Freedom

2021 ◽  
pp. 131-163
Author(s):  
Neil Richards
Keyword(s):  
Political Power ◽  
Social Issues ◽  
The State ◽  
Political Freedom ◽  
Power Dynamic ◽  
Private Party ◽  
Political Beliefs ◽  
Big Brother

Privacy can nurture our ability to develop political beliefs, identities, and expression, and is thus an essential source of political power for citizens against the state. Privacy enables political freedom, letting us act as self-governing citizens, and it is hard to envision a functioning democracy without privacy. Many discussions of privacy and political freedom rely on Orwell’s metaphor of Big Brother, but that image is incomplete because it fails to include private-party surveillance. Surveillance of any kind, whether government or private, raises two particular dangers. First, surveillance threatens the intellectual privacy we need to make up our minds about political and social issues; being watched when we think, read, and communicate can cause us not to experiment with new, controversial, or deviant ideas. Second, surveillance changes the power dynamic between the watcher and the watched; the power surveillance gives to watchers creates risks of blackmail, discrimination, and coercive persuasion.

Oxford Studies in Political Philosophy, Volume 3

2017 ◽  
Keyword(s):  
Political Philosophy ◽  
Social Issues ◽  
Just War Theory ◽  
The State ◽  
State Legitimacy ◽  
Ex Post ◽  
Personal Morality ◽  
George Sher ◽  
Parent Child Relationships ◽  
David Enoch

This volume features ten papers in political philosophy, addressing a range of central topics and represent cutting-edge work in the field. Papers in the first part look at equality and justice: Keith Hyams examines the contribution of ex ante equality to ex post fairness; Elizabeth Anderson looks at equality from a political economy perspective; Serena Olsaretti’s paper studies liberal equality and the moral status of parent–child relationships; and George Sher investigates doing justice to desert. In the second part, papers address questions of state legitimacy: Ralf Bader explores counterfactual justifications of the state; David Enoch examines political philosophy and epistemology; and Seth Lazar and Laura Valentini look at proxy battles in just war theory. The final three papers cover social issues that are not easily understood in terms of personal morality, yet which need not centrally involve the state: the moral neglect of negligence (Seana Valentine Shiffrin), the case for collective pensions (Michael Otsuka); and authority and harm (Jonathan Parry).

The Doctrinal Basis of The Rights of Company Shareholders

1998 ◽  
Vol 57 (3) ◽  
pp. 554-588 ◽  
Author(s):  
Ross Grantham
Keyword(s):  
Political Power ◽  
The State ◽  
Company Law ◽  
Corporate Form ◽  
Moral Force ◽  
The Law ◽  
Normative Implications

THE concept of ownership is a complex, powerful and controversial idea. In law it explains, justifies and gives moral force to a host of rights and duties as well as serving to legitimate the allocation of wealth and privilege. The influence of this idea is, furthermore, everywhere embodied in the law. In company law, legal and economic conceptions have both rested on and have been shaped by the normative implications of ownership. Historically, ownership was the principal explanation and justification for the central role of shareholders in corporate affairs. As owners, shareholders were entitled to control the management of the company and to the exclusive benefit of the company's activities. Ownership also served to legitimate the corporate form itself. So long as it was owned by individuals the economic and political power of the company was both benign and a bulwark against the intrusion of the state.

Understanding the Adoption of Voter Identification Laws in the American States

2017 ◽  
Vol 45 (4) ◽  
pp. 560-588 ◽  
Author(s):  
Daniel R. Biggers ◽  
Michael J. Hanmer
Keyword(s):  
Event History Analysis ◽  
Political Power ◽  
The State ◽  
Event History ◽  
Federal Legislation ◽  
The Past ◽  
Voter Identification ◽  
Extensive Analysis ◽  
American States ◽  
History Analysis

Recently, many states have reversed the decades-long trend of facilitating ballot access by enacting a wave of laws requesting or requiring identification from registrants before they vote. Identification laws, however, are not an entirely new phenomenon. We offer new theoretical insights regarding how changes in political power influence the adoption of identification laws. In the most extensive analysis to date, we use event history analysis to examine why states adopted a range of identification laws over the past several decades. We consistently find that the propensity to adopt is greatest when control of the governor’s office and legislature switches to Republicans (relationships not previously identified), and that this likelihood increases further as the size of Black and Latino populations in the state expands. We also find that federal legislation in the form of the Help America Vote Act seems to enhance the effects of switches in partisan control.

