‘Congiure contro a uno principe’

Author(s):  
Marta Celati

The final chapter examines the relationship between Machiavelli’s work and fifteenth-century literature on conspiracies. The analysis highlights the role that this humanist literature played in the development of Machiavelli’s complex theorization of conspiracies as a political phenomenon, but it also underlines how, although he was influenced by this background, he also radically departed from it. Machiavelli dealt with this political subject in several sections of his works: in particular in his long chapter Delle congiure in the Discorsi (III, 6), which can be considered a comprehensive treatise on plots; in chapter XIX of Il principe; and in some significant chapters of the Istorie fiorentine, where Machiavelli narrates the conspiracies that took place in Italy in the previous centuries. He was the first author to develop a substantial theorization of political plots and he based it on concrete historical examples drawn from previous narratives and from ancient history. Machiavelli’s analysis of conspiracies shares some key elements with the political perspective underlying fifteenth-century literature on plots: his focus on the figure of the prince as the main target of the conspiracy; the importance assigned to the role of the common people and to the issue of building political consensus; the attention paid to internal enemies and internal matters within the state, rather than to the relationship with foreign political forces; the evolution in the analytical approach regarding tyranny and tyrannicide; the centrality of the notion of crimen laesae maiestatis; the emphasis on the negative political outcome of plots.

Author(s):  
Zoran Oklopcic

As the final chapter of the book, Chapter 10 confronts the limits of an imagination that is constitutional and constituent, as well as (e)utopian—oriented towards concrete visions of a better life. In doing so, the chapter confronts the role of Square, Triangle, and Circle—which subtly affect the way we think about legal hierarchy, popular sovereignty, and collective self-government. Building on that discussion, the chapter confronts the relationship between circularity, transparency, and iconography of ‘paradoxical’ origins of democratic constitutions. These representations are part of a broader morphology of imaginative obstacles that stand in the way of a more expansive constituent imagination. The second part of the chapter focuses on the most important five—Anathema, Nebula, Utopia, Aporia, and Tabula—and closes with the discussion of Ernst Bloch’s ‘wishful images’ and the ways in which manifold ‘diagrams of hope and purpose’ beyond the people may help make them attractive again.


2017 ◽  
Vol 62 (11) ◽  
pp. 3603-3617 ◽  
Author(s):  
James C. McCutcheon ◽  
Stephen J. Watts

Gateway theory has been the source of much debate in both the research literature and public policy. Support for gateway sequencing has been mixed, especially in research that has considered the role of criminological variables in the etiology of substance use. For example, limited prior research has observed as important in gateway sequencing the effects of severe stressors. Data from the National Longitudinal Study of Adolescent to Adult Health are utilized to test gateway theory and examine whether severe stressors affect the relationship between frequency of cannabis use and later use of other illicit drugs (OIDs). Findings suggest that while frequency of cannabis use does increase the likelihood of later use of OIDs, this relationship may be the result of the common cause of experiencing severe stress. Implications of the findings are discussed.


2021 ◽  
Vol 65 (9) ◽  
pp. 118-129
Author(s):  
Y. Zinin

The overthrow of M. Gaddafi with the assistance of NATO in October 2011 led to the collapse of the vertical of power and institutions of the state and sentenced Libya to a deep systemic crisis. The article examines the peculiarities and role of the tribal factor in the current events in Libya, a country with deeply divided, multi-composite societies (DDS). It is characterized by tribal, regional, racial and ethnoreligious diversity. With 90% of its population having tribal roots, the number of tribes passes 140. This diversity has left its mark on the course of events, affected the struggle for power. The author sums up the shifts that have taken place in the tribal segment of society in recent decades. The rush of members of different tribes to the city led to their fragmentation, diminution of their former structure. The bonds of kinship, the spirit of solidarity, the traditional behaviour of the tribesmen have been to different extents eroded. However, the influence of a tribe or genus that play the role of a bonding society remains essential. This was especially evident after the advent of dual power in 2014, the author assumes. The two poles of domination – Tripoli and Tobruk are trying to play this card to their advantage. On the other hand, the security vacuum caused by the fall of the regime spontaneously filled forces, including regional tribal groups. The scholar tracks how various tribal councils and other entities here and there take on the functions of maintaining resilience and order, ending infighting, returning hostages, etc. In doing so, they often turn to the traditional usual right – Urf. The author agrees with a number of Libyan scholars and other foreign researchers that there are now some signs of a breeding tribal identity in Libya. At the same time, this process is multi–directional, as in Libya, a country with a deeply divided society, tribes can both engage in conflicts and contribute to their peaceful denouement. The researcher draws attention to the fact that the relationship between tribalism and Islamists is rather contradictory. The latter use to argue that “Islam is the solution to all problems.” But their entry into the arena of politics in Libya after October 2011 did not prevent the de facto collapse of the country and the growth of sectarian standoff. And that according to the author divides society and plays into the hands of certain political forces. In this atmosphere, tribal polarization and the general alienation of society are at risk of growth. The author analyzes the relations between tribal and national identities in a country where the process of consolidation of the population into a single nation has not yet been completed.


