Search results - CEJSH

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Anacharsisa Clootsa ujęcie konstruktów suwerenności i teologii politycznej

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Żukowski A.

Academic Journal of Modern Philology

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2020

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vol. 10

269-281

EN

The aim of this paper is to analyse the political and legal philosophy of Anacharsis Cloots, a Prussian-born French philosopher, through the constructs characteristic of Carl Schmitt’s philosophy, i.e. political theology and sovereignty. The author of the paper undertakes historiosophical criticism, which takes up the theological dilemmas in a strongly atheistic argumentation of Anacharsis Cloots and the possibility of developing a new social model while at the same time mediating from the achievements of European Legal Culture and Western (not only Continental) Philosophy. The originality of Anacharsis Cloots’ methodical approach to the jurisprudence is based on the recognition of transitivity as a decisive category for the “Political”. Anacharsis Cloots transvaluated medieval political theology and opened up a new perspective, which was developed by Modern Philosophy.

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tO WHAt exteNt

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Skibiński P.

Studia Theologica Varsaviensia

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2018

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vol. 56

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issue 2

107-120

EN

Card. Stefan Wyszyński, being both the Primate of Poland and the highest social authority, in the period of People’s Republic of Poland, independent of the communist authorities, was an important point of reference influencing public opinions and social attitudes in our country. His attitude towards the state, which was the People’s Republic of Poland, is extremely important for understanding not only his decisions at particular stages of relations between the communist state and the Church, but also allows us to better understand the specific character of the PRL as a political system, its relationship with the communist party and with the Soviet center of the communist bloc, and to what extent it represented the Polish nation as a political community. Analysis of the Primate’s attitude with regard to important political events (elections to the communist Sejm, his attitude to political breakthroughs and social events – especially social resistance against communist regime), supplemented with an analysis of the Primate’s homiletics, allows me to formulate the thesis that the Primate of the Millennium considered the PRL as a Polish state, however he regarded it as degenerated through the structures of external dependence on the USSR and the ideological domination of the communist party – PZPR. In conclusion, the People’s Republic of Poland was a Polish state that fulfilled some of the needs of the Polish nation, regarded as a fundamental political community, but it was still far from being perfect. However, the fact that – in his view – People’s Republic of Poland was actually the Polish state, was highly significant. It imposed on Catholics a moral obligation to participate in social life, in a space inaccessible to the communist party, and to undertake all efforts to prevent the threat of external military intervention of the USSR and its allies.

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O dwóch wyzwaniach globalizacji

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Jasiński K.

Studia Ełckie

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2018

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vol. 20

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issue 1

7-19

EN

This article addresses two challenges of the globalization process: Europe-an identity and state sovereignty. National identity is often omitted and replaced by European identity. However, two important elements have been forgotten in identifying the European identity: 1. essential foundation of Christianity and its values; 2. importance of national identity in the lives of people and societies, because they are always entangled in a particular national community and culture. The issue of sovereignty, that is autonomy and self-determination of individual states, is increasingly an important challenge for Europe. Sovereignty is increasingly limited in the name of extending its scope and exercising it jointly with others within the framework of supranational institutions. The traditional vision of national sovereignty is considered obsolete and replaced by the concept of shared, pluralistic, multidimensional and functional sovereignty. Three points are important: 1. there are some leaders in EU who dictate the tone of the other states and try to impose certain solutions; 2. some state leaders declare openly that they will protect the interests of their own country and such declarations are moreover confirmed in specific decisions and actions; 3. sovereign nation state is also a natural space for political debate and a first school of democracy.

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Suwerenność państwa w koncepcji integracyjnej Alcide De Gasperiego

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Madeja A.

