The Growth of Purpose in the Law of Diplomatic Immunity

1937 ◽  
Vol 31 (3) ◽  
pp. 449-465 ◽  
Author(s):  
Montell Ogdon
Keyword(s):  
Political Institutions ◽  
The Political ◽  
Research Committee ◽  
Law Of Nature ◽  
Draft Convention ◽  
History Of ◽  
The Law ◽  
Diplomatic Immunity ◽  
Universal Law ◽  
Of Greece

The protection of unhampered and free exercise of the diplomatic function was recognized as one of the fundamental purposes of the law of diplomatic immunity in the Havana Convention of 1928, and in the Draft Convention of the Harvard Research Committee, 1932. The idea is not a new one—it has long been considered necessary that the channels of intercourse between States be made secure. Even before the political institutions of man began to play an important role in the life of peoples, nations or tribes recognized that it was necessary to treat with each other and guarantee security to messengers in order to advance their mutual interests. The history of the juristic philosophy of diplomatic immunity indicates that there are three periods of development in which the protection of the diplomatic function was deemed to be the purpose of the law, viz., (a) in antiquity, particularly in the universal law of Greece and Rome; (b) in the philosophy of the law-of-nature school, from the twelfth century to the seventeenth; (c) in the precedents of the modern Statessystem and the views of positivist writers, especially since the seventeenth century

scholarly journals Pomiędzy filozofią a nauką – rozważania o francuskich korzeniach wiedzy o polityce na Akademii Krakowskiej w dobie reform kołłątajowskich

Politeja ◽  
2020 ◽  
Vol 17 (1(64)) ◽  
pp. 179-203
Author(s):  
Bartosz Włodarski
Keyword(s):  
Political Science ◽  
18Th Century ◽  
The Political ◽  
Theoretical Base ◽  
Law Of Nature ◽  
Political Sciences ◽  
Law Faculty ◽  
Law Of Nations ◽  
History Of ◽  
The Law

Between Philosophy and Science – Reflections on the French Roots of Political Science at the Cracovian University in the Era of Kołłątaj’s Reforms This paper aims to present the history of the political sciences at the Academy of Cracow during its reorganisation by Hugo Kołłataj in the 18th century. Kołłątaj and other patriots – professors and representatives of the law faculty, precursors of French physiocratic political doctrine in Poland – established „The Chair of the Law of Nature, Economical and Political Law and Law of Nations”. It was the institutional and theoretical base for all political sciences at that time. The plan of developing this particular branch of science was put into practice by Antoni Popławski – great philosopher, reformer and the author of the first book on physiocracy in Poland inspired by dr. Quesnay’s doctrine. The article also presents the origin of the 20th century’s modern political sciences rooted in the knowledge of the 18th Central Crown School – at present known as the Jagiellonian University.

Kant’s Contradiction in Conception Test

Theoria ◽  
2017 ◽  
Vol 64 (152) ◽  
pp. 1-23
Author(s):  
James Furner
Keyword(s):  
Distinctive Feature ◽  
Law Of Nature ◽  
Logical Contradiction ◽  
Hybrid View ◽  
The Law ◽  
New Interpretation ◽  
Universal Law

AbstractThe contradiction in conception test (CC test) is one of two tests posed by Kant’s Formula of the Law of Nature. This article proposes a new interpretation of this test: a causal-teleological version of the Logical Contradiction Interpretation (LCI). Its distinctive feature is that it identifies causal and teleological implications in the thought of a universal law of nature. A causal-teleological version of LCI has two advantages. While the established view of the Groundwork’s applications of the CC test is a hybrid view that treats the Groundwork’s arguments as different in kind, a causal-teleological version of LCI unifies the Groundwork’s applications of the CC test. Relatedly, a causal-teleological version of LCI provides a solution to the problem of how the CC test can confirm the impermissibility of a self-directed maxim.

Introduction

2018 ◽  
pp. 1-28
Author(s):  
John B. Nann ◽  
Morris L. Cohen
Keyword(s):  
Social History ◽  
Legal History ◽  
The United States ◽  
Historical Research ◽  
The Political ◽  
Bill Of Rights ◽  
History Of ◽  
The Law ◽  
The U.S

This introductory chapter provides an overview of legal history research. An attorney might conduct legal history research if the law at question in a legal dispute is very old: the U.S. Constitution and the Bill of Rights are well over two hundred years old. Historical research also comes into play when the question at issue is what the law was at a certain time in the past. Ultimately, law plays an important part in the political and social history of the United States. As such, researchers interested in almost every aspect of American life will have occasion to use legal materials. The chapter then describes the U.S. legal system and legal authority, and offers six points to consider in approaching a historical legal research project.

scholarly journals Mapping the history of codification

2018 ◽  
Vol 112 ◽  
pp. 485-508
Author(s):  
Jean Louis Halpérin
Keyword(s):  
The Political ◽  
New States ◽  
History Of ◽  
The Creation ◽  
The Law ◽  
Civil Codes ◽  
Point Of Departure

Bentham has defended the idea of a general codification as a “map of the law” that could allow the comparison between the laws of different nations. This essay aims to use this relationship about the ideas of codifying the law and mapping the laws to think about the possibility of mapping the history of codification, taking as its point of departure the writing specialized codes - not only the civil codes. Mapping can be a means to deal with the relationships between the countries adopting a code, the opportunity to consider the relationships between the codes and the creation of new States, the national processes of unification, the adoption, the political and social revolutions and ruptures. Also, it will try to make correspondences between these phenomena in order to construct tables that could be represented through future maps.

