Community Security and Self-Defense

Author(s):  
Robert J. Antony

Chapter 5 analyzes local self-regulation and law enforcement efforts. In conjunction with government, local communities also devised various methods for their own security and self-defense. Despite the state’s efforts and accomplishments in reaching down into local communities, the countryside was too vast and populous for state agents to penetrate everywhere. Normally the government preferred not to intervene directly in local affairs, but rather, to do so only indirectly through community lecture (xiangyue) and mutual surveillance (baojia) agents. Occasionally, in times of crises, the state would intervene more directly, such as in cases of famine relief and the suppression of riots and rebellions, but more routine security matters were normally left to each individual community. Rural towns and villages adopted a number of strategies for self-protection against bandits, including walls and other fortifications, guardsmen units, crop-watching associations, and militia. Nonetheless, I also argue that there was a complicated mix of activities in local communities involving both protection and predation.

2018 ◽  
Vol 53 (4) ◽  
pp. 1024-1045
Author(s):  
JAMIE LEVIN

For most of its existence, the Second Amendment was largely ignored by Constitutional scholars. Recently, a veritable cottage industry has developed in which two distinct camps have surfaced: so-called “Standard Modelers,” who argue that individuals have a right to bear arms for self-defense, the defense of the state, and, in the most extreme examples, to overthrow the government should it become tyrannical, and those who view the Second Amendment as a collective right vested in the state militias for the purposes of law enforcement, to protect against foreign aggression, to quell domestic insurrection, and as a check against federal overreach. Despite the enormous gulf between them, both sides agree that the right to bear arms provides a counterbalance against the federal government. This paper uses insights from game theory to shed new light on the adoption of the Second Amendment. The states suffered a commitment problem. They wished to cooperate with each other by founding a new republic, but feared the consequences of doing so: losing their freedom to a powerful government. The Second Amendment militated against the need for a large federal army, acted to counterbalance federal forces, and created the offensive means with which to confront a tyrannical government.


The article deals with the situation in the city of Kharkiv at the end of 1918. At this time, Ukraine was experiencing the completion of one more historical stage, preparing for new, more turbulent and tragic events. German troops which have been the guarantors of security of the state over the past ten months were evacuated from its territory, a popular uprising broke out against the hetman Pavlo Skoropadsky, the republican authorities that recognized the Directory were forming slowly, local Bolsheviks and other left-wing groups were getting noticeably more active. In December 1918 all these forces were represented in the provincial Kharkiv. Some of them, for example, the German command and the hetman's guard, tried to transfer power to their successors in an organized manner. Others, on the contrary, tried to get to the controls as soon as possible. This multi-power lasted about a month, which became a real ordeal for the inhabitants of the city. Kharkovites tried to figure out a kaleidoscope of political developments, a variety of orders and decrees, the intricacies of official information and street rumors. Meanwhile, the criminal situation became more and more threatening: gangs of looters raged in rural districts, and shots were fired more often in Kharkiv itself. In the second half of December, the number of the city shops robberies became impressive. At that time, several influential forces were engaged in law enforcement: the German commandant’s office, the hetman’s guard, Directory fighters and socialist squads. However, all their efforts did not give the desired result, and ordinary Kharkovites were forced to organize self-defense units to protect their own homes. The culmination of anarchy in the city was the Bolshevik uprising on January 1–2, 1919, as a result of which Kharkiv was captured by armed units of the Red Army.


JURNAL BELO ◽  
2020 ◽  
Vol 5 (2) ◽  
pp. 74-85
Author(s):  
Jennifer Ingelyne Nussy

ABSTRACT Recognition and protection of a guarantee of human dignity to earn a respectable place in the eyes of the law and government. Related to the interests of law enforcement, the Corruption Eradication Commission (KPK) for the purpose of wiretapping evidence in court, while will protecting the privacyrights of suspects. Legal protections for the accused to be seen as matter of law adopted. Therefore, the protection of the privacy rights of a person to be seen in the investigation process. For the Commission to conduct wiretaps should see privacy rights as stipulated in the law and the government should establish a special set of rules that intercepts, thus providing the possibility for law enforcement has the authority to do so does not conflict with human rights.


