“I'd make thee eat the mischief thou hast vented”: Discourse of Law in Ben Jonson's Catiline His Conspiracy

2017 ◽  
Vol 24 (1) ◽  
pp. 22-45
Author(s):  
Akihiko Shimizu
Keyword(s):  
Early Modern ◽  
Political Discourse ◽  
Legal Discourse ◽  
The State ◽  
The Political ◽  
State Of Emergency ◽  
Gunpowder Plot ◽  
Effective Use ◽  
Legal Procedures ◽  
The Way

This essay explores the discourse of law that constitutes the controversial apprehension of Cicero's issuing of the ultimate decree of the Senate (senatus consultum ultimum) in Catiline. The play juxtaposes the struggle of Cicero, whose moral character and legitimacy are at stake in regards to the extra-legal uses of espionage, with the supposedly mischievous Catilinarians who appear to observe legal procedures more carefully throughout their plot. To mitigate this ambivalence, the play defends Cicero's actions by depicting the way in which Cicero establishes the rhetoric of public counsel to convince the citizens of his legitimacy in his unprecedented dealing with Catiline. To understand the contemporaneousness of Catiline, I will explore the way the play integrates the early modern discourses of counsel and the legal maxim of ‘better to suffer an inconvenience than mischief,’ suggesting Jonson's subtle sensibility towards King James's legal reformation which aimed to establish and deploy monarchical authority in the state of emergency (such as the Gunpowder Plot of 1605). The play's climactic trial scene highlights the display of the collected evidence, such as hand-written letters and the testimonies obtained through Cicero's spies, the Allbroges, as proof of Catiline's mischievous character. I argue that the tactical negotiating skills of the virtuous and vicious characters rely heavily on the effective use of rhetoric exemplified by both the political discourse of classical Rome and the legal discourse of Tudor and Jacobean England.

scholarly journals “Governance” em Tempo de Pandemia: Um Enquadramento Filosófico

2020 ◽  
Vol 14 ◽  
pp. 141-155
Author(s):  
Orlando Coutinho ◽  
◽  
Keyword(s):  
Social Space ◽  
The State ◽  
The Political ◽  
Health Issues ◽  
Human Beings ◽  
State Of Emergency ◽  
Political Actors ◽  
Western Democracies ◽  
The Way

The way in which an unknown virus has moved from a local to a global case, taking on a pandemic outline, has caused significant changes in the lives of all human beings. Firstly, for that reason, it is unknown, then because behind the ignorance comes mistrust and fear. Nowadays, these ingredients are - in the political-social space - substance for the biggest factors of action and decision of the actors of the power. Have we been in a war context, as some have said? Was confinement, global and so prolonged, really necessary? Was decreeing a state of emergency essential? Were the exception measures proportional? And are they reversible? This article aims, in the way of the ideas of several authors that thinking about the political philosophical role of health contexts, of exception state, and of political control of the State, in face of public health issues and not only, understand the “state of the art” in the way of governing western democracies, in the firstly, but flying over other geographies and systems as the virus has assumed global contours. And, by means of the concrete measures, politically adopted, by the different political actors, what real impacts they had on the life and the institutions working, and on the psychology of the persons individually or socially considered.

Turkestan and the Rise of Eurasian Empires

2018 ◽  
Author(s):  
Ali Anooshahr
Keyword(s):  
Sixteenth Century ◽  
Early Modern ◽  
Central Asia ◽  
Case Studies ◽  
Political Discourse ◽  
The Political ◽  
The Way

It has long been known that the origins of the early modern dynasties of the Ottomans, Safavids, Mughals, Mongols, and Shibanids in the sixteenth century go back to “Turco-Mongol” or “Turcophone” war bands. However, too often has this connection been taken at face value, usually along the lines of ethnolinguistic continuity. The connection between a mythologized “Turkestani” or “Turco-Mongol” origin and these dynasties was not simply and objectively present as fact. Rather, much creative energy was unleashed by courtiers and leaders from Bosnia to Bihar (with Bukhara and Badakhshan along the way) in order to manipulate, invent, and in some cases disavow the ancestry of the founders of these dynasties. Essentially, one can even say that Turco-Mongol progenitors did not beget the Ottoman, Safavid, Mughal, Mongol, and Shibanid states. Quite the contrary, one can say that historians writing in these empires were the ancestors of the “Turco-Mongol” lineage of their founders. Using one or more specimens of Persian historiography, in a series of five case studies, each focusing on one of these nascent polities, the book intends to show how “Turkestan,” “Central Asia,” and “Turco-Mongol” functioned as literary tropes in the political discourse of the time.

scholarly journals Danska ríkisráðið og íslensk stjórnmál 1874–1915

2018 ◽  
Vol 14 (2) ◽  
pp. 45-68
Author(s):  
Birgir Hermannsson
Keyword(s):  
Political Discourse ◽  
The State ◽  
The Political ◽  
State Council ◽  
Self Rule ◽  
Definition Of ◽  
The Way

