A Fundamentação Kantiana do Estado de Direito

Author(s):  
Aylton Barbieri Durão ◽  

Kant intends to present a Foundation of the state of right based on the reconstruction of Jean-Jacques Rousseau’s thought. Like the Genevanese philosopher who presents an empirical explanation based on the evolutionary anthropology, and a rational Foundation, based on the political and juridical philosophy, Kant also imagines two ways to fundament the state of right. In his empirical explanation, along with the anthropology, he introduces the history philosophy, which considers that the unsociable sociability makes the humankind leave its state of nature and establish, by means of an usurper, the civil state, in which it gradually approaches the republican constitution and, later, the States Federation and the cosmopolitan right; the rational Foundation, on the other hand, shows how the original contract indirectly determines the Foundation of the civil state, to the extent that only through it is it possible to establish the presumption of the right to the private property that will just turn effective in the civil state itself, although the public right directly postulates the state fundament, which is obtained analytically from the principle of the right in opposition to the concept of violence.

1943 ◽  
Vol 37 (2) ◽  
pp. 290-305
Author(s):  
Floyd M. Riddick

The course of affairs in the second session of the Seventy-seventh Congress can best be differentiated from that of all recent years if examined with the thought that the United States is in an “all-out” war. That was how the President presented the situation to Congress on January 6 in his annual message on the state of the Union. And that was the phrase frequently used throughout the year by Representatives and Senators as an argument for or against enacting controversial bills, delegating unprecedented regulative powers, or appropriating many billions of dollars to defray governmental expenses.On the other hand, while all of the recommendations for legislation embodied in the President's message were designed to bring the war more quickly to a close, Congress was asked by the Administration at various times during the year for the enactment of measures not related to the defense program, as the proposals to “rid Congress of trivia” and for settlement of claims of American nationals against the government of Mexico. The House and Senate, likewise, of their own accord, troubled themselves with such matters as the repeal of poll tax laws, the right of Senator Langer to his seat in the Senate, and the so-called “Congressional pension bill.”


2001 ◽  
Vol 31 (123) ◽  
pp. 269-284
Author(s):  
Arne Heise

The public budget has always been a much debated object at the political level as well as in academia. This is not surprising as it mirrors the political intentions and ideologies of those running the government on the one hand and taking into account that economics is a multiparadigmatic science on the other hand. Against this backcloth, the current unambiguity of budgetary restriction in recent political and scientific debates seems curious. The paper aims at explaining this development and questions its validity by framing a concept of budgetary sustainability on the grounds of a heterodox, post Keynesian model.


2021 ◽  
Vol 1 (2) ◽  
pp. 124-135
Author(s):  
Silvia Riskha Fabriar ◽  
Kurnia Muhajarah

Da'wah can be done with various strategies according to the state of mad'u. Management in the organization is structured in such a way that da'wah activities run well and according to purpose. The Qur'an Tafsir Council (MTA) is one of the da'wah institutions that carry out its da'wah with various methods, one of which is through television media among other da'wah media. MTA TV presents various da'wah programs in accordance with the vision of the MTA institution. The purpose of this study is to see how the MTA propaganda strategy through television is also side by side with other media. The author uses a qualitative descriptive research method. The findings of this study indicate that MTA through MTA TV can carry out their da'wah effectively because they are able to reach a wider audience. MTA TV is also able to adapt to the times so that this channel can survive, in addition to utilizing social networks that are in great demand by the public. However, on the other hand, the audience of listeners is still limited among Muslims who are members of this da'wah institution and the variety of programs is not so diverse.


