Whereas the refractory clergy hostile to the ecclesiastical reforms of the Constituante clearly rejects ecclesiastical tolerance, the positions of the constitutional clergy cover a much broader spectrum. The article aims to examine the positions adopted by constitutional bishops by highlighting their ecclesiological foundations: indeed, the acceptance of ecclesiastical tolerance corresponds to a radical questioning of the conception of the Church as a perfect society having its own laws.

Throughout Iran’s modern history, control of the public sphere has remained in the hands of the state. With virtually no trace of a civil society, public opinion has played only a minimal role in influencing state affairs. The 1979 Islamic revolution could be viewed as a break in this historical trend, but public opinion retreated into the background once the clerics solidified their power -- and then kept it by invoking religious orthodoxy to deflect any challenges. Thus, it should (...) have been no surprise that the press revolution, which began in the late 1990s as Mohammad Khatami came to power, collapsed a few years later. While an array of newspapers and journals are still published in Iran today, the persecution of leading editors and publishers with pro-reform sympathies has successfully cleared the field of any real threat to the status quo.The early theorists of the reform movement that came to be identified with President Khatami saw a free and independent press as a vital part of an Islamic Repub lic. For centuries, they argued, the state had used its control over the media -- first the publication of books, then newspapers and finally radio and television -- to push society toward the rulers’ desired ends. In contrast, the reformers saw a free press as the best way to foster open debate and political and social pluralism, unleashing forces that would allow society at large to determine its own fate. In other words, there could be no pre-determined end, shaped by fiat. Their chosen weapon in the battle for a civil society was the newspaper, a medium with a rich history in Iran of social and political activism. Persian newspapers, particularly those published abroad and smuggled into Iran in the nineteenth and early twentieth centuries, had been responsible for remarkable changes in the political landscape. They introduced liberal social and political ideas from Europe and provided readers with a new, simplified language in which to debate such notions. Most important of all, the early press helped create the very idea of society as a political actor in its own right. Within months of Khatami’s move to the Presidential Palace, his new appointees in the Ministry of Culture and Islamic Guidance unleashed a “press revolution.” They quickly streamlined the issuing of publication licenses; countered Iran’s traditional centralism by encouraging the rise of local and provincial newspapers; eased the financial hardships of independent publishers; and sought protection under the existing Press Law for controversial editors and commentators facing the hostility of the ruling clerics. The result was a wave of entrepreneurial and journalistic creativity unmatched since the Constitutional Revolution of 1906-1911.By the spring of 2000, the hard-line clerics had had enough. They used their almost complete control of the public space to shut the door on the “press revolution” and to drive their critics, including many learned clerics, back into private dissent. Dozens of newspapers were closed and prominent journalists were prosecuted, most for violating so-called Islamic norms; anything like public discourse was forced back into the shadows. The ease with which the clerical establishment crushed the free press reflected the basic weaknesses and miscalculations of the reform movement. The senior theologians had established themselves as far back as the Constitutional Revolution as the final arbiters of freedom of expression under Islam. Without a wholesale re-evaluation of the role of the clergy and the very concept of freedom in a religious system of government, this power was destined to go unchecked. The reformers had also put too much emphasis on a free press, in the absence of any other real building blocks of civil society. Newspapers were expected to play the roles of political parties, of independent think tanks and, in the case of Jameah and Tous, of exemplars of social, political and economic independence. It was a burden the Iranian press was simply unable to carry. (shrink)

The article explores the semantic potential of social narratives associated with the creation and constitution of the Orthodox Church of Ukraine, which caused a interpretations conflict, marked by conflicting interpretations and differences in meanings that are applied in different contexts. The narrative arranges events in a certain time sequence, accumulates and translates meanings, individual and social experience. The presence of meanings in the interpretation of the narrative depends on the perspective, interpretation horizons and the subject's ability to analyze information (...) and its correct application. The social narrative accumulates a set of stories and messages that are fragmentary and disordered, constructs a coherent plot aimed at finding and defining meanings, and forming social discourse. Social narratives materialized in social structures, orientations, expectations, and stereotypes of their bearers due to everyday modification in the form of simple images, attitudes, and principles. Since each social narrative claims to be exclusive and correct in its own way of understanding events, a clash of narratives and their interpretations is inevitable. A large-scale event determines the modification of social structures, standards, and evaluation criteria, is accompanied by the transformation of everyday life, reveals deep mental layers, and opens up new perspectives. The extraordinary event that was marked by the creation of the Orthodox Church of Ukraine is accompanied by diametrically opposite assessments from the clergy, believers, politicians, experts – from the statement about autocephaly as the only opportunity to achieve unity and recognition of Ukrainian Orthodoxy to the political subtext justification of the new religious organization creation. Church circles represented by representatives of the Ukrainian Orthodox Church of the Moscow Patriarchate claim that the state interferes in the internal Affairs of the Church. The Constitution of the Orthodox Church of Ukraine takes place in the context of the confrontation of two social narratives – the «ukrainian world» and the «russian world». The social narrative «ukrainian world» is based on values rooted in the national soil, but the social narrative «russian world» denies the existence of the Ukrainian nation and the Ukrainian state. Under the patronage of the Russian Orthodox Church, the expression of the ideas of the «russian world» is the Ukrainian Orthodox Church of the Moscow Patriarchate, which enshrines in the minds of believers ideologies about «the common origin of the Ukrainian and Russian peoples», «the common baptismal font», «the unity of the historical space of Holy Rus», «the identity of the East Slavic Orthodox civilization». The Ukrainian Orthodox Church of the Moscow Patriarchate did not support the decision of patriarch Bartholomew to grant autocephaly to the Orthodox Church of Ukraine. Metropolitan Onufriy did not give his blessing to the hierarchs to participate in the Unification Council, which is called «a non-canonical assembly of schismatic groups». The Ukrainian Orthodox Church of the Moscow Patriarchate, according to its primate, has de facto autocephaly, so it is the only canonical local Orthodox Church in Ukraine. In the face of the conflict of public narratives, the Orthodox Church of Ukraine, along with meeting the spiritual needs of believers, contributes to the formation of national identity, the formation of a worldview matrix that will determine the vision of the future development of the country. (shrink)

The Constitutional State, in its initial configuration as a liberal Constitutional State, recognised a series of basic individual rights as fundamental rights. Subsequently, in the second half of the 20 th century, social, economic and cultural rights were integrated into the Constitution, creating the social Constitutional State. However, although said group of rights are always mentioned as a compact group, or a package of rights, in fact the second recognition only took place, in the strictest sense, with respect of (...) social and economic rights, and, to a much lesser degree, in respect of cultural rights. Largely, the cultural rights are forgotten rights in the Constitutional State, but today our society is multicultural. This is a contradiction. The text provides the basis for a progressive recognition of cultural rights in the Constitutional State. Also, the text discusses the benefits for all if we consider these rights as rights of the person, that is, as rights of all persons and not only of minorities. (shrink)

