Alfred Cuzán proposed five “laws of politics” that allegedly govern elections in democracies. Drawing from insights in the general philosophy of science and the philosophy of the social sciences, I argue that—although his empirical evidence is impressive—he failed to develop a convincing argument for calling the five theses “laws.” This article discusses other examples that often are claimed to be “laws of politics” and describes the global picture supporting this analysis.

Drawing on classic and contemporary scholarship and empirical analysis of elections and public expenditures in 80 countries, the author argues for the existence of primary and secondary laws of politics. Starting with how basic elements of politics-leadership, organization, ideology, resources, and force-coalesce in the formation of states, he proceeds to examine the operations of those laws in democracies and dictatorships. Primary laws constrain the support that incumbents draw from the electorate, limiting their time in office. (...) They operate unimpeded in democracies. Secondary laws describe the general tendency of the state to expand vis-à-vis economy and society. They exert their greatest force in one-party states imbued with a totalitarian ideology. The author establishes the primary laws in a rigorous analysis of 1,100 parliamentary and presidential elections in 80 countries, plus another 1,000 U.S. gubernatorial elections. Evidence for the secondary laws is drawn from public expenditure data series, with findings presented in easily grasped tables and graphs. Having established these laws quantitatively, the author uses Cuba as a case study, adding qualitative analysis and a practical application to propose a constitutional framework for a future Cuban democracy. Written in an engaging, jargon-free style, this enlightening book will be of great interest to students and scholars in political science, especially those specializing in comparative politics, as well as opinion leaders and engaged citizens. (shrink)

Law and Politics under the Abbasids: An Intellectual Portrait of al-Juwayni. By Sohaira Z. M. Siddiqui. Cambridge Studies in Islamic Civilization. Cambridge: Cambridge University Press, 2019. Pp. xiii + 312. $99.99, $32.99, $26.

In this paper I reconstruct and defend John Rawls' The Law of Peoples, including the distinction between liberal and decent peoples. A “decent people” is defined as a people who possesses a comprehensive doctrine and uses that doctrine as the ground of political legitimacy, while liberal peoples do not possess a comprehensive doctrine. I argue that liberal and decent peoples are bound by the same normative requirements with the qualification that decent peoples accept the same normative demands when they are (...) reasonably interpreted and from their comprehensive doctrine, not from political liberalism. Normative standards for peoples appear in a law of peoples in two places: as internal constraints carried forward from political liberalism which regulate domestic affairs and as principles derived from a second original position that provide the normative ground for a society of peoples. This first source of normative standards was unfortunately obscured in Rawls' account. I use this model to defeat the claim that Rawls has accommodated decent peoples without sufficient warrant and to argue that all reasonable citizens of both liberal and decent peoples would accept the political authority of the state as legitimate. Although my reconstruction differs from Rawls on key points, such as modifying the idea of decency and rejecting a place for decent peoples within a second original position, overall I defend the theoretical completeness of political liberalism and show how a law of peoples provides reasonable principles of international justice. (shrink)

This work contains, perhaps, a larger amount of vigorous orthodoxy than can elsewhere be found in so small a compass. It is a plea for a laissez-faire policy, and is full of wisdom of a kind that is needed, in view of the drift of opinions toward “stateism.” Its effect on public policy will be like that of an anchor planted on a shoal on one side of a channel in order to warp a vessel off from an opposite shoal. (...) Yet in one way it brings economics and politics into close connection; it discusses government as an economic function, a process of creating and selling the product security. Though opposing governmental interference in industry, it emphasizes the action of economic law upon government. (shrink)

Lieber's influence as an educator will make the work of interest to scholars of legal education as well as students of law and government.

Simon P. Kennedy’s book is an intervention in the recent revival of interest in the role of natural law in Reformed Protestantism. It deals with shifts in perspectives on human nature and politics...

Social interaction and the constitution of mediated and nested space in the court of appeal -- Conclusion -- Concluding remarks: On becoming juridical -- Ways of spacing law and politics -- Becoming juridical -- Towards hybrid juridical spaces -- References -- Index.

