1 “A Diabolical Violence” and “Authority Above the Law”: Ottoman Rule in Venetian Public Discourse

Keyword(s):  
2019 ◽  
Vol 34 (2) ◽  
pp. 183-209
Author(s):  
Alex Deagon

ABSTRACTJohn Milbank's critique of the secular as a violent distortion of Christian theology is well established. Less clear is how Milbank's framework might bear upon secular liberalism as it specifically relates to liberal ideas of religious freedom and public or secular reasons in political contexts. This is especially worthy of investigation since “religious freedom” is part of the liberal framework Milbank so stridently critiques. This article attempts to reconcile Milbank's theological critique of secular liberalism with the idea of religious freedom by applying Milbank's theology and the law of love to liberal notions of public discourse for the purpose of redeeming and transforming that discourse. This redeemed “liberalism” provides a framework for persuasion to the Good by recognizing that all public positions (including secularism) are ultimately faith positions, and advocates a discourse governed by the law of love to produce genuine religious freedom that paradoxically transcends and fulfils the liberal ideals that secular liberalism proclaims but can never attain.


NAN Nü ◽  
2019 ◽  
Vol 21 (1) ◽  
pp. 76-106
Author(s):  
Yue Du

Abstract Tongyang, rearing daughters-in-law from childhood, was widely practiced as a form of bride price marriage and transactional family building in late imperial and Republican China. Denounced as feudal and backward in twentieth-century public discourse, this time-honored and once legally-protected form of marriage went through significant law reforms in the Republican era. This article examines how the Nationalist Guomindang (GMD) party-state (1928-1949) re-conceptualized tongyang by introducing foreign-inspired notions of parenthood as duty-bound guardianship, and marriage as a union of free choice between spouses. The reformed law annulled the legal relationship between “parents-in-law” and their adoptive daughters-in-law, which enabled adoptive daughters-in-law and their natal parents to dissolve previously established tongyang arrangements through litigation. But outside the courtroom, the Nationalist state adopted a non-interventionist approach toward the practice of tongyang, and took no actions to identify people who violated the law. This particular way of reforming social customs through reforming the law limited the effect of the GMD anti-tongyang legislation on a deeply-rooted social practice. The Nationalist reform of the adoptive daughter-in-law provides historians with a useful lens to discuss the dilemma Nationalist lawmakers faced as they treaded between the lines of offending popular customs and enforcing a rigid new social order through law, the balance of which was intimately connected with the regime’s legitimacy.


2011 ◽  
Vol 5 (2) ◽  
Author(s):  
Yoav Hammer

Modern advertisements contain little information and expose few arguments. They rarely describe the product and its usage or compare it to similar products. Yet, advertisements convey many messages—they attach meaning to products, suggest values, and spread a particular view of life. Advertisements create a failure in the democratic process; through advertising, commercial corporations intervene in the democratic discourse. Citizens are intensively exposed to the consumerist worldview while alternative points of view are scarcely presented in the communicative sphere.But commercial corporations are not legitimate participants in the public discourse in a democracy since they do not represent the political support of citizens. Presently, courts grant advertisements freedom of speech protection based on the importance of providing information for viewers. But by doing this, courts ignore the value suggesting messages prevalent in modern advertisements.For many years the law in the domain of campaign finance has restricted the speech of corporations in order to prevent distortion of the political discourse prior to elections. Similarly, we should allow the State to intervene to repair the failure in the public discourse created by advertisements. The law regarding informative messages and value-suggesting messages contained in advertisements should treat each separately, and advertisers should not be permitted to convey messages of the latter.


1994 ◽  
Vol 27 (1) ◽  
pp. 30-45 ◽  
Author(s):  
Leanne Craze ◽  
Patricia Moynihan

Garry David, the Victorian gunman who required special legislation to detain him indefinitely because of his ‘dangerousness’ has become a classic Australian case example of ‘law and order’ politics. This paper uses a post-Structuralist approach to argue that the core dynamic in the case is the production of representations of the uncontrollable and incomprehensible. Politicians have been drawn to ever more dramatic display of the need for law and order. Inflated images of violence become the dominant public discourse and are used to legitimate increasingly punitive measures directed against representations of the Other.


2005 ◽  
Vol 7 (1-4) ◽  
pp. 5-28
Author(s):  
Jenny Morgan

This article explores the possible reasons for the absence of a public discourse about sexual harassment in Australia, which can be contrasted with a relatively well-developed legal discourse. It also briefly compares the debate about sexual harassment in the United States and Australia that followed in the wake of controversial and very public sexual harassment cases in each country. It argues that the debate in the wake of the Clarence Hill-Anita Thomas hearings in the United States was much more productive than the debate in Australia after the publication of Helen Garner’s book, The First Stone. The discussion in Australia focused on whether the young women in the case had ‘over-reacted’ and whether there were generational differences in women’s reactions to sexual harassment. The more interesting (and I would argue, far more important) questions of what is sexual harassment is and what are its effects were ignored. This article goes on to explore one aspect of what sexual harassment is and does by examining what women actually do in response to sexual harassment through an analysis of some of the stories of targets of harassment as they appear in the law reports. In this way it tries to make some of the legal discourse about sexual harassment a part of the public discourse about the phenomenon.


