Democracy and the Problem of Civil Disobedience

1954 ◽  
Vol 48 (2) ◽  
pp. 386-403 ◽  
Author(s):  
David Spitz
Keyword(s):  
Civil Disobedience ◽  
Moral Knowledge ◽  
The State ◽  
The Body ◽  
Loss Of Life ◽  
Critical Moment ◽  
Alive Today ◽  
The Law ◽  
City Walls ◽  
The City

If Sophocles were alive today to recast the dilemma of Antigone in contemporary, if less sanguine, terms, he might well seize on the problem of the citizen who refuses to answer questions put to him by a congressional investigating committee. Antigone, you will recall, was torn between two loyalties. Her religion commanded her to bury the body of her brother, while her state commanded that his body be left, unburied and unmourned, to be eaten by dogs and vultures on the open plain outside the city walls. As a loyal citizen, Antigone was required to yield her conscience to the state, to guide her conduct not by her rational moral knowledge but by the precepts of the law. As a person bound to her kin by the dictates of her religion, she was required to subordinate the instructions of Creon the king to those of her faith. She chose to obey her conscience and paid the penalty. Socrates, who—according to a traditional interpretation of the Crito—would doubtless have counseled otherwise, was also executed by the state. Thoreau, who at a critical moment followed what has scornfully been termed “the primitive attitude of Antigone, rather than the mature comprehension of Socrates,” found that refusal to obey a law resulted not in loss of life but in temporary loss of physical freedom.

The Mind and its Tenement; Their Mutual Relations

1856 ◽  
Vol 2 (18) ◽  
pp. 479-494
Author(s):  
C. Lockhart Robertson
Keyword(s):  
Mental State ◽  
Modern Science ◽  
The State ◽  
The Body ◽  
The Law ◽  
Mutual Relations ◽  
The Mind

“The knowledge concerning the sympathies and concordances between the mind and the body” saith the founder† of modern science, in discoursing of human philosophy, or the knowledge of ourselves, as he terms it, is “fit to be emancipate and made a knowledge by itself. The consideration is double: either how and how far the humours and effects of the body do alter or work upon the mind; or again, how and how far the passions and apprehensions of the mind do alter or work upon the body. The former of these,” (the influence of the body on the mental state,) continues Bacon, “hath been enquired and considered as a part and appendix of medicine, but much more as a part of religion or superstition. For the physician prescribeth cures of the mind in phrensies and melancholy passions; and pretendeth also to exhibit medicines to exhilarate the mind, to confirm the courage, to clarify the wits, to corroborate the memory and the like: but the scruples and superstitions of diet and other regimen of the body in the sect of Pythagoreans, in the heresy of the Manicheans, and in the law of Mahomet do exceed. … The root and life of all which prescripts is besides the ceremony, the consideration of that dependency, which the affections of the mind are submitted unto, upon the state and disposition of the body.”

scholarly journals HARMONISATION OF THE VILNIUS URBAN DEVELOPMENT: PROBLEMS AND TRENDS OF ACTIONS

2003 ◽  
Vol 4 (1) ◽  
pp. 72-80 ◽  
Author(s):  
Pranciškus Juškevičius
Keyword(s):  
Urban Development ◽  
Market Economy ◽  
City Planning ◽  
Physical Development ◽  
The State ◽  
Territorial Planning ◽  
The Law ◽  
The City

The article provides the analysis of the evolution of the planning principals and physical development of the City since 1988 when the state determined planning was mandatory, covering the period since the adoption of the Law on Territorial Planning up to the present date when the City operates in the market economy conditions. The controversy of the City planning and development is pointed out, as well as the necessity to liberalise and harmonise the process.

scholarly journals Rising of Regional Development Proposed by Complementary Law 123/2006 in Bidding: Comparing Bidding From Two Towns in the Southern Cone of the State of Rondônia - Brazil

2020 ◽  
Vol 11 (5) ◽  
pp. 10
Author(s):  
Aline Cristina Helfenstein ◽  
Douglas Fernando Batista Neis ◽  
Elielza Camargo Souza ◽  
Flávia Regina Alves de Hungria Folador ◽  
Marlene Valério dos Santos Arenas ◽  
...  
Keyword(s):  
Regional Development ◽  
Southern Cone ◽  
The State ◽  
Small Enterprises ◽  
Micro And Small Enterprises ◽  
The Law ◽  
The City

