John Locke—Theorist of Limiting and Supervising Political Power by Citizens

2021 ◽  
Vol 31 (2) ◽  
pp. 49-65
Author(s):  
Adriana Neacșu ◽  
Keyword(s):  
Rule Of Law ◽  
Common Good ◽  
John Locke ◽  
Political Power ◽  
Use Of Force ◽  
Political Regime ◽  
The Rule Of Law ◽  
The Social ◽  
Social Pact ◽  
The Common

This paper aims to analyze John Locke’s ideas on the limited political mandate of the institutions of power, and the need for their supervision and sanctioning by citizens when they violate their duties. It emphasizes the topicality of these ideas, pointing out that they represent two fundamental principles in the functioning of the rule of law, defining the current democracies. Locke justified them starting from the hypothesis that society was founded by people through a deliberate pact, so that the common good could be promoted more effectively, and the legitimacy of political power is conditioned by the observance of this task. Therefore, if political power violates the social pact, it can be overthrown by citizens even by force. The author then raises the question if the use of force to change a political regime can still be justified today. Her answer is that this is an objective mechanism, which appears implacably in all unjust societies, and the only way to defuse it is for states to permanently respect the rights and freedoms of all citizens.

Dilemmas of Democratisation from Legal Revolutions to Democratic Constitutionalism?

2012 ◽  
Vol 81 (4) ◽  
pp. 437-470 ◽  
Author(s):  
Paul Blokker
Keyword(s):  
Rule Of Law ◽  
Common Good ◽  
Democratic Politics ◽  
East Central Europe ◽  
East Central ◽  
Constitutional Review ◽  
The Rule Of Law ◽  
The Common ◽  
Higher Law ◽  
Public Views

The ideas of the rule of law and constitutionalism have become an intrinsic part of any process of democratisation around the world. This was equally the case in the radical changes that occurred in East-Central Europe (ECE) around the year of 1989. The adherence in the region to a form of “new constitutionalism” has been frequently seen as an indispensable contribution to the processes of democratisation. However, in this too little attention has been paid to the dilemmas, tensions and perverse effects that may emerge in the institutionalisation and practice of new constitutionalism, not least in terms of an enduring tension between constitutionalism as an ordering and stabilising device and democracy as an uncertain and indeterminate process of verification of public views on the common good. The experiences in ECE since 1989 with regard to new constitutionalism are ambiguous. It is undeniable that an emphasis on a higher law with entrenched rights and robust constitutional review has involved important “corrections” of certain outgrowths of democratic politics and in this prevented forms of “tyranny of the majority” or the endangering of the guarantee of universal rights. But it is equally true that new constitutionalism has been adopted at a price, not least with regard to the emergence of more widespread, publicly shared constitutional cultures as well as in terms of underexplored potentials of democratic constitutionalism and endorsement of civic engagement in the region. Democratic dilemmas and perverse effects have emerged in terms of domestic tensions, in particular regarding democratic debilitation, but also stem from tensions with legal orders beyond the national arena.

‘The Law of Nations Is Common to All Mankind’

2018 ◽  
Author(s):  
Susan Longfield Karr
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Common Good ◽  
Legal Theory ◽  
The Rule Of Law ◽  
Law Of Nations ◽  
The Common ◽  
Fundamental Categories ◽  
Ius Gentium ◽  
Universal Rule

For humanist sixteenth-century jurists such as Guillaume Budé, Ulrich Zasius, Andrea Alciati the ‘rule of law’ was central. In response to the use of law and legal theory to legitimize arbitrary forms of authority, they called for substantive reforms in legal education and practice, which could alleviate the dangers of masking the arbitrary will of rulers with the language of security, utility, and the common good. By focusing on fundamental categories such as ius, natural law, and ius gentium they effectively argued for a universal ‘rule of law’ that could hold political and legal authorities to a higher criterion of justice. In so doing, they redefined fundamental legal categories, ideas, and terms that continue to underpin and structure modern understandings of universal jurisprudence and international law to this day.

scholarly journals Thomas Jefferson, I dilemmi della democrazia americana, translated and edited by Alberto Giordano, with a preface by Dino Cofrancesco (Novi Ligure: Città del Silenzio, 2007)

2010 ◽  
Vol 5 (1) ◽  
Author(s):  
Pierluigi Chiassoni
Keyword(s):  
Civil Society ◽  
Rule Of Law ◽  
Organized Crime ◽  
Coming Out ◽  
Common Good ◽  
Social Economic ◽  
Major Drawback ◽  
The Rule Of Law ◽  
History Of ◽  
The Common

