Conflict as Business

2020 ◽  
Vol 31 ◽  
pp. 152-159
Author(s):  
Steven van Klooster ◽  
Keyword(s):  
Public Law ◽  
The State ◽  
Core Concept ◽  
Physical Force ◽  
Nation States ◽  
Private Military Companies ◽  
State Monopoly ◽  
Definition Of

The state monopoly on violence is a core concept of modern public law, wherein only sovereign nation-states may lay claim to the legitimised usage of physical force. In recent years, however, this is commonly outsourced through Private Military Companies. Using Satz’s model and Weber’s definition of modern democracies, we argue that the market of Private Military Companies is a noxious one with severe ramifications in regards to democracy, freedom, and the autonomy of nation-states globally.

The Theory of the State as a Sovereign Juristic Person

1948 ◽  
Vol 42 (1) ◽  
pp. 16-31 ◽  
Author(s):  
Kenneth C. Cole
Keyword(s):  
Political History ◽  
Public Law ◽  
The State ◽  
Popular Sovereignty ◽  
General Conception ◽  
The People ◽  
Democratic System ◽  
Definition Of ◽  
Constitutional Morality

The casual student of Western political history encounters sovereignty in a number of guises. In the stage of absolute monarchy, it was a personal endowment of princes; in the stage of democracy, it seems to be a collective endowment of the “nation” or the “people.” In the latter period, moreover, a definition of law as the command of a sovereign becomes increasingly popular.These various contexts for sovereignty will already have suggested the protean possibilities of the general conception, but the student will have had little difficulty in sensing its generally anti-constitutional influence. Even popular sovereignty, which sounds the least dangerous, has had to be offset by opposing institutions in accounting for the relatively high constitutional morality of the democratic system.While, therefore, it is not surprising to find sovereignty again (and in a still different guise) when we examine the leading conceptions of American public law, one well may marvel to find it accorded a key position among them. For, strange to say, the sovereignty of the state is widely accepted as the cornerstone of a legal edifice which the lawyers themselves appear to have laid.

Gender, Slavery, War, and Violence in and beyond the Age of Revolutions

2020 ◽  
pp. 135-157
Author(s):  
Elizabeth Colwill
Keyword(s):  
Armed Conflict ◽  
Slave Trade ◽  
The State ◽  
Men And Women ◽  
Family Ties ◽  
Reproductive Labor ◽  
Nation States ◽  
Definition Of ◽  
Primary Form ◽  
Slave Revolts

A definition of war limited to fields of battle orchestrated by monarchs or nation-states elides a primary form of state-sponsored violence at the heart of European wars of empire—slavery. It involved the forcible conversion of persons to chattel through the legal and military arms of the state—a conversion secured through the subjection of sexual, productive, and reproductive labor and the erasure of genealogies and family ties. In this sense, slavery could be seen as a protracted state of war. Armed conflict fueled the slave trade, slave revolts blended into “official” wars, and enslaved people sometimes spoke of slavery as a state of war. Soldiers and the state march front and center in the archives, their presence camouflaging the gendered implications of warfare for women, families, and statecraft. Yet armed conflict in the Age of Revolutions spilled beyond the battlefield, constructed distinct pathways to emancipation for men and women, and enshrined new, gendered forms of citizenship. These interrelated themes are the focus of this chapter.

scholarly journals Religion as a Means of Maintaining Legitimacy in the Canadian State

Axis Mundi ◽  
2017 ◽  
Vol 3 ◽  
pp. 1-28
Author(s):  
Pat Hart
Keyword(s):  
Max Weber ◽  
Harvard University ◽  
The State ◽  
Stable Order ◽  
Nation States ◽  
Edward Shils ◽  
Socially Relevant ◽  
The Concept Of Law ◽  
Definition Of ◽  
Relevant Degree

