scholarly journals The Principle of necessitas frangit legem in the Activity and Thought of Andrzej Maksymilian Fredro

2020 ◽  
Vol 29 (5) ◽  
pp. 311
Author(s):  
Marek Tracz-Tryniecki

<p>The article presents the attitude of Andrzej Maksymilian Fredro – a key statesman and political writer in the 17<sup>th</sup>-century Polish-Lithuanian Commonwealth – toward the principle of <em>necessitas frangit legem</em>. At the beginning, the intellectual sources of his understanding of this principle are discussed. Two groups are referenced: one referring to the Christian legal view on <em>necessitas</em> and the other connected with the question of the reason of state. Then four aspects of Fredro’s thought and political activity are analyzed. Firstly, his reference to <em>necessitas</em> treated as the justification of the amendment of the old law. Secondly, various examples of his flexible attitude toward law. All of them express Fredro’s opinion on the key role of prudence in the process of applying law. Thirdly, the question of the infringement of law is discussed by referring to his concept of the exception from law and his reaction to Siciński’s veto. Fourthly, it is pointed how in the context of the political conflict during the 1660s Fredro adopted a much stricter attitude toward observing the law. In the end, the conclusions state that Fredro’s case is a good example of the dilemma of Polish political thought and practice of how to combine effective governance with the respect for constitutional forms.</p>

2019 ◽  
Author(s):  
Peter Ditto ◽  
Brittany Liu ◽  
Cory J Clark ◽  
Sean Wojcik ◽  
Eric Chen ◽  
...  

Both liberals and conservatives accuse their political opponents of partisan bias, but is there empirical evidence that one side of the political aisle is indeed more biased than the other? To address this question, we meta-analyzed the results of 51 experimental studies, involving over 18,000 participants, that examined one form of partisan bias— the tendency to evaluate otherwise identical information more favorably when it supports one’s political beliefs or allegiances than when it challenges those beliefs or allegiances. Two hypotheses based on previous literature were tested: an asymmetry hypothesis (predicting greater partisan bias in conservatives than in liberals) and a symmetry hypothesis (predicting equal levels of partisan bias in liberals and conservatives). Mean overall partisan bias was robust (r = .245), and there was strong support for the symmetry hypothesis: Liberals (r = .235) and conservatives (r = .255) showed no difference in mean levels of bias across studies. Moderator analyses reveal this pattern to be consistent across a number of different methodological variations and political topics. Implications of the current findings for the ongoing ideological symmetry debate and the role of partisan bias in scientific discourse and political conflict are discussed.


1983 ◽  
Vol 77 (3) ◽  
pp. 690-703 ◽  
Author(s):  
Frances Kahn Zemans

This article argues thai the role of the law in the political system has been construed much too narrowly. A review of the political science literature demonstrates an interest in the law that is largely confined to the making of new laws, social change, and social control. That view implies an acceptance of the legal profession's distinction between public and private law as a reasonable guide for political scientists in the study of law.A more interactive view of the law is presented, characterizing legal mobilization (invoking legal norms) as a form of political activity by which the citizenry uses public authority on its own behalf. Further, the legal system, structured to consider cases and controversies on an individual basis, provides access to government authority unencumbered by the limits of collective action. This form of public power, although contingent, is widely dispersed.Consideration of the factors that influence legal mobilization is important not only to understanding who uses the law, but also as predictors to the implementation of public policy; with very few exceptions, the enforcement of the laws depends upon individual citizens to initiate the legal process. By virtue of this dependence, an aggregation of individual citizens acting largely in their own interests strongly influences the form and extent of the implementation of public policy and thereby the allocation of power and authority.


Obraz ◽  
2020 ◽  
Vol 34 (2) ◽  
pp. 34-41
Author(s):  
Taras Ohorodnyk

The article examines the publicistic polemic of 1919–1920 between the Social Democrats Volodymyr Starosolsky, Mykola Hankevych and Dmytro Dontsov on one side and the National Democrats Kost’ Levytsky, Pavlo Lysyak on the other about the Ukrainian-Polish understanding and the conclusion of the Treaty of Warsaw in 1920 between the Ukrainian People’s Republic and Poland. The main focus is on the polemic over the participation and role of Volodymyr Starosolsky in the Ukrainian-Polish negotiations. The object of the study is primarily the Lviv newspapers «Vpered/Forward», «Hromadska Dumka / Public Opinion», «Nova Rada/New Council» and the Vienna magazine «Ukrainskyi Prapor/Ukrainian Flag». To study newspaper articles and define the basic concepts of journalistic polemic, the methods of analysis, synthesis, comparative method and press clipping were used. Historical and logical methods were chosen to determine the objectivity of the facts stated by the polemists, as well as a biographical method to reveal the political activity of Volodymyr Starosolsky as the scholar and publicist.


2018 ◽  
Vol 14 (2) ◽  
pp. 273-291 ◽  
Author(s):  
Peter H. Ditto ◽  
Brittany S. Liu ◽  
Cory J. Clark ◽  
Sean P. Wojcik ◽  
Eric E. Chen ◽  
...  

