Greek Political Heritage and Totalitarianism

1940 ◽  
Vol 2 (2) ◽  
pp. 218-225 ◽  
Author(s):  
C. J. Friedrich
Keyword(s):  
The State ◽  
Small Island ◽  
Natural Right ◽  
Law Of Nature ◽  
Classical Statement ◽  
Political Advantage ◽  
The Right ◽  
The Guardian ◽  
Sense Of Justice ◽  
Philosophical Doctrine

IN A FAMOUS dialogue between the Athenian ambassadors and the Council of the small island of Melos, Thucydides has given the classical statement of the “right” of the stronger. “The brave Milesians soon see that they cannot appeal to the Athenians' sense of justice, because the Athenians recognize no standard but their own political advantage…By making the Athenians justify the right of the stronger through the law of nature, and transform God from the guardian of justice into the pattern of all earthly authority and force, Thucydides gives the realistic policy of Athens the depth and validity of a philosophical doctrine.” The Dutch, in the days of Peter Breughel, used to say: “the big fish devour the little fish” to which Spinoza added “by natural right.” That is the doctrine of the “state,”as inherited from the Greeks. Similar situations still haunt us. Did the Russians by natural right seek to destroy Finnish independence?

Locke and Nozick on Property

1982 ◽  
Vol 30 (1) ◽  
pp. 28-41 ◽  
Author(s):  
S. B. Drury
Keyword(s):  
Private Property ◽  
Right To Life ◽  
Natural Right ◽  
Law Of Nature ◽  
The Law ◽  
The Right

In this paper I hope to show that the differences between the Lockian and Nozickian ideas regarding the foundation of private property are far greater than is generally assumed. My purpose is not to criticize Nozick, but to show that the accepted interpretation of Locke on which he relies is mistaken. In particular, I hope to show (1) that the theory of appropriation by labour is not applicable after the invention of money; and is meant to show that the right to property is based on the right to life and self-preservation, and (2) that property arrangements after the introduction of money are justified primarily by utility rather than natural right, and (3) that the conditions created by the invention of money make the ‘regulation’ of private property necessary for the preservation of mankind which is required by the law of nature.

ANALISIS YURIDIS PENETAPAN WALI BADAN YG NGAWAS OLEH BHP DALAM RANGKA MELINDUNGI WEWENANG KEPERDATAAN ANAK (CONTOH PUTUSAN NOMOR: 0014/PDT.P/2015/PA.MN).

2019 ◽  
Vol 1 (2) ◽  
pp. 902
Author(s):  
Rhenal Cokronegoro ◽  
Mulati .
Keyword(s):  
The State ◽  
Human Beings ◽  
Rights Of The Child ◽  
The Law ◽  
The Right ◽  
The Guardian

Children are gifts from God Almighty that we must guard and that we must protect, because children are also human beings who have rights and dignity as human beings. One of the rights of the child is the right to enjoy the wealth of his parents, including inheritance. Many children whose parents experience problems, such as divorce or one or both parents die. In order for a child to do a legal act, he needs a guardian in carrying out legal actions. Guardians here have a function to represent all children's needs in carrying out legal actions. In guardianship, there is a guardian’s overseer whose function is to oversee the guardian in terms of managing the assets of the child, in this case is the Heritage Hall. The Heritage Hall has two functions, namely as guardians of supervisors in charge of guarding guardians, as well as temporary guardians. The problem here is that the Heritage Hall is not cared for by the community, so not all guardianship verdicts use the trustees in it. whereas the Law clearly stipulates that the Heritage Hall must be the trustee in every trusteeship order ordered in the State of Indonesia.

