5. The State: Inside Colonial Violence, Law, and Order

2017 ◽  
pp. 121-148
Keyword(s):  
The State ◽  
Law And Order ◽  
Colonial Violence

LEGAL EDUCATION FOR PENAL OFFICIALS AS ONE OF THE MEANS TO FIGHT CORRUPTION

2021 ◽  
pp. 58-61
Author(s):  
Надежда Владимировна Романова
Keyword(s):  
National Security ◽  
Russian Federation ◽  
Public Service ◽  
Effective Means ◽  
Legal Education ◽  
The State ◽  
Law And Order ◽  
Educational Activities ◽  
The Russian Federation ◽  
Positive Results

В статье автором изучен такой общественно опасный феномен как коррупция, в частности, коррупционные правонарушения сотрудников УИС, вызывающие наибольший резонанс и создающие реальную угрозу не только пенитенциарной, но и национальной безопасности государства, поскольку именно сотрудники УИС должны являться гарантом обеспечения законности, правопорядка и справедливого исполнения наказаний. Показывается, что в борьбе с данным негативным явлением одним из эффективных средств является правовое просвещение и воспитание, поскольку причиной многих коррупционных правонарушений, совершаемых в УИС, является правовая безграмотность сотрудников. На основе проведенного анкетирования были изучены содержание, формы и методы работы сотрудниками УИС по правовому просвещению в рамках профилактической деятельности в борьбе с коррупцией в УИС. Автор приходит к выводу, что достижение реальных результатов в деле формирования атмосферы нетерпимости к коррупционным проявлениям, подрывающим авторитет государственной службы в Российской Федерации, возможно только путем консолидации всех усилий, а проводимый комплекс информационно-пропагандистских и просветительских мероприятий дает положительные результаты. In the article the author studied such socially dangerous phenomenon as corruption, in particular - corruption offenses of CES employees, causing the greatest resonance and creating a real threat not only to penitentiary, but also to national security of the state, since it is the CES employees should be the guarantor of legality, law and order and fair execution of punishment. It is shown that one of the effective means to combat this negative phenomenon is legal enlightenment and education, since the cause of many corruption offenses committed in the CES is the legal illiteracy of employees. The content, forms and methods of work on legal education as part of preventive anti-corruption work with employees of prisons have been studied on the basis of the questionnaire. The author concludes that the achievement of real results in the formation of an atmosphere of intolerance to corrupt practices that undermine the authority of public service in the Russian Federation is possible only through the consolidation of all efforts, and the ongoing set of outreach and educational activities gives positive results.

scholarly journals Legal bases of participation of institutes of civil society are in providing of informative safety of Ukraine

1970 ◽  
pp. 142-146
Author(s):  
Pavlo Yakovlev
Keyword(s):  
Civil Society ◽  
The State ◽  
State Sovereignty ◽  
Economic Power ◽  
Law And Order ◽  
Joint Activity ◽  
Modern Period ◽  
State Administration ◽  
Legal Forms ◽  
Legal Mechanism

In the article legislative bases of participation of institutes of civil society are illuminated in providing of informative safety of the state. Attention is accented on that informative safety of Ukraine in a modern period is the mortgage of maintenance of the proper level of law and order in society, providing of state sovereignty, integrity and economic power of country. On the basis of analysis of norms of Constitution of Ukraine, and also legislative acts in the field of information and national safety, the state of legislative settlement of participation of institutes of civil society is described in realization of the events sent to providing of informative safety of the state. Underline, that in modern Ukraine President as country's Leader is the basic subject of creation of norms in the field of adjusting of cooperation of the system of state administration and civil society on questions providing of informative safety.          Reasonably, that on present tense in the system of national legislation of Ukraine a question is regulated not enough in relation to the administrative legal forms of cooperation of the system of state administration and civil society in the questions of providing of informative safety of the state. Also, the indefinite is remained by a question in relation to the legislative fixing of concepts "informative safety" and "institutes of civil society". Normative settlement is needed also by possibilities for the institutes of civil society to get having a special purpose information on questions informative safety and (or) informative sovereignty of Ukraine. It is noticed on the insufficient adjusting of questions in relation to the culture of the use of facilities of treatment of information and methods of her defence. It is marked that in legal science there are a doctrine ground of optimal administrative legal mechanism of joint activity of institutes of civil society and states on questions, that touch an exposure and counteraction to the threats of informative safety of Ukraine directly, perspective directions of research.