Law in Common ◽  
2019 ◽  
pp. 213-240
Author(s):  
Tom Johnson

This chapter explores the growing use of English as a written ‘legal vernacular’ over the course of the fifteenth century. It argues that one can only understand the emergence of vernacular writing in legal discourse by looking to the local contexts of legal production. The emergence of English as a legal vernacular did not take hold uniformly across late-medieval society, and so we need to think more carefully about the specific kinds of discursive value that it held; the chapter argues that, as a legal language, English worked as a signifier of authenticity, a mode of signalling fidelity to real speech, and as a way of gesturing towards wider audiences or publics. This leads to the third argument that the growing significance granted to English as a legal language affected common people in late-medieval England in ambivalent ways. While in some ways the processes of vernacularization in the fifteenth century seem to follow a trajectory towards a more inclusive public discourse, as the ‘common tongue’ spoken by the majority of the populace became a language appropriate for expressing ideas about legitimacy, it was ultimately constrained by the relatively limited modes in which English was allowed to be legal.


Author(s):  
Lisa Waddington

This chapter explores the relationship between disability quota schemes and non-discrimination law in Europe. While at first sight they seem to sit uneasily beside each other, the chapter reveals how, in some instances, quota schemes can serve to facilitate compliance with non-discrimination legislation. At the same time, the chapter explores seeming incompatibilities between the two approaches and considers whether there are differences between common and civil law jurisdictions in this respect. Tentative conclusions suggest that there is a greater willingness to establish quota schemes through legislation in civil law jurisdictions compared to common law jurisdictions, and that quota schemes in civil law jurisdictions are more likely to provide for the imposition of a levy in the case that employers fail to meet their quota obligations through employing the required number of people with disabilities. There also seems to be some indication that there is greater awareness of the potential for conflict or tension, in various forms, between non-discrimination law and quota schemes in common law jurisdictions than in civil law jurisdictions. Finally, the two schemes operating in the common law states are only applicable to the public sector—whilst in civil law states quotas are generally applied to both public and private sector employers. This may indicate different perceptions regarding the role of public sector employers and the legitimacy of imposing quota requirements.


2016 ◽  
Vol 44 (3) ◽  
pp. 401-418 ◽  
Author(s):  
Jonathan Crowe ◽  
Barbora Jedličková

Cartels have a significantly negative impact on economic welfare. Anti-cartel competition law–such as the provisions of pt IV div 1 of the Competition and Consumer Act 2010 (Cth)–tries to tackle this negative impact through civil and criminal remedies. The prohibition of cartels is most commonly justified on economic grounds. However, reference is also often made to broader moral grounds for proscribing cartels–for example, it is commonly stated that cartels are deceptive, unfair or engaged in a form of cheating. This article advances a unified account of the moral status of cartels that integrates both economic and moral factors. It does so by emphasising the relationship of cartel behaviour to the moral duty to promote the common good. Cartels are wrong because they undermine the role of open and competitive markets as a salient response to an important social coordination problem in a way that leads to seriously harmful economic outcomes. This combination of factors supplies a robust justification for both civil and criminal sanctions in appropriate cases, thereby affording a principled foundation for the current framework of cartel regulation in Australia.


2019 ◽  
Vol 12 ◽  
pp. 135-152
Author(s):  
Shiba Raj Pokhrel

This paper aims to analyze a pertinent academic debate pragmatically whether institutions assist in promoting life standard and betterment of the common people or they act just as an instrument to perpetuate poverty and fulfill the interest of vested group. To accomplish this task, Marxist, Post-Marxist theories are taken into consideration in order to indicate how an institution or the process of institutionalization as such is debated and perceived in social science academia. Likewise, the research also uses the popular research methodology of pragmatism which focuses on data collection, analysis and field study. The research is conducted in Sunil Smirti Gaupalika (Rural Municipality) of Rolpa district and focuses on the role of institutions in order to transform particularly the economic life of the people. The research divides institutions into two parts. The first one includes the governmental local institution Gaupalika. The second part includes INGO/NGOs. This division enables to decipher and historicize what these government and non government institutions have done independently and collectively to uplift the life of target group. The research finds that INGO/NGOs and locals institution in the remote village like Sunil Smirti Gaupalika have played significant roles on uniting the economically poor and make individual and collective efforts to fight against poverty. They work to find out the poor and economically weak section of the society by setting target group, generating the awareness and providing conductive environment for putting collective effort in their fight against poverty to a certain extent. Therefore, these two types of institutions have been found tremendously supportive in uniting what Marx calls “have-nots” of Sunil Smirti Gaupalika. However, the research also finds that mostly Brahmin/Chhetri communities have been benefitted by these programs. In comparison the ratio of economic growth between Brahmin-Chhetri community and Janjati community-Dalit community, the first one is found to be accelerating whereas the second one is slower and sluggish.


