scholarly journals Beyond peaceful protest: When non-participants support violence against the police

2019 ◽  
Author(s):  
Patricio Saavedra ◽  
John Drury
Keyword(s):  
Undergraduate Students ◽  
Thematic Analysis ◽  
Social Norm ◽  
Controversial Issues ◽  
State Repression ◽  
Political Openness ◽  
Cultural Pattern ◽  
The Government ◽  
The Right ◽  
Self Defence

One of the most controversial issues related to protests is the use of violence by protesters. Although there is a strong social norm against protest violence, research has suggested that protesters’ endorsement of non-violent actions can change according to the legitimacy of police actions during protests. However, both non-participants’ support for protest violence and its relationship with authorities’ measures regarding protests have barely been studied. To address this, we interviewed 17 British undergraduate students with diverse previous experiences as protesters about their views on protest violence. For the interviews, we used vignettes to describe two fictional scenarios, one where the government and the police actively restrict the right to protest and another where authorities facilitate protesters’ actions. A thematic analysis incorporating elements from the ideological dilemmas approach was carried out to explore the range of arguments related to protest violence. We found that most participants articulated a variety of expressions that made up a recognisable cultural pattern: protest should be peaceful. However, when participants perceived that ‘the right to protest’ was threatened by state repression, those who earlier rejected protest violence argued that they would support the use of violence against the police as ‘self-defence’. Our findings suggest there are pervasive frameworks for interpreting and responding to real contexts of political openness and repression, and reflective of people’s ability to simultaneously hold contradictory views about the legitimacy of protest violence.

Neither Civilian nor Combatant: Weaponised Spaces and Spatialised Bodies in Cizre

2019 ◽  
pp. 71-94
Author(s):  
Haydar Darıcı ◽  
Serra Hakyemez
Keyword(s):  
Political Life ◽  
Right To Life ◽  
History Of ◽  
The Dead ◽  
The Government ◽  
Turkish State ◽  
The One ◽  
The Right ◽  
Kurdish Conflict ◽  
Self Defence

What kind of work does the categorical distinction between combatant and civilian do in the interplay of the necropolitics and biopower of the Turkish state? This paper focuses on a time period (2015-2016) in the history of the Kurdish conflict when that distinction was no longer operable as the war tactics of the Kurdish movement shifted from guerrilla attacks of hit and run in the mountains to the self-defence of residents in urban centres. It reveals the limit of inciting compassion through the figure of civilian who is assumed to entertain a pre-political life that is directed towards mere survival. It also shows how the government reconstructs the dead bodies using forensics and technoscience in order to portray what is considered by Kurdish human rights organizations civilians as combatants exercising necroresistance. As long as the civilian-combatant distinction remains and serves as the only episteme of war to defend the right to life, the state is enabled to entertain not only the right to kill, but also to turn the dead into the perpetrators of their own killing. Finally, this paper argues that law and violence, on the one hand, and the right to life and the act of killing on the other, are not two polar opposites but are mutually constitutive of each other in the remaking of state sovereignty put in crisis by the Kurdish movement's self-defence practices.

scholarly journals UŻYWANIE DRONÓW W CELU ZWALCZANIA TERRORYZMU ŚWIETLE ‘IUS AD BELLUM’

2016 ◽  
Vol 16 (2) ◽  
pp. 141 ◽  
Author(s):  
Łukasz Kułaga
Keyword(s):  
International Law ◽  
Use Of Force ◽  
Point Of View ◽  
International Terrorism ◽  
Controversial Issues ◽  
Legal Regulations ◽  
Definition Of ◽  
The Right ◽  
The Military ◽  
Self Defence

