Boundaries, obligations and belonging: The reconfiguration of citizenship in emergency criminal regimes

2021 ◽  
pp. 136248062110259
Author(s):  
Irit Ballas
Keyword(s):  
Criminal Law ◽  
Food Products ◽  
Military Regime ◽  
Political Community ◽  
The Political ◽  
Economic Crises ◽  
Marginalized Groups ◽  
Procedural Rights ◽  
Multiple Configurations

In national emergencies, states may establish special criminal regimes that criminalize behaviours legal under ordinary law, use more oppressive measures of enforcement and reduce procedural rights. Scholars associate such regimes with the exclusion of offenders from the political community. However, in some emergency criminal regimes, often dealing with economic crises and recently with pandemics, the reduction of rights can also imply inclusion. By examining two emergency regimes in Israel in 1948, a military regime imposing movement restrictions on the Palestinian minority, and an austerity regime imposing restrictions on trade in food products on all citizens, the article argues that different emergency criminal regimes can affect two different tenets of ordinary criminal law: the reinforcing of the boundaries of the community, and the set of obligations between members of that community. Hence, such regimes can foster multiple configurations of citizenship. When simultaneously enforced on marginalized groups, they render their citizenship equivocal.

Religion and the Construction of a Christian Roman Polity

2020 ◽  
Vol 4 (1) ◽  
pp. 76-113
Author(s):  
Francesco Rotiroti
Keyword(s):  
Theoretical Framework ◽  
Political Community ◽  
The Political ◽  
Political Dimension ◽  
Roman World ◽  
Recent Scholarship ◽  
Theories Of Religion ◽  
Ancient Christianity

This article seeks to define a theoretical framework for the study of the relation between religion and the political community in the Roman world and to analyze a particular case in point. The first part reviews two prominent theories of religion developed in the last fifty years through the combined efforts of anthropologists and classicists, arguing for their complementary contribution to the understanding of religion's political dimension. It also provides an overview of the approaches of recent scholarship to the relation between religion and the Roman polity, contextualizing the efforts of this article toward a theoretical reframing of the political and institutional elements of ancient Christianity. The second part focuses on the religious legislation of the Theodosian Code, with particular emphasis on the laws against the heretics and their performance in the construction of the political community. With their characteristic language of exclusion, these laws signal the persisting overlap between the borders of the political community and the borders of religion, in a manner that one would expect from pre-Christian civic religions. Nevertheless, the political essence of religion did also adapt to the ecumenical dimension of the empire. Indeed, the religious norms of the Code appear to structure a community whose borders tend to be identical to the borders of the whole inhabited world, within which there is no longer room for alternative affiliations; the only possible identity outside this community is that of the insane, not belonging to any political entity and thus unable to possess any right.

ВОЕННОПЛЕННЫЕСТРАНЧЕТВЕРНОГОСОЮЗАНАТЕРРИТОРИИСТАВРОПОЛЬСКОЙГУБЕРНИИВУСЛОВИЯХПОЛИТИЧЕСКОГОКАТАКЛИЗМА(ФЕВРАЛЬНОЯБРЬ1917Г.)

2019 ◽  
pp. 122-139
Author(s):  
I.V. Kryuchkov
Keyword(s):  
Legal Status ◽  
Prisoners Of War ◽  
The Political ◽  
Economic Crises ◽  
Regions Of Russia

В представленном материале исследуется положение военнопленных стран Четверного союза на территории Ставропольской губернии. В статье отмечается незначительное ухудшение условий содержания пленных в г. Ставрополе и ряде сел губернии в начале 1917 г., что не отразилось на общей привлекательности губернии для пленных в сравнении с другими регионами России. Февральская революция 1917 г. способствовала либерализации правового статуса пленных. Однако нарастание в стране политического и экономического кризиса привело к ухудшению положения пленных, в том числе в Ставропольской губернии. С осени 1917 г. они всеми доступными средствами стремились покинуть губернию и выехать за пределы России.The position of prisoners of war of the Quadruple Alliance countries on the territory of Stavropol Province is considered in the article. A modest deterioration of the detention conditions of prisoners in Stavropol and certain villages of the province at the beginning of 1917 is marked in the material. The deterioration didnt affect the general attractiveness of the province to prisoners in comparison with other regions of Russia. The February Revolution of 1917 promoted the liberalization of the legal status of prisoners. However, the growth of the political and economic crises in the country led to the deterioration of prisoners position, including Stavropol Province. They had sought to leave the province and Russia by all available means since the autumn of 1917.

