The Principle of Solidarity in the Civil Law of Russia

2016 ◽  
Vol 4 (11) ◽  
pp. 0-0
Author(s):  
Дмитрий Богданов ◽  
Dmitriy Bogdanov ◽  
Евгений Богданов ◽  
Evgeniy Bogdanov ◽  
Елена Богданова ◽  
...  
Keyword(s):  
Civil Society ◽  
Formation Process ◽  
Social System ◽  
Civil Law ◽  
Atomic Unit ◽  
Centrifugal Forces ◽  
Balance Of Interests ◽  
Entire Society ◽  
Centripetal Forces

The present work reveals the content of the principle of solidarity in civil relations. The principle of solidarity reflects interests of society and an individual as a single social system that allows one to form relationships between the members of society based on solidarity and not on individualism, when pursuing profit making and own interests the interests of both society and the contract partners are ignored. In case there are individualism and selfishness in society centrifugal forces operate, what pulls apart society into some (atomic) unit. But if there are the interests of solidarity then centripetal forces operate, that unites society, integrates the interests of the members of society and of the entire society. It allows reaching not only the balance of interests between the partners in the agreement, but also equilibrium and stability in society. Therefore, the principle of solidarity is of particular importance for the formation process of civil society.

The Voluntarist Path towards a Permissive Legal Environment for Organized Civil Society

2018 ◽  
pp. 233-251
Author(s):  
Nicole Bolleyer
Keyword(s):  
Civil Society ◽  
Civil Law ◽  
Legal Framework ◽  
Legal Regulation ◽  
Voluntary Sector ◽  
Voluntary Organizations ◽  
Legal Environment ◽  
Social Democratic ◽  
Depth Analysis ◽  
Benefit Allocation

In the last part of the study, ideal-typical representatives of three ‘sufficient paths’ identified by the QCA analysis were chosen for in-depth analysis. After explaining the case selection, this chapter analyses the evolution of the legal framework in Sweden representing the ‘voluntarist’ path towards a permissive environment for voluntary organizations. Despite various initiatives towards the adoption of legal regulation of voluntary organizations, reforms were usually considered not sufficiently beneficial for the organizations targeted, or legislation was considered unsuitable as an instrument to address the problem at hand, tendencies rooted in the informality of historically grown relations between the state and organizations in this social democratic voluntary sector regime. If legislation was adopted, it echoed characteristics of Scandinavian civil law by tending towards broad principles that impose few direct constraints on the organizations targeted, leaving plenty of room for interpretation, while putting an emphasis on benefit allocation.

scholarly journals What Can Be Learned from Spatial Economics?

2019 ◽  
Vol 57 (3) ◽  
pp. 575-643 ◽  
Author(s):  
Stef Proost ◽  
Jacques-François Thisse
Keyword(s):  
Spatial Distribution ◽  
Regional Level ◽  
Spatial Economics ◽  
Main Task ◽  
Centrifugal Forces ◽  
Economic Activities ◽  
Distribution Of Wealth ◽  
Urban Level ◽  
Centripetal Forces

Spatial economics aims to explain why there are peaks and troughs in the spatial distribution of wealth and people, from the international and regional to the urban and local. The main task is to identify the microeconomic underpinnings of centripetal forces, which lead to the concentration of economic activities, and centrifugal forces, which bring about the dispersion of economic activities at the regional and urban levels. Transportation matters at both scales, but in a different way. The emphasis is on the interregional flows of goods and passenger trips at the regional level and on individual commuting at the urban level. ( JEL F12, L13, R12, R23, R30, R40)

The problem of letting go: The ‘Big Society’, accountable governance and ‘the curse of the decentralizing minister’

2011 ◽  
Vol 26 (8) ◽  
pp. 652-662 ◽  
Author(s):  
Matthew Flinders ◽  
David S. Moon
Keyword(s):  
Political Accountability ◽  
Centrifugal Forces ◽  
Modern Democracy ◽  
Big Society ◽  
Public Expectation ◽  
Letting Go ◽  
Centripetal Forces

While clear lines of accountability are normally considered a sine qua non of any modern democracy, this article argues that too much accountability can be as problematic as too little. Through the application of a number of analytical ‘hooks’ drawn from the accountability studies literature, it argues that if the coalition government’s rhetorical commitment to a shift from a ‘Big State’ to a ‘Big Society’ is implemented, it may well flounder due to its inability to reconcile the centrifugal forces of devolution and localism with the centripetal forces of political accountability and public expectation. Indeed, without a more aggressive, sophisticated and indeed honest approach to accountability, the ‘Big Society’ is unwittingly likely to forge an even ‘Bigger State’.

scholarly journals Civil society, Islamism and democratisation: the case of Morocco

2006 ◽  
Vol 44 (2) ◽  
pp. 203-222 ◽  
Author(s):  
Francesco Cavatorta
Keyword(s):  
Civil Society ◽  
Middle East ◽  
North Africa ◽  
Social System ◽  
The Political ◽  
Predominant Role ◽  
Potential Force ◽  
Positive Role ◽  
Political Learning

The positive role that an active civil society plays in processes of democratisation is often highlighted in the literature. However, when it comes to the Middle East and North Africa, such activism is considered to be detrimental to democratisation because the predominant role is played by Islamist groups. The explanation for this rests with the perceived ‘uncivil’ and undemocratic Islamist ethos of such groups. This paper challenges this assumption and argues that Islamist associations can be a potential force for democratisation for three reasons. First, they are capable of political learning; secondly, they generate secular civil society activism as a response to their activities, increasing the number of actors in the political and social system; and finally, they can cooperate with other civil society groups on a number of issues, given that they are all subject to the same authoritarian constraints. The paper focuses in particular on the case of Morocco and the Islamist group Jamiat al-Adl wal-Ihsan.

