scholarly journals Has social justice any legitimacy in Kant's theory of right? The empirical conditions of the legal state as a civil union

2014 ◽  
Vol 37 (2) ◽  
pp. 127-146
Author(s):  
Nuria Sánches Madrid

This paper aims at shedding light on an obscure point in Kant's theory of the state. It discusses whether Kant's rational theory of the state recognises the fact that certain exceptional social situations, such as the extreme poverty of some parts of the population, could request institutional state support in order to guarantee the attainment of a minimum threshold of civil independence. It has three aims: 1) to show that Kant's Doctrine of Right can offer solutions for the complex relation between economics and politics in our present time; 2) to demonstrate the claim that Kant embraces a pragmatic standpoint when he tackles the social concerns of the state, and so to refute the idea that he argues for an abstract conception of politics; and 3) to suggest that a non-paternalistic theory of rights is not necessarily incompatible with the basic tenets of a welfare state.

2021 ◽  

This volume examines Arnold Gehlen’s theory of the state from his philosophy of the state in the 1920s via his political and cultural anthropology to his impressive critique of the post-war welfare state. The systematic analyses the book contains by leading scholars in the social sciences and the humanities examine the interplay between the theory and history of the state with reference to the broader context of the history of ideas. Students and researchers as well as other readers interested in this subject will find this book offers an informative overview of how one of the most wide-ranging and profound thinkers of the twentieth century understands the state. With contributions by Oliver Agard, Heike Delitz, Joachim Fischer, Andreas Höntsch, Tim Huyeng, Rastko Jovanov, Frank Kannetzky, Christine Magerski, Zeljko Radinkovic, Karl-Siegbert Rehberg and Christian Steuerwald.


2021 ◽  
Vol 06 (04(01)) ◽  
pp. 72-77
Author(s):  
Iryna Kolosovska Iryna Kolosovska ◽  
Radosław Zagórski Radosław Zagórski

This article conceptualizes modern approaches to the transformation of the social function of the state in the context of the influence of globalization processes, the ambiguity of the formation of the socio-cultural context, the actualization of the latest risks and threats associated with the spread of the COVID-19 pandemic. We accentuate the inconsistencies and contradictions between the declared social priorities and the inefficiency of the management mechanisms of their practical implementation. The article substantiates the priority directions of the regulatory role of the state in the context of social risk management, formation of social security, adherence to the principle of social justice, and harmonization of interests of representatives of various social groups. Key words: public administration, state, social functions, governance mechanisms, globalization, social risks, COVID-19 pandemic, social justice.


Author(s):  
I Ketut Cahyadi Putra

The State of Pancasila Law essentially stems from the principle of kinship, deliberation of consensus based on customary law, and protection of human rights with the principle of balance between the rights and obligations and the function of the law of auxiliary. As contained in the Fifth Precept of Pancasila that is social justice for all Indonesian people, and the opening of the 1945 Constitution of the Republic of Indonesia related to the phrase "advancing public welfare" is the basic formula of welfare state ideology then manifested into the constitution of the state of Indonesia to be made Guidance of nation life and state administration. Negara Hukum Pancasila esensinya berpangkal pada asas kekeluargaan, musyawarah mufakat berlandaskan hukum adat, dan perlindungan hak asasi manusia dengan prinsip keseimbangan antara hak dan kewajiban dan fungsi hukum pengayoman. Sebagaimana yang terkandung dalam Sila Kelima Pancasila yaitu keadilan sosial bagi seluruh rakyat Indonesia, dan pembukaan Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 terkait frase “memajukan kesejahteraan umum” merupakan rumusan dasar ideologi welfare state kemudian dimanifestasikan ke dalam batang tubuh konstitusi negara Indonesia untuk dijadikan pedoman hidup berbangsa dan penyelenggaraan kenegaraan.


2009 ◽  
Vol 39 (157) ◽  
pp. 577-588 ◽  
Author(s):  
Christina Kaindl

The success of right wing parties in Europe is closely linked to the lack of representation that went along with the neoliberal shift of the social democrats. Feelings of injustice going along with altering the trans-national mode of production, concepts of the welfare state and labour politics were taken into account by rightwing “critics” that fight globalization in fighting immigrants. The crisis and bail-out-politics enforced feelings of injustice but at the same time brought the state – and the unions – ‘back in’ e.g. in creating a ‘clash-for-clunkers’ project. That seems to have weakened right-wing parties in Germany and France presenting themselves as an authoritarian fordistic option, but at the same time strengthened racist campaigns in other countries.


