scholarly journals The Actuality of Some Principles and Ideas of Law Philosophy Issued by Mircea Djuvara

2018 ◽  
Vol 21 (35) ◽  
pp. 38-51
Author(s):  
Marţian Iovan

Abstract The author analyzes in this paper principles and ides of philosophy of law issued by Mircea Djuvara, which preserve their contemporaneity, being useful for the perfecting of the state institutions and of the democracy not only at national level, but also at European Union one. His ideas and logical demonstration on the rational fundamentals of law, the autonomy of the moral and legal conscience, the specificity of truth and of juridical knowledge, the philosophical substantiation of power and Constitution, the principles of the democracy and the connections between the political power and the law are just few of the original elements due to which Djuvara became an acknowledged and respected personality not only in Romania, but also in the experts clubs of the Europe between the two World Wars.

2021 ◽  
Vol 65 (2) ◽  
pp. 123-134
Author(s):  
Daniela Popescu

"The Escape to Turkey. Ways and Methods of Illegal Border Crossings into Turkey from the perspective of SSI documents (1945-1948). Romania`s first years after the communist regime took political power in Romania, concurrent with the onset of the Cold War, meant a reshuffle of the state institutions at first and later a dramatic impact on people`s lives. The political and institutional purges were the first signal that soon repression and terror will follow, thus prompting numerous Romanian citizens to leave the country. Yet, due to the strict surveillance of the Secret Police Services which did not easily allow traveling to Western countries, the only way to escape was through illicit border crossings. One of the most common destinations was Turkey, with documents issued between 1945 and 1948 by the Secret police services revealing an impressive number of such cases. Keywords: Illegal border crossings, escape, communism, Romania, Turkey. "


Significance This is part of UN-facilitated talks to agree on a national unity government that would end the political power struggle driving Libya's civil war. Should a Government of National Accord be formed in Tripoli, its security would be uncertain as Libya lacks a unified security force that would be loyal to the state alone. This has raised questions in the European Union of whether a foreign stabilisation force may be necessary. Although appetite in European capitals for an intervention appears to be generally low, such a scenario cannot be ruled out altogether. Impacts Despite the UN Envoy's optimism, he must still win over the GNC before a consensus government is formed. A united administration would prefer to avoid a foreign force guarding it, even at the urging of key international actors. In the unlikely event that European troops are involved in such a force, there may be a risk of blowback attacks in Europe.


Author(s):  
Anatolii Petrovich Mykolaiets

It is noted that from the standpoint of sociology, “management — a function of organized systems of various nature — (technical, biological, social), which ensures the preservation of their structure, maintaining a certain state or transfer to another state, in accordance with the objective laws of the existence of this system, which implemented by a program or deliberately set aside”. Management is carried out through the influence of one subsystem-controlling, on the other-controlled, on the processes taking place in it with the help of information signals or administrative actions. It is proved that self-government allows all members of society or a separate association to fully express their will and interests, overcome alienation, effectively combat bureaucracy, and promote public self-realization of the individual. At the same time, wide direct participation in the management of insufficiently competent participants who are not responsible for their decisions, contradicts the social division of labor, reduces the effectiveness of management, complicates the rationalization of production. This can lead to the dominance of short-term interests over promising interests. Therefore, it is always important for society to find the optimal measure of a combination of self-management and professional management. It is determined that social representation acts, on the one hand, as the most important intermediary between the state and the population, the protection of social interests in a politically heterogeneous environment. On the other hand, it ensures the operation of a mechanism for correcting the political system, which makes it possible to correct previously adopted decisions in a legitimate way, without resorting to violence. It is proved that the system of social representation influences the most important political relations, promotes social integration, that is, the inclusion of various social groups and public associations in the political system. It is proposed to use the term “self-government” in relation to several levels of people’s association: the whole community — public self-government or self-government of the people, to individual regions or communities — local, to production management — production self-government. Traditionally, self-government is seen as an alternative to public administration. Ideology and practice of selfgovernment originate from the primitive, communal-tribal democracy. It is established that, in practice, centralization has become a “natural form of government”. In its pure form, centralization does not recognize the autonomy of places and even local life. It is characteristic of authoritarian regimes, but it is also widely used by democratic regimes, where they believe that political freedoms should be fixed only at the national level. It is determined that since the state has achieved certain sizes, it is impossible to abandon the admission of the existence of local authorities. Thus, deconcentration appears as one of the forms of centralization and as a cure for the excesses of the latter. Deconcentration assumes the presence of local bodies, which depend on the government functionally and in the order of subordination of their officials. The dependency of officials means that the leadership of local authorities is appointed by the central government and may be displaced.


