The Sovereign Person

Sovereignty ◽  
2019 ◽  
pp. 96-123
Author(s):  
Hermann Heller
Keyword(s):  
Decision Making ◽  
Present Theory ◽  
The State ◽  
The Other ◽  
State Sovereignty ◽  
Legal Principles ◽  
Decision Making Unit ◽  
The Will ◽  
The One ◽  
Dominant Theory

This chapter attempts to secure a sovereign person to positivize the supreme legal principles, one who is capable of making consciously evaluative decisions. This person must, on the one hand, eventually become a real bearer of the will, while, on the other, must be an independent, law-creating authority. A person equipped with these characteristics is unknown to the present theory of the state. In Germany, the dominant theory since Hegel maintains that the sovereign person is the state; sovereignty is a characteristic of state power or, in a relationship that is not entirely clear, the state’s will or state personality. The state can only be considered the sovereign person, however, if it is seen, with objective necessity, as a unified reality of will or decision-making unit.

Sovereignty

2018 ◽  
Author(s):  
N. W. Barber
Keyword(s):  
The State ◽  
The Other ◽  
State Sovereignty ◽  
Moral Reasons ◽  
Moral Value ◽  
State Institutions ◽  
Normative Principle ◽  
The One ◽  
People Today

This chapter presents sovereignty as a normative principle but, in so doing, will also explain its descriptive aspect. The first part of the chapter connects sovereignty to an account of the state. Sovereignty captures two groups of elements that are necessary features of this institution: on the one hand, the characteristic authority claims made by the state; and, on the other, the demand that these claims be—to some extent—effective. The second part of the chapter considers the importance of sovereignty: the moral reasons that we have for creating institutions that possess its characteristics. Third, the chapter considers whether there are some situations in which sovereignty is unattractive or, perhaps, situations in which non-state institutions are preferable locations for sovereignty. The chapter concludes by arguing that for the vast majority of people today, sovereignty is of significant moral value.

scholarly journals Good governance and transparency

2020 ◽  
Vol 1 (2) ◽  
pp. 343-353
Author(s):  
Laura Vilone ◽  
Keyword(s):  
Decision Making ◽  
Good Governance ◽  
The State ◽  
The Other ◽  
Decision Making Process ◽  
Public Authorities ◽  
The Public ◽  
Public Action ◽  
Special Place ◽  
The One

The notion of “good governance” implies the special place given to the State. Such a model is defined by the effectiveness of certain guarantees such as the independence of the judiciary, the correct and fair management of expenditure but also administrative transparency. Indeed, the latter depends on the sincerity of those involved in public action, on the one hand, and the constant dialogue between the public authorities and the public, on the other hand. The purpose of this intervention is to demonstrate that the realisation of the model of “good governance” is based, above all, on the existence of an administration that fully understands the requirements of administrative transparency. The two pillars of “good governance” would thus be the foundations of the principle of transparency: communication with citizens and their participation in the process of the decision-making process.

scholarly journals Vigilando al vigilante: el Tribunal Constitucional y sus circunstancias = Guarding the guardian: The constitutional court and its circumstances

2017 ◽  
pp. 135
Author(s):  
Miguel Ángel Alegre Martínez
Keyword(s):  
The State ◽  
Constitutional Reform ◽  
The Other ◽  
Constitutional Court ◽  
Constituent Power ◽  
Spanish Constitution ◽  
The Will ◽  
Constitutional System ◽  
The One ◽  
The Guardian

<p>El escaso uso de los mecanismos de reforma constitucional ha hecho recaer sobre el Tribunal Constitucional, casi en exclusiva, la tarea de actualizar la Constitución española de 1978, a través de la interpretación evolutiva de la misma. En este trabajo, nos ocupamos, por una parte, de las dificultades a las que el Tribunal Constitucional ha tenido que enfrentarse en el desempeño de sus funciones; y, por otra, en el mayor o menor acierto en el ejercicio de las mismas. Reflexionamos sobre la delicada posición del Tribunal Constitucional, situado en el límite entre interpretar la voluntad del poder constituyente y sustituirla; así como en la frontera entre el activismo y la autocontención. Intentamos establecer la incidencia de algunas de sus decisiones sobre los problemas que afectan actualmente a nuestro sistema constitucional, en especial al Estado de las Autonomías.</p><p> </p><p>The limited use of the mechanisms of constitutional reform has made to rest on the Constitutional Court, almost exclusively, the task of updating the Spanish Constitution of 1978, through its evolutive interpretation. In this paper, we attend to, on the one hand, the difficulties to which the Constitutional Court has had to face in the development of its functions; and, on the other hand, the greater or lesser success in the exercise of the same. We reflect about the delicate position of the Constitutional Court, located on the border between interpreting the will of the constituent power or replace it; as well as on the border between activism or self-restraint. We are trying to establish the incidence of some of its decisions on the problems that currently affect our constitutional system, in particular to the State of Autonomies.</p>

scholarly journals “Confiar com um olho e desconfiar com o outro”: as negociações entre catireiros da região do Triângulo Mineiro e Alto Paranaíba

