scholarly journals WINCENTY SKRZETUSKI O POTRZEBIE ORAZ ZMIANACH W PRAWIE I USTROJU DOBY STANISŁAWOWSKIEJ

2016 ◽  
Vol 11 (4) ◽  
pp. 385
Author(s):  
Wojciech Organiściak
Keyword(s):  
Legal System ◽  
Political System ◽  
The Political ◽  
First Republic ◽  
Weak Points ◽  
Liberum Veto ◽  
The Times

WINCENTY SKRZETUSKI ABOUT NECESSITY ALSO FOR A CHANGE OF LEGAL SYSTEM AND POLITICAL SYSTEM OF THE TIMES STANISŁAW AUGUST REIGN (1764-1795)Summary Wincenty Skrzetuski, in his work The Political Law of the Polish Nation, when discussing the issue of the functioning of the political system of he gentry Republic, presented a liberum veto, a short draft which he considered one of the most disastrous mechanisms of the abuse of citizen-ship freedom for Poland. Polish piarist made interesting historical digressions which showed some of the weak points of the solutions functioning in the parliamentary practice of the First Republic of Poland. Wincenty Skrzetuski, discussing a procedure of parliamentary sessions, ammended in the period of Stanisław August, did not always clearly emphasise the solutions aiming at simplification and acceleration of the course of the parliamentary sessions. It needs to be emphasized that describing the problem of parliamentary clearances, he referred to disastrous parliamentary practices and was in line with some drafters of the reforms in the gentry Republic of Poland who demanded radical changes in the clearance procedure or even its total abolishment. The opinions and viewpoints presented by Skrzetuski allow for ascribing him to the group of the continuators of the work by Stanisław Konarski. Wincenty Skrzetuski’s attitudes to law and critical of the legal system of his times, he postulated abolition of severe penalties in favour of creating conditions ascertaining that a punishment is truly carried out. This Piarist scholar followed the Renaissance views that laws should be written in a concise, clear and comprehensive language, and be free from any contradictions. Skrzetuski in your “Speeches on the main political matters” postulated an urgent and unconditional abolition of torture. Many of his arguments related almost directly to Cesare Beccaria’s “On crimes and punishments” or derived from the thoughts of eminent thinkers like Montesquieu and Rousseau.

Making Americans Feel Great Again? Personal Significance Predicts Political Intentions of Losers and Winners of the 2016 US Election

2017 ◽  
Author(s):  
Katarzyna Jasko ◽  
Joanna Grzymala-Moszczynska ◽  
Marta Maj ◽  
Marta Szastok ◽  
Arie W. Kruglanski
Keyword(s):  
Political System ◽  
Presidential Elections ◽  
The Political ◽  
Power Transition ◽  
Hillary Clinton ◽  
Donald Trump ◽  
Electoral Success ◽  
Personal Significance ◽  
Before And After ◽  
The Times

Reactions of losers and winners of political elections have important consequences for the political system during the times of power transition. In four studies conducted immediately before and after the 2016 US presidential elections we investigated how personal significance induced by success or failure of one’s candidate is related to hostile vs. benevolent intentions toward political adversaries. We found that the less significant supporters of Hillary Clinton and supporters of Donald Trump felt after an imagined (Study 1A) or actual (Study 2) electoral failure the more they were willing to engage in peaceful actions against the elected president and the less they were willing to accept the results of the elections. However, while significance gain due to an imagined or actual electoral success was related to more benevolent intentions among Clinton supporters (Study 1B), it was related to more hostile intentions among Trump supporters (Studies 1B, 2, and 3).

Civil disobedience and constituent power

2015 ◽  
Vol 11 (4) ◽  
pp. 462-480
Author(s):  
Richard Nobles ◽  
David Schiff
Keyword(s):  
Legal System ◽  
Political System ◽  
Civil Disobedience ◽  
The Political ◽  
Constituent Power ◽  
Structural Coupling ◽  
Current Configuration ◽  
Law And Politics ◽  
Discretionary Powers ◽  
Legal Right

AbstractThis paper uses the example of civil disobedience to explore Luhmann's description of the constitution as structural coupling between law and politics. Civil disobedience highlights the paradox of constituent and constituted power. The claims made for constituent power provide a basis for challenging the current configuration and expression of constituted power. This paradox is first avoided in the legal system through that system's inability to recognise a legal right to disobey law. In turn, a political system that has, under conditions of modernity, increasingly second coded power as legality, has an ever decreasing capacity to include communications that acknowledge a right to disobey law. Civil disobedience is only able to operate within the political system in the form of protest, and is accommodated through the exercise of discretionary powers. However, juridification of those powers has the capacity to threaten this accommodation.

