The Need for the Existence of Ideology in the State and the Impossibility of the Right to Exist Without Ideology

2021 ◽  
pp. 45-52
Author(s):  
V. V. Borodin ◽  
F. P. Furman ◽  
T. G. Furman
Keyword(s):  
Social Relations ◽  
Deep Understanding ◽  
General System ◽  
The State ◽  
Social Value ◽  
Modern State ◽  
Human Society ◽  
Comprehensive Knowledge ◽  
The Right ◽  
Qualitative Characteristics

The article considers the problematic of the issue of the expediency of recognizing the ideological function in the general system of functions of the modern state, with the justification of its social and social necessity and legal role. The objectivity and importance of rethinking the state-centrist approach to understanding the ideological function and perception of the state-centric paradigm, based on the recognition of a person as the highest social value, was separately emphasized. The most complete, comprehensive knowledge of state and legal phenomena and processes at any historical stage of the existence of human society, of course, requires careful research and deep understanding of the main functions of the state. It is the functions of the state that make it possible to identify the essence of state influence on social relations, its qualitative characteristics, and also to determine the main directions and prospects for development. These processes are also facilitated by the transition from a state-centrist ideology to a person-centered one, according to which the state must “serve” the interests of citizens (that is, act for the “good of man”).

scholarly journals Concepts and essential features of environmental land use

2021 ◽  
Author(s):  
I. Hetmanchyk ◽  
◽  
O. Chumachenko ◽  
I. Kolhanova ◽  
◽  
...  
Keyword(s):  
Land Use ◽  
Economic Incentives ◽  
The State ◽  
Integrated System ◽  
Town Planning ◽  
Special Importance ◽  
Human Society ◽  
Land Relations ◽  
Social Environmental ◽  
The Right

Among the most important problems of socio-economic development of society, special importance belongs to the effective use of land and resources, on which depends the economic, social, environmental security of the state and living standards. Negative trends observed in the process of land use require new organizational and legal approaches to regulating land use and creating economic incentives for rational use and protection of land in Ukraine. In this article the concept and functioning of "land use" as a natural, legal and economic category is considered. The essence and formation of an integrated system of environmental land use, which includes: part of a single land fund (land, land and rights to them), provided by the state or acquired or leased by a separate owner or user, the boundaries of which are determined on the ground; land object of law, object of economic, ecological, town-planning, agricultural and other land relations, for which the land user is issued a document certifying the right to land with certain boundaries, area, composition of lands, property objects and, if necessary, with geodetic coordinates of boundary signs defined in nature and the process of human (society) use of the integrated potential of the natural territory are revealed. The concept and essence of "land-territorial resource" are studied.

scholarly journals Policy and law in the works of Ukrainian scientists of the late XIX – early XX centuries

2020 ◽  
pp. 469-476
Author(s):  
Kukuruz Oksana
Keyword(s):  
Social Relations ◽  
Social Transformation ◽  
Interdisciplinary Approach ◽  
The State ◽  
Scientific Policy ◽  
Social Phenomena ◽  
Understanding Of Science ◽  
Legal Concepts ◽  
The Right ◽  
Politics And Law

The need for a comprehensive study of such important social regulators as politics and law actualizes the works of thinkers who created their political and legal concepts in conditions similar to the present – in a period of social transformation. The purpose of this article is to highlight ideas of O. Stronin, M. Drahomanov, B. Kistiakivskyi, S. Dnistrianskyi and V. Starosolskyi regarding the concepts of “policy” and “law”, the relationship between these phenomena. According to the results of the analysis, the author believes that the following ideas of scientists are original and useful for modern state-building and law-making: 1) all phenomena in society are interconnected; ensuring the real needs of society depends on the existence of law, justice and truth in it (O. Stronin); 2) an important basis of democratic policy is knowledge of the peculiarities of their country; science should be directed to the study of phenomena in dynamics; theory should provide scientifically sound practical guidance (M. Drahomanov); 3) it is impossible to create a single concept of law, because there are several such concepts; to develop the scientific policy and policy of law required; an interdisciplinary approach should be applied to the study of social phenomena (B. Kistiakivskyi); 4) policy and law have the same foundations; law is a norm of public life, and politics is a method of managing and predicting social relations; lawyers (“the right of lawyers”) must play an important role in the lawmaking process (S. Dnistrianskyi); 5) in studies of state and law, a dualistic (sociological-legal) approach should be used; the legitimacy of the state depends on the interpretation (legal or political) of the act of self-establishment of the state, political law; scientists should not only produce theoretical guidelines, but also develop practical recommendations (V. Starosolskyi). The article also emphasizes the significant contribution of the above-mentioned scientists to the development of methodology for the research of policy and law, as well as the understanding of science as a necessary basis for policy and law.

