scholarly journals How Reflective and Critical Norm-Usage Paves the Way to the Public Power of Judgement

2019 ◽  
Vol 33 (1) ◽  
pp. 175-188
Author(s):  
Karolina M. Cern
Keyword(s):  
Legal Reasoning ◽  
Public Power ◽  
The Public ◽  
Democratic Polity ◽  
Power Needs ◽  
The Way

Abstract The purpose of this paper is to demonstrate that Neil MacCormick’s conception of norm-usage makes it necessary to address the concept of the public power of judgement as the key concept for understanding the democratic legitimization of current law. Therefore, firstly I analyse MacCormick’s conception of norm-usage, secondly I demonstrate that it leads to the idea of the institutionalisation of judgemental–interpretative practice, and thirdly, I show that the latter paves the way to the public power of judgement. Finally, I argue that this power needs to be elaborated in terms of competencies which are broader than legal skills and legal reasoning, and, further, that these competencies condition the use of both legal skills and reasoning. Importantly, MacCormick’s contribution to understanding the public power of judgement—when further developed—may indicate the profound role of comprehending the proper significance of law in a democratic polity and its relationship to the citizenry.

Veronicas and Artists

2017 ◽  
Keyword(s):  
Contemporary Art ◽  
Religious Images ◽  
The Public ◽  
The Past ◽  
History Of Art ◽  
The Status ◽  
History Of ◽  
The Way ◽  
Contemporary Artists

Chapter One deals with several central issues with regard to understanding the role of religious motifs in contemporary art. Besides being a repetition of imagery from the past, religious motifs embedded in contemporary artworks become a means to problematise not only the way different periods in the history of art are delimited, but larger and seemingly more rigid distinctions as those between art and non-art images. Early religious images differ significantly from art images. The two types are regulated according to different sets of rules related to the conditions of their production, display, appreciation and the way images are invested with the status of being true or authentic instances of art or sacred images. Chapter One provides a discussion of the important motif of the image not made by an artist’s hand, or acheiropoietos, and its survival and transformation, including its traces in contemporary image-making practices. All images are the result of human making; they are fictions. The way the conditions of these fictions are negotiated, or the way the role of the maker is brought to visibility, or concealed, is a defining feature of the specific regime of representation. While the cult image concealed its maker in order to maintain its public significance, and the later art image celebrated the artist as a re-inventor of the old image, contemporary artists cite religious images in order to reflect on the very procedures that produce the public significance and status of images.

“Plant Yourselves on its Primal Granite”: Slavery, History and the Antebellum Roots of Originalism

2019 ◽  
Vol 37 (03) ◽  
pp. 743-761
Author(s):  
Aaron R. Hall
Keyword(s):  
Legal Reasoning ◽  
Public Power ◽  
Constitutional Politics ◽  
Antebellum America ◽  
Legal Professionals ◽  
The Public ◽  
Origin Stories ◽  
Memory Culture ◽  
History Of ◽  
Constitutional Identity

This essay considers how the cultural authority of the constitutional Founding became legal authority in antebellum America. Examining a series of cases implicating the constitutional politics of slavery, it illustrates how legal professionals grasped the public power of constitutional origin stories. To produce meanings and legitimate rulings, lawyers and judges wrote and reproduced narratives about slavery at the Founding, converting ascriptions of original constitutional visions in formal constitutional law. This power derived from the ongoing popular construction of the Founding as a venerated and authoritative moment containing unwritten intentions, understandings, and promises binding upon subsequent generations. The essay argues that these developments belong to the deep history of originalism. By approaching originalism as a form of constitutional politics integrating public memory culture and legal reasoning, the essay locates the central public and juridical dynamics of originalism emerging in struggles over the constitutional identity of slavery.

scholarly journals Sir Peter Medawar: science, creativity and the popularization of Karl Popper

2013 ◽  
Vol 67 (4) ◽  
pp. 301-314 ◽  
Author(s):  
Neil Calver
Keyword(s):  
Scientific Inquiry ◽  
Karl Popper ◽  
Literary Practice ◽  
Two Cultures ◽  
The Public ◽  
Self Image ◽  
Public Role ◽  
The Two Cultures ◽  
The Way

