scholarly journals Redesign of Constitutional Ethics For State Administrator Based on The Value of Pancasila

FIAT JUSTISIA ◽  
2018 ◽  
Vol 12 (2) ◽  
pp. 111
Author(s):  
Muhtadi Muhtadi ◽  
Indra Perwira
Keyword(s):  
Social Justice ◽  
Moral Obligation ◽  
The State ◽  
Collective Agreement ◽  
Ethical Standards ◽  
Ethical Values ◽  
Original Intent ◽  
New Model ◽  
Constitutional Principle ◽  
Interpretation Method

A constitution is a collective agreement as the foundation and goal to be achieved in the state. Therefore, the constitution not only regulates the fundamental rules of the state but also contains the ethical values that serve as the guiding of the state administrator. However, the spreading of violations of law such as corruption, abuse of authority that ends in the imposition of sanctions justifies the occurrence of incompatibility between the values of the constitutional principle as a reflection of the soul of the nation with the moral obligation of state administrator to implement the values. Using a doctrinal approach, data will be analyzed through the original intent of interpretation, grammatical and systematic law is expected to formulate a new model of constitutional ethics for state administrator based on the value of “Pancasila.” Based on the study of moral and constitutional philosophy with the law interpretation method can be concluded that the ethical values in the 1945 Constitution requires that state administrator base their deeds on the moral deity who respects the values of human civilization as Indonesian citizens, and humans in general with the priority of Indonesian unity above all interests and classes in order to achieve the ideals of social justice based on a deliberate-oriented on the great goal of Indonesian independence. To achieve this intention, the formation of ethical standards of the administrator in the constitutional norms through the amendment of the 1945 Constitution which then set a further law which is general and contains normative sanctions. Keywords: Redesign, Constitutional Ethics, State Administrator

scholarly journals Social justice and the formal principle of freedom

2017 ◽  
Vol 28 (2) ◽  
pp. 270-284
Author(s):  
Olga Nikolic ◽  
Igor Cvejic
Keyword(s):  
Social Justice ◽  
Moral Obligation ◽  
Significant Degree ◽  
The State ◽  
Legal Obligation ◽  
Free Society ◽  
Robert Nozick ◽  
Formal Principle ◽  
The Right ◽  
Friedrich Hayek

The aim of this paper is to show, contra the right-libertarian critique of social justice, that there are good reasons for defending policies of social justice within a free society. In the first part of the paper, we will present two influential right-libertarian critiques of social justice, found in Friedrich Hayek?s Law, Legislation and Liberty and Robert Nozick?s Anarchy, State and Utopia. Based on their approach, policies of social justice are seen as an unjustified infringement on freedoms of individual members of a society. In response to this critique, we will introduce the distincion between formal and factual freedom and argue that the formal principle of freedom defended by Hayek and Nozick does not suffice for the protection of factual freedom of members of a society, because it does not recognize (1) the moral obligation to help those who, without their fault, lack factual freedom to a significant degree, and (2) the legal obligation of the state to protect civic dignity of all members of a society. In the second part of the paper, we offer an interpretation of Kant?s argument on taxation, according to which civic dignity presupposes factual freedom, in order to argue that Kant?s justification of taxation offers good reasons for claiming that the state has the legal obligation to protect factual freedom via the policies of social justice.

scholarly journals Achieving Income Justice in Professional Sports: Limitation, Taxation, or Donation

2012 ◽  
Vol 56 (1) ◽  
pp. 12-22
Author(s):  
Gottfried Schweiger
Keyword(s):  
United States ◽  
Social Justice ◽  
Moral Obligation ◽  
Ethical Problem ◽  
Professional Sports ◽  
The United States ◽  
The State ◽  
Professional Athletes ◽  
Income Justice

Abstract This paper is based on the assumption that the high incomes of some professional sports athletes, such as players in professional leagues in the United States and Europe, pose an ethical problem of social justice. I deal with the questions of what should follow from this evaluation and in which ways those incomes should be regulated. I discuss three different options: a) the idea that the incomes of professional athletes should be limited, b) the idea that they should be vastly taxed by the state, and c) the idea that there is a moral obligation for the athletes to spend portions of their incomes on good causes. I will conclude that in today’s circumstances there are good reasons to advocate both option one (limitation) and option two (taxation), but that priority should be given to taxation.