Spirits in a Material World

2020 ◽  
pp. 158-164
Author(s):  
Trais Pearson
Keyword(s):  
Economic Inequality ◽  
Legal Protection ◽  
The State ◽  
Law And Order ◽  
Material World ◽  
Modes Of Action ◽  
Compensatory Payment

This epilogue considers acquittal through the absolution of the apparition—where supernatural beings help to dictate the actions and fates of the living. It is only in the latter world that it makes sense for one to undertake kan-tham khwan, the action of making amends for a lost life through a compensatory payment made to the spirit of the deceased. The chapter illustrates that, insofar as kan-tham khwan masquerades as a payment made to placate the spirit of the deceased, it conforms to the logic and spirit of traditional forms of remediation for lost life. It is a testament to the survival of customary modes of action in an age of ostensibly normalized and homogeneous forms of law and order. At the same time, however, it is a form of action that imparts indemnification or legal protection for the injurer or culpable party. In this respect, kan-tham khwan participates in the long-standing logic of noblesse oblige, whereby social superiors are entitled to make amends for potentially wrongful actions that cost the lives of their subordinates. Within this backdrop, the chapter draws some inferences on the state of social and economic inequality in contemporary Thailand.

Introduction

2020 ◽  
pp. 1-32
Author(s):  
Georg Wenzelburger
Keyword(s):  
Research Design ◽  
State Of The Art ◽  
Party Politics ◽  
The State ◽  
Law And Order

Chapter 1 gives an overview of the politics of law and order and presents the research design for the volume. Based on a discussion of the state of the art, it argues why it is crucial to analyze party politics to fully understand why some countries moved law and order policies toward the more repressive poles while others didn’t follow the same path.

Bilateral Solutions

2020 ◽  
pp. 23-46
Author(s):  
Pallavi Raghavan
Keyword(s):  
The State ◽  
Law And Order ◽  
State Apparatus ◽  
Boundary Force ◽  
The Law ◽  
Bilateral Mechanism ◽  
Foreign Ministries ◽  
Diplomatic Architecture

In this chapter, I highlight how the administrative response to the immediate fallout of the partition, was determined foremost by how it could be bilaterally handled, rather than being governed by any other consideration—including, for instance, the necessity of bringing immediate relief to the law and order question. I examine how the Partition Council approached the question of setting up the foreign ministries for India and Pakistan in August, 1947, and the importance that was given to having a diplomatic architecture in place that could handle the inter-face between India and Pakistan on issues relating to abducted women, and the Punjab Boundary Force. In many ways, notwithstanding the glaring inadequacies of the state apparatus in being able to contain the violence around partition, what was given importance was the ability to produce a bilateral mechanism to deal with partition’s fallout.

scholarly journals The State of Emergency in India: Böckenförde's Model in a Sub-National Context

2018 ◽  
Vol 19 (2) ◽  
pp. 197-218
Author(s):  
Shylashri Shankar
Keyword(s):  
Central Government ◽  
State Level ◽  
The State ◽  
Model Structure ◽  
Law And Order ◽  
State Of Emergency ◽  
Difficult Situation ◽  
The Rule Of Law ◽  
Administrative Organization ◽  
National Emergency

The Constitution of India envisages three types of emergencies: A national emergency; a state emergency (in the federal setup, regions are called states in India, and the central government has the power to impose an emergency if there is a breakdown of law and order in that state); and a financial emergency. The problem the State faces is how it can respond effectively to exceptional situations without casting its adherence to the rule of law into question.“ Ernst-Wolfgang Böckenförde offers a set of solutions within a model structure anchored in constitutional laws. The model structure, which applies at the federal level, advocates a separation between the authorizing agency—the political wing—and the implementation agency, as well as creating a distinction between a ”law“ and a ”measure,“ and between a most extreme and a merely difficult situation. By focusing on the actions of the higher judiciary in India, this Article tests whether the safeguards in Böckenförde's model structure function at the sub-national state level in a very different geography and context. The results highlight the concern that the dynamics of democracy and the reality of how political power is garnered in a federal Westminster style framework effectively stymie the procedural innovations introduced by Böckenförde's model by creating conditions, not for fair play, but for subverting the spirit of the law. Even the procedures outlined by Böckenförde—such as an emphasis on making the agent who holds the emergency powers a political, and not merely an administrative organization—accentuates, rather than mitigates, this problem.

