scholarly journals The Medieval Cultural and Political Origins of the Industrial Revolution

2020 ◽  
Vol 5 (2) ◽  
Author(s):  
Ademar Ribeiro Romeiro
Keyword(s):  
Economic Growth ◽  
Middle Ages ◽  
Labor Productivity ◽  
Rule Of Law ◽  
Industrial Revolution ◽  
Decisive Role ◽  
The State ◽  
The Rule Of Law ◽  
Superior Level ◽  
The Middle Ages

This article argues that cultural and political legacies from the Middle Ages were crucial for the sustained economic growth that led to the Industrial Revolution. The medieval social/political orders had an exceptional openness to innovations (technological, organizational and institutional) when compared to other contemporary civilizations. Such openness was caused by the competition between them, as well as by the existence of multiple organizations independent from the State. The emergence of national states changed the medieval scenario but a legacy of some of its important cultural/institutional features remained and played a decisive role in the forthcoming Industrial Revolution: the Rule of Law, individualism, representative assemblies, the respect for labor and professions (notably the merchants) and the embryo of a culture of economic growth. Also, the legacy of a process of accumulation of capital, which was translated into a superior level of labor productivity when compared to those prevailing in any other civilization until that moment.

The Rule of Law and Economic Growth in Ancient Greece

2020 ◽  
Author(s):  
Edward M. Harris
Keyword(s):  
Economic Growth ◽  
Rule Of Law ◽  
Ancient Greece ◽  
The State ◽  
Third Party ◽  
Greek City ◽  
The Rule Of Law ◽  
Weights And Measures ◽  
Hellenistic Greece ◽  
City State

The rule of law was very important for the expansion of markets and economic growth in Classical and Hellenistic Greece. The Greek city-state enforced regulations about weights and measures, ensured peace and order, built infrastructure (agoras, roads and ports), granted foreigners access to courts, gave honours, privileges and protection from seizure (asylia), and concluded treaties with other communities. The state also protected the property rights of individuals and created records to ensure title and to resolve disputes about ownership. Finally, the state created third-party enforcement of contracts, such as lease, sale, lending and borrowing and the accessory contracts of personal security and real security. This allowed economic transactions to expand beyond the narrow confines of family, friends, and neighbours and to expand markets.

scholarly journals The Constitution of Ukraine of 1710 and its place in the centuries-old history of nation-building

2020 ◽  
pp. 16-25
Author(s):  
Igor Boiko
Keyword(s):  
Middle Ages ◽  
Rule Of Law ◽  
Nation Building ◽  
Electoral System ◽  
The State ◽  
Public Authorities ◽  
The Rule Of Law ◽  
French And English ◽  
History Of ◽  
Further Development

The article reveals the socio-political preconditions of the Constitution of Ukraine of 1710, analyzes its content and determinesits place in the centuries-old history of nation-building. It is noted that the Ukrainian Constitution of 1710 had an exceptional politicaland legal significance, as it was a regularity of the existence of the Ukrainian Cossack state and testified to the statehood of the Ukrai -nian nation. The Constitution of 1710 was a kind of social contract, the primary purpose of which is to ensure the rights and free deve -lopment of members of society. It enshrined the principle of separation of state power, established democratic and contractual principlesfor the formation of public authorities, the manner of their organization and interaction, determined their competence and functions.The Constitution of Ukraine of 1710 enshrined other important principles, including equality (Article 6 «equality of the Cossacks inpublic affairs»), the rule of law and the inviolability of natural human rights, which were the basis for preventing usurpation of power,violation of the integrity and sovereignty of the state. The competence of state authorities and officials was delimited and their constitutionalstatus was established. The Ukrainian Constitution of 1710 was focused on the establishment and development of the nationalidea, spiritual and moral values of peace, tolerance, goodness, and justice. During the period of the Ukrainian Cossack state, especiallyat the time of the adoption of its constitution in 1710, the formation of the national idea took place. The Constitution of Ukraine of 1710is important in the history of nation-building. Adopted during the Middle Ages, when predominantly absolutist monarchies ruled, itbecame the most advanced state act in European society at the time, defining Ukraine as a democratic Christian republic with an electedhetmanate. The Constitution of 1710 became the foundation for the further development of Ukrainian statehood. The first Ukrainianconstitution of 1710 was ahead of its time, it was adopted when the French and English educators had just begun to develop those cons -titutional ideas that were already laid down in it. As is typical of constitutions, it defined the state system, the order and principles offunctioning of representative, executive and judicial authorities, the electoral system, the rights and responsibilities of the state, societyand citizens. Given the above-analyzed basic provisions of the Constitution of 1710, it can rightly be considered the first written democraticconstitution in the world. Key words: constitution, state formation, republic, state, nation, Ukraine.

scholarly journals MECHANISM OF ADMINISTRATIVE AND LEGAL REGULATION OF THE PROCEDURE FOR CONSIDERATION OF CITIZENS' APPEALS

