Creating and Contesting the American State of Nature

2019 ◽  
pp. 159-217
Author(s):  
Mark Somos
Keyword(s):  
English Language ◽  
Freedom Of Speech ◽  
The State ◽  
Rapid Expansion ◽  
Freedom Of Conscience ◽  
Natural Community ◽  
State Of Nature ◽  
The Press ◽  
Close Relationship ◽  
The Right

Chapter 5 describes the contestation and consolidation of this trope, and the beginning of its transformation from a vindication of protest into the foundation of an American natural community. Illustrating the close relationship between English-language state of nature texts on both sides of the Atlantic, the chapter follows the rapid expansion of the state of nature discourse to constitutional issues such as the freedom of conscience and opinion, the freedom of speech and of the press, secession, the right to meaningful representation, and the relevance or irrelevance of rights guaranteed under competing versions of a semi-mythical ancient constitutionalism. The chapter carries previous analyses of rival loyalist and patriot interpretations of the state of nature on to these topics.

The Turn to Self-Defense

2019 ◽  
pp. 217-273
Author(s):  
Mark Somos
Keyword(s):  
Political Economy ◽  
New England ◽  
Collective Identity ◽  
The State ◽  
Natural Community ◽  
State Of Nature ◽  
Self Defense ◽  
Previous Discussion ◽  
The Right ◽  
American State

This chapter shows that as tensions escalated in the early 1770s, the colonists drew on the increasingly coherent view of the American state of nature to claim the collective right to self-defense. Moderates and loyalists vehemently contested revolutionary state of nature arguments for a natural community of American settlers separate from Britain and for their right to self-defense. New England Christians supplied a pluriform, but distinct and influential, revolutionary strand of state of nature interpretation, complete with the right to resist, the right to change government, and a collective identity, all grounded in a Christian state of nature. The chapter ends by illustrating the range of political economy theories of the state of nature that were relevant to understanding and debating the rising tension between the metropolis and the colonies, and a continuation of the previous discussion of rival loyalist and patriot interpretations of the state of nature.

GARANCIJE ŽIVOTA U KRALjEVINI SRBA, HRVATA I SLOVENACA – ODJECI VIDOVDANSKOG USTAVA U NjEGOVOM TRAJANjU I DANAS

2021 ◽  
Author(s):  
Dragana Ćorić ◽  
Keyword(s):  
Death Penalty ◽  
The State ◽  
Freedom Of Religion ◽  
Freedom Of Conscience ◽  
Personal Freedom ◽  
The Press ◽  
New Community ◽  
The Moment ◽  
The Right

The Constitution of the Kingdom of Serbs, Croats and Slovenes, adopted on June 28, 1921, established a certain framework of rights and freedoms of citizens in the new state, in a different way than it had been until then. The constitution did not recognize nobility, titles, "or any advantages by birth," except for the King and his family. It guaranteed personal freedom and freedom of religion - again within the limits allowed by law; freedom of conscience and the press, the right of association, assembly and agreement. He forbade greenery, abolished feudal relations, and on the day of liberation from foreign rule, the peons became, without compensation, the owners of the state land on which they had worked until then. This Constitution also provided for freedom from the death penalty and the principles of talion,except in cases of attacks on the King and members of the Royal House. The paper outlines the picture of life in the new community, as conceived by this constitution. The results of this constitution from the moment of its adoption to its repeal and onwards are analyzed. Since this constitution was the foundation of a new state and a new society, the analysis with previous acts is not possible, because there are no parameters of the same name for comparison. Therefore, this act can be considered only pro futuro, even after its repeal, because the echoes of this act still exist today.

