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Mansfieldism: Law and Politics in Anglo-America, 1700-1865Buehner, Henry Nicholas January 2014 (has links)
Lord Mansfield is typically remembered for his influence in common law and commercial law, and his decision in Somerset v. Stewart , which granted a slave, brought to England, habeas corpus to refuse his forced transportation out of that nation by his master. Both conditions allowed observers to praise him for what they viewed as very modern notions about economy and society (capitalism and anti-slavery, respectively). Mansfield's primary position as Chief Justice of King's Bench in England, which contributed most of the only published material from him, shielded him from any scrutiny about his wider influence in general British governance in the period of his public career, roughly 1740-1790. Throughout his career, Mansfield played a large role in the general government of the British Empire. Beginning with his role as Solicitor General in 1742 and continuing after he became Chief Justice in 1756, Mansfield interacted and advised the highest members of the British ruling elite, including the monarch. Because the nature of British governance in the 18th Century was very porous, Mansfield partook in the exercise of legislative (through his seats in the House and Commons and Lords), executive (through a formal seat on the Privy Council and later in the King's Closet), and judicial (through his roles as Solicitor and Attorney General, Chief Justice of King's Bench, and temporary positions as Lord Chancellor) power practically simultaneously throughout his career. In these capacities, Mansfield contributed to imperial policy at a critical moment. He was a champion for the British Empire as the beacon of the most perfect society at that time - a perspective he developed through his education and experiences during the crucial formative years of the British nation. He channeled his support for Britain into a seemingly rigid dogma that saw any threat or challenge to British authority or culture as inherently illegitimate. In this regard, Mansfield favored British domination over the other imperial powers, and he immediately rejected the earliest complaints of the Americans over British rule. Because of the nature of his position within British governance, Mansfield's view remained constant in a government that witnessed continual turnover. The potential of Mansfield's influence was not lost upon the public. Many factions from "true Whigs" such as John Wilkes, and American patriots viewed him as the epitome of the problem with the British government-its seemingly arbitrary, unconstitutional, and tyrannical posture toward everything. Mansfield posed a particular challenge for these groups because he was a Chief Justice, and they believed he was supposed to adhere to a strong notion of justice. Instead, they saw him continually leading their repression, and so they questioned the basis of the whole British system. Through pamphlets, newspapers, and visual prints, these groups identified Mansfield as a key conspirator, which they attributed to an anti-British disposition. In these ways, Mansfield and his opponents squared off over the definition of true Britishness internally and imperially. When these opponents gathered enough strength (Londoners during the Gordon Riots, and Americans with their War of Independence), they aimed to pull down Mansfield and his comrades for their violations. The former failed to overthrow society, but they arguably hastened a change in government. The latter succeeded in their movement to exit the Empire. The Revolution was not a total transformation for the Americans, however. They struggled to define their new nation and America had similar imperial aspirations. In this environment, Mansfield was the quintessential symbol of early national "leaders" bipolar attitudes towards Britain. Some leaders such as John Adams embraced their British heritage, and used Mansfield as a model to develop a strong, centralized, commercial nation. Other leaders such as Thomas Jefferson saw Mansfield as the chief villain to the idea of America. Jefferson coined the phrase "Mansfieldism" which he identified as a caustic relationship between law and government that favored the development of political and legal elitism that challenged the interests and participation of common citizens. Jefferson viewed Mansfield as the essential symbol of the American anti-revolution. These first-generation independent Americans both remembered Mansfield for his direct participation in the imperial crisis, but for Adams and his fellow Federalists, they had to initiate redemption for Mansfield to justify their program to create America. The redemption was successful. American institutions used Mansfield to fine-tune the balance between their British heritage and uniquely American outlook. As successive generations of Americans emerged into the political sphere, they remembered his seemingly progressive positions on law and society as presented through his court decisions over his actual participation against their independence. Especially through a selective reading of his decision in Somerset, Mansfield became the legal prophet for abolitionist nationalism. His decision arguably provided a legal precedent against the institution of slavery, but it more importantly transformed into the moral imperative of the movement. In this manner, Mansfield became fully redeemed among Americans. / History
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Dwelling in the Vision of Utopia: A Politico-Religious Reading of Tao QianLian, Jiani 17 July 2015 (has links) (PDF)
The present work offers a critical analysis of Tao Qian’s political and religious thought from readings of his poetic works. Focused on Tao Qian’s writings about the “Way” and the crisis of the “Way”, I examine how he constructs his political utopia and religious utopia that stand out as his response to the multidimensional existential crisis. Chapter 1 provides a summary of Tao’s depictions of the “Way” and the crisis of the “Way”, which serves as the textual ground of this study. Chapter 2 introduces the interdisciplinary methods that I have adopted to read and understand Tao Qian. Basically this study is informed by ideas and insights from modern disciplines of political thought and religious studies. Chapter 3 focuses on Tao Qian’s political utopia and discloses the philosophical traditions and personal innovations of Tao's political thought. Chapter 4 introduces Tao Qian’s religious utopia, with focus on how he manifests the sacred world and how he proposes to get to the sacred.
