scholarly journals Crítica à interferência entre os poderes à luz da teoria de luhmann e a nova lei de abuso de autoridade

2020 ◽  
Vol 1 (1) ◽  
Author(s):  
Abel Dionizio Azeredo ◽  
Carlos Eduardo Soares Vaz
Keyword(s):  
State Government ◽  
Executive Branch ◽  
The State ◽  
Niklas Luhmann ◽  
The Public ◽  
Systemic Theory ◽  
Law And Politics ◽  
Relationship Of ◽  
The Relationship ◽  
State Context

<p><strong>Criticism of the interference between powers in the light of luhmann's theory and the new law of abuse of authority</strong></p><p><strong>RESUMO</strong>: O presente artigo busca explicar, à luz da teoria sistêmica de Luhmann, as interações entre Direito e Política, especificamente na relação de poderes no sistema estatal tripartite, culminando na nova lei de abuso de autoridade. Utiliza de metodologia baseada na análise de estudos teóricos, qualitativos e descritivos, através de levantamento de material bibliográfico quanto à teoria sistêmica de Niklas Luhmann aplicada ao contexto estatal brasileiro atual, podendo ser enquadrado no eixo temático Estado, Governo e Sociedade. A pesquisa expõe terminologias dos estudos de Luhmann e seus significados, para compreensão da teoria sistêmica, interligando-se em dois caminhos: a diferenciação entre Direito e Política e seu acoplamento estrutural, apresentando crítica quanto à interferência entre os poderes, especialmente a constituição de um Tribunal Político atuando nas políticas públicas reservadas à Administração Pública do Poder Executivo e, por outro lado, a atuação legiferante dos Poderes Executivo e Legislativo na limitação de atuação do Poder Judiciário, especialmente na recente nova lei de abuso de autoridade.</p><p><strong>Palavras-chaves</strong>: Poderes estatais, direito e política, teoria sistêmica de Niklas Luhmann, tribunal político, lei de abuso de autoridade.</p><p><strong>Abstract:</strong> This article seeks to explain, in the view of Luhmann's systemic theory, the interactions between Law and Politics, specifically in the relationship of powers in the state tripartite system, culminating in the new law of abuse of authority. It uses a methodology based on the analysis of theoretical, qualitative and descriptive studies, through the survey of bibliographic material regarding niklas Luhmann's systemic theory applied to the current Brazilian state context, and can be framed in the state, government and society thematic axis. The research exposes terminologies of Luhmann's studies and its meanings, to understand systemic theory, interconnecting in two paths: the differentiation between Law and Politics and its structural coupling, presenting criticism about the interference between the powers, especially the constitution of a Political Court acting in public policies reserved for the Public Administration of the Executive Branch and, on the other hand, the legiferante action of the Executive and Legislative Branches in limiting the judiciary, especially in the recent new law of abuse of authority.</p><p><strong>Keywords</strong>: State powers, law and politics, Niklas Luhmann systemic theory, political court, authority abuse law.</p><p><strong>Data da submissão: 03/11/2020</strong><br /><strong>Data da aceitação: 18/05/2020</strong></p>

Concluding Remarks to Part 3

2018 ◽  
Author(s):  
Jonathan Preminger
Keyword(s):  
Government Policy ◽  
The State ◽  
Political Community ◽  
Individual Responsibility ◽  
The Political ◽  
The Public ◽  
The Third ◽  
Third Sphere ◽  
Relationship Of ◽  
The Relationship

Chapter 15 summarizes the chapters which addressed the third sphere, the relationship of labor to the political community. It reiterates that since Israel was established, the labor market’s borders have become ever more porous, while the borders of the national (Jewish) political community have remained firm: the Jewish nationalism which guides government policy is as strong as ever. NGOs, drawing on a discourse of human rights, are able to assist some non-citizens but this discourse also resonates with the idea of individual responsibility: the State is no longer willing to support “non-productive” populations, who are now being shoehorned into a labor market which offers few opportunities for meaningful employment, and is saturated by cheaper labor intentionally imported by the State in response to powerful employer lobbies. These trends suggest a partial reorientation of organized labor’s “battlefront”, from a face-off with capital to an appeal to the public and state.

