scholarly journals Orzecznictwo sądów amerykańskich w sprawach niewolnictwa – pomiędzy formalizmem a subwersją

2018 ◽  
Vol 3 (2) ◽  
pp. 70-96
Author(s):  
Jerzy Zajadło
Keyword(s):  
19Th Century ◽  
Rule Of Law ◽  
Point Of View ◽  
Theoretical Point ◽  
The Rule Of Law ◽  
The 19Th Century

Article discusses a dilemma of judge facing a possibility (or necessity) of applying judicial disobedience. From the philosophical as well as theoretical point of view, the most intriguing would be an instance of judicial disobedience when applied to a state of democracy and the rule of law. In order to (re-)construct such an instance, the article traces the reader back to the middle of the 19th Century, when the moral conscience of (at least) some of American judges drove them to searching for the sound justification of judicial disobedience when faced with problem of slavery.

Theoretical and methodological determinants of the Robert von Mol’s concept of the social state

2020 ◽  
Vol 2020 (1) ◽  
pp. 37-45
Author(s):  
Svetlana Pirozhok
Keyword(s):  
19Th Century ◽  
Rule Of Law ◽  
Social Protection ◽  
The State ◽  
Scientific Article ◽  
Social State ◽  
The Rule Of Law ◽  
Legal Thought ◽  
The Social ◽  
The 19Th Century

The relevance of determining the theoretical and methodological determinants of the Robert von Moll’s concept of the social state is due to the need to determine the patterns of evolution of ideas about the state and law, as well as the need to assess the ability to use the potential of the Robert von Moll’s theoretical and legal heritage, his predecessors and contemporaries to identify the optimal model of the social state. Modern Russia attempts to build such state. The proclamation and consolidation of Russia as a social state governed by the rule of law at the constitutional level requires attention both to the experiments carried out in social and legal development, and to the practices of social reform, and also to those ideas that have not yet been embodied. The ideas of European scholars regarding the evolution of the state-legal organization of society in the early modern period, based on which Robert von Mohl (1799–1875) developed original concepts of a social state and a state governed by the rule of law are discussed in the article. An analysis of the state of European political and legal thought and identification of the factors that have a significant impact on the development of Robert von Mohl’s doctrine of a social state governed by the rule of law are the purposes of the scientific article. The methodological basis of the study was the dialectical-materialistic, general scientific (historical, systemic) and special (historical-legal, comparativelegal) methods of legal research. The method of reconstruction and interpretation of legal ideas had great importance. As a result of the study, it was concluded that in the first half of the 19th century in European political and legal thought various approaches was formed to consider the problems of social protection and how to resolve them. The development trend of European political science became the transition from ideas and principles formed in the conditions of police states and enlightened absolutism to the ideas of a state governed by the rule of law (constitutional) that protects the rights and freedoms of a citizen. At the same time, it was a question of the rights and freedoms of only a part of the population: the proletariat growing in number and significance was not always evaluated as an independent social stratum. The axiological principles of state justification have also changed. Rights and utility principle became dominant principles. In the first half of the 19th century the social issue as an independent scientific problem of the European political and legal thought was not posed and not systematically developed. Questions about the social essence of the state, the specifics of the implementation of the state social function, the features of public administration in the new stage of socio-economic development of society predetermined the emergence of the idea of a social state. This idea was comprehensively characterized in the Robert von Mohl’s works. He went down in the history of political and legal thought as founder of the concepts of social and governed by the rule of law state.

scholarly journals MIKHAIL A. RISNER’S STATE-LEGAL AND RELIGIOUS VIEWS ON MORALITY (THE END OF THE 19TH CENTURY)

2019 ◽  
pp. 34-43
Author(s):  
V. V. VISHKVARTSEV
Keyword(s):  
Rule Of Law ◽  
Point Of View ◽  
Natural State ◽  
Moral Law ◽  
Law Schools ◽  
The Rule Of Law ◽  
Modern Period ◽  
Russian Law ◽  
The 19Th Century ◽  
Subjective Side