PERSECUTION AND THE ART OF FREEDOM: ALEXIS DE TOCQUEVILLE ON THE IMPORTANCE OF FREE PRESS AND FREE SPEECH IN DEMOCRATIC SOCIETY

2020 ◽  
Vol 37 (2) ◽  
pp. 190-208
Author(s):  
Khalil M. Habib
Keyword(s):  
Free Speech ◽  
Freedom Of Speech ◽  
Freedom Of The Press ◽  
Alexis De Tocqueville ◽  
Free Society ◽  
Free Press ◽  
Constituent Element ◽  
The Press ◽  
The Right ◽  
Shed Light

AbstractAccording to Tocqueville, the freedom of the press, which he treats as an extension of the freedom of speech, is a primary constituent element of liberty. Tocqueville treats the freedom of the press in relation to and as an extension of the right to assemble and govern one’s own affairs, both of which he argues are essential to preserving liberty in a free society. Although scholars acknowledge the importance of civil associations to liberty in Tocqueville’s political thought, they routinely ignore the importance he places on the freedom of the press and speech. His reflections on the importance of the free press and speech may help to shed light on the dangers of recent attempts to censor the press and speech.

scholarly journals Political pluralism as a factor in the development of modern society and state

2021 ◽  
Vol 5 (S3) ◽  
Author(s):  
Sergey D. Andreev ◽  
Emma V. Bitsieva ◽  
Olga V. Lepeshkina ◽  
Dmitry M. Polonsky ◽  
Marina S. Savchenko
Keyword(s):  
Foreign Policy ◽  
Civil Society ◽  
Party System ◽  
Social Groups ◽  
Modern Society ◽  
Freedom Of Speech ◽  
The State ◽  
Political Pluralism ◽  
Public Events ◽  
The Right

This paper presents the results of a study devoted to the legal phenomenon of political pluralism as a factor in the development of modern society and the state by the example of classical democratic countries. At the same time, attention is focused on such components of political pluralism as formalization of freedom of speech and assembly; a multi-party system, as well as a mechanism for coordinating the interests of various social groups at the parliamentary level. It was found that the most acceptable is the model operating in the FRG, since it allows people to find a balance between guarantees of political diversity, such as freedom of speech and the right to public events. The interaction between civil society institutions and parliamentarians is especially advisable when making decisions in the domestic and foreign policy of the state.

scholarly journals Peranan Badan Pertanahan Nasional/Agraria Dan Tata Ruang Dalam Penyelesaian Sertifikat Ganda Di Kabupaten Banyumas

2021 ◽  
Vol 23 (2) ◽  
pp. 1-8
Author(s):  
Ninik Hartariningsih ◽  
Esti Ningrum ◽  
Wahyu Hariadi
Keyword(s):  
Land Rights ◽  
The State ◽  
Good Faith ◽  
Close Relationship ◽  
The Law ◽  
The Right

ABSTRACT The number of cases or disputes in the field of land, one of which is due to the existence of multiple certificates, in which this problem can be caused by good ethics and good ethics. This is because land has a close relationship with humans, both for housing and for business. Therefore, the law requires the owner of land rights to register their land, so that they have legal guarantees and guarantees of their rights. Double certificates occur in the case of land being abandoned by a certified owner, for a period of more than 20 years so that the land grows with a thicket, which is then controlled by someone else in good faith for more than 20 years, then the person increases his right of ownership. This is justified by law because the person has controlled the land for more than 20 years, in addition, because the land has been neglected for more than 20 years, the right to annul the land is controlled by the State. Keywords: BPN/ATR, Solution, Double Certificate Abstrak. Banyaknya kasus/sengketa dibidang pertanahan, yang salah satunya adalah karena adanya sertifikat ganda, yang mana masalah ini dapat dikarenakan etikat tidak baik maupun etikat baik. Hal ini dikarenakan bahwa tanah mempunyai hubungan yang erat dengan manusia, baik untuk tempat tinggal maupun untuk berusaha. Oleh karenanya Undang- Undang mewajibkan sipemilik hak atas tanah untuk mendaftarkan tanahnya, agar mempunyai jaminan hukum dan jaminan haknya. Sertifikat ganda terjadi dalam hal tanah ditelantarkan oleh pemiliknya yang sudah bersertifikat, dalam jangka waktu lebih dari 20 tahun sehingga tanah tersebut tumbuh semak belukat, yang kemudian dikuasai oleh orang lain dengan itikat baik selama lebih dari 20 tahun, kemudian orang tersebut meningkatkan haknya menjadi hak milik.Hal ini dibenarkan oleh undang-undang karena org tersebut telah menguasai tanah tersebut selama lebih dari 20 tahun, selain itu karena tanah tersebut ditelntarkan selama lebih Dri 20 tahun, maka haknya hapus tanah dikuasai oleh Negara. Kata Kunci : BPN/ATR, Penyelesaian, Sertifikat Ganda

