Der Staat als Genossenschaft

2021 ◽  
Keyword(s):  
Historical Analysis ◽  
State Level ◽  
The State ◽  
History Of Political Thought ◽  
History Of ◽  
University College London ◽  
Legal Thinking ◽  
Key Terms ◽  
The Relationship

Langtext engl.: Otto von Gierke (1841–1921) has had a lasting influence on key terms and concepts related to the modern understanding of the state. This volume is divided into three systematic parts, in which Gierke's political and legal thinking is analysed from the different specialist perspectives of sociology, history, political science and jurisprudence. The focus of these different perspectives is his organic understanding of law and the state, which he consciously developed in different genres. At the same time, it also becomes clear what, if anything, can be taken from Otto von Gierke’s ideas for our own contemporary understanding of the state. The principle of subsidiarity and Gierke's strong emphasis on the role of communities and corporations below the state level, for example, make this particularly tangible. Gierke's work develops the relationship between cooperative law and constitutional law, thus succeeding in developing an innovative, organic understanding of law and the state on the basis of a comprehensive historical analysis. Prof. Dr. Peter Schröder is Professor of the History of Political Thought in the Department of History at University College London. With contributions by Niall Bond, Martin Espenhorst, Ben Holland, Céline Jouin, Jasper Kunstreich, Peter Nitschke, Tilman Repgen, Joachim Rückert, Jan Schröder, Peter Schröder and Helga Spindler.

scholarly journals Correlation between Philosophy and Theory of State and Law

2021 ◽  
Vol 39 (5) ◽  
Author(s):  
Oleg Grygor ◽  
Yuri Krysiuk ◽  
Angela Boyko ◽  
Vadim Zubov ◽  
Igor Sinegub
Keyword(s):  
Civil Rights ◽  
Theoretical Aspect ◽  
The State ◽  
Theory And Practice ◽  
Philosophy Of Law ◽  
Depth Study ◽  
History Of ◽  
Theory Of Law ◽  
The Relationship

At first glance, the relationship between philosophy and theory of law is not applied but is considered a purely theoretical aspect. This thesis is not correct due to the adoption of the European legal standard of human and civil rights, the role of philosophy of law, the foundations of the theory of state and law in the training of lawyers, the formation of future lawyers of high philosophical and methodological culture.In this article, based on the analysis of the history of philosophy of law and the general theory of state and law and their development, the authors justify as an autonomous status in the jurisprudence of the two disciplines, their relationship and vice versa - differences.To do this, the authors explored the historical excursion of world philosophical and legal thought, grouped scientific and theoretical views on the relationship between philosophy of law and theory of state and law and provided an argument for the close intersection of philosophy of law and theory of state and law, mobility between scientific disciplines.Close contact between philosophy and jurisprudence contributes to the understanding of law not only as a function of the state but also the essence of human spirituality.The authors concluded that the in-depth study of scientific and theoretical aspects of the relationship between philosophy, philosophy of law and theory of state and law is the result of bridging the gap between theory and practice and will further focus on expanding the interaction of philosophy, theory and law results of the functioning of the state and law.Emphasizing the relevance of the topic in terms of bridging the significant gap between theory and practice, between the declarative provisions of laws and their actual implementation, the legal, scientific community is increasingly expanding to enter the plane of the practical application of philosophical - theoretical thought.

Citizens of the future1

2017 ◽  
Author(s):  
Val Gillies ◽  
Rosalind Edwards ◽  
Nicola Horsley
Keyword(s):  
The State ◽  
History Of Ideas ◽  
Capitalist System ◽  
History Of ◽  
Role Of Parents ◽  
The Relationship ◽  
The Way

This chapter explores the history of ideas about intervention in family, highlighting attempts to shape children's upbringing for the sake of the nation's future. A consistent and influential idea has been that undesirable attitudes and actions, and the propensity for deprivation, are transmitted down the generations through the way that parenting shapes children's minds and brains. The chapter considers the relationship between interventions designed to address fears about the state of the nation in the form of poverty, crime, and disorder, and understandings of the role of parents and families as they link to shifting emphasises of the capitalist system across time.

