An Analysis of John Locke and Thomas Hobbes' Social Contract Theories
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The Bill of Rights
The Bill of Rights Gordon B. Baldwin Professor of Law ✧ University of Wisconsin-Madison. Published by the Wisconsin Law Foundation and the State Bar of Wisconsin © 2009, Wisconsin Law Foundation 5302 Eastpark Blvd., Madison, WI 53718 (800)728-7788 or (608) 257-3838 ✧ Professor of Law, University of Wisconsin-Madison, B.A. Haverford College 1950; LL.B., Cornell University 1953. 1 Table of Contents Preface ....................................................................................3 Impact of the Bill of Rights ....................................................4 The First Amendment .............................................................9 The Freedom of Speech .......................................................13 Freedom of the Press ............................................................16 Freedom of Assembly ...........................................................18 The Second Amendment ......................................................19 The Third Amendment ..........................................................20 The Fourth Amendment .......................................................21 The Fifth Amendment ...........................................................25 The Sixth Amendment ..........................................................29 The Seventh Amendment .....................................................32 The Eighth Amendment........................................................33 The Ninth Amendment .........................................................34 The Tenth Amendment -
Hobbes and Vattel in Crimea: a Natural Law Critique of the Russian Annexation Juan Martir Xavier University
Xavier Journal of Undergraduate Research Volume 2 Article 6 2014 Hobbes and Vattel in Crimea: A Natural Law Critique of the Russian Annexation Juan Martir Xavier University Follow this and additional works at: https://www.exhibit.xavier.edu/xjur Recommended Citation Martir, Juan (2014) "Hobbes and Vattel in Crimea: A Natural Law Critique of the Russian Annexation," Xavier Journal of Undergraduate Research: Vol. 2 , Article 6. Available at: https://www.exhibit.xavier.edu/xjur/vol2/iss1/6 This Article is brought to you for free and open access by Exhibit. It has been accepted for inclusion in Xavier Journal of Undergraduate Research by an authorized editor of Exhibit. For more information, please contact [email protected]. Hobbes and Vattel in Crimea: A Natural Law Critique of the Russian Annexation Juan Martir In March 2014, the Russian government—upon learning the people of Crimea voted overwhelmingly by a referendum to secede from Ukraine—announced that it would annex the territory. The international community was shocked. United States Secretary of State John Kerry condemned the move as a revival of outmoded power politics: “You don’t just in the 21st century behave in 19th century fashion by invading another country on a completely trumped-up pretext.”1 This paper argues that, even by earlier standards in international politics, this move by Russia would be considered illegitimate or imprudent. By looking at the incident through the natural law theories of Thomas Hobbes and Emer de Vattel, the annexation would be considered imprudent: by the former because it threatens domestic harmony and is completely illegitimate, and by the latter because it is a blatant violation of the rights of the Ukrainian polity. -
A World Beyond the Nation-State Luca Deangelis SIT Study Abroad
SIT Graduate Institute/SIT Study Abroad SIT Digital Collections Independent Study Project (ISP) Collection SIT Study Abroad Fall 2018 A World Beyond the Nation-State Luca DeAngelis SIT Study Abroad Follow this and additional works at: https://digitalcollections.sit.edu/isp_collection Part of the Other Political Science Commons, and the Political Theory Commons Recommended Citation DeAngelis, Luca, "A World Beyond the Nation-State" (2018). Independent Study Project (ISP) Collection. 2965. https://digitalcollections.sit.edu/isp_collection/2965 This Unpublished Paper is brought to you for free and open access by the SIT Study Abroad at SIT Digital Collections. It has been accepted for inclusion in Independent Study Project (ISP) Collection by an authorized administrator of SIT Digital Collections. For more information, please contact [email protected]. 1 A World Beyond the Nation-State By Luca DeAngelis Fall 2018 SIT Geneva: International Studies & Multilateral Diplomacy Dr. Gyula Csurgai Bowdoin College Philosophy, Government & Legal Studies 2 Abstract The once monolithic nation-state is in danger. Forces of modernity like globalization are causing the nation-state to recede. While the nation-state is not likely to vanish, a decline in the nation-states power is mightily consequential to the world order that is built around this central political unit. A decline in the nation-state will lead to chaos and uncertainty in the near future. In theory, this decline could be good because the nation-state is a flawed political unit. Thorough research on a world beyond the nation-state is necessary in order to adequately prepare and sculpt our future world. Ultimately, an analysis of possible futures where the nation-state is less prominent reveals that the most likely future consists of the mass privatization and the rise of corporate governance that could be worse for freedom and democracy. -