The main purpose of this article is to trace the debate in Iceland about the inclusion of the minister of Iceland in the Danish state council from 1874 to 1915. This debate concerned the interpretation of the Danish Positional Law and whether the Danish Constitution was in some regards also enforceable in Iceland. The state council was included in the Icelandic constitution in 1903 and proposed changes hotly debated until 1915. To understand this debate the political discourse on the state council is analyzed and its role in the wider struggle for independence. The Icelandic opposition to the state council was based on the definition of specific Icelandic issues apart from Danish ones in the Positional law and the proposition that the state council was a Danish institution defined by the Danish constitution. It was therefore against Icelandic self-rule to discuss and decide on specific Icelandic issues in a Danish institution. During the independence struggle Icelanders had to decide whether the state council clause was a matter of principle and should therefore stand in the way of agreement with Denmark or whether a more pragmatic view should be taken. The disagreement was therefore not only between Iceland and Denmark but also a source of conflict and disagreement within Iceland.

scholarly journals The Power of Political Cartoons: A Case Study of Zunar’s ‘Twit Twit Cincin’

2021 ◽  
Vol 37 (1) ◽  
pp. 146-180
Author(s):  
Roslina Abdul Latif ◽  
◽  
Sojoud Elgarrai ◽  
Keyword(s):  
Visual Rhetoric ◽  
Social Issues ◽  
Institutional Reform ◽  
The State ◽  
Political Cartoons ◽  
The Political ◽  
Works Of Art ◽  
The Way

The following study of selected works of art by Zulkiflee Anwar Haque or better known as Zunar, a Malaysian political cartoonist from his book ‘Twit Twit Cincin’. This study is guided by the visual rhetoric theory that has three areas of study - nature, function and evaluation. The study looks at selected cartoons that addressed political figures, politics and social issues. The research looked at the way the caricatures portrayed Malaysian politicians, his perspectives on the political and social issues and how these issues were addressed. The researcher also looked at metaphors used by the cartoonist to communicate his ideas to the audiences. The study found that Zunar’s portrait of Malaysian politicians is not always positive. He is critical but not in an inflammatory way. The metaphors found in Zunar’s work are found to be common themes and simple to understand. They are also very well-known, visually appealing and a tool to tie his messages together and to get his ideas across. Zunar has managed to resist the oppression of the state through his cartoons while looking at institutional reform, puts forth an alternative articulation of history and nation that juxtapose the current government. Keywords: Zunar, political cartoonist, political and social issues, Twit Twit Cincin, metaphors.

The (Mixed) Times of Revolution

2016 ◽  
Author(s):  
Jaime Rodríguez Matos
Keyword(s):  
Political Change ◽  
The State ◽  
The Political ◽  
Jose Lezama Lima ◽  
Difficult Question ◽  
Revolutionary Politics ◽  
Political Foundations ◽  
The One ◽  
The Way

This chapter examines the role of Christianity in the work of José Lezama Lima as it relates to his engagement with Revolutionary politics. The chapter shows the multiple temporalities that the State wields, and contrasts this thinking on temporality with the Christian apocalyptic vision held by Lezama. The chapter is concerned with highlighting the manner in which Lezama unworks Christianity from within. Yet its aim is not to prove yet again that there is a Christian matrix at the heart of modern revolutionary politics. Rather, it shows the way in which the mixed temporalities of the Revolution, already a deconstruction of the idea of the One, still poses a challenge for contemporary radical thought: how to think through the idea that political change is possible precisely because no politics is absolutely grounded. That Lezama illuminates the difficult question of the lack of political foundations from within the Christian matrix indicates that the problem at hand cannot be reduced to an ever more elusive and radical purge of the theological from the political.

The Scholastic and Conciliar Roots of Samuel Rutherford’s Political Philosophy

2020 ◽  
pp. 208-226
Author(s):  
Simon J. G. Burton
Keyword(s):  
Political Philosophy ◽  
Political Theory ◽  
Civil Wars ◽  
Political Thought ◽  
Political Discourse ◽  
The Political ◽  
The Way

Samuel Rutherford’s Lex Rex remains a source of perennial fascination for historians of political thought. Written in 1644 in the heat of the Civil Wars it constitutes an intellectual and theological justification of the entire Covenanting movement and a landmark in the development of Protestant political theory. Rutherford’s argument in the Lex Rex was deeply indebted to scholastic and Conciliarist sources, and this chapter examines the way he deployed these, especially the political philosophy of John Mair and Jacques Almain, in order to construct a covenantal model of kingship undergirded by an interwoven framework of individual and communal rights. In doing so it shows the ongoing influence of the Conciliarist tradition on Scottish political discourse and also highlights unexpected connections between Rutherford’s Covenanting and his Augustinian and Scotistic theology of grace and freedom.

