“A Trespass against the Whole Species”: Universal Crime and Sovereign Founding in John Locke’s Second Treatise of Government

2018 ◽  
Vol 46 (4) ◽  
pp. 560-585
Author(s):  
Sinja Graf
Keyword(s):  
Natural Law ◽  
Private Property ◽  
Normative Theory ◽  
The State ◽  
The Self ◽  
The Political ◽  
State Of Nature ◽  
The Subject ◽  
The Creation

This essay theorizes how the enforcement of universal norms contributes to the solidification of sovereign rule. It does so by analyzing John Locke’s argument for the founding of the commonwealth as it emerges from his notion of universal crime in the Second Treatise of Government. Previous studies of punishment in the state of nature have not accounted for Locke’s notion of universal crime which pivots on the role of mankind as the subject of natural law. I argue that the dilemmas specific to enforcing the natural law against “trespasses against the whole species” drive the founding of sovereign government. Reconstructing Locke’s argument on private property in light of universal criminality, the essay shows how the introduction of money in the state of nature destabilizes the normative relationship between the self and humanity. Accordingly, the failures of enforcing the natural law require the partitioning of mankind into separate peoples under distinct sovereign governments. This analysis theorizes the creation of sovereign rule as part of the political productivity of Locke’s notion of universal crime and reflects on an explicitly political, rather than normative, theory of “humanity.”

scholarly journals Marka artystyczna. Jak rozumiane jest pojęcie marki w świecie sztuki?

2017 ◽  
Vol 61 (1) ◽  
pp. 231-251
Author(s):  
Agnieszka Szymańska-Palaczyk
Keyword(s):  
Contemporary Art ◽  
The State ◽  
Art World ◽  
Social Phenomenon ◽  
Level Of Knowledge ◽  
The Subject ◽  
The Creation

This article shows how members of the contemporary art world in Poland understand the concept of the brand: how they define and validate it; what associations it evokes; and what kind of language is used to speak about it. The article summarizes part of the research conducted in 2015 with members of the art world within the framework of the project ‘The Artistic Brand as a Social Phenomenon: The Creation, Differentiation, and Role of Artistic Brands in Contemporary Poland.’ Thoughts on the subject of art brands lead to a description of the state of contemporary art in Poland. The definitions formulated by the respondents are compared to marketing theories, thus making it possible to determine the respondents’ level of knowledge of such theories. In conclusion, definitions of artistic brands are reviewed and supplemented on the basis of the material obtained from the research.

scholarly journals The state and biopolitics: towards the origins of interrelation

2021 ◽  
pp. 39-47
Author(s):  
Aleksei Vladimirovich Iarkeev
Keyword(s):  
State Power ◽  
The State ◽  
Concentration Camps ◽  
Political Anthropology ◽  
The Political ◽  
State Administration ◽  
Labor Camps ◽  
The Subject ◽  
And Control

The subject of this research is the state as a biopolitical project founded on the principle of government intervention in life of the population. Leaning on the ideas and theoretical intentions of the “archeology of power”, economic and political anthropology, the author examines the genesis of the state from biopolitical perspective, proceeding from the hypothesis of the initial animalization of human presence pursuant to state power, which at breaking point, turns into biopolitical death machine, or thanatopolitics. In view of this, the author reveals the role of ancient state formations as the agents of forced “domestication” of the members of agricultural and cattle-raising societies based on the concentration of human resources and coercive labor as state-forming “technologies”, which allow producing surpluses appropriated by the power elites. The idea of pastoralist power, which emerged along with the first states, identifies subjects to a herd under wardship, treating them as a form of wealth similar to livestock. The main conclusion lies in explication of the biopolitical matrix of state administration, which identifies the subjects of the state with livestock, and the state territory with enclosed pasture. This leads to the parallels between cattle-raising and control over population, which paradigmatically determines the political modus operandi of state power that is implicit in the trajectory of its evolution up to the present day. At the threshold of “evolution” of such administrative paradigm emerge the modern radical topoi of the antihuman – the concentration camps (labor camps and death camps) organized by the model of cattle pens and slaughterhouses.

