The Penal Pyramid

2017 ◽  
Author(s):  
Alexandra Natapoff
Keyword(s):  
Rule Of Law ◽  
Social Relations ◽  
Plea Bargaining ◽  
Penal System ◽  
Small Class ◽  
Institutional Practices ◽  
Race And Class ◽  
Criminal Convictions ◽  
Policy Choices ◽  
Arrest Policies

In this chapter, Alexandra Natapoff conceptualizes the criminal system as a “pyramid” in order to capture how formal rules sometimes determine processes and outcomes while often social factors such as race and class are more influential. The top of the pyramid represents serious felonies, the federal system, wealthy defendants, and the relatively small class of cases governed by a reasonably functional rule of law. By contrast, further down the pyramid, cases get pettier, defendants poorer, and counsel more burdened. By the time we reach the massive bottom—the realm of petty offenses and assembly-line courts—race, class, police arrest policies, and prosecutorial plea-bargaining habits best explain criminal outcomes and procedures. The chapter traces this dynamic to concrete doctrinal and policy choices. As Natapoff writes, “the pyramid . . . illustrates a profound feature of the penal system: sometimes criminal convictions can fairly be justified as a product of law and evidence, while sometimes they are better understood as a product of institutional practices and inegalitarian social relations.”

PRINCIPLES OF STATE REGULATION OF THE ACTIVITIES OF BODIES OF THE STATE EXECUTIVE SERVICE AND PRIVATE EXECUTORS

2018 ◽  
Vol 1 (13) ◽  
pp. 69-77
Author(s):  
Mariіa Konstantinovna Kulava
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Social Relations ◽  
State Regulation ◽  
Court Decisions ◽  
Regulatory Requirements ◽  
The Rule Of Law ◽  
State Administration ◽  
Executive System ◽  
The Right

Within the presented article, taking into account already existing achievements of scientists, the concept, the main features of the principles of state administration of the executive system of Ukraine are defined. The principles of activity of executive bodies bodies according to the current legislation of Ukraine are determined. A brief description of the principles is presented, namely: the rule of law, legality, compulsory, independence, justice, impartiality and objectivity, discretion, transparency and openness of executive proceedings and its fixation by technical means, the reasonableness of the time limits for enforcement proceedings, the proportionality of enforcement measures and the amount of claims for decisions, the right to appeal decisions, actions or omissions of state executives, private performers. It is established that in general the principles of executive proceedings in the investigated normative acts are duplicated, in addition to the principles of independence and the right to appeal decisions, actions or inaction of state executives, private performers. The actual vision of the principles of public administration of the executive system of Ukraine is determined. The opinion on the need to supplement the list of principles with the following: the principle of equal competition between state and private performers through the balance between them; the principle of responsibility of the executive system bodies, their officials and private executors for damage caused as a result of violations of regulatory requirements; the principle of introducing effective incentives for voluntary implementation of decisions; the principle of professionalism and competence. Also, within the submitted article, it is stated that the use of the terms “principles” and “principles” in the Laws of Ukraine “On Bodies and Officials Performing Enforcement of Court Decisions and Decisions of Other Bodies”, “On Enforcement Proceedings”, which are adopted simultaneously and regulated, are unjustified, identical social relations.

APPLICATION OF THE RULE OF LAW IN JUDICIAL PRACTICE

2017 ◽  
Author(s):  
Lyudmyla Bogachova ◽  
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Social Relations ◽  
Political Power ◽  
Early Stage ◽  
The State ◽  
Broad Sense ◽  
Constitutional Court ◽  
The Rule Of Law ◽  
Judicial Practice

