scholarly journals SOCIAL CONTROL AND ANTI-CORRUPTION

Author(s):  
Талия Хабриева ◽  
Taliya Khabriyeva

The article contains main theses of the author’s speech at the VI Eurasian Anti-Corruption Forum “Social control as a key factor of anti-corruption” which took place in Moscow, 26—27 April 2017 within the frame of implementation of point 19 of National Anticorruption Plan 2016—2017. On the basis of analysis of international legal norms, provisions of national and foreign legislation, including open government institute’s regulation the concept of social control is formed, its place and role in modern anti-corruption politics are determined. The danger of distancing of state from the institutions of civil society is underlined, because it causes weakening of the whole state, provokes the intervention of external forces into internal affairs of the country. In the article the tendency is analyzed which consists in changing of the goal-setting of social control in the process of its legal consolidation and implementation by individual entities that invest in it a sense close to law enforcement, although it is exclusively a state function. Risks of deformed understanding of essence of social control are examined and new legal solutions of improving legislation in this area are proposed, in particular, conduction of complex evaluation of adaptive possibilities of international legal norms and determination of difficulties, related to assumption of obligations; the development of interstate implementation mechanisms; expansion of the circle of subjects of public control and activation of departmental monitoring of the activities of non-profit organizations. The author comes to the conclusion that it is necessary to form an international standard of anti-corruption social control, taking into account international legal acts and scientific research. At the same time, the concept of such a standard must be based on an understanding of its creative nature, the potential of cooperation between various social structures for the common good.

2020 ◽  
Vol 25 (1) ◽  
pp. 135-149
Author(s):  
Jan Siegemund

AbstractLibel played an important and extraordinary role in early modern conflict culture. The article discusses their functions and the way they were assessed in court. The case study illustrates argumentative spaces and different levels of normative references in libel trials in 16th century electoral Saxony. In 1569, Andreas Langener – in consequence of a long stagnating private conflict – posted several libels against the nobleman Tham Pflugk in different public places in the city of Dresden. Consequently, he was arrested and charged with ‘libelling’. Depending on the reference to conflicting social and legal norms, he had therefore been either threatened with corporal punishment including his execution, or rewarded with laudations. In this case, the act of libelling could be seen as slander, but also as a service to the community, which Langener had informed about potentially harmful transgression of norms. While the common good was the highest maxim, different and sometimes conflicting legally protected interests had to be discussed. The situational decision depended on whether the articulated charges where true and relevant for the public, on the invective language, and especially on the quality and size of the public sphere reached by the libel.


Author(s):  
Wolfgang Merkel ◽  
Lea Heyne

This chapter examines system change: the interval between an autocratic system and a new consolidated democracy. This transformation can be differentiated in to three phases: (1) the end of the autocratic system, (2) the institutionalization of democracy, and (3) the consolidation of democracy. The end of an autocratic system can be caused by internal legitimacy crises as well as external forces like military conflict, and follows different courses. During the institutionalization of democracy, political actors need to manage to establish institutions and norms that maintain a balance between particular interests and the common good in order to prevent a backslide into autocracy. The consolidation of democracy starts with the adaptation of a new constitution, and takes place on four levels: (a) constitutional consolidation, (b) representative consolidation, (c) behavioural consolidation, and (d) the consolidation of civil society. A democracy consolidated on all four levels has considerable reserves of resistance to meet exogenous destabilization shocks.