‘Secularism’ as understood and interpreted by Hindu nationalists

2018 ◽  
Vol 17 (4) ◽  
pp. 533-551
Author(s):  
Krzysztof Iwanek
Keyword(s):  
The State ◽  
The Other ◽  
Law And Order ◽  
Indian State

Abstract This article focuses on how Hindu nationalists interpret the term ‘secularism’ in Hindi. I will refer to two Hindi translations of ‘secularism’: dharmnirpekṣtā and panthnirpekṣtā. The first one means indifference towards religion and the second indifference towards communities. My main point is that the Hindu nationalists’ strategy of referring to old, Sanskrit meanings of dharm (which means ‘law’ and ‘order’ aside ‘religion’ and other concepts) make it possible for them to criticise dharmnirpekṣtā and choose panthnirpekṣtā instead. Their position is that the state can only be indifferent to communities and not to dharm, as the latter would also mean being indifferent to ‘law’ and ‘order’. Such an approach helps the Hindu nationalists to claim to be in agreement with the idea of secular Indian state on one hand and promote their religion-linked ideology on the other.

Democritus on Politics and the Care of the Soul

1989 ◽  
Vol 39 (2) ◽  
pp. 307-331 ◽  
Author(s):  
J. F. Procopé
Keyword(s):  
The State ◽  
Law And Order ◽  
Public Office

A number of Democritean fragments may loosely be called ‘political’, concerned as they are with questions to do with the π⋯λις – with government, with the duties and dangers of public office, with justice, law and order. The majority of them (B 248–66) have been preserved in chapters of Stobaeus’ anthology entitled ‘On the State’ (iv 1), ‘On Laws and Customs’ (iv 2), ‘On Government’ (iv 5).

The origins of governments: from anarchy to hierarchy

2010 ◽  
Vol 6 (2) ◽  
pp. 215-242 ◽  
Author(s):  
MATTHEW BAKER ◽  
ERWIN BULTE ◽  
JACOB WEISDORF
Keyword(s):  
Population Size ◽  
Empirical Evidence ◽  
Threshold Value ◽  
Cross Cultural ◽  
The State ◽  
Evidence Based ◽  
Law And Order ◽  
Efficient Level ◽  
Development Trajectories

Abstract:We analyze development trajectories of early civilizations where population size and technology are endogenous, and derive conditions under which such societies optimally ‘switch’ from anarchy to hierarchy – when it is optimal to elect and support a ruler. The ruler provides an efficient level of law and order, but creams off part of society's surplus for his own consumption. Switching to hierarchy occurs if the state of technology exceeds a threshold value, but societies may also be ‘trapped’ at lower levels of technology, perpetuating conditions of anarchy. We present empirical evidence based on the Standard Cross Cultural Sample that support the model's main predictions.

scholarly journals Basic approaches to understanding the concept of the legal system

2020 ◽  
pp. 24-26
Author(s):  
Andrii TALYMONCHYK
Keyword(s):  
Legal System ◽  
Basic Research ◽  
Legal Regulation ◽  
The State ◽  
Point Of View ◽  
Soviet Period ◽  
Main Function ◽  
Law And Order ◽  
Basic Approaches ◽  
Theory Of Law

Introduction. The article analyzes the methodology of the legal system research. The basic approaches to understanding the concept of the legal system as an autonomous, coherent and coherent set of legal phenomena, aiming to comprehend social ideals-values of justice, equality, freedom and humanism and to achieve the end result of its functioning, in particular, the state of law and order. The position of eminent scientists is supported according to which the legal system is considered from the point of view of the functions it performs, and in particular its main function - legal regulation. The legal system is a fundamental category of the theory of law and the state and law in general. Thus, according to some researchers, it includes all legal phenomena, in particular: the system of law and law, justice and legal culture, law and order, etc. In view of this, the legal system has been and is the object of much basic research. The purpose of the paper is to reveal the main approaches to understanding the concept of legal system. Results. An active study of the legal system as a phenomenon began in the 80s of the last century. Since then, several approaches to understanding the legal system have emerged in domestic jurisprudence. Proponents of the first approach include in the concept of the legal system is not an exhaustive list of elements. This position is based on understanding the legal system as a complex of all legal phenomena of a particular society. Representatives of the second approach provide a comprehensive list of elements of the legal system. However, for the most part, such scientists do not specify the criteria for selecting such elements. Today's understanding of the legal system must be free from unnecessary elements that are alien to the legal system. In this case, it is a so-called "legal" or "legal" add-on. It was this alien element that artificially burdened the construction of the legal system as a phenomenon in the Soviet period. However, this element is still included in the legal system in modern scientific literature. Conclusion. The legal system is an autonomous, coherent, coherent set of legal phenomena, the purpose of which is to comprehend the social ideals-values of justice, equality, freedom and humanism and to achieve the end result of its functioning, and in particular the state of law and order.

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