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

2021 ◽  
Vol 43 (2) ◽  
pp. 273-279
Author(s):  
Jakub Łakomy
Keyword(s):  
Political Philosophy ◽  
Political Theory ◽  
Legal System ◽  
Political System ◽  
The Political ◽  
Legal Interpretation ◽  
The Third ◽  
Stanley Fish ◽  
Agonistic Democracy ◽  
Definition Of

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.

scholarly journals Obraz první Československé republiky při projednávání Ústavy ČR

2016 ◽  
Vol 18 (2-3) ◽  
pp. 197-222
Author(s):  
Klára Marková
Keyword(s):  
Political System ◽  
Political Discourse ◽  
The Political ◽  
Power Relationships ◽  
Vaclav Havel ◽  
Parliamentary Debates ◽  
First Republic ◽  
Actual Content ◽  
Research Questions

This paper focuses on the image of the political system of the first Czechoslovak Republic in the political discourse connected with the preparation of the Czech Constitution in 1992. It works mainly with records of parliamentary debates between July and December 1992 and considers three types of actors: members of committees working on the constitution, constitutional lawyers and political figures with a significant informal influence, such as Václav Havel. The author asks three interrelated research questions: How was the first Czechoslovak Republic portrayed in the debates on the Czech Constitution? In what context of the discussions and argumentations did the First republic reappear? And what role did the image of the Czechoslovak Republic play in the debates? As I argue, the system of the first Czechoslovak Republic was presented almost always positively, framed by concepts of tradition, democracy, sovereignty, and stability. Conversely, the Senate was portrayed more negatively, as a symbol of inefficiency, futility and expensiveness. The political system of the First Republic and the Constitution of 1920 represented an issue that could not be ignored and had to emerge through discourse. Some speakers did not always portray it properly and rarely spoke about the problematic aspects of the functioning of the political system of the First Republic. However, it was always alluded to as a symbol whose meaning was often more important than its actual content, as it could confirm the legitimacy of power relationships and express identification with a given political line. The fact that the actors chose only certain images of the First Republic, mostly the positive ones, illustrates that they sought to use the power of the symbol of the First Republic.

Das politische System der Türkei unter dem Einfluss der AKP

2021 ◽  
Author(s):  
Hans Hermann Linscheid
Keyword(s):  
Political Culture ◽  
Legal System ◽  
Political System ◽  
Social Groups ◽  
The Political ◽  
Social Conflicts ◽  
System Transformation ◽  
Strong Polarization ◽  
The Republic ◽  
Republic Of Turkey

Turkey has changed significantly since the AKP came to power in 2002. These changes affect the political system, political culture, the legal system, but also people's everyday lives. With this system transformation, a strong polarization of society can be observed. The question arises whether a more consensus-oriented, pluralistic system or a more authoritarian “majority democracy” has been created in the Republic of Turkey. When examining these questions, the author deals in particular with the parties, social groups, political culture and the causes, backgrounds and possible solutions to political and social conflicts.

scholarly journals Editorial: political abuse of psychiatry in authoritarian systems

2013 ◽  
Vol 30 (2) ◽  
pp. 97-102
Author(s):  
J. P. Tobin
Keyword(s):  
Mental Health ◽  
Mental Health Professionals ◽  
Legal System ◽  
Health Professionals ◽  
Political System ◽  
Legal Rights ◽  
The Political ◽  
Diagnostic Categories ◽  
The Past ◽  
The Individual

We are painfully aware: Psychiatry in some states of the international community is often used to subvert the political and legal guarantees of the freedom of the individual and to violate seriously his human and legal rights (Daes,1986).ObjectiveIt can be politically convenient to incarcerate political opponents in a psychiatric hospital. It saves any potential political embarrassment that a judicial trial may present. It also undermines the credibility of opponents by labelling them with the stigma of being mentally insane. For this to occur, there has to be the acquiescence of mental health professionals and a subservient legal system.MethodThis article examines the abuse of psychiatry in two authoritarian systems, Russia and China.ResultNew diagnostic categories such as sluggish schizophrenia were created to facilitate the silencing of dissenters and were a source of self-deception for psychiatrist to placate their consciences as they operated as a tool of oppression on behalf of a political system.ConclusionIf we do not know the past, we will be condemned to repeat it.

scholarly journals The Role of Ardalan’s Dynasty in Iran’s Political Structure

2013 ◽  
Vol 18 ◽  
pp. 76-83
Author(s):  
Mohammad Ghorban Kiani
Keyword(s):  
Political System ◽  
The Political ◽  
Historical Period ◽  
Political Elites ◽  
Kurdistan Region ◽  
Political Structure ◽  
Political Situation ◽  
Political Status ◽  
The Times

