Law and Public Reason

Hegel's Value ◽  
2021 ◽  
pp. 276-319
Author(s):  
Dean Moyar
Keyword(s):  
Civil Society ◽  
Public Reason ◽  
Mutual Recognition ◽  
The State ◽  
Court System ◽  
Legislative Power ◽  
Limited Role ◽  
Standards Of Evidence ◽  
Legal Positivist ◽  
The Law

This chapter provides an account of Hegel’s conception of the law and of the law’s realization within Civil Society and the State. It is argued that Hegel is a legal positivist because he holds that right is binding only when it has been promulgated as law, and that law can be valid even if it does not measure up to the standard of right. The chapter gives an account of Hegel’s contextualism and shows that he is committed to an essential but limited role for philosophy in determining the content of the law. Ultimately Hegel’s view is best understood as a public reason conception of the rationality of law. The court system is a prototype of public reason in that its goal is to guarantee standards of evidence and publicity in a setting of mutual recognition. The chapter argues that Hegel does believe in the need for a written constitution, and that his view of the legislative power is a further elucidation of public reason based on the idea of representative interests.

Hegel's theory of international politics: a reply to Jaeger

2003 ◽  
Vol 30 (1) ◽  
pp. 149-152 ◽  
Author(s):  
Thom Brooks
Keyword(s):  
Civil Society ◽  
International Politics ◽  
Mutual Recognition ◽  
The State

Hans-Martin Jaeger argues in this Journal that Hegel endorses a ‘reluctant realism’, whereby Hegel's theory of international politics institutionalises a transnationalising civil society of states. In Jaeger's view, Hegel's conception of individuals in civil society is analogous to states in international politics. On the contrary, I argue Hegel's conception of abstract right is far more commensurable with his theory of international politics. The mutual recognition existing in civil society – which helps to produce legal relationships – does not exist beyond the state where there are no legal relationships. Thus, Hegel is a realist of a more familiar sort, without any ‘reluctance’.

scholarly journals THE PEOPLE AND THE STATE AUTHORITIES: THE ANALYSIS OF THE INTERACTION AND COOPERATION IN THE THEORETICAL LEGACY V. N. LESHKOV

2018 ◽  
Vol 6 (3) ◽  
pp. 26-30
Author(s):  
Тимур Чукаев ◽  
Timur Chukaev
Keyword(s):  
Civil Society ◽  
Law Enforcement ◽  
Public Administration ◽  
The State ◽  
First Century ◽  
Legal Research ◽  
Methodological Basis ◽  
The People ◽  
General Scientific ◽  
The Law

The Article is devoted to the theoretical and legal heritage of the prominent Russian lawyer Vasily Nikolaevich Leshkov (1810–1881), his ideas about society as a subject of public administration, about the interaction of civil society and the police as subjects of the implementation of the law enforcement function. The methodological basis of the research is general scientific (historical, systemic, functional) and special (formal-legal, historical-legal, comparative-legal) methods of legal research. A theoretical legacy, V. N. Leshkov, which contemporaries did not understand, and the descendants of the forgotten, to comprehend the researchers in the twenty-first century.

scholarly journals Minorities, Territories and the Law of Ownership. Back to Basics and the Way Forward

2021 ◽  
Vol 11 (11) ◽  
Author(s):  
Francesco Palermo
Keyword(s):  
International Law ◽  
Minority Group ◽  
Public Law ◽  
The State ◽  
Nation State ◽  
Private Law ◽  
Limited Role ◽  
The Law ◽  
Point Of Reference ◽  
The Way

In public law, the concept of property plays, arguably, a much more limited role than in private law. At a closer look, however, a rather different picture emerges. In fact, in public (national and international) law, property is less (if at all) regulated, but not less important than in private law. Rather, it is implicitly assumed and developed in collective rather than individual terms. Especially in the nation state construct, territory is the property of a state and the state is the property of a group of people (the dominant nation), whose power to control a territory is called sovereignty. For this reason, when the question emerges of how to deal with a territory predominantly inhabited by a minority group, the answers by different actors involved might be diametrically opposite. This is essentially because the link between people and territory is always framed in terms of ownership: who “owns” a territory? And how to deal with those who inhabit the territory without (being seen as those) owing it? This essay explores the responses to such questions. The focus will be on challenges posed by autonomy regimes as instruments for the accommodation of minority issues, including the evolving concept of territory. Against this background, the different understandings of the link and the recent practice of selected international bodies will be analysed, leading to some concluding remarks. It will be argued that territory is an unavoidable point of reference, but many aspects are not sufficiently addressed, such as the issue of the addressees of such arrangements, the evolution that minority-related concepts are facing in the present era, marked by the challenge of diversity and the overall understanding of territorial arrangements.

scholarly journals Human Rights as an Element of Mutual Recognition and Equality of Opportunity

