Reasons for State Action

2021 ◽  
pp. 35-54
Author(s):  
Nicholas Hatzis
Keyword(s):  
Public Reason ◽  
Practical Reasoning ◽  
Worth Living ◽  
State Action ◽  
A Value ◽  
State Coercion ◽  
The Government ◽  
Offensive Speech

The claim that the government ought to prohibit offensive speech is a form of practical reasoning. It tells us what an agent has reason to do under certain circumstances. The first part of the chapter explores in more detail the structure of that claim and the underlying idea that respect for religious feelings is a value which is realized when insults are censored. The second part explores the types of reasons which can be legitimately invoked to justify the exercise of state coercion. We expect restrictions of liberty to be based on reasons which all citizens can be expected to accept, regardless of their own view about what kind of life is worth living (i.e. a public reason requirement). The fact that an act is incompatible with the teachings of a religion is never an adequate reason for its prohibition. After discussing different versions of public reason theory, I suggest that even those which allow for some reliance on religious justifications cannot support the use of coercion against speakers who hurt their listeners’ religious feelings.

Taking Stock

2018 ◽  
Author(s):  
Jonathan Dancy
Keyword(s):  
Moral Reasoning ◽  
Practical Reasoning ◽  
Practical Reasons ◽  
A Value ◽  
Theoretical Reasoning ◽  
Similar Explanation

This chapter considers some general issues about the nature of the account that is emerging. It asks whether moral reasoning should have been treated as it was in Chapter 5. It also askes whether an explanation of practical reasons by appeal to value could be mirrored by a similar explanation of theoretical reasoning if one thinks of truth as a value. One might also think of the probability of a belief as a respect in which it is of value. The chapter ends by introducing the idea of a focalist account, and maintains that the account offered of practical reasoning is focalist.

scholarly journals Gst impact on the e-commerce sector: an overview

2017 ◽  
Vol 7 (2) ◽  
pp. 245-249
Author(s):  
VIJAYA KUMAR K ◽  
JABIMOL C. MAITHEEN
Keyword(s):  
Value Added ◽  
Retail Sector ◽  
Tax Rates ◽  
Value Added Tax ◽  
Indian Government ◽  
Tax Base ◽  
Indian Economy ◽  
A Value ◽  
The Government ◽  
Retail Entrepreneurs

The success of the e-commerce sector is largely dependent on the increasingnumber of retail entrepreneurs, who fall in the unorganized retail sector category. Thegovernment has included such players in the ambit of GST with an intention of broadeningthe tax base and has introduced specific provisions for the e-commerce companies. This isone of the major taxation reforms in Indian taxation system.GST is to set to integrate all stateeconomies and increase the overall growth of the country.GST will create unified market andboost the Indian economy. The Goods and Service Tax (GST) is a value added tax to beimplemented in India.. There are 3 kinds of taxes under GST: 1) SGST 2) CGST 3) IGST.The GST tax rates are divided into 5 categories which are 0%, 5%, 12%, 18%, 20%.Implementation of GST is one of the best decision taken by the Indian Government. Thesuccess of the e-commerce sector is largely dependent on the increasing number of retailentrepreneurs, who fall in the unorganized retail sector category. The government hasintroduced such players in the ambit of GST with the intension of broadening the tax baseand has introduced specific provisions for the e-commerce companies. This paper focuses onthe concept of GST and their impact on E-Commerce

scholarly journals Corruption Crime Eradication by Corruption Eradication Commission Through Red-handed Catch Operation on Bribery Action

2021 ◽  
Vol 13 (2) ◽  
pp. 319-329
Author(s):  
Kamaluddin Abbas
Keyword(s):  
Subject Matter ◽  
Action Control ◽  
The State ◽  
Financial Loss ◽  
Government Officials ◽  
The Public ◽  
A Value ◽  
The Subject ◽  
The Government ◽  
Fundamental Consideration

