scholarly journals Political science of law within the system of legal research (articulation of the problem)

Author(s):  
Igor Aleksandrovich Kuzmin

Theoretical and empirical data indicate that along with the philosophy and sociology of law, it is necessary to acknowledge the value and applicability of toolset of the political science of law. It is substantiated that determination of the scientific status of political science of law as an element of general theoretical science of law or an independent science at the initial stage of “testing” its methodological perspectives is not an end in itself. Based on the analysis of sociopolitical practice, national and foreign conceptual ideas, as well as provisions of the effective legislation of the Russian Federation and specifics of its application, the author concludes on the infiltration of politics into the structure of state-legal reality on a deeper level. For increasing the accuracy of the acquired results, the author employs dialectical approach and main logical methods (analysis, synthesis, deduction, extrapolation, etc.), as well as referred to the basic general theoretical principles of jurisprudence, considering the peculiarities of political science knowledge. The author also expresses his opinion on the need for further research in the area of application of political science of law, as well as the prospects and desirable results of its implementation in legal research.

1971 ◽  
Vol 1 (1) ◽  
pp. 71-90 ◽  
Author(s):  
Douglas Rae ◽  
Michael Taylor

Contemporary political science is rightly concerned with the complex relationship between the political process and the public policies in which it results. In understanding this relationship, it may be useful to distinguish two complementary aspects of the political process: (1) those which are relevant because they account for the policy preferences of elite-members and, (2) those elements, like voting and bargaining, which are of interest because they determine policy outcomes from given configurations of elite preferences. This paper offers a theoretical model for an important component of this second aspect: it is explicitly addressed to legislative voting processes and the underlying strategies of legislators as these contribute to the determination of policy outcomes. And, for the present, we take preference-formation as given.


2021 ◽  
Vol 16 (1) ◽  
pp. 25
Author(s):  
I Gusti Ayu Jatiana Manik Wedanti

<p><em>The implementation of the regional head general election in the context of the election of the Regent and Deputy Regent in Badung Regency in 2020 then recorded the first history in the implementation of the regional head general election simultaneously in Bali Province, namely the determination of one candidate pair as the only participant participating in the regional head general election held in Badung Regency in 2020. This is certainly interesting to analyze so that in this paper it will be analyzed and described the relationship between elections with integrity and the determination of a single candidate in the general election for the regional head of Badung Regency in the simultaneous regional head elections in 2020. This writing uses normative legal research methods. Where in this paper, we use statutory studies and literature to analyze the determination of a single candidate in the regional head elections in Badung Regency in the context of the election of the Regent and Deputy Regent in 2020. The results of the analysis carried out were the determination of one candidate pair in the general election of the Regent and Deputy Regent in Badung Regency by the KPU of Badung Regency has been following the basic legal provisions of the implementation of regional head elections and the determination of one candidate pair in the regional head general election for the election of regents and deputy regents in Badung Regency in 2020 and has fulfilled the principles of elections with integrity, namely the general election of the head regions must continue to be implemented even though there is only one pair of participants participating in the regional head election competition so that the political rights of citizens to be able to elect their leaders based on the principles of democracy are fulfilled the elected leader is expected to be able to carry out the task us and its obligation to prosper and protect its people.</em></p><p><strong>Keywords</strong>: <em>Election for regional heads, Election with Integrity, One Candidate Pair, Democracy</em></p>


Author(s):  
Muhammad Yusrizal Adi Syaputra

The political party's position as a determinant of government head nomination in Indonesia made the political party a central and strong role in the determination of the Cabinet in the presidential government of Indonesia and allowed the political party to determine the Cabinet domination established by the President elected. This research aims to determine the model of the presidential institution strengthening in the multi-party era in Indonesia and to know the political and juridical construction of the presidential institution in determining the cabinet in Indonesia. The method used is a normative legal research method with a conceptual approach. The results of this research are, firstly that the strengthening of the presidential institution in the multi-party era can occur when done with the restriction of political parties through the mechanism of the parliamentary threshold. Secondly, that the political construction of the cabinet determination by the President is based on the coalition of political party supporters of the government, and the juridical construction of the President may elect the Minister of the party proposal because it is based on article 6A paragraph (2) The Constitution of the Republic of Indonesia 1945. Kedudukan partai politik sebagai penentu pencalonan kepala pemerintahan di Indonesia menjadikan Partai Politik memiliki peran sentral dan kuat dalam penentuan kabinet di Pemerintahan Presidentiil Indonesia dan memungkinkan partai politik untuk menentukan dominasi kabinet yang dibentuk oleh Presiden terpilih. Penelitian ini bertujuan untuk mengetahui model penguatan lembaga kepresidenan pada era multi partai di Indonesia, dan untuk mengetahui konstruksi politis dan yuridis lembaga kepresidenan dalam menentukan kabinet di Indonesia. Metode yang digunakan adalah metode penelitian hukum normatif dengan pendekatan konseptual. Hasil penelitian memperlihatkan bahwa pertama, penguatan lembaga kepresidenan di era multi partai dapat terjadi apabila dilakukan dengan pembatasan partai politik melalui mekanisme parlementary threshold. Kedua, bahwa konstruksi politis penentuan kabinet oleh presiden didasarkan atas koalisi partai politik pendukung pemerintahan, dan konstruksi yuridis presiden dapat memilih menteri dari usulan partai karena didasarkan pada Pasal 6A ayat (2) UUD 1945.


