scholarly journals Comments on Wojciech Dzieduszycki’s Reflections on the State and Law

2021 ◽  
Vol 30 (1) ◽  
pp. 325
Author(s):  
Łukasz Szymański
Keyword(s):  
Social Relations ◽  
Social Life ◽  
Human Life ◽  
State Power ◽  
State Intervention ◽  
The State ◽  
Evolutionary Conservatism ◽  
The Law ◽  
Concept Of Law

<p>Conservatives in Galicia during the Austro-Hungarian monarchy exerted an overwhelming influence on political and social life. Among the conservative groups and parties, there were the so-called Podolaks, to which Wojciech Dzieduszycki belonged, writer, politician and philosopher. He wrote about the genesis and concept of law, the functions of the state and the scope of state power. He spoke against the law that regulates all manifestations of human life, because social relations are also regulated by moral and religious norms. Dzieduszycki was critical of socialism and all excessive forms of state intervention because he was against excessive state power. Based on Dzieduszycki’s reflections on the state and law, it can be concluded that he was an advocate of evolutionary conservatism.</p>

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.

TANTANGAN PANDEMI COVID-19 DAN HOSPITALITAS PENDIDIKAN KRISTIANI DI ERA PANDEMI

2021 ◽  
Author(s):  
Dewi Yermawati Enjhela
Keyword(s):  
Social Relations ◽  
Social Life ◽  
Human Life ◽  
Qualitative Approach ◽  
Corona Virus ◽  
The World ◽  
Theory Research

AbstractThe challenges in today’s global word are increasingle surprising human life, especially at the end of 2019, with the emergence of a pendemic, namely the Corona Virus (Covid-19). The emergence of this pandemic raises various concerns for the world and especially for social life. Of these challenges the autor treis to provide various explanations about these challenges and in relation to how our attitudes or interactions with others, especially in the world of cristian education. This article offers an approach using qualitative approach literature in Theological theory research, and qualitive desciptive research, that the application of cristianeducational behavior in responding to chelenges in this pandemic era is the value of applying the faith of a Cristian in social relations between people in the mids of challenges. In times of this pandemic.

scholarly journals CONSTITUTIONALIZATION OF THE PRINCIPLES OF LAW AND THEIR IMPORTANCE FOR LEGAL BEHAVIOR

Issues of Law ◽  
2020 ◽  
Vol 20 (4) ◽  
pp. 21-27
Author(s):  
E.V. Titova ◽  
◽  
A.G. Kuzmin ◽  
Keyword(s):  
Public Relations ◽  
Human Dignity ◽  
Essential Feature ◽  
State Power ◽  
The State ◽  
Legal Principles ◽  
Constitutional Order ◽  
Normative Significance ◽  
Russian Law ◽  
The Law

The article analyzes the objective and natural character of the origin of legal principles; the process of constitutionalization of the principles of Russian law and their implementation into the legitimate behavior of the participants of public relations. The authors substantiate that the content of constitutional principles is represented by three main elements: requirement, ideal, and knowledge. The most essential feature of constitutional principles is their ability for the legal expression of the most socially and politically significant values and ideals (legality, justice, humanism, freedom, equality, respect, trust) for an individual, society, and state. Regulatory features and normative significance of the principles of law are obtained as a result of constitutional formalization, and their embodiment insignificant rules of conduct of the state and the citizen contribute to the establishment of constitutional order. Special attention is paid to the content of some constitutional principles: the principle of respect and protection of human dignity; the principle of maintaining citizens’ trust in the law and the state; the principle of respect for the state power

Infrastructure, wildlife tourism, (il)legible populations: A comparative study of two districts in contemporary Botswana

2019 ◽  
Vol 3 (4) ◽  
pp. 1074-1095
Author(s):  
Annette Alfina LaRocco
Keyword(s):  
Rural Areas ◽  
State Power ◽  
State Intervention ◽  
Tourism Industry ◽  
The State ◽  
State Control ◽  
Daily Lives ◽  
Wildlife Tourism ◽  
The North ◽  
Relationship Of

