Why Motivation Cannot Go It Alone: Moral Education, Legal Theory and Social Justice

2007 ◽  
Author(s):  
Maksymilian T. Del Mar
2021 ◽  
Vol 5 (1) ◽  
pp. 202-211
Author(s):  
S. N. Shaklein

The subject. The article is devoted to the analysis of the effectiveness of administrative punishment enforced to persons with deviant behavior of an immoral orientation, and the development of proposals for improving the effectiveness of administrative punishment from a penological point of view. The subject of the research is administrative punishment and the legally fixed type and limits of administrative-tort sanctions, which allow administrative jurisdiction bodies and courts to enforce a specific type and measure of administrative punishment aimed at forming the legality of the behavior of an administrative delinquent. The purpose of the article is to confirm or disprove hypothesis that increasing the effectiveness of administrative punishment will significantly reduce the repetition of administrative offenses due to the educational impact on the consciousness and behavior of administrative delinquents, their moral education. The author analyzes the effectiveness of administrative fine by the repetition of administrative offenses (on all-Russian and regional statistics) and develops proposals for improving the effectiveness of administrative punishment. The methodology. The results of this research were achieved through the use of general scientific methods in the framework of observation, comparative, logical interpretation of legal acts, statistical analysis as well as through the analysis of law enforcement practice. The main results. The analysis of law enforcement practice has shown the ineffectiveness of the administrative punishment imposed on persons with deviant behavior of an immoral orientation. In this regard, the author suggests penological conditions for improving the effectiveness of rule-making and law enforcement practice, points out the need to ensure interaction and cohesion of jurisprudence, sociology of law and legal psychology, methods of persuasion and coercion in the development and application of administrative sanctions measures. It provides maximum flexibility of the final decision, the possibility of taking into account legal, social, psychological, economic and other nuances of the case in order to maximize the impact on the consciousness and behavior of a person for his subsequent correction and re-education, the formation of a persistent habit of lawful behavior. The author also proposes to provide for administrative liability for failure to comply with official warnings about the inadmissibility of actions creating conditions for commission of crimes, of administrative offences or of the inadmissibility of the continuation of antisocial behavior. Conclusions. The issues of increasing the effectiveness of the appointment and execution of administrative punishment need increased attention of the state and urgently require a targeted approach to punishment first of all. 


2020 ◽  

The first collection of key texts on post- and decolonial legal theory and TWAIL in German translation. The theoretical portion of the book is supplemented by practice-based reflections from activists and lawyers, which serve to consider, add to or challenge the theoretical approaches. These links to specific struggles for law, power, social justice, material equality and resources can help to show the extent to which contemporary situations of exploitation and inequality are an expression or consequence of historically contingent power dynamics, and the extent to which they can be read in light of processes of colonisation. The book, which seeks to challenge epistemic violence, is meant to spark critical debate on its contents and more. It aims to further productive dialogues and unsettle ostensibly settled fundamental assumptions, including those from the sphere of legal theory. With contributions by Antony Anghie, Makau Mutua, Bhupinder Chimni, Silvia Rivera Cusicanqui, Maria Lugones, Martti Koskenniemi, Anne Orford, Tarcila Rivera Zea, Colin Gonsalves, Alejandra Ancheita, Simon Masodzi Chinyai, Rupert Hambira, Kamutuua Hosea Kandorozu, Wolfgang Kaleck, Karina Theurer


2017 ◽  
Vol 17 (2) ◽  
pp. 133-149
Author(s):  
Deborah S. Mower ◽  

The primary problem we face when educating for social justice involves making problems and issues ‘real’ in ways that enable deep comprehension of the nature of injustice, the effects of systemic and dynamic causes, and the interaction of structures and policies on the lives of individuals. To address this problem, I examine work from behavioral economics and moral psychology as theoretical resources. I argue that we can glean insights from the notions of behavioral nudges and virtue labeling and propose a new account of nudges, which I call experiential nudges. Experiential nudges provide an important mechanism in educating for social justice, in particular, and can be extended within moral education more broadly.


2018 ◽  
Vol 3 (2) ◽  
pp. 97-121
Author(s):  
Benyamin Tungga

The development of the national economy in its achievement is inseparable from the role of the legal sector. Interdeterministis, between economic and law, two things that affect each other. That is, it can also start from the demands of the economic field to the field of law that can serve as a useful contribution to support economic growth. Law as a normative provision has a very important role and function in the field of economy. Scientific writing is intended to describe the legal theory in economic development. The results of the study provide an explanation that the economic system in Indonesia is Pancasila Economic System that was born in the heart of the nation that is Pancasila and UUD-45 and its interpretation. Therefore, the economic system of Pancasila is directly sourced from Pancasila, especially the fifth principle, namely: Social Justice for all Indonesian people and the mandate of Article 27 paragraph (2), Article 33-34 UUD-45 (4th Amendment). The fifth precept explains that all national and state orientations, economic, legal, social and cultural politics, are imbued with a spirit of comprehensive justice and destined for all Indonesians. Thus the legal contribution in the development of the Indonesian economy is a Pancasila economic system supported by the 1945 Constitution and its interpretation.


2017 ◽  
Vol 24 (1) ◽  
pp. 6
Author(s):  
Lisa Bliss ◽  
Sylvia Caley ◽  
Leslie Wolf

<p>Research and the production of scholarship is a fundamental part of being a legal academic. Such endeavors identify issues and answer questions that further understanding of the law, the profession, and the justice system itself. Research and scholarship in the legal academy traditionally meant the study of law and legal theory. A growing body of legal academics are focusing research and scholarship on legal education itself, as well as research that measures the impact of legal education on the development of students’ practical and professional skills.  The impact of clinical legal education is an important aspect of this scholarship.<a title="" href="file:///H:/HeLP%20Clinic/Scholarship/x__Measuring%20the%20Impact%20of%20Social%20Justice%20Teaching%20for%20submission%20091316.docx#_ftn1">[1]</a> This article explores how thoughtfully designed research projects can measure the impact of social justice teaching, using examples and experience gleaned from the evaluation and research component of a medical legal partnership<a title="" href="file:///H:/HeLP%20Clinic/Scholarship/x__Measuring%20the%20Impact%20of%20Social%20Justice%20Teaching%20for%20submission%20091316.docx#_ftn2">[2]</a> and its affiliated law school clinic. The article examines principles of good research design, the art of formulating research questions, and the potential uses for resulting data. It also identifies critical steps and issues to consider when developing a research project.</p><div><br clear="all" /><hr align="left" size="1" width="33%" /><div><p>        </p></div></div>


1986 ◽  
Vol 80 (4) ◽  
pp. 1333
Author(s):  
Robert Grafstein ◽  
Wojciech Sadurski
Keyword(s):  

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