scholarly journals Pactism in Catalonia: A Dual Conception of the Political Community

2019 ◽  
Vol 12 (1) ◽  
pp. 6-19
Author(s):  
Tomàs de Montagut ◽  
Pere Ripoll
Keyword(s):  
Middle Ages ◽  
Public Law ◽  
Political Community ◽  
Modern Concept ◽  
The Political ◽  
Whole Process ◽  
Ius Commune ◽  
Limited Power ◽  
Definition Of

Abstract This article offers a historiographic definition of ‘pactism’, i.e. the pact-based model institutional doctrine and practice held in Europe from the High-Middle Ages onwards, until the emergence of the modern concept of sovereignty in the absolutist state of the 16th and 17th centuries. As institutional doctrine, pactism found in Catalonia one of its most elaborate formulations. This article defines the constitutive elements of Catalan legal pactism, stemming from the Romanist concept of ius commune and the conceptual work on interpretation and early public law carried out by legal scholars. It distinguishes different kinds and degrees of jurisdictio (senyoria, in Catalan language)—universals, generals and speciales—and it defines populus, constitutio populi, imperium and contrafaccions. Catalan legal instruments related to the enactment of laws by the General Courts—Constitucions, Capítols i Actes de Cort—and the limited power of the King, the composition of Generalitat (the General of Catalonia), and the role of the three Catalan branches (braços, estaments) are also elucidated. It also delves into the procedure for establishing constitutions which was followed by the Cort General of Montsó of 1585. The 15th c. legal compilation called Llibre dels Quatre Senyals and the recent discovery of the Llibre dels Vuit Senyals allow a more accurate dating of origins (1289, 1291, 1359, 1376), and a better understanding of its financial objectives, procedures and protections. Finally, this article introduces the notion of a dual conception of the political community as a suitable interpretative thesis to make sense of the whole process of the development of public law in Medieval Catalonia.

MARCEL PAGNOL'S THE BAKER'S WIFE, A CINEMATIC CHARIVARI IN POPULAR FRONT FRANCE

2005 ◽  
Vol 48 (2) ◽  
pp. 437-469 ◽  
Author(s):  
BRETT BOWLES
Keyword(s):  
Middle Ages ◽  
Focal Point ◽  
Public Support ◽  
Popular Front ◽  
Partisan Politics ◽  
National Union ◽  
Late Middle Ages ◽  
The Social ◽  
Definition Of

Taking an anthropological approach, this article interprets Pagnol's critically acknowledged classic as a reinvention of a carnivalesque ritual practised in France from the late middle ages through the late 1930s, when ethnographers observed its last vestiges. By linking La Femme du boulanger (The baker's wife, 1938) to contemporaneous debates over gender, national decadence, and the definition of French cultural identity, I argue that the film recycles the charivari's long-standing function as a tool of popular protest against social and political practices regarded as detrimental to the welfare of the nation. In the context of the Popular Front, Pagnol's charivari ridiculed divisive partisan politics pitting Left against Right, symbolically purged class conflict from the social body, and created a new form of folklore that served as a focal point for the communitarian ritual of movie-going among the urban working and middle classes. In so doing, the film promoted the ongoing shift in public support away from the Popular Front in favour of a conservative ‘National Union’ government under Prime Minister Edouard Daladier, who in 1938–9 assumed the role of France's newest political patriarch.

Legal change for child health: Report on a conference

PEDIATRICS ◽  
1977 ◽  
Vol 60 (2) ◽  
pp. 251-253
Author(s):  
Henry M. Seidel
Keyword(s):  
Middle Ages ◽  
Children And Youth ◽  
Frank Lloyd Wright ◽  
Conference Participant ◽  
Health Report ◽  
Points Of View ◽  
Definition Of ◽  
Relationship Of ◽  
The Relationship

"Physically and politically powerless, children have always gotten the short end of the stick. In earlier times, the surplus, especially females, were legally and deliberately killed; in the Middle Ages and until recently children were chattels; in Dickensian England they starved in workhouses or were exploited as beggars a la Oliver Twist...." Louise Raggio, Conference Participant The building Frank Lloyd Wright called Wingspread served as the setting for a discussion concerning the relationship of the health of the young to their legal needs and the role of the pediatrician in these regards. Men and women from medicine, the law, and social work shared their points of view, seeking a firm definition of advocacy for children, attempting to highlight some manageable priorities among the legal needs so that pediatricians might move to a partnership with others in the community which might facilitate access to a better life for all children and youth.

