rumyantsev ◽  
Vladislav Yu. Turanin ◽  
Sergey Yu. Sumenkov ◽  
Marina G. Smirnova ◽  
Esita E. Ganaeva
Keyword(s):  
Standard Setting ◽  
The State ◽  
Dialectical Method ◽  
Legal Norms ◽  
State And Society ◽  
Process Structure ◽  
Theoretical Foundations ◽  
Law Making ◽  
Main Factor

Through the dialectical method the objective of the article was to analyze the process of the elaboration of modern laws, considering their structure and main problems. There is a major structure and problems inherent in the modern law-making process described in the article. The structure of law-making comprises four parts: 1. Cognitive-analytical part; 2. Theoretical foundations of the legal norms and acts they dictate; 3. Validation of legal act or norm; 4. Monitoring of relevant rules and legal acts. The main legislative task is to draft legal norms that stimulate the active development of all parts of the State and society through a deep perception of all related processes, including those involving standard-setting. It is concluded that the main factor affecting the quality of legislation is the lack of a uniform legislative basis for the issuance of legal acts. There seems to be a real need to develop a uniform legislative act on the law-making process. The Code containing general and specific parts of each law must be developed.

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