“Deserve1093-4537S got [everything] to do with it”: Unforgiven, revenge, and the revival of the western

2017 ◽  
Vol 17 (2) ◽  
pp. 217-235 ◽  
Author(s):  
Justin A. Joyce
Keyword(s):  
Procedural Justice ◽  
Public Administration ◽  
19Th Century ◽  
Due Process ◽  
The Public ◽  
The Law ◽  
The Way

This essay weds conceptions of justice within Public Administration to the theme of revenge in the Hollywood Western, arguing that the revival of the genre in the 1990s reflects changes in the public conception of due process and equality before the law. The Western genre’s evolution is illustrative of the way definitions of justice are socially, contextually specific. Unforgiven illustrates this shift because the violence in the film symbolizes the vengeance culture so anathema to American notions of procedural justice and explores shifting conceptions of justice through a 19th century allegory of injustice, the heart of which is the treatment of a person as property. This fantasy of the violent resolution of conflict is examined against Public Administration's insistence upon resolving competing conceptions of the good through peaceful, deliberative modalities.

scholarly journals Criminal Liability and Crime and Punishment Proportionality in the Crime of Legal Entities

2016 ◽  
Vol 9 (6) ◽  
pp. 61
Author(s):  
Samira Soltani ◽  
Ahmad Ramazani
Keyword(s):  
Criminal Liability ◽  
Penal Code ◽  
Legal Person ◽  
The Public ◽  
Crime And Punishment ◽  
Economic Exclusion ◽  
The Law ◽  
Definition Of ◽  
Legal Entities ◽  
The Way

One of the innovations of Islamic Penal Code in 2013 was to accept criminal liability of legal entities. By accepting criminal liability of legal entities, the way to punish them is arisen. As a legal person cannot commit any crime, any punishments are not applicable to them. Accordingly, Article 20 of this Law enumerated a list of penalties applicable to legal persons and it was tried to use penalties in accordance with the legal entities to deal with them. Punishments such as dissolution, confiscation, cash fine, announcement of the judgment, Diyeh, social and economic exclusion; such as a ban on business activities, prohibition of the public invitation to raise capital and ban from drawing business documents listed in Article 20 and Article 14, are a set of punishments which relatively different from usual punishment for individuals. These penalties are relative diversity, but what is objectionable is that the details and conditions of implementation of each of these punishments are not clear. If legislator described the details exactly or provided the condition to require the adoption of The Executive Bylaw of the punishment, it would be better. Given that all the points and issues about penalties for legal persons are not stated in this law as well as ambiguities in the law for a comprehensive definition of legal person, the way to implement main and supplementary punishments, In this study it was tried to evaluate and criticize the legal entities penalties including main and supplementary ones and their grading.

scholarly journals The Certainty And Legal Protection To The Buyer's Auction Of The Mortgage Right Object On Online Auctions At The Service Of Wealth State Office And Auction (KPKNL)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 481
Author(s):  
Arif Budi Pamungkas ◽  
Djauhari Djauhari
Keyword(s):  
Research Method ◽  
Online Auctions ◽  
Legal Protection ◽  
Legal Certainty ◽  
Legal Research ◽  
The Public ◽  
State Office ◽  
The Law ◽  
The Right ◽  
The Way

An auction is an activity of selling of goods in public by means of a verbal-bid to get the higher price or to get lower prices and the price quote can be done in a closed and written. This is done by the way of collecting the prospective buyers of the auction led by officials of the auction. In this case, the intended auction was the sale of goods that are held publicly. The auction, according to the regulations of security right, is when the debtor made a breach, the holder of the security rights have the right to sell the security rights’ objects over its own power through a public auction as well as taking payment of account receivable from the sale proceeds. An auction is an alternative to the sale of an undertaken asset by way of inviting prospective buyers at a particular time and place in which the last highest bidder in writing or orally is determined as the winner. The author used socio-legal research as his research method. To meet the forth standards set by the law, the auction should be widely announced to the public, either through printed file, electronic or visual. A legal certainty as a basis which concerned with propriety and justice is very closely related to the principle of auction sales in another. As the formulation of the problem of the form of identification of the problem, namely how the legal protection of the auction buyers encountered the obstacles as well as the solution.Keywords: Auction; Legal Protection; Mortgage Right

