An Answer to the Question

2016 ◽  
Author(s):  
John Mac Kilgore
Keyword(s):  
Immanuel Kant ◽  
Social Power ◽  
Colonial America ◽  
Living Will ◽  
Constituent Power ◽  
Thomas Paine ◽  
Revolutionary Era ◽  
Early American ◽  
The People ◽  
The Right

This chapter analyzes the broad history and philosophy of enthusiasm from the Antinomian Crisis of 1636-1638 in colonial America to the revolutionary Enlightenment at the end of the eighteenth century. From Immanuel Kant to Thomas Paine, Anne Hutchinson to Nathaniel Hawthorne, enthusiasm emerges as a discourse of “constituent power,” the notion in political theory that democracy emanates from the living will of the people and that individuals have the right, therefore, to resist or abolish governments that use the force of law to abuse them. The author argues that, in early American debates about religious antinomianism, especially women’s access to political or social power, the language of enthusiasm was a theological construct of “constituent power” that became overtly politicized in the Revolutionary era and eventually incorporated into Romantic philosophy. Finally, through short readings of Charles Brockden Brown’s Ormond and Sarah Pogson’s The Female Enthusiast, the chapter demonstrates that certain literatures of the early Republic define enthusiasm (as women’s dissent and constituent power) over/against domestic sensibility and the sentimental tradition.

scholarly journals The Strange Fruit of the Tree of Liberty: Lynch Law and Popular Sovereignty in the United States

2020 ◽  
Vol 18 (3) ◽  
pp. 819-834
Author(s):  
Michael Gorup
Keyword(s):  
United States ◽  
African Americans ◽  
Due Process ◽  
The United States ◽  
Popular Sovereignty ◽  
Modern Democracy ◽  
Constituent Power ◽  
The People ◽  
The Right

Lynch mobs regularly called on the language of popular sovereignty in their efforts to authorize lynchings, arguing that, as representatives of the people, they retained the right to wield public violence against persons they deemed beyond the protections of due process. Despite political theorists’ renewed interest in popular sovereignty, scholars have not accounted for this sordid history in their genealogies of modern democracy and popular constituent power. I remedy this omission, arguing that spectacle lynchings—ones that occurred in front of large crowds, sometimes numbering in the thousands—operated as public rituals of racialized people-making. In the wake of Reconstruction, when the boundaries of the polity were deeply contested, spectacle lynchings played a constitutive role in affirming and circulating the notion that the sovereign people were white, and that African Americans were their social subordinates.

scholarly journals SHARIA LAW OF TAX AMNESTY IN PERSPECTIVE OF THE SOUTH KALIMANTAN MUSLIM ECONOMISTS

2018 ◽  
Vol 18 (2) ◽  
pp. 140
Author(s):  
Firqah Annajiyah Mansyuroh
Keyword(s):  
Legal Aspect ◽  
Legal Aspects ◽  
Living Will ◽  
Standard Of Living ◽  
Legal Form ◽  
Criminal Sanctions ◽  
Tax Amnesty ◽  
The People ◽  
The Right ◽  
Administrative Sanctions

Abstract: The rising standard of living will require an ever-increasing budget. This can be seen from the size of the Indonesian government budget for 2017, revenue in the APBN only Rp 1750.3 trillion while spending reached Rp 2,080.5 trillion. One way to increase state revenues without adding a new burden to the community is through a tax amnesty program. This policy then from the legal aspect, especially the tax amnesty legislation contains legitimacy about not enforcing the applicable laws and regulations, especially regarding administrative sanctions, criminal sanctions and legal form of tax amnesty arrangement itself. From the legal aspects of Islam, this policy of tax amnesty cannot be ignored to see the elements of maslahat and mafsadat or the dominant effect it causes in society. Therefore, author consider the Muslim economist is the right person to be consulted about the policy of tax amnesty, so that the research on tax amnesty perspectives Muslim economist South Kalimantan conducted. This research is empirical law research, which is research done in certain environment, in this case done in South Kalimantan Province. The results found are Muslim economists of South Kalimantan have a view that is divided into two in terms of tax amnesty policy, namely agree and disagree. Those who agree with this policy have the foundation of the priestly (government) policy on the people based on the benefits and considering the amount of benefits obtained compared to the non-tax amnesty. 

