scholarly journals Religion and modernity in a secular city: A public theology of différance

2011 ◽  
Vol 67 (3) ◽  
Author(s):  
Johann-Albrecht Meylahn
Keyword(s):  
Common Good ◽  
The State ◽  
Religious Fundamentalism ◽  
Modern State ◽  
The Public ◽  
Religion And Modernity ◽  
Divine Violence ◽  
The Republic ◽  
Legitimate Violence ◽  
Good And Evil

Seeking the good often authorises and legitimises certain forms of violence: violence that defines the state (Benjamin’s law-founding violence) by the exclusion of others and the violence that coerces or binds (religare) the public into a common understanding of the good at the exclusion of other interpretations of that good (Benjamin’s law-maintaining violence). The secular modern state has never been without religion functioning as religare. The modern state, often seen as a peacemaker, is founded on these two forms of ‘legitimate’ violence against what is other or different, just as the peace, prosperity and good of the state is sought through the elimination of the different and a unification of the state under the banner of a ‘common’ good. This ‘legitimate’ violence will always produce the counter-violence of difference (i.e. excluded others) seeking a legitimate place within the common space of the republic (Benjamin’s divine violence). With the rise of religious fundamentalism, institutionalised religion has been allowed to return to the public debate. Is the call for this return one that further sanctions legitimate violence by eating and sharing the fruit of knowledge of good and evil? Is the call the church is hearing one that seeks to clarify and clearly define the good that will bind us (religare) into a stronger and more prosperous and peaceful city – onward Christian soldiers marching as to war? Or is there another calling, one that requires us to be Disciples of Christ – with the Cross of Jesus going on before – entering the space of violence beyond the knowledge of good and evil as peacemakers? In this article, I sought to understand this ‘peacemaking’ space by bringing into dialogue Žižek’s interpretation of Christianity with Derrida’s interpretation of hospitality.

scholarly journals Seeking the good (peace) of the republic: The violence against and of difference in defining the public space

2011 ◽  
Vol 32 (2) ◽  
Author(s):  
Johann-Albrecht Meylahn
Keyword(s):  
Public Space ◽  
South African ◽  
The State ◽  
The Public ◽  
Common Space ◽  
Divine Violence ◽  
African Context ◽  
The Republic ◽  
The Church ◽  
Law Making

This article will reflect on the role of legitimate and authorised violence in state-making. This violence in the name of the good defines the state (Benjamin�s law-making violence) by the exclusion of others (Benjamin 1996). Law-making violence together with the violence that coerces or binds [religare] the public into a common understanding of the good (Benjamin�s law-maintaining violence) is at the exclusion of other interpretations of the good (Benjamin 1996). As the law-making and law-maintaining violence of the state is always at the expense of the excluded other, the excluded other will produce a counter violence of difference seeking a legitimate place within the common space of the republic (Benjamin�s divine violence). What is the church�s role in such a context of violence? Is the church�s role to help clarify and clearly define the good that will bind [religare] the citizens into a stronger and more prosperous and peaceful state � onward Christian soldiers marching as to war? Or is there another calling, to be disciples of Christ � with the Cross of Jesus going on before � and enter the space of violence beyond the knowledge of good and evil as peacemakers? These questions will be examined by bringing into dialogue �i�ek�s (1997) interpretation of Christianity with Derrida�s (2002) interpretation of hospitality, specifically in the violent South African context.

scholarly journals Public Interest Opposite the Freedom of Contractual Will in Administrative Contracts in the Republic of Albania

2017 ◽  
Vol 6 (s2) ◽  
pp. 37-48
Author(s):  
Artan Spahiu
Keyword(s):  
Public Interest ◽  
Legal Framework ◽  
The State ◽  
Private Law ◽  
Legal Analysis ◽  
Administrative Contract ◽  
The Public ◽  
General Arrangement ◽  
Role Of The State ◽  
The Republic

