Freedom, Law and Authority

1988 ◽  
Vol 24 ◽  
pp. 191-223
Author(s):  
Norman Barry ◽  
Keith Graham

Despite the emphasis on the state in the history of political philosophy, the twentieth century has been characterized by a remarkable lack of philosophical reflection on the concept. Until recently analytical philosophy had eschewed those evaluative arguments about political obligation and the limits of state authority that were typical of political theory in the past in favour of the explication of the meaning of the concept. However, even here the results have been disappointing. Logical Positivist attempts to locate some unique empirical phenomenon which the word state described proved unsuccessful, and indeed led to the odd conclusion that there was nothing about the state that distinguished it from some other social institutions. For example, its coercive power was said to be not unique: in some circumstances trade unions and Churches exercised similar power over their members. Ordinary language philosophers were far more interested in the complexities that surround words such as law, authority and power than in the state. In all this there was perhaps the fear that to concentrate attention on the state was implicitly to give credence to the discredited doctrine that it stood for some metaphysical entity; propositions about which could not be translated into propositions about the actions of individuals, and which represented higher values than those of ordinary human agents.

1988 ◽  
Vol 24 ◽  
pp. 191-206
Author(s):  
Norman Barry

Despite the emphasis on the state in the history of political philosophy, the twentieth century has been characterized by a remarkable lack of philosophical reflection on the concept. Until recently analytical philosophy had eschewed those evaluative arguments about political obligation and the limits of state authority that were typical of political theory in the past in favour of the explication of the meaning of the concept. However, even here the results have been disappointing. Logical Positivist attempts to locate some unique empirical phenomenon which the word state described proved unsuccessful, and indeed led to the odd conclusion that there was nothing about the state that distinguished it from some other social institutions. For example, its coercive power was said to be not unique: in some circumstances trade unions and Churches exercised similar power over their members. Ordinary language philosophers were far more interested in the complexities that surround words such as law, authority and power than in the state. In all this there was perhaps the fear that to concentrate attention on the state was implicitly to give credence to the discredited doctrine that it stood for some metaphysical entity; propositions about which could not be translated into propositions about the actions of individuals, and which represented higher values than those of ordinary human agents.


2012 ◽  
Vol 39 (4) ◽  
pp. 859-880 ◽  
Author(s):  
PETER LEE

AbstractOver the past three decades Jean Bethke Elshtain has used her critique and application of just war as a means of engaging with multiple overlapping aspects of identity. Though Elshtain ostensibly writes about war and the justice, or lack of justice, therein, she also uses just war a site of analysis within which different strands of subjectivity are investigated and articulated as part of her broader political theory. This article explores the proposition that Elshtain's most important contribution to the just war tradition is not be found in her provision of codes or her analysis of ad bellum or in bello criteria, conformity to which adjudges war or military intervention to be just or otherwise. Rather, that she enriches just war debate because of the unique and sometimes provocative perspective she brings as political theorist and International Relations scholar who adopts, adapts, and deploys familiar but, for some, uncomfortable discursive artefacts from the history of the Christian West: suffused with her own Christian faith and theology. In so doing she continually reminds us that human lives, with all their attendant political, social, and religious complexities, should be the focus when military force is used, or even proposed, for political ends.


Author(s):  
Andre Santos Campos

Historical analyses of the relations between political theory and time often hinge on two claims. The first is that political theorists have until recently put less emphasis on the future than the past when debating political legitimacy and obligation. The second is that the history of political theory draws a fundamental distinction between theories that invoke time to legitimate political structures and theories that reject temporal considerations in favor of timeless principles. This chapter disputes these two claims by maintaining that competing languages of legitimacy harbor different and interrelated conceptions of temporality. A survey of time conceptions in the history of political philosophy shows that normative political theory is inherently multitemporal, involving double regard for the past and the future. And, since even tenseless principles of legitimacy often depend on temporally related forms of formulation and application, considerations about time seem inescapable in normative political theory.


Author(s):  
Aneta Drożdż

This paper presents a short history of Polish formations protecting the governing bodies of the state, starting from the moment Poland regained independence at the end of the twentieth century. The considerations are presented against the rules and principles of the functioning of the state security system, with particular emphasis on the control subsystem. This paper demonstrates the need to research attitudes to safety in the past, in order to develop and apply effective contemporary solutions. The considerations contained in it also concern the existing threats to the management of state organs. They may contribute to further discussions on the purpose and rules of operation of the formation which is supposed to protect the most important people in the state.


Philosophy ◽  
1983 ◽  
Vol 58 (224) ◽  
pp. 215-227 ◽  
Author(s):  
Stephen R. L. Clark

Philosophers of earlier ages have usually spent time in considering thenature of marital, and in general familial, duty. Paley devotes an entire book to those ‘relative duties which result from the constitution of the sexes’,1 a book notable on the one hand for its humanity and on the other for Paley‘s strange refusal to acknowledge that the evils for which he condemns any breach of pure monogamy are in large part the result of the fact that such breaches are generally condemned. In a society where an unmarried mother is ruined no decent male should put a woman in such danger: but why precisely should social feeling be so severe? Marriage, the monogamist would say, must be defended at all costs, for it is a centrally important institution of our society. Political community was, in the past, understood as emerging from or imposed upon families, or similar associations. The struggle to establish the state was a struggle against families, clans and clubs; the state, once established, rested upon the social institutions to which it gave legal backing.


