Primogeniture and Autocratic Survival in European Monarchies
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Rousseau and the Social Contract
In Dialogue with Humanity Rousseau and The Social Contract by Leung Mei Yee Ho Wai Ming Yeung Yang Part I Rousseau‟s life and works Part II The Discourses – Critique of society and civilization Part III The Social Contract Part 1 Rousseau‟s life and works… and the people who influenced him 3 Jean-Jacques Rousseau (1712-1778) One of the most influential yet controversial figures of the Enlightenment 4 He was the most portrayed character of the 18th century apart from Napoleon. (Jean-Jacques Monney) 5 Best known to the world by his political theory, he was also a well admired composer, and author of important works in very different fields. 6 Major works Novels Julie: or the New Héloïse (1761) Emile: or, on Education (1762) Autobiographical works The Reveries of the Solitary Walker (1782) The Confessions (1782-89) Essays Discourse on the Sciences and Arts (1750) Discourse on Inequality (1755) Discourse on Political Economy (1755-56) The Social Contract (1762) 7 Major Works Letters Letters on French Music (1753) Letters on the Elements of Botany (1780) Letter to M. d’Alembert on the Theatre (1758) Letters written from the Mountain (1764) Music Opera: Le devin du village (1752) Dictionary of Music (1767) 8 Born in 1712 in Geneva Small Calvinist city-state surrounded by large, predominately Catholic nations; Republic in the midst of duchies and monarchies Was brought up by his father The house where Rousseau since his mother died in was born at number 40, place du Bourg-de-Four childbirth 9 Left Geneva at the -
The Executive Power Clause
ARTICLE THE EXECUTIVE POWER CLAUSE JULIAN DAVIS MORTENSON† Article II of the Constitution vests “the executive power” in the President. Advocates of presidential power have long claimed that this phrase was originally understood as a term of art for the full suite of powers held by a typical eighteenth- century monarch. In its strongest form, this view yields a powerful presumption of indefeasible presidential authority in the arenas of foreign affairs and national security. This so-called Vesting Clause Thesis is conventional wisdom among constitutional originalists. But it is also demonstrably wrong. Based on a comprehensive review of Founding-era archives—including records of drafting, legislative, and ratication debates, committee les, private and ocial correspondence, diaries, newspapers, pamphlets, poetry, and other publications—this Article not only refutes the Vesting Clause Thesis as a statement of the original understanding, but replaces it with a comprehensive armative account of the clause that is both historically and theoretically coherent. † James G. Phillipp Professor of law, University of Michigan. Thanks to Nick Bagley, Josh Chafetz, Reece Dameron, Jo Ann Davis, Brian Finucane, Louis Fisher, David Gerson, Jonathan Gienapp, Monica Hakimi, Jason Hart, Don Herzog, Kian Hudson, Daniel Hulsebosch, Rebecca Ingber, Andrew Kent, Gary Lawson, Marty Lederman, Tom McSweeney, Henry Monaghan, Bill Novak, David Pozen, Richard Primus, Daphna Renan, Jed Shugerman, Matt Steilen, Valentina Vadi, Matt Waxman, John Witt, Ilan Wurman, and Mariah Zeisberg, as well as participants in the Georgetown Law School Legal History Workshop, the Hofstra Law School Faculty Workshop, the Hugh & Hazel Darling Originalism Works-in-Progress Conference, the McGeorge School of Law Faculty Workshop, the Michigan Law School Governance Workshop, the University of Michigan Legal History Workshop, and the University of Michigan Atlantic History Seminar, for helpful comments on earlier drafts. -
Staging Power in Tudor and Stuart English History Plays: History, Political Thought, and the Redefinition of Sovereignity Kristin M.S
University of Richmond UR Scholarship Repository Bookshelf 2015 Staging Power in Tudor and Stuart English History Plays: History, Political Thought, and the Redefinition of Sovereignity Kristin M.S. Bezio University of Richmond, [email protected] Follow this and additional works at: http://scholarship.richmond.edu/bookshelf Part of the Leadership Studies Commons Recommended Citation Bezio, Kristin M.S. Staging Power in Tudor and Stuart English History Plays: History, Political Thought, and the Redefinition of Sovereignty. Burlington, VT: Ashgate, 2015. NOTE: This PDF preview of Staging Power in Tudor and Stuart English History Plays: History, Political Thought, and the Redefinition of Sovereignity