A Genealogy of Modern Law II: The Political Truth of Society

Author(s):  
Jacopo Martire

In the present chapter the author analyses the development of modern law as a system of formalized interconnected rules. The author focuses on three historical events that ushered in the modern constitutional horizon: the English, American, and French revolutions. By scrutinizing how the features of generality, abstraction, equality, and freedom, were differently addressed in the various constitutional debates, the author demonstrates that these features were key in establishing a constitutional system that was both the expression as well as the limit of the social order, while at the same time reflective of diverging socio-political histories and traditions. The author suggests that, beyond their differences, the three revolutions share a common underlying constitutional discourse, which conceives law along the paradigm of the norm and the logic of normalization.

2022 ◽  
Vol 9 (17) ◽  
pp. 197-225
Author(s):  
Hernán Maltz

I propose a close reading on two critical interventions about crime fiction in Argentina: “Estado policial y novela negra argentina” (1991) by José Pablo Feinmann and “Para una reformulación del género policial argentino” (2006) by Carlos Gamerro. Beyond the time difference between the two, I observe aspects in common. Both texts elaborate a corpus of writers and fictions; propose an interpretative guide between the literary and the political-social series; maintain a specific interest in the relationship between crime fiction and police; and elaborate figures of enunciators who serve both as theorists of the genre and as writers of fiction. Among these four dimensions, the one that particularly interests me here is the third, since it allows me to investigate the link that is assumed between “detective fiction” and “police institution”. My conclusion is twofold: on the one hand, in both essays predominates a reductionist vision of the genre, since a kind of necessity is emphasized in the representation of the social order; on the other, its main objective seems to lie in intervening directly on the definitions of the detective fiction in Argentina (and, on this point, both texts acquire an undoubtedly prescriptive nuance).


Author(s):  
John Tolan ◽  
Gilles Veinstein ◽  
Henry Laurens

This chapter examines the fate of the minority Christians in the Muslim countries of Europe and of minority Muslims in Christian countries in the aftermath of conquest. It shows that, once the conquest was achieved, the new subjects had to be integrated into the political and social order. These religious “minorities,” who in actuality were often in the numerical majority immediately after the conquest, were usually granted a protected but subordinate place in society. Theologians and jurists justified their subordination, defining their role with reference to the founding texts (Qur'an, Hadith, Bible, or Roman law). These minorities were sometimes the victims of persecutions, acts of violence, and expulsions, but in general they enjoyed a status where their theoretical inferiority (religious and legal) did not prevent some of them from achieving clear economic and social success.


2021 ◽  
Vol 31 (1) ◽  
pp. 252-279
Author(s):  
Maria Cristina Tortti ◽  

This paper aims at outlining the main processes that, in Argentina’s recent past, may enable us to understand the emergence, development and eventual defeat of the social protest movement and the political radicalization of the period 1960-70s.Here, as in previous papers, we resort to the concept of new left toname the movement that, though heterogeneous and lacking a unified direction, became a major unit in deeds, for multiple actors coming the most diverse angles coincided in opposing the vicious political regime and the social order it supported. Consequently, we shall try to reinstate the presence of such wide range of actors: their projects, objectives and speeches. Some critical circumstances shall be detailed and processes through which protests gradually amalgamated will be shown. Such extended politicization provided the frame for quite radical moves ranging from contracultural initiatives and the classism in the workers’ movement to the actual action of guerrilla groups. Through the dynamics of the events themselves we shall locate the peak moments as well as those which paved the way for their closure and eventual defeat in 1976.


Author(s):  
Christian Lee Novetzke

Explores the sociopolitical world of the Yadava century that served as the context for Marathi literary vernacularization. The Yadavas, also called the Sevunas, were a non-Brahmin dynasty that stabilized their political territory by creating a clientelist Brahminical ecumene. As a system this Brahminical ecumene served the political aims of the non-Brahmin Yadava state. This chapter outlines the social order in which vernacularization would emerge.


2004 ◽  
Vol 40 (1) ◽  
Author(s):  
Marcos Antônio Lopes

Morus não é o criador do pensamento político utópico, mas é o teórico que fez circular o ideal utópico, em sua corrente mais influente. Foi ele quem criou a palavra Utopia. Morus foi o primeiro a criticar a ordem social orientada pela exploração do trabalho e pela força do dinheiro. Ele é crítico da agricultura intensiva que leva à desestruturação das comunidades agrárias. Como Maquiavel, ele transita pela esfera do poder, uma esfera de ligações perigosas. De um modo diferente, ele tentou também separar a ética da política. Este artigo analisa estes aspectos de seu pensamento político. A history of the idea of utopia: reality and imagination in the political thought of Thomas More Abstract Morus is not the creator of the utopian political thought, but it is the theoretical that makes to circulate the utopian ideal, in its more important version. It went him who created to word Utopia. Morus was the first to criticize the social order guided by the exploration of the work and for force of the money. He is critical of the intensive agriculture that upside down the agrarian communities. As Maquiavel, he walk for the sphere of the power, a sphere of dangerous connections. In a different way, he also tried to separate the ethical of the politics. This article analysis these aspects of its political thought.


