The Future of Rule of Law: Challenges and Prospects for the Field

2010 ◽  
Author(s):  
Randall Peerenboom
Keyword(s):  
Rule Of Law ◽  
The Future

scholarly journals Poaching of marine living resources: Can the tide be turned?

2020 ◽  
Author(s):  
Hendrik Van As
Keyword(s):  
South Africa ◽  
Resource Management ◽  
Rule Of Law ◽  
Organised Crime ◽  
Local Communities ◽  
The State ◽  
The Rule Of Law ◽  
The Future ◽  
Full Power ◽  
A Priority

Certain marine living resources of South Africa are under severe threat from international organised crime syndicates in conjunction with local fishers. These criminal activities erode respect for the rule of law and lead to socio-economic degradation and the proliferation of gangsterism. The current government approach as custodians of the resources is to maximise the return from confiscations. SAPS are not using the full power of the law to address poaching of marine living resources, particularly abalone, as a priority crime and do not allocate their resources commensurate with the value of the commodity. As a country that is beleaguered by fisheries crime, overfishing and exploitation, South Africa must take a tough stance and should pursue criminal organisations with all the power that the state can muster. It must also ensure that national fisheries resource management is improved so that local communities can benefit. The implementation of a conforming strategy would be socially and politically unpopular, but the future benefits will outweigh the outlay.

scholarly journals RUSSIAN STATEHOOD AND DIFFICULTIES IN THE FORMATION OF THE RULE-OF-LAW STATE IN OUR COUNTRY

2020 ◽  
Vol 16 (3) ◽  
pp. 153-159
Author(s):  
Анатолий Шабуров
Keyword(s):  
Rule Of Law ◽  
The Rule Of Law ◽  
Russian State ◽  
The Future

The article reviews the problems of the formation of the rule-of-law state in our country in organic relationship with the historical characteristics of the Russian statehood. Relevant proposals are formulated that can be useful in further research into the problems of the future of the Russian state.

scholarly journals PARADIGMA PENDIDIKAN ISLAM DALAM MEMBANGUN MASYARAKAT MADANI

2019 ◽  
Vol 3 (2) ◽  
pp. 187
Author(s):  
Mohammad Riza Zainuddin
Keyword(s):  
Civil Society ◽  
Rule Of Law ◽  
Formal Education ◽  
Code Of Ethics ◽  
Islamic Education ◽  
Time Constraints ◽  
Human Being ◽  
The Real ◽  
The Future ◽  
Civilized Society

Education is basically aimed at developing one's personality, so that he becomes intelligent human being and able to solve various problems of life he faces. Islamic education not only teaches or transforms science and skills and sensitivity of taste or religion. But it should provide equipment to students to be able to solve the problems that are visible now and the new look clear in the future. Able to solve problems that are seen as their own obligations either as professionals who are bound to the code of ethics of his profession or because of the inner commitment between himself and God as a humanitarian obligation that consciously and sincerely sees the effort as a useful step for the environment. In other words, Islamic education must be oriented to the future because the real protege of today is the next generation in the future. From here develop the thinking about civil society, a civilized society, put forward pluralism, tasamuh (tolerance) and rule of law without abandoning the devotion to Allah SWT. The development of civil society can not be separated from the support of education, both formal and non-formal education, carried out through holistic and universal divine rules without any dichotomy of thought and time constraints that limit the process of coaching itself. Thus, the civil society will be formed if there is a cadre in every Muslim person by following the Islamic education kaffah, so that he can shine (mendakwahi) others kejalan truth.

scholarly journals Planning the Future of a Disabled Person: Civil Law Solutions?

Teisė ◽  
2020 ◽  
Vol 114 ◽  
pp. 132-143
Author(s):  
Marta Monterroso Rosas
Keyword(s):  
Rule Of Law ◽  
Civil Law ◽  
The Rule Of Law ◽  
Future Needs ◽  
The Future ◽  
The Disabled ◽  
The Law

If the disabled person wants to plan, guarantee and design a patrimonial strategy to safeguard future needs, how does the Law respond? Which are the legal instruments one can resort to in order to anticipate or organize mechanisms able to meet the special requirements of a disabled person? This paper aims to analyse this problem, making a connection with the Rule of Law.

scholarly journals Allusiveness, Language and Imagery in Francis Moto's Gazing at The Setting Sun

