scholarly journals THE IMPLEMENTATION OF THE MEDINA CONSTITUTION IN MODERN STATE ADMINISTRATION: A THEORETICAL VIEWPOINT

Asy-Syari ah ◽  
2021 ◽  
Vol 23 (1) ◽  
Author(s):  
Yusuf Faisal Ali
Keyword(s):  
The State ◽  
The Political ◽  
Modern State ◽  
Constitutional Theory ◽  
Formation Model ◽  
Main Aspect ◽  
State Administration ◽  
Stateless Society ◽  
Political Principles ◽  
Descriptive Method

Abstract: The presence of the Constitution of Medina that was declared by the Prophet Muhammad after His migration did not only manage and organize the internal life of Muslims and unify them with the Jews as well as their allies but also presented a change on social status from stateless society to state society. It addresses an idea that the substance in the Constitution of Media should be overviewed and seen from various aspects of state’s and nation’s life. The purpose of this research is more intended to analyze the political principles in the Constitution of Medina. This study is qualitative with analytical descriptive method from data obtained in the literature. The data is then collected and analyzed inductively and deductively, which is elaborated with constitutional theory. This study resulted that substantially the Constitution of Medina contained the principle of politics that globally included elements of the state formation, model of state, governmental system, and type of power that remained in-progress at Medina based on the existing literatures in governmental science, political science, and developing countries in the whole world. The main aspect revealed in this study concerns the substance and implementation of the Medina constitution in the state administration that is relevant to modern countries that are developing at this time, both sociologically and politically.Abstrak: Kehadiran konstitusi Madînah yang ditetapkan oleh Nabi Muhammad setelah berhijrah, sesungguhnya tidak hanya sekedar menata intern kehidupan kaum muslimin dan mempersatukan di antara mereka dengan kaum Yahudi beserta sekutu-sekutunya, tetapi juga memberikan perubahan status sosial yang mulanya dari masyarakat bukan negara menjadi masyarakat yang bernegara. Ini memberikan gambaran bahwa materi konstitusi Madînah tidak dapat dilihat dari satu sisi atau dua sisi saja, tetapi mencakup berbagai aspek kehidupan dalam bermasyarakat dan bernegara. Adapun tujuan dari penelitian ini lebih dimaksudkan untuk menganalisis prinsip-prinsip kenegaraan dalam konstitusi tersebut. Kajian ini bersifat kualitatif dengan metode deskriptif analitis dari data yang diperoleh secara literatur. Data tersebut kemudian dihimpun dan dianalisis secara induktif dan deduktif, yang dielaborasi dengan teori ketatanegaraan. Hasil penelusuran menunjukkan bahwa secara subtansial konstitusi Madînah memuat prinsip-prinsip kenegaraan yang secara global meliputi unsur-unsur terbentuknya sebuah negara, bentuk negara, sistem pemerintahan, dan jenis kekuasaan yang berlaku di Madînah pada saat itu sebagaimana yang dikenal dalam kepustakaan Ilmu Negara dan Ilmu Politik, dan juga sebagaimana yang berkembang di negara-negara di dunia. Aspek utama yang terungkap dalam kajian ini menyangkut substansi dan implementasi konstitusi Madînah dalam ketatanegaraan yang relevan dengan negara-negara modern yang berkembang saat ini, baik secara sosiologis maupun politis.

The Political Theory of the Disruption

1916 ◽  
Vol 10 (3) ◽  
pp. 437-464 ◽  
Author(s):  
Harold J. Laski
Keyword(s):  
Political Theory ◽  
Political Authority ◽  
The State ◽  
The Political ◽  
The Reformation ◽  
Secular Society ◽  
The One ◽  
Definition Of ◽  
Political Principles ◽  
The Church

“Of political principles,” says a distinguished authority, “whether they be those of order or of freedom, we must seek in religious and quasi-theological writings for the highest and most notable expressions.” No one, in truth, will deny the accuracy of this claim for those ages before the Reformation transferred the centre of political authority from church to state. What is too rarely realised is the modernism of those writings in all save form. Just as the medieval state had to fight hard for relief from ecclesiastical trammels, so does its modern exclusiveness throw the burden of a kindred struggle upon its erstwhile rival. The church, intelligibly enough, is compelled to seek the protection of its liberties lest it become no more than the religious department of an otherwise secular society. The main problem, in fact, for the political theorist is still that which lies at the root of medieval conflict. What is the definition of sovereignty? Shall the nature and personality of those groups of which the state is so formidably one be regarded as in its gift to define? Can the state tolerate alongside itself churches which avow themselves societates perfectae, claiming exemption from its jurisdiction even when, as often enough, they traverse the field over which it ploughs? Is the state but one of many, or are those many but parts of itself, the one?

