scholarly journals “It Is a Nomos Very Different from the Law”: on Anarchy and the Law

2021 ◽  
Vol 96 ◽  
pp. 125-139
Author(s):  
Christos Marneros
Keyword(s):  
Gilles Deleuze ◽  
The State ◽  
Philosophical Thought ◽  
Complex Mechanisms ◽  
The Law ◽  
State Of Affairs ◽  
The Relationship

The relationship between anarchy and the law is, to say the least, an uncomfortable one. The so-called ‘classical’ anarchist position – in all its heterogeneous tendencies – is, usually, characterised by a total opposition against the law. However and despite its invaluable contribution and the ever-pertinent critique of the state of affairs, this ‘classical’ anarchist position needs to be re-examined and rearticulated if it is to pose an effective nuisance to the current (and much complex) mechanisms of domination and the oppression of dogmatism and dominance of the law. Taking into account the aforementioned challenges, in this article, I examine and develop two notions of the philosophical thought of Gilles Deleuze, namely that of the institution and that of the nomos of the nomads. In doing so, I aim to think anew the relationship between anarchy and the law and, ultimately, to point towards an ethico-political account, of what I shall call an an-archic nomos which escapes (or, at least, tries to) the dogmatism and “archist” mentality of the law.

Plebiscitary Politics and the Threats to Legality

2019 ◽  
pp. 275-289
Author(s):  
Claudius Härpfer
Keyword(s):  
The State ◽  
Short Term ◽  
Political Processes ◽  
The Face ◽  
State Of Affairs ◽  
The Relationship

In recent times we find many plebiscitary acts that seek to democratically legitimize political processes in any direction. They have in common that they interrupt the normal routine of representative democracies to a certain degree and create an extra-daily state of affairs, which entails not only direct but also indirect consequences. The text attempts to systematize some of these mechanisms from a Weberian perspective using Brexit as an example. After a brief overview of Weber’s short-term politically inspired statements on plebiscitary democracy, the text systematizes Weber’s understanding of the state as a bureaucratic apparatus that requires any kind of leader to be controlled. Subsequently, the text discusses the relationship between domination, legality, and rationality in order to finally point out the danger of erosion of truth and legality through the emergence of competing consensus communities in the face of competing conceptions of order.

scholarly journals Zbiorowe diagnozowanie polskiej rzeczywistości. O wywiadach Michała Sutowskiego

2017 ◽  
Vol 61 (4) ◽  
pp. 215-221
Author(s):  
Irena Pańków
Keyword(s):  
The State ◽  
Social Conditions ◽  
Decision Makers ◽  
Scholarly Research ◽  
Valuable Source ◽  
Public Debates ◽  
The Law ◽  
Law And Justice ◽  
State Of Affairs

This essay is a review based on material from nineteen published interviews that focused on a diagnosis of Polish conditions after a year of the Law and Justice [Prawo i Sprawiedliwość] party’s rule. The interviews were conducted with experts—academics and journalists—by Michał Sutowski, who published these interviews as a collection.  The author demonstrates that such a collective diagnosis has major advantages in Poland’s current, rapidly changing, social conditions. Such a method is quicker than the scholarly approach to describing and explaining the state of affairs. The collection of interviews could also be a valuable source of inspiration for public debates and scholarly research in many areas, and could contain guidelines for decision-makers.

The Influence of the Process of Changing National Identity on the Aggravation of Relations Between the Church and the State in Montenegro

2020 ◽  
pp. 264-268
Author(s):  
Николай Сапсай
Keyword(s):  
National Identity ◽  
The State ◽  
Complete Picture ◽  
Orthodox Church ◽  
State Of Affairs ◽  
The Relationship ◽  
The Church

В данном обзоре будет представлен труд, в котором анализируется развитие тенденции черногорских властей к сепаратизму совместно с формированием своей идентичности и церкви. В книге особенно прослеживается радикализация позиции черногорских властей по отношению к сербской идентичности и культуре, в том числе и канонической Сербской Православной Церкви. Также читатeли получат более полную картину о событиях, которые способствовали усложнению взаимоотношений между Церковью и государством в Черногории. Книга будет полезна всем тем, кто интересуется новейшей историей и положением дел в Черногории. This review will present a book that analyzes the development of the Montenegrin authorities’ tendency towards separatism together with the formation of their own identity and church. The book especially traces the radicalization of the position of the Montenegrin authorities in relation to Serbian identity and culture, including the canonical Serbian Orthodox Church. Also, the readers will receive a more complete picture of the events that contributed to the complication of the relationship between the Church and the state in Montenegro. The book will be useful to all those who are interested in the latest history and the state of affairs in Montenegro.

