Lucius Crassus and Cicero: The Formation of a Statesman

1971 ◽  
Vol 17 ◽  
pp. 75-88 ◽  
Author(s):  
Elizabeth Rawson

If we remember anything about Cicero's political ideas, it is that he believed in the right and duty of the senate to exercise supremacy in Rome, but that he also advocated aconcordia ordinmi, an alliance between and recognition of the common interests of senators andequites, to whom property and thestatus quowere sacred. Closely connected with this is the idea of aconsensus omnium bonorum, a wider alliance to include most of theplebs, and Italy. In the service of this ideal of unity he believed that the conservative statesman should beconcordiae causa sapienter popularis, though he should consult the true interests of the people even more than their wishes; and that all government should be mild and conciliatory. These are the views by which we distinguish him from his more obstinate optimate contemporaries, above all Cato, who are less flexible, more rigidly reactionary. Although, since Strasburger's famous study ofConcordia Ordinum, students of Cicero ought to have been prepared to pursue some of these beliefs of his back into the Roman past, too many historians and biographers still give the impression that they were Cicero's own invention (and an unhappy and unrealistic one too, it is often implied). But this is rash. Cicero,pacesome of his detractors, was an intelligent man; but he was not a man of deeply original mind, as would be generally admitted. His greatness lay not in originality, but in the life and form that he could give to the Roman tradition, enriching or illuminating it, sometimes even criticising it, from his knowledge of Greek history and thought.We should be chary therefore of supposing that Cicero's political programme was wholly his own; and, where a programme on a practical level is concerned, we should probably look more closely for Roman than for Greek sources. The first place to search is of course in a man's immediate family background, its position, traditions and contacts. This is true of all ages and places; but it is especially true of Rome. In the recent and justified reaction against the idea of fixed family parties, allied to or warring with certain other families from generation to generation, we are in danger of forgetting that family tradition in a broad sense was often very important. Cicero explains in thede officiishow one should imitate not only themaioresin general, but one's ownmaioresin particular – thus successive Scaevolae have become legal experts, and Scipio Aemilianus emulated the military glory of the first Africanus.

2021 ◽  
Vol 12 (4) ◽  
Author(s):  
Klymenko Kyrylo ◽  

The article provides an analysis of the possibility of separatist formations in Ukraine to refer to the principle of self-determination of peoples as a justification for their activities. The minimum necessary criteria of legal bases for self-determination are considered, among which: the existence of effective connection of the subject of self-determination with a certain territory; the existence of the subject itself, i.e., the people (ethnic group), which claims self-determination; and the recognition by the international community of such a potential entity as the bearer of the right to self-determination. Regarding the connection with the territory, the doctrine of international law and practice recognizes the right to cultural and national self-determination in a particular territory for any ethnic group. This right is limited to the common interests of all the people of the state, which consists in the unconditional preservation of the inviolability and integrity of its territory. As for the existence of the subject of self-determination, the people is recognized as the historical community of people formed in a certain area and have stable features of the language, culture, and mental composition (mentality), as well as aware of their unity and difference from others through conscious self-name. At the same time, diasporas and migrants must be subject to the laws of the country of residence under the right of citizenship or the right of permanent residence. As for the recognition of the subject of self-determination by the international community, it may recognize as the people those who are under colonial rule, occupation by a foreign state, or against whom a policy of racism is pursued. Thus, international law does not protect separatist movements aimed at secession if they do not meet these criteria. This means that separatist formations in Ukraine do not have the right to secession but are terrorist organizations in terms of their methods of activity. Keywords: people, international recognition, right to self-determination, secession, territory


Outsiders ◽  
2019 ◽  
pp. 111-134
Author(s):  
Zachary Kramer

Accommodations are a common feature of life, but a vexing problem in civil rights law. To accommodate is to disrupt the status quo, to regard another, to recognize one’s needs and humanity. Accommodations can be a powerful thing. Even brief accommodations are an exchange of information, which become crucial experiences, as they force us to reckon with a harsh truth: The idea that all people are created equal is a legal command, not a practical description. We all have different needs and capabilities, different beliefs and wants. We accommodate not to erase these differences but to respect them. As a vehicle to realize our ambitions, and a functional means to make equality real for everyone in need of respect, accommodations are a way to bring outsiders in. As a result, accommodation is the antidote to modern discrimination. As we turn inward, as individuality becomes the common experience, accommodation is the right tool for our time. It is a means of making meaningful change.


