Bad subjects: Epistemic violence at arraignment

2018 ◽  
Vol 24 (2) ◽  
pp. 353-369
Author(s):  
Emily Brissette
Keyword(s):  
Due Process ◽  
State Power ◽  
The State ◽  
Subject Position ◽  
Arbitrary State ◽  
Face To Face ◽  
Epistemic Violence

While arraignment is meant to serve as a check on arbitrary state power, actualizing defendants’ rights to due process, it is also a key site wherein individuals come face to face with the state. This article theorizes the epistemic violence inherent in that encounter and embedded in routine court practices. Drawing on ethnographic observations of misdemeanor arraignments, this article explores how the state produces and marshals knowledge of the accused: interpellating most defendants into a degraded subject position, actively silencing their attempts to know otherwise, and making racialized moral evaluations of their worthiness. Together these practices constitute epistemic violence, inflicting injury through their assault on defendants’ dignity and personhood and through their justification and reproduction of more material harms.

KEY ASPECTS OF TRANSFORMATION OF THE STATE AUTHORITIES IN THE WORLD AND TO THE MODERN SOVERUM UKRAINE: A JOINT AND PERSONALITY

2018 ◽  
Vol 1 (11) ◽  
pp. 164-174
Author(s):  
Оlena Fedorіvna Caracasidi
Keyword(s):  
Separation Of Powers ◽  
Human Life ◽  
State Power ◽  
The State ◽  
Public Power ◽  
The People ◽  
Large Numbers ◽  
The World ◽  
Distribution Of Power ◽  
Key Aspects

The article deals with the fundamental, inherent in most of the countries of the world transformation of state power, its formation, functioning and division between the main branches as a result of the decentralization of such power, its subsidiarity. Attention is drawn to the specifics of state power, its func- tional features in the conditions of sovereignty of the states, their interconnec- tion. It is emphasized that the nature of the state power is connected with the nature of the political system of the state, with the form of government and many other aspects of a fundamental nature.It is analyzed that in the middle of national states the questions of legitima- cy, sovereignty of transparency of state power, its formation are acutely raised. Concerning the practical functioning of state power, a deeper study now needs a problem of separation of powers and the distribution of power. The use of this principle, which ensures the real subsidiarity of the authorities, the formation of more effective, responsible democratic relations between state power and civil society, is the first priority of the transformation of state power in the conditions of modern transformations of countries and societies. It is substantiated that the research of these problems will open up much wider opportunities for the provi- sion of state power not as a center authority, but also as a leading political structure but as a power of the people and the community. In the context of global democratization processes, such processes are crucial for a more humanistic and civilized arrangement of human life. It is noted that local self-government, as a specific form of public power, is also characterized by an expressive feature of a special subject of power (territorial community) as a set of large numbers of people; joint communal property; tax system, etc.

Interaction of the State and Business on Indicators of Values and Innovations of Public Health

2019 ◽  
pp. 27-37
Author(s):  
V.A. Morozov
Keyword(s):  
Public Health ◽  
State Power ◽  
The State ◽  
Medical Institutions ◽  
Business Structures

The article analyzes the state of public health on the example of domestic and foreign statistics, as well as prospects for its development and improvement. The state of relations and forms of interaction of budgetary medical institutions (state, municipal) with private clinics, as well as directly private clinics with the structures of municipal and state power are considered. The directions and ways of interaction of power and business structures for improvement of methods and forms of service of patients on the basis of indicators of values and innovations are offered.

Suffering Spectators of Development

2017 ◽  
Author(s):  
Arjun Chowdhury
Keyword(s):  
Civil Wars ◽  
Central Government ◽  
State Capacity ◽  
State Power ◽  
The State ◽  
Colonial Period ◽  
Alternative View

This chapter offers an alternative view of the incidence and duration of insurgencies in the postcolonial world. Insurgencies and civil wars are seen as the primary symptom of state weakness, the inability of the central government to monopolize violence. Challenging extant explanations that identify poverty and low state capacity as the cause of insurgencies, the chapter shows that colonial insurgencies, also occurring in the context of poverty and state weakness, were shorter and ended in regime victories, while contemporary insurgencies are longer and states are less successful at subduing them. The reason for this is the development of exclusive identities—based on ethnicity, religion, tribe—in the colonial period. These identities serve as bases for mobilization to challenge state power and demand services from the state. Either way, such mobilization means that popular demands for services exceed the willingness to disarm and/or pay taxes, that is, to supply the state.