Leviathan No More: The Right of Nature and the Limits of Sovereignty in Hobbes

2016 ◽  
Vol 78 (2) ◽  
pp. 177-200 ◽  
Author(s):  
Christopher R. Hallenbrook
Keyword(s):  
The State ◽  
Political Society ◽  
Sovereign Power ◽  
Natural Right ◽  
State Of Nature ◽  
Political Work ◽  
The Right

AbstractThis article challenges the prevailing interpretations of Hobbes's thought as providing only minimal protection for the natural right of individuals in political society. Natural right requires the protection of not just the subjects' lives, but their ability to live commodiously, and as a result the protection that natural right receives in political society places substantive constraints on the actions of the sovereign. When those entrusted with sovereign power overstep this constraint, they cease to be sovereign and the former subjects are returned to the state of nature to seek protection as each judges fit. I develop the substance of commodious living more thoroughly than similar analyses and demonstrate that this understanding is not limited to Leviathan but can be found in Hobbes's earlier political work as well.

scholarly journals PERLINDUNGAN HUKUM PEMEGANG HAK ATAS TANAH DALAM PENGADAAN TANAH UNTUK KEPENTINGAN UMUM

2017 ◽  
Author(s):  
Muhammad Yusrizal
Keyword(s):  
Public Interest ◽  
Legal Protection ◽  
The State ◽  
The Public ◽  
The Government ◽  
The Right ◽  
Sense Of Justice

Land procurement is the act of the government to realize the availability of land to be used in various interests for development as the public interest. Limitations of land owned by the government takes the land derived from the community to facilitate the course of development for the public interest. The existence of the land needs to be used by the government in carrying out development activities, but in its implementation should not be detrimental to the rights of the landowners. Therefore, for the government which needs the land can not arbitrarily to take the land belonging to the community/the holder of the right to the land which area is affected by development for the public interest. Therefore, the state should provide guarantee and legal protection to the holder of the land in land procurement activity for public interest. So that the implementation of land procurement will be able to provide a sense of justice for the community affected by the development and provide security to the life of the community.

scholarly journals Kontroversi Pembentukan Perppu Nomor 1 Tahun 2013 Tentang Mahkamah Konstitusi Dalam Ranah Kegentingan Yang Memaksa

2014 ◽  
Vol 2 (1) ◽  
Author(s):  
Nur Rohim
Keyword(s):  
Government Regulation ◽  
The State ◽  
State Agency ◽  
Constitutional Court ◽  
Position Change ◽  
Equal Footing ◽  
History Of ◽  
The Right ◽  
The Guardian ◽  
Laws And Regulations

Abstract: The Controversy of Perppu Formation No. 1 in 2013 on the Constitutional Court in The Realm Emergency Force. The Placement of Government Regulation in Lieu of Law in the hierarchy of laws and regulations has the fluctuated time. This is an evident from the history of legislation in Indonesia, which puts Perppu on one side are on equal footing the law. The position change is caused due Perppu materially the same as the Act, and there are not formally Perppu Act but closer to the bill that implemented the Act because like the precarious conditions that force. The controversy also sparked debate later, whether the Court has the right to test Perppu or not, was the Parliament also has the authority to accept or reject the nearest Perppu during the trial. As for Perppu No. 1 of 2013 on the Constitutional Court established by the President to rescue the Court assessed by some not qualified in the realm crunch that forced, and even tended to be unconstitutional. However, some others assess in contrary has Perppu urgency to restore the name of the state agency that became the guardian of the constitution. Abstrak: Kontroversi Pembentukan Perppu No. 1 Tahun 2013 Tentang Mahkamah Konstitusi Dalam Ranah Kegentingan Yang Memaksa. Penempatan Peraturan Pemerintah Pengganti Undang-Undang dalam hierarki peraturan perundangundangan dari masa ke masa bersifat fluktuatif. Terlihat dari sejarah peraturan perundang-undangan yang menempatkan Perppu di satu sisi berada setara dengan undang-undang dan di sisi lain berada di bawah undang-undang. Hal ini disebabkan karena secara materiil Perppu sama dengan undang-undang, dan secara formil Perppu bukanlah undang-undang, tetapi lebih dekat kepada RUU yang dilaksanakan laksana undang-undang karena kondisi genting yang memaksa. Perdebatan yang muncul, apakah MK berhak menguji Perppu atau tidak, sedang DPR juga memiliki kewenangan untuk menerima atau menolak Perppu pada masa sidang terdekat. Begitu pula halnya Perppu No. 1 tahun 2013 tentang MK yang dibentuk oleh Presiden guna penyelamatan MK dinilai oleh tidak memenuhi syarat dalam ranah kegentingan yang memaksa, bahkan cenderung inkonstitusional. Akan tetapi sebagian menilai sebaliknya, Perppu ini memiliki urgensitas guna memulihkan nama lembaga negara yang menjadi pengawal konstitusi ini DOI: 10.15408/jch.v1i1.1454