On 21 June 2011 the Parliament of the Republic of Lithuania adopted extensive and important amendments of the Code of Civil Procedure of the Republic of Lithuania. Most of them came into force on 1 October 2011.One of the important tasks that have been mentioned for the preparation of amendments was to ensure the implementation of the Constitutional Court’s doctrine of matters of civil procedure. This article analyses one of the changed aspect - the system of defence of (...) public interest. The doctrine of concept of public interest was formed by the resolutions of the Lithuanian Constitutional Court adopted on 16 January and 21 September 2006. That concept was quite confusing and could be interpreted widely as well as narrowly (such as protection of special key values in the Constitution). This paper analyses the manner in which the doctrine of the Constitutional Court has been implemented in the law of civil procedure. In addition, the article analyzes the history of the amendments in the Code of Civil Procedure relating to the protection of public interest. The author presents a situation proposed to the Working Group that prepared the draft amendments to the Code of Civil Procedure, and compares the proposals with the effective version of the Code of Civil Procedure. The same article analyses the way that the effective version of the Code of Civil Procedure forces to the protection of the public interest doctrine of the Constitutional Court. The author concludes that the current system is conducive to abuses when the state can envisage the existence of public interest in every dispute and intervene in its investigation. In addition, the court is transformed into an entity liable to defend public interest, while it should be an independent and impartial entity to administer justice. Let us hope that in judicial practice the concept of public interest will be interpreted very narrowly and the Code of Civil Procedure provides the right to collect evidence or apply interim protection measures and etc. will be seen as a political mistake and generally will not be applied (except when it comes to non dispositive cases). (shrink)

The preface to the French Civil Code of 1804 announced a New Order based on Right Reason and the political-legal values of the French Revolution, in an attempt to replace the role which churches had traditionally played in the morality of society. Moreover, the new civil law was presented as a substitute for moral law and religion with the aim of taking their place in that burgeoning society. One-dimensional law came into being in order to regulate all aspects (...) of life and was ultimately to do away with the sin/crime dichotomy..Key words: Law, religión, sin, crime. (shrink)

A revised version of Nathaniel Chipman's Sketches of the Principles of Government (1793), this early treatise on the underlying principles of American government addresses civil laws and obligations, the social state, rights of property, sovereignty and political power. An important early contribution to American constitutional law, it is also interesting for its Federalist perspective on the evolutions of political institutions from Washington to Jackson.Nathaniel Chipman [1752-1843] was a leading Vermont Federalist who was instrumental in that state's admission to the (...) Union. He became Vermont's chief Justice and went on to represent Vermont in the U.S. Senate. He was also one of America's first significant legal writers.One of his books, the Reports and Dissertations (1793) is included in Warren's list of "the four general works on the Common Law... [of] permanent value in American Legal Literature.": Warren, A History of the American Bar 335-336. See Cohen, Bibliography of Early American Law 5752, Sabin, A Dictionary of Books Relating to America 12824, Dictionary of American Biography II:73-74. (shrink)

While constitutionalism is generally reduced to the idea of limited government, little has been said to its contribution to the juridification of the social sphere. The article shows the significance of constitutionalism for the institutionalization of modern civil societies. Modern civil societies, it is argued, can only flourish in a form of modern state that has undergone a process of internal differentiation in the direction of a separation of powers. Through the analysis of the process of self‐constitution (...) of Argentine civil society, I show how the erosion of the constitutional components of the state by populist democratizing movements resulted in the disintegration of civil society. (shrink)

Among the civilization challenges, recognizing the human freedom and drawing its constraints have continuously been contestable. Hence, the recognition, definition, pledge and delineation of the boundaries of freedom have a special position in the declaration of rights. In the meantime, considering the historical intersection of jurisprudential foundations with the modernist thoughts, defining the concept of freedom and delineating its boundaries will be crucial. This definition provides a groundwork for elucidating and interpreting other Articles via identifying their positions in creating solutions (...) to the problems of public administration. The current study is an effort to recognize the concept of freedom and its boundaries in the constitutional system of the Islamic Republic of Iran via employing a descriptive-analytical method. Our findings indicate that the perception of freedom in the Constitution of the Islamic Republic of Iran is convoluted and interpretable. Because of the existing ambiguities in balancing among the historical concerns, the boundaries of freedom can be redefined based on the temporal and historical circumstances by the pressure of social forces. (shrink)

The Iraqi constitution of 2005 grants freedom of religious thought, belief and practice for all religions. This study was also based on the premise that the constitutional rights are not adhered to in Iraq, even by government officials, which could be due to the absence of suitable legislations subsequent to the framing of the constitutional provisions. An analytical and descriptive research design was adopted for this study. Data was collected from primary and secondary sources through documentation research and evaluation (...) of historical sources. The primary data comprised Articles of the Iraqi constitution, and a few national and international legal instruments related to religious freedom. Secondary data included empirical research studies, books, articles and other published sources. This study therefore took the form of an empirical legal research as it involved the issues of constitutional reforms in the field of religious freedom. A comparative approach was adopted in analyzing the documents about religion and politics related to both the Arab region and the West. The focus was on the measures that should be adopted to advance the dialogues of religious freedom and maintain religious neutrality in all government policies. The study found out that there were apparent contradictions between the constitutional provisions and the State Laws. Similarly, the Iraqi civil and penal codes remain silent regarding legal remedies for the violation of constitutional provisions. (shrink)

In Latin America there are two models of constitutions - the liberal and the most stable Constitution of the Argentine Nation, drafted in 1853, (which was discussed in our previous article) and one of the most radical, comprehensive and unstable – the Constitution of the United Mexican States of 1917. Although both of them were constructed under the model of the US constitution with the influence of Spanish and French constitutionalism and local national traditions, the Argentine constitutionalism (...) has developed on the grounds of the American legal system, as the Mexican one still could not break with the civil law tradition. (shrink)

The article takes on a less developed aspect of the sociology of the stranger: the normalized non-relations people in urban settings establish in their effort to stay strangers for one another. How is their “civil inattention”accomplished in practice? What is the social orderliness of “asocial” relations? In order to answer these questions the article uses the elevator as a sociological research instrument allowing for a highly detailed investigation in structural problems of public encounters: bodily navigation, contact avoidance, feigned preoccupation, (...) and the blocking of the automatism by which co-present bodies start interactions. The setting used for the investigation also raises questions about how the artifact and the bodies present are integrated into the interaction order. The “heteromobile” of the elevator offers specific sociotechnical scripts for interaction. While the human actors work hard at doing nothing, their bodies seem to take over their agency. The specific challenge of elevator riding for the enactment of indifference is the vanishing of actors: undoing presence. (shrink)

