scholarly journals Kant's metaphysics of law

2004 ◽  
Vol 76 (9) ◽  
pp. 426-436
Author(s):  
Danilo Basta
Keyword(s):  
International Law ◽  
The State ◽  
Legal Order ◽  
The Political ◽  
Political Union ◽  
History Of Interpretation ◽  
Final Goal ◽  
History Of ◽  
Cosmopolitan Law ◽  
Political Principles

The history of reception and the history of interpretation of Kant's legal deliberation are not the same even after two centuries. This was not only due to the recipients and interpreters of Kant's thoughts but also and above all due to Kant, i.e., the content and the spirit of his philosophy. The law of the state, the international law, and the cosmopolitan law are the ways to approach the eternal peace, which was considered by Kant as the final goal of the entire international law. The existence of the State is based on the idea of the Initial Agreement. According to Kant, in the Initial agreement all the individuals abandoned their external freedom in order to attain the freedom in a legal order as members of the political union. Kant did not always succeed to stay on the level of his own legal and political principles, and hence the light of his philosophy is sometimes covered with the dark shadows.

The Nomadic Sense of Law in an International Constitutionalism

2019 ◽  
Vol 22 (1) ◽  
pp. 234-283
Author(s):  
William E. Conklin
Keyword(s):  
International Law ◽  
The State ◽  
Legal Order ◽  
Public International Law ◽  
The Social ◽  
International Legal Order ◽  
History Of ◽  
Nomadic Communities ◽  
Legal Space ◽  
International Constitutionalism

This article examines the place of Nomadic peoples in an international constitutionalism. The article claims that an important element of a Nomadic culture is its sense of law. Such a sense of law differs from a constitutionalism which has privileged fundamental principles aimed to constrain acts of the executive arm of the State. Such a constitutionalism is shared by many contemporary domestic legal orders. Public international law also takes such a constitutionalism for granted. In the focus upon rules to constrain the executive arm of the State, the sense of law in Nomadic communities has slipped through arguments which the jurist might consider inclusive of the protection of such communities. This problem is nested in a legacy which has weighted down the history of European legal thought. The article initially identifies three forms of nomadism. The social phenomenon of nomadism has been the object of juristic commentary since the Greeks and Romans. The image of Nomadic peoples in such a legacy has imagined Nomadic peoples as lawless although the article argues that a sense of law has existed in such communities. Such a sense of law contradicts a State-centric international legal order. Public international law has reserved a special legal space relating to Nomadic peoples. The article identifies four arguments which might be rendered to protect Nomadic peoples in such a State-centric international community. Problems are raised with each such argument

Prologue

2017 ◽  
Author(s):  
Peter D. McDonald
Keyword(s):  
Cold War ◽  
Cultural Diversity ◽  
The State ◽  
The Political ◽  
Cultural Expression ◽  
Intangible Heritage ◽  
History Of ◽  
Definition Of ◽  
The Cold War ◽  
Print Literacy

The section introduces Part II, which spans the period 1946 to 2014, by tracing the history of the debates about culture within UNESCO from 1947 to 2009. It considers the central part print literacy played in the early decades, and the gradual emergence of what came to be called ‘intangible heritage’; the political divisions of the Cold War that had a bearing not just on questions of the state and its role as a guardian of culture but on the idea of cultural expression as a commodity; the slow shift away from an exclusively intellectualist definition of culture to a more broadly anthropological one; and the realpolitik surrounding the debates about cultural diversity since the 1990s. The section concludes by showing how at the turn of the new millennium UNESCO caught up with the radical ways in which Tagore and Joyce thought about linguistic and cultural diversity.

The Political Theory of the Disruption

1916 ◽  
Vol 10 (3) ◽  
pp. 437-464 ◽  
Author(s):  
Harold J. Laski
Keyword(s):  
Political Theory ◽  
Political Authority ◽  
The State ◽  
The Political ◽  
The Reformation ◽  
Secular Society ◽  
The One ◽  
Definition Of ◽  
Political Principles ◽  
The Church

“Of political principles,” says a distinguished authority, “whether they be those of order or of freedom, we must seek in religious and quasi-theological writings for the highest and most notable expressions.” No one, in truth, will deny the accuracy of this claim for those ages before the Reformation transferred the centre of political authority from church to state. What is too rarely realised is the modernism of those writings in all save form. Just as the medieval state had to fight hard for relief from ecclesiastical trammels, so does its modern exclusiveness throw the burden of a kindred struggle upon its erstwhile rival. The church, intelligibly enough, is compelled to seek the protection of its liberties lest it become no more than the religious department of an otherwise secular society. The main problem, in fact, for the political theorist is still that which lies at the root of medieval conflict. What is the definition of sovereignty? Shall the nature and personality of those groups of which the state is so formidably one be regarded as in its gift to define? Can the state tolerate alongside itself churches which avow themselves societates perfectae, claiming exemption from its jurisdiction even when, as often enough, they traverse the field over which it ploughs? Is the state but one of many, or are those many but parts of itself, the one?