Abstract The protection of the public interest is the main principle governing the activity regulation of the administrative bodies. This activity, traditionally, has been developed through administrative acts, as an expression of the unilateral and authoritarian willpower of public authority, which creates legal consequences. The administrative act has been and remains the most important instrument for the administration bodies to accomplish their mission, but it is no longer effective. Particularly this lack of efficiency is noticed in recent years when the development of the economy and the needs of the evergrowing society have prompted the administration to adapt its activity by making use of other mechanisms “borrowed” from private law. An important part of public activity can also be achieved through the contract as a way that brings the state closer to the private, mitigating its dominant position and leaving space for the efficiency of private activity to fulfil public engagements. Such contracts today are known as “administrative contracts” or “public contracts”. The terms mentioned above are instruments that establish legal relations, for the regulation of which the principle of public interest is opposed and competes with the principle of freedom of the contractual willpower. The regulation of these types of contracts is reached through the private law, which constitutes the general normative framework of contracts (lex generalis) even for the administrative contracts. But this general arrangement will have effect for as long as it does not contradict the imperative provisions of the specific act of public law (lex specialis), which regulates the administrative procedure for the completion of these contracts. This paper aims to bring to the spotlight the way our legislation predict and regulates administrative contracts, by emphasising particularly the features of their dualistic nature. The coexistence and competition of the principles of the freedom of contractual willpower and the protection of the public interest, evidenced in administrative contracts, is presented in this paper through the legal analysis of the Albanian legal framework which regulates these contracts. Under the terms when the role of the state in providing public services tends to increase and our legislation aims the harmonization in accord with the European legislation, it is necessary to improve the administrative contract regulation and extend its scope of action.

scholarly journals An anti-corruption value of administrative and legal restrictions of joint work of near persons in justice system

2021 ◽  
pp. 63-73
Author(s):  
Oksana Polna
Keyword(s):  
Public Administration ◽  
Public Service ◽  
Common Good ◽  
Justice System ◽  
The State ◽  
Joint Work ◽  
Public Servants ◽  
The Public ◽  
Legal Restrictions ◽  
Relationship Of

The article focuses on the formulation of an urgent comprehensive scientific thought on the anti-corruption value of the administrative and legal restriction of the closely affiliated persons’ collaboration in the justice system of Ukraine. It is a justified restriction of the citizens’ rights to access professional public service in the justice system, provided by national administrative legislation, to continue public service and to exercise a career in this system, by preventing the conclusion of a service contract, blocking the promotion of persons, if this predetermines about direct subordination to a closely affiliated person; termination of official legal relations with persons who are in a relationship of direct subordination to a closely affiliated person. It is noted that the general anti-corruption essence of the restriction under consideration is manifested in the fact that this restriction appears as a «personnel barrier» for increasing corruption risks in the justice system due to the implementation of personnel policy, as well as a “personnel instrument” for correcting situations when a violation of the corresponding restrictions takes place. Considering the concept and essence of limiting the collaboration of closely affiliated persons in the justice system, the author proves that the anti-corruption value of such a limitation is that it: while restricting the joint work of closely affiliated persons in the justice system, makes it impossible for nepotism as a separate manifestation of corruption to arise in this system; is a real barrier that reduces the dynamics of the spread of corruption and limits its scale (primarily, in the form of nepotism) in the system of public administration subjects in Ukraine in general and in the justice system in particular; contributes to increasing the authority of judges, professional public service in general and the level of respect and trust of society in the judiciary, the state, as well as reducing legal nihilism in society; maximizes positive incentives for lawful behavior of citizens in general and professional public servants in the justice system, in particular; is the actual result of a public demand for a decrease in the level of tolerance to corruption in the public administration system in general and in justice system, in particular. In the conclusions to the article, it is noted that non-compliance with the administrative and legal restrictions on the collaboration of closely affiliated persons in the justice system creates a situation in which the public service bodies in this system are filled with close persons, who may enter into a corruption conspiracy to use the common good and public interest in their own (personal) interests, which is unacceptable because it distorts the purpose of the existence of the state in general and the judicial power, in particular. Keywords: administrative and legal restrictions, anti-corruption value, corruption in the justice system, joint work of closely affiliated persons, justice system, personnel barrier, personnel tool.

scholarly journals Digitization of sale of the confiscated customs goods in customs service of the Republic of Serbia

2020 ◽  
Vol 17 (2) ◽  
pp. 165-178
Author(s):  
Đurica Nikolić ◽  
Radmilo Jović
Keyword(s):  
Data Processing ◽  
The State ◽  
Lower Price ◽  
Electronic Data Processing ◽  
The Internet ◽  
Electronic Data ◽  
The Public ◽  
The Republic ◽  
Internet Development ◽  
Starting Price

