The Identity and Limits of the Constituent Subject

2020 ◽  
pp. 127-160
Author(s):  
Joel Colón-Ríos
Keyword(s):  
19Th Century ◽  
Natural Law ◽  
Historical Context ◽  
Popular Sovereignty ◽  
Constituent Power ◽  
Parliamentary Sovereignty ◽  
Concrete Form

This chapter considers the legal and institutional implications that different 19th-century authors derived from the theory on constituent power and that, in many cases, were reflected in actual constitutional practice. Part I briefly examines the general historical context in which the works discussed in the chapter were written. Part II considers the constitutional theories of a group of authors who focused on the exclusive character of the nation’s constituent power. Theirs were theories that largely rejected the English tradition of parliamentary sovereignty, that is, of a parliament able to engage in both constituted and constituent activity. Importantly, these conceptions were developed at a time when it was not uncommon for written constitutions to lack amendment rules. Part III considers the work of a group of authors who, while largely operating under the Sieyèsian ‘constituent power of the nation’ approach, attempted to provide a more concrete form to ‘the nation’ without fully embracing Rousseau’s system of popular sovereignty. Finally, Part IV examines the work of authors who approach the theory of constituent power from a natural law perspective.

Rex, Lex et Judex

2008 ◽  
Vol 4 (2) ◽  
pp. 274-301 ◽  
Author(s):  
K.M. Schönfeld
Keyword(s):  
Natural Law ◽  
Historical Context ◽  
Text Reading ◽  
George Buchanan

Doubts about the traditional, positivistic interpretation of Montesquieu's ‘bouche de la loi’-text – Reading Montesquieu in his historical context – England and France: judge made law and parlementaire ideology – Natural law context – Lex animata, lex loquens: King versus judge – The Ciceronian and English background of the ‘bouche de la loi’ – The Fronde and les Mazarinades – George Buchanan, Sir Edward Coke and Calvin's Case

scholarly journals Human Rights and Human Nature

2016 ◽  
Vol 28 (4) ◽  
pp. 523-534
Author(s):  
Jean Rhéaume
Keyword(s):  
Human Rights ◽  
Human Nature ◽  
Natural Law ◽  
Historical Context ◽  
Human Being ◽  
Positive Law

At least two important consequences follow from the fact that human rights are based on human nature. First, they exist according to natural law even in cases where positive law does not recognize them. Secondly, they cannot evolve because the nature and purpose of the human being does not change: only their formulation and level of protection in positive law can vary according to the socio-historical context.

Historiography of one city: colonialism, colonization, frontir. On the historiography of the history of functioning of the fortress city of the left wing of the Caucasian cordon line on the example of the history of Kizlyar in the first half of the 19th century

2020 ◽  
Vol 2020 (12-3) ◽  
pp. 250-258
Author(s):  
Mahomed Gasanov ◽  
Abidat Gazieva
Keyword(s):  
19Th Century ◽  
Historical Context ◽  
Left Wing ◽  
Theoretical Concepts ◽  
History Of ◽  
The 19Th Century ◽  
The City

The article is devoted to the analysis of the historiography of the history of the city of Kizlyar. This issue is considered in the historical context of the Eastern Caucasus. The author analyzes the three main theoretical concepts of the problem concerning Russia’s policy in the region, using the example of the city of Kizlyar in the context of historiography.

On the authorship and publication dates of Theraphosa and Theraphosidae (Araneae, Mygalomorphae): a clarification

Bionomina ◽  
2021 ◽  
Vol 24 (1) ◽  
Author(s):  
RAINER BREITLING
Keyword(s):  
19Th Century ◽  
Relevant Literature ◽  
Historical Context ◽  
Publication Date ◽  
Diverse Group ◽  
Early 19Th Century ◽  
The Family ◽  
Minority View ◽  
Case Based ◽  
Selection Of

The genus Theraphosa was established by Thorell (1870) as the type genus of the simultaneously published family Theraphosidae, the most diverse group of mygalomorph spiders. This authorship and publication date have long been accepted by the majority of authors. However, there has been a long-standing minority view that the genus name should be attributed to Walckenaer (1805), and the publication date of the family name changed to 1869.             A thought-provoking recent publication has examined this case. Based on a limited selection of the relevant literature, the authors struggled to make sense of their sources and prematurely concluded that the minority opinion might indeed be correct. They overlooked the potentially destabilising implications of this reattribution.             This paper revisits the evidence in the light of a much wider range of relevant publications, places it in its important historical context and, on the basis of the current rules of nomenclature, concludes that the traditional consensus has indeed been correct.                 Thus, Theraphosa Thorell, 1870 is the type genus of Theraphosidae Thorell, 1870 and a nomen protectum, while Theraphosa Schinz, 1823 is a nomen oblitum, mostly limited to the German textbook literature of the early 19th century. Teraphosa Eichwald, 1830 and Teraphosa Gistel, 1848 are junior synonyms of Avicularia Lamarck, 1818 (syn. nov.). Theraphosa Walckenaer, 1805 is a suprageneric name of the class-series (synonymous to Mygalomorphae) and not available at the genus level.

