The Legacy of Pluralism

2020 ◽  
Author(s):  
Mariano Croce ◽  
Marco Goldoni
Keyword(s):  
The State ◽  
Legal Order ◽  
Carl Schmitt ◽  
Current Crisis ◽  
Form Of Life ◽  
Full Attention ◽  
Radical Pluralism ◽  
Inherent Feature

Book Abstract: How should the state face the challenge of radical pluralism? How could constitutional orders be changed when they prove unable to regulate society? Santi Romano, Carl Schmitt, and Costantino Mortati, the leading figures of Continental legal institutionalism, provided three responses that deserve our full attention today. Mariano Croce and Marco Goldoni introduce and analyze these three towering figures for a modern audience. Romano thought pluralism to be an inherent feature of legality and envisaged a far-reaching reform of the state for it to be a platform of negotiation between autonomous normative regimes. Schmitt believed pluralism to be a dangerous deviation that should be curbed through the juridical exclusion of alternative institutional formations. Mortati held an idea of the constitution as the outcome of a basic agreement among hegemonic forces that should shape a shared form of life. The Legacy of Pluralism explores the convergences and divergences of these towering jurists to take stock of their ground-breaking analyses of the origin of the legal order and to show how these help us cope with the current crisis of national constitutional systems.

Pergeseran Politik Hukum Zakat dari Era Soekarno Menuju Soeharto

2019 ◽  
Vol 1 (2) ◽  
Author(s):  
Muhamad Nasrudin
Keyword(s):  
The State ◽  
Full Attention ◽  
Other Hand

Regarding Indonesia as non-islamicstate, discourse of almsgiving management is very important to be discussed. Islam tends to argue that The State has to manages almsgiving. But in other hand, NKRI as non-islamicstate tends to avoiding intervention in religious practical event. When Soekarno taok rules, national revolution gave full attention, so the dinamics of almsgiving management has no intention. But when Soeharto took rules, intention to The State to manage almsgiving get bigger number. In other hand, The State gave counter-attack, the best it can. Based on bibliotical research, this paper displays the dinamics of almsgiving management law-policy in those eras and describes how far the shift was happened. Kata kunci: politik hukum zakat, pengelolaan zakat, UU Pengelolaan Zakat,  

scholarly journals Markets: State Franchise Laws, Dealer Terminations, and the Auto Crisis

2010 ◽  
Vol 24 (3) ◽  
pp. 233-250 ◽  
Author(s):  
Francine Lafontaine ◽  
Fiona Scott Morton
Keyword(s):  
Market Share ◽  
State Level ◽  
Legal Framework ◽  
The State ◽  
General Motors ◽  
Current Crisis ◽  
State Laws ◽  
Distribution Costs ◽  
Retail Prices ◽  
The Government

In fall 2008, General Motors and Chrysler were both on the brink of bankruptcy, and Ford was not far behind. As the government stepped in and restructuring began, GM and Chrysler announced their plan to terminate about 2,200 dealerships. In this paper, we first provide an overview of franchising in car distribution, how it came about, and the legal framework within which it functions. States earn about 20 percent of all state sales taxes from auto dealers. As a result, new car dealerships, and especially local or state car dealership associations, have been able to exert influence over local legislatures. This has led to a set of state laws that almost guarantee dealership profitability and survival—albeit at the expense of manufacturer profits. Available evidence and theory suggests that as a result of these laws, distribution costs and retail prices are higher than they otherwise would be; and this is particularly true for Detroit's Big Three car manufacturers—which is likely a factor contributing to their losses in market share vis-à-vis other manufacturers. After discussing the evidence on the effects of the car franchise laws on dealer profit and car prices, we turn to the interaction of the franchise laws and manufacturers' response to the auto crisis. Last, we consider what car distribution might be like if there were no constraints on organization. We conclude that although the state-level franchise laws came about for a reason, the current crisis perhaps provides an opportunity to reconsider the kind of regulatory framework that would best serve consumers, rather than carmakers or car dealers.

scholarly journals INTERNATIONAL LEGAL ORDER: ON THE ISSUE OF ITS PROPERTIES (THEORETICAL ASPECTS)

2016 ◽  
Vol 2 (127) ◽  
pp. 115-122
Author(s):  
I. Zabara
Keyword(s):  
International Law ◽  
The State ◽  
Legal Order ◽  
General Context ◽  
Theoretical Approaches ◽  
Ability To Act ◽  
The Status ◽  
International Legal Order ◽  
The Difference ◽  
Internal And External Factors