This study was intended to assess whether the bidding notices of Cerejeiras and Cabixi had put regional development foward, under the terms of Complementary Law 123/2006. The research is exploratory, quantitative, with a longitudinal cut, based on the bidding notices from the health and education departments, which were carried out in 2017 and 2018, extracted from transparency portals of the studied towns. The notices were organized and classified in a table, identifying each one of the items covered by the Complementary Law, comparing them with the law and what is contained in the notices. It was checked that the city halls apparently have little knowledge or clarification about the application of the law, since its public notices establish more tiebreakers criteria for Micro and Small Enterprises (MSEs) than other benefits allowed by law. It was also observed that the provided parts by law are not used. The construction contract notices did not provide for the subcontracting of MSEs. Most notices presented the preference for hiring local and regional companies incorrectly. There were no notices with quotas for the exclusive supply of MSEs in bids for goods of a divisible nature. In addition, it was noted that public agents from these towns need training related to the topic to apply the law and thus foster regional development correctly. Most notices presented the preference for hiring local and regional companies incorrectly. There were no notices with quotas for the exclusive supply of MSEs in bidding for goods of a divisible nature. In addition, it was noted that the towns need training related to the topic to apply the law and thus foster regional development correctly.

The lives of subjects

2011 ◽  
Author(s):  
Annabel S. Brett
Keyword(s):  
Common Good ◽  
Body Politic ◽  
The State ◽  
The Body ◽  
Ontological Status ◽  
The Common ◽  
The Law ◽  
The Individual ◽  
Relationship Of ◽  
The Relationship

This chapter discusses the relationship of the state to its subjects as necessarily physically embodied beings. The primary way in which the commonwealth commands its subjects is through the medium of its law. The law is for the common good and obliges the community as a whole, and thus the ontological status of the law—as distinct from any particular command of a superior to an individual—is intimately tied to that of the body politic. The question, then, concerning the relationship of the state to the natural body of the individual can be framed in terms of the extent of the obligation of the civil law.

FORGETTING APARTHEID: HISTORY, CULTURE AND THE BODY OF A NUN

Africa ◽  
2016 ◽  
Vol 86 (3) ◽  
pp. 472-503 ◽  
Author(s):  
Leslie J. Bank ◽  
Benedict Carton
Keyword(s):  
Civil Disobedience ◽  
Political Mobilization ◽  
African National Congress ◽  
The Body ◽  
Archival Documents ◽  
National Congress ◽  
White Person ◽  
Fatal Attack ◽  
A Site ◽  
The City

ABSTRACTIn 1952, the African National Congress (ANC) initiated its Defiance Campaign, opposing apartheid laws through organized civil disobedience and African nationalism. On Sunday 9 November, the city of East London became a site of political mobilization when 1,500 Xhosa-speaking ANC sympathizers peacefully protested in Bantu Square, the hub of a township named Duncan Village. Police arrived and fired on the crowd, igniting ‘spontaneous riots’. An Afrikaner salesman and an Irish nun were killed in the ensuing unrest. Rumours circulated that a mob ate the white woman; troop reinforcements then fanned into the township to wage a retaliatory war, shooting and bayoneting their victims. Upwards of 200 Africans may have died but only nine fatalities were recorded. If the revised toll is credible, the bloodshed exceeds that of Sharpeville, the worst one-day massacre in apartheid South Africa. Oral sources explain why the slaughter in Duncan Village is not widely known. Township residents secretly carted the dead to rural graves, fearing to report their losses as people mourned the tragic slaying of the nun named Sister Aidan. Today, ANC rulers of East London seem content to silence the memory of a mass killing reputedly spawned by chaos and cannibalism. At the centre of this incident is Sr Aidan's mutilation for the purpose of makingmuthi, a shocking incident that dominates the story of violence on Black Sunday. Using archival documents and oral histories, and incorporating the methodologies of Jennifer Cole, Donald Donham and Veena Das, this article reconstructs a narrative of ‘critical events’ surrounding the nun'smuthimurder. The scrutinized witness testimonies relay how township residents framed their fierce encounters with a symbolic (white person) and ubiquitous (militarized police) enemy. Oral sources reject the notion that an aimless ‘riot’ occurred on 9 November. Instead, they reflect on cultural enactments of purposeful violence through scripted assaults andmuthiritual. Ultimately, they view the fatal attack on Sr Aidan as an evolving customary act of defensive retribution and symbolic warning, submerging truths in apartheid and hindering reconciliations in democracy.

