scholarly journals Państwo prawa na gruncie filozofii politycznej Immanuela Kanta – dwie interpretacje

2019 ◽  
pp. 108-124
Author(s):  
Michał Wieczorkowski
Keyword(s):  
Political Philosophy ◽  
Rule Of Law ◽  
State Power ◽  
Ethical Reflection ◽  
The Rule Of Law ◽  
Crucial Difference

The purpose of this article is to discuss Kant’s concept of juridical state as the foundation of the contemporary rule of law. Therefore, the article tries to answer two questions: (1) what character can be attributed to Kant’s concept of juridical state taking into account the obligations arising from it; (2) can the analysis of the Kantian juridical state have any impact on the contemporary understanding of the rule of law and if so, what can this impact be. In order to accomplish this task, moral presuppositions of Kant’s juridical state are discussed, according to the commonly accepted view that Kant’s political philosophy is closely linked with his moral and ethical reflection. Then, two interpretations of Kant’s juridical state – the liberal one and the authoritarian one – are analysed. The crucial difference between these interpretations lies in establishing the circumstances in which the duty of obedience to state power should be carried out. Then, Kantian juridical state is compared with two ways of understanding the rule of law – the material one and the formal one – in order to evaluate whether the rule of law should be considered as continuity of or rupture with the Kantian concept.

scholarly journals In the Absence of the Rule of Law: Everyday Lawyering, Dignity and Resistance in Myanmar’s ‘Disciplined Democracy’

2018 ◽  
Vol 28 (5) ◽  
pp. 573-599
Author(s):  
Alex Batesmith ◽  
Jake Stevens
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
State Power ◽  
Human Experience ◽  
Legal Systems ◽  
Material Support ◽  
The Rule Of Law ◽  
Alternative Perspective ◽  
The Individual ◽  
Individual Human

This article explores how ‘everyday’ lawyers undertaking routine criminal defence cases navigate an authoritarian legal system. Based on original fieldwork in the ‘disciplined democracy’ of Myanmar, the article examines how hegemonic state power and a functional absence of the rule of law have created a culture of passivity among ordinary practitioners. ‘Everyday’ lawyers are nevertheless able to uphold their clients’ dignity by practical and material support for the individual human experience – and in so doing, subtly resist, evade or disrupt state power. The article draws upon the literature on the sociology of lawyering and resistance, arguing for a multilayered understanding of dignity going beyond lawyers’ contributions to their clients’ legal autonomy. Focusing on dignity provides an alternative perspective to the otherwise often all-consuming rule of law discourse. In authoritarian legal systems, enhancing their clients’ dignity beyond legal autonomy may be the only meaningful contribution that ‘everyday’ lawyers can make.

scholarly journals “The Platonic Republic.” The Beginnings of Kant’s Juridico-Political Philosophy in the Critique of Pure Reason

2015 ◽  
Vol 3 (01) ◽  
Author(s):  
Günter ZÖLLER
Keyword(s):  
Political Philosophy ◽  
Rule Of Law ◽  
Civic Life ◽  
Pure Reason ◽  
Individual Freedom ◽  
Critique Of Pure Reason ◽  
The Rule Of Law ◽  
Normative Conception ◽  
Theory Of Ideas ◽  
Magnum Opus

The essay focuses Kant’s engagement with Plato at the beginning of the Transcendental Dialectic of the Critique of Pure Reason, which presents a crucial but often overlooked feature of Kant’s magnum opus. In particular, the essay examines Kant’s positive pronouncements on the “Platonic republic” (Platonische Republik) in Book One of the Transcendental Dialectic by placing them in the twofold context of the first Critique’s affirmative retake on Plato’s Forms (Ideen) and its original views on juridico-political matters. More specifically, the essay aims to show that Kant’s prime position in legal and political philosophy, as contained in the first edition of the Critique of Pure Reason (1781), involves a normative conception of civic life that places the societal exercise of individual freedom under universal laws. Section 1 explores the extent of affinity between Plato and Kant as arch-representatives of ancient and modern idealism. Section 2 traces the transition from Platonic dogmatism to Kantian criticism in the theory of ideas. Section 3 presents Kant’s appropriation of the idea of the “Platonic republic” for purposes of a specifically modern republican account of the rule of law under conditions of freedom.

