Aquiring a Taste for Order: The Community and Police

1987 ◽  
Vol 33 (1) ◽  
pp. 90-102 ◽  
Author(s):  
George L. Kelling
Keyword(s):  
The Political ◽  
Police Intervention ◽  
Political Will ◽  
Community Or ◽  
Order Maintenance ◽  
Maintenance Activities ◽  
The Law ◽  
Definition Of ◽  
Primary Basis

Police order maintenance activities are important but controversial. They are controversial because there is no clear and consistent definition of what constitutes disorder and because the justification for police intervention in disorderly situations in uncertain. Some behavior that creates disorder is illegal and the basis for intervention is clear: the law. Other behavior that creates disorder is not illegal; instead, it violates community or neighborhood expectations of what constitutes appropriate civil behavior. Under such circumstances a primary basis for police intervention is the political will of the community.

scholarly journals Is This Tax Reform, or Just Confusion?

2018 ◽  
Vol 32 (4) ◽  
pp. 73-96 ◽  
Author(s):  
Joel Slemrod
Keyword(s):  
United States ◽  
Tax Reform ◽  
The United States ◽  
The Political ◽  
Political Will ◽  
Tax Base ◽  
Tax System ◽  
The Law ◽  
Jobs Act ◽  
Tax Cuts

Based on the experience of recent decades, the United States apparently musters the political will to change its tax system comprehensively about every 30 years, so it seems especially important to get it right when the chance arises. Based on the strong public statements of economists opposing and supporting the Tax Cuts and Jobs Act of 2017, a causal observer might wonder whether this law was tax reform or mere confusion. In this paper, I address that question and, more importantly, offer an assessment of the Tax Cuts and Jobs Act. The law is clearly not “tax reform” as economists usually use that term: that is, it does not seek to broaden the tax base and reduce marginal rates in a roughly revenue-neutral manner. However, the law is not just a muddle. It seeks to address some widely acknowledged issues with corporate taxation, and takes some steps toward broadening the tax base, in part by reducing the incentive to itemize deductions.

Political Emancipation

2019 ◽  
pp. 89-121
Author(s):  
Joan Wallach Scott
Keyword(s):  
Political Theory ◽  
The Political ◽  
Political Thinking ◽  
Liberal Democratic ◽  
Formal Equality ◽  
Political Emancipation ◽  
The Law ◽  
Women's Emancipation ◽  
Definition Of ◽  
Liberal Political Theory

This chapter considers the contradictions of women's emancipation in light of the American (1776) and the French (1789) revolutions. It shows how the resistance to women's citizenship had less to do with the necessarily slow but inevitable progress of liberal democratic ideas than it did with a contradiction at the very heart of the political thinking that articulated them—a political thinking integral to the discourse of secularism. Liberal political theory postulated the sameness of all individuals as the key to their formal equality—abstracted from their circumstances there was no discernable difference among them, they stood as equals before the law. At the same time there were differences that were thought to refuse abstraction. These were people in a state of dependency, such as propertyless peasants, wage laborers, women, children, slaves. Therefore, they could not be counted as autonomous individuals—autonomy, after all, was at the heart of the very definition of individuality.

scholarly journals Municipalities and democracy in Chile: Are they complying with the 20,500 Law On Citizen Participation?

2021 ◽  
pp. 63-80
Author(s):  
Egon Montecinos ◽  
Patricio Contreras
Keyword(s):  
Citizen Participation ◽  
Great Majority ◽  
The Political ◽  
Local Democracy ◽  
Political Will ◽  
Current State ◽  
Municipal Management ◽  
Main Factors ◽  
The Law ◽  
Municipal Level

This article describes and characterizes the current state of citizen participation at the municipal level in Chile, taking as reference the law 20.500. The objective is to identify the main factors that are influencing the dynamic disparate of implementation of the law, based on a study conducted in fifty-two municipalities. It is argued that there are municipalities that meet minimum participation standards, but in the great majority it has not been gravitating. Some reasons that would be influencing this dynamic, they are the low incentives of the law to incorporate citizen participation in municipal management, the excessive dependence on the political will of mayors to initiate it, the municipal financial precariousness to sustain it. The main conclusion is that the contributions of the law to municipal participatory democracy have been low, persisting a representative local democracy of low intensity and associated with exclusively procedural aspects.

scholarly journals Māori Women, Discrimination and Paid Work: The Need for an Intersectional Approach

2020 ◽  
Author(s):  
Amanda Reilly
Keyword(s):  
Human Rights ◽  
New Zealand ◽  
The Political ◽  
Paid Work ◽  
International Human Rights ◽  
Political Will ◽  
International Human ◽  
The Law ◽  
The Impact ◽  
Labour Regulation

