Positive Sanctions Research Articles

Problems of applying incentives in civil law

The article notes that incentives are rarely used in civil law due to both objective and subjective reasons. The objective reason is the peculiarities of the law-regulatory methodology of civil law itself, but they are not an obstacle to the use of incentives in civil law. The specifics of the civil law methodology only determine a certain secondary importance of incentives as legal means of regulating civil relations, but do not exclude the possibility and necessity of their application in general. The subjective reasons are the lack of sufficiently developed general provisions in the civil law doctrine and the lack of provisions of similar content in civil law. Elimination of the latter two subjective obstacles will in the future allow intensifying the use of incentives in the self-regulation of civil relations. Based on the principles of freedom of contract and freedom of unilateral transactions, civil law subjects are free to choose the methods of regulating their relations. This freedom also applies to their choice of incentives as legal means of regulating their individual relations. Increased use of incentives in civil law should be expected primarily in self-regulatory relations. The advantage of using incentives, as compared to the methods of ensuring proper performance of obligations (pledge, surety, retention, etc.), as well as measures of civil liability or other legal consequences, is that incentives are positive sanctions by their nature, i.e. a reward for making maximum efforts to achieve a certain legal result by the subject. This circumstance allows the parties to contractual legal relations to strengthen their ties and create an atmosphere of trust rather than suspicion. This is especially important for contractual relations in the business sector, where the duration of economic and legal relations is one of the determining factors of business success. The use of methods to ensure the proper fulfilment of contractual obligations, and even more so, measures of liability or other legal consequences for breach of obligations, generates negative tension or even leads to the termination of business relations.

Development Of Social Capital In Urban Farming-Based Farmer Groups In Rw 03, Cempaka Putih Timur Village, Central Jakarta

This research discusses the development of social capital for farmer groups based on urban farming in RW 03 Cempaka Putih Timur. This research aims to describe the process of developing bonding social capital of farmer groups, the benefits of bonding in building bonding relationships with consumers, and linking social capital to the government or companies. This research uses a qualitative approach with a descriptive design, by conducting observations and in-depth interviews with 25 informants selected using a purposive sampling technique. The results of this research show that the process of developing bonding social capital describes the relationship between farmer groups and their members which begins with the existence of common goals and relationships between members of the farmer group who have emotional closeness. Bridging the social capital of the farmer group describes the relationship between the farmer group and the RW 03 community, non-members of the farmer group, visiting guests, assisted groups, and people outside RW 03 who are consumers. Linking social capital describes relations with local governments, LH Sub-Department, KPKP Sub-department, Companies, Districts, Villages, Rukun Warga (RW) and Rukun Tetangga (RT). Forms of social capital in farmer groups are strengthened by networks that arise from trust so that the exchange of needed resources occurs. Obligations and expectations as well as norms support bonding social capital in strengthening relationships between farmer groups. Positive sanctions support linking social capital by providing rewards that can increase the motivation and commitment of farmer group members.

A Content Analysis of the Stigma of Multilevel Marketing Participants on Reddit

ABSTRACT This study seeks to contribute to the knowledge of stigmatization, audience behavior, and dirty work. Furthermore, few studies have examined how groups frame multilevel marketing (MLM) participation as deviant. We will observe and define how an online community stigmatizes MLMs and participants. Utilizing a qualitative content analysis of a subreddit that opposes MLMs, we consider the top-rated posts’ type, content, and titles in the 12 months preceding data collection. We established several themes during analysis; posted content included humor, criticism, and MLM-related content. We also found contextual descriptions, criticism, humor, positive sanctions, and content emphasis among post titles. Together posts frame MLM participants and participants’ behavior as problematic. We also examine how subreddit community members stigmatize MLMs and participants while reinforcing the community’s ideological boundaries. Finally, we discuss how community members frame this liminal occupation as dirty, morally tainted work within an online space.

The Novel “Jandar” Laments the Dying Civilization

The novel under titled “Jandar” of Akhtar Raza Saleemi was published in 2017. It’s a new addition to the fiction in Urdu literature. It’s received the UBL Literary Award for fiction 2019. In this novel the author highlighted the traditions and cultures of Khyber Pakhtunkhwa, especially of district Hazara. The author is mourning over the culture lag and by the vanishing of positive sanctions and standards in the cultures of these areas. Through this article the author wants to convey the different aspects and the cultural pattern of these areas to the Urdu readers to preserve and promote it in a better way.