Enlightenment and Utility: Informational Film as Useful Cinema

2018 ◽  
Author(s):  
C. Claire Thomson
Keyword(s):  
Interest Groups ◽  
The State ◽  
Scholarly Work ◽  
Research Methodologies ◽  
Moving Image ◽  
The Public ◽  
History Of ◽  
The 1960S ◽  
Relationship Of ◽  
The Relationship

This chapter outlines recent scholarly work on film made for purposes other than entertainment: to persuade, instruct and inform. Throughout the history of the moving image, governments, businesses and other interest groups have used film to educate their workers and the public, establishing networks and mechanisms to produce, screen and distribute predominantly short and narrow-gauge films, often on an international scale, and outside the theatrical cinema circuit. Such filmmaking has been termed ‘useful cinema’; this chapter explains how and why scholarly interest in the phenomenon has increased since the late 2000s, discusses the taxonomy of its various sub-genres, and outlines emerging research methodologies. The chapter also situates Danish informational film within this critical and historical framework. A brief outline is provided of the Danish institutions involved in producing and distributing informational cinema from the 1930s to the 1960s, including Dansk Kuturfilm and Ministeriernes Filmudvalg, covering extant scholarship in the field, and the relationship of the commissioned film and the state.

On the Volatile Relationship of Secularization and New Religious Movements

2017 ◽  
Author(s):  
David Holland
Keyword(s):  
Religious Movements ◽  
New Religious Movements ◽  
Illustrative Case ◽  
Religious Groups ◽  
Christian Science ◽  
The Public ◽  
Public Action ◽  
Public Square ◽  
Relationship Of ◽  
The Relationship

This chapter considers the complex relationship between secularization and the emergence of new religious movements. Drawing from countervailing research, some of which insists that new religious movements abet secularizing processes and some of which sees these movements as disproving the secularization thesis, the chapter presents the relationship as inherently unstable. To the extent that new religious movements maintain a precarious balance of familiarity and foreignness—remaining familiar enough to stretch the definitional boundaries of religion—they contribute to secularization. However, new religious movements frequently lean to one side or other of that median, either promoting religious power in the public square by identifying with the interests of existing religious groups, or emphasizing their distinctiveness from these groups and thus provoking aggressive public action by the antagonized religious mainstream. This chapter centres on an illustrative case from Christian Science history.

State and religion in a revolutionary era: perspectives and demands of the Islamic awakening†

2013 ◽  
Vol 6 (3) ◽  
pp. 325-340
Author(s):  
Ridwan Al-Sayyid
Keyword(s):  
Political Islam ◽  
The State ◽  
The Other ◽  
Revolutionary Era ◽  
The Public ◽  
Major Threat ◽  
Arab Uprisings ◽  
Holding Power ◽  
Main Disadvantage ◽  
The Relationship

This paper tackles the relationship between Islam and the state in light of the ongoing revolutions. It focuses on two perspectives: the Islamists' claim that the Shari'a and not the umma (community) are the source of legitimacy in the evolving regimes; and that it is the duty of the state to protect religion and apply the Shari'a. The main disadvantage of these propositions is that they preclude the Umma both from political power and Shari'a, thus pitting it against these two assets which become manipulated to its disadvantage by those holding power. On the other hand, an open-minded and reformist Islamic perspective believes in people regaining the prerogative to rule themselves, guided by their intellect and the public good. The main call for the Arab uprisings is to quit political Islam, which seems to be the major threat to religion, and dangerously divisive for societies.

scholarly journals Grid Governance in China under the COVID-19 Outbreak: Changing Neighborhood Governance

2021 ◽  
Vol 13 (13) ◽  
pp. 7089
Author(s):  
Tianke Zhu ◽  
Xigang Zhu ◽  
Jian Jin
Keyword(s):  
State Government ◽  
Local Governance ◽  
The State ◽  
Reciprocal Relationship ◽  
Private Governance ◽  
Neighborhood Organizations ◽  
Housing Privatization ◽  
Epidemic Period ◽  
Neighborhood Governance ◽  
Relationship Of

Housing commodification seems to suggest that a process of a state is embracing private governance. However, private governance in Chinese neighborhoods is a two-way trajectory. This paper examined two types of housing neighborhoods, namely, a work-unit housing neighborhood and gated commodity housing to understand the changes in neighborhood governance. It is interesting to observe that during the Covid-19 epidemic period, the state government enhanced its presence and public trust in neighborhood governance by changing the former ways of self-governance. As a strategy for the state to return to local governance, the grid governance is the reconfiguration of administrative resources at a neighborhood level and professionalizes neighborhood organizations to ensure the capacities of the state to solve social crises and neighborhood governance. The potential side effects of changing neighborhood governance are that while the implementation of grid governance has improved internal connections among residents, the empowered neighborhood governments acting as the “state agent on the ground” leads to an estrangement between residents and private governance. The underdevelopment of neighborhood autonomy is not only due to the restriction of state government, but more importantly, the reciprocal relationship of state-led neighborhood governance in the context of housing privatization development in China.