2021 ◽  
Vol 1 ◽  
pp. 23-26
Author(s):  
Albina A. Stepanova ◽  

The article is devoted to the issues of defining Russia as a social state. The author reflects on the constitutional amendments, which are designed to ensure the implementation of the basis of the constitutional order of the social state. The article also indicates that some constitutional amendments are deeper in scope and content than previous rules. Thus, the principle of mutual trust between the state and society can act as a fundamental basis for other principles, in particular, for the principle of social solidarity.


Author(s):  
V. P. Vasiliev

The article analyzes the stages of formation of the principles of the welfare state, the development of its models. The basic model of a market economy does not deny the essential role of the state in socio-economic processes. It is shown that each of the stages is complementary to the fundamental characteristics of the phenomenon of the welfare state, based on new social practices. Historical evolution is represented by the enrichment functions of the state and business along the trajectory of the welfare state — social market economy — the welfare state. A central element of the social state is the social insurance institution, emerged in the socio-labor relations as a form of interaction of employees and employers with trade unions and the state. The dominant feature of the social market economy is to ensure free entrance of citizens in market activity and related functions of the state to ensure availability to markets of labor and capital, ensuring competition and private property rights. Welfare society based on a powerful upsurge of economic dynamics and productivity marks the transition to a new quality of life and overcoming social exclusion. Illustrates the emerging tendency to increase the share of the state in ensuring social economic dynamics. Identified positive and negative aspects of this process. For the practice of public administration in Russia proposed restructuring of the budget expenditures and insurance payments.


Author(s):  
Halyna Marchenko

corruption in any social system. At the same time, taxes are a measure of social justice and should not only ensure the economic stability of the state, but also instill in members of the taxpayer society a positive tolerance to the state. The term for defining the state as "social" implies meeting the social needs of each member of society. According to the author's view, this does not mean that the state should sponsor people, who do not want to work. At the same time, the state must provide an appropriate level of support to society members who, due to objective circumstances, need it. Taxes are a source of social benefits for society. At the same time, they are a form of fair treatment of citizens by the state. Inequality or injustice in the collection of taxes contributes to social inequality and significantly reduces the tolerance of society members to the state.


Author(s):  
James Mark Shields

Chapter 5, “Anarcho-Buddhist Utopia: Taishō Tolstoyans,” focuses on several new developments within Buddhism during the brief but immensely significant Taishō period, beginning in 1912. This period witnessed the full emergence of a powerful if diverse socialist movement in urban Japan, which would inspire prominent writers such as Kawakami Hajime and Miyazawa Kenji to explore the possibilities of Buddhist(ic) social activism and economic reform. In addition, the life and work of Russian writer and thinker Count Leo Tolstoy had an immense impact on the intellectual, religious, and political culture of the period. This chapter examines these developments in light of modernist sensibilities and argues that much of Taishō Buddhism—at least at the intellectual level—can be characterized by a utopian and an “aesthetic” turn, one that diverged from both the state-centered program of earlier Buddhist reform movements, and the social concerns of New Buddhism.


2018 ◽  
Vol 54 ◽  
pp. 03008
Author(s):  
Tuti Widyaningrum ◽  
Rike Yunita Budi Hutami

This paper proposed an analytical study and investigation about State-owned enterprises (SOEs) privatization policy against welfare state perspective. Other than having an economic impact it also led to a constitutional polemic in Indonesia. So far, privatization of SOEs is considered as the best solution for SOEs to be more productive and efficient when handled by the private sector rather than controlled and managed by the state. However, the negative impact of privatization is not least disadvantageous for the state especially to the people where there are no guarantees and legitimacy from the state responsibility when SOEs has already profit oriented. This research would like to find a new concept of privatization of SOEs in accordance with the welfare state perspective. This research used a normative juridical legal research method. This method was chosen because the object was of norms and doctrines and legal principles related to the title of this research. The Author believes, Privatization has changed the social welfare schemes at as well as distorted the role and responsibilities of the state in realizing common prosperity. The conclusion is the Government should to review all regulations concerning the SOEs privatization and revoke regulations that are contrary to the welfare state principle in Indonesia.


Author(s):  
Tatiana Focsa

The actuality of the given topic comes from the approach of the concept of social justice in relation with factors of decisions and power of the state. One of the solutions identified by the state organization is the creation of the system of social work, which represents a component of the national system of social protection, within which the state and civil society is engaged to prevent, limit or remove the temporary or permanent effects of some events considered as social risks that could generate the marginalization or exclusion of the persons and families in difficulty. In our vision, the social justice represents the equality of chances of each individual in relation with the equity and equality as fundamental principles of social coexistence. In a “healthy” state, any person, regardless of experience or life circumstances, succeeds to achieve the maximum potential. We believe that there is no human society that is entirely based on social equality or equity, but this is only an additional motive to make efforts in this direction.


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