Politics ◽  
2005 ◽  
Vol 25 (1) ◽  
pp. 1-11 ◽  
Author(s):  
Laura Jenkins

The definition and boundaries of the political have received considerable attention in recent times in political science, perhaps as a result of the wavering confidence in the scientific status of the knowledge that the discipline creates. However, a conspicuous absence continues to haunt mainstream political science, one that if rectified threatens, in some ways, to broaden both the nature of the political still further and to challenge the very division of knowledge into the social and natural sciences. This absence is the human body and this article seeks to ask after its exclusion and to suggest that its exclusion is both political and needs rectifying. I argue that the exclusion of the body in political science is a consequence of an inadequate ontological short cut, which is accepted (mostly) unquestioningly by political analysts and which has severe epistemological and methodological consequences. I suggest that a more reflective consideration of the body and its dynamic interplay with the mind could offer the discipline a greater understanding of the human subject, as well as alter power-knowledge relations.


Author(s):  
Heraldo Elias De Moura Montarroyos

AS MELHORES TESES DE DIREITO PREMIADAS PELA FUNDAÇÃO CAPES: LIÇÕES EPISTEMOLÓGICAS DE COMO SE FAZ UMA PESQUISA JURÍDICA DE EXCELÊNCIA NO BRASIL  THE BEST THESES OF LAW AWARDED BY THE CAPES FOUNDATION: EPISTEMOLOGICAL LESSONS ON HOW TO MAKE A LEGAL RESEARCH OF EXCELLENCE IS IN BRAZIL  Heraldo Elias de Moura Montarroyos*  RESUMO: O objetivo desse estudo é diagnosticar e valorizar o modo de produção do conhecimento de seis teses de Direito que venceram o concurso nacional de melhor tese da Fundação Capes-Ministério da Educação no período 2010-2015. Esse diagnóstico e crítica construtiva acompanharam as diretrizes de um metaprograma de pesquisa jurídica construído especialmente para essa finalidade, desenvolvendo três categorias do conhecimento (ontologia, metodologia e teoria), cuja aplicação criteriosa revelou dois aspectos fundamentais. O primeiro aspecto significativo é que as teses de Direito premiadas pela Fundação Capes-Ministério da Educação utilizaram a mesma estrutura genérica de raciocínio, apresentando regras filosóficas, metodológicas e teóricas harmônicas e interdependentes que asseguraram a coerência dos argumentos originais dos pesquisadores. O segundo aspecto revelador é que a maioria absoluta das teses premiadas se concentraram na área da Ciência Política do Direito, apresentando propostas direcionadas ao Poder Legislativo e Judiciário. PALAVRAS-CHAVE: Idealismo Jurídico. Realismo Jurídico. Criticalismo Jurídico. ABSTRACT: The objective of this study is to diagnose and value the way of production of the knowledge of six theses of Law that won the national competition held by Capes Foundation - Ministry of Education in the period 2010-2015. This diagnostic and constructive criticism followed the guidelines of a legal research metaprogram built especially for this purpose, developing three categories of knowledge (ontology, methodology and theory), whose careful application revealed two fundamental aspects. The first significant aspect is that the law theses awarded by the Capes Foundation - Ministry of Education used the same general structure of reasoning, presenting philosophical, methodological and theoretical harmonic and interdependent rules that ensured the coherence of the original arguments of the researchers. The second revealing aspect is that the absolute majority of the theses awarded concentrated on the Political Science of Law, presenting proposals directed to the Legislative and Judiciary. KEYWORDS: Juridical Idealism. Juridical Realism. Juridical Criticalism.  SUMÁRIO: Introdução. 1 Ontologias Científicas. 1.1 Criticalismo de base realista, segundo Alf Ross. 2 Metodologia Geral das Ciências Jurídicas. 3 Teorias Jurídicas. 4 Conteúdo Programático das Teses. 4.1 Prêmio CAPES 2010. 4.1 Prêmio CAPES 2011. 4.3 Prêmio CAPES 2012. 4.4 Prêmio CAPES 2013. 4.5 Prêmio CAPES 2014. 4.6 Prêmio CAPES 2015. 5 Diagnóstico. 6 Considerações Finais. Conclusão. Referências.* Doutor em Filosofia pela Universidade de São Paulo (USP). Professor dos cursos de Direito da Universidade Federal do Pará (UFPA) e da Universidade do Sul e Sudeste do Pará (UNIFESSPA). 


