scholarly journals Ethics and politics: Significance and renewal of "the philosophy of human affairs"

2004 ◽  
pp. 7-47
Author(s):  
Vojislav Stanovcic
Keyword(s):  
Rule Of Law ◽  
The Other ◽  
The Political ◽  
Moral Consciousness ◽  
Political Activities ◽  
The Rule Of Law ◽  
Theoretical Approaches ◽  
Religious Feeling ◽  
The One ◽  
Ethics And Politics

The author discusses the opposing opinions and different behaviour related to two significant problems. The first one deals with the relation between ethics and politics, both in the practical political activities and in the theoretical approaches (apologies or criticisms, that is analyses) to "the political". Dealing with the relation between "the rule of law" on the one hand and the political will or willfulness on the other, the author concludes that the rule of law implies the rule of the relatively sensible regulations and that their matalegal, metatheoretical basis includes moral assumptions and moral and religious norms, principles and categories, for example the notions of justice, reward, punishment, freedom, human rights, but also a series of other orders, instructions, prohibitions, taboos, some of which also have the instrumental nature and are used to achieve certain humanistic goals. The second problem deals with the relation between regulations and instructions in logic and ethics. These two problems are closely related because man?s every conscious activity observes or disregards some "logic" and/or "ethics". Simplified and politically expressed, the first problem appears as a question whether "the state cause" could justify political amoralism ? whether pure force, i.e. coercion creates law. The problem of the relation between logic and ethics appears as a contradiction, as a discrepancy, the conflict between logic and ethics used to realize or do things, and an insight about an activity which instructs the thinker or doer towards conlusions or activities of one kind, while his moral consciousness ethics or religious feeling instruct him to act in a completely different way, that is to act in the other direction. This is the conflict between the logic in the insights related to moral consciousness (conscience) or to the religious feelings of the subject who acquires knowledge and who should draw conclusions about certain practical activities.

The State and the Rule of Law

1970 ◽  
Vol 2 (1) ◽  
pp. 7-13
Author(s):  
Andrzej Zoll
Keyword(s):  
Rule Of Law ◽  
Political System ◽  
The State ◽  
The Political ◽  
The Rule Of Law ◽  
The Law ◽  
Democratic Principles ◽  
Set Up ◽  
The One ◽  
Real Chance

The changes brought about in Poland and elsewhere in Europe by the fall of Communism have given rise to hopes for the establishment of a political system differing from the one which had been the fate of these countries. In place of totalitarianism, a new political system is to be created based on the democratic principles of a state under the rule of law. The transformation from totalitarianism to democracy is a process which has not yet been completed in Poland and still requires many efforts to be made before this goal may be achieved. One may also enumerate various pitfalls jeopardising this process even now. The dangers cannot be avoided if their sources and nature are not identified. Attempts to pervert the law and the political system may only be counteracted by legal means if the system based on the abuse of the law has not yet succeeded in establishing itself. Resistance by means of the law only has any real chance of success provided it is directed against attempts to set up a totalitarian system. Once the powers which are hostile to the state bound by the rule of law take over the institutions of the state, such resistance is doomed to failure.

scholarly journals Breaking Up the Unity of the World: Peter Fitzpatrick’s Conception of Responsive Law

2020 ◽  
pp. 174387212097533
Author(s):  
Johan van der Walt
Keyword(s):  
Rule Of Law ◽  
The Other ◽  
Short Article ◽  
The Rule Of Law ◽  
Other Hand ◽  
The World ◽  
The Law ◽  
The One ◽  
The Ideal

This short article on Peter Fitzpatrick’s conception of “responsive law” analyzes the ambiguous temporality that Fitzpatrick discerned in modern law. On the one hand, law makes the claim of being fully present and therefore already and completely contained in itself. This aspect of law reflects the law’s claim to “immanence,” that is, its claim of always being able to rely strictly on its own operational terms without having to take recourse to any consideration not already contained within itself. It is this aspect of law that renders the ideal of the “rule of law” feasible. On the other hand, the law’s claim to doing justice to every unique and therefore every new case also demands that it takes leave of that which is already settled within it. This aspect of law can be called its “imminence.” The imminence of the law concerns the reality that law always finds itself on the threshold of that which has not yet been said and must still be said. The article shows how Fitzpatrick relied on Freud’s concept of the totem to explain the “wondrous” unity of its immanence and imminence.

