scholarly journals Shredding the Social State: Maternal Studies, Ten Years On

2020 ◽  
Vol 13 (1) ◽  
Author(s):  
Tracey Jensen
Keyword(s):  
Social State ◽  
The Social ◽  
Maternal Studies

CONSTITUTIONAL AND LEGAL IDEA OF THE “SOCIAL STATE” IN THE HISTORY OF LEGAL AND POLITICAL THOUGHT

2020 ◽  
Author(s):  
Roman Fedorov
Keyword(s):  
Political Thought ◽  
Historical Development ◽  
Significant Contribution ◽  
Developed Countries ◽  
State Structure ◽  
Thomas More ◽  
Social State ◽  
Classical Liberal ◽  
The Social ◽  
History Of

The article is devoted to the problem of the social state as one of the fundamental constitutional principles of the state structure of modern developed countries. The course of historical development of philosophical and legal thought on this problem is considered. The idea of a close connection between the concept of the social state and the ideas of utopian socialism of Thomas More and Henri Saint-Simon is put forward. Liberals also made a significant contribution to the development of the idea of the social state, they argued that the ratio of equality and freedom is a key problem for the classical liberal doctrine. It is concluded that the emergence of the theory of the social state for objective reasons was inevitable, since it is due to the historical development of society.

Theoretical and methodological determinants of the Robert von Mol’s concept of the social state

2020 ◽  
Vol 2020 (1) ◽  
pp. 37-45
Author(s):  
Svetlana Pirozhok
Keyword(s):  
19Th Century ◽  
Rule Of Law ◽  
Social Protection ◽  
The State ◽  
Scientific Article ◽  
Social State ◽  
The Rule Of Law ◽  
Legal Thought ◽  
The Social ◽  
The 19Th Century

The relevance of determining the theoretical and methodological determinants of the Robert von Moll’s concept of the social state is due to the need to determine the patterns of evolution of ideas about the state and law, as well as the need to assess the ability to use the potential of the Robert von Moll’s theoretical and legal heritage, his predecessors and contemporaries to identify the optimal model of the social state. Modern Russia attempts to build such state. The proclamation and consolidation of Russia as a social state governed by the rule of law at the constitutional level requires attention both to the experiments carried out in social and legal development, and to the practices of social reform, and also to those ideas that have not yet been embodied. The ideas of European scholars regarding the evolution of the state-legal organization of society in the early modern period, based on which Robert von Mohl (1799–1875) developed original concepts of a social state and a state governed by the rule of law are discussed in the article. An analysis of the state of European political and legal thought and identification of the factors that have a significant impact on the development of Robert von Mohl’s doctrine of a social state governed by the rule of law are the purposes of the scientific article. The methodological basis of the study was the dialectical-materialistic, general scientific (historical, systemic) and special (historical-legal, comparativelegal) methods of legal research. The method of reconstruction and interpretation of legal ideas had great importance. As a result of the study, it was concluded that in the first half of the 19th century in European political and legal thought various approaches was formed to consider the problems of social protection and how to resolve them. The development trend of European political science became the transition from ideas and principles formed in the conditions of police states and enlightened absolutism to the ideas of a state governed by the rule of law (constitutional) that protects the rights and freedoms of a citizen. At the same time, it was a question of the rights and freedoms of only a part of the population: the proletariat growing in number and significance was not always evaluated as an independent social stratum. The axiological principles of state justification have also changed. Rights and utility principle became dominant principles. In the first half of the 19th century the social issue as an independent scientific problem of the European political and legal thought was not posed and not systematically developed. Questions about the social essence of the state, the specifics of the implementation of the state social function, the features of public administration in the new stage of socio-economic development of society predetermined the emergence of the idea of a social state. This idea was comprehensively characterized in the Robert von Mohl’s works. He went down in the history of political and legal thought as founder of the concepts of social and governed by the rule of law state.