Sir Peter Medawar was respected by scientists and literati alike. It was perhaps not surprising, then, that he would choose to involve himself in the ‘two cultures’ debate of 1959 and beyond. The focus of his intervention was the philosophy of Sir Karl Popper. However, Medawar's Popper was not the guru of falsification familiar from philosophy textbooks. Medawar's distinctive interpretation of Popper treated him instead as the source of insights into the role of creativity and imagination in scientific inquiry. This paper traces the context for Medawar's adoption of Popperian philosophy, together with its application before the debate. It then examines, within the context of the debate itself, the way in which Medawar attempted to reconcile scientific inquiry with literary practice. Medawar became increasingly convinced that not only was induction epistemologically unsound, but it was also damaging to the public role of the scientist. His construction of Popperianism would, he envisaged, provide a worthy alternative for scientists’ self-image.

scholarly journals The Role of the Public Power District

1957 ◽  
Vol 45 (5) ◽  
pp. 742
Author(s):  
E. Kendell Davis
Keyword(s):  
Public Power ◽  
The Public

scholarly journals Let Them Eat Cake:  Gender, Nationalism and Tyranny  in Revolutionary France and Russia

2021 ◽  
Author(s):  
◽  
Hugh Eldred-Grigg
Keyword(s):  
Public Sphere ◽  
Modern World ◽  
The Public ◽  
Marie Antoinette ◽  
Women's Lives ◽  
The Public Sphere ◽  
Insight Into ◽  
The Way

<p>The origin of the phrase ‘let them eat cake’ is obscure. Conversely, it is widely understood that the woman whose name is most associated with the phrase, Marie Antoinette, the last pre-revolutionary Queen of France, never said it. But despite its lack of veracity the phrase demonstrates neatly the degree of disdain and anger directed at the Queen to the point where hatred becomes a useful term. This hatred was not unique to Marie Antoinette. While there is no phrase to highlight her role in the public eye, Alexandra Fedorovna, the last Czarina of Russia, was the focus of parallel disdain. Despite the timescale their situations are strikingly similar. The French and Russian revolutions form the backdrop for the close of these two women’s lives. Political historians de-emphasise the role of individual actors in shaping events, but the events of individual lives – or more precisely, the way in which those events are interpreted in the public sphere – can provide an insight into the impersonal events that constitute noteworthy targets of analysis. This study identifies a common dynamic that explains the reason why Marie Antoinette and Alexandra Fedorovna were both the target of such intense hatred during the revolutions that overthrew the systems they were part of and contributed collectively and individually to the shaping of the modern world.</p>

scholarly journals PALMAS EM TRÊS ATOS: projeto urbanístico, implantação e consolidação da capital do Tocantins

2018 ◽  
Vol 4 (2) ◽  
pp. 236
Author(s):  
Giuliano Orsi Marques de Carvalho ◽  
Olívia De Campos Maia Pereira ◽  
Marcos Antonio dos Santos
Keyword(s):  
Real Estate ◽  
Real Estate Market ◽  
Public Power ◽  
The Real Estate ◽  
The Public ◽  
Palabras Clave ◽  
Original Plan ◽  
The Real Estate Market ◽  
The City