Definition and content of the right to freedom of conscience

2021 ◽  
Vol 66 (05) ◽  
pp. 145-148
Author(s):  
Ниджат Рафаэль оглу Джафаров ◽  
Keyword(s):  
Human Rights ◽  
Human Behavior ◽  
The State ◽  
Human Beings ◽  
Freedom Of Conscience ◽  
Key Words Human ◽  
The People ◽  
The Law ◽  
The Right

It can be accepted that the classification of human rights, its division, types, and groups, is of particular importance. The syllogism for human rights can be taken as follows: law belongs to man; human beings are the highest beings on earth like living beings. Therefore, the regulation prevails. The right to freedom is conditional. Man is free. Consequently, human rights are dependent. Morality is the limit of the law. Morality is the limit and content of human actions. Therefore, the law is the limit of human activities. Morality is related to law. Law is the norm of human behavior. Thereby, human behavior and direction are related to morality. The people create the state. The state has the right. Therefore, the right of the state is the right of the people. The state is an institution made up of citizens. Citizens have the privilege. Such blessings as Dignity, honor, conscience, zeal, honor, etc., and values are a part of morality and spiritual life. Morality is united with law. Therefore, moral values are part of the law. Everyone has the right to freedom of thought and conscience. Space is about the law. Therefore, everyone has the right to opinion and conscience. Key words: human rights, freedom of conscience, conceptuality, citizenship

Democracy

2014 ◽  
Author(s):  
Steven Wheatley
Keyword(s):  
International Law ◽  
English Language ◽  
Family Relationship ◽  
The State ◽  
Democratic Legitimacy ◽  
International Governance ◽  
Science Literature ◽  
Democratic State ◽  
The Right ◽  
Over Time

Researchers on “democracy” in international law have to make an important methodological choice: They can examine the “democracy norm” from the perspective only of international law (state practice, treaty norms, international law texts, etc.) or they can locate their research within a wider body of social science literature, in particular considering the normative conception of democracy in political theory (electoral, deliberative, consociational, etc.) and the practice of democracy and democracy promotion identified in political science. The latter is recommended since the idea of democracy in international law did not emerge ex nihilo. To be meaningful, it seems reasonable to conclude that the international law conception of democracy must maintain its family relationship with the idea of democracy that has emerged in political thought and practice over time—after all no agreed definition of democracy exists in international law. For researchers engaged in a critique of doctrine and practice from the perspective of democratic legitimacy, more in-depth reading will be required and reading of the original materials is essential. This article introduces researchers to the key writings in the English language on democracy in international law and relevant readings that inform the debates in international law in cognate disciplines. While certain democratic elements can be found in international doctrine and practice over time, “democracy” as an identifiable principle of the international law order can be dated back to the 1990s and the ending of the Cold War. While the status and content of the “democracy norm” in international law remains contested, the influence of democratic ideals can be seen in a number of areas relating to legitimate political authority at the level of the state and, increasingly, the (democratic) legitimacy of international organizations and institutions. The principle of democracy is seen to have an influence in the functioning of international law and the practice of international relations and international governance: establishing a criterion for legitimate and lawful government, giving form to the right of peoples to political self-determination, providing a context for the enjoyment of human rights and fundamental freedoms, and establishing the basis for peaceable and nonpeaceable interstate relations. Moreover, following the globalization and fragmentation of governance functions, concern has grown increasingly with respect to the “democratic deficit” experienced by citizens at the level of the state, leading to proposals for the democratization of global governance and a literature that examines the extent to which a democratic state should accept the authority of nondemocratic international law norms.

