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Leibniz E O Direito Brasileiro.Pdf
RENATO EUGENIO DE FREITAS PERES UMA REVISÃO DAS POSSÍVEIS FONTES LEIBNIZIANAS NA FORMAÇÃO DA CIÊNCIA JURÍDICA BRASILEIRA: UM ESTUDO DA OBRA DE AUGUSTO TEIXEIRA DE FREITAS Dissertação apresentada à Banca Examinadora da Pontifícia Universidade Católica de São Paulo como exigência parcial para obtenção do título de Mestre em História da Ciência, sob a orientação da Professora Doutora Ana Maria Alfonso-Goldfarb. Pontifícia Universidade Católica de São Paulo São Paulo 2005 0 RESUMO O presente trabalho trata da seguinte hipótese: Leibniz pode ter sido uma fonte de influência para o direito brasileiro? Para realizar tal investigação, examinamos com uma visão crítica a obra jurídica de dois autores: Gottfried Wilhelm Leibniz e Augusto Teixeira de Freitas. E o fizemos propondo duas situações que normalmente não são encontradas em trabalhos do gênero. Investigamos a obra jurídica de Leibniz porque embora seu nome seja muito conhecido pelo seu legado filosófico, ele foi também jurista citado como influência. Todavia, seus escritos sobre direito são pouco estudados. Em seguida, estudamos a obra de um jurista brasileiro do ponto de vista da história da ciência. Teixeira de Freitas foi muito importante na época de formação da ciência jurídica brasileira porque ele foi o autor da Consolidação das Leis Civis e do Esboço de Código Civil, textos que foram fundamentais para a teoria e para a prática do direito no Brasil no século XIX. Tratamos de apurar o que Leibniz escreveu em matéria de direito, o que há disponível traduzido para o português ou não, e o que pode ser encontrado na Biblioteca da Faculdade de Direito de São Paulo. -
Downloaded from Brill.Com10/07/2021 01:40:02PM This Is an Open Access Chapter Distributed Under the Terms of the CC-BY-NC-ND 4.0 License
chapter 7 Men, Monsters and the History of Mankind in Vattel’s Law of Nations Pärtel Piirimäe 1 Introduction Emer de Vattel has been widely considered a seminal figure in the European tradition of the law of nations. While attaching himself to the earlier tradition of natural jurisprudence, he offered a normative system of the law of nations that was more firmly and explicitly anchored to the political practice of his contemporary Europe than were the doctrines of his predecessors. Vattel pro- moted the practical applicability of his Droit des gens (1758), stressing that it was not so much written for interested ‘private individuals’, i.e. other scholars or the general public, but it was a ‘law of sovereigns’ that was primarily in- tended for ‘them and their ministers’. It would not help much, he explained, if his maxims were studied only by those who had no influence over public affairs; the ‘conductors of states’, on the other hand, if they chose to learn this science and adopt its maxims as the ‘compass’ for their policies, could produce many ‘happy results’.1 Vattel emphasized the easy comprehension and applica- bility of his book, contrasting his approach with that of Christian Wolff, whose treatise on the law of nations could be understood only if one ‘previously stud- ied sixteen or seventeen quarto volumes which precede it’.2 As Vattel famous- ly declared, his original intention was to introduce Wolff’s system to a wider readership, by rendering his rigid and formal work more ‘agreeable and better calculated to ensure it a reception in the polite world’.3 While it is clear that Vattel’s work amounted to much more than a system- atic account of Wolff’s principles,4 it is in the manner of presentation that the differences between the two scholars are the most striking. -
'New Era' Should Have Ended US Debate on Beijing's Ambitions
Testimony before the U.S.-China Economic and Security Review Commission Hearing on “A ‘China Model?’ Beijing’s Promotion of Alternative Global Norms and Standards” March 13, 2020 “How Xi Jinping’s ‘New Era’ Should Have Ended U.S. Debate on Beijing’s Ambitions” Daniel Tobin Faculty Member, China Studies, National Intelligence University and Senior Associate (Non-resident), Freeman Chair in China Studies, Center for Strategic and International Studies Senator Talent, Senator Goodwin, Honorable Commissioners, thank you for inviting me to testify on China’s promotion of alternative global norms and standards. I am grateful for the opportunity to submit the following statement for the record. Since I teach at National Intelligence University (NIU) which is part of the Department of Defense (DoD), I need to begin by making clear that all statements of fact and opinion below are wholly my own and do not represent the views of NIU, DoD, any of its components, or of the U.S. government. You have asked me to discuss whether China seeks an alternative global order, what that order would look like and aim to achieve, how Beijing sees its future role as differing from the role the United States enjoys today, and also to address the parts played respectively by the Party’s ideology and by its invocation of “Chinese culture” when talking about its ambitions to lead the reform of global governance.1 I want to approach these questions by dissecting the meaning of the “new era for socialism with Chinese characteristics” Xi Jinping proclaimed at the Communist Party of China’s 19th National Congress (afterwards “19th Party Congress”) in October 2017. -
