The Nature of Political Representation, II

1940 ◽  
Vol 34 (3) ◽  
pp. 456-466 ◽  
Author(s):  
John A. Fairlie

In the literature of law, there has been comparatively little discussion as to the nature of political representation. A representative democracy has been defined as “a form of government where the powers of the sovereignty are delegated to a body of men, elected from time to time, who exercise them for the benefit of the whole nation.” And a representative form of government has been defined as “a government conducted and constituted by the agency of delegates, or deputies, chosen by the people.”Judge Thomas M. Cooley, speaking for the Michigan supreme court, said: “A representative is one chosen by a principal to exercise for him a power or perform for him a trust. In that sense, the mayor of a city is a representative for some purposes, the members of the common council for others, and the members of the board of education for still others … the right to be represented implies a right, not merely to name the person, but also to designate the trust that shall be confided to him.” On this basis, it was held that a board of park commissioners established by the state legislature with certain powers, and recognized by the common council of the city, could not be vested afterwards by the legislature with additional powers previously exercised by the council.Somewhat similar is the position of an English judge as to the authority of a representative in a legal proceeding. “A solicitor is the representative of his client, but counsel is not, for counsel has the whole conduct of the case, and can act even against the instructions of his client.” It was accordingly held that a solicitor is a representative within S. 17(4) Bankry Act, 1883, and must be “authorized in writing” to entitle him to question a debtor at a public hearing.

Author(s):  
Derrick Bell

The Evening Of May 17, 954, was a night for celebration. An office full of ecstatic NAACP workers in Manhattan, as well as black people throughout the country, were doing just that as they hailed the bright new era all assumed would arrive with the landmark decision in Brown v. Board of Education handed down by the Supreme Court earlier that day. The case was not easily won. It was the culmi­nation of two decades of planning and litigation. At the very least, a party was in order. The NAACP staff hailed the high court’s opinion with cheers, toasts, and impromptu dancing, but according to one report, Thurgood Marshall, one of the chief architects of the litigation wandered morosely through the happy throng frowning. “You fools go ahead and have your fun,” he said, “but we ain’t begun to work yet.” Marshall’s prediction was both prophetic and a highly accurate commentary on the black experience. Even so, the staff had reason to celebrate. The orga­nization was doing what its founders had intended. The National Association for the Advancement of Colored People (NAACP)was founded in 1909. Its founders, an interracial group of liberal lawyers and socialists, concerned with the nonenforcement of the Four­teenth and Fifteenth Amendments, saw the need for an organization that would effectively press for political, legal, and educational rights. They sought an end to segregation, the right to work, and the right to protec­tion from violence and intimidation. The need for the NAACP was clear. In the previous year, in addition to the several dozen blacks lynched each year, thousands of whites rioted in Springfield, Illinois. They killed six blacks, two by lynching, and burned and destroyed black homes and businesses. Two thousand blacks left the city but none of the alleged riot leaders were punished, although the city obtained indictments following the restoration of order. The white community launched a political and economic boycott to drive out the remaining black residents. After its founding, the NAACP established a legal redress com­mittee, and in the next decades several of its cases reached the Supreme Court.


Author(s):  
David G. García

This chapter explores the evolution of the White architects' four strategies of segregation from 1939, when they sought voter approval to construct a school east of the railroad tracks, through 1954, when the U.S. Supreme Court ruled that racially segregated schools were inherently unequal and therefore unconstitutional. During this time, the school trustees constructed new schools that maximized the race, class, and east–west geographic divisions in the city and sought to normalize the undereducation of Mexican American children. By 1954—the same year the U.S. Supreme Court ruled in the landmark Brown v. Board of Education desegregation case—the trustees had strategically positioned nine of the district's eleven schools west of Oxnard Boulevard and the railroad tracks in neighborhoods kept predominately White through racial covenants.


