Imperial Law

2018 ◽  
pp. 882-900
Author(s):  
Paul G. Mchugh
Keyword(s):  
Institutional Culture ◽  
Historical Research ◽  
Legal Studies ◽  
Socially Constructed ◽  
Legal Meaning

This chapter attempts to situate imperial law in terms of legal historical research today. It argues that the new-style imperial legal studies have shed the historiography of reception’s fixation upon imperial law as inherently imperative without discarding the interest in institutional culture and its generation of legal meaning. Today’s historian of imperial law will encounter terms such as ‘governmentality’, ‘police’, and ‘subaltern’. They will be seeing law as process and imbricated with other socially constructed activity rather than as fixed and closed. They will be finding a travelling imperium, an ocean-going legalism with nodes and networks rather than one set sedentarily inside a series of fragmenting and territorialized proto-nationial peripheries.

scholarly journals Nationalism: What We Know and What We Still Need to Know

2021 ◽  
Vol 24 (1) ◽  
pp. 109-132
Author(s):  
Harris Mylonas ◽  
Maya Tudor
Keyword(s):  
Social Psychology ◽  
Political Science ◽  
Survey Data ◽  
Final Section ◽  
Political Conflict ◽  
Historical Research ◽  
Regional Research ◽  
National Belonging ◽  
Socially Constructed ◽  
The Everyday

Amid the global resurgence of nationalist governments, what do we know about nationalism? This review takes stock of political science debates on nationalism to critically assess what we already know and what we still need to know. We begin by synthesizing classic debates and tracing the origins of the current consensus that nations are historically contingent and socially constructed. We then highlight three trends in contemporary nationalism scholarship: ( a) comparative historical research that treats nationalism as a macropolitical force and excavates the relationships between nations, states, constitutive stories, and political conflict; ( b) behavioral research that uses survey data and experiments to gauge the causes and effects of attachment to nations; and ( c) ethnographic scholarship that illuminates the everyday processes and practices that perpetuate national belonging. The penultimate section briefly summarizes relevant insights from philosophy, history, and social psychology and identifies knowledge gaps that political scientists are well-positioned to address. A final section calls for more comparative, cross-disciplinary, cross-regional research on nationalism.

scholarly journals A Critical Look at the Subjective and Objective Purposes of Contract in Aharon Barak’s Theory of Interpretation

2016 ◽  
Vol 9 (2) ◽  
pp. 1-22
Author(s):  
Marija Karanikić Mirić
Keyword(s):  
Physical Reality ◽  
Levels Of Abstraction ◽  
The Past ◽  
Socially Constructed ◽  
True State ◽  
State Of Mind ◽  
Legal Meaning

Abstract Sometimes parties to a contract agree on the wording of the contract, but disagree about its meaning. In such cases, the goal of purposive interpretation is to identify a legal meaning, within the limits of the language actually used, which best achieves the purpose of the contract in question. This paper presents the main features of Justice Aharon Barak’s theory of purposive interpretation of contracts, and examines his notions of subjective and objective purposes. Barak’s theory demands, at some point along the process of interpretation, that the judge determine the actual joint intent of the parties, as it was at the time of their entering into the contract, and in the situation where the parties themselves disagree over it. This requires a posterior inquiry into the true state of mind of other persons. The past intentions of others are regarded as historical-subjective psycho-biological facts. The author questions what goes on behind this subjective rhetoric, starting from the presumption that the inner reality of another person’s will, i.e. their past or present intentions, cannot be learned as a physical reality, but only as a socially constructed fact. Furthermore, the author examines the seemingly unwanted merging of Barak’s subjective purpose of contract with his objective purposes of contract at the lower levels of abstraction.

scholarly journals UMAR BIN ABDUL AZIS: ZAMAN KEEMASAN ISLAM MASA DINASTI UMAYYAH

2019 ◽  
Vol 3 (1) ◽  
pp. 30
Author(s):  
Kori Lilie Muslim ◽  
Melia Afdayeni
Keyword(s):  
Golden Age ◽  
Religious Studies ◽  
Historical Research ◽  
The Other ◽  
Legal Studies ◽  
The People ◽  
Search Heuristics ◽  
Umayyad Dynasty ◽  
Long Time ◽  
History Of