Administrative Procedure and Judicial Review in Lithuania

2021 ◽  
pp. 69-71
Author(s):  
Agnė Andrijauskaitė
Keyword(s):  
European Union ◽  
Public Administration ◽  
Judicial Review ◽  
General Rule ◽  
The European Union ◽  
The Public ◽  
Administrative Procedure ◽  
The Law ◽  
Administrative Courts ◽  
Administrative Proceedings

This chapter reviews administrative procedure and judicial review in Lithuania. The introduction of administrative justice into the Lithuanian legal system happened against the backdrop of Lithuania's 'unflinching' desire to join the European Union and was meant to strengthen the protection of individual rights and administrative accountability. Two cornerstone acts in this regard, the Law on Public Administration and the Law on Administrative Proceedings (APA), were adopted in 1999. Administrative courts were also established in the same year. Article 3 (1) APA spells out the general rule that administrative courts settle disputes arising in the domain of the public administration. All the acts and measures excluded from the competence of administrative courts are listed in Article 18 APA, which establishes the so-called negative competence of administrative courts. Meanwhile, Article 91 (1) (3) APA provides that the impugned administrative decision may be quashed if 'essential procedural rules intended to ensure objective and reasonable adoption of an administrative decision were breached'.

Competences of Public Administration of the Slovak Republic in the Area of Defense

2020 ◽  
Vol 11 (2) ◽  
pp. 151-165
Author(s):  
Ryszard Szynowski
Keyword(s):  
Public Administration ◽  
Political Power ◽  
Slovak Republic ◽  
The State ◽  
Self Administration ◽  
The Public ◽  
Government Administration ◽  
The Law ◽  
The Government ◽  
The Many

In one of the many definitions of public administration it was stated that it is the fulfillment of individual and collective needs of citizens, resulting from the co-existence of people in society, realized by the state and its dependent organs. One of the needs of an individual is the need for safety. Ensuring the safety of citizens is realized by the public administration, due to its service to the society as an executive apparatus possessing a democratic mandate of political power, in service of the law created by said organs. A particular role in the area of defense belongs to authoritative administration, which performs tasks including reversing risks and removing dangers, including the realization of tasks and undertakings aimed at military preparation in case of war. The aim of the following article is to present the tasks and competences in the area of protecting the President, the government, government administration officials on duty and local self-administration of the Slovak Republic. Various methods have been used to reach the pre-determined goal, primarily the method of document investigation, which made it possible to gather, sort, describe and scientifically interpret the legal acts of the Slovak Republic regarding defensive matters.

scholarly journals Z problematyki zakazu reformationis in peius w postępowaniu sądowoadministracyjnym

2019 ◽  
pp. 123-157
Author(s):  
Agnieszka Ciesielska
Keyword(s):  
Legal Regulation ◽  
Administrative Authority ◽  
The Public ◽  
Diffi Cult ◽  
Legal Situation ◽  
The Law ◽  
Administrative Courts ◽  
Court Proceedings ◽  
The Way

