scholarly journals Evolution of the Concept of Citizenship in the Islamic Thought: An Analysis

2020 ◽  
Vol 2 (1) ◽  
pp. 121-141
Author(s):  
Osama Sami AL-Nsour
Keyword(s):  
The State ◽  
The Past ◽  
Islamic Thought ◽  
State And Society ◽  
The Government ◽  
The One ◽  
The Individual ◽  
Islamic Civilization ◽  
Political Economic ◽  
The Relationship

The concept of citizenship is one of the pillars upon which the modern civil state was built. The concept of citizenship can be considered as the basic guarantee for both the government and individuals to clarify the relationship between them, since under this right individuals can acquire and apply their rights freely and also based on this right the state can regulate how society members perform the duties imposed on them, which will contributes to the development of the state and society .The term citizenship has been used in a wider perspective, itimplies the nationality of the State where the citizen obtains his civil, political, economic, social, cultural and religious rights and is free to exercise these rights in accordance with the Constitution of the State and the laws governing thereof and without prejudice to the interest. In return, he has an obligation to perform duties vis-à-vis the state so that the state can give him his rights that have been agreed and contracted.This paper seeks to explore firstly, the modern connotation of citizenship where it is based on the idea of rights and duties. Thus the modern ideal of citizenship is based on the relationship between the individual and the state. The Islamic civilization was spanned over fourteen centuries and there were certain laws and regulations governing the relationship between the citizens and the state, this research will try to discover the main differences between the classical concept of citizenship and the modern one, also this research will show us the results of this change in this concept . The research concludes that the new concept of citizenship is correct one and the one that can fit to our contemporary life and the past concept was appropriate for their time but the changes in the world force us to apply and to rethink again about this concept.

Cultural Policies and the Islamic Republic: Cinema and Book Publication

1997 ◽  
Vol 29 (4) ◽  
pp. 509-530 ◽  
Author(s):  
Sussan Siavoshi
Keyword(s):  
The State ◽  
Regulatory Agencies ◽  
Islamic Republic ◽  
Cultural Policies ◽  
State And Society ◽  
Islamic Republic Of Iran ◽  
The Government ◽  
Iranian State ◽  
The Relationship ◽  
Book Publication

The evolution of the Islamic Republic of Iran and the dynamics of the relationship between the Iranian state and society can be explored by examining the postrevolutionary regime's policies toward intellectuals, particularly as expressed in its regulation of cinema and book publication. This relationship—at least in the period from the early 1980s to the early 1990s—was complex and nuanced. Factionalism within the regime provided an opportunity for intellectuals to engage the state in a process of negotiation and protest, cooperation and defiance, in pushing the boundaries of permitted self-expression. The degree of their success depended in part on which faction controlled the government and its regulatory agencies during particular phases in the evolution of the postrevolutionary regime.

scholarly journals The Relationship between the State and Universities in the Czech Lands 1849–1939

2022 ◽  
Vol 124 ◽  
pp. 181-206
Author(s):  
Lukáš Fasora
Keyword(s):  
Academic Staff ◽  
The State ◽  
The Other ◽  
Economic Conditions ◽  
Privileged Position ◽  
State And Society ◽  
Day To Day Operations ◽  
The One ◽  
Czech Lands ◽  
The Relationship

This text summarises the results of extensive research into the relationship between the state and universities in 1849–1939, i.e. between the so-called ‘Thun reform’ and the closure of Czech universities by the Nazis. The focus is on the state’s respect for the privileged position of universities and the monitoring of tensions arising from the clash between legislation and the universities’ day-to-day operations, resulting mainly from satisfying the economic needs of universities on the one hand, and the interpretation of the responsibility and discipline of their academic staff towards the state and society on the other. The research shows the advancing erosion of the so-called Prussian (Humboldt’s) concept of an autonomous national-oriented university and the difficult search for a democratic alternative in interwar Central Europe’s unstable political and economic conditions.

scholarly journals The concept of human rights: doctrinal approaches

2020 ◽  
Vol 11 (11) ◽  
pp. 258-264
Author(s):  
Chepulchenko T. О.
Keyword(s):  
Human Rights ◽  
Natural Law ◽  
The State ◽  
Reference Points ◽  
Theory And Practice ◽  
Modern Concept ◽  
The Government ◽  
The Individual ◽  
The Right ◽  
The Relationship