On the basis of the analysis of the teachings of German canonists and theologians of the 19th century, a famous Russian jurist Mikhail A. Reisner elaborated his own system of views regarding the interrelationship between law and morality from the point of view of their existence in the Christian state. At the beginning of his academic life Mikhail A. Reisner was far from sharing socialist ideas and closer to the ideals of the rule-of-law State. Under the conditions of this type of the State «the moral law» acts as the predetermining social regulator; the concept of «personality altruism» is formed as the theoretical foundation for understanding of the civil society; law is explained through its properties of moral and conciliatory power; the «natural state» of the person is interpreted in the context of impossibility of influence of Christian dogmas on the subjective side of the human will. Despite the fact that Prof. Reisner considered unattainable the existence of a Christian State within the framework of the rule-of-law State, the scholar identified the issues of their joint jurisdiction. Conclusions drawn on the basis of the study of the works written by Prof. Reisner using his individual views concerning the philosophical and legal thought of other representatives of Russian law schools (B. A. Kistyakovsky, P. I. Novgorodtsev) allows the authors to reveal the commonality and relevance of their moral ideas for the modern period of time.

Mr. Mothercountry: The Rule of Law as Practice

2015 ◽  
Vol 13 (3) ◽  
pp. 320-334 ◽  
Author(s):  
Keally McBride
Keyword(s):  
19Th Century ◽  
Rule Of Law ◽  
International Politics ◽  
The Rule Of Law ◽  
Or Practice ◽  
British Colonial ◽  
The 19Th Century

The rule of law is understood as a clear benchmark or achievement in contemporary international politics. But the rule of law is better understood as an invariably messy, contingent, and incomplete process or practice. This article examines how one man, Sir James Stephen, oversaw the rule of law in British colonial territories in the first half of the 19th century. He offers clear lessons in why the rule of law can never be definitively achieved, and the importance of approaching law’s administration with humility.

scholarly journals La primauté du droit. L'origine du principe et son évolution dans le contexte de la Charte canadienne des droits et libertés

2005 ◽  
Vol 27 (3) ◽  
pp. 685-710
Author(s):  
Sonia Pratte
Keyword(s):  
Human Rights ◽  
19Th Century ◽  
Rule Of Law ◽  
Canadian Charter ◽  
The Rule Of Law ◽  
Royal Power ◽  
Parliamentary Supremacy ◽  
To Come ◽  
The 19Th Century ◽  
Unwritten Law

The rule of law is one of the foundations of our society. In England where it first developed, it symbolized the subjection of royal power to new parliamentary supremacy. Towards the end of the 19th century, A.V. Dicey provided the concept with a description expressed in three well-known premisses. As a component of unwritten law in Canada, the rule of law was to experience many interpretations until finally it was enshrined in the preambule of the Canadian Charter. Henceforth a part of the Constitution, it would now acquire a more formal meaning in its applications to parliaments, administrative acts in general and even to royal prerogatives. Furthermore, the rule also carries with it a content that will be more precisely defined by the courts in years to come. The rule of law now is a dynamic concept that can be placed in the service of protecting and promoting human rights.

scholarly journals Rizaeddin Fakhraddin (1859‒1936) on Model of State of the Modern Epoch

2021 ◽  
Vol 17 (3) ◽  
pp. 107-120
Author(s):  
A. Yu. Khabutdinov
Keyword(s):  
19Th Century ◽  
Rule Of Law ◽  
Legal System ◽  
Social Issues ◽  
Point Of View ◽  
The Political ◽  
The Rule Of Law ◽  
The Creation ◽  
Late Modern

This article is devoted to the ideas of Rizaetdin Fakhretdin (1859‒1936) concerning the statehood of the Late Modern (19th century) period. His main theological work “Dini ve ijtimagy meseleler” (“Religious and Social Issues” (1914)) was devoted to the justification of the modernization reforms as well as to ways of their understanding from the Muslim point of view. R. Fakhraddin analyzed reforms of the political and legal system, the introduction of the Constitution, the construction of the rule of law, the creation of Parliament. He justified the necessity and legitimacy of these reforms from the point of view of the Qur’an and the Sunnah.

