scholarly journals Genesis and evolution of establishment of a law-based state: the anthropological approach

2021 ◽  
pp. 12-14
Author(s):  
Anastasiia METIL ◽  
Iryna PEREVERZA

Introduction. At the end of the twentieth century, globalization of the economy took place: mass migration, introduction of innovations in transport and communication technologies, growth of international finance, etc. This led to critical tension in a variety of spheres: social, economic, political. The purpose of the paper is to study the features of the theories of the right state. The theoretical and methodological basis of the study are modern theories, concepts, hypotheses. Comparative and anthropological analysis is used. The methodological and information basis of the work are scientific works, materials of periodicals, information resources. Results. It is proved that it was the globalization of the world economy significantly influenced the change of theoretical approaches to the definition of a rule of law. The development of legal pluralism in the system of Anglo-American law school is analyzed. The world trends in the complexity of realization of legal pluralism are determined: re-nationalization of the noosphere, changing domains of the right registration of migration and global trade. The peculiarities of the introduction of legal documents-donors and recipient states are considered. Globalization processes require a creative search of asymmetric bonds, which lead to the creation of a social phenomenon – the law. The policy of global legal pluralism shows the deep involvement of neo-liberal legal projects of all actors. Conclusion. The epistemological understanding of the analytical concept of legal pluralism is that any form of legal configuration affects or confuses statehood, regardless of whether this manifestation of cooperation, neglect, merger. The perception of global legal pluralism restored the meaning of the state in the present fragmented and dependent form in complex multiple social systems.

Author(s):  
Michael Coyle

In much of the world, colonialism has gone hand in hand with the deliberate suppression of Indigenous peoples’ values and the legal orders by which they governed themselves. In light of the marginal social conditions and threats to their future cultural survival that the imposition of colonial sovereignty has produced for Indigenous peoples, pressure has been rising in recent decades for states to recognize the right of Indigenous peoples to be governed by their own diverse laws and normative orders. To be effective, formal efforts to mediate the discourse between those norms and state laws will need to be capable of accommodating fundamental differences between Indigenous and state understandings of governance and of law. Drawing on Indigenous arguments for the revitalization of their laws as well as the insights of legal pluralism, this chapter sketches out a framework by which one might assess the adequacy of mechanisms that mediate between state and Indigenous norms. Our discussion will focus on Canada and Aotearoa/New Zealand, two countries where the issue of legal pluralism has recently taken center stage.


2015 ◽  
Vol 9 (2) ◽  
Author(s):  
Patrick Fortmann

AbstractThe writings of Niklas Luhmann, the towering architect of modern systems theory, abound with references to the literature of early German Romanticism. Starting from this observation, the article investigates the relevance of certain Romantic ideas for the formation of Luhmann’s theory. Transcending categories of influence and commentary, it argues that literature does not anticipate theory in this case, nor does theory flesh out blind spots in literary texts. Rather, it suggests that systems theory repeatedly turns to Romanticism in order to perfect its tools and sharpen its concepts, increasing in complexity with each encounter. It is precisely this potential for interruption and growth that Luhmann sees and values in the early Romantics and that makes them privileged partners in his ongoing attempt to add new pillars to the grand edifice of his social theory.To be sure, the task of reconsidering the relations between systems theory and early Romanticism could take different routes and the article outlines some of these in a roadmap for alternative inquiries. A second aside, included in the article, addresses a potentially misleading case of homonymy – the notion of system. When the Romantics speak of ›system‹, often with some degree of reservation, they engage critically as well as poetically with the philosophy of German Idealism. Luhmann, by contrast, finds his models elsewhere and thus tends to circumvent this particular tradition.Nonetheless, in the ongoing endeavor of theory building, Romanticism seems to offer just the right kind of balance between affinity and resistance to systems theory to qualify as (what Luhmann considers the highest form of compliment) an irritation. Without a strong dose of Romanticism, one might say, systems theory would neither ›see‹ the world by way of observation, nor recognize the resilience of communication (even in the face of incomprehensibility), nor fully acknowledge the systemic processes of creating autonomy by way of autopoiesis.With Romanticism, Luhmann claims, art begins to reflect on its autonomy. Now fully liberated from serving religious purposes or teaching moral lessons, art commences anew. It becomes markedly and decidedly self-reflexive. Though it shares this feature with all functional systems, there is something special in the self-reflexivity, which constitutes the autonomy of art – the rejection of all determinations coming from the outside. Modern art presents nothing but art and it draws radical attention to this fact. Romantic irony, doublings, and a penchant for negotiating writing as the medium of literature, all perform this feat. Through such devices, Romanticism playfully showcases the autonomy of art and, by extension, the autopoiesis of art as social system. Looking at the way Romanticism treats and establishes autonomy deepens the theoretical insights into the workings of autopoiesis.Luhmann also credits Romanticism with exploring the boundaries of communication. He reads Romantic texts as staging prolonged experiments with self-sabotaging communications, be they reduplication, indeterminacy, oscillation, or incommunicability. While testing the limits of communication, Romanticism cannot help but demonstrate how unshakably robust the concept is – for communication can indeed communicate all of the above and still not fall apart. Since even outlandish communication fails to bring about its own end, the Romantics serve as a test case for a larger point Luhmann likes making: communication is the foundation of all social systems and as such, always continues, no matter what. Having been vetted in this way, his theory stands, as Luhmann notes with much delight.What Literary Studies consider as fiction, systems theory describes as a particular model of observation. Romanticism with its fairy tale universes, dream-like parallel spheres, unlikely encounters and split characters, offers contingent, ever-changing and always advancing observations. It thus brings to light that which is otherwise confined to the background – the world as it appears and as it potentially could be. In so doing, Romanticism makes the world, however fleetingly, noticeable for both the occasional reader as well as the astute theorist.Conversely, to Luhmann’s infatuation, the Romantics seem to have found in him exactly the kind of reader they always dreamed of – someone who transitions effortlessly from reader to critic, and who renews the textual tradition upon which he draws, unlocking the potential of texts as he endows them with new and unexpected meanings, while also deepening his own critical insights through the challenges they pose. Luhmann himself might either have been conscious of this connection or appalled by the suggestion, but in the intellectual encounters he sought and created throughout his works, the foremost theorist of social systems lets himself be profoundly irritated by the writers of early German Romanticism.


