Tertullian on ‘The Freedom of Religion’

2020 ◽  
Vol 37 (1) ◽  
pp. 145-175
Author(s):  
Jed W. Atkins
Keyword(s):  
Rule Of Law ◽  
Civil Religion ◽  
Religious Liberty ◽  
Free State ◽  
Freedom Of Religion ◽  
The Rule Of Law ◽  
The People ◽  
Theoretical Significance ◽  
The Right

Abstract Tertullian first coined the phrase ‘the freedom of religion’. This article considers what this entails. I argue that Tertullian’s discussion of religious liberty derives its theoretical significance from his creative repurposing of the Roman idea of liberty as non-domination. Tertullian contends that the Roman magistrates’ treatment of Christian citizens and loyal subjects amounts to tyrannical domination characterized by the absence of the traditional conditions for non-domination: the rule of law, rule in and responsive to the interests of the people, and citizens’ rights. On his reworking of these criteria, he argues that citizens and loyal subjects should have the right to act publicly on the convictions of their conscience even if these actions conflict with the state’s civil religion. Tertullian shows that non-domination is a highly flexible idea that does not necessarily entail the participatory ‘free state’ of republicanism. Moreover, by applying the logic of non-domination to questions surrounding religious liberty, he opens up an important avenue of investigation largely ignored in the contemporary republican literature on non-domination.

scholarly journals Rule of law as a national phenomenon people's consciousness

2019 ◽  
pp. 58-67
Author(s):  
Olena Panchenko
Keyword(s):  
Rule Of Law ◽  
Legal Culture ◽  
Point Of View ◽  
Legal Consciousness ◽  
Personality Structure ◽  
Natural Basis ◽  
Main Thrust ◽  
The Rule Of Law ◽  
The People ◽  
The Right

The article is devoted to the study of the rule of law as a social phenomenon, which is formed and viewed by us through the national legal consciousness of the people. These philosophical and legal categories are important for the formation of the correct (tested by time and reality) and the right awareness of society of their behavior, as well as effectively serve from the point of view of natural and legal influence on the formation and implementation of legal relations, and are a natural basis of law itself The main thrust of this article is that the rule of law in society depends to some extent on the national spirit of law and finds its foundations in the mentality of the people themselves. Historically, state and natural features of the rule of law further influence the formation of legal consciousness and legal culture in particular. Willingness is an important element of the national phenomenon in the consciousness of our people. The rule of law is the legal culture and legal consciousness that are closely linked to the national elements and characteristics of the people themselves who use the phenomenon. Since the rule of law is largely inherently in the form of ideas and perceptions, it is appropriate to note that such perceptions are necessarily nationalist in nature. Legal ideas and national ideas are fundamental to the formation and awareness of the rule of law Just as the rule of law is directly related to human nature, its national identity, and its vitality, it directly controls the sphere of human behavior and actions. The basic tenets that are enshrined in the rule of law are the ideas of freedom and justice. The rule of law as a national phenomenon of justice of the people is of the highest philosophical and legal value, since its place in the legal reality is determined by social and national factors and personality structure. Keywords: law, rule of law, phenomenon, national, legal consciousness.

scholarly journals «HATE SPEECH» IN INTERNATIONAL AND EUROPEAN LEGAL CONTEXT

2017 ◽  
pp. 95-105
Author(s):  
M. Medvedieva ◽  
E. Dibrivna ◽  
R. Kuharchuk
Keyword(s):  
Rule Of Law ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Legal Discourse ◽  
Fundamental Principle ◽  
Precise Definition ◽  
Freedom Of Religion ◽  
The Rule Of Law ◽  
Legal Context ◽  
The Right

It is proved that the term hate speech used in international legal discourse does not have a generalized and precise definition. It is noted that when using the term «hate speech» there is a conflict between the right to freedom of expression and the prohibition of discrimination on any grounds. It is emphasized that the concept of «hate speech» in its current use contradicts the fundamental principle of the rule of law, because it represents a threat to the democratic foundation of society. The unconditional introduction of the concept of «hate speech» into the laws of European states may endanger the right to freedom of expression, freedom of religion and freedom of assembly, as it provides grounds for establishing unreasonable restrictions on the exercise of these rights and freedoms.