2013 ◽  
Vol 6 (2) ◽  
pp. 85-93
Author(s):  
Anna Ceglarska ◽  

History of the rise of the Roman Republic as described by Polybius The aim of this article is to refer Polybius’s political theory, included in Book VI of The Histories, to the history of the rise of the Roman Republic. This theme must have been particularly significant for Polybius. For him, Rome was the most perfect example of a mixed government system, and the aim of describing its history was to show the development of this perfect system. The article presents the mutual relation of theory and history, starting with the period of kingship, up to the emergence of the democratic element, i.e. the moment when Rome acquired the mixed system of government. Both the political and social contexts of the changes are outlined. The analysis suggests that Polybius related his political theory to the history of the state he admired, thus providing the theory with actual foundations. Reconstructing his analysis makes it possible to see the history of Rome in a different light, and to ponder the system itself and its decline, even though the main objective of both Polybius and this article is to present its development.


Author(s):  
G. A. Zolotkov

The article examines the change of theoretical framework in analytic philosophy of mind. It is well known fact that nowadays philosophical problems of mind are frequently seen as incredibly difficult. It is noteworthy that the first programs of analytical philosophy of mind (that is, logical positivism and philosophy of ordinary language) were skeptical about difficulty of that realm of problems. One of the most notable features of both those programs was the strong antimetaphysical stance, those programs considered philosophy of mind unproblematic in its nature. However, the consequent evolution of philosophy of mind shows evaporating of that stance and gradual recovery of the more sympathetic view toward the mind problematic. Thus, there were two main frameworks in analytical philosophy of mind: 1) the framework of logical positivism and ordinary language philosophy dominated in the 1930s and the 1940s; 2) the framework that dominated since the 1950s and was featured by the critique of the first framework. Thus, the history of analytical philosophy of mind moves between two highly opposite understandings of the mind problematic. The article aims to found the causes of that move in the ideas of C. Hempel and G. Ryle, who were the most notable philosophers of mind in the 1930s and the 1940s.


Author(s):  
Rafael Sanzio Araújo dos Anjos

The LDB (Lei de Diretrizes e Bases) of 1996 does not mention the Quilombolas Communities. We know that in some aspects the problems with the access to schools are similar to the problems faced in the riverine communities, in the rural zone, and in the indigenous population, for example. Both specified on the law. Which would be the followed orientation when we talk about quilombos?- It is important not to lose sight that exists in space and in the Brazilian population a large territory and people not part of the “Official Brazil”. In this context, we can insert the quilombolas populations, which were excluded secularly of the country and of the priority actions in the decision-making sector. Prejudice and exclusion mark the history of Africa in Brazil and the quilombos, which are considered “the past of Colonial Brazil”, had recently started to have attention of the State and one of them is in the Transitory Devices of the Federal Constituion of 1988. 


Author(s):  
Herman Mark Schwartz

Theories that the state and market are in a conflictual and binary relationship read the history of the past 30 years as a triumph of the market and a withering of the state. The underlying alleged conflict between state and market misrepresents history and reality. States and markets are commingled forms of power; each cannot exist without the other. States and markets operate on different logics and constantly mutate in response to changes in their environment. States constantly face competitive threats and need markets to generate revenue in efficient ways; market actors face competitive threats and need states to stabilize production and exchange relationships. States and market actors both need each other as a place to externalize threats to their legitimacy.


2018 ◽  
Vol 93 ◽  
pp. 151-175 ◽  
Author(s):  
Didem Özkiziltan ◽  
Aziz Çelik

AbstractThe 1961 constitutional reform in Turkey recognized the right to strike and granted other rights and freedoms related to the collective actions of labor. Conventional wisdom holds that Turkish trade unions became independent of the state power with class-based interests only after this reform. Across mainstream literature, this is considered, in historical institutionalist terms, as the first critical juncture in Turkey's industrial relations. This paper provides a critical account of the institutional continuity, development, and change that took place in Turkey's industrial relations starting from its establishment as a republic in 1923 until the end of the 1950s, by considering the socioeconomic and legal-political environment during these years. Considering the historical evidence employed, and under historical institutionalism, it is argued that the first critical juncture in the country's industrial relations occurred in 1947, when the ruling cliques permitted the establishment of trade unions. In this paper, it is purported that the consensus reached by the trade unions on the necessity of the right to strike from the mid-1950s onwards initiated a peaceful class struggle between Turkish labor and the state, which gradually steered the industrial relations toward the second critical juncture following the promulgation of the 1961 constitution.


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