2018 ◽  
Vol 18 (1) ◽  
pp. 71
Author(s):  
Linda Evirianti

Everyone has the right of religious freedom or belief which becomes one of important parts of Human Rights (HAM/Hak Asasi Manusia). Thus, no one can be subjected to coercion that can interfere his freedom to adopt or embrace a religion or belief of his choice. The main characteristic of modern constitutional state is the guarantee of human rights in its constitution. In the Constitution NKRI 1945 has set human rights and the rights of citizens in the form of guarantees freedom for each citizen to embrace religion and worship according to their religion or belief. A state guarantees the freedom of each citizen to adopt a religion or belief, but the state (the government) must regulate the freedom in implementing and practicing a religion or belief so that the government can respect, protect, enforce and promote Human Right (HAM) and conserving security, order, health or public morals. Speaking of human rights in Islam is not an historical product arising from human ideology, a concept that has a theological dimension and will be accountable to God. Freedom of thought, conscience, religion and belief is part of the most important human rights, even have status as a right that should not be reduced and violated under any circumstances. On the other hand, religious freedom protects the phenomenon that can be controversial and dangerous for human existence, because religion and systems of ideological belief can be misused to trigger intolerance, discrimination, prejudice, hatred, and violence.[Setiap orang berhak atas kebebasan beragama atau kepercayaan yang menjadi salah satu bagian penting Hak Asasi Manusia. Dengan demikian, tidak ada yang bisa terkena paksaan yang bisa mengganggu kebebasannya untuk mengadopsi atau menganut agama atau kepercayaan pilihannya. Karakteristik utama negara konstitusional modern adalah jaminan hak asasi manusia dalam konstitusinya. Dalam Konstitusi NKRI 1945 telah menetapkan hak asasi manusia dan hak warga negara dalam bentuk jaminan kebebasan bagi setiap warga negara untuk merangkul agama dan ibadah sesuai agama atau kepercayaan mereka. Sebuah negara menjamin kebebasan setiap warga negara untuk mengadopsi agama atau kepercayaan, namun negara (pemerintah) harus mengatur kebebasan dalam melaksanakan dan mempraktikkan agama atau kepercayaan sehingga pemerintah dapat menghormati, melindungi, menerapkan dan mempromosikan Hak Asasi Manusia (HAM). Dan melestarikan keamanan, ketertiban, kesehatan atau moral publik. Berbicara tentang hak asasi manusia dalam Islam bukanlah produk historis yang muncul dari ideologi manusia, sebuah konsep yang memiliki dimensi teologis dan akan bertanggung jawab kepada Tuhan. Kebebasan berpikir, hati nurani, agama dan kepercayaan adalah bagian dari hak asasi manusia yang paling penting, bahkan memiliki status sebagai hak yang tidak boleh dikurangi dan dilanggar dalam kondisi apapun. Di sisi lain, kebebasan beragama melindungi fenomena yang bisa kontroversial dan berbahaya bagi eksistensi manusia, karena agama dan sistem kepercayaan ideologis dapat disalahgunakan untuk memicu intoleransi, diskriminasi, prasangka, kebencian, dan kekerasan.]


2018 ◽  
Vol 4 (2) ◽  
pp. 185-188
Author(s):  
Hamed Purrostami

Mutual duties and rights between people and sovereignty is one of the strategic and significant issues in the contemporary world. In the Islamic teachings especially Nahjulbalaghah it is not that the right is allocated to the ruler and government and on the other hand people only have duties and responsibilities. Rather the ruler has the significant duties even if he would be innocent. Among the strategic tasks of the ruler and leader are: Benevolence, Fair distribution of wealth and management of education system. These duties are, at the same time, the rights of the people and the ruler. On the other hand, people have duties in front of the Islamic ruler. In other words, these duties are rights of Religious Governance including loyalty to sovereignty, Support and response to demands of authority and etc. It is worthy to mention, the main aim of these rights and duties has been devised to provide the felicitous life for people in the world and hereafter.


