State of Stateless People

The Rohingya ◽  
2020 ◽  
pp. 83-109
Author(s):  
Nasir Uddin
Keyword(s):  
The State ◽  
Border Crossing ◽  
Sharp Contrast ◽  
Illegal Migration ◽  
Nation States ◽  
Legal Implications ◽  
Border Crossers ◽  
The Individual ◽  
The Right ◽  
National Framework

Chapter 4 examines the state of stateless people who are born in one state but live in another, neither of which recognizes them as full citizens. This practice is in sharp contrast with the individual right to citizenship. In an era characterized by people’s increasing mobility, while moving across borders is becoming a universal right, albeit slowly, legal implications of the individual right to citizenship require that globally, citizenship should not be limited within territorial boundaries and nation states. The individual right to citizenship instead could even be de-territorialized and seen in a post-national framework, where border crossers could have the right to citizenship. This may open roads to resolving many looming issues of illegal migration, refugee conflicts, and complexities of interstate border crossing. This chapter particularly discusses the plight of Rohingyas living in the borderland of Myanmar and Bangladesh both as non-citizens and refugees beneath the complex notions of citizenship.

THE VALUE OF LOVE IN THE SYSTEM OF FORMATION OF THE PROFESSIONAL MATURITY OF THE EDUCATOR

2020 ◽  
Vol 1 (10(79)) ◽  
pp. 12-18
Author(s):  
G. Bubyreva
Keyword(s):  
Russian Federation ◽  
The State ◽  
Educational Process ◽  
Wide Range ◽  
The Family ◽  
The Russian Federation ◽  
The Government ◽  
The Individual ◽  
The Right

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].

Reflections on the existence of the science of criminal law

2021 ◽  
pp. 156-161
Author(s):  
I. Mytrofanov
Keyword(s):  
Social Justice ◽  
Public Relations ◽  
Criminal Law ◽  
The State ◽  
Crime And Punishment ◽  
Self Defense ◽  
Illegal Acts ◽  
The Subject ◽  
The Individual ◽  
The Right

The article states that today the issues of the role (purpose) of criminal law, the structure of criminal law knowledge remain debatable. And at this time, questions arise: whose interests are protected by criminal law, is it able to ensure social justice, including the proportionality of the responsibility of the individual and the state for criminally illegal actions? The purpose of the article is to comprehend the problems of criminal law knowledge about the phenomena that shape the purpose of criminal law as a fair regulator of public relations, aimed primarily at restoring social justice for the victim, suspect (accused), society and the state, the proportionality of punishment and states for criminally illegal acts. The concepts of “crime” and “punishment” are discussed in science. As a result, there is no increase in knowledge, but an increase in its volume due to new definitions of existing criminal law phenomena. It is stated that the science of criminal law has not been able to explain the need for the concept of criminal law, as the role and name of this area is leveled to the framework terminology, which currently contains the categories of crime and punishment. Sometimes it is not even unreasonable to think that criminal law as an independent and meaningful concept does not exist or has not yet appeared. There was a custom to characterize this right as something derived from the main and most important branches of law, the criminal law of the rules of subsidiary and ancillary nature. Scholars do not consider criminal law, for example, as the right to self-defense. Although the right to self-defense is paramount and must first be guaranteed to a person who is almost always left alone with the offender, it is the least represented in law, developed in practice and available to criminal law subjects. Today, for example, there are no clear rules for the necessary protection of property rights or human freedoms. It is concluded that the science of criminal law should develop knowledge that will reveal not only the content of the subject of this branch of law, but will focus it on new properties to determine the illegality of acts and their consequences, exclude the possibility of using its means by legal entities against each other.

scholarly journals Sharia Hisba and public lawsuit: An original study comparing Sharia and Libyan law

2021 ◽  
Vol 10 (1) ◽  
pp. 150
Author(s):  
Salem Salem Juber ◽  
Muhammad Awad Saker
Keyword(s):  
Original Study ◽  
The State ◽  
Public Order ◽  
Public Prosecution ◽  
The Public ◽  
Case System ◽  
Institutional System ◽  
The Individual ◽  
The Right ◽  
Coherent Body

The Sharia Hisba is an integrated Islamic system of pillars and construction whose theme is enjoining good and forbidding evil, and aims at stabilizing societies and the supremacy of virtue and high morals in it, and rejecting vice and bad morals from it. The legal public prosecution system is an accusatory system that seeks to safeguard the right of the state and the right of the individual to the public order to ensure a society free from apparent crimes, and a regular picture of the state and individuals is formed in a coherent body without chaos. The Hisba system is a symbiotic social system that moves through the community’s control of the community, while the public case system and its tools from the Public Prosecution and other institutions is a deterrent institutional system that moves in the light of the law and deals in accordance with its principles and limits.

scholarly journals Disputes Resolution

Sæculum ◽  
2019 ◽  
Vol 47 (1) ◽  
pp. 73-83
Author(s):  
Ionel Nariţa
Keyword(s):  
The State ◽  
Point Of View ◽  
Reference Mark ◽  
Objective Reference ◽  
The Individual ◽  
The Right

AbstractBy „dispute” we mean an argumentative dialog where each of the two parts state opposite theses. Two sentences can be contrary if they have similar reference, but incompatible predicates (SIP – sentences with incompatible predicates). Usually, the disputes are solved using force in different ways, but that does not mean that the winner is right and his thesis is true. Therefore, we cannot evaluate a thesis on the ground of its success, but we need a reference mark for that. According to the Sophist school, the individual is the only reference mark, so any SIP is equally justified. The absolutist point of view claims that there is an objective reference mark and, consequently, the truth is, at its turn, objective and unique. Finally, the relativist orientation rejects any objective reference mark, but the right thesis is not arbitrary, as the sophists thought, it is true relatively to the state of the evaluator to a given moment. It follows that, for any evaluator, at a moment of time, only one SIP is true.

