Ideologies & Identities in the Medieval Byzantine World
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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. -
Jordanes and the Invention of Roman-Gothic History Dissertation
Empire of Hope and Tragedy: Jordanes and the Invention of Roman-Gothic History Dissertation Presented in Partial Fulfillment of the Requirements for the Degree Doctor of Philosophy in the Graduate School of The Ohio State University By Brian Swain Graduate Program in History The Ohio State University 2014 Dissertation Committee: Timothy Gregory, Co-advisor Anthony Kaldellis Kristina Sessa, Co-advisor Copyright by Brian Swain 2014 Abstract This dissertation explores the intersection of political and ethnic conflict during the emperor Justinian’s wars of reconquest through the figure and texts of Jordanes, the earliest barbarian voice to survive antiquity. Jordanes was ethnically Gothic - and yet he also claimed a Roman identity. Writing from Constantinople in 551, he penned two Latin histories on the Gothic and Roman pasts respectively. Crucially, Jordanes wrote while Goths and Romans clashed in the imperial war to reclaim the Italian homeland that had been under Gothic rule since 493. That a Roman Goth wrote about Goths while Rome was at war with Goths is significant and has no analogue in the ancient record. I argue that it was precisely this conflict which prompted Jordanes’ historical inquiry. Jordanes, though, has long been considered a mere copyist, and seldom treated as an historian with ideas of his own. And the few scholars who have treated Jordanes as an original author have dampened the significance of his Gothicness by arguing that barbarian ethnicities were evanescent and subsumed by the gravity of a Roman political identity. They hold that Jordanes was simply a Roman who can tell us only about Roman things, and supported the Roman emperor in his war against the Goths. -
Authority and Control in the Interior of Asia Minor, Seventh–Ninth Centuries
chapter 4 Authority and Control in the Interior of Asia Minor, Seventh–Ninth Centuries James Howard-Johnston 1 Asia Minor and the Onset of the War for Survival: Cities, Villages and Fortresses Byzantium cannot be demarcated clearly from its greater, antecedent, imperial self. The name is a term of art, used to pick out the most Roman of the Roman successor states. Continuity being so marked in terms of constitution, institu- tions (notably those which sustained a traditional fiscal prowess), infrastruc- ture and, not least, culture and religion, the east Roman empire simply shades into a reduced but still ideologically potent early medieval state. But change was forced upon it from without, by successive defeats at the hands of Mus- lims, by successive losses of territory to the Muslim umma. At the beginning of the eighth century, the authority of east Roman emperors was confined to a well-defended but exposed capital city, enclaves in the far west (Sicily, south- ern Italy and the exarchate of Ravenna) and north-east (part of the Crimea and the western Caucasus), tracts in the western, southern and south-eastern Balkans (often under no more than nominal Roman control), the islands of the Aegean, and one substantial, defensible land-mass, Asia Minor. Asia Minor became the heartland of the rump-empire from the 640s, its most important resource-base, the great eastern bulwark of Constantinople. Explanations for the extraordinary resilience shown by Byzantium in its 200-year-long battle for survival and the success ultimately achieved have to be sought as much in the evolving structures, social, economic, administrative, of Asia Minor as in poli- cies formulated at the centre and the ideology which underpinned the will to fight on.1 1 This paper represents views developed over many years of reading and teaching. -
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). -
Your Name Your
Vedran Bileta ON THE FRINGES OF THE SHRINKING EMPIRE THE MILITARIZATION OF ADMINISTRATION AND SOCIETY IN BYZANTINE HISTRIA MA Thesis in Medieval Studies CEU eTD Collection Central European University Budapest May 2010 i CEU eTD Collection ii ON THE FRINGES OF THE SHRINKING EMPIRE THE MILITARIZATION OF ADMINISTRATION AND SOCIETY IN BYZANTINE HISTRIA by Vedran Bileta (Croatia) Thesis submitted to the Department of Medieval Studies, Central European University, Budapest, in partial fulfillment of the requirements of the Master of Arts degree in Medieval Studies Accepted in conformance with the standards of the CEU ____________________________________________ Chair, Examination Committee ____________________________________________ Thesis Supervisor CEU eTD