Epilogue

2021 ◽  
pp. 239-248
Author(s):  
David Lloyd Dusenbury

According to Jean-Jacques Rousseau, the Roman trial of Jesus is the origin of Christian Europe’s fissile politics. Yet it seems to have gone unremarked in the literature on Rousseau’s thought that he rejects the Christian political legacy on the strength of his interpretation of Jesus’ Roman trial. Rousseau cites this trial at a critical moment of his Social Contract: “Jesus came to set up on earth a spiritual kingdom, which, by separating the theological system from the political system, led to the state’s ceasing to be one, and caused the internal divisions which have never ceased to convulse Christian peoples.” Salient in Rousseau’s theory of history is the moment when Jesus testifies to what he calls a “so-called kingdom of the other world” (prétendu royaume de l’autre monde). And when is that? None of Rousseau’s eighteenth-century readers could have failed to hear, in this, Jesus’ utterance before Pilate: “My kingdom is not of this world” (John 18:36). This is Jesus’ world-historical idea which, in Rousseau’s words, “could never have entered the head of pagans”.

Percurso ◽  
2019 ◽  
Vol 1 (28) ◽  
pp. 341
Author(s):  
Fabiana CARICAT ◽  
Clayton REIS

RESUMO O presente trabalho faz uma análise sobre as condutas éticas e a responsabilidade civil do advogado, caracterizada como sendo subjetiva, contratual e sua obrigação de meio. Analisando a responsabilidade pré-contratual, contratual e pós-contratual do advogado, consoante a normativa civil e o Código de Ética e Disciplina da Ordem dos Advogados do Brasil é possível identificar o que se espera do profissional, no exercício desta atividade indispensável à Justiça, ao Direito e a sociedade, como também identificará várias condutas do advogado que pode fazer nascer a obrigação de reparar o dano causado. PALAVRAS-CHAVE: Advogado; Contrato; Ética; Responsabilidade; Dano. ABSTRACT The present work analyzes the Theory of Separation of Powers and the System of Brakes and Counterweights, as a way of preserving the autonomy and independence of each of the powers and allowing mutual control and control, avoiding mismanagement and abuse. This classic theory, structured by the Baron de Montesquieu, has now been severely mitigated by the strengthening of the judiciary over the others, called to analyze causes of the most varied themes, alleging inefficiency of the legislature and executive and the need to rights and guarantees. In addition, it was found that, instead of the Judiciary, it endeavored to combat the crisis of parliamentary representation and disenchantment with the political system set up, bearing in mind the conception of harmony and independence between the three powers, which in fact occurred was the supremacy of the Judiciary over the other powers. KEYWORDS: Lawyer; Contract; Ethics; Responsibility; Harm.


Author(s):  
Anatolii Petrovich Mykolaiets

It is noted that from the standpoint of sociology, “management — a function of organized systems of various nature — (technical, biological, social), which ensures the preservation of their structure, maintaining a certain state or transfer to another state, in accordance with the objective laws of the existence of this system, which implemented by a program or deliberately set aside”. Management is carried out through the influence of one subsystem-controlling, on the other-controlled, on the processes taking place in it with the help of information signals or administrative actions. It is proved that self-government allows all members of society or a separate association to fully express their will and interests, overcome alienation, effectively combat bureaucracy, and promote public self-realization of the individual. At the same time, wide direct participation in the management of insufficiently competent participants who are not responsible for their decisions, contradicts the social division of labor, reduces the effectiveness of management, complicates the rationalization of production. This can lead to the dominance of short-term interests over promising interests. Therefore, it is always important for society to find the optimal measure of a combination of self-management and professional management. It is determined that social representation acts, on the one hand, as the most important intermediary between the state and the population, the protection of social interests in a politically heterogeneous environment. On the other hand, it ensures the operation of a mechanism for correcting the political system, which makes it possible to correct previously adopted decisions in a legitimate way, without resorting to violence. It is proved that the system of social representation influences the most important political relations, promotes social integration, that is, the inclusion of various social groups and public associations in the political system. It is proposed to use the term “self-government” in relation to several levels of people’s association: the whole community — public self-government or self-government of the people, to individual regions or communities — local, to production management — production self-government. Traditionally, self-government is seen as an alternative to public administration. Ideology and practice of selfgovernment originate from the primitive, communal-tribal democracy. It is established that, in practice, centralization has become a “natural form of government”. In its pure form, centralization does not recognize the autonomy of places and even local life. It is characteristic of authoritarian regimes, but it is also widely used by democratic regimes, where they believe that political freedoms should be fixed only at the national level. It is determined that since the state has achieved certain sizes, it is impossible to abandon the admission of the existence of local authorities. Thus, deconcentration appears as one of the forms of centralization and as a cure for the excesses of the latter. Deconcentration assumes the presence of local bodies, which depend on the government functionally and in the order of subordination of their officials. The dependency of officials means that the leadership of local authorities is appointed by the central government and may be displaced.