Author(s):  
Svitlana Fimyar ◽  
Olga Shilvinska

Economic transformations of the country due to the development of market relations lead to appropriate changes in the field of social policy, the development of appropriate mechanisms of social protection, based on the principles of self-regulation and mutual support. The scale of economic growth is largely determined by the level of motivation of the behavior of economic entities both in increasing their own financial results and the general economic effect of creating a social product. In this aspect, the social policy of the state becomes a powerful factor in economic growth, with the greatest effect is given by the use of such forms of incentives that realize the public interests of all economic entities, which are not homogeneous in nature. The implementation of these priorities should be aimed at solving major socio-economic problems in order to prevent conflicts and promote sustainable development at the level of enterprises, regions, the country as a whole, so the problem of harmonizing the interests of all economic entities can be identified as a priority. The urgency of this problem is due to the need to increase the level of social protection of the population, which is achieved through the effective implementation of social policy and improving the mechanisms for its implementation from the standpoint of harmonization of interests of all economic entities. It is proved that to form a low-conflict model in which each entity has a clearly defined mechanism for meeting their own needs through the interests of partners, possibly by expanding the scope of market methods of self-regulation in combination with government leverage to influence economic behavior. To implement a more effective social policy, the government proposed a mechanism for expanding and harmonizing the socio-economic interests of the state, business and employees, which summarizes the result of the synthesis of natural and artificial responsibilities for various actors in social policy and social partnership. The proposed mechanism is able to neutralize the problems associated with low wages in the real sector of the economy, poverty and inefficient use of GDP, ensure the transparency of this process, and create a powerful motivational environment for workers and employers.


Author(s):  
Daniel R. Brunstetter

Law enforcement is often seen as the de facto, and relatively pure, alternative to contemporary just war. If we are not at war, then the more restrictive law enforcement is the viable paradigm. This chapter interrogates two assumptions underlying this view. It begins by demystifying the unwritten assumption that the liberal law enforcement paradigm associated with Western democracies is the idealized foil to just war. Using France, whose postcolonial legacy complicates the turn to the Western liberal paradigm as an illuminating case, the chapter explores how domestic warlike violence creates a state of fractured order—the violence and potential for abuses of power that permeate society as the government seeks to balance security and individual rights. The chapter then turns to the transnational context to challenge the view that there exists a clear line between the state of war and the state of peace. Mali serves as a paradigmatic case to illustrate how the effectiveness of law enforcement is curtailed in spaces of contested order where heavily armed terrorist groups challenge the authority of the state, thus prompting a turn to Special Forces and drones to restore order. In both contexts, the chapter identifies a shift away from the restrained norms that typically govern the use of force in law enforcement to more warlike uses of force that blur the lines between peace and war. The chapter concludes with a reflection on how this shift might inform the ethics of limited force, which lies between law enforcement and just war.


2014 ◽  
Vol 9 (1) ◽  
pp. 50-64 ◽  
Author(s):  
Candice Delmas

Is the civic duty to report crime and corruption a genuine moral duty? After clarifying the nature of the duty, I consider a couple of negative answers to the question, and turn to an attractive and commonly held view, according to which this civic duty is a genuine moral duty. On this view, crime and corruption threaten political stability, and citizens have a moral duty to report crime and corruption to the government in order to help the government’s law enforcement efforts. The resulting duty is triply general in that it applies to everyone, everywhere, and covers all criminal and corrupt activity. In this paper, I challenge the general scope of this argument. I argue that that the civic duty to report crime and corruption to the authorities is much narrower than the government claims and people might think, for it only arises when the state (i) condemns genuine wrongdoing and serious ethical offenses as “crime” and “corruption,” and (ii) constitutes a dependable “disclosure recipient,” showing the will and power to hold wrongdoers accountable. I further defend a robust duty to directly report to the public—one that is weightier and wider than people usually assume. When condition (ii) fails to obtain, I submit, citizens are released of the duty to report crime and corruption to the authorities, but are bound to report to the public, even when the denunciation targets the government and is risky or illegal.


