Roman Political Thought from the Fall of the Republic to the Age of Revolution

Author: Benjamin Straumann

Publisher: Oxford University Press

ISBN: 0190614005

Category: Political Science

Page: N.A

View: 4165

Crisis and Constitutionalism argues that the late Roman Republic saw, for the first time in the history of political thought, the development of a normative concept of constitution--the concept of a set of constitutional norms designed to guarantee and achieve certain interests of the individual. Benjamin Straumann first explores how a Roman concept of constitution emerged out of the crisis and fall of the Roman Republic. The increasing use of emergency measures and extraordinary powers in the late Republic provoked Cicero and some of his contemporaries to turn a hitherto implicit, inchoate constitutionalism into explicit constitutional argument and theory. The crisis of the Republic thus brought about a powerful constitutionalism and convinced Cicero to articulate the norms and rights that would provide its substance; this typically Roman constitutional theory is described in the second part of the study. Straumann then discusses the reception of Roman constitutional thought up to the late eighteenth century and the American Founding, which gave rise to a new, constitutional republicanism. This tradition was characterized by a keen interest in the Roman Republic's decline and fall, and an insistence on the limits of virtue. The crisis of the Republic was interpreted as a constitutional crisis, and the only remedy to escape the Republic's fate--military despotism--was thought to lie, not in republican virtue, but in Roman constitutionalism. By tracing Roman constitutional thought from antiquity to the modern era, this unique study makes a substantial contribution to our understanding of Roman political thought and its reception.
Read More

Author: Nicole Scicluna

Publisher: Routledge

ISBN: 1317624432

Category: Political Science

Page: 168

View: 3080

Several years after the first Greek bailout, the integration project of the European Union faces an interlocking set of political, economic, legal and social challenges that go to the very core of its existence. Austerity is the order of the day, and citizens in both debtor and creditor states increasingly turn to the political movements of the far left and right, anti-politics and street protests to vent their frustration. This book demonstrates the limits of constitutionalism in the EU. It explores the ‘twin crises’ - the failure of the Constitutional Treaty in 2005 and the more recent Eurozone crisis - to illuminate both the possibilities and pitfalls of the integration project. It argues that European integration overburdened law in an attempt to overcome deep-seated political deficiencies. It further contends that the EU shifted from an unsuccessful attempt at democratisation via politicisation (the Constitutional Treaty), to an unintended politicisation without democratisation (the Eurozone crisis) only a few years later. The book makes the case that this course is unsustainable and threatens the goal of European unity. This text will be of key interest to students and scholars in the fields of EU studies, EU law, democracy studies, constitutional studies and international relations.
Read More

Constitutionalism and Crisis Government

Author: Stanley Kyriakides

Publisher: Philadelphia : University of Pennsylvania Press


Category: Constitutional history

Page: 212

View: 3336

Read More

Author: Stephen Gill,A. Claire Cutler

Publisher: Cambridge University Press

ISBN: 1107053692

Category: Law

Page: 388

View: 5962

This path-breaking collection analyses the dialectic between legal and constitutional innovations intended to inscribe corporate power and market disciplines in world order, and the potential for challenges and alternative frameworks of governance to emerge. It provides a comprehensive approach to neo-liberal constitutionalism and regulation and limits to policy autonomy of states, and how this disciplines populations according to the intensifying demands of corporations and market forces in global market civilization. Contributors examine global and local public policy challenges and consider if the ongoing crises of capitalism and world order offer states and societies opportunities to challenge this loss of policy autonomy and potentially to refashion world order. Integrating approaches to governance and world order from both leading and emerging scholars, this is an innovative, indispensable source for policy-makers, civil society organizations, professionals and students in law, politics, economics, sociology, philosophy and international relations.
Read More

Transitions in the Contemporary World

Author: Douglas Greenberg,Stanley N. Katz,Steven C. Wheatley,Melanie Beth Oliviero

Publisher: Oxford University Press

ISBN: 9780195361254

Category: Law

Page: 416

View: 3985

The political changes which have occurred in the last three years have been phenomenal--the dissolving of the former Soviet Union, the impending union of Western Europe, and the evolution of democracy in Eastern Europe. What changes have occurred in the legal structure of these countries? How have their constitutions been affected by these developments? Stanley Katz, Douglas Greenberg, and other scholars and politicians from numerous countries discuss in this work the experiences of constitutionalism. Previously, little work has been done in this field, but now Constitutionalism and Democracy represents the range and depth for serious constitutional analysis. Discussing concrete issues such as human rights, nationalism, and pluralism, this volume will be essential in understanding the phenomenon of constitutionalism in various parts of the world.
Read More

Authoritarian Managerialism versus Democratic Governance

Author: Christian Joerges,Carola Glinski

Publisher: Bloomsbury Publishing

ISBN: 1782254900

Category: Law

Page: 328

View: 5465

The debate on law, governance and constitutionalism beyond the state is confronted with new challenges. In the EU, confidence in democratic transnational governance has been shaken by the authoritarian and unsocial practices of crisis management. The ambition of this book, which builds upon many years of close co-operation between its contributors, is to promote a viable interdisciplinary alternative to these developments. "Conflicts-law constitutionalism�? is a concept of transnational governance which derives democratic legitimacy from the supranational control of the external impact of national decision-making, on the one hand, and the co-operative responses to problem interdependencies on the other. The first section of the book contrasts Europe's new modes of economic governance and crisis management with the conditionality of international investments, and reflects upon the communalities and differences between emergency Europe and global exceptionalism. Subsequent sections substantiate the problématique of executive and technocratic rule, explore conflict constellations of prime importance in the fields of environmental and labour law, and discuss the impact and limits of liberalisation strategies. Throughout the book, European and transnational developments are compared and evaluated.
Read More

