PENCABUTAN HAK POLITIK TERPIDANA KORUPSI DALAM PERSPEKTIF SOCIAL CONTRACT THEORY

This research aim is to provide a theoretical basis to permanently remove the political rights of a former prisoners of corruption as an alternative to achieve the purpose of criminal law. This normative research uses conceptual, statute and philosophical approach method. This research result indicate that based on the social contract theory, corruption is a criminal act which has injured the volonte generale and in this regard, a new concept is offered. The new concept is permanent revocation of political rights for a former coruption convicts that in line with peines infarmantes principle but does not apply automatically and must go through a court decision and be apllied for life (restitutio in integrum).

The Nexus between Bad Governance, Ungoverned Spaces and Terrorism: Analysing the Boko Haram Insurgency in the Lake Chad Basin through the lenses of the Social Contract Theory

<p>The Lake Chad Basin is one of the most fragile and politically unstable regions in Africa. This is largely due to the insurgency of Boko Haram which broke out in Nigeria’s north-eastern region and later spilled over to northern Cameroon, western Chad and south-eastern Niger. By 2020, approximately 37000 people had died and 2.6 million displaced as a consequence of the crisis. The conflict has undermined security in vast human habitats, destroyed billions of dollars’ worth of critical public goods, damaged livelihoods and left millions of affected populations without access to basic services. The challenge in academic and peacebuilding spaces has been to dissect and tackle the principal causes of the conflict. Whereas there is substantial literature on the religious, political, social, economic and environmental drivers of the insurgency in Nigeria, much is not known about the governance environment that facilitated its outbreak and spread. To understand this, this article adopts the social contract theory to critically examine the correlation between bad governance, ungoverned spaces and the insurgency in the affected countries. The paper uses secondary sources to supplement primary data from key informant interviews and focus group discussions in Nigeria's Borno State, Chad's Lake Province, Cameroon's Far North Region, and Niger's Diffa Region.</p>

The Nexus between Bad Governance, Ungoverned Spaces and Terrorism: Analysing the Boko Haram Insurgency in the Lake Chad Basin through the lenses of the Social Contract Theory

<p>The Lake Chad Basin is one of the most fragile and politically unstable regions in Africa. This is largely due to the insurgency of Boko Haram which broke out in Nigeria’s north-eastern region and later spilled over to northern Cameroon, western Chad and south-eastern Niger. By 2020, approximately 37000 people had died and 2.6 million displaced as a consequence of the crisis. The conflict has undermined security in vast human habitats, destroyed billions of dollars’ worth of critical public goods, damaged livelihoods and left millions of affected populations without access to basic services. The challenge in academic and peacebuilding spaces has been to dissect and tackle the principal causes of the conflict. Whereas there is substantial literature on the religious, political, social, economic and environmental drivers of the insurgency in Nigeria, much is not known about the governance environment that facilitated its outbreak and spread. To understand this, this article adopts the social contract theory to critically examine the correlation between bad governance, ungoverned spaces and the insurgency in the affected countries. The paper uses secondary sources to supplement primary data from key informant interviews and focus group discussions in Nigeria's Borno State, Chad's Lake Province, Cameroon's Far North Region, and Niger's Diffa Region.</p>

Expanding the Theoretical Framework in Student Debt Research by Connecting Public Policy Theories to the Student Debt Literature

Current changes in the economic atmosphere have severely impacted the higher education sector worldwide. Policymakers worldwide are facing the challenge of adjusting tuition and financial aid programs in response to these changing economic times. The shift from federal grants to loans has caused student loans to be a popular means of funding higher education for most low and medium-income families. A result of this, is the increase in student loan default as most college students graduate with unmanageable debts, thus, a rising concern for policymakers. The purpose of this paper is to link four public policy theories (Social Contract Theory, Utilitarian Theory, Theory of Neoliberalism, and Three-Policy Stream Theory) to student loan literature. This is to expand the limited database of public policy theories in student loan debt literature. This theoretical linkage points out the role of policymakers in (1) ensuring the security of lives and the preservation of the property of those who voted them into power (Social Contract Theory); (2) establishing educational policies that ensure the ‘the greatest happiness of the greatest number’ (Utilitarian Theory); (3) upholding social welfare or a ‘welfare state’ through fiscal and monetary policies to ensure high employment rates for graduates, low inflation and the provision of public goods (Theory of Neoliberalism), and (4) the risk of undermining the growing power of an informal interest group that is made up of millennials saddled with student loan debt (Three-Policy Stream). These theories reiterate the principal role of policymakers in enhancing human capital through affordable education.

