scholarly journals Crown Liability in Tort in New Zealand

2021 ◽  
Author(s):  
◽  
Daniel Paul Neazor
Keyword(s):  
New Zealand ◽  
Adverse Effects ◽  
The State ◽  
The Other ◽  
State Action ◽  
Business Opportunity ◽  
Other Hand ◽  
The Future ◽  
Individual Citizen ◽  
The Individual

<p>Direct review by the Courts (e. g . by prerogative writs) of Executive acts and decisions generally provides the individual citizen with a means of overcoming for the future the adverse effects of such decisions and actions, but it does not provide any means of compensating him for detriments to his interests already caused . Such detriments will generally be those which have accrued in full by the time the decision is reviewed but may in some cases be of a continuing nature, e. g . where, because of refusal of a licence, a business opportunity is lost. Tort actions against the State on the other hand, will allow the Courts not only to examine the actions of State servants, and determine whether they conform with the Courts' view of the proper behaviour of officials but also, and principally, to compensate the individual citizen whose interests have been affected by State action. Such actions may thus furnish an indirect means of control of the Executive as well as a means of compensation for injury.</p>

scholarly journals Crown Liability in Tort in New Zealand

2021 ◽  
Author(s):  
◽  
Daniel Paul Neazor
Keyword(s):  
New Zealand ◽  
Adverse Effects ◽  
The State ◽  
The Other ◽  
State Action ◽  
Business Opportunity ◽  
Other Hand ◽  
The Future ◽  
Individual Citizen ◽  
The Individual

<p>Direct review by the Courts (e. g . by prerogative writs) of Executive acts and decisions generally provides the individual citizen with a means of overcoming for the future the adverse effects of such decisions and actions, but it does not provide any means of compensating him for detriments to his interests already caused . Such detriments will generally be those which have accrued in full by the time the decision is reviewed but may in some cases be of a continuing nature, e. g . where, because of refusal of a licence, a business opportunity is lost. Tort actions against the State on the other hand, will allow the Courts not only to examine the actions of State servants, and determine whether they conform with the Courts' view of the proper behaviour of officials but also, and principally, to compensate the individual citizen whose interests have been affected by State action. Such actions may thus furnish an indirect means of control of the Executive as well as a means of compensation for injury.</p>

Surveillance, Conspiracy, and the Nanny State

Security ◽  
2013 ◽  
Author(s):  
John T. Hamilton
Keyword(s):  
Twentieth Century ◽  
The State ◽  
The Other ◽  
Personal Security ◽  
Other Hand ◽  
Individual Citizen ◽  
The One ◽  
The Individual ◽  
The Masses ◽  
Totalitarian Regimes

This chapter argues that the provision of security is not only an act of care but also an expression of power. And power is always something that stands to be abused. Agencies of twentieth-century totalitarian regimes consistently and explicitly claimed to maintain security by inculcating insecurity among the masses. The perverse logic is that fear alone sustains the need for security, which consequently legitimizes the state's existence. This logic has at least two alternative results. On the one hand, the care for the individual citizen has simply been converted to the care for the state. Here, security is a dehumanizing project that shifts all concern to a realm well beyond the human. On the other hand, precisely by promulgating fear among the populace, such projects also inadvertently humanize. Stripped of personal security—deprived of the privation of concern—the subjects of these regimes are left with nothing more and nothing greater than the capacity to care.

scholarly journals Citizenship and people living with dementia: A case for the ethics of care

Dementia ◽  
2016 ◽  
Vol 15 (3) ◽  
pp. 304-314 ◽  
Author(s):  
Tula Brannelly
Keyword(s):  
Social Justice ◽  
Policy Research ◽  
Ethics Of Care ◽  
The State ◽  
The Other ◽  
Research And Practice ◽  
Other Hand ◽  
People With Dementia ◽  
The Individual

