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Constantly Approximating Popular Sovereignty: Seven Fundamental Principles of Constitutional Law
William & Mary Bill of Rights Journal Volume 19 (2010-2011) Issue 2 Article 2 December 2010 Constantly Approximating Popular Sovereignty: Seven Fundamental Principles of Constitutional Law Wilson R. Huhn Follow this and additional works at: https://scholarship.law.wm.edu/wmborj Part of the Constitutional Law Commons Repository Citation Wilson R. Huhn, Constantly Approximating Popular Sovereignty: Seven Fundamental Principles of Constitutional Law, 19 Wm. & Mary Bill Rts. J. 291 (2010), https://scholarship.law.wm.edu/ wmborj/vol19/iss2/2 Copyright c 2010 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmborj CONSTANTLY APPROXIMATING POPULAR SOVEREIGNTY: SEVEN FUNDAMENTAL PRINCIPLES OF CONSTITUTIONAL LAW Wilson R. Huhn* constantly looked to, constantly labored for, and even though never perfectly attained, constantly approximated . .1 In 1988, renowned historian Edmund S. Morgan published Inventing the People: The Rise of Popular Sovereignty in England and America.2 In that brilliant and wide-ranging book Morgan traces how, between the time of the English Civil War in the mid-seventeenth century and the adoption of the American Constitution in 1787, the idea of “popular sovereignty”—the right of the people to govern themselves— replaced the notion of “the divine right of kings” as the acknowledged source of political power.3 The central theme of Morgan’s work is that while popular sover- eignty is a “fiction” in the sense that the people of a nation cannot actually rule them- selves without creating a government,4 over the centuries our ancestors constantly labored to create a society and a government which gradually came closer to the realization of that principle—a closer approximation of the ideal of popular sover- eignty.5 At the end of Inventing the People, Morgan concludes: * C. -
Florida State University Libraries
)ORULGD6WDWH8QLYHUVLW\/LEUDULHV 2021 Richard II: A Criticism of the Mechanisms of Divine Right Jackson Kendall Alley Follow this and additional works at DigiNole: FSU's Digital Repository. For more information, please contact [email protected] THE FLORIDA STATE UNIVERSITY COLLEGE OF ARTS AND SCIENCES RICHARD II: A CRITICISM OF THE MECHANISMS OF DIVINE RIGHT By JACKSON ALLEY A Thesis submitted to the Department of English in partial fulfillment of the requirements for graduation with Honors in the Major Degree Awarded: Summer, 2021 The members of the Defense Committee approve the thesis of Jackson Alley defended on March 31 2021. Professor Bruce Boehrer Thesis Director Asst. Professor Elizabeth Coggeshall Outside Committee Member Asst. Professor Carla Della Gatta Committee Member Signatures are on file with the Honors Program office. 2 ABSTRACT Through a careful look at historical and textual evidence, this essay will endeavor to argue that, by allowing Bolingbroke’s ascension to the throne to be consistent with divine right politics, Richard II critiques divine right politics as a means of commenting on the crisis of succession. Showcasing the ways in which divine right doctrine holds royalty accountable to God, Richard II plays off the insecurities of the audience, underscoring questions about the institution of divine right politics that were long circulating in Elizabethan political discourse. 3 TABLE OF CONTENTS Introduction – 5 The Question of Divine Right – 6 A Historical Perspective on Divine Right – 12 A Historical Perspective on Elizabethan Society – 18 Final Act – 26 Works Cited - 28 4 INTRODUCTION It is certainly true that no conception of authority was more magnanimous or widespread in Early Modern Europe than the divine right of kings. -
Democracy and Islam: an Odyssey in Braving the Twenty-First Century Justice Tassaduq Hussain Jillani
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Brigham Young University Law School BYU Law Review Volume 2006 | Issue 3 Article 5 9-1-2006 Democracy and Islam: An Odyssey in Braving the Twenty-First Century Justice Tassaduq Hussain Jillani Follow this and additional works at: https://digitalcommons.law.byu.edu/lawreview Part of the Comparative and Foreign Law Commons, and the Religion Law Commons Recommended Citation Justice Tassaduq Hussain Jillani, Democracy and Islam: An Odyssey in Braving the Twenty-First Century, 2006 BYU L. Rev. 727 (2006). Available at: https://digitalcommons.law.byu.edu/lawreview/vol2006/iss3/5 This Article is brought to you for free and open access by the Brigham Young University Law Review at BYU Law Digital Commons. It has been accepted for inclusion in BYU Law Review by an authorized editor of BYU Law Digital Commons. For more information, please contact [email protected]. JILLANI.FIN 9/12/2006 8:33:27 AM Democracy and Islam: An Odyssey in Braving the Twenty-First Century ∗ Justice Tassaduq Hussain Jillani I. INTRODUCTION During the last few decades, the Muslim world has witnessed various traumatic events. The Iranian Revolution and the hostage situation, the suicide bombings in Palestine and in Africa, and the tragedy of 9/11 are only a few examples of episodes that led many to regard Islam and democracy as incompatible. It is alleged that Islam is a monolithic faith opposed to pluralism, that it has a poor human rights record, and that Muslims seek “heaven by creating hell on earth.”1 Nevertheless, there is abundant evidence that democracy and the Islamic faith are compatible. -
