Revisiting the Classical Ideal of Citizenship

2017 ◽  
pp. 14-35
Author(s):  
Ryan Balot
Keyword(s):  
Rule Of Law ◽  
Critical Analysis ◽  
Civil Religion ◽  
Theory And Practice ◽  
Contemporary Theory ◽  
The Rule Of Law ◽  
Liberal Democratic ◽  
Democratic Ideals ◽  
The One

Building on Pocock’s influential account, this essay investigates Greek and Roman citizenship as a resource for the critical analysis of contemporary theory and ideology – in particular, the models of citizenship based on “neo-Roman” and liberal democratic ideals. On the one hand, a reconsideration of Roman theory and practice reveals the undesirable features fossilized in the Roman and “neo-Roman” tradition. The rule of law disguised the workings of unaccountable elite power; non-domination was idealized only because domination was so pervasive, beginning with the freedom/slavery dichotomy; and citizenship was often nothing more than a civil religion. Conversely, re-examining classical Greek theory and practice enables us to grasp the ethical and dialogical possibilities of citizenship that our liberal democratic models typically neglect. Hence, instead of limiting themselves to advising statesmen in specific times and places, political theorists should think more freely and broadly about our highest aspirations as citizens.

Is Xenophobic Violence and Criminality Systemic in Post-Apartheid South Africa? A Critical Analysis of Growing Denialism to 2015 Incidents

Politeia ◽  
2018 ◽  
Vol 37 (1) ◽  
Author(s):  
Mbekezeli Comfort Mkhize ◽  
Kongko Louis Makau
Keyword(s):  
South Africa ◽  
Rule Of Law ◽  
Critical Analysis ◽  
Hate Crime ◽  
International Organisations ◽  
Foreign Nationals ◽  
The Rule Of Law ◽  
South Africans ◽  
Structural Problems ◽  
The Government

This article argues that the 2015 xenophobic violence was allowed to spread due to persistent inaction by state officials. While the utterances of King Goodwill Zwelithini have in part fuelled the attacks, officials tend to perceive acts of xenophobia as ordinary crimes. This perception has resulted in ill-advised responses from the authorities, allowing this kind of hate crime against foreign nationals to engulf the whole country. In comparison with similar attacks in 2008, the violent spree in 2015 is characterised by a stronger surge in criminal activities. The militancy showcased fed a sense of insecurity amongst foreigners, creating a situation inconsistent with the country’s vaunted respect for human rights and the rule of law. Investors lost confidence in the country’s outlook, owing in part to determined denialism in government circles regarding the targeting of foreigners. While drawing from existing debates, the article’s principal objective is to critically examine the structural problems that enable xenophobia to proliferate and the (in)effectiveness of responses to the militancy involved in the 2015 attacks. Of particular interest are the suggested responses that could be effective in curbing future violence. The article concludes that xenophobia is systemic in post-apartheid South Africa. Strong cooperation between the government, national and international organisations could provide the basis for successful anti-xenophobia measures. The article further argues that the country is obliged to find a sustainable solution to the predicament for humanitarian reasons firstly, and in recognition of the support South Africans received from its African counterparts during the liberation struggle.

Rule of Law in India

2018 ◽  
Author(s):  
Harish Narasappa
Keyword(s):  
Human Rights ◽  
Dispute Resolution ◽  
Rule Of Law ◽  
Theory And Practice ◽  
The Rule Of Law ◽  
Social Challenges ◽  
Application Of Law ◽  
Primary Element ◽  
The Status ◽  
Dispute Resolution Mechanism

Rule of law is the foundation of modern democracies. It envisages, inter alia, participatory lawmaking, just and certain laws, a bouquet of human rights, certainty and equality in the application of law, accountability to law, an impartial and non-arbitrary government, and an accessible and fair dispute resolution mechanism. This work’s primary goal is to understand and explain the obvious dichotomy that exists between theory and practice in India’s rule of law structure. The book discusses the contours of the rule of law in India, the values and aspirations in its evolution, and its meaning as understood by the various institutions, identifying reason as the primary element in the rule of law mechanism. It later examines the institutional, political, and social challenges to the concepts of equality and certainty, through which it evaluates the status of the rule of law in India.