Diversity and Self-Organized Complexity

Part II of the volume takes up Hayek’s second unsettling thesis: that the Open Society is too complex for the practice of moral justification. To begin to analyze this unsettling thesis, it first considers the nature of the Open Society, and why it is characterized by extreme diversity and complexity. Thus the first section of this essay seeks to distinguish Millian and other liberalisms from the far more deeply diverse Open Society. It then argues that the Open Society is characterized by a process of autocatalytic diversity, which leads to ever-increasing complexity. This second essay concludes with an account of how the constitutive moral rules of the Open Society can be justified. It endorses Hayek’s criticism of social contract theory, proposing in its stead a self-organization model of moral justification.

Constitution as Social Contract in Contemporary Ethiopia: The Need to Re-construct Political Arrangements

Constitutions represent social contracts that accommodate subjective interests of groups within the framework of impersonal shared interests among citizens of the society at large. This article examines the contemporary social contract theory in relation to the constitutional making process in Ethiopia. The lawmaking process of Ethiopia’s 1995 Constitution does not fulfil the procedural legitimacy of social contract because important sections of the society were neglected. The institutions created by the FDRE Constitution denote the subjectivist approaches to social contract theory thereby ignoring the impersonal interests of the society. To accommodate both the subjective ends and impersonal interests of the society, the Constitution should be reconstructed in light of the dualist contemporary social contract theory. This article argues that Ethiopia's contracting actors should consider both the subjective and impersonal interests of society. The article examines the conditions that make constitution a social contract. It also discusses the controversies concerning Ethiopia's Constitution in light of the theory of social contract, and tries to show what the Constitution should fulfil as a social contract in contemporary Ethiopia.

Law and Justice among the Socratics: Contexts for Plato’s Republic

At the beginning of Republic 2 (358e–359b), Plato has Glaucon ascribe a social contract theory to Thrasymachus and ‘countless others’. This paper takes Glaucon’s description to refer both within the text to Thrasymachus’ views, and outside the text to a series of works, most of which have been lost, On Justice or On Law. It examines what is likely to be the earliest surviving work that presents a philosophical defence of law and justice against those who would prefer their opposites, On Excellence by an anonymous author usually referred to as ‘Anonymus Iamblichi’; the views on these topics among the Socratics, including Crito, Simon the Cobbler, Aristippus of Cyrene, and Antisthenes; and Socrates’ debate with Hippias ‘On Justice’ in Xenophon’s Memorabilia (4.4.5–25). Its main contention is that the ‘countless others’ referred to by Glaucon points chiefly, but not solely, to the members of the circle of Socrates, who themselves espoused a range of views on justice and law, and their relations.

Theoretical Background: The Inclusion of Disabled People

This chapter starts by challenging the view of independence in legal theory. It goes on to assess social contract theory, in particular Rawls’s Theory of Justice, as well as criticisms of this theory put forward regarding disability. The aim is not only to expose the vacuum in political theory as well as the failure to offer disabled people equal moral consideration but also to examine what are the possible ways forward. The chapter therefore explores how theories of justice other than the social contract theory can be used in order to determine what is needed for including disabled people. It discusses two such theories, namely capabilities and recognition theories, and investigates both their limits and their potential in making them of benefit to all disabled people. It also proposes a combination of those theories so as to gear them towards the objectives of the CRPD.