‘Party in the street’: The partisan politics of space

2021 ◽  
pp. 239965442110338
Author(s):  
David Jenkins ◽  
Lipin Ram
Keyword(s):  
Public Sphere ◽  
Public Space ◽  
State Power ◽  
Public Spaces ◽  
The State ◽  
Political Community ◽  
Democratic Legitimacy ◽  
Partisan Politics ◽  
The Public ◽  
The Public Sphere

Public space is often understood as an important ‘node’ of the public sphere. Typically, theorists of public space argue that it is through the trust, civility and openness to others which citizens cultivate within a democracy’s public spaces, that they learn how to relate to one another as fellow members of a shared polity. However, such theorizing fails to articulate how these democratic comportments learned within public spaces relate to the public sphere’s purported role in holding state power to account. In this paper, we examine the ways in which what we call ‘partisan interventions’ into public space can correct for this gap. Using the example of the Communist Party of India (Marxist) (CPIM), we argue that the ways in which CPIM partisans actively cultivate sites of historical regional importance – such as in the village of Kayyur – should be understood as an aspect of the party’s more general concern to present itself to citizens as an agent both capable and worthy of wielding state power. Drawing on histories of supreme partisan contribution and sacrifice, the party influences the ideational background – in competition with other parties – against which it stakes its claims to democratic legitimacy. In contrast to those theorizations of public space that celebrate its separateness from the institutions of formal democratic politics and the state more broadly, the CPIM’s partisan interventions demonstrate how parties’ locations at the intersections of the state and civil society can connect the public sphere to its task of holding state power to account, thereby bringing the explicitly political questions of democratic legitimacy into the everyday spaces of a political community.

Termination of Skilled Nursing Facility Medicaid Provider Agreements: Procedural Due Process Requirements

1981 ◽  
Vol 6 (4) ◽  
pp. 451-493
Author(s):  
Nancy Elizabeth Jones
Keyword(s):  
Due Process ◽  
Skilled Nursing Facility ◽  
Health And Safety ◽  
The State ◽  
Federal Regulations ◽  
Nursing Facility ◽  
Skilled Nursing ◽  
Medicaid Reimbursement ◽  
Emergency Situations ◽  
Procedural Due Process

AbstractWhen a state Medicaid agency terminates its provider agreement with a skilled nursing facility, federal regulations give the state the option of providing a pretermination evidentiary hearing; they do not, however, require that a state provide such a hearing. If a state chooses not to grant a pretermination hearing, as a number of states have done, federal regulations require: (1) an informal written reconsideration made by the state and submitted to the skilled nursing facility before the effective date of the termination, and (2) a posttermination evidentiary hearing.This Article argues that a skilled nursing facility has a right under the due process clauses of the fifth and fourteenth amendments of the U. S. Constitution to an evidentiary hearing before termination of its Medicaid provider agreement. The author claims that a skilled nursing facility's interest in continued receipt of Medicaid reimbursement under its provider agreement is a property interest entitled to constitutional due process protections, and not merely an expectation of economic benefit that does not implicate constitutional due process considerations.The Article concludes that, except in emergency situations, state Medicaid agencies are constitutionally required to grant a provider a pretermination, rather than a posttermination, evidentiary hearing. This procedure would protect the provider and its patients from the severe effects of an erroneous termination, while furthering the governmental interest in ensuring the health and safety of skilled nursing facility patients. The format for such a hearing should allow for the participation, with the assistance of counsel, of both the skilled nursing facility and its patients.

scholarly journals Greatly increased Victorian outpatient private psychiatric care during the COVID-19 pandemic: new MBS-telehealth-item and face-to-face psychiatrist office-based services from April–September 2020

2021 ◽  
pp. 103985622110061
Author(s):  
Jeffrey C L Looi ◽  
Stephen Allison ◽  
Stephen R Kisely ◽  
William Pring ◽  
Rebecca E Reay ◽  
...  
Keyword(s):  
Patient Care ◽  
Federal Government ◽  
Psychiatric Care ◽  
The State ◽  
Specialist Care ◽  
Total Patient ◽  
Face To Face ◽  
Video Telephone ◽  
Patient Assessments ◽  
Private Specialist

Objective: The Australian Federal government introduced new COVID-19-Psychiatrist-Medicare-Benefits-Schedule (MBS) telehealth-items to assist with providing private specialist care. We investigate private psychiatrists’ uptake of telehealth, and face-to-face consultations for April–September 2020 for the state of Victoria, which experienced two consecutive waves of COVID-19. We compare these to the same 6 months in 2019. Method: MBS-item-consultation data were extracted for video, telephone and face-to-face consultations with a psychiatrist for April–September 2020 and compared to face-to-face consultations in the same period of 2019 Victoria-wide, and for all of Australia. Results: Total Victorian psychiatry consultations (telehealth and face-to-face) rose by 19% in April–September 2020 compared to 2019, with telehealth comprising 73% of this total. Victoria’s increase in total psychiatry consultations was 5% higher than the all-Australian increase. Face-to-face consultations in April–September 2020 were only 46% of the comparative 2019 consultations. Consultations of less than 15 min duration (87% telephone and 13% video) tripled in April–September 2020, compared to the same period last year. Video consultations comprised 41% of total telehealth provision: these were used mainly for new patient assessments and longer consultations. Conclusions: During the pandemic, Victorian private psychiatrists used COVID-19-MBS-telehealth-items to substantially increase the number of total patient care consultations for 2020 compared to 2019.