CRIME and CRIMINAL JUSTICE in NEW YORK STATE: a Survey of Public Opinion
OFFICE OF JUSTICE SYSTEMS ANALYSIS CRIME AND CRIMINAL JUSTICE IN NEW YORK STATE: A Survey of Public Opinion Volume I: Crime, Neighborhood Safety and Responses to Crime DIVISION OF CRIMINAL JUSTICE SERVICES ••••••••r ....... ., . •••••••IP ..........--- .. ' ~~ NEWYORK STATE --c-~~~~-----..---.~- l;1g50S NEW YORK STAlE MARIO M. CUOMO, GOVERNOR CRIME AND CRIMINAL JUSTICE IN NEW YORK STATE: A Survey of Public Opinion Volume I: Crime, Neighborhood Safety and Responses to Crime DIVISION OF CRIMINAL JUSTICE SERVICES John J. Poklemba Director of Criminal Justice and Commissoner OFFICE OF JUSTICE SYSTEMS ANALYSIS Barry C. Sample, Executive Deputy Commissioner BUREAU OF STATISTICAL SERVICES Richard A. Rosen, Chief 128505 U.S. Department of Justice National Institute of Justice by: Prepared This document has been reproduced exactly .as recei~e? from the Sharon E. Lansing person or organization originating it. Points of view or OPIniOnS stat7d in this document are those of the authors and do. not nec~ssafilY represent the official position or policies of the National Institute of Justice. Permission to reproduce this copyrighted material in mi crofiche only has been granted by December 1988 New York State/Division of Criminal Justice Services to the National Criminal Justice Reference Service (NCJRS). Further reproduction outside of the NCJRS system requires permis· sion of the copyright owner. ACKNOWLEDGMENTS This is the first time a public opinion survey has been undertaken by a State criminal justice agency. While the Division of Criminal Justice Services was responsible for the preparation of the survey instrument and the data analysis, Fact Finders, Inc. adapted the instrument for use in a telephone survey and conducted the actual survey. -
Machiavelli and Republicanism in Elizabethan England
Griot : Revista de Filosofia, Amargosa - BA, v.21, n.2, p.221-236, junho, 2021 ISSN 2178-1036 https://doi.org/10.31977/grirfi.v21i2.2386 Recebido: 15/02/2021| Aprovado: 05/05/2021 Received: 02/15/2021 | Approved: 05/05/2021 MACHIAVELLI AND REPUBLICANISM IN ELIZABETHAN ENGLAND Marcone Costa Cerqueira1 Universidade Federal de Santa Catarina (UFSC) https://orcid.org/0000-0003-4539-3840 E-mail: [email protected] ABSTRACT: The purpose of this succinct work is to present N. Machiavelli's classic republican view from his proposition of an inevitable paradox, the founding of an expansionist republic, difficult to govern, or the founding of a stable, but small and weak republic. Such a paradox, according to Machiavelli, should direct and condition all the constitutive devices of the republic when choosing what will be its destiny as a political body. The model of republic preferred by the Florentine will be the expansionist model of Rome, leading him to assume all the devices that gave this republic its power. From this presentation of the Machiavellian proposition, we will analyse the assimilation of republican thought in England from the Elizabethan period, as well as the political-social scenario that exists there. This itinerary will allow us to understand, in general, why classical republicanism was received on English soil from the perspective of establishing a mixed, stable government, thus favouring the spread of the Venice myth as a serene republic and delaying the use, even that mitigated, of the republican presuppositions expressed in the Machiavellian work that directed towards a Roman model. -
The Revolution of 1861: the American Civil War in the Age of Nationalist Conflict
Civil War Book Review Fall 2012 Article 25 The Revolution of 1861: The American Civil War in the Age of Nationalist Conflict. Frank Towers Follow this and additional works at: https://digitalcommons.lsu.edu/cwbr Recommended Citation Towers, Frank (2012) "The Revolution of 1861: The American Civil War in the Age of Nationalist Conflict.," Civil War Book Review: Vol. 14 : Iss. 4 . DOI: 10.31390/cwbr.14.4.26 Available at: https://digitalcommons.lsu.edu/cwbr/vol14/iss4/25 Towers: The Revolution of 1861: The American Civil War in the Age of Nati Review Towers, Frank Fall 2012 Fleche, Andre M. The Revolution of 1861: The American Civil War in the Age of Nationalist Conflict.. University of North Carolina Press, $39.95 ISBN 978-0-8078-3523-4 Understanding the Civil War in a Broader Context Andre Fleche adds to the burgeoning literature on the international dimensions of the Civil War in this valuable study of American nationalism in a transatlantic context. Contrary to dominant popular narratives of the Civil War as a purely domestic conflict, Europe’s 1848 revolutions had a profound influence on northern and southern conceptions of the nation state. Viewed in this framework, the Civil War fits into a broader pattern of revolution wherein the fledgling concept of the nation state matured into the form that guided it through the next century of modern history. Although 1860s Americans paid attention to other revolutionary precedents, especially their own against Great Britain, Fleche argues that the most influential were the failed nationalist revolutions of 1848 in Europe, a series of revolts against the monarchies that took control of the continent after Napoleon’s defeat in 1815. -
