Dühring, Eugen Karl (1833–1921)

Author(s):  
Robin Small

Versatile and prolific, Eugen Dühring constructed a metaphysical system uniting naturalism with a priori principles, such as a ‘law of definite number’ which asserts that everything countable must be finite; hence, the natural world must be limited, and past time must have a beginning. Value judgments are based on natural drives and feelings: in particular, the concept of injustice arises from the resentment produced by injury. Since criminal law is ‘a public administration of revenge’, the deterrent function of punishment is irrelevant to its rightness. In politics, Dühring combined his socialism with a fervent racism, chauvinism and anti-Semitism.

1940 ◽  
Vol 34 (6) ◽  
pp. 1124-1137 ◽  
Author(s):  
Edwin O. Stene

Writers on public administration place much emphasis upon the possibilities and importance of discovering and applying scientific principles in their field of study. But very few of them have ventured to state the basic premises upon which they seek to build that science. Many of those whose writings imply that major principles have been discovered announce, not premises, but conclusions, which, regardless of their practical merits, can hardly be called anything but opinions. On the other hand, several scholars seek to escape from errors of commission by avoiding the use of such scientific terms as “principles” or “efficiency.” If they go beyond descriptive analyses to advocate particular plans of organization or methods of procedure, they use terms which denote value judgments, thereby admitting by implication that they are expressing mere opinions. In a few published discourses, basic premises are stated and reasoning is developed therefrom. However, most of those premises—or “principles”—are referred to by name only, such as “the principle of leadership”; they are not stated in terms of precise causal relations which can be verified or which can serve adequately as bases for further reasoning.It may be regarded as unwise to venture a statement of what one considers the basic premises upon which a science of administration may be built. But every body of theory is built upon fundamental assumptions, either expressed or implied. Moreover, a body of theory is complete, and has scientific value, only when the premises are sufficiently clear to permit objective scrutiny and verification. Erroneous hypotheses, stated precisely, may be more scientific than vague or unexpressed assumptions; for only the former will lend themselves to verification. In other words, trial and error is an essential part of scientific method.


Author(s):  
Aleksej Valentinovich Dovgan’

The features and the role of deterministic social sense in the context of the archetypical approach are considered in the article; the specifics of the existence of the above-mentioned phenomenon in relation to public administration are presented. The nature, principles of the functioning of archetypes as a direct, pragmatic decision-making factor of the personality are represented. It is argued that archetypes are significantly different from those historically established or transformed by human characters, whose senses are not mentally inherited, but transmitted from generation to generation. The emphasis is placed on the relevance of the archetypal approach for research in the management sector in general and deterministic social sense — in particular. The author emphasizes that the archetype is a direct pragmatic factor in personal decision-making, acting as a created internal complication that ensures the course of certain socially deter mined processes in the human brain. Attention is focused on the continuity of the concepts of “sense” and “culture”: from the moment of alienation of a person from the surrounding natural world, all thoughts, created things, found and used means and methods of actions are given meanings. Thus, the decision, that is, the choice, appears to be the natural basis for an individual’s being in ontological reality, acting as a necessary precondition for structuring his administrative, legal and so on needs in modern society. Further investigation of the archetypal approach to the study of the phenomenon of deterministic social sense is seen in the study of the features of citizens’ reflection on the images and symbols created by the government in order to achieve some behavioral manifestations in the latter, allowing more deeply and clearly understand the needs of the people, and also to update the relevant role of public administration in his life. At the same time, from the standpoint of social, psychological, culturological pragmatics etc., the archetype is the primary form of sense stratified according to the types described by Jung. This differentiation of this phenomenon is natural, due to its universalism, which allows us to speak about the degree of social adaptability of the latter.


