The Metaphor of the “Body Politic” Across Languages and Cultures
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The Politics of Jurisprudence: Liberty and Equality in Rawls and Dworkin
The Catholic Lawyer Volume 25 Number 2 Volume 25, Spring 1980, Number 2 Article 4 The Politics of Jurisprudence: Liberty and Equality in Rawls and Dworkin Stephen C. Hicks Follow this and additional works at: https://scholarship.law.stjohns.edu/tcl Part of the Jurisprudence Commons This Article is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in The Catholic Lawyer by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact [email protected]. THE POLITICS OF JURISPRUDENCE: LIBERTY AND EQUALITY IN RAWLS AND DWORKIN STEPHEN C. HICKS* Law as a general system of rules impartially applied acts as the me- dium of sovereign governmental order harmonizing the interests of indi- viduals and groups in society as equally and fairly as possible. The indi- vidual is free within the rules establishing security and order and is free from law which is not conducive to the general good. Similarly, an indi- vidual is free to pursue his own ends if they are compatible with the greatest happiness of the greatest number and also is free not to act on behalf of the common good. While these boundaries are defined by law, the actual social relations within them are the concern of ethics or psy- chology, not legislation.' Thus, political theory as utilitarianism sees the law according to its own representation of the good and its own descrip- tion of human nature. This is the original coordination of individual soci- ety and the body politic in our tradition. -
The Continental Shelf and the Extension of the Territorial Sea
University of Miami Law Review Volume 10 Number 4 Miami Law Quarterly Article 5 7-1-1956 The Continental Shelf and the Extension of the Territorial Sea Dr. Theodore Alvarado Garaioca Follow this and additional works at: https://repository.law.miami.edu/umlr Recommended Citation Dr. Theodore Alvarado Garaioca, The Continental Shelf and the Extension of the Territorial Sea, 10 U. Miami L. Rev. 490 (1956) Available at: https://repository.law.miami.edu/umlr/vol10/iss4/5 This Article is brought to you for free and open access by the Journals at University of Miami School of Law Institutional Repository. It has been accepted for inclusion in University of Miami Law Review by an authorized editor of University of Miami School of Law Institutional Repository. For more information, please contact [email protected]. THE CONTINENTAL SHELF AND THE EXTENSION OF THE TERRITORIAL SEA DR. THEODORE ALVARADO GARAIOCA* International Law, influenced by the progress of modern armaments, as well as by the discovery of new natural resources, has had to consider claims tending to modify the traditional determination of the territorial sea, incorporating a new and important element: the so-called continental shelf. It is well to remember that the concept of the "territorial sea" was the subject of a long and arduous discussion. In this inflamed theoretical dispute, several theories were advanced, based upon the opposite principles of the "closed sea" and the "free sea"; the concept of the sea being "rcs nullius" (belonging to nobody) was advanced against the concept of the sea as "res communis" (common to all). -
The Body Politic from Medieval Lombardy to the Dutch Republic
_full_journalsubtitle: A Journal for the Study of Science, Technology and Medicine in the Pre-modern Period _full_abbrevjournaltitle: ESM _full_ppubnumber: ISSN 1383-7427 (print version) _full_epubnumber: ISSN 1573-3823 (online version) _full_issue: 1 _full_issuetitle: The Body Politic from Medieval Lombardy to the Dutch Republic _full_alt_author_running_head (neem stramien J2 voor dit article en vul alleen 0 in hierna): 0 _full_alt_articletitle_running_head (rechter kopregel - mag alles zijn): The Body Politic: Introduction _full_is_advance_article: 0 _full_article_language: en indien anders: engelse articletitle: 0 The Body Politic: EarlyIntroduction Science and Medicine 25 (2020) 1-7 1 www.brill.com/esm The Body Politic from Medieval Lombardy to the Dutch Republic: An Introduction Vasileios Syros University of Jyväskylä, Finland [email protected] The content of this special issue is based on three of the presentations de- livered at the international conference “The Body Politic and Social Harmony: From the Middle Ages to the Present.” The event was held on 28 and 29 May 2018 at the Meeting and Conference Center Soeterbeeck in Ravenstein, The Netherlands, under the auspices of the Royal Netherlands Academy of Arts and Sciences (KNAW), and corresponded with my appointment as KNAW Visit- ing Professor at the Faculty of Philosophy, Theology and Religious Studies at Radboud University Nijmegen during spring 2017 and spring 2018. The body politic metaphor, widely invoked in envisioning various modes of the existence and operation of a harmonious society, has been an enduring feature in the evolution of political thought, both in the “West” and elsewhere. The conference drew upon the cumulative expertise of scholars from different disciplinary backgrounds. It explored iterations of the body politic metaphor and its normative value for conceptions of social and political harmony from the Middle Ages to the present in the European, Islamic, Jewish, Indian, Rus- sian, and East Asian traditions of political theorizing. -
