The Politics of Paternalism

2015 ◽  
Author(s):  
Julian Le Grand ◽  
Bill New
Keyword(s):  
Well Being ◽  
The State ◽  
The Government ◽  
The Individual ◽  
The Right ◽  
Better Than

This chapter examines the politics of paternalism. It first considers the question of whether the government can do better than the individual, outlining a set of justifications for government paternalism and showing how the state can intervene to improve the well-being of its citizens. It then discusses possible ways in which the government could be held to account to ensure that, in its paternalistic interventions aimed at improving its citizens' well-being, it does actually pursue the “right” agenda. It argues that the government can indeed raise the well-being of individuals who suffer from reasoning failure, even when allowance is made for possible reasoning failure among those individuals who constitute the government. However, democratic mechanisms must be put in place to ensure that the latter do not pursue their own agenda and turn the paternalistic state into an instrument of authoritarianism.

scholarly journals An Integrated Approach to Redistribution: Issues of Policy, Economics and Information

2021 ◽  
Author(s):  
◽  
Mark Prebble
Keyword(s):  
New Zealand ◽  
Policy Development ◽  
Personal Information ◽  
Integrated Approach ◽  
Well Being ◽  
The State ◽  
Philosophical Foundations ◽  
The Government ◽  
The Individual ◽  
The Right

<p>This thesis considers how best to administer redistribution policies. It focuses particularly on the information needed to assess relative circumstances, the implications of the government collecting such information, and processes by which the appropriate information may be assembled and assessed. In New Zealand, as with many other OECD nations, the Government's redistribution policies are administered through a range of different agencies, with duplication in some areas and gaps in others. An integrated approach to redistribution systems may offer a means to improve equity and efficiency. Part One discusses the assessment of relative well-being, and adopts the choice set as the intellectual device for this purpose. The time period for the assessment of income is examined in detail, with the conclusion that a long period should be used except where the individual is constrained to operate under a short time horizon. A new concept of "bankability" is developed as a means of identifying those operating under such constraints. Part Two uses the philosophical foundations of the value of privacy to develop a new statement of the right to privacy, such that everyone should be protected against the requirement to divulge information, unless that information is the "business" of another party. A view on the business of the state depends on one's ideology of the state. Since it is generally accepted in New Zealand in the late twentieth century that the state has a role in redistribution, the state has some right to collect information for that purpose. However, the rights of the state are moderated by the existence of a common law tradition of respect for individuals. A set of criteria for evaluating redistribution systems is devised in Part Three. These criteria, which include consideration of the information to be collected, individual control over personal information, and administrative simplicity, are then used to identify significant weaknesses in the systems currently used in New Zealand. The main problems identified are the collection of inadequate information, duplication, and complex institutional structures; the main virtue of the current systems is that information provided is only used for the purpose for which it was provided. An alternative approach is outlined which would address the problems while retaining the current protection of privacy interests. This thesis is a mix of inter-disciplinary academic enquiry and policy development. Part One is an amalgam of economic and philosophical approaches, Part Two involves philosophy and politics, and Part Three applies the theoretical considerations to issues of public administration.</p>

scholarly journals An Integrated Approach to Redistribution: Issues of Policy, Economics and Information

2021 ◽  
Author(s):  
◽  
Mark Prebble
Keyword(s):  
New Zealand ◽  
Policy Development ◽  
Personal Information ◽  
Integrated Approach ◽  
Well Being ◽  
The State ◽  
Philosophical Foundations ◽  
The Government ◽  
The Individual ◽  
The Right

