scholarly journals Hercules in the Colombian Constitutional Court

2020 ◽  
Vol 13 (1) ◽  
pp. 1-23
Author(s):  
Iván Garzón Vallejo ◽  
Cristian Rojas González
Keyword(s):  
Political Philosophy ◽  
Individual Autonomy ◽  
Constitutional Court ◽  
Ronald Dworkin ◽  
Judicial Decisions ◽  
State Neutrality ◽  
Relationship Of ◽  
The Relationship ◽  
Law Clerks

Abstract This paper explores how the Colombian Constitutional Court has used the legal and political philosophy of Ronald Dworkin to show that the use of the concepts of rights as trump cards, individual autonomy, and state neutrality, have configured the reception of egalitarian liberalism. This conclusion is reached by means of an analysis of the meaning and use of these concepts in certain judicial decisions and of personal interviews with certain head justices and law clerks of said Court, which also made it possible to frame this question within the larger issue of the relationship of philosophy to the decisions of the judges.

Hope, or On Theology

2020 ◽  
pp. 170-197
Author(s):  
Ryan Patrick Hanley
Keyword(s):  
Political Philosophy ◽  
The Political ◽  
Human Being ◽  
Political Implications ◽  
Self Interest ◽  
Relationship Of ◽  
Universal Order ◽  
The Relationship ◽  
Theological Virtue

Chapter 6 turns to Fénelon’s theology, focusing on his treatment of hope and its significance for his political philosophy. It argues that he regarded hope not just as a key theological virtue, but also as a key virtue of political rulers and political reformers. Its discussion of the political implications of Fénelon’s theology proceeds in three parts. It first examines the role of hope in Telemachus. It then turns to the treatment of hope in Fénelon’s theology, focusing on three particular discussions: the place of hope in love, the relationship of hope to self-interest, and the place of hope in prayer. The final section turns to two aspects of Fénelon’s theology beyond hope which also have significant implications for his political philosophy: his understanding of the relationship of human being to divine being, and his arguments for the existence of God and their implications for universal order.

The Concept of Property in Rawls’s Property-Owning Democracy

2013 ◽  
Vol 35 (1) ◽  
Author(s):  
Tilo Wesche
Keyword(s):  
Political Philosophy ◽  
Deliberative Democracy ◽  
John Rawls ◽  
Indirect Effect ◽  
Fair Value ◽  
The Political ◽  
Property Ownership ◽  
Basic Aspect ◽  
Relationship Of ◽  
The Relationship

AbstractUnderstanding the relationship of democracy and property ownership is one of the most important tasks for contemporary political philosophy. In his concept of property-owning democracy John Rawls explores the thesis that property in productive means has an indirect effect on the formation of true or false beliefs and that unequal ownership of productive capital leads to distorted and deceived convictions. The basic aspect of Rawls’s conception can be captured by the claim that for securing the fair value of the political liberties a widespread dispersal of property in productive resources is required that minimizes the formation of delusions and therefore improves the conditions of deliberative democracy.

scholarly journals Η ευδαιμονία ως σκοπός της παιδείας στο πλαίσιο του ευρωπαϊκού και του νεοελληνικού διαφωτισμού

2019 ◽  
Author(s):  
Όλγα Χριστοδουλίδου
Keyword(s):  
Political Philosophy ◽  
18Th Century ◽  
Well Being ◽  
Modern Greek ◽  
Liberation Education ◽  
Greek Manuscript ◽  
Spiritual Movement ◽  
Relationship Of ◽  
First Time ◽  
The Relationship