2019 ◽  
Vol 15 (1) ◽  
pp. 26-50
Author(s):  
Nadirsah Hawari ◽  
Rachma Octariani ◽  
Eva Rosalia ◽  
Sinta Arifka ◽  
Asep Candra

Abstract According to Islamic Shari'a, holding a public office is not a right for an individual, but an obligation for the State. Therefore, the government, both the regional head and all its officials, must select the most suitable and most suitable person for every government job. It should not be made of nepotism by looking at kinship, friendship, or faction from any relationship with the eligibility of someone to hold a position .The existing rulers should appoint officials from the best people (al-ashlah), the Prophet said which means "whoever holds a Muslim's business (meaning being a ruler) then he appoints someone to be an official even though he knows there are more people good for (benefit) of the Muslims, then really he has betrayed Allah and His Messenger "(Ibn Taimiyah). If the head of state or other officials do not find the right person for a certain position, in this situation they must choose the person who is more representative. Representative here means the person who is the most appropriate from the one for each government position. And also in this selection process, the head of state and other officials must know about the standards of eligibility al-quwwah (strength) and al-amanah (trust). Al-Quwwah is the ability and feasibility of a job assignment. Whereas trusteeship is a behavior that focuses on the management process regarding the position or function of a position that is in accordance with Islamic Shari'a with the intention of only devoting to Allah and not based on fear of humans and expecting their self-interest. nominating yourself is required to convey the vision and mission and the state program that will be implemented. In this case, the community or community is very necessary to obtain information on the candidate pairs who nominate themselves, and the campaign that can be used as a means of communicating politics and public education. The leaders, servants of the State, civil servants or the military, judges and so on, are essentially representations of the voices of the people they lead. The leaders are no more than public servants who must devote and dedicate their leadership to the benefit of the people. The leaders are only representatives of the fulfillment of the rights of the people, so that they are obliged to run the government properly.    Abstrak Menurut syariat islam, memegang suatu jabatan-jabatan umum bukanlah hak  bagi individu, melainkan kewajiban atasnya bagi Negara. Oleh sebab itu, pemerintah baik kepala daerah dan seluruh pejabatnya harus menyeleksi orang yang paling cocok dan paling layak bagi setiap pekerjaan pemerintahan.Tidak boleh beerbuat nepotisme dengan memandang kekerabatan, persahabatan, atau golongan dari manapun yang tidak ada hubunngannya dengan kelayakan seseorang untuk memegang suatu jabatan.Para penguasa yang telah ada hendaknya mengangkat para pejabat dari orang orang terbaik (al-ashlah), Nabi bersabda yang artinya“barang siapa memegang suatu urusan kaum muslimin (maksudnya menjadi penguasa) kemudian ia mengangkat seseorang menjadi pejabat padahal ia mengetahui ada orang yang lebih baik bagi (kemaslahatan) kaum muslimin, maka sungguh ia telah mengkhianati Allah dan Rasul-Nya” (Ibnu Taimiyah).Apabila kepala Negara atau para pejabat lainnya tidak menemukan orang yang tepat untuk suatu jabatan tertentu, dalam keadaan ini mereka harus memilih orang yang lebih representative. Representative disini memiliki arti yakni orang yang paling tepat dari yang ada untuk setiap jabatan pemerintahan. Dan juga dalam proses penyeleksian ini, kepala Negara dan pejabat lainnya harus mengetahui tentang standar kelayakan  al-quwwah (kekuatan) dan al-amanah (kepercayaan).Al-Quwwah ialah kemampuan dan kelayakan suatu tugas jabatan. Sedangkan amanah, merupakan perilaku yang dititik beratkan pada proses  pengelolaan perihal jabatan atau fungsi dari suatu jabatan yang sesuai dengan syariat islam dengan niat hanya bertaqwa kepada Allah dan bukan berdasar pada ketakutan kepada manusia dan mengharap pamrih dari mereka.Didalam pelaksanaan kampanye, pasangan calon kandidat yang mencalonkan diri diharuskan untuk menyampaikan visi dan misi serta program kenegaraan yang akan dijalankan. Dalam hal ini, umat atau khalayak masyarakat sangat perlu untuk memperoleh informasi atas pasangan calon kandidat yang mencalonkan diri tersebut, dan kampanyelah yang dapat dijadikan sebagai sarana berkomunikasi politik dan pendidikan masyarakat. Para pemimpin, abdi Negara, pegawai sipil atau militer, hakim dan lain sebagainya, pada hakikatnya merupakan representasi suara rakyat yang mereka pimpin. Para pemimpin tidaklah lebih dari pelayan masyarakat yang harus mengabdikan dan mendedikasikan kepemimpinannya untuk kemaslahatan rakyat. Para pemimpin hanyalah wakil akan pemenuh hak hak umat, sehingga mereka wajib menjalankan roda pemerintahan dengan baik.