The Politics of Paternalism

2015 ◽  
Author(s):  
Julian Le Grand ◽  
Bill New
Keyword(s):  
Well Being ◽  
The State ◽  
The Government ◽  
The Individual ◽  
The Right ◽  
Better Than

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.

The Circulation of Value in Civil Society and the State

Hegel's Value ◽  
2021 ◽  
pp. 222-275
Author(s):  
Dean Moyar
Keyword(s):  
Civil Society ◽  
Living Organism ◽  
The State ◽  
Executive Power ◽  
System P ◽  
Full Structure ◽  
The Government ◽  
The Individual ◽  
The Right

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.

scholarly journals An Integrated Approach to Redistribution: Issues of Policy, Economics and Information

2021 ◽  
Author(s):  
◽  
Mark Prebble
Keyword(s):  
New Zealand ◽  
Policy Development ◽  
Personal Information ◽  
Integrated Approach ◽  
Well Being ◽  
The State ◽  
Philosophical Foundations ◽  
The Government ◽  
The Individual ◽  
The Right

<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>

scholarly journals Legal aspects of technical assistance in urban landholding regularization provided for in the Brazilian Law 11888/2008 and its impact in the state of Paraíba, Brazil

2019 ◽  
Vol 10 (2) ◽  
pp. 20-32
Author(s):  
George Baracuhy Cruz Viana ◽  
Edson Ricardo Saleme
Keyword(s):  
Low Income ◽  
Technical Assistance ◽  
Legal Aspects ◽  
The State ◽  
Sustainable Environment ◽  
Role Of The State ◽  
Deductive Method ◽  
Low Income Families ◽  
The Individual ◽  
The Right

This paper analyzes the role of the state in its mission of ensuring the existence of sustainable cities with adequate housing and meeting the standards set by current legal dictates. For this purpose, firstly, the right to housing guaranteed by the current Constitution, in its article 6 caput, is assessed as one of the most basic needs of the individual, considered a fundamental right since 1948 by the Universal Declaration of Human Rights. This paper also investigates the guarantee of decent housing for the citizen is effective, as provided for in the City Statute, Law No. 10257, 2001, especially with the publication of Law n. 11.888 /2008, which guarantees free public assistance in the project and construction of social housing for low-income families. This rule regulates the hiring of professionals who, while preserving their urban legislation, ensure compliance with an adequately sustainable environment. This article will use the hypothetical-deductive method and the bibliographic research methodology.  

scholarly journals The Flow of Water Past the Seven Stones Lightvessel

1934 ◽  
Vol 19 (2) ◽  
pp. 921-930 ◽  
Author(s):  
J. N. Carruthers
Keyword(s):  
Wind Speed ◽  
Residual Current ◽  
The State ◽  
Entire Period ◽  
Northern Half ◽  
The Individual ◽  
The Right ◽  
Western Half ◽  
Eastern Half

A brief reference to the state of opinion concerning the water movements off S.W. England is made. Then a series of Drift Indicator records relating to 28 days of observation at 6 fathoms depth from the Seven Stones Lightvessel is presented and discussed. An overall flow of water towards the S.E. quadrant and of speed approaching 2 miles per day characterised the entire period. The residual current as worked out for the individual records, displayed considerable variation in speed and direction—setting as frequently towards the northern half of the compass as towards the southern, but more frequently towards the eastern half than towards the western half. There were pronounced changes in the wind speed and direction, and it appears as though the wind can drive the water at 6 fathoms depth towards a point to the right of its own direction, no matter from which of the four quadrants it blows.

Bringing Machiavelli and Kant Back in on Morality and World Politics

2019 ◽  
Vol 56 (4) ◽  
pp. 292-307
Author(s):  
Pavan Kumar
Keyword(s):  
Immanuel Kant ◽  
Categorical Imperative ◽  
World Politics ◽  
The State ◽  
Political Leaders ◽  
Human Capabilities ◽  
Ethical Problems ◽  
Perpetual Peace ◽  
The Individual ◽  
The Right

This article is an attempt to understand the idea of morality in two of the most influential philosophers Niccolo Machiavelli ( The Prince and Discourses) and Immanuel Kant ( Perpetual Peace and Metaphysical Elements of Justice). Machiavelli and Kant are chosen because both of them are the most cherished philosophers in their fields. Machiavelli’s name is associated with realism, and he got a bad name because of his alleged cruel advice to maintain the state. His name is equalled with cunningness, murder, treachery. On the other hand, Kant is the founding figure of idealism in politics. His focus on categorical imperative and human capabilities to attain the higher moral goals made him one of the most well-known philosophers on idealism. To understand the ethical problems of the day emphasis is given to the classic writings of scholars who have written extensively on morality, justice, state, power, human rights and individual freedom. This article is an attempt to answer the following questions: Is the state in itself a highest moral actor? Can there be an individual morality above the state? What should be the yardstick to judge an act—the act in itself or the outcome of the act? What are the duties and rights of the individual in domestic society and can there be a similarity of morality at the level of political leaders in international politics? The paper argues that both Machiavelli and Kant were dealing with different contexts and societies, and morality for them had different meanings. However, the end justifies the means dictum is not the right way to understand Machiavelli on morality.

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