scholarly journals ON SOCIAL VALUE: INFLUENCE OF THE ROMAN RIGHT ON RUSSIAN CONSTITUTIONALISM

2020 ◽  
Vol 17 (1) ◽  
pp. 5-14
Author(s):  
Sergey Nikolaevich Baburin

Introduction. The article raises the problem of the influence of Roman law on Russian constitutionalism and the formation of social values based on this influence of the modern legal culture of Russia. Purpose. The author aims to assess the impact of Roman law on Russian constitutionalism and its social value. Methodology. Methods of analysis and synthesis, dialectical logic, comparative-historical and formal-legal are used. Results. The thesis is argued that the ideas and approaches of Roman law retain social value, but their application is fruitful only in harmony with the spiritual and moral foundations of the corresponding legal culture. The absolute belief in the law as a phenomenon of social planning and a tool for compromise between different parts of society, inherited from Roman law, formed the Romano-German and Anglo-Saxon worldview, but does not take root in Russian legal culture. Modern Russian constitutionalism, following the tradition of Roman law, is based on norms-principles, norms-goals and norms-symbols that perform the social function of the highest legal indicator and play an important predictive role. But misconceptions about the universalism of Roman law lead to civilizational breakdowns of peoples. In Russian constitutionalism, breaks occurred during the constitutional reforms of 1906, 1936, and 1993, which created social deformations and created legal and political preconditions for the destruction of the nation. Thus, the Constitution of the USSR 1936, first by copying the current European bourgeois electoral system, abandoned the system of multi-level congresses of Soviets, more respondents Roman and Russian traditions Council and people's Assembly. Among the important results of the study is the conclusion that the social value of Roman law in Russian constitutionalism covers the moral mission of Roman law and a high assessment of the normative value of the heritage of Roman law. Conclusion. The author concludes that Roman law has a social value for States with a traditionally communal identity as a source of effective legal structures and a model for studying; that Russian constitutionalism, which three times, in 1906, 1936 and 1993, departed from its cultural and historical traditions of organizing state management of society, again tries to build modern political and legal institutions on the basis of Roman legal dogma, while Russian legal culture excludes law from the field of sacred law. The social value of Roman law in the modern era lies in the fact that without a well-thought-out and coordinated support by the entire world community on its public-legal and private-law traditions and institutions, the evolutionary transition of mankind to the sustainable development of society is impossible.

2020 ◽  
Vol 4 (1) ◽  
pp. 5-13
Author(s):  
Sergey N. Baburin

The subject. Modern law enforcement is considered in harmony with the spiritual and moral foundations of legal culture through the use of ideas and approaches of Roman law. The purpose. An attempt has been made to assess the influence of Roman Law on Rus-sian constitutionalism and modern law enforcement on the basis of the spiritual and moral traditions of Russian legal culture. The methodology. Methods of dialectical logic, analysis and synthesis, comparative-historical, formal-legal methods were used. The main method is comparison of founda-tions of Roman law with the basic principles of Russian constitutionalism. The main results and scope of their application. The problem of influence of Roman law on Russian constitutionalism and, in general, on the basis of modern Russian law en-forcement is raised. If universalism and individualism should be believed as the founda-tions of classical Roman law, then the basis of Russian law is community and social soli-darity. In Russia collective property and joint work as well as ancestral structure in the form of a rural community reached the modern times, while in ancient Rome their disap-pearance was the basis of the formation of Roman law. National peculiarities of the Rus-sian legal and political systems are determined by cultural-historical (civilizational) cir-cumstances, especially by the natural and climatic factors. It was in the communal world of Russia that the idea of Christian equality has formed the basis of the model of life, while in Western Europe the community has followed the path of individualization of the individual and differentiation of elites and masses according to the criteria of social suc-cess. The absolute belief in law as a phenomenon of social planning and a tool for com-promise between different parts of society, inherited from Roman law, formed the Romano-German and Anglo-Saxon worldview, but it did not take root in Russian legal culture. Modern Russian constitution-alism, while poorly considering the Roman-Byzantine origins of national Russian law, is wrong in its denial of the national-cultural and historical adaptation of European legal in-stitutions and principles. Conclusions. One of the important results of the study is the conclusion that the social value of Roman law in Russian Constitutionalism includes the moral mission of Roman law and a high assessment of the normative value of the heritage of Roman law. The val-ue depravity of the current Constitution of the Russian Federation can be eliminated, its defects can and should be corrected on the basis of the Roman law tradition, but this should be done only by adequately assessing the own experience of law enforcement, the thousand-year state-legal and spiritual development of the Russian civilization.


