Juridical Politics

Potentia ◽  
2020 ◽  
pp. 55-77
Author(s):  
Sandra Leonie Field

This chapter sketches Hobbes’s early view of human collective power, arguing that he conceives of this power in exclusively juridical terms. Hobbes’s most obvious account of collective power is his theory of the sovereign state (or commonwealth, civitas), which possesses power as authority, potestas. The holder of potestas could be a popular sleeping sovereign, a more traditional ruling assembly, or a head of state, but in all cases the potestas itself can only arise when the powers of the individual members of the population are brought together in formal juridical union. This chapter argues that in Hobbes’s early view, there is no other kind of collective power; it offers no conceptual rubric to conceive of informal or emergent collective human power. This view is characterized as neo-scholastic; the conceptual limitation of the neo-scholastic view is undergirded by a practical confidence that informal collectivities will not be robust or politically troubling.

1999 ◽  
Vol 48 (1) ◽  
pp. 207-216 ◽  
Author(s):  
Colin Warbrick ◽  
Dominic McGoldrick ◽  
Hazel Fox

The case of Pinochet has aroused enormous interest, both political and legal. The spectacle of the General, whose regime sent so many to their deaths, himself under arrest and standing trial has stirred the hopes of the oppressed. His reversal of fortune, loss of liberty with a policeman, on the door, has been heralded by organisations for the protection of human rights as one small step on the long road to justice. For lawyers generally, the House of Lords' majority decision of 1998 that General Pinochet enjoyed no immunity signalled a shift from a State-centred order of things.1 It suggested that the process of restriction of State immunity, so effectively begun with the removal of commercial transactions from its protection, might now extend some way into the field of criminal proceedings. And it further posed the intriguing question whether an act categorised as within the exercise of sovereign power, so as to relieve the individual official of liability in civil proceedings, may at the same time, as well as subsequent to his retirement, attract parallel personal criminal liability.


2021 ◽  
pp. 163
Author(s):  
BOHDAN ANDRUSYSHYN ◽  
OLHA TOKARCHUK

The article deals with the study of the Ukrainian scientists’ activities in one of the largest and most notable centres of Ukrainian political emigration since the early twenties of the 20th century – in the Prague one. It has been pointed out that the Ukrainian intellectuals in foreign countries did not abandon their thoughts about the restoration of a united sovereign state. The Ukrainian state and legal thought development were associated both with the functioning of the Ukrainian Free University as well as other higher education institutions and with the broad involving of European democratic traditions during the emigration period. The professors had to solve such important and difficult tasks as: to create independent university courses on many disciplines for Law Department which programmes had already been significantly expanded in Prague. Having a complicated scientific and methodological work the Ukrainian scientists performed a responsible task successfully; dozens of legal courses were compiled and partially published, most of the specializedcourses differed in originality and made a significant contribution to the development of legal thought and science. Regarding the teaching activity of scientists in emigration, and in the past many of them were lawyers-practitioners and statesmen, we should note that their reports and lecture materials are characterized by deep preparation, content, thoughtfulness and consistency of the basic idea development. The training of Ukrainian youth in higher education institutions in Czechoslovakia was completely saturated not only with European worldview and methodological approaches, but also retained progressive national-state traditions. The forced situation, in which legal scientists got, brought them to such a theoretical and practical level of training of legal staff, to which we are only approaching today. This stage was viewed by young people as temporary and did not even imagine that they would remain in the West forever; prepared to “return home not empty-handed”. Thus, modern legal education and science need advanced more thorough research on the legal refinement of legal scholars in exile. University students and postgraduate students should take an active part in events where scientists and students of law faculties of Ukrainian higher schools in Europe are popularized. It is advisable to organize discussions about state-legal, socio-political views, cultural activities of figures. It is also necessary to intensify the individual search for the scientific activities of Ukrainian emigration in certain areas of law.