This article interrogates how the provision (or absence) of state infrastructure such as roads, bridges, permanent buildings, water reticulation, electricity, and transport facilities in regions hosting the lucrative tourism industry is linked to state control and regulation of the use of space, as well as the daily lives of conservation-adjacent citizens. Using the dialectic of legibility and illegibility in the context of Botswana’s expansive wildlife tourism industry, it examines how ambiguous government expansions and retractions of infrastructure function as mechanisms of state-building in relation to the natural environment. In Botswana’s western region, the provision of infrastructure draws out previously sparsely populated and seasonally mobile people from “the bush” to live in state-sanctioned villages, pulling them into a relationship of “legibility” with the state. However, in the north, where the bulk of the tourism industry is based, the calculus is different. The allocation of infrastructure is delayed or denied in order to maintain the fiction of a people-free wilderness that appeals to foreign tourist consumers—pushing local people into “illegibility”. The myth of a people-less wilderness produces highly differentiated modes of state intervention in rural areas, shifting local peoples’ ability to interface with the state, the tourism industry, and other citizens. This article conceptualizes illegibility not as a form of resistance to, or avoidance of, state power but in the unique context produced by enclave wildlife tourism, an alternative manifestation of state power.

scholarly journals A Humanistic Phylosophical Analysis on Women Existence in the Fiqh of Syafii

ULUMUNA ◽  
2015 ◽  
Vol 19 (1) ◽  
pp. 33-58
Author(s):  
Iffatin Nur
Keyword(s):  
Social Relations ◽  
Religious Conversion ◽  
The State ◽  
Philosophical Analysis ◽  
Women Empowerment ◽  
State Law ◽  
Economic Issues ◽  
The Law ◽  
Marriage Laws ◽  
New View

In the fiqh of Shāfi‘ī, a humanistic philosophical analysis on women existence is given serious attention, particularly in his investigation on the matters of women. It is very vivid in his magnum opuses entitled al-Umm (The Mother), al-Risālah fi Us\ūl al-Fiqh and his periodicals qawl qadīm (old view) and qawl jadīd (new view). This article seeks to provide thorough analysis on the women empowerment through humanistic values from methodological and legal products aspects generated by Shāfi‘ī. In the aspect of methodology (us\ūl fiqh), the use of qiyās (analogy) is an indication of the humanistic value in the development of the mas\lah\ah\ (beneficial) principles. The legal products aspect can be explored through the following three classifications. Firstly, humanistic values of women in the law regarding the properties. Secondly, the humanistic values of women in the state law on economic issues related to religious conversion and social relations in political settings. Thirdly, the humanistic values of women in the marriage laws. DOI: http://dx.doi.org/10.20414/ujis.v19i1.1249

scholarly journals Social Health, Social Pressure, and Social Immunity

2021 ◽  
Vol 2021 (2) ◽  
pp. 141-147
Author(s):  
Alexandra Pilyushenko
Keyword(s):  
Social Relationships ◽  
Social Relations ◽  
Social Life ◽  
Human Life ◽  
Social Pressure ◽  
Social Health ◽  
Social Immunity ◽  
Sociocultural Environment ◽  
Spiritual Foundations

The article addresses the problem of social health as a basic factor of positive sociocultural environment in the context of globalization. The research objective was to define the content of social health as a balance of such categories as social immunity and social pressure. The study relied on the methodology of philosophical analysis, dialectical method, and system approach. The phenomenon of social health was described as part of the system of dynamic and multidimensional social relations. The article featured the role of sociocultural environment of one's life and attitudes of spiritual and moral nature that make up one's social health formation. Social pressure is an attributive characteristic of social life, which is getting increasingly complex in all areas of human life. The article also introduces the term of social immunity as a set of spiritual foundations of one's activity that provides one with productive social relationships. Social immunity depends on one's age, lifestyle, and sociocultural environment. The author also analyzed various prosocial deviant forms of behavior. The decisive factor of social health formation is that social immunity should correspond with the current social pressure.