Administrative Law

2004 ◽  
Author(s):  
Jeffrey Jowell
Keyword(s):  
Twentieth Century ◽  
Great Britain ◽  
Procedural Justice ◽  
Rule Of Law ◽  
State Power ◽  
Administrative Law ◽  
Constitutional Rights ◽  
Stages Of Development ◽  
The Rule Of Law ◽  
Legal Control

This chapter examines the stages of development of administrative law in Great Britain during the twentieth century, describing the different attitudes towards the exercise of state power and its legal control over the century. It explains that the century began with a concern for procedural justice and a particular concept of the rule of law, and ended with judicial constraints upon both the procedures and the substance of official decisions, justified by constitutional rights.

13. John Locke

2017 ◽  
Author(s):  
Jeremy Waldron
Keyword(s):  
Political Philosophy ◽  
Rule Of Law ◽  
Natural Law ◽  
John Locke ◽  
Private Property ◽  
Civil Disobedience ◽  
The Rule Of Law ◽  
Limited Government ◽  
Short Biography ◽  
Political Thinker

This chapter examines and defends the relevance of John Locke's writings as political philosophy. Locke's political philosophy continues to have an enormous impact on the framing and the pursuit of liberal ideas in modern political thought — ideas about social contract, government by consent, natural law, equality, individual rights, civil disobedience, and private property. The discussion and application of Locke's arguments is thus an indispensable feature of political philosophy as it is practised today. After providing a short biography of Locke, the chapter considers his views on equality and natural law, property, economy, and disagreement, as well as limited government, toleration, and the rule of law. It concludes with an assessment of Locke's legacy as a political thinker.

The Chinese Legal System: Continuing Commitment to the Primacy of State Power

1999 ◽  
Vol 159 ◽  
pp. 673-683 ◽  
Author(s):  
Pitman B. Potter
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
50Th Anniversary ◽  
State Power ◽  
Legal Requirements ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Policy Goals ◽  
Political Relationships

On the 50th anniversary of the founding of the PRC, the legal system plays an increasingly significant role in social, economic and even political relationships. Legal norms drawn largely from foreign experiences have been selected and applied through a plethora of newly established institutions. The role of law as a basis for government authority has become a legitimate and significant issue in the broader political discourse. Despite these achievements, law in China remains dependent on the regime's policy goals. Particularly where political prerogatives are at stake, legal requirements appear to pose little restraint on state power. In this sense, the ten years that have passed since Tiananmen appear to have had little impact on the willingness of the party-state to dispense with legal requirements in pursuit of political expediency. If we are to rely upon Dicey's dictum on the rule of law being in effect when the state becomes just another actor, the rule of law in China still seems a distant prospect indeed.

scholarly journals Law’s Wars, Law’s Trials The Fate of the Rule of Law in the U.S. ‘War on Terror’

2019 ◽  
Vol 36 (1) ◽  
pp. 29-35
Author(s):  
Richard L. Abel
Keyword(s):  
Rule Of Law ◽  
War On Terror ◽  
State Power ◽  
Social Protest ◽  
The Political ◽  
Liberal State ◽  
The Rule Of Law ◽  
Political Spectrum ◽  
The U.S ◽  
Broad Consensus

The rule of law is a foundation of the liberal state. There is broad consensus about its core, extending across the political spectrum. Our own experience tragically teaches that the rule of law is most endangered when those exercising state power feel threatened: during and after wars and in response to social protest.      