scholarly journals Kongen hersker, men regerer ikke - Guvernementalitet, statificering og statspraksis hos Michel Foucault

2018 ◽  
pp. 89-108
Author(s):  
Nicolai Von Eggers ◽  
Mathias Hein Jessen
Keyword(s):  
Michel Foucault ◽  
The State ◽  
The Political ◽  
Modern State ◽  
Giorgio Agamben ◽  
The West ◽  
Historical Investigation ◽  
History Of ◽  
Way Of Thinking

Michel Foucault developed his now (in)famous neologism governmentality in the first of the two lectures he devoted to ’a history of governmentality, Security, Territory, Population (1977-78) and The Birth of Biopolitics (1978-79). Foucault developed this notion in order to do a historical investigation of ‘the state’ or ‘the political’ which did not assume the entity of the state but treated it as a way of governing, a way of thinking about governing. Recently, the Italian philosopher Giorgio Agamben has taken up Foucault’s notion of governmentality in his writing of a history of power in the West, most notably in The Kingdom and the Glory. It is with inspiration from Agamben’s recent use of Foucault that Foucault’s approach to writing the history of the state (as a history of governmental practices and the reflection hereof) is revisited. Foucault (and Agamben) thus offer another way of writing the history of the state and of the political, which focuses on different texts and on reading more familiar texts in a new light, thereby offering a new and notably different view on the emergence of the modern state and politics.

scholarly journals Kant's metaphysics of law

2004 ◽  
Vol 76 (9) ◽  
pp. 426-436
Author(s):  
Danilo Basta
Keyword(s):  
International Law ◽  
The State ◽  
Legal Order ◽  
The Political ◽  
Political Union ◽  
History Of Interpretation ◽  
Final Goal ◽  
History Of ◽  
Cosmopolitan Law ◽  
Political Principles

The history of reception and the history of interpretation of Kant's legal deliberation are not the same even after two centuries. This was not only due to the recipients and interpreters of Kant's thoughts but also and above all due to Kant, i.e., the content and the spirit of his philosophy. The law of the state, the international law, and the cosmopolitan law are the ways to approach the eternal peace, which was considered by Kant as the final goal of the entire international law. The existence of the State is based on the idea of the Initial Agreement. According to Kant, in the Initial agreement all the individuals abandoned their external freedom in order to attain the freedom in a legal order as members of the political union. Kant did not always succeed to stay on the level of his own legal and political principles, and hence the light of his philosophy is sometimes covered with the dark shadows.

The State and Violence

2010 ◽  
Vol 8 (1) ◽  
pp. 293-296 ◽  
Author(s):  
Larry Diamond
Keyword(s):  
Conceptual Framework ◽  
Political Science ◽  
Rule Of Law ◽  
The State ◽  
Political Order ◽  
The Political ◽  
Modern State ◽  
Human History ◽  
The Rule Of Law ◽  
Social Orders

Violence and Social Orders: A Conceptual Framework for Interpreting Recorded Human History (Cambridge 2009) offers a theory of the evolution of the modern state and an even more ambitious framework “for interpreting recorded human history.” The book raises fundamental questions about the political structuring of violence, the functions of the rule of law, and the establishment and maintenance of political order. In doing so, it speaks to a range of political scientists from a variety of methodological and subfield perspectives. We have thus invited four prominent political science scholars of violence and politics to comment on the book: Jack Snyder, Caroline Hartzell, Jean Bethke Elshtain, and Larry Diamond.

The Concept of the Political: A Key to Understanding Carl Schmitt's Constitutional Theory

1997 ◽  
Vol 10 (1) ◽  
pp. 5-19 ◽  
Author(s):  
Ernst-Wolfgang Böckenförde
Keyword(s):  
The State ◽  
Carl Schmitt ◽  
The Political ◽  
Constitutional Theory ◽  
Personal Memory ◽  
Political Aspect ◽  
Legal Fiction ◽  
Political Unity ◽  
Legal Perspective ◽  
Law Student

The focus of this paper is not on the person, but on the work of Carl Schmitt, in particular the significance of Schmitt's concept of the political for an understanding of his legal and constitutional theory. Let me start with a short personal memory. When I was a third year law student, I read Carl Schmitt's Constitutional Theory. I came across the formulations that the state is the political unity of a people and that the rule of law component in a constitution is an unpolitical component. I was puzzled by these two remarks. I had learned from Georg Jellinek that the state, from a sociological perspective, is a purposeful corporative unit and, from a legal perspective, represents a territorially based corporation. I had also gathered some knowledge about “organic” state theories, especially that of Otto von Gierke who considers the state an organism and a real corporative personality rather than a mere legal fiction. On the basis of these theories, I felt unable to understand Schmitt's point that the state is the political unity of a people, because in those theories the political aspect is largely missing. It was only later that, by reading and studying Carl Schmitt's essay The Concept of the Political, I gradually learned to make sense of the above remarks. Thus I have discovered that that essay, and the understanding of the political elaborated in it, contains the key to understanding Carl Schmitt's constitutional theory in general. I would now like to explain this.