The ethics of care is an emerging field of interest in many disciplines, including care for people with dementia. The ethics of care as proposed by Joan Tronto is a political argument for care together with a set of principles, the integrity of care, to guide and critique practice. This two-pronged approach enables on one hand, a political, complex and situated examination of inequality, and on the other hand the integrity of care provides a set of principles to guide inclusive citizenship practices. This approach has the significant advantage of recognition of the fight that people with dementia face to achieve rights and citizenship as an issue of social justice. In this paper, three challenges to citizenship are discussed in relation to people with dementia using an ethics of care lens: (a) citizenship as a relationship between the individual and the state; (b) citizenship as a practice and (c) citizenship as identity and belonging. I propose that citizenship can be achieved by promoting inclusion in defining and creating policy, research and practice.

scholarly journals Антиутопические произведения Евгения Замятина и Василя Гигевича: к проблеме сходства и различий

2020 ◽  
Vol 20 ◽  
pp. 7-22
Author(s):  
Anna Alsztyniuk ◽  
Keyword(s):  
State Power ◽  
The State ◽  
The Other ◽  
George Orwell ◽  
Aldous Huxley ◽  
Other Hand ◽  
The Future ◽  
In Captivity

The article analyses Zamyatin’s novel We (1921) and Hihiewicz’s story Martian Journey (1990). Zamyatin is considered to be the father of the anti-utopian genre, and We became a source of inspiration for many writers, including George Orwell and Aldous Huxley. Hihiewicz, in his works, repeatedly portrayed the society of the future, completely subordinated to the system of state power. Similar issues and kinds of narration are the main features that link both analysed works. However, the transformation of Zamyatin’s protagonist is only temporary, as a consequence of which he returns to the initial situation, to the life absolutely subordinated to the state power. On the other hand, Hihiewicz’s protagonists solve existential problems by choosing between life in captivity and death.

scholarly journals Protected Legal Interest of a Taxpayer as a Legal Category of Tax Law

Financial law ◽  
2020 ◽  
Vol 11 ◽  
pp. 23-26
Author(s):  
Elena A. Tsvetkova ◽  
Keyword(s):  
Public Interest ◽  
The State ◽  
The Other ◽  
Tax Law ◽  
Legitimate Interest ◽  
Other Hand ◽  
The One ◽  
The Individual ◽  
Subjective Rights

Protected legal interest is a legal category that allows to reflect all those interests that for one reason or another are not «covered» by subjective rights, but certainly have some importance for both society and the individual. It is convenient for the State, through such a tool as «protected legitimate interest», to take under its protection and protection those interests which, on the one hand, there is no need to translate into the rank of subjective rights, and on the other hand, when it is necessary for protection public interest, they gain a right and become the rights of the taxpayer.

The constitutional human rights in Uzbekistan: positivism, traditionalism, and a cautious shift towards international legal standards

2021 ◽  
Vol 30 (2) ◽  
pp. 94-130
Author(s):  
Aziz Ismatov
Keyword(s):  
Human Rights ◽  
Historical Analysis ◽  
Transition Process ◽  
The State ◽  
The Other ◽  
Evolutionary Development ◽  
Legal Standards ◽  
Other Hand ◽  
The Individual ◽  
The Impact