“[I]f a system of rules is to be imposed by force on any, there must be a sufficient number who accept it voluntarily. Without their voluntary co-operation, thus creating authority, the coercive power of law and government cannot be established” 1 – H.L.A. Hart “For a domination...justification of its legitimacy is much more than a matter of a theoretical or philosophical speculation; it rather constitutes the basis of very real differences in the empirical structure of domination. The reason for this fact lies in the generally observable need of any power, or even of any advantage of life, to justify itself.”2 – Max Weber I. Introduction In the above quotes, Hart and Weber both point to a requisite element that all nation states share in their quest to maintain a stable order. To appear legitimate, a state must represent itself in a way that is palatable to its citizens. Put differently, a state must convince its populace that the power it wields is rightly wielded. If the majority of its citizens do not accept the legitimacy of the state, then the very stability of the state is undermined; generally, it is only a matter of time before this state is overthrown or reconfigured in a fashion agreeable to the citizenry.3 This issue of legitimacy forms the basis of this study. With a focus on Canada, the following will consider a means by which legitimate status is presented and maintained by the state. 1 H.L.A Hart, The Concept of Law, 2nd ed. (Oxford: Clarendon Press, 1994) at 201 [Hart]. 2 Max Weber, On Law in Economy and Society. Trans. Edward Shils (Massachusetts: Harvard University Press, 1969) at 335 [Weber]. It is important to note that Weber devotes a significant amount of discussion to the definition of ‘domination’. Broadly speaking, Weber states, “in our terminology domination shall be identical with authoritarian power of command. To be more specific, domination will thus mean the situation in which: The manifested will (command) of the ruler or rulers is meant to influence the conduct of one or more others (the ruled) and actually does influence it in such a way that their conduct to a socially relevant degree occurs as if the ruled had made the content of the command the maxim of their conduct for its very own sake” (Weber at 328). 3 Hart, supra note 1 at 201.

scholarly journals THE CONCEPT AND SIGNS OF METHODS OF IMPLEMENTATION OF THE ADMINISTRATIVE AND LEGAL MECHANISM OF FORMATION AND IMPLEMENTATION OF THE STATE WEAPONS POLICIES IN UKRAINE

2020 ◽  
Vol 1 (4(106)) ◽  
pp. 175-182
Author(s):  
Т. А. Шумейко
Keyword(s):  
Law Enforcement ◽  
State Policy ◽  
Public Law ◽  
The State ◽  
Scientific Article ◽  
Mechanism Of Formation ◽  
The Public ◽  
Modern Methods ◽  
Definition Of ◽  
Legal Mechanism

The purpose of the scientific article is to clarify the essence of modern methods of implementation of the administrative and legal mechanism of formation and implementation of state policy in the field of arms circulation in Ukraine. This goal can be achieved by performing the following tasks: 1) to clarify the approaches of lawyers-administrators to understand the concept of "methods"; 2) outline the special features of the studied methods; 3) to formulate the definition of the concept "methods of implementation of the administrative and legal mechanism of formation and implementation of state policy in the field of arms circulation in Ukraine"; 4) summarize the results of the study. The article is devoted to clarifying the complex essence of modern methods of implementation of the administrative and legal mechanism of formation and implementation of state policy in the field of arms circulation in Ukraine. The studied methods are interpreted as provided by law a set of volitional techniques (methods, means) used within the forms of implementation of the specified administrative and legal mechanism by its subjects (within their powers) to solve a set of tasks and achieve state policy of formation and implementation of state policies in the field of arms circulation in Ukraine. The opinion is substantiated, according to which the methods of realization of the administrative-legal mechanism of formation and realization of the state policy in the sphere of arms circulation are characterized by the fact that they: are special conscious ways (receptions, means) of achievement of the purpose, the decision of tasks and realization of functions of the administrative-legal mechanism. implementation of state policy in the field of arms circulation; are manifested in the forms of implementation of this administrative and legal mechanism through the subjects, objects of such a mechanism; reflect the public interest in the field of arms trafficking; apply to all participants (potential participants) of public-law relations on the formation and implementation of state policy in the field of arms circulation in the state, as well as to the personnel of the subjects of power; in essence, cover the methods of law enforcement and management methods (methods of persuasion, coercion, control and supervision). The conclusions to the article summarize the results of the study.