Studia Europejskie-Studies in European Affairs

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2013

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issue 4

s.9-30

EN

Alcide de Gasperi (1881–1954) represented the most expedient approach to the problem of integration. As a result, from among all the European Founding Fathers it was he who presented the least theoretically refined political vision. He should be recognised as a neo-Thomist who wanted to restore a lost unity of the Christian nations. Europe without wars did not mean actual peace for him. States had to establish a close cooperation. They were expected to limit their sovereignty and combine its attributes. It led to the settingup of a new kind of organization, i.e. ‘a community’. The idea of transferring ‘sovereign rights’ to international institutions (coined by Jean Monnet) was not adopted by De Gasperi. Thereby ‘a community’ was formed by the member states, which at most suffered and tolerated actions performed by it in precisely determined scopes of activity. Hence De Gasperi’s vision was the most conservative from all those presented by the Fathers. As a sworn democrat, he accentuated the importance of the community’s democratic legitimacy. This explains his opinion on the crucial role of the Assembly in the institutional scheme of the community. The Assembly provided a ‘political momentum’ and political control over various structures operating in the two areas of ‘high politics’: defence and foreign policy. It was thanks to De Gasperi’s initiative that the significant article 38 was added to the European Defence Community Treaty. By virtue of this article, the signatories of the Treaty took a solemn commitment to establish a political community grounded on two classic constitutional ideas: division of powers and bicameral parliament. Nevertheless, a unity of the European nations, which all De Gasperi’s efforts served to bring about, should be acknowledged as a model of confederacy.

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The category of nation state in the light of requirements regarding contemporary processes of shaping public policies

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Potorski R., Kopcewicz G., Olszanecka N., Urbański D., Piechowiak-Lamparska J., Bryc A., Bojarczyk B., Jorgensen F. A. E., Niedziołka D., Pacześniak A., Potorski R., Wincławska M., Włodkowska-Bagan A., Jeran A., Mol A., Solsbery A., Dąbrowska I., Głodkowski M., Kopcewicz G., Olszanecka N., Piechowiak-Lamparska J.

The Copernicus Journal of Political Studies

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2019

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issue 2

EN

During the 2019 campaign to the European Parliament, it was often argued that the situation in which EU institutions can make decisions that de facto legally affect public authorities of a given state in shaping policies on its territory violates this state’s sovereignty. Another argument was that such a situation would seriously limit the possibility of satisfying the needs of citizens of the state in question. The above logic assumes that maintaining the principles of nation state with regard to a state’s political system would guarantee the citizens greater control over public decisions and ensure that their needs are met. This type of argumentation has been present for a long time in the discourse on Poland’s membership in the European Union.The objective of the presented research is to elucidate what exactly it would mean for an average citizen (considering their potential influence on shaping public policies) to introduce a political system based on the so often evoked concept of a nation state in its original, literal sense. To meet the above objective, the text presents the original meaning of the category of a nation state and its constituent parts, followed by an analysis whether and possibly why the understanding of these elements has evolved. Finally, the entire cognitive process leads to a firm conclusion that a return to political relations based on the classical approach to the category of a nation state would lead to contemporarily unacceptable effects on the position of individuals in democratic political systems. This also means that the categories of a nation state and sovereignty can evolve and a discussion on the changing scope of their meaning is fully acceptable.

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Racja stanu jako suwerenność państwa in actu

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Danek A.

Przegląd Geopolityczny

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2015

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vol. 13

7-16

XX

The article above attempts to clarify relation between notions of sovereignty and reason of state. Both notions refer to the same matter – state. Author explicates an argument according to which state sovereignty in international relations depends on its amount of power while reason of state is a demand of permanent enlargement of state’s power. Implementation of reason of state leads to increase and enhancement of state sovereignty.

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Agamben’s Two Missing Factors: Understanding State of Emergency through Colonialism and Racial Doctrine

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Amarasinghe P., Rajhans S. K.