2020 ◽  
Vol 1 (9) ◽  
pp. 69-74
Author(s):  
Oleksii Dniprov ◽  
Keyword(s):  
Rule Of Law ◽  
Public Management ◽  
Decisive Role ◽  
Legal Regulation ◽  
The State ◽  
Political Life ◽  
Structural Elements ◽  
The Rule Of Law ◽  
Administrative Procedure ◽  
Legitimate Interests

The article is devoted to the analysis of the mechanism of administrative and legal regulation of procedures for consideration of citizens' appeals. It is noted that the analysis of this mechanism should be carried out through the prism of the study of such legal categories as "appeals", "procedure", "administrative procedure", "administrative procedure for consideration of citizens' appeals". It turns out that administrative procedure for consideration of citizens' appeals is a procedure regulated at the legislative level by an authorized entity (competent public authority) for actions that consist in consideration, in the terms determined by the legislation, relevant proposals (comments), statements (petitions) or complaints and notifications of persons who have applied to a public body about the results (consequences) of consideration of their application. It is proposed to understand the mechanism of administrative and legal regulation of procedures for consideration of citizens' appeals as a set of legally defined means by which the state, represented by authorized subjects of public administration, exercises public management influence on legal relations aimed at protecting the rights and legitimate interests of individuals and also, if necessary, for their restoration, which is carried out in order to ensure the rule of law as a legal regime of socio-political life in the state. It is indicated that when studying the mechanism of administrative and legal regulation of procedures for consideration of citizens' appeals, its elements should be given a decisive role. In the framework of this study, such structural elements as the rule of law and subjects were considered. It is proposed to divide the subjects acting as participants of administrative and legal relations concerning the address of citizens into two groups: obligatory and optional. It is determined that the obligatory subjects should include individuals who submit an application and the entity that reviews the application; to optional – persons in whose interests the appeal is filed, persons whose actions or omissions are challenged; persons who facilitate the consideration of the appeal.

Theoretical and methodological determinants of the Robert von Mol’s concept of the social state

2020 ◽  
Vol 2020 (1) ◽  
pp. 37-45
Author(s):  
Svetlana Pirozhok
Keyword(s):  
19Th Century ◽  
Rule Of Law ◽  
Social Protection ◽  
The State ◽  
Scientific Article ◽  
Social State ◽  
The Rule Of Law ◽  
Legal Thought ◽  
The Social ◽  
The 19Th Century

The relevance of determining the theoretical and methodological determinants of the Robert von Moll’s concept of the social state is due to the need to determine the patterns of evolution of ideas about the state and law, as well as the need to assess the ability to use the potential of the Robert von Moll’s theoretical and legal heritage, his predecessors and contemporaries to identify the optimal model of the social state. Modern Russia attempts to build such state. The proclamation and consolidation of Russia as a social state governed by the rule of law at the constitutional level requires attention both to the experiments carried out in social and legal development, and to the practices of social reform, and also to those ideas that have not yet been embodied. The ideas of European scholars regarding the evolution of the state-legal organization of society in the early modern period, based on which Robert von Mohl (1799–1875) developed original concepts of a social state and a state governed by the rule of law are discussed in the article. An analysis of the state of European political and legal thought and identification of the factors that have a significant impact on the development of Robert von Mohl’s doctrine of a social state governed by the rule of law are the purposes of the scientific article. The methodological basis of the study was the dialectical-materialistic, general scientific (historical, systemic) and special (historical-legal, comparativelegal) methods of legal research. The method of reconstruction and interpretation of legal ideas had great importance. As a result of the study, it was concluded that in the first half of the 19th century in European political and legal thought various approaches was formed to consider the problems of social protection and how to resolve them. The development trend of European political science became the transition from ideas and principles formed in the conditions of police states and enlightened absolutism to the ideas of a state governed by the rule of law (constitutional) that protects the rights and freedoms of a citizen. At the same time, it was a question of the rights and freedoms of only a part of the population: the proletariat growing in number and significance was not always evaluated as an independent social stratum. The axiological principles of state justification have also changed. Rights and utility principle became dominant principles. In the first half of the 19th century the social issue as an independent scientific problem of the European political and legal thought was not posed and not systematically developed. Questions about the social essence of the state, the specifics of the implementation of the state social function, the features of public administration in the new stage of socio-economic development of society predetermined the emergence of the idea of a social state. This idea was comprehensively characterized in the Robert von Mohl’s works. He went down in the history of political and legal thought as founder of the concepts of social and governed by the rule of law state.

Conclusion

2018 ◽  
Author(s):  
Fanie du Toit
Keyword(s):  
South African ◽  
Social Exclusion ◽  
Rule Of Law ◽  
The State ◽  
African History ◽  
Divided Societies ◽  
The Rule Of Law ◽  
South Africans ◽  
Social Goods ◽  
Forward Looking

Reading South African history through the lens of interdependence helps explain the disappointment that many South Africans feel in relation to reconciliation. While they are justified in feeling let down, owing to rising inequality and social exclusion, it is wrong to blame Mandela’s strategy of just interdependence because it was abandoned too early. In seeking to overcome oppression, reconciliation is forward-looking and predicated on rebuilding relationships in divided societies. Dealing with a violent past is valuable when striving for a more just future. Reconciliation fosters just, inclusive, and fair societies and is locally owned and driven. A progressive approach to reconciliation is also needed. Reconciliation recognizes the inherent interdependence between citizens themselves, and between citizens and the state. These relationships are progressively re-established in more just ways. In so doing, it helps to create conditions in which social goods such as forgiveness, the rule of law, or democracy become possible.

