The Enlightenment, Public Memory, Liberalism, and the Post-Communist World

2006 ◽  
Vol 20 (3) ◽  
pp. 395-418 ◽  
Author(s):  
Steven M. DeLue
Keyword(s):  
Eastern Europe ◽  
Rule Of Law ◽  
Public Memory ◽  
The Rule Of Law ◽  
Liberal Democratic ◽  
The Enlightenment ◽  
Political Relationships ◽  
Equal Respect ◽  
Do So

This article discusses the central role of public memory of radical injustice—or the systematic denial by a regime of the principle of equal respect for persons under the rule of law—in creating and preserving a liberal democratic regime. My contention is that, in the aftermath of the Enlightenment, efforts to deny equal respect in a systematic way to entire groups of people must be remembered by a society—indeed, there is a moral obligation to do so. And when these events are remembered, the basis for establishing and maintaining the rule of law in society on behalf of civic equality is more likely. A public memory of radical injustice has become much stronger in the countries of Eastern Europe than in Russia, and I speculate what the consequences of this circumstance are likely to be for the political relationships between Russia and the countries of Eastern Europe.

scholarly journals State-building for the market economy in Eastern Europe

2020 ◽  
Vol 70 (4) ◽  
pp. 471-491
Author(s):  
Paul Hare
Keyword(s):  
Eastern Europe ◽  
Rule Of Law ◽  
Law And Economics ◽  
Recent Analysis ◽  
The Rule Of Law ◽  
State Institutions ◽  
Role Of The State ◽  
New States ◽  
The Eu

AbstractKornai's earlier works embodied the idea that state institutions formed a system with a strong tendency to reproduce itself, and hence to resist minor reforms. Thus, at the end of socialism, huge changes were needed in politics, economics, and the law to build a new system oriented towards the market-type economy, which would again be stable, self-reinforcing and self-sustaining. Transition promoted the development of new states in Eastern Europe that conformed to the Copenhagen criteria for the EU accession. Were we too hasty in thinking that we had succeeded? The new systems are not returning to the previous one, and only in a few areas have the basic norms of a market-type economy been set aside in Hungary or Poland. But concerns arise at the interface between politics, law and economics – to do with the rule of law, the nature and role of the state, and the interactions between parliament, the executive and the judiciary. Unavoidably, there is also an interesting international dimension here, represented by the shift from the Warsaw Pact and CMEA to NATO and the EU. This paper explores these issues in the light of some of Kornai's recent analysis of developments in Hungary, while also drawing on his very insightful earlier works.

The Chinese Legal System: Continuing Commitment to the Primacy of State Power

1999 ◽  
Vol 159 ◽  
pp. 673-683 ◽  
Author(s):  
Pitman B. Potter
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
50Th Anniversary ◽  
State Power ◽  
Legal Requirements ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Policy Goals ◽  
Political Relationships

On the 50th anniversary of the founding of the PRC, the legal system plays an increasingly significant role in social, economic and even political relationships. Legal norms drawn largely from foreign experiences have been selected and applied through a plethora of newly established institutions. The role of law as a basis for government authority has become a legitimate and significant issue in the broader political discourse. Despite these achievements, law in China remains dependent on the regime's policy goals. Particularly where political prerogatives are at stake, legal requirements appear to pose little restraint on state power. In this sense, the ten years that have passed since Tiananmen appear to have had little impact on the willingness of the party-state to dispense with legal requirements in pursuit of political expediency. If we are to rely upon Dicey's dictum on the rule of law being in effect when the state becomes just another actor, the rule of law in China still seems a distant prospect indeed.

Legal gaslighting

2021 ◽  
Author(s):  
Alvin Y.H. Cheung
Keyword(s):  
Rule Of Law ◽  
Best Practice ◽  
Authoritarian Regime ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Legal Reforms ◽  
Liberal Democratic ◽  
International Audience ◽  
Democratic Norms ◽  
Do So

Suppose that an authoritarian regime wants to make changes to legal norms or institutions to consolidate its hold on political power. Suppose further that the regime in question cannot simply ignore the domestic or international costs of doing so, and that it has an interest in responding to critiques of these changes based on liberal democratic norms and the rule of law. How can it do so? One possible approach is to sow confusion and undermine the normative standards themselves – in effect, to ‘gaslight’ the domestic or international audience (or both). To that end, a regime might assert that the change it proposes resembles a ‘best practice’ from one or more other jurisdictions. Such emulation need not be thorough, or even sincere; it may suffice simply to assert that a proposed change resembles that in a jurisdiction with ironclad rule-of-law credentials. The changes being adopted may bear no real resemblance to the ‘comparators’ on closer examination. Alternatively, the measures being adopted may be similar on their face, but operate in such a different context that they end up serving a very different function to the function they perform in the comparator jurisdiction. Such gaslighting need not succeed in deceiving outsiders or subjects; undermining the standards by which legal reforms are measured, sowing confusion, or providing a superficial pretext for inaction may be sufficient.

