scholarly journals The measures to protect public legal interests in the civil process

2021 ◽  
Vol 3 (1) ◽  
pp. 69-85
Author(s):  
Svetlana A. Burmistrova ◽  
Keyword(s):  
Civil Rights ◽  
Implementation Process ◽  
Public Law ◽  
Public And Private ◽  
Social Good ◽  
Civil Process ◽  
The Social ◽  
Legitimate Interests ◽  
Rights And Interests ◽  
Subjective Rights

Introduction. The civil legislation of Russia has a list of general ways to protect civil rights. There is comprehensive list of ways to protect public-law subjective rights and interests either in legislation or in legal science. As a result, some methods of protection that are explicitly named in the law are widely used in practice and have been sufficiently studied in science, while others that do not have direct legislative support are little or practically not used in practice, which leads to weak protection of rights and interests that could be protected by such methods. Theoretical Basis. Methods. In order to make the most complete list of the methods of protecting public-law subjective rights and interests and, if possible, bring such methods into the system, the author of the article proceeded from the following ideas: – social interests regulated by law (legal interests) have a different probability of achieving the object (the social good they are aimed at) and are divided into three categories, namely interests with a maximum (subjective rights), minimum (legitimate interests) and intermediate probability of achieving the object (legitimate interests that can be transformed into subjective rights by an act of law enforcement); – legal interests in the implementation process go through a number of stages, each of which can be violated in a special way. Knowing what constitutes a violation in each of the stages, allows an accurate choice of a method of protection from the range of availale measures; – the importance of implementing legal interests for the society is not the same. General (public) significance leads to the fact that the interest is regulated by public law. The private significance of an interest entails its regulation by private law. Results. It is argued that public and private entities can be carriers of public legal interests. It is proved that relations arising from the implementation of public-legal interests can be based on subordination or equality, and therefore the subjects of public-legal relations can have a powerful, subordinate and equal status. The article presents a system of measures and measures that should be applied in cases of violations of public-legal interests of powerful, subordinate and equal participants in public-legal relations at various stages of the implementation of such interests. Discussion and Conclusion. The results obtained can serve as a basis for improving the procedural means of protection and proceedings for the protection of public legal interests.

Private or Public Law Enforcement? The Case of Digital Anti-Piracy Policies with Illegal Non-Monitored Behaviors

2016 ◽  
Vol 15 (4) ◽  
Author(s):  
Eric Darmon ◽  
Thomas Le Texier
Keyword(s):  
Large Scale ◽  
Conflicts Of Interest ◽  
Public Law ◽  
Social Planner ◽  
Private Enforcement ◽  
Digital Piracy ◽  
Public And Private ◽  
The Social ◽  
Public And Private Enforcement ◽  
The Impact

AbstractShould rights be publicly or privately enforced in the case of digital piracy? The emergence of large-scale anti-piracy laws and the existence of illegal non-monitored channels raise important issues for the design of anti-piracy policies. We study the impact of these demand-side policies in two enforcement settings (namely, public and private enforcement settings) with an outside adoption option for users of an illegal non-monitored channel. Our results show that public enforcement generates higher monitoring and lower price levels, and also higher legal welfare than private enforcement. However, we identify potential conflicts of interest between the legal seller and the social planner when the efficiency of the illegal non-monitored channel is low. Introducing supply-side policies, i.e. policies targeted to suppliers of illegal content, we find that they may have unexpected impacts and can damage legal welfare. We also identify situations in which the two policies are substitutes or complements.

Making the Multiple:

2019 ◽  
Vol 118 (4) ◽  
pp. 839-855
Author(s):  
Michele Spanò
Keyword(s):  
Legal Theory ◽  
Social Relation ◽  
Logical Form ◽  
Public Law ◽  
Private Law ◽  
The Social ◽  
Private And Public ◽  
The Commons ◽  
Subjective Rights ◽  
Do So

The essay argues for the compatibility between private law and the commons. In order to do so, it proposes an archeology of modern private law, which traces both the emergence of what will be called “modern topology” and the historical transformation of civil law into what we still know as private law. Private law is considered to be a product of modern legal theory which is radically tied with public law. The two are meant to have the very same logical form—individuality—which was the premise for the social relation of capital to be established. The pivot of this legal maneuver—which ended up with the exclusion of the commons from the realm of both private and public law—was the theory of subjective rights. To dismantle this construction, the essay proposes a critique of subjective rights as well as a trans-subjective approach to private law.

scholarly journals Zasadnicze przejawy ingerencji w prawa podmiotowe prywatne jednostek przez III Rzeszę

2017 ◽  
Vol 39 (1) ◽  
pp. 45-74
Author(s):  
Tomasz Kruszewski ◽  
Leonard Górnicki
Keyword(s):  
Civil Rights ◽  
Essential Element ◽  
Third Reich ◽  
Public Law ◽  
National Socialist ◽  
The Third ◽  
Legal Situation ◽  
The Law ◽  
The Third Reich ◽  
Subjective Rights

ESSENTIAL MANIFESTATIONS OF INTERFERENCE IN SUBJECTIVE RIGHTS OF PRIVATE INDIVIDUALS BY THE THIRD REICHThe article analyzes the most important manifestations of limitation of subjective rights of private individuals by the Third Reich. The authors begin the article by undermining by the national socialist regime one of the fundamental principles, which is equality before the law. Then, the au­thors analyze the violations of particulars individual rights of private individuals.The purpose of the authors is to demonstrate that the self-reliance of aperson Eigenständig­keit has ceased to be an essential element of private law in the national socialist legal order. The sphere in which the subject of law could freely regulate the legal situation created by acts of his will, became clearly restricted. But also, and even more specifically, the sphere of traditionally protected civil rights of private individuals has fallen. The interference of the national socialist regime in the sphere of human privacy followed by changes both in civil and in public law. The existence of a for­mal legal basis was supposed to exclude the unlawfulness of the behavior of the subjects of the law, especially the state, its organs and institutions, but in the light of the idea ofthe law of the civilized nations it was “statutory lawlessness”.