2016 ◽  
Vol 18 (2) ◽  
pp. 9-57 ◽  
Author(s):  
Ulrika Mårtensson

This article seeks to define al-Ṭabarī’s concept of the Qur'an by exploring the systemic nature of al-Ṭabarī’s whole scholarly oeuvre, with reference to the political and scholarly context of debates between rationalism and traditionalism, and the development of uṣūl al-fiqh. Drawing on recent research on uṣūl al-fiqh (Vishanoff 2011) and al-Ṭabarī’s own madhhab (Stewart 2004; 2013), it is argued that al-Ṭabarī on the one hand politically agreed with the traditionalist camp regarding the need for written and publicly accessible law, and on the other hand developed his own independent legal methodology and dogma. Because of his basic agreement with traditionalism at the legal-political level, he also aligned with the traditionalist doctrine of the uncreated Qur'an, against the rationalist doctrine of the created Qur'an. Finally, it is demonstrated that al-Ṭabarī defined the uncreated Qur'an's nature in terms of rhetoric, including both grammatical-syntactic and deliberative dimensions. The significance he attributed to rhetoric through the Qur'an is reflected in his legal, exegetical, and ḥadīth methods as well as in his historical writing. Ultimately, al-Ṭabarī’s whole oeuvre was composed to persuade the public about the political need for a written and publicly accessible legal canon.


1998 ◽  
Vol 6 (2) ◽  
pp. 161-174 ◽  
Author(s):  
Peter Mair

The 20th-century has been the century of mass politics, and the mass parties that emerged at the beginning of this century became deeply rooted within wider society. The passing of this golden age of the party has now been marked by two distinct processes of change. On the one hand, parties have become more distant from society and more closely linked to government and the state. On the other hand, there has been a decline in the political identities of the parties, such that voters now find it increasingly difficult to distinguish between them. These changes, and the related transformation of politics into administration, have led to a growth in popular indifference to parties and to politics in general, as well as to a declining sense of engagement. Should this trend continue, it is mass spectacle rather than mass involvement that is likely to characterize the future of mass politics.


2019 ◽  
Vol 66 (3) ◽  
pp. 383-399
Author(s):  
João Leal

This article is centred on the diverse modes of articulation between Tambor de Mina – the African-Brazilian religion prevalent among the Black population of São Luís (the state capital of Maranhão, Brazil) – and Holy Ghost feasts – a Catholic feast that is the most important public celebration in Tambor de Mina cult houses. My focus is on the creative processes associated with these diverse modes of articulation. I argue that these processes are connected, on one hand, to the wider politics of boundary management between religious genres that each cult house adopts and, on the other hand, to different politics of display and containment centred on the visibility of Tambor de Mina in the public space. The article is both a contribution to recent anthropological debates on creativity and to discussions on processes of interface between different religious genres in African-Brazilian religions.


Author(s):  
Mathias Hein Jessen

Frederick the Great (ruled 1740-86) is one of the main figures of Enlightened Absolutism. Frederic was on the one hand an enlightened philosopher deeply inspired by the ideals of the Enlightenment. On the other hand he ruled one of the most autocratic states in history and commanded the strongest and most disciplined military force of his time. Despite his many writings, however, Frederick is rarely investigated as a political thinker. The article focuses on the political writings of Frederick the Great and more specifically on his use of the concept of reason of state to legitimize his rule, not least with regard to his enlightened ideals. In this struggle for legitimacy, Frederick abolishes the concept of a personal ruler, and in doing so becomes a fascinating figure in the transition from a personalized government to the abstract, depersonalized concept of the state that still dominates our political reality today.


2017 ◽  
Vol 11 (2) ◽  
pp. 13-27
Author(s):  
Carmen Adriana DOMOCOȘ

In a case, the court of appeal have interpreted the provisions of the law regarding the enforceable judgments delivered at first instance, with the right of appeal, or those in respect of which the parties agreed to directly exercise the appeal, when those interested or harmed by the enforcement can require the cancellation of the enforcement documents drawn up by violation of the legal provisions. The jurisprudence is not unanimous to consider the enforceability of the final civil decision is, however, a temporary one, until it is confirmed by the court of appeal, and it is removed when the court of appeal gives a contrary approach. One of the roles of the limitation is to provide the security of legal relationships, because after the expiry of the limitation period the debtor is satisfied that it can no longer be enforced, and the creditor knows that he no longer benefits from the coercive force of the state in order to recover his debt. On the other hand, to oblige the creditor to enforce a temporarily enforceable decision, about which he has no certainty that it will be upheld on appeal, means violating the very principle of the security of legal relationships, which the legislator intended to protect.


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