1. Introducing constitutions and public law

2019 ◽  
pp. 3-24
Author(s):  
Anne Dennett
Keyword(s):  
Public Administration ◽  
Balance Of Power ◽  
Administrative Law ◽  
Public Law ◽  
The State ◽  
The Law ◽  
The Uk ◽  
And Control ◽  
The Relationship

This introductory chapter provides an overview of the idea and importance of constitutions. A constitution is essentially a rulebook for how a state is run, and its function is to impose order and stability; to allocate power, rights, and responsibility and control the power of the state. Indeed, a state's constitution sets out the structure and powers of government and the relationship between individuals and the state, and a balanced constitution ensures a balance of power between the institutions of government. New constitutions can arise either through a process of evolution or as an act of deliberate creation. The chapter then considers the UK constitution. Public law is a fundamentally important part of the UK's national law and is the law about government and public administration. It places limitations on the power of the state through objective, independent controls. It is also known as ‘constitutional and administrative law’.

scholarly journals Reading Lies: Nonverbal Communication and Deception

2019 ◽  
Vol 70 (1) ◽  
pp. 295-317 ◽  
Author(s):  
Aldert Vrij ◽  
Maria Hartwig ◽  
Pär Anders Granhag
Keyword(s):  
Nonverbal Communication ◽  
Nonverbal Behavior ◽  
The State ◽  
Nonverbal Cues ◽  
Nonverbal Behaviors ◽  
State Of Affairs ◽  
The Relationship

The relationship between nonverbal communication and deception continues to attract much interest, but there are many misconceptions about it. In this review, we present a scientific view on this relationship. We describe theories explaining why liars would behave differently from truth tellers, followed by research on how liars actually behave and individuals’ ability to detect lies. We show that the nonverbal cues to deceit discovered to date are faint and unreliable and that people are mediocre lie catchers when they pay attention to behavior. We also discuss why individuals hold misbeliefs about the relationship between nonverbal behavior and deception—beliefs that appear very hard to debunk. We further discuss the ways in which researchers could improve the state of affairs by examining nonverbal behaviors in different ways and in different settings than they currently do.

10. Children needing services, care, and protection

2018 ◽  
Author(s):  
Stephen Gilmore ◽  
Lisa Glennon
Keyword(s):  
Family Life ◽  
Local Authority ◽  
The State ◽  
Care Plan ◽  
Significant Harm ◽  
The Law ◽  
The Relationship

This chapter examines the relationship between children, parents, and the state, looking at how the law responds to children needing services, care, and protection. Topics discussed include: Part III of the Children Act 1989; the threshold for compulsory intervention in family life based on the concept of ‘significant harm’; protecting children in an emergency; interim care and supervision orders; the local authority’s care plan and respective roles of the local authority and court; and discharge of care orders.

PUBLIC INTEREST AS A DETERMINANT OF TERRITORIAL AUTONOMY

2020 ◽  
Vol 3 (XX) ◽  
pp. 223-233
Author(s):  
Przemysław Niemczuk
Keyword(s):  
Public Interest ◽  
National Interest ◽  
The State ◽  
Social Conditions ◽  
The Public ◽  
Relative Term ◽  
The Law ◽  
Distribution Of Power ◽  
The Relationship

The article aims to explore the concept of territorial autonomy. The research assumption is that public interest is one of the fundamental determinants of territorial autonomy. Territorial autonomy has not been defined by law. It is a general and relative term, and thus difficult to define (if such an enterprise is possible at all). However, one thing is certain - the idea behind this term determines the law regulating the organizational and territorial form of the state, i.e. the distribution of power between the centre and the territory. Further attempts to specify territorial autonomy are met with serious difficulties. Therefore, it is crucial to look at it through the prism of public interest. The term public interest has a relative meaning, because it depends on the constantly changing social conditions. This variability is, among others, a result of the territorial context. The national interest and the territorial interest will be defined in different ways. It seems, therefore, that in order to explicate the notion territorial autonomy, one should refer to the concept of public interest and then take into account the relationship between the interest of a territory and the interest of the whole state. This will make it possible to outline territorial autonomy through the prism of its determinant – the public interest.