2013 ◽  
Vol 44 (3) ◽  
pp. 209-218 ◽  
Author(s):  
Benoît Testé ◽  
Samantha Perrin

The present research examines the social value attributed to endorsing the belief in a just world for self (BJW-S) and for others (BJW-O) in a Western society. We conducted four studies in which we asked participants to assess a target who endorsed BJW-S vs. BJW-O either strongly or weakly. Results showed that endorsement of BJW-S was socially valued and had a greater effect on social utility judgments than it did on social desirability judgments. In contrast, the main effect of endorsement of BJW-O was to reduce the target’s social desirability. The results also showed that the effect of BJW-S on social utility is mediated by the target’s perceived individualism, whereas the effect of BJW-S and BJW-O on social desirability is mediated by the target’s perceived collectivism.


2019 ◽  
Vol 19 (1) ◽  
pp. 59-74
Author(s):  
Khalid Mahmood Iraqi ◽  
Tehmina Faisal

Women are around 51% of the total population of Pakistan, and they can do miracles through their active participation in economic activities of the country. Empowering women means accrediting half of the population for sustainable development. The aim of this paper is to examine and analyze the impact of active women participation in the social enterprise sector for their empowerment, and its subsequent consequences in creation of social value in society. For this purpose, primary data has been collected through random and snowball sampling to gain insight into female practitioner’s perspective. The paper highlights women empowerment as a multi-dimensional phenomenon based on four dimensions: psychological, social, economic and political empowerment. It prime focus on active participation in the social enterprise’s sector may lead to increase in enablement of women, the data shows that majority of female entrepreneur responded that they feel psychologically empowered and have financial contribution in household expenses and in community welfare. Secondly, the paper identifies the major challenges including concern of safety and security, lack of access to financial opportunities and social acceptance of the project that restrict women entrepreneurs from progress and creation of social value. Thirdly, it intends to construct framework for recommendations to promote women social enterprises in Pakistan for sustainable development as a whole.


2018 ◽  
Vol 16 (3) ◽  
pp. 253-268
Author(s):  
Alex Opoku ◽  
Peter Guthrie

Purpose The social housing sector is under increasing pressure to do more with less and provide value for money as part of the UK Government’s public debt reduction strategy. This study aims to explore the current practices towards unlocking social value in the housing sector through the adoption of the Social Value Act 2012. The Social Value Act seeks to ensure that public sector procurement deliver added value in terms of social, economic and environmental outcomes. Design/methodology/approach The study adopts quantitative research methodology through a survey with 100 housing professionals charged with the delivery of social value outcomes in the social housing sector in England. Findings The results of the study reveal that there is a low level of understanding of the Social Value Act 2012 among the professionals in the social housing sector. Once again, most organisations in the social housing sector do not have social value strategies or policies and rarely consider social value outcomes during procurement. However, employment skills and training and crime and antisocial behaviour reduction are the most social value priority outcomes/needs identified with organisations currently promoting social value in the social housing sector. Social implications The issue of social value has importance towards the wider society, and the study provides an insight into current practices towards the realisation of social value outcomes in the housing sector. Originality/value The Social Value Act 2012 came into force in January 2013, and little has been written on the impact of the Act on the social housing sector in England. This study identifies current practices in the social housing sector towards the delivery of social value outcomes in the day-to-day business operations.


2011 ◽  
Vol 71-78 ◽  
pp. 465-469
Author(s):  
Bai Tao Mao

A city high-rise building of the environmental balance, and its prominent position in the image and the place has a special symbol. However, high-rise buildings developed to reduce the symbolic value that it has attributed to the relevant system of architectural forms. As more and more dense urban high-rise buildings stand, we should be carefully evaluated: its ecological evvironment, will be the effect? Because of its height and volume, a high-rise building than in the top or bottom is likely in terms of physical environment on the social environment and the impact is much greater. Disturb the existing high-rise buildings in varying degrees between the various functions of the city, increasing the city high-rise buildings in the moment, how to properly control the rapid of high-rise buildings in order to maintain a sustainable ecosystem, is a question worth considering.


