The Legal Framework for Foundations in the Habsburg Monarchy from 1750 to 1918

2017 ◽  
Vol 1 (2) ◽  
pp. 154-172
Author(s):  
Gabriele Schneider
Keyword(s):  
Public Good ◽  
Legal System ◽  
Legal Framework ◽  
The State ◽  
Habsburg Monarchy ◽  
The Public ◽  
Regulation And Supervision ◽  
Role Of The State ◽  
The Law

Foundations, as permanent funds established by a certain legal act, can serve manifold purposes, but often pursue charitable goals. As such, they play an important role for the public good. Therefore, states always had an interest in fostering foundations by providing a pertinent legal framework. In Austria, this topic has not yet been the focus of scholarship. Through this study some light is shed on the implementation of the law on foundations in the Habsburg Monarchy. It focuses on the role of the state and its legal system regarding the regulation and supervision of foundations from 1750 to 1918. This period is characterized by the sovereigns’ endeavor to regulate the position of foundations via extensive legislation. In particular, a system of oversight for foundations was created in order to guarantee the attainment of their charitable goals. In fact, this system prevailed until the end of the 20thcentury.

scholarly journals PERANAN NEGARA DAN HUKUM DALAM MEMBERANTAS KEMISKINAN DENGAN MEWUJUDKAN KESEJAHTERAAN UMUM

2010 ◽  
Vol 40 (3) ◽  
pp. 390
Author(s):  
Yohanes Suhardin
Keyword(s):  
Social Justice ◽  
The State ◽  
Public Welfare ◽  
The Public ◽  
Role Of The State ◽  
Strategic Role ◽  
The Creation ◽  
The Government ◽  
Legal Product

AbstrakThe role of the state in combating poverty is very strategic. Combatingpoverty means to free citizens who are poor. The strategic role given thenational ideals (read: state) is the creation of public welfare. Therefore,countries in this regard the government as the organizer of the state musthold fast to the national ideals through legal product that is loaded withsocial justice values in order to realize common prosperity. Therefore, thenature of the law is justice, then in the context of the state, the lawestablished for the creation of social justice. Law believed that social justiceas the path to the public welfare so that the Indonesian people in a relativelyshort time to eradicate poverty.

scholarly journals Public Interest Opposite the Freedom of Contractual Will in Administrative Contracts in the Republic of Albania

2017 ◽  
Vol 6 (s2) ◽  
pp. 37-48
Author(s):  
Artan Spahiu
Keyword(s):  
Public Interest ◽  
Legal Framework ◽  
The State ◽  
Private Law ◽  
Legal Analysis ◽  
Administrative Contract ◽  
The Public ◽  
General Arrangement ◽  
Role Of The State ◽  
The Republic

Abstract The protection of the public interest is the main principle governing the activity regulation of the administrative bodies. This activity, traditionally, has been developed through administrative acts, as an expression of the unilateral and authoritarian willpower of public authority, which creates legal consequences. The administrative act has been and remains the most important instrument for the administration bodies to accomplish their mission, but it is no longer effective. Particularly this lack of efficiency is noticed in recent years when the development of the economy and the needs of the evergrowing society have prompted the administration to adapt its activity by making use of other mechanisms “borrowed” from private law. An important part of public activity can also be achieved through the contract as a way that brings the state closer to the private, mitigating its dominant position and leaving space for the efficiency of private activity to fulfil public engagements. Such contracts today are known as “administrative contracts” or “public contracts”. The terms mentioned above are instruments that establish legal relations, for the regulation of which the principle of public interest is opposed and competes with the principle of freedom of the contractual willpower. The regulation of these types of contracts is reached through the private law, which constitutes the general normative framework of contracts (lex generalis) even for the administrative contracts. But this general arrangement will have effect for as long as it does not contradict the imperative provisions of the specific act of public law (lex specialis), which regulates the administrative procedure for the completion of these contracts. This paper aims to bring to the spotlight the way our legislation predict and regulates administrative contracts, by emphasising particularly the features of their dualistic nature. The coexistence and competition of the principles of the freedom of contractual willpower and the protection of the public interest, evidenced in administrative contracts, is presented in this paper through the legal analysis of the Albanian legal framework which regulates these contracts. Under the terms when the role of the state in providing public services tends to increase and our legislation aims the harmonization in accord with the European legislation, it is necessary to improve the administrative contract regulation and extend its scope of action.