<p><em>The Umayyad dynasty was approximately 91 years old, with 14 leading caliphs. The reign of Umar ibn Azis was regarded as the golden age of the regime, as many of the policies he had done, and that had been prosperity for the people. Different from the governments of the other caliphs, regarded by most historians as the caliphs who made the people in misery. For this, the article aims to analyze the glory achieved by Umar ibn Azis in the reign of the Umayyad dynasty. The methods used are historical research methods, ranging from source search (heuristics) that are limited to historical books in libraries, then criticism of Sember (internal and external criticism), verification and Last is historiography. From the research conducted it can be shown that during the reign of the caliph Umar ibn Abdul Aziz who did not have a long time to print the history of the glorious civilization, both in terms of the knowledge </em>and<em> life level of society that has been able to enjoy Prosperous life is safe and peaceful. The Baitul Mal by the previous Umayyad caliphs was used as a sovereign or property that is free to be spent by the Palace families. It is different in the time of the end of the Umar because at the time of his treasure Baitul Mal made As the people's. Umar bin Abdul Aziz was also very attentive to the hadith as a source of teaching both Islamic teachings. He issued adequate funds to record the hadith to be registered and documented well and neatly and made a scientific reference in religious studies and Islamic legal studies. Not only the hadith that received attention, but the science of interpretation, history, and politics is also recorded. In terms of the expansion of the territory of Islam, very few wars in his time because in the development of Islam is more lively by using the advice that is full of wisdom so that many people enter Islam. Thus the reign of the caliphate of Umar ibn Abdul Aziz, which was the Golden age for the Umayyad dynasty.</em></p>

The Great Reform and the Fate of Capitalism in Russia (On the 150th Anniversary of the Emancipation Reform)

2011 ◽  
pp. 119-136
Author(s):  
M. Voeikov
Keyword(s):  
20Th Century ◽  
Historical Research ◽  
150Th Anniversary ◽  
In The Beginning

The paper deals with the problem of the establishment of capitalism in Russia in the late 19 - early 20th centuries. Using a wide array of historical research and documents the author argues that the thesis on the advanced state of capitalism in Russia in the beginning of the 20th century does not stand up to historical scrutiny, and the role of the famous Emancipation reform of 1861 appears to be of limited importance.

JUDICIARY AND JUDICIARY OF UKRAINE IN THE CONTEXT OF THE NATIONAL MENTALITY

2019 ◽  
pp. 88-97
Author(s):  
Oleksandr Byrkovych
Keyword(s):  
Scientific Knowledge ◽  
Practical Importance ◽  
Constitutional Court ◽  
State Institutions ◽  
Radical Reform ◽  
Legal Studies ◽  
National Tradition ◽  
Scientific Institutions ◽  
Legal Foundations ◽  
Constitutional Right

Purpose. The purpose of the article is to identify the fundamental values of the Ukrainian people, on the basis of which not only his mentality, but also all national-state institutions, including institutions of justice and justice, as well as to identify trends of influence of these values on the further development of legal foundations of the judiciary and justice of Ukraine. Method. The methodological basis of the study was the combination of principles and methods of scientific knowledge. For the objectivity of the research, a set of general scientific, special-legal, special-historical and philosophical methods of scientific knowledge was used. Results. At the current stage of reforming the institutions of the judiciary and the judiciary, the notion of fair justice, which is formed on the basis of popular national culture, plays an important role. Given the functioning of the modern Constitutional Court of Ukraine, whose representatives are formed by delegation to the Verkhovna Rada of Ukraine, the President of Ukraine, the Cabinet of Ministers of Ukraine and the judiciary, this institution needs radical reform as it has repeatedly made political rather than constitutional decisions. Scientific novelty. Based on the analysis of the national tradition of justice, it is established that the Constitutional Court should be formed by public organizations, which are formed by legal experts. There are several higher scientific institutions in Ukraine which have departments, constitutional law research institutes. Their representatives should delegate the best experts in the constitutional right to competitive selection to fill vacancies in the constitutional court. Practical importance. The results of the study can be used in further historical and legal studies, preparation of special courses.

THE IDEA OF «COMMUNITY» IN THE GOVERNMENT CONCEPTS OF GALICIA OF THE XIX – BEGINNING OF THE XX CENTURY

2019 ◽  
pp. 15-21
Author(s):  
Liubomyr Ilyn
Keyword(s):  
Nineteenth Century ◽  
19Th Century ◽  
Practical Significance ◽  
Distinctive Features ◽  
Legal Studies ◽  
Legal Principle ◽  
General Scientific ◽  
The Government ◽  
The Right ◽  
The 19Th Century

Purpose. The purpose of the article is to analyze and systematize the views of social and political thinkers of Galicia in the 19th - beginning of the 20th centuries. on the right and manner of organizing a nation-state as a cathedral. Method. The methodology includes a set of general scientific, special legal, special historical and philosophical methods of scientific knowledge, as well as the principles of objectivity, historicism, systematic and comprehensive. The problem-chronological approach made it possible to identify the main stages of the evolution of the content of the idea of catholicity in Galicia's legal thought of the 19th century. Results. It is established that the idea of catholicity, which was borrowed from church terminology, during the nineteenth century. acquired clear legal and philosophical features that turned it into an effective principle of achieving state unity and integrity. For the Ukrainian statesmen of the 19th century. the idea of catholicity became fundamental in view of the separation of Ukrainians between the Russian and Austro-Hungarian empires. The idea of unity of Ukrainians of Galicia and the Dnieper region, formulated for the first time by the members of the Russian Trinity, underwent a long evolution and received theoretical reflection in the work of Bachynsky's «Ukraine irredenta». It is established that catholicity should be understood as a legal principle, according to which decisions are made in dialogue, by consensus, and thus able to satisfy the absolute majority of citizens of the state. For Galician Ukrainians, the principle of unity in the nineteenth century. implemented through the prism of «state» and «international» approaches. Scientific novelty. The main stages of formation and development of the idea of catholicity in the views of social and political figures of Halychyna of the XIX – beginning of the XX centuries are highlighted in the work. and highlighting the distinctive features of «national statehood» that they promoted and understood as possible in the process of unification of Ukrainian lands into one state. Practical significance. The results of the study can be used in further historical and legal studies, preparation of special courses.

