scholarly journals "Jurisprudential Massage": Legal Fictions, Sectarian Citizenship, and the Epistemics of Dissent in Post-socialist China

2020 ◽  
Vol 35 (4) ◽  
Author(s):  
Andrea E. Pia
Keyword(s):  
High Tech ◽  
The Political ◽  
State Laws ◽  
State Coercion ◽  
Legal Fictions ◽  
Dispute Mediation

While China leads the global race to high-tech surveillance, a homegrown low-tech institution of dissent management is currently experiencing a surprising revival: dispute mediation. Drawing on Confucian and socialist practices of justice, Yunnanese dispute mediators are today considerably innovating the jurisprudential techniques that frame the composition of conflict and the meaning of state laws in dispute settings. Jurisprudential massage is the emic term given to one such technique. Here I show how this technique stands for the deployment of therapeutic analogies and legal fictions with the aim of reorienting the political sensibilities of disputants toward a neo-paternalistic form of citizenship. Contributing to the anthropology of law and resistance, this article shows how civil dissent cannot only be physically quenched through state coercion and silenced by pervasive surveillance or tactical buyouts but can also be ushered off the political stage by a selective redrawing of the epistemic foundation of legality.   摘要 当中国政府在大力发展高精端社会监控技术的同时, —种土生的低端社会抗争管理机制, “争议调解”, 也正在蓬勃发展。在综合了孔子的正义观和相关的社会 主义实践经验之后，如今, 云南的争议调解人员在法理的应用上体现出了相当 的技术创新力。他们往往很有技巧性的用法律来确定争议的构成性质, 也时常 会就案件的实际需要用它们来诠释国家法令。在当地，这种技术被称为 “法理按 摩”. 笔者在本文欲描述当地的调解人员是如何通类理疗和法律拟制等方法来 完善这套调解技巧的. 对于他们来说, 使用这些技巧的目的是重新塑造抗争者 的政治觉悟, 将其转变为—种新父权主义形式下的公民意识. 旨在丰富法人类 学和社会抗争理论，笔者借本文展现了公民抗争不仅仅会因国家强制，或因无 所不在的社会监控和政治买断而“消声觅迹”，同时也会因地方法律从业者对行 为合法性认知基础的重新划定而退出政治舞台.

scholarly journals Law Enforcement against Criminal Acts in Politics in Indonesia Connected with Positive Law

2017 ◽  
Vol 10 (3) ◽  
pp. 51
Author(s):  
Tedie Subarsyah
Keyword(s):  
Law Enforcement ◽  
Descriptive Analysis ◽  
Criminal Policy ◽  
Legal Positivism ◽  
Political Activity ◽  
High Tech ◽  
The Political ◽  
Political Processes ◽  
Positive Law ◽  
Political Crime

Political crimes are deemed to be problem, especially regarding their enforcement. Positive law has been set but the political crimes continue to occur. It is presumably caused by unpreparedness of the supporting factors to compensate for sophisticated and varied political crimes, criminal sanctions and a weak political will. As a result, there is a gap because of the breach of the law principles itself. Accordingly, it is necessary to study whether the positive law enforcement can reach all kinds of political crimes, how the criminal policies are formulated and the constraints and solutions to be pursued. In exposing the above issues, this research is descriptive analysis using normative juridical method. Their validity are checked through triangulation examination technique and then analyzed by qualitative analysis. The results revealed that political crimes are crimes against public interest and the occurrence process relates with the power and political activity as their means. If the power and political activity are synergized and strong, the political crimes will find their perfection. Positive law is essentially the result of a series of political processes. Consequently, any enforcement effort of positive law on political crime cannot be completed because political crime always coincides with high-tech, high management and high politic beyond the boundaries of reality (law, morality, culture and common sense). It then develops into a discourse that is planned, organized and controlled to be untouched and unreached crime. Meanwhile, positive law works in a linear-mechanistic way based on doctrine of Legal Positivism or Rechtsdogmatiek by promoting criminal policy in the form of penal policy that in reality had lost much of its authority.

Conservatives and the Parliament: State Duma Reform Projects of 1907–1917

2018 ◽  
Vol 42 ◽  
pp. 195-200
Author(s):  
Fyodor A. Gayda
Keyword(s):  
The State ◽  
The Other ◽  
The Political ◽  
Right Wing ◽  
State Laws ◽  
Coup D'etat ◽  
The Third ◽  
Parliamentary System ◽  
Political Configuration ◽  
The Government

 The article is devoted to conservative projects of reforming the State Duma, which was established in Russia in 1906. Those projects can be divided into two groups. Some projects were proposed by Russian nationalists (M.O. Menshikov, I.P. Balashov), who supported Stolypin and claimed to be one of the two main forces of the parliamentary majority. Nationalists sought to preserve the legislative powers of the Duma and stressed that the reform was supposed to strengthen parliamentarism. The projects of the nationalists proposed only partial adjustments to the parliamentary system, but still changing the Basic State Laws (in other words the coup d’état). The government did not support this path. The other projects were initiated by right-wing conservatives (L.A. Tikhomirov, K.N. Paskhalov, prince V.P. Meshchersky). Right-wing conservatives proposed turning the Duma into a legislative institution. This completely changed the political configuration and eliminated the “The Third of June” system. Both nationalist and right-wing projects were rejected by the government, albeit for different reasons: either due to their indeterminate character (nationalist projects) or due to their radicalism (right-wing projects). The ministers invariably considered the reorganization of the Duma more difficult than finding ways to cooperate with it.

