scholarly journals The Rabbles, the Peoples and the Crowds: a Lexical Study

2020 ◽  
Vol 36 (2) ◽  
pp. 15-35
Author(s):  
Barbara Brzezicka
Keyword(s):  
Civil Rights ◽  
Social Exclusion ◽  
Rule Of Law ◽  
Philosophical Analysis ◽  
Philosophical Inquiry ◽  
The Rule Of Law ◽  
Starting Point ◽  
Lexical Study

The rabble, considered as a possible threat to the rule of law or as a group unworthy of civil rights, is a concept present in many languages, yet every word conveys a slightly different meaning, The article is an attempt to present the conceptual plurality of the rabble, in a way inspired by Cassin’s Dictionary of Untranslatables. The term which may be considered as a starting point is Polish motłoch, which can be translated both as ‘rabble’ and as ‘mob’. The content is organized according to some semantic patterns that can be observed in various languages and that can be used for further philosophical analysis. The article is neither an exhaustive presentation of the semantic variety related to the term motłoch, nor a philosophical analysis of social exclusion, but rather an attempt to show the plurality of meanings across languages and how it may affect and inspire philosophical inquiry.

Conclusion

2018 ◽  
Author(s):  
Fanie du Toit
Keyword(s):  
South African ◽  
Social Exclusion ◽  
Rule Of Law ◽  
The State ◽  
African History ◽  
Divided Societies ◽  
The Rule Of Law ◽  
South Africans ◽  
Social Goods ◽  
Forward Looking

Reading South African history through the lens of interdependence helps explain the disappointment that many South Africans feel in relation to reconciliation. While they are justified in feeling let down, owing to rising inequality and social exclusion, it is wrong to blame Mandela’s strategy of just interdependence because it was abandoned too early. In seeking to overcome oppression, reconciliation is forward-looking and predicated on rebuilding relationships in divided societies. Dealing with a violent past is valuable when striving for a more just future. Reconciliation fosters just, inclusive, and fair societies and is locally owned and driven. A progressive approach to reconciliation is also needed. Reconciliation recognizes the inherent interdependence between citizens themselves, and between citizens and the state. These relationships are progressively re-established in more just ways. In so doing, it helps to create conditions in which social goods such as forgiveness, the rule of law, or democracy become possible.

Lawyers as Activists

2018 ◽  
Author(s):  
Michael C. Dorf ◽  
Michael S. Chu
Keyword(s):  
United States ◽  
Social Media ◽  
Social Change ◽  
Civil Rights ◽  
Rule Of Law ◽  
The United States ◽  
The Rule Of Law ◽  
Court Action ◽  
The Government ◽  
Trump Administration

Lawyers played a key role in challenging the Trump administration’s Travel Ban on entry into the United States of nationals from various majority-Muslim nations. Responding to calls from nongovernmental organizations (NGOs), which were amplified by social media, lawyers responded to the Travel Ban’s chaotic rollout by providing assistance to foreign travelers at airports. Their efforts led to initial court victories, which in turn led the government to soften the Ban somewhat in two superseding executive actions. The lawyers’ work also contributed to the broader resistance to the Trump administration by dramatizing its bigotry, callousness, cruelty, and lawlessness. The efficacy of the lawyers’ resistance to the Travel Ban shows that, contrary to strong claims about the limits of court action, litigation can promote social change. General lessons about lawyer activism in ordinary times are difficult to draw, however, because of the extraordinary threat Trump poses to civil rights and the rule of law.

PURPOSE, PRINCIPLES AND SPECIFIC FEATURES OF PROSECUTOR’S OFFICE LEGAL CREATION ACTIVITY

2021 ◽  
Vol 6 (10) ◽  
pp. 53-62
Author(s):  
Shoxrukhkhon Saidov ◽  
Keyword(s):  
Civil Rights ◽  
Rule Of Law ◽  
The Rule Of Law ◽  
Legal Space ◽  
The Law ◽  
Law Making

This article describes the specifics of the law-making process conducted by the prosecutor's office. The purpose and principles of the prosecutor's office's participation in this process have been studied scientifically and theoretically. Taking into account the high relevance of ensuring legality in the law-making process, opinions were expressed about the need for adequate regulation and organization of solving this task by the prosecutor's office at the level of law and legality. The participation of the prosecutor's office in law-making activities contradicts the needs of the population, the protection of human and civil rights and freedoms, ensuring the rule of law, promoting the formation of a unified legal space and improving legislation, ensuring consistency legal instructions, systematization of legislation, scientifically based analysis are aimed at reducing the influence of bureaucratic interests and preventing the inclusion of factors that generate corruption in normative acts and their projects

VLADAVINA PRAVA I USLUGE

2021 ◽  
Author(s):  
Dragan Vujisic ◽  
Keyword(s):  
Civil Rights ◽  
Rule Of Law ◽  
Service Sector ◽  
Health Department ◽  
Developed Countries ◽  
Economic Activities ◽  
The Rule Of Law ◽  
Positive Law ◽  
Service Activities ◽  
The Republic

In the first part of the paper are analyzed different views of the rule of law: liberaldemocratic, then positivistic view and, finally, defining of the rule of law as the rule of positive-law order of particular properities. In addition to these the three theoretic orientations, one more classification was pointed out - formal and materaialistic aspect of the rule of law. Besides, the principles and institutions of the rule of law were analyzed: legitimacy of power, division of power, independent judiciary, legitimacy expressed in terms of the ideas of constitution and lawfulness, constitutional guarantees of human and civil rights, existence of free economy and economic activities. The subject of the second part of this paper are services. Nowadays, services are the motor of economic growth and include, especially in developed countries of EU, more then 70% of EDP, employees, new economic subjects, and service activities also make up over 70% of all the activities. The service sector includes different, heterogenic services the number of which is getting higher and higher. The service activities are numerous and performed in various sectors such as trading, communications, financing, government administration, health department, social welfare, media, education, tourism, catering, sport and others. We are all witness to the constant growth of service sector in view of continuous broadening of the range of services and the influence upon the economic development of the state. Law regulations of the services in the Republic of Serbia were analized as well as its harmonization with the law regulations at the level of EU and the need for its further upgrading and improvement.

