Legitimität des Staates

2020 ◽  

In these times of globalisation and the denationalisation and questioning of state sovereignty, the question of the legitimacy of the state has become particularly explosive. If power is to be transformed into justified rule through the concept of legitimacy, legitimacy as such requires close examination. In this context, it is not only necessary to ask what the recognition of a legal system is based on, but also how its recognition can be justified. The complexity of the concept of legitimacy suggests that it should be considered from different perspectives and that these perspectives should be combined to form a comprehensive overall picture. The spectrum of disciplines involved in this volume includes ethnology, psychology, law, state theory, political science and philosophy. It is divided into the following thematic blocks: empirical approaches, social science approaches, theoretical approaches and development issues. With contributions by Hermann Amborn, Eva Birkenstock, Sergio Dellavalle, Andreas Funke, Andreas Glöckner, Tobias Herbst, Ulf Kemper, Lando Kirchmair, Anna Katharina Mangold, Andreas Niederberger, Utz Schliesky, Peter Seyferth, Rüdiger Voigt, Claudia Wirsing und Sabrina Zucca-Soest

1997 ◽  
Vol 29 (5) ◽  
pp. 831-864 ◽  
Author(s):  
M R Jones

In this paper I assess the value of regulation theory for studying transformations in governance at the local level, focusing on the issue of local economic development. Adopting a third-generation approach, regulation theory is recognised as having varied success at theorising local governance. More advanced third-generation approaches offer some useful concepts that require integration through mid-level concepts. This is to be contrasted to approaches which ‘read off’ local transformation from broader macroeconomic change. Both approaches are, however, trapped in the regulationist enigma, defined in the paper as the difficulty of employing regulation theory to theorise local transformations in local governance. In order to solve the enigma, I utilise concepts from Jessop's strategic-relational state theory. This approach stresses, amongst other things, the political nature of state intervention. Jessop's approach is, however, not sufficiently sensitive to space and I introduce the notion of spatial selectivity to understand adequately the dynamics of local change. Spatial selectivity implies that the state has a tendency to privilege certain places through accumulation strategies, state projects, and hegemonic projects. The process of geographical privileging, which is implied by the notion of spatial selectivity, takes on both material and ideological forms. This tentative concept is explored through a reworking of theoretical approaches to Thatcherism. I conclude by highlighting issues that spatial selectivity needs to address, namely uneven development and structure—strategy—agency dialectics.