includes only the preface and/or introduction. To purchase the full text, please click here. This Book is brought to you for free and open access by UR Scholarship Repository. It has been accepted for inclusion in Bookshelf by an authorized administrator of UR Scholarship Repository. For more information, please contact [email protected]. Staging Power in Tudor and Stuart English History Plays History, Political Thought, and the Redefinition of Sovereignty KRISTIN M.S. BEZIO University ofRichmond, USA LIBRARY UNIVERSITY OF RICHMOND VIRGINIA 23173 ASHGATE Introduction Of Parliaments and Kings: The Origins of Monarchy and the Sovereign-Subject Compact in the English Middle Ages (to 1400) The purpose of this study is to examine the intersection between early modem political thought, the history that produced the late Tudor and early Stuart monarchies, and the critical interrogation of both taking place on the public theatrical stage. The plays I examine here are those which rely on chronicle histories for their source materials; are set in England, Scotland, or Wales; focus primarily on governance and sovereignty; and whose interest in history is didactic and actively political. -
Social Contract As Bourgeois Ideology Stephen C
Social Contract as Bourgeois Ideology Stephen C. Ferguson II John Rawls (Photo © Steve Pyke.) Since the publication of John Rawls’ magnum opus A Theory of Justice in 1971, there has been a significant resurgence of philosophical work in the tradition of contractarianism. The distinguished bourgeois political philosopher Robert Nozick has argued that A Theory of Justice is one of the most important works in political philosophy since the writings of John Stuart Mill. “Political philosophers,” Nozick concludes, “now must either work within Rawls’ theory or explain why.”1 It is not far from the truth that Rawls single-handedly not only gave life to analytical political philosophy, but also resuscitated contractarianism, a philosophical tradition that — in many respects — had been lying dormant in a philosophical coma. In fact, social contract theory has become the hegemonic tradition in liberal social and political philosophy. As the Afro-Caribbean My thanks for advice, guidance and/or invaluable criticism of earlier drafts to John H. McClendon III, Ann Cudd, Rex Martin, Tom Tuozzo, Robert J. Antonio and Tariq Al-Jamil. I would also like to extend a hearty thanks to Greg Meyerson and David Siar for their invaluable editorial comments. And, lastly, thanks to my wife, Cassondra, and my two sons, Kendall and Trey, for your unqualified love and support in times of tranquility as well as times of crisis. 1 Robert Nozick, Anarchy, State and Utopia (New York: Basic Books, 1974): 183. Copyright © 2007 by Stephen C. Ferguson and Cultural Logic, ISSN 1097-3087 Ferguson 2 philosopher Charles Mills has put it, contract talk is, after all, the political lingua franca of our times.2 In this essay, we will examine the ideological character and theoretical content of contractrarianism as a philosophical tradition beginning with its classic exposition in the works of Thomas Hobbes, John Locke, Jean-Jacques Rousseau and, finally, culminating in the work of John Rawls. -
Social Contract, Social Policy and Social Capital
THE PAST AND FUTURE: SOCIAL CONTRACT, SOCIAL POLICY AND SOCIAL CAPITAL Cornelia Butler Flora Jan L. Flora Iowa State University Social Contract Early social theorists (Thomas Hobbes, John Locke, and Jean-Jacques Rousseau) were intrigued by the notion of order and the mutual obligation it entails. For them, a critical part of social order is the relation between the ruler and the ruled, which includes collective agreement on the criteria for distinguishing right behavior from wrong, and enforcing right action. Why do the vast majority of people do what they are supposed to do? Hobbes addressed the question by theorizing what he felt separated "civilized" society from savagery. The "state of nature," according to Hobbes, was based on each person gaining the most possible on an individual basis, resulting in a life that was "solitary, poor, nasty, brutish and short." Only when individuals, through a social contract, give up their individual liberty to a sovereign committed to defending the subjects' lives in exchange for obedience to the sovereign's rules, does order, and thus security, emerge. The Hobbesian argument justifies the power of the sovereign. If citizens do not obey the rules, harsh and even extreme punishment isj ustifiable, indeed, necessary. Locke differed from Hobbes in his view of history. He argued that the rights of life and property were recognized under natural law. Insecurity arose from lack of clarity as to who was to enforce those rights. The social contract involves individuals agreeing to obey the laws of the state in exchange for the state's protection of the person and property. -
