Remaining Steadfast to the Right, 1859

2017 ◽  
Author(s):  
William F. Moore ◽  
Jane Ann Moore
Keyword(s):  
Abraham Lincoln ◽  
State Legislature ◽  
The State ◽  
Popular Sovereignty ◽  
Declaration Of Independence ◽  
Speaker Of The House ◽  
John Brown ◽  
The Right ◽  
The Impact ◽  
First Session

This chapter examines Abraham Lincoln and Owen Lovejoy's antislavery campaign in 1859. Although he lost in the state legislature in the 1858 elections, Lincoln won the support of legislators representing the majority of voters. This, coupled with Lovejoy's victory, put both men in a position to enhance the Republicans' chances of winning in Illinois in 1860. Lincoln also intensified his political efforts in 1859 by continuing to expose Stephen A. Douglas's distortions of both popular sovereignty and the Declaration of Independence. In a speech in Chicago, he implored the Republicans of Illinois “to keep the faith, to remain steadfast to the right, to stand by your banner...” This chapter first assesses the impact of the 1858 elections on Kansas and the fire-eaters before considering Joseph Lovejoy's betrayal of his brother Owen and the incident involving white abolitionist John Brown. It also discusses the first session of the Thirty-Sixth Congress, where a fierce battle for Speaker of the House erupted, and Lincoln and Lovejoy's preparations for the 1860 elections.

The Right to Housing: Challenges Associated with the ‘Waiting List System’ Ekurhuleni Metropolitan Municipality V Various Occupiers, Eden Park Extension 5 2014 3 SA 23 (SCA)

2017 ◽  
Vol 30 (1) ◽  
pp. 112-121
Author(s):  
Shamier Ebrahim
Keyword(s):  
Supreme Court ◽  
Waiting Lists ◽  
The State ◽  
Waiting List ◽  
Allocation Process ◽  
The Supreme Court ◽  
The Right ◽  
The Impact ◽  
Court Of Appeal

The right to adequate housing is a constitutional imperative which is contained in section 26 of the Constitution. The state is tasked with the progressive realisation of this right. The allocation of housing has been plagued with challenges which impact negatively on the allocation process. This note analyses Ekurhuleni Metropolitan Municipality v Various Occupiers, Eden Park Extension 51 which dealt with a situation where one of the main reasons provided by the Supreme Court of Appeal for refusing the eviction order was because the appellants subjected the unlawful occupiers to defective waiting lists and failed to engage with the community regarding the compilation of the lists and the criteria used to identify beneficiaries. This case brings to the fore the importance of a coherent (reasonable) waiting list in eviction proceedings. This note further analyses the impact of the waiting list system in eviction proceedings and makes recommendations regarding what would constitute a coherent (reasonable) waiting list for the purpose of section 26(2) of the Constitution.

scholarly journals Analysis of Mass Medias Effect on Formation Youths Mindset in the Media Landscape

2019 ◽  
Vol 8 (4) ◽  
pp. 763-773
Author(s):  
Svetlana Koryagina ◽  
Irina Kravchenko
Keyword(s):  
Information And Communication Technologies ◽  
The State ◽  
The Other ◽  
Young Generation ◽  
Government Control ◽  
Role Of The State ◽  
Youth Media ◽  
The Media ◽  
The Right ◽  
The Impact

The article describes the impact of the Mass Media on the formation of the worldview of the young. This impact may be positive or negative. On the one hand, the media educate young people and enhance their participation in public life. On the other hand, they may mislead or promote false values, and manipulate the young generation’s consciousness. What helps people not to get involved into the tried-and-true crowd manipulation scheme in the media landscape is critical thinking, whose lack results in inability to choose the right guidelines in the flow of false information provided by various Media. The authors emphasize the role of the state, which, regarding the needs of the society, should enculturate the young generation, as well as exercise tight control over communication in the global web and publications in the Internet Media and social networks. One of the directions of the state’s policy is expanding the geography of information and communication technologies, and the other is ensuring information security of the young in general and adolescents in particular. To provide this, the state develops organizational and legal mechanisms aimed at protecting children from harmful information in the web, and requirements for the content, its expert evidence and government control. The article demonstrates the results of a study carried out by the authors to assess the current youth Media and their influence on criminality. The key criterion for selecting participants of the focus group was young age, since the young are the most active and the least protected players in the media landscape. The sampling was made by random choice in order to ensure equal opportunities for participation in the study.