Part III Regimes and Doctrines, Ch.38 Theories of Transitional Justice: Cashing in the Blue Chips

2016 ◽  
Author(s):  
Nesiah Vasuki
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Transitional Justice ◽  
The Other ◽  
Practical Significance ◽  
Political Society ◽  
Political Imagination ◽  
The Rule Of Law ◽  
The One

This chapter examines the utopias called forth by the marriage of human rights accountability mechanisms on the one hand, and, on the other, arguments about the practical significance of these initiatives as preconditions for development, democracy, and political society. Transitional justice is seen to marry the ethical charge of the human rights field’s march against impunity, with an instrumental potential facilitating transition from the rule of violence into the rule of law. If the normative theories and agendas implicated by this marriage are advanced as being in the interests of justice, the accompanying instrumental theories and agendas are advanced in the interests of transition. Justice and transition operate here as allied and mutually reinforcing aspirations of and rationales for transitional justice institutions. Thus, this chapter identifies and analyses the stakes that attend this marriage of ‘ethics’ and ‘expertise’ in constituting the utopian political imagination of transitional justice.

Vergaberechtsschutz im Spannungsfeld zwischen Beschleunigungsgebot und Gewährung effektiven Rechtsschutzes

2019 ◽  
Author(s):  
Hsi-Ping Chen
Keyword(s):  
Rule Of Law ◽  
Public Procurement ◽  
German Law ◽  
Legal Protection ◽  
The Other ◽  
The Rule Of Law ◽  
Other Hand ◽  
The One ◽  
Substantive Law ◽  
The Eu

The German Law on public procurement remedies, implementing the EU Remedies Directives into national law, has to engage in a balancing act between effective legal protection of bidders and the necessary acceleration of the award procedure. The book develops solutions for conflicts between the abovementioned opposing interests, which are consistent with the pluralistic paradigm of the European legal area, and the standards of assessment of the EU primary substantive law on public procurement. The Europeanisation of the German Law on public procurement remedies is analysed in detail. The work deals with the establishment and improvement of effective legal protection of bidders on the one hand and, on the other hand, shows that the acceleration of the award procedure within the framework of the procedural system is bounded by the rule of law. The book carves out strengths and deficits of the German Law on public procurement remedies.

Von der „Säuberung“ zum Generalpardon: Die Entnazifizierung der westdeutschen Wirtschaft

2010 ◽  
Vol 51 (2) ◽  
Author(s):  
Ralf Ahrens
Keyword(s):  
World War Ii ◽  
Rule Of Law ◽  
The Other ◽  
The Political ◽  
World War ◽  
Comprehensive Investigation ◽  
Other Hand ◽  
Party Members ◽  
Nazi Past ◽  
The One

AbstractImmediately following World War II, the allied occupational powers started a process of denazifying West German business in more or less the same way as the political and administrative apparatus. Initial approaches to solve the task by a radical purge of highly incriminated company managers soon gave way to more extensive investigations of party members and Nazi sympathizers also on lower ranks. Denazification escalated into bureaucratic mass procedures and finally ended up in various forms of amnesty and pardon in the late 1940s and early 1950s. A key feature in this process was the successively growing participation of German actors like various commissions, chambers of commerce and the companies themselves. On the one hand, comprehensive investigation and punishment under a re-installed rule of law had to rely upon cooperation of German actors and their expertise on the reality of the Nazi past; on the other hand, the integration of business itself into denazification procedures allowed company managers to benefit from informational advantages. Focussing the interaction between denazification authorities and business in the three West German zones of occupation, the article argues that under the general conditions of economic reconstruction and democratization the degeneration from purge to pardon was hardly avoidable, but that nevertheless the effects of temporary punishments should not be underestimated.