What's Wrong with a Federal Inheritance Tax? Wendy G
University of Baltimore Law ScholarWorks@University of Baltimore School of Law All Faculty Scholarship Faculty Scholarship Spring 2014 What's Wrong with a Federal Inheritance Tax? Wendy G. Gerzog University of Baltimore School of Law, [email protected] Follow this and additional works at: http://scholarworks.law.ubalt.edu/all_fac Part of the Estates and Trusts Commons, Taxation-Federal Commons, Taxation-Federal Estate and Gift ommonC s, and the Tax Law Commons Recommended Citation What's Wrong with a Federal Inheritance Tax?, 49 Real Prop. Tr. & Est. L.J. 163 (2014-2015) This Article is brought to you for free and open access by the Faculty Scholarship at ScholarWorks@University of Baltimore School of Law. It has been accepted for inclusion in All Faculty Scholarship by an authorized administrator of ScholarWorks@University of Baltimore School of Law. For more information, please contact [email protected]. WHAT'S WRONG WITH A FEDERAL INHERITANCE TAX? Wendy C. Gerzog* Synopsis: Scholars have proposed a federal inheritance tax as an alternative to the current federal transfer taxes, but that proposal is seriously flawed. In any inheritance tax model, scholars should expect to see significantly decreased compliance rates and increased administrative costs because, by focusing on the transferees instead of on the transferor, an inheritance tax would multiply the number oftaxpayers subject to the tax. This Article reviews common characteristics ofexisting inheritance tax systems in the United States and internationally-particularly in Europe. In addition, the Article analyzes the novel Comprehensive Inheritance Tax (CIT) proposal, which combines some elements of existing inheritance tax systems with some features ofthe current transfer tax system and delivers the CIT through the federal income tax system. -
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Cronfa - Swansea University Open Access Repository _____________________________________________________________ This is an author produced version of a paper published in: Philosophy & Social Criticism Cronfa URL for this paper: http://cronfa.swan.ac.uk/Record/cronfa52091 _____________________________________________________________ Paper: Cockburn, P. & Thorup, M. (2018). Proprietors and parasites. Philosophy & Social Criticism, 44(2), 179-199. http://dx.doi.org/10.1177/0191453717723189 _____________________________________________________________ This item is brought to you by Swansea University. Any person downloading material is agreeing to abide by the terms of the repository licence. Copies of full text items may be used or reproduced in any format or medium, without prior permission for personal research or study, educational or non-commercial purposes only. The copyright for any work remains with the original author unless otherwise specified. The full-text must not be sold in any format or medium without the formal permission of the copyright holder. Permission for multiple reproductions should be obtained from the original author. Authors are personally responsible for adhering to copyright and publisher restrictions when uploading content to the repository. http://www.swansea.ac.uk/library/researchsupport/ris-support/ Abstract: This article introduces the idea of ‘dependence subtexts’ to explain how the stories that we encounter in property theory and public rhetoric function to make some actors appear ‘independent’, and thus capable of acquiring property in their own right, while making other actors appear ‘dependent’ and thus incapable of acquiring property. The argument develops the idea of ‘dependence subtexts’ out of the work of legal scholar Carol Rose and political theorist Carole Pateman, before using it as a tool for contrasting the canonical property stories of John Locke and Pierre-Joseph Proudhon. -
John Stuart Mill and the French Revolution of 1848