The confiscated customs goods and the goods that were taken out for the benefit of the state are sold by the customs offices in accordance with the Customs Law and the Decree on customs clearance of goods. The manner of sale of customs goods by the customs offices has not changed for decades and is done exclusively through public sale, that is, at public bid-dings held in customs offices throughout the Republic of Serbia. Sale of customs goods through auction, i.e. public sales in the customs offices are confronted with certain problems including the following: the lack of training of customs officers to conduct bids, inexperience of customs officers in the way of bid management, the negotiation of the bidders regarding the bidding of goods in order to avoid buying at the first bids and wait for the purchase of goods through a direct contract, where the starting price is significantly lower; the existence of organized groups that by their participation in bids do not allow other participants to take part in public bidding. The problems identified in the public sale of customs goods have resulted in a lower payment of funds into the budget due to the purchase of goods and vehicles at significantly lower price. The sale of the confiscated goods and vehicles that would be organized via the Internet is one of the possibilities that can significantly reduce problems when selling customs goods and vehicles in the era of digitization, Internet development t and electronic data processing. Selling goods via the Internet can contribute to faster and more efficient sale of customs goods and vehicles, generating higher revenues from the sale of the confiscated goods, allowing more bidders to participate in bids, the persons participating in bids are known only to customs authorities, but not to other participants.. At the same time, the sale of goods via the Internet would contribute to the modernization of the customs service as a whole.

scholarly journals Monopoly of State-Owned Enterprise of Social Justice

2017 ◽  
Vol 1 (2) ◽  
pp. 98
Author(s):  
Rory Jeff Akyuwen
Keyword(s):  
The State ◽  
Economic Activities ◽  
High Quality ◽  
The Public ◽  
The People ◽  
Role Of The State ◽  
General Benefit ◽  
The Republic ◽  
The Right

The role of the state through BUMN becomes so important when it is formulated in a provision as formulated in Article 33 Paragraph (2) of the 1945 Constitution of the State of the Republic of Indonesia, where the production branches which are important for the State and which affect the livelihood of the public must be controlled by Country. Here it indicates the authority of the State to participate in economic activities through the operation of production branches that can be categorized as important for the State and considered vital and strategic for the interest of the State.This is based on the reasons as formulated in the explanatory section of Article 33 of the 1945 Constitution of the State of the Republic of Indonesia, so that the benefits of the production branches do not fall into the hands of individuals, the State actively takes the role to cultivate it because the production branch is considered important and which control the livelihood of the people for the greatest prosperity of the people. State-Owned Enterprises is formed with the aim of contributing to the development of the national economy in general and the state's revenue in particular; The pursuit of profit; To hold general benefit in the form of providing goods and / or services of high quality and adequate for the fulfillment of the livelihood of the public; Pioneering business activities that have not yet been implemented by the private sector and cooperatives and actively providing guidance and assistance to weak economic entrepreneurs, cooperatives, and communities.SOEs are given the right to monopoly in the economic field which is considered to control the livelihood of many people.

Access to Information in the Republic of Macedonia

2019 ◽  
pp. 714-732
Author(s):  
Stojan Slaveski ◽  
Biljana Popovska
Keyword(s):  
Public Information ◽  
Personal Data ◽  
The State ◽  
The Other ◽  
Free Access ◽  
The Public ◽  
Republic Of Macedonia ◽  
The Republic ◽  
The Government ◽  
And Storage

Certain information and personal data, held by the government, needs to be kept secret because its disclosure to the general public could jeopardize the operation of the state. On the other hand, the state should allow the public to have free access to all other state-held information. To ensure a balance between these two claims of modern democratic societies, there is a need to legally regulate this matter. The state should have a law on access to public information and a law that will regulate the classification, access to and storage of information which should be kept secret. This chapter analyzes the global experiences in regulating this matter, with a particular emphasis on the practice in the Republic of Macedonia.