scholarly journals PROCUREMENT OF LAND IN LEGAL SOCIOLOGICAL PERSPECTIVE

2018 ◽  
Vol 9 (1) ◽  
Author(s):  
Martin Roestamy
Keyword(s):  
Rule Of Law ◽  
Low Income ◽  
Public Interest ◽  
Legal Culture ◽  
Loss Of Life ◽  
The Rule Of Law ◽  
The Public ◽  
The People ◽  
The Right ◽  
Land Bank

If all stakeholders of land provision adhere to the principles governed by the Constitution and the State Controlling Right, then the issue of the regulation of land will not be a national dilemma inheriting a prolonged conflict and not less as a result of the loss of life. Land is something sacred (magical) for people who have historical and spiritual value is not just a matter of investment and business commodities that have been going on, but the land is the right of the nation that has the value of the struggle that becomes the object of the interests of all parties, the people, government, and speculators. This research is expected to be an input to stakeholders to support the birth of Land Bank as an institution in charge of providing land for public interest. The research was conducted by using Sociological Juridical Method combined with Normative Juridical with a Qualitative Approach. It concerns the problem of access to the rule of law which cannot run properly, and legal culture is still low so that with the sociological and juridical approach. Those can be found the nature of the primary cause problematic of land supply in Indonesia, especially for the public interest and more specifically for the benefit of providing housing for low-income people.Keywords : Procurement of Land, Legal Culture, State Right Controlling, Land Bank

Prosecuting the President

2019 ◽  
Author(s):  
Andrew Coan
Keyword(s):  
Rule Of Law ◽  
American People ◽  
The Rule Of Law ◽  
Civic Duty ◽  
The People ◽  
Special Prosecutor ◽  
The Government ◽  
The Right ◽  
Political Scandals ◽  
Do So

The first special prosecutor was appointed by President Ulysses S. Grant in 1875. Ever since, presidents of both parties have appointed special prosecutors and empowered them to operate with unusual independence. In short order, such appointments became a standard method for neutralizing political scandals and demonstrating the president’s commitment to the rule of law. This long, mostly forgotten history shows that special prosecutors can do much to protect the rule of law under the right circumstances. It also shows that they are fallible. Many have been thwarted by the formidable challenges of investigating a sitting president and his close associates. Some have abused the powers entrusted to them. Yet such cases are rare. At their best, special prosecutors function as avatars of the people channeling an unfocused popular will to safeguard the rule of law. But special prosecutors can function effectively only if the people care about holding the president accountable. If a president thinks he can fire a special prosecutor without incurring serious political damage, he has the power to do so. Ultimately, only the American people can decide whether the president is above the law. At any given moment, this question can seem like a purely partisan one. All Americans, however, have a profound stake in preserving the “government of laws and not of men” passed down to us by previous generations. Prosecuting the President provides the information every American needs to perform this civic duty intelligently and responsibly.

PRINCIPLES OF STATE REGULATION OF THE ACTIVITIES OF BODIES OF THE STATE EXECUTIVE SERVICE AND PRIVATE EXECUTORS

2018 ◽  
Vol 1 (13) ◽  
pp. 69-77
Author(s):  
Mariіa Konstantinovna Kulava
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Social Relations ◽  
State Regulation ◽  
Court Decisions ◽  
Regulatory Requirements ◽  
The Rule Of Law ◽  
State Administration ◽  
Executive System ◽  
The Right

Within the presented article, taking into account already existing achievements of scientists, the concept, the main features of the principles of state administration of the executive system of Ukraine are defined. The principles of activity of executive bodies bodies according to the current legislation of Ukraine are determined. A brief description of the principles is presented, namely: the rule of law, legality, compulsory, independence, justice, impartiality and objectivity, discretion, transparency and openness of executive proceedings and its fixation by technical means, the reasonableness of the time limits for enforcement proceedings, the proportionality of enforcement measures and the amount of claims for decisions, the right to appeal decisions, actions or omissions of state executives, private performers. It is established that in general the principles of executive proceedings in the investigated normative acts are duplicated, in addition to the principles of independence and the right to appeal decisions, actions or inaction of state executives, private performers. The actual vision of the principles of public administration of the executive system of Ukraine is determined. The opinion on the need to supplement the list of principles with the following: the principle of equal competition between state and private performers through the balance between them; the principle of responsibility of the executive system bodies, their officials and private executors for damage caused as a result of violations of regulatory requirements; the principle of introducing effective incentives for voluntary implementation of decisions; the principle of professionalism and competence. Also, within the submitted article, it is stated that the use of the terms “principles” and “principles” in the Laws of Ukraine “On Bodies and Officials Performing Enforcement of Court Decisions and Decisions of Other Bodies”, “On Enforcement Proceedings”, which are adopted simultaneously and regulated, are unjustified, identical social relations.