The article deals with one of the theoretical aspects of international legal order issues – the question of its properties. The author summarizes the doctrinal views of international law and regards the basic properties of the phenomenon of international legal order as its ability to act as system complexity, dynamism, orderliness, the reality and legitimacy of actions of subjects. The author notes that there is a common position in the doctrine, according to which the international legal order is a system. However, he notes that the difference in views on the international legal order as a system consists in the components the researchers include in its composition; the author examines two theoretical approaches. The complexity of the international legal order is determined from the standpoint of the number of its elements and components, as well as the number of their connections. This opinion highlights the fact that the predominant role is played by the quantity of links between elements and components, and indicates the international legal order capacity for permanent changes under the influence of the relevant internal and external factors. The dynamism of the international legal order is characterized from the point of capacity for the development and modification. It is stated that the state of the dynamics is effected by several circumstances. The author concludes that this international legal order’s property as a dynamism is one of the qualities that characterizes its condition as a system. The orderliness of the international legal order is considered from a consistency point, the interaction of parts of the whole, due to its structure. The author notes that the ordering of the international legal order displays its internal relationships and emphasizes its status as a system. The reality of the international legal order is characterized from the point of objectively existing phenomenon. The author concludes that the allocation of the international legal order of reality as one of its properties is intended to emphasize the status of one of its most important components - the state of international relations. Separately, the author considers the question of the legality of actions of subjects of international law, which are discussed in the doctrine from the standpoint of the conditions necessary for its maintenance. The author points out that in the general context of the properties that characterize the international legal order, it can be considered as an aspect wich together with other characterizes the state of the international legal order.

scholarly journals Kant's metaphysics of law

2004 ◽  
Vol 76 (9) ◽  
pp. 426-436
Author(s):  
Danilo Basta
Keyword(s):  
International Law ◽  
The State ◽  
Legal Order ◽  
The Political ◽  
Political Union ◽  
History Of Interpretation ◽  
Final Goal ◽  
History Of ◽  
Cosmopolitan Law ◽  
Political Principles

The history of reception and the history of interpretation of Kant's legal deliberation are not the same even after two centuries. This was not only due to the recipients and interpreters of Kant's thoughts but also and above all due to Kant, i.e., the content and the spirit of his philosophy. The law of the state, the international law, and the cosmopolitan law are the ways to approach the eternal peace, which was considered by Kant as the final goal of the entire international law. The existence of the State is based on the idea of the Initial Agreement. According to Kant, in the Initial agreement all the individuals abandoned their external freedom in order to attain the freedom in a legal order as members of the political union. Kant did not always succeed to stay on the level of his own legal and political principles, and hence the light of his philosophy is sometimes covered with the dark shadows.

Judgment No. 238 – 2014 (IT. Const. Ct.)

2015 ◽  
Vol 54 (3) ◽  
pp. 471-506
Author(s):  
Alessandro Chechi
Keyword(s):  
The State ◽  
Legal Order ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
International Court Of Justice ◽  
State Immunity ◽  
Court Of Justice ◽  
International Court ◽  
Constitutional Legitimacy

On October 22, 2014, the Italian Constitutional Court rendered a decision on the constitutional legitimacy of certain domestic norms that required Italy’s compliance with the rule on state immunity sanctioned by the International Court of Justice (ICJ) with the Judgment Jurisdictional Immunities of the State (Germany v. Italy: Greece Intervening). The Constitutional Court declared that the international customary obligations on state immunity from jurisdiction can be applied automatically within the Italian legal order only as long as they are in conformity with the fundamental rights contained in the Constitution.

Estudio sobre el aumento del papel coordinador del Estado en la reforma de la regulación de los Parques Nacionales

2014 ◽  
pp. 2327-2350
Author(s):  
Anna PALLARÈS SERRANO
Keyword(s):  
National Parks ◽  
The State ◽  
Legal Order ◽  
Most Significant Change ◽  
Significant Change

LABURPENA: Oro har naturagune babestuen eta bereziki Parke Nazionalen arloko eskumenen banaketatik abiatuta, eta gure ordenamendu juridikoan dagoen koordinazioahalmenetik abiatuta, Estatuaren koordinazio-lana areagotu ahal izateko elementu guztiak aztertzen ditugu, hori baita Parke Nazionalei buruzko berehalako lege-erreformako aldaketa nagusia. Estatuaren koordinazio-lana handitu ahal izateko sartutako elementuen zentzua, erabilgarritasuna, eraginkortasuna eta konstituzionaltasuna aztertzen dugu lan honetan. Gure ustez gure ordenamenduarekin koherenteak ez diren alderdiak ere adierazten ditugu, eta legegileak horren aurrean jarraitu beharko lukeen bidea erakusten dugu. RESUMEN: Partiendo del reparto competencial asentado en la materia de los espacios naturales protegidos, en general, y de los Parques Nacionales, en particular, y del concepto y ejercicio de la potestad de coordinación existente en nuestro ordenamiento jurídico, analizamos la batería de elementos que llevan a incrementar el papel coordinador del Estado, que consideramos constituye el cambio más trascendental de la inmediata reforma de la ley de Parques Nacionales. En este estudio analizamos el sentido, la utilidad, operatividad y constitucionalidad de los elementos introducidos para aumentar el papel coordinador del Estado. Al mismo tiempo, señalamos aquellos aspectos que consideramos que no son coherentes con nuestro ordenamiento y apuntamos el camino que tendría que seguir el legislador al respecto. ABSTRACT: On the basis of the allocation of powers regarding the protected natural spaces in general and National Parks in particular, and the concept and exercise of the power of coordination which exists in our legal order we analyze a set of elements which lead to promote the role of coordination by the State, which we consider to be the most significant change in the immediate reform of the Act on National Parks. We analyze in this study the meaning, the utility, operativity and constitutionality of the elements introduced in order to promote the role of coordination by the State. At the same time, we note those features that we consider that are not coherent with our order and in that regard we show the path to be followed by the legislator.

