Meghalaya Transfer of Land (Regulation) Act, 1971 : A Critical Analysis

LAW REVIEW ◽  
2018 ◽  
Vol 37 (01) ◽  
Author(s):  
Arun Kumar Singh
Keyword(s):  
Critical Analysis ◽  
The State ◽  
Land Transfer ◽  
The Will ◽  
Land Regulation ◽  
Definition Of

Meghalaya is the state comprises of different tribes mainly Khasi and Garos. Culturally they are different. Land transfer in the State is governed by the Meghalaya Transfer ofLand(Regulation)Act,1971,which has been amended in 2010. The objective of the Act is to protect the interest of tribals. By the amendment word 'will' has been included in the detention of Transfer that created confusion .Although,the court has said that the 'will' should not be included in the definition of transfer but still it is there. In this paper the analysis of the Act of 1971 has been done. How far the SARFAESI Act,2002 is relevant here has been discussed. And also,the role of judiciary has been highlighted

Recht und Pflicht – Einschränkungen von Freiheit?

2021 ◽  
Vol 69 (1) ◽  
pp. 98-113
Author(s):  
Klaus Vieweg
Keyword(s):  
Free Will ◽  
The State ◽  
Individual Rights ◽  
Right To Life ◽  
Emergency Situations ◽  
The Will ◽  
Definition Of ◽  
The Right

Abstract Can one speak philosophically of a justified limitation of freedom? Hegel’s logically founded definition of free will and his understanding of right and duty can contribute to a clarification of the concept of freedom. Important is a precise differentiation between freedom and caprice (Willkür) – the latter being a necessary but one-sided element of the free will. In caprice, the will is not yet in the form of reason. Rational rights and duties are not a restriction of freedom. Insofar as individual rights can collide (e. g. in emergency situations), there can be a temporary and proportionate restriction of certain rights in favour of higher rights, such as the right to life. Dictatorships are instances of capricious rule which restrict freedom; the rationally designed state, by contrast, restricts only caprice. What is tobe defined are the duties and the rights of the state and the duties and the rights of the citizens.

Kant’s Naturrecht Feyerabend, Achenwall and the Role of the State

Kant Yearbook ◽  
2021 ◽  
Vol 13 (1) ◽  
pp. 49-71
Author(s):  
Mike L. Gregory
Keyword(s):  
Political Philosophy ◽  
Sustained Attention ◽  
Natural Law ◽  
The State ◽  
Natural Rights ◽  
Law System ◽  
Role Of The State ◽  
The Will ◽  
Subjective Rights

Abstract Kant’s Naturrecht Feyerabend has recently gained more sustained attention for its role in clarifying Kant’s published positions in political philosophy. However, too little attention has been given to the lecture’s relation to Gottfried Achenwall, whose book was the textbook for the course. In this paper, I will examine how Kant rejected and transforms Achenwall’s natural law system in the Feyerabend Lectures. Specifically, I will argue that Kant problematizes Achenwall’s foundational notion of a divine juridical state which opens up a normative gap between objective law (prohibitions, prescriptions and permissions) and subjective rights (moral capacities). In the absence of a divine sovereign, formal natural law is unable to justify subjective natural rights in the state of nature. In the Feyerabend Lectures, Kant, in order to close this gap, replaces the divine will with the “will of society”, making the state necessary for the possibility of rights.

scholarly journals TRANSFORMING THE POST-MUWAḤḤIDDŪN MAN: MALIK BENNABI’S CRITIQUE OF THE CONTEMPORARY MUSLIM SOCIETY

2021 ◽  
Vol 5 (1) ◽  
pp. 55-78
Author(s):  
Muhammad Yusuf Patria
Keyword(s):  
Critical Analysis ◽  
Primary Source ◽  
The State ◽  
Analytic Approach ◽  
Muslim Society ◽  
Secondary Sources ◽  
Current State ◽  
Definition Of ◽  
Society Today