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Founding and re-founding : a problem in Rousseau's political thought and actionHill, Mark J. January 2015 (has links)
protein chemistry, unnatural amino acids, chemical biology, proteomicsThe foundation of political societies is a central theme in Rousseau's work. This is no surprise coming from a man who was born into a people who had their own celebrated founder and foundations, and immersed himself in the writings of classical republicans and the quasi-mythical histories of ancient city-states where the heroic lawgiver played an important and legitimate role in political foundations. However, Rousseau's propositional political writings (those written for Geneva, Corsica, and Poland) have been accused of being unsystematic and running the spectrum from conservative and prudent to radical and utopian. It is this seeming incongruence which is the subject of this thesis. In particular, it is argued that this confusion is born out the failure to recognize a systematic distinction between "founding" and "re-founding" political societies in both the history of political thought, and Rousseau's own work (a distinction in Rousseau which has rarely been noted, let alone treated to a study of its own). By recognizing this distinction one can identify two Rousseaus; the conservative and prudent thinker who is wary of making changes to established political systems and constitutional foundations (the re-founder), and the radical democrat fighting for equality, and claiming that no state is legitimate without popular sovereignty (the founder). In demonstrating this distinction, this thesis examines the ancient concept of the lawgiver, the growth and expansion of the idea leading up to the eighteenth century, Rousseau's own philosophic writings on the topic, and the differing political proposals he wrote for Geneva, Corsica, and Poland. The thesis argues that although there is a clear separation between these two types of political proposals, they remain systematically Rousseauvian.
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Monarchy and political community in Aristotle's PoliticsRiesbeck, David J., 1980- 10 July 2012 (has links)
This dissertation re-examines a set of long-standing problems that arise from Aristotle’s defense of kingship in the Politics. Scholars have argued for over a century that Aristotle’s endorsement of sole rule by an individual of outstanding excellence is incompatible with his theory of distributive justice and his very conception of a political community. Previous attempts to resolve this apparent contradiction have failed to ease the deeper tensions between the idea of the polis as a community of free and equal citizens sharing in ruling and being ruled and the vision of absolute kingship in which one man rules over others who are merely ruled. I argue that the so-called “paradox of monarchy” emerges from misconceptions and insufficiently nuanced interpretations of kingship itself and of the more fundamental concepts of community, rule, authority, and citizenship. Properly understood, Aristotelian kingship is not a form of government that concentrates power in the hands of a single individual, but an arrangement in which free citizens willingly invest that individual with a position of supreme authority without themselves ceasing to share in rule. Rather than a muddled appendage tacked on to the Politics out of deference to Macedon or an uncritical adoption of Platonic utopianism, Aristotle’s defense of kingship is a piece of ideal theory that serves in part to undermine
the pretensions of actual or would-be monarchs, whether warrior- or philosopher-kings. / text
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The concept of enmity in the political philosophy of HobbesJaede, Maximilian January 2015 (has links)
To the author's knowledge, this is the first systematic study of the concept of enmity in the political philosophy of Thomas Hobbes. Examining this important category does not only elucidate the concept itself, but also provides an opportunity to reconnect fragments of Hobbes's thought that are increasingly being treated as disparate subjects. It is suggested that the notion of enmity can shed further light on related aspects of his political philosophy, including human competitiveness, the roles of fear and trust, the evil of violent death, the status of rebels, and his theory of international relations. In addition, the subject invites a rethinking of Hobbes's place in the history of political thought. It is argued that he was among the first to make enmity a central subject of political philosophy. This seems to be related to Hobbes's break with the traditional notion of natural sociability, as a consequence of which he describes the natural condition of mankind as a war of all against all. Although Hobbes depicts human beings as natural enemies, he holds that enmity does not exclude the possibility of reconciliation; individuals can supposedly overcome their hostility through subjection to a sovereign. These views give rise to a dynamic distinction between public and private enmity, according to which outright hostility can be transformed into private rivalry if human beings renounce their natural right of war. Conversely, subjects become public enemies if they rebel against the sovereign. Hobbes's views on natural enmity and reconciliation also have important implications for his theory of international relations. This thesis particularly highlights the possibility that states can be decomposed and reassembled after a foreign invasion, which precludes wars of annihilation.
