Russian philosophy of law

Author(s):  
Andrzej Walicki

Russian thought is rarely associated with philosophy of law. The intellectuals of pre-revolutionary Russia are known rather for their uncompromising critique of legalism, passing sometimes into a genuine ‘legal nihilism’. Indeed, both right-wing and left-wing Russian thinkers – the Slavophiles and Dostoevskii on the one hand, the populists and anarchists (from Bakunin to Tolstoi) on the other – saw modern rational law as an instrument of egoistic bourgeois individualism, destroying the values of communal collectivism still preserved among the Russian peasantry. This attitude found expression not only in different forms of programmatic anti-capitalism but also in a tendency to discredit civil rights and political liberty as a mere mask for capitalist exploitation. Capitalist development and the juridicization of social bonds it involved were perceived as something peculiar to the West, coming to Russia from without and as such not worthy of acceptance. Law and legal rights were criticized in Russia from many quarters and for various reasons: in defence of an idealized autocracy or in defence of true freedom, on behalf of the Russian soul or on behalf of universal progress towards socialism, in the name of Christ or in the name of Marx. In this manner right-wing and left-wing Russian intellectuals supported one another in creating a peculiar tradition of the censure of law. However, it would be wrong to draw from these facts a conclusion of an inherent hostility between the ‘Russian mind’ and the ‘spirit of law’. The ‘juridical world-view’ of the Enlightenment was well represented in imperial Russia. The modernizing Russian autocrats – Peter the Great and Catherine the Great – believed firmly in the power of rational legislation and won admiration from among leading European thinkers (Leibniz, Voltaire, Diderot) fir setting a good example for Western monarchs. The first radical critic of Russian autocracy, Aleksandr Radishchev (1749–1802), was in turn a theorist of natural law, a firm believer in inalienable human rights, and an enthusiastic worshipper of the American constitution. Under the reign of Alexander I (1801–25), who himself thought seriously about the introduction of constitutional rule in Russia, admiration for law was very strong among Russia’s intellectual elite. Radischchev’s disciples, Ivan Pnin and Vasilii Popugaev, inspired also by the Scottish Enlightenment, advocated the idea of a ‘civil society’ with a developed system of private law and legally safeguarded human rights. Nikita Murav’ev and Pavel Pestel, ideological leaders of the two trends within the Decembrist movement (named so after the abortive uprising of December l825), expressed their ideas in the form of detailed constitutional projects. A common feature of these projects, otherwise very different, was a pronounced juridical rationalism, sharply contrasting with all variants of a sceptical attitude towards law.

2019 ◽  
Vol 33 (4) ◽  
pp. 587-605
Author(s):  
Marie-Emmanuelle Chessel

Abstract Apropos the history of human rights in France, one spontaneously thinks of the French Revolution and then of left-wing activists, particularly socialists. Their opponents, the Catholics, normally considered to be right wing and usually opposed to socialism, appear as a counterpoint. This article argues that some Catholics, especially those who referred to themselves as ‘social Catholics’, also contributed to the adoption of certain rights, particularly social rights, in France in unexpected and paradoxical ways. Their contribution was made through their social activities, visible in their organizations’ archives more than through their discourse. Social Catholics spoke little of ‘rights’. Yet paradoxically, discourses about ‘duties’ can lead to the defence of rights, especially through the practice of social surveys and the importance of social ‘facts’. Examples are taken from the history of the Ligue Sociale d’Acheteurs, the Union Féminine Civique et Sociale and other French Catholic organizations such as the Secrétariats sociaux.


2020 ◽  
Vol 58 (3) ◽  
pp. 517-528
Author(s):  
Łukasz Jan Berezowski ◽  
Artur Gałkowski

The article aims at analyzing the case of Beppe Grillo and his Five Stars Movement in terms of social, cultural and linguistic phenomenon that – initially as a virtual party without a structured organization – seems to conquer both right-wing and left-wing Italian citizens notwithstanding generational and ideological differences. The success of grillini (Grillo’s supporters) in the parliamentary election of 2018 as a consequence of Matteo Renzi’s constitutional referendum failure, represents a clear sign of the leadership crisis as well as the drifting apart of the ruling class that ignored the problems of ordinary people for several years. The analysis is focused on both form and content: on the one hand, the artistic expression characteristic of Grillo, his gestures, mimicry and direct language plenty of verbal hyperboles, rhetorical figures, swearwords and blasphemous obscenities that build his uncompromising charisma, on the other modern technologies and social media (including blogs, forums, profiles) that are used to communicate efficiently with the electorate, create an image of an open-minded politician keeping up with the outer world. All the aforementioned circumstances demonstrate an innovative approach based on political communication that devolves some level of decision-making power to the party supporters being active web users: bloggers and influencers at the same time. Such paradigm is followed by other representatives of the Italian political scene nowadays.  