scholarly journals Urgensi Saksi Pelaku yang Bekerjasama (Justice Collaborator) dalam Tindak Pidana Korupsi

2020 ◽  
Vol 1 (1) ◽  
pp. 179-185
Author(s):  
Ni Luh Made Dwi Pusparini ◽  
A. A. Sagung Laksmi Dewi ◽  
I Made Minggu Widyantara
Keyword(s):  
Law Enforcement ◽  
Social Life ◽  
Government Regulation ◽  
Legal Protection ◽  
The State ◽  
Major Influence ◽  
Criminal Sanctions ◽  
The Supreme Court ◽  
The Law ◽  
Article 5

The State of Indonesia appears as a State of Law meaning that State power is exercised according to applicable laws so the law applies to all aspects of social life that lead to the creation of an objective of the law. As a consequence of the weakness of the law in the State of Indonesia there are still a large number of crimes that are developing, including the criminal acts of corruption as one of organized crimes. Not only have corruption crimes developed in Indonesia but also in other countries. As a result, in tackling the emergence of the criminal acts of corruption, it is necessary to have perpetrators cooperating as witnesses with law enforcement authorities in terms of revealing the main perpetrators and others so it has a major influence on the corruption case. Using the normative legal research method, this research examines the urgency of regulating witnesses of collaborating perpetrators in a the criminal act of corruption and the criminal sanctions against witnesses of collaborating perpetrators in criminal acts of corruption. The results show that in positive Indonesian law there are regulations regarding Justice Collaborator in Government Regulation No 71 Article 5 Paragraph (2) of 2000 regulating the rights and legal protection of every witness, criminal reporter / witness who reports. Whereas judges’ considerations in imposing criminal sanctions on justice collaborators in the criminal acts of corruption which are based on Law No. 20 of 2001 related to Law No. 31 of 1999 concerning Eradicating Corruption Crimes and is contained in the Supreme Court Circular No. 4 of 2011 in specific actions regarding Criminal Sanctions namely providing relief in other forms of protection.

scholarly journals LEGAL INFLUENCE IN THE SYSTEM OF SOCIAL INFLUENCE

2021 ◽  
Vol 12 (2) ◽  
pp. 12-18
Author(s):  
Viktoriia Bondarenko ◽  
◽  
Nataliia Pustova ◽  
Keyword(s):  
Social Norms ◽  
Social Influence ◽  
Social Relations ◽  
Social Life ◽  
Human Life ◽  
Modern Theory ◽  
Legal Norms ◽  
Cultural Life ◽  
The Social ◽  
Theory Of Law

The article deals with the views of scholars on legal influence in the system of social influence. Using a systematic methodology for the study of legal phenomena, the social system is revealed in its relationship with law and legal influence from the standpoint of modern theory of law. Social norms in the system of social influence are characterized. It is noted that the main purpose of social norms is to ensure the system nature of social relations, orderliness, organization, and focus on socially useful results. In the context of the modern understanding of these legal institutions, such types of regulators of social relations as custom, tradition, moral, religious, political, corporate and legal norms are distinguished. A feature of legal influence is a specific toolkit, which consists in a unique set of legal means, methods and techniques of influence, through which law affects people and society. Psychological, economic, organizational and managerial, political, cultural and religious direction of influence cannot be effective without the influence of the legal, because law regulates in detail the important aspects of public life and consolidates the interests of society. Issues of economic organization, the functioning of the political system, and some issues of organization of cultural life of society are reflected in law. Other areas affect certain aspects of human life. These areas actively interact, having a comprehensive impact on society. Each type of social norms has shortcomings, but, acting in the system, they affect various aspects of the human psyche, ensuring the fullness of social influence, contributing to the common goal – the desired state of social life. Legal influence has a special place in the system of social influence.