Until recently, unofficial interpretations of the situation with human rights had remained as an unspoken taboo in Uzbekistan, whereas foreign observers harshly criticized the country, pointing out systematic violations and restrictions of rights by the state. Indeed, not many could predict that the new President Shavkat Mirziyoev, who was elected in 2016, would initiate steps towards improving the human rights situation and, simultaneously, face specific challenges. The 1992 Constitution was developed within the complex transition process from socialism to market economy. This Constitution devotes an entire chapter to human and citizens’ rights. Initially, some authors expected that the Constitution would integrate rights in the context of natural-legal ideas. However, Uzbekistan has largely preserved and strengthened the positivist approach towards constitutional rights, designating the state to grant and limit those rights. The paradox of this situation is that Uzbekistan’s tendencies conflict with the general trends of the post-socialist constitutionalism since the country practically did not change constitutional provisions’ evolutionary development. On the other hand, in the post-socialist Eastern European countries and some former USSR republics, the collapse of socialism led to a constitutional revolution. The author applies historical analysis and cognitive constitutionalism methods to explain a paradox of impossibility to root natural-legal ideas within the (1) deeply-rooted Soviet positivism and (2) revived pre-Soviet traditionalism. On the other hand, the historical 1992 Constitution preparatory process, guided by the special Working group and headed by Islam Karimov, and the theory of human rights in Uzbekistan inherited a strong influence from the doctrine of the Soviet constitutionalism; its positivism, dogmatism and normativism. On the one hand, the author focuses on the impact of traditionalism revived after 1991 in national customs, behavioural attitudes, or social values; and paternalism that had transformed into a “super-presidentialism”, which widely continued a principle of the state’s priority above the individual. In conclusion, the author points to the existing legal imperfections of the constitutional text, and offers approaches to shorten the gap between the supporters of positivism in the 1992 Constitution and the natural right theory’s followers.

PATTERN OF ANIMATOR IN POLISH AND FOREIGN LITERATURE ON THE SUBJECT

2019 ◽  
pp. 4-13
Author(s):  
T. Łapian
Keyword(s):  
Spiritual Development ◽  
Social Life ◽  
Human Life ◽  
The State ◽  
The Other ◽  
Industrial Society ◽  
Contemporary Culture ◽  
Ecological Sensitivity ◽  
Other Hand ◽  
The Individual

The emergence and development of socio-cultural animation are closely related to the state of modern society and contemporary culture. Animation has become a response to their deficiencies and deficiencies, for the needs that our post-industrial society cannot satisfy. The development of civilization, which led to industrialization and urbanization, meant that the social structure underwent a radical transformation. Traditional forms of community life and the types of lasting relationships related to them have disappeared, and their place was replaced by individualistic culture focused on the individual and its self-fulfillment. The way we live has become increasingly dependent on the one hand on the state, with its ubiquitous institutions, and on the other hand on market mechanisms, increasingly aggressively entering all possible areas of social life. Many outstanding humanistic psychologists, such as Maslow, Perls, Rogers and Fromm, demanded action to transform the human individual. It was postulated to strive to develop in the individual such qualities as: openness, flexibility, the ability to make conscious choices, intrsteer, creativity, skepticism towards positively understood science and technology, striving for authenticity, treating life as internal changes, autonomy, caring for others, ecological sensitivity, independence, ability to self-organize into self-sufficient institutions, spiritual development. The theme of animation requires an interdisciplinary approach, as it concerns many areas of human life. Seen from a social perspective, it is associated with such phenomena as: enriching social and cultural life forms, inspiring people to creative life and creative activities, reviving local communities and various groups and environments, discovering the unrealized potentials of both individuals and groups. On the other hand, from the pedagogical perspective, you can see a range of methods in animation that can help you deal with contemporary educational and educational challenges. The publications have rich thematic literature that goes beyond Central Europe. The topic raised was not fully exhausted; this text is one of the components of the monograph being created, which will describe the overall profile of the animator and leisure time animation.

Representation and participation in the changing world of party politics

1998 ◽  
Vol 6 (2) ◽  
pp. 161-174 ◽  
Author(s):  
Peter Mair
Keyword(s):  
20Th Century ◽  
Party Politics ◽  
The State ◽  
The Other ◽  
The Political ◽  
Processes Of Change ◽  
Other Hand ◽  
Mass Politics ◽  
The Future ◽  
The One

The 20th-century has been the century of mass politics, and the mass parties that emerged at the beginning of this century became deeply rooted within wider society. The passing of this golden age of the party has now been marked by two distinct processes of change. On the one hand, parties have become more distant from society and more closely linked to government and the state. On the other hand, there has been a decline in the political identities of the parties, such that voters now find it increasingly difficult to distinguish between them. These changes, and the related transformation of politics into administration, have led to a growth in popular indifference to parties and to politics in general, as well as to a declining sense of engagement. Should this trend continue, it is mass spectacle rather than mass involvement that is likely to characterize the future of mass politics.