Islam and the Foundations of Political Power Ali Abdel Razek
eCommons@AKU In Translation: Modern Muslim Thinkers ISMC Series 1-1-2013 Islam and the Foundations of Political Power Ali Abdel Razek Maryam Loutfi Translator Abdou Filali-Ansary Editor Follow this and additional works at: http://ecommons.aku.edu/uk_ismc_series_intranslation Part of the Islamic World and Near East History Commons Recommended Citation Abdel Razek, A. , Loutfi, M. , Filali-Ansary, A. (2013). Islam and the Foundations of Political Power Vol. 2, p. 144. Available at: http://ecommons.aku.edu/uk_ismc_series_intranslation/1 IN TRANSLATION: MODERN MUSLIM THINKERS Established in London in 2002, the Aga Khan University, Institute for the Study of Muslim Civilisations aims to strengthen research and teaching about the heritages of Muslim societies as they have evolved over time, and to examine the challenges these societies face in today’s globalised world. It also seeks to create opportunities for interaction among academics, traditionally trained scholars, innovative thinkers and leaders, in an effort to o I promote dialogue and build bridges. s f l a P IN TRANSLATION: MODERN MUSLIM THINKERS m o Islam and the Series Editor: Abdou Filali-Ansary l a i This series aims to broaden current debates about Muslim realities which often ignore seminal t n works produced in languages other than English. By identifying and translating critical and i c innovative thinking that has engendered important debates within its own settings, the series d Foundations of a hopes to introduce new perspectives to the discussions about Muslim civilisations -
Church-State Cooperation Does Not Violate a Guarantee of Religious Freedom: a Study of the 1978 Spanish Constitution and 1979 Concordat with the Catholic Church
Emory International Law Review Volume 27 Issue 1 2013 Church-State Cooperation Does Not Violate a Guarantee of Religious Freedom: A Study of the 1978 Spanish Constitution and 1979 Concordat with the Catholic Church Melissa Curvino Follow this and additional works at: https://scholarlycommons.law.emory.edu/eilr Recommended Citation Melissa Curvino, Church-State Cooperation Does Not Violate a Guarantee of Religious Freedom: A Study of the 1978 Spanish Constitution and 1979 Concordat with the Catholic Church, 27 Emory Int'l L. Rev. 509 (2013). Available at: https://scholarlycommons.law.emory.edu/eilr/vol27/iss1/11 This Comment is brought to you for free and open access by the Journals at Emory Law Scholarly Commons. It has been accepted for inclusion in Emory International Law Review by an authorized editor of Emory Law Scholarly Commons. For more information, please contact [email protected]. CURVINO GALLEYSPROOFS2 7/16/2013 10:34 AM CHURCH-STATE COOPERATION DOES NOT VIOLATE A GUARANTEE OF RELIGIOUS FREEDOM: A STUDY OF THE 1978 SPANISH CONSTITUTION AND 1979 CONCORDAT WITH THE CATHOLIC CHURCH ABSTRACT For much of Spanish history, to be a Spaniard and to be a Catholic were understood as equivalent. Spain had seven different constitutions in a span of 150 years and the question of religion was one of the main issues in each new constitution. From the early 1800s until the Constitution of 1978 Spain oscillated between two extremes: on one side, complete identification of the Church with the state; and on the other, state discouragement and restriction of the Church. Neither extreme provided for religious freedom. -
“Une Messe Est Possible”: the Imbroglio of the Catholic Church in Contemporary Latin Europe
Center for European Studies Working Paper No. 113 “Une Messe est Possible”: The Imbroglio of the Catholic Church 1 in Contemporary Latin Europe by Paul Christopher Manuel Margaret Mott [email protected] [email protected] Paul Christopher Manuel is Affiliate and Co-Chair, Iberian Study Group, Center for European Studies, Har- vard University and Professor and Chair, Department of Politics, Saint Anselm College. Margaret Mott is Assistant Professor of Political Science at Marlboro College. ABSTRACT Throughout the contemporary period, the Church-State relationship in the nation-states of France, Italy, Spain and Portugal – which we will refer to as Latin Europe in this paper – has been a lively source of political conflict and societal cleavage, both on epistemological, and ontological grounds. Epistemological, in that the person living in Latin Europe has to decide whether his world view will be religious or secular; ontological, in that his mortality has kept some sense of the Catholic religion close to his heart and soul at the critical moments of his human reality. Secular views tend to define the European during ordinary periods of life, (“métro boulot dodo,”) while religious beliefs surge during the extraordinary times of life (birth, marriage, death,) as well as during the traditional ceremonial times (Christmas, Easter). This paper will approach the ques- tion on the role of the Catholic church in contemporary Latin Europe by first proposing three models of church-state relations in the region and their historical development, then looking at the role of the Vatican, followed by an examination of some recent Eurobarometer data on the views of contemporary Catholics in each country, and finishing with an analysis of selected public pol- icy issues in each country. -
