“Legal” Land Appropriation as Sanctioned by the Vested Property Act(s)

2017 ◽  
Vol 45 (6) ◽  
pp. 724-748
Author(s):  
Shelley Feldman

In this chapter, I interrogate the Vested Property Act (VPA) to explore one aspect of the uneven and contradictory project of democratic state formation in Bangladesh. The Act, initially sanctioned by the state of the then-East Pakistan, and continued in independent Bangladesh through various military regimes and democratically-elected governments, paved the way for the displacement of millions of Hindus from both ownership rights and their security as citizens. By drawing attention to the Act’s institutionalisation and struggles over its legitimacy, I show how the promise of democracy, as well as of secularism, reveals the violences that are entailed in actually existing democratic practice, including in the construction of the Hindu citizen as unworthy and a threat to national security. This construction of the minority as “other” and the making of majoritarian rule reveal the violence that attends to a democratic politics that includes everyday inaction and omission, rather than one which focuses solely on acts of force that usually involve physical harm or injury.

2018 ◽  
Vol 23 (1) ◽  
pp. 25-33
Author(s):  
Mihai-Marcel Neag

Abstract The mosaic approach to conflict requires redefinition of some doctrinal concepts that can influence the way in which the response to the risks and threats to the state of security, the future of military actions and the acceptance that the technological development will be a factor for the success of the wars future. The issues addressed could be important elements in the architecture of a possible future strategic concept of integrated use of the basic elements of national power - diplomatic, informational, military and economic. At the same time, the results of this theoretical approach can contribute, as a reference point, to proposing viable and innovative doctrinal and operational solutions to counteract aggressions to national security, regardless of their nature or origin.


2019 ◽  
Vol 9 (5) ◽  
pp. 1551
Author(s):  
Marat G. AZHIBAYEV ◽  
Olzhas M. DZHANADILOV

Crime does not stand still and evolves with humanity. With the development of technologies, new types of crimes have appeared and, accordingly, new threats that today challenge not only an individual, but entire states, creating risks of harm not only to the economic sector, but to military and national security in general. At the same time, it is important that cybercrime in the field of military security can cause harm to the entire defense complex of the country, leaving the state defenseless against other threats which is unacceptable in order to preserve the sovereignty and the independence of the young democratic state. In this connection, it is necessary to recognize cybercrime at the state level as a threat that could cause harm to military security.


Moldoscopie ◽  
2021 ◽  
Author(s):  
Ludmila Oleinic ◽  

The establishment of a democratic state, an open society in which the citizen is the subject of social-political processes and feels safe, represent in essence a complex process. The main role in achieving these objectives largely depends by the state, by the public power, which is essentially obliged to create the right conditions and mechanisms for the involvement of all progressive forces in the construction of the new edifice. In this vein, the factor of awareness of the state’s correlation with national security is very important in order to make proposed objectives work. As a result, in order to increase the effectiveness the state focuses on reporting and accommodating to modern European standards and principles on the activity, organization and functioning of political processes and institutions in society as a whole in correlation with assuring national security issues.


2010 ◽  
Vol 38 (4) ◽  
pp. 561-567
Author(s):  
Stephen Deets

Despite considerable scholarly work on ethnic mobilization, less attention has been paid to explicitly examining how differing notions of the state undergird our analysis and normative approaches. As the title of Ted Gurr's Peoples versus States reminds us, the state is central to these processes. Similarly, there seems to be widespread, yet little discussed, disagreement on the proper role of politics in ethno-politics. In other words, at what point do we shrug our shoulders and say, “minority X lost this political fight and that's the way democratic politics functions”? The three books here focus on vastly different topics (international minority rights norms, Native American struggles, and the Holy Roman Empire's decline), but in reading them together it is striking how their notions of the state and politics lead us to varying conclusions about the possibilities for minorities.