1990 ◽  
Vol 24 (2) ◽  
pp. 211-269 ◽  
Author(s):  
Pnina Lahav

“Liberty of the individual is a thing of the past, or the future, in Palestine”, wrote Bernard Joseph, a distinguished member of Israel's “government in the making” in 1948, shortly before Israel was inaugurated as a sovereign state. Joseph's “present” was the dusk of British rule in Palestine. Draconian Defence (Emergency) Regulations suspended conventional liberties ordinary westerners were accustomed to expect and turned Palestine into a police state.Precisely what “liberty of the individual” the esteemed jurist, who held degrees from both McGill University and the University of London, had in mind when he invoked the past of Palestine is not entirely clear. He could not have possibly meant liberty under the Ottoman regime which prevailed until 1918. Ottoman rule in Palestine was authoritarian, feudal and corrupt.


2019 ◽  
Vol 8 (2) ◽  
pp. 151-159 ◽  
Author(s):  
Roos Haer ◽  
Johannes Vüllers ◽  
Nils B. Weidmann

AbstractThis article introduces the special issue on the micro-level dynamics of civil wars. Until recently, most empirical work on these conflicts and their consequences has focused on the level of the sovereign state. In contrast, a micro-level approach is categorized by three distinct—albeit intertwined—features: a disaggregation by actors, time and space, interdisciplinarity, and the reliance on a set of different methods for the collection of data. The contributors to this special issue illustrate different approaches to the study of micro-level dynamics. The first part of the Special Issue provides new insights into the international level of civil war affects local conflict dynamics. The second part of the Special Issue is focused on the dynamics occurring at the group and the individual level. The diverse range of contributions to this Special Issue not only illustrate the scientific potential of the individual approaches to micro dynamics of armed conflict, but also the more general contributions that this kind of approach can offer to peace and conflict studies.


Author(s):  
Fox Hazel ◽  
Webb Philippa

This chapter considers the immunities of individuals; including the head of State, head of government, the Foreign Minister, officials when on special missions, and other personnel in the service of the State to whom immunity is accorded. Immunity based on the nature of the act is sometimes called ratione materiae as compared to ratione personae, which is based on the status of the State that performs the act. But, given that, unlike the individual who may cease to serve, lapse of time is generally irrelevant to the State (who under the restrictive doctrine remains a State throughout), and in order to avoid confusion these terms are confined to immunity enjoyed by State officials.


2016 ◽  
pp. 115-132
Author(s):  
Maria João Guia

Citizenship functions not only to connect the individual to the sovereign state, but acts to induce feelings of belonging to a certain society. In this scope, managing the irregularity of migrants positions citizenship as a form of gatekeeping, controlling access to society and restraining those who seek it from accessing social membership.In this article, I outline the process by which European stratified citizenship has resulted in the loss of access to rights. This outline will serve to demonstrate how irregularity management strategies, be they high intensity criminalisation strategies as reflected throughout the EU or low intensity with integration measures as seen in Portugal, cumulate in the denial (or concession) of certain categories of people from citizenship.https://doi.org/10.14195/1647-6336_15_6


2021 ◽  
Vol 4 (1) ◽  
pp. 292-299
Author(s):  
Mahendar Kumar

Abstract The paper is intended to highlight the key tenets of Szellemiism including education, experience and wisdom and interactions of all three and how Szellemiism can be adopted in the society by creating new social classes, institutional mechanism and social contract. Moreover, Szellemiism emphasizes upon creating the right economic, social and political balance between intellectuals and non-intellectuals. Szellemiism explicitly rejects the idea of equal voting for all eligible citizens, rather it promotes idea of weightage voting based on one’s understanding of environment by objectifying three main elements, one’s education, one’s experience and one’s wisdom by using latest technology of artificial intelligence(AI). Following that philosophy, the three key institutions should be developed including parliament, senate and council of intelligentsia. Afterwards, those three collectively choose the head of state as, the majority tyranny is avoided at each and every stage of intellectocracy and the best among the all is chosen to tackle with complicated and sophisticated national and international challenges. Moreover, Szellemiism supports the idea of a new social contract that ensures timely health, education and livelihood support to the individual by the state but by allowing the state to get maximum private information about one’s self. Hence, the paper concludes that, the new slogan of 21st century would be “Maximum state support with maximum private information”.