Impak Kerjasama Politik Umno-Pas Terhadap Perkembangan Islam Di Malaysia Dari Tahun 1973 Hingga 1978

Sains Insani ◽  
2018 ◽  
Vol 2 (1) ◽  
pp. 12-16
Author(s):  
Mohammad Tawfik Yaakub ◽  
Osman Md Rasip
Keyword(s):  
Descriptive Analysis ◽  
Historical Research ◽  
Radio Station ◽  
The Political ◽  
Coalition Government ◽  
Secondary Sources ◽  
Political Cooperation ◽  
Islamic Religion ◽  
Political Approach ◽  
The Impact

This article discusses impact of UMNO-PAS political cooperation towards Islamic development in Malaysia from 1973 until 1978. The success of political cooperation in 1973 was the result of both UMNO’s leader, Tun Abdul Razak and PAS’s leader, Asri Muda willingness to explore a new political approach compared to what was being practiced at that time. Both leaders then started the development of a government known as the ‘Cooperation Government’ with the combination of UMNO and PAS in 1973 and later on, the development of the National Front’s (BN) Coalition Government in 1974. The Islamic religion benefits the most from the development of the Coalition Government which is a favourable gain for the Malays in Malaysia. Henceforth, this article will discuss in detail on the impact of the political cooperation between UMNO and PAS within the cooperation period. The methods used for this research is by interview and also by referring to secondary sources which are analyzed in a historical descriptive manner that is normally practiced in historical research. At the end of this research it is established that there are profound impacts to the Islamic religion within the UMNO-PAS cooperation period within 1973 to 1978 for example, the television and radio station beginning starting their programmes with the recitation from Quranic verses, the promulgation of ‘Adhan, alcohols are no longer served in official government’s function, lottery companies are not allowed to promote and announce the lottery results in official government’s media, the establishment of Islamic institution, the strengthening of Islamic education and the appropriate change in the relevant ministry’s symbols. This article can be utilized by subsequent researchers who wish to study the impact of political cooperation between UMNO and PAS. Keywords: political cooperation, UMNO-PAS, cooperation government ABTRAK:Makalah ini membincangkan mengenai impak kerjasama politik UMNO-PAS terhadap perkembangan Islam di Malaysia dari tahun 1973 hingga 1978. Kerjasama politik yang berjaya dibentuk bermula pada tahun 1973 adalah hasil daripada kesediaan Tun Abdul Razak dengan Mohd Asri Muda yang menerajui UMNO dan PAS pada ketika itu mencetuskan perubahan corak berpolitik yang berbeza berbanding sebelumnya. Maka, kedua-dua pemimpin ini kemudiannya merintis pembentukan sebuah kerajaan yang menggabungkan UMNO dengan PAS menerusi Kerajaan Campuran pada tahun 1973 dan Kerajaan Gabungan Barisan Nasional (BN) pada tahun 1974. Hasil daripada kejayaan penubuhan kedua-dua kerajaan ini, perkembangan Islam di negara ini bertambah pesat dan dapat dimanfaatkan oleh keseluruhan orang Melayu di Malaysia. Justeru, artikel ini membincangkan secara terperinci impak kerjasama politik antara UMNO dengan PAS dalam tempoh kerjasama politik berkenaan. Penyelidikan ini menggunapakai kaedah temubual dan menyorot sejumlah sumber sekunder yang kemudiannya dianalisis secara deskriptif sejarah (historical descriptive analysis) yang lazimnya dipraktikkan dalam kajian sejarah. Hasil kajian ini mendapati terdapat impak-impak jelas terhadap perkembangan Islam di negara ini sepanjang tempoh kerjasama politik antara UMNO dengan PAS dari tahun 1973 hingga 1978. Antara impak-impak tersebut ialah permulaan siaran televisyen dan radio dengan bacaan ayat-ayat suci Al-Quran, mengumandangkan suara azan, penghapusan arak dalam majlis-majlis kerajaan, penghapusan promosi dan keputusan judi di media kerajaan, penubuhan institusi Islam, pemerkasaan pendidikan Islam dan penukaran simbol institisu kerajaan. Akhirnya, artikel ini dapat dimanfaatkan oleh penyelidik-penyelidik berikutnya untuk menilai impak kerjasama politik antara UMNO dengan PAS.Kata kunci: kerjasama politik, UMNO-PAS, kerajaan campuran

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