Author(s):  
Marten de Vries

AbstractThe context in which Bediüzzaman Said Nursi wrote the first version of his now famous Damascus sermon was a meeting on a continent and in an age in which Muslims were being forced to reflect on their identity due to negative interaction with non-Muslims.Meanwhile, the relationships between Muslims and non-Muslims have changed drastically. Nonetheless, not only Muslims but also Christians and even Muslims and Christians together in dialogue now have more rather than fewer reasons to be concerned about the question of how they, based on their authentic religious values, can contribute to a good society.Even the mid-20th century Turkish revision of the Damascus sermon is dated. The document does, however, offer a clarifying template that can still be highly beneficial for Muslims and Christians a century later in striving for what is beneficial for themselves and their environment while keeping their own identities in mind.Christians could also acknowledge a great deal in the six ailments and remedies the healer identifies in the “Six Words.” At the same time, it suits the spirit of the age to proceed not only via a set of major resemblances between both religions but also mutatis mutandis in connection with what is typical for each religion. As a Christian, I would like to flesh this out with “hope,” “faithfulness,” “love,” “unity,” “dignity,” and “consultation,” based on my faith, of which Jesus Christ is the centre.The challenge of today’s and tomorrow’s globalised reality that Muslims and Christians have to cope with is, for instance, to formulate a new Purifying paradigm based on the concepts listed by Nursi, designed to be fully respective of the well understood uniqueness of the other. Christian acceptance of Muslims should not depend on the extent to which they are integrated into Western society, nor should Christians be viewed by Muslims as pre-Muslims.This challenge goes further and is more difficult than striving to come to “a common word”: in fact, we will need to understand a variety of words. But if the efforts are crowned with success, this is a more valid way for Muslims and Christians - who together make up the majority of the world’s population - to be a good example for society.From a Christian point of view and that of the 20th century’s disenchantment, Nursi is overly optimistic when he suggests society can be affected by implementing religious values. Religious people and non-religious people alike in the current demographic will continue to co-exist and individually suffer from the cited and notcited maladies, and this was no different in the golden eras of yore.Nevertheless, we can point to signs of hope when we succeed together in resolving the dilemma of right-wing capitalism and liberalism on the one hand and left-wing communism and socialism on the other by means of our own religiously motivated values to allow Christians, Muslims, and others to sample a bit of the future heaven on earth.


2020 ◽  
pp. 149-164
Author(s):  
Marcelo Lopes de Souza

This chapter explores the relationship between populism and environmental justice in Latin America. It was not only within the framework of overtly dictatorial regimes during the 20th century that the struggles for social justice and human rights in Latin America faced severe obstacles and suffered setbacks. They have also been badly hampered by populism — both right-wing neo-populism with its component of intolerance and conservatism, and left-wing populism, which, by means of co-opting civil society, helps demobilise it and slow down or limit processes of awareness and radicalisation of democracy. The struggles for environmental justice are a crucial example of this. The chapter then addresses the main aspects of how left-wing neo-populism has undermined environmental justice in Latin America, and particularly in Brazil. It focuses more closely on the political and ideological consequences of left-wing populism's contradictions and failure in terms of a deepening of social tensions and struggles. The chapter argues that left-wing neo-populism has been ultimately part of the problem rather than of the solution.


2016 ◽  
Vol 9 (1) ◽  
pp. 83-97
Author(s):  
Rima Shikhmanter

Historical fiction serves as a powerful source for the dissemination of historical images and the determination of collective memory. These roles are of particular significance in the context of severe political conflicts. In these cases historical fiction shapes the narrative of the conflict, explains its source and central events, and therefore forms the readers' political stances towards the conflict and its consequences. This article examines the role contemporary Jewish Israeli historical fiction for young adults plays in presenting the Israeli–Palestinian conflict to young readers. It discusses two of the political perspectives this fiction addresses: the traditional hegemonic narrative and the left-wing narrative. Associated with the right-wing sector of Israeli politics, the former promotes the Zionist myth and seeks to justify the necessity and morality of its premises while ignoring and/or dismissing the legitimacy of the Palestinian narrative. The lack of a consensual Jewish historical narrative that does not negate the Palestinian narrative on the one hand, and the ongoing public delegitimisation of the left-wing on the other, forces historical-fiction authors to place their plots at a historical remove, locating them in other places and times.