Introduction

2017 ◽  
Author(s):  
András Sajó ◽  
Renáta Uitz
Keyword(s):  
Social Dynamics ◽  
Legal Order ◽  
Political Community ◽  
The Political ◽  
Abuse Of Power ◽  
Practical Applications

This book examines the implications of constitutionalism for the constitutional legal order and the political community which is meant to live by it. The book demonstrates what is at stake in the debate on constitutionalism through numerous examples of political anomalies and abuse of power. It presents stories of constitutional success and failure to give a sense of the current threats, arguing that constitutions are not mere practical applications of political philosophies or opportunistic political deals. The book considers foundational issues related to constitutions and constitutionalism as reflected in influential ideas, political practices, and social dynamics behind the scenes.

Searching for Political Parties in the Past

2017 ◽  
Author(s):  
Piero Ignazi
Keyword(s):  
Eighteenth Century ◽  
Political Parties ◽  
Political Party ◽  
Ancient Greece ◽  
Political Community ◽  
Democratic Politics ◽  
The Political ◽  
The Past ◽  
The Common

Chapter 1 introduces the long and difficult process of the theoretical legitimation of the political party as such. The analysis of the meaning and acceptance of ‘parties’ as tools of expressing contrasting visions moves forward from ancient Greece and Rome where (democratic) politics had first become a matter of speculation and practice, and ends up with the first cautious acceptance of parties by eighteenth-century British thinkers. The chapter explores how parties or factions have been constantly considered tools of division of the ‘common wealth’ and the ‘good society’. The holist and monist vision of a harmonious and compounded society, stigmatized parties and factions as an ultimate danger for the political community. Only when a new way of thinking, that is liberalism, emerged, was room for the acceptance of parties set.

Neurointerventions, Morality, and Children

2018 ◽  
Author(s):  
Matthew Clayton ◽  
Andres Moles
Keyword(s):  
Young Children ◽  
Political Community ◽  
Moral Enhancement ◽  
Individual Autonomy ◽  
The Political ◽  
Moral Conduct ◽  
Moral Behaviour ◽  
Moral Constraint ◽  
The Ideal ◽  
Moral Limits

Is the political community morally permitted to use neurointerventions to improve the moral conduct of children? Putting aside difficult questions concerning the institutionalization of moral enhancement, the authors address this question, first, by arguing that is not, in itself, always morally impermissible for the community to impose neurointerventions on adults. Although certain ideals, such as the ideal of individual autonomy, limit the permissible employment of neurointerventions, they do not generate a moral constraint that always forbids their use. Thereafter, they argue that because young children lack certain moral capacities that adults possess, the moral limits that pertain to the use of neurointerventions to improve their moral behaviour are, in principle, less restrictive than they are for adults.

Turnout in Multi-Level Systems

2017 ◽  
Author(s):  
Sona N. Golder ◽  
Ignacio Lago ◽  
André Blais ◽  
Elisabeth Gidengil ◽  
Thomas Gschwend
Keyword(s):  
National Level ◽  
The Body ◽  
Political Community ◽  
The Political ◽  
European Level ◽  
National Elections ◽  
Political Issues ◽  
European Elections ◽  
Multi Level ◽  
Different Levels

Voters face different incentives to turn out to vote in one electoral arena versus another. Although turnout is lowest in European elections, it is found that the turnout is only slightly lower in regional than in national elections. Standard accounts suggest that the importance of an election, in terms of the policy-making power of the body to be elected, drives variation in turnout across elections at different levels. This chapter argues that this is only part of the story, and that voter attachment to a particular level also matters. Not all voters feel connected to each electoral arena in the same way. Although for some, their identity and the issues they most care about are linked to politics at the national level, for others, the regional or European level may offer the political community and political issues that most resonate with them.