Author(s):  
Michael A. Bailey ◽  
Forrest Maltzman

Justices have considerable latitude to pursue either their personal preferences or their personal visions of the law. The danger is that the Court gets so far out of line from the rest of the political system that we see fundamental institutional showdowns that threaten the independence of the judiciary, such as the Court-packing controversy in the 1930s. If the elected branches influence justices, however, they can keep the Court in check, thereby attenuating such risks. This chapter tests whether the Court systematically yields to the elected branches. In particular, it examines whether individual justices vote differently when the constraints imposed by the executive and legislative branches are likely to be at their strongest. It focuses on the two versions in the literature: one in which the Court is constrained only on statutory cases and the other in which the constraint extends to all cases, including constitutional cases.


Res Publica ◽  
1970 ◽  
Vol 34 (2) ◽  
pp. 175-207
Author(s):  
Bart Maddens

Voters probably do not take a series of relevant issues into consideration but rather vote on the basis of the few issues that happen to be on their minds at the moment of the decision. Issue salience, i.e. the availability of issue-schema's, is to a certain extent determined by the political communication during the election campaign. A content analysis of the debates during the 1991 campaign shows that the socio-economic issues, the ethnic issue and the immigrant issue were on top of the agenda. A similar analysis of the party political broadcasts and the ads in the national newspapers indicates that the parties tried to focus the campaign on the socio-economie issues (christian-democrats, socialists), the functioning of the political system (socialists, liberals) and to a much lesser extent on the environmental issue (greens) and the communal issue (left-wing and right-wing Flemish nationalists). Only the latter nationalist party attempted to prime the immigrant issue. Survey data show that this issue was exceptionally salient in the electorate, as were the ethnic issue and the political system issue.


1970 ◽  
Vol 2 (1) ◽  
pp. 7-13
Author(s):  
Andrzej Zoll

The changes brought about in Poland and elsewhere in Europe by the fall of Communism have given rise to hopes for the establishment of a political system differing from the one which had been the fate of these countries. In place of totalitarianism, a new political system is to be created based on the democratic principles of a state under the rule of law. The transformation from totalitarianism to democracy is a process which has not yet been completed in Poland and still requires many efforts to be made before this goal may be achieved. One may also enumerate various pitfalls jeopardising this process even now. The dangers cannot be avoided if their sources and nature are not identified. Attempts to pervert the law and the political system may only be counteracted by legal means if the system based on the abuse of the law has not yet succeeded in establishing itself. Resistance by means of the law only has any real chance of success provided it is directed against attempts to set up a totalitarian system. Once the powers which are hostile to the state bound by the rule of law take over the institutions of the state, such resistance is doomed to failure.


Author(s):  
Hesham Mesbah

This chapter explores how national anthems of African and non-African Arab nations reflect a collective national identity. The national anthems of 22 Arab countries were analyzed using the textual thematic analysis to identify the common attributes of national identity in these anthems and the variance in referring to political entities, national symbols, and natural artifacts according to the political system (republic vs. monarchy) in the country. The analysis shows five thematic components of the national identity presented by those anthems, with an emphasis on the themes of religion and local political leaders in the anthems of monarchies. On the other hand, republics base their identity on religion, history, and nation-related natural and national artifacts. The anthems of the republics show a higher level of complexity (thematic richness) and more tendency to use emotionally charged, forceful language, in contrast to the anthems of the monarchies.


2017 ◽  
Vol 6 (2) ◽  
pp. 128-156
Author(s):  
Karli Shimizu

From the late eighteenth century to WWII, shrine Shintō came to be seen as a secular institution by the government, academics, and activists in Japan (Isomae 2014; Josephson 2012, Maxey 2014). However, research thus far has largely focused on the political and academic discourses surrounding the development of this idea. This article contributes to this discussion by examining how a prominent modern Shintō shrine, Kashihara Jingū founded in 1890, was conceived of and treated as secular. It also explores how Kashihara Jingū communicated an alternate sense of space and time in line with a new Japanese secularity. This Shintō-based secularity, which located shrines as public, historical, and modern, was formulated in antagonism to the West and had an influence that extended across the Japanese sphere. The shrine also serves as a case study of how the modern political system of secularism functioned in a non-western nation-state.


Author(s):  
Willem Floor

To gauge the usefulness of the term tribal resurgence and to better understand its alleged symptoms—“decline of the bureaucracy” and “breakdown of central government”—it is necessary to understand the context in which it is used, i.e. within the structure of Iran’s political system. Because it is only then that we also may better understand these alleged symptoms, if these actually occurred. Therefore, I briefly outline the main characteristics of that political system, after which I discuss whether the terms “tribal resurgence” and “decline of the bureaucracy” enlighten us as to the functioning of the political system of eighteenth-century Iran.


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