La corrupción. Algunas consideraciones conceptuales y contextuales

2016 ◽  
pp. 25-41
Author(s):  
Jorge Francisco MALEM SEÑA
Keyword(s):  
Legal System ◽  
Political Corruption ◽  
Political Elites ◽  
Rational Decision ◽  
Private Activity ◽  
Single Term ◽  
The World ◽  
Political Economic

LABURPENA: Ustelkeria fenomeno unibertsala da. Herrialde, aro, sistema juridiko-politiko eta jarduera publiko edo pribatu guztietara hedatu da. Hala ere, eremu zehatz batzuk direla-eta, ustelkeria errazago hedatzen da planetako zenbait tokitan beste batzuetan baino. Azalpen ona izan daiteke ustelkeria tresna bat dela helburu politiko, ekonomi edo sozial batzuk lortzeko. Esangura horretan, ustelkeria erabiltzea agente ustelaren erabaki arrazionala da. Hori dela eta, elite politikoek eta gizarteak, orokorrean, ez dute beti ustelkeria gaitzetsi. Lan honetan, ustelkeria pizten den hamar testuinguru aztertu dira. Eszenatoki horiek guztiak honelaxe laburbil daitezke: zigorgabetasuna. Zuzenbidea ez denean eragingarria, ustelkeria loratzen da. Ustelkeria politikoa ustelkeriaren eta zigorgabetasunaren aurrean erakutsitako adierazpen bat baino ez da. Zigorgabetasuna amaitzea giza lazeria horri aurre egiteko forma bat da. RESUMEN: La corrupción es un fenómeno universal. Ha atravesado todos los países, todas las épocas, todos los sistemas jurídico-políticos y cualquier actividad pública o privada. A pesar de ello existen ámbitos que provocan que la corrupción se expanda más en algunas zonas del planeta que en otra. Una explicación plausible es que la corrupción juega un papel instrumental para alcanzar determinados fines políticos, económicos o sociales. En ese sentido su uso se corresponde con una decisión racional del agente corrupto. Por ese motivo, las actitudes frente a la corrupción no han sido siempre de rechazo, ni por parte de las élites políticas, ni por parte de la ciudadanía en general. En este trabajo se analiza diez contextos donde se incentiva la corrupción. Estos escenarios pueden resumirse en un único término: impunidad. Cuando el derecho es ineficaz florece la corrupción. La corrupción política es una manifestación más de las actitudes frente a la corrupción y de la ineficacia punitiva. Acabar con la impunidad supone una de las formas de oponerse a esta calamidad humana. ABSTRACT: Corruption is a global phenomenon. It has been experienced by all countries at all times, in any political-legal system and any public or private activity. In spite of this, there are fields that provoke the expansion of corruption to some areas of the world more than others. A plausible explanation would be that corruption plays an instrumental part for the purpose of achieving some political, economic or social aims. In that regard, its usage corresponds with a rational decision by a corrupt agent. That is why the attitudes towards corruption have not always been of rejection not by political elites not by citizenship in general. We analyze in this work ten contexts where corruption is stimulated. These scenarios can be summarized in a single term: impunity. When law is ineffective, corruption thrives. Political corruption is another manifestation of the attitudes towards corruption and of the punitive ineffectiveness. Erradicating impunity is one of the forms of opposition against this human calamity.

Adab Konstitusi; Upaya Meluruskan Kesesatan Pikir Konstitusi

2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Yogi Prasetyo
Keyword(s):  
Legal System ◽  
The Political ◽  
Legal Basis ◽  
Political Interests ◽  
The World

The Constitution as the legal basis for formation of legislation in the system of Indonesia. The misuse of the constitution (UUD 1945) by the political interests of goverment caused mislead and made the situation of the nation getting worse. Liberal capitalistic value wrapped in modern positivistic legal system that puts the ratio had diverge from culture constitution. needs to be clarified with the balance of conscience through culture constitution. Culture constitution is a constitutional concept who saw citizen of Indonesia as creatures of God by virtue of intelligence and unseen. So with that constitution is formed, conceived and executed to be qualified and to bring the benefit of the world and the hereafter.