Jainism in Danger? Temple entry and the rhetoric of religion and reform in post-colonial India

2020 ◽  
pp. 1-37
Author(s):  
MANISHA SETHI
Keyword(s):  
Twentieth Century ◽  
The State ◽  
The Other ◽  
Post Colonial ◽  
Colonial India ◽  
The Public ◽  
Public Debates ◽  
Definition Of ◽  
Open The Doors ◽  
The Relationship

Abstract A bitter debate broke out in the Digambar Jain community in the middle of the twentieth century following the passage of the Bombay Harijan Temple Entry Act in 1947, which continued until well after the promulgation of the Untouchability (Offences) Act 1955. These laws included Jains in the definition of ‘Hindu’, and thus threw open the doors of Jain temples to formerly Untouchable castes. In the eyes of its Jain opponents, this was a frontal and terrible assault on the integrity and sanctity of the Jain dharma. Those who called themselves reformists, on the other hand, insisted on the closeness between Jainism and Hinduism. Temple entry laws and the public debates over caste became occasions for the Jains not only to examine their distance—or closeness—to Hinduism, but also the relationship between their community and the state, which came to be imagined as predominantly Hindu. This article, by focusing on the Jains and this forgotten episode, hopes to illuminate the civilizational categories underlying state practices and the fraught relationship between nationalism and minorities.

Reconceptualizing the Public Spaces of New Urban Areas in Hanoi: The End or the New of Public-Making?

2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Minh-Tung Tran ◽  
◽  
Tien-Hau Phan ◽  
Ngoc-Huyen Chu ◽  
◽  
...  
Keyword(s):  
Public Space ◽  
Urban Areas ◽  
Public Spaces ◽  
The Public ◽  
Doi Moi ◽  
The World ◽  
Relationship Of ◽  
The Relationship ◽  
The City ◽  
Neighborhood Level

Public spaces are designed and managed in many different ways. In Hanoi, after the Doi moi policy in 1986, the transfer of the public spaces creation at the neighborhood-level to the private sector has prospered na-ture of public and added a large amount of public space for the city, directly impacting on citizen's daily life, creating a new trend, new concept of public spaces. This article looks forward to understanding the public spaces-making and operating in KDTMs (Khu Do Thi Moi - new urban areas) in Hanoi to answer the question of whether ‘socialization’/privatization of these public spaces will put an end to the urban public or the new means of public-making trend. Based on the comparison and literature review of studies in the world on public spaces privatization with domestic studies to see the differences in the Vietnamese context leading to differences in definitions and roles and the concept of public spaces in KDTMs of Hanoi. Through adducing and analyzing practical cases, the article also mentions the trends, the issues, the ways and the technologies of public-making and public-spaces-making in KDTMs of Hanoi. Win/loss and the relationship of the three most important influential actors in this process (municipality, KDTM owners, inhabitants/citizens) is also considered to reconceptualize the public spaces of KDTMs in Hanoi.

Institutional pressures influencing environmental management accounting adoption by Malaysian local governments

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Che Ku Hisam Che Ku Kassim ◽  
Noor Liza Adnan ◽  
Roziani Ali
Keyword(s):  
Environmental Management ◽  
State Government ◽  
Local Governments ◽  
Management Accounting ◽  
The State ◽  
Institutional Pressures ◽  
Content Type ◽  
The Public ◽  
Reporting Practices ◽  
Environmental Management Accounting

Purpose Because of the heightened environmental awareness of the public, local governments (LGs) are being pressured to improve on the extent and quality of environmental disclosures (EDs) provided in an array of reporting media. The lack of an accounting tool to identify, measure and report EDs has propelled the infusion of environmental management accounting (EMA) to support the reporting practices. This paper aims to examine the institutional pressures influencing EMA adoption by Malaysian LGs. Design/methodology/approach Using the consensus approach, a self-administered questionnaire survey is conducted on accountants in LGs in Peninsular Malaysia. The items in the questionnaire are based on the findings of prior studies on EMA adoption. Findings The results suggest that coercive isomorphism from the state government is perceived to be the influential institutional factor placing intense pressures on LGs to adopt EMA. Research limitations/implications The results solidify the potential role of the state government in any public policy changes which could further stimulate and promote the adoption of EMA. Originality/value Insufficient empirical evidence on the adoption of EMA in LGs within a developing country’s perspective contributes to a limited understanding on the development of environmental-related practices in different economic stages and environment as well as within the public sector’s perspective.

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