Since its presumed origin by the big bang, about 14 pasts billion years, the Universe is composed of entities, or objects, that produce movements that produce new objects that produce new movements, in an endless sequence.The human mind is one of these entities, whose movements are capable to produce many objects, materialized or as ideas. Those objects in their turn will interact with the mind and new movements will be produced. This process had composed the history of mankind.The Nature presents (...) a world of movements, originated from its first movement—the explosion of the Singularity. The Universe continues in its expansion, while the Earth rotates and the animals move on its surface. So are the humans, who continue to reproduce by natural movements, biologically, but are capable to fly to the Moon. The entire Universe is composed by the same particles, forming a multitude of objects, inserted in the primary objects, participating in the primary movements, and introducing new ones. It is a World of an infinite number of movements derived from the first one, disposed in levels. The upper levels are constituted by the social movements.Thus, history is a development of the producing of material and ideal objects and of their related movements. To produce it mankind have been using the natural environment, offered by the earth’s surface, and the social products already produced during their times of history.Among the last, the social products, one recognizes: a) the knowledge, or information; b) the social relations between men and their social structures, and c) the spatial shaping of their social life, or geography.Thus, in this paper one tries to develop the idea of relating the terms Civilization, Mode of Production and Ages of History to the above three-legged composition.An example is given here: the invention of the caravel, that had conduced to the large discoveries (technology, information, knowledge). It intensified commercial activities, geographical interactions, accelerating the replacing of the feudal society in Europe by the mercantile society (social relations, social structure). The geography also changed with the higher development of the commercial sea port urban centers (spatial shaping geography).The current age of globalization is being an age of a new geography and of new forms in the urbanization process. (shrink)

The concept of privacy is intimately related to epistemological concepts such as information and knowledge, yet for the longest time had received only scant attention from epistemologists. This has begun to change in recent years, and different philosophical accounts have been proposed. On the liberal model of privacy, what privacy aims at is the protection of individuals from interference in personal matters. On the (more narrowly epistemological) informational model, privacy is a matter of limiting access to (or maintaining control over) (...) certain types of information. Furthermore, it is sometimes claimed that privacy aims at preventing the formation of (potentially negative) judgments by others. This paper compares and contrasts the various approaches and identifies a number of shortcomings. It then outlines an alternative account, the disattendability/civil inattention model of privacy, according to which what constitutes a breach of privacy is neither the acquisition of new information per se, nor the formation of judgments by others, but the fact that undue attention is being paid to routinized (or otherwise unobtrusive) aspects of the target’s everyday life. This account, it is argued, is explanatorily superior to its competitors, in that it accounts both for the cultural contingency of privacy conventions and for the emergence of new threats to privacy (e.g. from electronic surveillance). The paper concludes by reflecting on remaining tensions within the proposed account of privacy and by commenting on its social ramifications. (shrink)

Writing a history of ancient Greece, in periods of political turbulence and transition, involved the construction of an edifying platform for civil conduct. Britain, 1770-1850, was one such period. In examining Athenian democracy the British historians of the late eighteenth century, like William Mitford and John Gillies, found a convenient channel to articulate their private political preferences and antipathies, thereby accentuating the ideological antagonism of the post-revolutionary age. Athenian liberalism was deliberately drawn from oblivion only to be set as (...) a constitutional example to avoid, whereas the merits of the mixed British constitution were distinctly exposed. The British Utilitarians, by contrast, produced a case on behalf of representative government that included the basic characteristics of democracy and which witnessed its minimum prototype in ancient Athens. George Grote assumed the task of upsetting the conventional idea of Athens, thus perpetuating the typical association of Greek historiography with contemporary political discussion. (shrink)

The ruling of the Polish Constitutional Tribunal of October 22, 2020 introduced a near-complete ban on abortion in Poland, as it removed from the law the embryopathological condition that allowed abortion when the fetus had an incurable, severe disease. The ruling raises a number of questions regarding the recognition of international protection of human rights, the equal protection status of human rights, and the principle of trust in the state. The Tribunal’s ruling resulted in massive public protests in Poland, the (...) adoption of condemnatory resolutions by the European Parliament, and the submission of a new bill by members of the parliament from the opposition groups. The purpose of the paper is to show the questionable ruling issued by the Constitutional Tribunal from the perspective of protection of human rights and the attempts of opposition MPs to change the legal order. The Tribunal’s ruling violates women’s human rights and is therefore a form of discrimination against women. Attempts by opposition MPs to “civilize” the right to abortion have proved unsuccessful. The jurisprudence of the European Court of Human Rights may establish a breakthrough, as the Tribunal has received a complaint concerning the prevention of abortion on embryopathological grounds in connection with the ruling of the Constitutional Court of October 22, 2020. (shrink)

In the article, the problem of the impact of Islamic factor on the events of the civil war in Kabarda and Balkaria is studied. During the civil war Islam has become a factor that unites Muslim population of Kabarda and Balkaria in the fight against the infidels. The author considers the religious policy of the Reds and Whites in the region, as well as, the role of Islam in the judicial and administrative practice and the political district of (...) life. In the district, where the majority of the population is Muslim, the clergy’s influence was enormous. Each of the warring sides used the Muslim dogma to gain support of the local population and strengthen their political power in the province. During this period, bright spiritual and political leaders stood out of the local population. With the support of the population, local leaders have created a military-political union Shariat. The author points out the positive role of religious advisory body unprecedented in the history of Kabarda and Balkaria - the Spiritual Council of Tausultan Shakmanov’s administration - in reconciling the warring parties. Support of the local clergy and the Muslim population, which grew into the Red Army, has greatly contributed to the victory of the Bolsheviks in the civil war in the neighborhood. After the victory of the Bolsheviks in the war and the establishment of Soviet power in Kabarda and Balkaria, most priests were physically eliminated, Shariat was proclaimed illegal, the Muslim education system was destroyed, and many mosques were closed. (shrink)

ABSTRACT English-language commentary on the role of the French Revolution in Hegel’s Phenomenology of Spirit tends to equate the so-called “fury of destruction” (Furie des Verschwindens) with the violent dialectic of rival factions’ rush for power. Here it is argued that “Absolute Freedom and Terror” ought instead to be read in the light of a “fury of disappearance”, namely in terms of the extinction of dissenting citizens’ legal personhood. This is achieved by recourse to civil death, a criminal sentence (...) that declares the individual, who is very much alive, legally dead. While there are some actual and quite painful consequences for recipients of such a sentence, civil death is effective mainly on the philosophical and constitutional planes, where it maintains the illusion of a unanimous general will, fleetingly securing the state from failure. A focus on personhood and civil death also taps into the larger Hegelian dialectic of legalism and tradition, and into the various shapes community life takes therein, beginning with Greek Ethical Life, and ending in Absolute Freedom and Terror. (shrink)

