Sieyès via Rousseau

2020 ◽  
pp. 56-76
Author(s):  
Joel Colón-Ríos
Keyword(s):  
French Revolution ◽  
Constitutional Reform ◽  
General Will ◽  
Constituent Power ◽  
Legislative Power ◽  
The Third ◽  
The Creation ◽  
Law Making ◽  
Legal Force

This chapter traces the gradual emergence of the distinction between the constituted and the constituent power in the work of Sieyès, using Rousseau as the main source of comparison. It examines how Sieyès constructed constituent power as an extra-legal force and identifies the key juridical implications of his views. Part I briefly considers some uses of the term ‘constituent power’ before Sieyès and outside the context of the French Revolution. Part II examines Sieyès’ early pamphlets, where he puts forward his initial understanding of the power to be exercised by the nation’s representatives in the Estates-General. This approach, it will be seen in Part III, led him to propose the creation of a supreme constitution that ensured that the (representative) law-making power acted consistently with the general will. Part IV of the chapter focuses on Sieyès’ main published work, What is the Third Estate?, which contains a more developed formulation of the distinction between constituent and constituted power, as well as about the nature of representation. In that work, one can also see a transformation of Sieyès’ conception of the legislative power, one that brought him further than ever away from Rousseau. Finally, the chapter considers the role of extra-ordinary representatives in Sieyès’ conception of constitution-making and constitutional reform.

Between Law and Revolution

2020 ◽  
pp. 77-100
Author(s):  
Joel Colón-Ríos
Keyword(s):  
French Revolution ◽  
18Th Century ◽  
Constitutional Reform ◽  
Constitutional Change ◽  
Constituent Power ◽  
Late 18Th Century ◽  
Power Part ◽  
The Relationship ◽  
The French Revolution

Although the origins of the theory of constituent power are generally placed in the French Revolution, the different legal and institutional implications associated with it in late 18th-century France are seldom explored. This chapter engages in such an exploration by focusing on two institutions that were rejected by Sieyès: the imperative mandate and (decision-making) primary assemblies. Part I focuses on Sieyès’ proposals about constitution-making and constitutional reform after 1789. Part II of the chapter examines the role of citizen instructions in late 18th-century France. Sieyès saw citizen instructions as radically inconsistent with the very idea of representation; they were abolished very early in the Revolution. In so doing, it will be shown, French revolutionaries altered in fundamental ways not only the relationship between electors and representatives, but the very nature of what counts as an exercise of constituent power. Part III focuses on the role of primary assemblies during the more radical stages of the French Revolution (namely, 1792–1793). The approach to primary assemblies found in both in the Constitution of 1793, as well as in the Girondin Draft Constitution, reflected in important ways Rousseau’s conception of those entities as a key mechanism of democratic constitutional change. This approach to constitutional change will be contrasted with that of Sieyès, who saw primary assemblies as the site for the exercise of the much more modest ‘commissioning power’, the power to elect those seen as capable of identifying the nation’s constituent will.

The Telework as an Organizational Innovation in the Entities of the Third Sector

2017 ◽  
pp. 570-584
Author(s):  
Ángel Belzunegui ◽  
Amaya Erro-Garcés ◽  
Inma Pastor
Keyword(s):  
Organizational Innovation ◽  
Social Economy ◽  
Third Sector ◽  
The Third ◽  
The Social ◽  
Response Capacity ◽  
Traditional Organization ◽  
The Creation ◽  
The Third Sector

This article discusses the role of the telework as an organizational innovation incorporated to the activities of the third sector as well as in the creation of networks and links between these entities. The telework has become a tool that has produced important changes in the traditional organization of the work, and has improved the inter- and intra-organizational communication, in addition to promoting the creation of extensive networks of collaboration in the third sector. The online connection and the provision made in telework mode have also served for the creation of a higher density of contacts between the entities that are grouped in the third sector, done so that it benefits the transmission of information and collaborative practices in providing services to the citizens. Its effectiveness consists in the speed that prints the response capacity of the social economy entities.

1. Inventing the Presidency

2013 ◽  
Author(s):  
Charles O. Jones
Keyword(s):  
United States ◽  
The United States ◽  
Creative Work ◽  
Policy Debate ◽  
Trial And Error ◽  
Considerable Debate ◽  
The Subject ◽  
The Creation ◽  
Law Making

The creative work involved in writing the Constitution of the United States in Philadelphia in 1787 has been interpreted and analysed in political and policy debate ever since. ‘Inventing the Presidency’ considers how the Founders of the United States tried to create unity in a separated system. Why was the title of president selected? What was the role of president going to look like? How long should the single executive serve? Should the person be term-limited? Providing a legislative or law-making role for the president was the subject of considerable debate at the beginning. Inventors solve problems: they tinker until they have a workable device. The creation of the presidency was a process of trial and error.

