State Concern Research Articles

THE ANALYSIS OF THE AUTHORITY OF THE CORRUPTION ERADICATION COMMISSION IN CONDUCTING STING OPERATIONS

The state suffers losses as a result of corrupt practices. The general populace shares the state's concern over this crime. The state and public are experiencing instability, and the Corruption Eradication Commission's position and power are crucial in overcoming and minimizing this. So, a sting operation is one of the things the Corruption Eradication Commission does. In this instance, it's important to consider not just the procedures followed by the Corruption Eradication Commission during sting operations, but also the operation's legal foundation and any elements that may have impeded its success. Opponents of the OTT point out that the Criminal Procedure Code only uses the phrase "caught red-handed," which they believe to be inadequate. The distinction thus leads one to the conclusion that being caught red-handed is indeed unlawful. I perceive a logical error in reasoning with respect to this issue. Although this phrase is not used in any Indonesian statute, it is true that the Criminal Procedure Code does not recognize it either. But that doesn't imply the operation is inherently unlawful.

Institutionalization of human rights to health care in the international legal space

Work analyzes international and national legal documents related to the moral right to health and the obligations of states to ensure it. International health law includes the right to health care as one of its constituent parts. The state's concern for the health of its citizens is not only related to the problem of improving health, but also to other fundamental norms of international human rights law, such as dignity and equality, which require the provision of basic medical care and the fair distribution of all resources Health Care. The conditions for ensuring the highest attainable level of health and their connection with the level of socio-economic development of the state, the availability of resources and opportunities for international cooperation are analyzed. International law on human rights to health focuses on the social determinants of health. Many social determinants of health, including education and water, are separate international rights. Components articulating other recognized rights, clearly related to the right to health, limit the scope of its possible realization. Expanded access to health care does not correlate with the normative goals of the right to health, and health care is not a strong causal factor in achieving it, at least compared to many social determinants of health. However, universal access to health care is a valuable asset for ensuring the realization of the right to health, so most states have enshrined the right to health (in one sense or another) in their basic laws. It is no accident that the declaration on health care (or "right to health") is enshrined in most modern constitutions, which in itself gives this right a special social and legal status, taking into account the importance of the basic law in the hierarchy of regulatory acts of any country. Such a legal arrangement does not always mean the possibility of actual realization of the right to health care, this is largely facilitated by the political, economic and cultural conditions of a particular country.

Countless Blessings: A History of Childbirth and Reproduction in the Sahel

Countless Blessings: A History of Childbirth and Reproduction in the Sahel

The Phenomenon of Human State Existence in the Context of Philosophical and Legal Thought of Western European Civilization

Relevance. This article is devoted to the study of the relationship between human nature and the state as a form of its expression. The relevance of this topic is determined by the fact that since the beginning of the XXI century there has been a tendency for the state as a form and way of being of a person to be squeezed out by transnational corporations. Meanwhile, the nature and essence of a transnational corporation differs from the nature and essence of a State, primarily in an anthropological sense.Purpose. The purpose of the presented work is to study the process of development of philosophical and legal thought in the direction of analyzing the anthropological meaning of the state and law.Objectives. The objectives of the article are to analyze the philosophical relationship between anthropological and legal thought at various stages of the development of European civilization: 1) in the era of Antiquity; 2) the Middle Ages; 3) Modern times; 4) Modern times, including modernity.Methodology. The comparative method, analysis and synthesis served as the methodological basis of this article. At the same time, the analysis of this topic took place in the historical and philosophical plane, which reflected some aspects of the evolution of philosophical and legal thought. The emphasis was placed on Western European philosophy, since a comprehensive analysis of the philosophical understanding of the relationship between man and the state in different cultural traditions is impossible in one article.Results. The author pays special attention to natural law, emphasizing its direct derivation from human nature. An anthropological crisis can lead to the degeneration of natural law, which will predispose states to disintegration. As a matter of fact, already relative to the time of the turn of the XX-XXI centuries, it is appropriate to state the gap between natural and positive law, which, although smoothed by some measures, for example, the ban on the death penalty, but in general continues to worsen.Conclusions. State policy should take into account spiritual values, which is a form of the state's concern for itself, since it is impossible to preserve national unity without a developed culture.