Nationalism and Siberian Archeology of the 19th Century

2021 ◽  
pp. 187936652110663
Author(s):  
Dmitry Mikhailov ◽  
Nikolay Ternov
Keyword(s):  
Cultural Capital ◽  
19Th Century ◽  
Middle Ages ◽  
Historical Context ◽  
Historical Research ◽  
Comparative Characteristic ◽  
National Movement ◽  
The World ◽  
National Environment ◽  
The 19Th Century

The article provides a comparative characteristic of the nationally motivated ethnocultural concepts of the 19th century, based on the interpretation of Siberian peoples` history. Finnish nationalism was looking for the ancestral home of the Finns in Altai and tried to connect them with the Turkic-Mongol states of antiquity and the Middle Ages. Under the influence of the cultural and historical theories of regional experts, the Siberian national discourse itself began to form, which was especially clearly manifested in the example of the genesis of Altai nationalism. Russian great-power nationalism sought to make Slavic history more ancient and connected it with the prestigious Scythian culture. If we rely on the well-known periodization of the development of the national movement of M. Khrokh, then in the theory of the Finns` Altai origin, we can distinguish features characteristic of phase “B,” when the cultural capital of nationalism gradually turns into political. In turn, the historical research of the regional specialists illustrates the earliest stage in the emergence of the national movement, the period of nationalism not only without a nation but also without national intellectuals. The oblasts are forming the very national environment, which does not yet have the means for its own expression, but it obviously contains separatist potential. At the same time, both the Finnish and Siberian patriots, with their scientific research, solved the same ideological task—to include the objects of their research in the world cultural and historical context, to achieve recognition of their right to a place among European nations. However, Florinsky’s theory, performing the function of the official propaganda, is an example of the manifestation of state unifying nationalism, with imperial connotations characteristics of Russia.

Laws, Liberties, and the Will of the People

2021 ◽  
pp. 155-177
Author(s):  
Sarah Mortimer
Keyword(s):  
The Netherlands ◽  
Natural Law ◽  
Popular Sovereignty ◽  
The Political ◽  
Dutch Revolt ◽  
Development Of Resistance ◽  
The People ◽  
The Will ◽  
Role Of Religion

From the 1560s, tensions between Protestant and Catholics escalated and this was accompanied by a wave of writing on political and religious ideas, especially in France and the Netherlands. There was a renewed interest in the nature and origins of authority within the political sphere, particularly the importance of the ‘people’ and the ways in which their will could be both represented and controlled. This chapter considers some of the key texts of resistance theory written in the 1560s and 1570s, including Francogallia and the Vindiciae, Contra Tyrannos in France, and George Buchanan’s De Jure Regni apud Scotos in Scotland. Discussions of liberty and privileges in the Netherlands during the Dutch Revolt are also considered; here historically based arguments began to be supplemented by appeals to wider principles of morality and natural law. The election of Henry of Valois to the Polish throne provides one example of elective monarchy in practice. This chapter discusses the role of religion and of legal arguments in the development of resistance theories. It also highlights some of the practical and conceptual difficulties in appealing to popular sovereignty, especially in a period of deep confessional divisions, and shows how the authority of magistrates could be understood in different ways.

The Explosion in Law Publishing

2021 ◽  
pp. 119-136
Author(s):  
Stuart Banner
Keyword(s):  
19Th Century ◽  
Natural Law ◽  
Common Observation ◽  
The 19Th Century

This chapter discusses the rapid proliferation of case reporting that took place in the 19th century. There were few published court opinions available to lawyers in the early part of the century. Lawyers necessarily grounded their arguments on broad principles, including principles of natural law. But by the century’s end, lawyers complained that they were drowning in reported cases. It was a common observation in the second half of the century that the glut of published opinions had changed the nature of law practice. Precedents had pushed principles aside. Natural law accordingly began to play a smaller role in litigation.

Three Themes in Sefer Ḥasidim

2020 ◽  
pp. 5-69
Author(s):  
Haym Soloveitchik
Keyword(s):  
Natural Law ◽  
Historical Context ◽  
Theoretical Evaluation ◽  
German Jews ◽  
Sources Of Authority ◽  
The Right ◽  
Sense Of Justice ◽  
Hasidei Ashkenaz ◽  
Talmud Torah ◽  
Common Perception

This chapter discusses how R. Yehudah he-Ḥasid's sense of right and justice, what he termed din shamayim (heavenly law), had little in common with halakhic norms; it resembled instead the 'natural law' of the Stoics, a sense of justice imprinted in all men's minds that guided them to a common perception of the right and the equitable. The meaning often given to din shamayim, the centrality attributed to it in the German Pietists' thought, and the image of the-Ḥasid as torn (consciously or not) between two competing sources of authority reveal more about the outlook of modern Jewish historiography than about the thinking of those medieval German Jews who so aspired to the epithet 'Ḥasidim'. The chapter then questions whether the celebrated remarks of Sefer Ḥasidim about talmud Torah and talmidei ḥakhamim constituted a theoretical evaluation of these institutions and thus expressed a basic axiological critique, or whether these words arose from a distinct historical context and possessed a specific address. It is the tosafist movement that forms the backdrop to Ḥasidei Ashkenaz. Much of Sefer Ḥasidim, both good and bad, is a product of and a response to the disruptive effects of the new dialectic.

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