The Liberal State and Criminal Sanction

Author(s):  
Jonathan A. Jacobs

Current forms of incarceration in the U.S. and U.K. are morally problematic in ways that are antithetical to the values and principles of liberal democracy. While indicating those morally problematic features the book defends the basic political and legal culture of the U.S. and U.K. A significant remaking of the political order is not needed for the required reforms of incarceration to be made. Greater faithfulness to the values and principles of liberal democracy could be adequate for such reforms. It is crucial to make those reforms because of the ways prisoners are currently being harmed, rendering many of them incapable of reintegrating successfully into civil society. The liberal order makes a dynamic, pluralistic civil society possible, and participating in civil society gives people a reason to value the liberal order. That relation is weakened by penal practices that diminish the agential capacities of offenders and fail to respect them as members of society. The book explores the relation between criminal justice and justice more comprehensively understood, highlighting the distinctive elements of criminal justice. It explains the role of desert in criminal justice and why criminal justice needs to be distinguished from distributive justice. Criminal justice includes a retributivist conception of punishment, one in which desert, proportionality, and parsimony are centrally important. A retributivist conception of punishment most effectively respects the voluntariness and accountability of agents in ways well suited to a liberal political order. The account examines misinterpretations of retributivism and highlights weaknesses of consequentialist approaches to sanction.

Author(s):  
Jonathan A. Jacobs

This chapter is a recapitulation of the main claims and the notion that liberal democracy of the kind found in the U.S. and U.K. has the intellectual and moral resources for the most important reforms needed in criminal justice. We do not need to remake the political order but we do need to reform policies, attitudes, and norms.


Author(s):  
Jonathan A. Jacobs

The main elements of the book are described in this chapter. They are first, some of the basic respects in which the U.S. and U.K. are liberal democracies and what that implies regarding important aspects of criminal justice. Second, serious moral defects of current carceral practice are highlighted but it is argued that those are not attributable to integral features of a liberal state. In fact, conceptual and normative resources for addressing those defects can be found among the principles and values of a liberal political order.


Modern Italy ◽  
2011 ◽  
Vol 16 (4) ◽  
pp. 449-459
Author(s):  
John Pollard

This article analyses the parallels between the role played by the Church, first during the Crisis of the Liberal State in the early twentieth century and then during the transition from the Christian Democratic regime to the ‘bi-polar’ Second Republic more than 70 years later. It explores both the particular, contingent forces at work in each, and the underlying explanations as to why the Church was able to successfully exploit these two processes of transition in the political history of Italy to its advantage. It concludes by arguing that the experience of these two crises demonstrates that the Church is not only a powerful force in Italian civil society but also effectively ‘a state within a state’ in relation to the functioning of Italy's political structures.


2021 ◽  

The current political debates about climate change or the coronavirus pandemic reveal the fundamental controversial nature of expertise in politics and society. The contributions in this volume analyse various facets, actors and dynamics of the current conflicts about knowledge and expertise. In addition to examining the contradictions of expertise in politics, the book discusses the political consequences of its controversial nature, the forms and extent of policy advice, expert conflicts in civil society and culture, and the global dimension of expertise. This special issue also contains a forum including reflections on the role of expertise during the coronavirus pandemic. The volume includes perspectives from sociology, political theory, political science and law.


Author(s):  
Dilshodabonu O‘rolova

Мазкур тезисда оммавий ахборот воситаларининг ёшлар сиёсий ҳамда ҳуқуқий маданиятини оширишдаги ўрни аниқланган. Ёшлар орасида ижтимоий сўровномалар ўтказилган ва аввалги сўровномалар натижалари билан таққосланган. Масс-медианинг бу борадаги ролини янада кучайтириш борасида таклифлар берилган.


