scholarly journals Normatywność w Hobbesa koncepcji prawa

Etyka ◽  
2004 ◽  
Vol 37 ◽  
pp. 249-267
Author(s):  
Sebastian Szymański
Keyword(s):  
Social Contract ◽  
The State ◽  
The Real ◽  
Law Of Nature ◽  
Binding Force ◽  
The Social ◽  
Ultimate Source ◽  
The Law

The paper concerns conception of law presented in Hobbes’ Leviathan. The author argues that for Hobbes the ultimate source of the binding force (normativity) of law is the sovereign’s will, and reasons for that are „technical”. The sovereign creates laws, because he is a representative of the estate (“moral” or “artificial” person) which is the real author of the law. However, the existence of the state is dependent on its members’ will expressed in the social contract which Hobbes describes in terms of laws. The contract, however, needs background norms to bind its parties. Thus the social contract also cannot be the basis of normativity of the law, although it could be the cause of its being in force. Instead. the source of the binding force of the law is, on Hobbes’ view, the law of nature. This law is unchangeable, eternal, autonomous, and rationally knowable.

Hobbes among the Classic Jurists

2018 ◽  
Author(s):  
David Boucher
Keyword(s):  
International Relations ◽  
International Law ◽  
The State ◽  
Law Of Nature ◽  
Law Of Nations ◽  
Complete Identification ◽  
The Law ◽  
The Individual ◽  
Hedley Bull ◽  
Hans Morgenthau

The classic foundational status that Hobbes has been afforded by contemporary international relations theorists is largely the work of Hans Morgenthau, Martin Wight, and Hedley Bull. They were not unaware that they were to some extent creating a convenient fiction, an emblematic realist, a shorthand for all of the features encapsulated in the term. The detachment of international law from the law of nature by nineteenth-century positivists opened Hobbes up, even among international jurists, to be portrayed as almost exclusively a mechanistic theorist of absolute state sovereignty. If we are to endow him with a foundational place at all it is not because he was an uncompromising realist equating might with right, on the analogy of the state of nature, but instead to his complete identification of natural law with the law of nations. It was simply a matter of subject that distinguished them, the individual and the state.

The social uses of the law at a Soweto garbage dump: Reclaiming the law and the state in the informal economy

2016 ◽  
Vol 65 (2) ◽  
pp. 222-234 ◽  
Author(s):  
Melanie Samson
Keyword(s):  
Informal Economy ◽  
Research Agenda ◽  
Legal Theory ◽  
Social World ◽  
The State ◽  
Informal Workers ◽  
The Social ◽  
Critical Legal Theory ◽  
The Law ◽  
Social Uses

The informal economy is typically understood as being outside the law. However, this article develops the concept ‘social uses of the law’ to interrogate how informal workers understand, engage and deploy the law, facilitating the development of more nuanced theorizations of both the informal economy and the law. The article explores how a legal victory over the Johannesburg Council by reclaimers of reusable and recyclable materials at the Marie Louise landfill in Soweto, South Africa shaped their subjectivities and became bound up in struggles between reclaimers at the dump. Engaging with critical legal theory, the author argues that in a social world where most people do not read, understand, or cite court rulings, the ‘social uses of the law’ can be of greater import than the actual judgement. This does not, however, render the state absent, as the assertion that the court sanctioned particular claims and rights is central to the reclaimers’ social uses of the law. Through the social uses of the law, these reclaimers force us to consider how and why the law, one of the cornerstones of state formation, cannot be separated from the informal ways it is understood and deployed. The article concludes by sketching a research agenda that can assist in developing a more relational understanding of the law and the informal economy.

scholarly journals Social commissioning in the sphere of social services provision

2021 ◽  
Vol 66 ◽  
pp. 113-117
Author(s):  
M.O. Buk
Keyword(s):  
Social Services ◽  
Social Order ◽  
Social Care ◽  
Social Issues ◽  
Public Procurement ◽  
The State ◽  
The Social ◽  
The Law ◽  
Definition Of ◽  
State Regional

This article is dedicated to the analysis of the essential hallmarks of social services procurement. The attention is focused on the absence of the unity of the scientists’ thoughts as for the definition of the term “social procurement”. It has been determined that in the foreign scientific literature the scientists to denote the term “social procurement” use the notions “social contracting”, “social order” and “social commissioning”, and they use these notions with slightly different meanings. Therefore, the notion “social procurement” is defined as: 1) activity of a country; 2) form of the state support; 3) complex of measures; 4) legal mechanism. The article has grounded the expediency of the definition of social procurement in the legal relations of social care as a special legal way to influence the behavior of the parties of the social care legal relations. The publication advocates the idea that social procurement is one of the conditions for the rise of the state and private sectors partnership. The state-private partnership in the legal relations regarding the provision of social services is proposed to be defined as cooperation between Ukraine, AR of Crimea, territorial communities represented by the competent state bodies, self-government bodies (authorized bodies in the sphere of social services provision) and legal entities, but for the state and municipal enterprises and establishments, and organizations (providers of social services) regarding the provision of social services, which is carried out on the basis of an agreement and under the procedure set by the Law of Ukraine “On Social Services” and other legal acts that regulate the social care legal relations. The article substantiates the thesis that the subject of the social procurement is social services and resolution of social issues of the state/regional/local levels in the aspect of the satisfaction of the needs of people/families for social services (state/regional/local programs of social services). It has been determined that the main forms of realization of the social procurement in the social care legal relations are public procurements of social services and financing of the state/regional/local programs of social services. The public procurement of social services is carried out under the procedure set by the Law of Ukraine “On  Public Procurement” taking into account the special features determined by the Law of Ukraine “On Social Services”. The social procurement in the form of financing of the state/regional/local programs of social services is decided upon the results of the tender announced by a client according to the plan for realization of the corresponding target program.

