scholarly journals Citoyenneté, universalisme et cosmopolitisme stoïciens: le cas romain = Citizenship, Universalism and Stoic Cosmopolitanism: The Roman Case

2019 ◽  
pp. 19
Author(s):  
Antonio Gonzales
Keyword(s):  
Civil Rights ◽  
Legal Status ◽  
Individual Citizen ◽  
The Republic ◽  
The Individual ◽  
Civic Group

Résumé: La question de la citoyenneté a très vite dépassé dans le cadre de l’empire territorial romain le problème du simple statut juri­dique pour poser la question de l’articula­tion philosophique et politique d’une ci­toyenneté en quelque sorte déterritorialisée puisqu’être citoyen romain ne signifie plus forcément habiter Rome ou venir exercer ses droits civiques à Rome.L’extension territoriale et l’intégra­tion plus ou moins rapide des opulations a suscité une réflexion sur le rapport entre l’individu citoyen et le groupe civique dé­sormais dispersé à l’échelle de l’empire. S’il existe des citoyens romains sur l’ensemble territorial de l’empire, la citoyenneté est-elle simplement une citoyenneté romaine qui se répand dans l’espace impérial en conser­vant la centralité romaine ou, au contraire, est-elle en train d’acquérir une spécificité telle qu’elle peut être comprise comme une citoyenneté supra-civique qui acquiert un caractère universel tout en gardant ces spé­cificités initiales ou alors devient-elle une citoyenneté qui se substitue à l’idée même du civique ? Les débats sur ces mutations potentielles ont agité les juristes, les philo­sophes et les hommes politiques entre Ré­publique et Empire.Abstract: The question of citizenship very quickly went beyond the problem of simple legal status within the Roman territorial empire to raise the question of the philosophical and political articulation of a somewhat deterritorialized citizenship, since being a Roman citizen no longer necessarily means living in Rome or coming to exer­cise your civil rights in Rome.The territorial extension and the more or less rapid integration of populations has prompted reflection on the relation­ship between the individual citizen and the civic group now dispersed through­out the empire. If there are Roman citi­zens throughout the empire, is citizenship simply a Roman citizenship that spreads throughout the imperial space while pre­serving Roman centrality or, on the con­trary, is it acquiring such a specificity that it can be understood as a supra-civic citi­zenship that acquires a universal character while retaining its initial specificities or does it become a citizenship that replac­es the very idea of the civic? The debates on these potential changes have stirred up lawyers, philosophers and politicians be­tween the Republic and the Empire.Mots clé: Citoyenneté, Rome, Universalisme, Cosmopolitisme, Stoïcisme.Key words: Citizenship, Rome, Universalism, Cos­mopolitanism, Stoicism.

scholarly journals Unrestricted (absolute) rights and freedoms of man and citizen in the Constitution of the Russian Federation of 1993 and international acts

2019 ◽  
Vol 2019 (4) ◽  
pp. 69-75
Author(s):  
Aleksandr Podmarev
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
Legal Status ◽  
Religious Affiliation ◽  
International Standards ◽  
Constitutional Court ◽  
Federal Law ◽  
The Russian Federation ◽  
The Individual

The 1993 Constitution of the Russian Federation as one of the principles of the legal status of an individual establishes the possibility of restricting human and civil rights and freedoms, while also providing for the necessary conditions for imposing such restrictions (the existence of a constitutional goal of restriction; setting restrictions only by federal law; proportionality; compliance with international standards of restrictions; prohibition restrictions on rights based on social, racial, national, linguistic or religious affiliation). The need for the existence of restrictions on the rights and freedoms of the individual is due to various reasons: the protection of the foundations of the constitutional order, the rights and freedoms of other persons, and the interests of the state. However, certain human rights and freedoms cannot be restricted under any circumstances; this so-called absolute rights and freedoms. But neither national legislation nor international law contain a precisely defined list of absolute rights and freedoms. The aim of the article is to identify in the Constitution of the Russian Federation of 1993 and in international acts unrestricted (absolute) rights and freedoms of a person and citizen. The relevance of the research topic for the Russian constitutional legal science is due to the fact that certainty in the understanding of the list of unrestricted rights and freedoms is necessary for the improvement of lawmaking and law enforcement activities. The article examines the provisions of the Constitution of Russia, the main international legal acts on human rights, the legal positions of the Constitutional Court of the Russian Federation.