Author(s):  
Danny M. Adkison ◽  
Lisa McNair Palmer

This chapter assesses Article V of the Oklahoma constitution, which concerns the legislative department. Section 1 states that “the Legislative authority of the State shall be vested in a Legislature, consisting of a Senate and a House of Representatives.” However, “the people reserve to themselves the power to propose laws and amendments to the Constitution and to enact or reject the same at the polls independent of the Legislature, and also reserve power at their own option to approve or reject at the polls any act of the Legislature.” Section 2 provides for the designation and definition of reserved powers. Initiative means the power of the people to propose bills, and to enact or reject them at the polls. Referendum is the right of the people to have bills passed by the legislature submitted to the voters for their approval. Meanwhile, in May 1964, the Oklahoma constitution was amended to conform to the U.S. Supreme Court rulings. The amendment passed and Sections 9 through 16 were replaced with Sections 9A through 11E. The chapter then details the provisions for the Senate and the House of Representatives.


1971 ◽  
Vol 17 ◽  
pp. 75-88 ◽  
Author(s):  
Elizabeth Rawson

If we remember anything about Cicero's political ideas, it is that he believed in the right and duty of the senate to exercise supremacy in Rome, but that he also advocated aconcordia ordinmi, an alliance between and recognition of the common interests of senators andequites, to whom property and thestatus quowere sacred. Closely connected with this is the idea of aconsensus omnium bonorum, a wider alliance to include most of theplebs, and Italy. In the service of this ideal of unity he believed that the conservative statesman should beconcordiae causa sapienter popularis, though he should consult the true interests of the people even more than their wishes; and that all government should be mild and conciliatory. These are the views by which we distinguish him from his more obstinate optimate contemporaries, above all Cato, who are less flexible, more rigidly reactionary. Although, since Strasburger's famous study ofConcordia Ordinum, students of Cicero ought to have been prepared to pursue some of these beliefs of his back into the Roman past, too many historians and biographers still give the impression that they were Cicero's own invention (and an unhappy and unrealistic one too, it is often implied). But this is rash. Cicero,pacesome of his detractors, was an intelligent man; but he was not a man of deeply original mind, as would be generally admitted. His greatness lay not in originality, but in the life and form that he could give to the Roman tradition, enriching or illuminating it, sometimes even criticising it, from his knowledge of Greek history and thought.We should be chary therefore of supposing that Cicero's political programme was wholly his own; and, where a programme on a practical level is concerned, we should probably look more closely for Roman than for Greek sources. The first place to search is of course in a man's immediate family background, its position, traditions and contacts. This is true of all ages and places; but it is especially true of Rome. In the recent and justified reaction against the idea of fixed family parties, allied to or warring with certain other families from generation to generation, we are in danger of forgetting that family tradition in a broad sense was often very important. Cicero explains in thede officiishow one should imitate not only themaioresin general, but one's ownmaioresin particular – thus successive Scaevolae have become legal experts, and Scipio Aemilianus emulated the military glory of the first Africanus.


1958 ◽  
Vol 52 (4) ◽  
pp. 1026-1029 ◽  
Author(s):  
John P. Roche

I want to dissent initially from the rather constricting frame of reference that Schubert has established in his paper. He has every right in the world to set rhetorical snares, but I have no intention of walking into them. If I may summarize, Schubert asserts that he is a spokesman for a radical new direction in the study of public law, claiming that the old ways are moribund. He further urges that we should look with envy at the creative function of the social psychologists who supplied the Supreme Court with the banners it carried in Brown v. Board of Education while we were bumbling around with historical and philosophical trivia. He concludes that instead of wasting our time with talmudic disputations on whether the Supreme Court reached the “right” or the “wrong” decisions in specific cases, we should settle down to build a firm “scientific” foundation for our discipline.Not the least amusing aspect of this indictment is that I find myself billed as the defender of the ancien régime, as the de Maistre of public law. Therefore, for the benetfit of the young and impressionistic, let me break loose from Schubert's rhetorical trap: I too think that much of the research done in public law—and, for that matter, in political science generally—has been trivial.


10.12737/6572 ◽  
2014 ◽  
Vol 8 (4) ◽  
pp. 20-33
Author(s):  
Наталья Гаршина ◽  
Natalya Garshina

Having a look at the tourist space as a cultural specialist, the author drew attention to the fact that the closest to the modern man is a city environment he contacts and sometimes encounters in everyday life and on holidays. And every time whether he wants it or not, it opens in a dif erent way. One way of getting to know the world has long been a walking tour. It’s not just a walk hand in hand with a pleasant man or hasty movement to the right place, but namely the tour, in which a knowledgeable person with a soulful voice will speak about the past and present of the city and its surroundings, as if it is about your life and the people close to you. Turning to the beginning of the twentieth century, the experience of scientists-excursion specialists we today can learn a lot to improve the process of building up a tour, and most importantly the transmission of knowledge about the world in which we live. Well-known names of the excursion theory founders to professionals are I. Grevs, N. Antsiferov, N. Geynike and others. They are given in the context of ref ection on the historical development of walking tours, which haven’t lost their value and attract both creators and consumers of tour services.