Competences of successors of the modern family businesses

2018 ◽  
Vol 46 (1) ◽  
pp. 9-18
Author(s):  
Dr Mariola Dźwigoł-Barosz
Keyword(s):  
Emotional Intelligence ◽  
Leadership Competencies ◽  
Family Businesses ◽  
Significant Part ◽  
Third Generation ◽  
The Third ◽  
Efficient Management ◽  
Modern Family ◽  
The Creation

Experience shows that 50 percent of family businesses will cope with the succes-sion-related problems, and only 15 percent will cope with transferring the company to the third generation. The article pre- sents the issues related to the competencies of the successors of the modern family com-panies, and in particular, the importance of leadership competencies. The Author empha-sises the role of emotional intelligence, which is a significant part of the successor’s com-petencies and the competencies related to education and socialisation. These considera-tions are complemented with the creation of a profile of successors’ competencies that condition efficient management of the modern family companies, which has been devel-oped on the basis of the studies cited by the authors and the results of the Author’s own studies.

THE VALUE OF DISPOSSESSION: RETHINKING DISCOURSES OF SELFHOOD IN EIGHTEENTH-CENTURY FRANCE

2005 ◽  
Vol 2 (3) ◽  
pp. 299-326 ◽  
Author(s):  
CHARLY J. COLEMAN
Keyword(s):  
Eighteenth Century ◽  
French Revolution ◽  
The Self ◽  
General Will ◽  
Christian Mysticism ◽  
Saint Martin ◽  
Love Of God ◽  
The French Revolution

In Enlightenment-era France, theologians, philosophers, and politicians contested the nature and prerogatives of human personhood with particular vehemence. Yet historians have tended to reduce these struggles to a narrative of ascendant individualism. This essay seeks to recover non-individualist formulations of the self in eighteenth-century France, and, in doing so, to offer a more nuanced account of subjectivity during the period. Out of debates over Christian mysticism, radical philosophy, and republican politics emerged two distinct and conflicting modes of formulating the self 's relationship to its ideas and actions. On one side, mainstream philosophes joined Descartes, Locke, and orthodox Catholic theologians in elaborating the individual's capacity to accumulate existential goods in terms of a discourse of self-ownership. Opposition to this view, in contrast, challenged such claims by employing a discourse of dispossession, which stressed the human person's resignation to, and ultimate identification with, a totalizing force outside the self. The essay traces a specific genealogy of this discourse in the writings of Fénelon, Rousseau, and the Illuminist theologian Louis-Claude de Saint-Martin, in the context of intellectual polemics ranging from the role of self-love in Christian devotion to the virtues of self-sacrifice in a republican polity. If the Fénelonian doctrine of spiritual abandon called on believers to surrender their particular desires in the love of God, Rousseau likewise demanded that citizens place their property and their persons under the direction of the general will. Saint-Martin, for his part, applied Rousseau's politics of alienation to his vision of a theocratic republic in the wake of the French Revolution, thereby posing the mystic ideal of dispossession as a means of transforming the self and its world along communal, rather than individualist, lines.

Of Constituent Nations

2020 ◽  
pp. 101-126
Author(s):  
Joel Colón-Ríos
Keyword(s):  
French Revolution ◽  
Common Good ◽  
Electoral Rules ◽  
Constituent Power ◽  
Spanish Constitution ◽  
The People ◽  
Different Types ◽  
The Common ◽  
The Creation ◽  
Constitution Making

This chapter examines the ways in which the debates about the nature and implications of the theory of constituent power that arose during the French Revolution reappeared in later constituent episodes. It pays particular attention to the electoral rules regulating citizen activity and to the types of constitutional forms that resulted from them. In Part I, the chapter explores the distinction between the constituent power of the people and the constituent power of the nation. From each of these notions, emanate different types of legal and institutional demands on the juridical order. After distinguishing between these two approaches, the chapter examines, in Part II, the ways in which they were (or not) put into practice in the constitution-making process that resulted in the creation of the Spanish Constitution of 1812. Part III focuses on the creation of the Venezuelan Constitution of 1811 and Part IV examines the process that led to the adoption of the Colombian Constitution of 1886. During these three processes, constituent power became an extraordinary constitution-making jurisdiction directed at the identification of the common good, and as a power that could be exercised through mechanisms that excluded important parts of the population.