scholarly journals Punishment, Property, and the Limits of Altruism: Locke's International Asymmetry

2008 ◽  
Vol 102 (4) ◽  
pp. 467-479 ◽  
Author(s):  
ALEX TUCKNESS
Keyword(s):  
The State ◽  
Standard Interpretation ◽  
State Of Nature ◽  
Functional Equivalent ◽  
The Asymmetry ◽  
The Right

The standard interpretation of Locke assumes symmetry between punishment by individuals in the state of nature and punishment by states in the state of nature. The standard interpretation is incorrect because in cases where the punishment is altruistic, the state is not the functional equivalent of a person, having a more restricted power to punish. The asymmetry arises from Locke's contractualism because individuals in the state of nature might reasonably refuse to give governments the power to punish altruistically. This interpretation clarifies some ongoing puzzles about Locke's theory of property where questions about coerced sacrifices to benefit others also arise. Locke's argument is vulnerable to important objections, specifically that he equivocates on the meaning of the word “body,” that he places too much emphasis on the right of self-preservation, and that he legitimates nearly unlimited appropriation by states.

scholarly journals Public and Social Interest in Journalistic Activity

2020 ◽  
pp. 118-126
Author(s):  
Dobrochna Ossowska-Salamonowicz
Keyword(s):  
Public Opinion ◽  
The State ◽  
Freedom Of The Press ◽  
Access To Information ◽  
Political Leaders ◽  
The Right To Privacy ◽  
Public Figures ◽  
The Press ◽  
The Right ◽  
Right Of Access

Freedom of the press is one of the best ways of reflecting and shaping public opinion about the ideas and attitudes of political leaders, public figures or those entrusted with public functions. Freedom of the press is also an opportunity to depict reprehensible phenomena such as corruption, fraud, crime or nepotism. The press may be faced with types of subjects that may cause dilemmas for the journalist. Whose interest should above all be represented: the interest of the society or the state? What is more important: the right to privacy or the right of access to information?

scholarly journals Vietnamese Youth Embraces English for Communication: A Case Study in Phu Quoc Island

2021 ◽  
Vol 1 (1) ◽  
pp. p34
Author(s):  
Faizah, Idrus ◽  
Bakri, Omar ◽  
Mohd Fauzi Kamaruddin
Keyword(s):  
English Language ◽  
Tourism Industry ◽  
Rapid Expansion ◽  
New Wave ◽  
Key Factors ◽  
Structured Interviews ◽  
Rapid Changes ◽  
Future Direction ◽  
The Right

Rapid changes on the way people travel the world have impacted countries around the globe. In South East Asia for example, with the rapid expansion of visit-a-country campaign exercises, it had affected the lives of people in many different ways. Tourism industry, for example, flourishes in manifolds. It indirectly changes the socioeconomic status of people of various echelons. Vietnam is no exception. The ease of communication has been identified as one of the key factors that attract tourists to places of choice. The issue is now whether Vietnamese, especially their youths are entirely ready to embrace this new wave of transformation. Therefore, the right moves have to be identified so that the number of tourists will multiple in the thousands if not millions. Therefore, the purpose of this investigation is to explore Vietnamese youths’ acceptance to learning the English language for communication, especially those encircling tourists’ spots with the right forms of communication to welcome the inflow of visitors around their communities. A qualitative design was used in this investigation employing semi-structured interviews, observations, and series of workshop sessions. The findings revealed that without proper curriculum instructions in school, although with passion and motivation, the youth will not be equipped as much as expected. Suggestions for future direction of this investigation are outlined.

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