scholarly journals Secular State and Civil Society: Search for Common Contacts

2020 ◽  
pp. 87-102
Author(s):  
Anna F. Meshcheryakova
Keyword(s):  
Civil Society ◽  
The State ◽  
Structural Element ◽  
Private Interests ◽  
State And Society ◽  
Religious Associations ◽  
The Individual ◽  
Complex Phenomena ◽  
Relationship Of ◽  
Secular State

This article is devoted to the study of such complex phenomena as civil society and the secular state and their subsequent influence on each other. The study takes a close look at religious associations, which constitute a structural element of civil society. Freedom of action granted by the state within the framework of secularity allows them to play the role of a link between the individual, the state, and society and coordinates common and private interests, and thus contributes to strengthening relations between these entities. Thus, secularity acts as a fundamental legal value. Taking into consideration the essential features of the secular state, we trace peculiarities of the relationship of religious associations to authorities at the present stage. It is proved that their active citizenship helps the state solve many issues related to meeting diverse needs of the individual. At the same time, the study focuses on the imperfection of Russian legislation governing various aspects of secularity, specifically on the vagueness and inaccuracy of some formulations which lead to a clash of opinions and interests of people with different worldviews and groundless accusations of authorities of clerical tendencies. At the same time, clericalization is a negative factor destabilizing civil society, hindering its normal development. We express an opinion on the admissibility and even expediency of statechurch interaction, which, with strict legislative regulation, cannot be identified with the attempts to clericalize power and society. The study also defines the freedom of religion limits (freedom of conscience) in the formation of a secular state and civil society

scholarly journals Modern models of social partnership in Uzbekistan

2021 ◽  
Vol 1 (3) ◽  
pp. 152-161
Author(s):  
Alisher Muminov
Keyword(s):  
Civil Society ◽  
Effective Interaction ◽  
The State ◽  
Special Importance ◽  
Effective Mechanism ◽  
Social Partnership ◽  
Cultural Life ◽  
State And Society ◽  
The Republic ◽  
The Individual

Currently, the special importance of social partnership is acknowledged as an effective mechanism for involving the general public in participation in the socio-political, socio-economic and cultural life of the country in Uzbekistan. In this regard, the President of the Republic of Uzbekistan Sh.Mirziyoyev pointed out the need for consistent implementation: “the principle of mutual responsibility of citizens, the state and society, the connection of their rights and obligations. This principle serves as the basis for effective interaction between the state and the individual, the state and civil society in solving the important tasks facing our country. This article is devoted to the analysis of reforms aimed at the development of social partnership in Uzbekistan.

scholarly journals Evolution of the Concept of Citizenship in the Islamic Thought: An Analysis

2020 ◽  
Vol 2 (1) ◽  
pp. 121-141
Author(s):  
Osama Sami AL-Nsour
Keyword(s):  
The State ◽  
The Past ◽  
Islamic Thought ◽  
State And Society ◽  
The Government ◽  
The One ◽  
The Individual ◽  
Islamic Civilization ◽  
Political Economic ◽  
The Relationship

The concept of citizenship is one of the pillars upon which the modern civil state was built. The concept of citizenship can be considered as the basic guarantee for both the government and individuals to clarify the relationship between them, since under this right individuals can acquire and apply their rights freely and also based on this right the state can regulate how society members perform the duties imposed on them, which will contributes to the development of the state and society .The term citizenship has been used in a wider perspective, itimplies the nationality of the State where the citizen obtains his civil, political, economic, social, cultural and religious rights and is free to exercise these rights in accordance with the Constitution of the State and the laws governing thereof and without prejudice to the interest. In return, he has an obligation to perform duties vis-à-vis the state so that the state can give him his rights that have been agreed and contracted.This paper seeks to explore firstly, the modern connotation of citizenship where it is based on the idea of rights and duties. Thus the modern ideal of citizenship is based on the relationship between the individual and the state. The Islamic civilization was spanned over fourteen centuries and there were certain laws and regulations governing the relationship between the citizens and the state, this research will try to discover the main differences between the classical concept of citizenship and the modern one, also this research will show us the results of this change in this concept . The research concludes that the new concept of citizenship is correct one and the one that can fit to our contemporary life and the past concept was appropriate for their time but the changes in the world force us to apply and to rethink again about this concept.

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.