scholarly journals modern state as mortal god.

2021 ◽  
Vol 6 (2) ◽  
pp. 201-233
Author(s):  
Theo De Wit
Keyword(s):  
Twentieth Century ◽  
The State ◽  
Modern State ◽  
Political Factor ◽  
Sovereign State ◽  
European State ◽  
Self Image ◽  
Collective Self ◽  
Rogue State ◽  
The Right

Prisoners are confined in the name of the state as the holder of the monopoly of coercion and violence. To delegitimize religion as a political factor, the modern European state has often been upgraded to a divine authority, endowed with sovereign, that is: unlimited power. For Hobbes, this state was an answer to the “state of nature”, a state of permanent threatening violence, where everyone has a “right to everything”. His sovereign state even has the right to punish and kill innocent citizens if he thinks it is necessary. However, as a citizen I do not have to obey when the sovereign wants my death. Both Hobbes and Hegel defend the state, inclusive its roguish behaviour. Is “rogue state” perhaps a tautology? Remarkable, also twentieth-century scholars like Schmitt and Kahn defend this state: in a dangerous world, we have to be prepared for the exceptional situation. Kafka points to the societal and psychological roots of our roguish behaviour – the gap between our self-caressing (collective) self-image and our treating of others, especially strangers and people in prison. It is very tempting and pleasant to get judgmental and to encourage the mortal god (the state) to judge people.

Agents beyond the State

2020 ◽  
Author(s):  
Mark Netzloff
Keyword(s):  
Early Modern ◽  
Social Relations ◽  
Early Modern Period ◽  
Theoretical Models ◽  
The State ◽  
Modern State ◽  
Professional Lives ◽  
Dutch Revolt ◽  
The Social

The early modern period is often seen as a pivotal stage in the emergence of a recognizably modern form of the state. In Agents Beyond the State, Mark Netzloff returns to this context in order to examine the literary and social practices through which the early modern state was constituted. The state was defined not through the elaboration of theoretical models of sovereignty but rather as an effect of the literary and professional lives of its extraterritorial representatives. Netzloff focuses on the textual networks and literary production of three groups of extraterritorial agents: travelers and intelligence agents, mercenaries, and diplomats. These figures reveal the extent to which the administration of the English state as well as definitions of national culture were shaped by England’s military, commercial, and diplomatic relations in Europe and other regions across the globe. Agents Beyond the State emphasizes these transnational contexts of early modern state formation, from the Dutch Revolt and relations with Venice to the role of Catholic exiles and nonstate agents in diplomacy and international law. These global histories of travel, service, and labor additionally transformed definitions of domestic culture, from the social relations of classes and regions to the private sphere of households and families. Literary writing and state service were interconnected in the careers of Fynes Moryson, George Gascoigne, and Sir Henry Wotton, among others. As they entered the realm of print and addressed a reading public, they introduced the practices of governance to an emerging public sphere.

