The democratic principle in its extreme form is the assertation that the mere fact of free birth is alone sufficient to constitute a claim to all offices. It is never the claim of a majority to rule, but it is the demand that every one, whether rich or poor, high- or low-born, shall be equally represented in the constitution. This is what Aristotle calls the principle of numerical equality.-from "Chapter VI: Democracy"One of the most renowned classical scholars of the turn (...) of the 20th century here offers a lucid and highly readable overview of a difficult and little understood aspect of Greek history: its public law, not just how it was structured but how it behaved in action. This 1896 book-perfect for university students, amateur historians, and readers of the history of the law-covers the full range of Greek legal development, from the origin of the city-state and the beginnings of the Greek monarchy to the social and political institutions of the far-flung Greek civilization to the rise of federalism and its long-term historical impact on the cultures that came after.British classical scholar A.H.J. GREENIDGE was a lecturer in ancient history at Brasenose College, Oxford. He is also the author of Roman Public and Private Law (1894), Legal Procedure in Cicero's Time (1901), and Roman Public Life (1901), among many other works of ancient history. (shrink)

Merovingian sources from the sixth to the eighth centuries mention royal officials called comites and grafiones, who exercise important administrative, judicial, and military functions within the Frankish kingdom. Though scholarship may have sometimes exaggerated the pivotal role within the Frankish constitution of these counts — to use a comprehensive term for the comes and grafio — and is presently debating the nature of comital authority, the office of count in the administration of the Merovingian kings, and in the constitutional (...) framework of the Carolingian empire and its successor states, remains fundamental to our understanding of the course of medieval constitutional history. (shrink)

Russell Hardin’s theory of constitutions as conventions implies several conclusions that are striking, deep, important, counterintuitive, and very hard to deny. Nevertheless, they have had little influence on the field of political theory. This chapter seeks to explain that through two theses. The theory embarrasses the prevailing schools of political thought not just by denying their doctrines but by suggesting the irrelevance of many of their favorite questions. The theory seems, as Hardin presents it, more pessimistic and quietist than it (...) needs to be. This chapter suggests that the theory contains within it under-stressed resources that make room for constant institutional progress and political reform. (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 paper focuses on the possibilities to constitute meaning in the?borderline- situations? of the social sphere, such as the loss of validity of orientation within and experience of reality in the socially shared structures of the lifeworld. On the one hand, I will refer to A. Schutz? and his constitution-analysis of foreign understanding and of shared meaning; on the other hand, I bear onto I. Kert?sz literary project to narrate the biography of an Auschwitz-survivor as close to his experiential perspective (...) as possible. I will focus both on the concept of constitution and of interpretation with respect to their enabling of the transcending of a typologized everyday?s world which suppresses subjective meaning and its individual articulation. The main guideline is the problem how identity? i.e. a life-story? is configured out of subjective meaning without recourse to everyday reality. A. Schutz?s and Th. Luckmann?s note on a range of social transcendences and on biographical categories referring to the constitution of a socially shared meaning offer a theoretical perspective for dealing with constitutive differences within the reach of understanding social meaning; Kert?sz? narrative mode expandes this theoretical stance as it problematizes exemplary subjective experience. nema. (shrink)

This book examines the conceptual contributions of constituent representatives in Spain during the nineteenth and twentieth centuries. The Spanish Parliament has been the stage for the political modernisation of the country. Constitutional debates have historically led to the gradual acknowledgement and broadening – usually unevenly – of citizens’ rights. At the same time, constitutional debates have created opportunities to design institutions and settle legal mechanisms to enforce rights and distribute state resources. The book identifies and analyses rhetorical and (...) conceptual innovations produced in such debates from a historical perspective. (shrink)