scholarly journals Opinions on the Legal Significance of the Right to Health

2021 ◽  
Vol 27 (2) ◽  
pp. 116-120
Author(s):  
Teodora Aurelia Drăghici ◽  
Gabriel Cătălin Predescu
Keyword(s):  
Health Care ◽  
Rule Of Law ◽  
Right To Health ◽  
Fundamental Rights ◽  
The Other ◽  
The Rule Of Law ◽  
Right To Health Care ◽  
Other Hand ◽  
The One ◽  
The Right

Abstract The legal significance of the right to health care, in particular and of other fundamental rights in general, on the one hand unknown to citizens and on the other hand known, minimized or ignored by state authorities and institutions, will certainly lead to abuses of law coming from the latter, abuses that cannot be tolerated by the rule of law.

scholarly journals Efforts to Disrupt the Authoritarian Equilibrium within the EU. Effects and Counter-effects

2021 ◽  
Vol 17 (4) ◽  
pp. 723-741
Author(s):  
Krisztina Juhász
Keyword(s):  
European Integration ◽  
Rule Of Law ◽  
Theoretical Approach ◽  
Financial Support ◽  
The Other ◽  
Resource Analysis ◽  
The Rule Of Law ◽  
Secondary Literature ◽  
The One ◽  
The Eu

Abstract The study, leaning on the concept of ‘authoritarian equilibrium’ introduced by R. Daniel Kelemen on the one hand, and new intergovernmentalism as a fresh theoretical approach of the European integration on the other hand, investigates if we can talk about the disruption of the ‘authoritarian equilibrium’ as a consequence of the split up between Fidesz and the EPP, and the adoption of the rule of law conditionality mechanism. In other words, whether we can talk about an initial authoritarian dis-equilibrium? Or can we rather talk about a converse process due to the mechanisms of new intergovernmentalism resulting in the further stabilisation of authoritarian governments and the ineffectiveness of the EU measures devoted to the protection of rule of law? Using qualitative resource analysis of the relevant secondary literature and the documents and legal acts of the EU and its institutions the paper comes to the conclusion that while we have witnessed efforts to disrupt the partisan and the financial support of the Hungarian governing party, these efforts were neutralised by the mechanisms of new intergovernmentalism and as a consequence we still cannot talk about an initial authoritarian disequilibrium in the EU.

The Integration and Perception of the Rule of Law in Roman Crete

2020 ◽  
pp. 243-266
Author(s):  
Ioannis E. Tzamtzis
Keyword(s):  
Rule Of Law ◽  
Legal Culture ◽  
First Century ◽  
The Other ◽  
The Rule Of Law ◽  
Persistent Memory ◽  
Complex Picture ◽  
The One ◽  
Military Campaign ◽  
Proprietary System

The contrast between Rome’s difficult and bloody conquest of Crete on the one hand and the absence of any conflicts after the island’s integration into the Roman imperium on the other has not escaped the notice of modern scholars. It has often led to the suspicion that the conquerors had, from the start, disempowered the institutional idiosyncrasies of the conquered. However, careful scrutiny of the literary and epigraphic sources allows for the development of a more complex picture. That picture depends partly on the density of political, military, and institutional events that befell Crete in the last third of the first century BCE, and partly on the interaction between Roman legal culture and a Dorian mentality profoundly rooted in the island’s population. From the artificial creation of a provincia Creta-Cyrenaica (following a twofold military campaign and a conflict between Q. Metellus and Cn. Pompeius) to the experience of the confederative Creta libera, led by a Kretarchas, under the triumvirate; from the conservation of the ‘Gortyn code’ at the turn of the first century CE to the syssitia of Lyttos at the end of the second; from the introduction of the Campanian factor on the territory of Cnossos by Octavian to the persistent memory of a semi-proprietary system for the agricultural exploitation of the Messara plain: the composition of the Cretan legal landscape in the time of the Late Republic and the Principate is reminiscent of a Mediterranean fresco. This composition will be outlined in this chapter in order to give a more nuanced picture of Crete’s legal culture.