1 Reconfiguring the national constellation

2005 ◽  
Vol 13 (S1) ◽  
pp. 1-36 ◽  
Author(s):  
MICHAEL ZÜRN ◽  
STEPHAN LEIBFRIED
Keyword(s):  
Golden Age ◽  
The State ◽  
Democratic Legitimacy ◽  
Nation State ◽  
Four Dimensions ◽  
Political Processes ◽  
Nation States ◽  
The 1960S ◽  
Definition Of ◽  
The 19Th Century

The influence of the state on the trajectory of human lives is more comprehensive and sustained than that of any other organizational construct. We provide a definition of the modern nation-state in four intersecting dimensions – resources, law, legitimacy, and welfare – and review the history and status of each dimension, focusing on the fusion of nation and state in the 19th century, and the development of the ‘national constellation’ of institutions in the 20th. We then assess the fate of the nation-state after the Second World War and, with western OECD countries as our sample, track the rise and decline of its Golden Age through its prime in the 1960s and early 1970s. Finally, we identify the challenges confronting the nation-state of the 21st century, and use the analyses in the following eight essays to produce some working hypotheses about its current and future trajectory – namely, that the changes over the past 40 years are not merely creases in the fabric of the nation-state, but rather an unravelling of the finely woven national constellation of its Golden Age. Nor does there appear to be any standard, interwoven development of its four dimensions on the horizon. However, although an era of structural uncertainty awaits us, it is not uniformly chaotic. Rather, we see structured, but asymmetric change in the make-up of the state, with divergent transformations in each of its four dimensions. In general, nation-states are clinging to tax revenues and monopolies on the use of force, such that the resource dimension may change slowly if at all; the rule of law appears to be moving consistently into the international arena; the welfare dimension is headed in every direction, with privatization, internationalization, supra-nationalization, and defence of the national status quo, occurring at various rates for healthcare, pensions, public utilities, consumer protection, etc. in different countries. How, and whether, the democratic legitimacy of political processes will be ensured in such an incongruent, if not incoherent and paradoxical state is still unclear.

scholarly journals Public and Legal Burdens on Cooperative Banks and Limits of the Financial Strength of Taxes

2020 ◽  
Vol 54 (1) ◽  
pp. 19
Author(s):  
Paweł Dec ◽  
Piotr Masiukiewicz
Keyword(s):  
Comparative Method ◽  
Public Law ◽  
The State ◽  
Tax Burden ◽  
Main Research ◽  
Financial Strength ◽  
Research Goal ◽  
Cooperative Banks ◽  
Definition Of ◽  
Desk Research

<p>The paper deals with the problems of public and legal burdens of cooperative banks operating in Poland, in terms of their limits on the strength of taxes (various types of mandatory fees and levies for the state). Comparative public and legal burdens of banks are discussed in the literature. As the main research goal, the authors chose to examine the situation of cooperative banks in the context of increasing tax and legal burdens. The article uses the desk research method, comparative method and quantitative analysis of cooperative banks’ tax burden for calculating the author’s tax restrictiveness index. The authors proposed their own definition of the tribute paid by cooperative banks to the state and institutions subordinate to it. An interesting perspective on the subject of effectiveness of cooperative banks in comparison with their tax burden was analyzed. The paper also exposes the methodology of examining public-law burdens in cooperative banks and conducted a stress limit analysis for these burdens (tributes) on the example of 309 banks – participants of the Association Protection System – SOZ BPS. It is important to point out that the tax restrictiveness index (WD) in the studied group of cooperative banks was calculated. A new concluding case on problems related to further raising the tax burden of cooperative banks in Poland was also presented.</p>

Acknowledging the State

2020 ◽  
pp. 26-30
Author(s):  
Alasdair Roberts
Keyword(s):  
United States ◽  
Public Administration ◽  
The United States ◽  
The State ◽  
Fundamental Unit ◽  
Political Organization ◽  
Modern World ◽  
Main Concern ◽  
Nation States ◽  
Definition Of

This chapter discusses the first step in the macro-level approach to public administration, which is to acknowledge the fundamental unit of political organization in the modern world: the state. Up until the early 1950s, scholars in public administration routinely talked about the state. However, this way of thinking fell out of fashion decades ago. Today, entire textbooks in public administration are produced without reference to the concept of the state. The field operates without acknowledging that the United States is a state that is also part of a community of states or that a main concern of American policymakers is executing tasks essential to state survival. The state has another critical aspect: it possesses a status or standing referred to as statehood. The chapter then identifies the definition of a state. It is helpful to distinguish the concept of the state from three other concepts: government, nation-states, and statism.

