Legal Equality

Author(s):  
Wojciech Sadurski
Keyword(s):  
2021 ◽  
Vol 10 (4) ◽  
pp. 129
Author(s):  
Brice Fossard

The history of the acquisition of French citizenship by Indochinese university élites remains yet to be written because few researchers have looked at the role played by sport and physical education in developing the Vietnamese élite. These young students discovered such physical activities at school and many of them claimed judicial/legal equality with the French. This article will demonstrate that sports and physical education were the key stages in a strategy for certain Indochinese students to become French citizens. At the same time, this tactic generated much tension within the Vietnamese student community between the two world wars.


2021 ◽  
Vol 63 (2) ◽  
pp. 310-338
Author(s):  
Victor Lieberman

AbstractInsisting on a radical divide between post-1750 ideologies in Europe and earlier political thought in both Europe and Asia, modernist scholars of nationalism have called attention, quite justifiably, to European nationalisms’ unique focus on popular sovereignty, legal equality, territorial fixity, and the primacy of secular over universal religious loyalties. Yet this essay argues that nationalism also shared basic developmental and expressive features with political thought in pre-1750 Europe as well as in rimland—that is to say outlying—sectors of Asia. Polities in Western Europe and rimland Asia were all protected against Inner Asian occupation, all enjoyed relatively cohesive local geographies, and all experienced economic and social pressures to integration that were not only sustained but surprisingly synchronized throughout the second millennium. In Western Europe and rimland Asia each major state came to identify with a named ethnicity, specific artifacts became badges of inclusion, and central ethnicity expanded and grew more standardized. Using Myanmar and pre-1750 England/Britain as case studies, this essay reconstructs these centuries-long similarities in process and form between “political ethnicity,” on the one hand, and modern nationalism, on the other. Finally, however, this essay explores cultural and material answers to the obvious question: if political ethnicities in Myanmar and pre-1750 England/Britain were indeed comparable, why did the latter realm alone generate recognizable expressions of nationalism? As such, this essay both strengthens and weakens claims for European exceptionalism.


1989 ◽  
Vol 39 ◽  
pp. 41-62 ◽  
Author(s):  
R.J.W. Evans

ON 4 MARCH 1848 Hungarians were excitedly debating the devastating criticisms of their country's rulers pronounced before assembled members of the diet the previous day by the popular tribune, Lajos Kossuth, the culmination of a campaign of agitation which stretched back a decade and more. Kossuth called for a constitutional transformation, with a responsible ministry, full legal equality, and the abolition of all privilege. The following month his programme was conceded wholesale by the authorities, under pressure from the sans-culottes of Budapest, and prostrate before their own Viennese revolution—for Kossuth's speech had played a major part in unseating Metternich there. Six months later power passed to a fully secessionist Hungarian regime, in which Kossuth enjoyed near-dictatorial sway. The ensuing civil war, during which the dynasty was declared deposed, took a further year to contain; its outcome appeared to be a complete breakdown of mutual confidence between king and country.


2018 ◽  
Vol 43 (3) ◽  
pp. 417-436 ◽  
Author(s):  
Markus Kienscherf

This article argues that US policing ends up maintaining and reinforcing substantive intersecting racial and class divisions, precisely because of its avowed formal neutrality. The article is divided into two main sections. The first section sets up a theoretical apparatus for conceptualising the seeming contradiction between general and specific social control. This section argues that US policing has a colonial genealogy but now serves to reproduce a neo-colonial order characterised by both formal legal equality and substantive racial and class inequalities. Moreover, this section shows that the transition from a colonial to a neo-colonial order has been effected by a change in policing’s strategic focus from classical colonial pacification to liberal pacification, which combines coercion with developmentalism. Through a genealogy of US policing, the second section will demonstrate empirically how US policing’s shift towards a strategy of liberal pacification has enabled and continues to facilitate the (re)production of a neo-colonial social order. Since this genealogical section covers quite a long historical period, it will primarily draw on secondary sources. By developing a more nuanced and finely grained policing-as-pacification model that highlights both the colonial genealogy and the contemporary neo-colonial ontology of US policing, this article helps us better understand how and why formally neutral law enforcement ends up producing and reproducing racial and class divisions.


Author(s):  
Lucjan Wroński ◽  

In his paper, the author analyses some premises of liberal concept of equality and its philosophical origins. He attempted to show affinities and differences between liberal and conservative approaches to legal equality. He argues that economic inequality is compatible with political and legal liberties within conservative political philosophy. Victorian lawyer James Fitzjames Stephen proved that fraternity is an ambiguous ideal conceived from utilitarian perspective mainly because that it would be political naïvete to expect love from our citizens instead of justice and respect.


2018 ◽  
Vol 11 (2) ◽  
pp. 106-111
Author(s):  
Roxana Denisa Vidican ◽  
Ionel DIDEA ◽  
Diana Maria ILIE

"The right is the totality of the conditions under which the will of each can coexist with the will of all, according to a universal law of freedom".Immanuel Kant.The requirement that the expression of will to be uncorrupted is a legal necessity, but also a guarantee of compliance with the principle of freedom of civil legal acts, the real principle of will and the principle of law which enshrines the legal equality of the parties to civil legal relationship since the legal civil act must be the consequence of a volitional attitude, free and conscious expressed


2021 ◽  
Vol 35 (3) ◽  
pp. 443-465
Author(s):  
Philipp Gisbertz-Astolfi

AbstractThe focus on the moral rights of combatants in the ethics of war ignores a very important point: although morally unjust combatants cannot be considered moral equals to just combatants, especially with regard to the right to kill, there are sound moral reasons why the laws of war should accept a kind of equality between them, a concept referred to as “reduced legal equality.” Reduced legal equality is not about equal moral rights but about granting legal immunity to combatants for their conduct in accordance with the laws of war. This article shows that reduced legal equality of combatants is not only the morally best legal regulation in our nonideal international world but also the correct interpretation of international law.


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