scholarly journals Thomas Jefferson, I dilemmi della democrazia americana, translated and edited by Alberto Giordano, with a preface by Dino Cofrancesco (Novi Ligure: Città del Silenzio, 2007)

2010 ◽  
Vol 5 (1) ◽  
Author(s):  
Pierluigi Chiassoni
Keyword(s):  
Civil Society ◽  
Rule Of Law ◽  
Organized Crime ◽  
Coming Out ◽  
Common Good ◽  
Social Economic ◽  
Major Drawback ◽  
The Rule Of Law ◽  
History Of ◽  
The Common

The history of the Italian Republic has been a history of a remarkable cultural, social, economic, and legal progress for almost thirty years. Of course, many serious issues were left unattended (organized crime and the limits of political immorality rate among the foremost); but, on the whole, the balance was not so bad (our Constitution and our laws concerning judicature, divorce, abortion, and the national health service, for instance, were taken as examples by other European countries coming out from dictatorships and cultural depression). Terrorism, in the 1970s-1980s, was (taken as) a major drawback; in any case, terrorists on both extremes were finally, and utterly, defeated with the sole arms of the rule of law (no “special renditions”, no torture, no special military tribunals were resorted to as “necessary evils”, like in the dark global times following September 11), supported by a conscious and responsible civil society. The political establishment, however, did not grow up in morality, responsibility, and sense for the common good at the same pace of the most advanced sectors of civil society.

Dilemmas of Democratisation from Legal Revolutions to Democratic Constitutionalism?

2012 ◽  
Vol 81 (4) ◽  
pp. 437-470 ◽  
Author(s):  
Paul Blokker
Keyword(s):  
Rule Of Law ◽  
Common Good ◽  
Democratic Politics ◽  
East Central Europe ◽  
East Central ◽  
Constitutional Review ◽  
The Rule Of Law ◽  
The Common ◽  
Higher Law ◽  
Public Views

The ideas of the rule of law and constitutionalism have become an intrinsic part of any process of democratisation around the world. This was equally the case in the radical changes that occurred in East-Central Europe (ECE) around the year of 1989. The adherence in the region to a form of “new constitutionalism” has been frequently seen as an indispensable contribution to the processes of democratisation. However, in this too little attention has been paid to the dilemmas, tensions and perverse effects that may emerge in the institutionalisation and practice of new constitutionalism, not least in terms of an enduring tension between constitutionalism as an ordering and stabilising device and democracy as an uncertain and indeterminate process of verification of public views on the common good. The experiences in ECE since 1989 with regard to new constitutionalism are ambiguous. It is undeniable that an emphasis on a higher law with entrenched rights and robust constitutional review has involved important “corrections” of certain outgrowths of democratic politics and in this prevented forms of “tyranny of the majority” or the endangering of the guarantee of universal rights. But it is equally true that new constitutionalism has been adopted at a price, not least with regard to the emergence of more widespread, publicly shared constitutional cultures as well as in terms of underexplored potentials of democratic constitutionalism and endorsement of civic engagement in the region. Democratic dilemmas and perverse effects have emerged in terms of domestic tensions, in particular regarding democratic debilitation, but also stem from tensions with legal orders beyond the national arena.

Social Historian

2018 ◽  
Author(s):  
W. B. Patterson
Keyword(s):  
Early Modern ◽  
Common Good ◽  
Social Economic ◽  
Early Modern England ◽  
Alphabetical Order ◽  
Cultural Contexts ◽  
The Social ◽  
Biographical Dictionary ◽  
History Of ◽  
The Common

Fuller’s History of the Worthies of England (1662), the first biographical dictionary in England, was published after his death. Fuller relied heavily on books and documents, but he also traveled widely, interviewing the most knowledgeable persons he could find and gaining knowledge first-hand of his country’s commodities, enterprises, buildings, and natural features. The work is organized on a county-by-county basis, and the notable individuals are listed in chronological, rather than alphabetical order. The result is a treatment of notable persons across many centuries in the context of the social, economic, political, and cultural contexts in which they lived. Fuller saw England as distinguished in many ways by industriousness and ingenuity as well as by a concern for the common good. The Worthies is one of the most original historical works in early modern England and is unexcelled as an analysis of the society that Fuller and his contemporaries knew.

