scholarly journals A Survey of Proprietorship, Continental Bureaucratic Empires, and the Culture of Power, in South Asian History

2006 ◽  
Vol 45 (3) ◽  
pp. 327-339
Author(s):  
Ilhan Niaz
Keyword(s):  
South Asian ◽  
Rule Of Law ◽  
Private Property ◽  
State Structure ◽  
The Rule Of Law ◽  
South Asian History ◽  
Modern Economy ◽  
Technological Base ◽  
Asian History ◽  
The Relationship

This historical survey examines the relationship between proprietorship, state structure, and cultures of power, over the broad expanse of South Asian History. In doing so the focus is kept upon the major Indian empires (Maurya, Delhi Sultanate, Mughal, British). The paper maintains that in continental bureaucratic empires that manifest arbitrary cultures of power the rulers perceive the state and the country as a personal estate. Consequently, the level of insecurity even within the elite, which can be dispossessed by the ruler, is remarkably high. Pervasive insecurity means that the incentives to work, save, and invest, are greatly diminished, and the creativity and enterprise that sustain qualitative improvement in the economic and technological base are by and large lacking. This pattern manifests itself more or less consistently until the British period when, for a number of reasons, private property, the rule of law, and other reforms are introduced. A new dynamic gains momentum an the basis for a modern economy are laid.

scholarly journals PROPERTY AND THE RULE OF LAW

Legal Theory ◽  
2014 ◽  
Vol 20 (2) ◽  
pp. 79-105 ◽  
Author(s):  
Lisa M. Austin
Keyword(s):  
Property Rights ◽  
Rule Of Law ◽  
Private Property ◽  
Common Law ◽  
Civil Liberties ◽  
Private Property Rights ◽  
The Rule Of Law ◽  
Substantive Content ◽  
The Relationship ◽  
New Framework

This paper offers a new framework for thinking about the relationship between the common law of property and the rule of law. The standard way of framing this relationship is within the terms of the form/substance debate within the literature on the rule of law: Does the rule of law include only formal and procedural aspects or does it also encompass and support substantive rights such as private property rights and civil liberties? By focusing on the nature of common-law reasoning, I wish to question the form/substance dichotomy that frames this debate and to show that the formal aspects of the rule of law are in fact principles widely adopted within the practice of common-law reasoning and as such play a large role in shaping the substantive content of common-law property rights. Understanding this has implications beyond the relationship between property law and the rule of law.

The Relationship between Constitutions, Socioeconomics, and the Rule of Law: A Quantitative Thermodynamic Approach

2021 ◽  
Author(s):  
Klaus Jaffe ◽  
Antonio Canova ◽  
Jose Gregorio Contreras ◽  
Ana Cecilia Soares ◽  
Juan Carlos Correa ◽  
...  
Keyword(s):  
Rule Of Law ◽  
Thermodynamic Approach ◽  
The Rule Of Law ◽  
The Relationship

scholarly journals When the Subaltern Took the Postcolonial Turn

2007 ◽  
Vol 17 (2) ◽  
pp. 130-147
Author(s):  
John Roosa
Keyword(s):  
Social Theory ◽  
South Asian ◽  
Research Agenda ◽  
Original Research ◽  
Subaltern Studies ◽  
Colonial India ◽  
Series Editor ◽  
South Asian History ◽  
Research Agendas ◽  
Asian History

Abstract This essay evaluates the changing research agendas of Subaltern Studies, an influential series of books on South Asian history that began in 1982. The essay criticizes the original research agenda as articulated by the series editor, Ranajit Guha, and the subsequent agenda proposed by several members of the Subaltern Studies collective. Guha initially proposed that studies of colonial India understand power in terms of unmediated relationships between “the elite” and “the subaltern” and endeavour to answer a counterfactual question on why the “Indian elite” did not come to represent the nation. The subsequent agenda first formulated in the late 1980s, while jettisoning Guha’s strict binaries and crude populism, has not led to any new insights into South Asian history. The turn towards the issues of modernity and postcolonialism has resulted in much commentary on what is already known. Some members of the collective, in the name of uncovering a distinctly “Indian modernity” and moving beyond Western categories, have reified the concept of modernity and restaged tired old debates within Western social theory.

scholarly journals Correlation of Law and Order in Society

2020 ◽  
Vol 37 (64) ◽  
pp. 53-61
Author(s):  
Gabdrakhman H. Valiev ◽  
Sergey V. Kondratyuk ◽  
Natalia A. Prodanova ◽  
Irina A. Babalikova ◽  
Kermen I. Makaeva ◽  
...  
Keyword(s):  
Rule Of Law ◽  
Justice System ◽  
Modern Society ◽  
Legal Regulation ◽  
Law And Order ◽  
The Rule Of Law ◽  
Human Rights Organizations ◽  
Relationship Of ◽  
The Relationship ◽  
Concrete Reality

The problem of the relationship of law and order is relevant to any modern society. The article tries to analyze this relationship, taking into account judicial, police and other activities. The named concepts are closely interconnected, but are not identical. They are correlated as cause and effect: there is a rule of law, there is no rule of law. One suggests the other. The rule of law as concrete reality logically precedes the rule of law as a doctrine, the connection here is hard, causal. The process is one. Law and order: a real indicator of the state of legality, reflects the degree of compliance with the laws, the requirements of all legal regulations. It is concluded that the rule of law is the end result of the implementation of legal requirements and, at the same time, the objective of legal regulation, since it is for the formation and maintenance of the rule of law that laws are issued, thus like other regulatory legal acts, various institutions and bodies and, above all, the justice system, the control system, various human rights organizations and social movements.

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