The Primary School Movement in the South Slav Lands of the Habsburg Monarchy in the Era of Dualism. Ideal and Reality

Primary education was an important issue in the Balkan countries during the social and national awakenings of the nineteenth century. While the development of a school system with a structured curriculum, staffed by qualified, faculty-educated teaching staff of both sexes, is well known, its ideological foundations may deserve more attention. This study takes as its starting point the most radical wing of the movement, a (by no means homogeneous) group around the Croatian educational magazine Napredak (1859), which under the partial influence of German Protestant pedagogy advocated non-denominational schools free of state or clerical tutoring, as well as Yugoslav fraternity. were implicit in Croatian taste. Croatian teachers have played a significant role in the development of primary education in Bosnia, although the final adoption of the principle of non-denominational schools is more due to the state's concern to counter Bosnian Serb influence - whose denominational schools developed thanks to immigrants from the Monarchy. . The idealism of the educational movement was submerged by three main factors, exacerbated by official suspicion: religious opposition in the Catholic, Orthodox, and Muslim camps; related ethno-national differences in the last two cases and, finally, the lack resources in still underdeveloped societies. The education budget has been spent too disproportionately on post-primary education, reflecting a propensity for elite and instrumental funding of “class” lines rather than educating the “man” of liberal ideas. In addition to the objective difficulties, there was the problem of teacher dissatisfaction with the gap between ideals and reality, and their low status among a largely indifferent, if not hostile population. The fate of primary education has thus become a symbol of the difficulties that Balkan society has encountered in the process of "modernization".

MENINJAU ULANG SANKSI KEBIRI KIMIA DARI PERSPEKTIF PEMBAHARUAN HUKUM PIDANA BERDASARKAN PANCASILA

Starting from the state's concern about the increasing numbers of sexual violence against children, the government has issued a chemical castration policy for perpetrators of sexual violence against children as an additional punishment or treatment. In general, children are a group vulnerable to sexual violence. This is because children are deemed unable to defend themselves and inadequate sex education in Indonesia. Through this research, the researchers tried to see whether the implementation of the castration policy can be the right form of punishment. By using the normative juridical method through an approach to legal principles with qualitative data analysis presented in a descriptive-analytical manner, the researchers found that the chemical castration policy against perpetrators of sexual violence against children actually injures the concept of criminal law reform which is currently on the country's big agenda to create criminal law in accordance with the values ​​of Pancasila, namely peace. The chemical castration policy is also a form of state neglect of the rights of victims and the rights of perpetrators which should be accommodated properly, without having to use chemical castration as a solution. Keyword: Chemical castration, Balance, Victims, Criminal law reform, Perpetrators.

Dinamika Hukum Perlindungan Anak Luar Nikah di Indonesia

This research emerged from ideas and ideas that started from our concern and empathy with children out of wedlock who all their lives carry a heavy psychological burden, namely stigmatization as adulterous children, illegitimate children and do not get legal protection at all for their rights as a human child. . This study aims to analyze the dynamics of legal protection for children out of wedlock. We use a normative juridical research method, with a statute approach, regarding the problems we present. The results of our research show that, during the period of 76 years of Indonesia's independence, the State (Government)'s concern for children out of wedlock is very less. It is proven by various laws and regulations that absolutely do not provide certainty, justice and legal benefits for children out of wedlock as the rights of a human child. This practice is not in accordance with the principle of a rule of law based on Pancasila and the principle of equality before the law. But then a legal breakthrough emerged which in our opinion is very advanced and phenomenal (extraordinary), namely, the decision of the Constitutional Court (MK) No. 46/PUU-VIII/2010 which gives status, position and rights as legitimate children to children out of wedlock. This legal breakthrough should be appreciated as a spectacular step to make the law a social engineering tool to break down misconceptions about children out of wedlock. however, it is ironic when the things that are missed by children born out of wedlock are rejected by some groups (conservative groups) who oppose the Constitutional Court's decision. So that until now it is still a polemic in society that has not been resolved. Therefore, through a normative juridical analysis, our research tries to provide a solution that the Constitutional Court's decision is very appropriate because it is in accordance with the values ​​of human rights, Pancasila and the principle of Equality before the Law from the State of Law which must provide certainty, justice and justice. benefits of law to every citizen without indiscriminate or discrimination. Conservatives worry that the Constitutional Court's decision can be a way to legitimize adultery, is a worry that is too naive and shallow. In fact, the Constitutional Court's decision can have a domino effect for children out of wedlock, adulterers, and the community. It is time for the dynamics of the law to develop so, where the law is expected to be a tool of social engineering that will change the paradigm and treatment of society towards children out of wedlock.
 Keywords: Dynamics, Legal Protection, Children Out of Wedlock