Rap, Islam and Jihadi Cool: The attractions of the Western jihadi subculture

2021 ◽  
pp. 174165902110255
Author(s):  
Sune Qvotrup Jensen ◽  
Jeppe Fuglsang Larsen ◽  
Sveinung Sandberg
Keyword(s):  
Hip Hop ◽  
Historical Analysis ◽  
Recent Scholarship ◽  
Hip Hop Music ◽  
Hybrid Culture ◽  
History Of ◽  
The Aesthetic ◽  
The Relationship ◽  
Insight Into

Recent scholarship has explored the potential of subcultural theory for understanding the convergence of Western street and jihadi subcultures. The role of jihadi rap in this radical hybrid culture, however, is yet uncharted. We argue that subcultural analysis allows an understanding of the aesthetic fascination of jihadism, sometimes referred to as jihadi cool, and that jihadi rap should be seen as an integrated part of this cultural amalgam. To better understand the role of hip-hop in the hybrid street-jihadi culture, this paper offers a historical analysis of the relationship between hip-hop and Islam and detailed insight into the more contemporary, and marginal, phenomena of jihadi rap. We track the continuities and discontinuities from the presence of Black Islam in early hip hop to recent convergences between hip hop and jihadism. Our analysis draws on Lévi-Strauss concepts of bricolage and floating signifiers. Subcultures and hip-hop music are seen as bricolages that draw on a multitude of cultural references with their own particular history. In these cultural bricolages, Islam often acts as a floating signifier, with different and often ambiguous meanings. We argue and demonstrate that Islam has a long history of being part of hip-hop rebellion and attraction and that this, channelled through jihadi rap, can contribute to jihadi cool and the contemporary pull of Western jihadi subcultures.

MODERNITY AGAINST MODERNITY: WANG HUI'S CRITICAL HISTORY OF CHINESE THOUGHT

2006 ◽  
Vol 3 (1) ◽  
pp. 137-165 ◽  
Author(s):  
VIREN MURTHY
Keyword(s):  
Intellectual History ◽  
Historical Analysis ◽  
Chinese Thought ◽  
Critical History ◽  
History Of ◽  
Political Intervention ◽  
Chinese Intellectuals ◽  
Complex Relationships ◽  
The Relationship

In the last fifteen years or so, Chinese intellectuals have been heatedly debating the complex relationships between China's prospects, China's past, and the modern predicament. In this context Wang Hui has emerged as one of China's most challenging and controversial intellectuals. His work is controversial. At a time when intellectuals take modernization as a goal, Wang has consistently voiced reservations. Readers find his works challenging because, instead of criticizing modernity or capitalism from simple moral tenets, Wang has always sought to redefine the terms of the debate through detailed and sensitive historical analysis. Hence amidst his busy life as editor, professor, and polemicist, Wang has devoted more than ten years to writing his magisterial four volume book The Rise of Modern Chinese Thought (Zhongguo sixiang de xingqi), in which he fundamentally rethinks the relationship between modernity and Chinese thought. However, Wang's book is not just an immense contribution to historical and historiographical scholarship; his work is a self-consciously political intervention. Specifically, he highlights the role of intellectual history as critique and attempts to recover repressed elements of the past in order to question the structures that govern the present. In the last line of the conclusion to his book he writes, “the history that modernity loftily and even proudly rejects contains the inspiration and possibilities for overcoming its crisis.” Taking China as his focus, Wang attempts to write this history.

scholarly journals Тhe role of M. Gorky in the history of the publishing house “Detgiz”

2020 ◽  
Vol 18 (2) ◽  
pp. 407-424
Author(s):  
Elena Kudrina ◽  
Keyword(s):  
Publishing House ◽  
Central Committee ◽  
The State ◽  
Two Cities ◽  
History Of ◽  
The Creation ◽  
The Relationship ◽  
Preparatory Work