Philosophy ◽  
2016 ◽  
Author(s):  
Michela Massimi

Immanuel Kant’s complex and nuanced view on the laws of nature has been at the center of renewed attention among Kant scholars since the late 20th century. Kant’s view is one of the best examples in the Early Modern period of the philosophical view of nature as “ordered” and “lawful” that emerged with the scientific advancements of the 17th and 18th centuries. Building on the extraordinary success of Isaac Newton’s mechanics and optics, but also on the burgeoning chemistry of Stephen Hales in England and Herman Boerhaave and Pieter van Musschenbroek in the Netherlands, among many others, Kant’s lifelong engagement with the natural sciences (broadly construed) influenced and fed into his mature Critical-period philosophy. Explaining why laws of nature seemingly govern the natural world (as much as the moral law regulates the realm of human freedom and choice) is key to Kant’s transcendental philosophy. Kant seems to embrace a coherent account of what it is to be a law, in moral philosophy and in theoretical philosophy. When it comes to theoretical philosophy (and in particular, to Kant’s philosophy of nature, which is our topic), the main question is how it is possible for us to come to know nature as ordered and lawful. Where does the lawfulness of nature come from? In the Critique of Pure Reason and in the Prolegomena, Kant held the view that our faculty of understanding is the primary source of nature’s lawfulness because the a priori categories of the understanding “prescribe laws to nature”—that is, they play the role of constitutive a priori principles for our experience of nature. Yet, already in the first Critique, and even more so in Critique of the Power of Judgment, Kant stressed the importance of the faculty of reason, first, and the faculty of reflective judgment, second—with their regulative principles—in offering a system of laws necessary for our knowledge of nature. The crucial distinction between constitutive principles of the understanding versus regulative principles of reason and reflective judgment leads, in turn, to a series of further distinctions in Kant’s philosophy. For example, it leads to the different status of laws in the physical sciences and in the life sciences, which in turn became the battleground for the debate concerning mechanical explanations versus teleological explanations.


2009 ◽  
Vol 62 (2) ◽  
pp. 283-301 ◽  
Author(s):  
Alec Banks ◽  
Jonathan Vincent

This paper builds on prior research into the application of particle swarm optimisation to autonomous vehicle control in search roles. It examines the use of naturally inspired search strategies to enhance the performance of groups of sensor-based vehicles in applications where there is no knowledge a priori regarding target presence, location, distribution or behaviour (movement). This paper first briefly reviews existing ethological research into search strategies in the natural world, identifying three types of random walk, two multi-phase strategies and two species-specific strategies for further investigation. Experiments are then performed within a simulation environment to compare the performance of naturally inspired strategies with deterministic patterns and random movement, when searching for both static and dynamic targets. Results indicate that performance improvements can be realised, provided that critical relationships within the application domain broadly match those existing in the underlying natural metaphor.


2008 ◽  
Vol 33 (03) ◽  
pp. 579-629 ◽  
Author(s):  
Prabha Kotiswaran

The global sex panic around sex work and trafficking has fostered prostitution law reform worldwide. While the normative status of sex work remains deeply contested, abolitionists and sex work advocates alike display an unwavering faith in the power of criminal law; for abolitionists, strictly enforced criminal laws can eliminate sex markets, whereas for sex work advocates, decriminalization can empower sex workers. I problematize both narratives by delineating the political economy and legal ethnography of Sonagachi, one of India's largest red-light areas. I show how within Sonagachi there exist highly internally differentiated groups of stakeholders, including sex workers, who, variously endowed by a plural rule network—consisting of formal legal rules, informal social norms, and market structures—routinely enter into bargains in the shadow of the criminal law whose outcomes cannot be determined a priori. I highlight the complex relationship between criminal law and sex markets by analyzing the distributional effects of criminalizing customers on Sonagachi's sex industry.


2007 ◽  
Vol 2 (1) ◽  
pp. 18-32
Author(s):  
Carlos de Alfonso ◽  
Miguel Caballer ◽  
José V. Carrión ◽  
Vicente Hernández

This paper proposes the Grid technology as an integration method of information, existing procedures and resources in the Public Administration. The exposed work supposes, from the point of view of the electronic government, an advance of future trends by means of the usage of Grid technology. On the other hand, from the perspective of Grid technology, the electronic government opens a non-evident field of application for this emergent paradigm of distributed computing. This paper explains gCitizen, which is a Grid middleware based on the GT4 components and WSRF implementation (which are the state-of-the-art in middleware for Grid computing), incorporating new protocols and services which cover the requirements for the integration purposes in the eGovernment frameworks. The system architecture has been designed to enable using the services deployed without a specific a priori knowledge of them. The gCitizen middleware also defines a data model to provide interoperability in the exchange of the information among the different gCitizen services.


2019 ◽  
Vol 16 (2(43)) ◽  
pp. 6-12
Author(s):  
Roman Veresha

The purpose of this research is to define the concept of corruption-related offence, as well as to articulate universal measures for preventing corruption at the international and national levels. This article identifies some effective measures aimed at preventing corruption. These imply changing the way a person should think, his/her state of mind; shaping political, economic, legal and social culture of citizens; implementing social policy against corruption that imply the participation of civic institutions and population. These are also measures aimed at taking control over corruption; applying the principle of regulatory openness and transparency; taking control over activities performed by officials and workers in the economic and financial sectors of public administration. These measures are universal for fighting corruption-related offences at the international level. This will allow enforcing the criminal law regulations concerning corruption more effectively, and will open new prospects for designing mechanisms of identifying corruption determinants in the most corrupted spheres.


