scholarly journals The Rape Paradigm: Violent Stranger VS Warrior Victim

Law and World ◽  
2021 ◽  
Vol 7 (3) ◽  
pp. 73-97
Keyword(s):  
The State ◽  
Main Element ◽  
Sex Crimes ◽  
Sexual Freedom ◽  
New Approach ◽  
Sexual Autonomy ◽  
Actus Reus ◽  
Definition Of

The purpose of this article is to show the narrow boundaries and incompleteness of the Georgian legislation regarding rape, which fails to cover all the actions from which the protection of an individual's negative sexual freedom is the responsibility of the state. The article aims to show the reader the advantages of the new approach in parallel with the critique of the old law regarding rape, which means expanding the scope of the definition of rape and hence criminalizing more actions. For this purpose, the importance of non-consent as the main element of the rape actus reus is discussed. The article also analyzes the importance of protecting the boundaries of rape so that the state does not unjustifiably restrict a person's positive sexual freedom while protecting negative sexual autonomy. The purpose of this article is neither to criticize nor support any of the consent-based rape models ("no means no" or "only yes means yes" models), but rather to highlight the importance of consent to sex crimes and to emphasize the basic guideline for consent

scholarly journals HUMAN AND CITIZENSHIP IN THE CONTEXT OF PARADIGMAL POLITICAL SCIENCE MEASUREMENT

2018 ◽  
pp. 8-19
Author(s):  
Fedir Kyryliuk ◽  
Viktor Melnyk
Keyword(s):  
Political Science ◽  
Physical Nature ◽  
Subject Area ◽  
The State ◽  
Roman Law ◽  
New Approach ◽  
Whole Process ◽  
Solid Foundation ◽  
The Subject ◽  
Definition Of

The critical analis of the centennial stage of the institutionalization of political science makes it possible to draw a paradoxical conclusion — political science is the science of debate and about debate. This is explained not only by the complexity of the methodological use of political science principles or by its poor integration in the subject area of other social (or behavioral) sciences. The main problems of political science are terminological uncertainty and methodological Abstraction. Each new approach in political science really can completely change the essence of its theoretical construction. By introducing the term “Civil Political Science” into broad terms, the authors hope to make a step towards the structural determinacy of political science and give it a solid foundation — the problem of a person as a citizen. Civic political science is intended to improve political science, to arrive from the destructive influence of etatism, which is only masked by ideological stamps and reduces the very idea of the state (as an organism at the same time social, legal, created by a citizen-man for a citizen-man). Applying for the new principles of civil political science, the authors hope to begin the process of “deetatization” of political science in order to serve the true interests of the state — the interests of citizenship. It should not be forgotten that only citizens determine and produce statehood by the fact of their existence. Man as a citizen was formed in the process of human transition from the wild stage of existence to settled life. The struggle of instincts of physical against moral feelings was accompanied by the whole process of political evolution of communities — from the primitive order to the present day. It did not pass the institute of citizenship, which was largely intended to reconcile the instinctive nature of man as a biosocial being (let us recall the patriarchal definition of Roman law). Consequently, the reconciliation of morality and physical nature within a person should be recognized as the prevailing tendency of civil political science.

scholarly journals Respecting and Protecting the Right of Minor Sexual Autonomy

2021 ◽  
Vol 8 (7) ◽  
pp. 122-125
Author(s):  
Kang Li ◽  
Keyword(s):  
Basic Concept ◽  
The State ◽  
Sexual Freedom ◽  
Sexual Autonomy ◽  
The Right

The right of sexual autonomy is not only a natural problem, but also a humanistic problem. In the process of transformation from “biological man” to “rational man”, minors with certain rationality enjoy certain sexual autonomy. The basic concept of juvenile sexual autonomy includes respecting sexual freedom, safeguarding sexual dignity and promoting sexual autonomy. The sexual autonomy of minors faces two basic paths: tolerance and sternness; Has two functions: defense and attack. The state needs to fulfill the minimum obligation of respect and provide the space for the minor's voluntary autonomy. On this basis, the state should also fulfill the duty of protection to protect the space of minors' autonomy from being infringed.