scholarly journals ‘CIVES PESSIMO IURE’. AKTORZY A UPRAWNIENIA RZYMSKICH OBYWATELI W PRAWIE PUBLICZNYM REPUBLIKI I WCZESNEGO PRYNCYPATU

2016 ◽  
Vol 14 (3) ◽  
pp. 167
Author(s):  
Elżbieta Loska
Keyword(s):  
Civil Rights ◽  
Military Service ◽  
Legal Status ◽  
Public Law ◽  
The Public ◽  
The People ◽  
Public Rights ◽  
Right To Vote ◽  
The Republic ◽  
The Right

CIVES PESSIMO IURE: ACTORS AND THE RIGHTS OF ROMAN CITIZENS IN THE PUBLIC LAW OF THE REPUBLIC AND EARLY PRINCIPATESummaryRoman public law recognised the following citizens’ rights: the right to serve in the legions, ius suffragii (the right to vote at assemblies of the people), ius honorum (the right to hold office), ius provocationis (the right to appeal to the People’s Assembly against a magistrate’s decision), ius auxilii (the right to obtain assistance from the tribune of the plebs). Sometimes a restriction of a citizen’s civil rights was due to his profession, and the actor’s profession was such a case. The legal status of actors was the resultant of many factors. They performed in public, were paid for their services, and they had a bad reputation. Even actors who were Roman citizens were not entitled to all the public rights. Citizens’ rights were interlinked, hence the lack of one of them could entail further restrictions. A ban on the right to military service prevented actors from voting in the comitia centuriata; and their exclusion from the most important tribus deprived them of the vote in the comitia tributa. Hence there was a restriction on the availability of the ius provocationis to actors; and they could neither vote nor hold office. Thespians could thus be regarded as cives pessimo iure – second-class citizens.

scholarly journals RIGHTS, FREEDOMS AND DUTIES OF A MAN AND A CITIZEN AS THE CONTENT OF CONSTITUTIONAL AND LEGAL STATUS

2020 ◽  
Vol 1 (3) ◽  
pp. 34-42
Author(s):  
O. O. Boyarsky ◽  
B. Ya. Kofman
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Legal Status ◽  
The State ◽  
Human Freedom ◽  
Constitutional Rights ◽  
Minimum Requirements ◽  
Common Criterion ◽  
The Individual ◽  
Political Economic

The article is devoted to the consideration of human and civil rights, freedoms and responsibilities as the content of its constitutional and legal status. First, the author briefly analyzes the concept of constitutional and legal status of the person, outlining some problems of its understanding. The categories of constitutional rights, freedoms and duties of man and citizen are further studied, as well as their relationship between them. It is noted that the most common criterion for the separation of constitutional rights and freedoms of man and citizen is the sphere of society. In this regard, the constitutionally enshrined rights and freedoms of man and citizen are divided into civil (personal), political, economic, social, cultural. The importance of the transition from the declarative fixation of the rights, freedoms and responsibilities of a person in the Constitution of Ukraine to their implementation is noted. It is determined that human rights and freedoms as elements of the constitutional and legal status have common bases of consolidation, guarantee, protection and defense, but differ in implementation (rights require certain mechanisms or means, and freedoms do not need). At the same time, human freedom is a fundamental category in relation to human rights. In turn, the duty of man and citizen is a measure of the necessary behavior of the person, the minimum requirements imposed by the state on the person. Due to its nature, a person's duty is more positive and therefore requires clear regulation in law. The importance of duty as an element of the constitutional and legal status of a person and a citizen lies in the implementation of its preventive function, due to which the interests of the individual, society and the state should not be harmed.