The Divine Right of Kings
CORNELL UNIVERSITY LIBRARY BOUGHT WITH THE INCOME OF THE SAGE ENDOWMENT FUND GIVEN IN 1 89 1 BY HENRY WILLIAMS SAGE " l«itoriwy 4rf^m^f M-t fg?yi? aoS^FIW-f^r^ JMl^g$*" M PRINTED IN U.S A. 1 ' *l^ e W- ! . i^'&fe, Cornell University Library JC389 .F47 1914 The divine right of kings 3 1924 030 444 693 olin The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924030444693 THE DIVINE RIGHT OF KINGS BT THE SAME AUTHOR From Gerson to Grotius. Studies in Political Thought from 1414 to 1625. Oamb. TJniv. Press. 3*. 6d. English History illustrated from Original Sources, 1660—1714. 2nd edition. A. & C. Black. 2s. net. Churches in the Modern State. Longmans, Green & Co. 4s. 6d. net. Christianity and History. Finch, 1905. 2s. net. The Gospel and Human Needs. Sixth Impression. Longmans, Green & Co. 4s. 6d. net. Popular Edition. 6d. Civilisation at the Cross Roads. Third Impression. Longmans, Green & Co. 5s. net. Anti-Christ and other Sermons. Longmans, Green & Co. 5s. net. Religion and English Society. Fourth Impression. Longmans, Green & Co. Cloth 2s. Paper Is. : THE DIVINE RIGHT OF KINGS BY JOHN NEVILLE FIGGIS, OF THE COMMUNITY OF THE RESURRECTION, LITT.D., HON. D.D. GLASGOW, HON. FELLOW OF S. CATHARINE'S COLLEGE, CAMBRIDGE SECOND EDITION WITH THREE ADDITIONAL ESSAYS Cambridge at the University Press 1914 -•<•"&'*& &$" \ A. W To ^ 1 CAMBRIDGE UNIVERSITY PRESS fLoitBDIi: FETTEB LANE, E.C. -
Culture, Institutions and Social Equilibria: a Framework Daron Acemoglu and James A
WORKING PAPER · NO. 2021-61 Culture, Institutions and Social Equilibria: A Framework Daron Acemoglu and James A. Robinson MAY 2021 5757 S. University Ave. Chicago, IL 60637 Main: 773.702.5599 bfi.uchicago.edu CULTURE, INSTITUTIONS AND SOCIAL EQUILIBRIA: A FRAMEWORK Daron Acemoglu James A. Robinson May 2021 We are grateful to Tim Besley, Bas van Bavel, Bob Gibbons, Leander Hendring, Chima Korieh, Joel Mokyr, Nathan Nunn, Jared Rubin, Rick Shweder, Susan Silbey, Ann Swidler, Cihat Tokgöz, Thierry Verdier, Hagay Volvovsky, Nathan Wilmers and David Yang for their comments and suggestions. We also thank the participants in the MIT Sloan economic sociology seminar, NBER culture and institutions conference, and Utrecht States and Institutions conference for comments. We are grateful to Rebecca Jackson for help with the illustrations. © 2021 by Daron Acemoglu and James A. Robinson. All rights reserved. Short sections of text, not to exceed two paragraphs, may be quoted without explicit permission provided that full credit, including © notice, is given to the source. Culture, Institutions and Social Equilibria: A Framework Daron Acemoglu and James A. Robinson May 2021 JEL No. P10,P16,P50 ABSTRACT This paper proposes a new framework for studying the interplay between culture and institutions. We follow the recent sociology literature and interpret culture as a \repertoire", which allows rich cultural responses to changes in the environment and shifts in political power. Specifically, we start with a culture set, which consists of attributes and the feasible connections between them. Combinations of attributes produce cultural configurations, which provide meaning, interpretation and justification for individual and group actions. -
Semester : Fifth
By Dr. Chhabilal Guest Faculty Department of Political Science K.M.C.U.A.F. University, Lucknow Subject : Indian Political Thought Paper Code : APS-504 Semester : Fifth By MANU The Theory of divine origin of the state is the oldest theory concerning the primary origin of state. According to it, the state is established by God(s), who rule(s) the state directly or indirectly through someone regarded as an agent. The divine theory or the theocratic conception is almost as old as the state itself, and was universally popular in primitive society. It is a well authenticated fact that the early forms of political authority were often connected with unseen powers. According to MacIver, the earliest rulers were a combination of Priest, Magic man, and King. According to the Mahabharata, there was anarchy in the world, and the people prayed to God for a King, and God appointed Manu to rule over them. According to the Jews, the King is treated owing responsibility to God alone for his acts. There are many references in the Old Testament which state that God appoints, dismisses, and even slays rulers. These references were used by Medieval writers to assert supremacy of the Catholic church over political affairs, as the Pope is regarded as a living man closest to God. According to many scholars, people initially lived in a state of nature prior to the origin of an organized state. The state of nature was like a state of war as there was no harmony, peace and goodwill. This period was considered the darkest period in the human history, a situation that is more or less equal to Hobbesian Leviathan. -
Conceptualizing the Sunni-Shi'i Encounter in the Modern Period