scholarly journals Nationalism

2019 ◽  
Author(s):  
Umut Özkırımlı
Keyword(s):  
Cold War ◽  
French Revolution ◽  
Political Legitimacy ◽  
Popular Sovereignty ◽  
Political Movement ◽  
Nation States ◽  
The Right ◽  
The Cold War ◽  
The Impact ◽  
Equal Citizenship

Nationalism is the belief that the interests and values of a particular nation are prior to, and often superior to, those of others. Etymologically, the origins of the term can be traced back to the Latin word natio, or “something born,” which was used by Romans to refer to a community of foreigners. It is commonly believed that in its modern sense of “love for a particular nation,” the term was first used in 1798. Nationalism refers to both an ideology and a political movement. In the context of the French Revolution, nationalism has come to be associated with the more inclusive idea of popular sovereignty based on shared and equal citizenship. Later, under the impact of German Romantic thought, it has also been connected to exclusivist notions of ethnic and cultural distinctiveness. As a political movement, nationalism has often entailed the fusion of these two ideals, presupposing a world composed of “nation-states” in which, at least in theory, each nation has a right to a state of its own, later called the principle of national self-determination. Nationalism has outlived the expectations of a great many thinkers, both on the right and the left, who predicted its imminent demise, and reasserted itself as a powerful tool for mobilization in the wake of the end of the Cold War, inspiring or energizing a vast array of political projects, from independentism and isolationism to authoritarianism and populism. Despite attempts to pool sovereignty in supranational or transnational bodies, mostly to counter the corrosive and uneven impact of globalization, nationalism remains the fundamental organizing principle of interstate order and the ultimate source of political legitimacy. For many, it is also the taken-for-granted context of everyday life and a readily available cognitive and discursive frame to make sense of the world that surrounds them.

The benefits and challenges of general data protection regulation for the information technology sector

2019 ◽  
Vol 21 (5) ◽  
pp. 510-524 ◽  
Author(s):  
Nazar Poritskiy ◽  
Flávio Oliveira ◽  
Fernando Almeida
Keyword(s):  
Information Technology ◽  
Data Protection ◽  
The State ◽  
Quantitative Methodology ◽  
Content Type ◽  
General Data Protection Regulation ◽  
European Data ◽  
General Data ◽  
The Right ◽  
The Impact

PurposeThe implementation of European data protection is a challenge for businesses and has imposed legal, technical and organizational changes for companies. This study aims to explore the benefits and challenges that companies operating in the information technology (IT) sector have experienced in applying the European data protection. Additionally, this study aims to explore whether the benefits and challenges faced by these companies were different considering their dimension and the state of implementation of the regulation.Design/methodology/approachThis study adopts a quantitative methodology, based on a survey conducted with Portuguese IT companies. The survey is composed of 30 questions divided into three sections, namely, control data; assessment; and benefits and challenges. The survey was created on Google Drive and distributed among Portuguese IT companies between March and April of 2019. The data were analyzed using the Stata software using descriptive and inferential analysis techniques using the ANOVA one-way test.FindingsA total of 286 responses were received. The main benefits identified by the application of European data protection include increased confidence and legal clarification. On the other hand, the main challenges include the execution of audits to systems and processes and the application of the right to erasure. The findings allow us to conclude that the state of implementation of the general data protection regulation (GDPR), and the type of company are discriminating factors in the perception of benefits and challenges.Research limitations/implicationsThis study has essentially practical implications. Based on the synthesis of the benefits and challenges posed by the adoption of European data protection, it is possible to assess the relative importance and impact of the benefits and challenges faced by companies in the IT sector. However, this study does not explore the type of challenges that are placed at each stage of the adoption of European data protection and does not take into account the specificities of the activities carried out by each of these companies.Originality/valueThe implementation of the GDPR is still in an initial phase. This study is pioneering in synthesizing the main benefits and challenges of its adoption considering the companies operating in the IT sector. Furthermore, this study explores the impact of the size of the company and the status of implementation of the GDPR on the perception of the established benefits and challenges.