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Nedobrý král Václav? Sesazení "líného krále" v kontextu politického a právního myšlení pozdního středověku / Bad King Wenceslas? Deposition of the "Idle King" in the Context of Political and Legal Thought of the Late Middle AgesVanča, Matouš January 2015 (has links)
This master's thesis focuses on the deposition of the king Wenceslas (1361-1419) from the throne of the Holy Roman Empire. The dethronement act was realised in August 1400 by four Rhenish electors (Count Palatine and archbishops of Mainz, Cologne and Trier) after years- long preparations. The first chapter briefly questions the possibility of king's deposition in medieval political thought. The second chapter describes long political fights in the Holy Roman Empire before 1400 and highlights the most important events which finally led to the king's deposition, such as the fight for the controll over the archbishopric of Mainz. The third chapter analyses the legal dimension of the dethronement act and puts forward possible interpretation of its role in the constitutional history of the Holy Roman Empire. The elector's activity can be understood as a part of long-term growth of political power of the electoral college, as it was codified in the Golden Bull of Charles IV.
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Spis Bernarda Bolzana " O nejlepším státě " v kontextu politického utopismu 16. - 19. století. / Bernard Bolzano's work " On the Best State " in the context of political utopianism from 16th to 19th century.Jiras, Jakub January 2019 (has links)
This diploma thesis is focused on the part of the work of important philosopher and mathematician Bernard Bolzano, which is currently rather neglected. It is his utopian writing On the best state. The aim of my thesis is to find out (through the analysis of the selected representatives of the utopian genre from the 16th to half of the 19th century and their consequent comparison with Bolzano's utopia), where to put the book On the best state in context of European utopian thought. In Czech literature Bolzano's writing is considered to be an example of rationalistic utopia of Enlightenment; however this statement hasn't been proven by deeper comparative analysis. That's why this diploma thesis tries to review this statement in order to either confirm it or define newly the position of Bolzano's book in the history of political utopianism. The thesis is divided into four chapters. The first one gives basic introduction to Bolzano's professional and personal life, which is necessary for better understanding of his political thought. The second part analyzes important European utopias of Renaissance, Enlightenment as well as the utopias of the first half of the 19th century. The main part of this thesis is the chapter three, where are discussed selected political, economical and social aspects of the...
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A distância entre as Américas: uma leitura do Pan-americanismo nas primeiras décadas republicanas no Brasil (1889-1912) / The distance between the Americas: a reading of Pan-amercanism in the early decades of the republic in Brazil (1889-1912)Ré, Flávia Maria 16 February 2011 (has links)
Este trabalho procura analisar o processo de americanização republicana no Brasil, entre 1889 e 1912. Pretende-se assim, discutir as interpretações dos intelectuais brasileiros construídas em torno do tema do Pan-americanismo, assim como quais foram alguns dos argumentos que contribuíram para o estabelecimento de proximidades e de distanciamentos entre o Brasil e os Estados Unidos e entre o Brasil e os demais países latino-americanos nas primeiras décadas republicanas. Este procedimento possibilitou ainda, compreender as interpretações em torno dos temas raça e civilização, sendo analisadas através do debate intelectual do período no Brasil / This work is an attempt at analyzing the process of political alignment with America that took place in the first years of the Brazilian Republic between 1889 and 1912. Hence, it aims at investigating the interpretations built around the theme of Pan- Americanism by the Brazilian intellectuals of the time, providing a better understanding of the arguments that contributed to the justification of proximities and distances between Brazil and the United States, as well as among Brazil and the other Latin American countries in the first decades of the Republic. This procedure has also enabled a better insight into the then current interpretations encompassing the themes of race and civilization taking place in the intellectual debate of the period in Brazil.