The Use of Drones in Combating International Terrorism from the Perspective of ‘ius ad bellum’Summary The increasing practice of using armed unmanned aerial vehicles (military UAVs, commonly known as drones) by some countries to eliminate suspected terrorists raises a number of controversies from the perspective of international law. These controversies are also related to the specific features of military UAVs, which make it possible to kill targeted individuals without risk to the military personnel of the country concerned, and thereby may encourage the abusive interpretation of the applicable legal regulations. This article discusses these issues from the perspective of ius ad bellum, in particular the right to self-defence. It shows the main controversial points on the scope of invoking the right to self-defence in such cases, in particular the possibility of invoking the right to self-defence in response to an attack by a non-state entity, the question of pre-emptive self-defence, the importance of the severity of the force used as a condition allowing for the use of force in self-defence, and the relevance of the principles of proportionality and necessity. The article also presents an outline of the vast and highly controversial issues associated with the definition of terrorism from the point of view of international law.

Peculiarities of Land Reform and Introduction of the Land Market in Ukraine: Legal Security and Consequences

2021 ◽  
Vol 67 (2) ◽  
pp. 261-269
Author(s):  
Olha Zyhrii
Keyword(s):  
Land Tenure ◽  
Land Reform ◽  
Agricultural Land ◽  
Land Market ◽  
Controversial Issues ◽  
Land Relations ◽  
The Government ◽  
Legal Security ◽  
The Right ◽  
Ukrainian Society

During the years of Ukraine's independence, the issue of land reform and the opening of the market for agricultural land was on the agenda of the legislative and executive branches of government. According to the Constitution of Ukraine, land is the most valuable wealth and property of the Ukrainian people. Land reform is not the first attempt by the authorities to change land relations in Ukraine, but it was to resolve the controversial issues of Ukrainian land. The implementation of land reform provided not only the introduction of effective mechanisms of land tenure and land use, but also the development of a modern land market on the basis of a market economy. Land reform has been hampered by corruption, a moratorium on the sale of agricultural land, and the desire of some politicians to speculate on the issue. Therefore, the moratorium in Ukraine was introduced as a temporary tool to protect landowners in the underdeveloped infrastructure of the land market. The adopted Law of Ukraine in 2020 removes the moratorium and gives the right to owners of agricultural land to dispose of their land at their own discretion. In the future, the opening of the land market should be a significant change in the life of Ukrainian society. However, the villagers face a number of unresolved issues that need to be clarified. Parliament and the government are expected to adopt and implement new land laws, such as decentralization of land management, the state e-auction, and the establishment of an independent Partial Lending Fund to increase smallholder access to flexible financing.

scholarly journals Strategi Coping Mahasiswa dalam Menghadapi Perubahan Sistem Perkuliahan di Masa Pandemi COVID-19

2021 ◽  
Vol 11 (3) ◽  
pp. 247
Author(s):  
Nurchayati Nurchayati ◽  
Muhammad Syafiq ◽  
Riza Noviana Khoirunnisa ◽  
Ira Darmawanti
Keyword(s):  
Online Learning ◽  
Coping Strategies ◽  
Undergraduate Students ◽  
Thematic Analysis ◽  
Learning Experience ◽  
Online Classes ◽  
Abrupt Transition ◽  
Internet Connection ◽  
Qualitative Thematic Analysis ◽  
The Government