scholarly journals CONSTITUTIONAL AND LEGAL DEVELOPMENT OF THE REPUBLIC OF THE PHILIPPINES AND PECULIARITGIES OF THE 1987 CONSTITUTION

2013 ◽  
pp. 275-281
Author(s):  
A. N. Pankov
Keyword(s):  
East Asia ◽  
Role Model ◽  
Legal Status ◽  
The Philippines ◽  
South East Asia ◽  
Western Model ◽  
Western Democracy ◽  
The Republic ◽  
The Individual ◽  
The U.S

The article analyzes the stages of constitutional development of the Philippines, the principles and characteristics of the various constitutional acts adopted in the American colonial period and after the country's legal independence. Particular attention is paid to the principles and the specific characteristics of the current constitution of 1987, as well as the constitution of 1935, which was the first basic law, which laid the foundations of western constitutional model and the basic principles characteristic of the constitutions of democratic countries, including progressive for that time legal status of the individual, based on the "Bill of Rights" and directly borrowed from the American constitutional system. The question of the national state of one of the countries in South-East Asia is also analyzed which is of considerable scientific interest in terms of the perception of the Western model of democracy and attempts at planting on alien for these models of socio-economic and political framework. The author mentions how, after the provision of legal independence from the U.S. in 1946, the Philippines went the way of the serious distortion of the principles of "Western democracy". There was a wide gap between the formal democratic constitutional institutions of the Western model and the actual breaking of on the basis of eastern states with traditionally immature social structure, backward productive forces. The author shows that the U.S. attempts to impose its former colony model of American state and legal institutions that would facilitate the establishment of the South- East Asia "window of Western democracy", and could serve as a role model for the layout of other countries, not only in South-East Asia but also in Africa and Latin America, suffered a fiasco.

scholarly journals Prosocial legal thought in the age of revolution and civil war in Russia (1917—1918)

Lex Russica ◽  
2019 ◽  
pp. 159-171
Author(s):  
D. R. Zaynutdinov
Keyword(s):  
Civil War ◽  
Civil Rights ◽  
Legal Status ◽  
Social Democracy ◽  
Third Way ◽  
The Third ◽  
Legal Thought ◽  
The Individual ◽  
Legal Concepts ◽  
The Right

The paper deals with the formation and development of right-socialist legal thought during the revolutionary period of 1917 and the Civil war of 1918. During the analysis, special attention is given to the legal views and ideas of the largest theorists of the right-socialist school, such as G.V. Plekhanov, V.M. Chernov, P.B. Akselrod, M.V. Vishnyak. The paper is divided into four interrelated parts. The first part reveals the fact of the lack prosocial groups of projects of legal development of the Russian state to establish a social democratic regime that caused their appeal to the legal concepts of the cadets. Also the reasons of registration by right-socialist groups of the concept of “the third way” and its realization in anti-Bolshevist statehood of the period of 1918 are revealed. In the second part of the work the understanding of the essence of law in socialism is studied, the comparison of the ideological approach to “law” on the part of the lawyers of the left-socialist and right-socialist camp is made. Special attention is given to the place of law in the teachings of socialism and the relationship of law with the economy. In the third part of the work the image of A.I. Gukovskiy as a jurist of the right socialist camp is investigated. His characteristic given to him by the right Socialists Revolutionarists (SRs) is generalized. The image of A.I. Gukovskiy reveals common features inherent in all legal scholars of the right socialist camp. The fourth part of the paper draws attention to the idea of human and civil rights and freedoms in the teachings of social democracy. For the jurists of social democracy, the development of the idea of human and civil rights and freedoms is nothing more than the materialization of the spirit of the revolution, and therefore the problems of the legal status of the individual in the works of right socialist thinkers received a special place. In conclusion, the author draws conclusions about the contribution of Russian lawyers of the right socialist group to the world fund of legal science.