Cicero and Milo

1974 ◽  
Vol 64 ◽  
pp. 62-78 ◽  
Author(s):  
A. W. Lintott
Keyword(s):  
Civil War ◽  
Rule Of Law ◽  
The State ◽  
The Political ◽  
New Era ◽  
The Rule Of Law ◽  
Political Position ◽  
The Republic ◽  
Political Realignment ◽  
Political Scene

The battle of Bovillae on 18th January, 52 B.C., which led to Clodius' death, was literally treated by Cicero in a letter to Atticus as the beginning of a new era—he dated the letter by it, although over a year had elapsed. It is difficult to exaggerate the relief it afforded him from fear and humiliation for a few precious years before civil war put him once more in jeopardy. At one stroke Cicero lost his chief inimicus and the Republic lost a hostis and pestis. Moreover, the turmoil led to a political realignment for which Cicero had been striving for the last ten years—a reconciliation between the boni and Pompey, as a result of which Pompey was commissioned to put the state to rights. Cicero's behaviour in this context, especially his return to the centre of the political scene, is, one would have thought, of capital importance to the biographer of Cicero. Yet two recent English biographies have but briefly touched on the topic. It is true that, in the background of Cicero's personal drama, Caesar and Pompey were taking up positions which, as events turned out, would lead to the collapse of the Republic. However, Cicero and Milo were not to know this, nor were their opponents; friendly cooperation between the two super-politicians apparently was continuing. Politicians on all sides were still aiming to secure power and honour through the traditional Republican magistracies, and in this pursuit were prepared to use the odd mixture of violence, bribery and insistence on the strict letter of the constitution, which was becoming a popular recipe. In retrospect their obsession with the customary organs of power has a certain irony. Yet it is a testimony to the political atmosphere then. Their manoeuvres are also important because both the instability caused by the violence of Clodius and Milo, and the eventual confidence in the rule of law established under Pompey's protection, helped to determine the political position of the boni associated with Pompey in 49 B.C. Cicero's relationship with Milo is at first sight one of the more puzzling aspects of his career. What had they in common, except that Milo, like most late Republican politicians, was at one time associated with Pompey? Properly interpreted, however, this relationship may not only illuminate Cicero's own attitudes but illustrate the character of the last years of Republican politics.

APPLICATION OF THE RULE OF LAW IN JUDICIAL PRACTICE

2017 ◽  
Author(s):  
Lyudmyla Bogachova ◽  
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Social Relations ◽  
Political Power ◽  
Early Stage ◽  
The State ◽  
Broad Sense ◽  
Constitutional Court ◽  
The Rule Of Law ◽  
Judicial Practice

The article defines the concept of the principle of the rule of law both in the narrow and broad sense. In the narrow sense, the principle of the rule of law is understood as the rule of law over legislation, and in the broad sense - as the rule of law over the state, state arbitrariness. Different approaches to disclosing the content of the principle of the rule of law in national and European legal doctrines are systematized. The lack of a single generally accepted concept of the principle of "rule of law" is emphasized. The decisions of the European Court of Human Rights are analyzed; attention is focused on their interpretation of the rule of law. The realization of the principle of the rule of law, primarily presupposes the domination of inalienable and inviolable human rights and freedoms over the political power of the state, and also requires quality laws and observance of the principle of legal certainty. The interpretation of the principle of the rule of law in the decisions of the Constitutional Court of Ukraine is considered. The CCU emphasizes that the rule of law is first and foremost the "rule of law in society"; characterizes the principle, linking it to the ideas of social justice, freedom and equality, without which it is impossible to imagine true human development and existence. The Constitutional Court calls justice as one of the basic principles of law, which is crucial in defining it as a regulator of social relations, one of the universal dimensions of law. Examples of application of the rule of law in the practice of the Supreme Court of Ukraine are given. Judges not only make a formal reference to the rule of law, but also try to analyze and disclose the content of its constituent elements (requirements) within a specific legal case. The main problems that hinder the effective implementation and realization of the rule of law in judicial practice are identified, namely - the lack of proper regulation and official interpretation; low quality of laws and legislative process; excessive number of conflicting laws; low level of legal awareness and legal culture of Ukrainian society, and early stage of civil society development in Ukraine. It is concluded that the rule of law is a principle whose main content is expressed in the following aspects: ensuring the rule of law over political power; subordination of state institutions to the needs of human rights protection and ensuring their implementation; priority of these rights over all other values of democratic, social, and legal state; preventing the manifestation of arbitrariness of state power, as well as ensuring compliance with the requirements of justice.

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