Turkish Constitutionalism in Millî Mücadele

2021 ◽  
Vol 18 (2) ◽  
pp. 320-334
Author(s):  
Francesco Petrucciano
Keyword(s):  
Legal System ◽  
State Building ◽  
Public Law ◽  
The State ◽  
Transitional Period ◽  
Imperial Authority ◽  
Building Process ◽  
Turkish State ◽  
Definition Of ◽  
The Way

Abstract The Teşkilât-ı Esasiye Kānūnu of 1921 is an interesting snapshot of the state-building process of the Turkish State during the Millî Mücadele. In this transitional period, the Ankara Meclis puts in the Chart all the expectations for the new State, drawing a system strongly based on Parliamentarism. While denying the Imperial authority, it voluntarily defers the definition of the form of the State, paving the way to a new idea of sovereignty. The fundamental Chart constitutes the instrument the Meclis uses to inject new fundamental concepts in the Turkish legal system, while overcoming the concept of osmanlıcılık. A courageous attempt to introduce in Turkey some of the most advanced ideas of public law at that time, it represents the evolution and the end of the second Constitutional Era. This work aims to demonstrate how this Chart and the following reforms represent the base of much of what Turkey was for almost a century.

scholarly journals Genesis of the concept of "national security" in administrative law

2021 ◽  
pp. 5-8
Author(s):  
Vitalii MAKARCHUK
Keyword(s):  
World War Ii ◽  
Law Enforcement ◽  
National Security ◽  
Administrative Law ◽  
The State ◽  
Law Enforcement Agencies ◽  
Security Issues ◽  
Nation States ◽  
Legal Literature ◽  
Definition Of

The paper is devoted to the essence and peculiarities of the origin and development of the concept of “national security” in administrative law. The paper analyzes different opinions on the definition of “national security”, also considers the provisions of the Constitution of Ukraine on the protection of sovereignty and territorial integrity of Ukraine. The legislative provision of security in Ukraine, security of the person, society and the state from external and internal threats in the state as ensuring national security is studied. The urgency of the issue outlined in the paper is due to the ongoing reform processes in the field of national security and law enforcement in Ukraine. However, national security issues are still at the center of various scientific debates. In the research and analysis of the origins and development of the concept of “national security” hermeneutic, logical, linguistic and semiotic research methods are used. It is proved that in the legislation and legal literature this term has gained wide application and recognition that meets the general requirements of legal technique: the terms must be generally accepted, have a stable character and wide application. It is noted that the term “national security” still remains relevant and controversial. Although the term “national security” was first used after World War II, certain aspects of it have been considered since the creation of nation-states in the mid-seventeenth century. This term is used in various aspects, has no unambiguous application in the legal literature, lawmaking and legal practice, so it can be interpreted in various aspects. Ukrainian scholars-administrators define the security of the country in different ways, in particular through the prism of the executive activity of the relevant law enforcement agencies that provide it.

KEBIJAKAN POLITIK KERUKUNAN ANTARAGAMA DI INDONESIA ERA REFORMASI

2017 ◽  
Vol 9 (2) ◽  
pp. 407-424
Author(s):  
Jamaluddin Jamaluddin
Keyword(s):  
Transition Period ◽  
Religious Life ◽  
New Order ◽  
Reform Era ◽  
Policy Makers ◽  
Accommodation Space ◽  
Nation States ◽  
The Government ◽  
Definition Of ◽  
Cultural Reality

Indonesian reformation era begins with the fall of President Suharto. Political transition and democratic transition impact in the religious life. Therefore, understandably, when the politic transition is not yet fully reflects the idealized conditions. In addition to the old paradigm that is still attached to the brain of policy makers, various policies to mirror the complexity of stuttering ruler to answer the challenges of religious life. This challenge cannot be separated from the hegemonic legacy of the past, including the politicization of SARA. Hegemony that took place during the New Order period, adversely affected the subsequent transition period. It seems among other things, with airings various conflicts nuances SARA previously muted, forced repressive. SARA issues arise as a result of the narrowing of the accommodation space of the nation state during the New Order regime. The New Order regime has reduced the definition of nation-states is only part of a group of people loyal to the government to deny the diversity of socio-cultural reality in it. To handle the inheritance, every regime in the reform era responds with a pattern and a different approach. It must be realized, that the post-reform era, Indonesia has had four changes of government. The leaders of every regime in the reform era have a different background and thus also have a vision that is different in treating the problem of racial intolerance, particularly against religious aspect. This treatment causes the accomplishment difference each different regimes of dealing with the diversity of race, religion and class that has become the hallmark of Indonesian society.

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