‘The Law of Nations Is Common to All Mankind’

2018 ◽  
Author(s):  
Susan Longfield Karr
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Common Good ◽  
Legal Theory ◽  
The Rule Of Law ◽  
Law Of Nations ◽  
The Common ◽  
Fundamental Categories ◽  
Ius Gentium ◽  
Universal Rule

For humanist sixteenth-century jurists such as Guillaume Budé, Ulrich Zasius, Andrea Alciati the ‘rule of law’ was central. In response to the use of law and legal theory to legitimize arbitrary forms of authority, they called for substantive reforms in legal education and practice, which could alleviate the dangers of masking the arbitrary will of rulers with the language of security, utility, and the common good. By focusing on fundamental categories such as ius, natural law, and ius gentium they effectively argued for a universal ‘rule of law’ that could hold political and legal authorities to a higher criterion of justice. In so doing, they redefined fundamental legal categories, ideas, and terms that continue to underpin and structure modern understandings of universal jurisprudence and international law to this day.

scholarly journals Polish Evangelical Churches Contribution to Building a Civil Society

2016 ◽  
Vol 5 (1) ◽  
pp. 213-225
Author(s):  
Karolina Czech
Keyword(s):  
Civil Society ◽  
Social Engagement ◽  
Common Good ◽  
Church Membership ◽  
Baptist Church ◽  
History Of Christianity ◽  
Evangelical Churches ◽  
History Of ◽  
The Common

The article contains considerations concerning a role of Churches and religion in building the civil society, bringing the readers closer to the specific movement in the history of Christianity which is evangelicalism and to Churches and communities that have grown out of this movement. The author concentrates mainly on Poland, pointing out that for Poles faith and Church membership is still a very important thing. In the article there are presented two examples of evangelical Churches, i.e., the Pentecostal Church in Poland and the Baptist Church in Poland; their interest in the common good and social engagement as well as their effort put into educating children to be responsible citizens has been underlined.

Rule of Law and Common Law

2020 ◽  
pp. 166-188
Author(s):  
Mike McConville ◽  
Luke Marsh
Keyword(s):  
Criminal Justice ◽  
Rule Of Law ◽  
Policy Making ◽  
Common Law ◽  
The Rule Of Law ◽  
History Of ◽  
The Common ◽  
Locus Classicus ◽  
Law Making

This chapter argues that the conflict earlier described between the executive and the judiciary should reset the debate about the meaning of the ‘rule of law’. To this end, it explores the implications that the history of the Judges’ Rules has for both the ‘Rule of Law’ and the role of judges in relation to the common law. By shedding light on the ambiguous nature of the Rules, it first questions whether they were ‘law’, and if so, whether judges could be said to legitimate authors of them—itself a controversial and heavily contested notion. In this regard, it examines the principal justifications for judicial law-making, and questions how these might relate to other major judicially created or endorsed features of the modern criminal justice landscape, namely, state-induced guilty pleas and the Criminal Procedure Rules (CrimPR). Additionally, it challenges the locus classicus of Tom Bingham as to the meaning of the ‘Rule of Law’. By focusing on the ignored value of adversarial proceedings, it demonstrates how Bingham’s celebrated analysis of the Rule of Law is flawed and its list of ‘ingredients’ left wanting. In consequence, it argues that those transformative initiatives conceived outside formal adversary structures (including the Judges’ Rules, state-induced guilty pleas, and the CrimPR) cannot meet the tests of legitimate policy-making or the rule of law. The chapter ends by looking beyond the debate on judicial law-making in order to address a related deep-seated problem that arises from judges’ involvement in setting criminal justice policy: their entrenched homogeneity.

John Locke—Theorist of Limiting and Supervising Political Power by Citizens

2021 ◽  
Vol 31 (2) ◽  
pp. 49-65
Author(s):  
Adriana Neacșu ◽  
Keyword(s):  
Rule Of Law ◽  
Common Good ◽  
John Locke ◽  
Political Power ◽  
Use Of Force ◽  
Political Regime ◽  
The Rule Of Law ◽  
The Social ◽  
Social Pact ◽  
The Common

This paper aims to analyze John Locke’s ideas on the limited political mandate of the institutions of power, and the need for their supervision and sanctioning by citizens when they violate their duties. It emphasizes the topicality of these ideas, pointing out that they represent two fundamental principles in the functioning of the rule of law, defining the current democracies. Locke justified them starting from the hypothesis that society was founded by people through a deliberate pact, so that the common good could be promoted more effectively, and the legitimacy of political power is conditioned by the observance of this task. Therefore, if political power violates the social pact, it can be overthrown by citizens even by force. The author then raises the question if the use of force to change a political regime can still be justified today. Her answer is that this is an objective mechanism, which appears implacably in all unjust societies, and the only way to defuse it is for states to permanently respect the rights and freedoms of all citizens.

