scholarly journals La estrategia del Estado Chileno a la problemática de las violencias contra las mujeres (2005-2014)

2017 ◽  
pp. 123
Author(s):  
Angélica María Gómez Medina ◽  
Fabiola Miranda Perez
Keyword(s):  
The State ◽  
Main Issue ◽  
Option Value ◽  
Domestic Sphere ◽  
The People ◽  
The Law ◽  
Las Mujeres ◽  
Domination Relation ◽  
Local Levels

<p><strong>Resumen</strong></p><p>Este artículo busca mostrar los efectos de la incursión del Estado chileno en la lucha contra las violencias hacia las mujeres en el ámbito doméstico. Para esto acudimos a dispositivos legales y políticos. Se mostrará el rol de las instituciones de justicia y del Servicio Nacional de la Mujer (SERNAM) en tanto que instrumentos de atención y protección a las personas afectadas por la problemática, durante los gobiernos de Michelle Bachelet (2006-2010) y de Sebastián Piñera (2010-2014). Durante el desarrollo del análisis, se caracterizará cómo entra en tensión el enfoque familiarista de la ley con los dispositivos propuestos por el Estado. Avanzando que el género como categoría crítica si bien es invisibilizado, de igual modo aparece como ordenador de relaciones de poder y dominación. Lo anterior ocurre tanto en la construcción de la legislación, como en la intervención de la problemática en niveles locales.</p><p> </p><p><strong>Abstract</strong></p><p>This article seeks to show the effects of the incursion of Chilean State in the struggle against violence towards women in the domestic sphere. For this, we focus on political and legal devices. We will show the role of the Courts of Justice and National Women’s Service (SERNAM) as instruments of attention and protection for the people affected by the issue, during the latest governments of Michelle Bachelet (2006 – 2010) and Sebastian Piñera (2010-2014). During the development of the analysis, it will be characterized how the familiarist approach of the law comes into tension with the devices proposed by the State. Stating that gender as a critical category, while being invisible, likewise appears as a power and domination relation ordering. This occurs both in the construction of legislation and in the intervention of the main issue at local levels.</p><div id="SLG_balloon_obj" style="display: block;"><div id="SLG_button" class="SLG_ImTranslatorLogo" style="background: url('chrome-extension://mchdgimobfnilobnllpdnompfjkkfdmi/content/img/util/imtranslator-s.png'); display: none; opacity: 1;"> </div><div id="SLG_shadow_translation_result2" style="display: none;"> </div><div id="SLG_shadow_translator" style="display: none;"><div id="SLG_planshet" style="background: url('chrome-extension://mchdgimobfnilobnllpdnompfjkkfdmi/content/img/util/bg2.png') #f4f5f5;"><div id="SLG_arrow_up" style="background: url('chrome-extension://mchdgimobfnilobnllpdnompfjkkfdmi/content/img/util/up.png');"> </div><div id="SLG_providers" style="visibility: hidden;"><div id="SLG_P0" class="SLG_BL_LABLE_ON" title="Google">G</div><div id="SLG_P1" class="SLG_BL_LABLE_ON" title="Microsoft">M</div><div id="SLG_P2" class="SLG_BL_LABLE_ON" title="Translator">T</div></div><div id="SLG_alert_bbl"> </div><div id="SLG_TB"><div id="SLG_bubblelogo" class="SLG_ImTranslatorLogo" style="background: url('chrome-extension://mchdgimobfnilobnllpdnompfjkkfdmi/content/img/util/imtranslator-s.png');"> </div><table id="SLG_tables" cellspacing="1"><tr><td class="SLG_td" align="right" width="10%"><input id="SLG_locer" title="Fijar idioma" type="checkbox" /></td><td class="SLG_td" align="left" width="20%"><select id="SLG_lng_from"><option value="auto">Detectar idioma</option><option value="">undefined</option></select></td><td class="SLG_td" align="center" width="3"> </td><td class="SLG_td" align="left" width="20%"><select id="SLG_lng_to"><option value="">undefined</option></select></td><td class="SLG_td" align="center" width="21%"> </td><td class="SLG_td" align="center" width="6%"> </td><td class="SLG_td" align="center" width="6%"> </td><td class="SLG_td" align="center" width="6%"> </td><td class="SLG_td" align="center" width="6%"> </td><td class="SLG_td" width="10%"> </td><td class="SLG_td" align="right" width="8%"> </td></tr></table></div></div><div id="SLG_shadow_translation_result" style="visibility: visible;"> </div><div id="SLG_loading" class="SLG_loading" style="background: url('chrome-extension://mchdgimobfnilobnllpdnompfjkkfdmi/content/img/util/loading.gif');"> </div><div id="SLG_player2"> </div><div id="SLG_alert100">La función de sonido está limitada a 200 caracteres</div><div id="SLG_Balloon_options" style="background: url('chrome-extension://mchdgimobfnilobnllpdnompfjkkfdmi/content/img/util/bg3.png') #ffffff;"><div id="SLG_arrow_down" style="background: url('chrome-extension://mchdgimobfnilobnllpdnompfjkkfdmi/content/img/util/down.png');"> </div><table width="100%"><tr><td align="left" width="18%" height="16"> </td><td align="center" width="68%"><a class="SLG_options" title="Mostrar opciones" href="chrome-extension://mchdgimobfnilobnllpdnompfjkkfdmi/content/html/options/options.html?bbl" target="_blank">Opciones</a> : <a class="SLG_options" title="Historial de traducciones" href="chrome-extension://mchdgimobfnilobnllpdnompfjkkfdmi/content/html/options/options.html?hist" target="_blank">Historia</a> : <a class="SLG_options" title="ImTranslator Ayuda" href="http://about.imtranslator.net/tutorials/presentations/google-translate-for-opera/opera-popup-bubble/" target="_blank">Ayuda</a> : <a class="SLG_options" title="ImTranslator Feedback" href="chrome-extension://mchdgimobfnilobnllpdnompfjkkfdmi/content/html/options/options.html?feed" target="_blank">Feedback</a></td><td align="right" width="15%"><span id="SLG_Balloon_Close" title="Cerrar">Cerrar</span></td></tr></table></div></div></div>

