multifarious implementation. The concept of rule of law is distinct from rule by law. The difference is that in the former, the law is preeminent and can serve as a check against the abuse of power. As such, the law is a tool for building a new legally
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The Rule of Law as a Condition for Development Toward Sustainability
Toward a New Legally Oriented Environment at a Global Level
Giovanni Tartaglia Polcini
In The International Journal of Social Quality
- Published (Print):
- 01 Dec 2017
- Article Type:
- Research Article
- Pages:
- 113–137 (25 total)
Mala consuetudo
Un excursus romain autour d'une expression médiévale
Soazick Kerneis
Résumé/Abstract
Le concept de coutume est une création des juristes occidentaux permettant de convertir les usages autochtones dans les termes de l'ordre juridique dominant. Si la contrainte de l'État est décisive dans la formulation de la coutume, faut-il penser qu'en Europe aussi elle fut une création étatique, les peuples ne participant guère à son épanouissement ? La mala consuetudo médiévale témoigne d'un rapport de force si bien qu'il faut restituer la pratique des usages, l'action du peuple dans la redéfinition des coutumes. L'article considère le contenu de l'expression médiévale comme une catégorie de pensée et la transpose dans l'Antiquité romaine afin de revenir sur le processus de création des consuetudines. Si la consuetudo romaine est bien une création du pouvoir, les communautés auxquelles elle s'applique parviennent aussi à contenir son périmètre. Sa pérennité tient sans doute en partie au fait qu'elle a été perçue ensuite comme un privilège communautaire.
The concept of custom is a creation of Western lawyers allowing for the conversion of indigenous uses into the terms of the dominant legal order. If the State's constraint is ultimately decisive in the formulation of custom, does that mean in Europe too it was essentially a State creation, with the peoples hardly participating in its existence? The mala consuetudo is a matter of power relations, so that it is necessary to emphasize the impact of practices, of popular action on the shaping of customs. This article considers the content of the medieval expression as a category of thought and transposes it to Roman antiquity in order to reconsider the development of consuetudines. If the Roman consuetudo was indeed a creation of power, the communities to which it applied managed to contain its perimeter. Its durability is probably due in part to the fact that it was perceived as a community privilege.
In Historical Reflections/Réflexions Historiques
- Published (Print):
- 01 Dec 2021
- Article Type:
- Research Article
- Pages:
- 6–19 (14 total)
The Origins and Subjects of Fear for Siberians
Sociological Research in the Regions of Eastern and Western Siberia
Valentin G. Nemirovskiy and Anna V. Nemirovskaya
This paper analyzes feelings of insecurity and fear amongst the population of Siberian regions in the face of various perceived dangers, based on research conducted in the Krasnoiarsk and Altai Territories, Novosibirsk and Omsk Regions, and the Republics of Khakassiia and Buriatiia, in the context of the general Russian situation. Quantitative methods—frequency, correlation, and factor analysis on survey data obtained from formalized face-to-face interviews—are used to gain an understanding of what factors respondents feel are “ugrozhaiushchie zhiznedeiatel'nosti” (activities threatening to social life). Siberians feel especially vulnerable to gender- and age-related discrimination, as well as governmental abuse of power and the threats inherent in economic development: chronic poverty, environmental threats, officials' arbitrariness, and crime and law enforcement authorities themselves. They also feel threatened by the presence of migrant groups and social minorities. However, an internal locus of control reduces their fears of threats to social life activities.
Imagining globalization in anthropology
Diversity, equality, and the politics of knowledge
Thomas A. Reuter
Over the last century anthropological studies have served as a testimony to human cultural diversity, as well as highlighting the existential challenges we all share, but the discipline has failed to provide an undistorted mirror of this unity in diversity. Critics from postcolonial studies and within anthropology have argued that anthropological knowledge cannot be universal so long as representatives of only a few privileged nations participate in the process of its construction, and so long as there are significant power differentials among those who do participate. From the perspective of a performance theory of truth, there are two necessary conditions if we wish for anthropology to genuinely reflect the human condition. The first step is to improve global participation in the social production of anthropological knowledge by creating equality within the discipline. The second is to help create a more level playing field in the world at large by challenging abuses of power in contemporary societies. In this article I discuss recent efforts by international organizations in anthropology to satisfy some of these conditions.
Ghana ThinkTank
Black Lives Matter Guerrilla Street Signs
Christopher Robbins, Maria del Carmen Montoya, and John Ewing
the street about racial profiling and individuals’ interactions with local police. These most recent signs also emerged from conversations about what is missing from the debate around police abuse of power, racialized privilege, and a racist legal
Symbolizing Destruction
Environmental Activism, Moral Shocks, and the Coal Industry
Alison E. Adams, Thomas E. Shriver, and Landen Longest
it not only represented the social and environmental problems in the country but also highlighted broader abuses of power. In archival video footage, one activist explained how Greenpeace was using the campaign to make a point about persistent
In Nature and Culture
- Published (Print):
- 01 Dec 2020
- Article Type:
- Research Article
- Pages:
- 249–271 (23 total)
Why History Matters for Democracy
John Keane
for preventing their abuse of power. References Bryce , James . 1921 . Modern Democracies . New York : Macmillan . Dunn , John . 2005 . Setting the People Free: The Story of Democracy . London : Atlantic Books . Fukuyama
In Democratic Theory
- Published (Print):
- 01 Dec 2019
- Article Type:
- Research Article
- Pages:
- 96–110 (15 total)
Red Intersectionality and Violence-informed Witnessing Praxis with Indigenous Girls
Natalie Clark
This includes naming and challenging negative cultural messages and abuse of power in society. Sharing our own stories and strategies for coping with sexual harassment, racism or other abuses of power is an important practice of truth-telling. A
In Girlhood Studies
- Published (Print):
- 01 Jun 2016
- Article Type:
- Research Article
- Pages:
- 46–64 (19 total)
How Can Social Movements Help Defend Democracy?
Srdja Popović and Slobodan Djinovic
the democratic institutions that keep officeholders in check. Romanian protesters have made it clear from the very beginning that they were challenging not their national election results but rather the abuse of power by elected officials ( Popović and
Latin America and COVID-19
Political Rights and Presidential Leadership to the Test
Brigitte Weiffen
discusses the immediate repercussions for democracy while the health crisis is still underway. Around the world, COVID-19 has offered autocrats—and democratic leaders alike—an opportunity for abuse of power ( Bieber 2020 ). However, in Latin America, the
In Democratic Theory
- Published (Print):
- 01 Dec 2020
- Article Type:
- Article Commentary
- Pages:
- 61–68 (8 total)