Equitable Poetics and the State of Conflict in Edmund Spenser's Two Cantos of Mutabilitie

2014 ◽  
Vol 32 (4) ◽  
pp. 362-385 ◽  
Author(s):  
Drew J. Scheler
Keyword(s):  
The State ◽  
Civil Conflicts ◽  
General Law ◽  
Rudolph Agricola ◽  
Rhetorical Argumentation ◽  
Rational Process

This essay argues that Edmund Spenser's legal poem, the Two Cantos of Mutabilitie, considers how civil conflicts implicitly generate a basis for their own evaluation and resolution. To illustrate this idea, Spenser draws from a tradition of rhetorical argumentation stretching from Aristotle and Cicero to Rudolph Agricola and Philip Sidney. This tradition emphasizes how fictions establish the shared questions that can create a deliberative context for equitable judgment when general law and particular case come into conflict. Dramatizing this rational process through an allegorical legal trial, Spenser illuminates how divergent judgments and actions become ethically legible to one another as parts of the same deliberative whole.

What Use Is Customary International Law?

2021 ◽  
Vol 9 (1) ◽  
pp. 119-131
Author(s):  
Anthony Carty
Keyword(s):  
International Law ◽  
Legal Theory ◽  
The State ◽  
Legal Doctrine ◽  
Customary International Law ◽  
Legal Personality ◽  
Historical School ◽  
General Law ◽  
The One ◽  
The 19Th Century

Abstract Customary international law as a source of general law is given a primary place in Article 38 of the ICJ Statute. However, it is historically a concept created by legal doctrine. The very idea of custom supposes legal persons are natural persons living in a dynamic, evolving community. This was the assumption of the historical school of law in the 19th century when the concept of custom was developed. Now the dominant notion of legal personality is the State as an impersonal corporation and international legal theory (Brierly and D’Amato) can see well that the death of the historical school of law has to mean the death of the concept of custom. What should replace it? Two steps need to be taken in sequence. Firstly, following the Swedish realist philosopher Haegerstrom, we have to ascertain the precise constellations of the conflictual attitudes the populations of States have to the patterns of normativity which they project onto international society. Secondly, we should follow the virtue ethics jurisprudence of Paul Ricoeur and others, who develop a theory of critical legal doctrinal judgement, along the classical lines of Aristotle and Confucius, to challenge and sort out the prejudices of peoples into some reasonable shape, whereby these can be encouraged to understand and respect one another. Then one will not have to endure so many silly interpretations of international law such as the one declaring that there are only rocks in the South China Sea and not islands. Such interpretations have nothing to do with the supposedly ordinary legal language analysis of a convention and the State practice surrounding it. They have to do entirely with a continued lack of respect by Western jurists for non-Western societies and nations.

Necessary but Insufficient: Civil Society in International Mediation

2019 ◽  
Vol 24 (1) ◽  
pp. 117-135 ◽  
Author(s):  
Georgia Jewett
Keyword(s):  
Civil Society ◽  
The State ◽  
Civil Society Organizations ◽  
Third Party ◽  
Mediation Process ◽  
Military Assistance ◽  
Complex Environment ◽  
Civil Conflicts ◽  
International Mediation

Abstract Civil conflicts are more intractable and complex than ever before. In these conflicts, civilians are increasingly targeted and weaponized. Yet, because civilians are disproportionately affected by the ensuing violence and instability, they also have a larger role to play in the peacemaking process. This stems from the fact that local civil society organizations (CSO) assume new responsibilities vis-a-vis their communities as the state disintegrates. They often became the coordinators and providers of basic security and services. Unsurprisingly, CSO leaders often emerge as the only credible and authoritative actors in this complex environment, trusted by both the disputing parties and the affected communities. This article argues that CSOs are necessary to any international mediation process; however, they must be leveraged in conjunction with conventional third party mediator resources (that is, financial, technical and military assistance) to maximize the potential of an enduring peace deal.

V. On the heat disengaged during metallic substitutions

1848 ◽  
Vol 138 ◽  
pp. 91-103
Keyword(s):  
Thermal Effects ◽  
The State ◽  
The Other ◽  
Dilute Solution ◽  
Present Communication ◽  
Philosophical Magazine ◽  
Negative Element ◽  
General Law ◽  
Metallic Element ◽  
Quantity Of Heat