The position of close connection between the concepts of «national identity» and the concept of «sovereignty» is defended. Emphasis is placed on the fact that in Ukraine the issue of national identity is often related to its ethnic and cultural component. After all, the basis for the formation of national identity after the collapse of the USSR was ethnic identity, mainly due to the fact that in the days of the Soviet state there was no fully developed civil society. But since for a modern nation that integrates into the European community, the civic component of national identity is no less important than ethnic, the next step in its crystallization should be the «cultivation» of a mature civil society. It is articulated that the latter consists of sovereign, educated individuals on whom social (people's) sovereignty depends, which in democratic countries is essentially and procedurally provided by the rule of law and, ultimately, creates the subjectivity and sovereignty of the latter. It is noted that one of the important functions of a sovereign state is the ability to recreate its own national identity. And for a democratic state, it is important to provide everyone with the opportunity to make a conscious and free choice of his identity. After all, when there is a possibility of conscious choice, then a mature civil society is formed, ready to defend its own national identity, as the latter will be formed in its own coordinate system of citizens, rather than under duress, which is more typical of authoritarian and totalitarian states. Which, ultimately, will ensure the stability, subjectivity and sovereignty of the state at both the domestic and foreign policy levels. Emphasis is placed on the fact that the nation is a natural community, and the natural community does not have the ability to articulate the problem of the sovereignty of the individual, which is based on the concept of natural rights. The implementation of the latter can be ensured only by the rule of law under the influence of civil society. The implementation of the latter can be ensured only by the rule of law under the influence of civil society. Therefore, the modern national identity in Ukraine can be formed in the context of European traditions, if the full implementation of both ethnic and civic components.


PMLA ◽  
1975 ◽  
Vol 90 (3) ◽  
pp. 395-413 ◽  
Author(s):  
Camille W. Slights

AbstractRenaissance English casuistry, the branch of moral philosophy that applies general principles to particular cases, supplies a significant context for Milton’s Samson Agonistes. In subject matter, structure, and language, Milton’s tragedy resembles the prose cases of conscience in which casuists showed how to overcome doubt and despair and gain peaceful consciences by resolving difficult moral problems. Such casuistical concepts as the supremacy of the individual conscience, the relevance of circumstances to moral law, and the role of reason in resolving doubt illuminate the conflicting moral judgments that form the dramatic texture of Samson Agonistes. Samson learns how to judge his own actions in particular circumstances, and by doing so, learns to repent of his past sin, overcome his sense of powerlessness, and act with a clear conscience. The drama goes beyond conventional casuistry in its uncompromising assertion of the supremacy of the individual conscience and its unflinching recognition of the tragic limits of human power.


Author(s):  
Vladimir N. Eltsov ◽  
Olesya N. Kozodaeva

The history of the development of legislation on criminal liability for crimes of a terrorist nature in Russia has changed. The modern perception of the criminal phenomenon under consideration, as we note, is reduced to the ideology of violence, the motivation and goals of which depend on what is at its core, for example, politics, religion, racism, and so on. The analysis of legislative acts before the October revolution of 1917 allows us to identify the objects of terrorist influence (representatives of the authorities, the gov-ernment, the head of state) and the methods of committing such criminal at-tacks (deliberate arson, explosion), which in practice had a certain criminal legal significance for the qualification and appointment of punishment. The work focuses on the fact that only some provisions of the articles of the Rus-sian Pravda, the Sudebnik of 1497 and 1550, the Pskov and Novgorod Court Documents, the Cathedral Code of 1649, the Military Code of 1715, the Code on Criminal and Correctional Punishments of 1845 contained signs of terrorist actions. In the course of the study, we conclude that no legislative act of the pre-Soviet period contained a terminological base that defines terrorist crimes as such. The wave of terror in the 19th–20th centuries. it resulted in the mass death of people and the commission of a number of other acts. Deliberate arson and explosions cause intimidation and cause significant damage to the interests of the individual, society and the State. The research in the scientific work shows that terrorism as an independent type of crime has been legally regulated since 1992.


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