O texto aborda a cidade de Palmas, a última capital brasileira construída no século XX, com sua divisão sócio-espacial explícita. Estruturado em três partes, o trabalho procura entender o papel da violência primeiramente no tocante ao projeto urbanístico de 1989, enfocando a contradição entre discurso e prática; em segundo lugar, o processo de produção da cidade planejada pelo poder público e toda uma sorte de ações, muitas vezes truculentas, visando a construção do projeto; e, em terceiro lugar, a relativa autonomia do mercado imobiliário frente às características do plano original. Num prisma teórico analítico da arquitetura e do urbanismo, o texto versa aspectos históricos da criação da cidade e a violência do processo de espacialização.   PALAVRAS-CHAVE: Palmas; violência; projeto urbanístico; cenarização; mercado imobiliário.   ABSTRACT The text is about the city of Palmas, the last Brazilian capital built in the 20th century with its explicit social-spatial division. This work, structured into three parts, intends to comprehend the role of the violence in relation to the city’s urbanistic plannig from 1989, trying to focus the contradiction between speech and practice; the second part focuses on the planned city process of production managed by the public power and all the whole sort of actions, sometimes in a savage way, aiming at the construction of the project; and, finally, the relative autonomy of the real estate market towards to the features of the original plan. In a theoretical and analytical view of the urbanism and architecture, the text deals with historical aspects of the city creation and the violence of the space process.   KEYWORDS: Palmas; violence; urban planning; scenery; real estate market.   RESUMEN El texto es sobre la ciudad de Palmas, la última capital brasileña construida en el siglo XX, con su división socio espacial explícita. Estructurado en tres partes, el trabajo busca entender el papel de la violencia primeramente en relación al proyecto urbanístico de 1989, enfocando la contradicción entre discurso y práctica; la segunda parte, el proceso de producción de la ciudad planeada por el poder público y toda una cantidad de acciones, muchas veces violentas, pretendiendo la construcción del proyecto; y finalmente, la relativa autonomía de los mercados inmobiliarios en dirección a las características del plano original. En un modo teórico analítico de la arquitectura y urbanismo, el texto discurre sobre los aspectos históricos de la creación de la ciudad e la violencia del proceso del espacio.   PALABRAS CLAVE:  Palmas; violencia; proyecto urbanístico; escenario; mercado inmobiliário.

scholarly journals Let Them Eat Cake:  Gender, Nationalism and Tyranny  in Revolutionary France and Russia

2021 ◽  
Author(s):  
◽  
Hugh Eldred-Grigg
Keyword(s):  
Public Sphere ◽  
Modern World ◽  
The Public ◽  
Marie Antoinette ◽  
Women's Lives ◽  
The Public Sphere ◽  
Insight Into ◽  
The Way

<p>The origin of the phrase ‘let them eat cake’ is obscure. Conversely, it is widely understood that the woman whose name is most associated with the phrase, Marie Antoinette, the last pre-revolutionary Queen of France, never said it. But despite its lack of veracity the phrase demonstrates neatly the degree of disdain and anger directed at the Queen to the point where hatred becomes a useful term. This hatred was not unique to Marie Antoinette. While there is no phrase to highlight her role in the public eye, Alexandra Fedorovna, the last Czarina of Russia, was the focus of parallel disdain. Despite the timescale their situations are strikingly similar. The French and Russian revolutions form the backdrop for the close of these two women’s lives. Political historians de-emphasise the role of individual actors in shaping events, but the events of individual lives – or more precisely, the way in which those events are interpreted in the public sphere – can provide an insight into the impersonal events that constitute noteworthy targets of analysis. This study identifies a common dynamic that explains the reason why Marie Antoinette and Alexandra Fedorovna were both the target of such intense hatred during the revolutions that overthrew the systems they were part of and contributed collectively and individually to the shaping of the modern world.</p>

The Judicial Elaboration of Standards for Public Administrations in France

2021 ◽  
pp. 113-131
Author(s):  
Jérémy Mercier
Keyword(s):  
Public Administration ◽  
Public Services ◽  
Institutional Context ◽  
Case Law ◽  
Administrative Law ◽  
Public Authorities ◽  
Public Power ◽  
The Public ◽  
Creative Role

This chapter underlines how administrative law has taken a much greater significance in France since the period 1890–1910. This period is not only symbolic of a full development of administrative law around the notion of public power (puissance publique) or public service (service public) but also of the ramifications given to the very notion of State and public administration. The chapter deals with different theories (Hauriou, Duguit, etc.) related to a redefinition of the State and public services. It discusses four specific aspects: the institutional context, the case law of the Conseil d’État, the innovative orientations concerning the action of the public authorities, and the creative role of this case law.