scholarly journals About the equivalent level of flight safety

2020 ◽  
Vol 23 (5) ◽  
pp. 8-18
Author(s):  
B. I. Bachkalo ◽  
V. I. Zolotykh
Keyword(s):  
The State ◽  
Point Of View ◽  
Flight Safety ◽  
Minimal Set ◽  
Safety Level ◽  
Safety Measures ◽  
New Approach ◽  
Guidance Documents ◽  
Definition Of ◽  
The Impact

The article analyzes the meaning of the term "equivalent flight safety". The need for such an analysis is due to the fact that there is no definition of this term in the guidance documents on engineering and aerodrome flight support. This creates the ambiguous interpretation of the meaning embedded in this term and the possibility of non-compliance with the necessary flight safety measures at the aerodrome. As a result of the analysis, the expediency of the use of the term "equivalent level of flight safety" when determining the aerodrome operational suitability is substantiated. Management of the state of the aviation system from the point of view of information theory is considered. As a result, it was established that the ability to assess the impact of each element of the aviation system on its security against the effects of hazardous factors makes it possible to increase the efficiency of managing the state of this security. Dependence of the aerodrome flight safety level on the legality of the aerodrome operation is shown. The feasibility of achieving the equivalent level of flight safety using a new indicator, the equivalence coefficient, is substantiated. The formula that allows to calculate this indicator is derived. The numerical value of the equivalence coefficient depends on the values of the coefficients of compliance with the aerodromes operational suitability standards. The minimal set of evaluated elements is shown which determines the value of each coefficient of compliance with the aerodromes operational suitability standards. A mathematical model that reflects the dependence of the coefficient of compliance value with the operational suitability standards on the estimated indicators is constructed. The coefficients and indicators considered in the article in aggregate represent a new approach to assessing the level of aerodrome flight safety. This approach can be successfully applied in assessing the level of flight safety by any element of the aviation system.

PERTANGGUNGJAWABAN KERUGIAN NEGARA DALAM PENGELOLAAN KEUANGAN DAERAH

EDUKASI ◽  
2018 ◽  
Vol 16 (1) ◽  
Author(s):  
Hendra Karianga
Keyword(s):  
Financial Management ◽  
Criminal Liability ◽  
The State ◽  
Legal Proceedings ◽  
Regional Finance ◽  
Regional Budget ◽  
State Finance ◽  
Budget Policy ◽  
Definition Of ◽  
The Impact

Sources of revenue and expenditure of APBD (regional budget) can be allocated to finance the compulsory affairs and optional affairs in the form of programs and activities related to the improvement of public services, job creation, poverty alleviation, improvement of environmental quality, and regional economic growth. The implications of these policies is the need for funds to finance the implementation of the functions, that have become regional authority, is also increasing. In practice, regional financial management still poses a complicated issue because the regional head are reluctant to release pro-people regional budget policy, even implication of regional autonomy is likely to give birth to little kings in region causing losses to state finance and most end up in legal proceedings. This paper discusses the loss of state finance and forms of liability for losses to the state finance. The result of the study can be concluded firstly,  there are still many differences in giving meaning and definition of the loss of state finace and no standard definition of state losses, can cause difficulties. The difficulty there is in an effort to determine the amount of the state finance losses. The calculation of state/regions losses that occur today is simply assessing the suitability of the size of the budget and expenditure without considering profits earned by the community and the impact of the use of budget to the community. Secondly, the liability for losses to the state finance is the fulfillment of the consequences for a person to give or to do something in the regional financial management by giving birth to three forms of liability, namely the Criminal liability, Civil liability, and Administrative liability.Keywords: state finance losses, liability, regional finance.

Implications

2017 ◽  
Author(s):  
Karl Widerquist ◽  
Grant S. McCall
Keyword(s):  
Property Rights ◽  
The State ◽  
Natural Property ◽  
Government Failure ◽  
State Of Nature ◽  
Best Response ◽  
Lockean Proviso ◽  
Definition Of ◽  
Taking Action ◽  
Disadvantaged People