The Novel “Jandar” Laments the Dying Civilization

The novel under titled “Jandar” of Akhtar Raza Saleemi was published in 2017. It’s a new addition to the fiction in Urdu literature. It’s received the UBL Literary Award for fiction 2019. In this novel the author highlighted the traditions and cultures of Khyber Pakhtunkhwa, especially of district Hazara. The author is mourning over the culture lag and by the vanishing of positive sanctions and standards in the cultures of these areas. Through this article the author wants to convey the different aspects and the cultural pattern of these areas to the Urdu readers to preserve and promote it in a better way.

Hostile-emotional excess of zeal in public social media: A case study of an online firestorm against an organization

Caused by perceived norm violations, online firestorms confront organizations with large volumes of hostile-emotional comments on public social media leading to a damage to reputation or the cancellation of products and projects. Relying on social norm theory we analyze how people express perceived norm violations in their online comments and how this relates to their use of hostile-emotional online sanctions. We distinguish negative externalities; propriety judgements; excess of zeal, which combines negative externalities with propriety judgements; and no justification, meaning no speculations about why norm violations occurred, as four types of motive for hostile verbal expression. Using hostile-emotional sanctioning is differently associated with these motives: (1) weak association with negative externalities to maintain credibility; (2) moderate association with propriety judgements as a result of altruistic punishments; (3) moderate association with no justification, triggered by arousal; and (4) strong association with an excess of zeal because norm enforcers believe that a latent group exists which rewards them with positive sanctions for working toward the common goal and punishes them with negative sanctions for shirking. We analyze one specific online protest signed by 305,122 people that led to a massive hostile-emotional firestorm against an organization. We find that 37% of the 44,173 individuals who additionally commented their protest participation were hostile and/or emotional. As predicted, we find that compared to the other motives, the excess of zeal is most likely to motivate hostile-emotional sanctions. Overall, our theory and findings explain why most online firestorms are hard to stop: with an excess of zeal, a latent group of norm enforcers must be appeased.

Theoretical framework and comparative analysis of Cuba, Venezuela, Russia, Turkey, Egypt, Saudi Arabia, Iran, China

The models of autocracy promotion are four: a) Military intervention, through a war. b) Economic blackmail: by applying negative sanctions to pro-West democratizing regimes: trade or investments’ sanctions, and cuts to economic or military aid. c) Rewards: by positive sanctions to authoritarian or hybrid regimes, through diplomatic pressure, military and economic assistance. d) Spontaneous emulation: an authoritarian state is a cultural, economic, political and military model for other non-democratic regimes, that autonomously follow the leader. A rigid autocracy promotion is based on the support of only authoritarian regimes, while in a flexible relation there is the possibility of a ‘B plan’, by promoting hybrid regimes too. Hard power relations are anchored to direct military interventions, while soft power is based on emulation, diplomatic, economic, indirect military inducements and blackmails. The cases under review in this issue are: China, Saudi Arabia, Russia, Cuba and Venezuela.

EU’s Civilian Power Preference in the International System

The EU, which aims at economic integration in Europe with a neo-functionalist approach and then moves towards political unity, did not focus on the foreign policy dimension. Duchene, who made a conceptual classification of the EU's effectiveness in the international arena in the 1970s, defined the EU as "civilian power". The EU, combined the common foreign and security policies in the Maastricht Treaty’s second column, aimed to be univocal and more effective in the international system. The EU, preferring positive conditionally with diplomatic and economic assistance, aimed to be an effective actor in the international system. Although the EU has recently mentioned its name with military missions, it has preferred positive sanctions with economic aid, incentives and privileged trade agreements. This study concludes that the EU, which reinforces and actively uses civilian power instead of military preferences, is a civilian power.

