The Circulation of Value in Civil Society and the State

Hegel's Value ◽  
2021 ◽  
pp. 222-275
Author(s):  
Dean Moyar

This chapter utilizes the structure of life and valid inference to analyze the internal structure of Civil Society and the State as well as the relationship between the two institutional spheres. The chapter unpacks the passage from the Logic in which Hegel describes the State as a totality of inferences with the three terms of individuals, their needs, and the government. It is shown that the “system of needs” itself forms a quasi-living institutional system of estates centered on the division of labor. This system’s inadequacy motivates the role of the “police” and corporation as ethical agencies, forms of the Good, within Civil Society. While the move to the State overcomes the individualism of “needs,” the right of the individual remains in the dynamics of “settling one’s own account” in receiving from the State a return on one’s duty to the State. Hegel treats the State proper as a constitution consisting of three powers of government that form a totality of inferential relations that has the full structure of a living organism. The executive power is examined in detail as the particularizing element in the system.

2020 ◽  
Vol 1 (10(79)) ◽  
pp. 12-18
Author(s):  
G. Bubyreva

The existing legislation determines the education as "an integral and focused process of teaching and upbringing, which represents a socially important value and shall be implemented so as to meet the interests of the individual, the family, the society and the state". However, even in this part, the meaning of the notion ‘socially significant benefit is not specified and allows for a wide range of interpretation [2]. Yet the more inconcrete is the answer to the question – "who and how should determine the interests of the individual, the family and even the state?" The national doctrine of education in the Russian Federation, which determined the goals of teaching and upbringing, the ways to attain them by means of the state policy regulating the field of education, the target achievements of the development of the educational system for the period up to 2025, approved by the Decree of the Government of the Russian Federation of October 4, 2000 #751, was abrogated by the Decree of the Government of the Russian Federation of March 29, 2014 #245 [7]. The new doctrine has not been developed so far. The RAE Academician A.B. Khutorsky believes that the absence of the national doctrine of education presents a threat to national security and a violation of the right of citizens to quality education. Accordingly, the teacher has to solve the problem of achieving the harmony of interests of the individual, the family, the society and the government on their own, which, however, judging by the officially published results, is the task that exceeds the abilities of the participants of the educational process.  The particular concern about the results of the patriotic upbringing served as a basis for the legislative initiative of the RF President V. V. Putin, who introduced the project of an amendment to the Law of RF "About Education of the Russian Federation" to the State Duma in 2020, regarding the quality of patriotic upbringing [3]. Patriotism, considered by the President of RF V. V. Putin as the only possible idea to unite the nation is "THE FEELING OF LOVE OF THE MOTHERLAND" and the readiness for every sacrifice and heroic deed for the sake of the interests of your Motherland. However, the practicing educators experience shortfalls in efficient methodologies of patriotic upbringing, which should let them bring up citizens, loving their Motherland more than themselves. The article is dedicated to solution to this problem based on the Value-sense paradigm of upbringing educational dynasty of the Kurbatovs [15].


Author(s):  
Julian Le Grand ◽  
Bill New

This chapter examines the politics of paternalism. It first considers the question of whether the government can do better than the individual, outlining a set of justifications for government paternalism and showing how the state can intervene to improve the well-being of its citizens. It then discusses possible ways in which the government could be held to account to ensure that, in its paternalistic interventions aimed at improving its citizens' well-being, it does actually pursue the “right” agenda. It argues that the government can indeed raise the well-being of individuals who suffer from reasoning failure, even when allowance is made for possible reasoning failure among those individuals who constitute the government. However, democratic mechanisms must be put in place to ensure that the latter do not pursue their own agenda and turn the paternalistic state into an instrument of authoritarianism.


2018 ◽  
pp. 36-38
Author(s):  
M. S. Islam

Сivil society is a group of people excluded from the government and the army and providing a counterbalance and control of the state at the national and local levels in the country. In Bangladesh, since independence in 1971, civil society organizations have been successfully involved in social development, but they have been criticized not to be able promote democracy in Bangladesh because of their support for political parties. Therefore, it impedes strong opposition to corruption and non-democratic activities in the country. In this article, using the historical method, the author analyzes the features and role of civil society in Bangladesh.


