modern state
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2022 ◽  
pp. 1-12
Author(s):  
Samera Esmeir

Modern state law is an expansive force that permeates life and politics. Law's histories—colonial, revolutionary, and postcolonial—tell of its constitutive centrality to the making of colonies and modern states. Its powers intertwine with life itself; they attempt to direct it, shape its most intimate spheres, decide on the constitutive line dividing public from private, and take over the space and time in which life unfolds. These powers settle in the present, eliminate past authorities, and dictate futures. Gendering and constitutive of sexual difference, law's powers endeavor to mold subjects and alter how they orient themselves to others and to the world. But these powers are neither coherent nor finite. They are ripe with contradictions and conflicting desires. They are also incapable of eliminating other authorities, paths, and horizons of living; these do not vanish but remain not only thinkable and articulable but also a resource for the living. Such are some of the overlapping and accumulative interventions of the two books under review: Sara Pursley's Familiar Futures and Judith Surkis's Sex, Law, and Sovereignty in French Algeria. What follows is an attempt to further develop these interventions by thinking with some of the books’ underlying arguments. Familiar Futures is a history of Iraq, beginning with the British colonial-mandate period and concluding with the 1958 Revolution and its immediate aftermath. Sex, Law, and Sovereignty is a history of “French Algeria” that covers a century of French colonization from 1830 to 1930. The books converge on key questions concerning how modern law and the modern state—colonial and postcolonial—articulated sexual difference and governed social and intimate life, including through the rise of personal-status law as a separate domain of law constitutive of the conjugal family. Both books are consequently also preoccupied with the relationship between sex, gender, and sovereignty. And both contain resources for living along paths not charted by the modern state and its juridical apparatus.


2021 ◽  
pp. 55-66
Author(s):  
Oleg Kucher ◽  
Nataliia Pokotylska ◽  
Zoia Pustova ◽  
Natalia Pustova

The article examines modern state and prospects of the development of organic market in the context of rationalization of the available natural-resource potential of Ukraine. Basing on the analysis of key organic production indicators it is relevant to conclude that during last year’s there is stable positive dynamics in growing of the area of farmlands that take part in the certified reduced production. Due to the improvement of the organic production recycling the level of organic production consuming and number of certified manufacturers have significantly increased. Consumers of Ukrainian organic production are predominantly the EU countries. Ukraine is interested in the organic market development and there are inevitable resources that can be found in every region of the country. We have characterized the legal principles that enable the organic market and the establishing of relation that are linked to the organic production development which are regulated by the Law of Ukraine and other legislative acts that are related to the issue. Basing on the data of the article and estimation of the organic production consuming level in Ukraine in 2010-2019 there were evaluated forecast indicators of the Ukrainian organic market capacity until 2023.


2021 ◽  
Vol 9 (4) ◽  
pp. 26-30
Author(s):  
David Davidov

The article touches upon the problems of theory and practice of legal regulation. In a modern state, legal regulation is one of the most effective forms of social regulation. This determines the relevance of this topic. In turn, legal regulation should be based on a scientific theory – the theory of legal regulation, which, despite the attention paid to it by scientists, contains a number of controversial points, inaccuracies and errors. The author comes to the conclusion that the meaningful result of legal regulation can be both the development and conservation of public relations. In this context, we can talk about the relevant functions of law.


2021 ◽  
Vol 2 (2) ◽  
pp. 311-321
Author(s):  
Muhammad Mumtaz Ali Khan ◽  
Muhammad Danyal Khan ◽  
Imran Alam

This paper discusses the jurisprudential analysis of law and legislation in a modern state. The main objective of this analysis is to ascertain the role and status of morality in the modern constitutional setup. Various views of legal positivism will be probed in light of the role of morality in codification. The study will comprise upon doctrinal analysis of various positivist writers of the 20th century. Contemporary elements of law in the modern nation-state system are more pro-positivist in approach rather than moral. In the light of these elements, the reader will understand the scope of morality especially religious morality in the contemporary legal framework. A comparative analysis will explain the standards of both theories of legal positivism and naturalist interpretation of laws.


2021 ◽  
Vol 23 (4) ◽  
pp. 525-544
Author(s):  
Vladimir A. Gutorov ◽  
Alexander A. Shirinyants

The analysis of discussions on various aspects of the evolution of the modern state, the specifics of post-communist transformations and the role that Marxism and the tradition of radical socialist thought can play in the near future in their search for a way out of the crisis generated by the agony of the neoliberal global world order. As a starting point for the analysis, theoretical articles published in the second edition of the collection Communism, Anticommunism, Russophobia in post-Soviet Russia. 2nd ed., Add. / Auth.: P.P. Apryshko et al. - Moscow: World of Philosophy, Algorithm, 2021 (607 p.) were selected. A comparative analysis of the polemical works of domestic scientists, political theorists and philosophers with those discussions that for many decades have been conducted by their colleagues abroad clearly indicates that today none of the existing ideologies, as well as the paradigms of economic and socio-political theory, can pretend to be the only recourse. The experience of recent decades clearly excludes the very possibility of transforming the economy and society on the basis of a certain universal synthetic model. In post-communist Russia, the heat of political passions, which stimulates the extreme polarization of political programs for overcoming the crisis, also hinders the achievement of agreement and the search for a solution acceptable to all.


2021 ◽  
pp. 157-177
Author(s):  
Ana Ivasiuc

This chapter follows the anti-Roma laws in Italy, where the government has moved away from inclusion policies for the Roma to downright ethnic repression, policing and surveillance. Despite the fact that the majority of Roma are no longer nomadic, the public still associate them with nomadism and use their non-nomadic lifestyle as a weapon against them, by monitoring the Roma camps and creating special laws that secure the continuous repression of the Roma. Thus, while their status as outsiders and nomads previously made the Roma devilish figures and imagined as travelling and stealing “Gypsies”, it is now their lack of nomadism that is seen as a threat, as the Roma have now settled in society.


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