scholarly journals Conceptual interpretations of law in foreign sociology and their importance for effective public administration

Author(s):  
Andrei Andreevich Kovalev

The goal of this research lies in determination of the core philosophical-legal concepts in foreign social philosophy and sociology, which are relevant in modern era for the effective solution of political and administrative tasks. The article examines the views of the prominent foreign philosophers and theoreticians in the field of sociology of law (M. Weber, E. Durkheim, H. Kelsen, D. Nelken, D. Balkin, and others). In light of the uniqueness of their views, they can be encapsulated into the following perspectives: law is the order of relations between people who comprise the society, i.e. social order; politics is one of the regulators of social order, determines the relations between the government and individuals; such political order alongside the economy and culture is one of the three global social systems that are closely intertwined with each other and permanently affect each other. The essence of sociological interpretation of legal ideas can be formulated in three positions: 1) law should be understood as an aspect of social relations, since it is utterly associated with coexistence of individuals in social groups; 2) social phenomena of law should be viewed empirically, through detailed consideration of variability and continuity of social coexistence in the actual historical models, rather than in respect of idealized or abstractly imagined social conditions; 3) social phenomena should be examined systematically: from the empirical fact of social reality to socio-philosophical theory. Sociological comprehension of legal ideas methodologically expresses the own disparate and diverse characteristics of law. It must inform about the legal ideas and provide their interpretation for solving particular tasks of politics and public administration.

Author(s):  
Evgeny M. Shumkin ◽  

In sociology, the interest in order is determined, among other things, by the identification of various factors that labilize and determine it. The factor under consideration, as a subject, is objectively difficult for social analysis and practical application of its results. Among the trigger reasons are legal culture and legitimacy, which are studied in this theoretical work from heuristic and analytical perspectives. It is assumed that legal culture, as a set of values aggregated by society and the state, can itself act as a factor of legitimacy for such an order. The disclosure of heuristic interest is carried out through legal consciousness of a person, a conscious choice of the model of rational (for oneself or the state) behavior, and the work of socio-legal institutions. Identifying the immanent signs of legal culture, we come to a conclusion that the critical mass of socially accumulated and legal knowledge provokes a qualitative leap in the development of both social and legal orders. This development determines the formation of an architecture of not only social but also nomological values, which creates the necessary conditions for the stability of social relations according to the objective rules provided by the legislator. The author emphasizes the impossibility of predetermining the primacy of the values under consideration since social and normative actions ensure the necessary balance of interests that are corresponding in nature, where unsatisfied frustrating expectations are considered as the main problems. Such expectations are associated with the violation of this balance, expressed in the permanent conflict between law and law enforcement, as the quintessence of the penetrating clash of social and legal orders, where society insists on defeating part of the monopoly on violence in the case of citizens’ deviant behavior and demilitarization of the work of legal institutions that is related to the condemnation of non-conformity, and where the state protects the objectivity of the rules of conduct and the extension of their sphere of influence by giving them legitimacy. The considered social order is seen as the basis for such an organization of life in society where the state acts as a moderator, introducing norms as irreducible standards of responsibility of each individual, correcting his behavior model towards rationality through legal culture that ensures legal awareness, conformity and legitimacy of socio-legal institutions. Legal culture laid down by society and supported by the state makes it possible to adopt a rational model of behavior in society and to make it resistant to destructive social phenomena.


2021 ◽  
pp. 14-30
Author(s):  
Andrei Andreevich Kovalev

This article discusses the idea of commonality within the system of philosophical-legal concepts through the prism of history and modernity. This problem is important for understanding the systemic nature of philosophical-legal concepts, considering that the philosophy of law throughout its conceptualization was often either replaced by the philosophy of politics or social philosophy, or veered off, virtually losing commonality with the “unified philosophy”. The research employs the components of comparative law, socio-philosophical, historical-logical, and political science analysis. The works of the foreign authors of the XIX – XX centuries served as the foundation for this research. The scientific novelty lies in the following: 1) the author establishes that the legal concept of commonality offers a means of reconsideration of the attitude of law towards the diversity of social groups and associations that characterize modern life; 2) an important trend is determined in studying the legal concept of commonality, developed for indicating the need for normative reflection of social relations based on trust; it recognizes the diversity of such relations and forms of their expression. This selected topic is relevant in modern world, as well as socio-humanistic knowledge, thus the author's approach allowed achieving the novelty of the formulated conclusions.


