scholarly journals Analysis of the Relationship between CCP and Politics and Law in Criminal Litigation of Zhen Peng's Democratic and Legal Thought

2018 ◽  
Author(s):  
Pengfei Li
Keyword(s):  
Legal Thought ◽  
Politics And Law ◽  
The Relationship

Civil Jurisdiction, Settler Politics, and the Colonial Constitution, circa 1840-58

2008 ◽  
Vol 39 (3) ◽  
pp. 497 ◽  
Author(s):  
Damen Ward
Keyword(s):  
Lower Court ◽  
Parliamentary Debates ◽  
Early Colonial ◽  
Responsible Government ◽  
The Supreme Court ◽  
Competing Ideas ◽  
Politics And Law ◽  
The Relationship ◽  
Institutional Relationships

In early colonial politics, decisions about lower court jurisdiction often reflected competing ideas about the relationship between different parts and functions of government. In particular, court structure and jurisdiction could be seen as having important implications for the role and power of the governor. Appreciating the importance of jurisdiction as a way of defining, and arguing about, the distribution and exercise of political and legal authority in the colonial constitution allows connections to be drawn between different elements of settler politics in the 1840s and 1850s. The closing of the Court of Requests by Governor Grey in 1848, and the decisions of the Supreme Court judges in subsequent litigation, provide examples of this. Debate over the role of the governor in emerging systems of representative and responsible government after 1852 contributed to lower court jurisdiction remaining politically significant, particularly in relation to Māori.  This is shown by considering parliamentary debates about the Stafford ministry's 1858 proposals for resident magistrates' jurisdiction over "native districts". The politics of jurisdiction were part of wider contests about the establishment and consolidation of particular political and institutional relationships within the colonial constitution. This multi-faceted construction of government authority suggests a need to reconsider elements of Pākehā colonial politics and law.

Philosophical Analysis and Historical Inquiry

2018 ◽  
Author(s):  
Maksymilian Del Mar
Keyword(s):  
Philosophical Analysis ◽  
Historical Inquiry ◽  
Legal Thought ◽  
The Relationship

This chapter considers the relationship between philosophical analysis and historical inquiry, including the specific virtues that historical inquiry brings, what is lost when theorizing is restricted to philosophical analysis, and why this all matters for theorizing law and legal thought. In other words, the chapter attempts to articulate how historical inquiry is generative theoretically and how it can exist, as part of the broader activity of theorizing, in fruitful tension with philosophical analysis. The approach is based on a particular concept of historical inquiry and its resulting historical insights, which is presented in the first part of the chapter. The second part offers some illustrations of the value of historical inquiry for theorizing law and legal thought.

scholarly journals To the question of the relationship between the government and the population through the prism of history

2021 ◽  
pp. 69-74
Author(s):  
Lilia Alekseyeva ◽  
Svetlana Mayorova
Keyword(s):  
The State ◽  
The Real ◽  
Legal Thought ◽  
The Government ◽  
The Relationship

The article is devoted to the study of the development of political and legal thought, devoted to the problem of the relationship between power and the state, as well as the real implementation of these concepts.

The Relationship between Politics and Law. The function of jus symbioticum in Politica methodice digesta of Johannes Althusius

2020 ◽  
Vol 6 (3) ◽  
pp. 295-306
Author(s):  
Ilaria Pizza
Keyword(s):  
The Political ◽  
The Law ◽  
Politics And Law ◽  
The Relationship

This work aims to clarify how the relationship between politics and law is conceived in Johannes Althusius’ greatest work, Politica methodice digesta. The intention is thus to explain what function the law, specifically defined jus symbioticum - from the attribute συμβιωτική proper to the ars politica -takes on in the various kinds of association that Althusius identified, the political nature of which he emphatically reaffirmed.

X. Gesetzesbruch als Prinzip. Entwicklungslinien des weltanschaulichen Radikalismus in der Führerdiktatur

2015 ◽  
Vol 132 (1) ◽  
pp. 420-440
Author(s):  
Anselm Doering-Manteuffel
Keyword(s):  
World War I ◽  
Constitutional Law ◽  
Third Reich ◽  
World War ◽  
Legal Professionals ◽  
The Third ◽  
Legal Thought ◽  
The Law ◽  
The Third Reich ◽  
The Relationship

Breaking the Law as a Norm: Contours of Ideological Radicalism within the Nazi Dictatorship. This article analyzes the relationship between Nazi legal experts’ efforts to create a canon of constitutional law for the Third Reich and the ideological radicalism characteristic of Hitler and the SS-state. The attempts of legal professionals to establish “völkisch” constitutional law emerged out of the staunch anti-liberalism that had spread throughout Germany since the end of World War I. However, this “völkisch” constitutional law bore no resemblance to rational European legal thought. It not only proved to be ineffective for this reason, but also because the ideological radicalism that reigned supreme in the Third Reich sought to break the law and let lawlessness rule.