The article examines the modern concept of human rights as the universally accepted system of views and attitudes about the place and role of human rights in the society and the state. The list of human rights enshrined in these international instruments and the constitutions of many countries, was the result of a long historical development of samples and standards of human life and the entire community. It is emphasized that on the basis of a combination of natural and positivistic concepts of human rights and made possible the consolidation of fundamental freedoms in the constitutions of democratic States. The article focuses on the basic concepts of how to solve the problem of human rights and legal status of the individual which have developed in the history of legal theory and practice of various peoples: liberal (European) concept of human rights, collectivist, Islamic and traditionalist concept. It is emphasized that a decisive influence on the establishment of human rights made on the liberal conception of natural law doctrine, which established the priority of human rights, the new parameters of the relationship between the individual and the government. In the statement of the rights and freedoms of man played an important role in their ideological, doctrinal justification – the doctrine of natural human rights that do not depend on the discretion and arbitrariness of the government, and it is aimed at ensuring the rights defined by nature. Based on this doctrine and on the above mentioned international legal instruments, the new Constitution of Ukraine establishes a number of new rights, which were previously unknown or Constitution of the Soviet Ukraine nor the Ukrainian legislation: the right to life, right to dignity, the right to respect for private and family life, freedom of movement and free choice of residence, right to freedom of thought and speech, free expression of views and beliefs, and so on. Therefore, a new concept of the relationship between the Ukrainian state and the person with priority to the latter is brought to life, since the category of human rights operates solely in relations between man and power. Human rights are the limits of power. They define the sphere of human activity in which the power (the state) cannot interfere and the responsibilities which the state has for the human being. The article also discusses four generations of human rights, it is noted that in the XXI century. we can talk about the formation of the fourth generation of human rights, which is connected with the scientific discoveries in the field of microbiology, medicine, genetics and more. It is this generation that is at the center of intense debate precisely in terms of the naturalness of these phenomena and processes, from the standpoint of morality and worldview of a particular society, as well as based on the content of scientific doctrine. As a conclusion, the author writes that the legally enshrined legal position of a person has as its basis a liberal and natural-law concept, which stipulated as the primary principles freedom and inalienability, inalienability of human rights that belong to it from birth. Reference points are made in the relationship between the state and man - freedom, equality, the rule of law, the universality of human rights. And on these principles, principles, in addition to the actual scope of human rights and obligations, are exercised by these rights and freedoms. Keywords: constitution, concept of human rights, international legal act, human rights, natural law.

scholarly journals Current Issues of Normo-designing of the Legal Status OF Human and Citizen in the Constitutional Law of Ukraine: to the Formation of the Procedure and Stage Paradigm

2020 ◽  
pp. 123-129
Author(s):  
Borys Kofman
Keyword(s):  
Constitutional Law ◽  
Legal Status ◽  
The State ◽  
Constitutional Rights ◽  
Ruling Class ◽  
Qualitative Level ◽  
Historical Retrospect ◽  
The Government ◽  
The Individual ◽  
The Relationship

Topical issues of the processes of forming the paradigm of procedural and stage support of norm-designing of legal status of aperson and a citizen in the constitutional law of Ukraine are investigated, and considerations regarding their normative-technologicaldecision, support and provision are given.It is stated that the search for optimal models of the relationship between the state and the individual has always been a difficultproblem, but at the heart of its positive solution is a high and qualitative level of standard-project activity in the sphere of normative(legislative) maintenance of the constitutional and legal status of a person (individual) and citizen. Analyzing the formation and development of such a constitutional-legal status in different states in historical retrospect, it isnecessary to pay close attention to its evolutionary-dynamic character – the amount of rights and freedoms that the state gave its citizensvaried precisely in the dependence and understanding of its chronological development, – optimal models were crucially dependent onthe nature of society, type of property, democracy, development of economy, culture and other objective conditions, but they were alsolargely determined by the government, the law, s, the ruling class, that is, subjective factors.In the process of finding models of the relationship of the state with the person (personality), the main difficulties were not onlythe establishment of such systems and order, in which the personality would be able to freely develop their potential (abilities, talent,intelligence), and national goals – the fact that unites all – would be acknowledged and respected, and the relevant technologically-formalizedaspects of the activities of authorized persons for normalization, normalization, formulation, formalization, legalization, implementationand guarantee of implementation of normative guidelines that contain constitutional rights, freedoms and responsibilities ofthe individual (individual) and citizen – they arise in the process of norm-making (law-making), an important part of which is the normprojectactivity in the sphere of formation and development of such constitutional-legal status.It is proved that in the process of defining the architectonics (structure) of the legal status of a person and a citizen, which is thecore of the normative expression of the basic principles of the relationship between the person and the state – in order to carry out normoprojectiveactivity in the field of expertise we face a number of difficulties of a definitive, methodological, ontological, ontologicaland a praxeological property that is directly relevant to the norm-design and find their solution in the process of such activity and itsresults, because the profile status is obtained from OE expression of the rights, freedoms and duties of man.