This second volume of ReConFort, published open access, addresses the decisive role of constitutional normativity, and focuses on discourses concerning the legal role of constitutional norms. Taken together with ReConFort I (National Sovereignty), it calls for an innovative reassessment of constitutional history drawing on key categories to convey the legal nature of the constitution itself (national sovereignty, precedence, justiciability of power, judiciary as constituted power). In the late 18th and early 19th centuries, constitutional normativity began to (...) complete the legal fixation of the entire political order. This juridification in one constitutional text resulted in a conceptual differentiation from ordinary law, which extends to alterability and justiciability. The early expressions of this 'new order of the ages' suggest an unprecedented and irremediable break with European legal tradition, be it with British colonial governance or the French ancien régime. In fact, while the shift to constitutions as a hierarchically 'higher' form of positive law was a revolutionary change, it also drew upon old liberties. The American constitutional discourse, which was itself heavily influenced by British common law, in turn served as an inspiration for a variety of constitutional experiments - from the French Revolution to Napoleon's downfall, in the halls of the Frankfurt Assembly, on the road to a unified Italy, and in the later theoretical discourse of twentieth-century Austria. If the constitution states the legal rules for the law-making process, then its Kelsian primacy is mandatory. Also included in this volume are the French originals and English translations of two vital documents. The first - Emmanuel Joseph Sieyès' Du Jury Constitutionnaire (1795) - highlights an early attempt to reconcile the democratic values of the French Revolution with the pragmatic need to legally protect the Revolution. The second - the 1812 draft of the Constitution of the Kingdom of Poland - presents the 'constitutional propaganda' of the Russian Tsar Alexander I to bargain for the support of the Lithuanian and Polish nobility. These documents open new avenues of research into Europe's constitutional history: one replete with diverse contexts and national experiences, but above all an overarching motif of constitutional decisiveness that served to complete the juridification of sovereignty. (www.reconfort.eu). (shrink)

The structures of history -- Early history -- The epic of history -- The homer galaxy -- The logos of history -- Memory and history -- The genealogy of history.

1891. The recovered manuscript of Aristotle's Constitutional History of Athens, now for the first time given to the world from the unique text in the British...

I show one reason why Hegel’s theory of history is an improvement over Kant’s. There is an ambiguity in Kant’s theory of history. He wants, on the one hand, to distinguish empirical history (and, by extension, other empirical sciences which constitute experience) from reason’s a priori regulative role in theory. On the other hand, his view of the nature of sciences and the role of reason precludes such a separation. I trace this problem to different roles assigned the faculties of (...) understanding and reason in our experience. In Hegel’s theory of history, both reason and understanding together constitute the sciences, and thus experience. Hegel argues that history is a unified field employing both understanding and reason. I conclude that the more consistent theory of history for idealists is Hegel’s, and that this consistency partially explains the movement in German Idealism from Kantian to Hegelian thought. (shrink)

: This essay explores some themes in use of a relativized Kantian a priori in the work of Thomas Kuhn and Michael Friedman. It teases out some shared and some divergent beliefs and attitudes in these two philosophers by comparing their characteristic questions and problems to the questions and problems that seem most appropriately to attend to an adequate understanding of games and their histories. It argues for a way forward within a relativized Kantian framework that is suggested but not (...) argued for in Friedman (2001): philosophers of science should move from a concern with unreason as meaninglessness to a concern with unreason as argumentative coercion. It ends with a few suggestions regarding a place for philosophy in the history of reason. (shrink)

Probably written by a student of Aristotle, The Athenian Constitution is both a history and an analysis of Athens' political machinery between the seventh and fourth centuries BC, which stands as a model of democracy at a time when city-states lived under differing kinds of government. The writer recounts the major reforms of Solon, the rule of the tyrant Pisistratus and his sons, the emergence of the democracy in which power was shared by all free male citizens, and the leadership (...) of Pericles and the demagogues who followed him. He goes on to examine the city's administration in his own time - the council, the officials and the judicial system. For its information on Athens' development and how the democracy worked, The Athenian Constitution is an invaluable source of knowledge about the Athenian city-state. For more than seventy years, Penguin has been the leading publisher of classic literature in the English-speaking world. With more than 1,700 titles, Penguin Classics represents a global bookshelf of the best works throughout history and across genres and disciplines. Readers trust the series to provide authoritative texts enhanced by introductions and notes by distinguished scholars and contemporary authors, as well as up-to-date translations by award-winning translators. (shrink)