ISN ETH Zurich international relationS and SeCurity network ConCeptualizing the Sunni-Shi’i enCounter in the modern period Eidgenössische Technische Hochschule Zürich Swiss Federal Institute of Technology Zurich international relationS and SeCurity network ConCeptualizing the Sunni-Shi’i enCounter in the modern period Dr. Neguin Yavari Photograph used with permission from Reuters. TABLE OF CONTENTS Church and state in Islam ..............................................................................................4 Ayatollah Khomeini on the authority of jurists ..........................................................4 Autonomous political authority ...................................................................................5 Symbiosis .........................................................................................................................6 Confluence .......................................................................................................................8 Endnotes ........................................................................................................................10 Bibliography ...................................................................................................................11 About the author ...........................................................................................................13 International Relations and Security Network (ISN) © 2008 ISN Conceptualizing the Sunni-Shi’i Encounter in the Modern Period CHURCh AND STATE IN iSLAM religious -
Culture, Institutions and Social Equilibria: a Framework∗
Culture, Institutions and Social Equilibria: A Framework∗ Daron Acemoglu† James A. Robinson‡ May 12, 2021 Abstract This paper proposes a new framework for studying the interplay between culture and institutions. We follow the recent sociology literature and interpret culture as a \repertoire", which allows rich cultural responses to changes in the environment and shifts in political power. Specifically, we start with a culture set, which consists of attributes and the feasible connections between them. Combinations of attributes produce cultural configurations, which provide meaning, interpretation and justification for individual and group actions. Cultural configurations also legitimize and support different institutional arrangements. Culture matters as it shapes the set of feasible cultural configurations and via this channel institutions. Yet, changes in politics and institutions can cause a rewiring of existing attributes, generating very different cultural configurations. Cultural persistence may result from the dynamics of political and economic factors|rather than being a consequence of an unchanging culture. We distinguish cultures by how fluid they are|whereby more fluid cultures allow a richer set of cultural configurations. Fluidity in turn depends on how specific (vs. abstract) and entangled (vs. free-standing) attributes in a culture set are. We illustrate these ideas using examples from African, England, China, the Islamic world, the Indian caste system and the Crow. In all cases, our interpretation highlights that culture becomes more of a constraint when it is less fluid (more hardwired), for example because its attributes are more specific or entangled. We also emphasize that less fluid cultures are not necessarily \bad cultures", and may create a range of benefits, though they may reduce the responsiveness of culture to changing circumstances. -
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The Banner of Conservatism: Friedrich Julius Stahl, King Friedrich Wilhelm IV, and the Reinvention of Divine-Right Kingship in Prussia, 1833-1863 Madeline Clare Taylor Submitted in Partial Fulfillment of the Prerequisite for Honors in History under the advisement of Simon Grote April 2019 © 2019 Madeline Clare Taylor Acknowledgements This thesis would not have been possible without the support of myriad individuals and institutions. I am deeply grateful to Prof. Simon Grote for being the best possible thesis adviser. Thank you for launching my journey at Wellesley as both a writer and an historian during my first semester in your writing class and thank you for the dedication you brought to the King Killers seminar last year which inspired this thesis. Thank you, most especially, for your intellectual guidance, rigorous yet kind feedback, generosity, insight, and genuine interest in my work throughout this process. Thank you to Prof. Ryan Quintana, my history major adviser. In your courses and our conversations, I was introduced to the capacious ideas that inspired and sustained my love of history. Thank you for teaching me the meaning of historical narrative and instilling in me an enduring fascination with the state. Thank you for teaching me to read, write, and think like a historian, and for helping me find my scholarly voice. Thank you, as well, to Prof. Quinn Slobodian and Prof. Lidwien Kapteijns, who have been brilliant seminar leaders during my time at Wellesley, and who armed me with the intellectual tools that made this project possible. Thank you to Prof. Hélène Bilis, who graciously agreed to serve on my thesis committee.