Limits Of State Action Research Articles

The urban form under patrimonialism: the limits of state action in the production of urban space in Brazil

Urban public policies in Brazil are based on an exaggerated belief in the transformative potential of the state apparatus and urban planning. This is because the State model, which is used, is the model structured within the context of the regulated economies of the welfare state, where the production of urban space is the result of action by a strong State. The problem with this is that this model does not correspond to Brazilian sociability, nor to our urban form. It is therefore necessary to create a theory of the State for the urban, which is capable of covering the specificities of our patrimonialist society. Using the theory of State derivation, it may be inferred that the urban form derives from this specific sociability, defining a process that is not the social production of space, but a patrimonialist production of space, a pattern of domination through space that sustains the elite society.

ADMISSIBILIDADE DA QUEBRA DO SIGILO DO WHATSAPP NA INVESTIGAÇÃO CRIMINAL: À LUZ DO PRINCÍPIO DA PRIVACIDADE

A presente pesquisa busca analisar a quebra do sigilo, relativo ao uso do aplicativo WhatsApp, na prática das condutas criminosas, verificando a interpretação extensiva das normas jurídicas realizada por meio dos aplicadores da lei, devido à ausência de norma regulamentadora própria que aborde a questão criminal das novas tecnologias comunicacionais. Desse modo, busca-se verificar a possibilidade da aplicação das leis vigentes, criadas sem prever o avanço descontrolado da tecnologia ou seu uso como ferramenta da criminalidade, como explorar a admissibilidade de aplicação análoga a situações concretas semelhantes, mas substancialmente diversas. Além disso, verificar os entendimentos jurisprudenciais sobre a temática da quebra de sigilo, informações e dados do referido aplicativo, bem como apresentar indícios de consequências a violação dos direitos constitucionais e os limites da atuação Estatal na busca de elementos probatórios. Trata-se de pesquisa bibliográfica, realizada sobre o método dedutivo, pautada emfundamentação doutrinária, aplicação da legislação especial que trata da interceptação telefônica e entendimentos jurisprudenciais, notadamente em julgados dos tribunais, especialmente o Tribunal de Justiça catarinense e os Tribunais Superiores, fazendo uma análise dos principais entendimentos e discordâncias existentes.

Being realistic and demanding the impossible

Characterising realism by contrasting it with moralism leaves open several questions to do with realism’s practical import. If political judgment is not to be derived — exclusively or at all — from pre-political moral commitments, what scope is there for genuinely normative political thinking? And even if there is some scope for political normativity, does realism’s reliance on interpretations of political practices condemn it to some form of status quo bias? In this paper I address those questions. My main aim is to assuage some worries about realism’s alleged conservative tendencies. I argue that there is an important sense in which realists can support radical and even unachievable political change — one can be realistic and demand the impossible, as the soixante- huitard slogan goes. To see how that may be the case one needs to characterise realism by contrasting it with both non-ideal theory and utopianism. In a nutshell, realism differs from non- ideal theory because it need not be concerned with feasibility constraints, and it differs from utopianism because it eschews detailed blueprints of the perfect polity.

DISCURSIVE STRATEGIES IN THE KEYNES-HAYEK DEBATE: BUILDING A LIBERAL CRITIQUE

© 2019 The Author(s). Published by Oxford University Press on behalf of the Cambridge Political Economy Society. All rights reserved. This article addresses an analysis of discourse based on Michel Foucault's 'order of discourse' to comprehend which discursive forces influenced Keynes's mode of thought and his liberal critique. The article returns to the Keynes-Hayek debate to explore the possibilities of considering Hayek as a reverse influence in Keynes's late beliefs on the limits of state action and socially desired ends. An understanding of Keynes's view on the state and economic action requires identifying the underlying strategies of his discourse when criticizing Hayek's spontaneous liberalism. More specifically, Hayek's liberal views promoted a reverse and discontinuous force that contributed to reinforce Keynes's mode of thought.