2013 ◽  
Vol 56 (1) ◽  
pp. 27-48 ◽  
Author(s):  
EDWARD HARRIS

Abstract H. Meyer‐Laurin has claimed that the Athenian courts took a stricti iuris approach to the law and did not take extenuating circumstances into account. Other scholars (Mirhady, Todd) have claimed that the courts sometimes ignored the law and took extra‐legal considerations into account, which was called ‘fairness’ (epieikeia). The essay begins with a careful reading of Aristotle's analysis of ‘fairness’ (epieikeia) in the Nicomachean Ethics and the Rhetoric and draws on an important essay by J. Brunschwig. Fairness was not a doctrine that attempted to undermine the authority of the law or placed the law of the city in opposition to the unwritten laws or the common law of mankind. Nor did the application of fairness introduce non‐legal factors into adjudication. Rather, fairness dealt with the problem of treating exceptions to the general rule contained in a specific written law. The essay then shows how litigants used arguments based on fairness and how the courts sometimes took extenuating circumstances into account. When Athenian judges swore to decide according to the laws of Athens, they did not just consider the law under which the accuser had brought his case. They could also take into account general principles of justice implicit in the laws of Athens as a whole. In this way, they avoided a rigid positivist approach to law. Finally, the essay sheds some light on the relationship between Aristotle's Rhetoric and the arguments used in the Athenian courts.


2017 ◽  
Vol 51 (5) ◽  
pp. 1469-1518 ◽  
Author(s):  
SAM WONG ◽  
VALERIE WONG

AbstractThe Guangbao, published in Guangzhou between 1886 and 1891, was one of China's earliest native-owned newspapers, with a circulation three times larger than the Xunhuan Ribao. The newspaper, founded by Kuang Qizhao, provides important information on the ideas that were circulating at the time in Guangzhou, a place where a number of reformers were beginning to formulate their thoughts. The newspaper may have sown some of the seeds for the nationalism that would become a powerful force after the Sino-Japanese War. The Guangbao protested against the mistreatment of overseas Chinese and printed stories recommending retaliation against Americans. It opposed Western imperialism, advocated a strong national defence, and even suggested annexing Korea. However, the newspaper was not xenophobic and tried to encourage good relations between Chinese and foreigners in China. Unlike future political newspapers, the Guangbao continued to support the existing political system—not because of fear or ignorance, but because of a sense that democracy may not have been appropriate for China at this time. Although Kuang was not a supporter of many Neo-Confucian traditions or beliefs, because he equated Confucian morality with Christian morality, and morality was needed to combat corruption, the Guangbao emphasized Confucian moral training.The newspaper also served as a platform to promote reform ideas. Kuang carefully picked ideas that he felt were appropriate for China, including: free universal and specialized education, women's rights, economic nationalism/industrialization/business, free trade, entrepreneurship through patent and copyright protection, support for the common people versus corrupt officials, and philanthropy.


2020 ◽  
Vol 2 (2) ◽  
pp. 48-64
Author(s):  
John F. Lingelbach

In light of the wide acknowledgement that humanism influenced the Protestant Reformation, one must ask the question about how much of what Protestantism maintains owes a debt to this modern ideology often juxtaposed in contrast to Christianity. Given the remarkable role of such a controversial ideology during a seminal period of the modern church, this study seeks an answer to the following question: how did the humanism movement of the fourteenth and fifteenth centuries impact the lives and work of the main Magisterial Reformers? This research is important and necessary because discovering the answer to this question leads to an understanding of the larger question of how humanism impacts the Protestant tradition. Understanding the nature of this impact sheds light on what Protestantism means and may induce some Christians to contemplate why they call or do not call themselves “Protestants” or “humanists.” This present study progressed through four phases. First, the study sought to describe the humanism of the fourteenth and fifteenth centuries. Second, it sought to describe the impact this humanism had on society. Third, the study analyzed how the social impacts of the humanism of the fourteenth and fifteenth centuries served to advance or hinder the causes of the main Magisterial Reformers. Finally, it synthesized the findings. This paper argues and concludes that the humanism of the fourteenth and fifteenth centuries impacted the lives and work of the main Magisterial Reformers by facilitating their desire to include the common people in a religious world previously dominated by the elite.


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