Introductory courses in political philosophy would benefit from the incorporation of material on the Iroquois Great Law of Peace, including the story of the foundation of the Haudenosaunee Confederacy. Classroom study of this tradition will serve several purposes: introducing a valuable account of political phenomena such as negotiation, consensus, veto, and rational communication; contributing to the diversity of syllabi; tracing the influence of Iroquois law on Western political institutions; and comparing the Haudenosaunee story to early modern social contract theory, especially (...) Hobbes’ Leviathan. This paper draws connections to relevant topics in a standard, historically-oriented course and suggests learning resources and objectives. (shrink)

"The Law of Peoples" has been extended into a monograph with the same title,which is the main focus of this essay. Brown includes a sketch of Rawls’s project as a whole as a necessary preliminary.

The Laws of Peoples (LP) has a great deal to offer in at least three different respects: as the completion of Rawls's philosophical project, as a guide to foreign policy, and as a different way of understanding international relations (IR). This chapter outlines arguments put forward in respect to these three themes, demonstrating that they represent promising avenues for further debate, while pointing to LP's broader value and merit. It focuses on specific elements of world politics where Rawls's (...) ideas provide promising alternatives. The chapter explains how Rawls's realistic utopianism represents a form of theorizing that could constitute a genuine challenge to more traditional forms of thinking in IR. It examines some of the key ideas of Rawls's international theory through mapping the development of his thought, and indicates how critiques such as Sen's initially represented the predominant response. (shrink)

This paper studies both Locke's Two Treatises of Government and Sidney's Discourses Concerning Government. It suggests that there is a much closer relationship between them than has usually been assumed. In particular, there is a community of language, and of argumentation, underlying their justifications of resistance. This hinges upon the rights, and the law, of war. This language was a Dutch inheritance: it derived specifically from Hugo Grotius' classic The Law of War and Peace (1625). But its development here also (...) drew upon two English contexts: both the political crisis of 1678-83 and the earlier experience of the English civil wars. I have argued elsewhere that the crisis of 1678-83, usually called the exclusion crisis, was at one level a reliving of the experience of the civil wars. It was the Restoration crisis, and it was triggered by a collapse of confidence in the Restoration settlement. Indeed beneath the constitutional veneer of the Restoration period as a whole -- a restoration of constitutional normality as superficial as it was brief -- lay the proximity, and eventually the fact, of political (and judicial) violence. It was within this context that there emerged, in the work of Locke and Sidney, an ideology of political and judicial violence that drew upon the experience of half a century of England's troubles. In so tracing their use of Grotius we will be considering the reflections of some of Early Modern Europe's most influential writers upon what was the primary political problem of their age. (shrink)

Criminal law theory concerns itself with the justification of punishment. Conflicting moral theories of punishment will be held in liberal democracies. The positive law therefore neither will nor should reflect exclusively a single moral theory of punishment. Like the institutions for making law, the institutions for enforcing it will cause punishments imposed to deviate from what pure moral theory might prescribe. These claims are illustrated by the debate over blackmail prohibition. The best rationale for prohibition is not the moral argument (...) that blackmailers culpably cause harm, but the political argument that blackmailers threaten the state’s claimed monopoly on punishing crime. (shrink)

Law as Politics thematically organises in one volume the varying engagements and confrontations with Schmitt's work and allows scholars to acknowledge-and ...

In this excellent book, drawing on previously published articles, George Duke gathers the scattered threads of Aristotle's discussions of law while defending clear stances in the various philosophical debates they have engendered. The book works within Aristotelian methodology and metaphysics, developing the view that a politeia should be understood as a formal cause that is worked out in terms of the successive definitions offered in book III of Politics. Building on studies of the evolution of the meaning of nomos (...) and making occasional reference to Greek legal history and practice, primarily in Athens, it treats what I see as three themes, spread across seven chapters.In chapters 1 and 2, Duke addresses the... (shrink)