This study examined two things: a) challenges confronting undergraduate students as a result of an abrupt transition to online learning in response to the COVID-19 pandemic, and b) the coping techniques that they employed to tackle the challenges. Using Google Forms, interviews were conducted with 418 undergraduate students in one of universities in Surabaya. Qualitative thematic analysis of the interviews produced three findings. First, among the problems faced by the students are poorly done online classes, trouble interacting with lecturers and classmates, difficulty in accessing course resources, bad Internet connection, environmental distractions, and chaotic changes in class schedules. Second, as a result, the students suffered from increased stress and poor learning experience. Third, to survive, they employed three major coping techniques: problem-focused, emotion-focused, and appraisal-focused. This study concludes that students, lecturers, parents, and the government employ coping strategies that are both synergistic and antagonistic.  Keywords: Coping strategies, COVID-19 pandemic, online learning, studentsAbstrak: Riset ini mengkaji tantangan para mahasiswa tingkat sarjana akibat transisi mendadak ke pembelajaran dalam jariringan (daring) di masa pandemi COVID-19, dan strategi mereka dalam mengatasi tantangan itu. Data dikumpulkan melalui wawancara tertulis menggunakan Google Forms terhadap 418 mahasiswa di salah satu perguruan tinggi di Surabaya. Teknik analisis tematik yang digunakan membuahkan tiga temuan. Pertama, masalah-masalah yang dihadapi para sujbek mencakup paparan materi kuliah yang tidak memadai, sukarnya interaksi dengan dosen dan sesama mahasiswa, sukarnya akses ke bahan pembelajaran, buruknya koneksi internet, distraksi lingkungan, dan berubah-ubahnya jadwal kuliah. Kedua, akibatnya, di samping mutu pengalaman belajar para mahasiswa ini menjadi tidak optimal, mereka pun mengalami problem psikis. Ketiga, dalam beradaptasi pada sistem perkuliahan online atau dalam jaringan (daring) dengan berbagai problemnya itu, para mahasiswa menempuh beragam strategi coping yang secara garis besar dapat dikelompokkan ke dalam tiga gugus utama strategi yaitu coping yang berpusat pada problem, coping yang bertumpu pada emosi, dan coping yang berbasis interpretasi. Riset ini mencapai kesimpulan bahwa teknik-teknik coping yang diterapkan oleh berbagai pemangku kepentingan (mahasiswa, dosen, orang tua, dan pemerintah) ternyata bekerja secara sinergis sekaligus antagonistik.

Nazistowski mord na Żydach w prasie polskich komunistów (1942–1944).

2006 ◽  
pp. 54-75
Author(s):  
Klaus Peter Friedrich
Keyword(s):  
Shared Responsibility ◽  
The Political ◽  
Right Wing ◽  
Social Democrats ◽  
The Social ◽  
The Government ◽  
Post War ◽  
Polish Government ◽  
The Right ◽  
Political Right

Facing the decisive struggle between Nazism and Soviet communism for dominance in Europe, in 1942/43 Polish communists sojourning in the USSR espoused anti-German concepts of the political right. Their aim was an ethnic Polish ‘national communism’. Meanwhile, the Polish Workers’ Party in the occupied country advocated a maximum intensification of civilian resistance and partisan struggle. In this context, commentaries on the Nazi judeocide were an important element in their endeavors to influence the prevailing mood in the country: The underground communist press often pointed to the fate of the murdered Jews as a warning in order to make it clear to the Polish population where a deficient lack of resistance could lead. However, an agreed, unconditional Polish and Jewish armed resistance did not come about. At the same time, the communist press constantly expanded its demagogic confrontation with Polish “reactionaries” and accused them of shared responsibility for the Nazi murder of the Jews, while the Polish government (in London) was attacked for its failure. This antagonism was intensified in the fierce dispute between the Polish and Soviet governments after the rift which followed revelations about the Katyn massacre. Now the communist propaganda image of the enemy came to the fore in respect to the government and its representatives in occupied Poland. It viewed the government-in-exile as being allied with the “reactionaries,” indifferent to the murder of the Jews, and thus acting ultimately on behalf of Nazi German policy. The communists denounced the real and supposed antisemitism of their adversaries more and more bluntly. In view of their political isolation, they coupled them together, in an undifferentiated manner, extending from the right-wing radical ONR to the social democrats and the other parties represented in the underground parliament loyal to the London based Polish government. Thereby communist propaganda tried to discredit their opponents and to justify the need for a new start in a post-war Poland whose fate should be shaped by the revolutionary left. They were thus paving the way for the ultimate communist takeover

THE IDEA OF «COMMUNITY» IN THE GOVERNMENT CONCEPTS OF GALICIA OF THE XIX – BEGINNING OF THE XX CENTURY

2019 ◽  
pp. 15-21
Author(s):  
Liubomyr Ilyn
Keyword(s):  
Nineteenth Century ◽  
19Th Century ◽  
Practical Significance ◽  
Distinctive Features ◽  
Legal Studies ◽  
Legal Principle ◽  
General Scientific ◽  
The Government ◽  
The Right ◽  
The 19Th Century