Author(s):  
Olga Smirnova ◽  
Mikhail Shkondin

The article gives an overview of key approaches to studying the media and journalism as factors that enable participants of the current social environment to deal with disagreements and resolve conflicts. The authors prove that, from the perspective of the objet field of media studies and its integrative character, social conflicts of various scales and levels are the primary object for analysis. Large-scale theoretical generalizations require practical knowledge of conflict resolution; therefore, journalism, being the reflector of the world of everyday life, is the main source of the relevant empirical data. Thus, the authors consider journalism and media the key tools for preventing and resolving social conflicts. They also emphasize the high degree of responsibility of the media and journalists in covering and analyzing conflicts in the world arena, which is becoming even higher in the current processes of digitalization and mediatization of all social realities. The article gives a definition of journalism in the context of conflictology as a theory of social conflict resolution, highlights the importance of further researches into the new field — mediaconflictology, and recommends using empirical and theoretical approaches and the principle of interdisciplinarity. This should provide for a better sensemaking and generalization of social practices, as well as determining the key role of journalism in forecasting and diagnosing social conflicts and disagreements, in de-escalation of social tensions and forming the right culture of conflict perception by the public, which will eventually result in harmonization of social processes.


2020 ◽  
Vol 8 (4) ◽  
Author(s):  
Sergey Markedonov ◽  
Igor Okunev

This article analyses the phenomenon of states with problematic sovereignty, which has arisen in recent decades, primarily in the former Yugoslavia and the USSR (but not only). The existing model of the world order, in which only UN member countries are recognised as participants in international relations, does not reflect a real picture of the world. At the beginning of the study, the authors examine theoretical approaches (A. Yannis. A. Tsutsiev, A. Sebentsov, V. Kolosov) to typologising entities with problematic sovereignty and territorial principles of national self-determination (i. e. the realisation of the right to self-determination) as well as re-conceptualising sovereignty approaches (J. Agnew and N. Dobronravin). Next, the authors describe how these topics are embedded in the logic of the developing crisis of relations between Russia and the West and lead to a diplomacy of double standards. It is especially emphasised that at different periods and depending on the political state of affairs, both sides in the present-day confrontation supported separatist projects and the preservation of territorial integrity and state unity. This results from contradictions in the system of international law, vague criteria for recognising newly formed independent states, and attempts to use conflicts instrumentally to realise strategic interests. According to the authors, a way out of this impasse could be an agreement between the West and Russia on some general rules of the game, including clearer criteria for the recognition of new states, the legality/illegality of secession, and the preservation of territorial integrity, as well as possible procedures for transition to a new status. However, this is unlikely to happen without reaching a comprehensive compromise or modus vivendi between the main stakeholders. The result of the article is a demonstration on the theoretical and applied levels that in the modern system of international relations, the concept of “territoriality” has become more complicated as a basic characteristic of the state. It now requires new legal and diplomatic approaches to resolve the contradiction between the principles of territorial integrity and the right of nations to self-determination. These new approaches should be developed by the expert community in the course of an unbiased analysis of the contemporary architecture of international relations.


