Unlicensed Broadcasting and the Federal Radio Commission: The 1930 George W. Fellowes Challenge

1991 ◽  
Vol 68 (4) ◽  
pp. 823-828 ◽  
Author(s):  
Steven P. Phipps
Keyword(s):  
The State ◽  
District Court ◽  
The Government ◽  
The Right

An unlicensed station in St. Louis, Missouri, that rebroadcast material from other, licensed, stations soon came to the attention of the Federal Radio Commission, and owner George W. Fellowes found himself forced to challenge the right of the state to control the air. Fellowes' court-appointed attorney argued the government should not restrict the right of citizens to use airwaves; a U.S. District Court found differently, based on the Radio Act of 1927. Fellowes was given the choice of a year in jail—a stiff sentence to set an example—or deportation. He choose deportation. The argument of free citizen access to airwaves surfaces from time to time, but never for long.

The Scope and Content of Section 75(1)(a) of the Zimbabwean Constitution: An International Law Approach

2020 ◽  
Vol 53 (2) ◽  
Author(s):  
Chiedza Simbo
Keyword(s):  
International Law ◽  
Education System ◽  
Basic Education ◽  
The State ◽  
Education Act ◽  
The Government ◽  
The Right ◽  
Basic Education System

Despite the recent enactment of the Zimbabwean Constitution which provides for the right to basic education, complaints, reminiscent of a failed basic education system, have marred the education system in Zimbabwe. Notwithstanding glaring violations of the right to basic education by the government, no person has taken the government to court for failure to comply with its section 75(1)(a) constitutional obligations, and neither has the government conceded any failures or wrongdoings. Two ultimate questions arise: Does the state know what compliance with section 75(1)(a) entails? And do the citizens know the scope and content of their rights as provided for by section 75(1)(a) of the Constitution of Zimbabwe? Whilst it is progressive that the Education Act of Zimbabwe as amended in 2020 has addressed some aspects relating to section 75(1)(a) of the Constitution, it has still not provided an international law compliant scope and content of the right to basic education neither have any clarifications been provided by the courts. Using an international law approach, this article suggests what the scope and content of section 75(1)(a) might be.

THE VALUE OF LOVE IN THE SYSTEM OF FORMATION OF THE PROFESSIONAL MATURITY OF THE EDUCATOR

2020 ◽  
Vol 1 (10(79)) ◽  
pp. 12-18
Author(s):  
G. Bubyreva
Keyword(s):  
Russian Federation ◽  
The State ◽  
Educational Process ◽  
Wide Range ◽  
The Family ◽  
The Russian Federation ◽  
The Government ◽  
The Individual ◽  
The Right

The existing legislation determines the education as "an integral and focused process of teaching and upbringing, which represents a socially important value and shall be implemented so as to meet the interests of the individual, the family, the society and the state". However, even in this part, the meaning of the notion ‘socially significant benefit is not specified and allows for a wide range of interpretation [2]. Yet the more inconcrete is the answer to the question – "who and how should determine the interests of the individual, the family and even the state?" The national doctrine of education in the Russian Federation, which determined the goals of teaching and upbringing, the ways to attain them by means of the state policy regulating the field of education, the target achievements of the development of the educational system for the period up to 2025, approved by the Decree of the Government of the Russian Federation of October 4, 2000 #751, was abrogated by the Decree of the Government of the Russian Federation of March 29, 2014 #245 [7]. The new doctrine has not been developed so far. The RAE Academician A.B. Khutorsky believes that the absence of the national doctrine of education presents a threat to national security and a violation of the right of citizens to quality education. Accordingly, the teacher has to solve the problem of achieving the harmony of interests of the individual, the family, the society and the government on their own, which, however, judging by the officially published results, is the task that exceeds the abilities of the participants of the educational process.  The particular concern about the results of the patriotic upbringing served as a basis for the legislative initiative of the RF President V. V. Putin, who introduced the project of an amendment to the Law of RF "About Education of the Russian Federation" to the State Duma in 2020, regarding the quality of patriotic upbringing [3]. Patriotism, considered by the President of RF V. V. Putin as the only possible idea to unite the nation is "THE FEELING OF LOVE OF THE MOTHERLAND" and the readiness for every sacrifice and heroic deed for the sake of the interests of your Motherland. However, the practicing educators experience shortfalls in efficient methodologies of patriotic upbringing, which should let them bring up citizens, loving their Motherland more than themselves. The article is dedicated to solution to this problem based on the Value-sense paradigm of upbringing educational dynasty of the Kurbatovs [15].