scholarly journals Testing Todd: family types and development

2021 ◽  
pp. 1-18
Author(s):  
Jerg Gutmann ◽  
Stefan Voigt
Keyword(s):  
Rule Of Law ◽  
Civil Society Organizations ◽  
The Rule Of Law ◽  
State Fragility ◽  
Family Types ◽  
Low Levels ◽  
Parsimonious Model ◽  
The One ◽  
High Level

Abstract Many years ago, Emmanuel Todd came up with a classification of family types and argued that the historically prevalent family types in a society have important consequences for its economic, political, and social development. Here, we evaluate Todd's most important predictions empirically. Relying on a parsimonious model with exogenous covariates, we find mixed results. On the one hand, authoritarian family types are, in stark contrast to Todd's predictions, associated with increased levels of the rule of law and innovation. On the other hand, and in line with Todd's expectations, communitarian family types are linked to racism, low levels of the rule of law, and late industrialization. Countries in which endogamy is frequently practiced also display an expectedly high level of state fragility and weak civil society organizations.

scholarly journals Teoria crítica e direito internacional: uma visão pachukaniana de China Miéville

2018 ◽  
Vol 3 (1) ◽  
pp. 158-174
Author(s):  
Luiz Felipe Brandao Osorio
Keyword(s):  
International Law ◽  
20Th Century ◽  
Rule Of Law ◽  
Early 20Th Century ◽  
Critical Legal Studies ◽  
The Rule Of Law ◽  
Legal Studies ◽  
Legal Relationship ◽  
The Face ◽  
The One

RESUMO:Dentro do emaranhado teórico cunhado como teoria crítica do direito, cabe aqui resgatar a sua vertente mais radical, aquela que vai à recôndita essência do fenômeno jurídico, e que consequente perpassa a face em que suas fraturas ficam mais expostas: a teoria materialista do direito internacional. O britânico China Miéville brinda-nos com uma reflexão original sobre a seara internacionalista, partindo e retomando as pistas legadas por Evguiéni Pachukanis, no início do século XX, para atingir o cume da crítica do direito, pela teoria da forma mercantil, ressaltando o caráter violento, de coerção, presente inerentemente na relação jurídica. É neste mundo, o do império do direito, é que reinam a miséria e o horror cotidianos e banalizados. ABSTRACT:Within the theoretical entanglement coined as critical legal studies, it is needed to address its most radical aspect, that goes inside the hidden essence of the legal phenomenon, and which consequently touches the face in which its fractures are most exposed: the materialist theory of international law. British China Miéville brings us an original reflection on the internationalist scenario, starting with and returning to the trails left by the early 20th century by Evguiéni Pachukanis to reach the summit of the critique of law, by the theory of commodity form, emphasizing the violent side, coercive, inherent in the legal relationship. It is in this world, the one of the rule of law, that daily and banal misery and horror reign

scholarly journals A European convergence towards a stare decisis model?

2015 ◽  
pp. 173 ◽  
Author(s):  
Stefano Civitarese
Keyword(s):  
Rule Of Law ◽  
Deep Understanding ◽  
The European Union ◽  
Stare Decisis ◽  
The Rule Of Law ◽  
Law System ◽  
Legal Space ◽  
The One ◽  
The Relationship

The article revolves around the doctrine of precedent within the so-called European legal space, wondering whether and to what extent we can speak of a convergence towards a stare decisis model boosted by the harmonizing role of the Court of Justice of the European Union. The article argues that although there are still some differences between civil law and common law legal systems they regard more the style of reasoning and the deep understanding of the relationship between the present decision of a court and past judicial decisions than the very existence of the constraints of the latter upon the former. The article concludes that a sort of mechanism of stare decisis has in fact been created, even though, on the one hand, uncertainty remains as to the way in which the binding force of a precedent concretely operates in the system, and on the other hand, this mechanism relates exclusively to the relationships between past and future decisions of higher courts (horizontal effect). This change, far from being a shift towards a truly judge-made law system or a consequence of the final abandonment of the dictates of the rule of law, enhances legal certainty contributing to the fundamental requirement of stability of law as a feature of the ideal of the rule of law.

