scholarly journals A Ciceronian Defense of Democratic Participation

2021 ◽  
Vol 20 (47) ◽  
pp. 103-129
Author(s):  
Xinzhi Zhao

Opposing the usual elitist presentation of Cicero, I identify three arguments favoring democratic participation in De re publica and De legibus. The first sees democratic participation as a demand of the common people, which results from their untamable desire for freedom and must be fulfilled to avoid civil unrest. The second sees it as an instrument to lessen the likelihood of elites’ corruption. The third incorporates the previous two under an account of state legitimacy, arguing that democratic participation is just because without it, the civic community under a state’s rule cannot be a partnership and hence the state cannot be a legitimate one as a common property of the people. I argue that this account of state legitimacy differs from the one in Pettit’s republicanism and may help clarify the normative commitment to the public nature of the state that underlies the current “realist” and “instrumental” defenses of democracy.

2020 ◽  
Vol 8 (10) ◽  
pp. 297-304
Author(s):  
S.I. Humayun ◽  
◽  
Col. Navneet Dahiya

The state of Jammu and Kashmir (now a UT after the abrogation of article 370) is not only the casus belli of three wars between India and Pakistan but is also a possible nuclear flashpoint. Thus the security situation in Jammu and Kashmir (J&K) is a cause of concern not only for the two states but also for South Asia and the entire world. The state-sponsored proxy war in J&K and the resultant militarization of the entire state has turned the situation into a vicious spiral that threatens to go out of control every few years since the 1980s. The dynamics of Kashmir valley have also oscillated from peaceful marches on one end to the forced exodus of Kashmiri Pandits, mass murders by the terrorists, heavy-handedness by the security forces, and violent protests across the Kashmir valley. Amongst this melee of constant violence and curbs on a day to day freedom, the ultimate losers are the people of the state. The aspirations and happiness of these common people have somehow been lost on the state and national governments, the curbs on the flourishing of civil society, and the environment of fear generated by the so-called militants and militarization of the state. An analysis of these mass protests gives out the general mood of the public if not the actual aspirations of the people. The factors causing the security situation in the valley to deteriorate need to be taken cognizance of not only in the domain of law and order but also in the modifications to the approach required to renew and reestablish a compact with the people of the state.


2020 ◽  
Vol 8 (3) ◽  
pp. 477
Author(s):  
Muhammad Fikri Alan

<em>This paper seeks to use economic and law approaches in looking at the problems that occur over the construction of New Yogyakarta International Airport (NYIA). According to the legal approach that is often done, it has not given a clear meaning of what the phrase "public interest" is. In fact, the meaning of this phrase becomes very important, considering that this is used as the basis by the state in seizing the right to land owned by people, which is then used for the construction of the airport. For the economic approach method, it is expected to be able to complete the approach, by analyzing whether the current development process can benefit the country economically or not. Thus, the use of economic approaches, in this case is the NYIA's development policy, in fact, can be ambiguous. On the one hand it can be a justification for the state to continue the development process. On the other hand, it can be a justification for the people who until now continue to expect the development of the NYIA to be halted.</em>


Legal Concept ◽  
2020 ◽  
pp. 13-20
Author(s):  
Svyatoslav Biryukov ◽  
Mikhail Bobovkin ◽  
Mikhail Shmatov