In the present communication I propose to give an account of some new investiga­tions on the heat disengaged in chemical actions, which may be considered a continuation of my former inquiries on the same subject. The greater number of the experiments to be detailed in this paper were made some years ago, and the con­clusion at which I arrived was briefly announced in the Philosophical Magazine for August 1844. More recently, I have taken an opportunity to repeat many of my former experiments and to add new ones on the same subject, all of which confirm the general results formerly obtained. Having originally observed that although a very limited number of bases (potash, soda, barytes and strontia) develope nearly the same quantity of heat, when a chemical equivalent of each enters into combination with an acid, yet that the greater number of bases differ most widely from one another, when so treated, while on the other hand, that different acids (taken in the state of dilute solution) produce with the same base nearly the same amount of heat, I ventured to draw the general inference that the thermal effects produced are more intimately connected with the basic, or electro-positive, than with the acid, or electro-negative element. In conformity with this view, it appeared probable that in the decomposition of solutions of neutral salts by the addition of bases or metallic bodies, the nature of the acid or electro-negative element of the compound would exercise no special influence on the result. I have already endeavoured to establish by experiment the truth of this principle in the case of basic substitutions, and, in the present memoir, I propose to extend the same general law to the other case, in which one metallic element re­places, or is substituted for another.

Part III The Current International Law of State Immunity, 10 The Definition of the Foreign State

2015 ◽  
Author(s):  
Fox Hazel ◽  
Webb Philippa
Keyword(s):  
International Law ◽  
Internal Structure ◽  
The State ◽  
Legal Person ◽  
State Immunity ◽  
General Law ◽  
Foreign State ◽  
The Subject ◽  
Definition Of ◽  
Domestic Law

This chapter sets out definition of the State to which the rule of immunity applies, which is an important element in the operation of the rules and UNCSI's treatment of this subject. In conjunction with this, the chapter discusses two (of three) aspects of the State within the context of State immunity: the external attributes of the State as a legal person by reference to international law; and the internal attributes of the State, as determined by its constitutional and domestic law, which make up its internal structure comprising its organs, departments, agencies, and representatives. Both the external and internal attributes of statehood are also the subject of the general law relating to the State as a subject of international law.

scholarly journals Virtual Mediation in the Field of Intellectual Property

2020 ◽  
Vol 38 (Especial II) ◽  
pp. 500-517
Author(s):  
Tetiana Blashchuk ◽  
Olha Shmyndruk ◽  
Volodymyr Buha ◽  
Olena Pysmenna ◽  
Natalia Popova
Keyword(s):  
Intellectual Property ◽  
Information Technologies ◽  
Synthesis Method ◽  
State Level ◽  
Comparison Method ◽  
The State ◽  
Mediation Process ◽  
Civil Conflicts ◽  
Need For Support ◽  
Online Mediation

The work aims to analyze the theoretical aspects of the use of information technologies in the mediation process, as well as the aspects of its implementation. The purpose of the investigation is online mediation as a form of resolution of intellectual property disputes. In addition, the topic of study is the social relationships that arise when using information technologies and mediation to resolve civil conflicts in the field of intellectual property. The research methods used in this case are the dialectical method, the generalization method, the comparison method, the analysis method, the synthesis method, the method in administration and the deduction method, the modeling method, and the abstraction method. As a result of the study, conclusions are drawn on the state of online mediation in the real world, the benefits and potential problems of introducing virtual mediation for disputed parties, the need for support for special applications, along with the need for the introduction of online mediation at the state level to a state policy.

The Public Sector as a Good Employer: The Application of the Acquired Rights Directive to Public Authorities

2001 ◽  
Vol 4 ◽  
pp. 153-165
Author(s):  
Amandine Garde
Keyword(s):  
Public Service ◽  
Service Provision ◽  
The State ◽  
Public Authority ◽  
Public Authorities ◽  
Public Power ◽  
The Public ◽  
General Law ◽  
Definition Of ◽  
Economic Function

Advocate General Mayras described a public authority as ‘that which arises from the sovereignty and majesty of the State; for him who exercises it, it implies the powers of enjoying the prerogatives outside the general law, privileges of official power and powers of coercion over citizens’.This quotation has an eighteenth century flavour and is difficult to adapt to the complex legal and economic system of the European Community the extraordinary remit of which has extended to many activities traditionally reserved to the State and to public authorities. The scope of this remit blurs the distinction between what could be termed the exercise of a public power and what could be termed the exercise of an economic function. The ‘Europeanization of public service provision’ has thus rendered the definition of a ‘public authority’ elusive. One of the areas where such a definition has been particularly problematic is the protection of employees’ rights in the event of the transfer of an undertaking.