The philosophical and natural law basis of the American order: remote and immediate ancestors -- The declaration and its constitution: linking first principle to necessary means -- A structurally-divided, but workable, government -- A limited government of enumerated power -- A government mindful of dual sovereignty -- A fair government -- A government commitment to freedom -- A government commitment to equality -- A government of imperfect knowledge of inkblots, liberty and life itself.

Wharton's Treatise on the Conflict of Laws (1872) established his reputation in the field of international law. In 1884 he produced his Commentaries on Law, a work encompassing both international and constitutional law. His purpose in publishing this was, as he states simply in the Preface, "to give an exposition of what may be called public law. In the first three chapter are considered successively the nature, the source, and the history of law; and it is maintained that law, (...) as a rule of action, is the product of the conscience and need of the nation by which it is adopted.". (shrink)

The aim of the present volume is to discuss the notion of constitution from the perspectives of history of political thought. Its scholarly intention is to go beyond the approach concentrating on the formal understanding of constitution and bring forward more complex historical and philosophic-political interpretations. Our point of departure was the need to revive the somehow neglected distinction between the idea of constitution as an act of conscious law-giving activity and the notion of constitution conceived as the set of (...) fundamental political rules derived from the very nature of political regime and its historical development. (shrink)

Few terms in political theory are as overused, and yet as under-theorized, as constitutional revolution. In this book, Gary Jacobsohn and Yaniv Roznai argue that the most widely accepted accounts of constitutional transformation, such as those found in the work of Hans Kelsen, Hannah Arendt, and Bruce Ackerman, fail adequately to explain radical change. For example, a "constitutional moment" may or may not accompany the onset of a constitutional revolution. The consolidation of revolutionary aspirations may take (...) place over an extended period. The "moment" may have been under way for decades-or there may be no such moment at all. On the other hand, seemingly radical breaks in a constitutional regime actually may bring very little change in constitutional practice and identity. Constructing a clarifying lens for comprehending the many ways in which constitutional revolutions occur, the authors seek to capture the essence of what happens when constitutional paradigms change. (shrink)

Since constitutional arrangements are what make politics work, they are a central concern of political theory._This book, now completely updated, is the first comprehensive exploration of the political theory of constitutions. Jan-Erik Lane begins by examining the origins and history of constitutionalism and answers key questions such as: What is a constitution? Why are there constitutions? From where does constitutionalism originate? How is the constitutional state related to democracy and justice? Constitutions play a major role in domestic and (...) international politics in the early 21st century and an updated version of this classic textbook will introduce students to a number of different areas -- theoretical, empirical, and moral -- which will aid their understanding of this important topic. (shrink)

This article examines the historically contentious relationship between the financial market and the public as discussed in academic literature, financial journalism and prescriptive how-to invest handbooks during the late 19th and early 20th centuries. Although financial markets thrive off active public participation, speculating at stock and commodity exchanges has been a sanctioned ritual reserved for a privileged minority. We argue that the financial establishment’s intent to control market access through financial entry-barriers (such as exchange membership fees and margin requirements) has (...) been part of a bigger story we need to understand: a history of delegitimating uninitiated ‘lay speculators’ through the construction of exclusionary narratives about unfit amateur investors and morally corrupt publics. We conceptualize this process as an ongoing and delicate boundary-making exercise contributing to a market participation discourse that has been characterized by a set of reductive binaries, such as those of insider–outsider, professional–amateur and speculator–gambler. We show, however, that attempts to delineate popular participation in financial markets through these binaries have been complicated by the idea that besides being a force of market instability and collective irrationality, the public was a largely untapped source of liquidity. We argue that today’s discourse on public participation in financial markets resuscitates these simplified narratives and propose a more nuanced view of non-professional market participants being both destabilizers and liquidity-providers. (shrink)

