Dis/Obedience

2019 ◽  
pp. 206-236
Author(s):  
Chris Rossdale
Keyword(s):  
Intimate Relationships ◽  
Critical Reflection ◽  
Direct Action ◽  
The State ◽  
Main Section ◽  
The Law ◽  
Legal Subjects ◽  
Legal Processes

This chapter looks at how anti-militarists attempt to become ‘disobedient’ in the conduct of direct action, with a particular focus on how they constitute themselves as (il)legal subjects. It begins with some reflections on the intimate relationships between concepts of obedience and disobedience, with the rest of the chapter considering how those relationships are manifest in the movement. The first main section outlines how activists attempt to become disobedient, with a focus on the intentional and embodied labour involved in preparing for individual acts of disobedience. The next section reflects on how, despite these disobedient acts, anti-militarists also operate as obedient subjects. The argument here focuses on the politics of ‘accountability’, looking at how many (but not all) activists frame their disobedience through a higher duty of obedience, whether to the law, the state, or to God. It provides some critical reflection on the politics of accountability. The chapter then discusses how, even as they practice accountability, activists locate further opportunities for resistance, turning legal processes into fresh instantiations of disobedience. The conclusion argues that it is vitally important to make space for a politics of disobedience which is not automatically positioned in reference to a higher practice of obedience.

scholarly journals Actions Ultra Vires Minister of State-Owned Enterprises in the Procurement of Goods and Services at Subsidiaries of State-Owned Enterprises

2020 ◽  
Vol 8 (06) ◽  
pp. 220-225
Author(s):  
Fauzan Prasetya ◽  
Busyra Azheri ◽  
Ismansyah ◽  
Sukanda Husin
Keyword(s):  
Legal Status ◽  
The State ◽  
Legal Entity ◽  
Goods And Services ◽  
Pros And Cons ◽  
The Law ◽  
The Government ◽  
Legal Subjects

The Government through the Minister of State-Owned Enterprises (SOEs) in his position as a Shareholder in SOEs (Indonesian: Badan Usaha Milik Negara (BUMN) enacts the Minister of SOE Regulation Number: PER-15 / MBU / 2012 Regarding Amendments to the Regulation of the State Minister of State-Owned Enterprises Number PER-05 / MBU / 2008 Regarding Guidelines General Implementation of Procurement of Goods and Services of State-Owned Enterprises in SOE Subsidiaries. Which actions have raised the pros and cons of the capacity of the Minister of SOEs as BUMN shareholders in SOE subsidiaries. The legal status of BUMN subsidiaries in the BUMN holding scheme remains a separate legal entity that has their respective organs and responsibilities as regulated in the Law of PT. When the SOE Minister acts on behalf of the State, he is the shareholder of SOE as contained in Article 1 paragraph (1) of the BUMN Law. As a shareholder, the Minister of SOEs can only establish policies towards SOEs. Whereas in SOE Subsidiaries, the shareholders are SOEs as legal subjects. So that the provisions of Article 1 number (2) SOE Ministerial Regulation Number 3 of 2012 whereby the Minister of BUMN cannot act as a shareholder. The enactment of BUMN Permen 15/2012 to SOE Subsidiaries by SOEs Minister in his capacity as BUMN shareholder is an ultra vires action.

scholarly journals Collision of Royal Law and local fueros in the process of the Spanish state formation in XVI century on the example of the Antonio Perez case

2018 ◽  
pp. 22-25
Author(s):  
Elena Kalínina
Keyword(s):  
State Formation ◽  
The State ◽  
Customary Law ◽  
The Political ◽  
Roman Emperor ◽  
Concrete Case ◽  
Philip Ii ◽  
Charles V ◽  
The Law ◽  
Legal Processes

In this article, the Author uses the concrete case of Antonio Perez, the ex-secretary of the king Philip II of Spain, to demonstrate the course of the Spanish state formation and the integration of the Law and State with its problems and contradictions. The object of this study is to research the mentioned process in theory and in reality, because they are different. In theory, the process of the State formation comes to its end in the epoch of the Catholic Monarchs, Ferdinand and Isabella governing. Later, in the epoch of Charles V, Holy Roman Emperor, Spain was the Empire yet. However, in the epoch of Philip II the unity and integrity of the new sate are in danger, because the case of Antonio Peres demonstrates that customary law as fueros, privileges and time-honoured traditions are able to survive the political and legal processes.