The Borders of Corruption

2016 ◽  
pp. 1-15 ◽  
Author(s):  
Rebecca R. Fiske
Keyword(s):  
Legal Order ◽  
State Of Exception ◽  
Executive Power ◽  
The Political ◽  
Constitutional Rights ◽  
Political Consequences ◽  
Form Of Government ◽  
Politics And Law ◽  
The Relationship ◽  
The U.S

The U.S. has been in a state of exception now for many years, and there appears to be no end in sight. There exists an entire generation who has know life under only this form of government, one that, as Giorgio Agamben explains, takes “a position at the limit between politics and law…an ambiguous, uncertain, borderline fringe, at the intersection of the legal and the political.” In the name of security, the characteristic limiting of constitutional rights, the sanctioning of torture, and the proliferating of NSA surveillance are fast becoming the norm. Recently, much has been written concerning the bio-political consequences of an endless state of exception in which the executive power trumps the judiciary, and a new legal order emerges. This chapter will consider the relationship between corruption and the permanent state of exception.

scholarly journals Duty as a defence between civil disobedience and criminal law

2021 ◽  
pp. 547-562
Author(s):  
Laura Ciccozzi
Keyword(s):  
United States ◽  
Criminal Law ◽  
Civil Disobedience ◽  
The United States ◽  
17Th Century ◽  
Legal Thought ◽  
History Of ◽  
The Law ◽  
The Right ◽  
The Relationship

The history of civil disobedience begins in the United States in the 17th century and has evolved during the centuries. The most modern type of civil disobedience, whistleblowing, is emblematic of how the concept has changed over the last decades.The question of which circumstances justify disobedience to the law is one of the most debated in the history of legal thought. The article analyses the relationship between morality and criminal law or, in other words, between the right (and duty) to disobey certain laws and its consequences.

Legal Doctrines in Conflict:

1996 ◽  
Vol 3 (2) ◽  
pp. 234-304 ◽  
Author(s):  
Lutz Wiederhold
Keyword(s):  
Legal Practice ◽  
Law Schools ◽  
Long Period ◽  
Legal Thought ◽  
The Social ◽  
The Law ◽  
The Relationship ◽  
Muslim Scholars

AbstractAccording to Western legal historians, the closing of the door of Ijtihād shortly after the formation of the law schools resulted in a long period of sterility in Islamic legal thought and rigid adherence to traditional rules in legal practice. But what did Muslim scholars have in mind when they used the term Ijtihād? Do the sources point to any change in Muslim jurists' understanding of the notion of Ijtihād? And if so, is this change entirely the result of theoretical debate? Drawing on a wide variety of legal sources, supplemented by historiographical and prosopographical sources from the Mamluk and Ottoman periods, I attempt to answer these questions by drawing attention to the relationship between the debate on Ijtihād and the social and political circumstances and legal practices of particular Muslim societies.

Discussion

1918 ◽  
Vol 12 (2) ◽  
pp. 209-214
Author(s):  
Robert T. Crane
Keyword(s):  
Political Philosophy ◽  
Political Development ◽  
Modern Society ◽  
Political Authority ◽  
The State ◽  
Point Of View ◽  
Philosophy Of Law ◽  
Points Of View ◽  
Politics And Law ◽  
The Relationship

In his admirable analysis of the juristic theory of the state, Dr. Willoughby has said that “analytical political philosophy” views the state “simply as an instrumentality for the creation and enforcement of law.” The point of view from which this philosophy proceeds is thus fixed. It is professedly the legal point of view.It is, however, precisely by peculiar and distinctive points of view from which phenomena are observed, that sciences or philosophies are differentiated one from another. Two philosophies cannot occupy the same standpoint. If there is to be discussion of a philosophy of politics which asserts its viewpoint to be that of a philosophy of law, then it is necessary to define very clearly the relationship between politics and law.As these concepts have been defined by the analytical school, it is obvious that they are intimately connected. By the opponents of this school it may be objected that, when correctly conceived, politics and law are perfectly distinct. It may perhaps be held that what is known as law in modern society is not essentially political at all; but that it has merely happened as an accident of modern political development that a part of the law has received the additional and nonessential sanction of political authority.

scholarly journals RELASI HUKUM DAN POLITIK DALAM SISTEM HUKUM INDONESIA

2013 ◽  
Vol 2 (3) ◽  
pp. 361
Author(s):  
Merdi Hajiji
Keyword(s):  
Legal System ◽  
Descriptive Analysis ◽  
Political Influence ◽  
Legal Positivism ◽  
Political Activity ◽  
Law And Politics ◽  
The Law ◽  
Politics And Law ◽  
Relationship Of ◽  
The Relationship

Berbicara tentang relasi antara hukum dan politik adalah bagaimana hukum bekerja dalam sebuah situasi politik tertentu dan tentang hukum sebagai perwujudan dari keadilan. Tulisan ini membahas bagaimana relasi dua hal tersebut di Indonesia serta faktor-faktor apa saja yang mempengaruhi lahirnya hukum dari aktivitas politik dengan menitikberatkan dalam konteks hubungan antara politik dan hukum, termasuk di dalamnya mengkaji apa pengaruhnya politik terhadap hukum dalam sistem hukum di Indonesia. Dengan menggunakan metode penelitian deskriptif analisis melalui studi kepustakaan, didapatkan kesimpulan bahwa hukum di Indonesia sangat dipengaruhi oleh aliran positivisme yang memandang hukum itu terbatas pada yang tertuang dalam peraturan perundang-undangan, bahkan aliran ini akan terus mengokohkan dirinya dalam perkembangan sistem hukum Indonesia ke depan. Nilai-nilai moral dan etika serta kepentingan rakyat dalam kenyataan-kenyataan sosial di masyarakat hanya sebagai pendorong untuk terbentuknya hukum yang baru melalui perubahan, koreksi serta pembentukan peraturan perundang-undangan yang baru.<p>Discussing about the relationship between law and politics is how the law works in a particular political situation and about the law as the embodiment of justice. This article discuss relationship of law and politics in Indonesia and the factors that influence the laws of political activity with emphasis in the context of the relationship between politics and law, including assessing what political influence against the law in the legal system in Indonesia. By using descriptive analysis through the study of literature, it was concluded that the law in Indonesia is influenced by the flow of legal positivism that sees it is limited to that contained in the legislation, it will continue to flow even establish itself in the development of the Indonesian legal system forward. Moral values and ethics and people’s interest in social realities in society just as the driving force for the formation of the new law through changes, corrections and drafting new legislation.</p>

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