Author(s):  
Sergejus Neifachas ◽  
Andrej Rudanov

This article was prompted by the disputes often arising in Lithuanian public discourse and concerning the change in the study environment in higher education, the limits of the interpretation of study environment as a legal category, and a certain vacuum in the legal philosophy of the educational system, which prevents proper development of the authentic science of education law. Writing about the study environment means writing about higher education, the law, and the perception of the law, while writing about the interpretation of the study environment should start with the theories of concept interpretation. We will there-fore see that the interpretation of study and environment as legal concepts will undoubtedly link the science of law to hermeneutics, education science, politics, and philosophy. Exami-nation of the study environment as a legal category in the legal discourse about Lithuanian higher education is very poorly developed. This is how the idea for this article came about: to present the perception of the study environment as a legal category through the examina-tion of interdisciplinary public (education) policy and legal research. The article aims to dis-cuss the concept of study environment and its content, to define aspects of the formation (content contexts) of the study environment as a legal category by highlighting methodolog-ical positions, and to explain the legal norms that establish the study environment as a legal category. Key words: study environment, legal category, legal idea, legal norm, legal relationship in the study environment, limits of legal regulations.


Author(s):  
András Jakab

Las instituciones se elaboran como la interacción, de los siguientes tres componentes: reglas formales, practicas reales y narrativas (los dos últimos, las prácticas y las narrativas, se configuran conjuntamente como los «elementos informales»). Sin embargo, los juristas en los estados postsocialistas no ven la ley a través de la lente institucional, y a menudo alimentan una idea falsa y simplista de la ley: en tanto que la consideran como la suma de reglas, normalmente disociadas de su práctica real, de las normas y de las narrativas adjuntas (acompasando todo desde la razón de ser y la finalidad de la institución, su simbolismo, el discurso público que las rodea y las actitudes sociales respecto de la institución). Esta visión restrictiva hace a los juristas húngaros ciegos y en ciertas situaciones los deja indefensos ante las actuales tendencias totalitarias. El fortalecimiento institucional ha alcanzado un logro moderado en Hungría. Por decirlo de forma más pesimista, ha fallado parcialmente desde el fin del socialismo, particularmente en relación con las actuales prácticas y narrativas. En el contexto húngaro, las consideraciones sobre los problemas del fortalecimiento institucional sugieren dos conclusiones generales: de una parte, la falta de coherencia entre los elementos individuales (normas, prácticas y narrativas) conduce a unas instituciones menos estables y consecuentemente menos capaces de inducir a la observancia del Derecho; de otra parte, las instituciones que se han establecido han fallado en la tarea de brindar prosperidad a la comunidad política. Este trabajo describe la elaboración de la Constitución del 2010/2011 desde la perspectiva del fortalecimiento institucional. Esta aproximación institucionalista de carácter general ofrece dos conclusiones: (1) La experiencia histórica muestra que, más allá de una honesta determinación, una reforma institucional radical de todo el sistema jurídico legal solo puede tener éxito si existe presión internacional que, lamentablemente en este caso, ha disminuido desde la entrada Hungría en la Unión Europea. Esto es, el fortalecimiento institucional debe ir de la mano de las obligaciones tanto de la Unión Europea como internacionales, que han sido adoptadas en los momentos políticos más solemnes, a fin de garantizar que la comunidad política no pueda entrar posteriormente en un modo autodestructivo. (2) Es preciso tener en cuenta y de forma consciente aquellos elementos que están más allá de las reglas formales —como son las prácticas reales y las narrativas— tanto en el ámbito de la legislación, como en de la aplicación del Derecho o en el de la formación jurídica, ello dará como resultado un fortalecimiento paulatino de los elementos culturales sustantivos necesarios para el Estado de Derecho y la democracia. Esto requiere, sin embargo, de una acción política, más concretamente del ajuste de las reglas formales. En tanto que esto no forme parte del interés de los legisladores a quienes esta tarea incumbe, será poco probable superar el punto muerto en que nos encontramos.Institutions are made up of the interplay of three components: (1) formal rules, (2) actual practices and (3) narratives (the two latter ones are referred to jointly as informal institutional elements). However, lawyers in post-socialist countries do not see law through institutionalist lenses, but often nurture a false and simplistic idea of the law: they consider it to be the sum of rules, often disregarding the actual practices of the rules’ addressees and narratives attached to the law (encompassing everything from the raison d’etre and goal of the institution, its symbolism, the public discourse surrounding it, and social attitudes towards the institution). This restricted view makes Hungarian lawyers blind and to a certain extent also defenceless against recent authoritarian tendencies. Institution-building has been a moderately successful feat in Hungary. To put it more pessimistically, it has partially failed since the end of socialism, in particular when it comes to actual practices and narratives. In the Hungarian context, consideration of the problems of institution- building suggests two general conclusions: on the one hand, the lack of unison among the individual elements (rules, practices, narratives) renders institutions less stable and consequently less capable of inducing compliance with the law; on the other, the institutions that have been established have failed to deliver prosperityto the political community. This paper describes the constitution-making of 2010/11 from the perspective of institution-building. This institutionalist view of the law yields two main specific findings: (1) Historical experience shows that besides honest determination, the radical institutional overhaul of a complete legal system can only be successful in the presence of external pressure, the effect of which has unfortunately decreased with Hungary’s accession to the EU. That is, institution-building should go hand-in-hand with effective international and EU obligations undertaken in more sober political moments to guarantee that the political community will not later enter into a self-destructive mode. (2) Taking elements beyond mere rules more consciously into account, such as actual practices and narratives in the realm of legislation, the application of the law and legal training would ideally result in the gradual reinforcement of substantive cultural elements. This, however, requires political action, more precisely the adjustment of formal rules. Since this is not in the interest of the incumbent decision-makers, overcoming the impasse seems unlikely for the time being.