The Birth of Communism
Looking for a New Economic Order Tensions across Europe mounted in the 1830s and 1840s, as republican (anti-royalist) movements resisted the reigning monarchies. The monarchy in France had been restored after Napoleon Bonaparte’s final defeat at Waterloo in 1815, albeit with great divisions and debate throughout the country. Italy, Germany, and Austria were likewise ruled by monarchies, but faced growing protest. In addition to tensions about forms of government and freedoms, workers were becoming more vocal and unified in protesting conditions in factories, mines, and mills. The Birth of Communism Karl Marx and Friedrich Engels are regarded as the founders of Marxist ideology, more colloquially known as communism. Both were concerned about the ill effects of industrialism. Marx was an economist, historian, and philosopher. Engels was a German journalist and philosopher. After a two-year stay in Manchester, England, Engels wrote his first book, The Condition of the Working Class in England, which was published in 1845. It was in Manchester that Marx and Engels met for the first time. Although they did not like each other at first, they ended up forming a life- and world- changing partnership. Marx was the more public figure of the partnership, but Engels did much of the supporting work, including providing financial assistance to Marx and editing multiple volumes of their publications. In 1847, a group of Germans, working in England, formed a secret society and contacted Marx, asking him to join them as they developed a political platform. At Engels’s suggestion, the group was named the Communist League. Marx and Engels began writing the pamphlet The Communist Manifesto, composed between December 1847 and January 1848. -
A Political Companion to Henry David Thoreau
University of Kentucky UKnowledge Literature in English, North America English Language and Literature 6-11-2009 A Political Companion to Henry David Thoreau Jack Turner University of Washington Click here to let us know how access to this document benefits ou.y Thanks to the University of Kentucky Libraries and the University Press of Kentucky, this book is freely available to current faculty, students, and staff at the University of Kentucky. Find other University of Kentucky Books at uknowledge.uky.edu/upk. For more information, please contact UKnowledge at [email protected]. Recommended Citation Turner, Jack, "A Political Companion to Henry David Thoreau" (2009). Literature in English, North America. 70. https://uknowledge.uky.edu/upk_english_language_and_literature_north_america/70 A Political Companion to Henr y David Thoreau POLITIcaL COMpaNIONS TO GREat AMERIcaN AUthORS Series Editor: Patrick J. Deneen, Georgetown University The Political Companions to Great American Authors series illuminates the complex political thought of the nation’s most celebrated writers from the founding era to the present. The goals of the series are to demonstrate how American political thought is understood and represented by great Ameri- can writers and to describe how our polity’s understanding of fundamental principles such as democracy, equality, freedom, toleration, and fraternity has been influenced by these canonical authors. The series features a broad spectrum of political theorists, philoso- phers, and literary critics and scholars whose work examines classic authors and seeks to explain their continuing influence on American political, social, intellectual, and cultural life. This series reappraises esteemed American authors and evaluates their writings as lasting works of art that continue to inform and guide the American democratic experiment. -
Capitalism, Lakouism, and Libertarian Communism
Capitalism, Lakouism, and Libertarian Communism Capitalism, Lakouism, and Libertarian Communism By Paul C. Mocombe Capitalism, Lakouism, and Libertarian Communism By Paul C. Mocombe This book first published 2020 Cambridge Scholars Publishing Lady Stephenson Library, Newcastle upon Tyne, NE6 2PA, UK British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library Copyright © 2020 by Paul C. Mocombe All rights for this book reserved. No part of this book may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of the copyright owner. ISBN (10): 1-5275-4343-9 ISBN (13): 978-1-5275-4343-0 This work, as with everything I pen, is done in the name of the ancestors, lwa yo, Erzulie, my grandparents (Saul and Eugenia Mocombe), sons (Isaiah and Daniel), and my wife (Tiara S. Mocombe) TABLE OF CONTENTS List of Figures............................................................................................. ix List of Tables .............................................................................................. xi Introduction ................................................................................................. 1 Chapter I .................................................................................................... 33 The Constitution of Haitian Identities Chapter II .................................................................................................. -