The history of the Italian Republic has been a history of a remarkable cultural, social, economic, and legal progress for almost thirty years. Of course, many serious issues were left unattended (organized crime and the limits of political immorality rate among the foremost); but, on the whole, the balance was not so bad (our Constitution and our laws concerning judicature, divorce, abortion, and the national health service, for instance, were taken as examples by other European countries coming out from dictatorships and cultural depression). Terrorism, in the 1970s-1980s, was (taken as) a major drawback; in any case, terrorists on both extremes were finally, and utterly, defeated with the sole arms of the rule of law (no “special renditions”, no torture, no special military tribunals were resorted to as “necessary evils”, like in the dark global times following September 11), supported by a conscious and responsible civil society. The political establishment, however, did not grow up in morality, responsibility, and sense for the common good at the same pace of the most advanced sectors of civil society.

scholarly journals ANALISIS PENGARUH PERSAINGAN USAHA PASAR TRADISIONAL TERHADAP PASAR MODERN PERATURAN DAERAH KOTA MEDAN

2018 ◽  
Vol 13 (2) ◽  
pp. 103-111
Author(s):  
Fajriawati Fajriawati
Keyword(s):  
Empirical Research ◽  
Rule Of Law ◽  
Common Good ◽  
Market Competition ◽  
Shopping Centers ◽  
Local Regulation ◽  
The Rule Of Law ◽  
Traditional Markets ◽  
Traditional Market ◽  
The Common

The Effect of Traditional Market Competition on Modern Market in Local Regulation No. 53 / M-DAG / PER / 12/2008 concerning the arrangement and development of traditional markets and Shopping Centers and Modern Stores. And in article 2 of Law Number 5 Year 1999 we can see how the arrangement and layout of service, layout, business license for the common good. From the results of this study using the Normative Research and Empirical Research. The closer to legislation that focuses on the rule of law as its central to know the Influence Analysis of Competition of traditional market in this case policy related to license of establishment of modern market is not comprehensive because related to partnership as mandated in Perpres and permendagri not regulated further. Regulations on partnerships can maintain traditional markets that are fundamental to eliminating the disparity between modern markets.

scholarly journals Principle of Interpretation in Favor of the Insuree in Turkish Social Security Law

2016 ◽  
Author(s):  
Nurgül Emine Barın
Keyword(s):  
Social Security ◽  
Rule Of Law ◽  
Common Law ◽  
Labor Law ◽  
Court Decisions ◽  
Business Law ◽  
The Rule Of Law ◽  
The Social ◽  
True Meaning ◽  
The Common

One of the major problems encountered in the implementation of the rule of law is in the absence of the meaning of law or what it wants to tell is not clearly defined, the true meaning is revealed through interpretation. In labor law and social security law; Although the review will benefit from the rules for the common law, workers-interpretation in favor of the insuree is effective. This policy is considered as one of the fundamental policies of the Labour and Social Security Law. Located between the basic policies of business law, the protection of the workers, which is a consequence of the interpretation in favor of the insuree policy, shows itself in the form of interpretation in favor of the insuree in the social security law. One factor for necessity of supporting interpretation in favor of the insuree is, social security right is among the basic human rights. In particular, the interpretation of legislation related to the social security right by constitutional guarantee, it is important to keep in mind this basic policy. The overall purpose of the social security law is to benefit from this right by more people, namely the expansion of the scope. In this study, the place of interpretation in favor of the insuree and limitations related to this interpretation will be examined in the light of samples of Supreme Court Decisions and regarding substance of the Constitution and laws.

The Rule of Law, the International Legal Order, and the Foreign Policy of Small States

2020 ◽  
Vol 10 (1) ◽  
pp. 50-67
Author(s):  
Sundaresh MENON
Keyword(s):  
Rule Of Law ◽  
Common Good ◽  
Legal Order ◽  
Small States ◽  
The Rule Of Law ◽  
Major Powers ◽  
International Legal Order ◽  
International Obligations ◽  
The Common ◽  
International Rule

AbstractThe rule of law bears a special meaning in the context of the international legal order, where there is no clear vertical hierarchy or sovereign. The international rule of law strives to curb the excess autonomy of individual states for the common good. Although there is considerable scepticism about whether the international rule of law actually exists, states largely do behave as if international law is truly “law”, and international obligations are also more enforceable now than ever before. But there have been and will be moments when the international rule of law is interrupted by major powers. In an interdependent world that is both capable of and prone to inflicting unimaginable destruction, the strategy for small states unable to defend themselves directly is to create the conditions that will best promote their survival, and that is accomplished by pursuing and promoting the rule of law both domestically and internationally.

