Police Functions and Public Order

2016 ◽  
Author(s):  
Christopher J. Fuhrmann
Keyword(s):  
Roman Empire ◽  
Law Enforcement ◽  
Social Order ◽  
Early Republic ◽  
State Power ◽  
The State ◽  
Roman Law ◽  
Public Order ◽  
State Institutions ◽  
Self Help

This chapter surveys and analyses major trends in Roman law enforcement and approaches to public order. Chronological coverage runs from the early Republic through later Antiquity, but especially concentrates on the late Republic and early Principate. The overall focus is on society’s responses to perceived challenges to public order, and the state institutions which engaged in policing in Rome, Italy and the provinces of the Roman Empire. While non-institutional self-help was important, emperors, governors, city magistrates, and other power-holders frequently turned to institutional policing to counter crime and threats to social order or state power. Scrutinizing Roman attempts to reinforce public order highlights often overlooked ambitions of the Roman state.

Policing Rome

1984 ◽  
Vol 74 ◽  
pp. 20-29 ◽  
Author(s):  
Wilfried Nippel
Keyword(s):  
Nineteenth Century ◽  
Roman Empire ◽  
Law Enforcement ◽  
Fundamental Question ◽  
Roman History ◽  
Public Order ◽  
Fundamental Change ◽  
The Everyday ◽  
The One ◽  
Considerable Loss

One fundamental question is already implied in the use of the word ‘policing’. A glance at the scholarly literature shows that ‘policing’ is used in the context of Roman history with respect to the aediles and the tresviri capitales, or as an equivalent of magisterial coercitio; or it is applied to the vigiles, the cohortes urbanae or the cohortes praetoriae of the Principate as well as to the respective praefecti; and, of course, to the various controlling bodies and agents of the Later Roman Empire. This is at least partly due to the fact that the fundamental nineteenth-century works reflect a usage of ‘policing’ which oscillates between the description of a function, i.e. securing public order, on the one hand and the designation of a specialized agency to fulfil this function on the other hand. This is due to the fact that the establishment of a specialized law-enforcement apparatus only took place during the (eighteenth and) nineteenth century. The institutionalization of a professional police force represents a fundamental change in societal as well as individual attitudes towards and demand for public order. It may easily be overlooked that the indisputable gain in security and public order had to be paid for with a considerable loss of flexibility in the interaction between rulers and ruled (which was now mediated by a bureaucratic organization), and with an intensification of control and discipline in the everyday life of most members and strata of society.

A State Like Any Other? The Fourteenth-Century Papal Patrimony Through The Eyes of Roman Law Jurists

1991 ◽  
Vol 9 ◽  
pp. 245-260
Author(s):  
Joseph Canning
Keyword(s):  
Early Modern ◽  
Fourteenth Century ◽  
State Power ◽  
Uneven Development ◽  
The State ◽  
Roman Law ◽  
Modern State ◽  
True Nature ◽  
Early Stages ◽  
Human Institution

In the fourteenth century, and notably under Cardinal Albornoz, the papal patrimony began its uneven development into a form of early modern state. As Paolo Prodi has pointed out, these early stages, although interrupted by retrogression caused by the Great Schism, served as the foundations for the construction of the state of the Renaissance papacy. In reality, the popes exercised sovereignty in a state whose origin and nature were essentially temporal: to this extent their regnum was no different from those of secular monarchs. There was, however, a problem impeding the perception of the true nature of the growth of papal state power: a certain ambiguity hung over the papal lands in that the papacy justified its rule both by hierocratic arguments and by reference to grants of jurisdiction from emperors and kings. The spiritual office of the popes could obscure the fact of the kind of state of which they were the sovereign. In the works of the fourteenth-century Commentators on the Roman law, however, there gradually emerged a clear recognition of the direction which the papacy was taking: that the Patrimony of St Peter was no more and no less than a state created by human institution.

scholarly journals Legal bases of activity of law enforcement bodies in the field of security in border areas of Ukraine