SAYYID ABUL AÑLÓ MAWDÕDÔ’S VIEWS ON IJTIHÓD AND THEIR RELEVANCE TO THE CONTEMPORARY MUSLIM SOCIETY

2010 ◽  
Vol 6 (2) ◽  
pp. 121
Author(s):  
Munawar Haque
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Legal Aspect ◽  
Academic Research ◽  
Spiritual Leadership ◽  
Legislative Process ◽  
Islamic Revival ◽  
Muslim Society ◽  
The One ◽  
Political Economic

Abstract  The purpose of this article is to explore the views of Sayyid Abul AÑlÉ MawdËdÊ[1] on ijtihÉd.[2] It intends to trace the origins of MawdËdÊ’s ideas within the social, cultural and political context of his time, especially the increasing influence of modernity in the Muslim world.  The study will show that MawdËdÊ’s understanding of ijtihÉd and its scope demonstrates originality.  For MawdËdÊ, ijtihÉd is the concept, the process, as well as the mechanism by which the SharÊÑah,[3] as elaborated in the Qur’Én and the Sunnah[4] is to be interpreted, developed and kept alive in line with the intellectual, political, economic, legal, technological and moral development of society.  The notion of ijtihÉd adopted by MawdËdÊ transcends the confines of Fiqh[5] (jurisprudence) and tends therefore to unleash the dormant faculties of the Muslim mind to excel in all segments of life.   [1] Sayyid Abul AÑlÉ MawdËdÊ was born on September 25, 1903 in Awrangabad, a town in the present Maharashtra state of India in a deeply religious family.  His ancestry on the paternal side is traced back to the Holy Prophet (peace be upon him).  The family had a long-standing tradition of spiritual leadership, for a number of MawdËdÊ’s ancestors were outstanding leaders of ØËfÊ Orders.  One of the luminaries among them, the one from whom he derives his family name, was KhawÉjah QuÏb al-DÊn MawdËd (d. 527 AH), a renowned leader of the ChishtÊ ØËfÊ Order. MawdËdÊ died on September 22, 1979. See Khurshid Ahmad and Zafar Ishaq Ansari, “MawlÉnÉ Sayyid Abul AÑlÉ MawdËdÊ: An Introduction to His Vision of Islam and Islamic Revival,”, in Khurshd Ahmad and Zafar Ishaq Ansari (eds.) Islamic Perspectives: Studies in Honour of MawlÉnÉ Sayyid Abul A’lÉ MawdËdÊ,  (Leicester: The Islamic Foundation,1979), 360. [2]  In Islamic legal thought, ijtihÉd is understood as the effort of the jurist to derive the law on an issue by expending all the available means of interpretation at his disposal and by taking into account all the legal proofs related to the issue.  However, its scope is not confined only to legal aspect of Muslim society.  MawdËdÊ’s concept of ijtihÉd is defined as the legislative process that makes the legal system of Islam dynamic and makes its development and evolution in the changing circumstances possible.  This results from a particular type of academic research and intellectual effort, which in the terminology of Islam is called ijtihÉd.  The purpose and object of ijtihÉd is not to replace the Divine law by man made law.  Its real object is to properly understand the Supreme law and to impart dynamism to the legal system of Islam by keeping it in conformity with the fundamental guidance of the SharÊÑah and abreast of the ever-changing conditions of the world.  See Sayyid Abul AÑlÉ MawdËdÊ, The Islamic Law and Constitution, translated and edited by Khurshid Ahmad, (Lahore: Islamic Publications Ltd, 1983), 76.[3] SharÊÑah refers to the sum total of Islamic laws and guidance, which were revealed to the Prophet MuÍammad (peace be upon him), and which are recorded in the Qur’Én as well as deducible from the Prophet’s divinely guided lifestyle (called the Sunnah). See Muhammad ShalabÊ, al-Madkhal fÊ at-TaÑ’rÊf  b alil-Fiqh al-IslÉmÊ, (Beirut: n.p., 1968),.28.[4]Sunnah is the way of life of the Prophet (peace be upon him), consisting of his sayings, actions and silent approvals. It is also used to mean a recommended deed as opposed to FarÌ or WÉjib, a compulsory one.[5]  Originally Fiqh referred to deliberations related to one’s reasoned opinion, ra’y.  Later the expression Fiqh evolved to mean jurisprudence covering every aspect of Islam.  It is also applied to denote understanding, comprehension, and profound knowledge. For an excellent exposition on the meaning of Fiqh, see Imran Ahsan Khan Nyazee, Theories of Islamic law: The methodology of ijtihÉd, (Delhi: Adam Publishers & Distributors, 1996), 20-22.

