scholarly journals Locked And Tied: Locking Chain And Change Of Problems

2021 ◽  
Vol 3 (1) ◽  
pp. 18-27
Author(s):  
Kartini ◽  
Alfiah Khoirunisa ◽  
Raihan
Keyword(s):  
The Political ◽  
Freedom Of Information ◽  
Blockchain Technology ◽  
The Law ◽  
Democratic Ideals ◽  
The Relationship

Blockchains are typically named as democratisation technologies, however ever, their relationship with the law and general democratic establishments remains uncertain. First, it compares blockchain technology with the broader theory of transparency. Second, it examines the link between transparency and democracy, and asks how blockchain technology mediates these relationships. Finally, it studies blockchain however technology affects specific manifestations of transparency and freedom of information. The conclusion of this text is that the relationship between transparency and democratic ideals is complex, controversial, and extremely contextual; the “democratized” technical transparency embedded within the blockchain will simply be evidenced in its application. It's undemocratic. while not considering the political gatekeepers and also the legal, social, and cultural desires that support these goals, blockchain technology cannot bring home the bacon the broader goals of transparency.

Political Ideology and the Law Review Selection Process

2020 ◽  
Vol 22 (1) ◽  
pp. 211-240
Author(s):  
Adam Chilton ◽  
Jonathan Masur ◽  
Kyle Rozema
Keyword(s):  
Political Ideology ◽  
Selection Process ◽  
The Political ◽  
The Law ◽  
The Relationship ◽  
Share Of Articles ◽  
Do So

Abstract We investigate the role that political ideology plays in the selection process for articles in law reviews. To do so, we match data on the political ideology of student editors from 15 top law reviews from 1990 to 2005 to data on the political ideology of the authors of accepted articles. We find that law reviews with a higher share of conservative editors accept a higher share of articles written by conservative authors. We then investigate potential explanations for this pattern. One possibility is that editors have a preference for publishing articles written by authors that share their ideology. Another possibility is that editors are objectively better at assessing the contribution of articles written by authors that share their ideology. We find evidence that the latter explanation drives the relationship between editor and author ideology.

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.

The Law and Political Objectives of the European Neighbourhood Policy in the East: A Difficult Marriage or Singing in Unison?

2013 ◽  
Vol 15 ◽  
pp. 619-641
Author(s):  
Nariné Ghazaryan
Keyword(s):  
Legal Framework ◽  
Legal Aspects ◽  
The Political ◽  
Second Phase ◽  
European Neighbourhood Policy ◽  
South Caucasus ◽  
Eu Foreign Policy ◽  
Third Phase ◽  
The Law ◽  
The Relationship

Abstract The European Neighbourhood Policy (ENP) is inherently political in nature. The rationalistic considerations underpinning its launch and subsequent elaboration have necessarily influenced the choice of the legal framework. At the same time, the rules regulating the conduct of EU foreign policy had a reciprocal impact on policy choices made. The legislative and political developments following the ratification of the Lisbon Treaty and the regional split in the policy arguably injected new dynamics into the interaction between the political and legal aspects of the ENP. The chapter traces the relationship between the political objectives and the legal framework of the ENP through three phases of its existence, with a focus on the eastern neighbourhood, comprising Belarus, Ukraine, Moldova and the South Caucasus, as the addressee of the exclusionary rationale of the policy. First, the formulation and the elaboration of the initiative is revisited as the first phase of the existence of the policy. The second phase concerns the ‘Eastern Partnership’ initiative established as a result of the regional split within the policy. The third phase refers to the law and political objectives of the ENP as translated into Article 8 TEU.

Conflicts of Laws and Codes

2019 ◽  
pp. 275-288
Author(s):  
Florian Möslein
Keyword(s):  
Smart Contracts ◽  
Legal Institutions ◽  
Conflict Of Laws ◽  
Blockchain Technology ◽  
Computer Codes ◽  
The Law ◽  
The Relationship

Blockchain technology promises to perform tasks that have traditionally been assigned to the law and the realm of legal institutions. Smart contracts create agreements that are both automatable by computers and enforceable via the tamper-proof execution of computer codes. Based on such smart contracts, some providers of blockchain technologies offer ‘to act as a digital jurisdiction’. The promise seems to be that law of the relevant jurisdiction is entirely substituted by the rules codified in the blockchain. However, even if it has often been argued that the ‘Code Is Law’, the law is not—and arguably never will be—entirely redundant. Therefore, the challenge is to identify the boundaries of such digital jurisdictions by clarifying the relationship between law and code and to develop new principles for conflicts of laws or rather principles for the conflict of laws and codes.

The Law and Political Objectives of the European Neighbourhood Policy in the East: A Difficult Marriage or Singing in Unison?

2013 ◽  
Vol 15 ◽  
pp. 619-641
Author(s):  
Nariné Ghazaryan
Keyword(s):  
Legal Framework ◽  
Legal Aspects ◽  
The Political ◽  
Second Phase ◽  
European Neighbourhood Policy ◽  
South Caucasus ◽  
Eu Foreign Policy ◽  
Third Phase ◽  
The Law ◽  
The Relationship

AbstractThe European Neighbourhood Policy (ENP) is inherently political in nature. The rationalistic considerations underpinning its launch and subsequent elaboration have necessarily influenced the choice of the legal framework. At the same time, the rules regulating the conduct of EU foreign policy had a reciprocal impact on policy choices made. The legislative and political developments following the ratification of the Lisbon Treaty and the regional split in the policy arguably injected new dynamics into the interaction between the political and legal aspects of the ENP.The chapter traces the relationship between the political objectives and the legal framework of the ENP through three phases of its existence, with a focus on the eastern neighbourhood, comprising Belarus, Ukraine, Moldova and the South Caucasus, as the addressee of the exclusionary rationale of the policy. First, the formulation and the elaboration of the initiative is revisited as the first phase of the existence of the policy. The second phase concerns the ‘Eastern Partnership’ initiative established as a result of the regional split within the policy. The third phase refers to the law and political objectives of the ENP as translated into Article 8 TEU.

