Above the Law and Out for Justice

2021 ◽  
pp. 156-176
Author(s):  
Franco V. Trivigno
Keyword(s):  
The Law ◽  

Chapter 8 focusses on Statesman 291a1-297b4 and argues that, according to the Eleatic Visitor, the single criterion for right rule (orthē archē) is the wisdom or expertise of the statesman; thus it is entirely irrelevant to right rule whether the statesman rules without laws and by force. But he also says that judges and orators possess arts that are ‘precious and related to statecraft’ (303e9-10), suggesting that law and consent will be essential to the statesman’s governance. The solution to this puzzle hangs on an elaboration of the content and teleological structure of statecraft. This expertise aims at and achieves what is beneficial (most just) to the city, and it is for the statesman to decide when laws and consent are actually beneficial. Since laws and consent are tools that typically facilitate the goals of statecraft, they are ‘marks’ of right rule, even though neither is a criterion of right rule.

SOEPRA ◽  
2020 ◽  
Vol 6 (2) ◽  
pp. 4
Author(s):  
Liya Suwarni

Background. Cases of sexual violence increase every year, victims ranging from adolescents, children to toddlers. Based on data from the Indonesian Child Protection Commission, abuse and violence against children in Indonesia in 2013 were 23 cases, in 2014 there were 53 cases, in 2015 there were 133 cases, 2017 reached 1,337 cases, and as of July 2018 there were 424 cases. Purpose. Knowing the factors that influence the law enforcement process of sexy violence cases in Semarang City. Method This study uses descriptive analytical methods for cases of violence against children, based on medical record data in hospitals, documents in Mapolrestabes, the District Attorney's Office and the Semarang City Court for the period of January 2015 to December 2018. Results. Based on research results obtained 213 experimental cases section from medical record data in hospitals in the city of Semarang. Most cases of child abuse occurred in 2018 with 72 cases. Most victims are 12-14 years old age group, female. Most types of cases are cases of intercourse. The majority of violations are persons known as victims, perpetrators not working, and most of the places of occurrence are in the defendant's house. At the time of prosecution and trial, the number of cases was significantly reduced to only 8 cases. Factors related to this include lack of evidence, difficulty in obtaining information from victims, convoluted statements of coverage, lack of election, and obtaining diversion rates. Conclusion Cases of sexual violence have increased from year to year. The process of law enforcement on this problem still has many difficulties in each manufacturing process which is still difficult to overcome.


2019 ◽  
Vol 2 (1) ◽  
pp. 24-33
Author(s):  
Apen Diansyah

ABSTRAKPenelitian ini ditujukan untuk mengetahui penerapan denda terhadap pelanggar berlalu lintas di kota Bengkulu ditinjau dari Undang-undang Nomor 22 Tahun 2009, serta untuk mengetahui faktor penghambat dalam penerapan pidana denda terhadap pelanggar barlalu lintas di Kota Bengkulu. Penelitian dilaksanakan disatuan lalu lintas Polres dan Polda Kota Bengkulu. Adapun data yang didapatkan adalah data primer dan data sekunder melalui penelitian lapangan dan penelitian kepustakaan, kemudian data dianalisis dengan cara deskriptif. Peraturan yang tertera pada undang-undang yang tertera sepenuhnya untuk meningkatkan kesadaran untuk setiap pelanggar yang melakukan pelanggaran, tetapi pada kota Bengkulu undang-undang tersebut tidak sepenuhnya berjalan efektif. Menurut pandangan Undang-undang 22 Tahun 2009, penerapan pidana denda masuk dalam kategori pidana pokok (sesuai Pasal 10 KUHP) sebagai urutan terakhir atau keempat, sesudah pidana mati, pidana penjara dan pidana kurungan. Selain dari itu, faktor penghambat keefektifan Undang-undang seperti faktor ekonomi, faktor kedekatan emosional dan faktor kekebalan institusional.Kata kunci: tindak pidana; hukum pidana; dendaABSTRACTThis study aims to determine the application of violators from cities in Bengkulu in terms of Law Number 22 of 2009, and to find out the inhibiting factors in the application of fines to traffic violators in the city of Bengkulu. The research was carried out in the traffic city of the City Police of the City of Bengkulu. The data obtained are primary data and secondary data used for library research and research, then the data are analyzed descriptively. The regulations stated in the law that are fully stated to increase awareness for every offender who commits an offense, but in the city of Bengkulu the law is not fully effective. According to the view of Law 22 of 2009, the application of criminal fines falls into the main criminal category (according to Article 10 of the Criminal Code) as the last or fourth order, after the death penalty, imprisonment and imprisonment. Apart from that, factors inhibiting the effectiveness of the law such as economic factors, emotional proximity factors and institutional immune factors.Keywords: crime; criminal law; fines