scholarly journals Conflict between an individual and the state in the concept of Max Stirner

2021 ◽  
pp. 99-110
Author(s):  
Igor' Olegovich Nadtochii ◽  
Sergei Vyacheslavovich Nikishin
Keyword(s):  
The State ◽  
Practical Implementation ◽  
Value Judgments ◽  
The World ◽  
German Philosopher ◽  
History Of ◽  
Max Stirner ◽  
The One ◽  
The Individual ◽  
The Relationship

The subject of this research is the views of the German classical philosopher Max Stirner on the individual, society, and the state reflected in his flagship work “The Ego and Its Own”. The object of this research is the anarchism as a unique trend in the world political and philosophical thought. On the one hand, the author emphasize the determinedness of the ideas of German philosopher by the historical atmosphere of his time, while on the other – view anarchism as the doctrine with the equally long history in the world thought and practical implementation of the anarchist concepts. The focus of M. Stirner's ideas lies in the conflict between an individual and the state. The scientific novelty of this article consists in the analysis of the essential conceptual conflict, immanent to the history of mankind, which is the foundation for M. Stirner’s original concept of the relationship between an individual, the state, and surrounding world. The trueness of being in the concept of German philosopher is determined by the embodiment of the anthropocentric, or according to M. Stirner, the “egoistic” ontological ideal. The authors' special contribution consists in the analysis of views of M. Stirner, as well as in tracing correlation between the  anarchist concepts and realization of the ideas of anarchism in one or another form. The authors show no reference to any value judgments related to this ideological phenomenon.

Citizenship For Sale?

2017 ◽  
pp. 788-816 ◽  
Author(s):  
Ayelet Shachar
Keyword(s):  
The State ◽  
Political Community ◽  
The Political ◽  
Net Worth ◽  
The Core ◽  
The Past ◽  
Political Implications ◽  
The World ◽  
The Individual ◽  
The Relationship

“There are some things that money can’t buy.” Is citizenship among them? This chapter explores this question by highlighting the core legal and ethical puzzles associated with the surge in cash-for-passport programs. The spread of these new programs is one of the most significant developments in citizenship practice in the past few decades. It tests our deepest intuitions about the meaning and attributes of the relationship between the individual and the political community to which she belongs. This chapter identifies the main strategies employed by a growing number of states putting their visas and passports “for sale,” selectively opening their otherwise bolted gates of admission to the high-net-worth individuals of the world. Moving from the positive to the normative, the discussion then elaborates the main arguments in favor of, as well as against, citizenship-for-sale. The discussion draws attention to the distributive and political implications of these developments, both locally and globally, and identifies the deeper forces at work that contribute to the perpetual testing, blurring, and erosion of the state-market boundary regulating access to membership.

scholarly journals Komu służy prawo? Libertariańska koncepcja Alberta Jaya Nocka

2021 ◽  
Vol 30 (4) ◽  
pp. 225
Author(s):  
Olgierd Górecki
Keyword(s):  
Natural Law ◽  
First Generation ◽  
The State ◽  
Positive Law ◽  
The Government ◽  
The Concept Of Law ◽  
Object Of Study ◽  
The Individual ◽  
The Relationship ◽  
Concept Of Law