‘There never was a time when so great a drama was being played out in one generation’: John Stuart Mill and the French Revolution of 1848 Helen McCabe, University of Nottingham In this article, I want to argue that the events of 1848 in France both mark an important change in John Stuart Mill’s political philosophy and emphasise an important continuity. Joseph Persky has recently shown how Mill was consistently radical 1 , and the revolutions of 1848 serve both to highlight this continued radicalism, and to reveal the changing content of that radical programme. Mill always had a strong interest in French politics, and a long-standing commitment to the call for ‘Liberty, Equality, Fraternity!’. He was a youthful enthusiast for the French Revolution (day-dreaming about being a Girondist in an English Convention2); an excited witness to the events of 1830; and a passionate defender of the ‘authors’ of the revolution of February 1848. This reveals both his consistency, and also the change his political philosophy underwent in the years – in particular – between 1831 and 1848, for when he wrote that the revolution of February 1848 embodied ‘all of “liberty, equality and fraternity” which is capable of being realised now, and…prepare[s] the way for all which can be realised hereafter’3, he was endorsing, not the politics of the Girondin, or the Orléanists, but what he terms ‘legitimate socialism’.4 The events of 1848 expanded Mill’s knowledge and understanding of socialist ideas – that is, of what socialism might mean – developing, in particular, his appreciation for a kind of socialism which came from working people themselves; could only be implemented by them and with their support; and which was possible within existing capitalist structures, rather than necessitating either their complete re-structuring (as Saint-Simonism would involve), or isolating the socialist community from the rest of the world (as in other, earlier, forms of ‘utopian socialism’ based on separatist intentional communities, e.g. -
CAN WORDS PRODUCE ORDER? Regicide in the Confucian Tradition
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Lirias CAN WORDS PRODUCE ORDER? Regicide in the Confucian Tradition CARINE DEFOORT KU Leuven, Belgium ᭛ ABSTRACT This article presents and evaluates a dominant traditional Chinese trust in language as an efficient tool to promote social and political order. It focuses on the term shi (regicide or parricide) in the Annals (Chunqiu). This is not only the oldest text (from 722–481 BCE) regularly using this term, but its choice of words has also been considered the oldest and most exemplary instance of the normative power of language. A close study of its uses of ‘regi- cide’ leads to a position between the traditional ‘praise and blame’ theory and its extreme negation. Later commentaries on the Annals and reflection on regicide in other texts, in different ways, attest to a growing reliance or belief in the power of words in the political realm. Key Words ᭛ Annals (Chunqiu) ᭛ China ᭛ language ᭛ order ᭛ regicide Two prominent scholars hold a debate in front of Emperor Jing (156–41 BCE). One of them is Master Huang, a follower of Huang Lao and the teachings of ‘The Yellow Emperor and Laozi’. The other is Master Yuan Gu, a specialist in the Book of Odes and appointed as erudite at the court of Emperor Jing. Master Huang launches the discussion with the provoca- tive claim that Tang and Wu, the founding fathers of China’s two exem- plary dynasties, respectively the Shang (18th–11th century) and Zhou (11th–3rd century) dynasties, were guilty of regicide against Jie and Zhòu, the last kings of the preceding dynasties. -
The Thistle and the Drone
AKBAR AHMED HOW AMERICA’S WAR ON TERROR BECAME A GLOBAL WAR ON TRIBAL ISLAM n the wake of the 9/11 attacks, the United States declared war on terrorism. More than ten years later, the results are decidedly mixed. Here world-renowned author, diplomat, and scholar Akbar Ahmed reveals an important yet largely ignored result of this war: in many nations it has exacerbated the already broken relationship between central I governments and the largely rural Muslim tribal societies on the peripheries of both Muslim and non-Muslim nations. The center and the periphery are engaged in a mutually destructive civil war across the globe, a conflict that has been intensified by the war on terror. Conflicts between governments and tribal societies predate the war on terror in many regions, from South Asia to the Middle East to North Africa, pitting those in the centers of power against those who live in the outlying provinces. Akbar Ahmed’s unique study demonstrates that this conflict between the center and the periphery has entered a new and dangerous stage with