Journalism, Public, Policy: An Institutional View of the Press’s Legal Discourse at the End of the 19th Century

2019 ◽  
Vol 96 (3) ◽  
pp. 830-847 ◽  
Author(s):  
Patrick C. File
Keyword(s):  
Public Policy ◽  
Legal Protection ◽  
Legal Discourse ◽  
Legal Issues ◽  
Journalism History ◽  
The Public ◽  
The Press ◽  
Institutional Maintenance ◽  
The 19Th Century ◽  
The Relationship

This study analyzes discourse about journalists’ privilege and libel law from 1894 to 1897 to explain how the press articulated the public policy rationale for legal protection at a pivotal moment in journalism history. To illuminate the relationship between emerging professional values and ideas about law, it applies the analytical lens of institutionalism. The study argues that the public policy rationale that appeared in the legal discourse surrounding these key legal issues was both a function of principled professional identity–building and a means of “institutional maintenance” intended to protect the press’s social status.

scholarly journals Methods of Administrative and Legal Protection of Tax Relations: Theoretical and Legal Study

2019 ◽  
Vol 75 (4) ◽  
pp. 53-58
Author(s):  
K. S. Rohozinnikova
Keyword(s):  
Public Administration ◽  
Open Data ◽  
Legal Protection ◽  
Data Sets ◽  
Administrative Services ◽  
The Public ◽  
The Subject ◽  
State Coercion ◽  
The Relationship ◽  
Functional Purpose

The author of the article has provided the results of the analysis of the methods of administrative and legal protection taking into account the changes within the relations between public administration and taxpayers and the course chosen by the state for liberalization of tax relations. The place of the concept of the methods of administrative and legal protection in the term system of the science of administrative law and their dialectical relations with the methods of public administration and administrative activity has been established. The author has indicated generic and specific features of the methods of administrative and legal protection of tax relations, where the latter will depend on the peculiarities of the means and methods of influence used by the public administration for the purpose of exercising security functions. The system of methods of administrative and legal protection of tax relations has been offered to form from three elements: general methods of administrative activity (persuasion and coercion), service tools of influence (provision of administrative services, creation of electronic services and publication of open data sets) and organizational methods. The expediency of distinguishing service means of influence into a separate group of methods of administrative and legal protection has been proved. It is conditioned by their special functional purpose – creation of conditions for independent prevention of possible breach of protected relations by the taxpayer. The role and correlation of persuasion and coercion in the system of methods of administrative and legal protection of tax relations have been clarified. Despite the presented importance of the persuasion within the relationship between the controlling agencies and the taxpayers, it has been stated that state coercion remains the main mean of administrative and legal protection of tax relations. Particular attention has been paid on the need to reconsider the correlation of tax and administrative coercion within tax relations. It has been proved that the basis of their delimitation should be not the branch of legislation, where the authority to apply the appropriate measure is assigned, but the essential criterion and the subject matter of regulation (influence) – relations arising from incomplete calculation and late and incomplete payment of taxes and fees, or relationships related to the organization and enforcement of tax responsibilities and the proper exercise by the supervisory authorities of their powers. It has been emphasized that tax coercion, unlike administrative, performs both punitive and compensatory functions.

Folk Jurisprudence and Neurointervention

2020 ◽  
pp. 191-230
Author(s):  
Thomas Nadelhoffer ◽  
Daniela Goya-Tocchetto ◽  
Jennifer Cole Wright ◽  
Quinn McGuire
Keyword(s):  
Public Policy ◽  
General Population ◽  
Legal Issues ◽  
Underlying Assumption ◽  
Theory To Practice ◽  
Feasibility Constraints ◽  
Prison Populations ◽  
The Relationship ◽  
Folk Intuitions ◽  
Normative Status

