Theoretical and methodological determinants of the Robert von Mol’s concept of the social state

2020 ◽  
Vol 2020 (1) ◽  
pp. 37-45
Author(s):  
Svetlana Pirozhok
Keyword(s):  
19Th Century ◽  
Rule Of Law ◽  
Social Protection ◽  
The State ◽  
Scientific Article ◽  
Social State ◽  
The Rule Of Law ◽  
Legal Thought ◽  
The Social ◽  
The 19Th Century

The relevance of determining the theoretical and methodological determinants of the Robert von Moll’s concept of the social state is due to the need to determine the patterns of evolution of ideas about the state and law, as well as the need to assess the ability to use the potential of the Robert von Moll’s theoretical and legal heritage, his predecessors and contemporaries to identify the optimal model of the social state. Modern Russia attempts to build such state. The proclamation and consolidation of Russia as a social state governed by the rule of law at the constitutional level requires attention both to the experiments carried out in social and legal development, and to the practices of social reform, and also to those ideas that have not yet been embodied. The ideas of European scholars regarding the evolution of the state-legal organization of society in the early modern period, based on which Robert von Mohl (1799–1875) developed original concepts of a social state and a state governed by the rule of law are discussed in the article. An analysis of the state of European political and legal thought and identification of the factors that have a significant impact on the development of Robert von Mohl’s doctrine of a social state governed by the rule of law are the purposes of the scientific article. The methodological basis of the study was the dialectical-materialistic, general scientific (historical, systemic) and special (historical-legal, comparativelegal) methods of legal research. The method of reconstruction and interpretation of legal ideas had great importance. As a result of the study, it was concluded that in the first half of the 19th century in European political and legal thought various approaches was formed to consider the problems of social protection and how to resolve them. The development trend of European political science became the transition from ideas and principles formed in the conditions of police states and enlightened absolutism to the ideas of a state governed by the rule of law (constitutional) that protects the rights and freedoms of a citizen. At the same time, it was a question of the rights and freedoms of only a part of the population: the proletariat growing in number and significance was not always evaluated as an independent social stratum. The axiological principles of state justification have also changed. Rights and utility principle became dominant principles. In the first half of the 19th century the social issue as an independent scientific problem of the European political and legal thought was not posed and not systematically developed. Questions about the social essence of the state, the specifics of the implementation of the state social function, the features of public administration in the new stage of socio-economic development of society predetermined the emergence of the idea of a social state. This idea was comprehensively characterized in the Robert von Mohl’s works. He went down in the history of political and legal thought as founder of the concepts of social and governed by the rule of law state.

scholarly journals SOME FEATURES OF SOCIAL PROTECTION OF HUMAN RIGHTS ABROAD

2017 ◽  
Vol 2017 (4) ◽  
pp. 72-76
Author(s):  
Эллада Балаян ◽  
Ellada Balayan
Keyword(s):  
Social Protection ◽  
The State ◽  
Social Consequences ◽  
Scientific Article ◽  
Youth Policy ◽  
Social State ◽  
Foreign Countries ◽  
The Social ◽  
Protection Of Human Rights

<p>The current paper features the essence and legal bases of social protection in foreign countries, as well as a comparative analysis of social support models in the Russian Federationand foreign countries. The author investigates the role of the social state in the implementation of youth policy, identifies key problems in relations between the youth and the social state, the most important aspects of the interaction of these two institutions. The arguments presented in the scientific article allow the author to distinguish a number of urgent problems in the sphere of interactions between the youth and the state in the conditions of modern Russia, each of which may lead to a number of negative social consequences. The youth policy implemented by the state is unmethodical. The main focus has currently shifted from the federal level to the level of the constituent entities of the Russian Federation, with the supreme bodies of state power having only overall strategic planning and determining the main directions of the youth policy in the country.<strong></strong></p>

The Rule of Law

2018 ◽  
Author(s):  
N. W. Barber
Keyword(s):  
Social Context ◽  
Rule Of Law ◽  
The State ◽  
Successful Operation ◽  
The Rule Of Law ◽  
The Social ◽  
The Law