The Ph.D. Thesis consists, in addition to the Introduction, of two Parts and one Appendix. Part One deals with European Enlightenment as a spiritual movement and the dimensions that the idea of eudaimonia as an aim of education has taken in its context. Part Two deals with how Greek scholars of Modern Greek Enlightenment, and especially scholars within the ideological circle of Adamantios Korai, approached the idea of eudaimonia or “happiness on earth” as the object of education. The thesis explores the meaning of education specifically for Greeks as a means of happiness, as it is primarily understood as a means of spiritual and political liberation. Education can lead to prosperity and prosperity, which is conditionally based on freedom, both political and individual, should be pursued through an educational content of both moral philosophy, political philosophy, and a properly structured Christian education. Part One, which contains 4 chapters, presents the problem of European Enlightenment in relation to education, in order to establish the relevance of Modern Greek to European Enlightenment in relation to the interconnection of education and eudaimonia. Part Two, dealing with Modern Greek Enlightenment, examines how scholars belonging to the Korai ideological circle approach the relationship of happiness and education. Following is an Appendix presenting, briefly but for the first time, an 18th-century Greek manuscript dedicated to the collection of the Holy Archimandrite of Aigio, which saves a work entitled Practical Philosophy under the name of Antonios Moschopoulos (1718-1788). The work, among others, deals with issues of Ethical and Political Philosophy and addresses the issue of the relation of education and well-being. A precise table of comparison of the chapters between the Greek manuscript and the original Latin work written by Ludwig Philipp Thümmig (1697-1728), a student of Christian Wolff (1679-1754) is also given. In summary, the originality of the thesis lies in the following. (1) For the first time, an overall view is given of the concept of eudaimonia in the ethical and political texts of Modern Greek Enlightenment and its relation to education. (2) It is attempted to ascertain the equilibrium attempted in these Greek sources between “secular-earthy happiness” and “heaven bliss”. (3) It appears that the main source for the ethical and pedagogical ideas the Greek enlightenment scholars used, were the works of scholars representing the "moderate" stream of the European Enlightenment, which were translated or reproduced freely by modern Greek scholars.

scholarly journals 100 Years of Dewey in China, 1919–1921 – A Reassessment

2019 ◽  
Vol 1 (1) ◽  
pp. 9-26
Author(s):  
Michael A. Peters
Keyword(s):  
Political Philosophy ◽  
Critical Reading ◽  
The University ◽  
Relationship Of ◽  
The Relationship

This paper uses the centenary of Dewey’ two years in China as an opportunity to reassess John Dewey’s views on China, based mainly on his Letters and his Lectures in Social and Political Philosophy, 1919–21 given on invitation at the University of Peking. In particular, the paper makes some criticisms of Dewey’s pragmatism (his lack of contextualism in not mentioning the significance of the May 4th Movement) and raises the question of the relationship of his thought with Chinese Marxism. The essay is given a critical reading by three scholars Jessica Ching-Sze Wang, Kang Zhao and, Zhang Huajun, all Dewey scholars.

1. Introduction

2001 ◽  
Author(s):  
Will Kymlicka
Keyword(s):  
Political Philosophy ◽  
Political Theory ◽  
Ronald Dworkin ◽  
Fundamental Idea ◽  
Theory Of Justice ◽  
The Relationship

This edition provides an introduction to the major schools of thought that dominate contemporary debates in political philosophy. The focus is on theories which have attracted a certain allegiance, and which offer a more or less comprehensive vision of the ideals of politics. The text examines the notion, advanced by Ronald Dworkin, that every plausible political theory has the same ultimate value, which is equality. It considers another, more abstract and more fundamental, idea of equality in political theory — namely, the idea of treating people ‘as equals’. It also explores what it might mean for libertarianism to have freedom as its foundational value, or for utilitarianism to have utility as its foundational value. Finally, it analyses the relationship between moral and political philosophy and argues that the ultimate test of a theory of justice is that it should be concordant with, and help illuminate, our convictions of justice.

scholarly journals Socrates' Aspasian Oration: The Play of Philosophy and Politics in Plato's Menexenus

1993 ◽  
Vol 87 (1) ◽  
pp. 133-143 ◽  
Author(s):  
Stephen G. Salkever
Keyword(s):  
Political Philosophy ◽  
Athenian Democracy ◽  
Plato's Political Philosophy ◽  
Relationship Of ◽  
Athenian History ◽  
The Relationship

Plato's Menexenus is overlooked, perhaps because of the difficulty of gauging its irony. In it, Socrates recites a funeral oration he says he learned from Aspasia, describing events that occurred after the deaths of both Socrates and Pericles' mistress. But the dialogue's ironic complexity is one reason it is a central part of Plato's political philosophy. In both style and substance, Menexenus rejects the heroic account of Athenian democracy proposed by Thucydides' Pericles, separating Athenian citizenship from the quest for immortal glory; its picture of the relationship of philosopher to polis illustrates Plato's conception of the true politikos in the Statesman. In both dialogues, philosophic response to politics is neither direct rule nor apolitical withdrawal. Menexenus presents a Socrates who influences politics indirectly, by recasting Athenian history and thus transforming the terms in which its political alternatives are conceived.