This article focuses on the study of the emotional discourses contained in the Chu bamboo slips dating back to the Chu kingdom of the Warring States period, and announces a newly discovered tradition of Emotionalism in ancient China. In addition to the two main traditions of Confucianism and Taoism, there is a third tradition of Emotionalism that has hitherto not attracted adequate attention and has not been sufficiently studied. I propose that rather than perceiving traditional Chinese culture through the binary (...) looking glass of the dichotomous concept of “Complementation of Confucianism and Taoism,” Chinese culture may be represented more accurately if viewed in the light of a “Threefold Coexistence of Confucianism–Legalism, Taoism–Buddhism and Civil Emotionalism,” along with other lesser-known schools of thought. The uncovering of the hidden tradition of Emotionalism will reveal new perspectives on the modern transformation of traditional Chinese culture. This third tradition represents a conviction of civil liberalism that is of great importance to the transformation of ancient Chinese tradition into a modern constitutional culture. (shrink)

Early contractarians such as Thomas Hobbes and Jean-Jacques Rousseau stretched the idea of contract to encompass all realms of society: the political, the economic, the familial. Contract is still a fundamental concept for many modern disciplines; indeed, it names fields in political philosophy, in economics, and in law. There was no such governing notion of contract in the fourteenth century, no metaphor of exchange that could link together ideas about agency, conditions, profit, and responsibility from different disciplines and provide a (...) theory of the basis of society itself. Retrospectively it may seem that scattered ideas about contract were, in fact, being developed: for instance, by the common law in the actions called debt, covenant, and trespass; by constitutional theory, in conciliarism; by economic thought, in a miscellany of glosses and laws redressing fraud and regulating prices and markets; by theology, in discussions of will, intention, and the marriage sacrament; by the civil law, in Roman law of contract; and by canon law, in treatments of individual consent and incapacity in marriage. Yet nothing about this discontinuous hodgepodge predicts that a fundamental connection among those topics will emerge in later political theory. To find a powerful combination of social analysis and political philosophy that takes up the issues deliberated by the later contractarians, we can call upon a medieval allegorist. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:1. The present state of the questionEsser's turnaboutIn his collection of studies on the writings of Francis, published in 1973, Kajetan Esser, the acknowledged master of Franciscan textual criticism, wrote that in verse 13 of Francis's Letter to the Clergy there exists "a striking difference, that is difficult to explain," between the oldest manuscript which originally belonged to the Benedictine abbey of Subiaco and was written before 1238, (...) and the famous manuscript Assisi 338 which originated between 1250 and 1260. However, Esser considered this difference "a too weak basis to accept a double version of the Letter to the Clergy." It is therefore somewhat strange, to say the least, that in his textcritical edition of the writings of Francis, published only three years later in 1976, the same Esser concludes, without any further explanation, that the differences are "so serious that one has to accept two versions of one and the same letter."Esser's conclusion immediately raises the question about which one of the two versions would be the first. Esser opted for the Subiaco manuscript as the first version and the Assisi manuscript as the second. An important reason for Esser's option was the fact that the Assisi manuscript of the Letter to the Clergy added in verse 13 that the clerics have to observe all of these matters "according to the precepts of the Lord and the constitutions of holy mother Church ." With "the constitutions of holy mother Church" Francis referred, according to Esser, to the papal bull Sane cum olim, issued by pope Honorius III on November 22, 1219. And as this bull, in Esser's view, also "contained references to the will of God as laid down in Holy Scripture," Francis decided to insert both a reference to the papal bull and to "the precepts of the Lord" in a new, second version of the letter. This would imply that Francis, who in the summer of 1219 left for Egypt, wrote the second version only after his return from the Middle East in the spring of 1220. For it was only then that he came to know about the existence of the papal bull issued during his absence from Italy, and could refer to it in order to strengthen his appeal to the clergy to show greater reverence for the Eucharist. At the same time, however, the absence of these important additions in the first version implies that this version was written before the papal bull of Honorius was issued and thus also before Francis's departure for the Middle East in the summer of 1219.Present reception of Esser's theoryThe latest English translation, published in 1999, follows Esser and contains a separate translation of both versions, the first of which was written before 1219 and the second in 1220. In the most recent German translation Leonhard Lehmann acknowledges the existence of two versions but the differences between the two are so small that it suffices to print only the text of the oldest manuscript, that of Subiaco, written before 1238. He agrees, though, that the addition constitutiones sanctae matris Ecclesiae in the second version refers to the papal bull Sane cum olim and that the earlier version may have been written before 1219. The revised edition of the Fonti Francescane still follows Esser's theory as regards the existence of two versions, the early date of the first version and the reference of the second version to Sane cum olim. However, in a lengthy article on Francis's letters, C. Paolazzi, the author of the introduction to the Letters in FF, revised his previous opinion in 2008. He still accepts the existence of two versions but dates both after Sane cum olim and therewith also after Francis's return from the Middle East in 1220. His main argument is that theimplicit quotations.. (shrink)

The renowned philosopher John Searle reveals the fundamental nature of social reality. What kinds of things are money, property, governments, nations, marriages, cocktail parties, and football games? Searle explains the key role played by language in the creation, constitution, and maintenance of social reality. We make statements about social facts that are completely objective, for example: Barack Obama is President of the United States, the piece of paper in my hand is a twenty-dollar bill, I got married in London, (...) etc. And yet these facts only exist because we think they exist. How is it possible that we can have factual objective knowledge of a reality that is created by subjective opinions? This is part of a much larger question: How can we give an account of ourselves, with our peculiar human traits DS mind, reason, freedom, society - in a world that we know independently consists of mindless, meaningless particles? How can we account for our social and mental existence in a realm of brute physical facts? In answering this question, Searle avoids postulating different realms of being, a mental and a physical, or worse yet, a mental, a physical, and a social. There is just one reality: Searle shows how the human reality fits into that one reality. Mind, language, and civilization are natural products of the basic facts of the physical world described by physics, chemistry and biology. Searle explains how language creates and maintains the elaborate structures of human social institutions. These institutions serve to create and distribute power relations that are pervasive and often invisible. These power relations motivate human actions in a way that provides the glue that holds human civilization together. Searle shows how this account illuminates human rationality, free will, political power, and human rights. Our social world is a world created and maintained by language. (shrink)

The paper offers a survey of the debate on the introduction, in the Preamble of the Treaty establishing a Constitution for Europe, of references to God and Europe’s Christian tradition. It examines the question of European identity and values which motivates these proposals in relation to (1) the nature of the EU as an essentially political construction; (2) the issue of human rights in the EU; (3) the protection of cultural and religious diversity within the EU. The study shows (...) that the confessionalization of Europe promoted by strong churches on the Continent, which are legitimate actors of civil society, betray a failure to understand the logic of the European construction. To the extent to which they represent an attempt to secure a privileged position with respect to other religious or non-religious actors, they run against the functional principles and values of the Union. (shrink)