Author(s):  
Sri Winarti ◽  
Yuni Ningsih

Gunung Anyar Tambak is one of the villages that is located adjacent to the UPN "Veteran" campus in East Java. Most (2/3) of the Gunung Anyar Tambak area is the pond area, which has the main yield is milkfish. Besides being sold in fresh form, milkfish from ponds from Gunung Anyar Tambak are also processed into a variety of processed products including shredded, crackers, soft thorns and milkfish “sapit”. Milkfish “Sapit” is a processed milkfish which is unique in its serving. The milkfish are clamped using bamboo stems and then processed using a choice of spices that make a distinctive taste in this dish. Processing by burning, causing a distinctive aroma that is not forgotten. Barokah is one of the community groups of “sapit” milkfish processing in RW I of Gunung Anyar Tambak Village which consists of 6 people. Chairman of UD. Barokan is Hj's. Khasibah, explained that most of the milkfish produced are only fulfilling orders from the surrounding area and orders from outside the city to be used as souvenirs typical of Surabaya. From observations and interviews it is known that the problem in processing milkfish is a very simple packaging that is a very thin plastic bag that is not closed. The second problem is that the packaging has no labeling at all, even though the label can identify the identity of the product in the package. The importance of labels on food products in addition to being the identity of the packaged product is also a communication between producers and consumers. Therefore a very absolute label must be given to the marketed food products. Training has been conducted on packaging and labeling milkfish “sapit” in UD. BAROKAH, Gunung Anyar Tambak, Surabaya. Before being packed with a vacuum packer, milkfish saplings are first dried in a cabinet dryer for 3 hours at 60°C. Labeling on milkfish packaging is in accordance with the law on food labeling on primary (plastic) and secondary (carton) packaging. In addition to providing training, our team also donates dryers and Vacuum Sealers.


1913 ◽  
Vol 13 (2) ◽  
pp. 91-110

The Kazan Society of Physicians for the Provision of Medical Aid to the Participants of the Health Insurance Funds Established on the Basis of the Law of June 23, 1912 "has the goal of providing medical assistance to the participants of the Health Insurance Fund established on the basis of the Law of June 23, 1912 in the city of Kazan and its environs.


2003 ◽  
Vol 4 (1) ◽  
pp. 72-80 ◽  
Author(s):  
Pranciškus Juškevičius

The article provides the analysis of the evolution of the planning principals and physical development of the City since 1988 when the state determined planning was mandatory, covering the period since the adoption of the Law on Territorial Planning up to the present date when the City operates in the market economy conditions. The controversy of the City planning and development is pointed out, as well as the necessity to liberalise and harmonise the process.


Skhid ◽  
2021 ◽  
Vol 2 (2) ◽  
pp. 18-25
Author(s):  
Vadym Korobka ◽  
Yulia Korobka

The article reveals the importance of administrative supervision over city self-governments in the Ekaterinoslav Province (1870-1913). Their social orientation has been established. Expenses provided a priority increase in expenditures on schooling and medi-cine, veterinary and sanitary units. State control institutions generally did not interfere with the budget policy of municipal self-government institutions and its humanitarian component, although misunderstandings sometimes arose.It has been revealed that the implementation of state control over public administrations in the Ekaterinoslav Province often faced the aspirations of self-government bodies in secondary issues of municipal organization which were incompatible with the law in the opinion of its hosts. Disputes arose mostly on the basis of different understandings of the rules of sale and purchase of goods, measures to regulate traffic on city streets etc.It has been confirmed that in exercising their powers in the field of control over the comp-liance with the law by city self-governments, state institutions of the provincial level some-times showed inappropriate competence in the field of interpretation of imperial legislation, which resulted in erroneous decisions. Certain decisions of public administrations of cities also sometimes violated imperial law and were subject to unconditional termination or revocation.It has been proved that the public administrations of the Province widely used the legally regulated opportunity to defend their decisions in the Senate. The specific Senate cases started in connection with the supervision over the legality of decisions of city self-governments and the provincial presence for the zemstvo and city affairs give the impression that they were considered on the basis of a qualified verification of compliance with imperial law.It has been established the administrative control was implemented slowly, and formula-tions of thoughts on appealing the decisions of the Provincial Presence were deprived of speed and efficiency. The provincial zemstvo sinned against evading operative decisions. At the same time, there was a dishonest delay in the circulation of documents in all parts of public administ¬ration and local self-government.


