Introduction

2018 ◽  
pp. 1-31
Author(s):  
Rohit De
Keyword(s):  
Public Interest ◽  
Political Action ◽  
Historical Imagination ◽  
Indian Constitution ◽  
Public And Private ◽  
Public Interest Litigation ◽  
Private Lives ◽  
The People ◽  
History Of

This introductory chapter provides an overview of the Indian Constitution. The Indian Constitution is the longest surviving constitution in the postcolonial world, and it continues to dominate public life in India. It did not descend upon the people; it was produced and reproduced in everyday encounters. From the earliest days of India's independence, citizens' political action influenced the court and reveals a long history of public-interest litigation driven by litigants rather than judges. However, despite the centrality of the Constitution to public and private lives in South Asia, it remains “ill served by historical imagination” and its history understudied. It is partly because Indian constitutionalism defies easy explanations. This book thus traces the process through which the Constitution emerged as the dominant field for politics, breaking new methodological ground by studying the Constitution through the daily interpretive acts of ordinary people as well as judges and state officials.

The rights of the defendant and public interest in proving insanity under the law of New York

2021 ◽  
Vol 30 (3) ◽  
pp. 108-124
Author(s):  
Aleksey Grin'ko
Keyword(s):  
New York ◽  
Law Enforcement ◽  
Public Interest ◽  
Due Process ◽  
Burden Of Proof ◽  
Public And Private ◽  
Whole Process ◽  
History Of ◽  
The Law ◽  
Legislative Changes

Allocation of the burden of proof is a key issue of criminal procedure that is affected by multiple legal and social factors. Under due process principles, the defendant’s right to a fair and impartial trial is deemed to be the epicenter of the whole structure. However, efficient law enforcement is a prominent public interest that must be considered. This article explores the correlation between public and private interest in proving insanity under the law of New York, which provides great empirical background due to its long history of legal disputes and legislative changes. Considering the nature and structure of the burden of proof, the author concludes that there are several principles for its fair allocation: the due party that bears both the burden and the risk of its nonperformance; the feasibility of the burden; the adequate opportunity for the other party to rebut; the concentration of resources upon needs that are not presumed but in fact exist. All the mentioned principles lay the ground for the harmonization of constitutional guaranties for the defendant as well as the successful enforcement of criminal law. The current New York approach to insanity defense as an affirmative one along with the history of its implementation tends to prove its compliance with such requirements. This finding suggests that bearing the burden shall not be treated as impairment by default, but can protect both the interest of this party and the integrity of the whole process.

Liturgical Power

2017 ◽  
Author(s):  
Nicholas Heron
Keyword(s):  
Political Action ◽  
Ancient Greek ◽  
People Of God ◽  
The People ◽  
Pastoral Power ◽  
History Of ◽  
Semantic History ◽  
Point Of Departure

The second chapter seeks to deepen and extend Agamben’s analysis by describing the terms of a specifically Christian technology of power. Its point of departure is Erik Peterson’s suggestion that the form of political action specific to Christianity coincides with the Church’s appropriation of the practice that in the ancient Greek polis was termed leitourgia; a suggestion which in turn stimulates a reappraisal of Foucault’s influential notion of pastoral power. “Pastoral power,” the chapter argues, on the basis of a detailed reconstruction of the semantic history of the term (laos) that in the Greek biblical tradition designates the “people” as the referent of pastoral intervention, is more precisely conceived as “liturgical power.” Only by emphasising its liturgical dimension, it contends, can we fully grasp the stakes of the process that Foucault himself suggestively described as the “institutionalisation of the pastorate” and which coincides with the establishment of a fundamental division in the single people of God.

Epilogue, Ch.56 The Indian Constitution Seen from Outside

2016 ◽  
Author(s):  
Tushnet Mark
Keyword(s):  
Public Interest ◽  
Political System ◽  
Party System ◽  
Basic Structure ◽  
Political Elites ◽  
Judicial Interpretation ◽  
Constitutional Courts ◽  
Indian Constitution ◽  
Constitutional Amendments ◽  
Public Interest Litigation

This chapter considers some aspects of the Indian Constitution and its judicial interpretation, as seen from abroad. To this end, it discusses a number of topics that compare India’s constitutional experience with those of other countries, beginning with unconstitutional constitutional amendments and the ‘Basic Structure’ doctrine. It then explores public interest litigation, affirmative action and reservations, and finally the mechanisms by which judicial independence has been secured in India. It also comments on the contentious relationship between constitutional courts and political elites in other institutions. The chapter concludes by noting how constitutional developments, including the growth of constitutional doctrine, are intertwined with a nation’s overall political system, especially the party system in place.

scholarly journals Revolutionary Socialist Internationalism: Rank-and-File Reaction in the USPD

1977 ◽  
Vol 22 (3) ◽  
pp. 329-349 ◽  
Author(s):  
Robert F. Wheeler
Keyword(s):  
Working Class ◽  
International Meeting ◽  
Top Down ◽  
Bottom Up ◽  
Public And Private ◽  
The Public ◽  
The People ◽  
History Of ◽  
Per Se ◽  
Historical Accounts

Historical accounts of the First, Second and Third Internationals, i.e., those organizations that attempted to realize some sort of supranational working-class solidarity, have traditionally been presented in terms of congresses, programs and personalities. Invariably scholars have focused on the public and private debates at this or that international meeting and/or how Marx, Engels, Lenin or some other leading figure influenced or reacted to some specific development. In short, the history of the International has been looked at almost exclusively from the “top down”. There is not anything wrong with this approach per se, but it might be of some value to consider, occasionally at least, the people whom the various Internationals were supposed to be serving, in other words to examine the International not only from the “top down” but also from the “bottom up”.