Since the 1990’s the rise of China provokes heated debates in the West. Numerous politicians and scholars, who study contemporary political affairs, pose the question, which will be the new role of China in international affairs? Many Western observers presume that China will act as the Western powers did in the past, promoting policy of domination, enslavement and gaining profits at all costs. The Chinese declarations on peace, co-operation, mutual interests, and harmony are often considered empty words, a certain decorum (...) of “real politics”, as it had been often practised in the West. An inquiry into the Chinese political and intellectual traditions, almost unknown in the West, challenges such widespread opinions and fears. Of course, it is an open question to which degree the traditional Chinese concepts will determine contemporary policy, since China had been westernised in enormous degree.Nevertheless, attitude to war, struggle, and competition constitutes one of the principal characteristics of each culture and appears closely related to its structure of values. Such attitudes determine political concepts and systems, foreign relations, norms of social life, etc. The analysis of Western and Chinese civilisations demonstrates that in this respect they represented divergent orientations. In Erich Fromm’s typology of societies, the Chinese culture could be considered non-destructive but aggressive, whereas Western civilisation could be called aggressive and destructiveOf course, there were great differences both within Chinese and within Western civilisations. Local/regional cultures belonging to each of them had their own characteristics in respect to struggle, and one could also notice great changes in the course of their histories. In general, at the dawn of these two civilisations, both of them were more or less bellicose, although in the cultures of the Chinese Central Plain “avoiding struggle” traits could be detected quite early. Appreciation of peace and harmony eventually prevailed with the predomination of the Confucian ideology, although Taoism and other schools of thought also condemned struggle and war. On the other hand, in the Mediterranean the bellicose cultures and war-mongering states prevailed. The beginning of this “great divergence” could approximately be dated for the middle of the 1st millennium BC, and the civilisations of East Asia and Europe took the opposite courses in theirsocial and political development. Struggle constituted a fundamental principle in the Western vision of the world-order, and its crucial archetype constituted the eternal struggle of Evil against Good, with the eventual triumph of God, who embodies Good and forces of Light. The Chinese tradition promoted instead the vision of the universe as one giant organism based on the principle of harmony, where Yin complements Yang. Hence both civilisations adopted the dualistic concepts, but one was antagonistic, and the second—complementary.In the 19th century, when Asian nations faced the colonial conquests, many of them tried to protect their independence and modernise themselves. For this end they tried to adopt not only Western armaments and military skills, but also Western bellicose ideology and values. Japan was obviously the champion of such a militarist course, but there were similar tendencies in China as well. Such bellicose ideology reached its apex there during the famous Maoist Cultural Revolution, when class struggle and bellicosity was exalted. The triumph of the Western bellicose approach and rejection of the traditional native heritage marked the century 1860’s–1960’s in China. However, after the unimaginable sufferings of the World War I and II, of Nazism and of communism, the West started to revalidate its traditions condemning war and violence. People started to appreciate peace and co-operation within and among nations. The United Nations and the European Union had been founded for such purposes: to promote peace and co-operation. However, the condemnation of wars did not halt military confrontation of the states, and the West still cultivates political ideologies, which propagate the “proper order” based on competition and struggle. Hence the concepts of multi-party democracy and of free market could serve as hallmarks of the West. In China, since the end of the 1970’s step by step the ancient ideological traditions have been appreciated again and the new concepts of peaceful and harmonious development evolved. At the beginning of the 21st century the Chinese leaders elaborated a new ideology of both harmonious domestic and international order aiming at peaceful development based on co-operation. Of course, there are still vivid the remnants of the previous Western-type approach of the brutal competition and of aggressive foreign policy.Notwithstanding divergent tendencies inside each of these civilisations, in general they both approach each other again, but this time in a common search for peace, cooperation and harmonious development. Their interpretations obviously differ, since in China such concepts are traditional, but rather new in the West, and in various respects both sides have different values and ideals. (shrink)

According to the most common interpretation of the simulation argument, we are very likely to live in an ancestor simulation. It is interesting to ask if some families of simulations are more likely than others inside the space of all simulations. We argue that a natural probability measure is given by computational complexity: easier simulations are more likely to be run. Remarkably this allows us to extract experimental predictions from the fact that we live in a simulation. For instance we (...) show that it is very likely that humanity will not achieve interstellar travel and that humanity will not meet other intelligent species in the universe, in turn explaining the Fermi's Paradox. On the opposite side, experimental falsification of any of these predictions would constitute evidence against our reality being a simulation. (shrink)

RESUMEN: El presente artículo analiza el reforzamiento de la libertad de expresión que se produce cuando ésta es ejercida en conexión con el derecho de defensa, y se centra en un concreto supuesto que ha sido recientemente examinado por el Tribunal Constitucional: el ejercicio del derecho de defensa en primera persona por un funcionario que es objeto de un expediente disciplinario. A la vez que estudiamos la solución dada por el TC al citado caso, reflexionamos sobre los efectos de la (...) misma más allá del caso específico que resuelve, planteando la posibilidad de su extrapolación a la generalidad de supuestos donde el ciudadano ejerce su derecho de defensa en primera persona y sin asistencia letrada. ABSTRACT: The present article analyzes the reinforcement of the freedom of expression that takes place when this one is exercised in connection by the right of defense, and centres on a concrete supposition that has been recently examined by the Constitutional Court: the exercise of the right of defense in the first person for a civil servant who is an object of a disciplinary process. Simultaneously that we study the solution given by the Constitutional Court to the mentioned case, we think about the effects of the same one beyond the specific case that resolves, raising the possibility of its extrapolation to the generality of suppositions where the citizen exercises his right of defense in the first person and without legal aid service.PALABRAS CLAVE: libertad de expresión, derecho de defensa, funcionario público, autotutela, expediente disciplinario.KEYWORDS: freedom of expression, right of defense, civil servant, autoguardianship, disciplinary process. (shrink)