The Constitutional Principle of Accountability: A Study of Contemporary South African Case Law

2018 ◽  
Vol 33 (1) ◽  
Author(s):  
Chuks Okpaluba
Keyword(s):  
Judicial Review ◽  
Police Officers ◽  
Public Procurement ◽  
Case Law ◽  
The State ◽  
Constitutional Principle ◽  
Starting Point ◽  
The Law ◽  
Constitutional Right ◽  
The Many

‘Accountability’ is one of the democratic values entrenched in the Constitution of South Africa, 1996. It is a value recognised throughout the Constitution and imposed upon the law-making organs of state, the Executive, the Judiciary and all public functionaries. This constitutional imperative is given pride of place among the other founding values: equality before the law, the rule of law and the supremacy of the Constitution. This study therefore sets out to investigate how the courts have grappled with the interpretation and application of the principle of accountability, the starting point being the relationship between accountability and judicial review. Therefore, in the exercise of its judicial review power, a court may enquire whether the failure of a public functionary to comply with a constitutional duty of accountability renders the decision made illegal, irrational or unreasonable. One of the many facets of the principle of accountability upon which this article dwells is to ascertain how the courts have deployed that expression in making the state and its agencies liable for the delictual wrongs committed against an individual in vindication of a breach of the individual’s constitutional right in the course of performing a public duty. Here, accountability and breach of public duty; the liability of the state for detaining illegal immigrants contrary to the prescripts of the law; the vicarious liability of the state for the criminal acts of the police and other law-enforcement officers (as in police rape cases and misuse of official firearms by police officers), and the liability of the state for delictual conduct in the context of public procurement are discussed. Having carefully analysed the available case law, this article concludes that no public functionary can brush aside the duty of accountability wherever it is imposed without being in breach of a vital constitutional mandate. Further, it is the constitutional duty of the courts, when called upon, to declare such act or conduct an infringement of the Constitution.

Prisoners’ Families and the Problem of Social Justice

2018 ◽  
Author(s):  
Rachel Condry
Keyword(s):  
Social Justice ◽  
Social Inequalities ◽  
Democratic Society ◽  
The State ◽  
Equal Citizenship

This chapter explores the wide-ranging impact of imprisonment upon the lives of the families of prisoners and the entrenched social inequalities that this both generates and reinforces. It considers the concept of social justice and whether it is useful to this enterprise. The chapter furthermore questions why the families of prisoners are faced with many difficulties. It applies theories of social justice to the consequences experienced by families of prisoners and asks whether or not those consequences are consistent with the principles of these theories. In a democratic society that claims to be organised around principles of equal citizenship, the chapter argues that there is a need to fully consider how and why families of prisoners (as innocent citizens) are affected by punishment inflicted by the state.

scholarly journals ‘Yet even the dogs eat the crumbs that fall from their masters’ table’: Matthew’s Gospel and economic globalisation

2009 ◽  
Vol 65 (1) ◽  
Author(s):  
Lidija Novakovic
Keyword(s):  
Social Justice ◽  
Ethical Standards ◽  
The Creation ◽  
Economic Globalisation

One of the effects of economic globalisation is that it strengthens the superiority of the developed and intensifies the dependency of the undeveloped nations. Christian ethicists typically address this problem by emphasising the need for social justice and the ethics of love expressed through sharing and generosity. This article offers another contribution to this discussion – an analysis of the subversive understanding of power and identity that underlies the story of Jesus in Matthew’s narrative. It concludes that Matthew’s Gospel offers a message of encouragement and accountability. It encourages the underprivileged to work for a change of conventional hierarchies that favour the privileged and calls them to actively participate in the creation of just relationships. At the same time, it reminds those who manage to improve their conditions that they should be transformed by the grace shown to them and strive for righteousness that exceeds the ethical standards of their former superiors.