The purpose of this article is to respond to Jacques Derrida’s reading of Immanuel Kant’s laws of hospitality and to offer a deeper exploration into Kant’s separation of a cosmopolitan right to visit ( Besuchsrecht) and the idea of a universal right to reside ( Gastrecht). Through this discussion, the various laws of hospitality will be examined, extrapolated and outlined, particularly in response to the tensions articulated by Derrida. By doing so, this article will offer a reinterpretation of (...) the laws of hospitality, arguing that hospitality is not meant to capture all the conditions necessary for cosmopolitan citizenship or for a thoroughgoing condition of cosmopolitan justice as Derrida assumes. This is because hospitality could be understood as the basic normative requirement necessary to establish an ethical condition for intersubjective communication at the global level, where discursive communication regarding the substance of a future condition of cosmopolitan justice is to be subjected to global public reason. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Reforming the Law of Nature: The Secularization of Political Thought, 1532–1689 by Simon P. KennedyFrancis J. BeckwithKENNEDY, Simon P. Reforming the Law of Nature: The Secularization of Political Thought, 1532–1689. Edinburgh: Edinburgh University Press, 2022. ix + 125 pp. Cloth, $110.00In this monograph Simon P. Kennedy offers an account of the desacralization of politics in the West by critically examining the works of five central figures in (...) the Protestant Reformed tradition: John Calvin (1509–64), Richard Hooker (1554–1600), Johannes Althusius (1557–1638), Thomas Hobbes (1588–1679), and John Locke (1632–1705). He dedicates a chapter to each thinker. The core of Kennedy's thesis is that desacralization is the result of a shift in the way modern thinkers like Hobbes and Locke reimagined the nature of natural law. The medieval tradition, having found its fullest expression in the work of St. Thomas Aquinas, saw natural law as one of four different types of law: eternal law (the eternal plan of creation in the mind of God), natural law (the rational creature's participation in the eternal law), human law (civil laws that are derived from the natural law), and divine law (the Old and New Testaments). According to Kennedy, the eventual desacralization of politics was set in motion with the development of arguments for natural rights that relied on a natural law that was in [End Page 553] practice severed from eternal law. But in that case, our political institutions—which are founded on the natural law—are purely human constructions and thus entirely secular.The usual story is that the Protestant Reformation constituted the decisive break with the medieval tradition and that it was the political theology of the reformers and their immediate successors that made the secularization of politics nearly inevitable. Kennedy wants to push back against that story. He argues, quite convincingly, that Calvin, Hooker, and Althusius, all Reformed Protestants, were in continuity with their medieval predecessors. Although Calvin is often depicted by his contemporary followers—especially among American Evangelicals—as hostile to the natural law tradition, Kennedy marshals an impressive case that shows that classical natural law seemed almost second nature to Calvin. My own sense is that the confusion over Calvin is the result of his contemporary readers expecting him to use the vocabulary of an Aquinas or a Duns Scotus. But not finding that vocabulary, they conclude that he rejected the natural law. Kennedy dispels that confusion by showing that Calvin in fact was fully committed to the four types of law absent the technical jargon of medieval scholasticism.Hooker and Althusius, writes Kennedy, continue in that tradition, though with a bit of a twist that some argue portends to Hobbes and Locke. Hooker and Althusius use the language of contract to account for the origin of certain aspects of political life. But Kennedy insists that it is a mistake to interpret them as proto-contractarians (as one finds in Hobbes and Locke), for they still held that the natural law participates in the eternal law, and that any agreements employed in the service of political life are under the authority of, and guided by, the natural law. One could argue, then, that these "contracts," like constitutions and treaties, are nonstatutory manifestations of the human law, which is perfectly consistent with classical natural law. So like Calvin before them, Hooker and Althusius were, as Kennedy puts it, theistic political naturalists.Hobbes and Locke are a different story. According to Kennedy, they both defended desacralized views of politics, with Hobbes being the more extreme of the two. Although I think he is correct in that assessment, I am not sure he locates the cause of the desacralization in the right place. For example, he says that because for Locke politics is artificial and not natural—that is, it is the result of a social contract to insulate members of society from the instability of a state of nature—politics is desacralized, even though God is the ultimate source of the natural law. But it is not clear how that in and of itself desacralizes politics. After all, Aquinas, the paradigm case of a classical natural lawyer, held... (shrink)