scholarly journals KONSEP WELLFARE STATE DI INDONEISA

2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Winda Roselina Effendi
Keyword(s):  
Social Security ◽  
Welfare State ◽  
Social Services ◽  
The State ◽  
The Public ◽  
The People ◽  
Role Of The State ◽  
Market Economy System ◽  
Economy System

Walfare State concept born in the era of the 20th century as a correction of the development of the concept of the country as night watchman, the phenomenon of economic capitalism that gradually leads to lameness in the distribution of sources of prosperity. In the Walfare State concept, the state is required to extend its responsibility to the socio-economic problems facing the people. The functions of the state also include activities that were previously beyond the scope of state functions, such as extending the provision of social services to individuals and families in specific matters, such as social security. The role of the state can not be separated with Welfare State because the state that plays a role in managing the economy which includes the responsibility of the state to ensure the availability of basic welfare services in certain levels. Welfare State does not reject the existence of a capitalist market economy system but believes that there are elements in the public order that are more important than market objectives and can only be achieved by controlling and limiting the operation of such market mechanisms.Keywords: walfare state, country, economic systemKonsep Walfare State yang lahir di era abad ke-20 sebagai koreksi berkembangnya konsep negara sebagai penjaga malam, gejala kapitalisme perekonomian yang secara perlahan-lahan menyebabkan terjadinya kepincangan dalam pembagian sumber-sumber kemakmuran bersarma. Dalam konsep Walfare State, negara dituntut untuk memperluas tanggung jawabnya kepada masalah-masalah sosial ekonomi yang dihadapi rakyat. Fungsi negara juga meliputi kegiatan-kegiatan yang sebelumnya berada diluar jangkauan fungsi negara, seperti memperluas ketentuan pelayanan sosial kepada individu dan keluarga dalam hal-hal khusus, seperti social security, kesehatan.  Peran negara tidak bisa dipisahkan dengan Welfare State karena negara yang berperan dalam mengelola perekonomian yang yang di dalamnya mencakup tanggung jawab negara untuk menjamin ketersediaan pelayanan kesejahteraan dasar dalam tingkat tertentu. Welfare State tidak menolak keberadaan sistem ekonomi pasar kapitalis tetapi meyakini bahwa ada elemen-elemen dalam tatanan masyarakat yang lebih penting dari tujuan-tujuan pasar dan hanya dapat dicapai dengan mengendalikan dan membatasi bekerjanya mekanisme pasar tersebut. Kata Kunci: walfare state, negara,sistem ekonomi 

scholarly journals The Problem of State Violence

Daedalus ◽  
2022 ◽  
Vol 151 (1) ◽  
pp. 22-37
Author(s):  
Paul Butler
Keyword(s):  
Use Of Force ◽  
State Violence ◽  
The State ◽  
Power Sharing ◽  
The Public ◽  
Role Of The State ◽  
Abuse And Neglect ◽  
The Future ◽  
State Actors

Abstract When violence occurs, the state has an obligation to respond to and reduce the impacts of it; yet often the state originates, or at least contributes to, the violence. This may occur in a variety of ways, including through the use of force by police, pretrial incarceration at local jails, long periods of incarceration in prisons, or abuse and neglect of people who are incarcerated. This essay explores the role of the state in responding to violence and how it should contribute to reducing violence in communities, as well as in its own operations. Finally, it explores what the future of collaboration between state actors and the community looks like and offers examples of successful power-sharing and co-producing of safety between the state and the public.