Collection ____________________________________________ Examiner ____________________________________________ iii Examiner Budapest May 2010 CEU eTD Collection iv ON THE FRINGES OF THE SHRINKING EMPIRE THE MILITARIZATION OF ADMINISTRATION AND SOCIETY IN BYZANTINE HISTRIA by Vedran Bileta (Croatia) Thesis submitted to the Department of Medieval Studies, Central European University, Budapest, in partial fulfillment of the requirements of the Master of Arts degree in Medieval Studies Accepted in conformance with the standards of the CEU ____________________________________________ External Examiner CEU eTD Collection Budapest May 2010 v ON THE FRINGES OF THE SHRINKING EMPIRE THE MILITARIZATION OF ADMINISTRATION AND SOCIETY IN BYZANTINE HISTRIA by Vedran Bileta (Croatia) Thesis submitted to -
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). -
The Metaphor of the “Body Politic” Across Languages and Cultures
The metaphor of the “body politic” across languages and cultures. Andreas Musolff Published in: Frank Polzenhagen, Zoltán Kövecses, Stefanie Vogelbacher and Sonja Kleinke (eds.). Cognitive Explorations into Metaphor and Metonymy. Frankfurt a. M.: Peter Lang, 85-99. Pre-publication version 1. Introduction (1) Student A: ‘The head of the body represents the Queen of England, as she is in charge of the whole country and she is royalty. The features of the head (eyes, nose, mouth and ears) represent the different official people, such as politicians, the Prime Minister, the Government.’ (2) Student B: ‘Beijing: brain (government); Shanghai: hug/arm (welcome to foreign people); Guangzhen: feet (keep China going); Hong Kong: face (familiar to everyone, representative); Taiwan: hair (we can live without hair but it is necessary for beauty).’ The examples above come from a research corpus1 of answers given by MA students at the University of East Anglia (UEA) who completed the task of describing the body politic of their home country. As can be surmised from the geographical references, the first answer was given by a British student, the second one by a Chinese student. But the two answers do not just differ in terms of geography but reveal a difference in the conceptual structure of the NATION-AS-BODY metaphor.2 The first response describes 1 The research corpus has been built up over the years 2011-13 and is still under construction (see Musolff 2014a in press). 2 Strictly speaking, it would be more accurate to analyse the data as evidence for the NATION-AS-PERSON metaphor, of which the NATION-AS-BODY mapping is a part or 2 aspects of the United Kingdom’s official constitutional system in terms of a (human) body’s head and its various prominent parts. -
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 -
Justinian I the Great of Macedonia
Basil Chulev JUSTINIAN I THE GREAT - MACEDONIAN IMPERATOR OF KONSTANTINOPOLITANA NOVA ROMA Skopje, Macedonia 2016 2 The intention of this essay is to provide simple and easy to understand retrospective of periods from medieval Macedonian and Eastern Romeian Empires history and culture. It avoids substantial and detailed explanations that consider wider historical background of the events and persons described below, and is written primarily for those approaching the topic for the first time. It also avoids complex explanatory comments or insightful footnotes on the citations from the sources. The explanatory notes are prevalently etymological. The time-frame of this essay ranges from the rule of Justin I until the end of the rule of Justinian I the Great. The interpretations given here are meant to enhance our understanding and appreciation of the Macedonian and Romeian empires that were a superpowers of the medieval world. They are focused mainly on the Macedonian aspect of the story disregarding the wider historical or socio-political perspective. All the dates and references to centuries are „AD “ except where indicated otherwise. Throughout this essay, Macedonia/Macedonians refer to the area of the mainland north of Mount Olymp. Macedonian peninsula refers to so-called 'Balkans.' Latinized/Anglicized or Macedonic names are given in parenthesis, some names and technical terms are transliterated and these will be obvious when they appear. Other technical terms and titles (e.g. Romeo, drougarrios, etc.) have been transliterated directly from their original forms with as few changes as possible: thus drouggarios rather than ' droungarios , which is neither “ Greek ” nor Latin. The terminology and concepts that are post factum inventions (like 'Balkans ' or 'Byzantium ') are largelly ignored, if not altogether avoided. -
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’.