_The Laws_, Plato's longest dialogue, has for centuries been recognized as the most comprehensive exposition of the _practical_ consequences of his philosophy, a necessary corrective to the more visionary and utopian _Republic_. In this animated encounter between a foreign philosopher and a powerful statesman, not only do we see reflected, in Plato's own thought, eternal questions of the relation between political theory and practice, but we also witness the working out of a detailed plan for a new political order that (...) embodies the results of Plato's mature reflection on the family, the status of women, property rights, criminal law, and the role of religion and the fine arts in a healthy republic. "Because it succeeds in being both literal and comprehensive, it is by far superior to any translation available. By reproducing dramatic detail often omitted, such as oaths, hesitations, repetitions, and forms of address, Pangle allows the reader to follow the dialogue's interplay between argument and dramatic context.... Pangle's translation captures the excitement and the drama of Plato's text."—Mary P. Nichols, _Ancient Philosophy_ "Pangle's achievement is remarkable.... The accompanying interpretive essay is an excellent distillation of a dialogue three times its size. The commentary is thoughtful, even profound; and it amply demonstrates the importance of reading Plato carefully and from a translation that is true to his language."—Patrick Coby, _American Political Science Review_. (shrink)

A collection that focuses on the role of European law in colonial contexts and engages with recent treatments of this theme in known works written largely from within the framework of postcolonial studies, which implicitly discuss colonial deployments of European law and politics via the concept of ideology.

This article is aimed at representing the approaches of legal theory to the interaction between law and politics and to depict the main national features of the relationship between law and politics. The analysis is based on the adoption of methodology of fundamental work of Mauro Zamboni “Law and Politics”. The adoption of methodology was used only partially, while seeking to identify and clarify the features of static, dynamic and epistemological aspects of the relationship of law and (...) politics in Lithuania. Researchers have faced the problem of a diverse approach to the definitions of law and politics, and it has been resolved by focusing only to the researches representing the standpoint of legal theories. The analysis has led to the findings that there are reasonable grounds to assume that legal content (referring to the “static” aspect of law and politics) in Lithuania is flexible to outgoing politics. This implication is based on 1) the noticeable disproportion of legal regulation in different areas of social life, 2) law-making priority areas determined mostly by the choice of political actors will and 3) through changed execution of legal norms, prefering the forms which could be more cost effective (alternative dispute resolutions) and more suitable for changing social environment. What concerns the “dynamic” aspect of the relation between law and politics, it is implicated that there are backings for both open and closed law making, but at the same time more open legislative features are observed than the closed ones. This tendency is identified in the legislative process, where the help out of non-legal world is applied (using sociology) and the persistence of politicians to access and use the institutes of citizens’ legislative initiative (iniciatives for referendums or other legislative initiatives, the right to petition, etc.) is obvious. The reflection of „epistemological“ aspect of the relationship between law and politics in Lithuanian legal discipline reflects the general trend of international scientific community of law. It is considered to step back from the autonomous legal discipline concepts and in this way the appropriate conditions for incorporation of different categories from other scientific fields are created. On the other hand, a reserved cautious attitude of both researchers and research institutions on the conjunction of law and political science is observed. The interaction between law and economics and business or public relations is still prioritized. (shrink)

Cosmopolitans argue that the account of human rights and distributive justice in John Rawls's The Law of Peoples is incompatible with his argument for liberal justice. Rawls should extend his account of liberal basic liberties and the guarantees of distributive justice to apply to the world at large. This essay defends Rawls's grounding of political justice in social cooperation. The Law of Peoples is drawn up to provide principles of foreign policy for liberal peoples. Human rights are among the necessary (...) conditions for social cooperation, and so long as a decent people respect human rights, a common good, and the Law of Peoples, it is not the role of liberal peoples to impose upon well-ordered decent peoples liberal liberties they cannot endorse. Moreover, the difference principle is not an allocative or alleviatory principle, but applies to design property and other basic social institutions necessary to economic production, exchange and consumption. It presupposes political cooperation—a legislative body to actively apply it, and a legal system to apply it to. There is no feasible global state or global legal system that could serve these roles. Finally, the difference principle embodies a conception of democratic reciprocity that is only appropriate to cooperation among free and equal citizens who are socially productive and politically autonomous. a Footnotesa I am grateful to K. C. Tan for many helpful discussions and criticisms of this essay. I am also grateful to the other contributors to this volume for their comments, and to Ellen Paul for her many helpful suggestions in preparing the final version of this essay. (shrink)