<p>Albert Jay Nock (1870–1945) was a prominent opinion journalist of the first half of the 20<sup>th</sup> century, considered a representative of the first generation of libertarianism. The article is aimed at finding an answer to the question: Whom – according to Nock – does law serve? A key element of the problem is the internal dichotomy of the concept of law, which not only can be seen through the prism of the positivist-legal paradigm, but also constitutes the pillar of the jusnaturalistic concept. To properly arrange the object of study, the thesis was used according to which in Nock’s doctrine the existence of radically different assessment of the nature of man and his individual goals from the nature of the functioning of the State allows us to demonstrate the dichotomy of two opposing legal orders that serve the welfare of different entities (the individual and the State). To systematize the argument, the concept of the individual and his relations with the State was first presented, and then the dichotomy of the government and the State was discussed, which ultimately finally allowed to analyze the relationship between natural law and positive law.</p>

European Law as Transnational Law – Europe Has to Be Conceived as an Heterarchical Network and Not as a Superstate!

2009 ◽  
Vol 10 (10) ◽  
pp. 1357-1365 ◽  
Author(s):  
Karl-Heinz Ladeur
Keyword(s):  
Direct Relationship ◽  
The State ◽  
Public Deliberation ◽  
European Law ◽  
The European Union ◽  
Core Element ◽  
The Core ◽  
The One ◽  
The Individual ◽  
The Relationship

Due to the Europeanisation of law, and the constitutionalisation of the European Union in particular, the Habermas argument seems to be quite appealing to many. Globalisation is interpreted as having curbed the State's capability to impose norms on the transnational process of expanding markets. This evolution seems to have not only reduced the action potential of the State but, at the same time and even more importantly, it also has reduced the value of citizenship. Citizenship can no longer be the core element of the relationship between the individual and the State in the postmodern society. It cannot be constituted via a direct relationship with the State, which at the same time constitutes the realm of deliberation because the diffuse networks of transnational inter-relationships beyond the State cannot be reflected by the process of public deliberation. The space of the State is, on the one hand, too small. On the other hand, it may appear to be too big. Against this background Europe cannot be regarded as the bearer of the European acquis étatique (the acquired state).

scholarly journals Theoretical aspects of the state and local self- government authorities’ relations

2021 ◽  
pp. 92-103
Author(s):  
P. Trachuk ◽  
Iryna Anatoliyvna Nesterova
Keyword(s):  
Local Government ◽  
Social Groups ◽  
The State ◽  
General Description ◽  
Social Sphere ◽  
State And Society ◽  
State And Local ◽  
The Individual ◽  
The Relationship

The article investigates the theoretical and practical aspects of the main parameters of state and self-government structures, its interaction in the process of formation and development of the state, its separation from society. The authors make a general description of the state, local government, social sphere. Attention is paid to the issues of relations between local self-government and institutions of the state, society, institutions of human and citizen’ rights and freedoms. The objective factors of the relationship between the state and self-government principles are considered, including the degree of socio-economic maturity of society, the ratio and arrangement of social groups. An attempt to determine the role of the individual in the implementation of the harmonization of human and citizen rights and freedoms with the interests of the state and society has been made there.

The concept of social and legal responsibility of business: methodological discourse

2021 ◽  
pp. 50
Author(s):  
Rishat I. Gazizullin
Keyword(s):  
Social Relations ◽  
The State ◽  
Legal Responsibility ◽  
Independent Form ◽  
The Social ◽  
State And Society ◽  
Fair Principles ◽  
Scientific Reflection ◽  
The Individual ◽  
The Relationship

The article examines problematic issues related to the social and legal responsibility of business. In particular, the author argues that the concept of social responsibility of business is an ideological construct filled with meanings formed over almost two centuries as a result of scientific reflection on the relationship between business, state and society. An attempt has been made to present this concept as a relatively independent form of knowledge organization. It is emphasized that the trajectories of legal research must meet the needs of not only the state, but also society, the individual, one of which is the need to establish fair principles not only in respect of rights, but also obligations, responsibility to the individual and the state. The desire of law to streamline social relations by means of standardizing the behavior of not only individuals, but also legal entities, demonstrates movement and appeal to the highest moral and ethical categories, one of which is «responsibility».

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