2020 ◽  
Vol 13 (3) ◽  
pp. 445-462
Author(s):  
José Vitor Palhares ◽  
Alexandre De Pádua Carrieri ◽  
Alice Oleto
Keyword(s):  
Decision Making ◽  
Qualitative Research ◽  
Discourse Analysis ◽  
Minas Gerais ◽  
The State ◽  
The Other ◽  
Structured Interviews ◽  
Other Hand ◽  
Exploratory Approach ◽  
The One

Although negotiation is regarded as one of the most fruitful business activities to address trust and honesty in decision making, studies on this topic are still necessary for the conceptual advancement of the field. This paper aims to analyze the relationships based on trust and honesty among the catireiros based in the Triângulo Mineiro and Alto Paranaíba mesoregions of the state of Minas Gerais, Brazil, in their negotiations. To achieve the proposed goal, we performed qualitative research, with an exploratory approach. Data was collected through semi-structured interviews with 31 catireiros of the Triângulo Mineiro and Alto Paranaíba regions and analyzed according to the postulates of French Discourse Analysis. We concluded that, on the one hand, honesty and trust are paramount for some catireiros and contribute to the strengthening of their prestige and reputation withing the groups in which they are inserted. In other words, these values operate as a way of legitimizing who those catireiros are and how they negotiate. On the other hand, the catira is also characterized as a potentially opportunistic practice, which may involve mistrust, lies, manipulation, and dishonesty as elements inherent to its process and conditions for traders to obtain advantages in their catiras.

scholarly journals Grey Area of Unplanned Purchase –Experimenting Rationality with Unplanned Purchase?

2020 ◽  
Vol 8 (6) ◽  
pp. 4000-4005
Keyword(s):  
Decision Making ◽  
Theoretical Model ◽  
The State ◽  
The Other ◽  
Purchase Decision ◽  
Purchase Decisions ◽  
Know How ◽  
Specific Category ◽  
Impulse Purchase ◽  
The One

We all involved in the purchase decision; we all know how to deal with it. However, how many of us understood the aspects involved in purchase decision making. The whole purchase decisions can be divided into two parts, i.e., planned purchase and unplanned purchase. Planned purchase is very well categorized and very specifically generalized, so there is hardly anything to explore in the planned category of purchase. However, the same is not in case of unplanned purchase; unplanned purchase has not yet explored the way it should be. In this study, the researcher developed a theoretical model to make it understand how individual all unplanned purchases do not fall under the horizon of an impulse purchase. The model was tested through the respondent from the state of Assam. Results showed that impulse is the one side which is very clear to all, but it is time to give our attention to the other side of Unplanned Purchase which is yet to be unveiled and according to the finding of the study, the researcher has given some useful suggestion to some specific category of audience.

Conditio humana und tugendhafte Willensbildung: Untiefen der Anerkennung bei Rousseau und Honneth

2018 ◽  
Vol 94 (3) ◽  
pp. 456-474
Author(s):  
Claudio A. Dalbosco
Keyword(s):  
Decision Making ◽  
The Other ◽  
Other Hand ◽  
The Will ◽  
Conditio Humana ◽  
The One

Conditio Humana and Virtuous Decision-Making: Shallows of Recognition by Rousseau and Honneth Critically opposing Honneth’s interpretation, this essay has a double purpose: on the one hand, to show that, as Honneth rightly considers Rousseau a theorist of recognition, he should also regard him as a pioneer of the concept of social freedom; and, on the other hand, to justify that the profound intertwining present in the thought of the Genevan philosopher between the theory of recognition and the education of self-love can only be clarified on the basis of a theory of the virtuous education of the will.

Kroniek van een aangekondigd ontslag. Twee opmerkelijke brieven van Alfons Van de Perre betreffende zijn afscheid als volksvertegenwoordiger in 1919

2007 ◽  
Vol 66 (1) ◽  
pp. 45-63
Author(s):  
Luc Vandeweyer
Keyword(s):  
Political Party ◽  
First World War ◽  
Source Material ◽  
The Other ◽  
World War ◽  
The First World War ◽  
The Will ◽  
The One ◽  
First World ◽  
Member Of Parliament