Sources of the recognition of belligerent status

1977 ◽  
Vol 17 (192) ◽  
pp. 111-127 ◽  
Author(s):  
Charles Zorgbibe
Keyword(s):  
Civil War ◽  
19Th Century ◽  
The State ◽  
Sovereign Power ◽  
Equal Status ◽  
Positive Law ◽  
Unilateral Action ◽  
The Government ◽  
The Right ◽  
The 19Th Century

“Whenever a large organized group believes it has the right to resist the sovereign power and considers itself capable of resorting to arms, war between the two parties should take place in the same manner as between nations…” This statement by de Vattel in the 19th century seemed destined to take its place as a part of positive law, constituting part of what was known as recognition of belligerency, tantamount to the recognition by the established government of an equal status for insurgents and regular belligerents. When a civil war became extensive enough, the State attacked would understand that it was wisest to acknowledge the existence of a state of war with part of the population. This would, at the same time, allow the conflict to be seen in a truer light. The unilateral action of the legal government in recognizing belligerency would be the condition for granting belligerent rights to the parties. It would constitute a demonstration of humanity on the part of the government of the State attacked and would also provide that government with prospects for effective pursuit of the war. By admitting that it was forced to resort to war, it would at least have its hands free to make war seriously.

scholarly journals Rektor C.J.L. Almqvist och personlighetsprincipen

2014 ◽  
Vol 1 (2) ◽  
pp. 43-61
Author(s):  
Annika Ullman
Keyword(s):  
Elementary School ◽  
The State ◽  
The Political ◽  
Individual Freedom ◽  
Pilot School ◽  
The Government ◽  
Existential Dimension ◽  
The Right ◽  
Liberal Culture

Principal C.J.L. Almqvist and the principle of personalityThe Swedish author and visionary Carl Jonas Love Almqvist (1793–1866) was the principal for twelve years (1829–1841) of the government-initiated pilot school ”Nya Elementarskolan” (New Elementary School) in Stockholm. In this position, he argued that both the school and the state should be built on the same basic idea: the right of individual freedom. This argument is often referred to as ”personlighetsprincipen” (the principle of personality), a concept launched by another prominent figure of the liberal culture of the time, Erik Gustaf Geijer (1783–1847). This article explores how the principle of personality is expressed in the texts of Almqvist and is mainly built upon the concept’s allegorical resources. It examines the thesis that Almqvist’s use of the term is best understood if one distinguishes between the political, pedagogical, and existential dimension of the concept. The article ends with some thoughts about the context of the concept and a discussion on whether Almqvist had a greater interest in personalities than in principles.

The Politics of Paternalism

2015 ◽  
Author(s):  
Julian Le Grand ◽  
Bill New
Keyword(s):  
Well Being ◽  
The State ◽  
The Government ◽  
The Individual ◽  
The Right ◽  
Better Than

This chapter examines the politics of paternalism. It first considers the question of whether the government can do better than the individual, outlining a set of justifications for government paternalism and showing how the state can intervene to improve the well-being of its citizens. It then discusses possible ways in which the government could be held to account to ensure that, in its paternalistic interventions aimed at improving its citizens' well-being, it does actually pursue the “right” agenda. It argues that the government can indeed raise the well-being of individuals who suffer from reasoning failure, even when allowance is made for possible reasoning failure among those individuals who constitute the government. However, democratic mechanisms must be put in place to ensure that the latter do not pursue their own agenda and turn the paternalistic state into an instrument of authoritarianism.