The principle of prohibition of reformatio in peius is established in Article 134 § 2 of the Law on Proceedings Before Administrative Courts. According to this provision the administrative court is not allowed to issue a decision to the detriment of the complainant. A judgment adverse to the complainant can be exceptionally issued but only if the court fi nds a violation of the law resulting in the annulment of the challenged act or action. This principle is a procedural institution which ensures that the complainant’s situation will not deteriorate due to the decision of the administrative court. There are many interpretative doubts concerning the prohibition of reformatio in peius in the doctrine and the jurisdiction of the administrative courts. This is because administrative courts very rarely issue a decision on the merits. Decisions of administrative courts are basically of cassation nature. When the administrative court allows a complaint, the contested act is generally eliminated from the system of law and the case is returned for re-examination by the public administrative authority. It is therefore very diffi cult to determine the content of the prohibition of reformatio in peius in administrative court proceedings and in practice the prohibition of a change for the worse is not a real guarantee of the protection of the interests of the complainant. In the author’s opinion, the way of approaching the mechanism of application of the prohibition of reformatio in peius by the administrative courts needs to be changed. And yet, a signifi cant improvement in the eff ectiveness of the protection against the worsening of the complainant’s legal situation will only be possible through the introduction of a new legal regulation restricting the jurisdiction of public administrative authority, which will reconsider the case after the cassation judgment issued by the administrative court.

scholarly journals Information and Communication in Public Administration in the Context of Management Control Functioning in the Public Finance Sector in Poland

2016 ◽  
Vol 16 (2) ◽  
pp. 181-196
Author(s):  
Ambroży Mituś
Keyword(s):  
Public Finance ◽  
Public Administration ◽  
Public Information ◽  
Management Control ◽  
The Public ◽  
Essential Component ◽  
Proper System ◽  
Information And Communication ◽  
The Law ◽  
Types Of Information

Summary The aim of this article is to present the essence and significance of information and communication in public administration in the context of the management control. Broadly understood information in public administration allows both to control the activity of this administration and to make correct decisions and actions in order to perform public tasks effectively. Therefore, the existence of a proper system for sharing and exchanging information is an essential component of the management control, ensuring the execution of the tasks and objectives in a way that is consistent with the law, effective, efficient and timely. The article points to i.a. the types of information and means of communication that may be deemed effective or legally acceptable tools for conveying information and communicating in public information. In this context it should be emphasised that - in particular - sharing public information requires that a relevant form be retained and a proper sharing procedure be followed.

scholarly journals Legislation on Administrative Procedures: The German Experience

2021 ◽  
Vol 18 (2) ◽  
pp. 204-215
Author(s):  
A. D. Maile
Keyword(s):  
Public Administration ◽  
Legal Protection ◽  
Public Law ◽  
The Public ◽  
Administrative Procedure ◽  
Procedural Law ◽  
General Order ◽  
Administrative Procedures ◽  
Administrative Act ◽  
The Law

This article provides an overview of the main provisions of German administrative procedural law. It outlines in a systematic way the particularities of administrative procedures and the possibilities for a citizen to seek administrative remedy. The essence of the basic principles of administrative procedural law as well as the particularities of temporary legal protection and the possibilities for an extrajudicial appeal against an administrative act are explained to the reader. The Author points out that administrative proceedings in Germany are, in a broad sense, any decision-making activity of a public administration body. According to the German Administrative Procedure Act, an administrative procedure in the sense of the law is an externally imposed activity of the administrative authorities that is aimed at verifying the conditions, preparing and issuing an administrative act or entering into a public-law contract. At the same time, the activities of a public administration body are not bound by a specific form, unless there are specific rules on the form of procedure. It is stated that current German administrative law distinguishes between an administrative act and a general order. The latter is also an administrative act, the range of addressees, however, is wider. An administrative act according to the law is any order, decision or other authoritative action of an administrative body aimed at regulating a single case in the field of public law and having direct legal consequences of an external nature. A general order is an administrative act, which is addressed to a certain or defined by general features, or which concerns the public-law properties of a thing or the use of it by the public. The author notes that an administrative act must be specific in content, justified and announced to the participants in the proceedings. As long as the act has not been declared, it is invalid. An administrative act is valid from the moment it is announced, unless it itself provides otherwise. It continues in force until it is revoked, cancelled, terminated by a deadline or for any other reason specified in the law. Based on the analysis, it is concluded that the lack of a law on administrative procedures in Russia is a negative indicator of the modern Russian administrative legal system.