2020 ◽  
Vol 3 (1) ◽  
pp. 52-67
Author(s):  
Syned Mthatiwa
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Political Change ◽  
Close Reading ◽  
Political Transformation ◽  
Childhood Experiences ◽  
The Rule Of Law ◽  
Congress Party ◽  
The Future ◽  
Autocratic Leadership

Francis Moto is a Malawian writer who has published poetry both in vernacular (Chichewa) and in English. His poetry in English appears in a collection titled Gazing at the Setting Sun published in 1994, the year Malawians voted Dr Hastings Kamuzu Banda and his Malawi Congress Party (MCP) out of power. Besides recording the suffering of Malawians during the autocratic leadership of the first post-independence president, Dr Banda, and remembering the author's childhood experiences, the poetry also celebrates Malawi's political transformation from one party rule to multiparty democracy in the early 1990s. In the poems, Moto also looks to the future with a sense of hope for a better society where human rights and the rule of law will be respected. This article analyses Moto's poems with the aim of celebrating his successes as a poet. This is done by focusing on his more successful poems in terms of style. It is argued in this article that the success of some of Moto's poems in Gazing at the Setting Sun depends on his allusions to and evocations of dictatorship and political change in Malawi. These evocations and allusions depend on his imagery and choice of words and expressions. In the analysis of the poems, close reading with a particular focus on style is done. The discussion is in two parts. The first part discusses Moto's poems that allude to the dictatorial reign of Dr Banda in Malawi and the second part provides a discussion of Moto's imagery in relation to his evocation of political change.

scholarly journals PERGESERAN NEGARA HUKUM KE ‘NEGARA HIMBAUAN’: MENAKAR DAMPAK REGULASI PENANGANAN COVID-19 TERHADAP PEREKONOMIAN DAN KEUANGAN INDONESIA

2020 ◽  
Vol 3 (2) ◽  
pp. 214-228
Author(s):  
Yafet Y W Rissy
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Large Scale ◽  
Financial Sector ◽  
The Other ◽  
Legal Certainty ◽  
The Future ◽  
Sector Analysis ◽  
Legal Uncertainty ◽  
The Impact

AbstractThis article discusses the shifting phenomenon from rule of law to ‘rule of persuasion’ by analysing regulations concerning Covid-19 mitigation through large-scale social restrictions (PSBB) and their impact on Indonesian economy and financial sector. Analysis of PSBB regulations shows that the regulations do not have criminal and law enforcement provisions that could lead legal uncertainty. PSBB regulations are simply a persuasion model. This has led to the shifting from rule of law to ‘law rule of persuasion’. As a result, on one hand, law enforcement related to PSBB regulations would not be effective and could make the Covid-19 pandemic prolonged, and on the other hand, legal uncertainty itself as well as the Covid-19 pandemic would have serious implications for Indonesian economy and financial sector. It is recommended that in the future, any regulations, especially at the level of statutes (acts), should seriously consider the establishment of legal certainty through criminal provisions and law enforcement and anticipate properly the impact such regulations and Covid-19 on Indonesian economy and financial sector.Keywords: legal uncertainty; rule of law; ‘rule of persuasion’AbstrakArtikel ini membahas fenomena pergeseran negara ke ‘negara himbauan’ dengan melakukan analisis terhadap regulasi terkait penangangan Covid-19 melalui pembatasan sosial berskala besar (PSBB) dan dampaknya terhadap keuangan dan perekonomian Indonesia. Analisis terhadap regulasi PSBB menunjukan bahwa regulasi tidak memiliki ketentuan pidana dan aspek penegakan hukumnya yang dapat menimbulkan ketidakpastian hukum. Regulasi PSBB sekedar merupakan model himbauan yang telah menegaskan adanya fenomena pergeseran dari negara hukum ke ‘negara himbauan’. Akibatnya, di satu sisi, penegakan hukum terhadap regulasi PSBB tidak akan berjalan efektif dan bisa membuat pandemi Covid-19 berkepanjangan, dan di sisi lainnya, ketidakpastian hukum sebagaimana juga pandemic Covid-19 akan memiliki implikasi serius bagi perekonomian dan keuangan Indonesia. Direkomendasikan agar kedepannya, regulasi apapun, utamanya di tingkat undang-undang, harus secara sungguh memperhatikan aspek kepastian hukum melalui pengaturan dalam ketentuan pidana dan penegakan hukumnya dan mengantisipasi secara tepat dampak regulasi dan Covid-19 bagi perekonomian dan keuangan Indonesia. Kata kunci: ketidakpastian hukum; negara hukum; ‘negara himbauan’ 

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