От ностальгии к осмыслению настоящего: СССР в представлениях разных поколений

The article analyzes the perception of the USSR of Russian citizens. The case of the Moscow inhabitants’ narratives shows what the peculiarities of the image of the Soviet Union, and how the characteristics of socialization and other individual and collective experience influence the evaluation of the Soviet past and its legacy. The theoretical framework of the study is relied on the concept of nostalgia as a selective, changing, fragmented mnemonic phenomenon. The findings of the article are based on the results of an in-depth interview (N=11), which showed that people of different generations with different levels of education and disparate life experiences had a variety of perception of the Soviet past. Its formation largely depended on the context, including the characteristics of socialization. The representations of the older generation about the Soviet Union are more holistic, the family played the main role in formation of their pictures of Soviet past. The image of the USSR among the younger generation is more contradictory and fragmentary, and social and political institutions played a significant role in its formation. Despite critical remarks about the USSR, the informants showed nostalgic sentiments. A comparison of the statements of the respondents about the present day and the Soviet times allows us to conclude that the main elements shaping these sentiments are a lack of feelings of unity and pride in the country, as well as a lack of a sense of the state's concern for people.

Review: Chinese Architecture: A History, by Nancy Shatzman Steinhardt

Review: <i>Chinese Architecture: A History</i>, by Nancy Shatzman Steinhardt

THE PSYCHOLOGICAL AND SOCIAL FACTORS ASSOCIATED WITH SINAI WOMAN EMPOWERMENT IN SUSTAINABLE DEVELOPMENT

Actually, this research handles the woman's role and importance as one of the significant topics exposed by humanity since very ancient decades and still until now. Woman exposes herself within forms that suit every age. There are several factors explain the increasing concern in woman in general and the Sinai woman in particular which most important are: the state's concern in development of Sinai to combat violence, extremism, and achieve sustainable development of 2030; added to that, empowering the Sinai woman to her lawful, social, and economic rights she was deprived across several decades because of habits, customs, marginalization, and the socio-economic an psychological stress; these problems that the Sinai woman is encountering in Bedouin Sinai communities. This research drives at identifying the participation range of Sinai woman in sustainable development programs and projects, in addition to the factors of initiation or withdrawal in these projects and the socio-psychological factors. The study questions are presented as follows; examining the relationship between the socio-psychological factors associated with Sinai woman's empowerment and the level of this empowerment. Examines the initiation and withdrawal factors associated with Sinai woman's empowerment and the level of this empowerment. Examines the relationship between the big five factors of personality and the level of empowerment. The study uses the descriptive-analytical method for forming the research theoretical framework. The data are collected through an investigation form as the main tool through the research sample that consists of (194) women in North Sinai. The results indicate a correlation exists between the socio-psychological factors associated with Sinai woman's empowerment and the level of this empowerment. There is also a correlation between the big five factors of personality and the level of empowerment. The researcher recommends the importance of women's participation in planning for projects and that the cultural and geographical variation should be considered at selecting projects concerning with woman. Woman's empowerment is a valuable part of the state's strategic plan and in all institutions, governmental, private or social. There should be also media programs for enlightenment of the woman's participation and empowerment of her legal, social, and economic rights.