AJIL Unbound ◽  
2019 ◽  
Vol 113 ◽  
pp. 375-379 ◽  
Author(s):  
Jorge Contesse

In 2009, as the American Convention on Human Rights turned forty, Left-wing governments ruled in almost all Latin American countries. The democratization wave that began in the late 1980s had produced a seemingly hegemonic turn to the Left—the so-called “Pink Tide.” A decade later, the political landscape was radically different. With only a few exceptions, Right-wing governments are in power throughout Latin America. The implications of the conservative wave have been felt in a number of areas—including human rights. This essay explores the ways in which the new conservative governments of Latin American have tried to curb the inter-American human rights system and examines the potential long-term consequences that their efforts may have on the regional system and the protection of human rights. It then suggests possible avenues for sound engagement between states and the system, observing that the Inter-American Court's expansive case law may cause more harm in the long run.


2014 ◽  
Vol 7 (2) ◽  
pp. 271-292 ◽  
Author(s):  
Alexandre Afonso

This article analyses the impact of populist right-wing parties (PRWPs) on welfare state reforms in Western Europe in the light of the trade-off that they face between office and votes. On the one hand, PRWPs appeal to traditionally left-leaning blue-collar ‘insiders’ supportive of social insurance schemes. On the other hand, they have only been able to take part in government as junior coalition partners with liberal or conservative parties who are more likely to retrench these very same welfare programmes. In this context, the article argues that these parties have to choose between betraying their electorate (and losing votes), and betraying their coalition partners (and losing office). When they choose office, it enables welfare state retrenchment by allowing their coalition partners to curtail left-wing opposition, but entails high electoral costs for PRWPs. When they choose votes, it generates deadlock and potentially jeopardizes their participation in government. The paper draws on a comparative analysis of pension reforms during three periods of government participation of PRWPs: the Schüssel I and II cabinets in Austria (2000–06), the Rutte I cabinet in the Netherlands (2010–12) and three pension reforms in Switzerland between 1995 and 2010. The analysis draws on original primary material and interviews.


APRIA Journal ◽  
2021 ◽  
Vol 3 (3) ◽  
pp. 33-43
Author(s):  
Florian Cramer

Publishing is increasingly being challenged through instantaneous social media publish- ing, even in the fields of scholarship and cultural, philosophical and political debate. Memetic self-publishers, such as the right-wing 'YouTube intellectual' Jordan Peterson and his left-wing counterpart Natalie Wynn, seem to tap into urgent needs that traditional publishing fails to identify and address. Does their practice amount to a new form of urgent publishing? How is it different from non-urgent publishing on the one hand and from propaganda on the other? Which urgencies can be addressed by urgent publishing? What is the role of artists and designers in it?


2018 ◽  
Vol 42 (4) ◽  
pp. 434-454 ◽  
Author(s):  
Mikko Salmela ◽  
Christian von Scheve

Emotions are prevalent in the rhetoric of populist politicians and among their electorate. We argue that partially dissimilar emotional processes may be driving right- and left-wing populism. Existing research has associated populism with fear and insecurities experienced in contemporary societies, on the one hand, and with anger, resentment, and hatred, on the other. Yet there are significant differences in the targets of right- and left-wing resentment: A political and economic establishment deemed responsible for austerity politics (left) and political and cultural elites accused of favoring ethnic, religious, and sexual out-groups at the expense of the neglected in-group (right). Referring to partially different emotional opportunity structures and distinct political strategies at exploiting these structures, we suggest that right-wing populism is characterized by repressed shame that transforms fear and insecurity into anger, resentment, and hatred against perceived “enemies” of the precarious self. Left-wing populism, in turn, associates more with acknowledged shame that allows individuals to self-identify as aggrieved and humiliated by neoliberal policies and their advocates. The latter type of shame holds emancipatory potential as it allows individuals to establish bonds with others who feel the same, whereas repressors remain in their shame or seek bonds from repression-mediated defensive anger and hatred.


2016 ◽  
Vol 15 (2) ◽  
pp. 206-231
Author(s):  
Yaffa Moskovich ◽  
Adi Binhas

This paper studies the cultural features of one organization promoting workers’ social welfare. The Worker’s Hotline challenges human rights violations by exploitive employers and the Israeli government. The Worker’s Hotline uses a variety of political strategies: collaborating with governmental agencies and fighting against the authorities, even while being funded by them. The main research question is: What is the Hotline’s defining cultural features? Can it be considered counterculture or subculture of values? The authors utilized qualitative research methods. They conducted 25 interviews; gathered documents from websites and then analyzed these interviews and documents. The findings indicated the Worker’s Hotline cultural features were primarily left-wing with socialist principles. This association’s organizational culture can be identified as a subculture, opposing dominant Israeli right-wing capitalist culture in legal spectrum. This case study’s uniqueness is its suggestion that the Hotline is a sophisticated subculture, whose activists simultaneously operate with and against the authorities.


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