Penerapan Sanksi Adat Bagi Pelaku Persetubuhan terhadap Anak Kandung di Desa Tulikup Gianyar

Sexual intercourse with children is a very cruel crime especially the perpetrators of the crime of sexual intercourse against the child is the biological father of the victim. The Criminal Law Code has regulated the act of sexual intercourse namely Article 284-288. The specific crime of sexual intercourse with children has also been regulated in Law No. 35 of 2014 concerning Child Protection. The people of Bali believe in the existence of a scale and noetic which, if something goes wrong, is believed to disturb the magical balance. In customary law, sexual intercourse with biological children is included in the Gamia Gemana offense and has been regulated in Awig-awig Desa Adat Tulikup Kelod. Based on these problems, this study was made with the aim of uncovering the factors that caused the crime of sexual intercourse against biological daughter in the village of Tulikup Gianyar and how the application of traditional sanctions for perpetrator of intercourse against a biological daughter in the village of Tulikup Gianyar. This research employed empirical research methods by analyzing quantitative data. The results of the study stated that the sexual needs that were not fulfilled by the wife, the low awareness of the perpetrator in the application of religious teachings, and the condition of the house which was always quiet were the causes of intercourse against a biological daughter in the village of Tulikup Gianyar. In addition to being subjected to positive sanctions in the form of imprisonment and fines, the perpetrator of sexual intercourse against biological children in Tulikup Village was also subject to sanctions that have been regulated in Awig-awig Kelik Tulikup Adat Village namely in the form of Sangaskara Danda (sanctions in the form of ceremonies) which must be carried out by the perpetrator and also the victim.

Дискуссионные проблемы наградного права: «позитивная ответственность» и «позитивные санкции» как юридические понятия

Дискуссионные проблемы наградного права: «позитивная ответственность» и «позитивные санкции» как юридические понятия

SANCTIONS IN LAW: PAST, PRESENT, FUTURE

The paper considers viewpoints on the stages of social development. It is based on the position of E. Toffler, who distinguishes three stages: agricultural, industrial and informational. The concept of sanctions is given as a measure of influence on the subjects of law, the purpose of which is either to suppress, eliminate, condemn undesirable actions (negative sanctions), or to stimulate desirable behavior (positive sanctions). Sanctions in law are analyzed in an evolutionary way, that is, in relation to the mentioned periods of development of society. In agrarian society, the death penalty was the main type of punishment, as society and the government itself were not notable for humanity. The society kept growing: since the XVIII century the barbaric ways of its implementation began to disappear, and since the twentieth century the process of abolition of death penalty began in many countries. In an industrial society, the main burden falls on the deprivation of liberty. But with the development of society, the amount of imprisonment sentences has reduced and replaced by less stringent sanctions (fines, mandatory work). In the information society the nature of sanctions is changing dramatically: 1) the physical impact on offenders is replaced by mental; 2) the negative impact on the subjects of law gradually gives way to a positive impact on them. The paper analyzes in detail the sanctions in the information society: 1) deprivation/non-provision of work; 2) forced publicity (defamation) as the placement of negative information in the public space, which is associated with the loss of reputation; 3) promotion as a measure of influence on the subject, associated with the onset of favorable consequences for him, applied for merits in achieving particularly significant results. All types of incentive sanctions are considered: material incentives; moral incentive, which aims to provide a person with increased attention, recognition, respect, raising his authority; provision of benefits, i.e. certain advantages, additional rights; reward for outstanding services.

ПРОБЛЕМЫ ЛИКВИДАЦИИ НЕГРАМОТНОСТИ В ВОСТОЧНОМ ЗАБАЙКАЛЬЕ В 1920-Е ГГ.

The article is devoted to the study of the problems of campaigns to eliminate illiteracy of the adult population, which were carried out in Eastern Transbaikalia in the 1920s. The Soviet policy of raising the educational level of adult able-bodied workers and peasants has repeatedly become the subject of research by historians, sociologists, teachers, but at the same time has not lost its scientific potential. Currently, the features of the implementation of this policy in various regions of our country are being actively studied. The local material makes it possible to trace the problems of the practical activities of educational institutions for the adult population (health centers and schools for the illiterate), among which are the lack of material resources, the lack of teachers (especially in rural areas), their low qualifications, which had a negative impact on the organization of training sessions. Within the framework of this article, the author draws attention to the relatively poorly studied problem of the outflow of the trained contingent from such institutions. Historical sources indicate that this problem was very acute and jeopardized the implementation of plans to eradicate illiteracy. Adult students stopped attending educational institutions for a variety of reasons, but the main one was weak personal motivation to learn. The author examines the measures that the local leadership resorted to in an effort to solve this problem (agitation and propaganda among the masses, negative and positive sanctions against the contingent of health centers and schools for the illiterate), and their effectiveness is assessed. The article was written on the basis of unpublished and published documents from the funds of the State Archives of the Trans-Baikal Territory, a significant part of which is being introduced into scientific circulation for the first time.