Can Political Authority be Founded on a Ruse? Derrida and Lefort on Machiavelli’s Use of Political Deception

2016 ◽  
Vol 13 (2) ◽  
pp. 226-243 ◽  
Author(s):  
Peg Birmingham
Keyword(s):  
Political Authority ◽  
The State ◽  
Democratic Politics ◽  
State Of Nature ◽  
The People ◽  
Theological Foundation ◽  
The Law

The institution of Hobbes’ Leviathan is marked by the transformation of cunning, equally shared by all in the state of nature, into a rational, sovereign politics. The question I take up here by way of Machiavelli and two of his contemporary readers, Derrida and Lefort, what if cunning was politicized rather than replaced by sovereign reason? In other words, what if cunning, a complex political deception, was not abandoned or given over to the sovereign? I argue that Lefort’s reading of Machiavelli, embracing as it does the central role of a shared cunning or ruse between the people and the prince, offers valuable resources for thinking the foundation of political authority for a secular democratic politics, while in contrast, Derrida’s critique of Machiavelli’s cunning illuminates why he is not able to escape a sovereign, theological foundation for political authority and the law.

Human Rights Activities as a Function of the Prosecutor’s Office

2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
Main Function ◽  
Federal Law ◽  
The Subject ◽  
The Russian Federation ◽  
The Law

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.

Slavery and Ransom

2018 ◽  
Author(s):  
Will Smiley
Keyword(s):  
Eighteenth Century ◽  
Ottoman Empire ◽  
Young Men ◽  
Individual Characteristics ◽  
The State ◽  
Customary Law ◽  
Late Eighteenth Century ◽  
Late Eighteenth ◽  
The Law

This chapter explores captives’ fates after their capture, all along the Ottoman land and maritime frontiers, arguing that this was largely determined by individuals’ value for ransom or sale. First this was a matter of localized customary law; then it became a matter of inter-imperial rules, the “Law of Ransom.” The chapter discusses the nature of slavery in the Ottoman Empire, emphasizing the role of elite households, and the varying prices for captives based on their individual characteristics. It shows that the Ottoman state participated in ransoming, buying, exploiting, and sometimes selling both female and male captives. The state particularly needed young men to row on its galleys, but this changed in the late eighteenth century as the fleet moved from oars to sails. The chapter then turns to ransom, showing that a captive’s ability to be ransomed, and value, depended on a variety of individualized factors.