Legal studies and consequently legal history focus on constitutional documents, believing in a nominalist autonomy of constitutional semantics.Reconsidering Constitutional Formation in the late 18th and 19th century, kept historic constitutions from being simply log-books for political experts through a functional approach to the interdependencies between constitution and public discourse. Sovereignty had to be 'believed' by the subjects and the political élites. Such a communicative orientation of constitutional processesbecame palpable in the 'religious' affinities of the constitutional (...) preambles. They were held as 'creeds' of a new order, not only due to their occasional recourse to divine authority, but rather due to the claim for eternal validity contexts of constitutional guarantees. The communication dependency of constitutions was of less concern in terms of the preamble than the constituents' big worries about government organisation. Their indecisiveness between monarchical and popular sovereignty was established through the discrediting of the Republic in the Jacobean reign of terror and the 'renaissance' of the monarchy in the military resistance against the French revolutionary and later Napoleonic campaigns. The constitutional formation as a legal act of constituting could therefore defend the monarchy from the threat of the people (Albertine Statute 1848), could be a legal decision of a national constituent assembly (Belgian Constitution 1831), could borrow from the old liberties (Polish May Constitution 1791) or try to remain in between by referring to the Nation as sovereign (French September Constitution 1791, Cádiz Constitution 1812). Common to all contexts is the use of national sovereignty as a legal starting point. The consequent differentiation between constituent and constituted power manages to justify the self-commitment of political power in legal terms. National sovereignty is the synonym for the juridification of sovereignty by means of the constitution. The novelty of the constitutions of the late 18th and 19th century is the normativity, the positivity of the constitutional law as one unified law, to be the measure for the legality of all other law. Therefore ReConFort will continue with the precedence of constitution. (www.reconfort.eu). (shrink)

This paper investigates the question of which place in the history of political ideas may be assigned to the Constitutional Debate in Herodotus’ _Histories_, 3.80-82. It is shown that the Herodotean debate represents the earliest extant example of a social theory, in which a variety of distinctly social ordering principles are weighed against each other with normative arguments and in isolation from all sorts of divine authorisations. The article divides into three parts. The first part gives an account of (...) the theoretical predecessors to the classical social theory first evidenced in the Constitutional Debate. The second part consists of an exposition of the socio-intellectual progressions clustered in the Herodotean debate, focussing on developments in constitutional thinking and argumentative evolvement. The third part consists of a close reading of the argumentative and politico-social content of the Constitutional Debate. (shrink)

In his book on Liberalism against Populism , William Riker argued that Lincoln's success in the 1860 election was the culmination of a long progression of strategic attempts by the Whig coalition of commercial interests to defeat the `Jeffersonian-Jacksonian' Democratic coalition of agrarian populism. Riker adduced Lincoln's success to his `heresthetic' maneuver to force his competitor, Douglas, in the 1858 Illinois Senate race, to appear anti-slavery, thus splitting the Democratic Party in 1860. Riker also suggested that electoral preferences in 1860 (...) exhibited an underlying `chaotic' preference cycle. However, these accounts do not explain why the slavery question became paramount in 1858-60. I suggest here that US politics, from 1800 to 1858, can be interpreted in terms of a single land-capital axis that sustained the pre-eminence of an agrarian coalition, first created by Jefferson, of both slave interests and free labor. Lincoln's strategy in 1858-60 was to persuade free labor in the northern and western states that they were threatened by the consequences of the Dred Scott decision by the Supreme Court in 1857. Lincoln argued that although the decision applied to the territories, it was indicative of the intention of the South to extend slavery to the free states. Lincoln's speeches in 1858-60 made this threat credible to the North, and initiated a belief cascade among the electorate. For southern voters, the North consequently appeared to be a `tyrannical' majority, whose creation violated the constitutional logic of Union, and legitimated secession. I argue that this second `civil rights dimension, created in the election of 1860, is necessary for understanding critical elections that have occurred at irregular intervals in US political history. Key Words: constitutional transformation • belief cascade • contingency. (shrink)

