Hobbies and Hale on law, legislation and the Soverign

1972 ◽  
Vol 31 (1) ◽  
pp. 121-156 ◽  
Author(s):  
D. E. C. Yale

Many years after launching Leviathan and towards the end of his life Thomas Hobbes composed A Dialogue between a Philosopher and a Student of the Common Laws of England in which he set out his final thoughts on fundamental matters of law, legislation and sovereignty. This work was published for the first time in 1681, two years after the author's death, and though it represents Hobbes's final thoughts on these questions it has received but slight study compared with his other works. Leviathan and other earlier works must, no doubt, take first place in interest for the political scientist. The Dialogue, on the other hand, is a work of a jurisprudential slant and is as deserving of the attention of lawyers as it has been largely neglected by them. To this neglect there is one important exception. Sir Matthew Hale rejoined in argument to Hobbes's thesis. His argument remained unpublished till modern times, and even the enormous modern literature on Hobbes's writings has generally preserved a silence upon Hale's Reflections. One modern author indeed remarks briefly that “Hale's short treatise is the most brilliant contemporary reply to Hobbes's theory of positive law,” but the remark is not developed. The prevalent opinion may be represented by Holdsworth's view, and this supposes that Hale failed to grasp Hobbes's idea of sovereignty and that Hale's criticism therefore missed its mark. It seems timely to re-examine the received opinion (if Holdsworth's may be so called) for more than one reason.

2017 ◽  
Vol 11 (1) ◽  
pp. 35-63
Author(s):  
Ruth Roded

Beginning in the early 1970s, Jewish and Muslim feminists, tackled “oral law”—Mishna and Talmud, in Judaism, and the parallel Hadith and Fiqh in Islam, and several analogous methodologies were devised. A parallel case study of maintenance and rebellion of wives —mezonoteha, moredet al ba?ala; nafaqa al-mar?a and nush?z—in classical Jewish and Islamic oral law demonstrates similarities in content and discourse. Differences between the two, however, were found in the application of oral law to daily life, as reflected in “responsa”—piskei halacha and fatwas. In modern times, as the state became more involved in regulating maintenance and disobedience, and Jewish law was backed for the first time in history by a state, state policy and implementation were influenced by the political system and socioeconomic circumstances of the country. Despite their similar origin in oral law, maintenance and rebellion have divergent relevance to modern Jews and Muslims.


1970 ◽  
Vol 3 (03) ◽  
pp. 311-320
Author(s):  
John E. Mueller

I always vote for the man, not the party.–Trad.In its election for offices in 1969, the American Political Science Association, apparently for the first time in its rarely turbulent history, found the nominees of its Official Nominating Committee challenged by an insurgent group. In order to handle this unprecedented situation, it was decided at the annual meeting to carry out the election by mail ballot and the American Arbitration Association was engaged to administer the operation.Ballots were mailed to the 13,061 members of the Association in October, 1969. Accompanying them were materials containing statements of belief and biographies for each of the candidates. The response rate was 64 percent.The ballots carried the contestants indicated in Table 1. For each office the candidates are listed in the Table in the order of their vote result (they were listed in alphabetical order on the ballot) and for each candidate the group endorsements, as they were presented on the ballot, are indicated. Except for the group endorsements, no identifying information accompanied the names of the candidates on the ballots.


Author(s):  
Taras Mylian

Territory of the upper reaches of Western Bug River, especially the annalistic of Belz in Solokiya and its surroundings, is rich in archeological sites. In 2016, as part of the Program «Protection and Preservation of the Cultural Heritage of the Lviv Region for 2016–2018», conservation research was conducted at the settlement Belz 22 (Hora). It is a multi-layered settlement with cultural and chronological horizons from the final Paleolithic to modern times. Information and research on it were conducted with advantages during XX century however, for the first time in the settlement; remains of a Slavic dwelling-semi-dugout (object 20) of the Prague culture were discovered and studied. Research has shown that dwelling had two periods of functioning. Traces of restructuring were confirmed, which led to a reduction of the area and changing of the shape – from rectangular to square. Evidence of the reconstruction was the remains of two clay ovens, the oldest of which was partially cut down by a later wall. Under the remains of this wall above the furnace a Roman denarius of the II century was found. Ovens are built on special sites made of compacted clay. The older oven has a dome lined with special rollers. Discovered material is represented mainly by handmade ceramic pots, some of them are reconstructed. Some of the forms of utensils were common during the late V – early VI centuries, and the other part – during the second half of VI – early VII century. This division corresponded to the periods of housing. An important find was the weights for the loom, which were reused to build the oven. An additional evidence of the development of weaving in the settlement is a bi-conical spinner with flat platforms, which comes from dwelling. The settlement on the outskirts of the annalistic Belz is characterized by permanence and genetic connection throughout the Middle Ages – from individual Slavic settlements in this region to the creation of a separate principality around the big city. Key words: Prague culture, Belz, Solokiya, dwelling, oven, ceramics, denarius.