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O privatismo e a ordem privada: a leitura do Brasil na sociologia política de Nestor Duarte / Privatism and private order: the reading of Brazil in the political sociology by Nestor DuarteGomes, Rafael 08 January 2008 (has links)
O tema desta dissertação é o pensamento político de Nestor Duarte. O objetivo é demonstrar, através da análise do conceito de Ordem Privada, que o diferencial de sua obra reside na ênfase que dá ao político e ao modo como o faz. Formulado inicialmente em sua obra mais conhecida Ordem Privada e Organização Política Nacional: Contribuição à Sociologia Política Brasileira (1939), e posteriormente reiterado em A Reforma Agrária, livro de 1953, o conceito implica não apenas a constatação do privatismo em sua versão mais radical, mas também leva a identificar que o problema central do fenômeno é a constituição de uma profunda organização social, que ao mesmo tempo em que aparece como se substituísse o Estado revela-se o seu contrário, sempre voltada para os particularismos e não para o que é público, mais coletivo. O trabalho baseia-se nestas duas obras, inserindo-as no conjunto da obra duarteana, identificando os principais componentes do diagnóstico de ordem privada nesta leitura, procurando explicar o porquê de considerá-la uma sociologia política e qual sua contribuição e, finalmente, como a reforma agrária apresenta-se como solução para o problema. / The argument of this dissertation is the political thought of Nestor Duarte. The objective is to demonstrate that, analyzing the concept of Private Order, is the emphasis in political aspect and the manner to do what is unlike in his workmanship. Beginning formulated in his workmanship more knowed Ordem Privada e Organização Política Nacional: Contribuição à Sociologia Política Brasileira (1939) and reiterated in A Reforma Agrária, book of 1953, the concept not implicates only in to conceive the privatism in the more radical version, but also conduct to the identification as being constitution of strength social organization that appears as substituted of State and, in truth, reveals his contrary, always destined for particular interests and not for what is public, more collective. The work bases in this two workmanships, placed it in the set Duarte\'s workmanship, identifying the principal components of sentence of private order I this reading, explaining the what of think it as an political sociology and who his contribution en, finally, as the agrarian reformer is presented as solution for the problem.
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Política e literatura em Grande Sertão: VeredasCastro, Antônio Carlos Drummond Monteiro de 25 June 2013 (has links)
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Previous issue date: 2013-06-25 / Conselho Nacional de Desenvolvimento Científico e Tecnológico / This study aims at analyzing the literary work Grande Sertão: Veredas / The Devil to Pay in the Backlands under a politics perspective. As such, it sets out to analyze the narrator‟s mediation to communicate the novelist‟s thoughts. The narrative makes use of political, legal, historical and powerful literary resources. In the last twenty years, the high quality of the studies and essays on Guimaraes Rosa‟s work under the politics perspective has followed suit the well-known diversity of his books‟ themes. The polysemy in Riobaldo‟s name, as well as in his nicknames, has been highlighted by several critics and essayists. In this study, Baldo and Secretario convey the power/force/energy and role of the law and the war in the novel, which, in its turn, leads to a set of indices that points out to an unusual form of evidence: what weighs less, what does not show much or, what has been strategically scattered throughout the text; or, in addition, indices that were sifted out of his own history. They provide stronger evidence because they are difficult to notice; once they are, they strongly validate what is easy to see. This methodology suits a work where the subordinate relationships are weakened; or the relationships are subtly accomplished, in the fashion of a mobile. Through his language, the author gives us the arts of the language and the law, which will set the Art of Governing/the Art of Government/the Art of Governance / O objeto de nosso trabalho consiste em penetrar na obra literária Grande Sertão: Veredas sob a perspectiva da política. E, como tal, precisamos partir da mediação do narrador, desdobramento do romancista, que comunica o seu pensamento. Narrativa que se utiliza de instrumentais político, jurídico, histórico e intensos recursos literários. Nos últimos vinte anos, a excelência dos estudos e ensaios sob a perspectiva política acerca da obra de Guimarães Rosa vem sendo acompanhada pela conhecida diversidade de temas de seus livros. Riobaldo carrega polissemias em seu nome já destacadas por diversos críticos e ensaístas; de modo semelhante, os seus apelidos. No nosso estudo, Baldo e Secretário indicam o peso e o papel do direito e da guerra no romance que, por sua vez, nos leva a um conjunto de índices que aponta para um modo não habitual de prova: aquilo que pesa pouco, que pouco aparece ou, então, que alguns achados vão sendo deixados estrategicamente ao longo do texto; ou, ainda, índices depurados de sua história. Eles provam mais porque difíceis de serem percebidos; uma vez que sejam, confirmam com mais força aquilo fácil de ver. Essa metodologia se adéqua a uma obra em que as relações subordinadas são enfraquecidas; ou ainda, as relações se efetivam sutilmente, ao modo de um móbile. Através de sua língua própria, o autor nos traz as artes da linguagem e do direito que imprimirão a Arte de Governar
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