...Many theories were based on the assumption that people are innately violent. So was Rousseau's in his famous work The Social Contract. And he gave reasons to the existence of individual desires. Rousseau expressed his objection to slavery as well as his denial of the arbitrary sovereign's perception that a slave yields to him both mentally and physically. That is, a man's desire will never vanish whatever he is and whenever it is. 'Desire' is essential to a man as well as his life. Conflicts are inevitable in the social process of advancing. Conflicts are displayed not only by individual behaviors but also by the class opposition. Take a revolution as an example. Many revolutions seemingly aimed at overthrow the former sovereign, a specific person. But in fact, a revolution mirrors the divergence between the upper class’s desires and the bottom’s wills. According to Rousseau’s insight, concluding the contract makes it easier to balance individual desires and avoid the excessive expansion of selfish. In addition, contract gives scope for egocentric behaviors. The contract is created to eliminate the vice of autarchy and make people feel equal although absolute equality will not be obtained in reality. For example, the abolishment of Russian serfdom in 1861 was a ‘contract’. The ‘contract’ enabled the serfs to regain freedom, pacifying them in a seemingly merciful manner. Desires to be equal somewhat fulfilled. On the other hand, contract entitles a nation to activate...
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...ordinary laws ▪ Not entrenched, constitution can be changed through the normal process for enacting statute law. ▪ Not judiciable, judges do not have legal standard to declare that actions of other bodies are constitutional/not constitutional. o However: ▪ No constitution is entirely written, written documents do not encompass all aspects of constitutional practice ▪ No constitution is entirely unwritten, no constitution consisting only of rules of conduct or behaviour. • Unitary and federal o Unitary – establish constitutional supremacy of central government over provincial and local bodies. Reflected in UK via Parliament o Federal – divide sovereignty between 2 levels of government, both central and regional posses a range of powers that the other...
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...Modern society owes much of its origin to a great upheaval in the 18th century, the French Revolution. It was one aspect of a broader pattern of change that, since the Renaissance and Reformation, has set the West on a different path of development from that of the rest of the world. This pattern included the individualism and, in the end, the secularism, that was the Protestant legacy. It also included the rise of science, as a method and as a practice. This culminated in explosive events toward the end of the 18th century. The French Revolution ‘was a phenomenon as awful and irreversible as the first nuclear explosion, and all history has been permanently changed by it.’ The French Revolution is largely regarded as an important event in modern international history because of the way it has had international impact and continued to have international repercussions and influences on society and thought today. This essay will look at different aspects of the French Revolution and discuss how the different components of the revolution have affected the world and the impact of these at the time of the event. For the purposes of this essay the French Revolution will be defined as the insurrection in France that began in 1789 and ended in 1815 with the defeat of Napoleon at the Battle of Waterloo. The actual dates of the revolution are widely contested but for the purposes of this essay, these dates will be used as a framework. Modern international will be assumed to mean the...
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...Answer choice A is false. Throughout the duration of the Lincoln-Douglas debates, Stephen Douglas stuck to his guns with the idea of popular sovereignty. In the PBS videos, he argued that the act of enslaving black Americans should be "put to a vote in the new states and territories." Popular sovereignty is the belief that the authority of a state and its government is created and sustained by the consent of its people, through their elected representatives, who are the source of all political power. By supporting the voting power of the people in the matter of slavery, Stephen indirectly advocated for popular sovereignty. Additionally, our textbook states: "Douglas championed popular sovereignty, whereby voters in each new territory would decide whether to allow slavery." This proves that Stephen Douglas was a strong supporter of popular sovereignty....
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...Insider, October 5) that the Malay Rulers “retained their sovereignty while under British rule, [even though] they were compelled to accept advice from their colonisers.” This may make practical sense to a political “spinmaster”, sloganeer or “message manager” and certainly to a political party leader and spokesman. But to an informed student of political philosophy it makes no good or clear sense. If by “daulat” one means a traditional aura of royal sanctity, grounded broadly in Southeast Asian (and originally Hindu-Buddhist) cosmology, then the largely powerless Malay Rulers may have enjoyed that kind of metaphysical prestige. The British not only permitted but actively encouraged them, in their mutual interest, to enjoy that kind of sublime elevation and closely managed dignity. But if one here means sovereignty in the jurisprudential and political-philosophical sense of absolute, or at least ultimate, reality-defining authority, then under the British the Malay Rulers were regrettably bystanders, or largely sidelined outsiders, to that kind of rule-grounding and law-founding political standing. That may be an unpalatable conclusion to draw. But unpleasant truths too must be faced. The Malay Rulers, sad though the point may be for many to accept, were not, during the years of British rule, the ultimate basis of effective, operative, everyday political reality. In that sense effective sovereignty had moved elsewhere. It had been seized and appropriated by...
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...Chapter 1: The Political Landscape Study Guide 1. Define politics. | | 2. How does the Constitution help "establish justice"? | | 3. According to the Preamble to the Constitution, what are the functions of government? | | 4. Define oligarchy, democracy, monarchy, tyranny, and totalitarianism. Give an example of each. | | |Oligarchy - | | | | | |Democracy - | | ...