2020 ◽  
Vol 210 ◽  
pp. 03002
Author(s):  
Victor Chigvintsev ◽  
Oleg Artyukhin ◽  
Victor Tereshchenko ◽  
Alexander Ponedelkov ◽  
Anna Kritskaya

The purpose of the study is a political science analysis of existing approaches to ensure food security in Russia, identifying food risks and threats to national security and determining the most effective model of agricultural policy for modern Russia. The research methodology was based on the toolkit of political science analysis, which made it possible to identify political problems of ensuring the food security of the Russian Federation. Interdisciplinary approach using historical and comparative elements contributed to a deep analysis of agricultural policy and the identification of effective models for ensuring Russian food security. The research is based on general scientific methods of analysis, synthesis, as well as structural-functional and modeling method. Political science analysis of food security in the context of ensuring national security is carried out. The Russian agrarian potential in the conditions of the existing challenges and threats to the national security of Russia is investigated. The essence of state protectionism as a priority of agricultural policy in ensuring economic and national security is shown. The article describes the "Doctrine of food security of Russia" as an important tool for strategic planning and considers the essence and main features of the political and economic strategy for ensuring food security in the course of agrarian reforms.


2020 ◽  
Vol 1 (1) ◽  
pp. 141-153
Author(s):  
Adolphus G. Belk ◽  
Robert C. Smith ◽  
Sherri L. Wallace

In general, the founders of the National Conference of Black Political Scientists were “movement people.” Powerful agents of socialization such as the uprisings of the 1960s molded them into scholars with tremendous resolve to tackle systemic inequalities in the political science discipline. In forming NCOBPS as an independent organization, many sought to develop a Black perspective in political science to push the boundaries of knowledge and to use that scholarship to ameliorate the adverse conditions confronting Black people in the United States and around the globe. This paper utilizes historical documents, speeches, interviews, and other scholarly works to detail the lasting contributions of the founders and Black political scientists to the discipline, paying particular attention to their scholarship, teaching, mentoring, and civic engagement. It finds that while political science is much improved as a result of their efforts, there is still work to do if their goals are to be achieved.


2020 ◽  
Vol 1 (2) ◽  
pp. 192-207
Author(s):  
Juliette Barbera

For decades, both incarceration and research on the topic have proliferated. Disciplines within the Western sciences have studied the topic of incarceration through their respective lenses. Decades of data reflect trends and consequences of the carceral state, and based on that data the various disciplines have put forth arguments as to how the trends and consequences are of relevance to their respective fields of study. The research trajectory of incarceration research, however, overlooks the assumptions behind punishment and control and their institutionalization that produce and maintain the carceral state and its study. This omission of assumptions facilitates a focus on outcomes that serve to reinforce Western perspectives, and it contributes to the overall stagnation in the incarceration research produced in Western disciplines. An assessment of the study of the carceral state within the mainstream of American Political Development in the political science discipline provides an example of how the research framework contributes to the overall stagnation, even though the framework of the subfield allows for an historical institutionalization perspective. The theoretical perspectives of Cedric J. Robinson reveal the limits of Western lenses to critically assess the state. The alternative framework he provides to challenge the limits imposed on research production by Western perspectives applies to the argument presented here concerning the limitations that hamper the study of the carceral state.


Author(s):  
O.S. Bezuglova ◽  

Rostov Region belongs to the highly protected natural territories characterized by the continuous plowing. There territories are the only reserves with the soils preserved in their natural state. However, these areas often lack detailed information about the soils quality and composition. Surveying soils on these territories is crucial for determination of their basic physical and chemical properties. The resulted compilation of soil maps could lay a foundation for creating the Red Book of Soils and the formation of a section in the soil-geographical database of the Russian Federation. Subsequently, such information can be used as a background data for the main types of soils in the region. It will be also valuable during monitoring and justification of conservation measures.


2016 ◽  
Vol 4 (2) ◽  
pp. 170 ◽  
Author(s):  
K. Eylem Özkaya Lassalle

The concept of failed state came to the fore with the end of the Cold War, the collapse of the USSR and the disintegration of Yugoslavia. Political violence is central in these discussions on the definition of the concept or the determination of its dimensions (indicators). Specifically, the level of political violence, the type of political violence and intensity of political violence has been broached in the literature. An effective classification of political violence can lead us to a better understanding of state failure phenomenon. By using Tilly’s classification of collective violence which is based on extent of coordination among violent actors and salience of short-run damage, the role played by political violence in state failure can be understood clearly. In order to do this, two recent cases, Iraq and Syria will be examined.


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