Dekonstruktion als Gerechtigkeit

2019 ◽  
Author(s):  
Hans-Martin Schönherr-Mann
Keyword(s):  
The State ◽  
Conceptual Approach ◽  
Strong State ◽  
The World ◽  
The Law ◽  
Law And Justice ◽  
State Of Affairs ◽  
The Individual

The state and the law are based on inescapable power, which means that justice can only be regarded as being independent of the law and thus of the principles of generality and equality. Justice aims to satisfy both ‘the event’ and ‘the individual’, which can only be achieved by examining the problems connected to it without bias. Therefore, every conceptual approach related to this state of affairs has to be analysed down to its last inconsistency. That is the point of deconstruction, which has always been concerned with doing justice to the event in question. Democracy cannot be completed, only further developed, which contradicts the idea of a strong state. Democracy demands responsible citizens, that is, those who are willing and able to deconstruct, who have perennially come to the fore whenever people have distrusted the diverse interpretations of the world that have been proposed. Derrida’s understanding of the state assumes there is an unbridgeable gap between the law and justice that exposes democracy as being notoriously insufficient, which both the state and its citizens therefore have to uphold in order to strive for their emancipation as individuals.

scholarly journals Zbiorowe diagnozowanie polskiej rzeczywistości. O wywiadach Michała Sutowskiego

2017 ◽  
Vol 61 (4) ◽  
pp. 215-221
Author(s):  
Irena Pańków
Keyword(s):  
The State ◽  
Social Conditions ◽  
Decision Makers ◽  
Scholarly Research ◽  
Valuable Source ◽  
Public Debates ◽  
The Law ◽  
Law And Justice ◽  
State Of Affairs

This essay is a review based on material from nineteen published interviews that focused on a diagnosis of Polish conditions after a year of the Law and Justice [Prawo i Sprawiedliwość] party’s rule. The interviews were conducted with experts—academics and journalists—by Michał Sutowski, who published these interviews as a collection.  The author demonstrates that such a collective diagnosis has major advantages in Poland’s current, rapidly changing, social conditions. Such a method is quicker than the scholarly approach to describing and explaining the state of affairs. The collection of interviews could also be a valuable source of inspiration for public debates and scholarly research in many areas, and could contain guidelines for decision-makers.

Hobbes among the Classic Jurists

2018 ◽  
Author(s):  
David Boucher
Keyword(s):  
International Relations ◽  
International Law ◽  
The State ◽  
Law Of Nature ◽  
Law Of Nations ◽  
Complete Identification ◽  
The Law ◽  
The Individual ◽  
Hedley Bull ◽  
Hans Morgenthau

The classic foundational status that Hobbes has been afforded by contemporary international relations theorists is largely the work of Hans Morgenthau, Martin Wight, and Hedley Bull. They were not unaware that they were to some extent creating a convenient fiction, an emblematic realist, a shorthand for all of the features encapsulated in the term. The detachment of international law from the law of nature by nineteenth-century positivists opened Hobbes up, even among international jurists, to be portrayed as almost exclusively a mechanistic theorist of absolute state sovereignty. If we are to endow him with a foundational place at all it is not because he was an uncompromising realist equating might with right, on the analogy of the state of nature, but instead to his complete identification of natural law with the law of nations. It was simply a matter of subject that distinguished them, the individual and the state.

scholarly journals Neoliberalism is not dead – On political implications of Covid-19

2020 ◽  
pp. 030981682098238
Author(s):  
Miloš Šumonja
Keyword(s):  
Free Market ◽  
The State ◽  
Working Classes ◽  
Strong State ◽  
Hand Grip ◽  
Right Hand ◽  
The People ◽  
Political Implications ◽  
The World ◽  
The Face

The news is old – neoliberalism is dead for good, but this time, even Financial Times knows it. Obituaries claim that it had died from the coronavirus, as the state, not the markets, have had to save both the people and the economy. The argument of the article is that these academic and media interpretations of ‘emergency Keynesianism’ misidentify neoliberalism with its anti-statist rhetoric. For neoliberalism is, and has always been, about ‘the free market and the strong state’. In fact, rather than waning in the face of the coronavirus crisis, neoliberal states around the world are using the ongoing ‘war against the virus’ to strengthen their right-hand grip on the conditions of the working classes.