This article is aimed at discussing the critical analysis of a Muslim thinker, Malik Bennabi, of the state of contemporary Muslim society. This discussion uses a descriptive-analytic approach with Bennabi's works as the primary source and other supporting works as secondary sources. Bennabi's definition of a society, especially its origin, basic elements, and its stages, is described in detail as a basis for understanding Bennabi's thoughts. then, the article discusses Bennabi's analysis and criticism of the current state of Muslim society. For him, the root of all the problems experienced by Muslim society today is an internal weakness or what he calls "colonisability". This situation, according to him, creates vulnerable individuals and societies to be "colonized" again. Bennabi referred to these individuals in Muslim society as “Post-Muwaḥḥiddūn man”, as a sign that internal weaknesses began to emerge in Muslim society after the Muwaḥḥid dynasty. Based on his explanation, it can be concluded that the current Muslim society is disoriented and has lost its identity. The author also concludes that Bennabi's approach and analysis are able to describe the current state of Muslim society and the root of the problems it is experiencing.

scholarly journals MACROECONOMIC TOOLS FOR ENSURING RESILIENCE OF THE FINANCIAL CORPORATIONS SECTOR

2020 ◽  
Vol 1 ◽  
pp. 16-22
Author(s):  
Diana Shkuropadska
Keyword(s):  
The State ◽  
Normal Functioning ◽  
Innovation Development ◽  
Role Of The State ◽  
System Method ◽  
Compensation Mechanisms ◽  
Theoretical Generalization ◽  
Definition Of ◽  
International Audit

Research the tools for ensuring resilience of the financial corporations sector is relevant, given the fact that the development of the world economy is increasingly subject to the shock influences, to which financial crises are imposed. The aim of the article is to identify and justify macroeconomic tools according to the directions for ensuring resilience of the financial corporations sector. The theoretical-methodological base of the article is scientific works of scientists and reports of international organizationsfor directions and tools for ensuring resilience of the financial corporations sector and the economy in general. The general approaches and research methods have been used at preparing the article: theoretical generalization, analysis, synthesis and system method. The use of these methods allowed to consider approaches of leading international audit companies to understand the concept “resilience of the financial corporations”. On this basis, there was suggested the author's definition of the concept “resilience of the financial corporations sector” and defined it essential characteristics. It was explained, that the process of ensuring resilience of the financial corporations sector involves the implementation of macroeconomic tools in accordance with the following areas: the introduction of economic stimulus packages, attractive lending conditions, tax and investment benefits, promoting innovation, development of compensation mechanisms, international financial support. The important attention in the study was paid to the role of the state in the process of implementing macroeconomic tools for ensuring resilience of the financial corporations sector. Attention is focused on the fact, that under shock influences the state should implement macroeconomic tools in line with current problems in the development of the financial corporations sector. This in turn will ensure its profitability at a level sufficient for normal functioning.

POWERS OF THE PRESIDING JUDGE IN A JURY TRIAL IN THE CONTEXT OF ADVERSARIAL PRINCIPLES OF RUSSIAN CRIMINAL PROCEDURE

2021 ◽  
pp. 64-76
Author(s):  
Tatyana K. Ryabinina ◽  
◽  
Daria O. Chistilina ◽  
Keyword(s):  
Citizen Participation ◽  
Criminal Procedure ◽  
The State ◽  
Jury Trial ◽  
Criminal Proceedings ◽  
Strict Adherence ◽  
Jury Trials ◽  
Definition Of ◽  
The Individual