The ombudsman tradition originated in Sweden in 1809 and has spread throughout the world in less than two hundred years. An ombudsman is a public official that offers people an opportunity to have their complaints heard, evaluated, and investigated by a neutral and independent body, and offers recommendations to the involved parties. The ombudsman plays an important role in strengthening democratic governance, rule of law, and civil society. Article 73 of the Constitution of the Republic of Lithuania establishes (...) that: ‘The Seimas controllers shall examine complaints of citizens concerning the abuse of powers by, or bureaucratic intransigence of, State and municipal officials (with the exception of judges). They shall have the right to submit a motion before a court that the guilty officials be dismissed from office. The powers of the Seimas controllers shall be established by law. If necessary, the Seimas shall also establish other institutions of control. Their system and powers shall be established by law.’. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Books ReceivedThe Ambitions of Curiosity: Understanding the World in Ancient Greece and China. By G.E.R. Lloyd. Cambridge: Cambridge University Press, 2002. Pp. xvi + 175. Price not given.The Art of the Han Essay: Wang Fu's Ch'ien-Fu Lun. By Anne Behnke Kinney. Tempe: Center for Asian Studies, Arizona State University, 1990. Pp. xi + 154. Paper $10.00.The Autobiography of Jamgön Kongtrul: A Gem of Many Colors. By Jamgön Kongtrul Lodrön (...) Thayé and translated by Richard Barron (Chökyi Nyima). Ithaca, New York: Snow Lion Publications, 2003. Pp. xxii + 549. Price not given.Awesome Nightfall: The Life, Times, and Poetry of Saigyō. By William R. LaFleur. Boston: Wisdom Publications, 2003. Pp. xiii + 173. Paper $14.95.Becoming the Compassion Buddha: Tantric Mahamudra for Everyday Life. By Lama Thubten Yeshe, edited by Robina Courtin, and foreword by Geshe Lhundub Sopa. Boston: Wisdom Publications, 2003. Pp. xi + 194. Paper $14.95.Between Two Worlds East and West: An Autobiography. By J. N. Mohanty. New Delhi: Oxford University Press, 2002. Pp. ix + 134. Hardcover RS 525.00.The Chinese Face of Jesus Christ. Edited by Roman Malek, S.V.D. Sankt Augustin, Germany: Institut Monumenta Serica and China-Zentrum; and Nettetal, Germany: Steyler Verlag, 2002. Pp. 391. EUR 40.00.Chinese Medicine in Contemporary China: Plurality and Synthesis. By Volker Scheid. Durham and London: Duke University Press, 2002. Pp. xiv + 407. Hardcover $69.95. Paper $23.95.Confucian Feminist: Memoirs of Zeng Baosun (1893-1978). Translated and adapted by Thomas L. Kennedy. Philadelphia: American Philosophical Society, 2002. Pp. xxi + 170. Price not given.Consciousness Studies: Cross-Cultural Perspectives. By K. Ramakrishna Rao. Jefferson (North Carolina) and London: McFarland and Company, 2002. Pp. 367. Hardcover $65.00.Constituting Communities: Theravāda Buddhism and the Religious Cultures of South and Southeast Asia. Edited by John Clifford Holt, Jacob N. Kinnard, and Jonathan S. Walters. Albany: State University of New York Press, 2003. Pp. viii + 224. Hardcover $65.50. Paper $21.95.Developments in Indian Philosophy from Eighteenth Century Onwards: Classical and Western. By Daya Krishna. Volume X Part 1 of History of Science, Philosophy and Culture in Indian Civilization, edited by D. P. Chattopadhyaya. New [End Page 110] Delhi: Centre for Studies in Civilizations, 2001. Pp. xxiii + 417. Hardcover RS 1200.East and West: Identità e dialogo interculturale. By Giangiorgio Pasqualotto. Venezia: Marsilo Editori, 2003. Pp. 210. EUR 16.00.Effortless Action: Wu-wei as Conceptual Metaphor and Spiritual Ideal in Early China. By Edward Slingerland. New York: Oxford University Press, 2003. Pp. xii + 352. Price not given.Encountering Kā lī: In the Margins, at the Center, in the West. Edited by Rachel Fell McDermott and Jeffrey J. Kripal. Berkeley and Los Angeles: University of California Press, 2003. Pp. xviii + 321. Hardcover $55.00, £37.95. Paper $21.95, £15.95.Encyclopedia of Chinese Philosophy. Edited by Antonio S. Cua. New York and London: Routledge, 2003. Pp. xx + 1020. Hardcover $150.00.Essays on Indian Philosophy. By J. N. Mohanty and edited by Purushottama Bilimoria. New Delhi: Oxford University Press, 2002. Pp. xxxvii + 347. Paper RS 525.00.Faith, Humor, and Paradox. By Ignacio L. Götz. Westport, Connecticut: Praeger Publishers, 2002. Pp. 136. Hardcover $61.95.Four Illusions: Candrakīrti's Advice for Travelers on the Bodhisattva Path. Translated by Karen C. Lang. New York: Oxford University Press, 2003. Pp. xv + 240. Price not given.The Great Awakening: A Buddhist Social Theory. By David R. Loy. Boston: Wisdom Publications, 2003. Pp. 223. Paper $16.95.The Hidden History of The Tibetan Book of the Dead. By Bryan J. Cuevas. New York: Oxford University Press, 2003. Pp. xi + 328. Price not given.Huang Di nei jing su wen: Nature, Knowledge, Imagery in an Ancient Chinese Medical Text. By Paul U. Unschuld. Berkeley and Los Angeles: University of California Press, 2003. Pp. xii + 520. Hardcover $75.00, £52.00.In Dewey's Wake: Unfinished Work of Pragmatic Reconstruction. Edited by William J. Gavin. Albany: State University of New York Press, 2003. Pp. vi + 249. Hardcover $71.50. Paper $23.95.Knowledge and Freedom in Indian Philosophy. By Tara Chatterjea. Lanham, Maryland: Lexington Books, 2002. Pp. xvi + 159. Hardcover... (shrink)

The extent to which the legal doctrine addresses manifestations of constitutionalism has been constantly growing. However, the majority of research in constitutionalism focuses on the analysis of the power of the Constitution and the fundamental principles entrenched in it whereas ordinary branches of law, including civil procedure, affected by the constitutional law remains outside the scope of a deeper analysis. The author of the present paper is convinced that certain aspects of the impact of constitutional justice on such (...) branches as, in particular, civil procedure deserve deeper interest. The modest scope of the paper precludes an extensive analysis of the role of the Constitution as a fundamental binding Act and today’s abundant doctrine of Lithuania’s Constitutional Court in civil procedure. Therefore, the present paper is confined to an analysis of individual aspects of direct application of the Constitution and the doctrine of the Constitutional Court. The article analyses the power of the Constitution and its impact on the civil procedure as an Act laying down the fundamental principles binding the legislator in adopting procedural instruments and principles to be followed by courts and as a remedy for violations of rights or a tool to address loopholes and collisions of law. Courts of general jurisdiction perform the control of legitimacy of legal Acts by checking their compliance with the Constitution in individual cases and by applying to the Constitutional Court for repeal of anticonstitutional norms or by applying the Constitution as an Act of direct effect to eliminate loopholes, interpret statutes and deal with collisions of legal norms. The author believes that the fact that the courts of general jurisdiction frequently raise questions of incompliance of legal Acts with the Constitution and decisively apply to the Constitutional Court evidences a high level of legal culture and legal consciousness of the judges. That fact may also serve as a precondition for the growth of confidence in the judiciary as judicial procedures may contain no uncertainties as to the constitutionality of the statutes to be followed in litigation. (shrink)

This volume examines the concept of the rule of law, arguing that the principles it identifies provide the foundations of a liberal democratic legal order. It explains the connections between a range of matters fundamental to the relationship between citizen and state, including freedom of speech, civil disobedience, procedural fairness, and administrative justice.