scholarly journals A Rational Model of the Constitutional Regulation

Lex Russica ◽  
2019 ◽  
pp. 70-82
Author(s):  
A. A. Liverovskiy
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Social Relations ◽  
The State ◽  
The Body ◽  
Constitutional Court ◽  
Natural Origin ◽  
Legal Principles ◽  
The Russian Federation ◽  
The Law

25 years of influence of the Constitution of the Russian Federation on public relations in our State has radically changed the idea of the Constitution and Constitutional Law. Admission of the Constitution of the Russian Federation by the society marked the formal recognition of social values spelled out in the Constitution and the nature of the legal principles implementing these values that are generally recognized by international law. The system of constitutional principles of natural origin became the basis for the constitutional regulation of social relations. The natural origin of legal principles means that they emerged in legal reality as a result of rational activity of a man, not only in terms of legitimizing the natural rights inherent in the man from birth, but also within the framework of their corrective impact on state regimes in light of promotion of civil rights and human freedoms. The natural origin of the constitutional principles gives an objective character to the constitutional regulation, and their predetermination and supremacy in relation to the influence of the legislative activity of the State power allows to create a constructive dichotomy of the constitutional and legislative regimes. In the theoretical and legal sense, constitutional principles as regulators of social relations constitute the “law of the Constitution”. Its fundamental part consists of the basic constitutional principles that determine the foundations of the constitutional system. The paper defines the mechanism of influence of constitutional principles on public relations that is different from the normative regulation: constitutional principles, in contrast to the norms acting in full compliance with their content, act in accordance with a a certain detectable extent of its content. Legal development of constitutional regulation arises from the interpretation of constitutional principles by the Constitutional Court of the Russian Federation. Resolving cases with regard to the constitutionality of normative legal acts, the body of constitutional justice creates legal stances — new constitutional regulators of social relations that not only correct the constitutional development of the State, but also are the law-making characteristics of the decisions. Using the construction of constitutional regulation, the author proposes an actual understanding of the problem of constitutional identity.

scholarly journals O TOSTÃO CONTRA O MILHÃO: A COBERTURA DA CAMPANHA PELA PREFEITURA DE SÃO PAULO PELO JORNAL O ESTADO DE S. PAULO (1952 - 1953) * THE PENNY AGAINST THE MILLION: THE ELECTION COVERAGE FOR THE CITY OF S. PAULO BY THE NEWSPAPER O ESTADO DE S. PAULO (1952 – 1953)

2016 ◽  
Vol 5 (2) ◽  
pp. 228
Author(s):  
Thiago Fidelis
Keyword(s):  
Sao Paulo ◽  
The State ◽  
São Paulo ◽  
Federal Law ◽  
Municipal Elections ◽  
Election Coverage ◽  
The Law ◽  
Press History ◽  
The City ◽  
State Secretary

Resumo: O presente artigo procurou analisar a eleição para a prefeitura de São Paulo em 1953 sob a ótica do jornal O Estado de S. Paulo, periódico de maior tiragem e o mais influente na política paulista dessa época. Devido a uma lei federal, desde os anos 1920 não havia sufrágio para o Executivo paulistano; quando a lei foi revogada em 1952, surgiram duas campanhas que polarizaram a disputa, a do secretário estadual de Saúde, Francisco Cardoso, representando a situação e a do deputado estadual Jânio Quadros, representando a oposição. Apoiando a primeira campanha, o jornal estruturou suas notícias com base nessa perspectiva, e seus desdobramentos foram analisados e refletidos nesse breve espaço.Palavras-chave: História da Imprensa; O Estado de S. Paulo; Eleições Municipais. Abstract: This article analyses the election for the city of S. Paulo in 1953 by the newspaper O Estado de S. Paulo, the highest circulation and the most influential periodic. Because of a federal law, a 30 years ago don’t have election for São Paulo mayoral; when the law ended in 1952, there were two campaigns that polarized, the State Secretary of Health  Francisco Cardoso and the state representative Jânio Quadros. Supporting the first campaign, the newspaper has structured your news based on this perspective and its consequences will be analyzed here.Key-word: Press History; O Estado de S. Paulo; Municipal Elections.