From Humanity to Sovereignty

2021 ◽  
pp. 49-76
Author(s):  
Sinja Graf
Keyword(s):  
Native American ◽  
Natural Law ◽  
Private Property ◽  
The State ◽  
Agricultural Labor ◽  
State Of Nature

Chapter 2 analyzes Locke’s notion of a “trespass against the whole species” in the Second Treatise of Government. It reconstructs his argument for private property and political government through the lens of universal crime in a colonial context. Once humanity is stipulated as the earth’s stakeholder in the state of nature, the failure to enclose land via labor wastes the earth’s potential and instantiates an offense against mankind. Presenting the figure of the Native American as the quintessential universal criminal failing to perform agricultural labor as a dictate of natural law, Locke’s argument reveals an inclusionary Eurocentrism that includes non-European peoples insofar as they violate humanity’s supposedly universal norms. Furthermore, once the introduction of money enables accumulation without spoilage, those wasting the earth’s productivity become scarcely recognizable as universal criminals, and humanity as the natural law’s subject becomes destabilized. Founding separate peoples under sovereign government hence becomes necessary to recreate law-governed collective life.

scholarly journals Wojna i władza w filozofii politycznej Hobbesa

Etyka ◽  
2003 ◽  
Vol 36 ◽  
pp. 137-157
Author(s):  
Sebastian Michalik
Keyword(s):  
Political Theory ◽  
Social Order ◽  
The State ◽  
The Political ◽  
Sovereign Power ◽  
Crucial Importance ◽  
State Of Nature ◽  
Dialectical Relationship ◽  
The Subject ◽  
The Individual

The subject of this article are two fundamental concepts of Hobbes’ political philosophy: “war of all against all” and political power. The analysis of anthropological basis of Hobbes’ political theory is of crucial importance for these considerations. It shows that the state of nature and the political state create dialectical relationship, not an insurmountable opposition. The further exploration leads to the conclusion that the sovereign power is identical with the rights and brutal actions of the individual living in the state of nature. In other words, political state is merely a continuation of conflicts taking place in the “war of all against all”. In order to conceal this fact Hobbes provides the sovereign power with the ideological effect of objectivity. The power based in sheer violence is masked as Leviathan who exists in the minds of its subject, creating an illusion of a cohesive social order devoid of any antagonisms and, therefore, objective.

16. Rousseau

2017 ◽  
Author(s):  
David Boucher
Keyword(s):  
Social Contract ◽  
Natural Law ◽  
Political Thought ◽  
Private Property ◽  
The State ◽  
Natural Rights ◽  
State Of Nature ◽  
Short Biography ◽  
Civic Virtues

This chapter examines Jean-Jacques Rousseau's political thought. It first provides a short biography of Rousseau before discussing varying interpretations of his ideas, suggesting that, because of his emphasis upon civic virtues and freedom as lack of an insidious form of dependence, the republican tradition best reflects Rousseau's concerns. It then considers Rousseau's distinctive contribution to the idea of the state of nature, noting that the springs of action in his state of nature are not reason are self-preservation and sympathy. It also explores Rousseau's views on private property, social contract, inequality, natural law and natural rights, democracy, religion, and censorship. The chapter concludes with an analysis of Rousseau's concern with freedom and dependence, and how the related issues of slavery and women were relevant for him.

scholarly journals Diarchy? The System of Co-Rulership in Byzantium at the Turn of the 13th – 14th Centuries and Its Impact on the Situation in the State

2021 ◽  
pp. 180-200
Author(s):  
Pavel Lysikov
Keyword(s):  
Power Relations ◽  
Systematic Approach ◽  
The State ◽  
The Political ◽  
Study Analysis ◽  
Specific Nature ◽  
Holistic Interpretation ◽  
The Subject ◽  
Political Decisions

Introduction. The study is dedicated to the system of co-rulership in Byzantium in the early Palaiologan period. Our goal is to determine the role of the Byzantine emperor, the son and co-ruler of his father, the emperor Andronikos II Palaiologos (1282–1328), Michael IX (1294–1320) in the political destabilization of the empire at the turn of the 13th–14th centuries by identifying the specific nature of power relations in the state at the time under study. Methods. The methodological basis of the study is a systematic approach. The power relations in Byzantium at the turn of the 13th–14th c. are considered as a system of interconnected elements that perform certain functions in relation to each other and to the system as a whole. The principles of the hermeneutic method allow us to give a holistic interpretation of the sources that form our understanding of the subject under study. Analysis and Results. As a result of the study, we found out that the specific nature of power relations in Byzantium at that time was determined by two circumstances. First, by the institutionalization of the co-rulership that occurred during the reign of the first Palaiologoi. It was mostly due to the publication of the prostagma by Michael VIII (1259–1282) in 1272, an important document, many provisions of which, in our opinion, were fully implemented (and, to some extent, even expanded) during the reign of his son Andronikos II. Second, by the division of managerial functions within the ruling family. While Andronikos II dealt with a whole range of issues related to various state activities (fiscal, socio-economic, administrative, political and legal, foreign policy, etc.), the younger basileus concentrated in his hands mainly the command of the army. The isolated position of Michael IX which consisted in his constant stay outside Constantinople and the presence of significant military contingents under his control provided a certain degree of independence for the younger basileus in his military and political decisions which often contradicted those of his father. At the same time, this separate co-existence of two imperial courts in the state with their own staff of courtiers disrupted the unity within a narrow group of the Byzantine elite, led to its disengagement and the appearance of people who associated with the younger emperor their further acquisition of high ranks and broader powers in Byzantium. After the death of Michael IX (1320) this circumstance will have a significant impact on the outbreak of the civil war in the empire (1321–1328).