Historia i Polityka

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2020

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issue 34 (41)

EN

: The ideas of state of exception and sovereignty presented by Italian political philosopher Giorgio Agamben in the aftermath of post September 11 context generated a new discourse in the realms of public law and political philosophy on how law and its protection becomes invalid under state of exception. Agamben showed how suspension of constitutional liberties within so called state of exception legally erases any status of an individual regardless of international legal or constitutional norms. However, this article seeks to examine how Agamben had excluded the nature of state of emergency doctrine in colonial societies under European colonialism, where emergency regulations were frequently adopted by colonial masters in subordinating the colonized; at the same time, this article will focus on the racial element appearing behind enacting state of emergency in both colonial era and modern states. The objective of this article lies in underpinning the much important, yet neglected two factors in the whole state of emergency scenario. The results emerging from this article will demonstrate how Eurocentric academic thinking has abandoned some real pertinent issues in constructing the notion on state of emergency.

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The Law of Military Occupation and the Role of de jure and de facto Sovereignty

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Nicolosi S. F.

Polish Yearbook of International Law

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2011

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vol. 31

165-187

EN

This article aims at defining the specific tenets of the doctrine of “military occupation” and assessing how it deals with the issue of “sovereignty,” looking at the problem from a historical perspective. Accordingly, after tracing the evolution of belligerent occupation as a legal institution of international law, attention is turned to the concepts of “effectiveness” and “temporariness” and the interplay between de jure and de facto sovereignty in the light of the “occupation zone model”, as it has been applied in the course of international practice. Against this background the article discusses the hypothesis that the codification of the “laws of war” and evolution of the doctrine of military occupation as a temporary and limited regime, whose final aim is to restore legitimate sovereignty over the occupied territory, constitutes a paradigm which could and should apply to various unlawful territorial situations today which have arisen as a result of a misapplication of the law of military occupation.

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The relationship between evolution of sovereignty concept and reaction to serious human rights infringements

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Kościółek J.

Opolskie Studia Administracyjno-Prawne

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2012

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vol. X

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issue 2

21-29

EN

One of the most prevalent features of contemporary international relations system is erosion of sovereignty concept leading to human rights protection priority and humanitarian intervention enactment acceptability. Sovereignty in its modern approach is understood as state obligation and responsibility to secure welfare for its citizens and it refers to effective governance. It is assumed that individual interests outweigh interests of the state, though the sovereignty exception cannot be raised as defense against the necessity of intervention in the case of basic human rights breach. At this point sovereignty means the state responsibility for the wellbeing of its citizens. It led to Responsibility to Protect project arising from the debate on association between independence and use of force and human rights protection. The doctrine embedded in this project brought very good reception within international community and was designed to establish criteria for the scripts of international reaction to armed conflicts and genocide, ethnic atrocities and war crimes prevention. Nevertheless, discussion around informal (mostly moral) prerequisites to use force in reaction to serious human rights infringements did not lead to creation of consistent system of intervention on international level.

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Państwo niesuwerenne w podręczniku historii

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Czubaty J.

Kwartalnik Pedagogiczny

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2014

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issue 1-2(231-232)

97-106

EN

The problem of sovereignty of individual state centres on the Polish territory in the nineteenth century has not been adequately studied, therefore it is very difficult to present it in textbooks for students whose knowledge of history is not developed. Yet the characteristics of sovereignty or non-sovereignty are key to the national and historical consciousness of Poles. In their textbooks, Anna Radziwiłł and Wojciech Roszkowski showed that, although the freedom of political life in the Kingdom of Poland was relatively large, it was, however, significantly lower than in the prepartition era. The Napoleonic Constitution significantly limited the political activity of citizens. The authors emphasized the similarity of the old and modern historical contexts – the times of the Kingdom of Poland and of the People’s Republic of Poland (PRL), encouraging students to think deeper about sovereignty and its absence.

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The Concept of Sovereignty in Transatlantic Relations. New Realities versus the Old Debate

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Zachara M.

Politeja : Pismo Wydziału Studiów Miedzynarodowych i Politycznych Uniwersytetu Jagiellońskiego

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2017

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issue 46

283-305

EN

Few subjects in the theory and practice of international relations are as sensitive and widely discussed as the meaning of sovereignty. Concentrating on transatlantic perspecive, this article adds new evidence to the fundamental debate on the nature of sovereign authority in the international system. Many trans‑national economic and technological forces encourage the state to retreat from its traditional role. On the other hand, economic integration, monetary unification and the development of modern economies and cutting‑edge technologies – the assets of partners of the Transatlantic Alliance – are possible only in stable political systems. So, are we witnessing the end of sovereignty or just a phase in history in which relations of power between political authorities, nations, groups of interests and individuals must be negotiated in order to create a new model of governa nce in a complex world?