Sedition and Western Liberal Democracies

2018 ◽  
pp. 73-135
Author(s):  
Anushka Singh
Keyword(s):  
Political History ◽  
The Political ◽  
Liberal Democracies ◽  
History Of ◽  
The Law ◽  
Course Of Study

The second chapter leads to separate inquiries into the political history of the law of sedition in the three western liberal democracies, namely, England, USA, and Australia, based upon legislations, judicial trials, targets of the law and its relationship with counterterror legislations. In each country, there is one specific moment in relation to sedition that gains prominence through the course of study. The chapter offers a framework of three specific moments, namely, ‘abolition’, ‘restriction’, ‘modernization’, which most effectively define the place of sedition in that particular country.

Vim fieri veto: Apropos of a Recent Work

Antichthon ◽  
1972 ◽  
Vol 6 ◽  
pp. 63-73
Author(s):  
R.A. Bauman
Keyword(s):  
Recent Work ◽  
Political History ◽  
Social Background ◽  
Considerable Importance ◽  
The Political ◽  
Private Law ◽  
Basic Theme ◽  
History Of ◽  
The Law ◽  
Political Economic

Luigi Labruna makes a number of proposals, in his recent Vim fieri veto: alle radici di una ideologia, of considerable importance to both the legal and the political history of the later Republic. The basic theme of the work is the possessory interdict uti possidetis, but in furtherance of his avowed purpose of illuminating the juridical, political, economic and social background to this early possessory remedy the author moves freely and knowledgeably in a number of fields. It is well that it should be so. The delimitation of the boundaries of Roman private law in a purely juridical setting is and will always be an indispensable and rewarding discipline, but it is more and more coming to be realized that the law of a given society needs also to be seen in a wider ambit, not only for the better understanding of the law but also for the better understanding of the society. His successful application of this wider approach to the rather austere problems of the possessory interdicts marks Labruna’s work out as one of considerable significance and merit.

Political Science

2018 ◽  
pp. 104-133
Author(s):  
Tita Chico
Keyword(s):  
Seventeenth Century ◽  
Political Institutions ◽  
Royal Society ◽  
Natural Philosophy ◽  
The Political ◽  
The Core ◽  
Gulliver's Travels ◽  
Experimental Project ◽  
History Of ◽  
Natural Philosophers

Late seventeenth-century natural philosophers inherited the conjunction of politics and science at the core of Francis Bacon’s experimental project. Thomas Sprat’s The History of the Royal Society, Margaret Cavendish’s The Blazing World, and Jonathan Swift’s Gulliver’s Travels use the conventions of literary knowledge to express their scientific-political visions, insisting that natural philosophy cannot be understood apart from the political institutions enabling and enabled by its practice and promulgation. These writers use the experimental imagination to envisage, in turn, civil government, absolutist monarchy, and imperialism. Sprat advances scientific triumphalism and a model for schooling gentlemen into civil society.

Islam, History, and Politics

1963 ◽  
Vol 1 (1) ◽  
pp. 91-97
Author(s):  
Thomas Hodgkin
Keyword(s):  
Political Institutions ◽  
The Political ◽  
African History ◽  
African Politics ◽  
Political Systems ◽  
The Social ◽  
Special Cases ◽  
History Of ◽  
Colonial Government ◽  
Belgian Congo

It is not, I imagine, necessary to argue in this Journal (whose birth I welcome) that the study of African politics should never be separated from the study of African history. There was a time when the political institutions of African states (except in a few special cases, such as Ethiopia) meant ‘colonial political institutions, together with such indigenous African institutions as had been permitted to survive within the colonial framework’. For students of colonial government the study of African history had no obvious relevance. For those who wished to explain such institutions as Legislative Councils in British-controlled territories, Communes Mixtes in French-controlled territories, or the Conseil de Gouvernement in the Belgian Congo, the history of the European state which had imposed the institution was understandably more significant than the histories of the African peoples upon whom it had been imposed. As for such indigenous African political systems as had survived, in a modified form, within the colonial administrative structure, their study was—by a kind of unwritten convention—left to the social anthropologists, whose historical interests varied according to the character of the system and the approach of the anthropologist.

Plutarch’s Lives

2017 ◽  
Author(s):  
Paolo Desideri
Keyword(s):  
Special Interest ◽  
Dominant Role ◽  
The Other ◽  
The Political ◽  
Political World ◽  
History Of ◽  
The One ◽  
Of Greece ◽  
Rule Out

This chapter discusses first the general cosmological principles which lie behind Plutarch’s historiographical work, such as can be recovered through significant passages of his Delphic Dialogues. Second, it investigates the reasons why Plutarch wrote biographies, and more specifically parallel biographies, instead of outright histories: in this way, Plutarch aimed to emphasize, on the one hand, the dominant role of individual personalities in the political world of his own time, and, on the other hand, the mutual and exclusive relevance of Greece and Rome in the history of human culture. Third, the chapter seeks to connect the rise-and-fall pattern, typical of biography, with the general rise-and-fall pattern which Plutarch recognizes both in the Greek and in the Roman civilizations; through that connection one can rule out the idea that Plutarch had any providential view of history. Finally, some reflections are offered on Nietzsche’s special interest in Plutarch’s biographies.

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