2020 ◽  
Vol 5 (1) ◽  
pp. 85-100
Author(s):  
Dr. Javed Khan ◽  
Dr. Muhammad Mushtaq Ahmed

Zakat is one of the main pillars of Islam. On one hand, it purifies the income of the wealthy people, on the other hand, it helps the needy people hence the social value of Islam and brotherhood is promoted. The niṣāb of few things are very clear as mentioned in aḥādīth in quit unambiguous manner just like nisāb of gold, silver, and livestock, etc. However in a situation when a person’s wealth is a mixture of a different kind of Amwāl-e-zakat and none of them reach to the limit of nisāb, especially in the case of gold, silver, and modern-day paper currency,  in this case, whether gold, silver or paper shall be combined for the obligation of zakat or not? Imam Malik, Imam Abū Yūsuf and Imam Muhammad are of the view that the merger shall be based on its quantity/parts((ضم بالاجزاء. On the other hand, according to Imam Abū Ḥanifa, the merger shall be based on the price of gold and silver and the person should be considered nisāb holder if the price of the combined assets reaches the price of nisāb of silver. The above principle shall also be applied for Uzḥiyyah as well. Currently, due to the huge difference in the price of silver and gold, if we take the merger of different assets based on price, people who are not even secure from financial worries become nisāb holder and they have to pay zakat as well as Uzḥiyyah. In this paper, Zakat and its conditions are briefly defined, the issue of the combination of various niṣābs is elaborated, and the modern-day problems in light of the impact of the price of silver on the combination of niṣābs are discussed along with the recommendations.


Public Law ◽  
2019 ◽  
pp. 114-129
Author(s):  
Marzena Dyjakowska
Keyword(s):  

2021 ◽  
Vol 5 (1, Special Issue) ◽  
pp. 120-130
Author(s):  
Michael Snowden ◽  
Roopinder Oberoi ◽  
Jamie P. Halsall

COVID-19 has overwhelmed and stretched existing healthcare infrastructure in both developed and developing economies and pushed governmental response mechanisms to the brink. Globally, governments elicited the call for corporate support, asking social entrepreneurs and social business ventures to organise efforts to build voluntary support for the large-scale response needed during the sudden lockdown disruptions. By April 2020, 26.5 million jobs were lost in the US alone (Lambert, 2020), global stocks plummeted at least 25% and gross domestic product (GDP) contracted significantly for all countries. With reduced domestic demand for non-food goods, reduced foreign demand for US goods exports, supply-chain disruptions, and plant closures, the manufacturing sector saw a huge decline (Reinicke, 2020). Governments all over the world announced massive stimulus packages. The US has approved $2 trillion financial support to combat the economic downturn so far (Emma & Scholtes, 2020) and EU finance ministers have recently approved €500 billion in stimulus measures (Riley, 2020). It is estimated that the global economy will grow at -3 percent in 2020. This article sheds light on the role of social enterprises in addressing the societal problems caused by COVID-19. The authors highlight the efforts of virtual and collaborative associations who seek to swiftly recognise issues and develop solutions, which create social value and alleviate the plights of suffering communities. This article sheds light on the role of social enterprises in addressing the societal problems caused by COVID-19. The authors highlight the efforts of virtual and collaborative associations who seek to swiftly recognise issues and develop solutions, which create social value and alleviate the plights of suffering communities. The authors place emphasis upon the role of the social entrepreneur in developing a way forward in these challenging times and present a contemporary conceptualisation of the social entrepreneur in the form of an “avatar” and the impact that this may have on social enterprise.


2016 ◽  
Vol 118 (12) ◽  
pp. 3044-3058 ◽  
Author(s):  
Miranda Mirosa ◽  
Louise Mainvil ◽  
Hayley Horne ◽  
Ella Mangan-Walker

Purpose The purpose of this paper is to explore the social value food rescue enterprises can create for both their stakeholders and the wider community “in the meantime” whilst longer term solutions to the problems of insecurity and waste are sought. Design/methodology/approach FoodShare, a New Zealand urban-based social enterprise specialising in food redistribution, served as a case study for this research. Semi-structured interviews (n=13) were conducted with FoodShare staff and key stakeholder groups (food donors, financial donors, recipient agencies and volunteers). In addition, an anonymous online survey (n=40) was completed by the wider organisational volunteer network. The interview guides were structured around a new social value evaluation tool, Social Return on Investment, which is increasingly used to demonstrate the impact of such programmes. Deductive methods were used to code the resulting transcripts to identify key outcomes experienced by FoodShare’s stakeholders. Findings The outcomes of FoodShare’s work differed for the various stakeholders. For food donors, outcomes included “more involved relationships with community”, and “improved perceptions of corporate social responsibility”. Identified key outcomes for the financial donors included “key promotional opportunity” and “do something good”. For recipient agencies, important outcomes were “greater volume of food” and “increased reach”. Volunteers reported “meeting new people”, “a sense of accomplishment in helping others” and “learning new skills”. There were also a number of nutritional and environmental outcomes for the wider community. Originality/value Given the dearth of evidence on the societal value that is created in redistributing unsold food to people in need, this novel perspective makes a significant contribution to the literature in this area.


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