Determinanty wewnętrzne polityki zagranicznej Ukrainy pod rządami Wołodymyra Zełenskiego

2019 ◽  
Vol 17 (1) ◽  
pp. 123-141
Author(s):  
Tomasz Stępniewski
Keyword(s):  
Market Economy ◽  
Rule Of Law ◽  
Political System ◽  
Free Market ◽  
Stable State ◽  
Free Market Economy ◽  
The Rule Of Law ◽  
The People ◽  
Internal Politics ◽  
Research Questions

The present paper discusses the following research questions: to what extent did errors made by the previous presidents of Ukraine result in the country’s failure to introduce systemic reforms (e.g. combating corruption, the development of a foundation for a stable state under the rule of law and free-market economy)?; can it be ventured that the lack of radical reforms along with errors in the internal politics of Ukraine under Petro Poroshenko resulted in the president’s failure?; will the strong vote of confidence given to Volodymyr Zelensky and the Servant of the People party exact systemic reforms in Ukraine?; or will Volodymyr Zelensky merely become an element of the oligarchic political system in Ukraine?

NAČELO PRILAGOĐENOSTI USLUGE I PRAVO NA SLOBODAN IZBOR

2021 ◽  
Author(s):  
Jelena Janković ◽  
Keyword(s):  
Rule Of Law ◽  
Service Sector ◽  
Free Choice ◽  
Moral Authority ◽  
Service Users ◽  
Service Economy ◽  
Moral Dimension ◽  
The Rule Of Law ◽  
Legal Relationship ◽  
The Right

The first step of a positive change in the system of service-legal relations is a change of view on the role and importance of service users. By providing opportunity to the service user to be an active and important member of the service-legal relationship, a far-reaching and universal value of humanization of the service economy sector is achieved. In such circumstances, the moral authority of the service law is realized through its justice and through voluntary obedience to the law of the subjects of the service-legal relationship. Precisely, this moral dimension of the rule of law, in the service economy sector is realized by applying the principles of service suitability and the right to free choice. In this regard, the paper analyzes the moral dimension and culture of the rule of law in the service sector, based on the principle of service suitability and the right to free choice, which are presented in the paper as guardians of justice of the service-legal norm.

Judicial independence as a precondition for mutual trust? The CJEU in Minister for Justice and Equality v. LM

2018 ◽  
Vol 9 (3) ◽  
pp. 353-365 ◽  
Author(s):  
Petra Bárd ◽  
Wouter van Ballegooij
Keyword(s):  
Member State ◽  
Rule Of Law ◽  
Mutual Recognition ◽  
Judicial Independence ◽  
Fundamental Rights ◽  
Judicial Cooperation ◽  
The Rule Of Law ◽  
State Compliance ◽  
The Right ◽  
The Eu

This article discusses the relationship between judicial independence and intra-European Union (EU) cooperation in criminal matters based on the principle of mutual recognition. It focuses on the recent judgment by the Court of Justice of the EU in Case C-216/18 PPU Minister for Justice and Equality v. LM. In our view, a lack of judicial independence needs to be addressed primarily as a rule of law problem. This implies that executing judicial authorities should freeze judicial cooperation in the event should doubts arise as to respect for the rule of law in the issuing Member State. Such a measure should stay in place until the matter is resolved in accordance with the procedure provided for in Article 7 TEU or a permanent mechanism for monitoring and addressing Member State compliance with democracy, the rule of law and fundamental rights. The Court, however, constructed the case as a possible violation of the right to a fair trial, the essence of which includes the requirement that tribunals are independent and impartial. This latter aspect could be seen as a positive step forward in the sense that the judicial test developed in the Aranyosi case now includes rule of law considerations with regard to judicial independence. However, the practical hurdles imposed by the Court on the defence in terms of proving such violations and on judicial authorities to accept them in individual cases might amount to two steps back in upholding the rule of law within the EU.

Sign in / Sign up

Export Citation Format

Share Document