Introduction: the Constitution of the Russian Federation and other Federal laws in this country guarantee the protection of the population against crimes, including criminal attacks of extremist orientation. However, recently there has been a steady trend towards an increase in the number of committed crimes of extremist orientation, which determines the need to improve the quality of protection of individual rights, and along with them, the constitutional framework of the state, since demonstratively committed extremist crimes cause a great public response and contribute to the undermining of state power. The crime statistics show a significant increase in the number of extremist crimes; there is a natural tendency to spread the ideas of extremism among the population. Unfortunately, only some of the extremist crimes are counted as such in the official statistics. The crimes of this category are often registered without taking into account the qualifying feature – the motive of national, racial, religious hatred or enmity, and, as a result, are not considered in the group of crimes of extremism. Another reason for not fully accounting for these crimes is their latency: not all victims of such criminal actions declare this for various objective and subjective reasons. The public danger of crimes of the group in question is due, on the one hand, as usual, to their group character, and on the other hand, such illegal actions incite interethnic and other hatred, which is very harmful in the context of the efforts being made to build a civil society. Currently, the legislative bodies do not clearly pay enough attention to the organization of counteraction to extremism as an anti-social phenomenon. For example, over the past ten years, the problems of countering extremism have been resolved through the adoption of only four normative legal acts of a national nature. In this regard, the authors aim to give a general description of such a phenomenon as extremism and the state of the fight against such crimes. Methods: the methodological framework for this research is a set of methods of scientific knowledge, among which the main ones are the methods of information processing and logical analysis, synthesis, induction, deduction and generalization. Results: the authors’ content of the general characteristics of extremism and analysis of the current state of the fight against crimes of extremist orientation actualizes the problem of the need to improve the state of the theoretical base, prepare recommendations based on it, which would contribute to improving the efficiency of the state authorized bodies in the fight against various manifestations of extremism, and primarily in order to solve and investigate crimes of extremist orientation. Conclusions: the study has given the general characteristics of extremism and the analysis of the current state of the fight against extremist crimes in order to inform law students, and the teaching staff of law schools and practitioners to better understand the characteristics and dangers of this phenomenon.


2020 ◽  
Vol 11 (1) ◽  
pp. 73-81
Author(s):  
Man Kumar Rai

   The objective of this article is to analyze the use of satire in three poems, from Rupesh  Shrestha’s volume of poems Ghintang Ghishi Twank in order to examine use of the suffering of voiceless people. The poems depict absurdities of the society and hypocrisy of the leaders which are the causes of poor people‟s pains. This poems exhibit how follies, vices and absurdities are hurdle in transforming society into prosperous one. The poet has berated them with the aim of bringing positive change in the society and in the lives of the common people. The poet mocks at the political changes which have brought change only in the lives of political leaders, not in the lives of the people who have been ignored by the state for long. Despite many anxieties, they enjoy dancing and playing sticks in their hands on the special occasion of Gaijatra. The poems are collection of sharp words which are used to butt the corrupt politicians. For this, the elements of Juvenalian satire have been used as tools for analysis of the selected poems. This study highlights upon the anxieties of marginalized people; demonstrates the shameful act of politicians; and exposes the absurdities prevailed in the society. It indicates that the political and social absurdities are subject to be poked in order to reform a society.


2016 ◽  
Vol I (I) ◽  
pp. 85-100
Author(s):  
Ahmed Sohail ◽  
Ahmed Fasih ◽  
Zubair Muhammad

The respect of human rights in a society determines the destination of that society or state. It is the level of satisfaction of citizens of a country which convinces them to work for the growth and progress of that state or society. The people of FATA are living under a draconian law which is known as Frontier Crime Regulations (FCR). There is agrave human rights violation of the people of FATA under this law. Freedom of speech, freedom of expression etc. are hampered by the FCR and the common people live under a threat of collective punishment as well. Moreover, due to military operations against the militants in the area, millions of people from FATA have been displaced. At times, there are grave violations of human rights of the displaced persons as well. This paper will explore the state of human rights in FATA in general and evaluates its impact on the Federation of Pakistan. The paper evaluates different instances of human rights violation in various agencies of FATA and their root causes as well.