This paper aims at studying the role of Ardalan’s dynasty in the political system of Iran. Going through a brief overview of the political situation of Kurdistan during Ardalan supremacy, this study is primary focused on describing Ardalan’s situation in political structure of Iran. Similar with governors in other parts of Iran, Ardalan authorities were considered as the political elites of Iran and possessed a special and unique political status among the states of Iran from Safavid to Qajar periods. Also, they were always, or at least most of the times, were among the topmost states of Iran attained the high authority and power. Ardalans had always benefited from the most prominent epithets and titles including Sultan, Khan, Baig, governer, and Biglar Baigy and they ruled their kingdom in much of the historical period covered in this study. Since Ardalans were the ruler of Kurdistan region before the Safavid dynasty, both Safavid and Qajar kings maintained them as rulers over their inherited and inborn region.

scholarly journals POLITIK HUKUM MAHKAMAH KONSTITUSI DALAM JUDICIAL REVIEW (SEBUAH PENDEKATAN SOSIOLOGIS)

2020 ◽  
Vol 3 (1) ◽  
pp. 86-99
Author(s):  
Murdoko Murdoko
Keyword(s):  
Legal System ◽  
Political System ◽  
The Political ◽  
New Order ◽  
Constitutional Court ◽  
Strategic Model ◽  
Legal Model ◽  
Institutional Model ◽  
Almost All ◽  
Politics And Law

AbstractThe collapse of the New Order and the subsequent rise of the Reformation changed the political system, the legal system and the economic system. The political system and legal system almost all agree to change to become more liberal by promoting human rights, but for the economy there is division, which is to change to become liberal as in politics and law, and remain "integralistic" or family that leads to socialism. As a result, the Constitutional Court whose duty is to maintain the interpretation of the constitution by law allows for several models of decisions, namely the legal, attitude, strategic and institutional models.Keywords: Reformation, family, Liberal, legal model, attitude model, strategic model, and institutional model. AbstrakRuntuhnya Orde Baru dan diikuti munculnya Reformasi telah merubah sistem politik, sistem hukum, dan sistem ekonomi. Sistem politik dan sistem hukum hampir seluruhnya menyetujui berubah menjadi lebih liberal dengan mengedepankan HAM, tetapi untuk ekonomi terjadi pembelahan, yaitu ikut berubah menjadi liberal sebagaimana dalam politik dan hukum, serta tetap “integralistik” atau kekeluargaan yang mengarah pada sosialisme. Akibatnya terhadap Mahkamah Konstitusi yang bertugas untuk menjaga interpretasi terhadap konstitusi oleh undang-undang memungkinkan terjadinya beberapa model putusan, yaitu model legal, sikap, strategis, dan institusional.

Law in Asia: The Key Role of Law as a Productive Force for Development

2009 ◽  
Vol 2 (1) ◽  
Author(s):  
Klaus A. Ziegert
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Political System ◽  
The Political ◽  
Sociology Of Law ◽  
Legal Change ◽  
The Rule Of Law ◽  
Comparative Sociology ◽  
Local Populations ◽  
Structural Adaptability

The paper focuses on the potential of comparative sociology of law as an instrument for analysing the effective operation of law in society. This approach links normative and empirical approaches to legal research. Applying advanced sociological theory of law, the paper analyses how social and legal change affect development generally, and focuses the analysis on a comparative sample of countries along a geographical route linking Asia with Europe and vice versa, vaguely reminiscent of the historical Silk Roads on land and by sea.Sociological theory suggests analysing social and legal change from the perspective of the dynamics of the functional systems of world society rather than from a normative legal perspective which has individual territorial states and their national state law as a point of reference. The functional systems of world society, such as families (the family system), economics (the economic system), politics (the political system), civil society and law (the legal system) can be seen as both exerting stress on each other and adjusting to this stress by a structural change in local populations with sufficient structural adaptability towards a higher differentiation of all social structures.The rule of law emerges as a special pattern of this structural differentiation which compounds the structural adaptability of above all in the legal system and the political system world-wide. In turn, the rule of law is a condition for increasing the adaptive flexibility of social structures in local populations. The rule of law is, therefore, a crucial element in the on-going development of society. This pattern is not historically given once and for all. nor is it linked to particular forms of government and political systems. Understood in this way, the rule of law is not a normative political or constitutional wish-list but a social phenomenon which can provide comparative sociology of law with a useful set of indicators for describing the development of society and its law.

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