scholarly journals Evaluation of personnel of the State border service of Ukraine

2020 ◽  
Vol 8 (6) ◽  
pp. 49-59
Author(s):  
Nataliia Lipovska ◽  
Mykola Malanchii
Keyword(s):  
Social System ◽  
Visual Display ◽  
The State ◽  
Professional Standard ◽  
The Real ◽  
The Social ◽  
State Of Affairs ◽  
Method Of Evaluation ◽  
The Impact ◽  
Holistic Description

The article reveals the technology of assessing the professional suitability of officials to perform their functions on the basis of the method of modeling and comparing assessments with the necessary parameters for the position, ie with the model. The term "model" is used as a holistic description of the coordination of the requirements of the social system (SS) with the possibilities of their implementation. The model in this case is a professional standard, which is developed for each position. The professional standard is the agreed standard by which employees should work. This method - the method of evaluation using a professional standard, is the result of the implementation of the principle of consistency in the construction of the model. According to the authors, the method is not only novelty approach, but also versatility. It is possible to estimate by means of a professional standard not only the expert, but also group, potential of collective, it is possible to make comparisons, to define weaknesses and strongnesses of the organizations. The technique developed by authors is offered that allows to carry out various necessary variations with the estimated signs, including visual display of results in various forms.Job modeling refers to ideal or imaginary modeling (as opposed to material, substantive, when modeling physical and mathematical objects) and is based largely on the idealization of the object. In our opinion, at no stage can the model be embodied in an absolutely accurate copy due to the unforeseen influence of many external factors.Modeling of evaluation characteristics in personnel activity is a necessary element in the real assessment of the state of affairs in the State Border Guard Service of Ukraine. That is why their importance is growing in the context of its reform, taking into account the impact on it of both negative and positive factors.

Coleridge’s Exile from the Social Contract, 1795–1829

2016 ◽  
Author(s):  
Zoe Beenstock
Keyword(s):  
Social Contract ◽  
The State ◽  
The Self ◽  
Breaking Point ◽  
General Will ◽  
Social Crisis ◽  
State Of Nature ◽  
The Social ◽  
The Individual ◽  
Better Than

Coleridge wrote frequently about Rousseau throughout his varied career. His early lectures and letters draw on Rousseau’s critique of luxury and frequently allude to the general will, depicting Rousseau as a Christ-like figure. Coleridge’s subsequent disappointment with Pantisocracy led him to reject Rousseau and the social contract. Comparing Rousseau to Luther in The Friend, Coleridge argues that Rousseau’s unhappiness arises from a conflict between an age of individualism and an ongoing need for community. According to Coleridge, poetry tolerates this conflict better than philosophy. In ‘Reflections on Having Left a Place of Retirement’ Coleridge suggests that social retreat offers illusory solace from war and social crisis. He critiques the state of nature, sympathy, and even religion for failing to balance the self with its environment. Thematically and formally The Rime of the Ancient Mariner explores this crisis in cohering systems. Through the mariner’s relationship to the albatross, the wedding that frames the poem, and episodes of the supernatural that disrupt the ballad form, Coleridge defines a breaking point between the individual and general wills.

The Rule of Law

2018 ◽  
Author(s):  
N. W. Barber
Keyword(s):  
Social Context ◽  
Rule Of Law ◽  
The State ◽  
Successful Operation ◽  
The Rule Of Law ◽  
The Social ◽  
The Law

The rule of law requires that law make the differences it purports to make; linking the formal demands of law and the reality of the rules that structure power within a community. The chapter begins by outlining the rule of law. There are two aspects to the principle: first, the rule of law requires that laws be expressed in a way that enable people to obey the law; secondly, the rule of law requires that the social context is such that people are led to obey these rules. The second part of the chapter examines the connection between the rule of law and the state. First, it will be contended that states need to comply—to a degree—with the rule of law in order to exist. Secondly, in societies such as ours, non-state legal orders require the existence of the state, and state legal orders, for their successful operation.