Ten Pages that Changed the World: Deconstructing Ricardo∗

2009 ◽  
Vol 2 (1) ◽  
pp. 1-33 ◽  
Author(s):  
Richard Peet
Keyword(s):  
Free Trade ◽  
Economic Geography ◽  
Comparative Advantage ◽  
Development Policy ◽  
Open Market ◽  
Trade Theory ◽  
The World ◽  
Neoliberal Development ◽  
Trading Scheme ◽  
Political Economic

Powerful ideas that shape the world become taken-for-granted verities, in two senses of the term: as the only world that is known; and as the only world that can be imagined. When hegemony controls the imagination, fundamental criticism becomes difficult, and perhaps, impossible. Yet what if there were flaws in the original idea, from which new worlds were constructed, that have materialized in a political-economic geography beset with seemingly unsolvable problems? For example, what if there have always been fundamental flaws in the free trade, open market, competitive, global system that dominates both the world as we know it and the conventional political-economic-geographical thought we know it through? This article speculates that a psycho-discursive act of deconstruction might unravel the entire, subsequent discourse. It aims deconstruction at a founding statement in the free trade, global ideal, by looking critically at David Ricardo's theory of comparative advantage. Ricardo's argument that specialization and free trade are universally beneficial, became a founding premise of conventional economic theory and a basic prescription of liberal and neoliberal development policy. The article looks critically: at the logical consistency and representational accuracy of Ricardo's theory, especially the claim that all participants benefit from participation in a free trading scheme, so that trade brings about a far better world. The article reaches two main, critical conclusions: free trade theory based in comparative advantage has, from the beginning, been an ideology for creating economic spaces open to domination by powerful, leading countries; economics and economic geography have, since their classical beginnings, been biased in that their founding statements reverse the reality they pretend accurately to represent.

China’s Fairness Discourses and Allocation of Climate Responsibility

2021 ◽  
Vol 5 (1) ◽  
pp. 63-95
Author(s):  
Feiyue Li
Keyword(s):  
Climate Change ◽  
Legal System ◽  
Fair Allocation ◽  
Active Engagement ◽  
Global Response ◽  
Climate Change Negotiations ◽  
The World ◽  
International Climate ◽  
International Legal System ◽  
Per Capita

Abstract The idea of ‘fairness’ may be viewed as fundamental to a nation’s participation in the development of the international legal system governing climate change. As the second-largest economy and the largest Greenhouse Gas (GHG) emitter in the world, China’s actions on climate change are critical to the global response. Indeed, international cooperation on climate change is unlikely to succeed without China’s active engagement. Therefore, China’s perception of the fairness of responsibility allocation will significantly influence its attitudes toward its international climate responsibilities. However, limited work has been done to date to concretely examine China’s perspective of the fairness of responsibility allocation and to understand its fairness discourses and practices of climate responsibility in a dynamically evolved process. This article aims to fill that gap in the literature by elucidating how China perceives the fair allocation of climate responsibility and how its fairness discourses and practices have evolved over the course of the three phases of international climate change negotiations. It will be shown that China has perceived the factors of historically accumulated emissions, per capita emissions and capability to lie at the very core of its understanding of fairness.

Appropriating Law in Harriet Beecher Stowe's Dred

2007 ◽  
Vol 62 (3) ◽  
pp. 380-406 ◽  
Author(s):  
Laura H. Korobkin
Keyword(s):  
North Carolina ◽  
Legal System ◽  
Slave System ◽  
Personal Beliefs ◽  
Great Dismal Swamp ◽  
Dismal Swamp ◽  
The World ◽  
The Law ◽  
The Many ◽  
The Individual

