Societal context. According to the institution building model, applied by Xxxx to judicial institutions, the ability of an institution to perform certain tasks depends upon a number of factors namely a) institutional factors (such as internal structure, resources and leadership), b) linkages with the target group (access of disputants to court), and c) the wider social, economic and political context or ‘environment’.76 In a separate study, Xxxx elaborated on the nature of contextual “countervailing forces”, which may undermine legal certainty, as encompassing cultural mores, political power structures, economic interests and the capacity of state institutions.77 Ideally, cultural mores or values should support both compliance with state laws and an awareness of legal rights and a willingness to enforce them. From a political perspective the rule of law should not only be embraced ideologically but be reflected in the structural separation of legislative, executive and judicial functions in government. The economic interests of key groups in society should also support legal certainty and a functioning legal system. Finally, key institutions within the legal system should have sufficient resources and linkages to their target group and wider environment so as to function effectively.78 Xxxxxxxxxx has also argued that our understanding of the rule of law and legal institutions needs to be grounded in the specific political-economic context within which it is located.79 In East Asia, Xxxxxxxxxx argues, law and legal institutions have been utilised to consolidate state 75 Xxxx, "Toward an Analytical Framework: Real Legal Certainty and Its Explanatory Factors," p25. 76 Xxxx, "Conflicts between Citizens and State in Indonesia: The Development of Administrative Jurisdiction," p10. 77 Xxxx, "Toward an Analytical Framework: Real Legal Certainty and Its Explanatory Factors," p29. 78 Ibid., p29-33. 79 see Xxxxxxxx Xxxxxxxxxx, "Corporatism and Judicial Independence within Statist Legal Institutions in East Asia," in Law, Capitalism and Power in Asia: The Rule of Law and Legal Institutions, ed. Xxxxxxxx Xxxxxxxxxx (Routledge, 1999). power rather than limit it, in contrast to the historical development of law and judicial power in western liberal democracies, where it became a check or balance to legislative and executive power.80 In this sense, East Asian countries have experienced “rule by law”, rather than “rule of law”. Xxxxxxxxxx describes the relationship between judicial and exec...
Societal context. We learn the exercise of virtues (especially the general ones of justice, courage, and truthfulness) in political community, in society. If a com- munity understands itself simply in terms of an arena (for gladiators) or a market, and not as a practice with a common good, individuals will not be prepared properly for each specific practice (XxxXxxxxx, 1985: 195). Xxxxx Xxxxxx 45 XxxXxxxxx presents a very bleak picture of our contemporary situation. In the end of After Virtue he compares our day and time to the dark ages in which monasteries tried to keep up faith, behind their walls in a hostile world (XxxXxxxxx, 1985: 263). Copyright material from xxx.xxxxxxxxxxxxxxx.xxx - licensed to University Library Nijmegen - PalgraveConnect - 2013-06-12 That, however, might be a vision much too pessimistic for our time. Yet, even if we do not accept this vision, it brings to mind that societal con- ditions can contribute to but also can undermine the development and maintenance of virtues and values in public administration. There can be, one might say, too little or too much public awareness in society – each of which makes maintaining virtues harder. First of all: too much publicness. A high public involvement is, also accord- ing to advocates of the Public Virtue Approach, to be valued. And the initia- tives of, for instance, non-governmental organizations to actively engage into deliberation are welcomed (Jun, 2006: 215). Yet, in society the expecta- tions of what public administration can do might be too high. Expecting public administration to solve all problems simultaneously, expecting all public appeals and demands – in their diversity – to be answered might put too much pressure on civil servants (Xxxxxx, 1998: 191). Secondly: too little publicness. XxxXxxxxx might be wrong in his bleak view of contemporary society. The point remains, however, that a virtuous public administration is not easy to maintain in a societal setting in which ideas of publicness, of a societal common good, a political community as a practice are not widely supported. In a societal setting in which rent seek- ing (of the legal, or the illegal kind) is all-dominating, virtuously guarding practices is all the more difficult. Yet, courage might be found in the virtue ethical idea that virtuousness can be fostered by setting a good example.
Societal context. The Church of Sweden Employers´ Association mentioned the new handbook regarding Habitat Protection Areas would include land with local plans (detaljplan) (Svenska kyrkans arbetsgivarorganisation 2010) and the Swedish National Heritage Board believed it would affect both land with local plans and land set aside for buildings (tomtmark) (Riksantikvarieämbetet 2010). If the handbook for Habitat Protection Areas comes into legal force and the interpretations are correct, more citizens and organizations in Sweden are believed to be affected. The risk is that they will not be aware of the protection and unintentionally break the law. Before carrying out any measurements a landowner has to apply for every exemption and in connection with that pay a fee. The processing of exemptions will most probably increase the administrative work for the authorities involved. But if exemptions always are approved the result is that landowners waste their money and it also implies unnecessary extra work for the administrators (Riksantikvarieämbetet 2010). If the new handbook becomes valid, many trees on cemeteries will be protected and no actions or activities can take place within Habitat Protection Areas. Digging and soil preparation are examples of activities that cannot be carried out too close to a tree (Naturvårdsverket 2010). Depending on how the handbook is interpreted the consequence could be that it is more or less impossible to dig xxxxxx on small cemeteries.
