scholarly journals Towards an Integrated, Liberal Theory of the Canadian State

2005 ◽  
Vol 33 (4) ◽  
pp. 1057-1092
Author(s):  
Shannon Kathleen O’Byrne

In this article, the author challenges the tendency in common law Canada to conflate the distinction between State and society. Following the analysis of Kenneth Dyson, the author contends that the State occupies a distinct sphere produced by or contained in the interconstitutive relationship of State institution, on the one hand, and State idea, on the other. The State concept is presented as neither merely active nor merely passive but as involving a relationship between action and reflection, between institution and idea. The author then analyses the broadly shared public values which are contained in the Canadian State idea when viewedfrom a liberal political perspective. That these values incrementally modulate the exercise of public power — and vice versa — argues for a State-society distinction which is not generally emphasized in common law Canada.

2022 ◽  
Vol 124 ◽  
pp. 181-206
Author(s):  
Lukáš Fasora

This text summarises the results of extensive research into the relationship between the state and universities in 1849–1939, i.e. between the so-called ‘Thun reform’ and the closure of Czech universities by the Nazis. The focus is on the state’s respect for the privileged position of universities and the monitoring of tensions arising from the clash between legislation and the universities’ day-to-day operations, resulting mainly from satisfying the economic needs of universities on the one hand, and the interpretation of the responsibility and discipline of their academic staff towards the state and society on the other. The research shows the advancing erosion of the so-called Prussian (Humboldt’s) concept of an autonomous national-oriented university and the difficult search for a democratic alternative in interwar Central Europe’s unstable political and economic conditions.


2021 ◽  
pp. 729-745
Author(s):  
Julio de la Cueva

The modern religious history of Spain and Portugal begins with the religious unity between the state and society forged around Catholicism, and ends with the present era epitomized by ongoing secularization and incipient religious pluralism. With some difficulty, the Catholic Church adapted to the trials posed by nineteenth-century liberalism, reaching an accommodation with the constitutional monarchies in both Iberian countries. The first serious challenge came with the arrival of the republics in Portugal in 1910 and in Spain in 1931. The republics did not last long, however; two Catholic dictatorships governed the fate of the Peninsula until the 1970s, though separation of church and state was formally maintained in Portugal. The dictatorships ended in 1974 and 1975, respectively, giving way to the establishment of new democracies, accompanied on the one hand by secularization in both the state and society, and on the other by growing religious pluralism.


2007 ◽  
Vol 3 (1) ◽  
Author(s):  
Maria Lucia Maciel

Resumo Os principais desafios à compreensão e à ação social e política apresentados pela chamada “sociedade da informação” dizem respeito a novas instabilidades e incertezas. Essas instabilidades criam, por um lado, insegurança ocupacional, econômica, financeira, política e social. Por outro, elas também abrem novas “brechas” ou “informalidades institucionais” que permitem entrever possíveis caminhos de mudança social. Os desafios colocados aos que estudam esse campo são, fundamentalmente, metodológicos. E não são triviais. Estaríamos instados a pensar uma nova relação estado/sociedade? Deveríamos considerar como se articulam estado e mercado, diante de um espaço novo que se cria entre o usuário e a tecnologia? Quem são os novos atores sociais?Palavras-chave: sociedade da informação, sociedade do conhecimento, desenvolvimento, relação usuário/tecnologia  Abstract The main challenges to our understanding of the so-called “information society” as well as to pertinent social and political action result from new instabilities and uncertainties. These instabilities create, on the one hand, insecurity in all fields: occupational, economic, financial, political and social. On the other, they also open up new  fissures or “institutional informalities”, which allow us to see possible roads to social change. For those who study this field of information and knoledge, the challenges are fundamentally methodological. And they are not trivial. Are we being asked to imagine a new relation between the State and society? Should we consider a new articulation between the market and the State, facing a new space created between the technology and the user? Who are the new social actors? Keywords information society, knowledge society, development, user/technology relation 


Author(s):  
Peter Coss

In the introduction to his great work of 2005, Framing the Early Middle Ages, Chris Wickham urged not only the necessity of carefully framing our studies at the outset but also the importance of closely defining the words and concepts that we employ, the avoidance ‘cultural sollipsism’ wherever possible and the need to pay particular attention to continuities and discontinuities. Chris has, of course, followed these precepts on a vast scale. My aim in this chapter is a modest one. I aim to review the framing of thirteenth-century England in terms of two only of Chris’s themes: the aristocracy and the state—and even then primarily in terms of the relationship between the two. By the thirteenth century I mean a long thirteenth century stretching from the period of the Angevin reforms of the later twelfth century on the one hand to the early to mid-fourteenth on the other; the reasons for taking this span will, I hope, become clearer during the course of the chapter, but few would doubt that it has a validity.