Going Out or Opting Out? Capital, Political Vulnerability, and the State in China’s Outward Investment

2021 ◽  
Author(s):  
Meg Rithmire
Keyword(s):  
Political Power ◽  
Authoritarian Regimes ◽  
The State ◽  
Opting Out ◽  
Political Status ◽  
Domestic Capital ◽  
Domestic Regulation ◽  
Over Time ◽  
Business Relations

How do state-business relations interact with outward investment in authoritarian regimes? This article focuses on the importance of domestic political status and specifically business’ vulnerability to the state in explaining the dynamics of China’s outward investments. I present three types of domestic capital whose economic and political logics differ as they go abroad: tactical capital pursues political power and prestige, competitive capital pursues commercial goals, and crony capital seeks refuge from the state and asset expatriation. The Chinese regime’s approach to outward investment, which I characterize as mobilization campaigns adjusted over time and combined with targeted domestic regulation, endeavors to treat these different kinds of capital differently, deploying and disciplining tactical capital, enabling competitive capital, and constraining crony capital.

APPLICATION OF THE RULE OF LAW IN JUDICIAL PRACTICE

2017 ◽  
Author(s):  
Lyudmyla Bogachova ◽  
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Social Relations ◽  
Political Power ◽  
Early Stage ◽  
The State ◽  
Broad Sense ◽  
Constitutional Court ◽  
The Rule Of Law ◽  
Judicial Practice

The article defines the concept of the principle of the rule of law both in the narrow and broad sense. In the narrow sense, the principle of the rule of law is understood as the rule of law over legislation, and in the broad sense - as the rule of law over the state, state arbitrariness. Different approaches to disclosing the content of the principle of the rule of law in national and European legal doctrines are systematized. The lack of a single generally accepted concept of the principle of "rule of law" is emphasized. The decisions of the European Court of Human Rights are analyzed; attention is focused on their interpretation of the rule of law. The realization of the principle of the rule of law, primarily presupposes the domination of inalienable and inviolable human rights and freedoms over the political power of the state, and also requires quality laws and observance of the principle of legal certainty. The interpretation of the principle of the rule of law in the decisions of the Constitutional Court of Ukraine is considered. The CCU emphasizes that the rule of law is first and foremost the "rule of law in society"; characterizes the principle, linking it to the ideas of social justice, freedom and equality, without which it is impossible to imagine true human development and existence. The Constitutional Court calls justice as one of the basic principles of law, which is crucial in defining it as a regulator of social relations, one of the universal dimensions of law. Examples of application of the rule of law in the practice of the Supreme Court of Ukraine are given. Judges not only make a formal reference to the rule of law, but also try to analyze and disclose the content of its constituent elements (requirements) within a specific legal case. The main problems that hinder the effective implementation and realization of the rule of law in judicial practice are identified, namely - the lack of proper regulation and official interpretation; low quality of laws and legislative process; excessive number of conflicting laws; low level of legal awareness and legal culture of Ukrainian society, and early stage of civil society development in Ukraine. It is concluded that the rule of law is a principle whose main content is expressed in the following aspects: ensuring the rule of law over political power; subordination of state institutions to the needs of human rights protection and ensuring their implementation; priority of these rights over all other values of democratic, social, and legal state; preventing the manifestation of arbitrariness of state power, as well as ensuring compliance with the requirements of justice.

scholarly journals Turkey’s Hybrid Competitive Authoritarian Regime; A Genuine Product of Anatolia’s Middle Class

2016 ◽  
Vol 4 (2) ◽  
pp. 201 ◽  
Author(s):  
Nikolaos Stelgias
Keyword(s):  
New York ◽  
Middle Class ◽  
Political Power ◽  
Political Competition ◽  
Civil Liberties ◽  
Authoritarian Regime ◽  
The State ◽  
Economic Relations ◽  
Universal Suffrage ◽  
Hybrid Regime

Few years since the 9/11 Attacks in New York and following its rise to power, the AKP has gradually established a so-­called “competitive authoritarian regime,” in order to consolidate and secure its political power. This regime is hybrid and it is based on liberal principles (absence of tutelary authorities, protection of civil liberties, universal suffrage, free elections etc.). The AKP also provides for a reasonably fair level of political competition between the party in power (government) and the opposition. At the same time, however, the system shows some undemocratic features (violation of civil liberties, unfair elections, and uneven political competition.) This hybrid regime is based on three pillars: the state, the party and a newly emerged middle class in Anatolia. Through this hybrid regime Anatolia’s newly emerged middle class redefines its cultural and socio-­economic relations.

scholarly journals Social commissioning in the sphere of social services provision

2021 ◽  
Vol 66 ◽  
pp. 113-117
Author(s):  
M.O. Buk
Keyword(s):  
Social Services ◽  
Social Order ◽  
Social Care ◽  
Social Issues ◽  
Public Procurement ◽  
The State ◽  
The Social ◽  
The Law ◽  
Definition Of ◽  
State Regional

