scholarly journals Social justice and the formal principle of freedom

2017 ◽  
Vol 28 (2) ◽  
pp. 270-284
Author(s):  
Olga Nikolic ◽  
Igor Cvejic
Keyword(s):  
Social Justice ◽  
Moral Obligation ◽  
Significant Degree ◽  
The State ◽  
Legal Obligation ◽  
Free Society ◽  
Robert Nozick ◽  
Formal Principle ◽  
The Right ◽  
Friedrich Hayek

The aim of this paper is to show, contra the right-libertarian critique of social justice, that there are good reasons for defending policies of social justice within a free society. In the first part of the paper, we will present two influential right-libertarian critiques of social justice, found in Friedrich Hayek?s Law, Legislation and Liberty and Robert Nozick?s Anarchy, State and Utopia. Based on their approach, policies of social justice are seen as an unjustified infringement on freedoms of individual members of a society. In response to this critique, we will introduce the distincion between formal and factual freedom and argue that the formal principle of freedom defended by Hayek and Nozick does not suffice for the protection of factual freedom of members of a society, because it does not recognize (1) the moral obligation to help those who, without their fault, lack factual freedom to a significant degree, and (2) the legal obligation of the state to protect civic dignity of all members of a society. In the second part of the paper, we offer an interpretation of Kant?s argument on taxation, according to which civic dignity presupposes factual freedom, in order to argue that Kant?s justification of taxation offers good reasons for claiming that the state has the legal obligation to protect factual freedom via the policies of social justice.

Reflections on the existence of the science of criminal law

2021 ◽  
pp. 156-161
Author(s):  
I. Mytrofanov
Keyword(s):  
Social Justice ◽  
Public Relations ◽  
Criminal Law ◽  
The State ◽  
Crime And Punishment ◽  
Self Defense ◽  
Illegal Acts ◽  
The Subject ◽  
The Individual ◽  
The Right

The article states that today the issues of the role (purpose) of criminal law, the structure of criminal law knowledge remain debatable. And at this time, questions arise: whose interests are protected by criminal law, is it able to ensure social justice, including the proportionality of the responsibility of the individual and the state for criminally illegal actions? The purpose of the article is to comprehend the problems of criminal law knowledge about the phenomena that shape the purpose of criminal law as a fair regulator of public relations, aimed primarily at restoring social justice for the victim, suspect (accused), society and the state, the proportionality of punishment and states for criminally illegal acts. The concepts of “crime” and “punishment” are discussed in science. As a result, there is no increase in knowledge, but an increase in its volume due to new definitions of existing criminal law phenomena. It is stated that the science of criminal law has not been able to explain the need for the concept of criminal law, as the role and name of this area is leveled to the framework terminology, which currently contains the categories of crime and punishment. Sometimes it is not even unreasonable to think that criminal law as an independent and meaningful concept does not exist or has not yet appeared. There was a custom to characterize this right as something derived from the main and most important branches of law, the criminal law of the rules of subsidiary and ancillary nature. Scholars do not consider criminal law, for example, as the right to self-defense. Although the right to self-defense is paramount and must first be guaranteed to a person who is almost always left alone with the offender, it is the least represented in law, developed in practice and available to criminal law subjects. Today, for example, there are no clear rules for the necessary protection of property rights or human freedoms. It is concluded that the science of criminal law should develop knowledge that will reveal not only the content of the subject of this branch of law, but will focus it on new properties to determine the illegality of acts and their consequences, exclude the possibility of using its means by legal entities against each other.

scholarly journals Redesign of Constitutional Ethics For State Administrator Based on The Value of Pancasila

FIAT JUSTISIA ◽  
2018 ◽  
Vol 12 (2) ◽  
pp. 111
Author(s):  
Muhtadi Muhtadi ◽  
Indra Perwira
Keyword(s):  
Social Justice ◽  
Moral Obligation ◽  
The State ◽  
Collective Agreement ◽  
Ethical Standards ◽  
Ethical Values ◽  
Original Intent ◽  
New Model ◽  
Constitutional Principle ◽  
Interpretation Method