An Ambiguous Institution: Slavery, the State, and the Law in Colonial Massachusetts

2013 ◽  
Vol 3 (2-3) ◽  
pp. 154-180
Author(s):  
Jared Ross Hardesty
Keyword(s):  
Ad Hoc ◽  
The State ◽  
Colonial Period ◽  
Positive Law ◽  
English Speaking ◽  
English Speaking World ◽  
The Right ◽  
The Impact ◽  
Southern Colonies ◽  
Effective Path

This essay examines the impact the state had in shaping slavery in colonial Massachusetts. Like other parts of the early modern English-speaking world, there was no legal precedent for slavery, meaning that positive law had to enforce and define the institution. Even more problematic for Massachusetts, however, the colonial assembly passed few statutes regarding slavery, leaving it to the courts and town selectmen to govern slavery on an ad hoc and informal basis. As opposed to strict slave codes in the Southern colonies, the legally ambiguous status of slavery in Massachusetts allowed slaves to make use of a legal system that granted them the right to a fair trial and full legal recourse. By using the courts, then, African-Americans created an innovative and effective path to freedom by the late colonial period.

scholarly journals DIREITO À SAÚDE E PODER JUDICIÁRIO: decisões no âmbito do Tribunal de Justiça do Estado do Maranhão

2013 ◽  
Author(s):  
Ana Karolyne Araújo de Sousa ◽  
Laurena Silva Pinto ◽  
Mônica Teresa Costa Sousa
Keyword(s):  
Right To Health ◽  
The State ◽  
Health State ◽  
The Public ◽  
Politica Publica ◽  
Treatment Medication ◽  
The Individual ◽  
Reasons For Decisions ◽  
The Right ◽  
The Impact