This article is dedicated to the analysis of the essential hallmarks of social services procurement. The attention is focused on the absence of the unity of the scientists’ thoughts as for the definition of the term “social procurement”. It has been determined that in the foreign scientific literature the scientists to denote the term “social procurement” use the notions “social contracting”, “social order” and “social commissioning”, and they use these notions with slightly different meanings. Therefore, the notion “social procurement” is defined as: 1) activity of a country; 2) form of the state support; 3) complex of measures; 4) legal mechanism. The article has grounded the expediency of the definition of social procurement in the legal relations of social care as a special legal way to influence the behavior of the parties of the social care legal relations. The publication advocates the idea that social procurement is one of the conditions for the rise of the state and private sectors partnership. The state-private partnership in the legal relations regarding the provision of social services is proposed to be defined as cooperation between Ukraine, AR of Crimea, territorial communities represented by the competent state bodies, self-government bodies (authorized bodies in the sphere of social services provision) and legal entities, but for the state and municipal enterprises and establishments, and organizations (providers of social services) regarding the provision of social services, which is carried out on the basis of an agreement and under the procedure set by the Law of Ukraine “On Social Services” and other legal acts that regulate the social care legal relations. The article substantiates the thesis that the subject of the social procurement is social services and resolution of social issues of the state/regional/local levels in the aspect of the satisfaction of the needs of people/families for social services (state/regional/local programs of social services). It has been determined that the main forms of realization of the social procurement in the social care legal relations are public procurements of social services and financing of the state/regional/local programs of social services. The public procurement of social services is carried out under the procedure set by the Law of Ukraine “On  Public Procurement” taking into account the special features determined by the Law of Ukraine “On Social Services”. The social procurement in the form of financing of the state/regional/local programs of social services is decided upon the results of the tender announced by a client according to the plan for realization of the corresponding target program.

scholarly journals The Power of Political Cartoons: A Case Study of Zunar’s ‘Twit Twit Cincin’

2021 ◽  
Vol 37 (1) ◽  
pp. 146-180
Author(s):  
Roslina Abdul Latif ◽  
◽  
Sojoud Elgarrai ◽  
Keyword(s):  
Visual Rhetoric ◽  
Social Issues ◽  
Institutional Reform ◽  
The State ◽  
Political Cartoons ◽  
The Political ◽  
Works Of Art ◽  
The Way

The following study of selected works of art by Zulkiflee Anwar Haque or better known as Zunar, a Malaysian political cartoonist from his book ‘Twit Twit Cincin’. This study is guided by the visual rhetoric theory that has three areas of study - nature, function and evaluation. The study looks at selected cartoons that addressed political figures, politics and social issues. The research looked at the way the caricatures portrayed Malaysian politicians, his perspectives on the political and social issues and how these issues were addressed. The researcher also looked at metaphors used by the cartoonist to communicate his ideas to the audiences. The study found that Zunar’s portrait of Malaysian politicians is not always positive. He is critical but not in an inflammatory way. The metaphors found in Zunar’s work are found to be common themes and simple to understand. They are also very well-known, visually appealing and a tool to tie his messages together and to get his ideas across. Zunar has managed to resist the oppression of the state through his cartoons while looking at institutional reform, puts forth an alternative articulation of history and nation that juxtapose the current government. Keywords: Zunar, political cartoonist, political and social issues, Twit Twit Cincin, metaphors.

scholarly journals The Actuality of Some Principles and Ideas of Law Philosophy Issued by Mircea Djuvara

2018 ◽  
Vol 21 (35) ◽  
pp. 38-51
Author(s):  
Marţian Iovan
Keyword(s):  
European Union ◽  
Political Power ◽  
National Level ◽  
The State ◽  
The Political ◽  
Philosophy Of Law ◽  
State Institutions ◽  
The Law

Abstract The author analyzes in this paper principles and ides of philosophy of law issued by Mircea Djuvara, which preserve their contemporaneity, being useful for the perfecting of the state institutions and of the democracy not only at national level, but also at European Union one. His ideas and logical demonstration on the rational fundamentals of law, the autonomy of the moral and legal conscience, the specificity of truth and of juridical knowledge, the philosophical substantiation of power and Constitution, the principles of the democracy and the connections between the political power and the law are just few of the original elements due to which Djuvara became an acknowledged and respected personality not only in Romania, but also in the experts clubs of the Europe between the two World Wars.

scholarly journals God, volk en imperium in het Zuid-Nederlandse politieke discours van de vroege 17de eeuw

1970 ◽  
Vol 65 ◽  
pp. 195-208
Author(s):  
Lieven Boes
Keyword(s):  
Political Power ◽  
17Th Century ◽  
The State ◽  
Historical Knowledge

The ideas of the late humanists of the early 17th century, unlike those of their 15th and16th century predecessors, have received relatively little attention among modern dayscholars. Through Institutionum Politicarum Libri Quatuor (1623), a work by the handof Nicolaus Vernulaeus (1583-1649), humanist and professor of Latin and rhetoric at theuniversity of Leuven, I will demonstrate that this lack of historical knowledge does notreflect a lack of interesting sources for this period. Vernulaeus holds highly originalideas about the state and political power. Using concepts such as people, religion andempire in often rather unconventional ways, his work develops an original conceptionof the respublica.

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