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...2.03 The Anti-federalists My position as a federalist is to ratificate the constitution while also creating a strong central government by separation of both of the powers combined. All the federalists were always strong believers in the constitution, believing that this ratification was the only way they were all able to achieve a fair society where all people can all have their rights to liberty, life and the pursuit of happiness, while also wanting to help shape future analysis of the Constitution for the better and in beneficial ways. By them being able to build a sufficient government with the foundation of the basis of popular sovereignty, without the need of sacrificing any sovereignty of the varied states fairness of the new government, it can be secured and work as it should. The rich would be happy in this case, because they would feel like the new Constitution was benefcial on their part, because the fact that rich's votes would earn much more value than the less fortunate in the states like what they wanted to achieve. They can possibly keep the potential of tyranny from becoming something dangerous to their people and they know that safeguards they have with the government will keep it from overpowering. The constitution should be ratified as a Federalist because the nation might of never survived without the constitution by their side leading them and a stronger government was necessary at this very point in desperate time. The federalists explained...
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...FINAL PROJECT “ NATIONALISM AND DEMOCRACY” PREPARED AND SUBMITTED BY HARSHWARDHAN SINGH 10BAL117 SEMESTER - VI SUBMITTED TO MR. Nitesh Chaudhary (ASST.PROF)(POL SCI) NIRMA UNIVERSITY ACADEMIC YEAR 2012-2013 DECLARATION The text report in the project is the outcome of my own efforts and no part of this report has been copied in unauthorized name and further no part has been incorporated without due acknowledgement. HARSHWARDHAN SINGH 10BAL117 SEMESTER VI Acknowledgement As a student of B.A.LL.B. (Hons.) of Institute Of Law Nirma University I had to undergo for a Project Work assigned by Asst. Prof. Nitesh Chaudhary. The project work was done under the guidance of Asst. Prof. Nitesh Chaudhary. I am grateful to him for his guidance and help due to which I was able to understand and complete this project. CERTIFICATE This is to certify that Mr.Harshwardhan Singh Roll No. 10BAL117 has done project on the topic “NATIONALISM AND DEMOCRACY” for the subject political science as a part of their course. This is his/her original work. Nitesh Chaudhary ...
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...2 THE LOSS OF THE CREATURE EVERY EXPLORER NAMES his island Formosa, beautiful. To him it is beautiful because, being first, he has access to it and can see it for what it is. But to no one else is it ever as beautiful--except the rare man who manages to recover it, who knows that it has to be recovered. Garcia Lopez de Cardenas discovered the Grand Canyon and was amazed at the sight. It can be imagined: One crosses miles of desert, breaks through the mesquite, and there it is at one's feet. Later the government set the place aside as a national park, hoping to pass along to millions the experience of Cardenas. Does not one see the same sight from the Bright Angel Lodge that Cardenas saw? The assumption is that the Grand Canyon is a remarkably interesting and beautiful place and that if it had a certain value P for Cardenas, the same value P may be transmitted to any number of sightseers-just as Banting's discovery of insulin can be transmitted to any number of diabetics. A counterinfluence is at work, how- ever, and it would be nearer the truth to say that if the place is see? by a million sightseers, a single sightseer does not receive value p but a millionth part of value P . It is assumed that since the Grand Canyon has the fixed interest value P, tours can be organized for any number of people. A man in Boston decides to spend his vacation at the Grand Canyon. He-- visits his travel bureau, looks at the folder, signs up for a two-week tour. He and his family take the tour...
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...2 THE LOSS OF THE CREATURE EVERY EXPLORER NAMES his island Formosa, beautiful. To him it is beautiful because, being first, he has access to it and can see it for what it is. But to no one else is it ever as beautiful--except the rare man who manages to recover it, who knows that it has to be recovered. Garcia Lopez de Cardenas discovered the Grand Canyon and was amazed at the sight. It can be imagined: One crosses miles of desert, breaks through the mesquite, and there it is at one's feet. Later the government set the place aside as a national park, hoping to pass along to millions the experience of Cardenas. Does not one see the same sight from the Bright Angel Lodge that Cardenas saw? The assumption is that the Grand Canyon is a remarkably interesting and beautiful place and that if it had a certain value P for Cardenas, the same value P may be transmitted to any number of sightseers-just as Banting's discovery of insulin can be transmitted to any number of diabetics. A counterinfluence is at work, how- ever, and it would be nearer the truth to say that if the place is see? by a million sightseers, a single sightseer does not receive value p but a millionth part of value P . It is assumed that since the Grand Canyon has the fixed interest value P, tours can be organized for any number of people. A man in Boston decides to spend his vacation at the Grand Canyon. He-- visits his travel bureau, looks at the folder, signs up for a two-week tour. He and his family...