2021 ◽  
pp. 93-96
Author(s):  
O.I. Nikitenko
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
The State ◽  
Global Changes ◽  
Law Enforcement Agencies ◽  
Internal Security ◽  
State Institutions ◽  
External Threats ◽  
Stage Of Development ◽  
Border Areas

This article is intended for the theoretical foundations of the strategy of security in the border areas of Ukraine by law enforcement agencies. Law enforcement agencies are existing in society and the state institutions and organizations that perform law enforcement and law enforcement functions whose main task is to ensure security in the border areas of Ukraine. At the current stage of development of Ukraine as a democratic social and legal state, taking into account the recent global changes in the world, the development of law enforcement agencies to ensure national and internal security from internal and external threats is one of the priorities of European policy. The choice of the population of Ukraine highlighted the problem of implementation of ratified agreements with the European Union, including the provisions of the European Charter in the field of security in the border areas of the state, as important components of the political and legal system of Ukraine. Ensuring state security, protection of the state border and protection in the border area of Ukraine in accordance with the Constitution of Ukraine is entrusted to military formations and law enforcement agencies of the state. The state pays special attention to improving the legislation in the field of administrative and legal regulation in the field of national and internal security of the state from internal and external threats. The formation of the scientific doctrine of the scientific order in Ukraine has its own difficult history. Maintaining and strengthening the rule of law in society in modern conditions, as a necessary prerequisite for the effective functioning of an extensive human rights mechanism with the participation of state institutions, law enforcement agencies, civil society require thorough doctrinal support.

Leaders and Their Goals

2020 ◽  
pp. 35-42
Author(s):  
Alasdair Roberts
Keyword(s):  
Human Rights ◽  
State Power ◽  
Large Degree ◽  
The State ◽  
State System ◽  
State Institutions ◽  
System A ◽  
General Terms ◽  
The People ◽  
Degree Of Control

This chapter focuses on state leaders and their goals. Within every state is a group of people who have a large degree of control over the way state power is exercised. They directly influence decisions about how goals are prioritized and pursued and ways in which institutions are constructed or renovated so that these decisions can be realized. These are the people who need advice on macro-level questions of public administration—that is, on big questions relating to the architecture of the state. These people can be called leaders or rulers. It is possible to describe, in general terms, the set of goals that leaders pursue. There is little doubt that survival in office should be counted within this set of likely goals. A second goal is to increase the power and legitimacy of state institutions within the territory claimed by the state. A third goal is the extension of power and legitimacy within the state system. A fourth goal is the increase of national prosperity. A fifth possible goal for leaders is the advancement of human rights.

scholarly journals Interaction between the state migration service and the national police – an important guarantee of human rights

2021 ◽  
pp. 29-38
Author(s):  
Valeriia Golub
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Migration Policy ◽  
The State ◽  
Public Order ◽  
Constitutional Rights ◽  
Joint Work ◽  
Law Enforcement Agencies ◽  
The Law ◽  
National Police

The study is devoted to the problem of the need to increase the efficiency of the law enforcement system of Ukraine, its institutions such as the State Migration Service of Ukraine and the National Police of Ukraine. The article considers one of the areas of intensification of the system of the Ministry of Internal Affairs - the organization of their interaction, namely: a comprehensive approach to the state to ensure the constitutional rights and freedoms of man and citizen in Ukraine, effective measures to ensure public order and public security. Emphasis is placed on the need to take further steps to strengthen the interaction between the National Police and the State Migration Service, study and use in this process the positive experience of the law enforcement system of Ukraine. Appropriate measures are proposed for more effective cooperation between the State Migration Service and the National Police in ensuring human rights and freedoms in Ukraine. Considering the experience of the results of joint activities of the SCSU and the NPU on the protection of constitutional human rights and freedoms in the Kharkiv region, the study provides sound proposals for further and more effective promotion of such forms of work. The article provides examples of practical results of joint work of the SCSU and NPU, which confirm the feasibility of establishing cooperation in the functioning of these law enforcement agencies. The situation in the country with the protection and realization of the rights of some categories of foreign citizens and stateless persons staying on the territory of Ukraine is also analyzed. The study examines the current situation in the country with the protection of refugee rights, highlights the factors that force society and government agencies that determine migration policy in Ukraine, to pay attention to this, to focus on the factors and consequences of these violations. Keywords: National Police of Ukraine, State Migration Service of Ukraine, interaction, law enforcement body, human rights, migrant, refugee, public safety, public order.

