scholarly journals The Genesis of Corruption—the Dominant Features of Contemporary Societies of the Colonial Past Inheritance

2021 ◽  
Vol 9 (2) ◽  
pp. 201
Author(s):  
Miroslav Kuka
Keyword(s):  
Social Change ◽  
Rule Of Law ◽  
Social Practice ◽  
Social Problems ◽  
Business Models ◽  
Social Innovation ◽  
Organizational Models ◽  
The Rule Of Law ◽  
Institutional Practice ◽  
Social Innovations

One of the most significant characteristics of the contemporary society is the continuous and an intense social change. This continuous social change initiates a special subject of research into social practice, which envisages in social innovations, influencing to change the life style of citizens of a society. Social innovations are encouraged through the interaction of the institutional networks and individuals and changes can be visible in practice, processes, business models, and organizational forms, all in order to respond to a social problem. In addition to historical and political conditions, social innovations are also determined through cultural patterns, in a manner that not every social innovation will aim to develop potential and seek to answers to social problems. In contemporary societies of the 21st century with a colonial past (inheritance), the inherited cultural and historical patterns are just the crucial components which creating social problems, by developing organizational models of corruption, as a parallel form of functioning of the rule of law. The institutional practice within the Serbian institutions through a direct research in the form of this paper, considering period from 2009 to 2021, serves to analyze the genesis of the emergence and development of corruption, i.e., an illegal use of the system of positions (status) for the purpose of gaining one's own benefit and collapsing the rule of law. Simultaneously, the paper provides with a hypothetical answer to explain how corruption, as the primary form of a social innovation in the countries of “colonial democracy inheritance”, can potentially suppress.

Are Ethnic Entrepreneurs Social Innovators? Turkish Migrant Entrepreneurs in Salzburg

2016 ◽  
Vol 6 (2) ◽  
pp. 363-371
Author(s):  
Heiko Berner
Keyword(s):  
Labour Market ◽  
Social Problems ◽  
Social Innovation ◽  
Strict Sense ◽  
Labour Market Situation ◽  
Ethnic Business ◽  
Turkish Migrants ◽  
Social Innovations ◽  
Definition Of ◽  
Ethnic Businesses

Social innovations are targeted measures that are capable to resolve social problems (Rammert 2010) and they are directed towards an improvement of the situation (Gillwald 2000). Finally, they are directed towards an amelioration of the situation (Gillwald 2000). In Austria it is argued that ethnic business represents a type of social innovation (Haberfellner 2000). The question the paper addresses is if and to what extent ethnic business goes hand in hand with social developments and possibly boosts social change. Entrepreneurs of Turkish origin in Salzburg are the focus of analysis. The paper starts with a definition of the term ‚social innovation‘ (1), the issues of ethnic vs. migrant business (2.), followed by the description of the labour market situation of Turkish migrants in Salzburg and discrimination in the labour market (3.), and, to to round up, the analysis of biographic interviews with Turkish entrepreneurs in Salzburg (4.). The preliminary results show that there exist social problems such as the lower socio-economic situation of Turkish migrants in Salzburg and discrimination in the labour market. These problems can be seen as basis for the need of social innovations. But nevertheless Turkish run ethnic businesses in a strict sense of the word are no social innovation because they do not act against the problems in an intended way; they rather work on their own account. They may overcome disadvantages on the labour market but their actions are not directed towards overcoming the problem per se. It is much rather a transintentional aspect (Schimank 2010), which goes beyond the economic interest of the actors.

Lawyers as Activists

2018 ◽  
Author(s):  
Michael C. Dorf ◽  
Michael S. Chu
Keyword(s):  
United States ◽  
Social Media ◽  
Social Change ◽  
Civil Rights ◽  
Rule Of Law ◽  
The United States ◽  
The Rule Of Law ◽  
Court Action ◽  
The Government ◽  
Trump Administration

Lawyers played a key role in challenging the Trump administration’s Travel Ban on entry into the United States of nationals from various majority-Muslim nations. Responding to calls from nongovernmental organizations (NGOs), which were amplified by social media, lawyers responded to the Travel Ban’s chaotic rollout by providing assistance to foreign travelers at airports. Their efforts led to initial court victories, which in turn led the government to soften the Ban somewhat in two superseding executive actions. The lawyers’ work also contributed to the broader resistance to the Trump administration by dramatizing its bigotry, callousness, cruelty, and lawlessness. The efficacy of the lawyers’ resistance to the Travel Ban shows that, contrary to strong claims about the limits of court action, litigation can promote social change. General lessons about lawyer activism in ordinary times are difficult to draw, however, because of the extraordinary threat Trump poses to civil rights and the rule of law.