On September 9, 1933 the Central Committee of the CPSU(b) has issued a resolution on the establishment of the new press directed at children, the State Publishing House “Detgiz”. M. Gorky took part in the preparatory work for this resolution. He served as the main initiator and ideologue who inspired the creation of this new children’s publishing house. The article attempts to reveal Gorky’s role in the history of the Detgiz which was created as a unified entity of the publishing house “Young Guard” and the State Publishing House of Fiction (GIKHL). The new publishing house was located in two cities — Moscow and Leningrad – and this situation has affected its work and the relationship between the press’s editors. Gorky’s correspondence from the Gorky Archive in Moscow (IWL RAS), as well as various letter exchanges and the analyses of his contemporaries ‘recollections restore for us the turbulent history surrounding the foundation of this highly important and unique press.

The People in Question

2020 ◽  
Author(s):  
Jo Shaw
Keyword(s):  
International Institutions ◽  
Potential Role ◽  
State Level ◽  
The State ◽  
Citizenship Rights ◽  
Constitutional Amendments ◽  
The People ◽  
The Relationship ◽  
The Ideal

The book explores tensions in the relationship between citizenship and constitutions. It starts from the proposition that the citizen is a central figure in most if not all constitutional set-ups at the state level, and then highlights the paradox that in many constitutions matters of citizenship are not regulated in detail. The idea of the ‘constitutional citizen’ is developed and explored in Part Two, across chapters looking at the ideal of citizenship, modes of acquisition and loss of citizenship, and citizenship rights. Two themes emerge in those central chapters: the potential role of superordinate constitutional principles such as equality and dignity in filling out the concept of constitutional citizenship and the question as to how states should determine the boundaries of citizenship. Should it be via the constitution as interpreted by courts, or via the legislature as representing the people? Part Three of the book explores some of the challenges which the idea of constitutional citizenship faces today. It looks at the effects of the rise of populist politics in many countries, including the acceleration in some countries of constitutional amendments to mirror an exclusivist concept of the people. Then it turns to the fragmentation of the governance of citizenship. Here we see a turn away from an exclusive focus on the state and an increased impact of international institutions on citizenship. An exploration of the paradox of the simultaneous rise of populism and globalisation forms the centrepiece of the book’s conclusions.

How Finance Colonised Aotearoa: A Concise Counter-History

2019 ◽  
Vol 7 ◽  
pp. 41
Author(s):  
Catherine Cumming
Keyword(s):  
Financial Institutions ◽  
The State ◽  
Colonial History ◽  
Financial Instruments ◽  
Financial History ◽  
Early Colonial ◽  
History Of

This paper intervenes in orthodox under-standings of Aotearoa New Zealand’s colonial history to elucidate another history that is not widely recognised. This is a financial history of colonisation which, while implicit in existing accounts, is peripheral and often incidental to the central narrative. Undertaking to reread Aotearoa New Zealand’s early colonial history from 1839 to 1850, this paper seeks to render finance, financial instruments, and financial institutions explicit in their capacity as central agents of colonisation. In doing so, it offers a response to the relative inattention paid to finance as compared with the state in material practices of colonisation. The counter-history that this paper begins to elicit contains important lessons for counter-futures. For, beyond its implications for knowledge, the persistent and violent role of finance in the colonisation of Aotearoa has concrete implications for decolonial and anti-capitalist politics today.  

Muscovy and the Tatars

2020 ◽  
Vol 54 (4) ◽  
pp. 403-431
Author(s):  
Bulat R. Rakhimzianov
Keyword(s):  
Seventeenth Century ◽  
Social Institutions ◽  
The Political ◽  
East European ◽  
Central Eurasia ◽  
History Of ◽  
Mutual Relations ◽  
Forest Line ◽  
The Relationship

