scholarly journals The Rule of Law in the Athenian Demokratia:  Origins, History, and Oratory

2021 ◽  
Author(s):  
◽  
Bede Laracy
Keyword(s):  
Rule Of Law ◽  
Political Corruption ◽  
Legal Framework ◽  
The Rule Of Law ◽  
Legitimate Power ◽  
Power Rule ◽  
Legal Arguments ◽  
The Law ◽  
Law Courts ◽  
The City

<p>According to Aristotle, demokratia is an invalid form of constitution unless it operates in conjunction with the rule of law. Historically, the idea of the rule of law was connected with wealthy elites in Athens. However, after a series of upheavals between the Athenian mass and elites, the demos accepted the rule of law as a valid check on demotic power. Rule of law required legal codification, which outlined a framework within which democratic law functioned. The Athenian law court became the arena for enforcing the law, thereby ridding the city of negative socio/political influences. Hybris, political corruption, and general questions of legality all came under the power of the democratic courts of law, which exerted the legitimate power of the combined community. Nevertheless, tradition maintained a strong influence on law, especially in the law courts. Bound up in legal arguments were ideas of Athenian identity and it became accepted that the juries would assess the character of the accused against the character of the Athenian demos in the course of making its decision. Athenian elites who previously continued feuds extra-legally submitted to the law courts, which offered an arena for dispute resolution. Ultimately, the rule of law in the Athenian demokratia upheld Athenian law, created a legal framework, and allowed personal and political disputes to be settled before they dissolved into stasis, offering the Athenian demokratia its most successful mechanism for creating social, political, and legal, stability.</p>

scholarly journals The Rule of Law in the Athenian Demokratia:  Origins, History, and Oratory

2021 ◽  
Author(s):  
◽  
Bede Laracy
Keyword(s):  
Rule Of Law ◽  
Political Corruption ◽  
Legal Framework ◽  
The Rule Of Law ◽  
Legitimate Power ◽  
Power Rule ◽  
Legal Arguments ◽  
The Law ◽  
Law Courts ◽  
The City

<p>According to Aristotle, demokratia is an invalid form of constitution unless it operates in conjunction with the rule of law. Historically, the idea of the rule of law was connected with wealthy elites in Athens. However, after a series of upheavals between the Athenian mass and elites, the demos accepted the rule of law as a valid check on demotic power. Rule of law required legal codification, which outlined a framework within which democratic law functioned. The Athenian law court became the arena for enforcing the law, thereby ridding the city of negative socio/political influences. Hybris, political corruption, and general questions of legality all came under the power of the democratic courts of law, which exerted the legitimate power of the combined community. Nevertheless, tradition maintained a strong influence on law, especially in the law courts. Bound up in legal arguments were ideas of Athenian identity and it became accepted that the juries would assess the character of the accused against the character of the Athenian demos in the course of making its decision. Athenian elites who previously continued feuds extra-legally submitted to the law courts, which offered an arena for dispute resolution. Ultimately, the rule of law in the Athenian demokratia upheld Athenian law, created a legal framework, and allowed personal and political disputes to be settled before they dissolved into stasis, offering the Athenian demokratia its most successful mechanism for creating social, political, and legal, stability.</p>

scholarly journals The Rule of Law as Political Philosophy

NUTA Journal ◽  
2018 ◽  
Vol 5 (1-2) ◽  
pp. 95-105
Author(s):  
Gopal Prasad Dahal
Keyword(s):  
Political Philosophy ◽  
Rule Of Law ◽  
Fundamental Rights ◽  
Economic Resources ◽  
Respect For Persons ◽  
The Rule Of Law ◽  
Power Rule ◽  
Modern Natural ◽  
The Law ◽  
Political Foundations

In social science, rule of law indicates one of the most subjective and value loaded concepts. From the pragmatic vantage point, rule of law represents procedural device. This paper thus tried to appraise rule of law from philosophical perspectives. Based on literature review, my appraisal highlights that rule of law lays down under fundamental requirements for law by which those with power rule under the law. And for the citizen, the rule of law is both prescriptive (i.e. dictating the conduct required by law) and protective (i.e. demanding that government acts according to law) of the citizens. The notion of the rule of law is dependent upon the political foundations of a state that tailored to the concept upon a nation’s economic resources. Here is why, rule of law must follow political philosophy or ancient/modern natural law thought that corresponded good and equitable. And the rule of law must not to be confused with democracy, justice, equality (before the law or otherwise), human rights of any kind or respect for persons or for the dignity of the citizens. However, critical philosopher claimed that rule of law neither says about how the law is to be made by tyrants for democratic majorities nor says about ensuring fundamental rights and social justice. They also blamed that the rule of law is an ideological device engaged by those with power to mask the reality of that power in society, and the correlative powerlessness of the mass citizens.