The article defines the concept of the principle of the rule of law both in the narrow and broad sense. In the narrow sense, the principle of the rule of law is understood as the rule of law over legislation, and in the broad sense - as the rule of law over the state, state arbitrariness. Different approaches to disclosing the content of the principle of the rule of law in national and European legal doctrines are systematized. The lack of a single generally accepted concept of the principle of "rule of law" is emphasized. The decisions of the European Court of Human Rights are analyzed; attention is focused on their interpretation of the rule of law. The realization of the principle of the rule of law, primarily presupposes the domination of inalienable and inviolable human rights and freedoms over the political power of the state, and also requires quality laws and observance of the principle of legal certainty. The interpretation of the principle of the rule of law in the decisions of the Constitutional Court of Ukraine is considered. The CCU emphasizes that the rule of law is first and foremost the "rule of law in society"; characterizes the principle, linking it to the ideas of social justice, freedom and equality, without which it is impossible to imagine true human development and existence. The Constitutional Court calls justice as one of the basic principles of law, which is crucial in defining it as a regulator of social relations, one of the universal dimensions of law. Examples of application of the rule of law in the practice of the Supreme Court of Ukraine are given. Judges not only make a formal reference to the rule of law, but also try to analyze and disclose the content of its constituent elements (requirements) within a specific legal case. The main problems that hinder the effective implementation and realization of the rule of law in judicial practice are identified, namely - the lack of proper regulation and official interpretation; low quality of laws and legislative process; excessive number of conflicting laws; low level of legal awareness and legal culture of Ukrainian society, and early stage of civil society development in Ukraine. It is concluded that the rule of law is a principle whose main content is expressed in the following aspects: ensuring the rule of law over political power; subordination of state institutions to the needs of human rights protection and ensuring their implementation; priority of these rights over all other values of democratic, social, and legal state; preventing the manifestation of arbitrariness of state power, as well as ensuring compliance with the requirements of justice.

scholarly journals LARANGAN PERNIKAHAN BEDA AGAMA DALAM PERSPEKTIF SYAD ZARI’AH IMAM AL-SYATIBI

2018 ◽  
Vol 2 (2) ◽  
pp. 174
Author(s):  
Muhammad Zainuddin Sunarto
Keyword(s):  
Human Rights ◽  
Social Relations ◽  
Islamic Law ◽  
Preventive Measures ◽  
The Other ◽  
Application Form ◽  
Modern Times ◽  
Race And Class ◽  
The Road

Social relations in modern times is now very universal, without limitation of religion, race, and class, then it allows two people of different religions into love, affection, and was about to enter into marriage. On the other hand, freedom of religion in Indonesia is guaranteed in the Constitution and protected in points on human rights. In Islamic law known several methods in the determination of a law one of which is Syad Zari’ah, is defined as preventive measures to avoid the ugliness. Imam al-Syatibi, One philosopher of Islamic law has its own ideas about these methods. In Usul al-Fiqh Study, Syad Zari’ah interpreted as closing the road that leads to destruction. Imam al-Syatibi at defining about Syad Zari’ah “do a job which all contain kindness changed to an ugliness”. someone doing a job that basically allowed because it contains a kindness, but the objectives to be achieved end on an ugliness. haram law in this case not because of his own actions, but the law forbidden here because the objectives to be achieved from such actions. this is called the practice of Syad Zari’ah. This method is deemed the application form from the rules of fiqh “dar’u al-mafasid muqaddamun ‘ala jalbi al-masalih”. From the other side, haram law here is also based of maqasid syari’ah in keeping religion in order to avoid switching to another religion

Senegalese Street-Sellers, Racism and the Discourse on ‘Irregular Trade’ in Rimini

Modern Italy ◽  
1999 ◽  
Vol 4 (2) ◽  
pp. 225-239 ◽  
Author(s):  
Bruno Riccio
Keyword(s):  
Social Relations ◽  
Public Discourse ◽  
Summer Camp ◽  
Main Concern ◽  
Social Phenomena ◽  
Institutional Practices ◽  
Dominant Discourse ◽  
Seasonal Movement ◽  
Economic Trends ◽  
The Town