2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Winda Roselina Effendi

Walfare State concept born in the era of the 20th century as a correction of the development of the concept of the country as night watchman, the phenomenon of economic capitalism that gradually leads to lameness in the distribution of sources of prosperity. In the Walfare State concept, the state is required to extend its responsibility to the socio-economic problems facing the people. The functions of the state also include activities that were previously beyond the scope of state functions, such as extending the provision of social services to individuals and families in specific matters, such as social security. The role of the state can not be separated with Welfare State because the state that plays a role in managing the economy which includes the responsibility of the state to ensure the availability of basic welfare services in certain levels. Welfare State does not reject the existence of a capitalist market economy system but believes that there are elements in the public order that are more important than market objectives and can only be achieved by controlling and limiting the operation of such market mechanisms.Keywords: walfare state, country, economic systemKonsep Walfare State yang lahir di era abad ke-20 sebagai koreksi berkembangnya konsep negara sebagai penjaga malam, gejala kapitalisme perekonomian yang secara perlahan-lahan menyebabkan terjadinya kepincangan dalam pembagian sumber-sumber kemakmuran bersarma. Dalam konsep Walfare State, negara dituntut untuk memperluas tanggung jawabnya kepada masalah-masalah sosial ekonomi yang dihadapi rakyat. Fungsi negara juga meliputi kegiatan-kegiatan yang sebelumnya berada diluar jangkauan fungsi negara, seperti memperluas ketentuan pelayanan sosial kepada individu dan keluarga dalam hal-hal khusus, seperti social security, kesehatan.  Peran negara tidak bisa dipisahkan dengan Welfare State karena negara yang berperan dalam mengelola perekonomian yang yang di dalamnya mencakup tanggung jawab negara untuk menjamin ketersediaan pelayanan kesejahteraan dasar dalam tingkat tertentu. Welfare State tidak menolak keberadaan sistem ekonomi pasar kapitalis tetapi meyakini bahwa ada elemen-elemen dalam tatanan masyarakat yang lebih penting dari tujuan-tujuan pasar dan hanya dapat dicapai dengan mengendalikan dan membatasi bekerjanya mekanisme pasar tersebut. Kata Kunci: walfare state, negara,sistem ekonomi 


2021 ◽  
pp. 310-312

This chapter examines Hanna Yablonka's Children by the Book, Biography of a Generation: The First Native Israelis Born 1948–1955 (2018). This book is unique in that it is neither politically committed to nationalist political slogans that are thrown daily into the arena of Israeli politics in the days of Netanyahu nor connected to the one-dimensional, sweeping condemnation of critics of the Israeli enterprise on the Right and Left. Instead, it suggests to set aside, even if only for a moment, what Yablonka calls “the current Israeli discourse, which furiously shatters everything that has happened in the state since it was established, brutally erasing all the achievements of Little Israel.” Yabonka is guided by Karl Mannheim's concept of a “historical generation”: a group in which there is a shared historical consciousness derived from historical experience. She shows how the state educational system fashioned the image of the new Israeli, endowing children with a local, native identity and imbuing them with the consciousness of belonging both to the people and to the land.


2021 ◽  
pp. 53-96
Author(s):  
Alexis Easley

This chapter provides an in-depth examination of the career Eliza Cook. After publishing her first book, Lays of a Wild Harp, Cook submitted verse to the Weekly Dispatch and soon thereafter became its house poet. By 1847, Cook was serving as editor of the paper’s ‘facts and scraps’ column, a position that enabled her to hone her editorial skills and publish the work of fellow women writers. Cook’s masculine appearance violated the poetess norm of the period, as did her romantic partnership with American actress Charlotte Cushman, but this seemed only to enhance her image as an eccentric yet accessible poet of the people. In 1849, she parlayed this fame into the founding of her own Eliza Cook’s Journal, which initially surpassed Dickens’s Household Words in popularity. Yet as the 1840s gave way to the more conservative 1850s, Cook was frequently the target of gender-trolling attacks in the popular press, which defined her as a sexual deviant on the one hand and a second-rate poet on the other. This notoriety may have been one factor that forced her to retreat from the public eye in 1852—a move that initiated her gradual disappearance from literary history.


Author(s):  
John L. Allen

In Catholic argot, the various rites and rituals of the Church are known as “liturgies,” from the ancient Greek term leitourgia, meaning “work,” referring to the public work of the state done on behalf of the people. The term was used in Greco-Roman...


Author(s):  
Patricia Ebrey ◽  
Margaret Meserve

This chapter explores the similarities and differences in methods of conveying information to common people in two societies where printing was coming into greater use — the huge agrarian empire of Song China (tenth to thirteen centuries) and the city of Renaissance Rome (fourteenth to fifteenth centuries). The Song material is strongest on the bureaucratic reasons for posting notices and the language used in them. Authors preserved hundreds of notices, probably seeing in them proof of their serious commitment to promoting the welfare of the people under them. The sources for notice-posting in Renaissance Rome are fuller on the practices associated with circulating notices throughout the city on church doors both by the papacy and by its critics, who sometimes posted satirical or contemptuous notices at the same sites. The posting of notices in Renaissance Rome was a bureaucratic practice that had strong ritualistic overtones, was often highly politicized, and therefore could easily be subverted by critics of the regime.


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