Author(s):  
Hesham Mesbah

This chapter explores how national anthems of African and non-African Arab nations reflect a collective national identity. The national anthems of 22 Arab countries were analyzed using the textual thematic analysis to identify the common attributes of national identity in these anthems and the variance in referring to political entities, national symbols, and natural artifacts according to the political system (republic vs. monarchy) in the country. The analysis shows five thematic components of the national identity presented by those anthems, with an emphasis on the themes of religion and local political leaders in the anthems of monarchies. On the other hand, republics base their identity on religion, history, and nation-related natural and national artifacts. The anthems of the republics show a higher level of complexity (thematic richness) and more tendency to use emotionally charged, forceful language, in contrast to the anthems of the monarchies.


1969 ◽  
Vol 7 (3) ◽  
pp. 469-493 ◽  
Author(s):  
Howard Wolpe

To the political scientist concerned with the relationship between social and economic modernisation, on the one hand, and political change and integration, on the other, the Ibo experience has long held particular interest. In his pioneering study of Nigerian nationalism, James Coleman observed that Ibos had played a singular role in the post-war political era: ‘Ibos overwhelmingly predominated in both the leadership and the mass membership of the N.C.N.C., the Zikist Movement, and the National Church. Postwar radical and militant nationalism, which emphasized the national unity of Nigeria as a transcendent imperative, was largely, but not exclusively, an Ibo endeavor’1 But radical and militant pan-Nigerian nationalism was only one part of the Ibo political posture. No less noteworthy was the parallel development of a highly cohesive and organisationally sophisticated pan-Ibo movement, the very success of which ultimately undermined the pan- Nigerian aspirations of the Ibo-led N.C.N.C. and, subsequently, was one of several factors operating to impair the national legitimacy of an Ibo-led military régime. It is this paradoxical blending of ‘civic’ and ‘primordial’ sentiments which, perhaps, best defines the modern Ibo political experience2.


1979 ◽  
Vol 5 (3) ◽  
pp. 196-209 ◽  
Author(s):  
Murray Forsyth

Hobbes' conception of relations between states has attracted attention from two directions. Students of political theory who have focused on Hobbes have from time to time looked beyond their central preoccupations and noted briefly the relevance of his doctrine for the international arena. The external relations of Leviathan are for them on the fringe of Hobbes' theory. Students of international relations on the other hand invoke Hobbes' name frequently as a kind of shorthand for a particular approach to the international world, one that is also associated with Machiavelli, and usually called the ‘realist’ approach. By contrast with the political theorists, they tend to look from the outside into Hobbes’ theory and to ask whether and how far the ‘domestic’ situation of individuals in a Hobbesian state of nature bears an analogy with the ‘external’ situation of states in relationship to one another.


Author(s):  
Herbert Kawadza

A number of landmark judicial review decisions and the resultant political backlash are arguably to supportive of the claim that political and legal constitutionalism are entrenched in South Africa. The common thread in the legislature and executive's reaction to judicial review decisions is that government supremacy is under threat from legal constitutionalism. More specifically, there is a perception that courts are meddling in the political space through judgments that are aimed at weakening the government's authority and power. Nonetheless, such decisions have had an effect of reinforcing the judiciary's legal constitutional role of reviewing the lawfulness of the other branches' activities. There is need for strategies to minimize this tension as the continued antagonism can have unintended consequences such as the delegitimisation of the judiciary    