Author(s):  
Dr. Shivakumar GS

Every human being has the right to decent life but today there are elements in our environment that tend to militate against the attainment and enjoyment of such a life. The exacerbation of the pollution of environment can cause untold misery. Unhappiness and suffering to human beings, simply because of our lack of concerns for the common good and the absence of sense of responsibility and ethics for sustaining a balanced eco-system. If we are to aspire to a better quality of life – one which will ensure freedom from want, from disease and from fear itself, then we must all join hands to stem the increasing toxification of this earth. What we need in order to defuse this environmental time bomb is immediate concerted action of all the people, but such needed action will come only if we reorient such citizenry values, i.e., imbibe them with proper awareness and values (ethics), specifically those that will lead to a greater concern for preserving balance in the ecosystem, besides teaching them how to save the environment from further degradation, and to help, make it more healthful and progressive place to live in, springs from a strong sense of social responsibility. KEYWORD: Environmental Ethics


2017 ◽  
Vol 26 ◽  
pp. 76
Author(s):  
Mari Schihalejev

 Estonia’s first Bankruptcy Act was passed in 1992 and has been continuously under amendment. Estonian bankruptcy law has provided three distinct procedures for the determination of votes at the first general meeting of creditors: 1) in 1992–2003, the votes were determined only by the trustee; 2) in 2004–2009, the votes determined by the trustee were approved by the court; and 3) under the current law, the court intervenes only if there is a dispute over the determination of the votes. All the amendments notwithstanding, the process of determining the votes under Estonian bankruptcy law remains problematic. The current procedure for the determination of the votes at the first general meeting of creditors does not protect the rights and interests of the creditors, protect the common interests of the creditors, or follow the principle of procedural economy. The law should provide a term that specifies the time by which court rulings on the determination of the votes should be made. Thereby, important decisions could be adopted at the same general meeting, and bankruptcy proceedings could continue. Furthermore, to ensure that disputes are resolved within reasonable time and that the principles of speed and efficiency are honoured, insolvency courts should be created. There is also the problem of determining which issues belong to the disputes about votes. A creditor assigned votes must file proof of claim, together with documents proving the circumstances, with the trustee in three working days. For protecting the creditors’ interests and ensuring a fair and equitable system, the trustee, in co operation with the court, has the right and obligation to verify and evaluate the documents substantiating the claim, in order to prevent unjustified claims from conferring control over the bankruptcy proceedings.


2016 ◽  
Vol 1 (1) ◽  
pp. 143
Author(s):  
Ramiz Fazliu

The Essence every proper democracy is characterized by the level of participation of citizens in decision-making for different local issues and affairs. The right of direct participation of citizens in decision-making on local issues proclaimed even by the norms prescribed by domestic legal frame (countries apart) but also internationally, which determine in an almost standardize form the participation of citizens in decision-making such as civic initiatives, gatherings of citizens, referendum, public audience, polls, surveys, petitions etc. Through these forms of participation citizens are directly involved in making decisions about local affairs and issues related to the life and the common interests of the local level. Therefore, people with their participation can influence in decision-making in various fields, such as, in the area of decision-making for local policies dealing with legal acts (regulations and other local acts), plans and programs, as well as concrete development projects at the local level. The object of this paper deals with the most common forms of citizen’s participation in decision making at the local level which are illustrated with some concrete examples on how is regulated by legal norms and practically implemented in some countries with developed democracies: the USA, Great Britain, Switzerland and the countries of Central and Southeastern Europe such as Estonia, Hungary, Kosovo


Author(s):  
Nidhi Joshi ◽  
K.B Shah ◽  
Arpita Chatterjee ◽  
Radha Mangukiya ◽  
B.P Panda