scholarly journals Forging, Bending, and Breaking: Enacting the “Illiberal Playbook” in Hungary and Poland

2021 ◽  
pp. 1-16
Author(s):  
Andrea L. P. Pirro ◽  
Ben Stanley
Keyword(s):  
Civil Rights ◽  
Eastern Europe ◽  
Rule Of Law ◽  
Central And Eastern Europe ◽  
Political Reform ◽  
Executive Power ◽  
The Rule Of Law ◽  
Fine Grained ◽  
Liberal Democratic ◽  
Law And Justice

In recent years, Central and Eastern Europe have furnished several examples of illiberalism in power. The most prominent and consequential cases are Fidesz, which has ruled in Hungary since 2010, and Law and Justice (PiS), which has ruled in Poland since 2015. In both cases, illiberal governments have embarked upon an extensive project of political reform aimed at dismantling the liberal-democratic order. We examine the nature, scope, and consequences of these processes of autocratisation. We first argue that illiberal changes are ideologically founded and identify how both populism and nativism figure in the policymaking of illiberals in power. We then show how these practices emerge from a common “illiberal playbook”—a paradigm of policy change comprising forms of forging, bending, and breaking—and elaborate on the notion that illiberal governments are using legalism to kill liberalism. The fine-grained approach that we employ allows us to distinguish between different rationales and gradations of illiberal policymaking, and assess their implications for the rule of law, executive power, and civil rights and freedoms

Constitutionalism and the Rule of Law

2009 ◽  
Author(s):  
Shannon C. Stimson
Keyword(s):  
European Union ◽  
Eastern Europe ◽  
Rule Of Law ◽  
Political Discourse ◽  
The Rule Of Law ◽  
The Public ◽  
Public Imagination

This article examines the relation between the rule of law and constitutionalism. It attempts to provide a better understanding of the ambiguous construct of the rule of law which still remains in the public imagination as a formative part of political discourse. It analyses the role of the rule of law within the constitutional structure of a progressively more formalized European Union or within the more recently constituted post-communist states of Eastern Europe and considers the manner in which some contemporary jurisprudential and political thinkers have considered the rule of law.

The Middlemen: The Legal Profession, the Rule of Law, and Authoritarian Regimes

2015 ◽  
Vol 40 (03) ◽  
pp. 700-722 ◽  
Author(s):  
Maciej Kisilowski
Keyword(s):  
Eastern Europe ◽  
Rule Of Law ◽  
Legal Profession ◽  
Historical Record ◽  
Authoritarian Regime ◽  
Authoritarian Regimes ◽  
The Rule Of Law ◽  
Legal Professionals ◽  
Theory Of Fields

Scholars are increasingly interested in exploring ways to strengthen the rule of law in authoritarian states—especially when deeper political reforms are not attainable. The article contributes to this discussion by revisiting the story of the emergence of the so‐called socialist legality in the communist states of Eastern Europe. Using the historical record from Poland, the author demonstrates a previously unnoticed, yet pivotal, role of legal professionals in facilitating socialist legality's rise to prominence. Using the lenses of Pierre Bourdieu's theory of fields, the article chronicles the evolving dynamic between the legal profession, the authoritarian regime, and society. These observations challenge conventional explanations of the emergence of the rule of law in nondemocratic conditions.

Reaktualisasi Proses Penyidikan oleh Kepolisian Berbasis Nilai-Nilai Pancasila dan Optimalisasi Pemanfaatan Teknologi

Jurnal Hukum ◽  
2016 ◽  
Vol 31 (2) ◽  
pp. 1737
Author(s):  
Ira Alia Maerani
Keyword(s):  
Criminal Justice ◽  
Rule Of Law ◽  
Justice System ◽  
Public Prosecutor ◽  
Public Confidence ◽  
The Rule Of Law ◽  
Positive Law ◽  
Use Of Technology ◽  
The Times