Politeja ◽  
2021 ◽  
Vol 18 (2(71)) ◽  
pp. 95-114
Author(s):  
Bartosz Wojciechowski
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Significant Role ◽  
Mutual Recognition ◽  
Equality Of Opportunity ◽  
Cross Cultural ◽  
Cultural Consensus ◽  
Equal Opportunities ◽  
State Institutions ◽  
The Law

The fact of multiculturalism or pluralism plays a significant role in forming the law as well as in the functioning of various state institutions, hence human rights take a lead in the protection of the rights of minorities or discriminated groups. Considering these problems in my article, I formulate the thesis that arguments for the justification of human rights should be sought in the principle of mutual recognition, which is an expression of a cross-cultural consensus, an individualistic conception of a person, and equal opportunities as universal premises for these rights. Such assumptions expressed in human rights – whether justified or even framed in an innovative way – are the main force shaping a cosmopolitan civil society.

scholarly journals State Authority and Public Trust in National Zakāh Management: Historical Lessons, Fiqh Discourse, and International Comparison

2021 ◽  
Vol 3 (02) ◽  
pp. 1
Author(s):  
Yusuf Wibisono
Keyword(s):  
Civil Society ◽  
International Comparison ◽  
Islamic Law ◽  
Public Trust ◽  
The State ◽  
Important Conclusion ◽  
Muslim Countries ◽  
State Authority ◽  
The Law ◽  
Ultimate Objective

The aspect of <em>zakāh</em> management or administration is not regulated extensively in Islamic law. Since the dawn of Islam, <em>zakāh</em> management has become the field of <em>ijtihād</em> based on<em> mashla</em><em><span style="text-decoration: underline;">ḥ</span></em><em>ah</em>. And today, the practice of <em>zakāh</em> management in contemporary Muslim countries has been incarnating a wider area of experiment. In contemporary Indonesia, the Law Number 23 Year 2011 concerning <em>Zakāh</em> Management has been passed. This law, which become effective since 2016, caused upheaval within national Islamic philanthropy sector since it regulates national <em>zakāh</em> management currently dominated by civil society, based on “classical <em>fiqh</em> opinion” that only the state has authority to manage <em>zakāh</em>. This paper lift up an important conclusion that <em>zakāh</em> management entirely by the state is not be in effect unconditionally, but with many of qualifications. Moreover, the effectiveness of <em>zakāh</em> management by state relies heavily on the level of public trust against government, not by enforcement of the state. <em>Zakāh</em> management by the state is merely an instrument, not the goal itself. The ultimate objective that must be pursued is the delivery of <em>zakāh</em> to those who deserve it with optimum benefits.

scholarly journals Community policing as characteristic of the modern state governed by the rule of law

2019 ◽  
Vol 2019 (4) ◽  
pp. 26-36
Author(s):  
Kirill Lavrinovich
Keyword(s):  
Civil Society ◽  
Law Enforcement ◽  
Public Relations ◽  
Rule Of Law ◽  
Community Policing ◽  
The State ◽  
Practical Significance ◽  
Modern State ◽  
The Rule Of Law ◽  
The Law

The relevance of the research topic are conditioned by the theoretical and practical significance of issues affecting the theoretical, methodological, sociopolitical and practical aspects of the problem of the interaction between the police and civil society institutions in the state governed by the rule of law. These questions are connected with the need to comprehend modern practice to develop new conceptual provisions and dogmatic decisions that are appropriate to the modern conditions. During historiographical analysis it was revealed that the experience of interaction between the police and civil society institutions in the modern states governed by the rule of law in the implementation of the law enforcement function of the state has not been adequately studied and evaluated. The object, subject and purpose of the study were determined in accordance with the current state of legal science. The object of the study was public relations that arise in the field of ensuring the protection of public order, freedom and security of society, state and individual. Police that carries out law enforcement activities on a professional basis and citizens who are actively involved in the implementation of the law enforcement function in the modern state are the subjects of these public relations. Ideas about the main directions and forms of cooperation between police and citizens in the implementation of the law enforcement function of modern states have formed the subject of research. The aim of the study was theoretical and legal analysis of the concept of community policing, which today is the basis for the interaction between the police and civil society institutions in the implementation of the law enforcement function in many modern states. The research methodology was a combination of general scientific (historical, systemic and functional) and special (formal-legal, historical-legal, sociological, comparative state science) methods. The result of the study was the conclusion that the concept of community policing is based on the activities of authorized police agencies to implement the law enforcement function in a modern state governed by the rule of law. These activities are aimed at implementing a model of social partnership and focused on solving specific problems that arise in society.