Koneksi ◽  
2020 ◽  
Vol 4 (1) ◽  
pp. 7
Author(s):  
Nada Salsabila ◽  
Diah Ayu Candraningrum

This research examines the representation of Middle Eastern culture local wisdom contained in the film "Aladdin 2019" produced by Walt Disney Pictures. This study aims to examine the cultural symbols of the Middle East. The research method used in this study is a qualitative method with Charles Sanders Peirce's semiotic analysis which divides the sign into three elements namely sign, object and interpretant. Semiotics is the science that discusses or examines the meaning of a sign. The results showed that Middle Eastern cultural symbols in the film "Aladdin 2019" were displayed through 10 scenes selected in the film. Cultural symbols of the Middle East are shown through the habits of the people kissing the right and left cheeks every time they meet relatives, riding camels to travel, livelihoods of people who trade, princess clothes Jasmine and Sultan, building architecture made of bricks and domes as decoration and art that displays traditional Middle Eastern musical instrument namely Gambus. Some interesting facts in the film one of which is the making of the city "Agrabah" as a shooting setting which is a fictitious city in England and property made of authentic jewelry.  Penelitian ini mengkaji mengenai representasi kearifan lokal budaya Timur Tengah yang terdapat dalam Film “Aladdin 2019” Produksi Walt Disney Pictures. Penelitian ini bertujuan untuk mengkaji simbol-simbol budaya Timur Tengah. Metode penelitian yang digunakan dalam penelitian ini adalah metode kualitatif dengan analisis semiotika Charles Sanders Peirce yang membagi tanda menjadi tiga elemen yaitu tanda, objek dan interpretan. Semiotika adalah ilmu yang membahas atau mengkaji mengenai pemaknaan dari sebuah tanda. Hasil penelitian menunjukkan bahwa simbol-simbol budaya Timur Tengah dalam Film “Aladdin 2019” ditampilkan melalui 10 scene yang dipilih dalam film tersebut. Simbol-simbol Budaya Timur Tengah ditunjukkan melalui kebiasaan masyarakat cium pipi kanan dan kiri setiap bertemu kerabat, menunggangi unta untuk bepergian, mata pencaharian masyarakat yang berdagang, pakaian putri Jasmine dan Sultan, arsitektur bangunan berasal dari batu bata dan kubah sebagai hiasan serta kesenian yang menampilkan alat musik tradisional Timur Tengah yaitu Gambus. Beberapa fakta menarik dalam film tersebut salah satunya adalah pembuatan kota “Agrabah” sebagai latar syuting yang merupakan kota fiktif di Inggris dan properti yang terbuat dari perhiasan asli.


2017 ◽  
Author(s):  
Susan Nevelow Mart

Ms. Mart examines the legal evolution of the right to receive information, particularly focusing on its application to libraries, beginning with the Supreme Court holding in Board of Education v. Pico, and followed by cases that have considered the meaning of Pico in a variety of library-related contexts.


Author(s):  
Dr. Shivakumar GS

Every human being has the right to decent life but today there are elements in our environment that tend to militate against the attainment and enjoyment of such a life. The exacerbation of the pollution of environment can cause untold misery. Unhappiness and suffering to human beings, simply because of our lack of concerns for the common good and the absence of sense of responsibility and ethics for sustaining a balanced eco-system. If we are to aspire to a better quality of life – one which will ensure freedom from want, from disease and from fear itself, then we must all join hands to stem the increasing toxification of this earth. What we need in order to defuse this environmental time bomb is immediate concerted action of all the people, but such needed action will come only if we reorient such citizenry values, i.e., imbibe them with proper awareness and values (ethics), specifically those that will lead to a greater concern for preserving balance in the ecosystem, besides teaching them how to save the environment from further degradation, and to help, make it more healthful and progressive place to live in, springs from a strong sense of social responsibility. KEYWORD: Environmental Ethics


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