scholarly journals THE BALANCE OF IMPLEMENTATION BETWEEN PROJUSTITIA AND IMMIGRATION ADMINISTRATION ACTION

2018 ◽  
Vol 1 (2) ◽  
pp. 119-122
Author(s):  
Budy Mulyawan ◽  
Silvester Yansen Halawa ◽  
Raden Kevin Fabio Winata
Keyword(s):  
Human Rights ◽  
Human Movement ◽  
The State ◽  
Complex Problems ◽  
The Right ◽  
The Guardian ◽  
Administrative Actions

In the current era of globalization, it is very common for humans to travel between countries. The freedom of human movement to move between countries is a basic or human rights guaranteed in the constitution. This migration right is regulated in Article 28E of the 1945 Constitution (Amendment), which determines that: "Every citizen is free to choose a place to live in the territory of the country and leave it, and the right to return." But in its development more complex problems arise which forces all parties to focus their attention on solving this problem. Of course attention is focused on the immigration institution as the guardian of the state gate, meaning as a spearhead in facing and selecting foreigners who enter or monitor foreigners in Indonesia. In carrying out its own functions Immigration agents have been provided with laws that are used in carrying out their obligations. UU no. 6 of 2011 concerning immigration is the main weapon in handling the problem of foreigners who will or have entered the territory of Indonesia. The actions taken against foreigners who commit violations in Indonesia are by pro-justisia or by immigration administrative actions (TAK).  

scholarly journals Konstitusi dan Nomenklatur Kebebasan Beragama: Pengalaman Berbagai Negara

2020 ◽  
Vol 7 (1) ◽  
pp. 57-82
Author(s):  
Ismatu Ropi
Keyword(s):  
Religious Freedom ◽  
The State ◽  
Constitutional Rights ◽  
Natural Right ◽  
The Public ◽  
State Constitutions ◽  
Majority Group ◽  
The Public Sphere ◽  
The Right ◽  
In The Beginning

This article examines the idea of religious freedom as the constitutional rights of some countries. In the beginning, the principles of freedom of religion (liberty of religion) was deeply rooted and strongly associated with the concept of 'freedom of thought and conscience', a phrase that first appeared in the Westphalia Treaty of 1648 which ended a long war in the name of religion in Europe. In this context, religious freedom was understood as freedom to believe (or not believe), adhere (or not adhere) to a religious proposition, belief or doctrine on the basis of individual experience or reasoning. It also contained the freedom to change that belief at any time if desired for the reason that basically human being through out his/her life continues to carry out what to be called as the process of preference and selection from the 'better' life. Nevertheless, religious freedom is not merely a natural right belonging to every individual but in turn also a given right granted by the state as a political authority manifested later in the respective Constitution. For this reason, the state as the holder of the people's mandate has the right to take actions in maintaining this order which in turn may in principle be possible to limit the rights of the community itself, including those relating to religion. Hence this article discusses several important matters on the issue. First, how and to what extent international law guarantees religious freedom normatively; second, how do the general portrait of various state constitutions when discussing religious freedom, and third, to what extent freedom is practically influenced by conditions such as the concept of the public sphere and the existence of a dominant majority group.

scholarly journals REALIZATION OF THE RIGHT OF REBELLION: FROM THE MANIFESTATION OF DEMOCRACY TO A CRIME AGAINST THE STATE

2019 ◽  
Vol 4 (5) ◽  
pp. 233
Author(s):  
Yurii Orlov ◽  
Andrii Yashchenko ◽  
Yevheniia Hladkova
Keyword(s):  
State Power ◽  
The State ◽  
Law Enforcement Agencies ◽  
Natural Right ◽  
Essential Condition ◽  
Political Actors ◽  
Legal Assessment ◽  
Probable Reaction ◽  
Democratic Principles ◽  
The Right