Problems Of Investment Attractiveness In The Economy Of Uzbekistan

GIS Business ◽  
2020 ◽  
Vol 15 (1) ◽  
pp. 241-245
Author(s):  
Khamrakulova O.D. ◽  
Bektemirov A.B.
Keyword(s):  
Economic Growth ◽  
Development Strategy ◽  
Private Property ◽  
Economic Reforms ◽  
The State ◽  
Structural Reforms ◽  
The Development Strategy ◽  
Macroeconomic Stability

The deepening of economic reforms in Uzbekistan is closely linked to the strengthening of macroeconomic stability and the maintenance of high rates of economic growth and competitiveness, the continuation of institutional and structural reforms to reduce the presence of the State in the economy, and the further strengthening of the protection of rights and the priority role of private property, as reflected in the Development Strategy for 2017-2021.

Human Rights Activities as a Function of the Prosecutor’s Office

2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
Main Function ◽  
Federal Law ◽  
The Subject ◽  
The Russian Federation ◽  
The Law

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.

Turbulent Property Rights

2018 ◽  
Author(s):  
Hazel Gray
Keyword(s):  
Property Rights ◽  
Land Reform ◽  
High Growth ◽  
The State ◽  
The Political ◽  
Land Markets ◽  
Export Agriculture ◽  
Key Sectors ◽  
Political Settlement

This chapter explores the role of the political settlement in shaping outcomes of land investments by analysing struggles in key sectors of the economy. Land reform during the socialist period had far-reaching implications for the political settlement. Reforms to land rights under liberalization involved strengthening land markets; however, the state continued to play a significant role. Corruption within formal land management systems became prevalent during the period of high growth. Vietnam experienced a rapid growth in export agriculture but, in contrast with stable property rights for smallholders, Tanzania’s efforts to encourage large land investments were less successful. Industrialization in both countries generated new forms of land struggles that were influenced by the different distributions of power between the state, existing landowners, and investors.

Exploring the boundaries of rhetoric

2014 ◽  
Vol 27 (5) ◽  
pp. 793-806 ◽  
Author(s):  
Eduard Bonet
Keyword(s):  
Social Sciences ◽  
Conceptual Framework ◽  
Design Methodology ◽  
The Self ◽  
History Of Rhetoric ◽  
Content Type ◽  
History Of ◽  
Practical Development ◽  
The Subject

Purpose – The purpose of this paper is to examine how the boundaries of rhetoric have excluded important theoretical and practical subjects and how these subjects are recuperated and extended since the twentieth century. Its purpose is to foster the awareness on emerging new trends of rhetoric. Design/methodology/approach – The methodology is based on an interpretation of the history of rhetoric and on the construction of a conceptual framework of the rhetoric of judgment, which is introduced in this paper. Findings – On the subject of the extension of rhetoric from public speeches to any kinds of persuasive situations, the paper emphasizes some stimulating relationships between the theory of communication and rhetoric. On the exclusion and recuperation of the subject of rhetorical arguments, it presents the changing relationships between rhetoric and dialectics and emphasizes the role of rhetoric in scientific research. On the introduction of rhetoric of judgment and meanings it creates a conceptual framework based on a re-examination of the concept of judgment and the phenomenological foundations of the interpretative methods of social sciences by Alfred Schutz, relating them to symbolic interactionism and theories of the self. Originality/value – The study on the changing boundaries of rhetoric and the introduction of the rhetoric of judgment offers a new view on the present theoretical and practical development of rhetoric, which opens new subjects of research and new fields of applications.

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