The rule of law requires that law make the differences it purports to make; linking the formal demands of law and the reality of the rules that structure power within a community. The chapter begins by outlining the rule of law. There are two aspects to the principle: first, the rule of law requires that laws be expressed in a way that enable people to obey the law; secondly, the rule of law requires that the social context is such that people are led to obey these rules. The second part of the chapter examines the connection between the rule of law and the state. First, it will be contended that states need to comply—to a degree—with the rule of law in order to exist. Secondly, in societies such as ours, non-state legal orders require the existence of the state, and state legal orders, for their successful operation.

scholarly journals The Essence and Features of Social Protection in the Ukrainian Retrospective

2021 ◽  
Vol 1 (6 (344)) ◽  
pp. 103-110
Author(s):  
Inna Syomkina ◽  
◽  
Natalia Shabaeva ◽  
Keyword(s):  
Social Policy ◽  
Low Income ◽  
Social Insurance ◽  
Social Protection ◽  
The State ◽  
Vulnerable Groups ◽  
Scientific Article ◽  
Social Programs ◽  
Historical Aspect ◽  
The Social

The scientific article reveals the formation of the Ukrainian system of social protection (historical aspect). The main stages of development of social policy in Ukraine, from the first origins to the key principles of modern social policy are described. The desire of the Ukrainian authorities to renounce the paternalistic role and alimony is emphasized. Priorities for activities in the social sphere have been identified: guaranteeing social rights, increasing the effectiveness of social programs, assistance to vulnerable groups (large and low-income families, servicemen, people with special needs, victims of violence, etc.). The general scheme of the social protection system in Ukraine is presented, which consists of two main parts: compulsory state social insurance, which is formed through the contributions of employers and working citizens to the relevant social insurance funds; system of social support (assistance, benefits, subsidies, social services), which is mainly formed by taxation and financed from the state budget. Further ways of scientific research are outlined (content and principles of realization of the state social programs on support of vulnerable segments of the population).

scholarly journals The role of confucianism in sociopolitics of the Nguyen dynasty in the first half of the 19th century

2021 ◽  
Author(s):  
鬼谷 子
Keyword(s):  
19Th Century ◽  
Social Role ◽  
Political Stability ◽  
The State ◽  
State Apparatus ◽  
The Social ◽  
History Of ◽  
The 19Th Century

The research focuses on how the Nguyen dynasty it became the first to have the largest territory in the history of Vietnam in its nearly 60 years of establishing and reigning over the unified country in the first half of the 19th century. It is seen that in terms of organizing the state apparatus, Gia Long and Minh Mang retained the system of agencies of the previous dynasties and continued reforms to ensure socio-political stability in their governance at that time. The study also clarifies the social role of Confucianism in the Nguyen dynasty, i.e. in the first half of the 19th century, which, in our opinion, is theoretically and practically significant, with the hope of further unraveling the role of Confucianism in that period.

scholarly journals Orzecznictwo sądów amerykańskich w sprawach niewolnictwa – pomiędzy formalizmem a subwersją

2018 ◽  
Vol 3 (2) ◽  
pp. 70-96
Author(s):  
Jerzy Zajadło
Keyword(s):  
19Th Century ◽  
Rule Of Law ◽  
Point Of View ◽  
Theoretical Point ◽  
The Rule Of Law ◽  
The 19Th Century

Article discusses a dilemma of judge facing a possibility (or necessity) of applying judicial disobedience. From the philosophical as well as theoretical point of view, the most intriguing would be an instance of judicial disobedience when applied to a state of democracy and the rule of law. In order to (re-)construct such an instance, the article traces the reader back to the middle of the 19th Century, when the moral conscience of (at least) some of American judges drove them to searching for the sound justification of judicial disobedience when faced with problem of slavery.