Self-Defense, Imminence, and the Battered Woman

2007 ◽  
Vol 10 (3) ◽  
pp. 342-369 ◽  
Author(s):  
Whitley R.P. Kaufman
Keyword(s):  
Civil Society ◽  
Battered Women ◽  
Use Of Force ◽  
The State ◽  
Battered Woman ◽  
Self Defense ◽  
Imminent Threat ◽  
The Individual

A traditional element of self-defense doctrine is the imminence rule, restricting the use of force in self-defense to cases where the threatened harm is imminent, about to happen. In recent years, this rule has been subject to increasing criticism, especially in the context of cases involving battered women, and some commentators have even called for its elimination. This essay presents the case for the imminence rule as reflecting the requirement that in a civil society, the use of force be reserved to the state, with only one exception. This exception applies to cases where an individual is faced with an imminent threat. In such circumstances, the state would not be able to intervene in time to protect the person, and hence the individual is permitted to use force in her own defense.

Political Inclusion and the Dynamics of Democratization

1996 ◽  
Vol 90 (3) ◽  
pp. 475-487 ◽  
Author(s):  
John S. Dryzek
Keyword(s):  
Social Movements ◽  
Civil Society ◽  
The State ◽  
Strategic Choices ◽  
Political Equality ◽  
Citizenship Rights ◽  
State And Society ◽  
Political Inclusion ◽  
Progressive Inclusion

Once universal adult citizenship rights have been secured in a society, democratization is mostly a matter of the more authentic political inclusion of different groups and categories, for which formal political equality can hide continued exclusion or oppression. It is important, however, to distinguish between inclusion in the state and inclusion in the polity more generally. Democratic theorists who advocate a strategy of progressive inclusion of as many groups as possible in the state fail to recognize that the conditions for authentic as opposed to symbolic inclusion are quite demanding. History shows that benign inclusion in the state is possible only when (a) a group's defining concern can be assimilated to an established or emerging state imperative, and (b) civil society is not unduly depleted by the group's entry into the state. Absent such conditions, oppositional civil society may be a better focus for democratization than is the state. A flourishing oppositional sphere, and therefore the conditions for democratization itself, may actually be facilitated by a passively exclusive state, the main contemporary form of which is corporatism. Benign inclusion in the state can sometimes occur, but any such move should also produce exclusions that both facilitate future democratization and guard against any reversal of democratic commitment in state and society. These considerations have substantial implications for the strategic choices of social movements.

scholarly journals Mobilization and demobilization in a network political protest

2020 ◽  
pp. 266-297
Author(s):  
Alexander Sokolov ◽  
Asya Palagicheva
Keyword(s):  
Information And Communication Technologies ◽  
Social Space ◽  
Communication Technologies ◽  
The State ◽  
Political Protest ◽  
The Social ◽  
State And Society ◽  
Communication Space ◽  
Information And Communication ◽  
The Individual

The article considers the essence and approaches to understanding network political protest. Traditional forms of collective action are changing under the influence of information and communication technologies. The network paradigm focuses on the position of the individual in the social space, the degree of his involvement in the communication space, the ability to control and regulate the intensity of the information flow. Network structures are more flexible and adaptive, more in line with the new reality. Special and main principles of the network structure of political protest are revealed. The article also presents definitions of political mobilization and demobilization. These processes Express the rivalry of the conflicting parties-the state and society, where the support of the broad masses of the population is an important category. Based on the data of the monitoring study, the features of the development of civil protest activism and the use of mobilization technologies were identified. ICTs have a significant impact on their formation and transformation. The state, reacting to forms of real and virtual activity, formulates a counteraction strategy. It is expressed in the use of technologies for the demobilization of citizens, which are also undergoing changes in the era of digitalization

scholarly journals PAKISTAN CRIMINAL LAW: A SHORT NOTE

2021 ◽  
Vol 2 ◽  
pp. 26-29
Author(s):  
Aleksey D. Scherbakov ◽  
Keyword(s):  
Criminal Law ◽  
Short Note ◽  
Criminal Code ◽  
The State ◽  
Penal Code ◽  
Islamic Republic ◽  
State And Society ◽  
The Individual

In the article author examines the current Criminal Code of the Islamic Republic of Pakistan - Pakistan Penal Code (PPC) of 1860. A brief analysis of the system of criminal law, its main provisions related to the concept of crime, punishment, certain types of criminal encroachments both on the individual and on the interests of the state and society is given. Also, when presenting the material, the author touches on the problems of the influence of Muslim law on criminal law.

scholarly journals ANALISIS TERHADAP UNDANG-UNDANG NOMOR 23 TAHUN 2011 TENTANG PENGELOLAAN ZAKAT (PERSPEKTIF HUKUM ISLAM)