scholarly journals Islam-osmanli state law in Serbia

2006 ◽  
pp. 271-286
Author(s):  
Miroljub Jevtic
Keyword(s):  
Social Relations ◽  
The State ◽  
Legal Order ◽  
Point Of View ◽  
State Law ◽  
Normal Functioning ◽  
Basic Goal ◽  
The Law ◽  
The Moment ◽  
State Functions

Every state functions through its legal order and that legal order shows the nature of every state. From that point of view, the nature of the state and the authority which functioned in the regions of the Serbian lands from the moment of the Osmanli conquests till the end of that rule was best reflected through the law which regulated social relations. If one views the state which ruled in the regions of the Serbian lands in that way, one can clearly state that it, in its nature, had the basic goal to realize Islamic doctrine. All legal acts which the administration in Constantinople passed to ensure its normal functioning had the Islamic character. As most of these acts had been created long before the birth of the Osmanli state, they cannot be called Osmanli, because they were not such by their origin or their essence. It is specially important that their intention was not to maintain the Turkish national idea, as it could be concluded from a large number of historical syntheses which discuss that part of our history, but the triumph of Islam. Therefore, it is most correct to call that law Islamic-Osmanli law because its largest part had been created before the appearance of the Osmanli state and had as a goal the triumph of Islam; it is an Osmanli law because it was implemented in the territories ruled by the Osmanli dynasty.

scholarly journals State and law: transformation vectors in modern conditions

2021 ◽  
Vol 108 ◽  
pp. 01015
Author(s):  
Nadezhda Stepanovna Nizhnik ◽  
Maksim Viktorovich Bavsun ◽  
Yakub Lomalievich Aliev ◽  
Pavel Aleksandrovich Astafichev ◽  
Anatoliy Sergeevich Kvitchuk
Keyword(s):  
Social Life ◽  
Social Transformation ◽  
Legal Regulation ◽  
The State ◽  
Heated Debate ◽  
The Subject ◽  
The Law ◽  
Transformation Vectors ◽  
The Given ◽  
Transformation Processes

Contemporaneity represents an epoch of qualitative changes in social life, which creates due grounds for different scenarios of development of the state and law. The concern for the prospects of state/legal organisation of the society has placed the problem of transformation of the state and law in the centre of scientific conceptualisation, made it a subject of heated debate and accounted for the creation of annalistic history. The authors of the article take part in the polylogue on the given subject by formulating their position on the future of the cultural phenomena – the state and the law. The philosophical/legal research is based on the recognition of the fact that the global scientific revolution has in fact become a reality, and there are due grounds for the formation of the post-classical legal science. The complexity and multidimensionality of the subject of the research – the prospects of transformation of a nation state and law in the conditions of contemporaneity – required a resort to interdisciplinary methodology. The accomplished research largely relied on the anthropocentric approach that allowed the authors to focus on a human being and its consciousness, considering that the latter has an ability to adapt to the challenges of globalisation and the development of digital technologies. As a result of the research, the authors came to the conclusion that the modern state is transforming and acquiring new characteristics under the powerful influence of globalisation processes. The claims of scholars who presume that the state will wither in the foreseeable stage of human development were subjected to criticism. The authors believe that the state continues to be the core of social organisation and adapts to the challenges and threats of the modern time by acquiring new characteristics. Transformation takes place as well in the sphere of legal regulation. The law is comprehended not just as a set of norms or daily activity of people aimed to realise these norms. The law is realised to construct the reality; at the same time the law as such becomes an object of influence of social transformation processes following which the content, forms, legal systems, as well as the mechanisms of law development and law enforcement, undergo changes. An important component of changes is transformation of the philosophical core of law reflecting the processes of change in the paradigm of values.

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