scholarly journals Die Relevanz einer reflexiven beruflichen Weiterbildung für die wirtschaftliche und gesellschaftliche Entfaltung der Russischen Föderation

2015 ◽  
Vol 2 (1) ◽  
Author(s):  
Evelyn Fischer ◽  
Renate Girmes
Keyword(s):  
Professional Development ◽  
Civil Society ◽  
Social Development ◽  
Market Economy ◽  
Social System ◽  
Security Measures ◽  
Fundamental Difficulty ◽  
The Russian Federation ◽  
Important Basis ◽  
Positive Effect

The following discussion focuses on dispositions connected with capitalism and socialism that have characterized Russian societal structures for decades. It points to the construction of both the economic and social system in Russia as predominantly achieved through repressive forms of ruling. Within the population this generated a disposition of extremely low trust in the system, based on the creation of networks through security measures. Since the category of trust is an important basis for anonymous trade and its legal framing in a functional market economy, the article argues that a fundamental difficulty exists for the economic progression of the Russian Federation. The paper lays out why and how professional development can support individuals to become competent and self-directed players, and how this could have a positive effect on the construction of an economically viable civil society in Russia. A reflective-transformative concept of professional development could be conceived and realized as a contribution to overall social development.

scholarly journals Structured, Transitional and Unstructured Civil Societies: An Institutional Approach

2021 ◽  
pp. 299-327
Author(s):  
Rubén Méndez Reategui
Keyword(s):  
Civil Society ◽  
Social System ◽  
Institutional Economics ◽  
Law And Economics ◽  
Environmental Aspect ◽  
Social Agents ◽  
Institutional Approach ◽  
Academic Paper ◽  
Austrian Law ◽  
Civil Societies

This paper seeks to introduce an alternative conceptual taxonomy of civil society as an input to Austrian law and economics and neo-institutional economics. The conceptual framework of the paper develops three categories: unstructured, transitional, and structured civil societies. This categorization was, in part, inspired by Parsons’ (1966, p. 33) contribution to functional sociology: «Society is an intelligent structure, rationally structured to integrate its com-plex parts into a coherent whole (...) A social system consists of a plurality of social agents interacting with each other in a situation which has at least a physical or environmental aspect, agents moti-vated by a tendency towards the “optimization of satisfaction” whose interactions with their own circumstances, are defined and influenced by a culturally shared system of structured symbols.» However, our proposal does not focus on the associative system as a «set» of aggregates (Parsons, 1968).1 In contrast, following a previous academic paper (Mendez, 2013), the individuality of the agents is assumed. This differs from Parsons’ approach (1978), where agents become secondary receivers in the process of so-cialization. In addition, it has been assumed in this paper that the permanent display of individualism (economic subjectivism) in civil society occurs through the interaction of associative agents (Garcia-Guadilla et al., 1997). These individuals acting as «creative or entrepreneurial agents» (Kirzner, 1978a) help to maintain asso-ciative cohesion through productive entrepreneurship (Baumol, 1990).

Civil Law and Civil Society

2010 ◽  
pp. 166-170
Author(s):  
Raquel Campos Franco ◽  
Lili Wang ◽  
Pauric O’Rourke ◽  
Beth Breeze ◽  
Jan Künzl ◽  
...  
Keyword(s):  
Civil Society ◽  
Civil Law

The Description of Formative Judaism: The Social Perspective of the Mishnah's System of Civil Law and Government

AJS Review ◽  
1980 ◽  
Vol 5 ◽  
pp. 63-79
Author(s):  
Jacob Neusner
Keyword(s):  
Civil Society ◽  
Civil Law ◽  
Status Quo ◽  
Systematic Account ◽  
The Social ◽  
The Status ◽  
The Subject ◽  
The Stability ◽  
Definition Of ◽  
The Temple

Mishnah's division of Damages presents a complete and systematic account of a theory of Israelite civil law and government. While drawing on diverse materials of earlier ages, beginning, of course, with the diverse Mosaic codes themselves, Mishnah's system came to closure after the Bar Kokhba War. Like its account of the Temple and its cult, Mishnah here speaks of nonexistent institutions and prohibited activities. There being no Israelite government, Mishnah's legislation for a high priest and Temple, a king and an army, speaks of a world which may have been in times past (this is dubious) but did not exist at the time of the Mishnaic discourse on the subject. The division of damages is composed of two subsystems which fit together logically, one on the conduct of civil society—commerce, trade, real estate, the other on the institutions of civil society—courts, administration. The main point of the former subsystem is that the task of society is to maintain perfect stasis, to preserve the status quo, and to secure the stability of all transactions. In the interchange of buying and selling, giving and taking, torts and damages, there must be an essential equality of exchange. No one should come out with more than he had at the outset. There should be no sizable shift in fortune or circumstance. The stable and unchanging economy of society must be preserved. The aim of the law is to restore the antecedent status of a person who has been injured. When we ask whose perspective is represented in a system of such a character and such emphases, we turn to examine the recurrent subject-matter of the division's cases. The subject of all predicates, in fact, is the householder, the small landholder. The definition of the problems for Mishnah's attention accords with the matters of concrete concern to the proprietary class: responsible, undercapitalized, overextended, committed to a barter economy (in a world of specie and currency), above all, aching for a stable and reliable world in which to do its work.

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