Author(s):  
Yuriy Kyrychenko ◽  
Hanna Davlyetova

The article examines the role of political parties in modern state-building processes in Ukraine. The place of political parties in the political and legal system of society is determined. The general directions of overcoming problematic situations of activity of political parties in Ukraine are offered. It is noted that political parties play an important role in the organization and exercise of political power, act as a kind of mediator between civil society and public authorities, influence the formation of public opinion and the position of citizens directly involved in elections to public authorities and local governments. It is determined that in a modern democratic society, political parties carry out their activities in the following areas: the work of representatives of political parties in public authorities and local governments; participation in elections of state authorities and local self-government bodies; promoting the formation and expression of political will of citizens, which involves promoting the formation and development of their political legal consciousness. These areas of political parties determine their role and importance in a modern democratic society, which determines the practical need to improve their activities and improve the national legislation of Ukraine in the field of political parties. Political parties are one of the basic institutions of modern society, they actively influence the ac-tivities of public authorities, economic and social processes taking place in the state and so on. It is through political parties that the people participate in the management of public affairs. Expressing the interest of different social communities, they become a link between the state and civil society. The people have the opportunity to delegate their powers to political parties, which achieves the ability of the people to control political power in several ways, which at the same time through competition of state political institutions and political parties contributes to increasing their responsibility to the people. It is noted that the political science literature has more than 200 definitions of political parties. And approaches to the definition of this term significantly depend on the general context in which this issue was studied by the researcher. It was emphasized that today in Ukraine there are important issues related to the activities of political parties. First of all, it is a significant number of registered political parties that are incapable, ie their political activity is conducted formally or not at all. According to official data from the Department of State Registration and Notary of the Ministry of Justice of Ukraine, 352 political parties are registered, of which 48 political parties do not actually function. The reason for the liquidation of such parties is not to nominate their candidates for the election of the President of Ukraine and People's Deputies of Ukraine for 10 years. According to this indicator, Ukraine ranks first among other European countries. Thus, 73 political parties are officially registered in Latvia, 38 in Lithuania, 45 in Moldova, 124 in Romania, and 56 in Slovakia. However, despite the large number of officially registered political parties in Ukraine, public confidence in their activities is low. It is concluded that political parties occupy a special place in the political and legal system of society and play an important role in the organization and exercise of political power, as well as a kind of mediator between civil society and public authorities. The general directions of overcoming problematic situations of activity of political parties in Ukraine are offered, namely: introduction of effective and impartial control over activity of political parties; creating conditions for reducing the number of political parties, encouraging their unification; establishment of effective and efficient sanctions for violation of the requirements of the current legislation of Ukraine by political parties.


Author(s):  
Serhii O. Komnatnyi ◽  
Oleg S. Sheremet ◽  
Viacheslav E. Suslykov ◽  
Kateryna S. Lisova ◽  
Stepan D. Svorak

The article deals with the mechanism of impact of sociopsychological phenomena such as the national character and the political mentality in the construction and functioning of civil society. It aims to show the impact of climate, religion, and the perception of happiness on the state of civil society through details of a national nature. The main research method is to compare data from global research on the state of civil society with data from climatic conditions, dominant religions, and happiness indices. The article proves coincidently that these factors are reflected in such essential characteristics of civil society as "openness" and "closed-mindedness". The interaction between the national character and the construction of civil society has two stages. It is concluded that the results obtained are important to evaluate the prospects for the construction and development of civil society in different countries and regions of the world. Further research in this direction involves the study of other aspects of the impact of national character and political mindset on the functioning of civil society.


Author(s):  
Nataliia Onishchenko

The article is devoted to the value-communicative potential of modern legal science in building a mature, active civil society. In particular, the role of legal science in establishing the general discussion between man, civil society and the state is emphasized. A separate vector of consideration is the coverage of the role of legal science in modern law-making processes: increasing the role of legal culture, legal consciousness, overcoming the phenomena of legal nihilism and legal pessimism, as well as the importance of civic education in modern democratic processes.


Journalism ◽  
2016 ◽  
Vol 18 (10) ◽  
pp. 1346-1363 ◽  
Author(s):  
Jen Birks

This article examines the use of personal narratives in two tabloid newspaper campaigns against a controversial welfare reform popularly known as the ‘bedroom tax’. It aims first to evaluate whether the personal narratives operate as political testimony to challenge government accounts of welfare reform and dominant stereotypes of benefits claimants, and second to assess the potential for and limits to progressive advocacy in popular journalism. The study uses content analysis of 473 articles over the course of a year in the Daily Mirror and Sunday People newspapers, and qualitative analysis of a sub-set of 113 articles to analyse the extent to which the campaign articles extrapolated from the personal to the general, and the role of ‘victim–witnesses’ in articulating their own subjectivity and political agency. The analysis indicates that both newspapers allowed affected individuals to express their own subjectivity to challenge stereotypes, but it was civil society organisations and opinion columnists who most explicitly extrapolated from the personal to the political. Collectively organised benefits claimants were rarely quoted, and there was some evidence of ventriloquisation of the editorial voice in the political criticisms of victim–witnesses. However, a campaigning columnist in the Mirror more actively empowered some of those affected to speak directly to politicians. This indicates the value of campaigning journalism when it is truly engaged in solidarity with those affected, rather than instrumentalising victim–witnesses to further the newspapers’ campaign goals.


Author(s):  
Iana V. Shchetinskaia ◽  

Research institutions and specifically think tanks have existed and developed in the United States for more than 100 years. Since their inception, they have changed and evolved in many ways, while expanding their research foci and political impact. Since the 2010s, a few experts in the field have observed that the U.S. policy expertise is now in crisis. To understand current challenges of policy analysis institutions it is important to study them in a historical retrospective. This article explores the political and socioeconomic contexts in which think tanks emerged and developed from 1910 to the 1950-s. It particularly examines the role of international crises, as well as domestic political factors, such as the role of philanthropy organizations, institutional changes in the government, and others. It discusses how these domestic and foreign policy aspects affected the early development of the Carnegie Endowment for the International Peace (1910), the Council on Foreign Relations (1921) and the RAND Corporation (1948).


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