2021 ◽  
Vol 5 (2) ◽  
pp. 81
Author(s):  
Romilson Silva Sousa

A grande mortalidade de negros e pobres em nossa contemporaneidade, abre uma reflexão sobre a vida, a ética e a justiça e suas relações com a necropolítica nos forçando a repensar o Estado e sua racionalidade ético-civilizatória (SOUSA, 2020b). Compreender o Estado, a Ciência Política e seus arquétipos é necessário para entendermos as origens das relações de poder e as relações étnico-raciais que marcaram e marcam a formação e a reprodução da iniquidade na história da raça humana. Denunciada pela literatura marginal dos pesquisadores e intelectuais negros (SOUZA, 2000) a literatura oficial carece de suplementação de outras perspectivas. Considerando que apesar de tradições historiográficas diferentes, tanto para Nietzsche como para Foucault e Paul Ricoeur, a verdade é histórica, pensar a interdisciplinaridade entre história, filosofia e literatura, implica em construir um tipo de genealogia das relações de poder sob a ótica de uma ética que é civilizatória e epistêmica. Considerando que as narrativas míticas podem recompor um saber eticamente comprometido com novas epistemologias e novas perspectivas interpretativas. Deste modo a importância da literatura mítica (SOUSA, 2020, 2020b) para a recomposição epistemológica de discursos na literatura bíblica. Uma pergunta foi o ponto de partida: quais as contribuições da literatura mítica para a compreensão da Ciência Política? Nosso objetivo então foi identificar aspectos da literatura mítica capaz de contribuir para uma outra interpretação para a ciência política. Tivemos por objetivos específicos: compreender a razão e a racionalidade de estado; analisar a racionalidade ético-civilizatória no Estado; identificar o papel dos arquétipos na literatura mítica e suas contribuições para a formação do Estado.  Partindo dos processos de formação histórico-cultural e da dialética presente nas relações étnico-raciais nas racionalidades ético-civilizatórios, a literatura mítica (SOUSA, 2020) utilizamos como referências principais no estudo da cultura e civilização egípcia:  Camara (2011), Diop (1974, 1991, 2014). Serviram também como fonte de pesquisa bibliográfica a literatura bíblica e a egípcia. Utilizamos uma metodologia baseada na bricolagem (KINCHELOE & BERRY, 2007). Sugerimos em nosso trabalho sugere a necessidade de considerarmos a literatura mítica na análise das relações entre poder e o Estado, a partir dessa literatura como um lócus epistêmico para a outra compreensão da materialidade teoria do Estado. AbstractThe high mortality of blacks and the poor in our contemporaneity opens a reflection on life, ethics and justice and its relations with the necropolitics, forcing us to rethink the State and its ethical-civilizing rationality (SOUSA, 2020b). Understanding the State, Political Science and its archetypes is necessary to understand the origins of power relations and the ethnic-racial relations that have marked and mark the formation and reproduction of inequity in the history of the human race. Denounced by the marginal literature of black researchers and intellectuals (SOUZA, 2000), the official literature needs supplementation from other perspectives. Considering that despite different historiographical traditions, both for Nietzsche and for Foucault and Paul Ricoeur, the truth is historical, thinking about the interdisciplinarity between history, philosophy and literature, implies building a kind of genealogy of power relations from the perspective of an ethics which is civilizing and epistemic. Considering that mythic narratives can recompose knowledge ethically committed to new epistemologies and new interpretative perspectives. Thus, the importance of mythical literature (SOUSA, 2020, 2020b) for the epistemological recomposition of discourses in biblical literature. One question was the starting point: what are the contributions of mythical literature to the understanding of Political Science? Our aim, then, was to identify aspects of mythical literature capable of contributing to another interpretation for political science. We had for specific objectives: to understand the reason and rationality of state; to analyze the ethical-civilizing rationality in the State; to identify the role of archetypes in mythical literature and their contributions to the formation of the State. Starting from the processes of cultural historical formation and the dialectic present in the ethnic-racial relations in the ethical-civilizing rationalities, the mythical literature (SOUSA, 2020) we used as main references in the study of Egyptian culture and civilization: Camara (2011), Diop (1974, 1991, 2014). Biblical and Egyptian literature also served as a source of bibliographic research. We use a methodology based on DIY (KINCHELOE & BERRY, 2007). We suggest in our work suggests the need to consider mythical literature in the analysis of the relations between power and the State, from that literature as an epistemic locus for the other understanding of the State theory materiality.


Societies ◽  
2021 ◽  
Vol 11 (1) ◽  
pp. 9
Author(s):  
Nate Breznau

Reliability, transparency, and ethical crises pushed many social science disciplines toward dramatic changes, in particular psychology and more recently political science. This paper discusses why sociology should also change. It reviews sociology as a discipline through the lens of current practices, definitions of sociology, positions of sociological associations, and a brief consideration of the arguments of three highly influential yet epistemologically diverse sociologists: Weber, Merton, and Habermas. It is a general overview for students and sociologists to quickly familiarize themselves with the state of sociology or explore the idea of open science and its relevance to their discipline.


1985 ◽  
Vol 5 (1) ◽  
pp. 107-120 ◽  
Author(s):  
B. Guy Peters

The most basic question about the structure and organization of government is Why we should be concerned about this question at all?' Many of us trained in political science programs during the behavioral revolution were taught to believe that the structures of government were insignificant as a focus for research. The structures ofgovernment became encapsulated in an opaque black box; that part of the political system where decisions were made. Fortunately, this view no longer prevails and there is increasing interest in structural questions, in part generated by the increasing interest in the state as a focus for political inquiry (Dyson, 1980; Benjamin and Elkin, 1985). Much of the work on the state as yet, however, leaves that concept largely undifferentiated and has not dealt systematically with the structure of the state apparatus. Thus, concern for the development of state theory, as well as the concerns of those interested in public policy, has returned structural questions to a more central position in political science.