Role of Advocates in Administration of Justice

LAW REVIEW ◽  
2018 ◽  
Vol 37 (01) ◽  
Author(s):  
S. S. Upadhyay
Keyword(s):  
Legal System ◽  
Legal Framework ◽  
Access To Justice ◽  
Special Relationship ◽  
The Public ◽  
Moral Standards ◽  
Administration Of Justice ◽  
Relationship Of

Lawyers play an important part in the administration of justice. The Profession itself requires the safeguarding of high moral standards. As an officer of the Court the overriding duty of a lawyer is to the Court, the standards of his profession and to the public. Since the main job of a lawyer is to assist the Court in dispensing justice, the members of the Bar cannot behave with doubtful scruples or strive to thrive on litigation. This paper deals in Legal framework of duty and liability of advocate supported with Judicial Pronouncement. The main emphais on special relationship of bar bench and agreed and persons of the society for protection of their human rightrs. Legal community and advocates are inseparable and important part of robust legal system and they not only aid in seeking access to justice but also promote justice. Judges cannot perform their task of dispensing justice effectively without the able support of advocates. In that sense, advocates play an important role in the administration of justice.

Transformation of the State and Political Economy of the Governance

2020 ◽  
pp. 239-257
Author(s):  
Emek Yıldırım
Keyword(s):  
Political Economy ◽  
Public Administration ◽  
Institutional Economics ◽  
New Institutional Economics ◽  
The State ◽  
State Model ◽  
Functional Changes ◽  
The Public ◽  
Role Of The State

By the 1980s and 1990s, neoliberal policies such as privatizations and deregulations transforming the minimal state model to regulative state model from the Keynesian social welfare state system made some structural and functional changes in the state mechanism, and the public administration has been in the first place due to the changing relationship between the state and the market. In fact, within this context, the new institutional economics (NIE) had a remarkable influence upon the debates upon the altering role of the state. Hence, the transformation of the state in this regard also revealed the argumentations on the governance paradigm along with the doctrinaire contributions of the new institutional economics. Therefore, this chapter will discuss the transformation of the state and the political economy of the governance together with a critical assessment of the new institutional economics in the public administration.

10 London

2014 ◽  
Author(s):  
Jagusch Stephen ◽  
Triantafilou Epaminontas E
Keyword(s):  
Legal System ◽  
Legal Framework ◽  
Court Decisions ◽  
England And Wales ◽  
Recognition And Enforcement ◽  
English Law ◽  
The Law ◽  
Key Aspects ◽  
Laws And Regulations

This chapter summarizes the key aspects of the English legal system with respect to the role of courts in arbitrations seated in England and Wales. First, it highlights the key provisions of relevant English legislation, mainly of the English Arbitration Act of 1996 and the principal court decisions arising under that legislation. Second, it describes the manner in which English law as the law of the seat affects the role of English courts in the course of three discrete stages: before the award, after the award, and during recognition and enforcement. In the process and where necessary, it addresses and ultimately rejects recently articulated concerns questioning the supremacy of England and Wales as an arbitration seat. The chapter concludes that England and Wales possesses a comprehensive and clearly articulated legal framework governing arbitration, and a sophisticated, impartial judiciary with ample experience in complex arbitral disputes and the collateral issues they raise under both English law and foreign laws and regulations. The jurisdiction is distinctly arbitration-friendly, with a keen understanding of the benefits arbitration aims to confer on parties, and the policy considerations such benefits entail.

Interactions between institutional logics and cultural dynamics in the public–private integration process

2020 ◽  
pp. 002085231989123
Author(s):  
Anne-Sophie Thelisson ◽  
Olivier Meier
Keyword(s):  
Institutional Logics ◽  
The State ◽  
Cultural Dynamics ◽  
Integration Process ◽  
Longitudinal Case Study ◽  
Dynamic Nature ◽  
The Public ◽  
Role Of The State

This article underlines the specificities of public–private mergers by presenting the interactions between the institutional logics at stake and the cultural dynamics during the integration process of a public–private merger. The article presents a longitudinal case study of a public–private merger of two listed French companies over two years. Our study completes and enriches Schultz’s model by showing its dynamic nature and highlighting the crucial role of the state as a trigger for the interactions between institutional logics and cultural dynamics. Points for practitioners By highlighting the interactions between cultural dynamics and institutional logics, we trace how cultural dynamics influence the decision-making process and how institutional logics influence integration by becoming dominant. We demonstrate how the state influences the interactions between these forces during the integration process.

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