2021 ◽  
Vol 22 (4) ◽  
pp. 650-672
Author(s):  
Josef Weinzierl

AbstractQuite a few recent ECJ judgments touch on various elements of territorial rule. Thereby, they raise the profile of the main question this Article asks: Which territorial claims does the EU make? To provide an answer, the present Article discusses and categorizes the individual elements of territoriality in the EU’s architecture. The influence of EU law on national territorial rule on the one hand and the emergence of territorial governance elements at the European level on the other provide the main pillars of the inquiry. Once combined, these features not only help to improve our understanding of the EU’s distinctly supranational conception of territoriality. What is more, the discussion raises several important legitimacy questions. As a consequence, the Article calls for the development of a theoretical model to evaluate and justify territoriality in a political community beyond the state.


Author(s):  
José Duke S. Bagulaya

Abstract This article argues that international law and the literature of civil war, specifically the narratives from the Philippine communist insurgency, present two visions of the child. On the one hand, international law constructs a child that is individual and vulnerable, a victim of violence trapped between the contending parties. Hence, the child is a person who needs to be insulated from the brutality of the civil war. On the other hand, the article reads Filipino writer Kris Montañez’s stories as revolutionary tales that present a rational child, a literary resolution of the dilemmas of a minor’s participation in the world’s longest-running communist insurgency. Indeed, the short narratives collected in Kabanbanuagan (Youth) reveal a tension between a minor’s right to resist in the context of the people’s war and the juridical right to be insulated from the violence. As their youthful bodies are thrown into the world of the state of exception, violence forces children to make the choice of active participation in the hostilities by symbolically and literally assuming the roles played by their elders in the narrative. The article concludes that while this narrative resolution appears to offer a realistic representation and closure, what it proffers is actually a utopian vision that is in tension with international law’s own utopian vision of children. Thus, international law and the stories of youth in Kabanbanuagan provide a powerful critique of each other’s utopian visions.


1967 ◽  
Vol 71 (677) ◽  
pp. 342-343
Author(s):  
F. H. East

The Aviation Group of the Ministry of Technology (formerly the Ministry of Aviation) is responsible for spending a large part of the country's defence budget, both in research and development on the one hand and production or procurement on the other. In addition, it has responsibilities in many non-defence fields, mainly, but not exclusively, in aerospace.Few developments have been carried out entirely within the Ministry's own Establishments; almost all have required continuous co-operation between the Ministry and Industry. In the past the methods of management and collaboration and the relative responsibilities of the Ministry and Industry have varied with time, with the type of equipment to be developed, with the size of the development project and so on. But over the past ten years there has been a growing awareness of the need to put some system into the complex business of translating a requirement into a specification and a specification into a product within reasonable bounds of time and cost.


Philosophy ◽  
1983 ◽  
Vol 58 (224) ◽  
pp. 215-227 ◽  
Author(s):  
Stephen R. L. Clark

Philosophers of earlier ages have usually spent time in considering thenature of marital, and in general familial, duty. Paley devotes an entire book to those ‘relative duties which result from the constitution of the sexes’,1 a book notable on the one hand for its humanity and on the other for Paley‘s strange refusal to acknowledge that the evils for which he condemns any breach of pure monogamy are in large part the result of the fact that such breaches are generally condemned. In a society where an unmarried mother is ruined no decent male should put a woman in such danger: but why precisely should social feeling be so severe? Marriage, the monogamist would say, must be defended at all costs, for it is a centrally important institution of our society. Political community was, in the past, understood as emerging from or imposed upon families, or similar associations. The struggle to establish the state was a struggle against families, clans and clubs; the state, once established, rested upon the social institutions to which it gave legal backing.


2019 ◽  
Vol 30 (1) ◽  
Author(s):  
Tautvydas Vėželis

This article examines the problem of overcoming nihilism in Heidegger’s dialogue with Jünger. It is suggested that nihilism is manifested in various forms and is the deep logic of the whole history of European civilization. One of the main aims of this paper is to outline the relationship of nihilism and Nothing in Heidegger’s dispute with Jünger, viewing how Heidegger distinguishes his approach from Jünger’s point of view. Heidegger, on the one hand, treats nihilism as consummation of the Western metaphysical tradition, on the other hand, identifies Nothing itself as the shadow of Being, which cannot be overcome in the traditional dialectical thinking manner.


2012 ◽  
Vol 40 (114) ◽  
pp. 143-158
Author(s):  
Tarja-Lisa Hypén

THE BRAND OF THE CELEBRITY AUTHOR IN FINLAND | In the 21st century, the celebrity author has begun to interest researchers not only as a marketing phenomenon, but also as the literary institution’s own phenomenon. In my article, I explore the relationship of the celebrity author to the so-called acclaimed authors of modern times. In Anglo-American research, the celebrity author and the bestselling author are distinguished as separate author types, but in the case of Finnish Jari Tervo, these types combine. For almost 20 years, Jari Tervo has been amongboth the most sold and the most visible celebrity authors in his home country. I examine how the publicity and brand of the Finnish celebrity author are formed. I consider how the brand affects the author’s works on the one hand, and the reception of the works on the other. I point out the limiting effects of the brand, but I also examine how, in combining the high and the low, it affords mobility in the literary fields while it also offers an opportunity to influence society.


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