SummaryThe coast of Emilia-Romagna is a favourite destination for the seasonal movement of Senegalese street-sellers. It is no coincidence that Rimini hosted one of the first racist demonstrations of shopkeepers in 1989. The situation has worsened over time. In fact, the local public discourse on immigration never developed autonomously but has always been connected to the discourse expressing the main concern of the town: irregular trade. Yet discourses do not work alone and are linked also to social relations and to economic trends such as the restructuring of the local retailing economy and the tourist sector. This article therefore shows how racism in Rimini is the fluid product of, first, the overlapping of discourses about differing social phenomena which shape the dominant discourse on immigration; and, secondly, the identification with this dominant discourse that has emerged from everyday social relations and institutional practices. The latter part of the article presents elements of the counter-discourse, based on observations and conversations carried out with Senegalese immigrants in a summer camp outside Rimini. Finally, a proposal by the mayor of Rimini to exclude non-resident immigrants coming from outside the province is analysed as an example of the criminalization of immigrants through the application of a ‘sedentarist metaphysic’.

scholarly journals SOCIETY, TRAPPED VALUES AND FUTURE OF HUMANITY IN EUROPE: THE LESSONS FOR UKR

2021 ◽  
Vol 1 (21) ◽  
Author(s):  
T.L. LIAKH ◽  
Keyword(s):  
European Union ◽  
Civil Rights ◽  
European Community ◽  
Rule Of Law ◽  
Social Relations ◽  
Well Being ◽  
Policy Support ◽  
The European Union ◽  
Association Agreement ◽  
European Values

The article is devoted to the formation of European values in Ukraine in the conditions of social transformations. The author defines that values are the system-forming core of activity and inner spiritual life of a person, and the system of values is the link that unites society and the individual, involving them in the system of social relations. It has been found that the main European values, which are distinguished by the profile organizations and on which the European community is based, are the following: respect for human dignity; fundamental rights, including the rights of communities and families; freedom (expression of will, freedom of speech, freedom of the media); democracy; equality of all members of society, including minorities; rule of law; pluralism; non-discrimination; tolerance; justice; solidarity; responsibility; equal gender rights. By signing the Association Agreement with the European Union, Ukraine has committed itself to develop relations with the European Union on common values. European values as fundamental ones are reflected in the Constitution of Ukraine. It has been determined that in the European Union values perform various functions (political, aimed at ensuring democracy, development of the rule of law, anti-discrimination, civil rights and human freedoms; consolidating – the formation of the European community and common social and humanitarian space; society, preservation and dissemination of European values, legal – justice, guaranteed by an ombudsman, protection of human and civil rights, economic – the formation of a socially-oriented market economy, ensuring balanced economic growth, full employment, prosperity, well-being, guaranteed property, overcoming poverty; social – achieving social harmony, social security and social assistance, health care, support for the family, protection of vulnerable groups, cultural – preservation of traditions, freedom of religion, language policy support, development of education, culture; information and communication – providing access to documentation, interaction with citizens.

The Rhetoric of Criminal Law

2018 ◽  
Author(s):  
Markus D. Dubber
Keyword(s):  
Rule Of Law ◽  
Criminal Law ◽  
Liberal Democracy ◽  
State Power ◽  
Penal System ◽  
Rhetorical Strategies ◽  
State Punishment ◽  
The Rule Of Law ◽  
Fundamental Challenge ◽  
Penal State

Dual Penal State is about the collective failure to address the fundamental challenge of legitimating the threat and use of penal violence in modern liberal states. The first part of the book investigates various ways in which criminal law doctrine and scholarship have managed not to meet the continuing challenge of legitimating state penal power: the violent violation of the autonomy of the very persons upon whose autonomy the legitimacy of state power supposedly rests in a state under the rule of law (Rechtsstaat). Part I focuses primarily on German criminal law, and German criminal law science, with regular comparative glances beyond the German penal system. Chapter 2 highlights several key rhetorical strategies in modern criminal law doctrine that divert attention from the troubling—and possibly irresolvable—paradox of state punishment in a modern liberal democracy.