The Sound of Constitutional Silence

City, State ◽  
2020 ◽  
pp. 17-50
Author(s):  
Ran Hirschl
Keyword(s):  
Collective Identity ◽  
Constitutional Law ◽  
Political Discourse ◽  
Public Law ◽  
The State ◽  
The Political ◽  
Human Sciences ◽  
Comparative Constitutional Law ◽  
Spatial Governance ◽  
Constitutional Discourse

This chapter examines four introductory dimensions of the political and constitutional discourse around cities. The first is the tremendous interest in cities throughout much of the human sciences as contrasted with the silence of public law in general, and of comparative constitutional law in particular. Next, the chapter takes a look at the dominant statist stance embedded in constitutional law, in particular as it addresses sovereignty and spatial governance of the polity. A brief account of what national constitutions actually say about cities, and more significantly what they do not is then given. Finally, the chapter turns to the tendency in political discourse on collective identity to understand the “local” almost exclusively at the national or regional levels, rather than distinguishing urban interests from those of the state. Taken together, the four angles of city constitutional (non)status examined here highlight the bewildering silence of contemporary constitutional discourse with respect to cities and urbanization, as well as the strong statist outlook embedded in national constitutional orders, effectively rendering the metropolis a constitutionally non-tenable entity.

Seeing the State

2018 ◽  
pp. 124-165
Author(s):  
Jelle J.P. Wouters
Keyword(s):  
Political Conflict ◽  
Status Quo ◽  
The State ◽  
The Political ◽  
Men And Women ◽  
Political Status ◽  
Postcolonial State ◽  
Dual Relation ◽  
The One ◽  
The Way

This chapter examines how protracted political conflict shapes the ways ordinary Naga men and women ‘see’ the postcolonial state. For most Nagas, long decades of conflict were marked by a dual relation to the state. On the one hand, they experienced the coercive, repressive powers of the state, while, after the enactment of Nagaland in 1963, the state manifested itself as a source of largesse and livelihood, as part of a politically driven policy of ‘seduction’ to tie Nagas to existing state structures and the political status quo. These historical experiences muddled distinctions between the state as a benevolent provider and protector, and that of a dispenser of bodily violence and misery, between the state as a lucrative resource and reservoir of public resentment. The way Naga villagers engage and ‘see’ the state, I argue, is mediated by this historical ambiguity.

German Constitutional Law and Doctrine on State of Emergency – Paradigms and Dilemmas of a Traditional (Continental) Discourse

2006 ◽  
Vol 7 (5) ◽  
pp. 453-477 ◽  
Author(s):  
András Jakab
Keyword(s):  
Constitutional Law ◽  
Current Issue ◽  
German Literature ◽  
Legal Discourse ◽  
The State ◽  
Legal Issues ◽  
State Of Emergency ◽  
The Law ◽  
German Constitutional Law ◽  
Academic Debate

A foreign jurist, on looking into the German literature on constitutional law, will soon and suddenly be struck by a peculiarity of this scholarship: the unusually strong emphasis on a marginal area of constitutional law, namely, the state of emergency. The inquiry is, of course, well-known in other countries, but the passion for, and the theoretical effort expended on, this marginal area is unique to Germany.However, this disinterest on the part of other constitutional lawyers, and the recent decline in interest on Germany's part, could yet change, turning the marginal area into a highly current issue. Combating terrorism raises questions for which the German patterns of argumentation, fine-tuned in the academic debate on the law of state of emergency, may provide a useful framework for discussion. The questions arising in the context of the struggle against terrorism test the limits of positive regulations in extreme situations, leading ultimately to the same underlying dilemma as the law on state of emergency, though with different terminology. In this sense, the constellation of legal issues involved in combating terrorism could be considered as the law on state of emergency “incognito.” However, the various argumentative patterns for law on state of emergency have not yet been directly transferred into the very timely legal discourse on counterterrorism (and no such attempt is made here), but such a transfer of argumentation suggests itself. As such, the topic has a “potential currency,” even if traditional issues of state of emergency themselves no longer count among the most current issues.

Continuity with Deficiencies: The New Basic Law of Hungary

2013 ◽  
Vol 9 (1) ◽  
pp. 102-138 ◽  
Author(s):  
András Jakab ◽  
Pál Sonnevend
Keyword(s):  
Constitutional Law ◽  
The State ◽  
Fundamental Rights ◽  
Political Community ◽  
The Political ◽  
Basic Law ◽  
The Government ◽  
Democratic Constitution ◽  
Legal Procedures

Hungarian constitutional law – New Basic Law – Continuity with the previous democratic Constitution – Vision of the political community embedded in the new Basic Law – The level of protection of fundamental rights – Continuity and lack of foreseeability in the organisation of the state – European legal procedures against or about Hungary – The life prospects of the new Basic Law – Danger of constitutional crisis whenever the government does not hold a constitution-amending majority

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