Special Municipal Legislation in Iowa

1920 ◽  
Vol 14 (3) ◽  
pp. 423-445
Author(s):  
Frank Edward Horack
Keyword(s):  
Total Population ◽  
The State ◽  
General Nature ◽  
General Assembly ◽  
Bill Of Rights ◽  
General Law ◽  
Two Cities

The Iowa constitution of 1857 was one of the first to prohibit the passage of special laws for cities and towns. Section 30 of Article III of the constitution enumerates six subjects upon which the legislature is forbidden to pass any special act; the fourth of which proscribes the passage of any act “For the incorporation of cities and towns.” The same section also declares that “In all the cases above enumerated, and in all other cases where a general law can be made applicable, all laws shall be general, and of uniform operation throughout the state.” In addition to these provisions Section 6 of Article I of the Bill of Rights requires that “All laws of a general nature shall have a uniform operation; the general assembly shall not grant to any citizen or class of citizens, privileges or immunities, which upon the same terms shall not equally belong to all citizens.”Just what prompted the convention which drafted the constitution of 1857 to declare against special legislation for cities and towns is not clear. The proceedings of the convention do not disclose any debate upon the provision when adopted. The experience of other states may have impressed the constitution makers of Iowa with the evils arising from the unlimited exercise of powers over municipalities by legislative bodies, but that these evils had manifested themselves seriously in Iowa as early as 1857 is almost beyond belief. In 1856 the total population of Iowa was only 517,875 and this was largely rural. The federal census of 1860 shows but two cities in the state with a population above 10,000 and these were both under 15,000.

scholarly journals IV.—On the Action of Voltaic Electricity on Pyroxylic Spirit, and Solutions in Water, Alcohol, and Ether

1839 ◽  
Vol 14 (1) ◽  
pp. 110-136
Author(s):  
Arthur Connell
Keyword(s):  
Aqueous Solutions ◽  
Royal Society ◽  
The State ◽  
Third Place ◽  
The Third ◽  
General Law ◽  
Electric Action ◽  
Interesting Analogy ◽  
Water Alcohol

The following paper contains a continuation of the experiments on the action of the voltaic pile on alcohol, and some other liquids, of which experiments a considerable number was described to the Royal Society in a former memoir. At present it is intended, in the first place, to shew the perfect analogy between the electric action on pyroxylic spirit, and on alcohol, thereby confirming the interesting analogy already known to exist between these fluids in other respects: in the second place, to adduce a few farther illustrations of secondary voltaic actions in aqueous solutions; in the third place, to examine the nature of the changes produced in alcoholic solutions, under galvanic agency; in the fourth place, to inquire whether electric action does not throw light on the state in which the haloid salts are dissolved by water; and, lastly, to endeavour to suggest as a general law, regulating the electric decomposition of solutions of binary combinations of elementary substances in the principal solvents, that the dissolved body is not directly decomposed, but only the solvent, if itself an electrolyte.

scholarly journals II. The Theory of Rain

1788 ◽  
Vol 1 (2) ◽  
pp. 41-86 ◽  
Author(s):  
James Hutton
Keyword(s):  
General Rule ◽  
The State ◽  
Natural Course ◽  
Evaporation And Condensation ◽  
General Law ◽  
The Subject ◽  
Natural Philosophers

There is an atmospherical appearance which is not explained by the known laws of heat and cold. It is the breath of animals becoming visible, in being expired into an atmosphere which is cold or moist; and the transformation of transparent steam into the state of mist, when mixed with air which is of a colder temperature. Natural philosophers have certainly considered these appearances as being explained in the general law by which heat and cold are communicated among contiguous bodies, otherwise they would have endeavoured to point out this particular law, which seems to depart from a more general rule, or does not follow the natural course of things observed on other occasions. The subject of this paper is to investigate a certain rule which, in the case now mentioned, may be discovered as directing the action and effects of heat and cold; and to form a theory of rain upon that investigated rule, concerning the evaporation and condensation of water.

scholarly journals The Concept of Land Ownership in Islam and Poverty Alleviation in Pakistan

2000 ◽  
Vol 39 (4II) ◽  
pp. 649-662
Author(s):  
Nuzhat Iqbal
Keyword(s):  
Social Welfare ◽  
Poverty Alleviation ◽  
Legal Theory ◽  
Land Ownership ◽  
The State ◽  
Individual Level ◽  
General Law ◽  
Welfare Institutions ◽  
Economic Philosophy ◽  
Ownership Of Land

Land ownership—in its ethico-legal and historical manifestations, reflects the importance of being a politico-economic institution. In the process of its development, it includes various heterogeneous elements of different systems of ownership. With the growth of the Ummah, the principles of laws of ownership represent and embody the relations, rights and duties to form the general law of obligations at the state as well as individual level. This is the case of economic and legal theory, regarding the ownership of land with implicative infrastructure to build social welfare institutions of Islam. It is generally and basically have been ordained that according to the teachings of Islam, Real ownership belongs to Allah Almighty. Man being the vicegerent holds property in trust for which he is accountable to him in accordance with the clearly laid down economic philosophy of Islam. Ownership of man is a concept alien to Islam as it belongs to Allah Almighty only.

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