O trabalho tem por objetivo principal analisar decisões judiciais do TJMA considerando demandas individuais relacionadas à efetivação e garantia do direito à saúde, a partir da oferta de tratamento médico/ medicamento específico por parte do Estado. Analisa-se a fundamentação das decisões e atuação do Poder Judiciário ante a defesa justificada como "reserva do possível" por parte do ente público. Com base na teoria da reserva do possível, o Estado defende-se alegando ser impossível a prestação de serviços específicos considerando ou a generalidade da política pública de saúde ou questões financeiras. Por sua vez, o Judiciário se manifesta ora considerando a pretensão individual (posicionamento mais comum) ora afastando essa possibilidade. Tomando por base decisão do Supremo Tribunal Federal, determinaram-se padrões mínimos para que as decisões sejam capazes de atender as demandas específicas sem que haja comprometimento da atividade generalizada por parte do Estado. A escolha das decisões foi realizada por meio de pesquisa junto ao sítio oficial do Tribunal de Justiça do Estado do Maranhão considerando os termos "saúde - Estado - reserva do possível". As decisões analisadas referem-se aos últimos cinco anos. Já as decisões de tribunais superiores foram analisadas tomando-se como base os mesmos termos de procura bem como a repercussão da decisão STA 175, de 2009, cujo relator foi o Min. Gilmar Mendes.Palavras-chave: Direito à saúde. Reserva do possível. Poder Judiciário. Estado.HEALTH LAW AND JUDICIARY: decisions in the Court of Maranhão StateAbstract: The study aims to at analyzing the judgments TJMA considering individual claims related to the execution and guaranteeing the right to health, from the offer of medical treatment / medication specific for the state. Analyze the reasons for decisions and actions of the judiciary before the defense justified as "possible reserves" by the public entity. Based on the theory of reserve for the state defends itself saying it is impossible to provide specific services or considering the general public health policy or financial matters. In turn, the judiciary is manifested sometimes claim considering the individual (most common position) now that possibility away. Based on the decision of the Supreme Court, it was determined minimum standards for decisions to be able to meet the specific demands without compromising the widespread activity by the state. The choice of the decisions was conducted through survey to the official Court of the State of Maranhão considering the terms "health - state - reserve the possible." The decisions analyzed refer to the last five years. Since the decisions of higher courts were analyzed taking as base the same search terms as  well as the impact of the decision STA 175, 2009, which was the rapporteur Justice Gilmar Mendes.Keywords: Right to health. Possible Reservation. The Judiciary Power. State.EL PODER JUDICIAL Y EL DERECHO A LA SALUD: decisiones en la esfera del Tribunal de Justicia del estado de MaranhãoResumen: El trabajo tiene como objetivo analizar decisiones en juicios del TJMA considerando reclamaciones individuales relacionadas con la ejecución y garantía del derecho a la salud, a partir de la oferta de tratamientomédico / medicamento específico por el estado. Analizar las razones de las decisiones y acciones del poder judicial ante defensas justificadas como "reservas posibles" por la entidad pública. Sobre la base de la teoría de la reserva posible, el Estado se defiende diciendo que es imposible proporcionar servicios específicos, considerando la política general de salud pública o los asuntos financieros. Por su parte, el Poder Judicial se manifiesta a veces considerando la posición individual (posición más común) y otras veces desconsiderándola. Sobre la base de la decisión de la Corte Suprema de Justicia, se definieron las normas mínimas para que las decisiones sean capaces de satisfacer las demandas específicas sin comprometer la actividad generalizada por el estado. La elección de las decisiones se llevó a cabo mediante una encuesta oficial a la Corte del Estado de Maranhão, teniendo en cuenta los términos "salud - estado -. Reserva de lo posible" Las decisiones analizadas se refieren a los últimos cinco años. Por otro lado, las decisiones de los tribunales superiores fueron analizadas tomando como base los mismos términos de búsqueda, así como el impacto de la decisión STA 175 de 2009, relatada por el Ministro de la Justicia Gilmar Mendes.Palabras clave: Derecho a la salud. Reserva posible. Poder Judicial. Estado.

scholarly journals The influence of government institutions on the process of integration of people with disabilities into socio-political life

2020 ◽  
Vol 8 (3) ◽  
pp. 45-57
Author(s):  
Andrii Zhorniak
Keyword(s):  
Special Needs ◽  
Local Governments ◽  
People With Disabilities ◽  
Developed Countries ◽  
The State ◽  
Political Life ◽  
Persons With Disabilities ◽  
Political Processes ◽  
The Right ◽  
The Impact

The article examines the impact of political processes caused by political decisions of various branches of government, and their consequences for the participation of persons with disabilities in the socio-political life of the state. The legislation of Ukraine on the regulation of public relations in terms of integration of persons with disabilities into society through employment is analyzed. Emphasis is placed on the dynamics of growth in the number of people with disabilities, which is associated with the general aging of the population and increasing the risk of disability, the reduction of economic activity in this category, which in some countries translates it into subsidies at the state level. The normative regulation of integration processes and stimulation of labor activity of persons with disabilities in the developed countries of the world is considered. It was found that the policy aimed at social integration of people with special needs needs to be modernized and improved at all levels, including the activities of local governments, national and international level. The author notes that only in synergy and joint work, using common socio-political tools, it is possible to achieve the inclusion of people with disabilities in the life of communities and achieve high results in the development of the state. Based on the declared, defined in the Constitution of Ukraine content, activities, directions and direction of development of the state in relation to the citizen of Ukraine, it is proved that the relationship of every citizen, not excluding people with special needs, should be considered as a union of power-man relations. And if a person with a disability has the right, it means that the state is obliged to provide him with the opportunity to exercise this right. It was stressed that social security, which guarantees the right of a citizen to a decent standard of living, should not be limited to the payment of benefits, subsidies, but should be aimed at creating conditions for "disclosure" in various spheres of public life, including formal employment. It is proved that in Ukraine there are measures to create conditions aimed at socialization and participation of persons with disabilities in the life of the state. But given that at the constitutional level, persons with disabilities have equal rights along with other categories of citizens, there is a need to amend the Constitution in order to improve the legal framework for persons with disabilities, as the terms "equality" and "non-discrimination" in relation to the disabled are not identical and differ significantly in content. According to the author, this will allow to realize the strategic goal of a modern civilized state - to provide high living standards for its citizens, taking into account the category of people with special needs.