CAPRICCIOʼS GENRE IN MANDOLIN MUSIC AT THE END OF THE 19th – THE EARLY OF THE 20th CENTURIES (for example of the concert pieces by С. Munier)

2019 ◽  
pp. 60-71
Author(s):  
N. V. Bashmakova ◽  
K. V. Kravchenko
Keyword(s):  
19Th Century ◽  
Analytical Methods ◽  
17Th Century ◽  
Point Of View ◽  
Historical Approach ◽  
The Creation ◽  
Characteristic Features ◽  
Concert Works ◽  
In The Beginning ◽  
The 19Th Century

The purpose of this article is process of analyzing in reference to concert capriccio by C. Munier for mandolin with piano («Bizzarria», op. 201, Spanish сapriccio, op. 276) from the point of view of their genre specificity. Methodology. The research is based on the historical approach, which determines the specifics of the genre of Capriccio in the music of the late 19th and early 20th centuries and in the work of C. Munier; the computational and analytical methods used to identify the peculiarities of the formulation and the performing interpretation of the original concert pianos for mandolins with piano that, according to the genre orientation (according to the composerʼs remarks), are defined as capriccio. Scientific novelty. The creation of Florentine composer,61mandolinist-vertuoso and pedagog C. Munier, which made about 300 compositions, is exponential for represented scientific vector. Concert works by C. Munier for mandolin and piano, created in the capriccio genre, were not yet considered in the art of the outdoors, as the creativity and composer’s style of the famous mandolinist. Conclusions. Thus, appealing to capriccio by С. Munier, which created only two works, embodied in them virtually all the evolutionary stages of the development of genre. In his opus of this genre there are a vocal, inherent in capriccio of the 17th century solo presentation, virtuosity, originality, which were embodied in the works of 17th – 18th centuries and the national color of the 19th century is clearly expressed. Thus, the Spanish capriccio is a kind of «musical encyclopedia» of national dance, which features are characteristic features of bolero, tarantella, habanera, and so forth. The originality of opus number 201 – «Bizzarria», is embodied in the parameters of shaping (expanded cadence of the soloist in the beginning) and emphasized virtuosity, which is realized in a wide register range, a variety of technical elements.

Migration, law, democracy: identifiyng where the risk is

2009 ◽  
pp. 139-150
Author(s):  
Javier de Lucas
Keyword(s):  
Rule Of Law ◽  
Point Of View ◽  
Risk Society ◽  
Structural Factors ◽  
The Rule Of Law ◽  
Poor Countries ◽  
Definition Of ◽  
Sans Papiers ◽  
Migratory Movements ◽  
Migration Law

- This paper focuses on migration, law and democracy in order to identify where risk lies. The author concentrates on studying a recent case, the Directive on the Return of so-called illegal immigrants (sans papiers) approved by the European Parliament on 18 June 2008. The usual point of view, that of the dominant discourse, maintains that today's migratory movements constitute one of the structural factors that justify the definition of our societies as the "Risk Society". According to this point of view, the migratory flows entail a risk for social cohesion and even a destabilising potential for both democracy and the rule of law. The risk is illustrated by the menacing image of invasion threatening at our doors, hence the classical argument of the "demographic bomb" as the resource of poor countries. The author's thesis sustains that it is precisely our responses, in the form of migratory policy tools, that constitute a risk factor. Some of these tools, including this Directive, have become destabilising elements of the rules of the game and, moreover, of the values of the rule of law and of democracy.

scholarly journals Virginia Woolf and some aspects of the Russian novel of the 19th century

2018 ◽  
Vol 19 (11) ◽  
Author(s):  
Sonja Valčić
Keyword(s):  
19Th Century ◽  
Virginia Woolf ◽  
Emily Bronte ◽  
Point Of View ◽  
Wuthering Heights ◽  
Russian Novel ◽  
The 19Th Century