From Simple Substance to Chemical Element

2020 ◽  
pp. 32-52
Author(s):  
Bernadette Bensaude-Vincent
Keyword(s):  
Periodic System ◽  
Chemical Element ◽  
Traditional View ◽  
Modern Concept ◽  
Simple Substance ◽  
System P ◽  
Conceptual Distinction ◽  
Definition Of

The introduction of the modern concept of chemical element has often been credited to Lavoisier. I will argue that despite the significant impact of the definition of elements as non-decompound bodies in Lavoisier’s “Elements of Chemistry,” this claim is misleading for at least three reasons. First, elements were already defined as residues of analysis prior to Lavoisier. Second, Lavoisier did not totally give up the traditional view of elements as constituents of all bodies. Third, the modern definition of chemical element implies a clear distinction between simple bodies and elements that was later introduced by Dmitri Mendeleev. I will outline the role of this conceptual distinction in Mendeleev’s process of classification of elements and symmetrically emphasize how the periodic system contributed to stabilize his notion of element as an individual defined by its position in the system. Thus the concept of element appears as both a precondition and a product of the construction of the periodic system.

‘To activists: Please post and share your story’: Renewing understandings on civic participation and the role of Facebook in the Indignados movement

2017 ◽  
Vol 32 (6) ◽  
pp. 583-597 ◽  
Author(s):  
Venetia Papa
Keyword(s):  
Social Media ◽  
Civic Participation ◽  
Political Community ◽  
Political Activity ◽  
The Political ◽  
Structured Interviews ◽  
Political Issues ◽  
International Financial Crisis ◽  
Online Social Media

The global upsurge in protest, which has accompanied the current international financial crisis, has highlighted the extensive use of online social media in activism, leaving aside the extent to which citizenship is enacted, empowered and potentially transformed by social media use within these movements. Drawing on citizenship and communication theories, this study employs a cross-country analysis of the relationship between citizenship, civic practices and social media within the Indignados movement in Greece and France. By the use of semi-structured interviews, we attempt to discern the degree of involvement of actors with the political community in question and explore the complex layers of their motivations and goals around participation. Content analysis employed in the movement’s Facebook groups allows us to critically evaluate the potential of social media in (re)defining the meaning and practice of civic participation. Findings indicate that the failure of traditional forms of civic participation to attain and resolve everyday political issues becomes its potential to transfer the political activity in other sites of struggle. The role of Facebook is double: it can reinforce civic talk and debate through activists’ digital story telling (around shared feelings and personal stories) significant for meaningful activist participation online and offline. Second, it can support new forms of alternative politics inspired by more participatory modes of engagement.

Framing the feudal bond: a chapter in the history of the ius commune in Medieval Europe

2012 ◽  
Vol 80 (3-4) ◽  
pp. 481-495 ◽  
Author(s):  
Emanuele Conte
Keyword(s):  
Middle Ages ◽  
Legal Reasoning ◽  
Legal Culture ◽  
Roman Law ◽  
Historical Period ◽  
Abstract Concepts ◽  
Ius Commune ◽  
Medieval Europe ◽  
History Of ◽  
Definition Of

In this article I wish to show how history of legal doctrines can assist in a better understanding of the legal reasoning over a long historical period. First I will describe the nineteenth century discussion on the definition of law as a ‘science’, and some influences of the medieval idea of science on the modern definition. Then, I’ll try to delve deeper into a particular doctrinal problem of the Middle Ages: how to fit the feudal relationship between lord and vassal into the categories of Roman law. The scholastic interpretation of these categories is very original, to the point of framing a purely personal relationship among property rights. The effort made by medieval legal culture to frame the reality into the abstract concepts of law can be seen as the birth of legal dogmatics.