scholarly journals Glosa do wyroku Wojewódzkiego Sądu Administracyjnego w Kielcach z 30 września 2019 r., sygn. akt II SA/Ke 500/19

2020 ◽  
Vol 6(161) ◽  
pp. 203-215
Author(s):  
Dariusz Kała
Keyword(s):  
Fire Protection ◽  
Fire Service ◽  
The State ◽  
City Council ◽  
Fire Brigade ◽  
Local Law ◽  
The Law ◽  
The City

The commentary mainly concerns procedural issues related to the monetary equivalent for members of voluntary firefighters. The commentary is entirely approving. The resolution on the amount of the equivalent is of a general and abstract nature, and therefore is an act of local law. A councillor, who is at the same time a member of the voluntary fire brigade and takes part in rescue operations or fire training organized by the State Fire Service or the municipality, has a legal interest (derived from Article 28(1) and (2) of the Fire Protection Act) in adopting a resolution on the amount of the equivalent. The resolution on the amount of the equivalent, which was adopted by the city council with the participation of councillors (at the same time members of the voluntary fire brigade), who were excluded from voting by virtue of the law itself, is invalid.

scholarly journals FEATURES OF THE PERFORMANCE OF NOTARIAL ACTS IN INTERNATIONAL CIRCULATION

2021 ◽  
Vol 02 (05) ◽  
pp. 9-13
Author(s):  
Intizor Turdimatovna Mamazhonova ◽  
Keyword(s):  
Law Enforcement ◽  
The State ◽  
The Body ◽  
Foreign Affairs ◽  
International Treaties ◽  
Law Enforcement Agencies ◽  
International Circulation ◽  
The Law ◽  
Rights And Interests ◽  
The Republic

Among the law enforcement agencies of our country, the state notary is of great importance. Notarial actions effectively ensure the protection and protection of indisputable rights and interests in the event that these actions are performed in accordance with the rules established in advance by law. Documents drawn up abroad with the participation of officials of the competent authorities of other states or outgoing from them are accepted by a notary, subject to their legalization by the body of the Ministry of Foreign Affairs of the Republic of Uzbekistan. Without legalization, such documents are accepted by the notary in cases where it is provided for by the legislation and international treaties of the Republic of Uzbekistan.

scholarly journals The law ensuring of the activities of the accounting and loan committees at the branches of the State Bank of the Russian Empire in the post-reform period (On the materials of the charter of the State Bank of 1860)

2021 ◽  
Vol 27 (1) ◽  
pp. 21-25
Author(s):  
Timur A. Kovrov ◽  
Vladimir S. Okolotin
Keyword(s):  
Russian Empire ◽  
The State ◽  
Loan Repayment ◽  
The Public ◽  
Reform Period ◽  
Merchant Class ◽  
The Law ◽  
State Archives ◽  
The Russian Empire ◽  
The City

This article is devoted to the law ensuring of the activities of the accounting and loan committees at the branches of the State Bank of the Russian Empire in the post-reform period. On May 31 (old style) (June 12 new style), 1860, Emperor Alexander II signed a decree establishing the State Bank of the Russian Empire. At the same time, the charter of the State Bank was adopted. 13 articles of the charter were devoted to the activities of the accounting and loan committees at local branches of the State Bank. The authors cite extracts from these articles of the charter that regulate the activities of the committees and attempt to analyse them. The provisions of the articles of the charter of the State Bank are confirmed by examples from the documents of the State Archives of Ivanovo and Vladimir regions. A study of the articles of the charter showed that industrialists and merchants – representatives of the merchant class of the region of the branch – were approved as the members of the committees at the local branches of the State Bank. Industrialists and traders, who worked as members of the committee at the branch of the State Bank, informed the bank about the state of various branches of trade and industry, they gave recommendations on the issuance of a loan by the bank and they were guarantors of the loan repayment to the bank. For their useful activities for the committee's affairs, the State Bank awarded them with honorary awards, recognising their merits in the public activities of the city. At the end of the article, the authors conclude that the accounting and loan committees at the branches of the State Bank were created and functioned on the basis of the institution of public-private partnership.

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