scholarly journals Toward a Post-Apocalyptic Rule of Law

Laws ◽  
2021 ◽  
Vol 10 (3) ◽  
pp. 65
Author(s):  
Jeffrey Benjamin Meyers

This paper considers how science fiction, and the subgenres of speculative historicism and futurism in particular, might open legal discourse to hitherto unseen and potentially instructive perspectives. It begins with the proposition that recent historical events of global significance such as the election of Donald Trump in 2016, the outbreak of the Covid19 pandemic of 2020, and the extreme weather events of 2021, were widely predicted and foreseen in the media by way of political reporting as much as popular social and natural science reporting in the years and decades prior. The same tropes were also present in the plotlines of popular literature, television, and film during that period. The central argument of the paper is that before media pundits and policy-makers expressed their surprise at the fragility of the Rule of Law in the “unprecedented” ascent of Trump, the lethal capacity and transmissibility of a “novel” coronavirus, and the “sudden” arrival of climate change in the daily lives of North Americans and Europeans, the spectre of these menaces had already penetrated our collective conscious in a way that ought to have changed outcomes. Neil Postman’s conceptualization of the present epoch as “Technopoly” is a means of explaining how, despite ample warnings, we were not ready for much. Technopoly refers to the historical present as the historical moment in which the technocratic capacity of individuals, states, and markets to respond to existential problems is hindered by information overload, e.g., the threat to the Rule of Law presented by an outgoing American President who refuses to accept the verdict of the electorate; the threat to public health posed by persistent vaccine misinformation and inequitable global vaccine distribution; and, the threat posed to our collective habitat by extreme climate events. The paper concludes that fiction is a powerful potential antidote to the numbing effects of information overload in Technopoly if it is treated seriously as a source of normative authority rather than dismissed as pure diversion.

2021 ◽  
Author(s):  
Ružica Kijevčanin ◽  

The aspiration of every modern state is to establish the rule of law, which incorporates the basic principles on which a free, open and prosperous society should lie. Some of these principles are civil democracy and secret and direct elections. The legal conduct of elections is the basic way to achieve peace and satisfaction among the population, because it puts the exercise of power and the regulation of issues of essential importance under their control. With the development of technology, trends, but also everyday life are changing, so, in addition to elections, the media are synonymous with freedom and citizenship rights. The media are a means of information that introduces citizens to information of various contents, and above all fundamental. Depending on the norm, level of development, protection mechanisms, the media conscientiously perform their function, or do not do it completely. What are the consequences when reporting on a specific phenomenon that is the basis of a healthy society in the first or second case is a central question that we will analyze in this paper. The importance of elections has been continuously confirmed throughout history, while the necessity of the media has been expanding for decades, in the intensity that elevates them to the top and equates them with the election process.


1996 ◽  
pp. 29-36
Author(s):  
M. Palinchak

The experience of Transcarpathia shows that the heads of district and village councils are not well aware of the legal framework for the regulation of inter-confessional conflicts. Legislation in the media is interpreted differently. A paradoxical situation has arisen: by proclaiming a course on the construction of a lawful state, we are still continuing to build relationships between believers of different denominations and trends, believers and non-believers, state authorities and religious institutions, not on the principle of the rule of law - the cornerstone of the rule of law, but appealing to the mind of the crowd believers


2007 ◽  
Vol 191 ◽  
pp. 671-674 ◽  
Author(s):  
He Weifang

Among Chinese political scientists and legal scholars, indeed within the Chinese academic world as a whole, research into the police is to a great degree marginalized. As the media have become more active, and in particular as internet media have arisen, it has become easier for some incidents of police infringements of human rights to attract nationwide attention. But there has been very little discussion of the relationship between these incidents and the police management system, or the division of police management power between the central and local governments and its ultimate influence on the construction of society in China under the rule of law.


2019 ◽  
pp. 13-18
Author(s):  
V. V. Levkulych

The reasoned discourse on cause-effect relationships, functional mission and duty of the law is possible only through the clarification of the ontological foundations of law. Because these foundations of law determine the consideration and evaluation of each status quo under a certain criterion, determine the degree of effectiveness of different instruments and the feasibility of their functional correction. A conceptual version focused on the socio-cultural foundations of law cannot be original, since it is a rather obvious conclusion. Focusing on socio-cultural preconditions of the emergence of law is further problematized by the fact that virtually every phenomenon that functions in a social environment is one way or another socio-culturally predetermined. However, focusing on the socio-cultural foundations of law is quite appropriate, since legal processality not only has formal features of correlative compatibility with the socio-cultural environment – it is a logical consequence of concrete historical conditions in the socio-cultural environment, therefore, the correspondence of the content and priorities of socio-cultural reality is extremely important for the effective functioning of the law. It is determined that the view of law as an embodiment of justice introduces an element of fundamental distinction between laws that may not always correspond to the canons of justice. In view of this peculiarity, the approximation to the ideals of the rule of law is determined not by the number of laws passed, but by their compliance with the requirements of justice. In addition, it should be understood that the existence of laws and other forms of law is not a tangible testimony to the existence of law as such (meaningful substance of law), because laws can be both legal and non-legal – a form of legalized arbitrariness. Unlike unlawful law, a legal piece of legislation in its key aspects always meets the requirements of fairness in a particular society. It is concluded that the law can also be (and often is) the result of political conjuncture, lobbying, corruption, the overriding of group interests and other phenomena and processes that are either de facto or substantially contrary to the majority’s view of justice, or generally categorically incompatible with such an idea. Therefore, the sacralization of the law, stereotyped at the level of the media and the general public sphere, is obviously too populist, and therefore legally and purely formal and logical, inappropriate, because it inadmissibly ignores many essential “buts” that induce the law by discursiveness, by discursiveness which relies on repressive coercion.