Our chapter is motivated by an underlying assumption that layperson’s intuitions, beliefs, and judgments about moral and legal issues and public policy—which we refer to as “folk jurisprudence”—is relevant to philosophical and legal theorizing about the normative status of the use of neurological interventions. While we are quick to acknowledge that researchers need not be entirely beholden to the dictates of folk jurisprudence, we nevertheless believe that layperson’s attitudes about the relationship between neuroscience and the law ought to at least serve as feasibility constraints when it comes to the important project of getting from theory to practice. Given our beliefs concerning the relevance of folk intuitions to philosophical theorizing and public policy, we set out to explore these intuitions in a systematic way. So, we present the findings from three studies we ran which investigated people’s intuitions about the following practices and policies: (a) using interventions to reduce implicit bias in judges and jurors, (b) using interventions to reduce violence impulsivity on violent offenders, and (c) using interventions to improve moral behavior not only in prison populations but also in the general population. Having presented our findings, we then discuss what we take to be the relevance of this type of research to philosophy, law, and public policy.

scholarly journals Perlindungan Hukum Terhadap Intervensi Pemberitaan dalam Kerangka Kemerdekaan Pers Nasional

2019 ◽  
Vol 3 (1) ◽  
pp. 75
Author(s):  
Fuqoha Fuqoha ◽  
Indrianti Azhar Firdausi ◽  
Arga Eka Sanjaya
Keyword(s):  
Qualitative Study ◽  
Code Of Ethics ◽  
Legal Protection ◽  
The Public ◽  
The Press ◽  
The World ◽  
A Priority ◽  
The Law ◽  
Journalistic Ethics ◽  
Descriptive Qualitative

Law protection for journalists has been guaranteed through legislation as outlined in law number 40 of 1999 concerning the press. Through the press law, the independence of the national press is a priority as a form of protection in the world of the press. In order to safeguard the independence of the national press, an independent body was formed which took care of and supervised the national press, the press council. Among the duties and functions of the press council is to enforce journalistic ethics through a journalistic code of ethics as a guide for journalists both journalists and press companies. The dynamics that occur, violations of the journalistic code of ethics sometimes create clashes with the public or the community who feel disadvantaged which results in conflict with the law. This research is a descriptive qualitative study with a normative juridical approach. From the analysis of this study shows that legal protection against violations of the journalistic code of ethics and the independence of the national press is adjusted to the main laws of the press against the intervention of parties who feel disadvantaged. The independence of the national press is directed at independence and without intervention in a story.

scholarly journals Harmonization of Arbitration Laws in some Asian and European Countries

Pro Futuro ◽  
2021 ◽  
Vol 10 (4) ◽  
Author(s):  
Gauri Nirwal
Keyword(s):  
Public Policy ◽  
International Trade ◽  
Dispute Resolution ◽  
European Countries ◽  
International Arbitration ◽  
The Public ◽  
The World ◽  
Recognition And Enforcement ◽  
Dispute Resolution Mechanism ◽  
The Relationship

The present paper studies the relationship between domestic and international arbitration laws and the harmonization factor amongst some Asian and European jurisdictions. During the last decades, there has been a significant change and globalization in the world and with the expansion of businesses and trade a better dispute resolution mechanism is required in order to maintain the harmony in international trade. It has become a necessity to balance the domestic arbitration laws with the international ones. This brief paper identifies and comments on some of the areas where differences remain including differences in recognition and enforcement of arbitral awards in various jurisdictions over the public policy defence, and where further examination and research to reach and solve disputes amicably might be useful.

scholarly journals The Volhynian mass murders of 1943 in Polish-Ukrainian historical discussions in the 1990s

2021 ◽  
Vol 4 ◽  
pp. 65-72
Author(s):  
Tetiana Banakh
Keyword(s):  
Public Space ◽  
20Th Century ◽  
Polish Population ◽  
National History ◽  
The Public ◽  
The Press ◽  
Mass Murders ◽  
The Relationship ◽  
The Way