The main objective is to examine the powers of the presiding judge in jury trials in the context of adversarial principles of criminal proceedings. Particular attention will be paid by the authors to different approaches to the notion of adversariality and the definition of the role of a professional judge in such courts, as well as the degree of his activity during the judicial investigation. The main methods used by the authors were dialectical and systematic method, analysis, synthesis, as well as special legal methods of knowledge. The outcome of the research will be a definition of the role of the presiding judge in a jury trial. Forms of criminal procedure that allow the individual to directly participate in the deci-sion-making process of the judiciary are responsible for ensuring citizen participation in the administration of justice in the state. Two such forms have been developed in the world practice so far: the classical jury trial model and the Scheffen model. Each of them provides certain (broad or narrow) powers of a professional judge, the scope of which determines the degree of independence of citizens and the ultimate prospects for the development of a system of popular democratic justice in an adversarial system of criminal proceedings. In today's Russia, the classical jury trial model, modeled after the English jury trial, does not provide for broad powers of the court. In addition, there is the adversarial principle in Russia, which is fostered by the existence of jury trials. However, strict adherence to its provisions may lead to a misunderstanding of the role of the presiding judge in such a court. The activity of a professional judge should be balanced in accordance with the needs of the criminal case under consideration. Thus, requesting additional evidence in the course of the trial in order to verify existing evidence should not be considered a violation of the adversarial principle. Thus, the development of the optimal model for jury trial functioning as well as the determination of the presiding judge's role in the context of adversarial principles of criminal proceedings is a socially-systemic task. It requires a comprehensive dogmatic, comparative-legal and political-legal approach in order to develop the jury trial model which is more con-sistent with the legal system of the state.

Nation Branding

2020 ◽  
pp. 57-73
Author(s):  
Héctor Fernández L’Hoeste
Keyword(s):  
The State ◽  
Nation Branding ◽  
Business Managers ◽  
Imagined Community ◽  
Social Sciences And Humanities ◽  
Role Of The State ◽  
The Social ◽  
Definition Of ◽  
Political Technology

This chapter proposes the practice of nation branding as a political technology, as an example of neoliberalism in which the definition of national identity, previously assessed primarily by the social sciences and humanities, becomes the domain of business managers and advertising executives, thanks to technologies associated with social media. It explains how the redefinition of social goods, the role of the state, and the role of experts entail the replacement of a more socially driven understanding of identity with an act of commercial prestidigitation by way of nation branding; the pertinent state entities are replaced by advertising and image consultancy firms; and, lastly, scholars of various disciplines are replaced by advertising and PR executives. In short, following neoliberalism, identity is reinterpreted as brand. Identity no longer results from the never-ending and instantaneous negotiation between a multiplicity of parties, representative of myriad aspects relevant to the configuration of individuals and communities, but is rendered instead as the quantifiable, concrete result of a variety of transactions. Through this reformulation, a new relationship is suggested between the idea of nation as imagined community and the reality of the state as a material expression of the concept of nation.

The changing role of children’s charities delivering early intervention services

2020 ◽  
pp. 145-176
Author(s):  
Alison Body
Keyword(s):  
Early Intervention ◽  
The State ◽  
Policy Changes ◽  
Early Intervention Services ◽  
Changing Environments ◽  
Definition Of ◽  
The Impact ◽  
Changing Role ◽  
Preventative Services

In chapter 6 we explore the impact of commissioning and policy changes on early intervention and preventative services for children delivered by the charitable sector. The definition of early intervention and preventative services is highly contested and politicised within policy and commissioning processes. This reflects an ongoing debate regarding the shifting paradigm of prevention. As the commissioning narrative has developed, there has been an overall disengagement between the voluntary sector providers and State. As the charitable sector is increasingly exposed to intensifying marketization, polarisation of relationships increases. We identify here three ‘types’ of organisational responses to this ever-changing environments; conformers – those charities who align themselves close to the State and regularly reinterpret their mission to fit State logic; the outliers – those charities which reject State approaches to early intervention and seek to deliver services completely independently of the State; and the intermediaries – those charities which walk between conformity and dissent, working with the State when necessary or too their advantage, and walking away when not. We discuss how these types fundamentally alter children’s charities perspectives and experiences of commissioning and the impact this has on their wider work.

scholarly journals El arte de la educación en México

2019 ◽  
pp. 45-52
Author(s):  
José De La Cruz Diaz-Ledezma
Keyword(s):  
Teacher Education ◽  
Teacher Training ◽  
Critical Analysis ◽  
Basic Education ◽  
The State ◽  
Educational Process ◽  
Educational Levels ◽  
The Subject ◽  
The Relationship