Abstract                Indonesian Criminal Justice System consists of the police, public prosecutor and the courts. The role of the police investigators is certainly vital as the frontline in building public confidence in the rule of law in Indonesia. The role of the investigator is quite important in realizing society’s  justice. The era of globalization requires a pattern fast-paced, instant, measurable, and transparent of life and it requires investigators to follow the times by optimizing the use of technology. The aim of this study is to give effect to the rule of law in Indonesia that provides fairness, expediency and certainty. However, it considers to have priority of Pancasila values in the process of inquiry and investigation. The values of supreme divinity, God (religious), humanity, unity, democracy and justice are values that establish a balance (harmony) in enforcing the law. Law and its implementation can create product which meets the demands for social justice. This paper will examine the role of the investigator according to positive law currently in force as well as the role of investigator in implementing the values of Pancasila, accompanied by optimizing the use of technology. Keywords: Re-actualizing, Investigation, Police, values of Pancasila, Technology   AbstrakSistem Peradilan Pidana Indonesia meliputi institusi kepolisian, kejaksaan, dan pengadilan. Peran penyidik dalam institusi kepolisian tentunya amat vital sebagai garda terdepan dalam membangun kepercayaan masyarakat terhadap penegakan hukum di Indonesia. Peran penyidik amat besar dalam terwujudnya keadilan di masyarakat. Era globalisasi yang menuntut pola kehidupan yang serba cepat, instan, terukur, dan transparan menuntut penyidik untuk mengikuti perkembangan zaman dengan mengoptimalkan pemanfaatan teknologi. Tujuannya adalah untuk memberikan arti bagi penegakan hukum di Indonesia yakni memberikan keadilan, kemanfaatan, dan kepastian. Namun yang harus diperhatikan adalah mengutamakan nilai-nilai Pancasila dalam melakukan proses penyelidikan dan penyidikan. Nilai-nilai ketuhanan yang maha esa (religius), kemanusiaan, persatuan, kerakyatan dan keadilan merupakan nilai-nilai yang membangun keseimbangan (harmoni) dalam menegakkan hukum. Sehingga produk hukum dan pelaksanaannya memenuhi rasa keadilan masyarakat. Tulisan ini akan mengkaji tentang peran penyidik menurut hukum positif yang saat ini berlaku serta peran penyidik dalam mengimplementasikan  nilai-nilai Pancasila dengan diiringi optimalisasi pemanfaatan teknologi.Kata Kunci: Reaktualisasi,Penyidikan,Kepolisian,Nilai-nilai Pancasila,Teknologi

International Arbitration as a Tool of Global Governance

2019 ◽  
Author(s):  
Sophie Nappert
Keyword(s):  
Global Governance ◽  
Rule Of Law ◽  
International Arbitration ◽  
The Rule Of Law ◽  
Arbitration Process ◽  
Fact Finding ◽  
Exercise Of Discretion ◽  
The Impact

It has been posited that the international arbitration process carries with it not only fact-finding and lawmaking functions but also a governance function insofar as “arbitrators … can and do engage in autonomous normative action while still adhering to the rule of law.” This contribution explores the role and ambit of the exercise of discretion by international arbitration tribunals and its interplay with the tribunals’ governance function, as arbitrators must consider “the impact of their rulings on states, persons or entities not directly represented in the case before them.” It questions whether the use of discretion is suited to the governance role of arbitral tribunals and serves, rather than compromises, the effective exercise of that role. It asks what measures ought to be considered to make arbitrators better prepared for the exercise of their governance function.

Civil society and the nature of urbanism: Britain, 1750–1850

Urban History ◽  
1998 ◽  
Vol 25 (3) ◽  
pp. 289-301 ◽  
Author(s):  
R.J. Morris
Keyword(s):  
Civil Society ◽  
Rule Of Law ◽  
Free Market ◽  
Central Place ◽  
Historical Evidence ◽  
The Rule Of Law ◽  
Political Relationships ◽  
The Social ◽  
Making Choices ◽  
Urban Places

ABSTRACTThe concept of civil society provides a useful means of evaluating the social and political relationships of British towns. Civil society refers to the non-prescriptive relationships that lie between the state and kin. Such relationships are associated with the existence of the free market, the rule of law and a strong voluntary associational culture. Both theoretical analysis and historical evidence link civil society with the nature of urban places, their complexity, their function as a central place and their operation as a focus for flows of information. Between 1780 and 1820 the agencies of civil society in Britain provided an arena for making choices, for reasoned informed debate and for the collective provision and consumption of services in an open and pluralist manner.

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