2021 ◽  
Author(s):  
◽  
Mark Prebble

<p>This thesis considers how best to administer redistribution policies. It focuses particularly on the information needed to assess relative circumstances, the implications of the government collecting such information, and processes by which the appropriate information may be assembled and assessed. In New Zealand, as with many other OECD nations, the Government's redistribution policies are administered through a range of different agencies, with duplication in some areas and gaps in others. An integrated approach to redistribution systems may offer a means to improve equity and efficiency. Part One discusses the assessment of relative well-being, and adopts the choice set as the intellectual device for this purpose. The time period for the assessment of income is examined in detail, with the conclusion that a long period should be used except where the individual is constrained to operate under a short time horizon. A new concept of "bankability" is developed as a means of identifying those operating under such constraints. Part Two uses the philosophical foundations of the value of privacy to develop a new statement of the right to privacy, such that everyone should be protected against the requirement to divulge information, unless that information is the "business" of another party. A view on the business of the state depends on one's ideology of the state. Since it is generally accepted in New Zealand in the late twentieth century that the state has a role in redistribution, the state has some right to collect information for that purpose. However, the rights of the state are moderated by the existence of a common law tradition of respect for individuals. A set of criteria for evaluating redistribution systems is devised in Part Three. These criteria, which include consideration of the information to be collected, individual control over personal information, and administrative simplicity, are then used to identify significant weaknesses in the systems currently used in New Zealand. The main problems identified are the collection of inadequate information, duplication, and complex institutional structures; the main virtue of the current systems is that information provided is only used for the purpose for which it was provided. An alternative approach is outlined which would address the problems while retaining the current protection of privacy interests. This thesis is a mix of inter-disciplinary academic enquiry and policy development. Part One is an amalgam of economic and philosophical approaches, Part Two involves philosophy and politics, and Part Three applies the theoretical considerations to issues of public administration.</p>


2010 ◽  
Vol 43 (2) ◽  
pp. 457-467 ◽  
Author(s):  
Ruth Lapidoth ◽  
Ofra Friesel

In 2003 Israel adopted the Nationality and Entry into Israel (Provisional Measure) Law, 5763-2003. The Provisional Measure deals generally with entry into Israel; at first it dealt only with entry into Israel of residents of the West Bank and the Gaza Strip, and later it was extended also to nationals and residents of Iran, Iraq, Lebanon and Syria. It is particularly relevant for cases of unification of families and immigration for the purpose of marriage.The following article offers a short summary of the law as it has been amended in 2005 and 2007, as well as its interpretation by the government (since 2008) and then examines its conformity with international law. The Provisional Measure involves a clash between the right of the individual to marry the person of his choice and establish a family on the one hand, and the right of the state to regulate freely immigration and entry into its territory on the other hand. Since international law has not established a right to family unification nor to immigration for the purpose of marriage, the right of the state prevails in this matter. Yet, the Provisional Measure deviates from international law in a different aspect, as it leads to a de facto discrimination, mostly of Israeli Arabs. This discrimination is not permitted by the Convention for the Elimination of all Forms of Racial Discrimination, to which Israel is a party. It is recommended that Israel amends the law in order to bring it into conformity with international law.


2020 ◽  
Vol 11 (11) ◽  
pp. 258-264
Author(s):  
Chepulchenko T. О.

The article examines the modern concept of human rights as the universally accepted system of views and attitudes about the place and role of human rights in the society and the state. The list of human rights enshrined in these international instruments and the constitutions of many countries, was the result of a long historical development of samples and standards of human life and the entire community. It is emphasized that on the basis of a combination of natural and positivistic concepts of human rights and made possible the consolidation of fundamental freedoms in the constitutions of democratic States. The article focuses on the basic concepts of how to solve the problem of human rights and legal status of the individual which have developed in the history of legal theory and practice of various peoples: liberal (European) concept of human rights, collectivist, Islamic and traditionalist concept. It is emphasized that a decisive influence on the establishment of human rights made on the liberal conception of natural law doctrine, which established the priority of human rights, the new parameters of the relationship between the individual and the government. In the statement of the rights and freedoms of man played an important role in their ideological, doctrinal justification – the doctrine of natural human rights that do not depend on the discretion and arbitrariness of the government, and it is aimed at ensuring the rights defined by nature. Based on this doctrine and on the above mentioned international legal instruments, the new Constitution of Ukraine establishes a number of new rights, which were previously unknown or Constitution of the Soviet Ukraine nor the Ukrainian legislation: the right to life, right to dignity, the right to respect for private and family life, freedom of movement and free choice of residence, right to freedom of thought and speech, free expression of views and beliefs, and so on. Therefore, a new concept of the relationship between the Ukrainian state and the person with priority to the latter is brought to life, since the category of human rights operates solely in relations between man and power. Human rights are the limits of power. They define the sphere of human activity in which the power (the state) cannot interfere and the responsibilities which the state has for the human being. The article also discusses four generations of human rights, it is noted that in the XXI century. we can talk about the formation of the fourth generation of human rights, which is connected with the scientific discoveries in the field of microbiology, medicine, genetics and more. It is this generation that is at the center of intense debate precisely in terms of the naturalness of these phenomena and processes, from the standpoint of morality and worldview of a particular society, as well as based on the content of scientific doctrine. As a conclusion, the author writes that the legally enshrined legal position of a person has as its basis a liberal and natural-law concept, which stipulated as the primary principles freedom and inalienability, inalienability of human rights that belong to it from birth. Reference points are made in the relationship between the state and man - freedom, equality, the rule of law, the universality of human rights. And on these principles, principles, in addition to the actual scope of human rights and obligations, are exercised by these rights and freedoms. Keywords: constitution, concept of human rights, international legal act, human rights, natural law.