The Telework as an Organizational Innovation in the Entities of the Third Sector

2014 ◽  
Vol 12 (1) ◽  
pp. 1-15 ◽  
Author(s):  
Ángel Belzunegui ◽  
Amaya Erro ◽  
Inma Pastor
Keyword(s):  
Organizational Innovation ◽  
Social Economy ◽  
Third Sector ◽  
The Third ◽  
The Social ◽  
Response Capacity ◽  
Traditional Organization ◽  
The Creation ◽  
The Third Sector

This article discusses the role of the telework as an organizational innovation incorporated to the activities of the third sector as well as in the creation of networks and links between these entities. The telework has become a tool that has produced important changes in the traditional organization of the work, and has improved the inter- and intra-organizational communication, in addition to promoting the creation of extensive networks of collaboration in the third sector. The online connection and the provision made in telework mode have also served for the creation of a higher density of contacts between the entities that are grouped in the third sector, done so that it benefits the transmission of information and collaborative practices in providing services to the citizens. Its effectiveness consists in the speed that prints the response capacity of the social economy entities.

scholarly journals KURDISH AWAKENING AND THE SYRIAN CRISIS

2012 ◽  
pp. 21-36
Author(s):  
Georgios Protopapas
Keyword(s):  
Middle East ◽  
Regional Politics ◽  
Autonomous Region ◽  
Sensitive Region ◽  
Syrian Crisis ◽  
The Third ◽  
The Creation

The Syrian crisis has been creating the preconditions for a Kurdish awakening in the sensitive region of the Middle East. The paper tries to analyse the prospects for Kurdish revolution that could redraw the borders of the Middle East with the creation of the “Greater Kurdistan”. The understanding of the greater Kurdish matter is approached through three significant parameters that relate to the regional politics and correlations. The first parameter is the Kurdish problem in Turkey and the role of the separatist organisation called “Worker Party of Kurdistan” (PKK), the second one is the Iraqi Northern Kurdistan a semi-autonomous region that could be used as precursor of the “Greater Kurdistan” and the third one relates the possibility of the Kurdish minority to create an autonomous Kurdish enclave in Syria. Nonetheless, there is no apparent and coordinated effort by the different Kurdish communities towards the creation of the Greater Kurdistan through a general uprising. Sirska kriza ustvarja razmere za kurdsko vstajo v občutljivi regiji Bližnjega vzhoda. Avtor v članku poskuša analizirati možnosti za kurdsko revolucijo, ki bi lahko spre- menila meje Bližnjega vzhoda z oblikovanjem velikega Kurdistana. Za razumevanje širše problematike Kurdistana uporabi tri glavne parametre, ki so povezani z regio- nalno politiko in medsebojnimi odnosi. Prvi parameter je problem Kurdov v Turčiji in vloga separatistične organizacije, imenovane Delavska stranka Kurdistana (PKK). Drugi parameter je iraški Kurdistan na severu države, deloma avtonomna pokrajina, ki bi lahko pomenila predhodnico velikega Kurdistana, tretji parameter pa je povezan z možnostjo, da kurdska manjšina ustvari avtonomno kurdsko enklavo v Siriji. Vendar pa ni zaznati očitne in usklajene namere različnih kurdskih skupnosti, da skozi vsesplošno vstajo ustanovijo veliki Kurdistan.

scholarly journals The role of the natural law in the French second colonial Empire. The example of the French colonial law in Algeria (1830-1930)

2021 ◽  
Vol 65 (3) ◽  
pp. 141-181
Author(s):  
Amar Laidani
Keyword(s):  
French Revolution ◽  
Natural Law ◽  
Private Property ◽  
Customary Law ◽  
The Reformation ◽  
Colonial Empire ◽  
History Of ◽  
French Colonial ◽  
Law Making

The article examines the role played by the natural law in the History of French colonial law during the Second French colonial Empire. We analyse how the notion of the natural law, which was perceived as an instrument of emancipation during the French Revolution, became an instrument of legal acculturation in the French colonial law in Algeria. We focus the attention on the case of Algeria during the period 1830-1930, for the reason that in this colony, the French tried to apply a policy of legal assimilation that tried to modify the Muslim law and the Kabyle customary law, making them more similar to the French law. The natural law had an important role in three phenomena: the implantation of private property, the codification of the Kabyles’ customs and the Muslim Law and the reformation of the customary law in the matters of inheritance and marriage.

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