English

In this research, the effect of reducing procrastination tendency on the academic achievement of pre-service science teachers in the physics course was investigated. In this, a quasi-experimental research design was used, which included the experimental and control groups. Each group consisted of 35 pre-service science teachers. Both groups were taught a physics course at the undergraduate level by the same lecturer. While reducing procrastination tendency activities and strategies were applied in the experimental group, the conventional teaching method was applied in the control group. Data were collected by Physics Achievement Tests developed by the researcher for use in previous researches. Data analysis was tested, using IBM SPSS 22.0 statistical package program by taking into account the importance level between pre-test and post-test. After analyzing the data, in light of the findings of the research, the academic achievement of pre-service science teachers in the experimental group was found to be higher than the academic achievement of the candidates in the control group. Thus, it has been determined that special strategies and sanctions related to reducing procrastination tendency in the experimental group have a positive effect on achievement. For this reason, special strategies and positive sanctions can be applied to decrease procrastination tendency to increase the achievement in physics course of pre-service science teachers.   Key words: Achievement in physics course, pre-service science teacher, procrastination tendency.

Positive Sanctions versus Imprisonment

This article considers the possibility of simultaneously reducing crime, prison sentences, and the tax burden of financing the criminal justice system by introducing positive sanctions, which are benefits conferred to non-convicts. Specifically, it proposes a procedure wherein a part of the imprisonment budget is re-directed towards financing positive sanctions. The feasibility of this procedure depends on how effectively the marginal imprisonment sentence reduces crime, the crime rate, the effectiveness of positive sanctions, and how accurately the government can direct positive sanctions towards individuals who are most responsive to such policies. A subsequent welfare analysis reveals an advantage of positive sanctions: they operate by transferring or creating wealth, whereas imprisonment destroys wealth. Thus, the conditions under which positive sanctions are optimal are broader than those under which they can be used to jointly reduce crime, sentences, and taxes. With an exogenous [resp. endogenous] budget for law enforcement, it is optimal to use positive sanctions when the imprisonment elasticity of deterrence is small [resp. the marginal cost of public funds is not high]. These conditions hold, implying that using positive sanctions is optimal, in numerical examples generated by using estimates for key values from the empirical literature.

Gender differences in the effect of downward influence strategies on perceived stress and general-health: The mediating role of organizational justice

This study examined the effects of supervisor’s downward influence strategies (DIS) on subordinates’ perceived stress and general-health. The influencing effects of DIS were also analyzed in the light of the mediating effects of organizational justice dimensions, namely, distributive justice (DJ), procedural justice (PJ) and interactional justice (IJ). Responses were collected from three organizations through survey method (Males, N = 91; females, N = 74). Gender differences were observed in the perceptions of DIS which affected perceived stress and general-health conditions of both male and female employees. Further, the results revealed that supervisor’s task-oriented DIS (e.g., negative sanctions) increase perceived stress and negative health conditions in both genders. Supervisor’s people-oriented DIS (e.g., ingratiation) lowered perceived stress and triggered botheration-free existence in the employees. The mediation analysis of justice dimensions indicated that, in the case of males, IJ and PJ positively mediate people-oriented DIS effects on stress and general health. However, in females, supervisor’s ingratiation and positive sanctions helped in ameliorating stress through their positive PJ perceptions. Strong indirect effects of supervisor’s task-oriented strategy (e.g., rationality) were observed on male’s stress and general-health through IJ. On the other hand, supervisor’s rationality and assertiveness reduced female employees’ perceived stress through their PJ and DJ perceptions, respectively.

Ethics and economics: A comment on Narvaez‘s “Revitalizing human virtue by restoring organic morality”

This paper comments on Darcia Narvaez's Kohlberg Memorial Lecture, published in this issue, with respect to her contrasting ethics and economics, or morality and market. My basic claim is that ethics and economics, properly understood, are just two sides of the same coin. One main point is that all morality solves cooperation problems and includes positive and negative sanctions to uphold it. The second claim is that competition in market economies is, in principle, ethically justified, and where it creates a problem, it is not just an ethical problem, but by the same token an economic one with which economists are concerned.