Introduction

2020 ◽  
pp. 1-14
Author(s):  
Markus Patberg
Keyword(s):  
Rational Reconstruction ◽  
Constituent Power ◽  
Constitutional Development ◽  
The Third ◽  
The People ◽  
Competing Models ◽  
The Right ◽  
Oriented Approach ◽  
The Eu

This introductory chapter situates the question of constituent power in the context of the recent crises of European integration and lays out the main argument of the book. The European Union’s constitutional development largely evades popular control. While this problem has recently been exacerbated by forms of constitutional mutation, citizens have started to reclaim the right to shape the EU for ‘the people’—in the course of a politicization from below that spans Eurosceptic and pro-European voices. Against this background, the books seeks to determine how citizens could exercise constituent power in the EU in an effective and legitimate manner. The chapter explains how this question will be addressed in terms of methodology—namely, based on a practice-oriented approach focused on public narratives, models, and rational reconstruction. Finally, the chapter outlines the structure of the book, which is composed of three parts, of which the first sets the stage, the second is dedicated to the exploration of competing models, and the third constructs a new theory of constituent power in the EU.

Constituent Power and the Law

2020 ◽  
Author(s):  
Joel Colón-Ríos
Keyword(s):  
Latin American ◽  
Constitutional History ◽  
Constitutional Courts ◽  
Constituent Power ◽  
Constitutional Amendments ◽  
Constitutional Order ◽  
The People ◽  
The Right ◽  
Popular Initiative ◽  
Constitution Making

This book examines the place of the concept of constituent power in constitutional history, focusing on the legal and institutional implications that theorists, politicians, and judges have derived from it. It shows that constituent power, even though having historically been associated with extra-legality and violations of the constitutional order, has played important functions in the making of determinations of legal validity. Constitutional courts have employed it to justify their jurisdiction to invalidate constitutional amendments that alter the fundamental structure of the constitution and thus amount to a constitution-making exercise. Some governments have recurred to it to defend the legality of the transformation of the constitutional order through procedures not contemplated in the constitution’s amendment rule but considered participatory enough to be seen as equivalent to ‘the people in action’, and these attempts have sometimes been sanctioned by courts. Commentators and citizens have relied on the theory of constituent power to defend the idea that electors have the right to instruct representatives, and that the creation of new constitutions must take place through extra-legislative entities, such as primary assemblies open to all citizens. Several Latin American constitutions explicitly incorporate the theory of constituent power and allow citizens, acting through popular initiative, to trigger constitution-making episodes that may result in the replacement of the entire constitutional order. Building on these findings, the book ultimately develops a distinction between sovereignty and constituent power and argues that even a constitution-making body can be made legally subject to the conditions arising from a constituent referendum.

scholarly journals Constituent Power from Cultural Practice: Implications from the Malheur Wildlife Refuge Occupation

2020 ◽  
pp. 114-131
Author(s):  
Juho Turpeinen
Keyword(s):  
Colonial America ◽  
Cultural Practice ◽  
Constituent Power ◽  
Post Colonial ◽  
Wildlife Refuge ◽  
The People ◽  
The Subject ◽  
Self Knowledge ◽  
Theories Of Sovereignty

Sovereignty as cultural practice can explain the possibility of the people as the subject of constituent power. I transpose Panu Minkkinen’s division of theories of sovereignty onto the cultural plane: ‘Acephalous’ sovereign self-knowledge is not only productive of the framework for a legal constitution, but subjectivises ‘autocephalous’ sovereignty – the people as the subject of constituent power – that can then act on the ‘heterocephalous’ stage of politics. Through a case study of the armed occupation of the Malheur National Wildlife Refuge, I consider sovereignty’s relationship with land – juxtaposing it with neoliberalism and anti-statism, which threaten to undo the people as a subject of constituent power – and complicate this reading by placing it in the context of post-colonial America. I conclude that sovereignty not only remains a powerful counterforce to neoliberal, anti-democratic projects, but that alliances with the state to construct the people as the subject of constituent power can serve this purpose. At the same time, the post-colonial context undermines these alliances as an emancipatory force.

Analytical Study of Violence Theme in Victoria Schwab’s This Savage Song

2019 ◽  
Keyword(s):  
Analytical Study ◽  
Research Paper ◽  
The Novel ◽  
Vicious Cycle ◽  
Aggressive Approach ◽  
Research Article ◽  
The People ◽  
The Social ◽  
Different Dimensions ◽  
The Right

This research article focuses on the theme of violence and its representation by the characters of the novel “This Savage Song” by Victoria Schwab. How violence is transmitted through genes to next generations and to what extent socio- psycho factors are involved in it, has also been discussed. Similarly, in what manner violent events and deeds by the parents affect the psychology of children and how it inculcates aggressive behaviour in their minds has been studied. What role is played by the parents in grooming the personality of children and ultimately their decisions to choose the right or wrong way has been argued. In the light of the theory of Judith Harris, this research paper highlights all the phenomena involved: How the social hierarchy controls the behaviour. In addition, the aggressive approach of the people in their lives has been analyzed in the light of the study of second theorist Thomas W Blume. As the novel is a unique representation of supernatural characters, the monsters, which are the products of some cruel deeds, this research paper brings out different dimensions of human sufferings with respect to these supernatural beings. Moreover, the researcher also discusses that, in what manner the curse of violence creates an inevitable vicious cycle of cruel monsters that makes the life of the characters turbulent and miserable.