In deze bronnenpublicatie ontleedt Luc Vandeweyer de parlementaire loopbaan van de geneesheer-politicus Alfons Van de Perre: hoe hij in 1912 feitelijk  tegen wil en dank  volksvertegenwoordiger werd, zich anderzijds blijkbaar naar behoren kweet van zijn taak en tijdens de eerste verkiezingen na de Eerste Wereldoorlog (1919) zijn mandaat hernieuwd zag maar meteen daarop ontslag nam. Volgens de bekende historiografische lezing was de abdicatie van de progressieve politicus een daad van zelfverloochening die enerzijds werd ingegeven door gezondheidsmotieven en  anderzijds was geïnspireerd door de wil om de eenheid binnen de katholieke partij te herstellen. De auteur komt op basis van nieuw en onontgonnen bronnenmateriaal tot de vaststelling dat Van de Perres spontane beslissing tot ontslag in de eerste plaats een strategische keuze was: in het parlement, waar hij zich overigens niet erg in zijn schik voelde, kon hij minder invloed uitoefenen op de Vlaamse beweging dan via de talrijke engagementen waarvoor hij voortaan de handen vrij had. Eén ervan was die van bestuurder én publicist bij het dagblad De Standaard.________Chronicle of the announcement of a resignation. Two remaekable letters by Alfons Van de Perre concerning his resignation as a Member of Parliament in 1919In this source publication Luc Vandeweyer analyses the parliamentary career of the physician-politician Alfons Van de Perre and he describes how Van de Perre became a Member of Parliament in 1912 actually against the grain, yet how he apparently did a good job carrying out his duties. During the first elections after the First World War (1919) Van de Perre found that his mandate was renewed, but he handed in his resignation immediately afterwards. According to the familiar historiographical interpretation the abdication of the progressive politician was an act of self-denial, which was prompted on the one hand by health reasons and on the other hand inspired by the will to restore unity within the Catholic political party. On the basis of new and so far unexplored source material the author concludes that the spontaneous decision by Van de Perres to hand in his resignation was above all a strategic choice: in the Parliament, which he did not much enjoy anyway, he could exert less influence on the Flemish movement than via his numerous commitments, which he was now free to take on. One of these was the post of director as well as political commentator of the newspaper De Standaard.

Bastard Feudalism and the Framing of Thirteenth-Century England

2018 ◽  
Author(s):  
Peter Coss
Keyword(s):  
Middle Ages ◽  
Thirteenth Century ◽  
Twelfth Century ◽  
The State ◽  
The Other ◽  
Great Work ◽  
Early Middle Ages ◽  
The One ◽  
The Relationship

In the introduction to his great work of 2005, Framing the Early Middle Ages, Chris Wickham urged not only the necessity of carefully framing our studies at the outset but also the importance of closely defining the words and concepts that we employ, the avoidance ‘cultural sollipsism’ wherever possible and the need to pay particular attention to continuities and discontinuities. Chris has, of course, followed these precepts on a vast scale. My aim in this chapter is a modest one. I aim to review the framing of thirteenth-century England in terms of two only of Chris’s themes: the aristocracy and the state—and even then primarily in terms of the relationship between the two. By the thirteenth century I mean a long thirteenth century stretching from the period of the Angevin reforms of the later twelfth century on the one hand to the early to mid-fourteenth on the other; the reasons for taking this span will, I hope, become clearer during the course of the chapter, but few would doubt that it has a validity.

scholarly journals Theology at Thresholds: Learning from a Practice ‘In Transition’

2017 ◽  
Vol 4 (1) ◽  
pp. 45-62 ◽  
Author(s):  
Rachel Muers ◽  
Rhiannon Grant
Keyword(s):  
Decision Making ◽  
The Other ◽  
Small Scale ◽  
Theological Ethics ◽  
Reciprocal Influence ◽  
Core Practices ◽  
Recent Developments ◽  
Collective Process ◽  
The One ◽  
Over Time

Recent developments in contemporary theology and theological ethics have directed academic attention to the interrelationships of theological claims, on the one hand, and core community-forming practices, on the other. This article considers the value for theology of attending to practice at the boundaries, the margins, or, as we prefer to express it, the threshold of a community’s institutional or liturgical life. We argue that marginal or threshold practices can offer insights into processes of theological change – and into the mediation between, and reciprocal influence of, ‘church’ and ‘world’. Our discussion focuses on an example from contemporary British Quakerism. ‘Threshing meetings’ are occasions at which an issue can be ‘threshed out’ as part of a collective process of decision-making. Drawing on a 2015 small-scale study (using a survey and focus group) of British Quaker attitudes to and experiences of threshing meetings, set in the wider context of Quaker tradition, we interpret these meetings as a space for working through – in context and over time – tensions within Quaker theology, practice and self-understandings, particularly those that emerge within, and in relation to, core practices of Quaker decision-making.

scholarly journals Territoriality Beyond the State: The EU’s Territorial Claims and the Search for Their Legitimacy

2021 ◽  
Vol 22 (4) ◽  
pp. 650-672
Author(s):  
Josef Weinzierl
Keyword(s):  
The State ◽  
Political Community ◽  
The Other ◽  
Main Question ◽  
Eu Law ◽  
European Level ◽  
Territorial Claims ◽  
The One ◽  
The Individual ◽  
The Eu

AbstractQuite a few recent ECJ judgments touch on various elements of territorial rule. Thereby, they raise the profile of the main question this Article asks: Which territorial claims does the EU make? To provide an answer, the present Article discusses and categorizes the individual elements of territoriality in the EU’s architecture. The influence of EU law on national territorial rule on the one hand and the emergence of territorial governance elements at the European level on the other provide the main pillars of the inquiry. Once combined, these features not only help to improve our understanding of the EU’s distinctly supranational conception of territoriality. What is more, the discussion raises several important legitimacy questions. As a consequence, the Article calls for the development of a theoretical model to evaluate and justify territoriality in a political community beyond the state.

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