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The Legitimacy of the Legal Order in the Model of the Contemporary State of Law
Get PDFThe objective of this work is to analyze the fundamentals the foundations of the legitimacy of the legal order in the mold of the contemporary State of Law. This analysis is subsidized, a priori, from the weberian historicist notion, which comprises the appreciation of the main types of domination that have been exercised throughout human history, such as charismatic domination, traditional domination, and, finally, the object on which will rest the theories that outlined the present study, the legal / rational domination. Once the diagnosis of domination elucidated by Weber is presented, the theories of Hans Kelsen (Pure Theory of Law) and Jürgen Habermas (Theory of Communicative Action) are analyzed, with the intention of delineating the understanding of the fact that generates the legitimacy of Law. With the Kelsenian scientific positivism demonstrated by the Pure Theory of Law, we analyze the legitimacy that, for the author, is translated into the elaboration of a legal system backed by the static and dynamic principle, being the right legitimized by being under the sieve of a fundamental norm (Grundnorm). Subsequently, the analytical study is subsidized in the Habermas Theory of Communicative Action, by which it moves away from the scientific technicism, approaching the moral and the communication as a way of arriving at the consensus, in which, according to the author, the legitimacy of the legal system. As for the methodological approach, priority was given to qualitative research and, as a procedural technique, bibliographical research. The analysis of secondary data was carried out in a descriptive way. Finally, it can be concluded that the scientific-theoretical theoretical framework of Kelsen \u27s pure theory can generate legitimacy for dictatorial and undemocratic governmental regimes, simply because the order is statically based under a fundamental norm (as in the case of the german national-socialist regime, that, after defeat in World War II, used Kelsen\u27s theory as a defense during the Nuremberg Trial. Habermas takes a different approach, he understands that the legitimation of the norm does not come by pure and simple adaptation to another hierarchically superior norm, but it is through the practice of communicative action, where the interlocutors arrive democratically to a consensus, being thus, coauthors of the standard to which they are submitting. Habermas conceives the complexity of society and understands that law would be the tool for maintaining social order. However, law is established through competent bodies to do so, in this point, the need for politics is brought, which must be based on fundamental principles capable of perpetuating the possibility of discourse and communicative action, so that Thus establishing legitimacy. In this way, Habermas sees the importance of the structural conception of the law that Kelsen exposes in the static principle, making that conception become primordial even for the maintenance of the legitimacy based on communicative action
Social Disparity in Drinking Water Facility: An Empirical Analysis
Get PDFThe article makes an attempt to measure the extent of disparity in access to drinking water facility between slum and non-slum households based on both primary and secondary data. There are two levels of analysis; macro and micro level. In the first level, the disparity index reveals that the slum households have to face much hardships in access to adequate drinking water facilities as compared to non-slum households while in the second level, it examines the association between type of households and access to drinking water facility. The regression analysis shows that type of household is one of the most important determinants of access to basic amenities, even among slum households, non-notified slum dwellers have lower probability to access these facilities due to lack of legal recognition. The article suggests that the government should give legal status to non-notified slums to provide water supply infrastructure in non-notified slums
Status of Water Supply and Sanitation in Hadejia Local Government, Jigawa State, Nigeria
Get PDFThis research dwells on status of water supply and sanitation in the study area. It employs both primary and secondary data. Primary data were collected using questionnaire as tools for data collection where multistage sampling was adopted. The study area was stratified and questionnaire administered systematically to solicit information from respondents. The research established strong relationship between economic status, level of education, water supply and environmental sanitation. The water supply is frequent and majority about 79% source it form tap water system and have toilet in their houses. The distance to the water sources is very short, majority trek less than 500 metres (78%). The overall status of water supply and sanitation in Hadejia is good
Depressed and Marginalized Voices in Arundhati Roy and Mulak Raj Anand\u27s Works- a Critical Review