Main Forms of Propagandistic Activities of the Right-Wing Parties (1904–1914)

2020 ◽  
Vol 102 ◽  
pp. 656-676
Author(s):  
Igor V. Omeliyanchuk
Keyword(s):  
20Th Century ◽  
Social Groups ◽  
Right Wing ◽  
Periodical Press ◽  
Political Movement ◽  
The People ◽  
The Social ◽  
The Right ◽  
In The Beginning ◽  
The 19Th Century

The article examines the main forms and methods of agitation and propagandistic activities of monarchic parties in Russia in the beginning of the 20th century. Among them the author singles out such ones as periodical press, publication of books, brochures and flyers, organization of manifestations, religious processions, public prayers and funeral services, sending deputations to the monarch, organization of public lectures and readings for the people, as well as various philanthropic events. Using various forms of propagandistic activities the monarchists aspired to embrace all social groups and classes of the population in order to organize all-class and all-estate political movement in support of the autocracy. While they gained certain success in promoting their ideology, the Rights, nevertheless, lost to their adversaries from the radical opposition camp, as the monarchists constrained by their conservative ideology, could not promise immediate social and political changes to the population, and that fact was excessively used by their opponents. Moreover, the ideological paradigm of the Right camp expressed in the “Orthodoxy, Autocracy, Nationality” formula no longer agreed with the social and economic realities of Russia due to modernization processes that were underway in the country from the middle of the 19th century.

Paradigma Pembangunan Desa dalam Pengelolaan Keuangan Desa Berdasarkan Undang-Undang Nomor 6 Tahun 2014 Tentang Desa

2020 ◽  
Vol 3 (2) ◽  
pp. 117-132
Author(s):  
Betha Rahmasari
Keyword(s):  
Regional Development ◽  
Financial Management ◽  
Sustainable Use ◽  
Economic Potential ◽  
Village Community ◽  
Development Organizations ◽  
The People ◽  
The Government ◽  
The Right ◽  
The Village

This article aims to find out the developmentidea or paradigm through village financial management based on Law Number 6 of 2014 concerning Villages. In this study, the researcher used a normative research methodby examining the village regulations in depth. Primary legal materials are authoritatuve legal materials in the form of laws and regulations. Village dependence is the most obvious violence against village income or financial sources. Various financial assistance from the government has made the village dependent on financial sources from the government. The use of regional development funds is intended to support activities in the management of Regional Development organizations. Therefore, development funds should be managed properly and smoothly, as well as can be used effectively to increase the people economy in the regions. This research shows that the law was made to regulate and support the development of local economic potential as well as the sustainable use of natural resources and the environment, and that the village community has the right to obtain information and monitor the planning and implementation of village development.

Konsistensi Implementasi Hak Menguasai Negara Dalam Upaya Mengatasi Dominasi Perekonomian Asing Guna Mewujudkan Kemandirian Ekonomi Nasional

Jurnal Hukum ◽  
2014 ◽  
Vol 30 (2) ◽  
pp. 1477
Author(s):  
Suparji Suparji
Keyword(s):  
The State ◽  
Economic Activities ◽  
The People ◽  
The Right

 AbstractThe president—Jokowi, has a mandate from the people to make Indonesia to be more equitable and prosperous. In order to fulfill this mandate, he has set nine priority programs known as the concept of Nawa Cipta. This program calls for concrete steps so as not merely a wish list. The most fundamental thing in economics field is how the constitutional mandate that the right to dominate the state can be realized in the management of economic activities, including in dealing with foreign economic domination in IndonesiaKeywords: implementation, the right to dominate the state, foreign economic domination.  AbstrakPresiden Jokowi telah mendapatkan mandat dari rakyat untuk mewujudkan Indonesia yang lebih adil dan sejahtera. Dalam rangka memenuhi mandat tersebut, telah ditetapkan sembilan program prioritas       yang dikenal dengan konsep Nawa Cipta. Program ini tentunya memerlukan langkah-langkah kongkret sehingga tidak sekedar menjadi daftar keinginan. Hal yang paling mendasar dalam bidang ekonomi adalah bagaimana amanat konstitusi yakni hak menguasai negara dapat diwujudkan dalam pengelolaan kegiatan perekonomian, termasuk dalam mengatasi dominasi perekonomian asing di Indonesia.  Kata kunci: implementasi, hak menguasai negara, dominasi perekonomian asing  

Sign in / Sign up

Export Citation Format

Share Document