The government has made many laws and regulations, but corruption issues cannot yet be controlled. Police and Prosecuting Attorney Institutions have not yet functioned effectively and efficiently in eradicating corruption. Therefore, the public hopes Komisi Pemberantasan Korupsi (KPK)/the Corruption Eradication Commission eliminates the crime. KPK is considerably appreciated by the public due to Operasi Tangkap Tangan (OTT)/Red-handed Catch Operation to many government officials involved in bribery action, but the subject matter thereof is whether the OTT is in line with the fundamental consideration of KPK founding pursuant to Law Number 30 of 2002 as updated by the Law Number 19 of 2019 in order to increase the eradication of corruption crime causing the state's financial loss with respect to people welfare particularly KPK powers pursuant to the provision of Article 11 thereof, among others, specifying that KPK shall be authorized to conduct inquiry, investigation and prosecution on corruption crime related to the state financial loss of at least Rp 1,000,000,000 but in fact many OTTs performed by KPK have a value of hundred million Rupiah only and even there are any cases below Rp 100,000,000.-, and bribery action control through OTT being more dominant if compared to the state's financial corruption is not in line with the primary consideration of KPK founding, and similarly the OTT below 1 billion Rupiah doesn't conform to the provision of Article 11 thereof.

scholarly journals Constitution and Modernization of Legislation: Proceedings of the XV International School of Young Legal Scholars (Moscow, May 27 – June 5, 2020)

2020 ◽  
Author(s):  
A.Ya. Kapustin ◽  
I.I. Kucherov ◽  
S.A. Sinitsyn ◽  
A.I. Kovler ◽  
Yu.N. Kashevarova
Keyword(s):  
Russian Federation ◽  
Comparative Law ◽  
International School ◽  
International Union ◽  
A Value ◽  
The Russian Federation ◽  
The Government ◽  
Legal Understanding ◽  
First Time ◽  
Epidemiological Situation

Modern constitutional transformations, asserting a “value” legal understanding, actualize theoretical and practical problems of legislative regulation, serve as a prereq- uisite for rethinking the essence, role and significance of law in the life of society, and determine the formulation of a number of issues related, first of all, to the qualitative implementation of novelties. This collection reflects the diversity and depth of scientific discussions of the XV In- ternational school of young legal scholars on the topic “Constitution and modernization of legislation”, which was held by the Institute of legislation and comparative law under the Government of the Russian Federation in cooperation with the International Union of lawyers. In the context of a difficult epidemiological situation related to the spread of corona- virus infection, in order to protect the health of conference participants, the organizing Committee decided to hold the XV School remotely (by correspondence). For the first time, all its scientific events were held online. The participants had a unique opportunity to communicate with the direct developers of amendments to the Constitution of the Russian Federation, present their reports in a new format.

scholarly journals The Value of Local Wisdom in the Contextualization of Budgeting in Aceh

2019 ◽  
Vol 4 (1) ◽  
pp. 74
Author(s):  
Delfi Suganda ◽  
Teguh Murtazam
Keyword(s):  
Qualitative Research ◽  
Islamic Law ◽  
State Regulations ◽  
A Value ◽  
Aceh Province ◽  
Special Area ◽  
Broad Framework ◽  
The Government ◽  
Local Value

Aceh Province is a special area. Acts No. 11 of 2006 concerning theGovernment of Aceh provides freedom in terms of managing the government,especially regarding the implementation of Islamic law in Aceh. Islamic Shari’a isnot only understood as a rule that regulates education, but also about regulation ingovernment management in Aceh. One part of the government is about compilingregional spending in Aceh. This research is focused on budgeting which will becontextualized with Acehnese values, namely the local value of implementingIslamic law in Aceh. Priority indicators for a budget arrangement so that theyfulfill the requirements as ideal budgets according to Islam (Islamic budget ideal).In terms of substance, this research is classified into qualitative research, whichfocuses on the depth and sharpness of the study. So if more quantitative researchis on a broad, broad framework, the qualitative study is digging, swooping, anddeep. Islamic budgeting is a value that in this context wants to be included in thebudget in South Aceh. Based on the results of the study it was found that in terms ofthe determination of post-expenditure it is possible to include the values of IslamicShari’a. In this case the post expenditure is based on maqasid as-Syari’iyah. Interms of revenue, only zakat, shadaqah, and infaq are possible to be contextualized.As for ‘usyr, rikaz, etc., it is not possible because regional revenues from the fiscalside are regulated so rigid in state regulations  

scholarly journals Perfectionism and endorsement constraint

2021 ◽  
Vol 32 (1) ◽  
pp. 89-104
Author(s):  
Michal Sládecek
Keyword(s):  
Social Environment ◽  
Good Life ◽  
State Intervention ◽  
The Good Life ◽  
State Action ◽  
State Coercion ◽  
The Difference