2021 ◽  
pp. 439-461
Author(s):  
Antonia Sánchez Villanueva

De entre los géneros en los que se expresa el discurso político en Francia, las entrevistas presidenciales televisadas del 14deJulio constituyen manifestaciones singulares. Con una tradición de cuatro décadas, se desarrollan en un contexto de gran formalidad que confiere a la palabra presidencial rango institucional sin que deje de estar sometida a los riesgos propios de la interacción. Por un lado, las reglas del género sitúan al presidente en posición funcional de dependencia. Por otro, la entrevista política ha evolucionado hacia un adversarial style (Clayman&Heritage,2002) al que las del 14deJulio no son ajenas. Este artículo se detiene en la concedida por Emmanuel Macron en 2020 y difundida en Youtube, para analizar con las herramientas del Análisis del Discurso cómo combate los actos de habla que amenazan la dimensión presidencial, expuesta ahora también a los inter e intradiscursos que se generan en el entorno digital. Among the orders in which political discourse is expressed in France, the televised presidential interview of the 14th of July is unique. With a tradition stretching back four decades, these interviews take place in a context of great formality that is intended to give the presidential word institutional rank, albeit subject to the risks associated with an interview. On the one hand, the paradigm of the interview places the president in a functional position of dependence. On the other hand, the political interview has evolved in recent times towards an adversarial style (Clayman&Heritage, 2002) to which those of the 14th of July are not immune. This article focuses upon the presidential interview granted by Emmanuel Macron in 2020, broadcast for the first time on YouTube, to analyze with the tools of Discourse Analysis how it fights the speech acts that threaten the presidential status, now also exposed in the digital environment. Parmi les différents genres où le discours politique trouve ses voies d’expression en France, les interviews présidentielles du 14 Juillet représentent des manifestations tout à fait particulières. C’est Valéry Giscard d’Estaing qui a inauguré la longue série en accordant en 1978 le premier entretien télévisé lors des cérémonies de la Fête Nationale, un exercice que la plupart de ses successeurs ont poursuivi. Seul Nicolas Sarkozy a refusé de continuer la tradition. Emmanuel Macron, de sa part, a fait de même mais, en revanche, en a accordé une le 14 Juillet 2020 dans le contexte de la crise sanitaire du Covid-19, avec une nouveauté : elle a été diffusée aussi sur Youtube. Dans cet article nous visons à décrypter à l’aide des outils de l’Analyse du Discours et de l’Analyse de la Conversation les stratégies discursives menées par Emmanuel Macron dans la seule interview du 14Juillet accordée jusqu’à présent.


Other Others ◽  
2018 ◽  
pp. 19-35
Author(s):  
Sergey Dolgopolski

The chapter analyses how the question of the political in two currently predominant and competing schools of political thought, political theology, exemplified by Carl Schmitt, and political ontology, exemplified by Jacques Rancière. The notion of the other others comes front and centre in this analysis. In political ontology, the concept of the political is predicated on an ability of a politician, a lawyer, or an artist to employ the philosophical, and in modern terms, “ontological” distinction between what is the case in each case and what seems to be the case in each case. In political theology, it is no longer “being” as opposed to “seeming”, but rather an ability to represent as radically distinct from any particular content conveyed. The chapter further traces foundations of both political theology and political ontology in Kant’s transcendentalism -- in particular in the necessity by which transcendentalism denies “positive law,” which Christianity traditionally ascribed to the Jews. The balance of the chapter shows how, however mutually exclusive, both political theology and political ontology remain intersubjective in their scope and thereby both efface and help notice what, in the following chapters will emerge on the pages of the Talmud as interpersonal rather than intersubjective dimension of the political.


2014 ◽  
Author(s):  
Edoardo Gerlini

What could be the common points between the Literature produced at the imperial court of 9th-10th century in Japan with the one composed in Italy under the rule of Frederick II of Hohenstaufen? Why the Kokinwakashū in Japan and the Sicilian School of Poetry in Italy have been acknowledged as canons for later literary traditions? How did the political power influence the production of court poetry and the role of poets in the court environment? Why two particular poetic forms like the sonnet in Europe and the waka in Japan succeeded to survive until modern times?


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