To the 100th Anniversary of the USSR State Planning Committee

2021 ◽  
Vol 144 (2) ◽  
pp. 62-69
Author(s):  
Victor A. Pchelkin ◽  
◽  
Galina Yu. Kuznetsova ◽  
Tatiana А. Zheltonozhko ◽  
◽  
...  
Keyword(s):  
Economic Structure ◽  
Radical Change ◽  
100Th Anniversary ◽  
The State ◽  
Planning Committee ◽  
The Political ◽  
State Planning ◽  
History Of ◽  
Ussr State ◽  
Objective Necessity

A step-by-step and objective review of the history of the State Planning Committee of the USSR (Gosplan), presented by the authors, helps to form a holistic idea of how the power of the USSR arose and what objective necessity or what subjective factors led to a radical change in the political and socio-economic structure of the country.

An issue of legal personality of Kyivan Rus’ in Ukraininan law science

2021 ◽  
Author(s):  
Marina Okladnaya ◽  
Vadym Ptytsia
Keyword(s):  
International Relations ◽  
International Law ◽  
General Position ◽  
The State ◽  
Main Body ◽  
Complex Issue ◽  
Legal Personality ◽  
History Of ◽  
History Of International Law ◽  
Problem Setting

Problem setting. Legal personality of Kyivan Rus’ is very complex issue, which contains elements such as contract law, law of war, ambassadorial law, general position of the state in the international relations sphere. The condition of Kyivan Rus’ in medieval history can be determined only after analyzing researches of well-known scientists, who had different opinions on this subject. In spite of the fact that a lot of researches were made on this topic, there is no clear and unambiguous answer to the question: “was Kyivan Rus’ independent and equal subject of international law?” In our opinion, this topic is actual even nowadays, because without an analysis of the issue it is impossible to form a modern understanding of Ukrainian statehood and its features in different periods. Analysis of recent researches and publications. Valuable contribution to the research of Kyivan Rus’ position in international relations sphere were made by lots of scientists in areas of Ukrainian history and history of international law such as O. Zadoroznyi, P. Tolochko, O. Butkevich, A. Dmitriev, Y. Dmitriev, M. Kotlyar, V. Pashuto, D. Feldman, V. Butkevich, I. Shekera, O. Pavlenko etc. Target of research is to analyze and compare opinions of different authors on the issue of determining Kyivan Rus’ as legal entity of international law. To achieve this target these tasks have to be solved: to research and analyze modern scientists’ studies about the position of Kyivan Rus’ in international law sphere in medieval period; to compare scientists’ views on legal personality of the state and come to a certain conclusion on this issue. Article’s main body. In this article author analyzes different periods of Kyivan Rus’ existence, general position of the state in international relations sphere and opinions of different scientists on this subject. Also, the article provides a comparison of scientists’ views on the topic of legal personality of international law of Kyivan Rus’. Conclusions. Kyivan state in different periods of its existence was in various international legal positions. Despite of the fact, that features of international law of Kyivan Rus’ is a topic for controversy, Ukrainian and foreign scientists came to the conclusion that Rus’ was full-fledged subject of international law and after its collapse it revived in the Principality of Galicia-Volhynia, Zaporozhian Sich and the Cossack Hetmanate, Ukrainian People’s Republic, UkSSR (as independent UN member) and modern independent Ukraine.

The First Nutcracker, the Enchantment of International Relations, and the Franco-Russian Alliance

2016 ◽  
Vol 34 (2) ◽  
pp. 119-149
Author(s):  
Damien Mahiet
Keyword(s):  
International Relations ◽  
Cultural History ◽  
Fairy Tale ◽  
Sleeping Beauty ◽  
The State ◽  
The Political ◽  
Revolutionary Era ◽  
History Of

Despite the lively scholarly debate on the place of The Sleeping Beauty (1890) in the political and cultural history of the Franco-Russian alliance in the 1890s, the representation of international relations in the first production of The Nutcracker (1892) has so far received little attention. This representation includes the well-known series of character dances in the second act of the ballet, but also the use of French fashion from the revolutionary era to costume the party guests, the mechanical dolls, the toy soldiers, and even Prince Nutcracker. The fairy-tale world offered a frame that not only promoted the absolutist aspirations of Alexander III's regime, but also solved the symbolic challenge of a problematic alliance between republican France and tsarist Russia. The same visual repertoire informed diplomatic life: four years after The Nutcracker, in 1896, the décor for the state visit of Nicholas II and Alexandra Feodorovna in France duplicated that of the fairy-tale world on stage.

scholarly journals Kongen hersker, men regerer ikke - Guvernementalitet, statificering og statspraksis hos Michel Foucault

2018 ◽  
pp. 89-108
Author(s):  
Nicolai Von Eggers ◽  
Mathias Hein Jessen
Keyword(s):  
Michel Foucault ◽  
The State ◽  
The Political ◽  
Modern State ◽  
Giorgio Agamben ◽  
The West ◽  
Historical Investigation ◽  
History Of ◽  
Way Of Thinking