<p>This thesis considers how best to administer redistribution policies. It focuses particularly on the information needed to assess relative circumstances, the implications of the government collecting such information, and processes by which the appropriate information may be assembled and assessed. In New Zealand, as with many other OECD nations, the Government's redistribution policies are administered through a range of different agencies, with duplication in some areas and gaps in others. An integrated approach to redistribution systems may offer a means to improve equity and efficiency. Part One discusses the assessment of relative well-being, and adopts the choice set as the intellectual device for this purpose. The time period for the assessment of income is examined in detail, with the conclusion that a long period should be used except where the individual is constrained to operate under a short time horizon. A new concept of "bankability" is developed as a means of identifying those operating under such constraints. Part Two uses the philosophical foundations of the value of privacy to develop a new statement of the right to privacy, such that everyone should be protected against the requirement to divulge information, unless that information is the "business" of another party. A view on the business of the state depends on one's ideology of the state. Since it is generally accepted in New Zealand in the late twentieth century that the state has a role in redistribution, the state has some right to collect information for that purpose. However, the rights of the state are moderated by the existence of a common law tradition of respect for individuals. A set of criteria for evaluating redistribution systems is devised in Part Three. These criteria, which include consideration of the information to be collected, individual control over personal information, and administrative simplicity, are then used to identify significant weaknesses in the systems currently used in New Zealand. The main problems identified are the collection of inadequate information, duplication, and complex institutional structures; the main virtue of the current systems is that information provided is only used for the purpose for which it was provided. An alternative approach is outlined which would address the problems while retaining the current protection of privacy interests. This thesis is a mix of inter-disciplinary academic enquiry and policy development. Part One is an amalgam of economic and philosophical approaches, Part Two involves philosophy and politics, and Part Three applies the theoretical considerations to issues of public administration.</p>

THE VALUE OF LOVE IN THE SYSTEM OF FORMATION OF THE PROFESSIONAL MATURITY OF THE EDUCATOR

2020 ◽  
Vol 1 (10(79)) ◽  
pp. 12-18
Author(s):  
G. Bubyreva
Keyword(s):  
Russian Federation ◽  
The State ◽  
Educational Process ◽  
Wide Range ◽  
The Family ◽  
The Russian Federation ◽  
The Government ◽  
The Individual ◽  
The Right

The existing legislation determines the education as "an integral and focused process of teaching and upbringing, which represents a socially important value and shall be implemented so as to meet the interests of the individual, the family, the society and the state". However, even in this part, the meaning of the notion ‘socially significant benefit is not specified and allows for a wide range of interpretation [2]. Yet the more inconcrete is the answer to the question – "who and how should determine the interests of the individual, the family and even the state?" The national doctrine of education in the Russian Federation, which determined the goals of teaching and upbringing, the ways to attain them by means of the state policy regulating the field of education, the target achievements of the development of the educational system for the period up to 2025, approved by the Decree of the Government of the Russian Federation of October 4, 2000 #751, was abrogated by the Decree of the Government of the Russian Federation of March 29, 2014 #245 [7]. The new doctrine has not been developed so far. The RAE Academician A.B. Khutorsky believes that the absence of the national doctrine of education presents a threat to national security and a violation of the right of citizens to quality education. Accordingly, the teacher has to solve the problem of achieving the harmony of interests of the individual, the family, the society and the government on their own, which, however, judging by the officially published results, is the task that exceeds the abilities of the participants of the educational process.  The particular concern about the results of the patriotic upbringing served as a basis for the legislative initiative of the RF President V. V. Putin, who introduced the project of an amendment to the Law of RF "About Education of the Russian Federation" to the State Duma in 2020, regarding the quality of patriotic upbringing [3]. Patriotism, considered by the President of RF V. V. Putin as the only possible idea to unite the nation is "THE FEELING OF LOVE OF THE MOTHERLAND" and the readiness for every sacrifice and heroic deed for the sake of the interests of your Motherland. However, the practicing educators experience shortfalls in efficient methodologies of patriotic upbringing, which should let them bring up citizens, loving their Motherland more than themselves. The article is dedicated to solution to this problem based on the Value-sense paradigm of upbringing educational dynasty of the Kurbatovs [15].

