Recognition

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Recognition

The confirmation or Acknowledgment of the existence of an act performed, of an event that transpired, or of a person who is authorized by another to act in a particular manner.

In tax law, a capital gain is recognized when a taxpayer has actually received payment. Such gain must then be reported on Income Tax forms, and capital gains tax must be paid on it.

In International Law, the term recognition refers to the formal acknowledgment by one state that another state exists as a separate and independent government. Recognition is not a mere technicality. A state has no status among nations until it is recognized by other states, in spite of the fact that it might possess all other attributes of a state, including a definable territory and population, a recognizable government, and a certain amount of continuity or stability.

The decision to recognize a new national government is a political act that is in the discretion of the officials who are responsible for foreign policy. In the United States, the president makes the decision to recognize a country and can do so by making a formal announcement or by having another official, such as the Secretary of State, make the announcement for him. Recognition can also be informal, such as by opening negotiations with a new state or exchanging diplomats with it.

A nation is not truly sovereign and independent unless other nations recognize its sovereignty. Formal recognition operates to assure a new state that it will be permitted to hold its place and rank as an independent political body among the nations.

Recognition takes effect from the time it is given as if the state had always existed, and a new government can carry forward international projects initiated by the old government it replaces.Many difficulties come into play when a government is not recognized. For example, an unrecognized government is not entitled to participate in diplomatic negotiations or to have its laws applied in lawsuits or in jurisdictions.

The term recognition is also used in relation to armed conflicts. If a state of belligerency is recognized, then the law of war applies with all of its protections for prisoners of war and noncombatants. Recognition of a state of belligerency ordinarily comes from an uninvolved state that declares itself neutral. A neutral country is able to recognize a state of belligerency and carry on trade and diplomatic relations with both sides of the conflict.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

RECOGNITION, contracts. An acknowledgment that something which has been done by one man in the name of another, was done by authority of the latter.
     2. A recognition by the principal of the agency of another in the particular instance, or in similar instances, is evidence of the authority of the agent, so that the recognition may be either express or implied. As an instance of an implied recognition may be mentioned the case of one who subscribes policies in the name of another and, upon a loss happening, the latter pays the amount. 1 Camp. R. 43, n. a; 1 Esp. Cas. 61; 4 Camp. R. 88.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
An analysis of these recognitive moments yielded four features of unalienated recognition and democratic exchange, which I discuss below.
But while such a struggle functions as a figure of recognitive intersubjectivity in Hegel, it is one that can be understood only in relation to an array of other, quite different, figures.
Three models, however, dominate discussion: distributive, retributive and recognitive models of justice.
There is the recall of the past which is at the root of the recognitive process that gives the poem its sharpness of definition, as Clare links the nests that he now leaves undisturbed with those he plundered in childhood.
The architecture of a biosensor consists of a molecular recognitive site, in our case strands (single or double) of nucleic acid, attached to the surface of a transducer.
The approach adopted in the URLearning project is described by Woods (2012), and is premised on achieving high quality and high equity student outcomes, striking 'a balance between recognitive and redistributive justice' (p.
From Fraser's (2009) recognitive justice perspective, current policies and programs for adult immigrants are seriously compromised.
Like Hegel, Winfield describes self-consciousness as arising through the desire to be desired, which he calls "recognitive desire." Indeed, his account of the development from consciousness to serf-consciousness tracks Hegel's so closely that it might well serve as an exegetic gloss for students puzzled by Hegel's texts.
Rather than focusing on either the spontaneous self-inauguration or the retrospective positing of a people and thereby risking a mystifying analysis that either ignores the recognitive conditions of effective autonomy or confines itself to the standpoint of the British Crown as projected by the Declaration and wildly overestimates and fundamentally misconstrues the efficacy of recognition, let us rather follow through, that is, take to the limit, a perhaps uncomfortably conventional thesis.
Just as Fichte had conceived of rights as only existing in their recognition by others, Hegel extended the recognitive approach to the self in all its determinations.