Shades of Mississippi

2020 ◽  
pp. 50-84
Author(s):  
Garrett Felber
Keyword(s):  
Civil Rights ◽  
White Supremacy ◽  
Direct Action ◽  
The State ◽  
Solitary Confinement ◽  
Good Time ◽  
Nation Of Islam ◽  
Religious Literature ◽  
Public Attention ◽  
The Law

During the 1950s and 1960s, the Nation of Islam deployed a series of tactics to fight for rights for incarcerated people. They used litigation, as well as They used direct action tactics such as sit-ins, hunger strikes, and occupations of solitary confinement, which anticipated the “Jail, No Bail” efforts of southern civil rights activists. These actions sought not only to neutralize the power of the cell but also to draw public attention to these groups struggles by eliciting violent reprisals from the state. These two simultaneous streams of activism—appeals to the Constitution and direct-action protest—operated as effective parallel strategies to win protections for prisoners under the law while challenging white supremacy and incarceration more broadly. The state responded with tactics such as prison transfers, confiscation of religious literature, solitary confinement, and loss of good time credit.

PERLINDUNGAN HUKUM TERHADAP PROFESI KEPOLISIAN DALAM MENJALANKAN TUGAS POKOK DAN FUNGSI PENYELESAIAN TINDAK PIDANA DI KEPOLISIAN DAERAH (POLDA) PROPINSI KEPULAUAN BANGKA BELITUNG

2018 ◽  
Vol 10 (1) ◽  
Author(s):  
Shinta Jayanti Apriana
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Human Dignity ◽  
Legal Protection ◽  
The State ◽  
Police Force ◽  
Legal Rights ◽  
The Law ◽  
Legal Subjects

Legal protection is very effort to shelther the human dignity and recognize of human rights in the legal field. A country has the responsibility to socialize new regulations to its society so that they will be aware of the law and also of their rights protected by the state. If society’s legal awareness is growing well, then legal protection in this country will run properly. The development of law enforcement is the beginning of the Police Force. It offers a very interesting history in the development of humanity. Despite the progress that goes slowly, the efforrt is gradually continued in line with the development of human civilization. Thus the ask of the Police is to perforn law enforcement, and the authority of its duty is restricted under the law. In reality, the Police offers in Indonesia are not Legal subjects who never made mistake; hence the author deems that the legal rights and obligations of these officers should be similar as the community at large.

scholarly journals Institutionalization of Public Administration in the Field of Budget Security: Subjective Renewal

2021 ◽  
Vol 2 (48) ◽  
pp. 56-62
Author(s):  
S. V. Svirko ◽  
◽  
T. O. Tarasova ◽  
Keyword(s):  
Public Administration ◽  
Direct Action ◽  
Security Management ◽  
Economic Security ◽  
The State ◽  
Public Budget ◽  
Regulatory Institutions ◽  
The Law ◽  
Financial Monitoring ◽  
Indirect Action

The article aims at forming a general vision of the institutionalization of public administration in the field of budget security and summing up the latest trends in the sphere. Systematic, integral, complex and logical approaches are used in the research. It is suggested to understand the institutionalization of public budget security management as the process of identifying relevant institutions, formalizing and systematizing fundamental provisions (object, purpose, principles, functions, tasks, forms, and norms), their connections and communications within public budget security management in particular and in general, as a whole or in the context of a particular focal request. Regulatory institutions of direct and indirect action as for budget security are identified in accordance with the legislation of Ukraine, namely: the Ministry of Finance and the Verkhovna Rada of Ukraine are institutions of direct action; the Ministry of Economy, the Accounting Chamber, the State Audit Service of Ukraine, the State Customs Service of Ukraine, the State Treasury Service of Ukraine, and the State Financial Monitoring Service are institutions of indirect action. A general institutional activity model for the Bureau of Economic Security of Ukraine is designed on the basis of the elaboration of legislative documents. The analysis made of its provisions provides grounds for formulating a proposal to clarify the Law of Ukraine "On the Bureau of Economic Security in Ukraine" by introducing a new section III "Lines of Activity of the Bureau of Economic Security of Ukraine" with a specific structure; provisions of budget security are presented in three draft articles of the law, enumerating the objects of regard for the Bureau of Economic Security and the grounds for starting activity and communication. Prospects for further research are seen in continuing to detail the institutional provisions for all the declared regulatory institutions, while identifying vulnerabilities for each of them with regard to the object of the research, i.e., public budget security management, and in suggesting recommendations for their solution.

ИЗМЕНЕНИЕ ПАРАДИГМЫ МЕТОДОЛОГИИ ЮРИСПРУДЕНЦИИ

2019 ◽  
Vol 13 ◽  
pp. 32-40
Author(s):  
Ю. М. Оборотов
Keyword(s):  
Legal Theory ◽  
Research Strategy ◽  
The State ◽  
New Paradigm ◽  
Methodological Question ◽  
Modern Development ◽  
Decisive Importance ◽  
The Subject ◽  
Methodological Approaches ◽  
The Law