Background: The word miasm means an infection. Hippocrates was the first who use the term "miasm" which has its origins in the Greek word for taint or fault. He anticipated that certain infectious diseases were transmitted to humans by air and water tainted by miasms. Hahnemann thought that the life power is infected by certain factors and this infection creates the disease. Dr. Hahnemann has recognized three special forms which he has designated as PSORA, SYCOSIS AND SYPHILIS. Which are recognized as ‘Miasm’ Objectives: The objective of the study is to understand the Expression of Sycosis miasm in Today’s Era. Methods: This Prospective study includes 50 cases that were randomly selected which had predominantly sycotic expression irrespective of age, sex and religion. The symptoms in the case were analyzed for the sycosis expressions. Investigation was carried out as and when required as per the case. The remedy was selected on the basis of totality of symptoms. The remedies were used in various potencies with repetition of doses as per the requirement of the case. The Homoeopathic remedies were selected from Standard Homoeopathic Pharmacy, Response was analyzed into 3 criteria: Mild Improvement, Moderate Improvement, Status quo, Left the treatment. Results: 50 cases of sycosis expression, both the genders of different age and different family background were analyzed and examined for response the homeopathic treatment. Expression of sycosis miasm was observed more in 31-40 years of age group. In general, sycosis predominantly seen in Male 26 cases. The common mental expression which was easily found out was dominating nature and desire for company and most peculiar was anger, which was expressed in different-different ways e.g., Anger at trifles, anger when contradicted, with abusive language or even throwing things when angry. In physical expression craving for such as sweets and spices. This miasm has aggravation at night in the research it is observed majority complaints of sycosis aggravated at night. The prominent disease conditions observed were hypertension 16%, renal calculi 12%, and diabetes mellitus 9%, hemorrhoids and hypothyroidism 7%, and gout, BPH, DNS, ovarian cyst, fibroids 5% respectively. The medicines selected on the totality of symptoms including miasmatic expression gave moderate improvement in 32% of cases where as mild improvement was observed in 40% of cases. The medicine found to be effective were anti-sycotic medicines like Medorrhinum, Nat. mur, Calc.carb, Apis etc. Lycopodium was prescribed in 20% of cases. Conclusion: From our study we would like to conclude that sycosis is flourishing miasm in many directions in this world. Along with it, it is most mischievous and difficult to conclude on mental aspect. Because we cannot grab sycotic person from their mind. Here I have made an effort to find out the common features of sycosis in this era which we can effortlessly find out and get from people. Keywords: miasm, sycosis


Author(s):  
Khimmatova Zarina Akhtamovna ◽  

The article analyzes the solidarity of “Sabot ul – ojizin's” work with the present period, which took an important place in the history of Uzbek enlightenment in the second half of the XVII century and the beginning of the XVIII century in Central Asia, the major representative of the Naqshbandian sect, Sofi Allahyar's "Sabot ul – ojizin". The work of sohfi Allahyar "Sabot ul - ojizin" is a work created due to the spiritual need of his time. The main purpose of the creation of the work is to educate the perfect person, to strive for the perfection of the individual. It is up to the people to start them on the right path by revealing the Enlightenment of the Islamic religion, to encourage them not to fall under the influence of the ideas of the memorization of different currents and fanatic groups. In the article, the work studied the socio – philosophical views aimed at starting the people on the right path, and in turn revealed that at that time for material benefit, he was struggling with enlightenment, occupying the minds of the common people and distributing various superstitious teachings. The article analyzes the ideas put forward in the work" Sabot ul – ojizin", the philosophical views, the solidarity of such enlightened views as leading the people towards perfection with today's times.


Author(s):  
Vlăduț Cătălin Nicolae ◽  

Personal development is a complex, continuous process that comes in unique forms, personalized by the personal searches and interests of every human being. In order to further his own development and to tap into the intimate background of his aspirations, man will make use of the various methods at his disposal, informal methods, most of the time. Architecture should support this development process for the individual as well as for society, because the wider picture may suggest that one of the answers to the problems of public spaces in our time resides in the cultivation of the personal essence and in the way it can interact and generate reactions in others. Maybe a strong community does not depend on just the common interests of certain people, but on supporting and accepting all interests, even if different. Perhaps public space should not only create functions but also situations, not dictate clearly the destinations, but favour the various scenarios that come with each user, leaving some of the answers to the people. Maintaining the possibility of architectural indeterminacy is a necessary and important step in truly engaging people with each other and with the space they are in. With informal education as instrument and with a suitable framework, public spaces relevant to the community can be created.


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