Author(s):  
Hryhorii Sytnyk ◽  
Mariia Orel

The purpose of the article is to analyze the factors on which the stability of the social order depends and to substantiate the expediency of its priority in the sphere of national security. The scientific novelty of the article is the justification of the interrelationship between national security and the stability of the social order in the need’s context to merge society around the goals that guarantee its security. Conclusions. The study shows that the sustainability of the social order ensures the existence and security of society and social institutions. We analyzed the axiological dimension of social order and sustainability through the disclosure of the social function of value orientation. We see them as the basis for the choice of action of the elements of social systems. In this context, we emphasized justifying the importance of a conceptual framework for its sustainability that considers the socio-cultural specificities of society and the values of the indivisible. We have shown that the main reason for the danger of social order and stability leading to the disintegration of society is the disparity of traditional values. They inform society of the ideological principles, program goals, and legal norms concerning its existence and the development of the State, which are determined by the highest political leadership. This makes it advisable to study the social system in question, its hierarchical levels, and their interrelationships. Hierarchical levels (moral, legal, conceptual) are described, their interrelationship is described, and it shows the category of sustainability to reflect the qualitative and quantitative assessment of the social order as a social system. Level – the quality (conflict-free) of its internal structuring. Emphasis has been placed on the desirability of distinguishing, at the conceptual level, the social order from the conceptual and ideological, and programmatic aspects this ensures that political decisions are made at the strategic level of public administration and that the strategic objectives of society, the means, and means of achieving them in national security, are justified. It has been established that the most effective means of destroying the State is to generate the prerequisites for threatening the stability of the social order, Therefore, the priority task of the actors of public administration and administration is to develop and implement a set of measures aimed at structuring and harmonizing principles, values and objectives at and between hierarchical levels of social order. We have identified basic prerequisites for the effectiveness of these measures, including mutually agreed goals, timetables, means, and methods of implementing strategies for socio-political and socio-economic development. Key words: social order, national security, public administration, social order and stability risks, value orientations, social order levels


A classic question common to social sciences revolves around how people cooperate. Indeed,under what conditions will cooperation emerge without central authority? However, as the complication ofcommunity is growing, the importance of answering this question is increasing. That’s because the spread ofmass collaboration has changed everything, such as Wikinomics. Questions posted about how networks connectindividuals through structure and process, what rules and resources situate them in larger social systems, andaffect the interaction to and from them. This paper concerns that why people are willing to cooperate withoutthe aid of a central authority and how behavior and norms are affected by social relations. But the answer forpeople developing cooperation has a fundamental effect on social, political, and economic relations with others.Because of the social phenomena is composed of action, interaction, and relationship through network structure,analysts should not discrete individual behavior and ongoing network structure. As central objectives ofnetwork analysis are to measure and represent structural and to explain both why they occur and what are theirconsequences. The approach of this study is to propose network analysis to explain how participator actions forthe cloud aid education in China. The aim of this study is to utilize network diagram to analyze networkstructure of the cloud aid education. Based on longitudinal study, we offer a structural means to understand howknowledge creation and sharing occurs within networks, and then find the key determinants of efficientknowledge management. Mapping these dimensions in social networks enable social and technicalinterventions managers can employ to improve a network’s ability to create and share knowledge. The result isillustrated by investigating conditions of cooperation and identifying social


Author(s):  
Kukuruz Oksana

The need for a comprehensive study of such important social regulators as politics and law actualizes the works of thinkers who created their political and legal concepts in conditions similar to the present – in a period of social transformation. The purpose of this article is to highlight ideas of O. Stronin, M. Drahomanov, B. Kistiakivskyi, S. Dnistrianskyi and V. Starosolskyi regarding the concepts of “policy” and “law”, the relationship between these phenomena. According to the results of the analysis, the author believes that the following ideas of scientists are original and useful for modern state-building and law-making: 1) all phenomena in society are interconnected; ensuring the real needs of society depends on the existence of law, justice and truth in it (O. Stronin); 2) an important basis of democratic policy is knowledge of the peculiarities of their country; science should be directed to the study of phenomena in dynamics; theory should provide scientifically sound practical guidance (M. Drahomanov); 3) it is impossible to create a single concept of law, because there are several such concepts; to develop the scientific policy and policy of law required; an interdisciplinary approach should be applied to the study of social phenomena (B. Kistiakivskyi); 4) policy and law have the same foundations; law is a norm of public life, and politics is a method of managing and predicting social relations; lawyers (“the right of lawyers”) must play an important role in the lawmaking process (S. Dnistrianskyi); 5) in studies of state and law, a dualistic (sociological-legal) approach should be used; the legitimacy of the state depends on the interpretation (legal or political) of the act of self-establishment of the state, political law; scientists should not only produce theoretical guidelines, but also develop practical recommendations (V. Starosolskyi). The article also emphasizes the significant contribution of the above-mentioned scientists to the development of methodology for the research of policy and law, as well as the understanding of science as a necessary basis for policy and law.