This essay investigates Harriet Beecher Stowe's interpolation of State v. Mann, a harsh 1829 North Carolina proslavery decision, into her 1856 novel Dred: A Tale of the Great Dismal Swamp. The essay argues that Stowe's use of State v. Mann continues a conversation about slavery that had been carried on through its text for many years in abolitionist writings. Bringing State v. Mann's circulation history into view shows Stowe engaging the antislavery establishment as well as the legal system, borrowing and imitating its techniques for handling proslavery materials. If her novel is infiltrated and structured by the many legal writings that it assimilates, its fictive world in turn infiltrates, interprets, and alters the significance of the writings she employs, so that proslavery legal writings are made to testify strongly against the slave system that they originally worked to maintain and enforce. Stowe's hybrid text dominates the law while smoothly assimilating it into an interpretive fictive context. Simultaneously, Stowe's typographical cues remind readers of State v. Mann's ongoing, destructive extratextual legal existence. By linking fictive context to legal content, Stowe's novel suggests that slave law must be read and interpreted as a unit that includes the individual suffering it imposes. Misreading State v. Mann as revealing its author's belief in the immorality of slavery, Stowe constructs a fictional judge who upholds slave law despite his personal beliefs. By absorbing, imitating, and besting the strategies and the reach of both legal and abolitionist writings, Dred implicitly stakes a claim for the superior power of political fiction to act in the world.

scholarly journals A Brief Study of Principles and Conditions of Certain Authorities of Religious Minorities in Iran’s Law

2016 ◽  
Vol 12 (3) ◽  
pp. 196
Author(s):  
Abdossaeid Badiei Khorsand ◽  
Farhad Parvin
Keyword(s):  
Small Groups ◽  
Legal System ◽  
Ethnic Background ◽  
Religious Minorities ◽  
Civil Action ◽  
The World

<p>There is hardly a country or a government in the world which all its citizens are of the same race or ethnic background, speak the same language or follow the same religion. Indeed, there is one majority in most countries in the world which have the same history, culture, language, religion and nationality. Besides, there are some small groups in those countries that have their own ethnical, lingual and religious characteristics called minorities. The religious minorities which are part of each society are citizens of that society and as a result, they have the rights and promises like other citizens in the same society. Religious minorities have always been given special attention in holy Sharia of Islam and they have lived next to Muslims during centuries and, consequently, they have had rights and promises. One of the privileges given to the religious minorities is their legal independence for taking civil action by religious minorities. Such issue has been considered by legislator in different laws in Iran. So that it necessitates an analysis of its principles and conditions for taking civil actions concerning the approved laws in legal system of Iran. The present paper aims at shedding some lights on the same subject. </p>

scholarly journals Good Governance with Chinese characteristics: A perspective of China's Socialist Model

2015 ◽  
Vol 5 (3) ◽  
pp. 36
Author(s):  
Hans Nibshan Seesaghur
Keyword(s):  
Good Governance ◽  
State Intervention ◽  
Public Affairs ◽  
Governance System ◽  
Public Governance ◽  
Chinese Characteristics ◽  
The World ◽  
New Ideas ◽  
International Standing ◽  
Political Economic

Since the 1990s, scholars around the world have focused on the complexities of governance reforms. The vicissitudes of the 21st century witnessed global waves for public administration reforms. China, a fast developing socialist country, has been building a strong, robust and modern public governance system. The Socialist Governance of China with Chinese characteristics brought considerable changes in the political, economic and social spheres, transforming the lives of people for betterment. By bringing about economic development through state intervention, introducing rule of law upholding the significance of its people, fostering new ideas, and ushering the ideology of nationalism through “China Dream”, President Xi Jinping and his socialist governance policies have created an excellent example in the world, particularly the capitalist society, demonstrating how society can be developed through socialist ways. Yet, the dynamics of Chinese governance has always been part science and part mystery to other governments that have earned legitimacy through elections, while China’s leaders earned its legitimacy through selection of the most able and their performance in delivering sustained improvements in the quality of life of the Chinese citizens and China's international standing. This paper deals with assessing the relevance of China’s Socialist governance evolution into a science of managing public affairs and the pursuit to optimizing its impact on the state’s economic, political and social spheres.

scholarly journals La correspondencia de Ricardo Palma en la Biblioteca Nacional del Perú

Aula Palma ◽  
2019 ◽  
pp. 211-234
Author(s):  
Carlos Alberto Pérez Garay
Keyword(s):  
Research Paper ◽  
The Political ◽  
National Library ◽  
The World ◽  
Political Economic