2019 ◽  
Vol 24 ◽  
pp. 3-30
Author(s):  
Tommi Lehtonen ◽  

The prisoner's dilemma famously shows that individuals seeking their own benefit end up with a worse outcome than could be achieved through cooperation. This dilemma provides an effective but neglected method for the study of the Hindu principle of "desireless action" (niṣkāmakarma). In the context of the prisoner's dilemma, one or the other of the following decision-making strategies is feasible for prisoners who want to follow the principle of "desireless action": (1) to be indifferent and to leave the decision to chance (e.g. by arbitrarily drawing lots) or (2) to pursue the common good or the benefit of the other (by remaining silent) instead of seeking primarily to benefit oneself (by confessing). The second strategy is more appropriate assuming the following: the followers of the principle of "desireless action" can be goal-oriented and target-driven, as long as unselfish goals are considered, while remaining indifferent and non-attached in terms of personal benefit. This interpretation is tested and further discussed in this article in light of the values of the modem environmental and anti-consumerist degrowth movement. A non-profit orientation and the emphasis on duties are shared by the concepts of degrowth and niṣkāmakarma. Social- or reality-centredness rather than self-centredness is also common to both concepts. The degrowth movement focuses on economic contraction and deceleration, and thus its scope is narrower and more specific than that of niṣkāmakarma. Moreover, the degrowth movement rejects economic grovrth because of its ecologically and socially harmful effects, such as pollution and income inequality, but it is - at least in theory - indifferent to the harmless results of economic activities. On the contrary, the principle of niṣkāmakarma involves a critical stance toward both good and bad results of actions, insofar as they are pursued because of self-regarding desires.


2020 ◽  
Vol 26 (6) ◽  
pp. 534-541
Author(s):  
Maximilian Haag ◽  
Michael Tischendorf

Abstract Most German foundations serve the common good. Nevertheless, setting up a private foundation in Germany has proven to be a valuable instrument in private wealth management and estate planning. About 5% of all German foundations are the so-called family foundations with the purpose of serving the interests of one or more families. There are numerous possible areas of application, such as business succession, asset protection, estate planning, and/or use of tax advantages. This article is intended to describe the concept of the German family foundation, its establishment, constitution, and termination, as well as its taxation, in order to provide an overview of its advantages, disadvantages, and possible applications. The German non-profit foundation shall not be discussed.


2020 ◽  
Vol 35 (2) ◽  
pp. 143-166
Author(s):  
Wioletta Dziarnowska

Past decades have shown an increase in interest in the phenomenon of morality, as well as its most sophisticated manifestations, which are philanthropic activities, in the field of cognitive science – a multidisciplinary research program of the mind and its role in intelligent behaviour. The article shows – applying the aforementioned perspective – that morality, along with all its altruistic expressions, is understood as the result of the biological evolution of the human race. It is based on various neuronal mechanisms responsible for the psychological processes that make up our moral mind, e.g. moral intuitions, moral emotions and moral reasoning. In recent years, issues related to charity have become one of the important subjects of cognitive research. In their light, it turned out, among others, that altruistic human inclinations, not only devoting one’s time, skills or money to help a person, but also support for more abstract ideas related to the common good are supported by various brain mechanisms strengthening our selfless motivations. It was concluded that the progress of scientific research on the relationship between the „moral brain” and the world in need of help would reveal the most effective ways of strengthening human philanthropic involvement and more effective impact of non-profit institutions.