The Ottoman Archives as a Source for the History of the Arab Lands

1951 ◽  
Vol 83 (3-4) ◽  
pp. 139-155 ◽  
Author(s):  
Bernard Lewis
Keyword(s):  
Public And Private ◽  
Islamic Period ◽  
The Public ◽  
The People ◽  
Large Numbers ◽  
Literary Sources ◽  
History Of ◽  
Early Islamic Period ◽  
Early Islamic ◽  
Archive Material

One of the classical difficulties of the student of the history of the Islamic Middle East, as contrasted with his colleagues in the European field, is the lack of archive material. While the western medievalist, for example, has at his disposal a mass of records, central and local, public and private, political, administrative, judicial, and ecclesiastical, the orientalist has to rely for the most part on literary and archæological sources. In many fields of history his findings are in consequence often vague and general; they are in the main limited to the public and external life of the communities and individuals he studies. Only the events and personalities important enough to achieve literary mention are known to him, and then only through the reflecting medium of literary sources. Even the great figures, with few exceptions, remain dim and formalized outlines, while for the life of the people he has to rely mainly on occasional hints and scraps of evidence. Large numbers of individual documents survive in isolation—some in the form of inscriptions, others quoted in the texts of the chronicles; but only for one period after the rise of Islam is any important body of original documents available—and the light they have shed on the period from which they derive has deepened the surrounding darkness. The Egyptian papyri of the early Islamic period have imposed a rewriting of much of the history of the early Caliphate, as recorded by the chroniclers and jurists. Yet even the papyri are not archives in the true sense of the word.

scholarly journals The politicization of ill bodies in Campania, Italy

2017 ◽  
Vol 24 (1) ◽  
pp. 44 ◽  
Author(s):  
Ilenia Iengo ◽  
Marco Armiero
Keyword(s):  
Political Ecology ◽  
Political Action ◽  
Causal Connection ◽  
Health Issues ◽  
Political Debate ◽  
Public And Private ◽  
The Public ◽  
Head Of State ◽  
The Social ◽  
History Of

Abstract The communities affected by toxic contamination in Campania, Italy, have had to confront the challenge of proving a direct causal connection between exposure to pollutants and health issues, given a long history of mismanagement of waste. Medical studies have been conducted, but the social and political debate is static. In September 2014, the Italian Ministry of Health simply repeated earlier statements that Campania's increasing cancer rates are due to poor lifestyle habits. The article casts light on the politicization of ill bodies of Campania. We analyze three practices of political action and resistance which employed the subjectivization of physical bodies and illnesses to expose environmental injustice affecting communities. In the neighborhood of Pianura, Naples, people gathered medical records as evidence for a trial into 'culpable epidemics.' In the so-called Land of Fires, in the northern periphery of Naples, hundreds of postcards featuring pictures of children killed by rare pathologies were sent to the Italian Head of State and the Pope. Finally, in the town of Acerra, the blood of a dying shepherd became a political object to prove exposure to dioxin contamination in that area. The politicization of illness and bodies conflates the public and private, challenges the mainstream production of knowledge, and proposes an alternative narrative for affected communities and individuals. Nevertheless, the practices of this politicization have differed and are not always 'political', as we will show through the three cases. Key words: popular epidemiology, biopower, waste, Campania, political ecology of disease, private is political

scholarly journals THE NEO-JURISPRUDENCE OF PIL IN SUPERIOR COURTS OF PAKISTAN: A COMPARATIVE ANALYSIS OF PRE AND POST LAWYERS’ MOVEMENT WORKING OF SUPERIOR COURTS

2021 ◽  
Vol 60 (1) ◽  
pp. 33-44
Author(s):  
Hatim Aziz Solangi
Keyword(s):  
Comparative Analysis ◽  
Public Interest ◽  
Judicial Review ◽  
State Legislature ◽  
Fundamental Rights ◽  
Public Interest Litigation ◽  
Legislative Action ◽  
Proactive Approach ◽  
The People ◽  
Before And After

The dynamics of the superior judiciary in Pakistan have undergone a drastic transformation in its approach and working in post 2007 emergency followed by a landmark movement of civil and legal fraternity for restoration of constitutional supremacy. The neo-jurisprudence is being applauded and criticized at the same time.  The excessive use of Suo-motto and public interest litigation at one hand and frequent judicial review of executive and legislative action on other have been the main source of contention between judiciary and other two pillars of state, legislature and executive. The Superior Court is being recognized as the ultimate savior of fundamental rights and guardian of the constitution as well as rights of the people. At the other extreme, the criticism like activist judiciary; disrespect for popular will and making rather interpreting law are most commonly attributed to Superior Judiciary. The study is qualitative in nature and presents a comparative analysis of trends in Superior Court before and after Lawyers’ movement. The study also aims in justifying the proactive approach especially in providing social justice on failure of state organs to respond to the exigency of time.