Author(s):  
Paul D. Kenny

This chapter shows how the fragmentation of political authority precipitated a crisis of legitimacy of the old order. Using a mix of qualitative and quantitative data, it first shows how Indira Gandhi attempted to restore central control through intervention in India’s states. Failing to reestablish control over India’s fragmented patronage network, she then made a populist turn, mobilizing the masses across India through the media and mass rallies in her conflict with her opponents. This chapter argues that this strategy was a consequence of the breakdown of the Congress system, rather than its cause. Mrs Gandhi’s attempt to recentralize power met with substantial resistance in the states. Her government eroded the rule of law and the undermined the formal institutions of intermediation between state and society. The authoritarian emergency that followed from 1975 to 1977 was not an aberration of this populist program, but its logical fulfillment.


2019 ◽  
Vol 4 (2) ◽  
pp. 226
Author(s):  
Islamiyati Islamiyati ◽  
Ahmad Rofiq ◽  
Ro’fah Setyowati ◽  
Dewi Padusi Daengmuri

Nowadays, there are still some shortages in the rule of law of the waqf disputes resolution, therefore a lot of waqf disputes have not be solved, and moreover it has no justice value since it does not protect the rights of disputing parties. Why the legal renewal of  waqf disputes resolution based on Pancasila is important? The urgency is as the media for the enforcement and the law enactment of  the waqf dispute resolution based on Pancasila. This research is field research, and the approach method is juridical empirical. The result of the research is to explain that the legal reform of waqf dispute resolution is important because the waqf disputes always develope based on the socio-cultural development of the society. Besides, it also saves the waqf assets, gives the values of justice and certainty,makes  the rule of the law not rigid and closed, can finish the waqf disputes, and makes waqf  meaningful in the society. The legal reform  of waqf disputes resolution which is based on Pancasila means making the policy that includes determining and deciding the rules of waqf dispute resolution, hence it will be suitable with the direction of national development based on Pancasila.


Laws ◽  
2020 ◽  
Vol 9 (4) ◽  
pp. 27
Author(s):  
Mark Hill QC

Even public health emergencies must be handled within the framework of the rule of law. The alternative is social chaos. Every nation on earth has been touched by the impact of COVID-19, a deadly pandemic that has changed—perhaps permanently—the manner in which we are governed and live our daily lives. This paper addresses the effect of the State’s response to the threat of Coronavirus upon the enjoyment of religious liberty, both directly and indirectly.


2018 ◽  
Author(s):  
Jurnal ARISTO

Natural potential and also local knowledge possessed by Batu, a great asset that can be implied to improve the welfare of the community, through the program "Shining Batu". This study aims to look at how the tourism development strategy undertaken by the City of Batu. This study used qualitative methods, with some data collection techniques, such as: interviews, documentation, Batu via Program "Shining Batu" want to change Batu become central areas of organic farming, based tourism International, therefore, the development program of the region, the perceived has a lot of benefits to the people of Batu. At the core strategies that do include several steps, namely: mapping the existing potential, then design and validate the rule of law as the foundation for the implementation of the program, which is the umbrella law, after which it then processes Sounding program through the activities - the activities and the media.


2017 ◽  
Vol 50 (3) ◽  
pp. 389-445
Author(s):  
Shaheed Fatima

The role of courts as lawmakers has been scrutinised, partly because of the questions it raises regarding legitimacy. This scrutiny has sometimes assumed that courts are safe from legitimacy-based criticism in their role as appliers of law. However, recent events in the United Kingdom show that, regrettably, this is not so: the media reaction to the judgments in the Brexit case of Miller went far beyond criticism of the courts’ reasoning or conclusions. It was an attack on legitimacy. Insofar as such attacks arise out of misunderstandings about the nature of adjudication (including, for example, the existence and scope of judicial discretion), one way of countering them is for the legal community (scholars, judges, practitioners) to continue to increase public awareness about these issues. However, it is incumbent upon other parts of the state – the executive and the legislature – to respond promptly to such attacks in order to uphold the independence of the judiciary and the rule of law.


2011 ◽  
Vol 44 (3) ◽  
pp. 499-513

I am an English judge speaking in Jerusalem at a lecture to honor the memory of an Englishman who was the first member of the English Jewish Community to be appointed to the House of Lords, now the Supreme Court of the United Kingdom. That was 60 years ago in 1951. So this is an important anniversary.This evening, I am seeking to highlight some of the issues that relate to the role of the media and the role of the judiciary in upholding the rule of law, and the interaction of their relationships in a democratic society that respects the rule of law. My experience is British, but my intention is to address questions that arise in any civilized democracy. The essential principles are unaffected by geography.My overwhelming belief is that the most emphatic feature of the relationship between the judiciary and the media is that the independence of the judiciary and the independence of the media are both fundamental to the continued exercise, and indeed the survival, of the liberties that we sometimes take for granted. I have said before, and I do not apologize for saying it again, these are critical independences, which are linked but separate. As far as I can discover, there never has been, and there is no community in the world in which an independent press flourishes while the judiciary is subservient to the executive or government, or where an independent judiciary is allowed to perform its true constitutional function while, at the same time, the press is fettered by the executive.


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