Introduction

2017 ◽  
Author(s):  
Andrew Urban
Keyword(s):  
Middle Class ◽  
Social Relations ◽  
The State ◽  
Social Value ◽  
Domestic Labor ◽  
Migrant Labor ◽  
Free Labor ◽  
The Social ◽  
Key Concepts

This chapter provides an overview of the book’s focus, and devotes particular attention to the key concepts that it grapples with: labor brokerage, contracts and their relationship to defining free labor, the economic and social value of domesticity, and the involvement of the state in determining how supplies of domestic labor get constituted and regulated. As the introduction to the book, this chapter emphasizes how this study approaches domestic labor in a unique way, by connecting how the social relations undergirding the production of middle-class domesticity are brokered and consciously governed through various attempts to move migrant labor as a commodity.

scholarly journals Civilization and society as categories of social philosophy

2021 ◽  
Vol 3 (1) ◽  
pp. 57-80
Author(s):  
Vladimir N. Shevchenko ◽  
Keyword(s):  
Social Relations ◽  
Modern Human ◽  
Social Philosophy ◽  
Human Society ◽  
System A ◽  
The Future ◽  
Philosophical Consideration ◽  
Scientific Project ◽  
Broad Interpretation ◽  
The Right

The topical issue of the relationship between civilization and society as basic concepts of social philosophy is discussed in the article. In modern literature, there are great disagree­ments and ambiguities here, due, first of all, to the broad interpretation of civilization by the majority of authors, the interpretation in many cases actually coinciding with the meaning of the concept of society. The article proposes a solution to the issue proceeding from a social-philosophical consideration of four different meanings of the word society: society in general, society as a specific historical type of society, a specific separate soci­ety (socior, in the terminology of Yu.I. Semenov) and humanity as an internally differen­tiated integrity, as a modern human society. One can assume that civilization acts as a characteristic of both the state and the process of development of society in each of its meanings, a characteristic in terms of the correspondence of a particular society to a soci­ological (stage-formation) project. By defining society as an integral social system, a so­ciological theory as a scientific one gives an answer to the question of what exists (what kind of community of people is in structure, functions, subjects and social relations), and with the help of the concept of civilization – how does this society really reproduce itself, how do regulatory mechanisms that determine the actions and deeds of people. Civiliza­tion deals with the present, with the activities of people who change this present, and so­ciety, in the philosophical sense, and not in the sociological one, is the desired future, those distant mountain peaks, that transcendental reality to which the acting person rushes. When it is said today that Russia is returning to itself, that it must make a civiliza­tional choice, it is important to emphasize in every possible way that the choice of a civi­lizational identity, by definition, is unthinkable without a project. A sociological project as a scientific project is directed to the future, outlines the contours of the future, and therefore only project thinking is able to give an opportunity to make the right civiliza­tional choice.

scholarly journals The Concept of Law and Justice

2020 ◽  
Vol 4 (3) ◽  
pp. 69-73
Author(s):  
Ilir QABRATI
Keyword(s):  
Social Relations ◽  
Interpersonal Relations ◽  
Human Society ◽  
Way Of Life ◽  
Common Path ◽  
Law And Justice ◽  
Abstract Term ◽  
The Individual ◽  
The Right ◽  
The Way

From the views and changes that have followed the dynamism of our society, undoubtedly, law and justice have played a crucial role as a very abstract term that has been consumed almost from the first beginnings of human society to our modern days. Beyond the events and circumstances that societies in the past have had and organized by defining and choosing the way of life, and often times the right has been personalized by a certain group of people, or by a military division that has given rights and has created justice, in certain interests and for personal and charismatic purposes it has been denied a certain part of society, and has often been deformed in scandalous ways by reflecting, on the fact that the giver of this right has often been pointed out to be the man, but this convulsion in no case has lasted long, and often this theory has remained unrealized, reflecting that right is something natural and that the individual gains at the moment of birth and enjoys it to death, this divergence and complexity of the way of perceiving the law has often resulted in wars and the acquisition of this vital right.  Through this paper we will draw philosophical and legal paradigms, analyzing from a retrospective way of the application of law and the applicability of justice, as an important mechanism of regulation of social relations.  Law and justice have a common path of development, one by regulating the way of life of the people, that is, by issuing norms and the other by giving justice to the relative complexity and cohesion of interpersonal relations. 

scholarly journals Human rights and the public interest: in search of balance

2021 ◽  
pp. 179-185
Keyword(s):  
Human Rights ◽  
Social Relations ◽  
Public Interest ◽  
Well Being ◽  
The State ◽  
Right To Education ◽  
The Public ◽  
Constitutional Right ◽  
The Individual ◽  
The Right