A constitution is a collective agreement as the foundation and goal to be achieved in the state. Therefore, the constitution not only regulates the fundamental rules of the state but also contains the ethical values that serve as the guiding of the state administrator. However, the spreading of violations of law such as corruption, abuse of authority that ends in the imposition of sanctions justifies the occurrence of incompatibility between the values of the constitutional principle as a reflection of the soul of the nation with the moral obligation of state administrator to implement the values. Using a doctrinal approach, data will be analyzed through the original intent of interpretation, grammatical and systematic law is expected to formulate a new model of constitutional ethics for state administrator based on the value of “Pancasila.” Based on the study of moral and constitutional philosophy with the law interpretation method can be concluded that the ethical values in the 1945 Constitution requires that state administrator base their deeds on the moral deity who respects the values of human civilization as Indonesian citizens, and humans in general with the priority of Indonesian unity above all interests and classes in order to achieve the ideals of social justice based on a deliberate-oriented on the great goal of Indonesian independence. To achieve this intention, the formation of ethical standards of the administrator in the constitutional norms through the amendment of the 1945 Constitution which then set a further law which is general and contains normative sanctions. Keywords: Redesign, Constitutional Ethics, State Administrator

scholarly journals Achieving Income Justice in Professional Sports: Limitation, Taxation, or Donation

2012 ◽  
Vol 56 (1) ◽  
pp. 12-22
Author(s):  
Gottfried Schweiger
Keyword(s):  
United States ◽  
Social Justice ◽  
Moral Obligation ◽  
Ethical Problem ◽  
Professional Sports ◽  
The United States ◽  
The State ◽  
Professional Athletes ◽  
Income Justice

Abstract This paper is based on the assumption that the high incomes of some professional sports athletes, such as players in professional leagues in the United States and Europe, pose an ethical problem of social justice. I deal with the questions of what should follow from this evaluation and in which ways those incomes should be regulated. I discuss three different options: a) the idea that the incomes of professional athletes should be limited, b) the idea that they should be vastly taxed by the state, and c) the idea that there is a moral obligation for the athletes to spend portions of their incomes on good causes. I will conclude that in today’s circumstances there are good reasons to advocate both option one (limitation) and option two (taxation), but that priority should be given to taxation.

scholarly journals Kepemilikan Individu Menurut Islam

2018 ◽  
Vol 2 (1) ◽  
Author(s):  
Muhammad Zaki
Keyword(s):  
Distributive Justice ◽  
Moral Obligation ◽  
The State ◽  
Public Ownership ◽  
The Individual ◽  
The Right ◽  
Individual Ownership

Abstract: Islam has set the terms of ownership, whether public ownership, the individual and the state. By law, individuals are entitled to have, enjoy, and transfer of wealth, but people also have a moral obligation to spend in his property. Permissibility of individual ownership is an attempt to achieve distributive justice in real terms, and maintaining a balance in economic matters. Ownership system in Islam has many different features and systems of capitalism and communism, because Islam provides a balance between the opposites can be overstated by both the School of Economics. Although Islam gives rights to individuals to possess wealth, but the state has the right to regulate the ownership of individual interventions with the provisions outlined by the Islamic shariah.Keywords: Individual Ownership, Capitalism, SocialismAbstrak: Islam telah mengatur ketentuan kepemilikan, baik kepemilikan umum, individu maupun negara. Secara hukum, individu berhak untuk memiliki, menikmati, dan memindahtangankan kekayaan, akan tetapi individu juga memiliki kewajiban moral untuk menginfakkan hartanya. Kebolehan kepemilikan individu merupakan upaya untuk mencapai keadilan distributif secara riil, dan menjaga keseimbangan dalam masalah ekonomi. Sistem kepemilikan dalam Islam memiliki banyak keistimewaan dan berbeda dengan sistem kapitalisme dan komunisme, karena Islam memberikan keseimbangan antara hal-hal berlawanan yang terlalu dilebih-lebihkan oleh kedua mazhab ekonomi tersebut. Walaupun Islam memberikan hak kepada individu untuk memiliki kekayaan, namun negara memiliki hak intervensi untuk mengatur kepemilikan individu dengan ketentuan-ketentuan yang telah digariskan oleh syari’at Islam.Kata kunci: Kepemilikan Individu, Kapitalisme, Sosialisme

scholarly journals Spółki handlowe a znowelizowana ustawa o kształtowaniu ustroju rolnego – uwagi z praktyki notarialnej