Author(s):  
Bjarne Melkevik

The author analyses the contribution of Jürgen Habermas as an open model of legal thought. He focuses more specifically on the question of the transformation of law as "anchored" in democratic legitimacy and therefore to be understood from the life world of concrete individuals. The author emphasizes that Habermas seeks to democratically stabilize "legality and legitimacy" to protect them from all undemocratic usurpation. The author stresses the "social validity" that accompanies all public discourse and the perspective of democracy obtained by speaking out at the level of a multitude of social "procedures". It is through practical discussions that we can "test" the normative proposals to better assess their "meanings and validity", their "cognitivity and universality", their "usefulness (“interest”) and (conceivable) consensus". The author analyses these six bodies of thought in detail to identify the meaning of habermasian thought concerning the democratic transformation of the law. He insists that the transformation of the law is "tested" in society from the bottom up in order to create, as much as possible, the broadest possible social consensus concerning “law”. In the end, the law attests to our ability to live together.


Author(s):  
András Jakab

Abstract Institutions are made up of the interplay of three components: (i) formal rules, (ii) actual practices, and (iii) narratives (the last two are referred to jointly as informal institutional elements). However, lawyers in post-socialist countries do not see law through institutionalist lenses, but often nurture a false and simplistic idea of the law: they consider it to be the sum of rules, often disregarding the actual practices of the rules’ addressees and the narratives attached to the law (encompassing everything from the raison d’être and goal of the institution, its symbolism, the public discourse surrounding it, to social attitudes toward the institution). This restricted view makes Hungarian lawyers blind and to a certain extent also defenceless against recent authoritarian tendencies. Institution building has been a moderately successful feat in Hungary. To put it more pessimistically, it has partially failed since the end of socialism, in particular when it comes to actual practices and narratives. In the Hungarian context, consideration of the problems of institution building suggests two general conclusions: on the one hand, the lack of unison among the individual elements (rules, practices, narratives) renders institutions less stable and consequently less capable of inducing compliance with the law; on the other, the institutions that have been established have failed to deliver prosperity to the political community. This Article describes the constitution making of 2010–2011 from the perspective of institution building. This institutionalist view of the law yields two main specific findings: First, historical experience shows that in addition to honest determination, a swift, radical institutional overhaul of a complete legal system can only be sustainable in the presence of an external pressure, the effect of which has unfortunately decreased with Hungary’s accession to the European Union. That is, institution building should go hand in hand with effective international and EU obligations undertaken in more sober political moments to guarantee that the political community will not later enter into a self-destructive mode. Second, if they took more consciously into account elements beyond mere rules, such as actual practices and narratives in the realm of legislation, the application of the law and legal training would ideally result in the gradual reinforcement of substantive cultural elements. This, however, requires political action, more precisely the adjustment of formal rules. Since this is not in the interest of the incumbent decision makers, overcoming the impasse seems unlikely for the time being.


Author(s):  
Samantha Caslin

During the interwar years, the state became concerned about an escalation in the extent to which notions of promiscuity and prostitution were overlapping in public discourse. The ‘common prostitute’ had long been used as a cultural and legal reference point against which all standards of female sexual morality were judged. This marginalisation of women who worked as prostitutes was predicated on the prejudicial notion that they were different to other women. Yet, by the 1920s, changes in women’s lifestyles were challenging this form of moral categorisation, and the Street Offences Committee (1927-8) was formed to review the solicitation laws. However, this chapter argues that the creation of the Committee was not a product of concerns about the unfairness of criminalising prostitutes. Instead, the Committee was the product of the Home Office’s concern that a perceived erosion in the notional boundary between promiscuity and prostitution had made solicitation harder to police. Moreover, in paying particular attention to witness statements given to the Committee by members of the Liverpool Women Police Patrols, the chapter shows that even arguments against using the law to control prostitution did not necessarily seek to challenge the idea that the prostitute was morally transgressive.


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