AJS Review ◽  
2017 ◽  
Vol 41 (1) ◽  
pp. 155-173
Author(s):  
Eliezer Hadad

Pericopes on the cities of refuge to which an unintentional manslayer may flee appear in the Pentateuch in two places: in Numbers 35 and Deuteronomy 19. This article demonstrates that the differences between these pericopes emerge from the differing internal logic of each text. In Numbers, the unintentional manslayer defiles the land where the Lord abides by spilling blood on it. In order to prevent the divine presence from departing, a manslayer must purge the land with his own blood. When the act was unintentional, the law commands removing the unintentional manslayer from the land, exiling him to a city of refuge until the land is purged by the death of the high priest. In Deuteronomy, an unwitting killer is untainted, and therefore anyone who kills him spills innocent blood. The Lord, watching from heaven, is concerned primarily with the human heart; if the killing was inadvertent, God considers the killer innocent. Therefore, the unwitting killer goes to the city of refuge to protect himself from the blood-avenger, only until the latter ceases to be a threat to his life.


2020 ◽  
pp. 99-146
Author(s):  
Abhishek Kaicker

In 1658, the emperor Aurangzeb began his long reign on the Mughal throne. This chapter shows how Aurangzeb’s vision of sovereignty diverged from that of his predecessors, in lessening the emphasis on the otherworldly gift of daulat and more on adherence with the law (sharīʿa). This process, which was accompanied by an increasing emphasis on Sunni piety at court and the broader development of a bureaucratic juridical infrastructure for the empire, was designed to subordinate the realm’s many Muslim communities into a unitary ‘Community of Muslims’ obedient to the emperor. But such interventions in Mughal society would also provoke a critical response, couched in the language of satire, and is apparent in the works of the poets Niʿmat Khan-i ʿAli and Mir Jaʿfar Zatalli, which are compared here. More broadly, this chapter argues, the forces of commercialization powered the circulation of the practices of satirical poetry between courtly assemblies and the wider world of the city, shaping an urban domain of public criticism that lay outside the control of imperial authority.


Author(s):  
Gustavo Procopio Furtado

This chapter discusses documentary approaches to subjects living in conditions of extreme marginalization. Though these subjects arguably suffer from social invisibility, becoming visible more often than not entails their capture in codes that lay beyond their control—such as the sensationalist narratives and stereotypes of the media or the incriminating gaze of institutions and representatives of the law. What are the possibilities and risks for documentary practices that, while aware of the dangers of the visible, insist on visualizing marginalized subjects? Focusing on Padilha’s Ônibus 174 (2002), Maria Augusta Ramos’ Justice (2004) and Behave! (2007), and Paulo Sacramento’s The Prisoner of the Iron Bars, Self-Portraits (2004), this chapter examines the strategies of films that locate their practice at sites where invisible subjects enter the purview of dominant society and reflect on cinema’s own forms of capture as well as on its possibilities for seeing otherwise.


2001 ◽  
Vol 18 (1) ◽  
pp. 146-175
Author(s):  
Hadley Arkes

The city of Cincinnati, we know, can be an engaging place, but federal judge Arthur Spiegel also found, in the mid-'90s, that it could be quite a vexing place. The city council of Cincinnati had passed what was called the Human Rights Ordinance of 1992, which barred virtually all species of discrimination—including discrimination on the basis of “Appalachian origin.” But the bill also encompassed a bar on discrimination based on “sexual orientation.” This kind of bill, in other places, had been turned into a club to be used against evangelical Christians who might refuse, on moral grounds, to rent space in their homes to gay or lesbian couples. And so a movement arose in Cincinnati, modeled on a similar movement in Colorado, to override the ordinance passed by the council: this would not be a referendum merely to repeal the law, but a move to amend the charter of the municipal government and remove, from the hands of the local legislature, the authority to pass bills of this kind. In effect, this was an attempt to override an ordinary statute by changing the constitution of the local government. The amendment did not seek to make homosexual acts the grounds for criminal prosecutions; it sought, rather, to bar any attempt to make gay and lesbian orientation the ground for special advantages, quotas, or preferential “minority status” in the law. The framers of the amendment objected to the tendency to treat gays and lesbians on the same plane as groups that have suffered discrimination based on race, religion, or gender. The proposal, known as Issue 3, drew wide support and passed in a referendum in 1993. It was, of course, challenged in the courts, which is why it found its way into the hands of Judge Spiegel.


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