scholarly journals The L.I. Petrazhitskiy’s Psychological Theory of State

2021 ◽  
Vol 1 ◽  
pp. 30-35
Author(s):  
Tatyana E. Gryaznova ◽  
Keyword(s):  
Social Group ◽  
State Power ◽  
Psychological Theory ◽  
The State ◽  
Political Organization ◽  
Emotional Experiences ◽  
Mass Behavior ◽  
Legitimate Interests ◽  
Human Psyche ◽  
The Law

According to L.I. Petrazhitsky, the doctrine of the state should be based on the method of introspection (self-observation), as only it allows us to study the emotional and intellectual processes of the human psyche that determine individual and mass behavior of people, including their association in unrelated independent social unions, that include the state. The author considers that the main feature of the state is the presence of power, which interpreted as an emotional projection of legal emotional and intellectual experiences of individuals. According to L.I. Petrazhitsky, the means of legitimation of state power is the unity of emotional experiences of subordinate subjects that form the peoples’ legal psyche. Under the state, L.I. Petrazhitsky means the power-political organization of an unrelated social group, which is an emotional projection of solidary imperative-attributive (legal) experiences of subordinate subjects in order to serve the Law. The significance of this concept lies in the formulation of the problem of the legitimacy of state power, the interpretation of everyday consciousness as a source of external authorities that often prevent the realization and the demonstration of the rights and legitimate interests of citizens, the idea of the official nature of state power in relation to the Law.

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

Foucault and the state

2015 ◽  
Vol 36 (1) ◽  
pp. 135-164
Author(s):  
Stephen W. Sawyer
Keyword(s):  
Civil Society ◽  
International Law ◽  
State Power ◽  
Global Civil Society ◽  
The State ◽  
Political Organization ◽  
Global Finance ◽  
Social Scientists ◽  
Global Capital ◽  
Popular Power

For those attentive to the epochal shifts of globalization, the state has been either serving global capital or on its way out for decades. Neo-liberalism prones new scales of economic and political organization and the promise of a global civil society while international law ostensibly undermines the traditional functions of state power. The inadequacy of the state has found an equally sharp echo among populists who have reaffirmed democracy at the expense of a robust state. And in an odd déjà-vu, social scientists are once again pushing elsewhere: the state would seem at once the all-powerful protagonist of global finance or entirely insufficient for integrating popular power in our contemporary democracies.

Revisiting Bolivian “Progressivism”: The Anticommunalism of the Plurinational State

2020 ◽  
Vol 47 (5) ◽  
pp. 148-162
Author(s):  
Huáscar Salazar Lohman
Keyword(s):  
State Power ◽  
The State ◽  
Political Organization ◽  
Social Forces ◽  
The Social

As the Bolivian government adopts increasingly conservative and authoritarian features, a policy meant to boost capitalist extractivism is becoming increasingly evident. This should be understood not as the end of a “progressive” government but as the consolidation of a new structure of state power sustained by an anticommunal stance that has involved a redefinition of the government’s alliance with the ruling classes and the systematic dismantling of the social forces that are now struggling to reappropriate political prerogatives in arenas of political organization unrelated to the state. A medida que el gobierno boliviano adopta características cada vez más conservadoras y autoritarias, se ha hecho cada vez más evidente una política destinada a impulsar el extractivismo capitalista. Esto no debe entenderse como el fin de un gobierno “progresista”, sino como la consolidación de una nueva estructura de poder estatal sostenida en una postura anticomunitaria que implica una redefinición de la alianza entre el gobierno y las clases dominantes, así como el desmantelamiento sistemático de las fuerzas sociales que ahora luchan por la reapropiación de prerrogativas políticas desde ámbitos no estatales de organización política.

Introduction

2020 ◽  
pp. 1-20
Author(s):  
Conor McCarthy
Keyword(s):  
State Power ◽  
The State ◽  
State Of Exception ◽  
Homo Sacer ◽  
The Social ◽  
Historical Phenomenon ◽  
The Law ◽  
Two Bodies

While exclusion from law is often assumed to be an historical phenomenon, the discussion here argues that it is an enduring and important tactic of state power. Such exclusion can occur in two directions – exclusion above the law (as where the state licenses itself or its agents to act with impunity) or exclusion below the law (as where the state excludes an individual or group from the law's protection). This book concerns itself with both, and in doing so, offers readings from two bodies of literature in English not normally read in tandem – the literature of outlawry, and the literature of espionage. This Introduction briefly surveys some influential previous work in this area – in particular Eric Hobsbawm’s notion of the ‘social bandit’ and Giorgio Agamben’s idea of the homo sacer and his related study of the ‘state of exception’ – and sets out the argument to follow.