scholarly journals MIĘDZY KONIECZNOŚCIĄ A MOŻLIWOŚCIAMI – PRZEKSZTAŁCENIA W RESORCIE SPRAW WEWNĘTRZNYCH W OKRESIE TRANSFORMACJI USTROJOWEJ W POLSCE; ASPEKTY ORGANIZACYJNO-PRAWNE

2016 ◽  
Vol 11 (3) ◽  
pp. 221
Author(s):  
Piotr Majer
Keyword(s):  
Law Enforcement ◽  
The State ◽  
The Political ◽  
Public Order ◽  
Political Transformation ◽  
Political Transformations ◽  
Security Service ◽  
State Administration ◽  
Internal Affairs ◽  
State Protection

BETWEEN THE NECESSITY AND CAPABILITIES – TRANSFORMATIONS IN THE INTERNAL AFFAIRS DEPARTMENT DURING THE POLITICAL TRANSFORMATION; THE ORGANIZATIONAL AND LEGISLATIVE ASPECTS Summary The reconstruction of the Ministry of Internal Affairs was a very important task in the process of political transformations initiated in Poland in 1989. This postulate, made under the provisions of the statutory law, was materialised in 3 resolutions adopted by the Parliament on 6 April 1990. Pursuant to the provisions of those resolutions , the internal affairs minister was deprived of his law enforcement powers, becoming solely the supreme body of state administration implementing national policies in the area of state protection, security and public order. The above functions were transferred to the respective agencies reporting to the minister. In the successive resolutions adopted on 6 April 1990, the Parliament set forth the powers and organisational principles of two such agencies – the Police and the State Protection Office. The above began operations on 10 May 1990 when the said resolutions came into force. In the final part of the article, the author discusses the controversy surrounding the drafting of the above resolutions, including staff affairs relating to the winding up of the Security Service and the Citizens’ Militia.

Erosion of State Power, Corruption Control, and Fiscal Capacity

2021 ◽  
Author(s):  
Weijia Li ◽  
Gérard Roland ◽  
Yang Xie
Keyword(s):  
Roman Empire ◽  
State Power ◽  
General Assumption ◽  
The State ◽  
Historical Narratives ◽  
New Kingdom ◽  
Fiscal Capacity ◽  
Theoretical Results

Abstract We model how corruption erodes state power, i.e., the state’s ability to keep its apparatus under control in crises. Under a general assumption about fat-tailed risk of crisis, we show that given strong fiscal capacity, the head of the state will control local corruption at such a level that its power is secured; given weaker capacity, the state will over-tolerate corruption to retain officials, risking control in crises; moreover, a state may be trapped with too weak fiscal capacity, rampant corruption, and the state losing control in any real crisis, while having little incentive to invest in fiscal capacity. By developing historical narratives, we show that these theoretical results are consistent with experience from the Roman Empire, New Kingdom of Egypt, Ming China, and many other powerful states in history.