Sovereignty Under Law: A Possible Redefinition of Sovereignty in the Light of Locke's Theory of Liberty

1945 ◽  
Vol 39 (2) ◽  
pp. 350-355 ◽  
Author(s):  
Margaret Spahr
Keyword(s):  
Great Britain ◽  
Constitutional Law ◽  
Great Majority ◽  
Essential Elements ◽  
The State ◽  
The Other ◽  
Other Hand ◽  
Sovereign Authority ◽  
The Individual

Does the concept of sovereignty under law necessarily involve a self-contradiction? That it does, has admittedly been held by the great majority of careful thinkers from the time of Hobbes to the present day. Nor has this been inconsequential. The belief that submission to an enforceable law would be a surrender of sovereignty has been a most potent obstacle to the substitution of the law court for the battlefield in the determination of international disputes. On the other hand, it is generally conceded that for the individual the only liberty worth seeking is liberty under law. It is the thesis of this article that sovereignty under law for the state is no more absurd than liberty under law for the individual.The term “sovereignty” has been variously and elaborately defined, but for present purposes its essential elements may be listed as authority, equality, and liberty. The first-named attribute—authority—has its great importance in the field of constitutional law, which postulates that in every state there is some agency or combination of agencies possessed of the authority to control everything within the state. However, it is well known that the rise and spread of constitutionalism and federalism have rendered the concept of sovereign authority increasingly mystical. Even in Great Britain, the old simplicity of the sovereignty of “King in Parliament” has been complicated by the Parliament Act of 1911, and especially by the Statute of Westminster of 1931. To-be sure, it is easy enough to visualize sovereign authority in a dictatorial régime, but this arouses no envy on the part of those who enjoy other forms of government.

scholarly journals Aproximación descriptiva al fenómeno del suicidio en el estado de Mérida, Venezuela

2019 ◽  
pp. 167-185
Author(s):  
Freddy Crespo
Keyword(s):  
Suicide Rate ◽  
Violent Behavior ◽  
The State ◽  
Social Goals ◽  
The Other ◽  
National Trend ◽  
Other Hand ◽  
The Individual ◽  
The Relationship ◽  
Depth Interviews

El presente estudio es una aproximación descriptiva al suicidio en el estado de Mérida, Venezuela, con el objetivo de exponer y alertar sobre el comportamiento de este fenómeno y su tendencia diferenciada con las tasas de los demás estados en el lapso 1995-2012. Empleando una metodología complementaria, se expone la tendencia de suicidios a escala nacional y su diferenciación entre los diferentes estados. Igualmente, se efectuaron entrevistas en profundidad a los familiares de las personas suicidas. Los resultados demuestran que la tasa de suicidio de Mérida tiene un comportamiento diferente a la tendencia nacional y de los demás estados, pues constituye la más alta en el lapso en estudio. Por otro lado, las entrevistas muestran una desestructuración de la relación entre medios y metas sociales debido a la coyuntura por la que atraviesa el país, lo cual conlleva a la acumulación de tensión del individuo. La principal conclusión es que esta situación está generando nuevas morfologías para la expresión de la conducta violenta, entre las que el suicidio es una acción muy probable. Abstract The present study is a descriptive approximation to suicide in Merida, Venezuela, with the objective of exposing and alerting about the behavior of this phenomenon and its differentiated tendency with the rates of the other states of Venezuela in the period 1995-2012. Using a complementary methodology, the national suicide trend and its differentiation between the different states is exposed. Likewise, in-depth interviews were conducted with the relatives of the suicidal persons in the state. The results show that Merida's suicide rate behaves differently from the national trend and that of the other states, since it is the highest in the period under study. On the other hand, the interviews show a destructuring of the relationship between means and social goals due to the situation that the country is going through, which leads to the accumulation of tension of the individual. The main conclusion is that this situation is generating new morphologies for the expression of violent behavior, among which suicide is a very probable action.

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