Hegel and the Representative Constitution presents the first comprehensive historical discussion of the institutional dimension of G.W.F. Hegel's political thought. Elias Buchetmann traces this much-neglected aspect in unprecedented contextual detail and makes the case for reading the Philosophy of Right from 1820 as a contribution to the lively and widespread public debate on the constitutional question in contemporary Central Europe. Drawing on a broad range of primary source material, this volume illuminates the wider political discourse in post-Napoleonic Germany, carefully (...) locates Hegel's institutional commitments within their immediate cultural and political context, and reveals him as something closer to a public intellectual. By exploring this indispensable thinker's demand for the constitutional protection of popular participation in government, it contributes beyond Hegel scholarship to shed new light on the history of democratic theory in early nineteenth-century Europe and encourages critical reflection on questions of representation today. (shrink)

The first section takes up some main details of American constitutional history. At the end of that section and in section two, we concentrate on one constitutional doctrine in particular, judicial review. We argue that this doctrine rests, traditionally, on the foundational idea of a permanent tension between democratic institutions and basic rights. In section three, we deal with the problem just raised, by suggesting an alternative view of the relationship that exists between these fundamental constitutional elements. (...) Here we attempt to show that there is an essential principled harmony between basic constitutional rights and democratic majority rule. And we try to locate judicial review within this alternative conception. Then in section four and in the conclusion we discuss the institutional arrangements for the practice of judicial review in the light of this alternative conception. (shrink)

What goes round at the end of history for the two Germans.

Article 14 Chapter I ‘The State of Lithuania’ of the Constitution of the Republic of Lithuania of 1992 reads as follows: ‘Lithuanian shall be the State language’. This principle is not new in the Lithuanian history of constitutionalization, as Lithuanian was the official language of the State in the interwar period but lost this status during the Soviet occupation. After 1988, when many political, economic and social changes crucial for further development of the State took place in Lithuania, linguistic issues (...) re-emerged. It was recognized back then that language played a vital role in the life of the State and the society, and the Lithuanian language was given back its status of the official language by the Constitution. The principle that Lithuanian is the official language of the State, enshrined in Article 14 of the Constitution of the Republic of Lithuania, was further elaborated by the Constitutional Court of the Republic of Lithuania in its rulings and judgments. According to its official constitutional doctrine, the Lithuanian language should be treated as a very specific constitutional value, as it forms the basis of the ethnic and cultural identity of the Lithuanian nation and is the guarantor of the national identity and survival. The status of Lithuanian as the official language means that the Lithuanian language must be used in all spheres of public life. The Court also holds that having this principle enshrined in Chapter I ‘The State of Lithuania’ of the Constitution implies that the Lithuanian language enjoys particular protection since the provisions of this Chapter may be amended only by a referendum. (shrink)

During a series of protests in Hong Kong about a leadership transition widely perceived to give Mainland China greater political influence, the Hong Kong Museum of History held a Special Exhibition of the Terracotta Warriors of Xian, China. Sponsored by "The Leisure and Cultural Service Department, " the exhibit featured the first emperor of the Qin Dynasty who ushered in "an epoch-making era in Chinese history that witnessed the unification of China" (Museum Exhibition). This essay explores the multi-media aspects of (...) the exhibit, arguing that encounters with dramatic music and fully immersive digital experiences are examples of an embodied, affective form of constitutive rhetoric. Put differently, the museum's multi-media elements demonstrate how Maurice Charland's theory of a constitutive rhetoric can be informed by recent work on affect and can provide one point from which to engage affect theory and the "affective dimension of politics.". (shrink)