In what constitutes the only English-language collection of essays ever dedicated to the analysis of Montesquieu's contributions to political science, the contributors review some of the most vexing controversies that have arisen in the interpretation of Montesquieu's thought. By paying careful attention to the historical, political, and philosophical contexts of Montesquieu's ideas, the contributors provide fresh readings of The Spirit of Laws, clarify the goals and ambitions of its author, and point out the pertinence of his thinking to the (...) problems of our world today. (shrink)

What is the relationship between fear, danger, and the law? Cass Sunstein attacks the increasingly influential Precautionary Principle - the idea that regulators should take steps to protect against potential harms, even if causal chains are uncertain and even if we do not know that harms are likely to come to fruition. Focusing on such problems as global warming, terrorism, DDT, and genetic engineering, Professor Sunstein argues that the Precautionary Principle is incoherent. Risks exist on all sides of social situations, (...) and precautionary steps create dangers of their own. Diverse cultures focus on very different risks, often because social influences and peer pressures accentuate some fears and reduce others. Instead of adopting the Precautionary Principle, Professor Sunstein argues for three steps: a narrow Anti-Catastrophe Principle, designed for the most serious risks; close attention to costs and benefits; and an approach called 'libertarian paternalism', designed to respect freedom of choice while also moving people in directions that will make their lives go better. He also shows how free societies can protect liberty amidst fears about terrorism and national security. Laws of Fear represents a major statement from one of the most influential political and legal theorists writing today. (shrink)

The law giveth and the law taketh away. The question ‘Who is law for’ has of late received increased attention in mainstream jurisprudence.1 Whether at a general, conceptual level o...

Hannah Arendt's rich and varied political thought is more influential today than ever before, due in part to the collapse of communism and the need for ideas that move beyond the old ideologies of the Cold War. As Dana Villa shows, however, Arendt's thought is often poorly understood, both because of its complexity and because her fame has made it easy for critics to write about what she is reputed to have said rather than what she actually wrote. Villa sets (...) out to change that here, explaining clearly, carefully, and forcefully Arendt's major contributions to our understanding of politics, modernity, and the nature of political evil in our century.Villa begins by focusing on some of the most controversial aspects of Arendt's political thought. He shows that Arendt's famous idea of the banality of evil--inspired by the trial of Adolf Eichmann--does not, as some have maintained, lessen the guilt of war criminals by suggesting that they are mere cogs in a bureaucratic machine. He examines what she meant when she wrote that terror was the essence of totalitarianism, explaining that she believed Nazi and Soviet terror served above all to reinforce the totalitarian idea that humans are expendable units, subordinate to the all-determining laws of Nature or History. Villa clarifies the personal and philosophical relationship between Arendt and Heidegger, showing how her work drew on his thought while providing a firm repudiation of Heidegger's political idiocy under the Nazis. Less controversially, but as importantly, Villa also engages with Arendt's ideas about the relationship between political thought and political action. He explores her views about the roles of theatricality, philosophical reflection, and public-spiritedness in political life. And he explores what relationship, if any, Arendt saw between totalitarianism and the "great tradition" of Western political thought. Throughout, Villa shows how Arendt's ideas illuminate contemporary debates about the nature of modernity and democracy and how they deepen our understanding of philosophers ranging from Socrates and Plato to Habermas and Leo Strauss.Direct, lucid, and powerfully argued, this is a much-needed analysis of the central ideas of one of the most influential political theorists of the twentieth century. (shrink)

Habermas dialogically recasts the Kantian conception of moral autonomy. In a legal-political context, his dialogical approach has the potential to redress certain troubling features of liberal and communitarian approaches to democratic politics. Liberal approaches attach greater normative weight to negatively construed individual freedoms, which they seek to protect against the interventions of political authority. Communitarian approaches prioritize the positively construed freedoms of communal political participation, viewing legal-political institutions as a means for collective ethical self-realization. Habermas’ discourse theory of law (...) and democracy seeks to overcome this competition between the negative and positive liberties. Doing so entails reconciling private and public autonomy at a fundamental conceptual level. This is his co-originality thesis, which seeks to show that private and public autonomy are internally connected and evenly balanced. I support his aim but argue that he fails to achieve it due to an unsatisfactory account of private autonomy. I suggest an alternative dialogical conception of autonomy as ethically self-determining agency that would enable him to establish his thesis. (shrink)