Michel Foucault developed his now (in)famous neologism governmentality in the first of the two lectures he devoted to ’a history of governmentality, Security, Territory, Population (1977-78) and The Birth of Biopolitics (1978-79). Foucault developed this notion in order to do a historical investigation of ‘the state’ or ‘the political’ which did not assume the entity of the state but treated it as a way of governing, a way of thinking about governing. Recently, the Italian philosopher Giorgio Agamben has taken up Foucault’s notion of governmentality in his writing of a history of power in the West, most notably in The Kingdom and the Glory. It is with inspiration from Agamben’s recent use of Foucault that Foucault’s approach to writing the history of the state (as a history of governmental practices and the reflection hereof) is revisited. Foucault (and Agamben) thus offer another way of writing the history of the state and of the political, which focuses on different texts and on reading more familiar texts in a new light, thereby offering a new and notably different view on the emergence of the modern state and politics.

scholarly journals Historia rozwoju Republiki Rzymskiej według Polibiusza

2013 ◽  
Vol 6 (2) ◽  
pp. 85-93
Author(s):  
Anna Ceglarska ◽  
Keyword(s):  
Roman Republic ◽  
Political Theory ◽  
Social Contexts ◽  
The State ◽  
Mixed System ◽  
The Political ◽  
Mutual Relation ◽  
Perfect System ◽  
History Of ◽  
The Moment

History of the rise of the Roman Republic as described by Polybius The aim of this article is to refer Polybius’s political theory, included in Book VI of The Histories, to the history of the rise of the Roman Republic. This theme must have been particularly significant for Polybius. For him, Rome was the most perfect example of a mixed government system, and the aim of describing its history was to show the development of this perfect system. The article presents the mutual relation of theory and history, starting with the period of kingship, up to the emergence of the democratic element, i.e. the moment when Rome acquired the mixed system of government. Both the political and social contexts of the changes are outlined. The analysis suggests that Polybius related his political theory to the history of the state he admired, thus providing the theory with actual foundations. Reconstructing his analysis makes it possible to see the history of Rome in a different light, and to ponder the system itself and its decline, even though the main objective of both Polybius and this article is to present its development.

scholarly journals Lengsernya Soeharto sebagai Presiden Republik Indonesia

2018 ◽  
Author(s):  
Rizka Wahyu Nurmalaningrum
Keyword(s):  
Social Media ◽  
Mobile Phones ◽  
Political History ◽  
The State ◽  
The Political ◽  
History Of ◽  
The Republic

Often the link between politics, economics and history escapes our attention so far. Much of the history of Indonesian development even the political history of the Indonesian nation itself has been forgotten by this millennial era society. They prefer mobile phones rather than books. Prefer cellphones from history. Even though history is important. The successors of the nation in the millennial era are more concerned with social media than knowing the origin of a country. Many do not understand the history of someone who can become president. There are various theories about history, such as Aristotelian theory, and the theory of plateau. Arisstoteles can be made a reference for learning for the ideals of the State with a fair and calm manner. The discussion with this theme takes the example of the fall of Soeharto as President of the Republic of Indonesia.

scholarly journals INTERNATIONAL LEGAL ORDER: ON THE ISSUE OF ITS PROPERTIES (THEORETICAL ASPECTS)

2016 ◽  
Vol 2 (127) ◽  
pp. 115-122
Author(s):  
I. Zabara
Keyword(s):  
International Law ◽  
The State ◽  
Legal Order ◽  
General Context ◽  
Theoretical Approaches ◽  
Ability To Act ◽  
The Status ◽  
International Legal Order ◽  
The Difference ◽  
Internal And External Factors

The article deals with one of the theoretical aspects of international legal order issues – the question of its properties. The author summarizes the doctrinal views of international law and regards the basic properties of the phenomenon of international legal order as its ability to act as system complexity, dynamism, orderliness, the reality and legitimacy of actions of subjects. The author notes that there is a common position in the doctrine, according to which the international legal order is a system. However, he notes that the difference in views on the international legal order as a system consists in the components the researchers include in its composition; the author examines two theoretical approaches. The complexity of the international legal order is determined from the standpoint of the number of its elements and components, as well as the number of their connections. This opinion highlights the fact that the predominant role is played by the quantity of links between elements and components, and indicates the international legal order capacity for permanent changes under the influence of the relevant internal and external factors. The dynamism of the international legal order is characterized from the point of capacity for the development and modification. It is stated that the state of the dynamics is effected by several circumstances. The author concludes that this international legal order’s property as a dynamism is one of the qualities that characterizes its condition as a system. The orderliness of the international legal order is considered from a consistency point, the interaction of parts of the whole, due to its structure. The author notes that the ordering of the international legal order displays its internal relationships and emphasizes its status as a system. The reality of the international legal order is characterized from the point of objectively existing phenomenon. The author concludes that the allocation of the international legal order of reality as one of its properties is intended to emphasize the status of one of its most important components - the state of international relations. Separately, the author considers the question of the legality of actions of subjects of international law, which are discussed in the doctrine from the standpoint of the conditions necessary for its maintenance. The author points out that in the general context of the properties that characterize the international legal order, it can be considered as an aspect wich together with other characterizes the state of the international legal order.

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