APPLICATION OF FIREARMS AS ONE OF THE MEANS OF COORDINATION BY THE STATE WITHIN THE COMPETENCE OF EMPLOYEES OF INTERNAL AFFAIRS

2021 ◽  
Author(s):  
Vladymyrov M. ◽  
Paliukh V.
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Social Groups ◽  
Law Enforcement Officers ◽  
The State ◽  
Law And Order ◽  
The Rule Of Law ◽  
The Right ◽  
The Impact

The article considers the main competencies of law enforcement officers who have the right to use firearms, as a force representing the state to maintain law and order, and prevent violations of human rights and security, which allows to determine the levels of possible use of firearms as a form of coercion and influence on civil society, as well as to identify its subjects and objects - to identify all participants in such a process, and the impact on large social groups in order to comply with the rule of law in society.

Restoring the Founding Purposes, 1862

2017 ◽  
Author(s):  
William F. Moore ◽  
Jane Ann Moore
Keyword(s):  
Federal Government ◽  
Republican Party ◽  
Abraham Lincoln ◽  
Congressional Committee ◽  
Declaration Of Independence ◽  
Founding Fathers ◽  
Exclusive Jurisdiction ◽  
Border States ◽  
Emancipation Proclamation ◽  
The Right

This chapter examines Abraham Lincoln and Owen Lovejoy's commitment towards holding together the Union while restoring the Founding Fathers' ideology as articulated in the Declaration of Independence. It first considers the debate in the Joint Congressional Committee on the Conduct of the War about who had the right to investigate whether Democratic generals were not sufficiently committed to the Union cause to engage the rebels in battle. It then discusses laws enacted in the Thirty-Seventh Congress with the aim of promoting the nation's welfare; Lovejoy's bill “to secure freedom to all persons within the exclusive jurisdiction of the Federal Government”; Lincoln's proposal for gradual emancipation in the four border states; and the growing friendship between Lincoln and Lovejoy. The chapter also analyzes the Second Confiscation Act; factions within the Republican Party in the House; Lincoln's Emancipation Proclamation; and Lovejoy's reelection in 1862. Finally, it addresses the question of whether Lincoln was a radical.

Price Fixing and the Political Community, 1778–1779

2018 ◽  
Author(s):  
Kenneth Owen
Keyword(s):  
Political Culture ◽  
The State ◽  
Political Community ◽  
Popular Sovereignty ◽  
The Political ◽  
Economic Regulation ◽  
State Constitution ◽  
The People ◽  
The Right

In 1779, Pennsylvanians undertook a bold experiment in economic regulation—forming price-fixing committees to reverse wartime inflation. This chapter analyzes the committees’ structure and the context in which they were created. Winter 1778 saw great political turbulence: the evacuation of Philadelphia, treason trials, and an attempt to rewrite the state constitution. By 1779, defenders of the constitution were using price-fixing committees as a means of defending a Constitutionalist vision of government in which the people held the reins of power and the right to shape that government. Though the committees struggled to establish universal legitimacy, they helped legitimate a robust participatory political culture based upon popular sovereignty. This culture, though, remained turbulent, as in the Fort Wilson Incident of October 1779, in which militiamen surrounded the house of Republican politician James Wilson. This chapter investigates how Constitutionalists defended their vision of political culture even during periods of great upheaval.

Sign in / Sign up

Export Citation Format

Share Document