U.S. involvement after 9/11 and the deployment of drones, in the hunt for al Qaeda, threatening the very existence of many tribal societies. American firepower and its vast anti-terror network have turned the war on terror into a global war on tribal Islam. And too often the victims are innocent children at school, women in their homes, workers simply trying to earn a living, and worshipers in their mosques. Bat- tered by military attacks or drone strikes one day and suicide bombers the next, the tribes bemoan, “Every day is like 9/11 for us.” In The Thistle and the Drone, the third vol- ume in Ahmed’s groundbreaking trilogy examin- ing relations between America and the Muslim world, the author draws on forty case studies representing the global span of Islam to demon- strate how the U.S. -
Montesquieu on the History and Geography of Political Liberty
Montesquieu on the History and Geography of Political Liberty Author: Rebecca Clark Persistent link: http://hdl.handle.net/2345/bc-ir:103616 This work is posted on eScholarship@BC, Boston College University Libraries. Boston College Electronic Thesis or Dissertation, 2012 Copyright is held by the author, with all rights reserved, unless otherwise noted. Boston College Graduate School of Arts & Sciences Department of Political Science MONTESQUIEU ON THE HISTORY AND GEOGRAPHY OF POLITICAL LIBERTY A dissertation by REBECCA RUDMAN CLARK submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy December 2012 © Copyright by REBECCA RUDMAN CLARK 2012 Abstract Montesquieu on the History and Geography of Political Liberty Rebecca R. Clark Dissertation Advisor: Christopher Kelly Montesquieu famously presents climate and terrain as enabling servitude in hot, fertile climes and on the exposed steppes of central Asia. He also traces England’s exemplary constitution, with its balanced constitution, independent judiciary, and gentle criminal practices, to the unique conditions of early medieval northern Europe. The English “found” their government “in the forests” of Germany. There, the marginal, variegated terrain favored the dispersion of political power, and a pastoral way of life until well into the Middle Ages. In pursuing a primitive honor unrelated to political liberty as such, the barbaric Franks accidentally established the rudiments of the most “well-tempered” government. His turn to these causes accidental to human purposes in Parts 3-6 begins with his analysis of the problem of unintended consequences in the history of political reform in Parts 1-2. While the idea of balancing political powers in order to prevent any one individual or group from dominating the rest has ancient roots, he shows that it has taken many centuries to understand just what needs to be balanced, and to learn to balance against one threat without inviting another. -
Criminal Code
2010 Colección: Traducciones del derecho español Edita: Ministerio de Justicia - Secretaría General Técnica NIPO: 051-13-031-1 Traducción jurada realizada por: Clinter Actualización realizada por: Linguaserve Maquetación: Subdirección General de Documentación y Publicaciones ORGANIC ACT 10/1995, DATED 23RD NOVEMBER, ON THE CRIMINAL CODE. GOVERNMENT OFFICES Publication: Official State Gazette number 281 on 24th November 1995 RECITAL OF MOTIVES If the legal order has been defined as a set of rules that regulate the use of force, one may easily understand the importance of the Criminal Code in any civilised society. The Criminal Code defines criminal and misdemeanours that constitute the cases for application of the supreme action that may be taken by the coercive power of the State, that is, criminal sentencing. Thus, the Criminal Code holds a key place in the Law as a whole, to the extent that, not without reason, it has been considered a sort of “Negative Constitution”. The Criminal Code must protect the basic values and principles of our social coexistence. When those values and principles change, it must also change. However, in our country, in spite of profound changes in the social, economic and political orders, the current text dates, as far as its basic core is concerned, from the last century. The need for it to be reformed is thus undeniable. Based on the different attempts at reform carried out since the establishment of democracy, the Government has prepared a bill submitted for discussion and approval by the both Chambers. Thus, it must explain, even though briefly, the criteria on which it is based, even though these may easily be deduced from reading its text.