The objective of the article is to identify, describe, and explain the grounds and conditions for realizing the right of rebellion, delimitation of the relevant democratic procedures from anti-state crimes. The main results of the research are that we have established the liberal and democratic principles for the realization of the right of rebellion. It has been established that it can be realized only on the grounds of the extreme necessity in restoring the rule of law, that is, while having an exclusively criminal and preventive purpose. We have also discovered that both a democratic procedure of realizing the right of rebellion can be solely considered on condition of sufficient justification, proof of the long ineffectiveness of other means of influencing the criminalized apparatus of the state, in particular judicial ones. It has been substantiated that the essential condition for the realization of such a right is the critical level of nonconfidence to the personnel of the highest agencies of state power in the overwhelming majority of the population, as well as the actual impossibility to apply (implement) the statutory forms of influence on their personnel. It is mandatory to consider the requirement of ensuring national security on the basis of a scientifically grounded criminological forecast of the deployment of mass resistance, taking into account the probable reaction to it by the subjects of international law. Thus, the realization of the right of rebellion should be non-violent. In all other cases, there is a criminal seizure of state power. The applied value of the research is the fact that due to the developed system of grounds and conditions for realizing the right of rebellion, the latter, as it is, may be delimitated from political criminal practices aimed at dismantlement of the Constitutional statehood, the seizure of state power. The results of the research may also be taken into account by political actors, as well as law enforcement agencies, courts while criminological substantiation, prediction of mass resistance measures, and legal assessment of such actions. Value/originality. The authors of the work have improved the criminological vision of the movement of mass resistance, which can take place both in the form of the realization of the natural right of rebellion and in the form of anti-state crimes. The use of these developments can be useful in the retrospective legal assessment of the situation of mass protests, forms, means, and consequences of responding to them by the authorities, preventing abuse of the right of rebellion and related crimes.

Locke on Punishment, Property and Moral Knowledge

2009 ◽  
Vol 6 (2) ◽  
pp. 218-244 ◽  
Author(s):  
Lee Ward
Keyword(s):  
Political Theory ◽  
Moral Knowledge ◽  
Executive Power ◽  
Natural Right ◽  
Philosophical Significance ◽  
Law Of Nature ◽  
Theoretical Innovation ◽  
The Many ◽  
The Individual ◽  
The Right

AbstractLocke's admittedly 'very strange' sounding doctrine of natural executive power, according to which the individual has the right to execute the law of nature, has long been one of the most controversial features of his moral philosophy. In contrast to the many commentators who deny its theoretical innovation and challenge its individualist premises, this study proposes that the philosophical significance of Locke's natural right to punish derives from its critical departure from earlier moral and political theory. It also argues that the individualist political and religious implications of the natural punishment doctrine are only fully intelligible in light of Locke's theory of property and the assessment of the epistemological limits and possibilities for acquiring moral knowledge in his Essay Concerning Human Understanding.

scholarly journals LEGAL EDUCATION AS A METHOD FOR MITIGATING DEVIANT BEHAVIOR OF MINORS

2017 ◽  
Vol 6 (2) ◽  
Author(s):  
Nataliia Martynova ◽  
Nataliia Borovkova
Keyword(s):  
Deviant Behavior ◽  
Moral Motivation ◽  
Legal Education ◽  
Legal Culture ◽  
Educational Environment ◽  
Individual Behavior ◽  
The State ◽  
Behavior Based ◽  
The Right ◽  
Sense Of Justice

Abstract. This article studies legal education as a method for mitigating deviantbehavior of minors. It analyzes importance of legal culture of teens that can be fostered by forms and methods of educational environment, improves activity of the young, regulated individual behavior based on moral motivation of the personality. Need and expediency of sense of justice which acquaints minors with knowledge of the state and the right, legality, the rights and personal freedoms, development at teenagers of steady orientation to law-abiding behavior is defined.Keywords: legal education, educational environment, deviant behavior, moralmotivation.

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