2003 ◽  
Vol 176 ◽  
pp. 1109-1110
Author(s):  
Yongping Wu

This is the first volume to introduce Taiwan's industrial growth both in the early years and in the recent period. The existing English and Chinese literature on post-war Taiwan economic history does not go beyond the mid-1980s. Despite studies of individual sectors and cases, a more general introduction about the economic adjustments since the late 1980s from a historical perspective has remained absent. Therefore, this volume to some extent can fill this gap in the literature. The book also uses some new materials about the policy process and the factors that influenced government industrial policy.However, there are a number of weaknesses in the book. The theme of the volume – the role of government in economic growth – is not new. Readers may be disappointed to find that the book does not provide any new accounts of this issue. The major argument made by the authors is that the industrial success in Taiwan can be attributed to the state's capability to continually adopt new development strategies in response to changing circumstances. Thus, this is another volume on the statist paradigm that holds that a capable state is responsible for industrial success. The account provided by the developmental state thesis, a dominant approach in the statist paradigm, is an institutional approach – that the right institutional arrangements enable the state to formulate and implement its industrial policy to govern the market (see, Robert Wade, Governing the Market (Princeton, 1990)). What is the book's explanation for the government being able to adopt the right development models in response to changing environments? Do the authors agree with the developmental state thesis's argument of a strong state with autonomy and capability, or do they develop a new account? Surprisingly, no answers are provided. But without such an explanation, the argument is based on a shaky foundation.


1974 ◽  
Vol 9 (4) ◽  
pp. 548-557 ◽  
Author(s):  
Itzhak Zamir

A few years ago a Supreme Court Justice remarked that in Israel the strike was a sacred tradition. Indeed it was. But now, it is more often regarded as a nuisance. This change of attitude has been reflected in the law.In this country, as in some other countries, the law concerning labour disputes has swung back and forth during the years like a pendulum: from severe restrictions under the Ottoman Empire, through de facto recognition during the British mandatory period, to a privileged status after the establishment of the State of Israel. True, even after the establishment of the State, the right to strike has not been expressly guaranteed by any statute. But in this respect, it is not different from other basic rights, such as the freedoms of expression or assembly, which are in the nature of common law rights. In fact, it fares better, since other rights are subject under various statutes to substantial restrictions. Only the right to strike was left virtually free from such legal restraints. One might be led to believe that to the socialist leaders of the country, most of whom rose to the Government from the ranks of the trade union movement, the right to strike was dearer than other civil liberties. During the first twenty years of the State, on the few occasions on which the legislature touched upon the right to strike, it only acted to protect it. Most conspicuous is the provision that a strike shall not be regarded as breach of a personal obligation on the part of the individual employee.


2021 ◽  
Vol 2 (2) ◽  
pp. 192-199
Author(s):  
Meila Riskia Fitri ◽  
Putri Rima Jauhari

In the history of social movements in Indonesia, civil society organisation (CSO) has taken an important role. Even since the colonial period in order to seize independence, up to this day in terms of filling the development. The global development agenda or Sustainable Development Goals (SDGs) require the role of various stakeholders, including civil society organizations and companies. The purpose of this research is to find out the form of collaboration between civil society and companies in the implementation of SDGs in Indonesia. The method used is library research. The results of this study show that Civil society Indonesia collaborates to ask the government as the person in charge of the State to implement transparent and accountable SDGs. The initiative is carried out by civil society in encouraging the role of various parties, including companies to actively participate in the implementation of SDGs in Indonesia. Among the initiatives carried out are encouraging multiparty cooperation, launching "Fiqh Zakat for SDGs", and building a multiparty platform. From the existing practices, it can be seen that there is a shifting pattern of the role of civil society, where previously faced with the State and the company, but today it is more towards collaborative work with two components in a Country.


2021 ◽  
Vol 16 (6) ◽  
pp. 46-57
Author(s):  
A. O. Strelnikov

The paper is devoted to the study of the institution of constitutional and legal responsibility of the Government before the Parliament in Russia at the present time. In connection with the implementation of the Constitutional Reform in 2020, the author notes that the legislator has taken the path of strengthening the role and importance of the Parliament in terms of monitoring the activities of the Government. Nevertheless, the main drawback of the current legislation is still the lack of real sanctions that the Russian Parliament can apply independently in relation to the Russian Government or its individual members. Therefore, the author proposes a number of new sanctions, as well as a number of measures aimed at improving the existing mechanisms for applying sanctions of constitutional responsibility. In particular, it is proposed to introduce the right of the State Duma of the Russian Federation to present its own nominees for vacant positions in the Government, the approval of which is under the authority of the State Duma of the Russian Federation, to enable the State Duma to independently release individual members of the Government from positions approved by it. In addition, it is proposed to improve the procedure for expressing a vote of no confidence in the Government by the State Duma, namely, to introduce the obligation of the President of the Russian Federation to dismiss the Government of the Russian Federation in the event that the State Duma re-expresses no confidence in the Government within three months. It is also proposed to increase the role of the Council of Federation of the Russian Federation by introducing the power of this body not only to consult with the President of the Russian Federation, but to approve the corresponding candidacies of federal ministers proposed to this body by the President of the Russian Federation. The author notes that the proposed improvement measures will increase the effectiveness of the implementation of a number of federal laws regulating the parliamentary responsibility of the Government of the Russian Federation.


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