Commentary

1992 ◽  
pp. 84-151
Author(s):  
Christopher Carey
Keyword(s):  
Moral Character ◽  
The Political ◽  
Personal Gain ◽  
For Profit ◽  
Political Background ◽  
The Law ◽  
Extensive Involvement ◽  
The Way

1-16 Theomnestos' speech. This section is both a speech in its own right, containing all the expected elements (introduction §1, narrative §§2-10, argument §§11-13, and epilogue §§14-15) and the introduction to Apollodoros' speech, which has little in the way of formal introduction. Its primary purpose is to remove various sources of jury prejudice against the prosecution and to create prejudice against Stephanos. In this type of case the law allowed for substantial rewards for successful prosecutors (cf. §16); in view of the Athenian hostility against the use of the lawcourts for personal gain it is necessary for Theomnestos to disclaim any desire for profit (cl. esp. 53.1ff.). Secondly, Apollodoros' extensive involvement in litigation may well have made him unpopular with Athenian juries, which disapproved of hasty recourse to the law. Theomnestos redirects this prejudice against Stephanos; he represents Stephanos as the aggressor, and stresses that there was no honourable alternative to litigation. Thirdly, given his youth, the political background and the seriousness of the case, Theomnestos inevitably faces the suspicion that he is merely a tool of Apollodoros; to dispel this suspicion he exaggerates his own role as victim and avenger. This section also establishes to the moral character of prosecution and defence ...

scholarly journals Parental Responsibility, Hyper-parenting, and the Role of Technology

2016 ◽  
Author(s):  
Jonathan Herring
Keyword(s):  
Genetic Enhancement ◽  
The Political ◽  
Parental Responsibility ◽  
The Law ◽  
Impact Of Technology ◽  
The Impact ◽  
The Way

This chapter explores the impact of technology on parenthood. It draws out some of the themes raised by the genetic enhancement debate, arguing that they reflect some of the current themes in contemporary parenthood. Particularly pertinent is the phenomenon of hyper-parenting, which itself often relies on technology to enable surveillance of children. It is argued that this practice reflects the political and popular rhetoric around conceptions of parental responsibility, which has been picked up and reinforced in the law. The chapter concludes by arguing against an overemphasis on the power that parents have over children to train them to be good citizens and argues for a relational vision of parenthood, recognizing also the power that children have over adults and the way that children can shape parents.

Diplomatic Privileges and Immunities of Agents Invested with Functions of an International Interest

1931 ◽  
Vol 25 (4) ◽  
pp. 694-710 ◽  
Author(s):  
Lawrence Preuss
Keyword(s):  
The State ◽  
Legal Order ◽  
Customary Law ◽  
The Political ◽  
Political Factors ◽  
Historical Factors ◽  
The Pacific ◽  
The Law ◽  
And Control ◽  
The Way

Recent tendencies toward the reduction of diplomatic privileges and immunities have been justified by the decreasing importance of the causes which have contributed to their establishment in their present exaggerated extent. The traditional distrust of diplomatic missions as instruments of espionage and intrigue has all but vanished, and has been supplanted by an appreciation of their functions as agencies for facilitating the pacific intercourse of states. The scrupulousness with which the diplomatic character is now respected and the growing security of the legal order in most states make possible a reduction of diplomatic prerogatives without jeopardizing the successful and independent fulfillment of the mission which it is their purpose to secure. The widest pretensions to exemption from the authority of the receiving state were advanced at precisely those times in which diplomats were in practice subjected to the greatest amount of interference and control. Doctrines of the seventeenth and eighteenth centuries, inspired by a reaction against contemporary conditions, have been incorporated into the customary law, which has lost its raison d'Ure to the extent that the historical factors which influenced its growth are no longer operative. The need of the envoy for independence exists today no less than formerly, but it no longer requires, as a condition of its guarantee, that complete immunity from the law and jurisdiction of the receiving state which has found a figurative expression in the fiction of exterritoriality. As a subject involving few of the political factors which have thus far proved to be insurmountable obstacles in the way of codification, the law of diplomatic privileges and immunities is eminently suited for restatement and amendment in the form of a general convention. Such a restatement, if it is not to be retrogressive, must be based upon the conception that the receiving state has rights, and the sending state duties, which are correlative to the obligations of the state of residence and the rights of the appointing state, alone emphasized in the existing law.

The Prodi government's proposed citizenship reform, and the debate on immigration and its impact in Italy

Modern Italy ◽  
2008 ◽  
Vol 13 (3) ◽  
pp. 305-315 ◽  
Author(s):  
Giulia Bigot ◽  
Stefano Fella
Keyword(s):  
Political Parties ◽  
Social Integration ◽  
The Political ◽  
Political Discussion ◽  
Political Strategies ◽  
Ongoing Debate ◽  
Political Actors ◽  
Immigration Control ◽  
The Law ◽  
The Way

Within a few months of the second Prodi government taking office in 2006, the Interior Minister, Giuliano Amato, reignited the ongoing debate on immigration, social integration, nationality and citizenship in Italy by launching the government's proposed reform of the law on citizenship. This article examines the implications of the reform and the debate it has provoked among the political parties in Italy in the context of the broader political discussion that has developed in Italy since the 1990s regarding immigration control, social integration and multiculturalism. The article sheds light on the way in which themes such as ‘multiculturalism’, ‘integration’ and ‘citizenship’ are conceptualised by political actors in Italy, and the way in which discussion of these themes relates to the broader political strategies and trajectories followed by these actors.