The Circulation of Value in Civil Society and the State

Hegel's Value ◽  
2021 ◽  
pp. 222-275
Author(s):  
Dean Moyar
Keyword(s):  
Civil Society ◽  
Living Organism ◽  
The State ◽  
Executive Power ◽  
System P ◽  
Full Structure ◽  
The Government ◽  
The Individual ◽  
The Right

This chapter utilizes the structure of life and valid inference to analyze the internal structure of Civil Society and the State as well as the relationship between the two institutional spheres. The chapter unpacks the passage from the Logic in which Hegel describes the State as a totality of inferences with the three terms of individuals, their needs, and the government. It is shown that the “system of needs” itself forms a quasi-living institutional system of estates centered on the division of labor. This system’s inadequacy motivates the role of the “police” and corporation as ethical agencies, forms of the Good, within Civil Society. While the move to the State overcomes the individualism of “needs,” the right of the individual remains in the dynamics of “settling one’s own account” in receiving from the State a return on one’s duty to the State. Hegel treats the State proper as a constitution consisting of three powers of government that form a totality of inferential relations that has the full structure of a living organism. The executive power is examined in detail as the particularizing element in the system.

Some Reflections on Israel's Temporary Legislation on Unification of Families

2010 ◽  
Vol 43 (2) ◽  
pp. 457-467 ◽  
Author(s):  
Ruth Lapidoth ◽  
Ofra Friesel
Keyword(s):  
International Law ◽  
Gaza Strip ◽  
The State ◽  
Provisional Measure ◽  
Israeli Arabs ◽  
The Law ◽  
The Government ◽  
The Gaza Strip ◽  
The Individual ◽  
The Right

In 2003 Israel adopted the Nationality and Entry into Israel (Provisional Measure) Law, 5763-2003. The Provisional Measure deals generally with entry into Israel; at first it dealt only with entry into Israel of residents of the West Bank and the Gaza Strip, and later it was extended also to nationals and residents of Iran, Iraq, Lebanon and Syria. It is particularly relevant for cases of unification of families and immigration for the purpose of marriage.The following article offers a short summary of the law as it has been amended in 2005 and 2007, as well as its interpretation by the government (since 2008) and then examines its conformity with international law. The Provisional Measure involves a clash between the right of the individual to marry the person of his choice and establish a family on the one hand, and the right of the state to regulate freely immigration and entry into its territory on the other hand. Since international law has not established a right to family unification nor to immigration for the purpose of marriage, the right of the state prevails in this matter. Yet, the Provisional Measure deviates from international law in a different aspect, as it leads to a de facto discrimination, mostly of Israeli Arabs. This discrimination is not permitted by the Convention for the Elimination of all Forms of Racial Discrimination, to which Israel is a party. It is recommended that Israel amends the law in order to bring it into conformity with international law.

scholarly journals The concept of human rights: doctrinal approaches

2020 ◽  
Vol 11 (11) ◽  
pp. 258-264
Author(s):  
Chepulchenko T. О.
Keyword(s):  
Human Rights ◽  
Natural Law ◽  
The State ◽  
Reference Points ◽  
Theory And Practice ◽  
Modern Concept ◽  
The Government ◽  
The Individual ◽  
The Right ◽  
The Relationship

The article examines the modern concept of human rights as the universally accepted system of views and attitudes about the place and role of human rights in the society and the state. The list of human rights enshrined in these international instruments and the constitutions of many countries, was the result of a long historical development of samples and standards of human life and the entire community. It is emphasized that on the basis of a combination of natural and positivistic concepts of human rights and made possible the consolidation of fundamental freedoms in the constitutions of democratic States. The article focuses on the basic concepts of how to solve the problem of human rights and legal status of the individual which have developed in the history of legal theory and practice of various peoples: liberal (European) concept of human rights, collectivist, Islamic and traditionalist concept. It is emphasized that a decisive influence on the establishment of human rights made on the liberal conception of natural law doctrine, which established the priority of human rights, the new parameters of the relationship between the individual and the government. In the statement of the rights and freedoms of man played an important role in their ideological, doctrinal justification – the doctrine of natural human rights that do not depend on the discretion and arbitrariness of the government, and it is aimed at ensuring the rights defined by nature. Based on this doctrine and on the above mentioned international legal instruments, the new Constitution of Ukraine establishes a number of new rights, which were previously unknown or Constitution of the Soviet Ukraine nor the Ukrainian legislation: the right to life, right to dignity, the right to respect for private and family life, freedom of movement and free choice of residence, right to freedom of thought and speech, free expression of views and beliefs, and so on. Therefore, a new concept of the relationship between the Ukrainian state and the person with priority to the latter is brought to life, since the category of human rights operates solely in relations between man and power. Human rights are the limits of power. They define the sphere of human activity in which the power (the state) cannot interfere and the responsibilities which the state has for the human being. The article also discusses four generations of human rights, it is noted that in the XXI century. we can talk about the formation of the fourth generation of human rights, which is connected with the scientific discoveries in the field of microbiology, medicine, genetics and more. It is this generation that is at the center of intense debate precisely in terms of the naturalness of these phenomena and processes, from the standpoint of morality and worldview of a particular society, as well as based on the content of scientific doctrine. As a conclusion, the author writes that the legally enshrined legal position of a person has as its basis a liberal and natural-law concept, which stipulated as the primary principles freedom and inalienability, inalienability of human rights that belong to it from birth. Reference points are made in the relationship between the state and man - freedom, equality, the rule of law, the universality of human rights. And on these principles, principles, in addition to the actual scope of human rights and obligations, are exercised by these rights and freedoms. Keywords: constitution, concept of human rights, international legal act, human rights, natural law.