Access to Information in the Republic of Macedonia

2016 ◽  
pp. 162-179
Author(s):  
Stojan Slaveski ◽  
Biljana Popovska
Keyword(s):  
Public Information ◽  
Personal Data ◽  
The State ◽  
The Other ◽  
Free Access ◽  
The Public ◽  
Republic Of Macedonia ◽  
The Republic ◽  
The Government ◽  
And Storage

Certain information and personal data, held by the government, needs to be kept secret because its disclosure to the general public could jeopardize the operation of the state. On the other hand, the state should allow the public to have free access to all other state-held information. To ensure a balance between these two claims of modern democratic societies, there is a need to legally regulate this matter. The state should have a law on access to public information and a law that will regulate the classification, access to and storage of information which should be kept secret. This chapter analyzes the global experiences in regulating this matter, with a particular emphasis on the practice in the Republic of Macedonia.

Assessment of the public administration of e-commerce development in the Republic of Kazakhstan

2021 ◽  
Author(s):  
Г.Р. Даулиева ◽  
А.Е. Ералиева ◽  
G. Dauliyeva ◽  
A. Yeraliyeva
Keyword(s):  
Structural Changes ◽  
Legal Regulation ◽  
The State ◽  
Digital Data ◽  
Practical Significance ◽  
The Public ◽  
State Management ◽  
State Administration ◽  
The Republic ◽  
Available Information

Пандемия подстегнула развитие рынка розничной электронной коммерции в Казахстане. По данным исследования PwC Kazakhstan, за год этот сегмент вырос на 93%. Целью исследования является оценка государственного управления развития электронной коммерции в Республике Казахстан. Развитие электронной коммерции вызывает неизбежные структурные изменения в экономике. Сложность регулирования цифровой среды заключается, главным образом, в ее нестатичности, постоянном развитии и изменении. Впервые объектом регулирования становятся правоотношения, связанные с реализацией прав в цифровом пространстве, использованием цифровых данных и технологий. По мнению многих юристов, изучающих эту сферу, должны, соответственно, обновляться и методы правового регулирования. Научная значимость исследования обоснована анализом развития рынка электронной коммерции в РК. Практическая значимость исследования обоснована возможностью использования материалов исследования оценке государственного управления электронной коммерцией в РК. Исследование осуществлялось в рамках доступной информации международных, государственных и общественных организаций, а также научно-практических публикаций в ведущих изданиях периодической печати и интернете. Исследование проводилось с использованием аналитических, сравнительных и оценочных методов, на основе статистических данных, по которым были сделаны следующиевыводы и предложены рекомендации: развитие логистических центров и сортировочных центров; назначение налоговых преференций и введение моратория на налоги для интернет-компаний; интеграция процессов БВУ в межбанковскую систему платежных карт; снижение комиссий по имуществу, подлежащему использованию физическими лицами. The aim of the study is to assess the state administration of e-commerce development in the Republic of Kazakhstan. The development of e-commerce is causing inevitable structural changes in the economy. The complexity of regulating the digital environment lies mainly in its instability, constant development and change. For the first time, legal relations related to the exercise of rights in the digital space, the use of digital data and technologies are becoming the subject of regulation. In the opinion of many lawyers studying this area, the methods of legal regulation should be updated accordingly. The scientific significance of the study is substantiated by an analysis of the development of the e-commerce market in the Republic of Kazakhstan. The practical significance of the research is substantiated by the possibility of using research materials to assess the state management of e-commerce in the Republic of Kazakhstan. The study was carried out within the framework of available information from international, state and public organizations, as well as scientific and practical publications in leading periodicals and the Internet. The research was carried out using analytical, comparative and evaluative methods, based on statistical data, on which appropriate conclusions were made and recommendations were made.

USE OF PASSENGER LOCATION CARDS IN THE ERA OF THE COVID-19 PANDEMIC, AND THE PROCESSING OF PERSONAL DATA OF AIR PASSENGERS

2021 ◽  
Vol 57 ◽  
pp. 2-2
Author(s):  
Katarzyna Biczysko-Pudełko
Keyword(s):  
Personal Data ◽  
The State ◽  
General Data Protection Regulation ◽  
The Public ◽  
General Data ◽  
The Subject ◽  
The Republic ◽  
Questionnaire Method ◽  
General Regulation