The dissertation seeks to characterize the style of government embodied in Adam Smith's vision of civil society. It is composed of two parts. The first, preparatory part develops a framework for offering a historically sensitive interpretation of Smith's works by drawing on and criticizing the treatment of the eighteenth century in the work of several contemporary political theorists and historians of political thought. Part II gives the full-fledged interpretation of Smith's thought, based on both detailed textual interpretation and broad (...) contextual juxtaposition. Smith's highly systematic knowledge of the governance of conduct in civil society forms an innovative response to a political problem first articulated in sixteenth-century raison d'etat, reformulated in seventeenth-century natural jurisprudence, the eighteenth-century discourse of polite sociability and its Mandevillean critique, and posed in acute form by Hume. The problem was how to secure the survival, and enhance the strength, of the political order under conditions both of international military-commercial competition and potentially devastating internal social conflict that could eventuate in the kinds of civil wars that wracked the seventeenth century. ;Accepting Hume's reduction of civil society to an immanent plane devoid of providential guarantee of social harmony, Smith shows, in a first moment, how individuals in civil society are able to govern themselves freely and naturally, and how social order is produced and reproduced naturally. The sympathetic sociability and the natural development of the individual's conscience and sense of duty depicted in The Theory of Moral Sentiments and the commercial society depicted in the Wealth of Nations seem to obviate the need for invasive political governance. To this extent, Smith's "system of natural liberty" entails a minimal style of governance, oriented around the negative activity of administering justice, that is, of protecting individuals' rights by preventing and punishing injustice. However, Smith observes that the contemporary form of civil society necessarily produces among those he calls "the labouring poor," who constitute "the great body of the people," the very forces of "faction" and "fanaticism" that threaten to destroy political authority and social tranquillity. In response, Smith theorizes a more minute, controlling style of governance, oriented around the positive activity of forming and reforming the unruly lower ranks through habituation to a condition of orderliness, discipline and moderation. Smith takes up a series of existing practices for moderating conduct and forming character---practices embodied in educational, military, religious, manufactory and even recreational institutions---and projects them into an overall governmental strategy, theoretically unifying them by means of the jurisprudential category of police. Commerce, polite sociability, the self-governing individual, the practice of justice, the stability of government---in short, civil society as such---turn out to be dependent on the effective subjection of the great body of the people to police institutions. In Smith's comprehensive picture of civil society and government, justice and police represent not an ideal for civil society and its unfortunate but merely de facto subversion, respectively, but rather two ideals of civil society which exist in a relationship of uneasy complementarity. (shrink)

Radical democratic political theorists have used the concept of constituent power to sketch ambitious models of radical democracy, while many legal scholars deploy it to make sense of the political and legal dynamics of constitutional politics. Its growing popularity notwithstanding, I argue that the concept tends to impede a proper interpretation of civil disobedience, conceived as nonviolent, politically motivated lawbreaking evincing basic respect for law. Contemporary theorists who employ it cannot distinguish between civil disobedience and other related, yet (...) ultimately different, modes of political illegality. The essay also examines Jürgen Habermas’ recent contributions to a theory of mixed or dualistic constituent power, conceding that Habermas avoids many theoretical and political ills plaguing competing radical democratic theoretical retrievals. Nonetheless, Habermas’ attempt to salvage the idea of constituent power as part of... (shrink)

Properly speaking, money and law are natural outgrowths of human society, evolving over time via the voluntary cooperation that lies at the heart of the social enterprise. And as gold and the golden rule have for millennia formed the basis, respectively, of society’s money and law, they accordingly constitute the “twin pillars of civilization,” governing the social enterprise such that, in Mises’s words, “the human species has multiplied far beyond the margin of subsistence.” It stands to reason, then, that if (...) money and law are corrupted, the social enterprise will be corrupted as well. And as this is precisely what the state has done, essentially toppling the twin pillars of civilization, it is necessary to understand what the state is, where it came from, and how it has systematically gone about corrupting money and law, and thus the social enterprise as a whole. For only then can money and law be returned to their rightful owners, and only then can the state be put in its proper place. Which is no place so far as the proper functioning of civil society is concerned. (shrink)

The delusory quest for disembodiment, against which the quest for re-embodiment is reacting, is characteristic of macroparasites who live off the work, products and lives of others. The quest for disembodiment that characterizes modernism and postmodernism, it is argued, echoes in a more extreme form the delusions on which medieval civilization was based where the military aristocracy and the clergy, defining themselves through the ideal forms of Neo-Platonic Christianity, despised nature, the peasantry and in the case of the (...) class='Hi'>clergy, women. This argument is used to expose and reveal the oppressive and ecologically destructive drive underlying the aspirations of the dominant classes in the modern/postmodern world to disembodiment, whether this be seen as the quest to be unbounded by time and place, to be free of dependence on labour and natural resources, to be free of the humdrum of everyday life by entering ‘virtual’ worlds, or, as with post-humanists, to overcome the limits of the body by fusing with technology. These modern and postmodern forms of the quest for disembodiment, it is suggested, now threaten civilization, the future of humanity and most terrestrial life. This analysis is used to clarify the liberating mission of the grand narrative for re-embodiment, exemplified by the quest for Inclusive Democracy, Earth Democracy, Ecological Civilization, or for an Ecozoic Age. The grand narrative of the Age of Re-embodiments is shown to be inseparable from the struggle for truth, justice and liberty as central to real democracy empowering people to augment rather than undermine the conditions for life. (shrink)

'The many virtues of Constitutional Justice are evident throughout the piece. The author should be congratulated for even attempting to construct a normative theory of liberal constitutionalism... Constitutional Justice is a work that faithfully carries on the grand tradition of normative legal thought. No small task, and Allan succeeds admirably.' -Law and Politics Book ReviewThis book offers a systematic interpretation of the ideal of the rule of law, arguing that the principles it identifies provide the foundations of a liberal democratic (...) legal order. It explains the essential connections between a range of matters fundamental to the relationship between citizen and state, including freedoms of speech and conscience, civil disobedience, procedural fairness, administrative justice, the right of silence, and equal protection or equality before the law. The principles of public law are interpreted in the light of liberal legal and political philosophy.Readership: Scholars and students of law, philosophy, and politics. (shrink)

As its title suggests, this work provides a wide-ranging discussion and interpretation of David Hume’s political philosophy. McArthur’s main arguments are threefold. First, the watershed between civilized and barbarous societies for Hume lies in the establishment of the rule of law. According to the author, what Hume called a “civilized monarchy,” though falling short of the ideal republic, can be regarded as a civilized form of government. This is because Hume believed that, with the exception of the monarch him- or (...) herself, people could be governed by the rule of law in such a political system. Second, McArthur coins the term ‘precautionary conservatism’ to define Hume’s political standpoint. This is an attempt to bridge the division between those commentators who define the philosopher as liberal, on one hand, and those who style him a conservative, on the other. The author notes that Hume regarded liberty as a universal ideal and espoused a doctrine of mankind’s natural rights, an element of Hume’s thought that has often been underplayed in conservative interpretations. Finally, McArthur not only pays due attention to the significance of commerce for Hume as a driving force of civilization; he also makes it clear that Hume’s support for luxury is backed up by his keen awareness of the importance of constitution in preserving manners. Unlike what. (shrink)