scholarly journals Religious Freedoms In Republic Of Macedonia

SEEU Review ◽  
2015 ◽  
Vol 11 (1) ◽  
pp. 159-165
Author(s):  
Albana Metaj-Stojanova
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
International Standards ◽  
European Convention ◽  
Political Rights ◽  
Religious Groups ◽  
Human Right ◽  
Republic Of Macedonia ◽  
The Republic ◽  
The Individual

Abstract With the independence of Republic of Macedonia and the adoption of the Constitution of Macedonia, the country went through a substantial socio-political transition. The concept of human rights and freedoms, such as religious freedoms in the Macedonian Constitution is based on liberal democratic values. The Macedonian Constitution connects the fundamental human rights and freedoms with the concept of the individual and citizen, but also with the collective rights of ethnic minorities, respecting the international standards and responsibilities taken under numerous international human rights conventions and treaties, of which the country is a party. Republic of Macedonia has ratified all the so called “core human right treaties” and now the real challenge lies in the implementation of the international standards. Some of these international conventions and treaties of the United Nations and of the Council of Europe are inherited by succession from the former Yugoslavian federation. Religious freedoms are guaranteed by the Universal Declaration of human rights (1948), the International Covenant on Civil and Political Rights (1966), the European Convention on Human Rights (1953), the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief (1981) (all documents ratified by the Republic of Macedonia). According to the Constitution of the Republic of Macedonia “The freedom of religious confession is guaranteed. The right to express one's faith freely and publicly, individually or with others, is guaranteed„. After the conflict of 2001 the Ohrid Framework Agreement secured group rights for ethnicities that are not in majority in the Republic of Macedonia. The present Law on the legal status of the church, religious communities and religious groups of 2007, repealed the Law on religion and religious groups of 1997.

scholarly journals Constitutional Legal Framework for the Participation of Citizens of the Republic of Uzbekistan in Managing the Affairs of Society and States

2022 ◽  
Vol 8 (1) ◽  
pp. 186-190
Author(s):  
G. Berdimuratova
Keyword(s):  
Civil Rights ◽  
Legal Framework ◽  
Democratic Society ◽  
The Republic ◽  
The Individual ◽  
The Right

The article examines the right of citizens to participate in the management of state affairs, its constitutional features. Special attention is paid to its role and place in the system of constitutional human and civil rights and freedoms. It is concluded that the participation of citizens in the management of state affairs is one of the guarantors of ensuring the rights and freedoms of the individual and the most important institution of a democratic society.

scholarly journals THE LEGAL PROBLEMS OF ESTABLISHING THE ADDITIONAL GUARANTEES OF REALIZATION OF CONSTITUTIONAL HUMAN AND CIVIL RIGHTS AND FREEDOMS BY THE CONSTITUENT ENTITIES OF THE RUSSIAN FEDERATION

2018 ◽  
Vol 1 (4) ◽  
pp. 87-95
Author(s):  
Alexander Chuklin
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Theoretical Analysis ◽  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
Practical Significance ◽  
Federal Law ◽  
The Russian Federation ◽  
The Individual