The Law of Labour Disputes

1974 ◽  
Vol 9 (4) ◽  
pp. 548-557 ◽  
Author(s):  
Itzhak Zamir
Keyword(s):  
Civil Liberties ◽  
The State ◽  
Supreme Court Justice ◽  
Trade Union Movement ◽  
Union Movement ◽  
The Law ◽  
The Government ◽  
The Individual ◽  
The Right ◽  
Labour Disputes

A few years ago a Supreme Court Justice remarked that in Israel the strike was a sacred tradition. Indeed it was. But now, it is more often regarded as a nuisance. This change of attitude has been reflected in the law.In this country, as in some other countries, the law concerning labour disputes has swung back and forth during the years like a pendulum: from severe restrictions under the Ottoman Empire, through de facto recognition during the British mandatory period, to a privileged status after the establishment of the State of Israel. True, even after the establishment of the State, the right to strike has not been expressly guaranteed by any statute. But in this respect, it is not different from other basic rights, such as the freedoms of expression or assembly, which are in the nature of common law rights. In fact, it fares better, since other rights are subject under various statutes to substantial restrictions. Only the right to strike was left virtually free from such legal restraints. One might be led to believe that to the socialist leaders of the country, most of whom rose to the Government from the ranks of the trade union movement, the right to strike was dearer than other civil liberties. During the first twenty years of the State, on the few occasions on which the legislature touched upon the right to strike, it only acted to protect it. Most conspicuous is the provision that a strike shall not be regarded as breach of a personal obligation on the part of the individual employee.

Health, well-being sustainability and rights in the time of Covid-19 infection: Infection management by the Albanian legal order

2021 ◽  
pp. 133-149
Author(s):  
Ismail Tafani
Keyword(s):  
Legal System ◽  
Well Being ◽  
The State ◽  
Legal Order ◽  
Legal Systems ◽  
State Of Emergency ◽  
The Government ◽  
The Right ◽  
Administrative Sanctions ◽  
Natural Way

The scope of this article is the analysis of the situation created by the Coronavirus which has been a risk to the health of the humans and at the same time has af-fected the legal systems in a country. In addition, this article will try to highlight likewise in the whole World, the same way the Albanian legal system is caught em-inently unprepared to respond and protect "the right to health" and consequently the management of the Covid-19 pandemic. The situation of the pandemic in addition of being a great test for the human immunity, seems to have done the same for the "immunity" of legal systems in general and the Albanian system, on which the study will be focused mainly. Although the legal system provided for exceptional measures to respond to the situation in a subtle way in respect to fundamen-tal rights, the Albanian government in particular and governments around the World seem to have been disoriented and have lost the thread to react in a natural way in respect to the provisions of the legal order in response to the Covid-19 and respect for individual rights of health with dignity. This disorientation of the gov-ernment actions towards the response to the situation seemed to be ineffective and contagious like the virus itself. The situation of Covid-19 infection has begun to be managed through the law that regulates infections and infectious diseases, adopt-ing various secondary regulations in accordance with this law. Thus, in Albania, the Government has made legislative interventions through the decree laws, to tighten the administrative sanctions against people who did not respect the "lock-down". This legislation was followed by the proclamation of the state of emergency throughout the Albanian territory. So the situation inevitably has influence on the sustainability of the society because this disorientation of the legislative activi-ty created confusion in this country. The state of emergency is foreseen in the Al-banian, obviously taking into account the proportionality of the reaction to the danger. In this context, the article intends to make a detailed analysis considering some comparative aspects, and as regards the proportionality of the measures adopted by the Albanian government.