State of emergency in Poland: constitutional regulation and “hybrid” nature during the COVID-19 pandemic

2021 ◽  
Vol 30 (4) ◽  
pp. 41-67
Author(s):  
Valentina Chekharina
Keyword(s):  
The State ◽  
Legal Regime ◽  
State Of Emergency ◽  
Hybrid State ◽  
Political Interests ◽  
The World ◽  
Constitutional Tribunal ◽  
Law And Justice ◽  
The Republic ◽  
Emergency Measures

The COVID-19 pandemic became widespread across the world throughout 2020 and 2021 in an emergency that gravely impacted the health and lives of people around the world. States have taken exceptional measures to combat the pandemic, including controversial decisions to introduce emergency regimes, which have been questioned in regards to their compliance with constitutional regulations. The fight against the COVID-19 pandemic requires special measures, however they must remain within the constitutional framework. Consequently, the pandemic and its effect upon the legality of regimes in a state of emergency has captured the attention of legal scholars. The aim of this study is to analyse the constitutional regulation of the state of emergency in the Republic of Poland which was introduced in the country during the COVID-19 pandemic. In Poland, an emergency regime was introduced following an order by the Minister of Health. However the state of emergency (here, natural disaster) as stated by the Constitution was not introduced, although, according to analysts, some state bodies and officials had confirmed that all the necessary conditions for this were met. On 2 March 2020, the so-called Special Law on Coronavirus was adopted, followed by other regulations to fight the pandemic. These analysts stated that the measures introduced by the new acts corresponded to a legal regime containing the constitutional characteristics of a state of emergency, but lacked the appropriate constitutional procedure for their introduction. Presidential elections were held at this time, however legally they cannot be held during a state of emergency, as it indicates the presence of political interests in the choice of the regime. The unconstitutional procedure of the introduction of emergency measures alongside their characteristics of the state of emergency make it possible to consider the epidemic regime introduced in Poland a “hybrid” state of emergency, which is not detailed by the Constitution or legislation. On this basis, the study concludes that reasons behind the unconstitutional response to the COVID-19 pandemic in Poland can be found in both the Constitution, and in the manifestations of the crisis of the constitutional and legal system, which began with the reform of Poland’s Constitutional Tribunal by the ruling Law and Justice party in 2015.

Triage in der (Strafrechts-) Wissenschaft

2021 ◽  
Keyword(s):  
Scientific Community ◽  
The State ◽  
The World ◽  
The Individual ◽  
Available Resources

The COVID-19 pandemic forced physicians around the world to make tragic decisions: Whose life should be saved when it is apparent that available resources are insufficient to treat everyone? Under the heading of "triage" a broad societal debate ensued that also ignited the scientific community. This anthology unites voices from medicine, law, and philosophy for a conversation. It reveals controversies that are deeply rooted in ideas of law, morality, and the role of the individual in the state. Simultaneously, answers are being formulated to questions that have become sadly prominent in the COVID pandemic but could also valid beyond it.

Opposition weakness will help Polish ruling coalition

2021 ◽  
Keyword(s):  
The State ◽  
Independent State ◽  
Content Type ◽  
State Institutions ◽  
Party Control ◽  
State Of The Economy ◽  
The Media ◽  
The Law ◽  
Law And Justice

Significance At the beginning of 2021, the ZP coalition of the Law and Justice (PiS), Accord and United Poland (SP) parties is stable, but not as strong as it has been in previous years. This weakening in the PiS-led government’s condition is due to many factors, among which the coronavirus pandemic is one of the most important. Impacts The process will continue of subordinating any independent state institutions still left to party control. PiS will take further, similar steps regarding the media, academia and NGOs. After months of pandemic lockdown, the state of the economy is stable if not ideal, and will not lead to early elections.

Appropriating Law in Harriet Beecher Stowe's Dred

2007 ◽  
Vol 62 (3) ◽  
pp. 380-406 ◽  
Author(s):  
Laura H. Korobkin
Keyword(s):  
North Carolina ◽  
Legal System ◽  
Slave System ◽  
Personal Beliefs ◽  
Great Dismal Swamp ◽  
Dismal Swamp ◽  
The World ◽  
The Law ◽  
The Many ◽  
The Individual

This essay investigates Harriet Beecher Stowe's interpolation of State v. Mann, a harsh 1829 North Carolina proslavery decision, into her 1856 novel Dred: A Tale of the Great Dismal Swamp. The essay argues that Stowe's use of State v. Mann continues a conversation about slavery that had been carried on through its text for many years in abolitionist writings. Bringing State v. Mann's circulation history into view shows Stowe engaging the antislavery establishment as well as the legal system, borrowing and imitating its techniques for handling proslavery materials. If her novel is infiltrated and structured by the many legal writings that it assimilates, its fictive world in turn infiltrates, interprets, and alters the significance of the writings she employs, so that proslavery legal writings are made to testify strongly against the slave system that they originally worked to maintain and enforce. Stowe's hybrid text dominates the law while smoothly assimilating it into an interpretive fictive context. Simultaneously, Stowe's typographical cues remind readers of State v. Mann's ongoing, destructive extratextual legal existence. By linking fictive context to legal content, Stowe's novel suggests that slave law must be read and interpreted as a unit that includes the individual suffering it imposes. Misreading State v. Mann as revealing its author's belief in the immorality of slavery, Stowe constructs a fictional judge who upholds slave law despite his personal beliefs. By absorbing, imitating, and besting the strategies and the reach of both legal and abolitionist writings, Dred implicitly stakes a claim for the superior power of political fiction to act in the world.