В современной методологии юриспруденции происходит переход от изучения состо­яний ее объекта, которыми выступают право и государство, к постижению этого объек­та в его изменениях и превращениях. Две подсистемы методологии юриспруденции, подсистема обращенная к состоянию права и государства; и подсистема обращенная к изменениям права и государства, — получают свое отображение в концептуальной форме, методологических подходах, методах, специфических понятиях. Показательны перемены в содержании методологии юриспруденции, где определяю­щее значение имеют методологические подходы, определяющие стратегию исследова­тельских поисков во взаимосвязи юриспруденции с правом и государством. Среди наи­более характерных подходов антропологический, аксиологический, цивилизационный, синергетический и герменевтический — определяют плюралистичность современной методологии и свидетельствуют о становлении новой парадигмы методологии юриспру­денции.   In modern methodology of jurisprudence there is a transition from the study the states of its object to its comprehension in changes and transformations. Hence the two subsystems of methodology of jurisprudence: subsystem facing the states of the law and the state as well as their components and aspects; and subsystem facing the changes of the law and the state in general and their constituents. These subsystems of methodology of jurisprudence receive its reflection in conceptual form, methodological approaches, methods, specific concepts. Methodology of jurisprudence should not be restricted to the methodology of legal theory. In this regard, it is an important methodological question about subject of jurisprudence. It is proposed to consider the subject of jurisprudence as complex, covering both the law and the state in their specificity, interaction and integrity. Indicative changes in the content methodology of jurisprudence are the usage of decisive importance methodological approaches that govern research strategy searches in conjunction with the law and the state. Among the most characteristic of modern development approaches: anthropological, axiological, civilization, synergistic and hermeneutic. Modern methodology of jurisprudence is pluralistic in nature alleging various approaches to the law and the state. Marked approaches allow the formation of a new paradigm methodology of jurisprudence.

Kropotkin

2016 ◽  
Author(s):  
Ruth Kinna
Keyword(s):  
Political Theory ◽  
Human Nature ◽  
Political Change ◽  
Direct Action ◽  
The State ◽  
Social Analysis ◽  
Mutual Aid ◽  
Special Character ◽  
Revolutionary Politics

This book is designed to remove Peter Kropotkin from the framework of classical anarchism. By focusing attention on his theory of mutual aid, it argues that the classical framing distorts Kropotkin's political theory by associating it with a narrowly positivistic conception of science, a naively optimistic idea of human nature and a millenarian idea of revolution. Kropotkin's abiding concern with Russian revolutionary politics is the lens for this analysis. The argument is that his engagement with nihilism shaped his conception of science and that his expeditions in Siberia underpinned an approach to social analysis that was rooted in geography. Looking at Kropotkin's relationship with Elisée Reclus and Erico Malatesta and examining his critical appreciation of P-J. Proudhon, Michael Bakunin and Max Stirner, the study shows how he understood anarchist traditions and reveals the special character of his anarchist communism. His idea of the state as a colonising process and his contention that exploitation and oppression operate in global contexts is a key feature of this. Kropotkin's views about the role of theory in revolutionary practice show how he developed this critique of the state and capitalism to advance an idea of political change that combined the building of non-state alternatives through direct action and wilful disobedience. Against critics who argue that Kropotkin betrayed these principles in 1914, the book suggests that this controversial decision was consistent with his anarchism and that it reflected his judgment about the prospects of anarchistic revolution in Russia.

Urgensi Assesment Report Dalam Omnibus Law RUU Cipta Kerja

ADALAH ◽  
2020 ◽  
Vol 4 (3) ◽  
Author(s):  
Indra Rahmatullah
Keyword(s):  
Academic Research ◽  
Legal Protection ◽  
The State ◽  
The Law ◽  
Scientific Arguments

Abstract:A draft law must be able to answer and solve the main problem of the society so that with the existence of the law the community gets legal protection from the state. However, the draft of Cipta Kerja Law makes an endless controversy. In fact, the draft was allegedly containing some problems since its appearance. Therefore, academic research (Assesment Report) is needed so that the rules in the draft have basic scientific arguments that can be justified. Unfortunately, the draft does not conduct an assesment report to know whether the society need the law and urgent.Keywords: Legal Protection, Controversy and Assesment Report Abstrak:Sebuah rancangan undang-undang harus dapat menjawab dan menyentuh pokok permasalahan masyarakat sehingga dengan adanya undang-undang tersebut masyarakat mendapatkan sebuah perlindungan hukum dari negara. Namun, dalam RUU Cipta Kerja ini justru berakibat pada kontroversi yang tiada hentinya. Bahkan, disinyalir RUU ini mengandung kecacatan sejak awal pembentukannya. Oleh karena itu, dibutuhkan penelitian akademis sehingga aturan-aturan yang ada dalam RUU ini mempunyai basis argumentasi ilmiah yang dapat dipertanggungjawabkan yang salah satunya adalah dengan membuat Laporan Kelayakan. Sayangnya RUU ini belum melakukan laporan kelayakan apakah RUU ini dibutuhkan dan penting di masyarakat.Katakunci: Perlindungan Hukum, Kontroversi dan Laporan Kelayakan

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.

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