The Right to the Whole Produce of Labour
1RNIA SAN DIEGO THE EIGHT TO THE WHOLE PRODUCE OF LABOUR THE EIGHT TO THE WHOLE PBODUCE OF LABOUK THE ORIGIN AND DEVELOPMENT OF THE THEORY OF LABOUR'S CLAIM TO THE WHOLE PRODUCT OF INDUSTRY BY DK. ANTON MENGEK PROFESSOR OF JURISPRUDENCE IN THE UNIVERSITY OF VIENNA TRANSLATED BY M. E. TANNER WITH AN INTRODUCTION AND BIBLIOGRAPHY BY H. S. FOXWELL, M.A. PROFESSOR OF ECONOMICS AT UNIVERSITY COLLEGE, LONDON ; LECTURER AND LATE FELLOW OF ST. JOHN'S COLLEGE, CAMBRIDGE Hontion MACMILLAN AND CO., LIMITED NEW YORK: THE MACMILLAN COMPANY 1899 A II rights reserved INTRODUCTION DR. ANTON MENGER'S remarkable study of the cardinal Dr doctrine of revolutionary socialism, now for the first W time published in English, has long enjoyed a wide reputation on the Continent; and English students of social philosophy, whether or not they are familiar with the original, will welcome its appearance in this trans- lation. The interest and importance of the subject will not be disputed, either by the opponents or the advocates of socialism ; and those who know how exceptionally Dr. Menger is qualified for work of this kind, by his juristic eminence, and his profound know- ledge of socialistic literature, will not need to be told that it has been executed with singular vigour and ability. Hitherto, perhaps because it was not generally accessible to English readers, the book has not received in this country the notice that it has met with elsewhere. Yet there are reasons why it should be of peculiar interest to English economists. The particular method of criticism adopted by Dr. -
Reinventar La Izquierda En El Siglo Xxi
Reinventar la izquierda en el siglo xxi José Luis Coraggio y Jean-Louis Laville (organizadores) Reinventar la izquierda en el siglo xxi Hacia un diálogo Norte-Sur Reinventar la izquierda en el siglo XXI : hacia un dialogo norte-sur / José Luis Coraggio ... [et.al.] ; coordinado por José Luis Coraggio y Jean-Louis Laville. - 1a ed. - Los Polvorines : Universidad Nacional de General Sarmiento, 2014. 548 p. ; 21x15 cm. ISBN 978-987-630-192-3 1. Teorías Polìticas. I. Coraggio, José Luis II. Coraggio, José Luis, coord. III. Laville, Jean-Louis, coord. CDD 320.1 Fecha de catalogación: 07/08/2014 © Universidad Nacional de General Sarmiento, 2014 J. M. Gutiérrez 1150, Los Polvorines (B1613GSX) Prov. de Buenos Aires, Argentina Tel.: (54 11) 4469-7578 [email protected] www.ungs.edu.ar/ediciones Traducción del inglés: Gabriela Ventureira. Traducción del francés: Marie Bardet con la colaboración de Carlos Pérez. Diseño de colección: Andrés Espinosa - Departamento de Publicaciones - UNGS / Alejandra Spinelli Corrección: Edit Marinozzi Hecho el depósito que marca la Ley 11723 Prohibida su reproducción total o parcial Derechos reservados Impreso en Docuprint S. A. Calle Taruarí 123 (C1071AAC) Ciudad de Buenos Aires, Argentina, en el mes de septiembre de 2014. Tirada: 400 ejemplares. Índice Reconocimientos .....................................................................................11 PRESENTACIÓN POR LA UNGS / Eduardo Rinesi ................................... 13 PRESENTACIÓN POR EL IAEN / Guillaume Long ....................................17 INTRODUCCION GENERAL / José Luis Coraggio y Jean-Louis Laville ..... 21 Otra política, otra economía, otras izquierdas / José Luis Coraggio ........ 35 Izquierda europea y proyecto emancipador / Jean-Louis Laville .............. 85 Mensajes a la izquierda de ayer y a la de hoy / Guy Bajoit ..................... -
Bevir the Making of British Socialism.Indb
Copyrighted Material CHAPTER ONE Introduction: Socialism and History “We Are All Socialists Now: The Perils and Promise of the New Era of Big Government” ran the provocative cover of Newsweek on 11 Feb ruary 2009. A financial crisis had swept through the economy. Several small banks had failed. The state had intervened, pumping money into the economy, bailing out large banks and other failing financial institu tions, and taking shares and part ownership in what had been private companies. The cover of Newsweek showed a red hand clasping a blue one, implying that both sides of the political spectrum now agreed on the importance of such state action. Although socialism is making headlines again, there seems to be very little understanding of its nature and history. The identification of social ism with “big government” is, to say the least, misleading. It just is not the case that when big business staggers and the state steps in, you have socialism. Historically, socialists have often looked not to an enlarged state but to the withering away of the state and the rise of nongovern mental societies. Even when socialists have supported state intervention, they have generally focused more on promoting social justice than on simply bailing out failing financial institutions. A false identification of socialism with big government is a staple of dated ideological battles. The phrase “We are all socialists now” is a quo tation from a British Liberal politician of the late nineteenth century. Sir William Harcourt used it when a land reform was passed with general acceptance despite having been equally generally denounced a few years earlier as “socialist.” Moreover, Newsweek’s cover was not the first echo of Harcourt’s memorable phrase. -
