scholarly journals Love, the law and religion:

2021 ◽  
Vol 7 (1) ◽  
Author(s):  
Theo De Witt
Keyword(s):  
Political Community ◽  
Democratic Legitimacy ◽  
National Unity ◽  
Modern Democracy ◽  
God's Will ◽  
Church Father ◽  
The Will ◽  
The Law ◽  
The Relationship ◽  
Basic Intuition

To the question “Are we as humans obliged to something because it is good, or because it is prescribed by God?”, the Christian Church father Tertullian answered: we obey because of God's will. Today, many are inclined to give the first answer, and even to distrust people who follow Tertullian. In this article, however, the author demonstrates the continuing relevance of Tertullian’s paradigm about reason/will in modern political philosophy: for example, in Thomas Hobbes’ “decisionist” maxim: not truth, but the will of formal authority establishes the law. Or in the democratic combination of rational discussion and decisive majority will. This gives modern democracy the character of a ritual instead of a rational machinery: a kind of secular divine judgement. Also another issue allows us to demonstrate the lasting actuality of Tertullian’s paired concepts: the issue that a political community not only needs democratic legitimacy, but also national unity. Here also the relationship with the question of violence becomes relevant. The author presents four “dangerous liaisons” between love and rational justice. The basic intuition here is that we “not only want to live in a world which we are able to consider just, but in a reality which we experience as valuable in and of itself” (Paul W. Kahn). Love can strengthen rational justice, and vice versa; love can get in conflict with justice; justice can try to expand itself at the expensive of love; and – the other way around – love can drive us to the universal and transcend legal boundaries. As a conclusion, we can distinguish clearly between nationalism and patriotism. And second, we must admit that, while love will always destabilize law, the opposite is also true: we have to make calculations, so that justice can also destabilize love.

18 The Law of Neutrality

2021 ◽  
Author(s):  
Bothe Michael
Keyword(s):  
Armed Conflict ◽  
Armed Conflicts ◽  
The Other ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Neutral State ◽  
The Will ◽  
The Law ◽  
The Right ◽  
The Relationship

This chapter focuses on rules of the law of neutrality concerning the protection of the victims of armed conflicts, which must be considered as part of international humanitarian law. ‘Neutrality’ describes the particular status, as defined by international law, of a state not party to an armed conflict. This status entails specific rights and duties in the relationship between the neutral and the belligerent states. On one hand, there is the right of the neutral state to remain apart from, and not to be adversely affected by, the conflict. On the other hand, there is the duty of non-participation and impartiality. The right not to be adversely affected means that the relationship between the neutral and belligerent States is governed by the law of peace, which is modified only in certain respects by the law of neutrality. In particular, the neutral State must tolerate certain controls in the area of maritime commerce. The duty of non-participation means, above all, that the state must abstain from supporting a party to the conflict. This duty not to support also means that the neutral state is under a duty not to allow one party to the conflict to use the resources of the neutral state against the will of the opponent.

Peter Lombard’s on God’s Will: Sententiae, Book I, Distinctions 45-46

2018 ◽  
pp. 136-152
Author(s):  
R. Tkachenko
Keyword(s):  
Free Will ◽  
God's Will ◽  
Doctrine Of God ◽  
Divine Will ◽  
The Will ◽  
Biblical Texts ◽  
The Given ◽  
The Relationship ◽  
Theology Proper

The global Peter Lombard research continues, but the Master of the Sentences’ theology proper is still to be analyzed in detail. In particular, a more thorough exposition of the distinctions 45-48 of his Book of Sentences, which deal with the notion of God’s will and its relation to the human free will, has for some while remained a desideratum. The given article partly fills this lacuna and elucidates on the doctrine of the divine will as presented by the Lombard. In particular, it is shown that for him there exist two ways of speaking about God’s will: «simply and absolutely» and «not simply and absolutely» which may be identified with intransitive and transitive use of the verb «to will,» respectively. The will is primarily understood in terms of execution of one’s will (active willing) but its relation to one’s desires and inclinations (wanting) are downplayed or altogether omitted from the Lombardian doctrine of God. The divine will is by definition free and efficient but Lombard highlights that there is place for human free will, too. His explanation of the relationship between the divine and the human wills seems somewhat unconvincing but the unfolding of his theory on the basis of a few biblical texts should be acknowledged a peculiar theological exercise.