Part I a Revolutionary Experiment: 1620–1800
Part I A Revolutionary Experiment: 1620–1800 The unique experiment that began in England’s American colonies in the seventeenth and eighteenth centuries, culminating in the founding of the United States of America, forever changed the modern world. This revolutionary experiment had its roots in English history and politics, in the broader European Enlightenment, and in the practices of Native American peoples such as the Iroquois. The American democratic experiment required two centuries of fermentation, an anticolonial war against England, and an ingenious political compromise known as the U.S. Constitution. What the Founders gave the world in 1787 was as much a promise as a reality, for it contained not only the seeds of democracy but also limits to the full flowering of those seeds. One of these limitations, a long-term tendency that has come to be known as partisandistribute gridlock in the context of political polarization, was built into the ingenious institutional compromise itself, for the U.S. federalist system of checks and balances allows partisan interests to stymie the devel- opment of coherent national policies. or In retrospect, the American Revolution jump-started modernity toward a system of democratic governance based on the principles of popular sovereignty and political equality. In practice, however, the citizens of the new republic of 1787 were primarily propertied white men, and most Americans did not participate in ratifying the Constitution. Thus the very foundationspost, of U.S. government contained political ten- sions that persist today—between theoretical equality and actual inequality, between theoretical rule of the people and actual rule of elites. -
The Concept of Mixed Government in Classical and Early Modern Republicanism
Ivan Matić Original Scientific Paper University of Belgrade UDK 321.728:321.01 141.7 THE CONCEPT OF MIXED GOVERNMENT IN CLASSICAL AND EARLY MODERN REPUBLICANISM Abstract: This paper will present an analysis of the concept of mixed government in political philosophy, accentuating its role as the central connecting thread both between theories within classical and early modern republicanism and of the two eras within the republican tradition. The first part of the paper will offer a definition of mixed government, contrasting it with separation of powers and explaining its potential significance in contemporary political though. The second part will offer a comprehensive, broad analysis of the concept, based on political theories of four thinkers of paramount influence: Aristotle, Cicero, Machiavelli and Guicciardini.1 In the final part, the theories and eras of republican tradition will be compared based on the previous analysis, establishing their essential similarities and differences. Key words: Mixed Government, Classical Republicanism, Florentine Realism, Early Modern Republicanism, Aristotle, Cicero, Machiavelli, Guicciardini. Introduction The roots of republican political thought can be traced to the antiquity and the theories of ancient Greek and Roman philosophers. As might be expected in the two and a half millennia that followed, our understanding of republicanism has been subject to frequent and, sometimes, substantial change. Yet, one defining element has always remained: the concept embedded in its very name, derived from the Latin phrase res publica (public good, or, more broadly, commonwealth), its implicit meaning being that the government of a state is meant to be accessible and accountable to all citizens, its goals being the goals not merely of certain classes and factions, but of society as a whole. -
Understanding China's Future
PALACKÝ UNIVERSITY OLOMOUC PHILOSOPHICAL FACULTY Department of Politics and European Studies UNDERSTANDING CHINA’S FUTURE: A CRITICAL EXPLORATION OF FUTURE- ORIENTATED APPROACHES TO ANALYSING SOCIO-POLITICAL PHENOMENA Doctoral Thesis Jeremy Garlick, M.A. Supervisor: Gaudenz Assenza, D.Phil. (Oxon), M.P.A. (Harvard) Olomouc, 2014 Declaration: I hereby declare that this thesis is entirely my own work and I have faithfully and accurately cited all sources used to the utmost of my ability. ………………………………………………. Jeremy Garlick, M.A. 2 Abstract This thesis has two main aims. The first of these is to study available methodologies for researching the future in the social sciences, and particularly in political science and international relations (IR). To be more specific, it attempts to determine whether it is possible to establish, given the present state of scientific knowledge, a relatively rigorous method for examining the futures of socio-political phenomena. The second aim is to set out to use the methodological approach(es) established in the first part of the study to examine the future of China, both as an applied example of the use of the methodology as well as an end in itself within IR’s sub-field of China studies. Thus, the thesis fits within the areas of future studies and China studies, but with a particular focus on the implications of the research for political science and IR within the broader social sciences. The research reveals that the most suitable candidate for researching socio-political futures, at least until computer modelling and complexity theory are refined enough to examine the future with greater accuracy (if this is possible), is scenario construction, given that it deals not with prediction of definite outcomes, but with future possibilities. -
