scholarly journals Koncepcja polityczności Chantal Mouffe a poststrukturalizm w filozofii interpretacji prawniczej

2021 ◽  
Vol 43 (2) ◽  
pp. 273-279
Author(s):  
Jakub Łakomy

The present article deals with the political nature of the interpretation theory, using poststructuralism as a source of reflection. The analysis is conducted by using poststructuralist epistemology and poststructuralist political theory. The thesis of this article, which is metatheoretical in nature, is that the poststructuralist concepts of legal interpretation can be used only after simultaneously adopting the assumptions of the political philosophy which originated in poststructuralism. Chantal Mouffe’s concept of the political is very much tied to considerations about agonistic democracy and agonistic pluralism, which gives us original answers to the questions of how society, the political system, and the legal system can help us prevent the emergence and flourishing of authoritarianism. The first part of the text presents the poststructuralist definition of the political and politics as well as shows its importance for the analysis of the contemporary legal interpretation concepts. In the next part, the author discusses the topic of poststructuralism in jurisprudence and its most important features for a change in the discourse of philosophy of interpretation. The third part of the article examines poststructuralist anti-essentialism using the example of one from among the most famous neopragmatist and poststructuralist philosophers — Stanley Fish. In the fourth and last part of the considerations, the thesis about the necessity of joint use of poststructuralist epistemology and political theory for research on legal interpretation is verified and metatheoretical conclusions are drawn from it.

Author(s):  
Ross McKibbin

This book is an examination of Britain as a democratic society; what it means to describe it as such; and how we can attempt such an examination. The book does this via a number of ‘case-studies’ which approach the subject in different ways: J.M. Keynes and his analysis of British social structures; the political career of Harold Nicolson and his understanding of democratic politics; the novels of A.J. Cronin, especially The Citadel, and what they tell us about the definition of democracy in the interwar years. The book also investigates the evolution of the British party political system until the present day and attempts to suggest why it has become so apparently unstable. There are also two chapters on sport as representative of the British social system as a whole as well as the ways in which the British influenced the sporting systems of other countries. The book has a marked comparative theme, including one chapter which compares British and Australian political cultures and which shows British democracy in a somewhat different light from the one usually shone on it. The concluding chapter brings together the overall argument.


1916 ◽  
Vol 10 (3) ◽  
pp. 437-464 ◽  
Author(s):  
Harold J. Laski

“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?


1995 ◽  
Vol 16 (1) ◽  
pp. 167-199
Author(s):  
Mark Hulliung

For three decades Judith Shklar (1928-1992) was one of the dominant figures in the world of political theory. Not many minds can feel their way into romanticism and then coolly turn round to examine legal philosophy, its very opposite, but she did so with exceptional success. After diagnosing the decline of political philosophy, she surprised many onlookers by making herself a major force behind its revitalization. Writing on Montaigne, Montesquieu, Rousseau, and Hegel, she both offered striking historical interpretations of their meaning and demonstrated how their outlooks could be lifted from their original contexts and pressed into service by the living.


Res Publica ◽  
2004 ◽  
Vol 46 (1) ◽  
pp. 33-55
Author(s):  
Marleen Baetens ◽  
Marc Hooghe

Despite the fact that various authors have expressed concern about a general decline of civic engagement in Western societies, other indicators portray a transition from traditional and formal participation formats to more informal participation forms. This replacement thesis, however, entails the question whether these new forms can still be regarded as a form of political participation. The Alternative Food Circles in Belgium can be considered as a typical grass-roots example of 'political consumerism', which is portrayed as a contemporary alternative for institutionalised politics. In a member survey, 163 members of the Circles were questioned about their motives to participate. They clearly paid little attention to influencing the political system, but notions of solidarity and social change were clearl y present. This form of political consumerism therefore cannot be considered a full form of political participation (using an institutionalist definition of 'politics'), but it clearly is a form of 'life style politics' (Giddens).


2019 ◽  
pp. 89-121
Author(s):  
Joan Wallach Scott

This chapter considers the contradictions of women's emancipation in light of the American (1776) and the French (1789) revolutions. It shows how the resistance to women's citizenship had less to do with the necessarily slow but inevitable progress of liberal democratic ideas than it did with a contradiction at the very heart of the political thinking that articulated them—a political thinking integral to the discourse of secularism. Liberal political theory postulated the sameness of all individuals as the key to their formal equality—abstracted from their circumstances there was no discernable difference among them, they stood as equals before the law. At the same time there were differences that were thought to refuse abstraction. These were people in a state of dependency, such as propertyless peasants, wage laborers, women, children, slaves. Therefore, they could not be counted as autonomous individuals—autonomy, after all, was at the heart of the very definition of individuality.


Author(s):  
Simon J. G. Burton

Samuel Rutherford’s Lex Rex remains a source of perennial fascination for historians of political thought. Written in 1644 in the heat of the Civil Wars it constitutes an intellectual and theological justification of the entire Covenanting movement and a landmark in the development of Protestant political theory. Rutherford’s argument in the Lex Rex was deeply indebted to scholastic and Conciliarist sources, and this chapter examines the way he deployed these, especially the political philosophy of John Mair and Jacques Almain, in order to construct a covenantal model of kingship undergirded by an interwoven framework of individual and communal rights. In doing so it shows the ongoing influence of the Conciliarist tradition on Scottish political discourse and also highlights unexpected connections between Rutherford’s Covenanting and his Augustinian and Scotistic theology of grace and freedom.


2019 ◽  
pp. 145-166
Author(s):  
S. Elizabeth Penry

In 1774, a mob of commoner Andeans in one town in the viceroyalty of Peru attacked and killed their cacique, claiming that no person could be held responsible because the común, the community of commoners, had done it. The political theory was simple: if the cacique is good, he should be obeyed, but if he is a tyrant, if he does not serve justice, the people of the community have a right to overthrow him. A synthesis of pre-Columbian practices, religious teachings, and Spanish political philosophy, it was taught by officers in the cabildo and cofradías of the town. Also known as the rey común, Andeans defined it as “the ayllus together.” In testimony and written petitions, comuneros defended their right to overthrow their cacique, while professing loyalty to the Crown by paying tribute and serving mita. This idea of commoner self-government spread to other indigenous towns.


1995 ◽  
Vol 43 (4) ◽  
pp. 683-697 ◽  
Author(s):  
Jon Simons

A sense of distance or exile is a recurrent theme of the literature in which the state of the political theory is either lamented or acclaimed. A review of these tales suggests that implicit definitions of the homeland of the sub-discipline as philosophical, practical or interpretive are inadequate, leading to mistaken diagnoses of the reasons for the ills or recovery of political philosophy. This paper argues that political theory has been exiled from its previous role or homeland of legitimation of political orders. Under contemporary conditions in the advanced liberal capitalist political order, in which a media-generated imagology of society as a communicative system fills the role of a legitimating discourse, political theory faces a legitimation crisis.


1974 ◽  
Vol 12 (4) ◽  
pp. 543-568 ◽  
Author(s):  
John P. Entelis

Tunisia A has long been regarded as a model of political development and stability in the Third World. There is no doubt that the charismatic Habib Bourguiba, the aging (71) yet indefatigable leader of an effective nation-wide party apparatus, has helped ensure Tunisia's development from the period of the pre-independence struggle until today. It is not unnatural, therefore, given the critical role of Bourguiba in the operation of the political system, to question the degree of institutionalisation, stability, modernity, and democracy that Tunisia could retain after the passing of its dynamic leader.


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