Special aspects of tax liability of small business enterprises in Russia

2021 ◽  
pp. 101-109
Author(s):  
Alina V. Agzamova ◽  
Alena E. Zaborovskaya
Keyword(s):  
Small Business ◽  
Russian Federation ◽  
Small Businesses ◽  
Negative Impact ◽  
The State ◽  
Small Enterprises ◽  
Tax Burden ◽  
Current Crisis ◽  
Tax Regimes ◽  
The Russian Federation

In modern economic conditions, the state of small business is an indicator that reflects the dynamics of the development of the main socio-economic trends occurring in the country. In return, the current crisis phenomena have a negative impact on the development of small business, which contributes to the formation of the middle class, which makes up a significant part of the economically active population of the country. Despite all the measures provided by the government of the Russian Federation (tax holidays, subsidies, reduction of the tax burden due to the introduction of special tax regimes, etc.), the number of small businesses is decreasing. This article analyzes the current state of the state’s tax policy in relation to small enterprises, examines the issues of taxation of small enterprises in Russia, and identifies the main trends and disadvantages of taxation of small businesses. The most complex and urgent problems of functioning and further development of small businesses are identified and characterized. Statistical data on the dynamics and structure of small businesses by type of economic activity in Russia, the dynamics of the tax burden on small businesses, and tax revenues to the budget of the Russian Federation are presented and analyzed. The article substantiates the need to reform the tax system as a necessary measure to support small businesses, designed to improve and accelerate the dynamics of socio-economic development of the state.

Literature for the Planet

PMLA ◽  
2001 ◽  
Vol 116 (1) ◽  
pp. 173-188 ◽  
Author(s):  
Wai Chee Dimock
Keyword(s):  
Soviet Union ◽  
Divine Comedy ◽  
The State ◽  
Form Of Life ◽  
Territorial Sovereignty ◽  
The Soviet Union ◽  
Peculiar Form

What happens when a text is read in different centuries, different countries? The fate of the Divine Comedy in the Soviet Union suggests one answer. Focusing on Osip Mandelstam's intense attachment to Dante and thinking generally about the consequences of a globalizing readership, this essay argues for literature as a peculiar form of “life,” a planetary life. Not biological like an organism and not territorial like a nation, this form of life extends across linguistic borders and across the borders of chronology. This form of life comprises a population of temporal hybrids: “translations” that disrupt the territorial sovereignty of the state, even as they disrupt its regime of simultaneity.

Origins of Progressivism

2019 ◽  
pp. 23-60 ◽  
Author(s):  
Blake Emerson
Keyword(s):  
Twentieth Century ◽  
Legal Theory ◽  
Max Weber ◽  
State Theory ◽  
The State ◽  
Legal Positivism ◽  
Carl Schmitt ◽  
Constitutional History ◽  
German State ◽  
Normative Concept

This chapter describes German state theory in the nineteenth and twentieth century. It describes this tradition in order to clarify the relevance of German ideas to the American context. American political scientists and legal scholars frequently rely on German thinkers such as Max Weber and Carl Schmitt to understand the state. But these divergent assessments lack a grounding in the longer trajectory and the institutional dilemmas of German legal theory. The chapter provides that broader context and directs readers’ attention to the most promising strand of German thought: the philosophy of G.W.F. Hegel. Hegel would have formative significance for the Progressive thinkers who developed the American administrative state. Hegel understood the state’s purpose to be the advancement of freedom. The chapter contextualizes this idea and shows its influence throughout the nineteenth century, in the Rechtsstaat theories of Robert von Mohl, Lorenz von Stein, and Rudolf von Gneist. It then shows how this normative concept of the state was emptied out with the turn to legal positivism at the end of the century. Weber’s formal-rational conception of bureaucracy then arrived at a particularly unstable moment in German constitutional history, in the transition from monarchy to democracy. Weber’s bifurcated conception of legal and charismatic authority paved the way for Schmitt’s proto-totalitarian theory of the state. The chapter concludes by showing how German theorists in the second half of the twentieth century, such as Jürgen Habermas, continued to rely on Weber’s instrumental conception of bureaucracy.

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