ResumenEl presente trabajo de investigación describe y analiza la vasta correspondencia que tuvo el escritor limeño con diversos personajes del ámbito político, económico, social y cultural del Perú y del mundo, pertenecientes a la Colección Ricardo Palma de la Biblioteca Nacional delPerú.Palabras Claves: Ricardo Palma, Correspondencia, Biblioteca Nacional AbstractThis research paper describes and analyzes the vast correspondence that the Lima writer had with various characters from the political, economic, social and cultural spheres of Peru and the world, belonging to the Ricardo Palma Collection of the National Library of Peru.Keywords: Ricardo Palma, Correspondence, National Library

scholarly journals EVOLUTION OF THE CONCEPT OF «ARMED CONFLICT»: HISTORICAL, LEGAL AND THEORETICAL AND METHODOLOGICAL ASPECTS

2021 ◽  
Vol 74 (1) ◽  
pp. 20-26
Author(s):  
Oleksandra Severinova ◽  
Keyword(s):  
Armed Conflict ◽  
Armed Conflicts ◽  
Modern World ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Law Of Armed Conflict ◽  
The World ◽  
History Of ◽  
Political Economic ◽  
Methodological Aspects

The article analyzes the theoretical and methodological aspects of the formation and development of doctrinal ideas about the meaning of the concept of «armed conflict» in the history of world political and legal thought. The question of the name of the branch of law that regulates armed conflict, by analyzing its historical names such as «law of war», «laws and customs of war», «law of armed conflict», «international humanitarian law» and «international humanitarian law, used in armed conflicts». As a result of this analysis, it can be concluded that it would be most appropriate to use the terms «international humanitarian law» only in a narrow sense or «international humanitarian law applicable in armed conflicts», which is more cumbersome but most accurately describes the field. It is emphasized that due to the availability of new powerful weapons (economic, political, informational, cultural and weapons of mass destruction), which are dangerous both for the aggressor and for the whole world; the aggressor's desire to downplay its role in resolving conflicts in order to avoid sanctions from other countries and international organizations, as well as to prevent the loss of its authority and position on the world stage; the attempts of the aggressor countries to establish their control over the objects of aggression (including integrating them into their political, economic and security systems) without excessive damage to them is the transformation of methods and means of warfare. It is determined that the long history of the formation of the law of armed conflict has led to the adoption at the level of international law of the provision prohibiting any armed aggression in the world, which is reflected in such a principle as non-use of force or threat of force. At the same time, the UN Charter became the first international act in the history of mankind, which completely prohibited armed aggression and enshrined this principle at the international level, which is binding on all states of the modern world.

scholarly journals The Enigmatic But Unique Nature of the Israeli Legal System

2013 ◽  
pp. 1-23
Author(s):  
Antonios E. Platsas
Keyword(s):  
Supreme Court ◽  
Legal System ◽  
Mixed System ◽  
The Novel ◽  
Cultural Traditions ◽  
Legal Structure ◽  
The World ◽  
Unique Nature ◽  
Israeli Supreme Court ◽  
State Of Affairs

The Israeli legal system is unique in that it straddles the two otherwise opposing worlds of tradition and innovation. This creates an enigma for the comparatist, making the exploration of this system an onerous and challenging task. The author wishes to maintain that the system in question is highly innovative and ascribes this quality to the proactive character of the Israeli Supreme Court, whose activism has had a major impact on the character of the domestic system as a whole. While the author explores the reasons why this has been the case, one of his main concerns in this paper will be to examine the innovative character of the Israeli Supreme Court per se, in comparison with equivalent courts in other parts of the world. In addition the author will seek to establish inter alia the character of the Israeli legal system by focusing on the three different elements that co-exist in the Israeli socio-legal structure (the Jewish element vis-à-vis the Arab element; the Liberal element vis-à-vis the Orthodox element within the Jewish community; and the Civilian element vis-à-vis the Common law element). The author wishes to posit that the amalgamation of different legal and cultural traditions in Israel created a sui generis state of affairs for the legal system as a whole. This results in an overall systemic-methodological amalgamation which does not occur elsewhere in the world. The article concludes that the enigmatic and innovative characteristics of the Israeli legal system derive from the novel way in which the legal mix has occurred in this system (as opposed to the ingredients of the elements in the mix). In this respect, Israel may have contributed much to the reinvigoration of the modern comparative law agenda, and it may continue to do so in the future, as the system is not one of legal stasis (a mixed system) but one of legal kinesis (a mixing system).

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