Purpose. The aim of the article is to analyse the processing of personal data of air passengers during the SARS-CoV-2 pandemic in the context of doubts that have arisen in connection with the need for these passengers to provide their personal data as part of filling out the Passenger Location Card questionnaire. Method. The research method used in this study is case study. Findings. In the study, it was showed that firstly, the data of air passengers processed in relation to the application of the Passenger Location Card by the State Border Sanitary Inspectorate in Warsaw should be protected under the provisions of the General Regulation on the protection of personal data. Furthermore, their controller, i.e. the State Border Sanitary Inspectorate in Warsaw, did not fulfil its obligations in this regard. This, in effect, justifies the conclusion that the processing process not in accordance with the law on the protection of personal data. Research and conclusions limitations. The analysis concerned only passengers of aircrafts arriving and/or departing from airports located on the territory of the Republic of Poland. Practical implications. The analysis carried out in this study may provide a solution to the issues that have arisen in the public sector with regard to the processing of personal data collected from air passengers on the basis of the Passenger Location Card questionnaire and thus, the conclusions may prove useful for data controllers who should be aware of such problems, but also for air travellers as data subjects who should be protected by the General Data Protection Regulation and their rights in this regard. Originality. This analysis, if only for the reason that it is an analysis of a problem that has come to light relatively recently (March 2020), has so far, only been the subject of consideration in press articles.

POLITICAL ACTIVITIES OF THE ROMAN CATHOLIC CHURCH IN INDEPENDENT LATVIA

Via Latgalica ◽  
2009 ◽  
pp. 78
Author(s):  
Vladislavs Malahovskis
Keyword(s):  
Public Opinion ◽  
Political Parties ◽  
Catholic Church ◽  
Roman Catholic ◽  
The State ◽  
Roman Catholic Church ◽  
Political Activities ◽  
The Public ◽  
The Republic ◽  
The Church

The aim of the paper is to reflect the political activities of the Roman Catholic Church in two periods of the history of Latvia and the Roman Catholic Church in Latvia – in the period of First Independence of the Republic of Latvia, basically in the 1920s, and in the period following the restoration of Latvia’s independence. With the foundation of the independent state of Latvia, the Roman Catholic Church experienced several changes; - bishops of the Roman Catholic Church were elected from among the people; - the Riga diocese was restored the administrative borders of which were coordinated with the borders of the state of Latvia; - priests of the Roman Catholic Church were acting also in political parties and in the Latvian Parliament. For the Church leadership, active involvement of clergymen in politics was, on the one hand, a risky undertaking (Francis Trasuns’ experience), but, on the other hand, a necessary undertaking, since in this way the Roman Catholic Church attempted to exercise control over politicians and also affect the voters in the elections for the Saeima. The status of the Church in the State of Latvia was legally secured by the concordat signed in the spring of 1922 which provided for a range of privileges to the Roman Catholic Church: - other Christian denominations in Latvia are functioning in accordance with the regulations elaborated by the State Control and confirmed by the Ministry of the Interior, but the Roman Catholic Church is functioning according to the canons set by the Vatican; - releasing the priests from military service, introduction of the Chaplaincy Institution; - releasing the churches, seminary facilities, bishops’ apartments from taxes; - a license for the activity of Roman Catholic orders; - the demand to deliver over one of the church buildings belonging to Riga Evangelical Lutherans to the Roman Catholics. With the regaining of Latvia’s independence, the Roman Catholic Church of Latvia again took a considerable place in the formation of the public opinion and also in politics. However, unlike the parliamentarian period of the independent Latvia, the Roman Catholic Church prohibited the priests to involve directly in politics and considered it unadvisable to use the word “Christian” in the titles of political parties. Nowadays, the participation of the Roman Catholic Church in politics is indirect. The Church is able to influence the public opinion, and actually it does. The Roman Catholic Church does not attempt to grasp power, but to a certain extent it can, at least partly, influence the authorities so that they count with the interests of Catholic believers. Increase of popularity of the Roman Catholic Church in the world facilitated also the increase of the role of the Roma Catholic Church in Latvia. The visit of the Pope in Latvia in 1993 was a great event not only for the Catholic believers but also for the whole state of Latvia. In the autumn of 2002, in Rome, a concordat was signed between the Republic of Latvia and the Vatikan which is to be classified not only as an agreement between the Roman Catholic Church in Latvia and the state of Latvia but also as an international agreement. Since the main foreign policy aim of Latvia is integration in the European Union and strengthening its positions on the international arena, Vatican as a powerful political force was and still is a sound guarantee and support in international relations.

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