Author(s):  
V. Shamrai ◽  
I. Sliusarenko

The article deals with theoretical and methodological approaches to the essence of the state sovereignty in modern conditions of legal globalization and European interstate integration from the point of view of searching for effective means of complex legal modernization of society. The author analyzes the legal content of this category, shows its specific features, reveals the importance of the processes of improving the basic elements of social relations and constitutional modernization of society and the state in modern conditions of legal globalization and European interstate integration. The need for further improvement of constitutional and legal regulation of the most important social relations as a key direction of legal modernization of social relations in a modern democratic state based on the fundamental foundations of European constitutionalism is underlined. At the same time, at the doctrinal level, there is no doubt that the Constitution of Ukraine has a certain degree of almost all the well-known features of the world, in particular, the European, constitutions. Summarizing the above, we consider it necessary to highlight the following main formal and legal features of the Constitution of Ukraine, which is the fundamental ground for modern constitutional and legal reform in our state: 1) a special subject accepting (people's character); 2) the fundamental (institutional) nature; 3) stability is coupled with dynamism; 4) reality; 5) formal and legal properties: the Constitution – the Fundamental Law of Ukraine; its highest legal force; Constitution – the legal base of legislation; A special procedure for making and amending; Special content and structure of the Constitution; Direct effect of its norms. This list is not exhaustive, but in our opinion, it is optimal for defining the main tasks and principles of constitutional and legal reform in the current conditions of legal globalization and European interstate integration. Thus, with the improvement of the Constitution of Ukraine as the main source of constitutional law of Ukraine, it is necessary to focus not only on the modernization of certain institutions that regulate it, but also on the strengthening of its legal properties in general. In other words, the leading role of the Constitution in the system of sources of constitutional law of Ukraine is due to its inherent legal properties, ensuring their effectiveness in society and is a priority task of modern constitutional and legal reform. Thus, under the constitutional and legal reform, in today's conditions of legal globalization and European interstate integration, it is necessary to reform of the sphere of constitutional law directly as a leading national branch of law of Ukraine, the formally-legal improvement and improvement of the constitutional legal material at all its system levels, as provisions, institutions, sub-sectors and industry as a whole. It should also be noted that the subject and object of the branch of constitutional law varies in modern conditions under the influence of a whole range of objective factors of legal and political reality, in particular, it refers to the processes of legal globalization and intergovernmental integration, which, in turn, internally causes the emergence of new branches and subnets of national law, strengthening the internationalization of constitutional law and the constitutionality of international and European law, the adaptation of domestic constitutional laws and to basic European legal standards as a prerequisite quality of the constitutional and legal reform in accordance with objectively existing conditions of society. The need for further improvement of the constitutional and legal regulation of the most important social relations as the most important line of public power in the context of the perception of the European legal system by the national legal system of Ukraine


Yustitia ◽  
2019 ◽  
Vol 5 (1) ◽  
pp. 129-140
Author(s):  
Siti Sumartini

The power of theories regarding the principle of sovereignty and equality of the state began to diminish. Every independent country is a sovereign country. they are free to make policies to regulate the economic, political, legal and other systems within their country, however, today's development experiences a shift in meaning, what was previously the authority or full sovereign action of a country has diminished its understanding when the interests of other countries are disrupted or international needs require state sovereignty to be subject to universal rules and highest norms (erga omnes). In this study using a normative juridical approach and descriptive analytical research specifications. The data used in this study are secondary data consisting of primary, secondary and tertiary legal materials. Data obtained through library studies in the form of legislation, books, journals, and authoritative electronic media. The results of this study are 2 (two) explanations, namely First. that state sovereignty does not conflict with the international legal system, that state sovereignty can be used in the framework of forming an international legal system. Secondly, the universality of international law provides restrictions on the sovereignty of the state to be applied properly and the principle of respecting universal values ​​in order to maintain human dignity and their life.  


2012 ◽  
Vol 20 (3) ◽  
pp. 201-212
Author(s):  
Elmar Flatschart

Abstract The present review essay discusses Peter Bratsis’s work Everyday Life and the State (2006). It is argued that Bratsis produces a sound contribution to the on-going debate on state theory, which has its particular strengths in the innovative treatment of the public-private divide and an elaborate critique of fetishistic and ideological relations in the field of the political. In this, Bratsis builds on a broad range of structuralist, poststructuralist and dialectical positions. Deficiencies of his work are likewise to be found in this bricolage of theoretical approaches: it is argued that conflicting epistemological and ontological fundamentals are not sufficiently taken into account, which consequently leads to reductionist and errant conclusions. This is especially evident in the confusion of ‘structuralist’ and ‘dialectical’ heuristics, which leads to an insufficiently materialist picture of the state in relation to ‘everyday life’.


Author(s):  
Magnus Rom Jensen ◽  
Jonathon W. Moses
Keyword(s):  

2017 ◽  
Vol 11 (2) ◽  
pp. 161-74
Author(s):  
Syaugi Syaugi

    As a constitution, the Indonesian Constitution of 1945 regulates how the national economic system should be arranged and developed. In the perspective of constitution, the implementation of sharia economy does not mean the state directs a particular economic ideology. Philosophically, the ideals of Indonesian economic law is to initiate and prepare the legal concept of economic life. Shariah economy has a strong foundation both formally shariah and formallyconstitution. Formally shariah means the existence of shariah economy has a strong foundation in Indonesian legal system. Formally constitution means, in the context of the state, Shariah economy has a constitutional basis. The existence of laws relating to shariah economy shows that the Indonesian economic system givesa place to the shariah economy.


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