Sentientist Democracy

2018 ◽  
Author(s):  
Alasdair Cochrane
Keyword(s):  
Public Good ◽  
Political Community ◽  
The Political ◽  
The Public

Chapter 3 asks what kinds of institutions are needed to protect the worth and rights of sentient creatures. The chapter’s ultimate claim is that they are best protected by democratic institutions: that is, institutions which are participative, deliberative, and representative, and underpinned by a set of entrenched rights. Crucially, the chapter further argues that those institutions should be comprised of dedicated animal representatives. The job of those representatives should be to act as trustees of the interests of ‘animal members’ of the political community. In other words, their job should be to translate the interests of animals with whom we share a ‘community of fate’ into their deliberations with other representatives over what is in the public good.

V. II principio dell’irretroattività della legge nell’esperienza giuridica romana dell’età repubblicana

2021 ◽  
Vol 138 (1) ◽  
pp. 245-273
Author(s):  
Umberto Laffi
Keyword(s):  
Criminal Law ◽  
Civil Law ◽  
First Century ◽  
The Political ◽  
Political Struggle ◽  
Dynamic Relationship ◽  
Depth Analysis ◽  
The Law ◽  
Criminal Legislation ◽  
Epigraphic Evidence

Abstract The Principle of the Irretroactivity of the Law in the Roman Legal Experience in the Republican Age. Through an in-depth analysis of literary and legal sources (primarily Cicero) and of epigraphic evidence, the author demonstrates that the principle of the law’s non-retroactivity was known to, and applied by, the Romans since the Republican age. The political struggle favored on several occasions the violation of this principle by imposing an extraordinary criminal legislation, aimed at sanctioning past behaviors of adversaries. But, although with undeniable limits of effectiveness in the dynamic relationship with the retroactivity, the author acknowledges that at the end of the first century BC non-retroactivity appeared as the dominant principle, consolidated both in the field of the civil law as well as substantive criminal law.

War without Citizens

2018 ◽  
Vol 5 (1) ◽  
pp. 18-38
Author(s):  
Stephen J. Rosow
Keyword(s):  
United States ◽  
Consumer Culture ◽  
The United States ◽  
The State ◽  
Political Community ◽  
Democratic Citizenship ◽  
The Political ◽  
The Public ◽  
Liberal Democratic ◽  
Advanced Technologies

Contestation over war memorialization can help democratic theory respond to the current attenuation of citizenship in war in liberal democratic states, especially the United States. As war involves more advanced technologies and fewer soldiers, the relation of citizenship to war changes. In this context war memorialization plays a particular role in refiguring the relation. Current practices of remembering and memorializing war in contemporary neoliberal states respond to a dilemma: the state needs to justify and garner support for continual wars while distancing citizenship from participation. The result is a consumer culture of memorialization that seeks to effect a unity of the political community while it fights wars with few citizens and devalues the public. Neoliberal wars fought with few soldiers and an economic logic reveals the vulnerability to otherness that leads to more active and critical democratic citizenship.

"The Presence of the Other is a Presence that Teaches": Levinas, Pragmatism, and Pedagogy

2006 ◽  
Vol 14 (1-2) ◽  
pp. 91-108 ◽  
Author(s):  
Claire Elise Katz
Keyword(s):  
Educational Philosophy ◽  
Jewish Education ◽  
Positive Response ◽  
Political Community ◽  
The Other ◽  
Ethical Framework ◽  
The Political ◽  
Moral Cultivation ◽  
Ethical Response ◽  
Ethical Project

AbstractAlthough Levinas talks about ethics as a response to the other, most scholars assume that this "response" is not something tangible—it is not an actual giving of food or providing of shelter and clothing. But there is evidence in Levinas's own writings that indicate he does intend for a positive response to the Other. In any event, while he acknowledges that the other is the sole person I wish to kill, killing the other, within an ethical framework would be a violation of that response. The failure to respond to the other ethically requires us to ask if Levinas's project needs an educational philosophy or a model of moral cultivation to supplement it. This essay explores this question by putting into conversation Levinas's ethical project and his interest in Jewish education with John Dewey's philosophy of education and its relationship to the political community. This exploration will help us see what this field of research might offer in promoting the cultivation of ethical response as Levinas envisions it and what its limits are.

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