1998 ◽  
Vol 57 (3) ◽  
pp. 554-588 ◽  
Author(s):  
Ross Grantham

THE concept of ownership is a complex, powerful and controversial idea. In law it explains, justifies and gives moral force to a host of rights and duties as well as serving to legitimate the allocation of wealth and privilege. The influence of this idea is, furthermore, everywhere embodied in the law. In company law, legal and economic conceptions have both rested on and have been shaped by the normative implications of ownership. Historically, ownership was the principal explanation and justification for the central role of shareholders in corporate affairs. As owners, shareholders were entitled to control the management of the company and to the exclusive benefit of the company's activities. Ownership also served to legitimate the corporate form itself. So long as it was owned by individuals the economic and political power of the company was both benign and a bulwark against the intrusion of the state.


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.


2002 ◽  
Vol 34 (3) ◽  
pp. 525-554 ◽  
Author(s):  
VIRGINIA Q. TILLEY

The transnational indigenous peoples' movement (TIPM) can convey important political leverage to local indigenous movements. Yet this study exposes a more problematic impact: the political authority gained by funding organisations who interpolate TIPM norms into new discourses regarding indigeneity, and deploy that discourse in local ethnic contests. In El Salvador the TIPM has encouraged the state to recognise the indigenous communities and has opened a political wedge for indigenous activism. Yet TIPM-inspired programmes by the European Union and UNESCO to support indigenous activism paradoxically weakened the Salvadorean movement by aggravating outside impressions that Salvadorean indigenous communities are ‘not truly Indian’.


1969 ◽  
Vol 2 (1) ◽  
Author(s):  
Mark Friesen

Historically human societies have never collectively organized, politically or socially, in any singular, standardized and/or universal way. Beginning with the Peace of Westphalia in 1647 the nation-state gradually proliferated as a legitimate manifestation of collective human organization at a global level. This proliferation has culminated in the standardization of a singular means of mobilizing and organizing human societies. The statist age that began in the 16th and 17th centuries consolidated and centralized the political power of the state. Divergent factions and regional power blocks within European states were discouraged, as politics became centralized at the national level. The proliferation of the nation-state represented the standardization of human political organization according to a single model. Given that there are, and have been, a variety of means by which humans identify and organize politically, this suggests that this universal acceptance and entrenchment of one model may be somewhat inappropriate.


2021 ◽  
Vol 120 (824) ◽  
pp. 112-117
Author(s):  
Alexander Clarkson

European integration based on a supranational form of pooled sovereignty has taken on increasingly state-like qualities. With every move toward absorbing additional members, the European Union system has expanded its geographic reach. The state-like power of the EU is apparent in the impact its integration processes have had in societies just outside its borders. Its growing influence is most notable in misfit border territories, from Kaliningrad to Transnistria, and from Cyprus to Northern Ireland, that are tenuously under the political control of neighboring geopolitical powers.


1970 ◽  
Vol 2 (1) ◽  
pp. 7-13
Author(s):  
Andrzej Zoll

The changes brought about in Poland and elsewhere in Europe by the fall of Communism have given rise to hopes for the establishment of a political system differing from the one which had been the fate of these countries. In place of totalitarianism, a new political system is to be created based on the democratic principles of a state under the rule of law. The transformation from totalitarianism to democracy is a process which has not yet been completed in Poland and still requires many efforts to be made before this goal may be achieved. One may also enumerate various pitfalls jeopardising this process even now. The dangers cannot be avoided if their sources and nature are not identified. Attempts to pervert the law and the political system may only be counteracted by legal means if the system based on the abuse of the law has not yet succeeded in establishing itself. Resistance by means of the law only has any real chance of success provided it is directed against attempts to set up a totalitarian system. Once the powers which are hostile to the state bound by the rule of law take over the institutions of the state, such resistance is doomed to failure.


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