Beyond Sovereignty

2021 ◽  
pp. 246-267
Author(s):  
Sarah Mortimer
Keyword(s):  
Natural Law ◽  
Laws Of Nature ◽  
Political Community ◽  
Human Society ◽  
Law Of Peoples ◽  
The Face ◽  
New Ideas ◽  
The Law ◽  
Ius Gentium ◽  
The Relationship

Most texts examined so far were designed to explain where power lay within a local, seemingly autonomous political community. But local circumstances were shaped by the international situation, and the relationship between the local political community and the wider human society of which it was part became an increasingly important issue towards the end of the sixteenth century. In the face of continuing Habsburg dominance on the European continent, Protestants like Alberico Gentili began to articulate new ideas of a shared human society and of the law of peoples (ius gentium), using these to justify military intervention. The relationship between the law of peoples, the law of war, and Christian principles came to be debated more intensely, especially as political tensions deepened. With the outbreak of the Thirty Years War in 1618, calls for solidarity among co-religionists intensified, but this period also saw a major new account of the laws of nature which explicitly distinguished these from Christianity (although not from religion). In De Jure Belli ac Pacis (1625), Hugo Grotius argued that the authority of the civil magistrate needed to be connected to the natural law if his commands were to be seen as legitimate, while he defined this natural law in terms of ‘strict right’, distinct from considerations of virtue, distributive justice, or Christian charity. His achievement was to suggest how human beings with diverse opinions about salvation and merit could live peacefully together.

СERTAINISSUESRELATEDTOTHEAPPLICATIONOFTHEPRINCIPL EOFAUTONOMYOFWILLINFOREIGNECONOMICAGREEMENTS (CONTRACTS)

2017 ◽  
Author(s):  
Oleksandr Radchuk ◽  
◽  
Maryna Kakhnova ◽  
Keyword(s):  
Legal Order ◽  
Choice Of Law ◽  
Applicable Law ◽  
Judicial Practice ◽  
Foreign Law ◽  
The Will ◽  
The Law ◽  
The Relationship ◽  
Economic Agreement ◽  
Autonomy Of Will

This article considers certain issues related to the application of the principle of autonomy of will in foreign economic agreements (contracts). Special attention was drawn to the terms, which are mandatory for the counterparties of a foreign economic agreement when applying this principle. A foreign element must be present in the relationship regulated by the contract. Participants in legal relations may independently choose the law to be applied only in cases provided for by law. The choice of law must be obvious or directly follow from the actions of the parties, the terms of the deal or the circumstances of the case unless otherwise provided by law.It is concluded that there is no time limit to make the autonomy of the will, because the choice of law can be made by the participants in legal relations at any time. A distinction has been made between absolute autonomy of will, which means that the parties can determine any legal order at their discretion and limited autonomy of will, which means that the partiescan choose the legal order relating to the country of the parties.The problem of the conclusive form of expression of autonomy of will in acontract was given detailed consideration, as the case is complicated when the applicable law is not clearly defined. The author defined the difficulties arising when the counterparties of the foreign economic agreement (contract) choose the law of a ‘third’ (neutral) state. In this case it can be difficult for the counterparties to take into account all the consequences of a foreign economic agreement caused by insufficient knowledge of foreign legislation. The author's opinion is expressed about the falsity of contractual practice, when the parties choose the law of the state, the law not related to the country of the parties. Proposals regarding the legislative regulation of the procedure undertaken by the court to clarify the content of this foreign law were made. The absence of this procedure leadto an ambiguous judicial practice, when any courts "avoid" the application of a law other than the law of Ukraine.

Citizenship Rules in Sudan and Post-Secession Problems

2011 ◽  
Vol 55 (2) ◽  
pp. 157-180 ◽  
Author(s):  
Nasredeen Abdulbari
Keyword(s):  
International Norms ◽  
Political Community ◽  
The South ◽  
National Unity ◽  
Southern Sudan ◽  
Legal Rules ◽  
Community Or ◽  
The Law ◽  
To Come

AbstractAffiliation with a political community or entity has throughout history been important for the purposes of protection and belonging. This article discusses the concept of citizenship in Sudan in light of the Sudanese and Southern Sudanese interim constitutions and relevant laws, taking into consideration the international norms in this regard. It also sheds light on the application of the law and possible scenarios when the South becomes an independent nation. It argues that a set of legal rules that organize nationality issues in Sudan and Southern Sudan are inconsistent with general nationality principles and that, if their provisions remain valid until the fragmentation of Sudan becomes a reality, many post-secession violations will be difficult to avoid. It suggests a series of measures that the main parties to the National Unity Government should take to avert such violations and secure peaceful and neighbourly relations in the years to come.

Democratic Basis

2021 ◽  
pp. 68-143
Author(s):  
Martijn W. Hesselink
Keyword(s):  
Contract Law ◽  
Democratic Legitimacy ◽  
Institutional Choice ◽  
Central Question ◽  
European Contract ◽  
The Law ◽  
The Relationship ◽  
Law Making ◽  
European Contract Law

This chapter concerns the relationship between contract law and democracy. The central question is whether contract law, in order to be legitimate, must have a democratic basis, and what this would entail. This leads to a normative institutional comparison between legislators, courts, legal academics, and economic-sectoral experts as the protagonists in contract law making. In addition, beyond the matter of institutional choice, the question of democratic legitimacy may lead to the question of whether there are any limits as to the kind of reasons (‘public reasons’) that can justify the law, in our case European contract law.

Should Lawyers Be Loyal To Clients, the Law, or Both?