scholarly journals Judicial Populism and the Weberian Judge—The Strength of Judicial Resistance Against Governmental Influence in Hungary

2021 ◽  
Vol 22 (7) ◽  
pp. 1282-1297
Author(s):  
Mátyás Bencze
Keyword(s):  
Justice System ◽  
Political Change ◽  
The Political ◽  
Political Pressure ◽  
The Law ◽  
The Government ◽  
The Relationship

AbstractThe Hungarian judiciary has reacted to the political change of recent years in a twofold way. Some judges have resisted political pressure and decided cases according to the law and their conscience, while others, showing the signs of judicial populism, have deferred to the interests of the government. The paper explains the relationship between this twofold behavior and the bureaucratic tradition of the Hungarian justice system. The conclusion is that the bureaucratic model of organization has certain features that can make judges more resistant to political pressure, while other elements of the model can lead to judicial deference. Nonetheless, these latter elements are not necessary components of the ‘Weberian’ justice system.

scholarly journals Bangunan Ilmu Politik Hukum diantara Ilmu-ilmu Sosial dan Ilmu Hukum

2020 ◽  
Vol 6 (2) ◽  
Author(s):  
Indriyana Dwi Mustikarini
Keyword(s):  
Social Sciences ◽  
Political Science ◽  
Political Elite ◽  
The Political ◽  
Legal Studies ◽  
Law And Politics ◽  
Actual Reality ◽  
Legal Science ◽  
The Law ◽  
The Relationship

Abstract— This paper aims to describe the Building of Legal Political Science between Social Sciences and Legal Studies in Indonesia. This research focuses on the study of the legal, political science of other social sciences. The method used in this research is normative juridical. This method examines the applicable laws and regulations as well as theoretical from a variety of literature, relating to the politics of law in the formation of legislation. The results of this study indicate the relationship between law and political science that law is determined by politics, so the law is formed based on expectations or what should be (das sollen). Instead of politics determined by law, the law was formed by agreement of the political elite / actual reality (das sein). While law and politics are interdependent, the law is developed based on what should be and actual reality (das Sollen-Sein). Keywords—: legal politics; legal science; political science.

scholarly journals Lawgivers, Virtue, and the Mixed Regime: Reflections on Richard Bodéüs’s The Political Dimensions of Aristotle’s Ethics

Dialogue ◽  
2020 ◽  
Vol 59 (1) ◽  
pp. 31-50
Author(s):  
KEVIN CHERRY
Keyword(s):  
Political Philosophy ◽  
The Political ◽  
Mixed Regime ◽  
The Law ◽  
Political Dimensions ◽  
Aristotle's Ethics ◽  
The Relationship

In this paper, I engage with the works of Richard Bodéüs about Aristotle’s understanding of the relationship between law, virtue, and education. I argue that there is an important difference between the demands of the law and those of reason, especially in the defective, but more common, regimes. This difference is also found in the best regime possible for most cities, the mixed regime Aristotle calls ‘polity’ (or, in Greek, politeia), insofar as it represents a balance between oligarchy and democracy. To educate citizens in this regime requires what Aristotle calls “political philosophy.”

Possession Is Nine-Tenths of the Law

2021 ◽  
pp. 1-25
Author(s):  
Christian Lund
Keyword(s):  
Property Rights ◽  
Social Relations ◽  
Physical Capacity ◽  
Legal Rights ◽  
The Political ◽  
Ordinary People ◽  
Land Conflicts ◽  
Legal Recognition ◽  
The Law ◽  
The Relationship

This chapter discusses the relationship between law and property. The old aphorism that “possession is nine-tenths of the law” suggests that property rights are not merely about legal rights, but, more importantly, about social relations and the political and physical capacity to hold things of value: land, in particular. For many people in Indonesia, rights remain a faint promise, and justice a mere rumor. Land conflicts and dispossession have placed unjust burdens on ordinary people for generations and under different regimes. Some people acquire land, but more seem to lose it when their lack of wealth, knowledge, language, connections, and organization leaves them vulnerable. Possession may be nine-tenths of the law, but the last tenth, recognition, still matters a great deal. Moreover, recognition often takes the form of legalization, through efforts to make claims and decisions appear legal. And, crucially, this very plausibility of legality can have the effect of law. The chapter explains that the book is therefore about how and why people and institutions work to make claims stick by legalizing them. It is about the relationship between legal recognition and possession.

From the “Right to Have Rights” to the “Critique of Humanitarian Reason”

2018 ◽  
pp. 101-124
Author(s):  
Seyla Benhabib
Keyword(s):  
International Law ◽  
Hannah Arendt ◽  
Political Agency ◽  
The Political ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Emancipatory Politics ◽  
The Law ◽  
The Right ◽  
The Relationship

This chapter explores Jacques Rancière's trenchant critique of Hannah Arendt, after briefly recalling Arendt's discussion of the right to have rights. It shows how Rancière not only misreads Arendt, but much of what he defends as the necessary enactment of rights is quite compatible with an Arendtian understanding of political agency. The chapter then turns to the quandaries of “humanitarian reason,” in Didier Fassin's felicitous phrase. To address them, the chapter calls for a new conceptualization of the relationship between international law and emancipatory politics; a new way of understanding how to negotiate the facticity and the validity of the law, including international humanitarian law, such as to create new vistas for the political.

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