Reflections on the existence of the science of criminal law

2021 ◽  
pp. 156-161
Author(s):  
I. Mytrofanov
Keyword(s):  
Social Justice ◽  
Public Relations ◽  
Criminal Law ◽  
The State ◽  
Crime And Punishment ◽  
Self Defense ◽  
Illegal Acts ◽  
The Subject ◽  
The Individual ◽  
The Right

The article states that today the issues of the role (purpose) of criminal law, the structure of criminal law knowledge remain debatable. And at this time, questions arise: whose interests are protected by criminal law, is it able to ensure social justice, including the proportionality of the responsibility of the individual and the state for criminally illegal actions? The purpose of the article is to comprehend the problems of criminal law knowledge about the phenomena that shape the purpose of criminal law as a fair regulator of public relations, aimed primarily at restoring social justice for the victim, suspect (accused), society and the state, the proportionality of punishment and states for criminally illegal acts. The concepts of “crime” and “punishment” are discussed in science. As a result, there is no increase in knowledge, but an increase in its volume due to new definitions of existing criminal law phenomena. It is stated that the science of criminal law has not been able to explain the need for the concept of criminal law, as the role and name of this area is leveled to the framework terminology, which currently contains the categories of crime and punishment. Sometimes it is not even unreasonable to think that criminal law as an independent and meaningful concept does not exist or has not yet appeared. There was a custom to characterize this right as something derived from the main and most important branches of law, the criminal law of the rules of subsidiary and ancillary nature. Scholars do not consider criminal law, for example, as the right to self-defense. Although the right to self-defense is paramount and must first be guaranteed to a person who is almost always left alone with the offender, it is the least represented in law, developed in practice and available to criminal law subjects. Today, for example, there are no clear rules for the necessary protection of property rights or human freedoms. It is concluded that the science of criminal law should develop knowledge that will reveal not only the content of the subject of this branch of law, but will focus it on new properties to determine the illegality of acts and their consequences, exclude the possibility of using its means by legal entities against each other.

Class Placements and Competing Priorities

2018 ◽  
Vol 21 (4) ◽  
pp. 25-33
Author(s):  
Julie D. Hasson
Keyword(s):  
Charter School ◽  
The State ◽  
Achievement Scores ◽  
New Model ◽  
New Principal ◽  
State Accountability ◽  
Accountability System ◽  
Competing Priorities ◽  
Teacher Placement

Justine Finley, newly appointed principal of Northside Elementary, had been tasked with increasing her school’s grade under the state accountability system and keeping neighborhood families from choosing to enroll in the charter school down the street. The superintendent made these priorities very clear. After spending the first 3 months observing and analyzing data, Justine realized that a new model for placing students in classes could be a lever for increasing achievement scores. What Justine failed to realize was the conflict that the new model would generate among parents and teachers. This case highlights the challenges a new principal encountered when attempting to implement a change in student and teacher placement procedures amid competing priorities.

scholarly journals PERANAN NEGARA DAN HUKUM DALAM MEMBERANTAS KEMISKINAN DENGAN MEWUJUDKAN KESEJAHTERAAN UMUM

2010 ◽  
Vol 40 (3) ◽  
pp. 390
Author(s):  
Yohanes Suhardin
Keyword(s):  
Social Justice ◽  
The State ◽  
Public Welfare ◽  
The Public ◽  
Role Of The State ◽  
Strategic Role ◽  
The Creation ◽  
The Government ◽  
Legal Product