Decongesting Infrastructures in Dakar's Urban Street Markets

In Senegal, the majority of people make their livelihoods in what is commonly referred to as the popular economy. However, the actual space of exchange—the bustling, calamitous street market—is being excised from the city in favor of a clean, modern urban landscape. The urban street market is emerging in the Dakarois public sphere as a problem for urban planning and government, largely justified in terms of la liberation de la voirie publique and the decongestion of downtown streets. In this vision of a modernizing Dakar, the urban landscape will cater to the free circulation of a growing middle-class and international business elite. At stake in this framing is the future definition of what “public” urban infrastructure is meant to serve. Urban cleanliness in Dakar has emerged as a problem in a variety of historical conjunctures, from colonial health concerns over malaria and bubonic plague, to the newly independent state's concern with déchets humains and encombrements humains, to the Set Setal's popular mobilization against urban waste and litter. In this presentation I suggest a framing for contemporary reflection on governing Dakar's urban environment. I focus attention on the management of people—specifically, the bodies of marchands tabliers and marchands ambulants—alongside this Dakarois genealogy of the management of things. More broadly, I argue that understanding the street as a public form allows a focus on how people come to recognize objects more generally as collective concerns.

Street Vending as Ethical Citizenship in Urban Indonesia

Street traders in many Indonesian cities face social and legal constraints because they are deemed to be hampering the city's order and cleanliness. I describe how a group of vendors adopted the state's concern over greenery and developed their own “green” project. They also called themselves the rakyat kecil (small people) and argued that they were the poor underdogs being mistreated by the corrupt government. This moral positioning is best seen as an expression of what I am calling “citizenship as ethics,” in which the legitimacy of being in a public space is validated through discourses and actions deemed “good” or “right” in the local public imagination.

On the Doorstep of Europe: Asylum and Citizenship in Greece by Heath Cabot (review)

Heath Cabot, On the Doorstep of Europe: Asylum and Citizenship in Greece. Philadelphia: University of Pennsylvania Press, 2014. 272 pp.On the Doorstep of Europe is an intelligently written, theoretically informed ethnography of an original and important subject: the process by which undocumented migrants apply for in Greece after what are often harrowing journeys from Africa, the Near East, and South Asia. Heath Cabot presents a perceptive analysis of the regime of political asylum in Greece, which draws on Victor Turner's (1980) concept of to explore how seekers, members of humanitarian NGOs, and government bureaucrats attempt to negotiate the moral and legal dilemmas confronting them as more and more refugees from around the world seek safe haven from poverty, discrimination, and war. The result is a wonderful example of interpretive anthropology at its best-making sense of the way other people make sense of the world.Cabot clearly sets out all the background information necessary for us to understand the detailed ethnographic analysis that follows. She points out that of all the countries in the European Union, Greece has the most illegal immigrants, the most cases of human trafficking, and the highest number of applicants. It also has staggeringly low refugee recognition rates (4), with the highest number of rejections and the highest number of backlogged cases. Cabot describes the impact of the 2003 Dublin II Regulation, according to which seekers are obligated to apply for protection in the country where they first enter the European Union and are subject to removal to that country if they are apprehended in another EU state. Cabot also notes that seekers who are apprehended by Greek officials on Aegean islands near the Turkish coast or along Greece's land border with Turkey in Thrace are sent to Athens.Athens, therefore, is one of the main focal points of the refugee crisis that currently faces the entire European Union.The book is well-organized; its structure clear and effective. It is divided into three acts: Governance, Judgment, and Citizenship. Chapter 1 presents an overview of the problem of in Greece and examines the country's failure to manage its borders in ways that meet EU standards. Chapter 2, Documenting Legal Limbo, examines the material culture of and citizenship, focusing on the written documents that play a central role in the social drama that is Greek bureaucracy. Grapheiokratia, the Greek term for bureaucracy, is a word whose etymology refers literally to the power of writing. Without written documents, seekers in Greece simply do not exist.Of all the documents involved in the process-application forms, case files, appeals records-the one that is most revealing is the pink card. It is a perfect symbol of the seekers' liminality, a term that is surprisingly absent from Cabot's analysis, especially in light of her use of Turner's work on dramas. The pink card, the first document seekers receive when they enter Greece, is actually a deportation order. It states that the bearer must leave Greece voluntarily within 30 days. Many seekers, however, view their pink card as a temporary residence permit that gives them permission to stay in Greece for a month. Some seekers, in fact, ask if they can renew their deportation order (47). The irony here is a delightful example of the unpredictability created by Greek bureaucracy, which results from misinterpretations that arise in the interplay of official and unofficial meanings. At times, it seems, this social drama approaches perilously close to theater of the absurd. Cabot's discussion of the Greek state's concern with documenting its citizens would have benefited from a brief mention of the files (fakeloi) that right wing Greek governments kept on citizens suspected of left wing sympathies from the Civil War (1946-1949), through the Greek military dictatorship (1967-1974), until they were destroyed in 1989. …

