Growth of American Theories of Popular Government

1907 ◽  
Vol 1 (4) ◽  
pp. 531-560 ◽  
Author(s):  
Albert Bushnell Hart
Keyword(s):  
Middle Ages ◽  
The State ◽  
Point Of View ◽  
The Body ◽  
Political Ethics ◽  
Creative Mind ◽  
The People ◽  
Popular Government ◽  
The Government ◽  
French Nation

Next to the conception of a visible church, no abstraction has had such an effect upon the minds of men as the idea of the State as an organization. The Roman Imperium has been a regnant principle in Europe for twenty centuries, against which the church in the Middle Ages made head with its doctrine of “The Two Swords”—church and empire. To the French mind “L'Etat” is something different from the body of Frenchmen or the French nation; and the old fashioned English idea of “God and the King” expressed a conception of an abstract sovereign power. It is strange that the people who have done most to alter the world's acceptance as to what government ought to be, have furnished no political creative mind, formulated no accepted philosophical basis for their government, and justify Bryce's dictum that the Americans have had no theory of the State, and have felt no need for one. “Even the dignity of the State has vanished. It seems actually less than the individuals who live under it—the nation is nothing but so many individuals. The government is nothing but certain representatives and officials.” Or as Tocqueville puts it: “As they perceive that they succeed in resolving without assistance all the little difficulties which their practical life presents, they readily conclude that everything in the world may be explained, and that nothing in it transcends the limits of the understanding.” It is true that the Americans are people who would speak disrespectfully of the equator if they knew of its existence; yet no people is more profoundly influenced by a body of political doctrine, only their point of view is that they practice freedom, equality and self-government, and therefore suppose that there must be definite principles behind those usages. While the French with their national acuteness in analysis and generalization deduce the principles of liberty from the nature of man and then strive to work them out in practice, the American theory of government is to be sought, not in treatises on political ethics or the disquisitions of American statesmen, but in the acts of assemblies, votes of conventions, proclamations of presidents and governors, and the thousand instances of exercise of an accepted authority.

scholarly journals KOMPETENSI ABSOLUT DAN RELATIF PERADILAN TATA USAHA NEGARA MENURUT UNDANG-UNDANG NOMOR 5 TAHUN 1986 Jo. UNDANG-UNDANG NOMOR 9 TAHUN 2004.

Solusi ◽  
2018 ◽  
Vol 16 (3) ◽  
pp. 344-352 ◽  
Author(s):  
Budi Aspani
Keyword(s):  
Behavior Management ◽  
Active Role ◽  
The State ◽  
Point Of View ◽  
Descriptive Data ◽  
Existing Problems ◽  
The People ◽  
Constitutional State ◽  
State Administration ◽  
The Government

ABSTRACT Indonesia is constitutionally constitutional state and requires the government through its apparatus in the field of State Administration to play a positive active role in all aspects of people's lives to achieve the prosperity of their people. Within this framework, it is not uncommon for a dispute to be caused by actions from the government in the form of irregularities, thus violating the human rights of its citizens. Strictly speaking, these deviations constitute government actions that are detrimental to those affected by the decision, in this case the people. The foregoing raises problems namely; whether any decision of the State Administration or Agency that causes harm to a person or legal entity can be submitted and sued as a dispute to the State Administrative Court and administrative efforts in which the decision can be sued again through the State Administrative Court. In this study the authors use the method of normative law research (normative law research) and by using primary, secondary and tertiary legal materials. Normative legal research examines laws that are conceptualized as the norms or principles that apply in society, and become a reference for each person's behavior. Management and analysis of data is done in a qualitative way that is analyzing library data to produce descriptive data. After conducting discussions on the existing problems, it can be concluded, Each decision of the State Administration Agency or officials that causes harm to civil legal persons or entities can be submitted and sued as a dispute to the State Administrative Court. Its relative competency is related to the place of residence or jurisdiction of the court itself, as well as the parties to the dispute. Whereas the absolute competence can be seen from the point of view of the basis of disputes, which is due to the issuance of written provisions by the State Administrative Court or Agency. Administrative efforts in resolving state administrative disputes are known as administrative channels or efforts, whether in the form of administrative appeals or objections. In accordance with the basis of our country's philosophy of Pancasila, then the state administrative disputes should be resolved as far as possible through administrative efforts, which are more deliberative in reaching consensus. But if all available administrative efforts have been used, it turns out that the disputing parties remain unsatisfied, then the matter is raised and sued through the State Administrative Court.