The article analyzes the first public discussions of the last decade of the 20th century about mass murders of Polish population in Volhynia in 1943. The author explores the emergence of the topic of “Volhynia” in the public space and Polish-Ukrainian historical debates about these mass murders in the 1990s. The research is based on the published sources and interviews with the participants in the Polish-Ukrainian dialog. The article focuses on the first mentions of the Volhynian events in the post-communist period, on the way this issue was discussed at seminars of Polish and Ukrainian historians, and in the leading Polish newspapers “Gazeta Wyborcza” and “Rzeczpospolita”. Particular attention is paid to the discussion about the mass murders in the “Gazeta Wyborcza” in 1995. The Volhynian issue appeared in the public space after almost fifty years of silence initiated from the Polish “kres” and veteran circles which represented the victims of the mass murders. This topic was arousing interest gradually. It did not immediately take a lead- ing place in Polish-Ukrainian historical debates. In the 1990s, the discussion about “Volhynia” took place primarily between historians and within the groups to which this topic was important. There was only one discussion about the Volhynian events in the press, namely in the “Gazeta Wyborcza”. This newspaper, which appeared as an organ of Solidarity, pays attention especially to the relationship between Poland and its neighbours, particularly Ukraine. In the Ukrainian central media, the Volhynian issue remained completely without attention. Although the debates about “Volhynia” were not actively conducted in the 1990s, certain tendencies were established during this period, which remained characteristic in the following years. In Poland, these events were perceived as one of the most traumatic episodes of the national history, so it was the Polish side who initiated the discussions about this topic. The Ukrainian side was forced to respond to these initiatives.

scholarly journals The playful newsroom: Iterating and reiterating the news and its publics

First Monday ◽  
2016 ◽  
Author(s):  
Maxwell Foxman
Keyword(s):  
Public Sphere ◽  
Professional Identity ◽  
Structured Interviews ◽  
Primary Case ◽  
News Production ◽  
The Public ◽  
The Press ◽  
The World ◽  
The Relationship

The crisis in the journalism industry, intensified with the popularization of the World Wide Web, warrants radical rethinking of the professional identity of journalists and their role in society. This paper first suggests replacing the Habermasian public sphere with Dutch historian Johan Huizinga’s magic circle of play to describe the relationship between the press and its audience. Within this new model, the writer configures the rules and boundaries in which the reader is free to respond and subvert, an interplay that increasingly shapes both current news production and expectations of the public. This paper then explores play and playful attitudes in newsroom practices and output through semi-structured interviews with journalists, game designers and educators. The “Game Team” at the news and entertainment Web site BuzzFeed acts as a primary case study of a group of journalists who make a variety of playful products — from full-fledged games to interactives — which they iterate and improve over time, in response to readers’ feedback.

Journalism’s Social Contract

2018 ◽  
Author(s):  
Helle Sjøvaag
Keyword(s):  
Social Contract ◽  
Professional Practice ◽  
Audience Participation ◽  
Journalism Ethics ◽  
The Public ◽  
The Press ◽  
Liberal Philosophy ◽  
Informed Citizenry ◽  
The Relationship

Journalism’s “social contract” refers to journalism’s role in democracy, primarily its obligations to inform the public and scrutinize government. The notion of a contract, however, entails the exchange of rights and obligations for mutual benefit. In this exchange, journalism enjoys the rights to free expression and publication, and it is obliged to cover the world fairly and accurately, providing citizens with the information they need to perform their roles as citizens. The notion of a social contract of the press is primarily rooted in liberal philosophy, though there is also a moral side to the contract that can be traced to republican theories of democracy. The question of reciprocity is central to the research on journalism’s social contract, primarily on the relationship between journalists and audiences, an area of research that is gaining traction as networked public spheres grow in importance as new venues of audience participation. Although the notion of a social contract is most visible in discussions of journalism ethics and professional practice, democratic media models also assume that journalism’s social contract constitutes an important conduit of democratic processes. As such, journalism’s social contract largely describes normative dimensions of journalism’s role in society, primarily embedded in notions related to the quality of information and an informed citizenry.

The Separation of Law and Religion

2021 ◽  
pp. 96-118
Author(s):  
Stuart Banner
Keyword(s):  
19Th Century ◽  
Natural Law ◽  
Early Republic ◽  
Common Law ◽  
Important Change ◽  
The Public ◽  
The Common ◽  
The Public Sphere ◽  
The 19Th Century ◽  
The Relationship

This chapter discusses an important change in lawyers’ understanding of the relationship between the spheres of law and religion during the 19th century. In the early Republic these spheres substantially overlapped. Natural law was understood to have been created by God. Christianity was considered to be part of the common law. Americans may not have become any less religious in the 19th century, but they increasingly came to think of religion as part of one’s private, personal life, separate from the public sphere of law. As law and religion separated, the notion that natural law should play a role in the legal system came to seem more and more anomalous.

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