2002 ◽  
Vol 45 (3-4) ◽  
pp. 181-210
Author(s):  
Janusz Gręźlikowski

Synod legislators from Wloclawek, while determining in detail the rights and duties of the deans, wanted them to guarantee increase of discipline, morality and Ethics amongst the priesthood as well as to contribute to revival of priesthood and were the tool of introduction into parish life the common, provincial and diocesan law. First of all, the following synods: bishop’s Stanislaw Kamkowski (1568) and bishops’s Hieronim Rozrażewski (1585,1586,1589 and 1598) as well as synods of bishop’s: Pawel Wolucki’s (1617, 1620 and 1622), Andrzej Lipski; s (1628) and Maciej Lubienski’s (1634) had decisive influence on from of dean’s office in Wloclawek diocese, its functioning and tasks. Amongst the tasks and duties of the deans, decanal congregations had very important role and greatness. They were considered as important tool of forming church discipline amongst the priesthood by oil Wloclawek’s synods post-trident period undertaking this subject. Synod legislators, referring to regulations of Trident Council, to Pastoral of cardinal Maciejowski and to resolutions of provincial synods, had obliged the deans to regular conventions of decanate priesthood as assemblies two times a year and they determined in detail the course, role and tasks of these decanal assemblies. By paying big attention to them in synod’s resolutions, they realized, how significant they role can be in revival of priesthood and increase of priesthood church discipline. Analyze of Wloclawek synod legislation allows to native in it certain continuity, when we are talking abut the contents of statutes dispositions. Bishop Stanislaw Kamkowski, a big protagonist of introduction of Trident reform into Wloclawek Church life, on his first synod in 1568 had initiated decanal congregations as meetings that gather priesthood, on which the dean was entitled to examine the decanate priesthood from education and existence and he had a duty to devolve necessary knowledge from theology and law. Merit of bishop Hieronim Rozrażewski was reactivation of decanal structures, revival and increase of the range of dean’s office as well as detailed determination of tasks and duties of deans, including those which are referring to congregations. On the base of legal norms of these two bishops, the following bishops: Pawel Wolucki and Andrzej Lipski had built legal regulations referring to dean’s office, structures and decanal congregations and also they had made more detailed. Bishop Maciej Lubieński, on synod in 1634, took care of decanal congregations to the highest extent. His directives included in synod’s resolutions can be called instruction for these meetings, however those directives were never called that way. In should be admitted that Trident reform within the range of revival and stimulation of decanal structures, amongst the others, thanks to reinforcement of dean’s office, determination of its duties and tasks and thanks to decanal congregations, found the appropriate understanding in synod legislation in Włocławek. It should be also supposed that in the second half of XVII century and later, after cessation of synod activity in Wloclawek diocese, dean’s office has been still developing and it played important role in priesthood and decanal congregations along with it.


2020 ◽  
pp. 95-106
Author(s):  
Evangelia Papaloi ◽  

Employee voice is a key-factor which fosters both personal and organisational development. However, in recent years, there is a concern sinceit appears that employees do not feel confident enough to speak out at work and hide their feelings and points. The scope of this research is to explore dimensions of organisational voice expressed by teachers at school, according to personal and contextual parametres. For our research purposes, 313 questionnaires were distributed to school teachers throughout Greece.The results revealthat teachers seem to express their own points and feelings actively and without fear. Moreover, they appear to vividly propose actions for the common good. Furthermore, it appears that there exists a strong relation between dimensions of voice, years in service, type of educational establishment and place of work while, gender does not affect the way teachers express themselves. We stress that, organisational voice as perceived and expressed in professional environments, constitutes an indicator and a valuable factor closely related to organisational effectiveness and development.


2020 ◽  
Vol 12 (22) ◽  
pp. 9511
Author(s):  
Carmen Talavera ◽  
Joan R. Sanchis

The model of the Economy for the Common Good (ECG) has cooperation as one of its main principles. This alternative economic model proposes to prioritize cooperation over competition to favor the creation of social value. From this point of view, strategic alliances between organizations can be used as an instrument that supports implementation of the ECG model. In recent years, alliances between for-profit and non-profit entities have been strengthened as a method to facilitate actions focused on social responsibility and sustainability. Moreover, the ECG model has become an adequate management framework for corporate sustainability. This work aims to connect alliances between for-profit and non-profit organizations with the ECG model. First, this connection is manifested in a theoretical way. This paper is going to analyze how such alliances can contribute to increasing the values of the ECG model: human dignity, solidarity and social justice, environmental sustainability, and transparency and codetermination. Afterwards, this work analyzes two cases of this type of alliance—Grupo Vips-Fundación Hazlo Posible and Danone Foods-Grameen Bank—to determine the benefits that this type of cooperation can provide to society. We study their motives and the benefits that they bring to the organizations and the community. Therefore, this work assesses how these types of alliances influence the different topics included in the Common Good Matrix. Moreover, we conduct a comparative analysis between both cases. This work demonstrates that, by implementing this type of strategic alliances, the creation of social value is favored, thus contributing to implementation of the ECG model.


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