2020 ◽  
pp. 63-86
Author(s):  
Małgorzata Muszalska
Keyword(s):  
Real Estate ◽  
Significant Degree ◽  
The State ◽  
Agricultural System ◽  
The Real Estate ◽  
Management Board ◽  
National Centre ◽  
Legal Situation ◽  
The Right ◽  
A Company

The article deals with the problems encountered by commercial companies and their partners related to applying the provisions of the Act of 11 April 2003 on the structuring of the agricultural system following the amendment to this Act, which came into force on 26 June 2019. These problems concern the acquisition of agricultural real estate by commercial companies and the disposal of shares and stocks in capital companies already owning such real estate. In the latter case, issues relating to the State Treasury’s (the National Agricultural Support Centre) pre-emptive right and the right to acquire shares and stakes are analysed. The problems here relate mainly to the new procedure introduced by the amendment in question, including new obligations for the company’s management board. Furthermore, there is a discussion of the right of the State Treasury to acquire real estate of partnerships in the event of a change of partner or the accession of a new partner to such a company, as well as the new right to acquire the real estate of a company whose shares are permitted for organised trading. The study advances the thesis that while several facilitating measures have been introduced regarding the acquisition of agricultural real estate by commercial companies, the procedure related to the sale of shares of these companies has been complicated and prolonged to a significant degree. An obligation has been imposed on the management board of a company to collect numerous written documents and send them to the National Centre when the latter has the pre-emptive right or the right to purchase shares or stocks. This impacts negatively on the legal situation of the shareholder whose rights are transferred due to the lack of a deadline by which the company’s management board should submit the agreement to the National Centre. At the same time, the new procedure significantly lengthens the proceedings, generates costs and, above all, is completely unnecessary, as most documents are available in an electronic form. The National Centre also has access to the remaining documents. The new regulations have equipped it with the authority to inspect the books and documents of the company whose shares are being sold.

scholarly journals European populism before the pandemic: ideology, Euroscepticism, electoral performance, and government participation of 63 parties in 30 countries

2021 ◽  
pp. 1-24
Author(s):  
Paul Taggart ◽  
Andrea L. P. Pirro
Keyword(s):  
European Integration ◽  
European Parliament ◽  
Significant Degree ◽  
The State ◽  
European Countries ◽  
The Right ◽  
Electoral Performance ◽  
Cross National ◽  
Populist Party

Abstract This contribution is conceived as a resource on the state of European populist parties before the outbreak of the COVID-19 pandemic. It reports on cross-national comparative findings generated by data collected from 30 European countries as to the state of populist parties in one calendar year (2019) and provides an extensive qualitative overview of the national cases. The article shows that while populist parties are preponderantly on the right, there is a significant degree of ideological variation among European populism. The data show significant diversity in their electoral performance but also that populist party participation in government is no longer a marginal phenomenon. The article ultimately elaborates on the various types of positions on European integration – from soft/hard Euroscepticism to lack thereof – and discusses the implications of their affiliation in the European Parliament.

Territorial Instability and the Right to a Livable Locality

2020 ◽  
Vol 42 (2) ◽  
pp. 189-207
Author(s):  
Simona Capisani ◽  
Keyword(s):  
Climate Change ◽  
Organizational Structure ◽  
Moral Obligation ◽  
Social Practice ◽  
The State ◽  
State System ◽  
Anthropogenic Climate Change ◽  
Territorial State ◽  
Environmental Background ◽  
The Right

Territory loss and uninhabitability characterize the current environmental background conditions of the international state system. Such conditions present pressing moral questions about our obligations to protect those who are displaced by anthropogenic climate change. By virtue of our participation in the territorial state system, understood as a social practice, we have principled grounds to address some of the consequences of the uninhabitability conditions brought on by climate change. By assuming territorial instability and employing a practice-based method of justification we can identify a fundamental, basic right protected under the state system—the right to a livable locality—which grounds a moral obligation to protect against climate change-induced displacement. Assuming territorial instability and uninhabitability compels us to recognize that the causes generating climate-displacement are not merely natural but rather deeply political and that displacement is a foreseeable failure that results because of the state system’s organizational structure.