2021 ◽  
Vol 6 (1) ◽  
pp. 117-132
Author(s):  
Zul Karnaini

The term Good Governance (an-Nizam al-Siyasah) is an Islamic concept in the implementation of good governance according to the Qur'an and Hadith. This concept was re-emerged by UNDP in 1990 which was implemented by Umar bin Abdul Aziz during the Umayyad dynasty, in balancing a synergistic and constructive relationship between the state, the private sector and society, through the principles of good governance applied by Umar bin Abdul Aziz: 1. tawhid, 2. Trust, 3. Deliberation, 4. Justice and Law Enforcement, 5. Equality, 6. Brotherhood, 7. Human Rights (HAM), 8. Effective and Efficient, 9. Social Supervision. Umar bin Abd Aziz's principles of good governance are in line with Islamic values, such as: Allah as the highest caliph, trustworthiness, deliberation, justice, equality, brotherhood, human rights, and commanding good and evil. In comparison, UNDP and LAN Good Governance have the following principles: participation, law enforcement, transparency, equality, responsiveness, effectiveness, professionalism, supervision. The principles of good governance of Umar bin Abdul Aziz associated with maqasid sharia are; the principle of tawhid according to maqasid shari'ah in the field of muhafazah ad-din (maintaining religion), the principle of trustworthiness and effectiveness and efficiency, including the category of muhafazah al-mal (protection of property). The application of deliberation, including the category of muhafazah al-aql (preservation of reason) and brotherhood is included in the category of muhafazah al-nasl (maintaining offspring). Human Rights (HAM) are included in the category of muhafazah al-nafs (protecting the soul). in line with the maqasid shari'ah al-Syatibi. If tawhid is connected with Imam Malik's istislahi theory, then this principle includes daruriyyah (principle), while justice and law enforcement, deliberation, trust, equality, brotherhood are included in the hajiyyah category. effective, efficient, social supervision is included in the category of taksiniyah. Then how is good governance implemented and how is it related to UNDP good governance. This is the study of this treatise as material to add to the treasures of knowledge in the state Abstrak: Istilah Good Governance (an-Nizam al-Siyasah) merupakan konsep Islam dalam pelaksanaan tata kelola pemerintahan yang baik sesuai al-Qur’an dan Hadits. Konsep ini dimunculkan kembali oleh UNDP pada 1990 yang pernah dilaksanakan Umar bin Abdul Aziz pada masa dinasti Umayyah, dalam menyeimbangkan hubungan yang sinergis dan konstruktif antara negara, sektor swasta dan masyarakat, melalui  prinsip  good governance yang diterapkan Umar bin Abdul Aziz: 1. tawhid, 2. Amanah, 3. Musyawarah, 4. Keadilan dan Penegakan Hukum, 5. Persamaan, 6. Persaudaraan, 7. Hak Asasi Manusia (HAM), 8. Efektif dan Efisien, 9. Pengawasan Sosial. Prinsip-prinsip Good governance Umar bin Abd Aziz  sejalan dengan tata nilai Islam, seperti: Allah sebagai khalifah tertinggi, amanah, musyawarah, keadilan, persamaan, persaudaraan, HAM, dan amar makruf nahi munkar.  Sebagai bandingannya adalah Good Governance UNDP dan LAN memiliki prinsip sebagai berikut: partisipasi, penegakan hukum, transparansi, kesetaraan, daya tanggap, efektif, profesionalisme, pengawasan. Prinsip-prinsip good governance Umar bin Abdul Aziz diakaikan dengan maqasid syariah adalah; prinsip tawhid sesuai maqasid syari’ah bidang muhafazah ad-din (menjaga agama), prinsip amanah dan efektif serta efisien termasuk ketagori muhafazah al-mal (penjagaan harta). Penerapan musyawarah, termasuk kategori muhafazah al-aql (penjagaan akal) dan persaudaraan  termasuk kategori muhafazah al-nasl (menjaga keturunan). Hak Asasi Manusia (HAM) termasuk kategori muhafazah al-nafs (menjaga jiwa). sejalan dengan maqasid syari’ah al-Syatibi. Jika dihubungkan  tawhid  dengan teori  istislahi Imam Malik maka prinsip ini termasuk daruriyyah (pokok), sementara keadilan dan penegakan hukum, musyawarah, amanah, persamaan, persaudaraan termasuk tingkatan kategori hajiyyah. efektif, efisien, pengawasan sosial termasuk kategori taksiniyah. Lalu bagaimanakah good governance ini diterapkan dan bagaimana hubungannya dengan good governance UNDP. Inilah kajian risalah ini sebagai bahan untuk menambah khazanah ilmu pengetahuan dalam bernegara. Kata Kunci: Tata Kelola, Konsep dan Aplikasi yang Baik, Pemerintahan Omar Bin Abdul Aziz