Both liberals and conservatives accuse their political opponents of partisan bias, but is there empirical evidence that one side of the political aisle is indeed more biased than the other? To address this question, we meta-analyzed the results of 51 experimental studies, involving over 18,000 participants, that examined one form of partisan bias—the tendency to evaluate otherwise identical information more favorably when it supports one’s political beliefs or allegiances than when it challenges those beliefs or allegiances. Two hypotheses based on previous literature were tested: an asymmetry hypothesis (predicting greater partisan bias in conservatives than in liberals) and a symmetry hypothesis (predicting equal levels of partisan bias in liberals and conservatives). Mean overall partisan bias was robust ( r = .245), and there was strong support for the symmetry hypothesis: Liberals ( r = .235) and conservatives ( r = .255) showed no difference in mean levels of bias across studies. Moderator analyses reveal this pattern to be consistent across a number of different methodological variations and political topics. Implications of the current findings for the ongoing ideological symmetry debate and the role of partisan bias in scientific discourse and political conflict are discussed.


2021 ◽  

Historians of political thought and international lawyers have both expanded their interest in the formation of the present global order. History, Politics, Law is the first express encounter between the two disciplines, juxtaposing their perspectives on questions of method and substance. The essays throw light on their approaches to the role of politics and the political in the history of the world beyond the single polity. They discuss the contrast between practice and theory as well as the role of conceptual and contextual analyses in both fields. Specific themes raised for both disciplines include statehood, empires and the role of international institutions, as well as the roles of economics, innovation and gender. The result is a vibrant cross-section of contrasts and parallels between the methods and practices of the two disciplines, demonstrating the many ways in which both can learn from each other.


2021 ◽  
Author(s):  
Kurdistan Saeed

This study deals with the political parties’ pluralism in Iraq under the Parties Law No. 36 of 2015. The importance of the study lies in the fact that it looks at a topic that is at the heart of democracy and it is necessary for the success of any democratic processes. The study focuses on parties’ pluralism in Iraq since the establishment of the Iraqi state in 1921 until the end of the Baath Party regime in 2003, it also covers the period after 2003 and pays particular attention to the Parties Law No. 36 of 2015. It focuses on the legal framework of political parties after the adoption of the Political Parties Law and studies the impact of this law on parties’ pluralism in Iraq after its approval in 2015. The study concludes that Law No. 36 of 2015 is incapable of regulating parties’ pluralism for reasons including: the lack of commitment by the political parties to the provisions of the law, the inability of the Parties Affairs Department to take measures against parties that violate the law the absence of a strong political opposition that enhances the role of political parties, the association of most Iraqi parties with foreign agendas belonging to neighboring countries, and the fact that the majority of Iraqi parties express ethnic or sectarian orientations at the expense of national identity.


2011 ◽  
Vol 8 (3) ◽  
pp. 591-620 ◽  
Author(s):  
KATRINA FORRESTER

Current interpretations of the political theory of Judith Shklar focus to a disabling extent on her short, late article “The Liberalism of Fear” (1989); commentators take this late essay as representative of her work as a whole and thus characterize her as an anti-totalitarian, Cold War liberal. Other interpretations situate her political thought alongside followers of John Rawls and liberal political philosophy. Challenging the centrality of fear in Shklar's thought, this essay examines her writings on utopian and normative thought, the role of history in political thinking and her notions of ordinary cruelty and injustice. In particular, it shifts emphasis away from an exclusive focus on her late writings in order to consider works published throughout her long career at Harvard University, from 1950 until her death in 1992. By surveying the range of Shklar's critical standpoints and concerns, it suggests that postwar American liberalism was not as monolithic as many interpreters have assumed. Through an examination of her attitudes towards her forebears and contemporaries, it shows why the dominant interpretations of Shklar—as anti-totalitarian émigré thinker, or normative liberal theorist—are flawed. In fact, Shklar moved restlessly between these two categories, and drew from each tradition. By thinking about both hope and memory, she bridged the gap between two distinct strands of postwar American liberalism.