The Doctrinal Basis of The Rights of Company Shareholders

1998 ◽  
Vol 57 (3) ◽  
pp. 554-588 ◽  
Author(s):  
Ross Grantham
Keyword(s):  
Political Power ◽  
The State ◽  
Company Law ◽  
Corporate Form ◽  
Moral Force ◽  
The Law ◽  
Normative Implications

THE concept of ownership is a complex, powerful and controversial idea. In law it explains, justifies and gives moral force to a host of rights and duties as well as serving to legitimate the allocation of wealth and privilege. The influence of this idea is, furthermore, everywhere embodied in the law. In company law, legal and economic conceptions have both rested on and have been shaped by the normative implications of ownership. Historically, ownership was the principal explanation and justification for the central role of shareholders in corporate affairs. As owners, shareholders were entitled to control the management of the company and to the exclusive benefit of the company's activities. Ownership also served to legitimate the corporate form itself. So long as it was owned by individuals the economic and political power of the company was both benign and a bulwark against the intrusion of the state.

The Legal Framework for Foundations in the Habsburg Monarchy from 1750 to 1918

2017 ◽  
Vol 1 (2) ◽  
pp. 154-172
Author(s):  
Gabriele Schneider
Keyword(s):  
Public Good ◽  
Legal System ◽  
Legal Framework ◽  
The State ◽  
Habsburg Monarchy ◽  
The Public ◽  
Regulation And Supervision ◽  
Role Of The State ◽  
The Law

Foundations, as permanent funds established by a certain legal act, can serve manifold purposes, but often pursue charitable goals. As such, they play an important role for the public good. Therefore, states always had an interest in fostering foundations by providing a pertinent legal framework. In Austria, this topic has not yet been the focus of scholarship. Through this study some light is shed on the implementation of the law on foundations in the Habsburg Monarchy. It focuses on the role of the state and its legal system regarding the regulation and supervision of foundations from 1750 to 1918. This period is characterized by the sovereigns’ endeavor to regulate the position of foundations via extensive legislation. In particular, a system of oversight for foundations was created in order to guarantee the attainment of their charitable goals. In fact, this system prevailed until the end of the 20thcentury.

Reflections from the Margins: Complexities, Transitions and Developmental Challenges - The Case of the Eastern Cape Province, South Africa

2021 ◽  
Keyword(s):  
Citizen Participation ◽  
Historical Analysis ◽  
The State ◽  
Eastern Cape ◽  
The People ◽  
Role Of The State ◽  
Leadership Accountability ◽  
Multiple Challenges ◽  
Colonial Oppression

Since the dawn of colonialism in Southern Africa, the province of the Eastern Cape emerged as the cradle of African resistance against colonial oppression. A closer look at the province reveals opportunities for progress and ultimate resurgence of economic and social development, yet conflated by a myriad of challenges. This book brings together different perspectives and realities of the post-apartheid Eastern Cape to provide an in-depth exploration of the developmental dilemmas that the province faces. This book provides insightful reflections on development and its sustainability some 25 years since democracy, and specifically focuses on sociological and demographic realities in the areas of migration and its impact on families. The book further grapples with the role of the state in developing culture and heritage in the province, pointing to fundamental and multiple challenges of deprivation, unemployment and subsequent community resilience in a variety of sectors including health and education. While it provides a historical analysis of contextual issues facing the province, the book also highlights the agency of the people of the Eastern Cape in confronting challenges in leadership, accountability, citizen participation and service provision. The book will be useful for development scholars and practitioners who are interested in understanding the state of the province, and similar settings, and the degree to which it has emerged from the shadows of its colonial and apartheid legacies.