Earlier chapters of this book found that the Hobbesian hypothesis is false; the Lockean proviso is unfulfilled; contemporary states and property rights systems fail to meet the standard that social contract and natural property rights theories require for their justification. This chapter assesses the implications of those findings for the two theories. Section 1 argues that, whether contractarians accept or reject these findings, they need to clarify their argument to remove equivocation. Section 2 invites efforts to refute this book’s empirical findings. Section 3 discusses a response open only to property rights theorists: concede this book’s empirical findings and blame government failure. Section 4 considers the argument that this book misidentifies the state of nature. Section 5 considers a “bracketing strategy,” which admits that observed stateless societies fit the definition of the state of nature, but argues that they are not the relevant forms of statelessness today. Section 6 discusses the implications of accepting both the truth and relevance of the book’s findings, concluding that the best response is to fulfil the Lockean proviso by taking action to improve the lives of disadvantaged people.

Ground of mechanism of pay in a budget for the pipelinetransporting of hydrocarbon commodities

2019 ◽  
pp. 141-152
Author(s):  
Adam Bodіuk
Keyword(s):  
The State ◽  
Practical Significance ◽  
State Budget ◽  
Economic Interests ◽  
State Recognition ◽  
Main Pipelines ◽  
Business Entities ◽  
Combination Of Methods ◽  
Definition Of ◽  
Hydrocarbon Transport

The subject of the study is the mechanism for determining the fiscal fee forthe main transportation of hydrocarbon goods as a resource concept. The purposeof this article is to justify the nature and prospects of using, instead of currentrent, hydrocarbon fiscal-main income as a fiscal payment, which is brought intothe state budget by operators of the main hydrocarbon-transport system as business entities for their transportation of hydrocarbons and products of their processing through main pipelines appropriate to the economic requirements. Theresearch methodology is determined by a combination of methods: a) cognition:legal analysis (study of the regulatory framework for the use of rent); b) justification: abstract logical analysis (definition of the concepts of hydrocarbon fiscalmain income); c) generalization (substantiation of conclusions and proposals).Results of work. In the process of analyzing the regulatory legal acts that regulate the use of current annuity as payment to the budget for the main transportation of hydrocarbons, it was established that it is not a tax in the interpretationof PKU, since the essence does not meet the official definition of tax, does notmeet the accepted definition of the concept of rent. The accepted nature andmechanism of paying rent for the transportation of hydrogen resources and associated revenues of the state and users of the main hydrogen transport systemand the unpromising nature of its use as a fiscal payment are analyzed. Conclusions.It is proposed that the state pay for the territorial pumping of hydrocarbon resources according to our triple principle as hydrocarbon fiscal-main income, whichcorresponds to its essence, and accordingly change the mechanism for calculatingand depositing funds to treasury accounts. Since the funds come to the revenueside of the state budget, that is, inherently belong to state revenue. The creationof such a mechanism needs certain studies, justifications and government decisions. The same applies to land use, since the quality indicators of soils, wherethe laid pipelines are territorially different. In addition, there is a process ofchanging land for its intended purpose, for the property. The fee for movinghydrocarbon resources should be calculated depending on the type of transport,including pipelines, for a set of indicators: quantity and quality of goods, time,main tariffs and distance of its movement. The amount may be adjusted usingfactors officially established by the CMU. Since the pipelines are located in territorial lands, part of this fee should be transferred to the territorial local budgets.Theoretically, the economic use of trunk pipelines should be considered as a typeof economic environmental management. Therefore, this type of government revenue should be determined by a set of indicators, as well as taking into account the economic interests of business entities authorized by the CMU. Thus, theimplementation of our proposed fiscal payment is relevant, has scientific noveltyand promising practical significance, therefore, for state recognition it is proposedto include it in the Tax Code of Ukraine.

Collective Memory: Between Values and Historical Knowledge

2020 ◽  
pp. 124-142
Author(s):  
VICTOR BURLACHUK
Keyword(s):  
Twentieth Century ◽  
Soviet Union ◽  
Collective Memory ◽  
Rapid Change ◽  
Modern Society ◽  
The State ◽  
Main Element ◽  
Rapid Decline ◽  
The Past ◽  
The Future