Government Officials' Political Incentives and Corporate Diversification in an Emerging Economy

While the importance of state in shaping organizations is well accepted, the mechanisms through which it affects firms have been narrowly defined. Drawing on the insights from political sociology, this paper proposes a new mechanism: the state shapes corporate strategy through its bureaucratic processes of achieving its formal agenda. The state designs long-term career path that structures government officials' political incentives and possesses bureaucratic capability to engage in institutionalized interaction with business actors through the predictable tenure system and political incorporation of business actors. I test this framework in the context of Chinese publicly listed firms' diversification from 2001 to 2009. Empirical findings support that due to state's concern for social stability, firms diversify into unrelated industries to absorb laid-off workers from bankrupted state-owned enterprises. Significant difference in corporate diversification can be explained by the career stage of provincial government officials, congress years (when promotion news is announced), sensitivity of the province to social stability (e.g., minority-dominated provinces), officials' tenure in current position and political incorporation of private business leaders. This study contributes to organization theory and strategy by delineating a new mechanism through which the state affects corporations. It opens the black box of the state by delving into the bureaucratic processes of the state and highlighting the role of agency. It also provides a political explanation for corporate diversification strategy in the context of an emerging economy.

Criminal Law beyond the State: The European Model

AbstractThis article will analyse two models of criminal law beyond the State, which are here termed ‘eunomic’ and ‘dialogic’. It will then focus on one case study, European criminal law, which was inherently ‘dialogic’ until the last decade of the past century but has now quite unique features. In accordance with classic liberal views, criminal law has always been conceptualised as one of the most salient attributes of the sovereign State. The monopoly on the use of violence was to be legitimised by the State's concern for the sphere of autonomy of the individual. It is submitted in this article that it is precisely this condition that is lacking in the current European model, which promotes security‐oriented paradigms of self‐fulfilment and effectiveness. However, criminal law, if properly conceived, could in theory function as a powerful vehicle of integration.

Beyond State Planned School-Based Curriculum Development: One Chinese School's Story

View through a power perspective, this article critically evaluates tensions involved in China's school-based curriculum development (SBCD) in middle schools: the state's concern about control, accountability, and schools’ eagerness to struggle for more decision-making power. This article examines how a Chinese school and its teachers go beyond state-planned SBCD through analysis of power relationships in three stages of SBCD: goal setting, content and pedagogy selection, and implementation. It finds that the school and teachers negotiated with the governments and empowered themselves to gain more influence by taking the lead in collaborations with external groups, making major SBCD decisions, and distributing power democratically among school staff. The main purpose of the article is to highlight the complexity of the power redistribution in SBCD and to draw attention to the need for improved understandings of school power in Chinese context.

CULTURAL STUDIES IN COLOMBIA

This article presents an always risky cartography of the institutionalization of the field of Cultural Studies in Colombia in the 1990s. The article starts with a personal narration on how the author was introduced to this novel field by entering the first graduate programme in Cultural Studies in Colombia. Here, it locates the major tensions, stereotypes and loud silences characteristic of the social sciences in Colombia in which this institutionalization was infused and also threatened by the 1990s. But far from thinking that this recent event inaugurated an intellectual project thanks to the importation of theories and methodologies at this moment, the article describes previous intellectual traditions like the one influenced by the works of Orlando Fals Borda that had challenged positivist and neutral intellectual approaches to major problems in Colombia. Also, it highlights the influence that the work of Jesús Martín Barbero had through his paramount work on media and mediation since the 1970s. Afterwards, the article succinctly contextualizes the institutionalization of Cultural Studies in the 1990s through the emergence of the Ministry of Culture and the multicultural mantra and a whole scholarly and state's concern for cultural industries and culture policies. Finally, it describes the ‘perverse confluences’ between these new events and the arrival of neoliberal policies that had radically changed and challenged Colombian public and private universities. The article concludes with a contrasting image between a multiplication of interests, programmes, departments, conferences and publications in Cultural Studies in the larger universities in Colombia and their rampant transformation through the new scripts of audit cultures, indexation and the whole quantification of knowledge production.