New Zealand has been at the forefront of labour regulation and views itself as a leader in the field of human rights. However, this article focuses on an area where the law is underdeveloped. It argues that the ongoing socio-economic inequality of Māori women is inconsistent with social justice, New Zealand's international human rights obligations and the Treaty of Waitangi. Improving access to paid work could help to address this, but the law does not adequately address the intersectional discrimination – discrimination on multiple grounds – that Māori women and others experience. New Zealand discrimination law, in both the human rights and employment jurisdictions, is largely comparator-based which is inherently flawed as a mechanism for addressing intersectional discrimination. Moreover, the law is poorly understood and weakly enforced. New Zealand also has limited affirmative action provisions; no quotas or targets are set with regards to improving the access to paid work of Māori women and very few New Zealand employers are required to report on matters pertaining to gender equality. The article concludes that the impact of intersectional discrimination on Māori women (and others) must be recognised and addressed and that a range of options is available to do this, if the political will were present.

scholarly journals Māori Women, Discrimination and Paid Work: The Need for an Intersectional Approach

2020 ◽  
Author(s):  
Amanda Reilly
Keyword(s):  
Human Rights ◽  
New Zealand ◽  
The Political ◽  
Paid Work ◽  
International Human Rights ◽  
Political Will ◽  
International Human ◽  
The Law ◽  
The Impact ◽  
Labour Regulation

New Zealand has been at the forefront of labour regulation and views itself as a leader in the field of human rights. However, this article focuses on an area where the law is underdeveloped. It argues that the ongoing socio-economic inequality of Māori women is inconsistent with social justice, New Zealand's international human rights obligations and the Treaty of Waitangi. Improving access to paid work could help to address this, but the law does not adequately address the intersectional discrimination – discrimination on multiple grounds – that Māori women and others experience. New Zealand discrimination law, in both the human rights and employment jurisdictions, is largely comparator-based which is inherently flawed as a mechanism for addressing intersectional discrimination. Moreover, the law is poorly understood and weakly enforced. New Zealand also has limited affirmative action provisions; no quotas or targets are set with regards to improving the access to paid work of Māori women and very few New Zealand employers are required to report on matters pertaining to gender equality. The article concludes that the impact of intersectional discrimination on Māori women (and others) must be recognised and addressed and that a range of options is available to do this, if the political will were present.

scholarly journals Mediation in criminal proceedings

2021 ◽  
pp. 308-312
Author(s):  
P.D. Denisyuk
Keyword(s):  
Restorative Justice ◽  
Legal Status ◽  
Criminal Procedure ◽  
Research Topic ◽  
The Political ◽  
Criminal Proceedings ◽  
Political Will ◽  
The Status ◽  
Scientific Reflection ◽  
Definition Of

Іn the article the author investigates the institute of mediation, which acquires its development not only in civil and commercial proceedings, but also in criminal proceedings and is a manifestation of the concept of restorative justice. As a confirmation of the relevance of the research topic, judicial statistics of consideration of materials of criminal proceedings on the basis of agreements by courts of first instance are given, which confirms the necessity and importance of such a legal institution.The norms of international normative legal acts, where the institute of mediation was embodied, are analyzed. Also are considered the main provisions on the application of agreements in the criminal procedure legislation of Ukraine. It was stated that mediation is possible within the framework of the conciliation agreement.The opinion is expressed that the application of the relevant legal institution in criminal proceedings will facilitate the adoption of a special law «Mediation» and analyzed the lawmaking in this area. The next step could be amending the criminal procedure legislation of Ukraine. Number of issues need to be clarified, including: what will be the status of a mediator in criminal proceedings (his rights and responsibilities, guarantees of independence, etc.); what is the procedural order of mediation; what is the procedural form of completion of the mediation procedure and some others.Particular attention is paid to the definition of a person who can be a mediator and his legal status in criminal proceedings. The positions of scientists who believe that mediators can be prosecutors, lawyers and psychologists are considered. The opinion was expressed regarding the acquisition of special education by such a person and the acquisition of relevant knowledge and skills.It is concluded that the punitive-repressive approach to counteracting the commission of crimes is not effective enough, so it is necessary to introduce mechanisms of alternative conflict resolution procedures, in particular, medi-ation. At the same time, implementation of mediation requires further scientific reflection and discussion, as well as the political will of the legislator to adopt the relevant law and amend the criminal procedure legislation.

scholarly journals Ethics and Artificial Intelligence: A Policymaker's Introduction

2021 ◽  
Author(s):  
Jamie E. Baker
Keyword(s):  
Artificial Intelligence ◽  
Vital Role ◽  
The Political ◽  
Regulatory Regime ◽  
Political Will ◽  
Ethical Codes ◽  
The Law

The law plays a vital role in how artificial intelligence can be developed and used in ethical ways. But the law is not enough when it contains gaps due to lack of a federal nexus, interest, or the political will to legislate. And law may be too much if it imposes regulatory rigidity and burdens when flexibility and innovation are required. Sound ethical codes and principles concerning AI can help fill legal gaps. In this paper, CSET Distinguished Fellow James E. Baker offers a primer on the limits and promise of three mechanisms to help shape a regulatory regime that maximizes the benefits of AI and minimizes its potential harms.