Author(s):  
Michael Menzhega ◽  
Marina Sawelewa ◽  
Aleksandr Smuskin

The authors analyze the work of law enforcement bodies in the conditions of the pandemic when the situation has not been recognized as an emergency by the government authorities and the state of emergency has not been announced (using the example of the situation in March — April of 2020 connected with the COVID-19 pandemic). They stress the importance of a comprehensive assessment of how critical the situation is and of carrying out certain actions even before it is recognized as an emergency. The authors also analyze various approaches to this situation used in difference regions of Russia and point out negative consequences of the implementation of some decisions. It is shown that law enforcement activities, in comparison with other functions of the state, provide fewer opportunities for avoiding personal contact with citizens. In this connection, different ways of carrying out criminalistic activities effectively that take into consideration the necessity of minimizing personal contact for the investigator are presented, such as: distance communication, investigative activities in virtual reality, use of unmanned aerial vehicles to examine the scene of crime without visiting the area during lockdown, use of criminalistic robotics and other robotic complexes. The authors note with regret that while the administration of law enforcement during an emergency situation or a state of emergency is supported by research-based recommendations, it is left in a virtual vacuum, research- and methodology-wise, in the situation of restrictive measures and self-isolation. The article describes both measures of general prevention (use of medical masks, disposable gloves, disposable clothes, hazmat suits), and special possibilities provided by information and communication technologies available in the conditions of the fourth information revolution. The latter, according to the authors, are a wider use of videoconferencing (including its use for such investigative actions as interrogation, confrontation, identification parade, examination), use of computer-augmented reality, implementation of the concept of electronic justice and the use of robotic complexes for criminalistic purposes.


2019 ◽  
Vol 62 (1) ◽  
pp. 67-75
Author(s):  
Till Förster ◽  
Aïdas Sanogo

Abstract:The West African savannah is an area where old and new institutions fill the lacunae that limited statehood has left. Some of them claim a long history, others have emerged recently as a reaction to military and civil crises. The performance of power, its display and presentation, is a theme that all these associations share. They do so on different occasions and by different means, which highlights their diverging ethics and attitudes towards their local communities and the state. This introduction to the guest edited forum outlines central themes of these performances and discusses performativity in West African power associations.


Author(s):  
Ekaterina Pravilova

The previous discussion on forests and minerals showed that Russian professional and industrial elites were quite unhappy with the state's passivity and its reluctance to take on the management of common resources. The government explained its withdrawal from this sphere as an expression of its allegiance to the principle of private property. This chapter analyzes how the Russian state used its power to regulate the use of one publicly important resource—rivers, which had been rendered into the private ownership of nobles by Catherine the Great's manifesto of 1782. A comparison of the treatment of rivers with other spheres of expropriation, across diverse geographical areas, including the Russian southern colonies, will show when and why the state was eager to seize private properties, when it refused to do so, and why.


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