Public Office and Private Property

Author(s):  
James E. Shaw

Removal of the judges' right to discretion, to exercise their arbitrium, meant that they were less likely to convict criminals, instead choosing to let trials lapse altogether. This chapter discusses such findings in terms of the lesser court staff and the concrete practice of justice at the court. It tries to demonstrate the existence of a gulf between the rhetoric and practice of justice, between the high concerns of the political elite, and the actual implementation of power at the bottom level. The early modern state was an agglomeration of public and private interests, and its freedom of action was correspondingly limited. While the government struggled to impose central control over the courts, at the same time it allowed key elements of its institutional structure to fall into private hands. Corruption was a structural problem that would not be eliminated by rare and toothless government investigations.

2020 ◽  
Vol 6 (3) ◽  
pp. 85-91
Author(s):  
M.Yu. Martynova ◽  
◽  
D.M. Feoktistova ◽  
◽  

the author analyzes the problems of the activity and development of the political elite. The current political situation in Russia puts forward new requirements for the functioning of the management system of state institutions and determines the need for professionally trained, highly moral personnel of the modern political elite. The paper considers the possibility of introducing modern and progressive mechanisms of interaction between the government and society – crowdsourcing, which involves the wide involvement of citizens with an active civic position and public associations in the process of public discussion and political decision-making.


2021 ◽  
Vol 13 (2-1) ◽  
pp. 62-91
Author(s):  
Irina Zhezhko-Braun ◽  

This article is the third and final in a series dealing with the birth of a new political elite in the United States, the minority elite. In previous articles, the mechanism of its appearance was analyzed, as well as its ideology, goals, program and values. The black movement, as the most co-organized of all protest movements, is entering the final phase of its development, being engaged in the placement of its representatives in state and federal governments, political parties and other social institutions. The women’s movement has recently been taken over by ethnic movements, primarily blacks, and has become their vanguard. This article describes new social elevators for the promotion of minority representatives into the corridors of power. The logic of promoting people of their own race, gender and nationality to the highest branches of power began to prevail over other criteria for recruiting personnel. During the 2020 election campaign, a new mechanism for promoting minorities in all branches of government was formed. It is based on numerous violations of local and federal electoral legislation. The mechanism of pressure on the US electoral system is analyzed using the example of the state of Georgia and the activities of politician Stacey Abrams. The article describes Abrams’ strategy to create a network of NGOs that are focused on one mission - to arrange for the political shift of the state in the elections. These organizations circumvented existing laws, making the state of Georgia the record holder for electoral irregularities and lawsuits. The article shows that Abrams’ struggle with the electoral laws of her state is based on the political myth of the voter suppression of minorities. The author identifies a number of common characteristics of the new elite. The minority elite does not show any interest in social reconciliation and overcoming racial conflict, but rather makes efforts to incite the latter, to attract the government to its side and increase its role in establishing “social justice” through racial quotas and infringement of the rights of those social strata that it has appointed bearers of systematic racism in society. As the colored elite increases and the government’s role in resolving racial conflicts grows, the minority movement is gradually condemned, it ceases to be a true grassroots movement and turns into astroturfing.


2018 ◽  
Vol 52 ◽  
pp. 00009
Author(s):  
Dani Sintara ◽  
Faisal Akbar Nasution

In administering governance, Regional Heads are given an authority to manage the local finances independently. This authority is regulated in Law Number 9 of 2015 and Government Regulation Number 3 of 2007. Accountability of Regional Heads is a form of a democratic government. In a democratic government, the government has limited power and is not justified to act arbitrarily against its citizens. In reality, the implementation of the accountability is often the result of a political compromise. Political compromises occur due to the behavior of the political elite and the weakness of the existing legislation. This weakness relates to the mechanism of the accountability against the management of regional finances which opens an opportunity between the Regional Heads and the Regional House of Representatives (DPRD) to conduct a negative relationship. The political compromises in the accountability of the Regional Heads have had a negative impact on the local governance. Whereas, the purpose of implementing a regional autonomy is to improve the quality of justice, democracy and prosperity. Therefore, before the DPRD rejects the accountability of the Regional Heads, it must first be tested in the Supreme Court.


2019 ◽  
Vol 26 (2) ◽  
pp. 321-343 ◽  
Author(s):  
Seán Molloy

Primarily known as a pioneer of International Relations (IR) theory, Hans Morgenthau also wrote on a series of other political themes. Especially prominent in his later career is a concern with the right and duty of a theorist to exercise academic freedom as a critic of government power and, especially in this particular case, of US foreign policy. For Morgenthau the responsibility to hold governments to account by reference to the ‘higher laws’ that underpin and legitimize democracy in its truest form was a key function of the theorist in society. Dissensus and healthy debate characterize genuine democracy for Morgenthau who was perturbed by what he perceived to be a worrying concern with conformity and consensus among the political and academic elites of Vietnam War era America. This article investigates the theoretical and philosophical commitments that explain why Morgenthau felt compelled to oppose the government of his adopted state and the consequences of his having done so. For all the vicissitudes he endured, Morgenthau ultimately emerged vindicated from his clash with the political elite and his experience serves as an exemplary case of the effective use of academic freedom to oppose government policy by means of balanced, judicious critique. In the final section I argue that Morgenthau’s approach to theory, theorization and the role of the intellectual in society provides valuable insights into the nature of reflexivity in IR that are of relevance to contemporary debates in the discipline.