scholarly journals O cárcere como instrumento de gestão penal da pobreza

2019 ◽  
Vol 1 (40) ◽  
Author(s):  
Victória Maria Américo de Oliveira ◽  
Alexandre Ribas de Paulo
Keyword(s):  
Mass Media ◽  
Critical Analysis ◽  
Mass Incarceration ◽  
Prison System ◽  
Public Security ◽  
Penal System ◽  
Social State ◽  
The Poor ◽  
The Social

RESUMOO presente artigo propõe uma análise crítica acerca do cárcere e seus efeitos no tratamento estatal dado à população socialmente vulnerável, traçando uma relação entre o Estado Social e o Estado Penal. Questionando o interesse que norteia a (in)eficácia do sistema prisional e como ele se legitima socialmente através de um discurso político de segurança pública amparado pelo pânico propagado pelos meios de comunicação, pretende-se expor a seletividade tanto da normal penal quanto do sistema criminal, que, somadas, resultam na construção do perfil do delinquente e no encarceramento em massa dos pobres. A partir de uma exposição crítica, almeja-se fomentar o debate do papel da criminalização da pobreza na gestão das ilegalidades pelos interessados nos produtos do cárcere.PALAVRAS-CHAVEDireito Penal. Criminologia. Sistema Penal. Seletividade. Pobreza. ABSTRACTThis article proposes a critical analysis about the prison and its effects on the state treatment given to the socially vulnerable population, drawing a relationship between the Social State and the Criminal State. Questioning the interest that governs the (in) effectiveness of the prison system and how it legitimizes itself socially through a political discourse of public security supported by the panic propagated by the mass media, it is intended to expose the selectivity of both the normal criminal and the criminal system, which, together, result in the construction of the delinquent profile and the mass incarceration of the poor. From a critical exposition, it is hoped to foment the debate of the role of the criminalization of poverty in the management of illegalities by those interested in the products of prisonKEYWORDSCriminal law. Criminology. Penal system. Selectivity. Poverty.

scholarly journals The Role of the Knowledge- Producing Sector in the Innovation Economy

2012 ◽  
pp. 184-189
Author(s):  
T. A. Drobyshevskya
Keyword(s):  
Innovation System ◽  
State Model ◽  
Quality Of Education ◽  
High Quality ◽  
Social State ◽  
Diffusion Of Knowledge ◽  
The Social ◽  
Innovation Economy

The article is dedicated to the role of the knowledge-producing sector for the development of innovation economy in Finland. History and structure of the Finnish innovation system, as well as main characters of knowledge-producing sector as a part of the system are in the center of investigation. The author comes to the conclusion that it was the social state model in Finland that made it possible to create the knowledge-producing sector able either to keep a high quality of education of all levels or to maintain a culture of networking diffusion of knowledge and innovation.

scholarly journals “Solidarität” as Semantics of the Social State

2020 ◽  
Vol 70 (4) ◽  
pp. 397-412
Author(s):  
Kosuke SAKAI
Keyword(s):  
Social State ◽  
The Social

scholarly journals ՍՈՑԻԱԼԱԿԱՆ ՊԵՏՈՒԹՅԱՆ ՀԱՍԿԱՑՈՒԹՅՈՒՆԸ ԵՎ ՍԱՀՄԱՆԱԴՐԱԿԱՆ ՍԿԶԲՈՒՆՔՆԵՐԸ/THE CONCEPT OF SOCIAL STATE AND ITS CONSTITUTIONAL PRINCIPLES/ПОНЯТИЕ СОЦИАЛЬНОГО ГОСУДАРСТВА И ЕГО КОНСТИТУЦИОННЫЕ ПРИНЦИПЫ

2019 ◽  
pp. 32-51
Author(s):  
Nune Jomardyan
Keyword(s):  
Scientific Literature ◽  
Social State ◽  
Legal Principles ◽  
The Social ◽  
The Given

The given article is aimed at revealing the content of the social state as a constitutional category. The analyses are thence based on the approaches of scientific literature and the author's own interpretations. It should be mentioned that the main peculiarities of social state has been analyzed taking into deep consideration of its constitutional and legal principles together with its relation to other constitutional principles․

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