2003 ◽  
Vol 16 (4) ◽  
pp. 849-871
Author(s):  
Leopold Specht ◽  
Ratna Kapur ◽  
Balakrishnan Rajagopal ◽  
Chantal Thomas ◽  
David M. Trubek

In this presentation I shall describe (i) a process of expanding the institutional frameworks of economic and social development that apply on a global scale principles found in the Anglo-American world; (ii) the reinterpretation of these institutional frameworks by ascribing to them a narrow – to a certain extent ideological – meaning which does not reflect the variety of meanings carried by those institutions in the Anglo-American world; and (iii) the undermining of sovereign decision-making by states in order to regulate economies and social systems in a manner that does not pose limitations to the expansion of the institutional framework as described above. This hegemonic programme of ‘globalization’ is at the heart of policies promoted by the United States and such international institutions as the International Monetary Fund (IMF) and the World Bank.


Liquidity ◽  
2016 ◽  
Vol 5 (1) ◽  
pp. 1-9
Author(s):  
Andilo Tohom

Indonesia is one of many countries in the world so called resource-rich country. Natural resources abundance needs to be managed in the right way in order to avoid dutch diseases and resources curses. These two phenomena generally happened in the country, which has abundant natural resources. Learned from Norwegian experiences, Indonesian Government need to focus its policy to prevent rent seeking activities. The literature study presented in this paper is aimed to provide important insight for government entities in focusing their policies and programs to avoid resources curse. From the internal audit perspective, this study is expected to improve internal audit’s role in assurance and consulting.


2019 ◽  
Vol 1 (1) ◽  
pp. 60-71
Author(s):  
Devi Yusvitasari

A country needs to make contact with each other based on the national interests of each country related to each other, including among others economic, social, cultural, legal, political, and so on. With constant and continuous association between the nations of the world, it is one of the conditions for the existence of the international community. One form of cooperation between countries in the world is in the form of international relations by placing diplomatic representation in various countries. These representatives have diplomatic immunity and diplomatic immunity privileges that are in accordance with the jurisdiction of the recipient country and civil and criminal immunity for witnesses. The writing of the article entitled "The Application of the Principle of Non-Grata Persona to the Ambassador Judging from the Perspective of International Law" describes how the law on the abuse of diplomatic immunity, how a country's actions against abuse of diplomatic immunity and how to analyze a case of abuse of diplomatic immunity. To answer the problem used normative juridical methods through the use of secondary data, such as books, laws, and research results related to this research topic. Based on the results of the study explained that cases of violations of diplomatic relations related to the personal immunity of diplomatic officials such as cases such as cases of persecution by the Ambassador of Saudi Arabia to Indonesian Workers in Germany are of serious concern. The existence of diplomatic immunity is considered as protection so that perpetrators are not punished. Actions against the abuse of recipient countries of diplomatic immunity may expel or non-grata persona to diplomatic officials, which is stipulated in the Vienna Convention in 1961, because of the right of immunity attached to each diplomatic representative.


Think India ◽  
2019 ◽  
Vol 22 (2) ◽  
pp. 463-466
Author(s):  
TUMMALA. SAI MAMATA

A river flows serenely accepting all the miseries and happiness that it comes across its journey. A tree releases oxygen for human beings despite its inner plights. The sun is never tired of its duty and gives sunlight without any interruption. Why are all these elements of nature so tuned to? Education is knowledge. Knowledge comes from learning. Learning happens through experience. Familiarity is the master of life that shapes the individual. Every individual learns from nature. Nature teaches how to sustain, withdraw and advocate the prevailing situations. Some dwell into the deep realities of nature and nurture as ideal human beings. Life is a puzzle. How to solve it is a million dollar question that can never be answered so easily. The perception of life changes from individual to individual making them either physically powerful or feeble. Society is not made of only individuals. Along with individuals it has nature, emotions, spiritual powers and superstitious beliefs which bind them. Among them the most crucial and alarming is the emotions which are interrelated to others. Alone the emotional intelligence is going to guide the life of an individual. For everyone there is an inner self which makes them conscious of their deeds. The guiding force should always force the individual to choose the right path.  Writers are the powerful people who have rightly guided the society through their ingenious pen outs.  The present article is going to focus on how the major elements bound together are dominating the individual’s self through Rabindranath Tagore’s Home and the World (1916)


2018 ◽  
Author(s):  
Fabian Beeckman ◽  
Hans Motte ◽  
Tom Beeckman
Keyword(s):  

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