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Outsourcing suwerenności podatkowej na przykładzie standardów cen transferowych

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Lipka K.

Zeszyty Prawnicze BAS

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2023

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issue 4(80)

25-41

EN

The Westphalian definition of sovereignty has been well established over the centuries. However, in the 21st century it gradually has become insufficient to explain relations between states and other actors. In some spheres, hitherto regarded as attributes of sovereignty, we can see the slow but systematic withdrawal of states from their law-making role. There are even phenomena known as the privatization and outsourcing of sovereignty. This is also the case with finance and financial law. Within it an area in which the role of the state and external organizations in creating norms that determine the form of domestic regulations has been consistently evolving for several decades is transfer pricing.

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Polityczne i ekonomiczne uwarunkowania tworzenia i funkcjonowania unii walutowych

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Graniszewski L.

Studia BAS

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2019

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issue 3(59)

11-29

EN

The aim of this paper is to discuss political circumstances related to joining the eurozone. The author claims that political conditions related to the euro area, associated primarily with the significant loss of sovereignty by EU member states, have not only symbolic and axiological dimensions, but also negatively affect the possibility to pursue an independent socio-economic policy, and therefore effective implementation of the constitutional commitments of the government towards its citizens.

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Limitations in the airspace sovereignty of states in connection with space activity

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Polkowska M.

Security and Defence Quarterly

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2018

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vol. 20

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issue 3

42-56

EN

The launch of the Soviet Sputnik in 1957 resulted in the emergence of two legal concepts concerning spacefl ight. The first of them concerned harmless passage through airspace subjected to the sovereignty of states, the second - recognition that at the height of the trajectory of a passage, space is no longer subject to the sovereignty of states (res omnium communis). In both cases, we are dealing with limiting the sovereignty of states. These issues have not been resolved to this day. The practice of spacefl ight has confirmed the freedom of spaceflight, although it has not resolved the issue of the upper limit of airspace. It is worth emphasising, however, that the decisive factor for the development of space law was the customary law that arose in 1957, because states did not protest and tacitly accepted the principle of a harmless flight.

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CZY ŻYJEMY W PAŃSTWIE PO-SUWERENNYM?

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Jasiński K.

Studia Ełckie

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2017

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vol. 19

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issue 1

7 - 19

EN

This article has two parts: 1) analysis of the concept of sovereignty and proposal of some ways to its understanding; 2) analysis of the socio-political area of human life, where we actually exist in the post-sovereign state. In the first part the author discussed the history of the concept of sovereignty (Middle Ages, J. Bodin, T. Hobbes, G.W.F. Hegel, J. Maritain) and its main senses (sovereignty as a form of absolute, constant and sacred power; sovereignty as full autonomy of authority in relation to different parts of society, and its su-premacy). In the second part the author analyzed the political system of the state in the era of globalization and integration and its consequences (founda-tion of supranational communities and structures; benefits; imposing rights and standards of legal solutions; limiting the right of veto; adoption of a common currency and citizenship; lack of some political competences). As a result, sov-ereignty becomes merely a useful fiction, and many people believe that they actually live in the post-sovereign state.

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Globalization, Nationalism, and the Present US Immigration Troubles

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Redpath P. A.

Studia Ełckie

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2012

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vol. 14

137-146

EN

The article contains analyses of the connection between the modern notion of sovereignty and problems of globalization, nationalism, and immigration. It shows (1) that such an essential con-nection exists; (2) how complicated is the issue of the relationship of sovereignty to that of politi-cal government; (3) that a rush to establish world government in our time is an impossible utopian dream. The article concludes with remarks on policies of the “progressives,” the people who seem to be pushing the US toward formation of a global government today.