scholarly journals PEMBEBASAN UTANG PAJAK DALAM RANGKA PENGAMPUNAN PAJAK

2018 ◽  
Vol 4 (2) ◽  
pp. 141-152
Author(s):  
Dwi Widia Astuti
Keyword(s):  
Debt Relief ◽  
The State ◽  
Legal Research ◽  
Conceptual Approach ◽  
Tax Amnesty ◽  
The Law ◽  
The Government ◽  
State Expenditures

The role of taxes is very important in the state finances. Taxes become necessary in financing the expenditures of the state, especially the routine state expenditures. However, not infrequently there are taxpayer actions that cause in State losses. The condition is realized by the government so that the government issued Law Number 11 Year 2016 on Tax Amnesty. However, with the issuance of the Tax Forgiveness Law, it has resulted in various views in the community because for some obedient taxpayers, it is assumed that taxpayers are granted the convenience of their mistakes. So that does not reflect justice as one of the objectives of the law. Based on the issue, the authors will conduct further research on the legality of tax debt relief in the framework of tax forgiveness and the urgency of determining the tax forgiveness rule. This study is qualified as a normative juridical legal research with a type of legal research doctrinal using a statutory approach, and a conceptual approach. From this research, it is expected that the writer can analyze related to the legality of tax debt relief in the framework of tax forgiveness and the urgency of determining tax forgiveness rule.

scholarly journals Estado del arte del rendimiento académico en la educación media

2014 ◽  
Vol 17 (17) ◽  
pp. 197-220
Author(s):  
Oscar Hernán Cerquera Losada
Keyword(s):  
Academic Achievement ◽  
Secondary Education ◽  
State Of The Art ◽  
School Achievement ◽  
The State ◽  
Main Research ◽  
The World ◽  
El Sistema ◽  
The Individual

Este documento muestra el Estado de arte de los determinantes del rendimiento académico en la educación media, teniendo en cuenta las principales investigaciones realizadas, tanto a nivel nacional como internacional, acerca de los factores que influyen en el logro escolar de los estudiantes. Con este trabajo, se busca establecer las principales variables, tanto en Colombia como en algunos lugares del mundo, que afectan el desempeño académico de los estudiantes. Este documento se organiza en dos sesiones, determinantes a nivel mundial y determinantes a nivel colombiano; cada sesión clasifica las investigaciones de acuerdo a los factores del estudiante, de la escuela y las características organizacionales y políticas. A pesar de existir muchas investigaciones sobre el tema, aún no se ha llegado a un consenso general sobre cómo determinar los factores del  rendimiento académico, pues en la realidad son muchas las características del individuo, la escuela o el sistema que se relacionan entre sí de diferente manera y pueden afectar el logro estudiantil.ABSTRACTThis document shows the state of the art of the determinants of academic achievement in secondary education, taking into account the main research conducted, both nationally and internationally, about the factors that influence school achievement of students. With this paper, we seek to establish the main variables which affect the academic achievement of students in Colombia as well as in some parts of the world. This document is organized in two sessions: world and Colombian determinants; each session classifies research according to the factors of the student, the school and organizational and political characteristics. Although there is much research on the topic so far it has not been possible to reach a consensus on how to determine the factors of academic achievement, because in reality many characteristics of the individual, of the school or of the system relate to each other differently and can affect student achievement.RESUMOEste documento mostra o Estado da arte dos determinantes do rendimento escolar no ensino medio, tendo em conta às principais pesquisas realizadas, tanto a nível nacional como internacionalmente, sobres os fatores que influenciam o desempenho escolar dos estudantes. Com este trabalho, se procura estabelecer as principais variáveis, tanto na Colômbia e em alguns lugares do mundo, afetando o desempenho acadêmico dos estudantes. Este documento está organizado em duas sessões, determinantes a nível mundial e determinantes a nível colombiano; cada sessão clasifica as pesquisas de acordó a os fatores do estudante, da escola e das características organizacionais e políticas. Embora haja muitas pesquisas sobre o tema, ainda não se chegou a um consenso geral sobre os fatores determinantes no desempenho acadêmico, porque na realidade são muitas as características do indivíduo, a escola ou o sistema que se relacionam uns com os outros de forma diferente e podem afetar o desempenho acadêmico.

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