Modern processes of globalization in some way shake the established notions of human rights, and therefore their interpretation and content may be limited or expanded contrary to the regulations of the highest legal force. This creates conflict not only in the legal field, but also in society as a whole. It is emphasized that the most effective and less conflicting will be the norm, the content of which fully reflects both public and individual interest, the norm, in the process of interpretation and implementation of which the social value of law is achieved. What does it mean? That the right in the understanding of the official expression of norms should be only those provisions that ensure the well-being and development at the level of personal and public interest, guarantee and do not violate human rights. It is noted that the value of the right for the individual is that it is able to meet the human need for freedom and establishes a certain order of its use. The value of law for the whole society is manifested in the fact that the law guarantees security, order and harmonization of social relations, integrity and solidarity of society. Human rights and freedoms in the state, its interests should not be opposed to the rights and freedoms of others. At the same time, along with universally recognized human rights and freedoms, there are generally recognized restrictions on most of them. This raises the question of the objectively determined need to define boundaries and their criteria in the process of exercising one’s rights and freedoms. An analysis of legal practice in the context of finding a balance of public and private interest on the example of the constitutional right to education. The conclusion is that education is both a constitutional right and a duty and is not subject to any restrictions, and the state must ensure that education is accessible to all. In the process of ensuring the public interest, the state should apply permissible legal mechanisms to motivate a person to implement certain norms, such as persuasion, not coercion, encouragement, not the threat of punishment. Otherwise, it will lead to discrimination in the exercise of the rights and opportunities provided by the Constitution and the freedom to exercise them. And the establishment of the necessary restrictions provided by international legal instruments must be based on the principles of necessity, justice, legality, equality of rights and freedoms. Keywords: human rights, right to education, discrimination, equality, public interest.

Distributive Justice and the Regulation of Fertility Centers: An Analysis of the Fertility Clinic Success Rate and Certification Act

1994 ◽  
Vol 3 (3) ◽  
pp. 383-390 ◽  
Author(s):  
Doris J. Baker ◽  
Mary A. Paterson
Keyword(s):  
Health Technology ◽  
The United States ◽  
Reproductive Technology ◽  
The State ◽  
Human Society ◽  
Reproductive Decisions ◽  
Theories Of Justice ◽  
Fertility Clinic ◽  
Reproductive Services ◽  
The Right

The right to conceive and bear children has been protected both in law and in policy. Human society has from its earliest time valued children and defended procreation as a basic right.Modern health technology offers the possibility of conception to the estimated 2.5 million infertile couples who may wish to have children. For these persons, infertility treatment offers the hope of having children, an activity deemed basic and essential in human society.In general, the state has been reluctant to directly interfere in the reproductive decisions of individuals. However, the state may act to increase or reduce access to reproductive services in a variety of ways. For example, recent legislation regulating fertility clinics affects the distribution of assisted reproductive technology (ART) in the United States. The purpose of this paper is to describe this legislation, project its probable effects on the distribution of ART services, and analyze these effects based on distributive theories of justice.

Good Governance

2019 ◽  
pp. 3-14
Author(s):  
Henk Addink
Keyword(s):  
Human Rights ◽  
Good Governance ◽  
Administrative Law ◽  
The State ◽  
Modern State ◽  
International Human Rights ◽  
Legal Concept ◽  
Human Rights Treaties ◽  
International Human ◽  
The Right

Good governance is a legal concept and a cornerstone of the modern state. It is the most modern of the three cornerstones of the state, whereas the rule of law and democracy concepts are the more classical yet still lively cornerstones. The legal system of the state requires further specification by norms and enforcement and the concept of good governance plays an important role. Three steps can be distinguished in the positivation of the concept: the identification, the internalization, and the enforcement of good governance. There is a direct link between good governance and human rights which can be illustrated by different articles in international human rights treaties. The latest developments are related to the right to good governance. Important also are the development of most of the originally unwritten principles by the judiciary which are later more or less codified and the internationalization of national administrative law by the development of principles of good governance including principles of good administration.

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