LEGAL SUPPORT OF DEVELOPMENT OF PUBLIC RELATIONS IN THE FIELD OF LABOR

2017 ◽  
Author(s):  
Liudmyla Mashkovska ◽  
◽  
Iryna Kovalenko -Chukina ◽  
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Labor Policy ◽  
The State ◽  
Entire System ◽  
The Social ◽  
Modern Business ◽  
Legitimate Interests ◽  
Business Conditions ◽  
The Law

The article analyzes the issues of regularity of development of social relations in the field of labor, and its legal support, highlights the law to work as a subjective right of a person, which creates, first of all, a mechanism for implementing, protecting and protecting the entire system of workers' rights. Freedom of labor should include the possibility for a person to engage in or not to engage in work, and if engaged, to choose freely. Attention is paid to ensuring that everyone enters into labor relations without discrimination to realize their abilities, and regardless of the grounds of labor relations, the state is obliged to create effective organizational and legal mechanisms for labor relations at the level of law, and the absence of such mechanisms employee freedoms. All labor relations should be based on the principles of social protection and equality for all enterprises, institutions, organizations, regardless of ownership, type of activity and industry affiliation, as well as persons working under an employment contract, which, in particular, should be reflected in establishing an exhaustive list of conditions. and the grounds for termination of such relations. Since we are talking about the law to work as a subjective law, as well as legitimate interests arising from this law, the object of protection are subjective laws and legitimate interests enshrined in labor law, which reflect the diversity of labor activities of the parties to the employment relationship. This, in turn, creates a mechanism for the implementation, protection and defense of the entire system of laws of both employees and employers. It is their combination is the main content of the entire system of labor protection in the process of employment, in the process of employment and its termination. Modern conditions in which the state is recognized as social and democratic require that the social approach in law, including labor law, gradually become decisive. The personality of the employee in modern business conditions should play a significant role, relations in the field of hired labor should be reoriented in the social direction, in favor of the employee. Emphasis is placed on the fact that labor policy should be aimed at the active use of legal standards and their further development, taking into account the accumulated legal experience and modern business conditions, which, above all, should be focused on decent work and adequate pay.

Some Legal Remedies of Prosecutor’s Supervision over the Legality of Procurement Activities

2021 ◽  
pp. 101-103
Author(s):  
Anna Yu. Marinicheva ◽  
Keyword(s):  
Distinctive Feature ◽  
Effective Means ◽  
The State ◽  
Criminal Prosecution ◽  
Fair Competition ◽  
Legal Relationship ◽  
Legal Remedies ◽  
Legitimate Interests ◽  
The Law ◽  
Administrative Proceedings

Legal remedies of prosecutor’s supervision should be understood as the powers of prosecutors provided for by law, as well as the procedure and form of their implementation. A distinctive feature of the legal remedies of prosecutor’s supervision is that, as a result of their application, there always arises a legal relationship between the prosecutor’s office and the supervised person. The legal remedies of prosecutor’s supervision over the legality of procurement activities are classified according to traditional criteria: remedies aimed at identifying violations in the field of procurement activities – the powers of the prosecutor provided for by Art. 22 of the Law on the Prosecutor’s Office; remedies aimed at eliminating violations of the law – protests and proposals; and remedies aimed at bringing the perpetrators to justice – decisions on the initiation of administrative proceedings and sending materials containing signs of a crime to the criminal prosecution body to resolve the issue of initiating a criminal case. Practice shows that the most frequently used and effective means is the prosecutor’s appeal to the court with a statement of claim. The judicial order is the most effective: it allows fully influencing the offender and ensuring the protection of the rights and legitimate interests of entrepreneurs or the state. The main objectives of the prosecutor’s participation in trials are to ensure efficiency in spending budget funds, broad participation in procurement activities of various entities, fair competition, transparency of procurement procedures, elimination of corruption-generating factors, prevention of violations in procurement activities by procurement participants.

Falling from a Tightrope: Doctors and Lawyers between the Market and the State

1993 ◽  
Vol 41 (2) ◽  
pp. 197-213 ◽  
Author(s):  
Margaret Brazier ◽  
Jill Lovecy ◽  
Michael Moran ◽  
Margaret Potton
Keyword(s):  
Cultural Change ◽  
Self Regulation ◽  
State Power ◽  
The State ◽  
British Government ◽  
The Law ◽  
Legal Professions ◽  
External Forces ◽  
The Impact