Bestuurszorg Pemerintah dalam Negara Hukum Indonesia

Esensi Hukum ◽  
2019 ◽  
Vol 1 (1) ◽  
pp. 1-11
Author(s):  
Herman -
Keyword(s):  
Rule Of Law ◽  
The State ◽  
The Body ◽  
Popular Sovereignty ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Rule Of Law ◽  
Maximum Extent ◽  
The People ◽  
The Government

Abstract Bestuurszorg is a concept found in modern rule of law. The main obligations in the rule of law are given duties and functions to the maximum extent to create prosperity and welfare of the people. The preamble to the constitution in force in Indonesia requires the Indonesian government's obligation to create prosperity and welfare. The body (article by article) of this constitution also explicitly states that the State of Indonesia is a state of law based on popular sovereignty. This research is a normative legal research with a statutory approach and a conceptual approach. The results of this study suggest that the obligations of the government in the Indonesian State of Law are duties and functions to create prosperity and welfare of the people. The government is also given the power to implement the constitutions and laws through its authority in terms of making laws and regulations independently. Keywords: State of law, bestuurszorg, prosperity and welfare.

scholarly journals PRINSIP-PRINSIP NEGARA HUKUM DALAM AL-QURAN DAN AS-SUNAH DAN IMPLEMENTASINYA DI INDONESIA

2019 ◽  
Vol 2 (1) ◽  
Author(s):  
Siti Hamimah
Keyword(s):  
Logical Consequence ◽  
Civil Law ◽  
The State ◽  
The Body ◽  
Central Position ◽  
The People ◽  
The Law ◽  
The Republic ◽  
The Government

Abstract As known in the Republic of Indonesia, which is the basis of its legal life is Pancasila, both as outlined in the preamble nor the body of the Constitution of 1945. And therefore the whole law dibujo by the state or government in the broadest sense, is not permitted contrary to God's law, even more so, any order made law, must berksaran above and diktunjukan for the implementation of the law of God. It en el mar as a logical consequence than the precepts on God in Pancasila, which is legally binding, to the people and the government to put it into practice. Inside the Pancasila enviar, religion has a central position. In it, embodied the principle that puts religion and to the Lordship of the Almighty in a position first and foremost. Therefore, it can not not, religion, also, must, admittedly, has a position, which is important, main, deep, effort, reform, law, criminal, national. Therefore, the authors are interested, write to, approach, law, Islam, about, practice, constitutional, that is, Indonesia, by referring, on the principles, contained in the Qur'an and the Sunnah of the ProphetKeywords : Prinsiple, Pancasila, civil law

Hukum Denda dalam Keuangan Publik Islam di Indonesia

2018 ◽  
Vol 12 (2) ◽  
pp. 313-328
Author(s):  
Fathul Aminudin Aziz
Keyword(s):  
Islamic Law ◽  
The State ◽  
Mutual Benefit ◽  
State Budget ◽  
The People ◽  
The Status ◽  
The Government

Fines are sanctions or punishments that are applied in the form of the obligation to pay a sum of money imposed on the denial of a number of agreements previously agreed upon. There is debate over the status of fines in Islamic law. Some argue that fines may not be used, and some argue that they may be used. In the context of fines for delays in payment of taxes, in fiqh law it can be analogous to ta'zir bi al-tamlīk (punishment for ownership). This can be justified if the tax obligations have met the requirements. Whereas according to Islamic teachings, fines can be categorized as acts in order to obey government orders as taught in the hadith, and in order to contribute to the realization of mutual benefit in the life of the state. As for the amount of the fine, the government cannot arbitrarily determine fines that are too large to burden the people. Penalties are applied as a message of reprimand and as a means to cover the lack of the state budget.