Applying the Theory of Social Good to Mass Incarceration and Civil Rights

2019 ◽  
Vol 30 (2) ◽  
pp. 205-218 ◽  
Author(s):  
Robynn Cox
Keyword(s):  
African Americans ◽  
Civil Rights ◽  
Social Exclusion ◽  
Mass Incarceration ◽  
The United States ◽  
Social Good ◽  
Goods And Services ◽  
Diversity And Inclusion ◽  
The Social ◽  
History Of

This article illustrates how the underproduction of social goods and services within the domain of diversity and inclusion bolstered mass incarceration in the United States and further marginalized historically oppressed groups, specifically African Americans. The article begins with a discussion of the importance of the social good framework and how it relates to the social problem of mass incarceration. Then, it provides a brief history of racial exclusion within the American context to demonstrate the centrality of race in the social exclusion of African Americans. This is followed by a discussion of the macro-, mezzo-, and micro-roots of mass incarceration, and how the U.S. tolerance for racially based social exclusion helped to propel mass incarceration, especially the overincarceration of African Americans. Finally, this article concludes with suggestions for rectifying this substantial social injustice and the role that social work must play in addressing this issue.

Palomino

2013 ◽  
Author(s):  
James J. Lorence ◽  
Donna Lorence
Keyword(s):  
Civil Rights ◽  
Civil Rights Movement ◽  
Mexican American ◽  
Civil Liberties ◽  
Social Good ◽  
Mccarthy Era ◽  
The Social ◽  
History Of ◽  
The Cold War ◽  
Mexican American Identity

This book presents the first comprehensive biography of progressive labor organizer, peace worker, and economist Clinton Jencks (1918–2005). A key figure in the radical International Union of Mine, Mill, and Smelter Workers (IUMMSW) Local 890 in Grant County, New Mexico, Jencks was involved in organizing not only the mine workers but also their wives in the 1951 strike against the Empire Zinc Company. He was active in the production of the 1954 landmark labor film dramatizing the Empire Zinc strike, Salt of the Earth, which was heavily suppressed during the McCarthy era and led to Jencks' persecution by the federal government. The book examines the interaction between Jencks' personal experience and the broader forces that marked the world and society in which he worked and lived. Following the work of Jencks and his equally progressive wife, Virginia Derr Jencks, the book illuminates the roots and character of Southwestern unionism, the role of radicalism in the Mexican American civil rights movement, the rise of working-class feminism within Local 890 and the Grant County Mexican American community, and the development of Mexican American identity in the Southwest. Chronicling Jencks' five-year-long legal battle against charges of perjury, this biography also illustrates how civil liberties and American labor were constrained by the specter of anticommunism during the Cold War. The book highlights Clinton Jencks' dramatic influence on the history of labor culture in the Southwest through a lifetime devoted to progress and change for the social good.

A Moment to Come Together: Personal Reflections on Trayvon Martin

2013 ◽  
Vol 5 (1) ◽  
pp. 131-137
Author(s):  
Roxanne Christensen ◽  
LaSonia Barlow ◽  
Demetrius E. Ford
Keyword(s):  
Civil Rights ◽  
Doctoral Students ◽  
Professional Psychology ◽  
Direct Effects ◽  
The Social ◽  
To Come ◽  
Professional Responses ◽  
The Individual ◽  
Personal Reflections ◽  
Unique Individual

Three personal reflections provided by doctoral students of the Michigan School of Professional Psychology (Farmington Hills, Michigan) address identification of individual perspectives on the tragic events surrounding Trayvon Martin’s death. The historical ramifications of a culture-in-context and the way civil rights, racism, and community traumatization play a role in the social construction of criminals are explored. A justice orientation is applied to both the community and the individual via internal reflection about the unique individual and collective roles social justice plays in the outcome of these events. Finally, the personal and professional responses of a practitioner who is also a mother of minority young men brings to light the need to educate against stereotypes, assist a community to heal, and simultaneously manage the direct effects of such events on youth in society. In all three essays, common themes of community and growth are addressed from varying viewpoints. As worlds collided, a historical division has given rise to a present unity geared toward breaking the cycle of violence and trauma. The authors plead that if there is no other service in the name of this tragedy, let it at least contribute to the actualization of a society toward growth and healing.

On diversity in the social sciences: Why homogeneous research groups are an ethical mistake

2018 ◽  
Author(s):  
Amy Nusbaum ◽  
Toby SantaMaria
Keyword(s):  
Minority Groups ◽  
Academic Science ◽  
Research Groups ◽  
Ethical Perspective ◽  
Scientific Enterprise ◽  
Social Scientists ◽  
Social Good ◽  
The Social ◽  
Public Responsibility ◽  
Principles Of Justice

The scientific enterprise reflects society at large, and as such it actively disadvantages minority groups. From an ethical perspective, this system is unacceptable as it actively undermines principles of justice and social good, as well as the research principles of openness and public responsibility. Further, minority social scientists lead to better overall scientific products, meaning a diverse scientific body can also be considered an instrumental good. Thus, centering minority voices in science is an ethical imperative. This paper outlines what can be done to actively center these scientists, including changing the way metrics are used to assess the performance of individual scientists and altering the reward structure within academic science to promote heterogenous research groups.

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