1973 ◽  
Vol 23 ◽  
pp. 1-25 ◽  
Author(s):  
D. A. L. Morgan

The rise and fall of the house of York is a story which sits uneasily towards both revolutionary and evolutionary interpretations of fifteenth-century England. Indeed, in general, attempts to tidy away the political process of Lancastrian and Yorkist times into the displacement of one type of régime by another always fail to convince. They do so because as a régime neither Lancaster nor York kept still long enough to be impaled on a categorical definition. The political life and death of both dynasties composes the pattern, changing yet constant, of a set of variations on the theme of an aristocratic society pre-dominantly kingship-focused and centripetal rather than locality-focused and centrifugal. In so far as the political process conformed to the social order, the households of the great were the nodal connections in which relationships of mutual dependence cohered. Those retinues, fellowships, affinities (for the vocabulary of the time was rich in terms overlapping but with nuances of descriptive emphasis) have now been studied both in their general conformation and in several particular instances; I have here attempted for the central affinity of the king over one generation not a formal group portrait but a sketch focused on the middle distance of figures in a landscape. The meagreness of household records in the strict sense is a problem we must learn to live with. But it would seem sensible to make a virtue of necessity and follow the life-line of what evidence there is to the conclusion that if an understanding of the household is only possible by attending to its wider context, so an understanding of that wider political scene requires some attention to the household.


2002 ◽  
Vol 37 (2) ◽  
Author(s):  
Marcia Cristina Consolim

Este artigo pretende identificar os fatores que, segundo Voltaire, contribuem para o florescimento e a degeneração do espírito das nações, bem como determinar a relevância das ações do soberano – de seu maior ou menor esclarecimento – nesse processo. Apesar de Voltaire enfatizar a importância dos “grandes homens” na determinação do destino das nações e, além disso, realçar o caráter abrupto e inesperado das transformações históricas, procura-se matizar essas concepções. A intenção é mostrar que Voltaire exprime, também, uma percepção de longo prazo do movimento da história e considera, além da dimensão propriamente política, fatores sociais e culturais na determinação do curso dos acontecimentos. Abstract This paper intends to identify the factors that, according to Voltaire, contribute to the growth and degeneration of the “spirit of nations” as well as to determine the relevance of the actions of sovereigns – the extent of their enlightenment - in this process. Voltaire often emphasizes the importance of “great men” in the destiny of nations, and the abrupt and unexpected nature of historical events. The intent of this paper is to take a more nuanced approach, showing the manner in which Voltaire perceives history as a long process and ponders not only the political aspects, but also the social and cultural dimensions that influence historical events.


2016 ◽  
Vol 45 (4) ◽  
pp. 495-523 ◽  
Author(s):  
Richard Avramenko

This essay analyzes what Alexis de Tocqueville calls an “application of linguistics to history.” Beginning with Tocqueville’s position that language is the ground of meaningful bonds between people, I argue that the internal logic of a language—the grammar—is correlated with the internal logic governing the social order that both begets and is begotten by that language. Social orders therefore have both linguistic and political grammars and, as the internal logic of language changes, so too can the political grammar. This essay thus traces what Tocqueville envisions as the historical importance of language: from the language of aristocracy and the grammar of difference, to revolutionary language and the grammar of concurrence, to democratic language and the grammar of indifference. It concludes with Tocqueville’s suggestion of how good grammar might be taught in democratic ages.


1986 ◽  
Vol 20 (2) ◽  
pp. 233-257
Author(s):  
Lee Sigelman

Classic works of fiction almost always raise “penetrating questions about the foundations and effects of the political regime, i.e. human nature and its implications for society.” But popular fiction, too, can be an instrument of social and political understanding. As Gore Vidal has argued:Writers of fiction, even more than systematic philosophers, tend to reveal unconscious presuppositions. One might even say that those writers who are the most popular are the ones who share the largest number of common assumptions with their audience, subliminally reflecting prejudices and aspirations so obvious that they are never stated and, never stated, never precisely understood or even recognized. John O'Hara is an excellent example of this kind of writer.


1947 ◽  
Vol 9 (1) ◽  
pp. 3-15 ◽  
Author(s):  
Luigi Sturzo

An historical experiment, begun almost a hundred years ago, is, in various phases and crises of development, emerging from die war. It must be based on its own specific theory, or, to put it more correctly, on its own specific philosophy.To avoid ambiguity, let us agree to align the historical outlines of Christian Democracy with the two tendencies which developed among European Catholics in die post-Napoleonic period: first, the political tendency in favor of a constitutional system based on political liberty; second, the social tendency toward the moral, economic and political rehabilitation of the working classes.


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