Zee Films and the BCCI: The Award of Broadcasting Rights

2017 ◽  
pp. 1-12
Author(s):  
Akhileshwar Pathak
Keyword(s):  
Supreme Court ◽  
The State ◽  
Judicial Interpretation ◽  
The Supreme Court ◽  
The Government ◽  
The Right

The case discusses the issues related to Zee Tele Films Limited's claims that the Board of Cricket Control of India was “state” and could act arbitrarily in the award of telecasting rights. The “state” as defined in Article 12 includes “other authorities”, and these are subject to the constitutional limitations. The right to equality requires them to not act arbitrarily. A body which is an instrumentality or agency of the government is “other authority”. The term has been subject to judicial interpretation. The Supreme Court, by a majority judgement, in the Zee Tele Films Case ruled that the Board is not “other authorities” within Article 12 of the Constitution.

The Circulation of Value in Civil Society and the State

Hegel's Value ◽  
2021 ◽  
pp. 222-275
Author(s):  
Dean Moyar
Keyword(s):  
Civil Society ◽  
Living Organism ◽  
The State ◽  
Executive Power ◽  
System P ◽  
Full Structure ◽  
The Government ◽  
The Individual ◽  
The Right

This chapter utilizes the structure of life and valid inference to analyze the internal structure of Civil Society and the State as well as the relationship between the two institutional spheres. The chapter unpacks the passage from the Logic in which Hegel describes the State as a totality of inferences with the three terms of individuals, their needs, and the government. It is shown that the “system of needs” itself forms a quasi-living institutional system of estates centered on the division of labor. This system’s inadequacy motivates the role of the “police” and corporation as ethical agencies, forms of the Good, within Civil Society. While the move to the State overcomes the individualism of “needs,” the right of the individual remains in the dynamics of “settling one’s own account” in receiving from the State a return on one’s duty to the State. Hegel treats the State proper as a constitution consisting of three powers of government that form a totality of inferential relations that has the full structure of a living organism. The executive power is examined in detail as the particularizing element in the system.

Alcohol and Politics in France

1957 ◽  
Vol 51 (4) ◽  
pp. 976-994 ◽  
Author(s):  
Bernard E. Brown
Keyword(s):  
World War I ◽  
Large Scale ◽  
State Intervention ◽  
Domestic Market ◽  
The State ◽  
State Agency ◽  
The North ◽  
State Monopoly ◽  
The Government ◽  
The Right

“On jongle trop avec la structure d'un Pays qui a été, dans le monde, le défenseur de l'individu, de la liberté, du sens de la mesure. Un petit paysan sur sa terre, n'est-il pas humainement autre chose que le chômeur de demain ou l'ouvrier qui sera condamné à fabriquer toute sa vie des boulons?”Le Betteravier Français, September 1956, page 1.Large-scale state intervention in the alcohol market in France dates from World War I, when the government committed itself to encourage the production of alcohol. Two chief reasons then lay back of this decision: a huge supply of alcohol was needed for the manufacture of gunpowder, and the devastation of the beet-growing regions of the north had severely limited production of beet alcohol, thereby throwing the domestic market out of balance. A law of 30 June 1916, adopted under emergency procedure, established a state agency empowered to purchase alcohol. At the end of the war, a decree of 1919 accorded the government the right “provisionally” to maintain the state monopoly. In 1922 the beetgrowers and winegrowers gave their support to the principle of a state monopoly which, in effect, reserved the industrial market for beet alcohol and the domestic market for viticulture. In 1931 the state was authorized to purchase alcohol distilled from surplus wine.

scholarly journals An Integrated Approach to Redistribution: Issues of Policy, Economics and Information