scholarly journals Democracy, science and the state: Reflections on the disaster(s) of our times

2021 ◽  
pp. 019145372110067
Author(s):  
Seyla Benhabib
Keyword(s):  
Public Sphere ◽  
Modern Science ◽  
Work And Family ◽  
Public Power ◽  
The Public ◽  
The Earth ◽  
Economic Production ◽  
Human Equality ◽  
The Public Sphere

The global Covid-19 pandemic has changed many aspects of our social and political lives, such as the balance between work and family, the shrinking role of the public sphere and the growth of government by executive or emergency powers. Among the most surprising consequences of this situation has been the rise of scepticism and hostility towards science and scientific authorities. This essay examines the interdependence of modern science and the modern state via a brief detour to Hobbes’s philosophy. The economic growth and affluence made possible by the yoking of scientific technology to a modern market economy served to legitimize public power for several centuries. We have reached the end of this cycle and we need a science in the service of reversing the damages inflicted by the Anthropocene on the earth; we need economic production in the service of human equality and dignity, and we need a state in which the alliance between big pharma, big capital and big data is harnessed for a new green deal rather than serving corporate greed.

scholarly journals Desenvolvimento regional e a distribuição dos serviços públicos de saúde em Goiás por municípios sede / Regional development and the distribution of public health services in Goiás by municipality headquarters

2018 ◽  
Vol 8 (1) ◽  
pp. 142-163
Author(s):  
Claudia Regina Rosal Carvalho ◽  
Flávia Rezende Campos ◽  
Mirian Castro Portilho Dias Amorim ◽  
Fernanda Machado Ferreira
Keyword(s):  
Public Health ◽  
Health Services ◽  
Regional Development ◽  
Public Health Services ◽  
Cultural Economic ◽  
Public Power ◽  
The Public ◽  
Data Survey ◽  
Health And Development

A saúde no contexto brasileiro é vista como um direito de todos os cidadãos e um dever do poder público. Em meio às diversidades culturais, econômicas e sociais que permeiam um país de dimensões continentais como o Brasil, as desigualdades inter e intrarregionais fazem-se visíveis de diversas formas. Desse modo, o objetivo desse estudo foi verificar de que forma as desigualdades existentes entre os municípios goianos são projetadas na estrutura pública de saúde. Para isso, realizou-se um levantamento de dados nos sítios eletrônicos do Conecta SUS e do Instituto Mauro Borges, de dezoito municípios goianos, que são sedes das regionais de saúde do estado de Goiás. Foram coletados dados referentes ao ano de 2010 e 2016. A seguir, analisaram-se indicadores públicos com o intuito de abranger aspectos de demografia, economia, desenvolvimento social e serviços de saúde. Os aspectos mapeados incluíram: quantitativo populacional, taxa de alfabetização, renda média da população, IDH, índice de Gini, quantitativo de estabelecimentos, médicos e leitos do sistema público de saúde desses municípios. O trabalho procurou contribuir para a discussão acerca do papel da saúde pública no contexto do desenvolvimento regional, reafirmando a relação entre saúde e desenvolvimento.AbstractHealth in Brazil is seen as a right of all citizens and a duty of the public power. Amid the cultural, economic and social diversities that permeate a country with continental dimensions such as Brazil, inter and intra-regional inequalities become visible in a variety of ways. Thus, the objective of this study was to verify how inequalities between the counties of Goiás are projected in the public health structure. For that, a data survey was carried out on the websites of Conecta SUS and the Mauro Borges Institute, from eighteen counties in Goiás, which are headquartered in the health centers of the state of Goiás. Data were collected for the year 2010 and 2016. Next, public indicators were analyzed in order to cover aspects of demography, economy, social development and health services. The mapped aspects included: population quantification, literacy rate, average income of the population, HDI, Gini index, quantitative of establishments, doctors and beds of the public health system of these conties. The paper sought to contribute to the discussion about the role of public health in the context of regional development, reaffirming the relationship between health and development.

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