On the Liberty of the English: Adam Smith’s Reply to Montesquieu and Hume

2021 ◽  
pp. 009059172110397
Author(s):  
Paul Sagar
Keyword(s):  
Rule Of Law ◽  
Legal History ◽  
Adam Smith ◽  
Common Law ◽  
The Rule Of Law ◽  
Administration Of Justice ◽  
History Of ◽  
Status Goods ◽  
The Common ◽  
Nuanced Understanding

This essay has two purposes—first, to identify Adam Smith as intervening in the debate between Montesquieu and Hume regarding the nature, age, and robustness of English liberty. Whereas Montesquieu took English liberty to be old and fragile, Hume took it to be new and robust. Smith disagreed with both: it was older than Hume supposed, but not fragile in the way Montesquieu claimed. The reason for this was the importance of the common law in England’s legal history. Seeing this enables the essay’s second purpose: achieving a more thorough and nuanced understanding of Smith’s account of liberty. This requires us to go beyond repeating Smith’s famous claim that modern liberty was the result of the feudal barons trading away their wealth and power for inane status goods. As I demonstrate, this is only one part of a much wider story: of liberty requiring, and also being constituted by, the rise of the regular administration of justice, and ultimately the rule of law. Although Smith’s history of the English courts and common law has been almost entirely neglected by scholars, it is indispensable to understanding both his reply to Montesquieu and Hume and his wider political theory of modern freedom.

scholarly journals ANALISIS PENGARUH PERSAINGAN USAHA PASAR TRADISIONAL TERHADAP PASAR MODERN PERATURAN DAERAH KOTA MEDAN

2018 ◽  
Vol 13 (2) ◽  
pp. 103-111
Author(s):  
Fajriawati Fajriawati
Keyword(s):  
Empirical Research ◽  
Rule Of Law ◽  
Common Good ◽  
Market Competition ◽  
Shopping Centers ◽  
Local Regulation ◽  
The Rule Of Law ◽  
Traditional Markets ◽  
Traditional Market ◽  
The Common

The Effect of Traditional Market Competition on Modern Market in Local Regulation No. 53 / M-DAG / PER / 12/2008 concerning the arrangement and development of traditional markets and Shopping Centers and Modern Stores. And in article 2 of Law Number 5 Year 1999 we can see how the arrangement and layout of service, layout, business license for the common good. From the results of this study using the Normative Research and Empirical Research. The closer to legislation that focuses on the rule of law as its central to know the Influence Analysis of Competition of traditional market in this case policy related to license of establishment of modern market is not comprehensive because related to partnership as mandated in Perpres and permendagri not regulated further. Regulations on partnerships can maintain traditional markets that are fundamental to eliminating the disparity between modern markets.

The Rule of Law, the International Legal Order, and the Foreign Policy of Small States

2020 ◽  
Vol 10 (1) ◽  
pp. 50-67
Author(s):  
Sundaresh MENON
Keyword(s):  
Rule Of Law ◽  
Common Good ◽  
Legal Order ◽  
Small States ◽  
The Rule Of Law ◽  
Major Powers ◽  
International Legal Order ◽  
International Obligations ◽  
The Common ◽  
International Rule

AbstractThe rule of law bears a special meaning in the context of the international legal order, where there is no clear vertical hierarchy or sovereign. The international rule of law strives to curb the excess autonomy of individual states for the common good. Although there is considerable scepticism about whether the international rule of law actually exists, states largely do behave as if international law is truly “law”, and international obligations are also more enforceable now than ever before. But there have been and will be moments when the international rule of law is interrupted by major powers. In an interdependent world that is both capable of and prone to inflicting unimaginable destruction, the strategy for small states unable to defend themselves directly is to create the conditions that will best promote their survival, and that is accomplished by pursuing and promoting the rule of law both domestically and internationally.

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