The Rhetoric of Criminal Law

2018 ◽  
Author(s):  
Markus D. Dubber
Keyword(s):  
Rule Of Law ◽  
Criminal Law ◽  
Liberal Democracy ◽  
State Power ◽  
Penal System ◽  
Rhetorical Strategies ◽  
State Punishment ◽  
The Rule Of Law ◽  
Fundamental Challenge ◽  
Penal State

Dual Penal State is about the collective failure to address the fundamental challenge of legitimating the threat and use of penal violence in modern liberal states. The first part of the book investigates various ways in which criminal law doctrine and scholarship have managed not to meet the continuing challenge of legitimating state penal power: the violent violation of the autonomy of the very persons upon whose autonomy the legitimacy of state power supposedly rests in a state under the rule of law (Rechtsstaat). Part I focuses primarily on German criminal law, and German criminal law science, with regular comparative glances beyond the German penal system. Chapter 2 highlights several key rhetorical strategies in modern criminal law doctrine that divert attention from the troubling—and possibly irresolvable—paradox of state punishment in a modern liberal democracy.

Engaging Scholarship

2018 ◽  
Author(s):  
Markus D. Dubber
Keyword(s):  
Rule Of Law ◽  
Criminal Law ◽  
State Power ◽  
Penal System ◽  
The Rule Of Law ◽  
Fundamental Challenge ◽  
Penal State

Dual Penal State is about the collective failure to address the fundamental challenge of legitimating the threat and use of penal violence in modern liberal states. The first part of the book investigates various ways in which criminal law doctrine and scholarship have managed not to meet the continuing challenge of legitimating state penal power: the violent violation of the autonomy of the very persons upon whose autonomy the legitimacy of state power supposedly rests in a state under the rule of law (Rechtsstaat). Part I focuses primarily on German criminal law, and German criminal law science, with regular comparative glances beyond the German penal system. Chapter 1 explores the failure of a parochial and self-referential conception of criminal law as science to engage with fundamental questions of legitimacy.

scholarly journals The Rule of Law as Political Philosophy

NUTA Journal ◽  
2018 ◽  
Vol 5 (1-2) ◽  
pp. 95-105
Author(s):  
Gopal Prasad Dahal
Keyword(s):  
Political Philosophy ◽  
Rule Of Law ◽  
Fundamental Rights ◽  
Economic Resources ◽  
Respect For Persons ◽  
The Rule Of Law ◽  
Power Rule ◽  
Modern Natural ◽  
The Law ◽  
Political Foundations

In social science, rule of law indicates one of the most subjective and value loaded concepts. From the pragmatic vantage point, rule of law represents procedural device. This paper thus tried to appraise rule of law from philosophical perspectives. Based on literature review, my appraisal highlights that rule of law lays down under fundamental requirements for law by which those with power rule under the law. And for the citizen, the rule of law is both prescriptive (i.e. dictating the conduct required by law) and protective (i.e. demanding that government acts according to law) of the citizens. The notion of the rule of law is dependent upon the political foundations of a state that tailored to the concept upon a nation’s economic resources. Here is why, rule of law must follow political philosophy or ancient/modern natural law thought that corresponded good and equitable. And the rule of law must not to be confused with democracy, justice, equality (before the law or otherwise), human rights of any kind or respect for persons or for the dignity of the citizens. However, critical philosopher claimed that rule of law neither says about how the law is to be made by tyrants for democratic majorities nor says about ensuring fundamental rights and social justice. They also blamed that the rule of law is an ideological device engaged by those with power to mask the reality of that power in society, and the correlative powerlessness of the mass citizens.

scholarly journals Basic Ideas of State Power Limitation in Political and Legal Doctrine

2017 ◽  
Vol 10 (4) ◽  
pp. 197
Author(s):  
Galina S. Belyaeva ◽  
Boris V. Makogon ◽  
Sergej N. Bezugly ◽  
Marina L. Prokhorova ◽  
Dariusz Szpoper
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
State Power ◽  
The State ◽  
Scientific Concepts ◽  
Legal Doctrine ◽  
The Rule Of Law ◽  
The Law ◽  
Basic Ideas

The article deals with some issues of the state power restriction, and the necessity of this is justified. The evolution of state power restriction certain criteria and forms are analyzed in accordance with the emergence of relevant ideas and scientific concepts and their chronology: the restriction of power by another power, self-restraint of state power; the restriction of state power by the law and human rights in connection with the contemporary problems of state power restrictions in a state governed by the rule of law.

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