scholarly journals Zbiorowe diagnozowanie polskiej rzeczywistości. O wywiadach Michała Sutowskiego

2017 ◽  
Vol 61 (4) ◽  
pp. 215-221
Author(s):  
Irena Pańków
Keyword(s):  
The State ◽  
Social Conditions ◽  
Decision Makers ◽  
Scholarly Research ◽  
Valuable Source ◽  
Public Debates ◽  
The Law ◽  
Law And Justice ◽  
State Of Affairs

This essay is a review based on material from nineteen published interviews that focused on a diagnosis of Polish conditions after a year of the Law and Justice [Prawo i Sprawiedliwość] party’s rule. The interviews were conducted with experts—academics and journalists—by Michał Sutowski, who published these interviews as a collection.  The author demonstrates that such a collective diagnosis has major advantages in Poland’s current, rapidly changing, social conditions. Such a method is quicker than the scholarly approach to describing and explaining the state of affairs. The collection of interviews could also be a valuable source of inspiration for public debates and scholarly research in many areas, and could contain guidelines for decision-makers.

Dekonstruktion als Gerechtigkeit

2019 ◽  
Author(s):  
Hans-Martin Schönherr-Mann
Keyword(s):  
The State ◽  
Conceptual Approach ◽  
Strong State ◽  
The World ◽  
The Law ◽  
Law And Justice ◽  
State Of Affairs ◽  
The Individual

The state and the law are based on inescapable power, which means that justice can only be regarded as being independent of the law and thus of the principles of generality and equality. Justice aims to satisfy both ‘the event’ and ‘the individual’, which can only be achieved by examining the problems connected to it without bias. Therefore, every conceptual approach related to this state of affairs has to be analysed down to its last inconsistency. That is the point of deconstruction, which has always been concerned with doing justice to the event in question. Democracy cannot be completed, only further developed, which contradicts the idea of a strong state. Democracy demands responsible citizens, that is, those who are willing and able to deconstruct, who have perennially come to the fore whenever people have distrusted the diverse interpretations of the world that have been proposed. Derrida’s understanding of the state assumes there is an unbridgeable gap between the law and justice that exposes democracy as being notoriously insufficient, which both the state and its citizens therefore have to uphold in order to strive for their emancipation as individuals.

Opposition weakness will help Polish ruling coalition

2021 ◽  
Keyword(s):  
The State ◽  
Independent State ◽  
Content Type ◽  
State Institutions ◽  
Party Control ◽  
State Of The Economy ◽  
The Media ◽  
The Law ◽  
Law And Justice

Significance At the beginning of 2021, the ZP coalition of the Law and Justice (PiS), Accord and United Poland (SP) parties is stable, but not as strong as it has been in previous years. This weakening in the PiS-led government’s condition is due to many factors, among which the coronavirus pandemic is one of the most important. Impacts The process will continue of subordinating any independent state institutions still left to party control. PiS will take further, similar steps regarding the media, academia and NGOs. After months of pandemic lockdown, the state of the economy is stable if not ideal, and will not lead to early elections.

PUBLIC INTEREST AS A DETERMINANT OF TERRITORIAL AUTONOMY

2020 ◽  
Vol 3 (XX) ◽  
pp. 223-233
Author(s):  
Przemysław Niemczuk
Keyword(s):  
Public Interest ◽  
National Interest ◽  
The State ◽  
Social Conditions ◽  
The Public ◽  
Relative Term ◽  
The Law ◽  
Distribution Of Power ◽  
The Relationship

The article aims to explore the concept of territorial autonomy. The research assumption is that public interest is one of the fundamental determinants of territorial autonomy. Territorial autonomy has not been defined by law. It is a general and relative term, and thus difficult to define (if such an enterprise is possible at all). However, one thing is certain - the idea behind this term determines the law regulating the organizational and territorial form of the state, i.e. the distribution of power between the centre and the territory. Further attempts to specify territorial autonomy are met with serious difficulties. Therefore, it is crucial to look at it through the prism of public interest. The term public interest has a relative meaning, because it depends on the constantly changing social conditions. This variability is, among others, a result of the territorial context. The national interest and the territorial interest will be defined in different ways. It seems, therefore, that in order to explicate the notion territorial autonomy, one should refer to the concept of public interest and then take into account the relationship between the interest of a territory and the interest of the whole state. This will make it possible to outline territorial autonomy through the prism of its determinant – the public interest.