AbstrakThe role of the state in combating poverty is very strategic. Combatingpoverty means to free citizens who are poor. The strategic role given thenational ideals (read: state) is the creation of public welfare. Therefore,countries in this regard the government as the organizer of the state musthold fast to the national ideals through legal product that is loaded withsocial justice values in order to realize common prosperity. Therefore, thenature of the law is justice, then in the context of the state, the lawestablished for the creation of social justice. Law believed that social justiceas the path to the public welfare so that the Indonesian people in a relativelyshort time to eradicate poverty.

scholarly journals Legal Aspects of the Social Regulator of Contractual Relations in Labor Law of Ukraine

2021 ◽  
Vol 80 (1) ◽  
pp. 130-138
Author(s):  
Т. П. Голопич ◽  
І. М. Голопич
Keyword(s):  
Labor Law ◽  
Practical Experience ◽  
Legal Regulation ◽  
Legal Aspects ◽  
The State ◽  
Collective Agreement ◽  
Social Partnership ◽  
Social Dialogue ◽  
The Social ◽  
Contractual Relations

Legal aspects of the social regulator of contractual relations in labor law of Ukraine have been revealed. The concept of social partnership and social dialogue as a legal regulatory mechanism of collective relations has been studied. Legal regulation of labor conditions at different levels, through agreements, reflecting the will and interests of the parties to the agreement, has been analyzed. It has been found out that the personal nature of work, the definition of the specific labor function, duration of working time, remuneration of labor, etc., shall be reflected in a contractual relationship, which requires new forms of relationship between a state, an employer and an employee. Such new forms are acts of social partnership representing the interests of employees, employers, and the state in general. Special attention in this process has been paid to the collective agreement, wherein the interests of the labor collective and the employer are reconciled. The significance of the collective agreement is enhanced in the context of the market economy transformation and the development of new forms of management. Based on international experience it has been proved that problems of economic and public life are addressed optimally, if the orientation is implemented not towards the confrontation, but towards the achievement of social compliance, adjustment of social partnership on the principles of cooperation between employers and employees, which are realized in forms of negotiations, the conclusion of collective agreements and collective arrangements, coordination of draft regulatory and legislative acts and consultation in decision-making by social partners at all levels. It has been defined that social partnership is implemented by means of social dialogue, as a set of coordination procedures of interests of association of employees, employers and the state. Social dialogue helps to provide social harmony and stability in the society, it addresses diverse social and economic problems; it is the universal mean of collective relations for each country, it takes into account its traditions and particularities, and it is based on the significant practical experience of real cooperation.

scholarly journals creación de valor intangibles en las mypes de Tehuacán, a través de la ética y la reputación corporativa

2018 ◽  
Vol 2 (2) ◽  
pp. 14-19
Author(s):  
Miguel Antonio Mascarúa Alcázar ◽  
Cristina Rodríguez Suárez ◽  
Juan Carlos Hernández ◽  
Rafael Casto Vázquez
Keyword(s):  
Social Justice ◽  
Corporate Reputation ◽  
The State ◽  
Traditional Model ◽  
Good Practices ◽  
Current Concern ◽  
A Current ◽  
Buenas Prácticas

El crecimiento de las microempresas (Mypes) en Tehuacán, es una preocupación actual dada la importante aportación a la producción del Estado de Puebla y el empleo. Tal crecimiento se puede medir a través de la Reputación Corporativa, pero para tal efecto se requiere de buenas prácticas que son el ejercicio de la ética. Partiendo del modelo tradicional de la justicia social y la ética, el presente trabajo busca relacionar éste, con los aportes sobre reputación corporativa. El estudio demuestra que un empresario que no responde a las preguntas sobre su negocio exhibe una falta de ética. Abstract  The growth of microenterprises (Mypes) in Tehuacán, is a current concern given the important contribution to the production of the State of Puebla and employment. Such growth can be measured through Corporate Reputation, but for this purpose good practices are required that are the exercise of ethics. Starting from the traditional model of social justice and ethics, the present work seeks to relate this, with the contributions on corporate reputation. The study shows that an entrepreneur who does not answer questions about his business exhibits a lack of ethics.

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