scholarly journals NEED AND IMPORTANCE OF POST LITERACY PROGRAMME: A STUDY IN THE EASTERN AND WESTERN DISTRICTS OF THE STATE OF ODISHA

2021 ◽  
Vol 9 (47) ◽  
pp. 11508-11514
Author(s):  
Sujata Acharya
Keyword(s):  
Compulsory Education ◽  
Well Being ◽  
Second World War ◽  
The State ◽  
World War ◽  
Literacy Programme ◽  
Education Commission ◽  
The Government ◽  
The Individual ◽  
Second World

Education is life and life is education. Education is very much necessary for making the citizens alert and capable of discharging their duties and responsibilities efficiently and wisely. Education is necessary not only for enabling man to participate in the affairs of the society and the government but also to save mankind from destruction and extinction. Many of us have realised the devastating effects of the second world war. A third such war will result in total extinction of human race. The need of the hour is understanding and international understanding, mutual love and respect for each other’s well being which can be developed through education. In the year 1946, the International Community charged UNESCO with the responsibility of promotion throughout the world due to its vital importance to the individual and social well-being. The United Nations proclaimed universal declaration of human rights. Article 45 of the Indian Constitution says that, the state shall endeavour to provide, “Universal, free and compulsory education to all children upto the age of 14 years within 10 years from the date of adoption of the constitution. The Education Commission (1964-66) holds that education is the powerful instrument which can bring changes in the society.

scholarly journals Human rights and the public interest: in search of balance

2021 ◽  
pp. 179-185
Keyword(s):  
Human Rights ◽  
Social Relations ◽  
Public Interest ◽  
Well Being ◽  
The State ◽  
Right To Education ◽  
The Public ◽  
Constitutional Right ◽  
The Individual ◽  
The Right

Modern processes of globalization in some way shake the established notions of human rights, and therefore their interpretation and content may be limited or expanded contrary to the regulations of the highest legal force. This creates conflict not only in the legal field, but also in society as a whole. It is emphasized that the most effective and less conflicting will be the norm, the content of which fully reflects both public and individual interest, the norm, in the process of interpretation and implementation of which the social value of law is achieved. What does it mean? That the right in the understanding of the official expression of norms should be only those provisions that ensure the well-being and development at the level of personal and public interest, guarantee and do not violate human rights. It is noted that the value of the right for the individual is that it is able to meet the human need for freedom and establishes a certain order of its use. The value of law for the whole society is manifested in the fact that the law guarantees security, order and harmonization of social relations, integrity and solidarity of society. Human rights and freedoms in the state, its interests should not be opposed to the rights and freedoms of others. At the same time, along with universally recognized human rights and freedoms, there are generally recognized restrictions on most of them. This raises the question of the objectively determined need to define boundaries and their criteria in the process of exercising one’s rights and freedoms. An analysis of legal practice in the context of finding a balance of public and private interest on the example of the constitutional right to education. The conclusion is that education is both a constitutional right and a duty and is not subject to any restrictions, and the state must ensure that education is accessible to all. In the process of ensuring the public interest, the state should apply permissible legal mechanisms to motivate a person to implement certain norms, such as persuasion, not coercion, encouragement, not the threat of punishment. Otherwise, it will lead to discrimination in the exercise of the rights and opportunities provided by the Constitution and the freedom to exercise them. And the establishment of the necessary restrictions provided by international legal instruments must be based on the principles of necessity, justice, legality, equality of rights and freedoms. Keywords: human rights, right to education, discrimination, equality, public interest.

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