TO THE PROBLEMS OF COMBATING CORRUPTION IN MODERN RUSSIA AND INTERNATIONAL COOPERATION IN THE FIELD OF ANTI-CORRUPTION

2020 ◽  
Author(s):  
Angela Dranishnikova
Keyword(s):  
Large Scale ◽  
The State ◽  
Point Of View ◽  
Modern Life ◽  
Existing Problems ◽  
Moral Point ◽  
Material Goods ◽  
The Russian Federation ◽  
The Difference ◽  
The Government

In the article, the author reflects the existing problems of the fight against corruption in the Russian Federation. He focuses on the opacity of the work of state bodies, leading to an increase in bribery and corruption. The topic we have chosen is socially exciting in our days, since its significance is growing on a large scale at all levels of the investigated aspect of our modern life. Democratic institutions are being jeopardized, the difference in the position of social strata of society in society’s access to material goods is growing, and the state of society is suffering from the moral point of view, citizens are losing confidence in the government, and in the top officials of the state.

Formation of the research tradition of studying the institute Parliamentarism as a mechanism for the establishment of democracy

2017 ◽  
pp. 187-198
Author(s):  
Akil Ibrahim Al-Zuhari
Keyword(s):  
Balance Of Power ◽  
Research Strategy ◽  
The State ◽  
Executive Power ◽  
Research Tradition ◽  
Stage Of Development ◽  
The People ◽  
Long Time ◽  
The Government ◽  
Parliamentary Regimes

The article defines the features of the process of forming the research tradition of studying the institute of parliamentarism as a mechanism for the formation of democracy. It is established that parliamentarism acts as one of the varieties of the regime of functioning of the state, to which the independence of the representative body from the people is inherent, its actual primacy in the state mechanism, the division of functions between the legislative and executive branches of government, the responsibility and accountability of the government to the parliament. It is justified that, in addition to the regime that fully meets the stated requirements of classical parliamentarism, there are regimes that can be characterized as limited parliamentary regimes. The conclusions point out that parliamentarism does not necessarily lead to a democracy regime. At the first stage of development of statehood, it functions for a long time in the absence of many attributes of democracy, but at the present stage, without parliamentarism, democracy will be substantially limited. Modern researchers of parliamentarism recognize that this institution is undergoing changes with the development of the processes of democracy and democratization. This is what produces different approaches to its definition. However, most scientists under classical parliamentarianism understand such a system, which is based on the balance of power. This approach seeks to justify limiting the rights of parliament and strengthening executive power. Keywords: Parliamentarism, research strategy, theory of parliamentarism, types of parliamentarism

Justice as a Personal Virtue and Justice as an Institutional Virtue: Mencius’s Confucian Virtue Politics

2020 ◽  
Vol 2019 (4) ◽  
pp. 277-294
Author(s):  
Yong Huang
Keyword(s):  
Political Philosophy ◽  
Virtue Ethics ◽  
Social Institutions ◽  
Affirmative Answer ◽  
The State ◽  
Point Of View ◽  
Character Traits ◽  
Social Policies ◽  
Moral Principles ◽  
The Government

AbstractIt has been widely observed that virtue ethics, regarded as an ethics of the ancient, in contrast to deontology and consequentialism, seen as an ethics of the modern (Larmore 1996: 19–23), is experiencing an impressive revival and is becoming a strong rival to utilitarianism and deontology in the English-speaking world in the last a few decades. Despite this, it has been perceived as having an obvious weakness in comparison with its two major rivals. While both utilitarianism and deontology can at the same time serve as an ethical theory, providing guidance for individual persons and a political philosophy, offering ways to structure social institutions, virtue ethics, as it is concerned with character traits of individual persons, seems to be ill-equipped to be politically useful. In recent years, some attempts have been made to develop the so-called virtue politics, but most of them, including my own (see Huang 2014: Chapter 5), are limited to arguing for the perfectionist view that the state has the obligation to do things to help its members develop their virtues, and so the focus is still on the character traits of individual persons. However important those attempts are, such a notion of virtue politics is clearly too narrow, unless one thinks that the only job the state is supposed to do is to cultivate its people’s virtues. Yet obviously the government has many other jobs to do such as making laws and social policies, many if not most of which are not for the purpose of making people virtuous. The question is then in what sense such laws and social policies are moral in general and just in particular. Utilitarianism and deontology have their ready answers in the light of utility or moral principles respectively. Can virtue ethics provide its own answer? This paper attempts to argue for an affirmative answer to this question from the Confucian point of view, as represented by Mencius. It does so with a focus on the virtue of justice, as it is a central concept in both virtue ethics and political philosophy.

