Freedom, the Common Good, and the Rule of Law: Lippmann and Hayek on Economic Planning

2012 ◽  
Vol 73 (1) ◽  
pp. 47-68 ◽  
Author(s):  
Ben Jackson
Keyword(s):  
Rule Of Law ◽  
Common Good ◽  
Economic Planning ◽  
The Rule Of Law ◽  
The Common Good ◽  
The Common

scholarly journals Non-Positivist ‘Higher Norms’ and ‘Formal’ Positivism: Interpretation of the Ethiopian Criminal Law

2020 ◽  
Vol 14 (1) ◽  
pp. 85-118
Author(s):  
Simeneh Kiros Assefa
Keyword(s):  
Supreme Court ◽  
Rule Of Law ◽  
Criminal Law ◽  
Common Good ◽  
Legal Theory ◽  
Fundamental Rights ◽  
The Common Good ◽  
The Supreme Court ◽  
The Common

The criminal law is adopted as a means of achieving the common good; it is interpreted and applied by the court. The judge chooses the type of legal theory and method to employ in the interpretation and application of the criminal law. Such theories may be acquired from higher norms or from the decision of the Supreme Court. Because such choice of theory and method determines the outcome of the case, the judge is also expected to be guided by the doctrines in criminal law inspired by the values of rule of law and respect for fundamental rights, enshrined in the Constitution. This article examines how courts harmonise the application of the positive criminal law with the non-positivist theories of higher norms. After reviewing various criminal rules and their judicial application, it finds that the court applies the criminal law as it is written in disregard of the non-positivist theories of higher norms, at times in contradiction to the basic doctrines of the criminal law itself.

Dilemmas of Democratisation from Legal Revolutions to Democratic Constitutionalism?

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

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

‘The Law of Nations Is Common to All Mankind’

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sign in / Sign up

Export Citation Format

Share Document