2017 ◽  
Vol 4 (02) ◽  
pp. 21
Author(s):  
Hendra Manurung

AbstrakFederasi Rusia merupakan aktor global yang menerapkan kebijakan tegas terhadap Ukraina. Guna mencapai tujuan politik nasional Rusia yang dikendalikan dari Moskwa, melalui operasi militer di tahun 2014, didefinisikan bagaimana negara tersebut berperilaku. Melalui kombinasi operasi militer dan non-militer, Rusia secara perlahan memperoleh kekuasaan melalui aneksasi Krimea. Efektivitas metoda ini dipergunakan untuk menentukan strategi perang Rusia saat ini. Dengan demikian menjelaskan bagaimana kebijakan luar negeri dan kebijakan pertahanan Rusia dari tahun 2000 hingga 2013 yang memiliki ketergantungan pada lingkungan strategis Ukraina terhadap Rusia, dan kepentingan nasional Rusia pada Ukraina. Fokus utama penelitian ini adalah pencapaian tujuan politik Rusia dalam operasi militer yang dilaksanakan di Ukraina dan menganalisa komponen keamanan nasional Rusia yang signifikan mempengaruhi interaksi konflik asimetrik.Kata-kata kunci: keamanan nasional, tujuan politik, operasi militer, perilaku negara AbstractRussia Federation as global actor applied its policies towards Ukraine remains assertive. In pursuing state�s political objectives from Moscow, the escalation of military operation in 2014 defined as the way on how the state behaves. By means of the combination of military and non-military measures on the conduct of operation, Russia is now slowly regaining its power through the annexation of Crimea. The effectiveness of this method determines to be Russia�s strategy on contemporary warfare. Thus, it explains how Russian foreign and defense policy from 2000 to 2013 that depend on surrounding strategic environment of Ukraine to Russia, and the national interests of Russia to Ukraine. The main focus of this research is on the achievement of Russia�s political objective in its military operation in Ukraine and analysis on Russia�s national security components that are significantly influence the interaction of this asymmetric conflict.Keywords: national security, political objectives, military operations, state�s behavior


Author(s):  
Larissa Katz

In this chapter, I develop a new account of what is distinctively ‘equitable’ about equitable rights. On this account, equity as an institution regulates the pathways to legal rights. A person who is on a completeable but as yet incomplete path to acquire legal rights is vulnerable to interruption triggering the forfeiture of her position. Courts of equity fulfill the role of the state to preserve the integrity of the legal order by regulating the pathways to rights. This account explains and unifies equity’s traditional domain—the cluster of doctrines and principles that originated in the courts of equity. It also provides the lens through which to understand equity’s concern with a special kind of injustice where a person suffers an interruption along the way to private rights.


2020 ◽  
Vol 17 (1) ◽  
pp. 27-38
Author(s):  
Alexander Evstratov ◽  
Igor Guchenkov

Introduction. The significance of the study lies in the consideration of issues related to the disclosure of the legal foundations of social statehood, the determination of the value of law and ownership as necessary elements of comprehensive human development, as well as the understanding of the limitations that the use of only substantive criteria for the implementation of the idea of a social state provides. Purpose. The aim of the article is to identify the need for the main principle of human community – the development of a free individual, when the person does not feel any total control by the state, or solitude in the market struggle, to be pursued. Methodology. Formal legal method, analysis, synthesis, formal logical method, systematic approach. Results. The common forms of relationships between individuals and society are considered. It is determined that the most promising ideal type of social relationships should be a mixed type, the prerequisite of which is the equivalent value of the individual and society (society and the state) that exist in different historical epochs. An important role is assigned to the law and ownership, it follows that who destroys the law and ownership, then destroys the personality as well. The order of the human community, based on property and laws governing that, is a system of dependence of those who have no property on those who have it. It is also pointed out that the possibility of acquiring property and thus making an inter-class transition is not the property and the transition itself, because it does not guarantee free development for everyone. Every individual must understand that his own freedom cannot occur without the freedom of other people, that while working on achieving this type of order, the individual works not only on society but on himself as well. Each person may demand the same rights for himself by giving others a possibility to manifest themselves through their ownership rights. Awareness of his individuality is the way to comprehension of the meaning of personal independence, while the awareness of other individuals as independent equals whom he needs for his own development is the way to interaction among people, a chance to make the life well-ordered. Conclusion. It is necessary to speak of the social state as a special ideal, which is based on the eternal harmony, not the struggle, of two opposite, but identical in their nature qualities of a man: a will for privacy, selfishness, striving for isolation, domination over their own kind, which could be found in society, and the public, universal, striving to preserve everything, which are expressed in the state. In both theory and legislation, it is necessary to reflect those interests, the reasonableness of which is historically predetermined, so that they, through the law, entered the consciousness of everyone, became our common interests. That is why we need an actual guarantee of free education in the broadest sense, as a spiritual basis for the implementation of the idea of a social state and the education of a new generation of young people, who can be called a future leaders of Russia.