The law of God: these words conjure an image of Moses breaking the tablets at Mount Sinai, but the history of the alliance between law and divinity is so much longer, and its scope so much broader, than a single Judeo-Christian scene can possibly suggest. In his stunningly ambitious new history, Rémi Brague goes back three thousand years to trace this idea of divine law in the West from prehistoric religions to modern times—giving new depth to today’s discussions about the (...) role of God in worldly affairs. Brague masterfully describes the differing conceptions of divine law in Judaic, Islamic, and Christian traditions and illuminates these ideas with a wide range of philosophical, political, and religious sources. In conclusion, he addresses the recent break in the alliance between law and divinity—when modern societies, far from connecting the two, started to think of law simply as the rule human community gives itself. Exploring what this disconnection means for the contemporary world, Brague—powerfully expanding on the project he began with _The Wisdom of the World_—re-engages readers in a millennia-long intellectual tradition, ultimately arriving at a better comprehension of our own modernity. “Brague’s sense of intellectual adventure is what makes his work genuinely exciting to read. _The Law of God_ offers a challenge that anyone concerned with today’s religious struggles ought to take up.”—Adam Kirsch, _New York__ Sun_ __ “Scholars and students of contemporary world events, to the extent that these may be viewed as a clash of rival fundamentalisms, will have much to gain from Brague’s study. Ideally, in that case, the book seems to be both an obvious primer and launching pad for further scholarship.”—_Times Higher Education Supplement_. (shrink)

“This book isn’t a blueprint for a new conversation. It’s an explanation of why we need one, and an invitation to participate in moving that forward”, says Katie Watson in the introduction to her book Scarlet A: The Ethics, Law and Politics of Ordinary Abortion. She does herself a disservice with this; in many respects her text provides us with just that—a model for what a more productive discussion of how society responds to and organizes around the issue of (...) unwanted pregnancy might look like; a question that has remained contentious across the centuries and for which we may never have an ‘answer.’ It is precisely because perceptions of abortion are so hard to prise apart from our attitudes towards women... (shrink)

Rather than a history of seventeenth-century natural law, then, this chapter offers an outline of several different contextual uses of the language of natural law, as it was used in formulating the intellectual architecture for rival constructions of political and religious authority.

In the past twenty years Joseph Raz has consolidated his reputation as one of the most acute, inventive, and energetic scholars currently at work in analytic moral and political theory. This new collection of essays forms a representative selection of his most significant contributions to a number of important debates, including the extent of political duty and obligation, and the issue of self-determination. He also examines aspects of the common (and ancient) theme of the relations between law and morality. This (...) volume of essays, available in one volume for the first time, will be essential to legal philosophers and political theorists. (shrink)

Emergence of the modern science of international law is usually attributed to Grotius and other somewhat heroic ‘founders of international law.’ This book offers a more worldly explanation why it was developed mostly by German writers ...

Voegelin's magisterial account of medieval political thought opens with a survey of the structure of the period and continues with an analysis of the Germanic invasions, the fall of Rome, and the rise of empire and monastic Christianity. The political implications of Christianity and philosophy in the period are elaborated in chapters devoted to John of Salisbury, Joachim of Flora, Frederick II, Siger de Brabant, Francis of Assisi, Roman law, and climaxing in a remarkable study of Saint Thomas Aquinas's mighty (...) thirteenth-century synthesis. Although _History of Political Ideas_ was begun as a textbook for Macmillan, Voegelin never intended it to be a conventional chronological account. He sought instead an original comprehensive interpretation, founded on primary materials and taking into account the most advanced specialist scholarship—or science as he called it—available to him. Because of this, the book grew well beyond the confines of an easily marketable college survey and until now remained unpublished. In the process of writing it, Voegelin himself outgrew the conceptual frame of a "History of Political Ideas," turning to compose _Order and History_ and the other works of his maturity. _History of Political Ideas_ became the ordered collection of materials from which much of Voegelin's later theoretical elaboration grew, structured in a manner that reveals the conceptual intimations of his later thought. As such, it provides an unparalleled opportunity to observe the working methods and the intellectual evolution of one of our century's leading political thinkers. In its embracing scope, _History of Political Ideas_ contains both analyses of themes Voegelin developed in his later works and discussions of authors and ideas to which he did not return or which he later approached from a different angle and with a different emphasis. _The Middle Ages to Aquinas_ has withstood the test of time. What makes it still highly valuable is its thoroughly revisionist approach, cutting through all the convenient clichés and generalizations and seeking to establish the experiential underpinnings that typified the medieval period. (shrink)