Tema ovog eseja je bazirana na citatu V. Woolf »The Russian Point of View«, tj. na citatu iz njena eseja, koji otvara jedan interesantan uvid u neke tendencije ruskih i engleskih romanopisaca 19. stoljeća. Engleski novelisti, po V. Woolf, čini se, teže objektivnijem prikazivanju društva, dok su ruski veći individualisti. Da se svi engleski pisci ne mogu klasificirati kao objektivni promatrači društva u kojem žive, potvrđuje Emily Bronte sa svojim romanom Wuthering Heights. Isto tako ruski novelisti 19. stoljeća otvaraju »mogućnosti« modernih interpretacija s tematikama moralnih sukoba koje onda pisci 20. stoljeća (engleski) proširuju na određen način, ili, bolje rečeno, sagledavaju s drugih točaka gledišta i stavljaju u određene okvire. Obrađeni su naročito V. Woolf i D. H. Lawrence, te su povučene neke paralele s Tolstojem i Turgenjevim.

scholarly journals Problemi morali nel trattamento della preeclampsia e della corioamnionite

2008 ◽  
Vol 57 (3) ◽  
Author(s):  
Maurizio P. Faggioni
Keyword(s):  
19Th Century ◽  
Double Effect ◽  
Point Of View ◽  
Alternative Solution ◽  
Ethical Point ◽  
Principle Of Double Effect ◽  
Catholic Tradition ◽  
The 19Th Century ◽  
Difficult Situations

Fra le patologie della gravidanza la corioamnionite e la preeclampsia rappresentano situazioni difficili sia dal punto di vista clinico sia dal punto di vista etico. L’articolo affronta con particolare attenzione il problema dell’anticipazione del parto prima che il feto abbia raggiunto la soglia della viabilità. Vengono esaminate le posizioni principali della Tradizione cattolica e le risposte a specifici quesiti date dal Sant’Uffizio tra la fine del XIX secolo e l’inizio del XX. L’Autore ritiene che l’applicazione del principio del duplice effetto a queste situazioni non sia del tutto convincente e propone una soluzione alternativa nella individuazione del solo bene possibile. ---------- Chorioamnionitis and preeclampsy represent difficult situations among pregnancy pathologies both from a clinical and from an ethical point of view. The article treats with particular attention the issue of induced preterm parturition before fetus has reached the threshold of viability. The main positions of the Catholic Tradition and the answers given by the Holy Office at the end of the 19th century and the beginning of the 20th are examined. The author believes that the application of the principle of double effect to such situations is non completely convincing and he proposes as an alternative solution the identification of the only possible good.

INTER ARMA SILENT LEGES (NOTAS SOBRE DEL DERECHO DE EXCEPCIÓN)

2010 ◽  
pp. 285-294
Author(s):  
JOSÉ MANUEL CASTELLS ARTECHE
Keyword(s):  
Rule Of Law ◽  
United States Supreme Court ◽  
Case Law ◽  
Point Of View ◽  
Court Case ◽  
The Rule Of Law ◽  
Current Economic Crisis ◽  
Supreme Court Case ◽  
Emergency Measures ◽  
Structural Point

Se hace notar que en situaciones de excepción, sea en un aspecto coyuntural (la actual crisis económica), sea estructural (las medidas de emergencia justificadas en razones de necesidad), se afecta normalmente aunque no necesariamente a los principios propios de un Estado de Derecho. Se aportan ejemplos de la realidad actual o de momentos claves de la jurisprudencia del Tribunal Supremo de los Estados Unidos de Norteamérica. Salbuespeneko egoeretan, dela egoera koiunturala (egungo krisi ekonomikoa), dela egiturazkoa (premiagatik justifikatuta dauden larrialdiko neurriak), gehienetan, baina ez beti, Zuzenbide Estatutuaren printzipio funtsezkoetara jotzen da. Ameriketako Estatu Batuetako Epaitegi Gorenaren jurisprudentziaren gaur egungo errealitatearen edo une gailurren adibideak aztertzen dira. It is pointed out that in exceptional circumstances, either from a temporary point of view (current economic crisis) or from a structural point of view (emergency measures justified by reasons of necessity), is normally affected albeit not necessarily the same principles of the Rule of Law. Some current real examples or key moments in United States¿ Supreme Court case law are provided.

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