Ikhwan al-Safa' (The Brethren of Purity) were the anonymous adepts of a tenth-century esoteric fraternity of lettered urbanites that was principally based in Basra and Baghdad. This brotherhood occupied a prominent station in the history of science and philosophy in Islam due to the wide reception and assimilation of their monumental encyclopaedia: Rasa'il Ikhwan al-Safa' (The Epistles of the Brethren of Purity). This compendium contained fifty-two epistles that offered synoptic explications of the classical sciences and philosophies of the age. Divided (...) into four classificatory parts, it treated themes in mathematics, logic, natural philosophy, psychology, metaphysics and theology, in addition to moral and didactic fables. The Ikhwan were learned compilers of scientific and philosophical knowledge, and their Rasa'il constituted a paradigmatic legacy in the canonization of philosophy and the sciences in mediaeval Islamic civilization. -/- This present volume gathers studies by leading philosophers, historians and scholars of Islamic Studies, who are also the editors and translators of the first Arabic critical editions and first complete annotated English translations of the Rasa'il Ikhwan al-Safa', which will be published in the OUP Series that this present volume initiates, as well as being members of the Editorial Board. -/- The chapters of this present volume explore the conceptual and historical aspects of the philosophical and scientific contents of the Rasa'il and their classification, as well as investigating the authorship and dating of this corpus and the impact that the Ikhwan's intellectual tradition exercised in the unfolding of the history of ideas in Islam. (shrink)

In this paper I outline a critical justification of the practice of political whistleblowing as exemplified by the case of Edward Snowden. At first, I argue that the question of justifiability cannot be settled with regard to absolutely binding principles such as special loyalties or the categorical duty to inform fellow citizens. What is required instead is the careful weighing of all relevant consequential and deontic reasons. However, this weighing process has to be publically justified. I will therefore turn to (...) the theory of civil disobedience which provides us with two roots of public justification: widely accepted constitutional values and the primacy of public deliberation. In this view, political whistleblowing is to be seen as a special case of civil disobedience and can be justified along the lines of both liberal and republican approaches. However, in the end of the paper I will indicate that we have to transcend the state-based model of civil disobedience. Snowden’s acts of whistleblowing have a further cosmopolitan intention and need to be justified in terms of avant-garde principles of global justice. (shrink)

In this controversial and provocative book, Mary Anne Franks examines the thin line between constitutional fidelity and constitutional fundamentalism. The Cult of the Constitution reveals how deep fundamentalist strains in both conservative and liberal American thought keep the Constitution in the service of white male supremacy. Constitutional fundamentalists read the Constitution selectively and self-servingly. Fundamentalist interpretations of the Constitution elevate certain constitutional rights above all others, benefit the most powerful members of society, and undermine the integrity (...) of the document as a whole. The conservative fetish for the Second Amendment (enforced by groups such as the NRA) provides an obvious example of constitutional fundamentalism; the liberal fetish for the First Amendment (enforced by groups such as the ACLU) is less obvious but no less influential. Economic and civil libertarianism have increasingly merged to produce a deregulatory, "free-market" approach to constitutional rights that achieves fullest expression in the idealization of the Internet. The worship of guns, speech, and the Internet in the name of the Constitution has blurred the boundaries between conduct and speech and between veneration and violence. But the Constitution itself contains the antidote to fundamentalism. The Cult of the Constitution lays bare the dark, antidemocratic consequences of constitutional fundamentalism and urges readers to take the Constitution seriously, not selectively. (shrink)

Dry examines the U.S. Supreme Court's treatment of the First Amendment freedoms of religion and speech against the founding of the American Constitution and its philosophical underpinnings.

Between 1787, and the end of his life in 1832, Bentham turned his attention to the development and application of economic ideas and principles within the general structure of his legislative project. For seventeen years this interest was manifested through a number of books and pamphlets, most of which remained in manuscript form, that develop a distinctive approach to economic questions. Although Bentham was influenced by Adam Smith's An Inquiry into the Nature and Causes of the Wealth of Nations, he (...) neither adopted a Smithian vocabulary for addressing questions of economic principle and policy, nor did he accept many of the distinctive features of Smith's economic theory. One consequence of this was that Bentham played almost no part in the development of the emerging science of political economy in the early nineteenth century. The standard histories of economics all emphasize how little he contributed to the mainstream of late eighteenth and early nineteenth-century debate by concentrating attention on his utilitarianism and the psychology of hedonism on which it is premised. Others have argued that the calculating nature of his theory of practical reason reduced the whole legislative project to a crude attempt to apply economics to all aspects of social and political life. Put at its simplest this argument amounts to the erroneous claim that Bentham's science of legislation is reducible to the science of political economy. A different but equally dangerous error would be to argue that because Bentham's conception of the science of legislation comprehends all the basic forms of social relationships, there can be no science of political economy as there is no autonomous sphere of activity governed by the principles of economics. This approach is no doubt attractive from an historical point of view given that the major premise of this argument is true, and that many of Bentham's ‘economic’ arguments are couched in terms of his theory of legislation. Yet it fails to account for the undoubted importance of political economy within Bentham's writings, not just on finance, economic policy, colonies and preventive police, but also in other aspects of his utilitarian public policy such as prison reform, pauper management, and even constitutional reform. All of these works reflect a conception of political economy in its broadest terms. However, this conception of political economy differs in many respects from that of Bentham's contemporaries, and for this reason Bentham's distinctive approach to problems of economics and political economy has largely been misunderstood. (shrink)

In 2007 the Chinese government embraced ‘ecological civilization’ as a central policy objective of the government. In 2012, the goal of achieving ecological civilization was incorporated into its constitution as a framework for China’s environmental policies, laws and education, and was included as a goal in its five-year plans. In 2017, the 19th Congress of the Communist Party called for acceleration in achieving this goal. Expenditure on technology to ameliorate environmental damage, reduce pollution and reduce greenhouse gas emissions has (...) been massively increased. It is also presented and promoted as a vision for our global future, in Cornelius Castoriadis’ terminology, a new social imaginary. (shrink)

This study constitutes an ethical analysis through the lens of distributive justice in the case of the Troubled Asset Relief Program (TARP), which was enacted in the midst of the Great Recession of 2007–2009. It begins by engaging with the visions of justice constructed by John Rawls and Robert Nozick, using their insights to locate the injustices of TARP according to their moral imaginations. However, this study argues that Rawls’ and Nozick’s theories of justice primarily envision the nature of law (...) as being restrictive of vice, not as instructors of virtue. Thus, it resources the legal philosophy of St. Thomas Aquinas to demonstrate how the positive pedagogy of law can enable a more just construction of economic rescue legislation, one that not only prevents future repetitions of economic vices and injustice, but is also formative for a society that prizes economic justice and virtues. In doing so, the study proposes two criteria for a more just consideration of economic rescue legislation that embraces law’s positive pedagogy. (shrink)