scholarly journals ‘When I See the ‘Broom’, I Will Pass over You’: An Assessment of President Muhammadu Buhari’s Anti-Corruption Crusade in Nigeria, 2015-2019

2021 ◽  
Vol 21 (2) ◽  
pp. 195-232
Author(s):  
O.O. Thompson ◽  
A.S. Afolabi ◽  
A.N. Raheem ◽  
C.A. Onifade
Keyword(s):  
Social Norms ◽  
Rule Of Law ◽  
Critical Analysis ◽  
Press Releases ◽  
Political Will ◽  
The Rule Of Law ◽  
Media Reports

Corruption is a global phenomenon. Many states have embarked on several crusades to fight the menace, with little to show for these efforts. Using a critical analysis ofliterature, media reports and press releases, this articleassesses the anti-corruption crusade of President Muhammadu Buhari’s administration, 2015-2019. The article argues that in spite of the strategies and panoply of laws employed by the administration to tackle the menace, the crusade has to a large extent failed because the crusade is waged along ethnic and particularly party lines. The article recommends among other things the need for transparency in the crusade, building institutions, revival of social norms, political will, and respect of the rule of law.

VLADAVINA PRAVA NA „USLUZI“ NARODU, KROZ TEORIJU I PRAKSU

2021 ◽  
Author(s):  
Ana Opačić ◽  
◽  
Vladimir Vrhovšek ◽  
◽  
Keyword(s):  
Rule Of Law ◽  
Case Law ◽  
Theory And Practice ◽  
Legal Norm ◽  
The Rule Of Law ◽  
Know How ◽  
The People ◽  
Key Factor ◽  
Law And Justice ◽  
Legal Security

We, as the authors of this text, have found it important to point out the close connection between law and justice, theory and practice, because citizens go to court for justice. The judge says what justice is. However, when the legal norm is available and well known to the persons, to whom it refers, and when it is predictable and the case law is uniform, the persons to whom the legal norm refers, can know their rights and obligations concretely, and thus know how to treat them. In order to that they must behave and anticipate the consequences of their behavior. When all the above has been fulfilled, it can be said that the requirements of the rule of law and legal security have been met, so it can be freely said that law and justice are at the "service of the people", through theory and practice. It should be reminded that the precision of the legal norm is one of the basic elements of the rule of law and is a key factor for the emergence and maintenance of the legitimacy of the legal order, which applies to all branches of law, and that court decisions are binding on all.

The State and the Rule of Law

1970 ◽  
Vol 2 (1) ◽  
pp. 7-13
Author(s):  
Andrzej Zoll
Keyword(s):  
Rule Of Law ◽  
Political System ◽  
The State ◽  
The Political ◽  
The Rule Of Law ◽  
The Law ◽  
Democratic Principles ◽  
Set Up ◽  
The One ◽  
Real Chance

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.

Vergaberecht als Digitalisierungsfolgenrecht

2019 ◽  
Vol 52 (1) ◽  
pp. 65-98
Author(s):  
Christoph Krönke
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Information Technologies ◽  
Public Procurement ◽  
The State ◽  
Effective Control ◽  
Legal Requirements ◽  
The Rule Of Law ◽  
Margin Of Appreciation ◽  
The One

Abstract The State bears a certain responsibility for the consequences of digitalizing public administration and services. The principles of democracy and the rule of law demand that the state retains effective control over the digitalized performance of ist tasks. This “digital responsibility” of the State also has an impact on the application of public procurement rules governing the procurement of information technologies and services (IT). On the one hand, ensuring digital responsibility will often mean that the contracting authority needs a broad margin of appreciation when interpreting the rules of procurementlaw – for examplewith regard to the legal requirements for choosing special procurement procedures enabling a particulary flexible IT procurement. On the other hand, the contracting authority’s digital responsibility can also be turned against it: When involving, for instance, private parties in the preparation of substantial decisions concerning the procurement of IT, the authority must keep itself well informed and may not simply take over prepared decisions. This way, the digital responsibility of the State can be (and should be) used as a distinct legal argument under public procurement law.

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