2016 ◽  
Vol 8 (2-3) ◽  
pp. 151-178 ◽  
Author(s):  
Corinna Mullin ◽  
Brahim Rouabah

Extending the timeframe of analysis beyond the post-uprising period, Corinna Mullin and Brahim Rouabah retrace the way in which the state of emergency has functioned as a discourse of power and a modality of governance throughout the colonial and postcolonial eras. Specifically, the article focuses on how the state of emergency contributes to the reinforcement of dominant narratives about national identity, and the foreclosure of more radical alternative political, social and economic projects outside of the colonial-modern norm.


2020 ◽  
Vol 2 (59) ◽  
pp. 478
Author(s):  
Fábio Ramazzini BECHARA ◽  
Priscila Luciene Santos de LIMA

RESUMO Objetivos: Visa a pesquisa, de maneira introdutória, situar a tutela de bens jurídicos pelo Direito Penal, bem como analisar a problemática do enriquecimento ilícito e sua relação com a corrupção, bem como verificar de que maneira tais situações coadunam-se com os limites de atuação estatal na aplicação do Direito Penal, traçando um paralelo entre o jus puniendi do Estado e o Direito Administrativo sancionador, bem como a forma pela qual a referida legislação adentra na dogmática jurídico-penal. Metodologia: O estudo adota o método de abordagem da revisão bibliográfica, mediante a leitura de livros, artigos científicos e a legislação. Resultados: A partir da análise realizada, implica em considerar que, a harmonização do sistema sancionatório no quadro do espaço territorial de Estados unidos por uma eficaz integração regional ou global é uma forma de garantir aos povos a concretização de uma justiça proba e uniformizada. Contribuições: Contribui de maneira singela ao trazer reflexões de cunho pragmático e que de forma simples, revela que em um Estado Democrático de Direito devem ser respeitadas as garantias constitucionais vinculadas à esta circunstância com relação às pessoas investigadas, julgadas e condenadas, sejam elas físicas ou jurídicas. Palavras-chave: Enriquecimento ilícito; corrupção; limites do Direito Penal. ABSTRACT Objectives: To situate the protection of legal assets by Criminal Law, as well as to analyze the problem of illicit enrichment and its relationship with corruption, as well as to verify how such situations are consistent with the limits of State action in the application of Criminal Law, drawing a parallel between the jus puniendi of the State and the sanctioning Administrative Law, as well as the way in which said legislation enters into the legal-criminal dogma. Methodology:The study adopts the method of approaching the bibliographic review, by reading books, scientific articles and legislation. Results: The harmonization of the sanctioning system within the framework of the territorial space of United States for an effective regional or global integration is a way of guaranteeing to the peoples the achievement of a uniform and probable justice. Contributions: Contributes in a simple way by bringing reflections of a pragmatic nature and that in a simple way, reveals that in a Democratic State of Law, the constitutional guarantees linked to this circumstance regarding the investigated, tried and convicted persons, whether physical or physical, must be respected. legal entities. Keywords: Illicit enrichment; corruption; limits; limits of Criminal Law.


2003 ◽  
Vol 38 (4) ◽  
pp. 436-455 ◽  
Author(s):  
Thomas C. Ellington

AbstractIn meeting the threat posed by terrorism, the democratic state also faces a paradox: those practices best suited to defending the state are often least suited to democracy. Such is the case with official secrecy, which has received renewed attention. Military and intelligence operations frequently depend on secrecy for their success. At the same time, democracy depends on openness, a fact too often neglected by democratic theory. Official secrecy subverts citizen autonomy and in so doing creates fertile ground for paranoid-style thinking. For the United States, a history of secrets and lies has left a legacy of distrust and paranoia.


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