The State and the Jews: Reflections on Difficult Freedom

2006 ◽  
Vol 14 (1-2) ◽  
pp. 109-130
Author(s):  
Annette Aronowicz
Keyword(s):  
Jewish People ◽  
Second World War ◽  
The State ◽  
The Other ◽  
The Political ◽  
Modern State ◽  
World War ◽  
Political Dimension ◽  
Second World ◽  
Do So

AbstractThis essay examines the contrast between two conceptions of the universal, one represented by the modern State and the other by the Jewish people. In order to do so, it returns to the collection of essays on Judaism Levinas wrote in the approximately two decades after the Second World War, Difficult Freedom. Its aim is to focus specifically on the political dimension within this collection and then to step back and reflect on how his way of speaking of the political appears to us a full generation later. As is well known, Levinas's approach to the political has a way of escaping that realm, while nonetheless remaining relevant to it. This is what we shall try to capture and to evaluate.

The State and Violence

2010 ◽  
Vol 8 (1) ◽  
pp. 287-289 ◽  
Author(s):  
Jack Snyder
Keyword(s):  
Conceptual Framework ◽  
Political Science ◽  
Rule Of Law ◽  
The State ◽  
Political Order ◽  
The Political ◽  
Modern State ◽  
Human History ◽  
The Rule Of Law ◽  
Social Orders

Violence and Social Orders: A Conceptual Framework for Interpreting Recorded Human History (Cambridge 2009) offers a theory of the evolution of the modern state and an even more ambitious framework “for interpreting recorded human history.” The book raises fundamental questions about the political structuring of violence, the functions of the rule of law, and the establishment and maintenance of political order. In doing so, it speaks to a range of political scientists from a variety of methodological and subfield perspectives. We have thus invited four prominent political science scholars of violence and politics to comment on the book: Jack Snyder, Caroline Hartzell, Jean Bethke Elshtain, and Larry Diamond.

scholarly journals Hegel's Citizen

2004 ◽  
Vol 25 (1-2) ◽  
pp. 41-53
Author(s):  
Dudley Knowles
Keyword(s):  
Civil Society ◽  
The State ◽  
The Self ◽  
The Political ◽  
Modern State ◽  
Acting Out ◽  
Full Understanding ◽  
Free Agency ◽  
Ethical Status

Hegel's account of freedom is complex and difficult. It integrates a doctrine of free agency, a theory of social freedom, and a self-determining theodicy of Spirit. To achieve full understanding, if full understanding is possible, the student must both disentangle and articulate the components, and then fit together the separate pieces into an intelligible whole. And what is true of the whole is true of the parts; each element is in turn complex and controversial.In this paper, I want to investigate one very small aspect of this picture — the political phenomenology of the citizen of Hegel's rational state. Whether we are delineating the contours of free agency or re-telling Hegel's story about the modes of freedom constitutive of the institutions of the modern state, sooner or later we shall have to interpret Hegel's description of the self-consciousness of the typical citizen. We shall have to give some account of what citizens take to be their political standing, and show how both this standing and the citizens' understanding of it contribute to freedom.This should not be a controversial claim. To paraphrase portions of the famous statement at PR §260: The state is the actuality of concrete freedom. Members of families integrated into civil society knowingly and willingly acknowledge their citizenship and actively pursue the ends of the state. They do not live as private persons merely; in understanding, endorsing and acting out their ethical status as citizens they achieve such subjective fulfilment as isnecessaryfor them to be truly free.

Das Rätsel der Persönlichkeit—Max Weber’s Kulturkritik

2003 ◽  
Author(s):  
Duncan Kelly
Keyword(s):  
Friedrich Nietzsche ◽  
Max Weber ◽  
The State ◽  
The Other ◽  
The Political ◽  
Modern State ◽  
Special Importance ◽  
Central Question

In discussing the notion of ‘personality’ in the work of Max Weber, this chapter suggests that he developed a language of the worthwhile modern personality influenced by Friedrich Nietzsche. It argues that Weber's ‘central question’ was indeed a political one, concerned with the tense relationship between the life-conduct of the modern personality and the particular ‘orders of life’ into which individuals are placed. As an account of the nature of modernity, this is of special importance when linked to Weber's discussion of the specific requirements of the political personality capable of providing leadership in the modern state. The chapter reconstructs a guiding political theme within Weber's oeuvre, and focuses less on the state and a state ‘tradition’ than the other discussions in the book.

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