2020 ◽  
Vol 65 (1) ◽  
pp. 19-39
Author(s):  
W Bradley Wendel
Keyword(s):  
Political Community ◽  
Democratic Legitimacy ◽  
Legal Rights ◽  
Reasons For Action ◽  
Legal Ethics ◽  
Theoretical Approaches ◽  
Legal Legitimacy ◽  
The Law ◽  
Collective Authorship

Abstract: Loyalty is a central ideal in both legal ethics and fiduciary law, but recent theoretical approaches to legal ethics also emphasize the connection between the legal profession and the rule of law or democratic self-government. In order for lawyers to perform the role of securing relationships of mutual respect among citizens of a political community, the requirement of single-minded, partisan loyalty to clients may need to be relaxed. Fidelity to law may be in tension with fidelity to clients. This paper considers Daniel Markovits’s strong conception of loyalty and his argument that it follows from necessary conditions for democratic legitimacy. Markovits contends that partisan advocacy is necessary to transform the attitudes of citizens in a way that causes them to internalize the community’s scheme of legal rights and duties as the product of collective authorship by all affected citizens. In that sense, citizens can be said to internalize the requirements of the community’s law. The paper then defends a more modest internalist approach to legal legitimacy and authority, in which giving a legal justification for some action necessarily means committing oneself to a practical stance toward the law that assumes one’s membership in a political community and accepts the community’s laws as reasons for action.

scholarly journals The relationship between lis pendens and exclusive international jurisdiction based on a choice of court agreement in the law of the Hague Conference and Bosnia and Herzegovina

2021 ◽  
Vol 93 (4) ◽  
pp. 957-993
Author(s):  
Adis Poljić
Keyword(s):  
Bosnia And Herzegovina ◽  
Hague Convention ◽  
International Jurisdiction ◽  
The Will ◽  
The Subject ◽  
The Hague ◽  
The Law ◽  
The Hague Convention ◽  
The Relationship

The subject of the paper refers to the analysis of the exercise of the will of the contracting parties regarding the jurisdiction of the court in the law of the Hague Conference and Bosnia and Herzegovina. The exercise of the will of the contracting parties may be limited by the institute of lis pendens, which makes it impossible to conduct two proceedings between the same parties simultaneously for the same claim based on the same facts, giving priority to the first one, regardless of agreed-upon international jurisdiction. By agreeing on the jurisdiction, the contracting parties decide which court will resolve their dispute, which is extremely important for them. Based on the analysis of the Hague Convention on Choice of Court Agreements, it is concluded that preference is given to proceedings before the chosen court, with certain exceptions when the agreement of the parties will not apply. The law of Bosnia and Herzegovina applies the rules of lis pendens which may prevent the application of the agreement of the parties.

The Transformation of the Trengganu Legal Order

1980 ◽  
Vol 11 (1) ◽  
pp. 1-29 ◽  
Author(s):  
Heather Sutherland
Keyword(s):  
Legal System ◽  
Social Order ◽  
The State ◽  
Legal Order ◽  
Institutional Framework ◽  
Law And Politics ◽  
The Will ◽  
The Law ◽  
The Relationship

The relationship between law and politics is both close and ambiguous. Ideally, the law provides impartial justice, but at the same time it expresses—both actually and symbolically—the will of the state. Consequently, a legal system usually embodies the establishment idea of proper social order, and should provide a legitimate means of enforcing compliance to that idea. It follows then that different societies have different kinds of law: underlying principles, procedure, and the institutional framework vary considerably from place to place.

ZONA EKONOMI EKSLUSIF (ZEE) DALAM POROS MARITIM DAN TOL LAUT

2018 ◽  
Author(s):  
Joko Dwi Sugihartono
Keyword(s):  
Deep Sea ◽  
Exclusive Economic Zone ◽  
National Unity ◽  
Logistics Cost ◽  
The Earth ◽  
Sea Bed ◽  
Sea Transportation ◽  
Economic Zone ◽  
The Law ◽  
Lack Of Knowledge

<p>in Indonesia is a region bordering the sea region of Indonesia determined by the law which included sea bed, land under it and water above it with the limit of 200miles. This is measured from Indonesian line of the sea.This whole time a lot of people see the shoreline as the sea border. This perspective makes us alienated and lack of knowledge to take advantage of the sea. This understanding also conjures the idea sea toll, to confirm that Indonesia is maritime country. Sea toll means building sea transportation with ships or sea logistic system which will serve nonstop back and forth from Sabang to Merauke. One of the factors to support this is by building ports (deep sea port) order to give faraway to big ships. A course that spreading as far as 5,000 kilometers or an eighth circumference of the earth One of the purposes of sea toll is to move the economy as efficient and evenly as possible. With the hope that, there will be ships back and forth on Indonesian water, so logistics cost will be cheap. That is why; sea toll is one of President Joko Widodo’s priorities which are also meant to develop Indonesia as maritime country and develop Indonesia as national unity. In addition sea toll can also be affirmation, that Indonesia is in every regions even if it is through ships.</p><p><strong>Keywords : Exclusive Economic Zone (ZEE) , Sea Toll , The Shaft Maritime, A Seaport</strong></p>

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