2020 ◽  
Vol 5 (1) ◽  
pp. 164
Author(s):  
Andi Lukman Irwan ◽  
Hamka Naping ◽  
Andi Ahmad Yani ◽  
Muhammad Kamil Jafar Nassa

This article aims to analyze the internalization of local values of Bugis culture in the practice of government organizations, as well as the implications of these local values for the public service system. This study uses qualitative research methods, with data collection using observations, interviews, and tracking of related documents. The research location was in the government organization of the Department of Investment and One-Stop Service (Dinas Pelayanan Modal dan Pelayanan Satu Pintu - DPMPS) of Sinjai Regency. The results show that there is an internalization of local values; (1) 'lempu' (honest), (2) 'amaccang' (intelligence), (3) 'astinajang' (propriety), (4) aggatenggeng (firmness), (5) sipakatau and sipakainge, and (6) ajjoareng which have existed since the past and considered to be synergized in the principles of service and apply in the culture of the community that supports the implementation of public services. Then, adopting local values is in line with the principles of good governance namely transparency, accountability and legal certainty. In addition, public administration indicators are oriented to the benefits and effectiveness in achieving goals and as a study of governance and social order.


Author(s):  
Christian Lotz

In this essay I briefly analyze why the concept of class has disappeared in recent social philosophy, such as in the philosophies of Badiou, Negri/Hardt, and Honneth. I argue that a change in the foundations of their social ontologies has led to the dismissal of the concept of class and, in addition, I argue that these changes are unwarranted, since they lead to a loss of a critical concept of society. Then, in a second part, I argue that the concept of class deserves a systematic status within a theory of capitalist sociality, especially since the concept of class can be traced back genetically to violent social relations that are derived from the capitalist social order.


The aim of the research is to develop proposals and recommendations aimed at improving the organizational and legal framework for the work of state bodies with appeals from individuals and legal entities. The object of the research is considered to be the system of social relations connected with the organizational and legal bases of the work of state bodies with appeals of individuals and legal entities in the Republic of Uzbekistan. The scientific novelty of the research is as follows: in order to clarify the scope of the Law of the Republic of Uzbekistan «On Appeals of Individuals and Legal Entities», as well as when dealing with state authorities, one person submitted several appeals of the same content several times, accepting appeals through video communication and legal assessment, clarifying copies of the appeals of exactly the same content. Such legal concepts as «repeated appeal», «duplicate appeal», «video conferencing»; justified the need for the government body reviewing the appeal, the decision to terminate the consideration of the appeal, if new reasons are not given new reasons or newly discovered circumstances, if the previous materials of the appeal contain comprehensive verification materials and the appellant answers in the prescribed manner; The necessity of the announcement on official websites of the relevant state bodies of references (comments), compiled on the basis of the results of the association and analysis of appeals; when clarifying the scope of the Law «On Internal Affairs Agencies», as well as when dealing with appeals of individuals and legal entities, the necessity of a report by an employee of the internal affairs bodies of their positions, titles, surnames, first names and patronymic when they are addressed to a citizen, the obligation to listen carefully.


2020 ◽  
Vol 1 (02) ◽  
pp. 103-114
Author(s):  
Moh. Toriqul Chaer ◽  
Muhammad Atabiqul As'ad ◽  
Qusnul Khorimah ◽  
Erik Sujarwanto

The continuity of learning programs during the COVID-19 pandemic found educational institutions, especially Madrasah Ibtidaiyyah (MI) temporarily closed the learning process in schools. To prevent the spread of COVID-19 that is currently engulfing Indonesia. Lack of preparation, readiness and learning strategies have a psychological impact on teachers and students. Declining quality of skills, lack of supporting facilities and infrastructure. Learning from home (online) is an effort by the government program to ensure the continuity of learning in the pandemic period. The research method uses participatory action research (PAR), which focuses on understanding social phenomena that occur in the community and mentoring efforts on the problems faced. The assistance effort is to help the children of MI Sulursewu, Ngawi in participating in online learning related to; 1). Preparation of activities, 2). Counselling participants offline method, 3). Offline activities method. Results of the study show that the mentoring activities following the target of achievement; first, the activity can be carried out following the schedule that has been set. Second, students are always on time for the online learning hours that have been set. Offline methods show that efforts can help ease the burden on parents, but can also make it easier for students to receive subject matter.  


Author(s):  
Ramnik Kaur

E-governance is a paradigm shift over the traditional approaches in Public Administration which means rendering of government services and information to the public by using electronic means. In the past decades, service quality and responsiveness of the government towards the citizens were least important but with the approach of E-Government the government activities are now well dealt. This paper withdraws experiences from various studies from different countries and projects facing similar challenges which need to be consigned for the successful implementation of e-governance projects. Developing countries like India face poverty and illiteracy as a major obstacle in any form of development which makes it difficult for its government to provide e-services to its people conveniently and fast. It also suggests few suggestions to cope up with the challenges faced while implementing e-projects in India.


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