State Power in Mozambique

1978 ◽  
Vol 8 (1) ◽  
pp. 4-11
Author(s):  
James H. Mittleman
Keyword(s):  
State Power ◽  
The State ◽  
Socialist Economy ◽  
National Liberation ◽  
Essential Factor ◽  
Ruling Class ◽  
Working Classes ◽  
State Apparatus ◽  
Political Act ◽  
Vexing Question

After winning a war of national liberation, FRELIMO faces the vexing question of whether socialism now can be established. With respect to Guinea-Bissau, Amilcar Cabral emphasized: ‘This depends on the instruments used to effect the transition to socialism; the essential factor is the nature of the state....“ No doubt his statement was premised on the belief that socialism begins with the conquest of the state by the producing classes. They must seize the state apparatus to defeat the ruling class whose power is concentrated there. Both the means of coercion and the forces that reproduce the system itself are part of this domain. It is only by gaining control of state power, which is a political act, that the working classes can subsequently organize a socialist economy.

Enkev Beheer BV (of the Netherlands) v. Republic of Poland

ICSID Reports ◽  
2021 ◽  
Vol 19 ◽  
pp. 630-648
Keyword(s):  
Due Process ◽  
The State ◽  
Third Party ◽  
Waiting Period ◽  
Content Type ◽  
Fair And Equitable Treatment ◽  
Just Compensation ◽  
Default Rules ◽  
Equitable Treatment ◽  
Almost All

630Procedure — Addition of a party — Conditional application — UNCITRAL Rules, Article 22 — UNCITRAL Rules, Article 17 — Whether the UNCITRAL Rules or lex loci arbitri allowed for applications to be made conditional on a tribunal’s future decision — Whether the application was consistent with the State’s procedural rights — Whether the amendment to a claim under Article 22 of the UNCITRAL Rules allowed for the addition of a third party as claimantJurisdiction — Investment — Shares — Whether an investor’s shares and rights derived from those shares were protected investments under the BITJurisdiction — Investment — Assets of subsidiary — Whether profits, goodwill or know-how of a local subsidiary constituted investments of the investor protected by the BITJurisdiction — Consent — Cooling-off period — Premature claims — Whether the investor had communicated its own claims rather than those of its local subsidiary — Whether the investor’s failure to comply with a waiting period of six months under the BIT required a tribunal to deny jurisdiction or admissibility — Whether the negotiation of a local subsidiary’s dispute in good faith was relevant to jurisdiction over a foreign investor’s claimsInterpretation — Cooling-off period — VCLT, Article 31 — Object and purpose — Whether the object and purpose of the BIT required a tribunal not to adopt a strict or formalistic interpretation of the waiting period of six monthsRemedies — Declaratory award — Interpretation — Just compensation — Whether the tribunal had jurisdiction under the BIT to make a declaratory award on the interpretation and application of the term “just compensation”Jurisdiction — Dispute — Whether the tribunal had jurisdiction under the BIT to advise the parties of an imminent disputeExpropriation — Direct deprivation — Shares — Rights derived from shares — Whether the State directly deprived the investor of its rights as a shareholder in its local subsidiaryExpropriation — Indirect deprivation — Shares — Rights derived from shares — Whether the shares had lost all or almost all significant commercial value — Whether the measures were adopted in the public interest — Whether due process had been followed — Whether there were any undertakings by the StateExpropriation — Interpretation — “Just compensation” — Whether there was any difference between the terms of the BIT and general international law — Whether the meaning of just compensation could be determined in the abstract631Fair and equitable treatment — Whether the impending expropriation constituted a breach of the standard of fair and equitable treatment — Whether the claim concerned the investor’s rights derived from sharesFull protection and security — Whether the State failed to protect an investment from expropriation by local authorities — Whether the claim concerned the investor’s rights derived from sharesUmbrella clause — Whether there was any assurance directed at the investor that created any legal obligations — Whether the claim concerned the investor’s rights derived from sharesCosts — Arbitration costs — Variation by agreement — UNCITRAL Rules — Whether the terms of the BIT varied the default rules for the allocation of arbitration costs

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