Mr. Mothercountry: The Rule of Law as Practice

2015 ◽  
Vol 13 (3) ◽  
pp. 320-334 ◽  
Author(s):  
Keally McBride
Keyword(s):  
19Th Century ◽  
Rule Of Law ◽  
International Politics ◽  
The Rule Of Law ◽  
Or Practice ◽  
British Colonial ◽  
The 19Th Century

The rule of law is understood as a clear benchmark or achievement in contemporary international politics. But the rule of law is better understood as an invariably messy, contingent, and incomplete process or practice. This article examines how one man, Sir James Stephen, oversaw the rule of law in British colonial territories in the first half of the 19th century. He offers clear lessons in why the rule of law can never be definitively achieved, and the importance of approaching law’s administration with humility.

scholarly journals The Philosophical Views Of Eastern Scientists On Social Justice

2021 ◽  
Vol 03 (02) ◽  
pp. 269-274
Author(s):  
Kudratillo Mukhitdinovich Yunisov ◽  
◽  
Mukhiddin Ortikovich Sattorov ◽  
Keyword(s):  
Social Justice ◽  
Detailed Analysis ◽  
Rule Of Law ◽  
Social Relations ◽  
The State ◽  
Scientific Article ◽  
The Rule Of Law

This scientific article provides a detailed analysis of the philosophical views of Eastern thinkers on social justice, the priority of the rule of law in the management of society, the emergence of such functions of the state as the management and regulation of social relations.

Habit as Switchpoint

2013 ◽  
Vol 19 (2-3) ◽  
pp. 275-281 ◽  
Author(s):  
Tom Crook
Keyword(s):  
19Th Century ◽  
The State ◽  
The Body ◽  
The Self ◽  
Role Of The State ◽  
The Social ◽  
The 19Th Century

Building on Mary Poovey’s reflections, this article outlines a two-fold genealogy of habit in the context of the philosophy and practice of liberalism. One aspect relates to the word ‘habit’, which by the 19th century had come to mean the repetitive actions of the body and mind, thus shedding its former association with dress and collective customs. The second relates to how ‘habit’ functioned as a means of mediating the tensions of liberalism, three in particular: between the self and the social; between an individual’s past, present and future actions; and between the role of the state and the role of self-government.

scholarly journals The Role of the State in Preservation of the Law in the Works of Police Scientists

2020 ◽  
Vol 17 (3) ◽  
pp. 5-16
Author(s):  
Nadezhda Biyushkina
Keyword(s):  
Rule Of Law ◽  
The State ◽  
Scientific Article ◽  
Law And Order ◽  
Protective Function ◽  
Scientific Methods ◽  
The Rule Of Law ◽  
Legal Method ◽  
Role Of The State

Introduction. The relevance of this scientific article is due to the fact that the problem of law enforcement is directly related to the protection of the rights and freedoms of the individual, the successful development of individual social groups and society as a whole. Purpose. The authors set a goal to analyze the views of such researchers as R. von Mol, N. Delamar, I.T. Tarasov, I.E. Andreevsky, V.F. Deryuzhinsky, N.N. Belyavsky, V.M. Hesse and others on a number of major problems: the tasks of the police in law enforcement, the correlation of concepts: “law and order” and “deanery”, measures of police control and supervision, issues of combating criminal and political crime. Methodology. In preparing the scientific article, a system of methods for studying legal reality was used (general scientific methods: synthesis, analysis, deduction, induction, system-structural method; private scientific methods: dogmatic method, historical and legal method, comparative legal method, chronological method, retrospective analysis method). Results. In the course of the research, it turned out that for police scientists, the idea of the decisive role of the state in protecting the rule of law is characteristic. Conclusion. In their writings, police scientists emphasize the idea that the role of the state in the protection of the rule of law lies in the multifaceted activities of the police authorities, performing the protective function of the state. The concept of law and order during the study period was inseparable from the term “deanery” and constituted its legal basis. The goal of the state in the representation of power and society XVIII – beg. XX centuries there was an idea of a common good, repeatedly proclaimed both in legislative acts and in the writings of police researchers.

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