The subject. The article focuses on the need to improve legislative and law enforcement activities related to the consolidation of constituent entities of the Russian Federation additional guarantees of realization of constitutional human and civil rights and freedoms.The purpose of the article is to identify main ways of improvement the legal regulation additional guarantees of realization of constitutional human and civil rights and freedoms by the constituent entities of the Russian Federation.The methodology. The author uses a dialectical method, a method of analysis and synthesis, a formal legal method.The results and scope of application. The lack of unity in understanding the essence of additional guarantees of realization of rights and freedoms requires not only theoretical analysis of this legal category, but a consistent system of the legislation, and corresponding to the system of law enforcement practice. The legal establishment of the additional guarantees of realization of constitutional human and civil rights and freedoms, due solely to the will of the legislator of a constituent entitiy of the Russian Federation aimed at the concretization of constitutional rights and freedoms as well as of the security mechanisms (legal conditions, means) of the implementation of these rights. Features of development of the corresponding constituent entitiy of the Russian Federation should be taken into account.One of the main directions of improvement of legal regulation in this field is legislative recognition of additional guarantees of realization of constitutional human and civil rights and freedoms established by the constituent entities of the Russian Federation. This concept should be reflected in the Federal law of October 6, 1999 No. 184-FZ "On General principles of organization of legislative (representative) and executive bodies of state power of constituent entities of the Russian Federation", as well as in the constitutions (charters) of constituent entities of the Russian Federation. The consolidation of this concept in the legislation will be the impetus to the theoretical analysis of this legal category, and will ultimately contribute to the improvement of the legal status of the individual.Conclusions. Improvement of regional legal policy in the sphere of establishment additional guarantees of realization of constitutional human and civil rights and freedoms by subjects of the Russian Federation has great practical significance and contributes to the theoretical knowledge of the specified legal category.

A Moment to Come Together: Personal Reflections on Trayvon Martin

2013 ◽  
Vol 5 (1) ◽  
pp. 131-137
Author(s):  
Roxanne Christensen ◽  
LaSonia Barlow ◽  
Demetrius E. Ford
Keyword(s):  
Civil Rights ◽  
Doctoral Students ◽  
Professional Psychology ◽  
Direct Effects ◽  
The Social ◽  
To Come ◽  
Professional Responses ◽  
The Individual ◽  
Personal Reflections ◽  
Unique Individual

Three personal reflections provided by doctoral students of the Michigan School of Professional Psychology (Farmington Hills, Michigan) address identification of individual perspectives on the tragic events surrounding Trayvon Martin’s death. The historical ramifications of a culture-in-context and the way civil rights, racism, and community traumatization play a role in the social construction of criminals are explored. A justice orientation is applied to both the community and the individual via internal reflection about the unique individual and collective roles social justice plays in the outcome of these events. Finally, the personal and professional responses of a practitioner who is also a mother of minority young men brings to light the need to educate against stereotypes, assist a community to heal, and simultaneously manage the direct effects of such events on youth in society. In all three essays, common themes of community and growth are addressed from varying viewpoints. As worlds collided, a historical division has given rise to a present unity geared toward breaking the cycle of violence and trauma. The authors plead that if there is no other service in the name of this tragedy, let it at least contribute to the actualization of a society toward growth and healing.

“Utopia First!” A Machiavellian Conception of Solidarity in More's Utopia

Moreana ◽  
2018 ◽  
Vol 55 (Number 209) (1) ◽  
pp. 79-93
Author(s):  
Marie-Claire Phélippeau
Keyword(s):  
At Risk ◽  
Human Beings ◽  
Farm Work ◽  
The World ◽  
Social Difficulties ◽  
The Republic ◽  
The Individual ◽  
Democratic Elections ◽  
Communal Organization

This paper shows how solidarity is one of the founding principles in Thomas More's Utopia (1516). In the fictional republic of Utopia described in Book II, solidarity has a political and a moral function. The principle is at the center of the communal organization of Utopian society, exemplified in a number of practices such as the sharing of farm work, the management of surplus crops, or the democratic elections of the governor and the priests. Not only does solidarity benefit the individual Utopian, but it is a prerequisite to ensure the prosperity of the island of Utopia and its moral preeminence over its neighboring countries. However, a limit to this principle is drawn when the republic of Utopia faces specific social difficulties, and also deals with the rest of the world. In order for the principle of solidarity to function perfectly, it is necessary to apply it exclusively within the island or the republic would be at risk. War is not out of the question then, and compassion does not apply to all human beings. This conception of solidarity, summed up as “Utopia first!,” could be dubbed a Machiavellian strategy, devised to ensure the durability of the republic. We will show how some of the recommendations of Realpolitik made by Machiavelli in The Prince (1532) correspond to the Utopian policy enforced to protect their commonwealth.

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