Purpose. The purpose of the article is to analyze and systematize the views of social and political thinkers of Galicia in the 19th - beginning of the 20th centuries. on the right and manner of organizing a nation-state as a cathedral. Method. The methodology includes a set of general scientific, special legal, special historical and philosophical methods of scientific knowledge, as well as the principles of objectivity, historicism, systematic and comprehensive. The problem-chronological approach made it possible to identify the main stages of the evolution of the content of the idea of catholicity in Galicia's legal thought of the 19th century. Results. It is established that the idea of catholicity, which was borrowed from church terminology, during the nineteenth century. acquired clear legal and philosophical features that turned it into an effective principle of achieving state unity and integrity. For the Ukrainian statesmen of the 19th century. the idea of catholicity became fundamental in view of the separation of Ukrainians between the Russian and Austro-Hungarian empires. The idea of unity of Ukrainians of Galicia and the Dnieper region, formulated for the first time by the members of the Russian Trinity, underwent a long evolution and received theoretical reflection in the work of Bachynsky's «Ukraine irredenta». It is established that catholicity should be understood as a legal principle, according to which decisions are made in dialogue, by consensus, and thus able to satisfy the absolute majority of citizens of the state. For Galician Ukrainians, the principle of unity in the nineteenth century. implemented through the prism of «state» and «international» approaches. Scientific novelty. The main stages of formation and development of the idea of catholicity in the views of social and political figures of Halychyna of the XIX – beginning of the XX centuries are highlighted in the work. and highlighting the distinctive features of «national statehood» that they promoted and understood as possible in the process of unification of Ukrainian lands into one state. Practical significance. The results of the study can be used in further historical and legal studies, preparation of special courses.

Tanggung Jawab Hukum Penilai Publik terhadap Laporan Penilaian Kegiatan Pengadaan Tanah bagi Pembangunan untuk Kepentingan Umum (Studi Atas Kantor Jasa Penilai Publik Toto Suharto)

2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Gagah Yaumiyya Riyoprakoso ◽  
AM Hasan Ali ◽  
Fitriyani Zein
Keyword(s):  
Future Development ◽  
Public Interest ◽  
Legal Responsibility ◽  
Legal Research ◽  
The Public ◽  
The Government ◽  
Conducting Research ◽  
The Right ◽  
The Relationship ◽  
Systematic Explanation

This study is based on the legal responsibility of the assessment of public appraisal reports they make in land procurement activities for development in the public interest. Public assessment is obliged to always be accountable for their assessment. The type of research found in this thesis is a type of normative legal research with the right-hand of the statue approach and case approach. Normative legal research is a study that provides systematic explanation of rules governing a certain legal category, analyzing the relationship between regulations explaining areas of difficulty and possibly predicting future development. . After conducting research, researchers found that one of the causes that made the dispute was a lack of communication conducted between the Government and the landlord. In deliberation which should be the place where the parties find the meeting point between the parties on the magnitude of the damages that will be given, in the field is often used only for the delivery of the assessment of the compensation that has been done.

Konsep Pemerintahan Religius dan Demokrasi Menurut Abdul Karim Soroush dan Ayatullah Khomeini

2013 ◽  
Vol 3 (2) ◽  
pp. 438-473
Author(s):  
M. Heri Fadoil
Keyword(s):  
Religious System ◽  
Islamic Jurisprudence ◽  
Ayatollah Khomeini ◽  
The Difference ◽  
The Government ◽  
The Right