The local state in post-war Mozambique: political practice and ideas about authority

Africa ◽  
1997 ◽  
Vol 67 (1) ◽  
pp. 1-26 ◽  
Author(s):  
Jocelyn Alexander
Keyword(s):  
Civil Society ◽  
Rural Areas ◽  
The State ◽  
Political Practice ◽  
Administrative Authority ◽  
History Of ◽  
The Law ◽  
Post War ◽  
Traditional Authorities

The article explores the ways in which post-independence political practices in Mozambique's rural areas have shaped attitudes towards official authority, and considers the legacy of those attitudes for the recently promulgated Municipalities Law. The law will transfer a range of state functions to elected district institutions, and grant a greater role to ‘traditional authorities’ (chiefs). Mozambican officials and academics see the law—and decentralisation more widely—as a means of making the state more efficient and more responsive to local needs. However, drawing on case study material from Manica Province, the article argues that neither the Frelimo party-state, nor the opposition military movement Renamo, inculcated a political practice which prepared the way for democratic demands. Nor are chiefs likely to represent community interests effectively. In Manica's rural areas ‘local leaders’ such as businessmen, political party leaders, chiefs and church leaders strongly associate official authority with a level of wealth and education that they do not possess, and which consequently exclude them from holding such positions. They also see elections as potentially destabilising. While there is a strong popular desire for chiefs to resume various roles, officials (and chiefs themselves) usually see their future in terms of a late colonial model, i.e. as an extension of administrative authority. Academic literature on democratisation and civil society often posits an opposition between state and civil society, and democratic aspirations within civil society. However, local attitudes towards authority in Manica Province were strongly based in the history of political practice, and are not necessarily sympathetic to democratic ideals. Nor is there a clear opposition between what has often been called ‘civil society’ and the state: individuals moved in and out of association with official authority; leaders of ‘civil society’ often sought to become part of, not to oppose, the state.

Hegel's reluctant realism and the transnationalisation of civil society

2002 ◽  
Vol 28 (3) ◽  
pp. 497-517 ◽  
Author(s):  
Hans-Martin Jaeger
Keyword(s):  
Civil Society ◽  
International Relations ◽  
International Politics ◽  
Mutual Recognition ◽  
Self Regulation ◽  
The State ◽  
External Relations ◽  
Realist Interpretation ◽  
The Absolute ◽  
International Anarchy

Qualifying a realist interpretation, this essay argues that the dialectical involvement of the state as an individual with its external relations exposes international politics as a matter of both anarchy and war, and mutual recognition and practical morality among states in Hegel's theory of international relations. With the absolute distinction between internal community and external anarchy removed, Hegel's account of civil society becomes relevant to his theory of international relations. Both as an analogy and concretely, it provides indications for a partial transcendence of sovereign statehood and international anarchy by institutionalised co-operation and political (self-)regulation in a transnationalising civil society.

scholarly journals NON-STATE SUBJECTS IN POLICE ACTIVITIES

2018 ◽  
Vol 2 (83) ◽  
pp. 16
Author(s):  
Aleksandrs Matvejevs
Keyword(s):  
Civil Society ◽  
Law Enforcement ◽  
State Policy ◽  
Public Organizations ◽  
The State ◽  
Private Enterprises ◽  
Civil Structures ◽  
The Law ◽  
The Republic ◽  
Police Activity

In this article, the author considers the non-state subjects of the police activity. In the article sums the position theoretical inclusion of civil structures in the law-enforcement system taking into account modern tendencies of development of relations in the Republic of Latvia, namely: the state policy of development and support of the institutions of civil society. Police activities are carried out by various actors: the police, public organizations, private enterprises, individual citizens. Together, they form a system of subjects of police activity, defining the place in which the police bodies occupy themselves as special executive bodies.

scholarly journals Public interest litigation and the civil society factor

Legal Studies ◽  
2018 ◽  
Vol 38 (4) ◽  
pp. 515-528
Author(s):  
Harriet Samuels
Keyword(s):  
Civil Society ◽  
Criminal Justice ◽  
Public Interest ◽  
Judicial Review ◽  
Review Process ◽  
The State ◽  
Third Party ◽  
Public Interest Litigation ◽  
Civil Society Organisations ◽  
The Law

AbstractThis article explores civil society organisations’ (CSOs) participation in judicial review proceedings. This became contentious when the Ministry of Justice announced that it intended to reform the judicial review process, and suggested changes to the law on standing and third-party interventions. Ultimately, the Criminal Justice and Courts Act 2015 did not amend the law in these areas, but has arguably made it more difficult for CSOs to engage in public interest litigation. Attempts to restrict the access of CSOs to judicial review need to be seen in the context of the shifting relationship between CSOs and the state, and differing perspectives on their function. If CSOs are to continue to take part in judicial review cases they need to justify their presence in terms of their expertise and on the ground knowledge. It is argued that deliberative, dignitarian and more general theories about the nature of civil society may well establish a basis for CSOs’ continued presence in judicial review litigation.

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