Introduction: Constitutionalism

2018 ◽  
Author(s):  
N. W. Barber
Keyword(s):  
State Power ◽  
The State ◽  
Constitutional Theory ◽  
Positive Dimension ◽  
State Institutions ◽  
The Creation

This chapter considers the nature of constitutionalism. It begins by examining accounts of constitutionalism that present the doctrine as a constraint on state power. These understandings of constitutionalism, negative constitutionalism, rest on accounts of the state that present that institution as a threat to its people, and constitutions as sets of rules that are imposed on, and constrain, the state, mitigating this danger. This understanding of constitutionalism misses an important aspect of the doctrine and rests on a misleading account of states and constitutions. Constitutionalism requires the creation of an effective and competent set of state institutions; it has a positive dimension. In contrast to negative constitutionalism, positive constitutionalism recognizes that the state exists to benefit its people, and the constitution is that set of rules that empowers and constructs state institutions. The account of constitutionalism provided in this chapter sets the agenda for the rest of the book. It locates constitutionalism within constitutional theory, and examines the connection between constitutionalism and the principles discussed in the following chapters.

Writing South African Legal History: A Prospectus

1989 ◽  
Vol 30 (2) ◽  
pp. 265-288 ◽  
Author(s):  
Martin Chanock
Keyword(s):  
South African ◽  
Legal System ◽  
Social Order ◽  
Legal History ◽  
African State ◽  
State Power ◽  
The State ◽  
The South ◽  
Post Colonial ◽  
Criminal Control

This article outlines the approach to the writing of South African legal history being taken in a book in progress on the South African legal system between 1902 and 1929. It suggests that legalism has been an important part of the political culture of South Africa and that, therefore, an understanding of legal history is necessary to a comprehension of the South African state. It offers a critique of the liberal notion of the rule of law as a defence against state power, arguing that in the South African context ideological and legitimising explanations of law should be de-emphasised in favour of an approach which emphasises the instrumental nature of law in relation to state power. Elements of the existing legal and historical literature are briefly reviewed.The basic orientation is to consider the South African legal system as essentially a post-colonial British system rather than one of ‘Roman-Dutch law’. The study is divided into four parts. The first looks at the making of the state between 1902 and 1910 and considers the role and meaning of courts, law and police in the nature of the state being constructed. The second discusses ‘social control’. It considers the ideological development of criminology and thought about crime: the nature of ‘common law’ crime and criminal law in an era of intensified industrialisation; the development of statutory criminal control over blacks; and the evolution of the criminalising of political opposition. The third part considers the dual system of civil law. It discusses the development of Roman-Dutch law in relation to the legal profession; and outlines the development of the regime of commercial law, in relation to contemporary class and political forces. It also examines the parallel unfolding of the regime of black law governing the marital and proprietal relations of blacks, and embodied in the Native Administration Act of 1927. The final segment describes the growth of the statutory regime and its use in the re-structuring of the social order. It suggests that the core of South African legalism is to be found in the emergence of government through the modern statutory form with its huge delegated powers of legislating and its wide administrative discretions.

Liberal Assumptions in Section 116 Cases and Implications for Religious Freedom

2018 ◽  
Vol 46 (1) ◽  
pp. 113-136 ◽  
Author(s):  
Alex Deagon
Keyword(s):  
Social Order ◽  
Religious Freedom ◽  
State Power ◽  
The State ◽  
High Court ◽  
Free Exercise ◽  
Sharp Distinction ◽  
Theoretical Assumptions ◽  
The Future ◽  
High Court Of Australia

It is well known that the ‘free exercise’ and ‘establishment’ clauses in Section 116 of the Australian Constitution have been interpreted narrowly by the High Court of Australia. However, there has been limited examination of theoretical assumptions or perspectives which may have consciously or unconsciously informed this interpretation. This article argues the High Court has adopted liberal assumptions about the nature of religion and its relationship to the state in the Section 116 cases. These liberal assumptions are a sharp distinction between ‘private’ religious and ‘public’ non-religious exercise, that religious freedom is subject to state determinations of what is required for neutrality between religions, and religious freedom is subject to state determinations of what is required for social order. The article proceeds to consider the implications of these assumptions for Section 116 cases in terms of a narrowing of religious freedom and a broadening of state power, and suggests awareness of these issues may produce a more nuanced approach to Section 116 in the future.

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