scholarly journals Collapsing Legitimacy: How the Crime of Aggression Could Affect the icc’s Legitimacy

2017 ◽  
Vol 17 (3) ◽  
pp. 517-542
Author(s):  
Frederick Cowell ◽  
Ana Leticia Magini
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Political Legitimacy ◽  
Criminal Court ◽  
The Political ◽  
Legal Structure ◽  
Political Compromise ◽  
The Law ◽  
The Way

The International Criminal Court (icc) will gain the capacity to prosecute the crime of aggression in 2017. The Amendments to the Rome Statute are the product of a political compromise and have a complex legal structure with a high definitional threshold for an act of aggression alongside a bespoke jurisdictional arrangement. This legal structure is likely to mean that very few acts of aggression are considered crimes. Even when acts of aggression pass the threshold set out in the amendments, it is highly likely that any such prosecution would not succeed. This article argues that this is likely to significantly impact the legitimacy of the icc as an organization. To understand this, it is necessary to look at the different meanings of legitimacy before examining how the way in which the law is configured could undermine the political legitimacy of the organization as a whole.

The Law

2021 ◽  
pp. 256-269
Author(s):  
Diego Quaglioni
Keyword(s):  
Legal Culture ◽  
Theoretical Framework ◽  
Roman Law ◽  
The Political ◽  
Legal Thought ◽  
The Law ◽  
Political Philosopher ◽  
Legal Concepts ◽  
The Way

This chapter discusses the way Dante’s major works, like Monarchia and Convivio, articulate a strong and complex interrelation among religious, political, and legal concepts. Dante’s Commedia, too, is a universal masterpiece whose literary-theoretical framework is simultaneously and manifestly a legal one. Dante the political philosopher as well as Dante the poet fully assimilated the legal culture of his century. He was not a canonist or a jurist either, even though he quoted canon and Roman law everywhere, castigating papal decretals and the decretalists in the harshest terms but also following some traditional lines of legal thought. Indeed, the legal maxims quoted by Dante are one with the structure of his discourse and argumentation, even when Dante follows closely precise legal enunciations of the sources, showing how phrases from the texts of the Corpus iuris civilis or of the Corpus iuris canonici had become part of general educated discourse among non-lawyers.

scholarly journals The Right to Strike and Legal War in Walter Benjamin's “Toward the Critique of Violence”

2019 ◽  
Vol 2 (2) ◽  
pp. 252-260
Author(s):  
Marc Crépon ◽  
Micol Bez
Keyword(s):  
Walter Benjamin ◽  
The State ◽  
The Political ◽  
Law Of War ◽  
State Monopoly ◽  
The Law ◽  
The Right ◽  
Critique Of Violence ◽  
The Way

Abstract The object of this article is to show how, at the beginning of his essay “Toward the Critique of Violence,” Walter Benjamin uses the questions of the right to strike and law of war to exemplify the way in which the state monopoly has no other goal than to preserve the law itself. In so doing, the question of the boundary between violence and nonviolence is put into conversation with the distinction made by Georges Sorel between the political strike and the general revolutionary strike.

scholarly journals As an issue: what decides that citizens feel safe in their state

2019 ◽  
Vol 5 (1) ◽  
pp. 96-112
Author(s):  
Jacek Zieliński
Keyword(s):  
Political Parties ◽  
Social Relations ◽  
The Political ◽  
Civic Involvement ◽  
Members Of Parliament ◽  
Legal Provisions ◽  
Safe State ◽  
The Law ◽  
The Government ◽  
The Way

A safe state is a well and clearly organized state. A state in which all citizens are guaranteed a stable existence and have a sense of confidence in their own development. Achieving this status is conditioned by legal provisions, which are the basic instrument for regulating and determining the desired social relations. The key role belongs to the functioning of the lower-level administration, which – as the author claims – cannot be blamed for the way the law is applied, within which limits and in which it is to operate. The use (lawmaking) of the law depends on the political parties sitting in parliament and creating the composition of the executive (the government comes from parliament), and their representation (members of parliament) – on our civic involvement in the election.

Leone de' Sommi and Jewish Theatre in Renaissance Mantua

2009 ◽  
Vol 29 (2) ◽  
pp. 5-19
Author(s):  
Donald Beecher
Keyword(s):  
Sixteenth Century ◽  
The Political ◽  
Complex Relationship ◽  
Social Negotiations ◽  
Renaissance Artist ◽  
The Way

This is a study of a Renaissance artist and his patrons, but with an added complication, insofar as Leone de' Sommi, the gifted academician and playwright in the employ of the dukes of Mantua in the second half of the sixteenth century, was Jewish and a lifelong promoter and protector of his community. The article deals with the complex relationship between the court and the Jewish "università" concerning the drama and the way in which dramatic performances also became part of the political, judicial and social negotiations between the two parties, as well as a study of Leone's role as playwright and negotiator during a period that was arguably one of the best of times for the Jews of Mantua.

“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.

The Political Theology of Schelling

2016 ◽  
Author(s):  
Saitya Brata Das
Keyword(s):  
Martin Heidegger ◽  
Jacques Derrida ◽  
Political Theology ◽  
The Political ◽  
Franz Rosenzweig ◽  
Political Works ◽  
The Way

This book rigorously examines the theologico-political works of Friedrich Wilhelm Joseph von Schelling, setting his thought against Hegel's and showing how he prepared the way for the post-metaphysical philosophy of Martin Heidegger, Franz Rosenzweig and Jacques Derrida.

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