Between Leibniz and Kant: The Political Thought of Wilhelm von Humboldt

In his early text, The Limits of State Action, Wilhelm von Humboldt raises the Kantian question of the permissibility and legitimate extent of political and juridical coercion, as his contribution to a debate amongst Kantians launched by the publication in 1785 of Kant’s Groundwork of the Metaphysics of Morals. In arguing for a minimal state, concerned exclusively with internal and external security of its members but not at all with their felicity, Humboldt inflects Kantian political thought in the direction of a liberal laissez-faire state, in marked contrast to the strong interventionism that his fellow-Kantian Fichte derived from similar Kantian grounds. The article argues that the underlying conception of the individual retained by Humboldt has markedly Leibnizian traits, namely the notion of freedom as the spontaneous unfolding of a highly personal, monadic developmental trajectory toward perfection, which ought not to be impeded or homogenized by unnecessary state intervention. Humboldt thus represents not only a ‘rightist’ libertarian reading of Kant, but a particular appropriation of significant Leibnizian themes. His combination of these sources is compared with that of other contemporary theorists like Hufeland and Fichte.

Global corporations, bribery and corrupt practices: Anti-bribery laws and the limits of state action

The regulation and control of bribery and corrupt practices by globally active corporations has become a matter of increasing concern in recent years. For many years the US Foreign Corrupt Practices Act (1977) has stood as a model for other countries. Other countries have been slow to introduce improved anti-bribery laws and have often only been prompted to review their laws and practices in this area as a result of major corporate scandals. The passage of the UK Bribery Act (2010) has now provided a more broad-ranging model that has built upon prior experiences, such as in the USA, as well as upon advances in regulatory theory. Multilateral efforts, such as by the G20, have also become more important in encouraging countries to enhance global anti-bribery mechanisms. This paper critically examines this national and multilateral regulatory experience and discusses difficulties that individual states, such as Australia, have had in responding to the need for more effective anti-bribery laws and enforcement mechanisms.

The Converging and Diverging Views of Wilhelm von Humboldt and John Stuart Mill on the Subjects of Self-development and the Role of the State

This article shows that a number of the key points expressed by Mill in On Liberty (1859) were very similar to many ideas that Humboldt presented in The Limits of State Action (1792). In fact, it was by Humboldt that Mill gained an appreciation for the concept of self-development. The primary goal of his paper, however, is to find significant differences in their respective ideas on the role of the state as a way to facilitate the development of individuality. It also claims that these differences can be mainly attributed to Mill having had the opportunity to directly observe the negative impacts of industrial capitalism, which led him to defend a positive state role in counteracting them.

Prevention and Pre-emption in Australia’s Domestic Anti-terrorism Legislation

The move towards prevention in domestic anti-terror law and policy was initially justified as an exceptional response to the exceptional threat of transnational terrorism following September 11, 2001. However, commonalities are discernable between prevention in anti-terror law and prevention as employed in other areas of Australian law. To begin contextualising and analysing preventive practices in Australia, a framework is required. ‘The preventive state’ provides one way to view the collection of preventive measures employed in Australia. Engaging a governmentality perspective has the potential to make visible prevention and pre-emption in law and governance, and to inform critical treatment of the preventive state itself. Whether and how prevention and pre-emption in anti-terror law differ from and exhibit continuities with other preventive measures has the potential to expose issues of selectivity and proportionality between preventive measures and force consideration of the limits of state action to prevent or pre-empt harm.

Public justification and the limits of state action

One objection to the principle of public reason is that since there is room for reasonable disagreement about distributive justice as well as about human flourishing, the requirement of reasonable acceptability rules out redistribution as well as perfectionism. In response, some justificatory liberals have invoked the argument from higher-order unanimity, or nested inclusiveness. If it is not reasonable to reject having some system of property rights, and if redistribution is just the enforcement of a different set of property rights, redistribution is legitimate if chosen democratically. This article explores two problems with this response. First, there are different ways to describe the set of possible policies, and so different ways to specify the noncoercive default that obtains in the absence of conclusive justification. Second, if the coercive exercise of political power must be conclusively justified, policies that are more coercive ought to require conclusive justification as against policies that are less coercive. These problems about the baseline with respect to which we require public justification raise the question of how we measure coercion, and whether or in what sense there is a presumption against coercion. The article distinguishes and argues against three such presumptions.