At the end of the twentieth century, questions of a secondary nature suddenly became topical: what do we remember and who owns the memory? Memory as one of the mental characteristics of an individual’s activity is complemented by the concept of collective memory, which requires a different method of analysis than the activity of a separate individual. In the 1970s, a situation arose that gave rise to the so-called "historical politics" or "memory politics." If philosophical studies of memory problems of the 30’s and 40’s of the twentieth century were focused mainly on the peculiarities of perception of the past in the individual and collective consciousness and did not go beyond scientific discussions, then half a century later the situation has changed dramatically. The problem of memory has found its political sound: historians and sociologists, politicians and representatives of the media have entered the discourse on memory. Modern society, including all social, ethnic and family groups, has undergone a profound change in the traditional attitude towards the past, which has been associated with changes in the structure of government. In connection with the discrediting of the Soviet Union, the rapid decline of the Communist Party and its ideology, there was a collapse of Marxism, which provided for a certain model of time and history. The end of the revolutionary idea, a powerful vector that indicated the direction of historical time into the future, inevitably led to a rapid change in perception of the past. Three models of the future, which, according to Pierre Nora, defined the face of the past (the future as a restoration of the past, the future as progress and the future as a revolution) that existed until recently, have now lost their relevance. Today, absolute uncertainty hangs over the future. The inability to predict the future poses certain challenges to the present. The end of any teleology of history imposes on the present a debt of memory. Features of the life of memory, the specifics of its state and functioning directly affect the state of identity, both personal and collective. Distortion of memory, its incorrect work, and its ideological manipulation can give rise to an identity crisis. The memorial phenomenon is a certain political resource in a situation of severe socio-political breaks and changes. In the conditions of the economic crisis and in the absence of a real and clear program for future development, the state often seeks to turn memory into the main element of national consolidation.

Seeing, imagined, and lived

2020 ◽  
Vol 3 (2) ◽  
Author(s):  
Anandi Silva Knuppel
Keyword(s):  
Sensory Experience ◽  
Religious Practices ◽  
Daily Lives ◽  
New Approach ◽  
Theories Of Practice ◽  
Sources Of Authority ◽  
Definition Of

Scholarship on Hindu traditions and practices proposes the practice of darshan as fundamental to Hindu traditions, particularly in temple worship, observing that devotees seek out images of deities primarily to see them and “receive” their darshan. These works typically gloss the definition of darshan with a sentence or two about seeing, exchanging glances, and/or receiving blessings. In this paper, I focus on the ways in which darshan is ideally imagined in conjunction with other bodily sensory practices through sources of authority, such as texts and senior devotees, to create a specific sensory experience and expectation in the transnational Gaudiya Vaishnava community. I then look to the lived realitiesof darshan in this tradition, specifically how devotees negotiate the structures created through sources of authority in their daily lives. Through this juxtaposition of idealized and lived darshan, I argue that we need a new approach towards theories of practice to take into account the complexities of darshanic moments in this and other religious practices.

When the State Speaks, What Should It Say?

2012 ◽  
Author(s):  
Corey Brettschneider
Keyword(s):  
Freedom Of Expression ◽  
The State ◽  
Hate Groups ◽  
New Approach ◽  
State Action ◽  
Democratic State ◽  
Theory Of Value ◽  
The Right ◽  
Equal Citizenship ◽  
The Ideal

How should a liberal democracy respond to hate groups and others that oppose the ideal of free and equal citizenship? The democratic state faces the hard choice of either protecting the rights of hate groups and allowing their views to spread, or banning their views and violating citizens' rights to freedoms of expression, association, and religion. Avoiding the familiar yet problematic responses to these issues, this book proposes a new approach called value democracy. The theory of value democracy argues that the state should protect the right to express illiberal beliefs, but the state should also engage in democratic persuasion when it speaks through its various expressive capacities: publicly criticizing, and giving reasons to reject, hate-based or other discriminatory viewpoints. Distinguishing between two kinds of state action—expressive and coercive—the book contends that public criticism of viewpoints advocating discrimination based on race, gender, or sexual orientation should be pursued through the state's expressive capacities as speaker, educator, and spender. When the state uses its expressive capacities to promote the values of free and equal citizenship, it engages in democratic persuasion. By using democratic persuasion, the state can both respect rights and counter hateful or discriminatory viewpoints. The book extends this analysis from freedom of expression to the freedoms of religion and association, and shows that value democracy can uphold the protection of these freedoms while promoting equality for all citizens.

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