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...THE LOSS OF THE CREATURE Walker Percy Every explorer names his island Formosa, beautiful. To him it is beautiful because, being first, he has access to it and can see it for what it is. But to no one else is it ever as beautiful--except the rare man who manages to recover it, who knows that it has to be recovered. Garcia Lopez de Cardenas discovered the Grand Canyon and was amazed at the sight. It can be imagined: One crosses miles of desert, breaks through the mesquite, and there it is at one's feet. Later the government set the place aside as a national park, hoping to pass along to millions the experience of Cardenas. Does not one see the same sight from the Bright Angel Lodge that Cardenas saw? The assumption is that the Grand Canyon is a remarkably interesting and beautiful place and that if it had a certain value P for Cardenas, the same value P may be transmitted to any number of sightseers--just as Banting's discovery of insulin can be transmitted to any number of diabetics. A counterinfluence is at work, however, and it would be nearer the truth to say that if the place is seen by a million sightseers, a single sightseer does not receive value P but a millionth part of value P. It is assumed that since the Grand Canyon has the fixed interest value P, tours can be organized for any number of people. A man in Boston decides to spend his vacation at the Grand Canyon. He visits his travel bureau, looks at the folder, signs up for a two-week tour. He and his family...
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...John Austin, in his Lectures on Jurisprudence writes : The notion of sovereignty and independent political society may be expressed concisely thus : ‘If a determinate human superior not in a habit of obedience to a like superior, receives habitual obedience from the bulk of a given society, that determinate superior is sovereign in that society: and the society (including the superior) is a society political and independent’. Laws are defined simply as the command of a superior to an inferior. In Austin’s words : ‘Law is the aggregate of rules set by men as politically superior, or sovereign, to men as political subject’. The chief reason for the bulk of a given society rendering habitual obedience to a determinate human superior is the power it possesses ‘to put compulsion without limit on subjects or fellow subjects’. As to what is the core nature of law, Austin's answer is that laws (“properly so called”) are commands of a sovereign. He clarifies the concept of positive law (that is, man-made law) by analyzing the constituent concepts of his definition, and by distinguishing law from other concepts that are similar: • “Commands” involve an expressed wish that something be done, combined with a willingness and ability to impose “an evil” if that wish is not complied with. • Rules are general commands (applying generally to a class), as contrasted with specific or individual commands (“drink wine today” or “John Major must drink wine”). • Positive law...
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...IMMUNITIES FROM JURISDICTION I. STATE IMMUNITIES Forum State – the state where the court of justice is located. More on the notion of forum: http://legal-dictionary.thefreedictionary.com/forum A. Rationale for the doctrine of immunity of foreign states from the jurisdiction of the forum State is: - a state must not interfere with the public acts of foreign sovereign states, because sovereigns are equal and equals have no jurisdiction over one another - the judiciary may not interfere with the conduct of foreign policy by either national or foreign governmental authorities because of the doctrine of separation of powers. The doctrine of State immunity emerged as one of the earliest principles of international law. See also The Parliament Belge, where a British court of appeals held that “because of the absolute independence of every sovereign state, each other state must decline to exercise by means of its courts any of its territorial jurisdiction over the person of any sovereign or ambassador of any other state, or over the public property of any state which is destined for public use, or over the property of any ambassador, though such sovereign, ambassador or property may be on its territory.” B. Restrictive Doctrine of Immunity of Foreign States from Civil Jurisdiction At the time the doctrine of State immunity, emerged it was absolute and deemed to reflect customary international law. Gradually, towards the late 19th century the doctrine became...
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...The United States Isn't a Country — It's a Corporation! | "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America." — Preamble of the original "organic" Constitution "We hold these truths to be self-evident. That all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness; that to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or abolish it, and to institute new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall se em most likely to effect their safety and happiness." — Excerpted from the Declaration of Independence of the original thirteen united states of America, July 4, 1776 Fourth of July 2002 has come and gone, and Americans honored the holiday with a renewed patriotic fervor that reminded me of the Bicentennial celebrations of 1976. As is customary, traditional...
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...regards to the power and welfare of the common people no mere review can change appreciably. I am therefore limiting myself to the general features of the present Constitution. But let me first make some clarifications. The Constitution of a sovereign state is, in essence, the basic law by which the ruling blocs of that state say it will rule the citizens of the state. The Constitution is the will of the ruling blocs as limited but only limited by the struggle of the people. This clarification on the essence of a Constitution also applies to every structured organization, except that an ordinary organization is not sovereign, in the sense that it is bound by external laws (usually those of the state), in addition to its own laws. The sovereignty of a particular state is expressed and asserted by the fact that it is bound only by external laws and obligations to which it has subscribed. Otherwise that state is not sovereign. The Nigerian Constitution, the one promulgated on May 29, 1999 and currently in operation is, like its predecessors (1960, 1963, 1979, 1989, 1995), a very bulky document, a product of efforts by the ruling blocs to accommodate all their major factions. If a new Constitution emerges tomorrow through the ongoing review, it will still be a compromise between the major factions of the ruling blocs. But it will be a bulkier document than the present one, since there will be more ruling...
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