In this essay, I argue for the “inclusive” advantage of John Rawls’s The Law of Peoples through a critical engagement with the political development of modern China. I start by introducing some recent developments in contemporary Chinese political theory, showing why it is now theoretically difficult to imagine that China can be incorporated into a liberal international order as a liberal society. In the main body of the essay, I conduct a comparative study of Joseph Chan’s Confucian perfectionism, a Confucian-inspired (...) political theory embedded in Chinese cultural tradition and constructed for modern China, and the Law of Peoples. The purpose is to reveal that there has already existed a school of Chinese political thought that will incorporate China into the Law of Peoples as a decent Confucian-inspired society and that such a society will accept its global responsibility designated by the duty of assistance yet reject a global difference principle in the global original position. I conclude by suggesting how this potential “inclusiveness” of the Law of Peoples may help to remove some of new disturbance to the ideal of a just and stably peaceful world. (shrink)

What's the proper role of religion in public life? It's a question no contemporary student of politics can ignore. This book takes the reader on a journey through the classic treatment of this query, a journey replete with observations on manners, customs, and legislation ancient and modern.

Originally published in 1971 by Winthrop Publishers, Inc., this volume provides a discussion and analysis of the theory of natural law as it appears in contemporary political and social thought. This theory of natural law was used from the fifth century B.C. until the end of the eighteenth century to provide a universal, rational standard to determine the nature and limits of political obligation, the evaluation of competing forms of government, and the relation of law and politics to morals.

This paper provides an empirical study of Italian ‘boutique law firms’. By building on seventeen semi-structured interviews with lawyers, the paper explores institutional, professional, and societal features of such firms and their lawyers. The article shows that, while the rise of large law firms triggered a partitioning of the Italian legal field in the past decades, more recently this small, but economically important, sector of the profession revived the classic model of delivering legal services characterised by a strong sense of (...) autonomy and independence, a client-centered but ethically robust approach to legal practice, a close relationship with academic and political environments, and a focus on projecting a professional image of themselves and their firms in society. These are, in other words, the last bastion of professionalism and are increasingly gaining an important role in the Italian field. (shrink)