People’s Movement in Odisha: An Assessment

2017 ◽  
Vol 63 (2) ◽  
pp. 265-283
Author(s):  
Subhendu Ranjan Raj
Keyword(s):  
Human Rights ◽  
Large Scale ◽  
Civil Disobedience ◽  
The State ◽  
State Governments ◽  
Growth Strategies ◽  
Protest Movements ◽  
The People ◽  
The Government ◽  
Set Up

Development process in Odisha (before 2011 Orissa) may have led to progress but has also resulted in large-scale dispossession of land, homesteads, forests and also denial of livelihood and human rights. In Odisha as the requirements of development increase, the arena of contestation between the state/corporate entities and the people has correspondingly multiplied because the paradigm of contemporary model of growth is not sustainable and leads to irreparable ecological/environmental costs. It has engendered many people’s movements. Struggles in rural Odisha have increasingly focused on proactively stopping of projects, mining, forcible land, forest and water acquisition fallouts from government/corporate sector. Contemporaneously, such people’s movements are happening in Kashipur, Kalinga Nagar, Jagatsinghpur, Lanjigarh, etc. They have not gained much success in achieving their objectives. However, the people’s movement of Baliapal in Odisha is acknowledged as a success. It stopped the central and state governments from bulldozing resistance to set up a National Missile Testing Range in an agriculturally rich area in the mid-1980s by displacing some lakhs of people of their land, homesteads, agricultural production, forests and entitlements. A sustained struggle for 12 years against the state by using Gandhian methods of peaceful civil disobedience movement ultimately won and the government was forced to abandon its project. As uneven growth strategies sharpen, the threats to people’s human rights, natural resources, ecology and subsistence are deepening. Peaceful and non-violent protest movements like Baliapal may be emulated in the years ahead.

Serving the state or serving the people? The dilemma of social work graduates in Mainland China

2021 ◽  
Author(s):  
Rajendra Baikady ◽  
Cheng Shengli ◽  
Gao Jianguo
Keyword(s):  
Social Work ◽  
Mainland China ◽  
The State ◽  
Postgraduate Students ◽  
The People ◽  
The Government ◽  
And Function ◽  
Work Education ◽  
Schools Of Social Work ◽  
Depth Interviews

This article reports on the result of an exploratory qualitative study with in-depth interviews conducted with postgraduate students in Chinese universities. The data were collected from five schools of social work, covering three provincial-level administrative regions of Beijing, Shanghai and Shandong. The principal aim of this article is to understand the development of social work and student perspectives on the government’s role in social work development and the function of social work in China. The study shows that Chinese social work is still developing, and the expansion and function of social work education and practice is mandated by the state. Despite a robust authoritarian hold by the government, the study finds hope among the graduate students about the mission and future of social work in China.

scholarly journals Merebaknya Intoleransi (Hate Speech dan Hate Crime) dalam Politik Indonesia

2020 ◽  
Vol 12 (1) ◽  
pp. 87-99
Author(s):  
Munandzirul Amin
Keyword(s):  
Hate Crime ◽  
Hate Speech ◽  
The State ◽  
Political Order ◽  
New Order ◽  
The People ◽  
Technical Issues ◽  
The Government ◽  
The Relationship

Democracy provides a place for us to learn to live with the enemy because only democracy allows tension and paradox, which comes from freedom, to occur in society. In contrast to the New Order era, we can now enjoy freedom of opinion and association. This freedom can in turn produce tension. The relationship between elements of society with one another, or the relationship between the state and elements of society, can be tense because of differences in interests in regulating social and political order. Meanwhile, Indonesian society witnessed the paradox which also originated from freedom. This, for example, is shown by the emergence of intolerant groups such as the Islamic Defenders Front (FPI) and Hizb ut-Tahrir Indonesia (HTI). Even organizations such as HTI are of the view that democracy is not in accordance with the teachings of Islam in terms of sovereignty in the hands of the people, what should determine that is the preogrative right of Allah SWT. The government in the view of HTI only implements sharia and determines administrative technical issues.

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