The organization of the medical and legal professions in Britain has depended heavily on ideologies of self-regulation, and on different institutional creations inspired by those ideologies. Self-regulation balances professions between the market and the state. In recent years both medicine and the law have been subjected to greater competition in the market, and greater control by the state. Part of the explanation for change lies in conditions particular to medicine and law but the similarity in recent regulatory experiences can only be explained by the working of common external forces. Two are identified: the impact of long-term cultural change on a regulatory balancing act originally created in an undemocratic and hierarchical society; and the impact of a modernizing elite in British government seeking to use state power to reverse the decline in British competitiveness.

scholarly journals Basic Ideas of State Power Limitation in Political and Legal Doctrine

2017 ◽  
Vol 10 (4) ◽  
pp. 197
Author(s):  
Galina S. Belyaeva ◽  
Boris V. Makogon ◽  
Sergej N. Bezugly ◽  
Marina L. Prokhorova ◽  
Dariusz Szpoper
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
State Power ◽  
The State ◽  
Scientific Concepts ◽  
Legal Doctrine ◽  
The Rule Of Law ◽  
The Law ◽  
Basic Ideas

The article deals with some issues of the state power restriction, and the necessity of this is justified. The evolution of state power restriction certain criteria and forms are analyzed in accordance with the emergence of relevant ideas and scientific concepts and their chronology: the restriction of power by another power, self-restraint of state power; the restriction of state power by the law and human rights in connection with the contemporary problems of state power restrictions in a state governed by the rule of law.

scholarly journals The Social Subjects of Librarianship Management: the Library Triad

2015 ◽  
pp. 27-31 ◽  
Author(s):  
A. V. Sokolov
Keyword(s):  
Social Environment ◽  
Normal Condition ◽  
Social Group ◽  
State Power ◽  
The State ◽  
The Social ◽  
History Of ◽  
Marketing Implementation ◽  
Library Marketing

The article considers the issues of librarianship management. There are three social subjects, determining its development in Russia: the state power, the social group of «librarians» and the social environment. There is shown the variability of this triad, using as an example the stages of history of the Russian libraries of XX century. Interaction between subjects of librarianship management is executed in the forms of: education, promotion and marketing. Implementation of forms depends on the type of library. There is studied the concept of library marketing and introduced specific details in its definition. The author concludes that in contemporary Russia there is only one social subject interested in the normal condition of library triad: there is the social group of «librarians».

scholarly journals A Tensão entre Constitucionalismo e Exceção: a Ordem Estatal sobreposta aos Direitos Fundamentais / The Tension between Constitutionalism and Exception: when the State Order Prevails over Fundamental Rights

2017 ◽  
Author(s):  
Henrique Smidt Simon
Keyword(s):  
State Power ◽  
The State ◽  
Fundamental Rights ◽  
Political Life ◽  
State Of Exception ◽  
Constitutional Rights ◽  
Brazilian State ◽  
The Law ◽  
The Government ◽  
Legal Strategies

Resumo: Cada vez mais o poder público limita direitos e aumenta a repressão, sem corrigir as falhas que levam ao conflito. Isso indica o uso do direito como garantidor de ordem, não de liberdade. O intento deste artigo é mostrar, discutindo as noções de estado e constituição, o conflito entre liberdade e ordem e como o direito serve para proteger a primeira. Assim, relaciona-se a legalidade no estado contemporâneo com a limitação do poder. Faz-se, então, a relação com a ideia de nação e a prevalência da vontade do estado. Após, trabalha-se o estado de exceção e como a ordem e a coerção estatal são postas acima dos direitos e garantias constitucionais. A prevalência da ordem sobre a proteção constitucional pode ser vista nas manifestações de junho de 2013; nos rolezinhos e na situação do presídio de Pedrinhas, exemplos da lógica do estado de exceção incorporada à vida política brasileira, o que responde à discussão teórica que os antecede. Ademais, o estado brasileiro aumenta seu poder de repressão com estratégias jurídicas que diminuem seus limites ou seu controle. O texto defende a necessidade de retomar as lógicas da legalidade e do constitucionalismo para combater a naturalização do estado de exceção. Abstract: Nowadays is getting usual for the government to limit rights and expand its capacity of repression without correcting the flaws that cause conflicts. This indicates the use of the law as a way to grant order, not liberty. The aim of this article is to show, discussing the ideas of state and constitution, the tension between liberty and order and how the law should work to protect the former. Thus, the contemporaneous state is related to legality, understood as a mean to limit the state power. Then, the concept of state of exception is presented and is shown as the state order and coercion overlap constitutional rights. This overlapping can be seen in the “June 2013” protests; in the flash mob situations and in the case of “Pedrinhas” Prison. Those are examples of the logic of the state of exception embodied to the Brazilian political life. Furthermore, Brazilian state increases its repression power by using legal strategies that decrease its means of being restrained. The text asserts the need to rethink legality and constitutionalism as a way to fight the naturalization of the state of exception.

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