A Shared European Heritage

Author: Martin van Gelderen

Publisher: Cambridge University Press

ISBN: 9780521672351

Category: History

Page: 434

View: 2453

These volumes are the fruits of a major European Science Foundation project and offer the first comprehensive study of republicanism as a shared European heritage. Whilst previous research has mainly focused on Atlantic traditions of republicanism, Professors Skinner and van Gelderen have assembled an internationally distinguished set of contributors whose studies highlight the richness and diversity of European traditions. Volume I focuses on the importance of anti-monarchism in Europe and analyses the relationship between citizenship and civic humanism, concluding with studies of the relationship between constitutionalism and republicanism in the period between 1500 and 1800. Volume II, first published in 2002, is devoted to the study of key republican values such as liberty, virtue, politeness and toleration. This volume also addresses the role of women in European republican traditions, and contains a number of in-depth studies of the relationship between republicanism and the rise of a commercial society in early modern Europe.
Read More

Author: Francis Mading Deng,Daniel J. Deng,David K. Deng,Vanessa Jiménez

Publisher: US Institute of Peace Press

ISBN: 1601270348

Category: History

Page: 271

View: 6862

In this innovative and stimulating volume, Francis Deng outlines a new relationship between governments and societies--a relationship informed by Western concepts but based on traditional African values such as respect for human dignity, equality, and self-rule.
Read More

A Comparative Approach

Author: Daniel P. Franklin,Michael J. Baun

Publisher: M.E. Sharpe

ISBN: 9781563244162

Category: Political Science

Page: 246

View: 3209

This work is a cross-national examination of the relationship between political culture and constitutionalism. The countries studied include Nigeria, Turkey and Japan. Questions explored include whether constitutions must evolve and whether constitutionalism is only a western concept.
Read More

römisches Recht und römische Ethik im frühneuzeitlichen Naturrecht

Author: Benjamin Straumann

Publisher: N.A

ISBN: 9783832926922

Category: Natural law

Page: 221

View: 7815

Read More

Crisis and Reflection

Author: E. Robert Statham

Publisher: Lexington Books

ISBN: 9780739102947

Category: Philosophy

Page: 225

View: 2144

The crisis of western civilization is a crisis of public philosophy. This is the charge of Public Philosophy and Political Science, a stunning new collection of essays edited by E. Robert Statham Jr. Vividly cataloging the decay of the moral and intellectual foundations of civic liberty, the book portrays a generation of Americans alienated from institutions built on public philosophy. The work exposes the failure of America's political scientists to acknowledge and understand this alarming crisis in the American body politic. The distinguished contributors examine the evolution of public philosophy; the inextricable relationship between politics and philosophy; and the interplay between public philosophy, the constitution, natural law, and government. They reveal the dire threat to deliberative democracy and the fundamental order of constitutional society posed by public philosophy's waning power to refine, cultivate, and civilize. The work is an indictment of a society which has discarded a way of life rooted in natural law, democracy and the traditions of civility; and is a denunciation of an educated elite that has divorced itself from the standards upon which public philosophy rests. It is essential reading for philosophers and political and social scientists seeking to resurrect the standards of American public life.
Read More

Author: Bamidele A. Ojo

Publisher: Nova Publishers

ISBN: 9781560729495

Category: Political Science

Page: 241

View: 2884

The past few years have been very traumatic ones for many Nigerians. With the exception of those in power or close to the seat of power, the changes of 1998 were a welcome relief given the tyranny and repression that the country had suffered under General Abacha. With many people in prison and more in exile, the death of Abacha was received with a sigh of relief. Many observers have seen the resilience that has come to signify the strength and potential of this once 'giant of Africa', as well as the destruction and the socio-political and economic decay of the past decades. The Nigerian people have endured the exploitation of their rights due to the lack of democratic leadership, and with this in mind, they have been called to attention to fight for their country.
Read More

Author: Wojciech Sadurski

Publisher: Oxford University Press

ISBN: 0199696780

Category: Law

Page: 234

View: 8587

Written at the intersection of law and political science, this book adopts a new and original perspective on the legal implications of the Eastward enlargement of the Council of Europe and the European Union. Case studies offer a novel examination of the development of legal norms and institutions within these supranational bodies.
Read More

The Theory & Practice of Weimar Constitutionalism

Author: Peter C. Caldwell

Publisher: Duke University Press

ISBN: 9780822319887

Category: Law

Page: 300

View: 8024

A path-breaking critical analysis of the meaning and interpretation of the German constitution in the Weimar years (1919-1933).
Read More

Collected Stories of the Civil War, 1861–1876

Author: Kathleen Diffley,Kathleen Elizabeth Diffley

Publisher: Duke University Press

ISBN: 9780822334392

Category: Fiction

Page: 448

View: 8864

The editor collects thirty-one stories from popular magazines depicting the horrors found on the battlefields and in the field hospitals of America's bloodiest war, including works by Louisa May Alcott, Mark Twain, and Henry King.
Read More

Reflections on the Struggle for Democracy in Africa

Author: Issa G. Shivji,Godwin Murunga

Publisher: Fahamu/Pambazuka

ISBN: 190638746X

Category: Business & Economics

Page: 246

View: 738

Neoliberal policies promised to correct multiple distortions in postcolonial Africa. But democratic politics, land reform, rights and freedom all suffered. Shivji calls for Africa-centred thinking that embraces the continent's right to self-determination.
Read More

Political Violence and the Rule of Law

Author: John E. Finn

Publisher: Oxford University Press on Demand

ISBN: 0195057384

Category: Business & Economics

Page: 274

View: 6112

With special reference to the experience of Britain and Germany, this book examines the dilemma faced by constitutional governments in trying to draft anti-terrorist laws while preserving civil liberties.
Read More