La Genese du concept d'éducation publique au Portugal et au Brésil

The study is concerned with how the public education concept has been appropriated by several academic works in the field of history of education. In fact, they seem to use this concept in an anachronic way, without any real concern about its historicity. Thus, the study dialogues with the historian Reinhart Koselleck, in order to develop reflections on the historicity of the public education concept. From such a standpoint, it postulates assumptions that the concept has a history; it is articulated to a specific context that makes it comprehensible. Hence, the temporal variation of the concept is assumed as a historical event with a unique character articulated to its timing. Given this assumption, the study analyses two moments/dimensions of the genesis of the modern concept of public education in the Luso‐Brazilian world. The first moment relates to the Marques de Pombal Reform of Education (Estudos Menores) in Portugal, in the eighteenth century. This educational reform expressed one of the first attempts at public education “statisation” in Europe. It stresses the character of this policy, to be understood in the context of Illustrated Despotism in Portugal. Indeed such an intervention basically expresses the State's concern in controlling the formation of mentalities, mostly among the intellectual aristocracy. Hence, public education was aimed at the social strata that would support State policy to establish its centralisation project. From this perspective, it is not possible to identify public education with popular education. The second moment/dimension relates to Brazil in the nineteenth century, in the context of the constitution and consolidation of the Imperial State, which foresees the chance to straighten the State power, a pathway towards the fulfilment of its purposes. In such a context, the education and the legitimacy of its institutionalisation reflect the struggle between the local power (a Casa) and its resistance to Imperial State interference and domination. This theoretical and practical confrontation, occurring in the specific context of conflict between domestic education and public education, represents a twofold level of particular interest. At a first analytical level, the concept of public education springs from the opposition/differentiation established between the public ambit and the private one; hence, from such a perspective, public education is primordially that realised outside the domestic ambit. This antagonism is mostly expressed by the tension among the terms of public education/instruction that pervades pedagogical debate at that time. It also refers to the resistance showed by the leading elites towards the growing interference of public power, mostly the State, in the private ambit that had been, until then, under its own jurisdiction: to decide on, to contract out and to account for in relation to their children's education. At a second analytical level, without any doubt, such a conflict is related to the universalisation process of the school model being consolidated in Brazil at the end of the nineteenth century and at the beginning of the twentieth century.

The Limits of Reputation on Compliance

This short paper is a response to Andrew Guzman's book, How International Law Works. Guzman presents a novel synthesis of the IR approaches to IL by arguing that a state's concern with its reputation is one most important source of compliance with international law. But the book's approach to reputation is not up to the task of explaining compliance. In discussion the book's shortcomings, I ask to whom the relevant reputation belongs. Guzman relies on notions of the state's reputation, but this assignment is a problem for a causation analysis because governments (who make the compliance decisions) will not fully internalize the state's reputation. In addition, I discuss the methodological problems in Guzman's approach. The book provides for only a very loose means of assessing reputational costs, even as a conceptual matter. Without such means of assessment, any claim about the power of reputation remains non-falsifiable and therefore has less theoretical force.

The limits of reputation on compliance

This short paper is a response to Andrew Guzman's book, How International Law Works. Guzman presents a novel synthesis of the IR approaches to IL by arguing that a state's concern with its reputation is one most important source of compliance with international law. But the book's approach to reputation is not up to the task of explaining compliance. In discussion the book's shortcomings, I ask to whom the relevant reputation belongs. Guzman relies on notions of the state's reputation, but this assignment is a problem for a causation analysis because governments (who make the compliance decisions) will not fully internalize the state's reputation. In addition, I discuss the methodological problems in Guzman's approach. The book provides for only a very loose means of assessing reputational costs, even as a conceptual matter. Without such means of assessment, any claim about the power of reputation remains non-falsifiable and therefore has less theoretical force.