scholarly journals Māori Women, Discrimination and Paid Work: The Need for an Intersectional Approach

2019 ◽  
Vol 50 (2) ◽  
pp. 321
Author(s):  
Amanda Reilly
Keyword(s):  
Human Rights ◽  
New Zealand ◽  
The Political ◽  
Paid Work ◽  
International Human Rights ◽  
Political Will ◽  
International Human ◽  
The Law ◽  
The Impact ◽  
Labour Regulation

New Zealand has been at the forefront of labour regulation and views itself as a leader in the field of human rights. However, this article focuses on an area where the law is underdeveloped. It argues that the ongoing socio-economic inequality of Māori women is inconsistent with social justice, New Zealand's international human rights obligations and the Treaty of Waitangi. Improving access to paid work could help to address this, but the law does not adequately address the intersectional discrimination – discrimination on multiple grounds – that Māori women and others experience. New Zealand discrimination law, in both the human rights and employment jurisdictions, is largely comparator-based which is inherently flawed as a mechanism for addressing intersectional discrimination. Moreover, the law is poorly understood and weakly enforced. New Zealand also has limited affirmative action provisions; no quotas or targets are set with regards to improving the access to paid work of Māori women and very few New Zealand employers are required to report on matters pertaining to gender equality. The article concludes that the impact of intersectional discrimination on Māori women (and others) must be recognised and addressed and that a range of options is available to do this, if the political will were present.

scholarly journals DOMESTIC VIOLENCE IN UKRAINE AS A CRIMINOLOGICAL PROBLEM

2019 ◽  
pp. 197-201
Author(s):  
I. H. Bohatyrov ◽  
M. H. Kuznetsov
Keyword(s):  
Domestic Violence ◽  
Sexual Violence ◽  
Poverty Line ◽  
The Political ◽  
Urgent Problem ◽  
Social Standards ◽  
Voluntary Consent ◽  
The Family ◽  
The Law ◽  
Definition Of

The problem of domestic violence remains an urgent problem for all countries of the world, Ukraine is no exception. Unfortunately, the political and economic processes that take place in the 21st century in our state negatively affect the family and its derivative institutions. This includes an increase in the number of families who find themselves below the poverty line, regular fights and quarrels that create conflicts in the family, the spread of alcoholism, drug addiction and prostitution, a decrease in the role and influence of the state, and a change in social standards for itself Institute of the family. Among the main signs of domestic violence is the intentionality of committing and causing physical, psychological, economic harm and the like. In addition, there are reasons that prevent the victim of violence from leaving the offender, among which are: the lack of alternatives to another residence; property and financial dependence; desire to save a family; acquired helplessness syndrome; unwillingness to stop destructive marriage and more. Domestic violence is the result of deliberate actions of the person who commits it and which is supported by aggression and the desire to do harm, and not by the desire to unleash the domestic conflict through reconciliation. In 2017, the VerkhovnaRada of Ukraine adopted the new Law of Ukraine “On the Prevention and Counteraction of Domestic Violence” normatively enshrined the definition of domestic violence, according to which act (action or inaction) of physical, sexual, psychological or economic violence that occurs in the family or within the place of residence or between relatives, or between former or current spouses, or between other persons who together live (lived) the same family, but are not (were not) in the family wearing or married to each other, regardless of whether the person who committed domestic violence lives in the same place as the injured person, as well as the threat of such acts. The article notes that the latest in the country’s legislation is sexual violence. Legislative innovations, in particular, reinforce an updated approach to crimes against sexual freedom and integrity: the concept of “voluntary consent” and the fact of “penetration” are introduced – the distinction between rape and other forms of sexual violence. The law provides for consent to intimacy even from a man or wife. It is proved that violence, of course, under any conditions, is a crime. And therefore, the lack of a clear definition in the law causes incorrect qualifications and, accordingly, inappropriate responses of state bodies to criminal acts.

General Intellect

2007 ◽  
Vol 15 (3) ◽  
pp. 3-8 ◽  
Author(s):  
Paolo Virno
Keyword(s):  
Historical Materialism ◽  
The Political ◽  
Intellectual Work ◽  
Productive Force ◽  
The Law ◽  
Research Stream ◽  
Definition Of ◽  
General Intellect

AbstractAs part of the Historical Materialism research stream on immaterial labour, cognitive capitalism and the general intellect, begun in issue 15.1, this articles explores the importance of the expression 'general intellect', proposed by Marx in the Grundrisse, for an analysis of linguistic and intellectual work in contemporary capitalism. It links the notion of general intellect to the crisis of the law of value, the political significance of mass intellectuality, and the definition of democracy in a world where knowledge is a productive force in its own right.

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