2003 ◽  
Vol 29 (S1) ◽  
pp. 199-221 ◽  
Author(s):  
Karena Shaw

We find ourselves amidst an explosion of literature about how our worlds are being fundamentally changed (or not) through processes that have come to be clumped under the vague title of ‘globalisation’. As we wander our way through this literature, we might find ourselves – with others – feeling perplexed and anxious about the loss of a clear sense of what politics is, where it happens, what it is about, and what we need to know to understand and engage in it. This in turn leads many of us to contribute to a slightly smaller literature, such as this Special Issue, seeking to theorise how the space and character of politics might be changing, and how we might adapt our research strategies to accommodate these changes and maintain the confidence that we, and the disciplines we contribute to, still have relevant things to say about international politics. While this is not a difficult thing to claim, and it is not difficult to find others to reassure us that it is true, I want to suggest here that it is worth lingering a little longer in our anxiety than might be comfortable. I suggest this because it seems to me that there is, or at least should be, more on the table than we're yet grappling with. In particular, I argue here that any attempt to theorise the political today needs to take into account not only that the character and space of politics are changing, but that the way we study or theorise it – not only the subjects of our study but the very kind of knowledge we produce, and for whom – may need to change as well. As many others have argued, the project of progressive politics these days is not especially clear. It no longer seems safe to assume, for example, that the capture of the state or the establishment of benign forms of global governance should be our primary object. However, just as the project of progressive politics is in question, so is the role of knowledge, and knowledge production, under contemporary circumstances. I think there are possibilities embedded in explicitly engaging these questions together that are far from realisation. There are also serious dangers in trying to separate them, or assume the one while engaging the other, however ‘obvious’ the answers to one or the other may appear to be. Simultaneous with theorising the political ‘out there’ in the international must be an engagement with the politics of theorising ‘in here,’ in academic contexts. My project here is to explore how this challenge might be taken up in the contemporary study of politics, particularly in relation to emerging forms of political practice, such as those developed by activists in a variety of contexts. My argument is for an approach to theorising the political that shifts the disciplinary assumptions about for what purpose and for whom we should we produce knowledge in contemporary times, through an emphasis on the strategic knowledges produced through political practice. Such an approach would potentially provide us with understandings of contemporary political institutions and practices that are both more incisive and more enabling than can be produced through more familiarly disciplined approaches.


Jurnal Akta ◽  
2018 ◽  
Vol 5 (1) ◽  
pp. 25
Author(s):  
Rita Permanasari ◽  
Akhmad Khisni

ABSTRAKKetentuan Pasal 4 dan Pasal 16 ayat (1) huruf f Undang-Undang Jabatan Notaris mewajibkan notaris untuk menjaga kerahasiaan segala sesuatu mengenai akta yang dibuatnya dan segala keterangan yang diperoleh guna pembuatan akta sesuai dengan sumpah janji jabatan kecuali undang-undang menentukan lain. Kemungkinan terhadap pelanggaran kewajiban tersebut berdasarkan Pasal 16 ayat (11) Undang-Undang Jabatan Notaris, seorang notaris dapat dikenai sanksi berupa teguran lisan sampai dengan pemberhentian dengan tidak hormat. Terlebih lagi dengan adanya putusan Mahkamah Konstitusi Republik Indonesia dengan Nomor: 49/PUU–X/2012 memutuskan telah meniadakan atau mengakhiri kewenangan Majelis Pengawas Daerah (MPD) yang tercantum dalam Pasal 66 ayat (1) UUJN membuat notaris seakan-akan tidak ada perlindungan hukum bagi notaris dalam menjalankan tugas jabatannya. Ikatan Notaris Indonesia (INI) harus berusaha menjalankan peranan pembinaan dan perlindungan meningkatkan pengetahuan, kemampuan dan keterampilan para notaris. Demikian juga menjalin hubungan dengan para penegak hukum lainnya, agar penegak hukum lainnya yang ada hubungan dengan notaris dapat memahami kedudukan notaris sesuai UUJN.Berangkat dari pemikiran inilah kewajiban ingkar notaris masih tetap dipertahankan oleh pembuat undang-undang dalam revisi Undang-Undang Jabatan Notaris Tahun 2014 yang merupakan konfigurasi kekuatan perlindungan terhadap profesi dan jabatan notaris dari sisi politik.Kata Kunci : Jabatan Notaris, Hak Ingkar, Perlindungan Hukum.ABSTRACTThe provisions of Article 4 and Article 16 paragraph (1) sub-paragraph f of the Notary's Office Law require a notary to maintain the confidentiality of all matters concerning the deeds it has made and all the information obtained for the deed in accordance with the oath of pledge of office except the law otherwise. The possibility of breach of such obligation under Article 16 paragraph (11) of Notary Law Regulation, a notary public may be subject to sanctions in the form of oral reprimands until dismissal with disrespect. Moreover, with the decision of the Constitutional Court of the Republic of Indonesia with the number : 49 /PUU-X/2012 deciding to have canceled or terminated the authority of the Regional Supervisory Board (MPD) listed in Article 66 paragraph (1) UUJN made a notary as if there was no legal protection for a notary in performing duties. The Indonesian Notary Bond (INI) should endeavor to undertake the role of guidance and protection to increase the knowledge, abilities and skills of the notaries. Likewise establish relationships with other law enforcers, so that other law enforcement who has relationship with the notary can understand the position of notary under the UUJN.Departing from this thought the obligation of notarization is still maintained by the lawmakers in the revision of the Law Regulation of Position Notary on Year 2014 which is the configuration of the strength of the protection of the profession and the notary's position from the political side.Keyword : Position of Notary, Right of Remedy, Legal Protection.


Author(s):  
Sergey Meshcheriakov ◽  

The article examines the political activity of Dobrica Ćosić, mentions the role of his documentary prose and analyzes the writer’s fiction through the prism of his service to the Serbian nation. The article acknowledges the recognition that Dobrica Ćosić has earned in Russia.


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