The State of the Law on Euthanasia in Kenya

2020 ◽  
Vol 8 (1) ◽  
pp. 1-14
Author(s):  
Moni Wekesa ◽  
Martin Awori
Keyword(s):  
Empirical Studies ◽  
Case Law ◽  
The State ◽  
Right To Die ◽  
Criminal Offence ◽  
Dual Effect ◽  
Current State ◽  
The Law ◽  
State Of Affairs ◽  
The Right

The general position of the law on euthanasia worldwide is that all states recognise their duty to preserve life. Courts in various jurisdictions have refused to interpret the 'right to life' or the 'right to dignity' to also include the 'right to die'. Instead, they have held that the state has a duty to protect life. Three categories can however be noted. At one extreme are those countries that have totally criminalised any appearance of euthanasia. In the middle are countries that prohibit what appears to be active euthanasia while at the same time tolerating 'dual-effect' treatment and withdrawal of artificial feeding. At the other extreme are countries that allow euthanasia. Even in this last category of countries, there are stringent guidelines embedded in the law to prevent a situation of 'free for all'. Anecdotal evidence, some empirical studies and case law seem to suggest that euthanasia goes on in many countries irrespective of the law. Euthanasia is a criminal offence in Kenya. However, there have been no empirical studies to ascertain whether euthanasia goes on in spite of the law. This article surveys the current state of the practice of euthanasia globally and narrows down to elaborate on the state of affairs in Kenya.

Russian Society and the Three Decades of National Parliamentarism

2018 ◽  
Vol 42 ◽  
pp. 38-49
Author(s):  
Alexey V. Makarkin
Keyword(s):  
Public Opinion ◽  
Family Health ◽  
The State ◽  
The Political ◽  
Russian Society ◽  
Social Phenomenon ◽  
Russian People ◽  
The Law ◽  
State Of Affairs ◽  
Vladimir Putin

The Russian Parliament is often considered to be an unpopular authority, though on closer examination it becomes evident that the situation is more complicated than it could seem at first glance. The popularity of State Duma during the presidency of Vladimir Putin is really inferior to the popularity of the President, still the attitude to the State Duma as the instrument of power depends greatly on the actual political state of affairs and the state of public opinion, and has changed in different times. At the same time the reaction of the society to the lawmaking process may be of more fundamental character. The conservative style of behavior of the Russian people in recent years has substantially changed their attitude to the law, and can be viewed as an important new factor of public opinion. We could speak about such social phenomenon as “new conservatism” that is more related to the style of life than to the political choice, when this style is targeted to the “normality” demonstrated in the concern for the personal and family health and welfare, and respect for the law, even if the law is not perfect, as the necessary tool for the defense of the citizen’s interests. Such conservatism favors the growth of the “Yedinaya Rossia” (“United Russia”) party rating, but doesn’t exclude the possibility of those conservatives voting for non-conservative parties, depending on the sympathies and current political challenges.

The lives of subjects

2011 ◽  
Author(s):  
Annabel S. Brett
Keyword(s):  
Common Good ◽  
Body Politic ◽  
The State ◽  
The Body ◽  
Ontological Status ◽  
The Common ◽  
The Law ◽  
The Individual ◽  
Relationship Of ◽  
The Relationship

This chapter discusses the relationship of the state to its subjects as necessarily physically embodied beings. The primary way in which the commonwealth commands its subjects is through the medium of its law. The law is for the common good and obliges the community as a whole, and thus the ontological status of the law—as distinct from any particular command of a superior to an individual—is intimately tied to that of the body politic. The question, then, concerning the relationship of the state to the natural body of the individual can be framed in terms of the extent of the obligation of the civil law.

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