The State of the Law on Euthanasia in Kenya

2020 ◽  
Vol 8 (1) ◽  
pp. 1-14
Author(s):  
Moni Wekesa ◽  
Martin Awori
Keyword(s):  
Empirical Studies ◽  
Case Law ◽  
The State ◽  
Right To Die ◽  
Criminal Offence ◽  
Dual Effect ◽  
Current State ◽  
The Law ◽  
State Of Affairs ◽  
The Right

The general position of the law on euthanasia worldwide is that all states recognise their duty to preserve life. Courts in various jurisdictions have refused to interpret the 'right to life' or the 'right to dignity' to also include the 'right to die'. Instead, they have held that the state has a duty to protect life. Three categories can however be noted. At one extreme are those countries that have totally criminalised any appearance of euthanasia. In the middle are countries that prohibit what appears to be active euthanasia while at the same time tolerating 'dual-effect' treatment and withdrawal of artificial feeding. At the other extreme are countries that allow euthanasia. Even in this last category of countries, there are stringent guidelines embedded in the law to prevent a situation of 'free for all'. Anecdotal evidence, some empirical studies and case law seem to suggest that euthanasia goes on in many countries irrespective of the law. Euthanasia is a criminal offence in Kenya. However, there have been no empirical studies to ascertain whether euthanasia goes on in spite of the law. This article surveys the current state of the practice of euthanasia globally and narrows down to elaborate on the state of affairs in Kenya.

scholarly journals THE REPORT OF NIZHYN VOIVODES IN THE «ACTS OF SOUTH WESTERN RUSSIA»

2017 ◽  
pp. 163-170
Author(s):  
Lyudmyla Lesyk
Keyword(s):  
Local Population ◽  
Financial Statements ◽  
The State ◽  
Valuable Source ◽  
History Of ◽  
Internal Policy ◽  
The Government ◽  
Russian Military ◽  
State Of Affairs ◽  
The City

The author analyzes the economic documentation sent by the Nizhyn governors to the Malorossiyskyi Prykaz in the 1650s and 1670s. The excerpts published in the Acts relating to the History of Southern and Western Russia. This source the author used to show the nature of the interaction between the Nizhyn Voivodship and the government, to identify the main issues voivode had to report on and the tasks he had to solve, as well as to consider the situation of the Russian military contingent in Nizhyn.The author notes that the royal pledges led by the voivods appeared in Chernihiv, Nizhyn, Pereyaslav and other Ukrainian cities in the late 1650s. The names of the Nizhyn voivods, who served in the 1650-1670s, were identified, and the author described their activities. She found out that the voivode had to build a fortress in the city to defend against enemies, manage the affairs of their garrisons, send to Moscow financial statements of expenditures, to issue a sovereign's pay to the archers, to fight against their escape, which was very common, and in addition to monitor on the activities of the local Cossack administration and internal policy in the territories subordinate to them, submit to the king petitioners and petitions, provide information on events in the Ukrainian lands and in the neighboring territories, involve the local population in the work . Under the rule of Ivan Bryukhovetsky, voivode had to collect taxes from inhabitants of the Hetmanate (except for Cossacks and clergy). The author concludes that it was through regular reports that the voivode in Moscow knew about the state of affairs in the Hetmanate region and, following the information received, adjusted their policy towards the Ukrainian lands. Therefore, the voivodship runoff can be considered a valuable source from the history of the hetman's Ukraine itself.

scholarly journals “It Is a Nomos Very Different from the Law”: on Anarchy and the Law

2021 ◽  
Vol 96 ◽  
pp. 125-139
Author(s):  
Christos Marneros
Keyword(s):  
Gilles Deleuze ◽  
The State ◽  
Philosophical Thought ◽  
Complex Mechanisms ◽  
The Law ◽  
State Of Affairs ◽  
The Relationship

The relationship between anarchy and the law is, to say the least, an uncomfortable one. The so-called ‘classical’ anarchist position – in all its heterogeneous tendencies – is, usually, characterised by a total opposition against the law. However and despite its invaluable contribution and the ever-pertinent critique of the state of affairs, this ‘classical’ anarchist position needs to be re-examined and rearticulated if it is to pose an effective nuisance to the current (and much complex) mechanisms of domination and the oppression of dogmatism and dominance of the law. Taking into account the aforementioned challenges, in this article, I examine and develop two notions of the philosophical thought of Gilles Deleuze, namely that of the institution and that of the nomos of the nomads. In doing so, I aim to think anew the relationship between anarchy and the law and, ultimately, to point towards an ethico-political account, of what I shall call an an-archic nomos which escapes (or, at least, tries to) the dogmatism and “archist” mentality of the law.

scholarly journals Access to Justice and Fair for the Poor: How Effective the Legal Aid Provided by Government?

2021 ◽  
Vol 3 (2) ◽  
pp. 173-184
Author(s):  
Dani Setiawan
Keyword(s):  
The State ◽  
Access To Justice ◽  
Legal Assistance ◽  
Legal Aid ◽  
The Poor ◽  
The Law ◽  
Law And Justice ◽  
The Government

Providing legal assistance to the poor continues by the government to realize legal access and justice for all levels of society. Several regulations regarding legal aid have been issued by the state through the law and implementing regulations, but the fact is that the provision of legal aid is not yet effective. This causes a lack of access to law and justice for the poor. The effectiveness of providing legal aid by the government needs to be assessed to see how effective the legal aid program provided by the government is to realize legal access and justice for the poor. Therefore, criticism and advice should be given to the government in order to optimize legal assistance in order to achieve legal access and justice for all levels of society.