Get PDFDalits are treated as the worst as they are not. They have to misinterpret in the world of a so called sophisticated society of India by the upper caste ones. They have been called a slice of sordid reality which symbolizes the sufferings stigma in which the Dalits are doomed to live as the result of the present ideological assumptions about caste which has been very so deeply ingrained in the Indian mind that one has wrestled with oneself to feel free from the change of this thousand years old rotten system. Through this paper I want to lay down some of my points that have been expressed in Mulk Raj Anand’s novels Untouchable, Coolie and Arundhati Roy’s The God of Small Things where both of the authors have presented Dalit’s sufferings, struggle and exploitation. The God of Small Things presents an ill-condition of a poor male who is tormented by the ill system of the upper caste people for his crime of love affair with an upper caste girl. In Untouchable, Bakha, a young sweeper from the outcastes’ colony of a north Indian cantonment town bears daily torments like a missionary tries to persuade him to embrace Christianity, he listens to Gandhiji, who advocates social reform and so on. There is a quest in life of Bakha where thinking of everything he had heard, though he could not understand it all. In fact Untouchable is a contrast between rural and urban India and race-relations. Coolie is a pathetic odyssey of Munoo who suffers a lot during his life in the hands of the upper caste and even by his relatives. Life seems to him a very struggled and hard to live in this wretched and bad condition of the so called highly generated world of peoples who consider themselves as the people of the supreme power or the world of oppressor. Munoo is an orphaned village boy who sets out in quest of a livelihood but he is treated as an animal in all spheres of the society. He has to work as a domestic servant, factory worker, a rickshaw-puller which earns him consumption and untimely death because of sufferings and exploitation by the upper caste peoples. Here in today’s so called modern India, the status of the Dalits is not as good as we dream living in the age of technology and information
Education beyond a Human Capital Perspective
Get PDFAccording to the theory of human capital, one of the aspects that affects the growth of a country is the citizen’s capacity to work. This essay seeks to demonstrate a criticism of this theory and highlight education in the development of the human being and society Thus, through theoretical analysis, development is conceptualized from a holistic view and is related to topics of quality and equity. Finally, the importance of investment in education is sustained and it is concluded that an integral education is required to face the challenges of globalization
Approaching and Distancing: Diplomatic and Geopolitical Strategies in Russia and Turkiye Relations
Get PDFThe article intends to contribute to discussions on the foreign policies of Moscow and Ankara focused on their immediate surroundings. Through an analysis of agreements and pacts, it understand how the infrastructure works, ethnic-cultural issues and military aspects are amalgamated in an extremely dynamic scenario since the end of the 20th century. It is in the field of economics that the mainstays of structural problems are found, which has origin in historical rivalries for hegemony in the territory, which is seen here as an expression of power. These disputes are, therefore, very specific forms managed by the diplomacies of countries sensitively guided by the logic of national identities. The result is questions arising whether in the field of international relations there are limits to so many distances and approximations, rivalries and pragmatisms between Turkey and Russia
Intersectionality between Politics, Religion, and Gender During the Colombian Peace Plebiscite
No full textEvangelical activism has used moral repertoires to legitimize or delegitimize nationwide political processes, capitalizing on conservatism anchored in all social strata. The gender approach, the recognition of diverse sexualities and the democratization of rights to marginalized groups have become major annoyances for leaders of the largest Pentecostal and Neo-Pentecostal churches, who see in these issues a great risk for the maintenance of the traditional family, but at the same time, one of the resources to be used in electoral environments, with greater or lesser adherence, according to the interests of the moment. The Colombian plebiscite for peace became one of the scenarios that made the intersectionality between politics, religion, and gender widely visible as one of the cases, among many, in Latin America
Re-Considering the Origins of the Climate Emergency: War, Finance, and the State
Get PDFOne of the most important and recurring debates in the field of International Political Economy and international affairs are the links between capitalism, fossil fuel energy and climate change (Ajl 2021; Albert 2020; Brand and Wissen 2018; Daggett 2019; Di Muzio 2015; Di Muzio and Dow 2022; Gill and Benetar 2020; Goods 2021; Kuzemko et al 2019; Malm 2016; Newell 2021; Newell and Lane 2017; Paterson 2021; Pirani 2018; Siebert 2020;). 1 In these debates, the origins of our current climate emergency is rooted in how Britain became the first country to become reliant on mass production and consumption coal (fossil fuels) for economic growth, industrialization, as well as social reproduction (Di Muzio 2015; Malm 2016; Moore 2015; ADD OTHER FELLA). Britain becoming a coal-fire capitalist-imperial global empire deeply influenced and structured the current world order and global political economy which is still locked-into a vicious cycle of path dependency whereby balance of power, production and social reproduction is dependent on energy, predominately fossil fuels (Di Muzio and Dow 2022). This article offers a critical politicaleconomy engagement not on the origins of climate emergency but on the explanation as to why Britain turned to fossil fuels in the first place. The scope of scholarship is plentiful but can generally be framed into two dominant perspectives. The first comes from what can be called the Malthusian or Neoclassical Economics explanation whereby Britain was forced to transition to coal from previous sources of energy (wind, peat, timber, etc.) because of resource scarcities, predominately timber, and thereby raising commodity and labour prices (CITE)