Engaging Scholarship

2018 ◽  
Author(s):  
Markus D. Dubber
Keyword(s):  
Rule Of Law ◽  
Criminal Law ◽  
State Power ◽  
Penal System ◽  
The Rule Of Law ◽  
Fundamental Challenge ◽  
Penal State

Dual Penal State is about the collective failure to address the fundamental challenge of legitimating the threat and use of penal violence in modern liberal states. The first part of the book investigates various ways in which criminal law doctrine and scholarship have managed not to meet the continuing challenge of legitimating state penal power: the violent violation of the autonomy of the very persons upon whose autonomy the legitimacy of state power supposedly rests in a state under the rule of law (Rechtsstaat). Part I focuses primarily on German criminal law, and German criminal law science, with regular comparative glances beyond the German penal system. Chapter 1 explores the failure of a parochial and self-referential conception of criminal law as science to engage with fundamental questions of legitimacy.

ECONOMIC EFFICIENCY OF LEGAL NORMS AND ITS ASSESSMENT THROUGH THE PRISM OF THE RULE OF LAW (ON THE EXAMPLE OF TAX LEGISLATION)

2021 ◽  
Vol 2021 (2) ◽  
pp. 63-74
Author(s):  
Volodymyr USTYMENKO ◽  
◽  
Ruslan DZHABRAILOV ◽  
Keyword(s):  
Public Relations ◽  
Rule Of Law ◽  
Social Relations ◽  
Tax Policy ◽  
Legal Regulation ◽  
The State ◽  
Project Work ◽  
Economic Science ◽  
Economic Criterion ◽  
The Rule Of Law

It is noted that an important quality of legal regulation should be the effectiveness of the method and means chosen by the state to promote the achievement of the planned socio-economic result. Despite the fact that some principles of normative project work have been covered at the legislative level (in particular, on the example of legislation in the field of regulatory policy), the practice of adopting normative legal acts the effectiveness of which remains questionable continues. One of the reasons for this state of legal regulation of social relations is the improper consideration, and sometimes conscious disregard for theoretical and applied constructions that have been substantiated within the framework of legal and economic science. As a result, this leads to the establishment of an unjust order in a certain area of public relations, which threatens the further sustainable development of the state. In view of this, attention is focused on the defects of the implementation of legal principles, especially the principle of the rule of law, in the field of legal regulation of economic relations, which leads to the imaginary effectiveness of the relevant legal acts. It is proved that the effectiveness of legal regulation of public relations will be evidenced not only by the rate of achievement of the expected result at the expense of the minimum necessary resources of economic entities, citizens and the state (i.e. the economic criterion), but also the degree of compliance with the rule of law, which will allow to talk about promoting the adoption by a legal act of the ideology of justice. Based on the analysis of some examples of legislative practice in the field of taxation, it is established that the adoption of regulations contrary to the rule of law has led to the direction of tax policy to achieve socio-economic results that contradict the principles of tax policy as a type of economic policyand principles of social policy of the state in terms of income redistribution set out in strategic documents.

Race and Social Control in Independent Brazil

1977 ◽  
Vol 9 (2) ◽  
pp. 199-224 ◽  
Author(s):  
Thomas Flory
Keyword(s):  
Nineteenth Century ◽  
Latin America ◽  
Property Rights ◽  
Social Control ◽  
Social Relations ◽  
Free Society ◽  
Age Of Revolution ◽  
Race And Class ◽  
Political Structures

Historians of the age of revolution have often pointed out the contradictions inherent in the preservation of slavery within political structures self-defined as liberal. In Latin America many a nineteenth-century apologist stymied the question by citing the countervailing inviolability of property rights as justification for the continued bondage of slaves to their masters; but what, then, explains the discriminatory treatment of free blacks and mulattoes under nominally liberal regimes? Within free society no such ideological impasse can be identified, yet an analogous, if informal, subordination of the rights of the free colored is amply documented. And the analogy may be extended to include the free poor, regardless of color. At this point matters of race and class overlap, raising important questions about social relations and policies that cannot be answered by reference to formal ideology alone.

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