Abstract: Abdul Karim Soroush judges that religious rule is incorrect assessment of the application of Islamic jurisprudence. In a religious society, Islamic jurisprudence obtains the right to govern. It is, of course, necessary to establish a kind of Islamic jurisprudence-based religious rule. Soroush firmly rejects it because such interpretation is too narrow. As for democracy, Soroush argues that the system used is not necessarily equal to that of the Western. On the contrary, Ayatollah Khomeini’s thoughts on religious rule are reflected in the so called wilayat al-faqih. It is a religious scholar-based government. Democracy, according to him, is the values of Islam itself, which is able to represent the level of a system to bring to the country’s progress. Principally, there are some similarities between the ideas of Ayatollah Khomeini and those of Abdul Karim Soroush in term of religiosity. They assume that it is able to sustain the religious system of government. The difference between both lies on the application of religiosity itself. Ayatollah Khomeini applies the concept of a religious scholar-based government, while Abdul Karim Soroush rejects the institutionalization of religion in the government or state.Keywords: Governance, democracy, Abdul Karim Soroush, Ayatollah Khomeini

Paradigma Pembangunan Desa dalam Pengelolaan Keuangan Desa Berdasarkan Undang-Undang Nomor 6 Tahun 2014 Tentang Desa

2020 ◽  
Vol 3 (2) ◽  
pp. 117-132
Author(s):  
Betha Rahmasari
Keyword(s):  
Regional Development ◽  
Financial Management ◽  
Sustainable Use ◽  
Economic Potential ◽  
Village Community ◽  
Development Organizations ◽  
The People ◽  
The Government ◽  
The Right ◽  
The Village

This article aims to find out the developmentidea or paradigm through village financial management based on Law Number 6 of 2014 concerning Villages. In this study, the researcher used a normative research methodby examining the village regulations in depth. Primary legal materials are authoritatuve legal materials in the form of laws and regulations. Village dependence is the most obvious violence against village income or financial sources. Various financial assistance from the government has made the village dependent on financial sources from the government. The use of regional development funds is intended to support activities in the management of Regional Development organizations. Therefore, development funds should be managed properly and smoothly, as well as can be used effectively to increase the people economy in the regions. This research shows that the law was made to regulate and support the development of local economic potential as well as the sustainable use of natural resources and the environment, and that the village community has the right to obtain information and monitor the planning and implementation of village development.

ANALISIS YURIDIS NORMATIF PUTUSAN PERKARA MAHKAMAH AGUNG KONSTITUSI RI No. 004/PUU-II/2004

2013 ◽  
Vol 7 (1) ◽  
pp. 7
Author(s):  
Doni Budiono
Keyword(s):  
The Body ◽  
Supreme Courts ◽  
Military Justice ◽  
State Administration ◽  
The Supreme Court ◽  
Directorate General ◽  
The Government ◽  
Government Rules ◽  
The Right ◽  
Tax Court

The  authority  of justice in Indonesia  is executed by  the Supreme Courts and  the  justice  boards/body under the Supreme Courts, including  the general  justice, religious affairs justice, military justice,  state administration  justice,  and  the Constitution Court. According to  certainty in  the Act of  Tax Court, Article1, clause  (5),  tax  dispute   refers to the legal dispute arising in the  taxation  affairs between the  tax payer or the  body  responsible for the  tax with   the government   executives  ( Directorate General of Tax) as the consequence of   the issue of  the decree for the  appeal  to the Tax  Court in accordance with the  tax Act, including the  charge  against the  execution of collection   in accordance with the  Act of Tax Collection by force. The  formation of Tax Court is  designed by  the Executives, in this case, the  Department of Finance, specifically  the Directorate   General  of Tax  which has the right to issue  law  more technical about  tax accord to Article 14,  letter A,  President Decree  no. 44  year 1974,  concerning the  basic  organization of the Department.  Based on  it,  it  is clear that  in addition to execute the government  rules and policy,  this body  has to execute judicial   rules and policy. This is against the  principles of  Judicative  Power/Authority in Indonesia,  which   clearly states that this body  should be under the Supreme Court.   Therefore. It is suggested that   the Act  No UU no.14 Year 2012 concerning  Tax Court   be revised  in accordance with the system of  Power Division  of Justice  as  stated in 45 Constitutions.

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