scholarly journals The Courts in American Public Culture

Daedalus ◽  
2014 ◽  
Vol 143 (3) ◽  
pp. 140-156 ◽  
Author(s):  
Susan S. Silbey
Keyword(s):  
Social Science ◽  
Rule Of Law ◽  
Legal Reasoning ◽  
Public Culture ◽  
Science Literature ◽  
The Rule Of Law ◽  
Institutional Practice ◽  
The Social ◽  
Social Science Literature ◽  
Public Imagination

In American public imagination, courts are powerful but also impotent. They are guardians of citizens' rights but also agents of corporate wealth; simultaneously the least dangerous branch and the ultimate arbiters of fairness and justice. After recounting the social science literature on the mixed reception of courts in American public culture, this essay explains how the contradictory embrace of courts and law by Americans is not a weakness or flaw, nor a mark of confusion or naïveté. Rather, Americans' paradoxical interpretations of courts and judges sustain rather than undermine our legal institutions. These opposing accounts are a source of institutional durability and power because they combine the historical and widespread aspirations for the rule of law with a pragmatic recognition of the limits of institutional practice; these sundry accounts balance an appreciation for the discipline of legal reasoning with desires for responsive, humane judgment.

scholarly journals ЗАСТОСУВАННЯ ТА ІНТЕРПРЕТАЦІЯ ПРИНЦИПУ ВЕРХОВЕНСТВА ПРАВА У КОНСТИТУЦІЙНОМУ ПРАВОСУДДІ

2019 ◽  
Vol 13 ◽  
pp. 41-49
Author(s):  
О. І. Махніцький
Keyword(s):  
Rule Of Law ◽  
Social Problems ◽  
The Body ◽  
Constitutional Court ◽  
The Rule Of Law ◽  
Constitutional Justice

Стаття присвячена проблемам застосування та інтерпретації принципу верховенства права в конституційному правосудді. Автор аналізує інтерпретаційну практику Консти­туційного Суду України та доктринальні позиції органу конституційної юрисдикції щодо сутності та змісту верховенства права. Робиться висновок щодо вирішального значення принципу верховенства права у діяльності органу конституційної юрисдикції з метою гарантування верховенства Конституції України як Основного Закону держави на всій території України, а також резюмується, що діяльність Конституційного Суду України щодо відправлення конституційного судочинства сьогодні пов'язана з необхідністю ви­рішення складних суспільних проблем, пошуком та визначенням «розуміння» права взагалі та верховенства права зокрема.   The article is dedicated to the Implementation and Interpretation of rule of law principle in Constitutional Justice. The author analyzes interpretation practices of the Constitutional Court of Ukraine and doctrinal positions of the body of Constitutional Justice in relation to the essence and content of the rule of law. The author comes to the conclusion about the utmost significance of the principle of rule of law in the work of the body of Constitutional jurisdiction to ensure supremacy of Ukrainian Constitution as the Supreme Law on the territory of Ukraine. In summary the author states that all activities of the Constitutional Court today are aimed at the necessity to resolve complex social problems and the need to comprehend the notion of law and rule of law in particular.

SOCIAL CONFLICT AND SOCIAL INNOVATION

2017 ◽  
Vol 51 (01n02) ◽  
pp. 3-25
Author(s):  
NGAI KUEN ALVIN KWOK
Keyword(s):  
Social Change ◽  
Social Innovation ◽  
Social Conflict ◽  
Resistance To Change ◽  
Social Practices ◽  
Social Enterprises ◽  
Negative Side ◽  
Social Innovations ◽  
The Relationship ◽  
Cultural Turn