2. Marriage and Civil Partnership

2021 ◽  
pp. 8-96
Author(s):  
Polly Morgan
Keyword(s):  
Legal Status ◽  
Public Perceptions ◽  
The State ◽  
Civil Partnership ◽  
The Social ◽  
The Law ◽  
Over Time

This chapter starts by considering how people get married, tracing the institution of marriage through history. It looks at the evolving popularity of marriage to the present day. The chapter then addresses the social and legal significance of marriage. It asks: Why does the state encourage people to marry? The chapter also looks at other ways in which relationships can be formalised under the law. Finally, the chapter turns to civil partnerships and looks at the changes in legal status to such partnerships over time. It also considers public perceptions of civil partnerships. Finally the chapter asks: Is there a future for marriage?

scholarly journals RELIGIOUS EXEMPTIONS IN DISCRIMINATION LAW

2007 ◽  
Vol 66 (2) ◽  
pp. 302-312 ◽  
Author(s):  
Russell Sandberg ◽  
Norman Doe
Keyword(s):  
Sexual Orientation ◽  
Mass Media ◽  
Moral Panic ◽  
Roman Catholic ◽  
The State ◽  
The Real ◽  
Goods And Services ◽  
English Law ◽  
The Law ◽  
Religious Exemption

The debate in January 2007, as presented by the mass media, concerning whether an exemption should be provided for Roman Catholic Adoption Agencies from new laws prohibiting discrimination on grounds of sexual orientation in the provision of goods and services, rested upon two erroneous assumptions. The first was an assumption that awarding exemptions on grounds of religion was novel; the second was that the debate concerned whether there ought to be a religious exemption at all. This article seeks to engage with the real debate concerning the Equality Act (Sexual Orientation) Regulations 2007, which is not whether there ought to be a religious exemption (since one has been given) but rather the scope of the exemption. It also aims to show that religious exemptions are common in English law, including discrimination law, and to elucidate the various exemptions, paying particular attention to their beneficiaries and the basis on which discrimination is permitted. In short, this article seeks to understand the state of the law as a whole contextualising the recent moral panic.

Narrative Fictions on State-Terrorism and Trauma: Re-reading Helon Habila’s Waiting for an Angel and John Nkemngong Nkengasong’s Across the Mongolo

2019 ◽  
Vol 7 (2) ◽  
pp. 140-166
Author(s):  
Eric Nsuh Zuhmboshi
Keyword(s):  
Social Contract ◽  
The State ◽  
Fundamental Rights ◽  
Post Colonial ◽  
Mongo Beti ◽  
State Terrorism ◽  
The Social ◽  
Political Agitation ◽  
African Writers ◽  
The Relationship

Abstract The relationship that exists between the state and her citizens has been described by Jean Jacques Rousseau as “a social contract.” In this contractual agreement, citizens are bound to respect state authority while the state, in turn, has the bounden duty to protect her citizens and guide them in their aspirations. In fact, any state that does not perform this duty is guilty of violating the fundamental rights of her citizens. This, however, is not the case in most postcolonial societies where the citizens see the state as an aggressive apparatus against their wellbeing because the state is not fulfilling its own part of the social contract, which requires them to protect the citizens and guide them in their aspirations. This unfortunate situation has laid the foundation for protest and anti-establishment writings in post-colonial societies – especially in Africa. Since literature, as a semiotic resource, is coterminous with its socio-political context, this attitude of the state has drawn inimical criticism from key postcolonial African writers such as Chinua Achebe, Wole Soyinka, Ngugi wa Thiong’o, Mongo Beti, and Nadine Gordimer. Using Helon Habila’s Waiting for an Angel and John Nkemngong Nkengasong’s Across the Mongolo, this essay shows the relationship between state-terrorism and the traumatic conditions of the citizens in contemporary Africa. From the perspective of trauma theory, the essay defends the premise that the postcolonial subjects/characters, in the novels under study, are traumatized and depressed because of their continuous victimization by the state. Due to this state-imposed terror and hardship, the citizens are forced to indulge in political agitation, radicalism and violence in response to their destitute and impoverished conditions.

The Oxford Handbook of Modern British Political History, 1800-2000

2018 ◽  
Keyword(s):  
Social Contract ◽  
Political History ◽  
The State ◽  
Future Research ◽  
Methodological Innovation ◽  
The Social ◽  
The Way

The two centuries after 1800 witnessed a series of sweeping changes in the way in which Britain was governed, the duties of the state, and its role in the wider world. Powerful processes—from the development of democracy to the changing nature of the social contract, war, and economic dislocation—have challenged, and at times threatened to overwhelm, both governors and governed. Such shifts have also posed problems for the historians who have researched and written about Britain’s past politics. This volume shows the ways in which political historians have responded, and provides a snapshot of a field which has long been at the forefront of conceptual and methodological innovation within historical studies. It comprises thirty-three thematic essays written by leading and emerging scholars in the field. Collectively, these essays assess and rethink the nature of modern British political history itself, and suggest avenues and questions for future research. The Oxford Handbook of Modern British Political History thus provides a unique resource for those who wish to understand Britain’s political past and a thought-provoking ‘long view’ for those interested in current political challenges.

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