Gendered Citizenship and Islamic Jurisprudence
Undergraduate Journal of Global Citizenship Volume 3 Issue 1 The Undergraduate Journal of Global Article 5 Citizenship Volume III Issue I May 2019 Woman In The Body Politic: Gendered Citizenship and Islamic Jurisprudence Ankushi A. Mitra Georgetown University, [email protected] Follow this and additional works at: https://digitalcommons.fairfield.edu/jogc Recommended Citation Mitra, Ankushi A. (2019) "Woman In The Body Politic: Gendered Citizenship and Islamic Jurisprudence," Undergraduate Journal of Global Citizenship: Vol. 3 : Iss. 1 , Article 5. Available at: https://digitalcommons.fairfield.edu/jogc/vol3/iss1/5 This item has been accepted for inclusion in DigitalCommons@Fairfield by an authorized administrator of DigitalCommons@Fairfield. It is brought to you by DigitalCommons@Fairfield with permission from the rights- holder(s) and is protected by copyright and/or related rights. You are free to use this item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses, you need to obtain permission from the rights-holder(s) directly, unless additional rights are indicated by a Creative Commons license in the record and/or on the work itself. For more information, please contact [email protected]. Mitra: Gendered Citizenship and Islamic Jurisprudence Introduction Scholars contest ‘citizenship’ as a concept on a variety of dimensions – from its conceptual meaning1 to political implementation.2 In his influential classical formulation, T. H. Marshall defines citizenship as “a status bestowed on those who are full members of a community,” 3 equal in their rights and duties. My analytical perspective draws on the Marshallian conceptualization, taking citizenship narrowly to mean legal membership of a political4 community (the nation-state). -
Citizens, Residents, and the Body Politic
Citizens, Residents, and the Body Politic Paul David Meyer* For more than a century, courts and policymakers have described citizenship as a necessary marker of the political community, defining the boundaries of who participates in our democracy and on what terms. State and federal prohibitions on noncitizen voting remain largely unchallenged and immune from public controversy or scholarly scrutiny. Yet recent jurisprudence on citizenship and voting rights may open the doctrinal door for enfranchisement claims brought by lawful permanent residents— those noncitizens with the greatest national stake and standing. This Comment offers two contributions to the discussion of noncitizen suffrage. First, it provides a novel descriptive framework, weaving together parallel developments in the Supreme Court’s thinking about citizenship, the franchise, and the special status of lawful permanent residents in the political community. Second, the Comment presents a normative argument that both responds to deep- seated justifications for upholding blanket voting prohibitions and outlines a limited voting rights regime for lawful permanent residents. Introduction ..................................................................................................... 466 I. Constructing and Dismantling the Citizen as a Repository of Constitutional Rights and Privileges ................................................... 473 A. Citizenship Circa 1787 ................................................................... 474 B. The Fourteenth Amendment’s Construction -
The Debate on Property During the First English Revolution 1647-1659 : a Historical Perspective
Miranda Revue pluridisciplinaire du monde anglophone / Multidisciplinary peer-reviewed journal on the English- speaking world 13 | 2016 Thomas Spence and his Legacy: Bicentennial Perspectives The Debate on Property during the First English Revolution 1647-1659 : A Historical Perspective Myriam-Isabelle Ducrocq Electronic version URL: http://journals.openedition.org/miranda/9084 DOI: 10.4000/miranda.9084 ISSN: 2108-6559 Publisher Université Toulouse - Jean Jaurès Electronic reference Myriam-Isabelle Ducrocq, “The Debate on Property during the First English Revolution 1647-1659 : A Historical Perspective”, Miranda [Online], 13 | 2016, Online since 17 November 2016, connection on 16 February 2021. URL: http://journals.openedition.org/miranda/9084 ; DOI: https://doi.org/10.4000/ miranda.9084 This text was automatically generated on 16 February 2021. Miranda is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. The Debate on Property during the First English Revolution 1647-1659 : A Hist... 1 The Debate on Property during the First English Revolution 1647-1659 : A Historical Perspective Myriam-Isabelle Ducrocq 1 The aim of this paper is to provide a historical background to the radical proposals1 formulated by Thomas Spence concerning property, insofar as they are reminiscent of the debates that took place at the time of the First English Revolution. In Crusonia (1782)2, the traveller and narrator describes life in the island where Robinson was once shipwrecked. The island is now populated by the offspring of European sailors and native women, who at first had retained the law of male primogeniture as applied in England, but soon discarded it and opted for new institutions. -
4 the 'Two Bodies' of the Female Sovereign: Awkward Hierarchies In