The Braggart in Italian Renaissance Comedy

PMLA ◽  
1943 ◽  
Vol 58 (1) ◽  
pp. 42-83
Author(s):  
Daniel C. Boughner
Keyword(s):  
Sixteenth Century ◽  
Italian Renaissance ◽  
The Political ◽  
Elizabethan Drama ◽  
Political Conditions ◽  
Definition Of ◽  
Conventional Type

The chief purpose of this paper is to describe one phase of the domestication of Latin drama on the Renaissance stage, specifically to show how a conventional type made famous by the Roman comedians, the miles gloriosus, was fashioned by the academic playwrights of sixteenth-century Italy into an instrument of contemporary satire. A secondary aim is to provide a fuller literary background for the study of the braggart in Elizabethan drama. Such analysis requires a summary of themes, situations, and attitudes that have enriched the comic tradition of Europe, and demands also a definition of the comic spirit that exposes and derides the vainglorious folly of the alazon or boaster who struts and brags of his merits in utter disregard of truth. Menander and his disciples in Latin comedy developed a satiric method which the Italians borrowed for the ridicule of modern representatives of the alazon. Any consideration of the commedia erudita must also be prefaced by a review of the political conditions in Italy that brought to prominence such hated types as the Spaniard and other mercenary soldiers. This paper describes the rôle of the Spaniard and traces the evolution of the braggart from the imitations of Plautus and Terence, through the modifications of conventional themes, and finally to the new elements inspired by the changed domestic conditions of the peninsula.

Educating for Citizenship? Re-Assessing the Role of Islamic Instruction in German Schools

2010 ◽  
Vol 3 (3) ◽  
pp. 518-552 ◽  
Author(s):  
Joyce Marie Mushaben
Keyword(s):  
Public Schools ◽  
Public Law ◽  
Faith Communities ◽  
Educational Statistics ◽  
Active Approach ◽  
State Neutrality ◽  
Curricular Models ◽  
Clash Of Cultures ◽  
Definition Of

AbstractPositing a “clash of cultures,” many European politicians oppose Muslim headscarves as well as Islamic instruction in public schools; the real source of “failed integration” lies not with the religiosity of young Muslims but rather with an arcane definition of “state neutrality” that sustains the dominance of some religions at the expense of others. Focusing on Germany, this study reviews educational statistics pertaining to youth of migrant origin, showing that conflicts over Islamic instruction mirror deeper patterns of minority discrimination. It outlines the legal hurdles new faith communities must overcome to secure recognition as “corporate entities under public law” (Körperschaftsstatus), entitling them to accredited teacher training, tax-funded salaries, construction subsidies, and other institutional privileges. It describes divergent curricular models utilized by the Länder, followed by a closer look at Islamic instruction in Berlin, where a court ruling compelled authorities to take a pro-active approach. It concludes with a review of dilemmas inherent in Germany's approach to “value education” against the backdrop of the new European Union anti-discrimination directives. Show me any mischief produced by the madness or wickedness of theologians, and I will show you a hundred resulting from the ambition and villany of conquerors and statesmen. Show me an absurdity in religion, and I will undertake to show you a hundred for one in political laws and institutionsEdmund Burke, 1756

scholarly journals Looking for democracy in fiduciary government. Historical notes on an unsettled relationship (ca. 1520-1650)

Daímon ◽  
2020 ◽  
pp. 17-32
Author(s):  
David Guerrero
Keyword(s):  
Early Modern ◽  
Natural Law ◽  
State Power ◽  
Public Law ◽  
Political Community ◽  
Popular Sovereignty ◽  
The Political ◽  
Fiduciary Duties ◽  
The Relationship ◽  
Normative Foundations

Una perspectiva reciente sobre los fundamentos normativos del derecho público ha propuesto concebir las relaciones entre ciudadanía y Estado como una “relación fiduciaria”, usando deberes fiduciarios del ámbito iusprivado para justificar limitaciones jurídicas y morales al poder del Estado. La gobernanza fiduciaria también ha sido señalada como una característica distintiva del republicanismo y la soberanía popular, ya que sitúa a la comunidad política como fideicomitente y beneficiaria de cualquier acto administrativo. En este artículo se revisan algunas concepciones protomodernas del gobierno considerando sus justificaciones explícitamente fiduciarias. Concluye con una interpretación fiduciaria del iusnaturalismo Leveller, especialmente necesario para entender (y puede que restaurar) la relación de la gobernanza fiduciaria con la democracia.   A recent perspective on the normative foundations of public law has proposed to conceive citizen-state relationships as a “fiduciary relationship”, using private-law fiduciary duties to justify legal and moral constrains on state power. Fiduciary governance has also been pointed as a distinct feature of republicanism and popular sovereignty, since it places the political community as trustor and beneficiary of any administrative act. This paper reviews some early modern conceptions of government considering their explicit fiduciary justifications. It concludes with a fiduciary account of Leveller natural law, especially needed to understand (and maybe to restore) the relationship between fiduciary governance and democracy.

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