Reply to my critics

2021 ◽  
pp. 147488512110020
Author(s):  
Ryan Patrick Hanley
Keyword(s):  
Political Philosophy ◽  
Political Thought ◽  
History Of Political Thought ◽  
Religion And Theology ◽  
History Of ◽  
Key Issues ◽  
Relationship Of ◽  
The Relationship

This reply to my five generous and insightful critics – Gianna Englert, David Williams, Alexandra Oprea, Geneviève Rousslière, and Brandon Turner – focuses on three key issues they raise: the relationship of past ideas to present politics, the utility of ideological labels in the history of political thought, and the relationship of political philosophy to religion and theology.

scholarly journals Pardon in german law

Lex Russica ◽  
2019 ◽  
pp. 116-123
Author(s):  
D. V. Belling ◽  
G. Kulyamina
Keyword(s):  
Judicial Review ◽  
German Law ◽  
Constitutional Court ◽  
Negative Experience ◽  
Abuse Of Power ◽  
Modern Germany ◽  
Form Of Government ◽  
Federal Constitutional ◽  
Relationship Of ◽  
The Relationship

In modern Germany, a secular state with a republican form of government, there is still the institution of pardon, known in the pre-Christian era. Under the current Constitution of Germany pardon is carried out by the President of Germany, the decision is not subject to judicial review. The relationship of mercy and justice has been controversial for centuries. Opinions differ in literature and court practice, up to the Federal Constitutional Court of Germany. A retrospective of the historical development of the practice of pardon, the analysis of the goals and consequences of this measure convincingly prove the need for the possibility of judicial review of clemency decisions enshrined in the legislation. This is the only effective way to prevent arbitrariness, abuse of power and violation of human rights. The modern legal state should not allow the negative experience of past dictatorships and monarchies.

scholarly journals The COVID pandemic and social theory: Social democracy and public health in the crisis

2020 ◽  
pp. 136843102097012
Author(s):  
Sylvia Walby
Keyword(s):  
Public Health ◽  
Political Philosophy ◽  
Social Theory ◽  
Social Democratic ◽  
State Action ◽  
The Social ◽  
Left And Right ◽  
Theories Of Change ◽  
Relationship Of ◽  
The Relationship

Social theory is developing in response to the coronavirus (COVID) crisis. Fundamental questions about social justice in the relationship of individuals to society are raised by Delanty in his review of political philosophy, including Agamben, Foucault and Žižek. However, the focus on the libertarian critique of authoritarianism is not enough. The social democratic critique of neoliberalism lies at the centre of the contesting responses to the COVID crisis. A social democratic perspective on public health, democracy and state action is contrasted with the anti-statists of left and right. This is addressed in debates on the relationship between science and governance, the place of crisis in theories of change and the conceptualisation of alternative forms of social formation. The crisis initiated by the pandemic, cascading through society, from health to economy, to polity and into violence, includes a contestation between social democratic and neoliberal visions of alternative forms of society.

scholarly journals Review of a Case on Constitutional Changes of 2020 by the Constitutional Court of the Russian Federation: Substantive and Procedural Peculiarities

2021 ◽  
Vol 1 ◽  
pp. 34-38
Author(s):  
Oleg V. Brezhnev ◽  
Keyword(s):  
Russian Federation ◽  
Constitutional Court ◽  
Public Authorities ◽  
Legal Provisions ◽  
History Of ◽  
Constitutional Justice ◽  
The Russian Federation ◽  
Relationship Of ◽  
First Time ◽  
The Relationship

For the first time in the history of Russian constitutional justice the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation of March 14, 2020 No. 1-FKZ “On improving the regulation of certain issues of the organization and functioning of public authorities” provided for as part of the mechanism for its entry into force a special authority of the Constitutional Court of the Russian Federation related to mandatory checking the new constitutional regulation for compliance provisions of chapters 1, 2 and 9 of the Constitution of the Russian Federation. The article reveals substantive and procedural features of this authority of the Constitutional Court of the Russian Federation, concerning the subject and criteria for checking the legal provisions under consideration, the organizational form of constitutional proceedings used in this case, the legal force of the decision of the Constitutional Court of the Russian Federation, etc. Disclosed the relationship of this regulation and already formulated legal positions of the Constitutional Court of the Russian Federation on certain aspects of the implementation of constitutional justice. In the prognostic plan, the need for more detailed legislative regulation of the procedure for exercising powers associated with mandatory constitutional control is shown.

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