Rule-Of-Law.Pdf
RULE OF LAW Analyze how landmark Supreme Court decisions maintain the rule of law and protect minorities. About These Resources Rule of law overview Opening questions Discussion questions Case Summaries Express Unpopular Views: Snyder v. Phelps (military funeral protests) Johnson v. Texas (flag burning) Participate in the Judicial Process: Batson v. Kentucky (race and jury selection) J.E.B. v. Alabama (gender and jury selection) Exercise Religious Practices: Church of the Lukumi-Babalu Aye, Inc. v. City of Hialeah (controversial religious practices) Wisconsin v. Yoder (compulsory education law and exercise of religion) Access to Education: Plyer v. Doe (immigrant children) Brown v. Board of Education (separate is not equal) Cooper v. Aaron (implementing desegregation) How to Use These Resources In Advance 1. Teachers/lawyers and students read the case summaries and questions. 2. Participants prepare presentations of the facts and summaries for selected cases in the classroom or courtroom. Examples of presentation methods include lectures, oral arguments, or debates. In the Classroom or Courtroom Teachers/lawyers, and/or judges facilitate the following activities: 1. Presentation: rule of law overview 2. Interactive warm-up: opening discussion 3. Teams of students present: case summaries and discussion questions 4. Wrap-up: questions for understanding Program Times: 50-minute class period; 90-minute courtroom program. Timing depends on the number of cases selected. Presentations maybe made by any combination of teachers, lawyers, and/or students and student teams, followed by the discussion questions included in the wrap-up. Preparation Times: Teachers/Lawyers/Judges: 30 minutes reading Students: 60-90 minutes reading and preparing presentations, depending on the number of cases and the method of presentation selected. -
China (People's Republic
PDF generated: 26 Aug 2021, 16:23 constituteproject.org China (People’s Republic of)'s Constitution of 1982 with Amendments through 2018 Translation of 2018 amendments provided by the NPC Observer This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.org. constituteproject.org PDF generated: 26 Aug 2021, 16:23 Table of contents Preamble . 3 CHAPTER I: GENERAL PRINCIPLES . 5 CHAPTER II: THE FUNDAMENTAL RIGHTS AND DUTIES OF CITIZENS . 11 CHAPTER III: THE STRUCTURE OF THE STATE . 15 Section 1: The National People's Congress . 15 Section 2: The President of the People's Republic of China . 21 Section 3: The State Council . 22 Section 4: The Central Military Commission . 25 Section 5: The Local People's Congress and the Local People's Governments at Different Levels . 26 Section 6: The Organs of Self-Government of National Autonomous Areas . 29 Section 8: The People's Courts and the People's Procuratorates . 32 CHAPTER IV: THE NATIONAL FLAG, THE NATIONAL ANTHEM, THE NATIONAL EMBLEM AND THE CAPITAL . 34 China (People’s Republic of) 1982 (rev. 2018) Page 2 constituteproject.org PDF generated: 26 Aug 2021, 16:23 • Political theorists/figures • Preamble Preamble • Reference to country's history • Mentions of social class China is one of the countries with the longest histories in the world. The people of all nationalities in China have jointly created a splendid culture and have a glorious revolutionary tradition. Feudal China was gradually reduced after 1840 to a semi-colonial and semi-feudal country. -
The Role of a Bill of Rights
University of Chicago Law School Chicago Unbound Journal Articles Faculty Scholarship 1992 The Role of a Bill of Rights David A. Strauss Follow this and additional works at: https://chicagounbound.uchicago.edu/journal_articles Part of the Law Commons Recommended Citation David A. Strauss, "The Role of a Bill of Rights," 59 University of Chicago Law Review 539 (1992). This Article is brought to you for free and open access by the Faculty Scholarship at Chicago Unbound. It has been accepted for inclusion in Journal Articles by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. AFTERWORD The Role of a Bill of Rights David A. Strausst One of the happiest facts about the two hundredth anniver- sary of the Bill of Rights is that it occurs when, for many people in the world, the question whether to adopt a bill of rights is alive for the first time. What will they be adopting, if they adopt a bill of rights? In this Afterword I want to suggest an answer to that ques- tion, based on the American experience with the Bill of Rights gen- erally and, in particular, with controversies of the kind reflected in the articles in this issue. My suggestion is that there are three different conceptions of the Bill of Rights. Each conception sees the Bill of Rights as serv- ing a different purpose. Each rests on certain normative and insti- tutional premises. Each gives rise to a characteristic form of argu- ment. None of these three conceptions, I will argue, is obviously wrong.