Causes and Consequences of American Minimum Wage Legislation, 1911–1947

1995 ◽  
Vol 55 (2) ◽  
pp. 376-378 ◽  
Author(s):  
Andrew Seltzer
Keyword(s):  
Political Economy ◽  
Minimum Wage ◽  
The State ◽  
Labor Standards ◽  
The Political ◽  
State Laws ◽  
Early American ◽  
Federal Minimum Wage ◽  
Fair Labor Standards Act ◽  
Minimum Wage Legislation

Although in the last two decades there have been literally hundreds of studies of postwar minimum wage legislation, there have been but a handful of studies of the first federal minimum wage, the Fair Labor Standards Act of 1938 (FLSA), and no studies of the state laws that preceded it.1 My dissertation attempts to bridge this gap by examining the political economy and effects of early American minimum wage legislation.

scholarly journals Anti-Russian Sanctions as a Prerequisite for Expanding International Scientific and Technical Cooperation with Asian Countries

2021 ◽  
Vol 2021 (2) ◽  
pp. 155-164
Author(s):  
Eugene Anichkin ◽  
Alexey Rezinkin
Keyword(s):  
High Tech ◽  
The Political ◽  
Technical Cooperation ◽  
Asian Countries ◽  
Shanghai Cooperation Organization ◽  
Academic Mobility ◽  
Narrow Scope ◽  
The Russian Federation ◽  
Scientific Diplomacy ◽  
Selective Character

The article describes the international scientific and technical cooperation (ISTC) of the Russian Federation with foreign states in the context of the anti-Russian sanctions. The research featured the political and economic anti-Russian sanctions that define the current cooperation in the scientific and technical field. The authors described the phenomenon of sanctions, their main types, reasons, specific features, etc., putting stress on the industrial and selective character, as well as on their indirect influence on Russian ISTC. There are no scientific and technological sanctions per se; however, the current political and economic sanctions keep affecting the ISTC sphere, e.g. inability to purchase and deliver reagents and high-tech equipment, to accept financing from foreign funds, etc. The sanctions manifest themselves as narrow scope of research projects, low academic mobility, etc. The two areas with appropriate mechanisms to counter the sanctions policy are political and legal. For instance, a diversified state policy could be developed to support ISTC. Public scientific diplomacy and an official vector of development might be of great help, in particular, the Asian vector of ISTC development. The authors believe ISTC should take place between the members of the Shanghai Cooperation Organization. The legal counteraction mechanisms include issuing normative legal acts, suspension of international agreements in ISTC, counter-sanctions, and international arbitration.

scholarly journals Political Stereotype in the Process of Political Communication

2019 ◽  
pp. 140-145
Author(s):  
Oksana Shurko
Keyword(s):  
Political Communication ◽  
Information Technologies ◽  
Causal Attribution ◽  
Communication Channels ◽  
High Tech ◽  
The Political ◽  
Political Consciousness ◽  
Political Messages ◽  
Mass Consciousness ◽  
Political Conditions

The dynamic development of various information technologies, the formation of a single information space, the spread of modern high-tech tools that provide constant access to communication channels attracts the attention of scientists today to political communication and its impact on the political consciousness and political behavior of citizens. The diverse information that a person receives through numerous political communication channels contributes to the formation of stereotypes, simplifying the representation through the imposition of stamps, attributing to other people, groups, phenomena certain qualities, images that this being or group in our imagination and consciousness possesses, but which they may not possess or do not possess in the real environment. Consideration of stereotypes is associated with the study of the phenomenon of stereotyping as a process of reducing concepts to stereotypes. Stereotyping in modern socio-political conditions is advisable to study through the political stereotype as a component of political consciousness and political culture. In order to understand the mechanisms of political stereotype formation, it is necessary to consider logical, cognitive and associative thinking. Stereotyping is successful when there is a continuous cognitive genesis of the audience, the process of accumulation in the mass consciousness of appropriately organized information, as well as the accumulation of necessary social attitudes. Cognitive genesis leads to the assimilation of both the content elements and the necessary logical and linguistic operations with these elements. The most important of the mechanisms of political stereotype formation is the mechanism of causal attribution – the attribution to objects of properties that they do not have due to causal deficit – lack of reliable information. Political messages – elements of political communication – play an important role in the deficit or vice versa excess of information. Circulating in the communication system, the message is formed in the minds of citizens simplified representations, which eventually transform into stereotypes. Thus, the political stereotype becomes a tool of manipulation in the process of political communication. The communication environment accustoms a person to the existence of an abstract “other”, against which a template is built, saturated with verbal images – a new environment for the formation of political stereotypes as the simplest way to influence the political consciousness of the citizen. Keywords: political stereotype, political communication, communication channels, information, stereotyping.