Significance Rifts within the political elite are deepening, evidenced by the departure of former Prime Minister Jean Ravelonarivo -- and his cabinet -- last month. However, the installation of a new administration does not portend stability. Impacts The central bank's decision to cut its benchmark interest rate to 8.3% from 8.7% will facilitate borrowing by firms and households. This is unlikely to boost GDP growth given the countervailing effects of political volatility and low commodity prices. The UN secretary general's appeal (on an official trip earlier this month) for the government to tackle graft is unlikely to be heeded. If Madagascar experiences another coup, the Southern African Development Community bloc will likely expel it -- again.


Subject The political impact of the 'Panamagate' scandal. Significance A five-member Supreme Court bench on April 20 ordered the constitution of a Joint Investigation Team (JIT) to probe the legitimacy of the offshore assets (mostly in the United Kingdom and Qatar) of Prime Minister Nawaz Sharif and his family. In coming months, the Court bench will monitor and oversee the investigation in which both civilian law enforcement and military intelligence will participate. Impacts The government will avoid challenging the military’s foreign policy this year. The scandal will increase pressure on the political elite to ensure public probity. A military coup is highly improbable at present.


1974 ◽  
Vol 4 (3) ◽  
pp. 371-381 ◽  
Author(s):  
Donley T. Studlar

Relationships between the public and the political elite in Britain are generally thought to be explicable in terms of a ‘strong leadership’ hypothesis, according to which the public responds to initiatives put forward by leading political actors. Reflecting the popular will is not thought to be a highly prized activity among British politicians, who supposedly share the general cultural expectation that the public defers to the wisdom of those more knowledgeable than themselves, the public being content with the opportunity to pronounce electorally on the fitness of the Government at least once every five years. Occasionally voices are heard demanding that more attention be paid to the wishes of the general public, as in recent years in regard to the Common Market and capital punishment, but these demands have so far gone unheeded.


1980 ◽  
Vol 23 (3) ◽  
pp. 589-615 ◽  
Author(s):  
John Turner

In 1915 and again in 1917 the British government almost decided to buy out the whole of the licensed liquor trade in the United Kingdom. An examination of the circumstances in which this ambitious proposal was contemplated poses serious questions of interpretation for the historian of the first World War. The episode figures in the historiography of temperance as a missed opportunity to use the power of government to solve a longstanding social problem; this, however, was a minor part of the story. In 1915 state purchase was to have helped to reduce industrial absenteeism, and thus to increase munitions production. In 1917 it was to have conserved foodstuffs and saved shipping during the submarine crisis. It can thus be seen as yet another manifestation of ‘war socialism’: but it has two distinctive characteristics. First, the government had little understanding of the economic and social phenomena which it sought to control by assuming ownership of the liquor trade, though much political effort was put into the manoeuvre. Second, the private interests concerned were quite eager, partly because of pre-war conditions, to be expropriated for their own good as much as for the nation's benefit. It is an unexceptionable part of conventional wisdom that the first World War, like the second, was a major catalyst of change, and especially of state intervention in society. The history of state purchase shows how tenuous and haphazard the causal connexion between war and social change could be. The demands of war were (almost) translated into major state intervention, but the process was mediated by the political mythology of drink, by the operation in the political system of a powerful business pressure group, and by the shifting priorities of governments which subordinated all policy to the need to guide a war economy to victory.


2019 ◽  
Vol 59 (1) ◽  
pp. 27-45
Author(s):  
Francesco Gambino

Abstract The paper aims to explore the phenomenon of the spread in democracy of new powers – produced by inexhaustible technological developments – from the perspective of the philosophy of Institutions. It traces the original idea of democracy, in which the «government of the people» arises from the conversion of natural liberty into social and political liberty, dwells on the political and juridical meaning of authority, analyses the traditional instruments used to condition human opinions and behaviours, and reconstructs – in light of this itinerary – the functioning and new grammar of the digital order. What opens before us is a fluid and disorganized scenario, dominated by digital systems, algorithms and artificial intelligence, that draws the attention of philosophers and sociologists, jurists and scholars of language and of anthropology. The old single order, outlined by the political and juridical machine of the modern State – which, through an aloof and solemn language, aimed to impart regularity to human behaviour and to give society direction – is replaced by multifarious models of order, each of which is generated by its own logic, practices, and autonomous control techniques. Under the omnipotence of technology, concepts such as authority, liberty, truth and power undergo a vortex of semantic transformations that penetrate a new symbolic space into human reasoning and actions.


2020 ◽  
Vol 24 (4) ◽  
pp. 1039-1062
Author(s):  
Vitaly V. Kikavets

The basis of legal relations in public procurement are private and public interests. The purpose of the study is a substantive assessment of the authors hypothesis that the purpose of legal regulation and financial support of public procurement is to satisfy the public interest expressed in the form of a public need for goods, works, and services. The methodological basis of the study rests on historical and systematic approach, analysis, synthesis and comparative-legal methods. The results of the analysis of normative legal acts regulating public procurement, doctrinal literature and practice showed that public interest denounced in the form of public need is realized through public procurement. Public and private interests can be realized exclusively jointly since these needs cannot objectively be met individually. In general, ensuring public as well as private interests boils down to defining and legally securing the rights and obligations of the customer and their officials, which safeguards them in the process of meeting public needs through public procurement. The study revealed the dependence of the essence of public interest on the political regime, which determines the ratio of public and private interests. Public interest in public procurement is suggested to understand as the value-significant selective position of an official or another person authorized by the government, which is expressed in the form of the public need for the necessary benefit; gaining such benefit involves both legal regulation and financial security. The purpose of legal regulation of public procurement is to satisfy public interest. These concepts should be legally enshrined in Law No. 44-FZ.


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