Illegal Construction in Hanoi and Hanoi's Wards

2004 ◽  
Vol 3 (2) ◽  
pp. 337-369 ◽  
Author(s):  
David Koh
Keyword(s):  
State Power ◽  
The State ◽  
The People ◽  
The Face ◽  
History Of ◽  
State Boundaries ◽  
Urban Administration ◽  
Ability And Willingness

AbstractIn the drama of negotiation of state boundaries, the role of local administrators as mediators is indispensable. They mediate between state demands for more discipline and societal demands for more liberties. Their ability and willingness to enforce determines the extent of state power. They are a particular type of elites chosen by the state to administer; yet often they have an irrational and morally corrupt relationship with their subjects. The questions that arise then are: When do the local administrators decide to or not to enforce the rules? What considerations do they hold in the face of contradicting demands for their loyalties? This paper seeks answers to the above questions by examining state enforcement of its construction rules in Hanoi after 1975, in which the ward, a level of local administrators in the urban administration landscape, plays an important role in holding up (or letting down) the fences. I will examine the irrationality of the housing regime that led to widespread offences against construction rules, and then show why and how local administrators may or may not enforce rules. This paper comprises two parts. The first part outlines the nature and history of the housing regime in Vietnam and the situation of state provision of housing to the people. These provide the context in which illegal construction arises. Part Two looks at illegal construction in Hanoi chronologically, and focuses on important episodes. The theme that runs through this paper is the role of local administrators in the reality of illegal construction.

scholarly journals PEMBEBASAN UTANG PAJAK DALAM RANGKA PENGAMPUNAN PAJAK

2018 ◽  
Vol 4 (2) ◽  
pp. 141-152
Author(s):  
Dwi Widia Astuti
Keyword(s):  
Debt Relief ◽  
The State ◽  
Legal Research ◽  
Conceptual Approach ◽  
Tax Amnesty ◽  
The Law ◽  
The Government ◽  
State Expenditures

The role of taxes is very important in the state finances. Taxes become necessary in financing the expenditures of the state, especially the routine state expenditures. However, not infrequently there are taxpayer actions that cause in State losses. The condition is realized by the government so that the government issued Law Number 11 Year 2016 on Tax Amnesty. However, with the issuance of the Tax Forgiveness Law, it has resulted in various views in the community because for some obedient taxpayers, it is assumed that taxpayers are granted the convenience of their mistakes. So that does not reflect justice as one of the objectives of the law. Based on the issue, the authors will conduct further research on the legality of tax debt relief in the framework of tax forgiveness and the urgency of determining the tax forgiveness rule. This study is qualified as a normative juridical legal research with a type of legal research doctrinal using a statutory approach, and a conceptual approach. From this research, it is expected that the writer can analyze related to the legality of tax debt relief in the framework of tax forgiveness and the urgency of determining tax forgiveness rule.

scholarly journals Pembaruan Hukum Pencatatan Perkawinan di Indonesia Perspektif Maqasid Shari'ah

2013 ◽  
Vol 13 (2) ◽  
pp. 233
Author(s):  
Masruhan Masruhan
Keyword(s):  
The State ◽  
Legal Action ◽  
Negative Effects ◽  
The Law ◽  
The Government

Abstract: The role of marriage registration (recording) is important particularly in maintaining and protecting the rights of individuals to prove the marriage implementation. Registration of marriage, therefore, is governed by various related rules or regulation. Unfortunately, the registration of marriage is only as a normative one. Meanwhile, most Muslims do not obey the law of marriages arranged by the state because the law is ambiguous, having multi interpretations and difficult to implement. In fact, there are many negative effects emerging from marriage under the hands such as not getting the marriage certificate, and husband, wife and their children not being able to perform civil legal action against the genetic father who has left them. Therefore, marriage under the hand must be prevented with preventive, curative and anticipative measures. In order to produce a law that can respond to the changing demands of time, place, conditions and welfare of the spouses, the maqa&gt;s}id al - shari&gt;ah approach (the purpose of the law) is eligible to apply . Therefore, the government should change the law of registration of marriages that are not relevant to the state of society so that society will feel suitable with the legal registration of the marriage.

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