Part I General Questions, 4 The EU and the Fight against Organised Crime

2016 ◽  
Author(s):  
Hecker Bernd
Keyword(s):  
Civil Rights ◽  
Rule Of Law ◽  
Justice System ◽  
Criminal Policy ◽  
Organised Crime ◽  
Acquis Communautaire ◽  
Effective Prevention ◽  
The Rule Of Law ◽  
European Criminal Law ◽  
The Eu

The effective prevention of and the fight against all types of transnational organised crime (TOC) has been one of the biggest challenges to the criminal policy of the EU for decades. In this connection, the EU and its member states are facing the task of striking an equitable balance between the interest in ensuring an effective criminal justice system on one hand, and the protection of civil rights that the rule of law offers on the other. On the basis of the EU strategies and programmes to create an area of freedom, security, and justice, this chapter retraces the development of European criminal law in relation to TOC. It shows that the acquis communautaire now attained comprises a multiplicity of legal instruments aiming at the protection of European society and its economies from organised crime.

From Constitutionalism to Legalism: Trial by Jury, Responsible Government, and the Rule of Law in the Canadian Political Culture

1989 ◽  
Vol 7 (1) ◽  
pp. 121-174 ◽  
Author(s):  
Paul Romney
Keyword(s):  
Civil Rights ◽  
Political Culture ◽  
Rule Of Law ◽  
Common Law ◽  
The State ◽  
The Rule Of Law ◽  
Responsible Government ◽  
Constitutional Thought ◽  
Canadian Political Culture

The influence on the Canadian political culture of two conflicting tendencies in common-law constitutional thought,constitutionalismandlegalism, merits attention. By constitutionalism, I mean a particular response to the apprehended infringement of civil rights and liberties by the state: an appeal to standards of state conduct that are supposedly sanctified by long usage, implied contract, or both. By legalism, I mean the justification of alleged infringements by invoking the lawfulness of the authority by which such actions are taken. These definitions deviate from common usage, but they serve to represent a dichotomy within common-law constitutional thought that has been crucial to the development of the English political culture and of cultures derived from the English.

scholarly journals BUILDING BETTER LAW: HOW DESIGN THINKING CAN HELP US BE BETTER LAWYERS, MEET NEW CHALLENGES, AND CREATE THE FUTURE OF LAW

2017 ◽  
Vol 34 (1) ◽  
pp. 28-59
Author(s):  
Susan Ursel
Keyword(s):  
Social Organization ◽  
Rule Of Law ◽  
Design Thinking ◽  
Legal Systems ◽  
Human Beings ◽  
The Rule Of Law ◽  
Starting Point ◽  
New Challenges ◽  
Professional Contexts ◽  
Individual Service

The legal profession faces increasing challenges to the relevance, utility, and acceptance of law and the rule of law as tools of social organization that are important and essential to human beings. Often the issues which challenge law and legal systems seem perennial, obstinate, and intractable. In order to remain relevant to the societies it serves, the law needs to innovate. We need to find new ways of thinking about law as a human designed and deliberate system of social organization. In this context, adopting an innovation mindset is an important starting point. “Design thinking” offers us a description and practice of an innovation mindset that can be and is employed in a variety of professional contexts. This article is an introduction to design thinking, its challenges, and its possibilities for law. It postulates that in fact design thinking as a concept and as a set of techniques is particularly well suited for use in law, and that we actually employ many of its techniques already. The article argues that by bringing these techniques into sharper focus, we can both recognize how we are in some ways using them already, and more importantly, how they can be deployed in even more useful and innovative ways to “build better law” at all scales of the legal endeavour, from individual service to legal systems.

The Effect of Alcohol on the Canadian Constitution ... Seriously

2011 ◽  
Vol 57 (1) ◽  
pp. 189-209
Author(s):  
Morris J. Fish
Keyword(s):  
Civil Rights ◽  
Rule Of Law ◽  
Criminal Law ◽  
Constitutional Law ◽  
Temperance Movement ◽  
The Rule Of Law ◽  
Division Of Powers ◽  
Straight Line ◽  
Form Part ◽  
Good Government

Alcohol has exerted a staggering influence on the Canadian constitution. It was a prominent feature of daily life in the young Dominion, much to both the delight and chagrin of many. The temperance movement exerted its own influence on both the federal and provincial legislatures. Without “alcohol” as a head of power, the legislatures claimed control over this seeming, social evil sometimes under “Peace, Order and Good Government”, “criminal law”, or “Trade and Commerce”; at other times under “Property and Civil Rights”, “Local Matters”, and so forth. Court challenges abounded; the result was, in part, the judiciary’s failure to walk a straight line toward a clear division of powers between the federal and provincial governments. But the result was also many of the doctrines of division of powers that still form part of Canadian constitutional law. Beyond its impact on the division of powers, alcohol was also at the root of Canada’s most important decision on the rule of law: Roncarelli—a decision argued and won by the late F. R. Scott.

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