LEGAL ESSENCE OF ANCIENT PROVERBS AND SAYS AND THEIR SOCIAL SIGNIFICANCE

2020 ◽  
Author(s):  
Angela Dranishnikova ◽  
Ivan Semenov
Keyword(s):  
Public Sphere ◽  
Rule Of Law ◽  
Social Significance ◽  
The Rule Of Law ◽  
The Public ◽  
Moral Standards ◽  
The Social ◽  
The Law ◽  
The Public Sphere ◽  
Status Position

The national legal system is determined by traditional elements characterizing the culture and customs that exist in the social environment in the form of moral standards and the law. However, the attitude of the population to the letter of the law, as a rule, initially contains negative properties in order to preserve personal freedom, status, position. Therefore, to solve pressing problems of rooting in the minds of society of the elementary foundations of the initial order, and then the rule of law in the public sphere, proverbs and sayings were developed that in essence contained legal educational criteria.

Theoretical and methodological determinants of the Robert von Mol’s concept of the social state

2020 ◽  
Vol 2020 (1) ◽  
pp. 37-45
Author(s):  
Svetlana Pirozhok
Keyword(s):  
19Th Century ◽  
Rule Of Law ◽  
Social Protection ◽  
The State ◽  
Scientific Article ◽  
Social State ◽  
The Rule Of Law ◽  
Legal Thought ◽  
The Social ◽  
The 19Th Century

The relevance of determining the theoretical and methodological determinants of the Robert von Moll’s concept of the social state is due to the need to determine the patterns of evolution of ideas about the state and law, as well as the need to assess the ability to use the potential of the Robert von Moll’s theoretical and legal heritage, his predecessors and contemporaries to identify the optimal model of the social state. Modern Russia attempts to build such state. The proclamation and consolidation of Russia as a social state governed by the rule of law at the constitutional level requires attention both to the experiments carried out in social and legal development, and to the practices of social reform, and also to those ideas that have not yet been embodied. The ideas of European scholars regarding the evolution of the state-legal organization of society in the early modern period, based on which Robert von Mohl (1799–1875) developed original concepts of a social state and a state governed by the rule of law are discussed in the article. An analysis of the state of European political and legal thought and identification of the factors that have a significant impact on the development of Robert von Mohl’s doctrine of a social state governed by the rule of law are the purposes of the scientific article. The methodological basis of the study was the dialectical-materialistic, general scientific (historical, systemic) and special (historical-legal, comparativelegal) methods of legal research. The method of reconstruction and interpretation of legal ideas had great importance. As a result of the study, it was concluded that in the first half of the 19th century in European political and legal thought various approaches was formed to consider the problems of social protection and how to resolve them. The development trend of European political science became the transition from ideas and principles formed in the conditions of police states and enlightened absolutism to the ideas of a state governed by the rule of law (constitutional) that protects the rights and freedoms of a citizen. At the same time, it was a question of the rights and freedoms of only a part of the population: the proletariat growing in number and significance was not always evaluated as an independent social stratum. The axiological principles of state justification have also changed. Rights and utility principle became dominant principles. In the first half of the 19th century the social issue as an independent scientific problem of the European political and legal thought was not posed and not systematically developed. Questions about the social essence of the state, the specifics of the implementation of the state social function, the features of public administration in the new stage of socio-economic development of society predetermined the emergence of the idea of a social state. This idea was comprehensively characterized in the Robert von Mohl’s works. He went down in the history of political and legal thought as founder of the concepts of social and governed by the rule of law state.

What Theology Should and Should Not Learn from the Social Sciences About the Common Good

2017 ◽  
Author(s):  
Mary L. Hirschfeld
Keyword(s):  
Social Sciences ◽  
Common Good ◽  
Human Life ◽  
Social Thought ◽  
Extensive Literature ◽  
Human Flourishing ◽  
Catholic Social Thought ◽  
The Common Good ◽  
The Social ◽  
The Common

There are two ways to answer the question, What can Catholic social thought learn from the social sciences about the common good? A more modern form of Catholic social thought, which primarily thinks of the common good in terms of the equitable distribution of goods like health, education, and opportunity, could benefit from the extensive literature in public policy, economics, and political science, which study the role of institutions and policies in generating desirable social outcomes. A second approach, rooted in pre-Machiavellian Catholic thought, would expand on this modern notion to include concerns about the way the culture shapes our understanding of what genuine human flourishing entails. On that account, the social sciences offer a valuable description of human life; but because they underestimate how human behavior is shaped by institutions, policies, and the discourse of social science itself, their insights need to be treated with caution.

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