Originalveröffentlichung in: Watanabe-O'Kelly, Helen ; Morton, Adam (Hrsgg.): Queens consort, cultural transfer and European politics, c.1500-1800, London 2017, S. 64-83 4 The ‘two bodies’ of the female sovereign: Awkward hierarchies in images of Empress Maria Theresia, Catherine the Great of Russia and their male consorts Christina Strunck The relationship between ruler and consort, analysed in great depth in the rest of this book, became particularly complicated if the sovereign was a woman. In England this ‘anomalous’ case occurred for the first time in 1553 when Mary 1 ascended the throne. In order to prevent her husband Philip II of Spain from interfering with English politics, in 1554 Parliament issued the Act declaring that the Regal Power of this Realm is in the Queen i Majesty as fully and absolutely as ever it was in any of her most noble Progenitors, Kings of this Realm, thereby enabling Mary to ‘use and enjoy the Crown and Sovereignty over her Dominions and Subjects’ without the assistance of her male consort.1 The idea that the queen held the same powers as a king was more fully developed during the reign of Mary’s successor Elizabeth I. Shortly after Elizabeth’s coronation in 1559 the future Bishop of London John Aylmer published a treatise in which he defended the queen ‘agaynst the late blown Blaste, conceminge the Government of Women’.2 His argument was based on the theory of the king’s two bodies that had been current in England since the Middle Ages. According to this theory the person of the king consisted of a mortal ‘body natural’ and an immortal ‘body politic’. -
THE LOST SOUL of the BODY POLITIC a Dissertation by JESSE ALLEN CHUPP Submitted to the Office of Graduate Studies of Texas A&
THE LOST SOUL OF THE BODY POLITIC A Dissertation by JESSE ALLEN CHUPP Submitted to the Office of Graduate Studies of Texas A&M University in partial fulfillment of the requirements for the degree of DOCTOR OF PHILOSOPHY May 2012 Major Subject: Political Science THE LOST SOUL OF THE BODY POLITIC A Dissertation by JESSE ALLEN CHUPP Submitted to the Office of Graduate Studies of Texas A&M University in partial fulfillment of the requirements for the degree of DOCTOR OF PHILOSOPHY Approved by: Chair of Committee, Cary J. Nederman Committee Members, Robert Harmel Judith Baer Leah DeVun Head of Department, James Rogers May 2012 Major Subject: Political Science iii ABSTRACT The Lost Soul of the Body Politic. (May 2012) Jesse Allen Chupp, B.S., Indiana Wesleyan University; M.A., Ball State University Chair of Advisory Committee: Dr. Cary J. Nederman The modern nation-state is the product of a gradual process in which the religiously concerned medieval political and ecclesiastical synthesis became more secular and centralized. Mirroring this external institutional development, the theoretical conception of the state changed from one of a natural organic unity of diverse corporate members, often described metaphorically as a Body Politic, to a consent-based compact among atomized individuals. This change can be traced in the Body Politic metaphor of four authors: John of Salisbury, Christine de Pizan, Johannes Althusius, and Jean-Jacques Rousseau. In this project, I argue that the Body Politic metaphor, particularly the inclusion or exclusion of a soul of the Body Politic, is uniquely appropriate for capturing the complexity of political life in general across differing levels of aggregation and for elucidating the political and religious commitments of the authors who employ it, as they critique their own contemporary political and religious institutions and describe their ideal societies. -
Milton's Case for a Free Commonwealth
Milton’s Case for a Free Commonwealth Frank Lovett Washington University in St. Louis This article will examine the development of John Milton’s arguments for democracy as against monarchy and other sorts of autocratic rule. These arguments are interesting both in their own right and insofar as they shed light on historiographical debates concerning the classical republican tradition. Milton is shown to hold a negative conception of liberty, as opposed to a positive or participatory conception, which lends support to the neo-roman interpretation of that tradition, associated with QuentinSkinnerandPhilipPettit.However,itisfurthershownthatSinnerandPettitmisunderstandtheclassicalrepublicans’ case for democracy, attributing to them a conceptual argument in place of an empirical one. A better understanding of Milton’s political theory contributes to a better understanding of this dilemma, and perhaps suggests a solution. his article will examine the development of “justly and magnanimously abolished” (VII, 409).3 This John Milton’s arguments for a “self-governing shift is particularly striking given the obvious inevitability Tdemocratie or Commonwealth” (VII, 427)1 as of restoration when the latter tract was written, and the against monarchy and other sorts of autocratic rule. These possibility that publishing such a vehemently antimonar- arguments are interesting both in their own right (Milton chical tract might therefore expose Milton to personal is often underestimated as a political thinker),2 and also danger. Would not a more suitable time to express such insofar as they shed light on continuing historiographical sentiments have been during his tenure as Secretary of debates concerning the classical republican tradition to Foreign Tongues for the Commonwealth government in which hebelongs. -