While the spot light in recent years is focusing on the merits of social enterprises and their contributions to social innovation, this paper tries to look from a different angle on social innovation — on the relationship between social conflict and social innovation. From the perspective of social change, social conflict will inevitably bring about change even though forces of resistance to change may also exist at the same time. No matter such change is on the positive or negative side, and no matter how significant or immaterial it is, social change is manifested in the form of new social practices, norms, new values, or even new culture. Starting from an attempt on conceptualization of social innovation, this paper argues that social conflict can bring forth social innovation, provided that the former meets essential criteria and conditions. It urges for an enabling environment that will foster social conflicts into social innovations. It further argues that a cultural turn may be the keystone for such a change to occur.

scholarly journals Social Innovation: Integrating Micro, Meso, and Macro Level Insights From Institutional Theory

2018 ◽  
Vol 58 (5) ◽  
pp. 887-918 ◽  
Author(s):  
Jakomijn van Wijk ◽  
Charlene Zietsma ◽  
Silvia Dorado ◽  
Frank G. A. de Bakker ◽  
Ignasi Martí
Keyword(s):  
Institutional Theory ◽  
Social Problems ◽  
Social Innovation ◽  
Special Issue ◽  
Cycle Model ◽  
Multiple Systems ◽  
Introductory Article ◽  
Social Innovations ◽  
Innovative Solutions ◽  
Innovation Processes

Social innovations are urgently needed as we confront complex social problems. As these social problems feature substantial interdependencies among multiple systems and actors, developing and implementing innovative solutions involve the re-negotiating of settled institutions or the building of new ones. In this introductory article, we introduce a stylized three-cycle model highlighting the institutional nature of social innovation efforts. The model conceptualizes social innovation processes as the product of agentic, relational, and situated dynamics in three interrelated cycles that operate at the micro, meso, and macro levels of analysis. The five papers included in this special issue address one or more of these cycles. We draw on these papers and the model to stimulate and offer guidance to future conversations on social innovations from an institutional theory perspective.

scholarly journals Towards a Single Government Approach via Further Consolidation of Law and Order in Estonia, with Domestic Violence as an Example

2018 ◽  
Vol 27 ◽  
pp. 104-116
Author(s):  
Raul Narits ◽  
Silvia Kaugia ◽  
Iris Pettai
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Social Problems ◽  
Legal Practice ◽  
Law And Order ◽  
Special Interests ◽  
Law Enforcement Agencies ◽  
Extensive Experience ◽  
The Rule Of Law ◽  
Positive Nature

An appropriate ‘solution pattern’ for social problems in a state based on the rule of law entails the existence of corresponding legislative regulations. The solution should be approved at the level of a law as a legislative act of supreme juridical power. A solution created at that level would fully correspond to the principle of rule of law and also minimise the possibility of socalled departmental special interests prevailing, in recognition that this danger accompanies efforts toward the solution of every multifaceted problem. The authors find that, since Estonia already possesses relatively extensive experience in legislative consolidation for various aspects of the society’s reality, with most of this experience being of a positive nature, it would be a most welcome development if the issue of DV were to be included in the current process of consolidation under the auspices of the project Towards the Development of Better Legislation. Legislative drafting is stimulated by the perception of acute social problems and of a need to regulate them by legislative means. Results from 2014 and 2017 surveys show that Estonia’s legal practitioners perceive DV as a problem the causes of which demand research and whose victims require help. Most legal practitioners surveyed encountered DV in their day-to-day work, with prosecutors and police detectives bearing the heaviest burden: it consumed nearly one third of their work hours. A serious problem was identified in prejudice and stereotypes, which yield an oversimplified and distorted image of the actual causes of DV, in which the victim frequently is considered responsible. Both the general population and legal practitioners widely share the erroneous impression that the victims could avoid violence through ‘appropriate conduct’. Such stereotypic attitudes wherein victims are considered partially to blame for violence can obstruct the work of law-enforcement agencies. While the idea of a special law on DV found support and scepticism in roughly equal measure, support for it increased significantly when respondents judged the concrete opportunities and solutions offered by such a law. These legal practitioners perceived numerous bottlenecks and unsolved problems in relation to the existing legislative regulation and legal practice, which one would expect to be overcome through a special law on DV. The authors conclude from the survey-based findings that Estonia’s legal practitioners demonstrate considerable anticipation for a law on DV. The participants in the surveys also perceived an increasing need for co-operation with law-enforcement agencies in this regard – i.e., for concentrating on collaboration within this domain. However, the authors consider it undoubtedly important also to increase the involvement of specialists in the DV field: victim support services, staff of women’s shelters, and municipal social workers. 

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