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Military Cooperation between Ukraine and the European Union under the Association Agreement and an issue of state sovereignty

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Zinyak L.

Security and Defence Quarterly

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2014

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vol. 2

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issue 1

7-23

EN

The article deals with the complex investigation of the content of the draft Association Agreement with the European Union in the context of military collaboration proceeding from the theory of International Law. Special attention is focused on the issues regarding its influence on the military aspects of the state sovereignty of Ukraine. Four main questions are investigated: Does Ukraine have the obligations of an EU member state in the military sphere under the Agreement? What is the nature of Ukraine’s obligations in the military sphere under the Agreement? Does Ukraine have any legal guarantees that protect its own strategic interests in the military sphere in coordinating its defence policy with that of the EU? Are the sovereign rights of Ukraine in the military sphere taken into account in the institutional framework of cooperation under the Association Agreement? The author comes to the conclusion that the deepening cooperation with the EU under this international agreement does not lead to a limitation of the state sovereignty of Ukraine in the military sphere.

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Does the State Still Matter? Sovereignty, Legitimacy and International Law

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Kwiecień R.

Polish Yearbook of International Law

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2012

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vol. 32

45-73

EN

This article explores the issue of sovereignty of States in the context of legitimacy of international law. Sovereign statehood is today increasingly challenged. The article examines if an essential incompatibility exists between international law conceived as a true, that is, legitimized, system of law and State sovereignty. To this end, it seems necessary to determine a meaning and importance of sovereignty in and for international law. The article seeks to argue that the idea of State sovereignty, deprived of orthodox positivistic justification, can still perform an important cognitive function in international law. In a world in which non-State actors suffer from a “democratic deficit”, democratic accountability and responsibility remains concentrated in States. States are, therefore, still the main source of legitimacy of political decisions. It is sovereign States that are the legal subjects assuring the public underpinnings within the international legal order. Consequently, there is no contradiction between the sovereign status of States in international society, and international law conceived as a legitimized legal order.

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LEGALIZM MONARCHICZNY JAKO ISTOTNY CZYNNIK STABILIZACJI POLITYCZNEJ W ŚWIECIE ARABSKIM

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Wróblewski B.

Polityka i Społeczeństwo

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2016

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issue 2(14)

5-14 (10)

EN

The current international situation is characterised by increasing political unrests in the area of the Arab world. In many Middle-Eastern countries there occurred collapse of state structures and many-year civil wars broke out. Political chaos in the Arab world has been increasing for over a dozen years and it seems to be rather a result of structural flaws inherent in the political systems of countries in this region, rather than accidental events. These facts provoke to an attempt at deeper analysis of the circumstances and search for some general features. One of the immediately noticeable features of the situa-tion is that political anarchization concerns Arab republics, whereas monarchies are distinguished by significantly greater internal stability. The reasons for the downfall of republics are internal problems as well as conflicts with western powers. Also in this case one may notice political rowdiness of the republican leaders in Egypt, Iraq and Libya and compare it with more stable and responsible politics of monarchies. Generally pre-modern monarchial legalism in the Arab world turns out to be a more effective political idea than the rule of sovereignty of nations. This is a noteworthy fact, although it is contradictory to western political dogmas.

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Politika mezi homogenitou a sociálním antagonismem : Hledání státnosti v epoše pluralismu v politické teorii Carla Schmitta

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Belling V.

Filosofický časopis (Philosophical Journal)

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2017

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vol. 65

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issue 3

361-383

EN

The political theory of Carl Schmitt is currently experiencing a renaissance in its reception. In this paper, I propose to distinguish between the normative and descriptive elements of Schmitt’s notion of the state. While being a strong advocate of the principle of political unity emerging from a concrete social antagonism, Schmitt was, at the same time, a decided critic of the current form of liberal Rechtsstaat. He actually subordinated the notion of state to the notion of the political. If we may call him an étatist, then it is only if we have in mind a narrow concept of the state which is related to the concept of the political. Only such a state can play the integrative role in a differentiated society and become the basis of social legitimacy “from below”.

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