The article deals with Hurka?s critique of Kymlicka and Arneson?s critique of Dworkin on endorsement constraint thesis, according to which a person cannot have a valuable life if values are imposed on her - primarily by state action - overriding her preferences and convictions on the good life. This thesis has often been identified with neutral liberalism and counterposed to perfectionism. The text argues against Hurka?s and Arneson?s argument that mild coercion and paternalistic reduction of trivial, bad or worthless options can indeed bring about a more valuable life. Their argument does not acknowledge adequately the difference between coercion from a person?s immediate social environment and state coercion, which are not equally legitimate. My critique, however, does not exclude the legitimacy of perfectionistic measures, as a person could accept as justified state intervention concerning the support of particular values or goods, while at the same time not endorsing those values and goods. Not all endorsed goods or activities should be treated equally, as more relevant and valuable ones can be legitimately supported by particular policy.

When Public Reason Falls Silent

2021 ◽  
pp. 161-193
Author(s):  
Brian Kogelmann ◽  
Stephen G. W. Stich
Keyword(s):  
Social Organization ◽  
Public Reason ◽  
Overwhelming Majority ◽  
Administrative State ◽  
State Action ◽  
Coercive State ◽  
Social Scientific ◽  
Ordinary Citizens

Public reason theorists argue that coercive state action must be justified to those subject to such action. Doing so requires citizens to give only those reasons that all can accept. These reasons, the chapter argues, include scientific and social scientific considerations. One ineliminable and arguably salutary property of the modern administrative state is that the coercive policies it produces can be justified only on the basis of extremely complex scientific and social scientific considerations. Many of these considerations are neither understood by most ordinary citizens nor agreed upon by experts. This means that the overwhelming majority of citizens do not accept the reasons justifying coercive administrative policies. As a result, public reason is inconsistent with the administrative state. There are deep implications to this result: if public reason is inconsistent with the administrative state, then it is also inconsistent with forms of social organization that presuppose it. This, the chapter argues, includes egalitarianism, which many proponents of public reason also endorse. Public reason theorists thus must choose: justification through public reason, or distributive equality?

History and the Current State of Elementary Education in India

2019 ◽  
pp. 1-65 ◽  
Author(s):  
Florian Matthey-Prakash
Keyword(s):  
Elementary Education ◽  
Education System ◽  
Quality Education ◽  
Current Status ◽  
State Action ◽  
Government Education ◽  
Education In India ◽  
The Government ◽  
Poor Children

Chapter 1 gives an overview of the history and current status of the education system in India. It identifies parts of the society whom Article 21A is primarily aimed at, and what the most pressing issues to be addressed in the field of primary and lower secondary education are. It is quite clear that those who might profit from having a right to education are those who do not have the means to already afford quality education for themselves by obtaining it from the private market and who are, therefore, dependent on some form of state action. Strangely, it will be shown, even after years of education being a fundamental right, decent-quality education is still not seen as a ‘public good’ that the state ought to provide for free but something that is supposed to be obtained from the market, with the government education system being considered as something ‘meant for (very) poor children’.

The Nature of Offence

2021 ◽  
pp. 7-34
Author(s):  
Nicholas Hatzis
Keyword(s):  
Free Speech ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Special Problem ◽  
Free Expression ◽  
Way Of Life ◽  
Narrow Definition ◽  
State Coercion ◽  
Definition Of ◽  
Offensive Speech

The experience of suffering offence relates to a constellation of unpleasant feelings stirred up when one’s expectations of being treated in a certain way are frustrated. This chapter explores how the nature of offence matters for the way the law responds to offensive conduct. Prohibiting speech which offends poses a special problem because it clashes with the free speech principle, i.e. the idea that there is something particularly important in being allowed to speak our minds, which sets free expression apart from a general liberty claim to choose a way of life. It is suggested that when deciding what should count as properly offensive for the purpose of exercising state coercion, only a very narrow definition of offensive speech is compatible with the values underlying freedom of expression. Then, offensive speech is distinguished from hate speech. As the two are morally different, it is inappropriate to borrow arguments from the hate speech debate to justify restrictions on offensive speech.

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