Die Wirtschaft in der Krise – Wie weit sollte der Staat eingreifen?

Abstract From Joachim Starbatty’s point of view the answer of many politicians to today’s economic crisis is deficit spending and protectionism. He declares that these are typical keynesian tools - which are - even in Keynes’ theory - only suitable in special circumstances and argues that the actual economic crisis is no Keynesian crisis. The actual lack of demand was predominantly caused by a problematic US monetary policy, not by a lack of marginal efficiency of capital. Keynesian tools cannot solve the crisis and risk to even worsen the situation in different ways. Karen Horn represents the opinion that the global financial and economic crisis has brought about a shift in the relative importance of government and market as well in terms of scope as in popularity. She says: The dichotomy may however seem overstated: both politics and the market are no more than evolved arenas for the social interaction of fallible humans. The crisis just demonstrates the natural failures and limitations of both more clearly than ever. But this is precisely the reason why social processes should become freer discovery procedures allowing for a dynamic generation of new knowledge. The precautionary principle recommends more active government focus on the rule level and clear limits of state action elsewhere in order to prevent a ratchet effect of intervention. In politics, a slippery slope leads directly from pragmatism to constructivism. Gustav Horn addresses the question if and under what conditions economic policy should intervene with markets during an economic crisis. He explains that two different forms of interventions are distinguished: A macroeconomic and microeconomic intervention. Their mutual impact is discussed and a theoretical macroeconomic approach of de Grauwe is used to derive a theoretical foundation. The conclusion is that at a time of crisis both macroeconomic interventions as well as microeconomic interventions that serve to stabilize production of a public good are appropriate. Not appropriate is a state intervention for purely microeconomic reasons.

Wirtschaftspolitisches Forum Wie hoch darf bzw. muss eine menschenwürdige Mindestsicherung in Deutschland sein?

AbstractFrom Joachim Starbatty’s point of view the answer of many politicians to today’s economic crisis is deficit spending and protectionism. He declares that these are typical keynesian tools - which are - even in Keynes’ theory - only suitable in special circumstances and argues that the actual economic crisis is no Keynesian crisis. The actual lack of demand was predominantly caused by a problematic US monetary policy, not by a lack of marginal efficiency of capital. Keynesian tools cannot solve the crisis and risk to even worsen the situation in different ways.Karen Horn represents the opinion that the global financial and economic crisis has brought about a shift in the relative importance of government and market as well in terms of scope as in popularity. She says: The dichotomy may however seem overstated: both politics and the market are no more than evolved arenas for the social interaction of fallible humans. The crisis just demonstrates the natural failures and limitations of both more clearly than ever. But this is precisely the reason why social processes should become freer discovery procedures allowing for a dynamic generation of new knowledge. The precautionary principle recommends more active government focus on the rule level and clear limits of state action elsewhere in order to prevent a ratchet effect of intervention. In politics, a slippery slope leads directly from pragmatism to constructivism.Gustav Horn addresses the question if and under what conditions economic policy should intervene with markets during an economic crisis. He explains that two different forms of interventions are distinguished: A macroeconomic and microeconomic intervention. Their mutual impact is discussed and a theoretical macroeconomic approach of de Grauwe is used to derive a theoretical foundation. The conclusion is that at a time of crisis both macroeconomic interventions as well as microeconomic interventions that serve to stabilize production of a public good are appropriate. Not appropriate is a state intervention for purely microeconomic reasons.

Marxism, the State and British Politics

This article indicates how Marxist principles can be used to study political science and, in particular, be applied to an analysis of governing problems and responses in the British context. It proceeds by suggesting that if political science is to rise above the level of investigative journalism, then it is necessary to grapple with some difficult issues surrounding theories of the state. Following a brief review of Weberian approaches to the state, the article concentrates on ‘open Marxist’ discussions of the state. The central contention of the article is that deriving the state from Marx's account of the circuit of capital allows a conceptualisation of governing, and the limits of state action, which is absent in most orthodox political science.