SUMMARYThe history of the law of nations is generally seen as a synonym for the history of the laws of war. Yet, a strictly bilateral perspective can distort our interpretation of early modern diplomacy. The Peace of Utrecht inaugurated an era of relative stability in the European state system, based on balance-of-power politics and anti-hegemonic legal argumentation. Incidental conflicts ought to be interpreted against this background. Declarations of war issued in 1718, 1719 and 1733 during the War of (...) the Quadruple Alliance and the Polish Succession should not be read as doctrinal surrogates for trials between two parties, but as manifestos in a European arena. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Relationship between Theology and Canon Law: Another Context of Political Thought in the Early Fourteenth CenturyTakashi ShogimenPolitical thought and ecclesiology in the early fourteenth century have often been assessed as a series of responses to the question of the relationship between church and state. The conflict between Pope Boniface VIII and Philippe IV at the turn of the thirteenth and fourteenth centuries acutely demonstrated the conflict between the (...) spiritual and temporal powers. The conflict between Pope John XXII and the claimant to the imperial throne, Ludwig of Bavaria, also seems to have formed the historical background against which contemporary intellectuals expounded their political and ecclesiological thought. Two recent excellent textbooks on medieval political thought discussed the early fourteenth century from such a perspective and situated Marsilius of Padua and William of Ockham, along with their papalist adversaries, in this context. 1It is indeed a fair treatment of the period; however, it is not the only legitimate perspective. For instance, an alternative perspective can be developed through an examination of the Poverty Controversy between Pope John XXII and the Franciscans. This dogmatic dispute over the question of whether Christ and the apostles did not own anything individually or communally had a political dimension: it involved discussions on the nature of papal power over the church and resulted in the refinement of the idea of natural rights. 2 The dichotomy [End Page 417] between the papal and imperial camps can also mislead historical interpretation if the fact that each camp was not monolithic is overlooked. Just as Marsilius and Ockham embraced different political views in the alleged imperial camp, so the alleged papal ideologists did not always share the same views. It has even been argued that the doctrines propounded by “papalists” and “anti-papalists” were not irreconcilable but differed only in emphasis. 3 It is easy to see that the problem of Church and State is not the all-embracing concern of the period.What, then, are the possible benchmarks against which we can evaluate the political views of contemporary thinkers? This paper is intended to suggest that there is another context against which political thought and ecclesiology in the early fourteenth century may be assessed: that is, the relationship between theology and canon law. The contemporary polemicists’ view on the role that theology and canon law should play in an ecclesiastical dispute such as the Poverty Controversy largely determined their political or ecclesiological perspectives. To show this, I should like to compare, in the context of the poverty dispute, the ecclesiological views of two theologians in the so-called “papalist” and “anti-papalist” camps respectively: Guido Terreni and John Baconthorpe on the one hand, and William of Ockham and Michael of Cesena on the other. The comparison between Terreni and Baconthorpe will elucidate clearly that their contrasting attitude toward the role of canon law in contemporary ecclesiastical disputes determined the paradigms of their ecclesiologies, resulting in two entirely different ecclesiologies, save the fact that they were both aimed at defending the position of Pope John XXII on Franciscan poverty. The comparison between Ockham and Michael of Cesena will reveal how their contrasting views on the nature of the Poverty Controversy—theological or canonistic—determined not only the pattern of their defense of the Franciscan doctrine of poverty but also the development of their polemics.The relationship between theology and canon law had been a perennial problem ever since the latter had grown into an independent discipline. Scholastic theologians in the thirteenth century were critical of canon law studies. Bonaventure, for example, affirmed theology’s superiority over canon law: he wrote that theology questioned propter quid, whereas canon law enquired into [End Page 418] quia. Bonaventure, following Aristotle, asserted that there are higher and lower sciences, and what for the higher science, theology, is the conclusion of its enquiry is for the lower science, canon law, its starting point. 4 Thomas Aquinas considered that the intrusion of the decretalists into theological matters was disagreeable and ridiculous, 5 as did Roger Bacon. 6 These theologians’ comments testify to the antagonism between theologians and canonists in the thirteenth century. Lawyers, too, were fully aware of this situation, as seen... (shrink)

Publication date: 22 December 2020 Source: International Letters of Social and Humanistic Sciences Vol. 89 Author: Dhikru Adewale Yagboyaju, Antonia Taiye Simbine Party system and the administration of political parties are critical factors in determining the direction of politics and democracy. Three political parties contested at the inception of Nigeria’s Fourth Republic in 1999, but the number increased to more than 91 as at 2019. This paper raises fundamental questions as to whose interest – public or private interest of (...) promoters and financiers - these parties serve, and whether the increase in the number of political parties has significantly entrenched democratic values in the country? These questions are compelling because of several events in political party operations in the 20 years of the Fourth Republic. These include controversial and vexatious party primaries preceding every major election, often leading to protracted and distractive litigations and rampant political defections. Unregulated use of money has, in particular, restrained ample participation by women and youths, while violence is almost becoming a norm and permanent characteristic of the electoral and political system. The paper draws data from secondary documentary sources for its conceptual and theoretical contents. Primary data are generated from events analyses by the authors as observers at party conventions and other meetings for the selection of candidates for political offices as well as during general elections. This is complimented by content analyses of relevant documents including electoral laws, court and law reports, and reports by special committees such as the Electoral Reform Committee. A combination of the ecological approach and conspiratorial theory is deployed for the paper’s analytic frame. (shrink)