BIOETHICS AND THE PROBLEM OF PLURALISM

2002 ◽  
Vol 19 (2) ◽  
pp. 1-28 ◽  
Author(s):  
Donald C. Ainslie
Keyword(s):  
Political Philosophy ◽  
Significant Role ◽  
The State ◽  
Coercive Power ◽  
Free Society ◽  
Comprehensive Doctrine ◽  
Reasonable Pluralism ◽  
Theories Of Justice ◽  
Moral Theories ◽  
The Right

The state that we inhabit plays a significant role in shaping our lives. For not only do its institutions constrain the kinds of lives we can lead, but it also claims the right to punish us if our choices take us beyond what it deems to be appropriate limits. Political philosophers have traditionally tried to justify the state's power by appealing to their preferred theories of justice, as articulated in complex and wide-ranging moral theories—utilitarianism, Kantianism, and the like. One of John Rawls's greatest contributions to political philosophy has been his recognition that this is the wrong way for this field to approach its task. He points to what he calls “the fact of reasonable pluralism,” which is the incontestable fact that in a free society people striving to lead their lives ethically will subscribe to conflicting moral and religious doctrines, many of which will be “reasonable” in the special sense of leaving their adherents willing to cooperate with those with whom they have moral disagreements. And this means that political philosophers can no longer rely on any particular “comprehensive” doctrine in their attempts to justify the state. For doing so would be unfair to those who subscribe to a conflicting reasonable doctrine; it would mean that the coercive power of the state would not be justified to them in terms they can accept, even while they were forced to abide by its terms.

scholarly journals Access To Justice Through Pro Bono Legal Aid

2019 ◽  
Vol 3 (1) ◽  
pp. 30-48
Author(s):  
Anthon Raharusun
Keyword(s):  
Social Justice ◽  
Legal System ◽  
The State ◽  
Access To Justice ◽  
Legal Aid ◽  
Pro Bono ◽  
The Right

The concept of access to justice basically focuses on two basic objectives of the existence of a legal system, namely: First, the legal system shall be accessible to everyone from all walks of life. Second, the legal system shall be able to make fair provisions and decisions to all groups, both individually and in group. The basic idea to be prioritized in this concept is to achieve social justice for citizens of all walks of life. In this connection, the right to legal aid is a small part of the access to justice. The fulfillment of the right to legal aid as part of access to justice means that the state shall use all its resources to realize the rights to progressive legal aid.

Luck

1988 ◽  
Vol 6 (1) ◽  
pp. 17-38 ◽  
Author(s):  
Richard A. Epstein
Keyword(s):  
Political Philosophy ◽  
Adverse Effects ◽  
Moral Obligation ◽  
Good Deal ◽  
The State ◽  
Legal Obligation ◽  
Proper Role ◽  
Starting Point ◽  
Question Today

John Donne's song was hardly written in the tradition of political philosophy, but it has a good deal to say about the theme of luck, both good and bad, which I want to address. There is no doubt but that bad luck has bad consequences for the persons who suffer from it. If there were a costless way in which the consequences of bad luck could be spread across everyone in society at large, without increasing the risk of its occurrence, then most of us would pronounce ourselves better off for the change. In this sense it can be said, for example, that there is a utilitarian grounding for a moral obligation to care and provide for those persons who suffer the fortunes of bad luck. For the sake of argument I do not wish to contest this particular starting point, although there are many who would. Instead, I want to ask the question of whether this moral obligation should be converted into a legal obligation, backed by public force. The dominant answer to that question today is yes. Even those who think that markets should determine decisions on production find that the state has a proper role to reduce the adverse consequences of bad luck. My cast of mind is more skeptical. In life, or, in this instance, politics, “come bad chance, and we do join to it our strength.” In general the effort to use coercion to counter the adverse effects of luck tends only to make matters worse.

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