Agricultural Involution and Bureaucratic Involution: Types, Concepts, Empirical Generalizations, and Theoretical Mechanisms

Rural China ◽  
2021 ◽  
Vol 18 (2) ◽  
pp. 169-191
Author(s):  
Philip C. C. Huang (黄宗智)
Keyword(s):  
Education System ◽  
Agricultural Development ◽  
Enterprise Management ◽  
State Party ◽  
Reform Era ◽  
Public And Private ◽  
The People ◽  
History Of ◽  
Chinese Agriculture ◽  
Empirical Generalizations

Abstract The article reviews the history of the word “involution,” the empirical basis of the concept of “agricultural involution,” and the mechanisms operating behind that phenomenon. It then considers the very different empirical bases and mechanisms of “bureaucratic involution.” State and peasant might interact in a positive way that leads to development – as when the state in the Reform era gave peasants the power and right to respond to market stimuli and develop the “labor and capital dual intensifying” “new agriculture” that has led to genuine development, demonstrating how small peasants have been the true primary subjects of Chinese agriculture and the true key to genuine agricultural development. By contrast, if bureaucratic involution should force on peasants policies that run counter to realities, it can lead to malignant “ultra-involution.” Similar consequences can be seen in spheres with scarce opportunities relative to the number of people seeking them, once they are placed under the forces of bureaucratic involution, as in the “examinations-above-all-else education system” as well as in similar (public and private) enterprise management. That is why the word “involution” has recently triggered such widespread resonance among so very many people. What is needed is state-party policies that truly accord with the interests of the people and draw their active participation. That kind of combination is what can check tendencies toward ultra-involution.

1 Introduction

2012 ◽  
Author(s):  
Geradin Damien ◽  
Layne-Farrar Anne ◽  
Petit Nicolas
Keyword(s):  
Consumer Choice ◽  
Competition Law ◽  
Consumer Welfare ◽  
Press Releases ◽  
Public And Private ◽  
Eu Competition Law ◽  
Competition Rules ◽  
History Of ◽  
Area Of Concern

This introductory chapter provides an overview of EU competition law. Because it was first formally enacted in 1957, EU competition law is generally perceived as a relatively recent legal discipline. Its real, substantive, origins are however much older, and can be traced back to the history of ancient civilization. Today, the constraints imposed by EU competition law have become a major area of concern for decision-makers both in public and private sectors. Yet, beyond the cosmetics of press releases and business reports, the significance of EU competition law can be measured by its profound and lasting effects in economic activity. There are four possible objectives to the EU competition rules: the protection of fairness in competition; the promotion of economic freedom, plurality, and consumer choice; the promotion of economic efficiency; and the promotion of consumer welfare.

Entrepreneurial Training & Development in Tourist Places

2015 ◽  
Vol 1 (2) ◽  
Author(s):  
Rajlaxmi R. Bhosale
Keyword(s):  
Service Providers ◽  
Training And Development ◽  
World Heritage Site ◽  
Public And Private ◽  
Heritage Site ◽  
The People ◽  
History Of ◽  
Entire Society ◽  
Hospitality Sector ◽  
Entrepreneurial Training

The industrial corridors have provided a vast recognition to the various places through which it passes. The city of Aurangabad which is famous and known for its historic value with world heritage site shall see an increase in the number of tourists footfalls from the entire world. As DMIC the industrial corridors acknowledges the inter-dependency of various sectors of the economy and present effective integration between industry and people which shall lead to development of the entire society. The present study is done to analyze whether the people of Aurangabad leading various hospitality sectors are ready to handle the enormous flow of tourist coming for business and pleasure to the place. The study highlights the various entrepreneurial sources present in the society of Aurangabads hospitality sector. The study states the need of providing soft skills to the frontliners to fulfill the tourists with a pleasing memorabilia to take home from the people working in this sector. This sector employees needs to be trained for skill development especially in the field of so called adaratithya. They also need to be cultured with the complete history of Aurangabad and following the traffic rules. It is concluded that various institutions needs to be established by the public and private players to change the frame of mind of the people working in the hospitality sector and the entire society of Aurangabad through training and development. This would lead to entrepreneurship development for the citizens of Aurangabad. There is a huge amount of scope in training to be provided to the service providers to improve the quality of the service which shall improve the economical status of the society. The young and learned people should start with the training and development as an entrepreneurial opportunity and create value through innovation.

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