2021 ◽  
Author(s):  
◽  
Mark Prebble
Keyword(s):  
New Zealand ◽  
Policy Development ◽  
Personal Information ◽  
Integrated Approach ◽  
Well Being ◽  
The State ◽  
Philosophical Foundations ◽  
The Government ◽  
The Individual ◽  
The Right

<p>This thesis considers how best to administer redistribution policies. It focuses particularly on the information needed to assess relative circumstances, the implications of the government collecting such information, and processes by which the appropriate information may be assembled and assessed. In New Zealand, as with many other OECD nations, the Government's redistribution policies are administered through a range of different agencies, with duplication in some areas and gaps in others. An integrated approach to redistribution systems may offer a means to improve equity and efficiency. Part One discusses the assessment of relative well-being, and adopts the choice set as the intellectual device for this purpose. The time period for the assessment of income is examined in detail, with the conclusion that a long period should be used except where the individual is constrained to operate under a short time horizon. A new concept of "bankability" is developed as a means of identifying those operating under such constraints. Part Two uses the philosophical foundations of the value of privacy to develop a new statement of the right to privacy, such that everyone should be protected against the requirement to divulge information, unless that information is the "business" of another party. A view on the business of the state depends on one's ideology of the state. Since it is generally accepted in New Zealand in the late twentieth century that the state has a role in redistribution, the state has some right to collect information for that purpose. However, the rights of the state are moderated by the existence of a common law tradition of respect for individuals. A set of criteria for evaluating redistribution systems is devised in Part Three. These criteria, which include consideration of the information to be collected, individual control over personal information, and administrative simplicity, are then used to identify significant weaknesses in the systems currently used in New Zealand. The main problems identified are the collection of inadequate information, duplication, and complex institutional structures; the main virtue of the current systems is that information provided is only used for the purpose for which it was provided. An alternative approach is outlined which would address the problems while retaining the current protection of privacy interests. This thesis is a mix of inter-disciplinary academic enquiry and policy development. Part One is an amalgam of economic and philosophical approaches, Part Two involves philosophy and politics, and Part Three applies the theoretical considerations to issues of public administration.</p>

scholarly journals CONFLICT OF FOREST RESOURCES AND ECOLOGICAL ADAPTATION STRATEGY

2019 ◽  
Vol 5 (15) ◽  
pp. 1483-1490
Author(s):  
Rita Rahmawati ◽  
Arya Hadi Dharmawan ◽  
Rilus Kinseng ◽  
Dudung Darusman
Keyword(s):  
Qualitative Method ◽  
Local Community ◽  
Adaptation Strategy ◽  
Forest Resources ◽  
The State ◽  
Ecological Adaptation ◽  
Cultural Tradition ◽  
Resource Conflicts ◽  
The Government ◽  
The Right

This study is focused on the adaptation strategy of the local community who has the problem of land rights. In Indonesia, all natural resources are subject to control and to manage by the state. As a ruler of the resources, the Government published any policy which provided revenue for the state, such as giving the right to industrial extraction of logging companies in the forest area. Whereas, many communities' lives depend on the forest. Forest resources are important for the Indonesian economy, as well as for the livelihood of communities who depend on the forest. It finds themselves in situations of conflict. The aim of the study is to analyse adaptation strategy of local community which is in the forest resource conflicts. The study used mix methods. A qualitative method with a focus on ecological adaptation and livelihood strategy, while the quantitative approach stresses defining the meaning of findings or facts that are deconstructed based on the subjective perspective of the researcher. The research held in two site, namely Sungai Utik Forest which Dayak Iban Community and Halimun Salak Mountain National Park which Kasepuhan community live. The result of the research showed that conflict of the forest resources have improved the adaptation strategy of the local community. Although various problems is already attacking them, local community still have loyalty to their tradition. They have own regulation to manage and utilize land, especially for managing forest and rice planting. Faithfulness in carrying this cultural tradition out are their ecological adaptation strategy. Keywords: Adaptation Strategy, Ecological Adaptation, Conflict of Forest Resources, Dayak Iban Community, Kasepuhan Community

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