Confessional policy and the limits of state action: Frederick William III and the Prussian Church Union 1817–40

ABSTRACTThe merging of the Lutheran and Calvinist (Reformed) confessions to form the United Church of Prussia was one of the most controversial policies pursued by Frederick William III after 1815. By the late 1830s it had provoked a large and well-organised movement of opposition, particularly among those ‘Old Lutherans’ in Silesia and neighbouring provinces who refused to abandon their liturgical traditions. This article examines the government's attempts to complete the process of unification through measures designed to atomize and silence Lutheran protest. Neither Prussian law nor Prussian law enforcement agencies, the article suggests, furnished an adequate foundation for Frederick William III's confessional policy. The unsuccessful campaign against Old Lutheranism exacerbated latent tensions between the executive and judicial branches of the administration and revealed the limits of government power and authority in the sensitive area of confessional policy. The aggressive and systematic confessional statism of the administration under Frederick William III was unprecedented in Prussian history; in this as in other areas of policy, the term ‘Restoration’ misrepresents political reality in post-Napoleonic Prussia.

The limits of state action? The myths and realities of ERISA. Employee Retirement Income Security Act.

The limits of state action? The myths and realities of ERISA. Employee Retirement Income Security Act.

The Right to Welfare and the Virtue of Charity

As each individual abandons himself to the solicitous aid of the State,so, and still more, he abandons to it the fate of his fellow-citizens.Wilhelm Von Humboldt,On the Limits of State Action

The Limits of State Action.

This text is important both as one of the most interesting contributions to the liberalism of the German Enlightenment, and as the most significant source for the ideas which John Stuart Mill popularized in his essay On Liberty. Humboldt's concern is to define the criteria by which the permissible limits of the state's activities may be determined. His basic principle, like that of Mill, is that the only justification for government interference is the prevention of harm to others. He discusses in detail the role and limits of the state's responsibility for the welfare, security and morals of its citizens. Humboldt's special achievement in this work is to enlarge our sense of what a liberal political theory might be by his particularly sensitive grasp of the complexity of our attitudes to and our need of other people. Dr Burrow has based his translation on Coulthard's version of 1854. In an important introduction, he provides a most perceptive as well as scholarly guide to Humboldt's political thought.

The Limits of State Action

The Limits of State Action

Book Reviews : The Limits of State Action. By WILHELM VON HUMBOLDT. Edited with an Intro duction and Notes by J. W. BURROW. (Cambridge: Cambridge University Press, 1969. Pp. xliii, 145. $7.50.)

Book Reviews : The Limits of State Action. By WILHELM VON HUMBOLDT. Edited with an Intro duction and Notes by J. W. BURROW. (Cambridge: Cambridge University Press, 1969. Pp. xliii, 145. $7.50.)

The Limits of State Action

The Limits of State Action

International Civil Aviation Organization

The fifteenth session of the Council of the International Civil Aviation Organization, meeting in Montreal, January 29 and April 2, 1952, referred thequestion of retroactive applications of amendments to Annex 1 of International Standards and Recommended Practices to the Air Navigation Commission for continued study; adopted amendment 1 to Annex 12 (Search and Rescue) and pertinent recommendations of the Air Navigation Commission; and accepted amendment 4 to Annex 10 (Aeronautical Telecommunications). In its discussion of secondment policy, the Council directed the Secretary-General (Ljunberg) to report to the Council on recruitment by the employment of secondment, as envisaged by the ICAO Service Code, and referred to a working group proposals for the revision of staff policy. The Council decided that the special conference for the finalization of a revised Rome Convention on Damage Caused by Foreign Aircraft to Third Parties on the Surface scheduled to convene in Rome on September 9, 1952 should be open to all states, including non-contracting states which were Members of the United Nations, and Rumania, and agreed to include in the documentation for the Rome conference the interpretation of the Air Transport Committee of the Council's insurance resolution of December 6, 1950 to the effect that the resolution was intended to establish maximum limits of state action to cover all forms of international air navigation.