Inspiration for the Struggle . Fr Ull W
Page Six THE DAILY WORKER THE DAILY WORKER. A Wise Fool Speaketh - Published by the DAILY WORKER PUBLISHING 00. It is said somewhere in the bible that the “truth Inspiration for the Struggle . fr Ull W. Washington Bird.. Chicago, QL shall be spoken out of the mouths of fools.” Per- it to the affiliated clubs tor discussion. , Manifesto’; fully (Phone: Monroe 4712) for inasmuch as It must prepared document Each one of haps in biblical days as today only those to whom Introduction to Engels’ “The Prin- This draft also reached Paris, where i deal more or less with history, the its sentences stands out like a work ciples of Communism,” No. 3 Moses Hess, a “philosophical” social- previously accepted style does not fit SUBSCRIPTION RATES truth was dearer than ■ of art hewn in granite. Altho a docu- material success said what of the Little Red Library. ist, made what he thought im- at I’ll bring with me the By mall: were ■ all. one that ment prepared for the political strug- Ed. Note. ! they wanted —This booklet of the Little provements and prevailed upon the here. ~ It-tS par year 93.50....A months »100._.i months I to say instead of what should be I made J begin: What is gles of the hour of Its publication and Red Library can be had from the Faris club to accept this document. , Communism? And then right after problems By mail (In Chicago only): said. The biblical quotation above seems to fit tho dealing with character- f 1.06 per year months $2.50._9 months DAILY WORKER Publishing Co.— But in a later meeting the decision . -
181 Chapter VII a World of Many
181 Chapter VII A World of Many: Giving up the Belief in the Possibility of Universal Rule (1648/59 – 1714) A Description of the “State” of the Holy Roman Empire Slightly less than twenty years after the treaties of Munster and Osnabrück, the jurist and historian Samuel von Pufendorf (1632 – 1694) clad his description of the Holy Roman Empire into a fictitious travel report. He took the role of a Veronese citizen named Severinus de Monzambano, explaining to his alleged brother the oddities of the form of government of the Empire. The choice of Veronese identity had not been random, as the city of Verona the lay on Venetian territory and, from the fourteenth century, Venice had no longer been considered part of the Empire,1 from the turn towards the sixteenth century even as the foe of the Emperor. Pufendorf explained the form of government of the Empire in historical terms, described the processes by which the centre of rule had shifted from the Italian Peninsula to areas north of the Alps and, at the very beginning of his report, made it clear that the Empire was known by the wrong official name. Instead of “Holy Roman Empire”, it should, Pufendorf insisted, be called the “new state of the Germans”, because it had nothing to do with the ancient empire of the Romans. It was a grave mistake, he wrote, to believe that this ancient empire of the Romans had continued to be in existence. Quite on the contrary, the empire, whose capital the city of Rome had once been, had been destroyed. -
Utopia & Terror in the 20Th Century.Pdf
Utopia and Terror in the 20th Century Part I Professor Vejas Gabriel Liulevicius THE TEACHING COMPANY ® Vejas Gabriel Liulevicius, Ph.D. Associate Professor of History, University of Tennessee Vejas Gabriel Liulevicius was born in Chicago, Illinois. He grew up on Chicago’s Southside in a Lithuanian- American neighborhood and spent some years attending school in Aarhus, Denmark, and Bonn, Germany. He received his B.A. from the University of Chicago. In 1989, he spent the summer in Moscow and Leningrad (today St. Petersburg) in intensive language study in Russian. He earned his Ph.D. from the University of Pennsylvania in European history in 1994, specializing in modern German history. After receiving his doctorate, Professor Liulevicius spent a year as a postdoctoral research fellow at the Hoover Institution on War, Peace, and Revolution at Stanford University in Palo Alto, California. Since 1995, he has been a history professor at the University of Tennessee in Knoxville. He teaches courses on modern German history, Western civilization, Nazi Germany, World War I, war and culture, 20th-century Europe, nationalism, and utopian thought. In 2003, he received the University of Tennessee’s Excellence in Teaching award. Professor Liulevicius’s research focuses on German relations with Eastern Europe in the modern period. His other interests include the utopian tradition and its impact on modern politics, images of the United States abroad, and the history of Lithuania and the Baltic region. He has published numerous articles and his first book, War Land on the Eastern Front: Culture, National Identity and German Occupation in the First World War (2000), published by Cambridge University Press, also appeared in German translation in 2002.