scholarly journals The impact of product and labour market deregulation

2015 ◽  
Vol 3 (2) ◽  
pp. 35-37
Author(s):  
Armend Muja
Keyword(s):  
United States ◽  
Political Economy ◽  
Labor Markets ◽  
Labour Market ◽  
The United States ◽  
Incremental Innovation ◽  
High Tech ◽  
The Political ◽  
The Media ◽  
The Impact

Economists have often talked about the European Paradox:” - Europe having the necessary knowledge and research but failing to utilize these advantages and bring them to the markets. The perception, largely attributable to the media reporting, is that Europe lags behind the United States in innovation. While it is true that most of the e-commerce innovations were developed in the United States, Europe’s economies did well over the 1990s despite the lack of major breakthroughs in high-tech sphere. Thus, it is hard to say that Europe is facing an innovation crisis, and I will argue that Europe has other advantages that make it competitive globally. While Europe might not have as much success in innovation as the United States, it nevertheless, has been successful in more developed and mature segments of the markets. Moreover, I will argue that country’s specialization depends on the setup of the institutions in the political economy. The countries utilize their comparative institutional advantage (CIA) to maintain competitive globally. Finally, I will argue against the idea of drastic deregulation of the product and labor markets in Europe. Doing so would be like shooting yourself in the foot since individual European countries would lose their comparative institutional advantage that allows them to stay competitive globally in the market for incremental innovation products.

Lifting the Burden of Women's Care Work: Should Robots Replace the “Human Touch”?

Hypatia ◽  
2010 ◽  
Vol 25 (1) ◽  
pp. 100-120 ◽  
Author(s):  
Jennifer A. Parks
Keyword(s):  
United States ◽  
Social Relationships ◽  
Social Connectedness ◽  
Ethical Issues ◽  
The United States ◽  
Care Work ◽  
High Tech ◽  
The Political ◽  
Care Burden ◽  
Human Touch

This paper treats the political and ethical issues associated with the new caretaking technologies. Given the number of feminists who have raised serious concerns about the future of care work in the United States, and who have been critical of the degree to which society “free rides” on women's caretaking labor, I consider whether technology may provide a solution to this problem. Certainly, if we can create machines and robots to take on particular tasks, we may lighten the care burden that women currently face, much of which is heavy and repetitious, and which results in injury and care “burnout” for many female caretakers. Yet, in some contexts, I argue that high-tech robotic care may undermine social relationships, cutting individuals off from the possibility of social connectedness with others.

scholarly journals The perception of the basic state laws by the Constitutional Democrats during the work of the first State Duma: the ideas of Vasily Maklakov

2021 ◽  
Vol 27 (4) ◽  
pp. 17-26
Author(s):  
Elena L. Saraeva
Keyword(s):  
The State ◽  
The Political ◽  
Law And Order ◽  
State Laws ◽  
Legal Norms ◽  
Political Views ◽  
Russian Constitution ◽  
Party Members ◽  
The Government ◽  
The Relationship

The article gives an interpretation of the ideas of the liberal politician Vasily Maklakov on the Basic State Laws of 1906. He assessed these laws as the Russian Constitution of 1906. Vasily Maklakov gave an interpretation of the relationship between the Constitutional Democrats and the government in connection with the restriction of the rights of the State Duma. The novelty of the research lies in the analysis of the perception by the Constitutional Democrats of the Basic Russian Laws as amended on April 23, 1906. Sources on the topic include the texts of the leaders of the K-D Party – the memoirs of Vasily Maklakov and Pavel Milyukov, Maxim Vinaver, as well as the Basic State Laws of 1906, materials of the III Congress of the K-D Party. The article reveals the political views of Vasily Maklakov, characterises his communicative culture, the views of the lawyer about the reasons for the illegal actions of the Constitutional Democrats in the First State Duma, the origins of their conflict with the government. An analysis of Vasily Maklakov's ideas about the degree of constitutionality of the government's steps towards the Duma in 1906 is given, his judgements about autocracy, law and order, the need to form a parliamentary culture of deputies are revealed. It is proved that Vasily Maklakov criticised the tactics of the Constitutional Democrats s in the First State Duma in the context of the idea of legality. He saw the main mistake of his fellow party members in their ignoring of a number of legal norms prescribed in the Basic Laws.

Sign in / Sign up

Export Citation Format

Share Document