Abstract This article explores relations between Muscovy and the so-called Later Golden Horde successor states that existed during the fifteenth and sixteenth centuries on the territory of Desht-i Qipchaq (the Qipchaq Steppe, a part of the East European steppe bounded roughly by the Oskol and Tobol rivers, the steppe-forest line, and the Caspian and Aral Seas). As a part of, and later a successor to, the Juchid ulus (also known as the Golden Horde), Muscovy adopted a number of its political and social institutions. The most crucial events in the almost six-century-long history of relations between Muscovy and the Tatars (13–18th centuries) were the Mongol invasion of the Northern, Eastern and parts of the Southern Rus’ principalities between 1237 and 1241, and the Muscovite annexation of the Kazan and Astrakhan khanates between 1552 and 1556. According to the model proposed here, the Tatars began as the dominant partner in these mutual relations; however, from the beginning of the seventeenth century this role was gradually inverted. Indicators of a change in the relationship between the Muscovite grand principality and the Golden Horde can be found in the diplomatic contacts between Muscovy and the Tatar khanates. The main goal of the article is to reveal the changing position of Muscovy within the system of the Later Golden Horde successor states. An additional goal is to revisit the role of the Tatar khanates in the political history of Central Eurasia in the fifteenth and sixteenth centuries.

Idleness and Freedom in Michel de Montaigne’s “Essays”

2019 ◽  
Vol 29 (1) ◽  
pp. 189-202
Keyword(s):  
Intellectual History ◽  
Ancient Rome ◽  
Spiritual Quest ◽  
Guiding Principle ◽  
Sextus Empiricus ◽  
History Of ◽  
Self Knowledge ◽  
The Aesthetic ◽  
The Relationship

The article advances a hypothesis about the composition of Michel de Montaigne’s Essays. Specialists in the intellectual history of the Renaissance have long considered the relationship among Montaigne’s thematically heterogeneous thoughts, which unfold unpredictably and often seen to contradict each other. The waywardness of those reflections over the years was a way for Montaigne to construct a self-portrait. Spontaneity of thought is the essence of the person depicted and an experimental literary technique that was unprecedented in its time and has still not been surpassed. Montaigne often writes about freedom of reflection and regards it as an extremely important topic. There have been many attempts to interpret the haphazardness of the Essays as the guiding principle in their composition. According to one such interpretation, the spontaneous digressions and readiness to take up very different philosophical notions is a form of of varietas and distinguo, which Montaigne understood in the context of Renaissance philosophy. Another interpretation argues that the Essays employ the rhetorical techniques of Renaissance legal commentary. A third opinion regards the Essays as an example of sprezzatura, a calculated negligence that calls attention to the aesthetic character of Montaigne’s writing. The author of the article argues for a different interpretation that is based on the concept of idleness to which Montaigne assigned great significance. He had a keen appreciation of the role of otium in the culture of ancient Rome and regarded leisure as an inner spiritual quest for self-knowledge. According to Montaigne, idleness permits self-directedness, and it is an ideal form in which to practice the freedom of thought that brings about consistency in writing, living and reality, in all of which Montaigne finds one general property - complete inconstancy. Socratic self-knowledge, a skepticism derived from Pyrrho of Elis and Sextus Empiricus, and a rejection of the conventions of traditional rhetoric that was similar to Seneca’s critique of it were all brought to bear on the concept of idleness and made Montaigne’s intellectual and literary experimentation in the Essays possible.

International Legal Thought

2017 ◽  
Author(s):  
Thomas Kleinlein
Keyword(s):  
International Law ◽  
Historical Analysis ◽  
Critical Potential ◽  
Self Reflection ◽  
Legal Thought ◽  
History Of ◽  
Nineteenth And Twentieth Centuries

This contribution reflects on the role of tradition-building in international law, the implications of the recent ‘turn to history’ and the ‘presentisms’ discernible in the history of international legal thought. It first analyses how international legal thought created its own tradition in the nineteenth and twentieth centuries. These projects of establishing a tradition implied a considerable amount of what historians would reject as ‘presentism’. Remarkably, critical scholars of our day and age who unsettled celebratory histories of international law and unveiled ‘colonial origins’ of international law were also criticized for committing the ‘sin of anachronism’. This contribution therefore examines the basis of this critique and defends ‘presentism’ in international legal thought. However, the ‘paradox of instrumentalism’ remains: The ‘better’ historical analysis becomes, the more it loses its critical potential for current international law. At best, the turn to history activates a potential of disciplinary self-reflection.

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