2016 ◽  
Vol 15 (2) ◽  
Author(s):  
Budi Rahmat Hakim
Keyword(s):  
Islamic Law ◽  
Legal Framework ◽  
The State ◽  
New Paradigm ◽  
New Era ◽  
Key Issues ◽  
The Individual ◽  
Relationship Of ◽  
The Relationship ◽  
Tax Deduction

The Birth of Law No. 23/2011 marks a new era of transformation of the national charity which has given rise to a new paradigm of charity management in our country. Some rules are the result of constitutive ijtihadin the ?eld of charity gets a reaction from some quarters, especially related to the management of charity by the state authority. Regardless of the debate which led to the material and formal lawsuit, there are several key issues to be further analyzed in relation to the reconstruction of ?qh paradigm evaluated from the perspective of contemporary Islamic law. First, the authorities and the involvement of the state as charities through the agency or institution that is of?cially established or recognized by the state, so that the management of charity can be done effectively, guaranteed. And have legal certainty. Secondly, the absence of sanctions for muzaki who shirk the obligation of charity in Law No.23 / 2011 shows that the payment of charity is voluntary, therefore charity regulations in Indonesia are still considered weak in the legal framework that can bind to the individual or business entity that is exposed to the taxpayer , Third, the reform paradigm of subject, object and charity tas{arruf ?eld have already accommodated in Law No.23 / 2011 in accordance with the principle of mas}lah}atand justice. Fourth, the relationship of charity and tax reaf?rmed in the amendment of new Law charity as?scal incentives for charity payers to make charity as a reduction of PKP (tax deduction), although this provision has not been able to realize the position of charitywhich is more signi?cant as a tax deduction(tax credit).

The Myth of Judicial Independence

2020 ◽  
Author(s):  
Mike McConville ◽  
Luke Marsh
Keyword(s):  
Separation Of Powers ◽  
Material Point ◽  
The State ◽  
Theory And Practice ◽  
Home Office ◽  
Democratic Polity ◽  
The Individual ◽  
Relationship Of ◽  
The Relationship

This book on the criminal justice system is uniquely positioned to examine judicial claims to independence, the politics of the judiciary, the rule of law, and the role of the executive in the context of a democratic polity. The authors have mined the British government’s archival vaults to assemble records including official (previously classified) Home Office files and present a ground-breaking narrative. By tracking the relationship between senior judges and the Home Office from the end of the nineteenth century to the modern day, revelations concerning the politics of the judiciary and the separation of powers are unearthed. The book argues that the claims of the senior judiciary to be independent of the executive are invalidated by historical records and the theory and practice of the separation of powers (the ‘Westminster Model’) deeply flawed. Rather, at every material point, civil servants compromised the role of the senior judiciary’s decision-making. Moreover, with the passive endorsement of senior judges, the executive repeatedly misled Parliament as to the authorship and provenance of fundamental rules governing the relationship of the individual to the state in relation to police powers of arrest, detention, and questioning. The book also explores the past and continuing impact of all this to former colonial territories and traces the close liaison between key members of the senior judiciary and the state in reconfiguring the modern criminal process in a way which weakens defence lawyers, pressurizes defendants into pleading guilty, and undermines cardinal adversarial protections.

scholarly journals The state and personality in the works of N.A. Berdyaev

2019 ◽  
Vol 72 ◽  
pp. 02006
Author(s):  
Stepan Yaichny
Keyword(s):  
Social Preferences ◽  
The State ◽  
Religious Philosophy ◽  
The Social ◽  
Different Types ◽  
European Philosophy ◽  
The Individual ◽  
Relationship Of ◽  
The Relationship ◽  
The Ideal

This article discusses the basic concepts of Berdyaev’s philosophy, traces the relationship of his philosophical view and political convictions. This relationship is revealed through the concept of personality, which is the central concept of Berdyaev’s philosophy. Through the attitude to the personality, we can reveal the attitude of N. A. Berdyaev to the institution of the state, understand the social preferences of the Russian philosopher, who has come a long way from the representative of Russian Marxism to Russian religious philosophy. Having understood his ideas about the ideal structure of society, we can understand the attitude of N. A. Berdyaev to the Soviet state. The article distinguishes between two different types of relationships: the individual and society - collectivism and communitarianism. Berdyaev’s view is shown in the origins of Russian communism, which, in the opinion of the philosopher, are found not only in Western European philosophy, but also in the historical mentality of Russian people.

Sign in / Sign up

Export Citation Format

Share Document