The Technical Support of the Rule of Law of Planning

2012 ◽  
Vol 174-177 ◽  
pp. 2218-2221
Author(s):  
Jian Feng Xu ◽  
Bing Li
Keyword(s):  
Rule Of Law ◽  
City Planning ◽  
Technical Support ◽  
City Development ◽  
The Rule Of Law ◽  
The Law ◽  
The City

The planning theorem, concept and the related methodology in different era directly influenced the consequence of the city planning at that moment. They are the technical supports to realize the law of city planning. The sound interaction of city planning and city development is always one people are pursuing for. Whereas the city planning is the prerequisite of city development, and it needs corresponding planning theorem and approach to be its technical supports.

scholarly journals The “Falun Gong Problem”: Politics and the Struggle for the Rule of Law in China

2003 ◽  
Vol 175 ◽  
pp. 623-642 ◽  
Author(s):  
Ronald C. Keith ◽  
Zhiqiu Lin
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Legal Framework ◽  
Falun Gong ◽  
The Rule Of Law ◽  
Human Rights Protection ◽  
Criminal Justice Reform ◽  
The Us ◽  
Recent Reform ◽  
The Law

This article examines the CCP's “falun gong problem” with reference to PRC law and policy on “heretical cults,” paying particular attention to the implications of this problem for the ongoing struggle to establish human rights under the rule of law. Official PRC commentary contends that the falun gong not only committed criminal acts but also wilfully sought to undermine the rule of law itself. Human rights critics and agencies, such as the US Commission on International Religious Freedom, have, on the other hand, attacked the PRC for a “repressive legal framework” that threatens human rights. The “falun gong problem” is an important chapter in the struggle for the rule of law in China, and it appears that the law has not been able to transcend the conceptual bias of past criminal law on counter-revolution. The related politicization of the law through a revived principle of “flexibility” challenges the internal process of criminal justice reform and the recent reform focus on the balance of human rights protection and public order.

scholarly journals Law compliance and enforcement in doing business to follow the rule of law in the market economy of Viet Nam

2020 ◽  
Vol 3 (4) ◽  
pp. 478-487
Author(s):  
Vien The Giang
Keyword(s):  
Market Economy ◽  
Rule Of Law ◽  
Legal Framework ◽  
The Rule Of Law ◽  
Doing Business ◽  
The Law ◽  
The Government ◽  
Role Of The Government ◽  
And Control

Based on the theory of agency problem and the relation between the government and market, this paper analyzes and evaluates the practice of law compliance and enforcement in doing business of enterprises. It is necessary to strengthen the law compliance and enforcement to enterprises, thereby ensuring the rule of law in business organization and operations. The results show that the regime of legal representative significantly affects the law compliance and enforcement of enterprises. In addition, the role of the government in enacting, modifying, and enforcing law of investment or doing business can negatively affect the the law compliance and enforcement of enterprises. Therefore, it is of importance to design a legal framework to monitor the behavior of legal representatives of enterprises and control the unreasonable intervention of the government in relationships in a market economy.

LEGAL ESSENCE OF ANCIENT PROVERBS AND SAYS AND THEIR SOCIAL SIGNIFICANCE

2020 ◽  
Author(s):  
Angela Dranishnikova ◽  
Ivan Semenov
Keyword(s):  
Public Sphere ◽  
Rule Of Law ◽  
Social Significance ◽  
The Rule Of Law ◽  
The Public ◽  
Moral Standards ◽  
The Social ◽  
The Law ◽  
The Public Sphere ◽  
Status Position

The national legal system is determined by traditional elements characterizing the culture and customs that exist in the social environment in the form of moral standards and the law. However, the attitude of the population to the letter of the law, as a rule, initially contains negative properties in order to preserve personal freedom, status, position. Therefore, to solve pressing problems of rooting in the minds of society of the elementary foundations of the initial order, and then the rule of law in the public sphere, proverbs and sayings were developed that in essence contained legal educational criteria.

scholarly journals European prosecution between cooperation and integration: The European Public Prosecutor’s Office and the rule of law

2021 ◽  
pp. 1023263X2110059
Author(s):  
Valsamis Mitsilegas
Keyword(s):  
Rule Of Law ◽  
Judicial Review ◽  
Legal Framework ◽  
Legal Certainty ◽  
The Rule Of Law ◽  
Applicable Law ◽  
European Public ◽  
Judicial Protection ◽  
Current Rule ◽  
Academic Debate

The article will examine the challenges that the establishment of the European Public Prosecutor’s Office poses for the rule of law – a question which has been underexplored in the policy and academic debate on the establishment of the EPPO, which focused largely on questions of structure and powers of the EPPO and the battle between intergovernmental and supranational visions of European prosecution. The implications of the finally adopted legal framework on the EPPO on the rule of law will be analysed primarily from the perspective of the rule of law as related to EPPO investigations and prosecutions and their consequences for affected individuals – in terms of legal certainty and foreseeability, protection from executive arbitrariness, effective judicial protection and defence rights. The article will undertake a rule of law audit of the EPPO by focusing on three key elements of its legal architecture – the competence of the EPPO, applicable law and judicial review – and the interaction between EU and national levels of investigation and prosecution that the EPPO Regulation envisages. The analysis will aim to cast light on the current rule of law deficit in a hybrid system of European prosecution located somewhere between co-operation and integration.

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