2021 ◽  
Vol 75 (2) ◽  
pp. 96-104
Author(s):  
Bohdana Semenyshyna-Figol ◽  

The article is devoted to a comprehensive study of land relations as an object of criminal law protection and prevention of criminal offenses in the field of land relations. The author formulated the concept of «land relations», and the study of current legislation, scientific sources provided an opportunity to reveal the essence and content of land relations, to explore the current state of public administration. Land legal relations are public relations that exist in connection with the exercise of the rights and legitimate interests of landowners and land users, their responsibilities; activities of jurisdictional bodies and other entities regarding the possession, use and disposal of land, its rational use, reproduction and protection. Analysis of current regulations, scientific sources made it possible to reveal the essence and content of land relations, to explore the current state of public administration. Land relations are a circle of homogeneous social relations: the subjects of which may be individuals, legal entities, public authorities and local governments, foreign states, international organizations, public associations and organizations – bearers of subjective legal rights and responsibilities; the common object of which is land, and the direct objects may be land, land as a natural resource, including soils, information about land; their content is the relationship of land ownership and land use, their rational use, reproduction and protection, the activities of public administration, in accordance with the specifics of land categories, features of common and direct objects. Based on modern legal understanding, the principles of criminal law protection of one of the fundamental elements of the environment – land resources as an object of the environment, legal relations of land ownership and agricultural activities. The concept of criminal-legal protection of land resources of Ukraine is developed, which is based on the results of a comprehensive study of the stated issues, taking into account modern views and recent achievements of legal doctrine, which includes the legislator, and man as an integral part of the unified system of the latter, and law enforcement – on the use of regulations not only of criminal law, but also a set of departmental legal acts in the process of criminal law protection of land resources of Ukraine.


2021 ◽  
Vol 58 (1) ◽  
pp. 1057-1068
Author(s):  
Kh. R. Ochilov

It should be noted that some types of plundering can damage not only property, but also other social relations protected by criminal law, that is, such crimes affect several social relations at once. In criminal law, crimes of this type are called crimes of a complex nature if the damage is caused to more than one object as a result of the commission of a socially dangerous act. The crime of looting other people's property by means of computers is also a crime of a complex nature, ie not only property relations, but also social relations in the field of information technology, and in some cases social relations in the field of public administration. will also be damaged. As a rule, in complex crimes, the object is qualified depending on the main direct object, if the objects affected are two or more social relations protected by criminal law. In robberies of other people's property using computer tools in most cases, the object of the crime is not in the direct possession of the victim, ie non-cash money is usually kept in a special institution (bank) or device (plastic card) where the money is stored and authorized to carry out certain operations. Generally, the property of another is defined as property that is not in the possession or legal possession of the offender. However, such an interpretation does not apply to the crime of misappropriation or robbery of another's property by means of computers, as the subject of the crime uses special powers in relation to the subject of the robbery, ie abuses the trust of the owner and the perpetrator robs him. The fact that special powers in relation to property are the main special feature of the crime of embezzlement or plundering is determined by the disposition of the property in the disposition of the criminal law. However, non-cash money in a specific account entrusted or pledged to the defendant or at the disposal of the defendant shall not constitute the subject of misappropriation or misappropriation by computer means. In this case, the actions of the offender are qualified by the relevant articles of the Special Part of the Criminal Code, which provide for liability for crimes against justice, and are not qualified as a set of crimes under the articles of liability for robbery.


2019 ◽  
Vol 13 (1) ◽  
pp. 43-49
Author(s):  
P. V. Golodov ◽  

The article deals with some issues of evaluating the effectiveness of the penal inspections activities. The concept and essence of the effectiveness of the penal activity is researched in the context of the provisions of the theory of public administration. There is made analysis of the existing methodology of comparative rating of the activities of branches and other departments of the penal inspections from the point of view of achieving the goals of criminal punishment and penal legislation, the implementation of the powers of the penal inspections. The stimulating potential of this technique has been researched, its shortcomings have been established, and the author’s suggestions for its improvement are given. The current rating system for the activities of the penal inspections and their branches allows to strengthen control over the execution of criminal penalties and other measures of a criminal law nature without isolating convicts from society. But its stimulating role in the implementation of the tasks of convict’s correction, stimulation of their law-abiding behavior, prophylaxis and prevention of repeat crimes is not enough traced. The system of evaluating indicators stimulates the activities of the penal inspection to a greater extent in terms of identifying violations committed by convicts and the adoption of appropriate response measures. It is proposed to improve the methodology of comparative rating by establishing the proportionality of the criteria and indicators applied in it, their necessary detailing and consolidation through the calculation of integrated performance indicators.


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