scholarly journals Populizm a praworządność: między władzą ludu a „regułami gry”

2021 ◽  
Vol 43 (2) ◽  
pp. 281-293
Author(s):  
Jakub Hudský
Keyword(s):  
Rule Of Law ◽  
Liberal Democracy ◽  
The Other ◽  
Modus Operandi ◽  
The Rule Of Law ◽  
The Third ◽  
The People ◽  
Specific Material ◽  
The One ◽  
Rules Of The Game

The growing influence of populists on the exercise of power in many European countries made it necessary to analyze populism also in the context of its relation to law and jurisprudence. Populism as an anti-liberal structure introduces a different view on many demoliberal legal institutions, including the key concept of the rule of law. The first part of the article focuses on the concept of populism and its analysis to the extent that is justified by the chosen topic. Investigating the current scientific discourse allows the thesis that populism has a dualistic character. On the one hand, it can be seen as a set of ideas, based on specific “material” assumptions, but on the other hand, it is a specific modus operandi used to promote any ideology. The second part of the article attempts to analyze the concept of the rule of law and focuses on its goals as well as the role it plays in the structue of liberal democracy. In this context, it should be noted that the meaning of the rule of law cannot be reduced solely to the principle that not only citizens, but also authority can act only within the limits of valid and binding law. For the rule of law — by clearly delineating the boundaries of power — also creates a broader context for the functioning of the system: specific “rules of the game” which define the way and rules of its functioning. In this sense, the rule of law is a key element of liberal democracy, which, although based on the power of the poeple, constitutes procedures and mechanisms that prevent its implementation to an unlimited extent. The third part of the paper summarizes the theses indicated in previous parts. Among the basic ideological tenets of populists is the pursuit of institutional unlimited power of the people. However, such a belief is incompatible with the basic demoliberal assumption that all power and its functioning should be subject to a rigid procedural framework, the violation of which is unacceptable. would seem that the rule of law — which is, after all, the realization of those restrictions within the liberal democracy framework — will be rejected by populists in advance. However, the populists do not deny the necessity of the rule of law existing, but modify it in such a way that complies with their tenets. Populists emerge from the agonistic conviction that the rule of law in the demoliberal discourse — although presented as politicaly neutral — in fact served only the interests of the elites and the establishment. With populist views gaining real influence on power, the time comes for the rule of law to be an instrument in the hands of the people, serving only the realization of their free will in the greatest possible extent.

scholarly journals THE „HAWALA SYSTEM“ - BETWEEN CUSTOMARY LAW AND ORGANIZED CRIME

2020 ◽  
Vol 2 (1) ◽  
pp. 1-15
Author(s):  
Ivan Geshev ◽  
Nikolay Marin
Keyword(s):  
Money Laundering ◽  
Rule Of Law ◽  
Organized Crime ◽  
Information Technologies ◽  
The Other ◽  
Customary Law ◽  
The Rule Of Law ◽  
Criminal Groups ◽  
The One ◽  
Conventional Type

The article aims to reveal the nature and specifics of the alternative method of modern banking ‘Hawala’, which makes it on the one hand, extremely convenient for use by organized criminal groups, and on the other, difficult to be investigated and proven. The authors trace Hawala’s historical roots, referring to the ancient customary law, and point out the strict rules on which it operates. It highlights that, with the development of information technologies, the Hawala systems’ principles have found a new application, from which organized criminal groups benefit. The article clarifies how the Bulgarian legislation incriminates money laundering and the possible use of the ‘Hawala’ system for this and other criminal activities. Attention is paid to the Bulgarian experience in the investigation of a network of persons involved in the use of the Hawala method for concealing, particularly serious crimes. The conclusion is made that the Hawala phenomenon poses a serious threat to the rule of law in any country, and the Bulgarian legislation needs to be adapted in order to provide effective mechanisms to counter such non-conventional type of crime.

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