Marsilius of Padua As a Democratic Theorist
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by PhilPapers Roda da Fortuna Revista Eletrônica sobre Antiguidade e Medievo Electronic Journal about Antiquity and Middle Ages Filimon Peonidis1 Marsilius of Padua as a Democratic Theorist Marsilio de Padua como pensador demócrata Abstract: In this essay I focus on the form of government defended by Marsilius of Padua in the first Discourse of Defensor pacis (1324). The interpretation of his overall account depends heavily on our understanding of the “major and valentior part” of the citizenry upon which all legislative and elective powers are bestowed. I argue that there is sufficient textual evidence to believe that the above term refers not to some small elite group but to the totality of citizens or the overwhelming majority of them. I also argue that his imaginary polity meets all the necessary conditions that any political regime should meet in order for it to be characterised as an essentially democratic one. Thus, Marsilius deserves a more prominent position in the history of democratic ideas. Keywords: Marsilius of Padua; popular sovereignty; history of democratic ideas. Resumen: En este ensayo me centro en la forma de gobierno defendida por Marsilio de Padua en el primer discurso del Defensor pacis (1324). La interpretación de la tesis en su conjunto depende en gran medida de cómo entendamos la “pars major” (la parte mayoritaria) y la “pars valentior” (la parte más importante, de mayor peso) de la ciudadanía a la que le son otorgados todos los poderes legislativos y electivos. Sostengo que hay evidencia textual suficiente para creer que el término citado anteriormente no se refiere a una pequeña élite, sino a todos los ciudadanos o a la mayoría de los mismos. -
Jurisprudence of the Moorish Science Temple of America a Body Politic
Jurisprudence of the Moorish Science Temple of America A body politic and Corporate The ancient people who have been labeled, classified, identified or “described” as Black, Negro, Colored, Ethiopian, West Indian, Native American, Native Indian, American Indian, Amerindian, Black Indian, Latino, Mexican, Afro American, African American, First People, First Nation, Original People, Asiatics, Aboriginal, Indigenous, Paleo, Pre-Adamite, Autochthon, etc were known to be in the Americas [Hawaii, Alaska, Canada, United States, Central America, South America, Caribbean Islands, Greenland] BEFORE there was an Atlantic Ocean. – (Americas);1 In the Holy Koran of the Moorish Holy Temple of Science, Circle 7, Chapter 47 it’s recorded that “The Inhabitants of Africa are the descendants of the ancient Canaanite from the land of Canaan. Old man Cush and his family are the first inhabitants of Africa who came from the land Canaan. His father Ham and his family were second. Then came the word Ethiopia, which means the demarcation line of the dominion of Amexem, the first true and divine name of Africa. The dividing of the land between the father and the son. The dominion of Cush, North-East and South-East Africa and North-West and South-West was his father’s dominion of Africa. In later years many of their brethren from Asia and the Holy lands joined them. The Moabites from the land of Moab who received permission from the pharaohs of Egypt to settle and inhabit North-West Africa; they were the founders and are the true possessors of the present Moroccan Empire. With their Canaanite, Hittite and Amorite brethren who sojourned from the land of Canaan seeking new homes. -
Syriac Apocalyptic and the Body Politic: from Individual Salvation to the Fate of the State
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Revistes Catalanes amb Accés Obert SYRIAC Apocalyptic AND THE BODY POLITIC: FROM INDIVIDUAL salvation TO THE Fate OF THE State. NOTES ON SEVENTH Century TEXTS PABLO UBIERNA CONSEJO NACIONAL DE INVESTIGACIONES CIENTÍFICAS Y TÉCNICAS UNIVERSIDAD DE BUENOS AIRES ARGENTINA Date of reception: 30th of May, 2010 Final date of acceptance: 19th of January, 2011 ABSTRACT One of the main goals of this paper is to comment on the eschatological notion of “end” as found in a Syriac apocalyptic text of the seventh century, the Syriac Apocalypse of Daniel (or Pseudo-Daniel), recently edited by Matthias Henze and the possible links with the canonical tradition related to the Book of Daniel in the Syriac Bible and to present its own specificity due to the eschatological tone that relates the text with the classical authors of the fourth century like Aphraat. This eschatological tone marks a distance with other Syriac texts of the seventh century with a more political approach1. KEY WORDS Syriac Christianity, Apocalyptic, Byzantium, Apocrypha, Jewish-Christianity. CAPITALIA VERBA Christiana ecclesia Syriaca, Apocalypsis, Byzantium, Apocrypha, Christiana ecclesia Judaica. 1. A previous version of this text was presented as a Lecture at the Katholieke Universiteit Leuven on Thursday October 29th 2009 under the premises of the Van Roey's Chair of Oriental Christian Studies. I want to express my gratitude to Prof. Peter van Deun for his invitation and to Prof. Caroline Macé for all her help during my visit to Leuven. IMAGO TEMPORIS.