scholarly journals Modern paradigms for evaluation and measurement of public administration performance

2021 ◽  
pp. 126-134
Author(s):  
Tatiana Furculita ◽  
Keyword(s):  
Public Sector ◽  
Performance Measurement ◽  
Public Administration ◽  
Scientific Field ◽  
Public Institutions ◽  
The Public ◽  
Complex Problems ◽  
Public Sector Performance ◽  
Sector Performance ◽  
The Way

Performance measurement is a concept whose definition cannot be made precisely because it goes beyond the scope of a particular scientific field. In the public sector, performance is extremely difficult to identify, as no clear and concrete criteria are set to accurately reflect the purpose of the work of public institutions. The concern for measuring performance in public institutions has arisen as a result of the increasing difficulty of solving the increasingly complex problems that citizens face. The relevance of measuring performance in PA is provided by the way in which this process influences the entire activity of an organization, in all internal managerial directions.

scholarly journals Sądowa kontrola decyzji organów podatkowych w sprawach ulg w spłacie zobowiązań podatkowych opartych na uznaniu administracyjnym

2021 ◽  
Vol 30 (4) ◽  
pp. 441
Author(s):  
Andrzej Niezgoda
Keyword(s):  
Public Administration ◽  
Judicial Review ◽  
Case Law ◽  
Point Of View ◽  
Administrative Discretion ◽  
The Public ◽  
Procedural Law ◽  
Tax Relief ◽  
The Law ◽  
Administrative Courts

<p>The article is of a scientific-research nature. The author discusses the problem of limits of judicial review of discretionary decisions made by taxation authorities, which aim at applying relief in payments of tax liabilities under Polish regulations and case-law of administrative courts. It may be noted that despite the issue of administrative discretion being discussed in the academic literature, the question of limits of judicial review in the practice of administrative courts still raises doubts. It is therefore reasonable to undertake the analysis of the main views formulated in the literature and the case-law of administrative courts addressing this problem, from the point of view of the limits of judicial review of discretionary decisions. The thesis of the article is that the nature of discretionary decisions on relief in payment of tax liabilities, determined by the function of administrative discretion, and, at the same time, the criteria set out in the law for judicial review of public administration, limit the role of the administrative court in examining the compliance with procedural law of the tax proceedings preceding the issuance of such a decision and the respecting by tax authorities of the fundamental values of the system of law expressed in the Polish Constitution. This is because they define the limits of administrative discretion, within which the choice of one of the possible solutions remains beyond the judicial review of the public administration. For the law, as it stands (<em>de lege lata</em>) there are no grounds for administrative courts, provided that the tax authorities respect the basic values of the legal system expressed in the Polish Constitution, to formulate assessments as to the circumstances and reasons justifying the granting or refusal to grant a tax relief, or its scope. The concept of internal and external limits of administrative discretion may therefore be useful for administrative court rulings.</p>

Enlightenment Ideals of Limited Warfare

2020 ◽  
pp. 97-126
Author(s):  
Pablo Kalmanovitz
Keyword(s):  
Public Administration ◽  
Use Of Force ◽  
Laws Of War ◽  
The Public ◽  
The Enlightenment ◽  
The Law ◽  
Sound Policy ◽  
Limited Warfare ◽  
Strategic Logic

Chapter 4 looks at the doctrines of ius in bello and ius post bellum in the Enlightenment theory of regular war. It argues that the laws of regular war and its conclusion embody maxims of sound policy in the public administration of a war’s destruction. The laws of war are underwritten by the assumption that states share an interest in setting reciprocal limitations on their use of force. But while the rules of regular war can be upheld in self-enforcing equilibria, these are always fragile and unstable. The chapter proceeds by looking at several specific areas in the practice of regular warfare and identifying the strategic logic behind the law and its possible breakdowns. The task of the Enlightenment jurists, as they understood it, was to help rulers and military men better see that it was in their best long-term interests to sustain and comply with the laws of war.

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