Universally Accessible Sport in Polish Society’s Lifestyle: The Causes of Change

Aim. This paper aims to diagnose the revival of universally accessible sport in Poland and the place sport holds in the lifestyles of Polish society. In particular, the paper seeks to identify the causes of the revival, that is, show where the causes should be searched for and name the factors and determinants that have played the dominant role in changes studied in this paper. Methods. In order to reach the goal formulated above, the author has used the most popular theories of lifestyle and the findings of research conducted by Andrzej Sicinski, a Polish sociologist whose dissertations on lifestyle are widely esteemed by the research community. Additionally, this paper employs the extremely important sociological theories of structural functionalism and symbolic interactionism. Results. Analyses performed in the rational order and employing a wide range of empirical data reveal two groups of factors that have played a fundamental role in the revival of universally accessible sport among the Polish public as well as in the related changes in Polish people’s lifestyles. One group are factors resulting from the changing social structure (education, affluence, employment structure, etc.), while factors in the other group stem from cultural changes (dominant ideals, behavioural patterns, social control, cultural pressure, etc.). Discussion and Conclusion. The above changes in the cultural sphere have had more and less indirect influence on the public’s attitudes towards sporting activities. This is to say that culture is a socialization factor that prompts individuals and communities to internalize sporting lifestyles. The acceptance of such lifestyles meets with positive sanctions and symbolic rewards, whereas individuals and communities that reject such lifestyles expose themselves to negative sanctions and symbolic retributions which are often just as unbearable as financial penalties. © Idōkan Poland Association “IDO MOVEMENT FOR CULTURE. Journal of Martial Arts Anthropology”, Vol. 16, no. 1 (2016), pp. 30–38 DOI: 10.14589/ido.16.1.4

External Threat as Coercion

Abstract In coercive relations, threats of negative sanctions extract valued positive sanctions from coercees. Only when coercion is direct, however, are the negative sanctions controlled by the coercer who benefits from the threats. Not previously investigated, indirect coercion relies on threats and negative sanctions that are external to the exploitative relation. We suggest that indirect coercion is ubiquitous. From their inception states have used the threat of external enemies to justify rulers’ increased powers and to provide a patina of legitimacy while, on a smaller scale, criminal organizations such as the mafia have long profited from offering protection. The purpose of this paper is to theoretically model and experimentally investigate indirect coercion and compare its effectiveness in extracting valued resources to that of direct coercion. Previous research has shown that all power structures, whether exchange, conflict or coercive, take two distinct forms, strong and weak. Therefore, experiments on strong and weak indirect coercion are run and are compared to new and previous experiments on strong and weak direct coercion. Theoretically grounded predictions are derived and tested for those structures.

Economic sanctions and the rhetorical responses of totalitarian regimes: Examining North Korean rhetorical strategies, 1949–2010

This study investigates the impact of economic statecraft on the North Korean Government. As a totalitarian regime, which is characterized by a controlled mass media, the North Korean Government tries to contain potential problems caused by sanctions by using three types of political rhetoric: appeasement, backlash, and surveillance. Using time-series data from 1949 to 2010 derived from a content analysis of the New Year's Day addresses by Kim Il Sung, Kim Jong Il, and Kim Jong Un, the empirical results suggests that the North Korean Government does alter its rhetorical strategies in response to external economic sanctions. Negative sanctions cause the regime to use appeasement strategies (or calls for reforms and internal changes). It tends to use backlash rhetoric (or blaming the sanctioning powers) in response to, interestingly, positive sanctions. Surveillance rhetoric, or the call for internal vigilance against enemies, on the other hand, does not have any statistical connection with sanctions, rather driven by other factors, such as the Korean War, external instability, and so on.

A Theory of Competitive Sanctions: How to Use the Sticks and the Carrots to Manage Classroom, Workplace, and Society?

In this paper, we provide a theory of positive and negative sanctions using a game theoretic framework. We approach the question of how to use and combine the stick and the carrot policy from the stand that reward is an incentive system for pulling up the good performers and punishment is an incentive for pushing up the bad performers. To investigate the effect of punishment and reward, we introduce a performance selection game (PSG) as the basic framework. On comparing the equilibrium strategy for punishment and that for reward, we find that median ability plays a key role in understanding the characteristics of the performance improving effect of the two incentive schemes. The optimal choice of sanctions is informed by task type as well as degree of heterogeneity of members. We show that punishment is more useful when the task is conjunctive or the group members are homogeneous (member skills, abilities, or tastes are less diverse), and reward is more useful when the task is disjunctive or group members are heterogeneous (member skills, abilities, or tastes are more diverse). We test our results by applying them to the field of education, a workplace, and a society.