This article presents a vision of the relationship that can be established between education and art in our country, starting from the analysis of the objectives of teacher education and the role it plays in the educational process, presents a critical analysis of the intentionality of Basic education and teacher training. It is an intentional study of the role of the teacher in a country where the role of the educating State takes on the functions of designing, orienting, organizing and directing, through the school the destinies of the new generations, forming them in an educational process according to the interests and needs of. Objective: to identify the influence that the State exerts through education, in active teachers, in the training of teachers and in students of the different educational levels of our country. Methodology: qualitative documentary research, where different moments of teacher training are analyzed in the light of theory, educational laws and others related to the subject. Contribution: originate discussion points around the educational process and the State's aims in educational matters, from the training of teachers and their performance in the classroom as an agent not of transformation, but as a reproductive agent of the wishes of the State.

scholarly journals The State-based Financial Control in Ukraine: Status and Directions for Improvement

2021 ◽  
Vol 10 (525) ◽  
pp. 336-340
Author(s):  
I. V. Yahodenko ◽  
◽  
O. D. Hordei ◽  
Keyword(s):  
The State ◽  
Current Status ◽  
Financial Control ◽  
Theoretical Understanding ◽  
Regulatory Authorities ◽  
Control Functions ◽  
Role Of The State ◽  
Definition Of ◽  
Effective Use

The article is aimed at disclosing the economic essence of the concept of «the State-based financial control», defining and analyzing the current status of the State-based financial control in Ukraine. The article analyzes the opinions of scholars on the definition of the conceptual apparatus of the research topic and derives a theoretical understanding of the State-based financial control. The issue of building an effective unified system of the State-based financial control is researched. The analysis of legislation norms on the implementation of the State-based financial control is carried out. The opinions of leading scholars who study the problems of control over the effective use of both the State and the local budgets together with reforms in this area are taken into account. The current status of the State-based financial control in the country is analyzed, a number of problems within the system are outlined. The characteristic shortcomings of functioning of the elements of the State-based control system are outlined (absence of a unified concept for the development of the State-based financial control, deepening of the powers of regulatory authorities, presence of a large number of normative legal acts, their outdatedness and inconsistency), the inadmissibility of duplication of control functions is emphasized. The role of the State-based audit in the formation of the successful State-based financial control in the country is determined. The risks that influence the formation of the State-based financial control are analyzed. It is concluded that the system of the State-based financial control in Ukraine does not have sufficient legal, informational, organizational, communicative, institutional and methodological provision that would meet the modern challenges of the country’s economy. Solving the problems of organization and functioning of the State-based financial control is possible by systematically improving the activities of financial control bodies, increasing the level of audit and continuous improvement of the management system within the organizations of regulatory authorities.

scholarly journals Tasks and powers of the National police of Ukraine in ensuring information security of the state

2021 ◽  
Vol 10 (37) ◽  
pp. 86-92
Author(s):  
Vitalii Makarchuk
Keyword(s):  
Information Security ◽  
Cyber Security ◽  
The State ◽  
Legal Method ◽  
Modeling And Forecasting ◽  
The Subject ◽  
Definition Of ◽  
Definition Of Information ◽  
National Police

The purpose of the article is to examine the role of the National Police of Ukraine in ensuring the information security of Ukraine. The subject of the study: The subject of the study is the competence of the National Police of Ukraine in ensuring the information security of Ukraine. Methodology: Dialectical method, epistemological method, analytical method, formal and legal method, normative and dogmatic method, the methods of legal modeling and forecasting were used in the research. The results of the study: The definition of “information security” and “cyber security” is provided. The main factors that negatively affect the information space in Ukraine, as well as current threats to Ukraine’s national security in the information sphere are identified. Practical implications: It is established that the number of crimes in the information sphere is growing every year. In this regard, the task of the National Police is to combat crimes and other offenses in this area, as well as to protect relevant rights and freedoms of citizens, society and the State. Value/originality: The tasks and powers in the area of information security protection of the National Police in general and the Department of Cyber Security, in particular, are defined.

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