Russian Society and the Three Decades of National Parliamentarism

2018 ◽  
Vol 42 ◽  
pp. 38-49
Author(s):  
Alexey V. Makarkin
Keyword(s):  
Public Opinion ◽  
Family Health ◽  
The State ◽  
The Political ◽  
Russian Society ◽  
Social Phenomenon ◽  
Russian People ◽  
The Law ◽  
State Of Affairs ◽  
Vladimir Putin

The Russian Parliament is often considered to be an unpopular authority, though on closer examination it becomes evident that the situation is more complicated than it could seem at first glance. The popularity of State Duma during the presidency of Vladimir Putin is really inferior to the popularity of the President, still the attitude to the State Duma as the instrument of power depends greatly on the actual political state of affairs and the state of public opinion, and has changed in different times. At the same time the reaction of the society to the lawmaking process may be of more fundamental character. The conservative style of behavior of the Russian people in recent years has substantially changed their attitude to the law, and can be viewed as an important new factor of public opinion. We could speak about such social phenomenon as “new conservatism” that is more related to the style of life than to the political choice, when this style is targeted to the “normality” demonstrated in the concern for the personal and family health and welfare, and respect for the law, even if the law is not perfect, as the necessary tool for the defense of the citizen’s interests. Such conservatism favors the growth of the “Yedinaya Rossia” (“United Russia”) party rating, but doesn’t exclude the possibility of those conservatives voting for non-conservative parties, depending on the sympathies and current political challenges.

scholarly journals KEMANDIRIAN HAKIM DALAM PERSPEKTIF NEGARAWAN

Solusi ◽  
2019 ◽  
Vol 17 (3) ◽  
pp. 269-284
Author(s):  
Barhamudin Barhamudin
Keyword(s):  
The State ◽  
Data Sources ◽  
Legal Research ◽  
The People ◽  
The Law ◽  
Law And Justice

The purpose of this study was to determine the independence of judges in accordance with Law Number 48 of 2009 in Statesperson's Perspectives. The research is a normative legal research that uses the law approach and the concept approach and data sources in this study are Primary Legal Materials; Secondary Legal Material and Tertiary Legal Material, the study found that all Judges must have the quality of statesmanship not just Constitutional judges, even those judges must behave and behave as statesmen, because judges are required to be impartial or independent in their duties to uphold truth based on law and justice. Judges must have the knowledge and expertise in administering the state, sufficient field of experience, and commitment to carry out and oversee the life of the state in accordance with the constitutional corridor. The judges are essentially statesmen, if seen from their duties and functions to uphold law and justice, not for the interests of others other than for the interests of the state, are not the elements of the state reflected in the interests of the people. Judges have the freedom to carry out their duties judicially and only answer to God.

scholarly journals The Role of Judges in Dealing with Community Development

2020 ◽  
Vol 2 (2) ◽  
pp. 195
Author(s):  
Maulana Hasanudin
Keyword(s):  
Law Enforcement ◽  
Community Development ◽  
Legal System ◽  
Law Enforcement Officers ◽  
The State ◽  
Judicial Power ◽  
The Law ◽  
Law And Justice ◽  
Important Structure

<p>The purpose of this paper is to determine the role of the judge in facing the development of society. Judges are part of the important structure of the judicial power branch in Indonesia. Judicial power is an independent power to administer justice in order to uphold law and justice. Judges are given the power to judge. Judges have an important role as law enforcement officers in the law enforcement process in Indonesia, so they must pay attention to legal objectives. The role of the judge has consequences for the responsibility of the judge which is very heavy, where the judge has responsibility to one God, to the nation and state, to himself, to the law, to the parties and to society. Judges and society are elements that cannot be separated in a legal system. The judge is a product of the society and culture where he comes from and is. The function of the judiciary is to decide disputes between individuals and individuals, individuals and communities, even individuals or society and the state; forming or making a policy or policy.</p><p align="center">[]</p><p><em>Tujuan penulisan ini adalah mengetahui peranan peranan hakim dalam menghadapi perkembangan masyarakat. Hakim merupakan bagian dari struktur penting cabang kekuasaan kehakiman di Indonesia. Kekuasaan Kehakiman merupakan kekuasaan yang merdeka untuk menyelenggarakan peradilan guna menegakkan hukum dan keadilan. Hakim diberi wewenang untuk mengadili. Hakim memiliki peranan penting sebagai aparat penegak hukum dalam proses penegakan hukum di Indonesia, sehingga harus memperhatikan tujuan hukum. Peranan hakim memiliki konsekuensi terhadap pertanggungjawaban hakim yang sangat berat, dimana hakim memiliki tanggung jawab terhadap tuhan yang maha esa, terhadap bangsa dan negara, terhadap diri sendiri, terhadap hukum, terhadap para pihak dan terhadap mayarakat. Hakim dan masyarakat merupakan unsur yang tidak bisa dilepaskan dalam suatu sistem hukum. Hakim sebagai produk masyarakat dan budaya tempat dia berasal dan berada. Fungsi kehakiman adalah memutus sengketa antara individu dengan individu, individu dengan masyarakat, bahkan individu atau masyarakat dengan negara; membentuk atau membuat policy atau kebijakan.</em></p>

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