A revolutionary is a person who either participates in, or advocates for, a revolution . The term revolutionary can also be used as an adjective to describe something producing a major and sudden impact on society.
120-540: The term—both as a noun and adjective—is usually applied to the field of politics , but is also occasionally used in the context of science , invention or art . In politics, a revolutionary is someone who supports abrupt, rapid, and drastic change, usually replacing the status quo, while a reformist is someone who supports more gradual and incremental change, often working within the system. In that sense, revolutionaries may be considered radical, while reformists are moderate by comparison. Moments which seem revolutionary on
240-401: A constitution , written or tacit, and the rights encoded therein. The law shapes politics , economics , history and society in various ways and also serves as a mediator of relations between people. Legal systems vary between jurisdictions , with their differences analysed in comparative law . In civil law jurisdictions, a legislature or other central body codifies and consolidates
360-625: A federal system (as in Australia, Germany or the United States) or different voting configuration in a unitary system (as in France). In the UK the upper house is appointed by the government as a house of review . One criticism of bicameral systems with two elected chambers is that the upper and lower houses may simply mirror one another. The traditional justification of bicameralism is that an upper chamber acts as
480-417: A parliamentary system , as with Britain, Italy, Germany, India, and Japan, the executive is known as the cabinet, and composed of members of the legislature. The executive is led by the head of government , whose office holds power under the confidence of the legislature. Because popular elections appoint political parties to govern, the leader of a party can change in between elections. The head of state
600-503: A royal house . A few of the smaller states survived, such as the independent principalities of Liechtenstein , Andorra , Monaco , and the republic of San Marino . Most theories see the nation state as a 19th-century European phenomenon, facilitated by developments such as state-mandated education, mass literacy , and mass media . However, historians also note the early emergence of a relatively unified state and identity in Portugal and
720-652: A ruler ') is a set of ordinances and regulations made by ecclesiastical authority , for the government of a Christian organisation or church and its members. It is the internal ecclesiastical law governing the Catholic Church , the Eastern Orthodox Church , the Oriental Orthodox Churches , and the individual national churches within the Anglican Communion . The way that such church law
840-440: A "common law" developed during the reign of Henry II during the late 12th century, when Henry appointed judges who had the authority to create an institutionalised and unified system of law common to the country. The next major step in the evolution of the common law came when King John was forced by his barons to sign a document limiting his authority to pass laws. This "great charter" or Magna Carta of 1215 also required that
960-434: A federal state) is a political entity characterized by a union of partially self-governing provinces, states, or other regions under a central federal government ( federalism ). In a federation, the self-governing status of the component states, as well as the division of power between them and the central government, is typically constitutionally entrenched and may not be altered by a unilateral decision of either party,
1080-442: A house of review. This can minimise arbitrariness and injustice in governmental action. To pass legislation, a majority of the members of a legislature must vote for a bill (proposed law) in each house. Normally there will be several readings and amendments proposed by the different political factions. If a country has an entrenched constitution, a special majority for changes to the constitution may be required, making changes to
1200-574: A limited way, empirically or normatively, and on whether conflict or co-operation is more essential to it. A variety of methods are deployed in politics, which include promoting one's own political views among people, negotiation with other political subjects, making laws , and exercising internal and external force , including warfare against adversaries. Politics is exercised on a wide range of social levels, from clans and tribes of traditional societies, through modern local governments , companies and institutions up to sovereign states , to
1320-440: A matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a legislature , resulting in statutes ; by the executive through decrees and regulations ; or by judges' decisions, which form precedent in common law jurisdictions. An autocrat may exercise those functions within their realm. The creation of laws themselves may be influenced by
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#17328376004921440-787: A political entity that has monopoly on violence within its territory, while the Montevideo Convention holds that states need to have a defined territory; a permanent population; a government; and a capacity to enter into international relations. A stateless society is a society that is not governed by a state . In stateless societies, there is little concentration of authority ; most positions of authority that do exist are very limited in power and are generally not permanently held positions; and social bodies that resolve disputes through predefined rules tend to be small. Stateless societies are highly variable in economic organization and cultural practices. While stateless societies were
1560-591: A process of reform, at least in terms of economic, if not social and political, rights. A new contract code in 1999 represented a move away from administrative domination. Furthermore, after negotiations lasting fifteen years, in 2001 China joined the World Trade Organization . In general, legal systems can be split between civil law and common law systems. Modern scholars argue that the significance of this distinction has progressively declined. The numerous legal transplants , typical of modern law, result in
1680-522: A result of political campaigns by nationalists , during the 19th century. In both cases, the territory was previously divided among other states, some of them very small. Liberal ideas of free trade played a role in German unification, which was preceded by a customs union , the Zollverein . National self-determination was a key aspect of United States President Woodrow Wilson 's Fourteen Points , leading to
1800-539: A result of some shared rational interest. The theories largely focus on the development of agriculture, and the population and organizational pressure that followed and resulted in state formation. One of the most prominent theories of early and primary state formation is the hydraulic hypothesis , which contends that the state was a result of the need to build and maintain large-scale irrigation projects. Conflict theories of state formation regard conflict and dominance of some population over another population as key to
1920-481: A society. The history of political thought can be traced back to early antiquity, with seminal works such as Plato 's Republic , Aristotle 's Politics , Confucius 's political manuscripts and Chanakya 's Arthashastra . The English word politics has its roots in the name of Aristotle 's classic work, Politiká , which introduced the Ancient Greek term politiká ( Πολιτικά , 'affairs of
2040-462: Is legislated , interpreted and at times adjudicated varies widely among these three bodies of churches. In all three traditions, a canon was originally a rule adopted by a church council ; these canons formed the foundation of canon law. The Catholic Church has the oldest continuously functioning legal system in the western world , predating the evolution of modern European civil law and common law systems. The 1983 Code of Canon Law governs
2160-495: Is a code of Jewish law that summarizes some of the Talmud's interpretations. A number of countries are sharia jurisdictions. Israeli law allows litigants to use religious laws only if they choose. Canon law is only in use by members of the Catholic Church , the Eastern Orthodox Church and the Anglican Communion . Canon law ( Ancient Greek : κανών , romanized : kanon , lit. 'a straight measuring rod;
2280-442: Is a political system that operates for corrupt ends. When corruption is embedded in political culture, this may be referred to as patrimonialism or neopatrimonialism . A form of government that is built on corruption is called a kleptocracy ('rule of thieves'). Law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition
2400-458: Is a system of rules, divided into primary (rules of conduct) and secondary ones (rules addressed to officials to administer primary rules). Secondary rules are further divided into rules of adjudication (to resolve legal disputes), rules of change (allowing laws to be varied) and the rule of recognition (allowing laws to be identified as valid). Two of Hart's students continued the debate: In his book Law's Empire , Ronald Dworkin attacked Hart and
2520-472: Is an "authority" to mediate people's interests. Oliver Wendell Holmes defined law as "the prophecies of what the courts will do in fact, and nothing more pretentious." In his Treatise on Law , Thomas Aquinas argues that law is a rational ordering of things, which concern the common good, that is promulgated by whoever is charged with the care of the community. This definition has both positivist and naturalist elements. Definitions of law often raise
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#17328376004922640-706: Is apart from the executive, and symbolically enacts laws and acts as representative of the nation. Examples include the President of Germany (appointed by members of federal and state legislatures ), the Queen of the United Kingdom (an hereditary office ), and the President of Austria (elected by popular vote). The other important model is the presidential system , found in the United States and in Brazil . In presidential systems,
2760-513: Is authority, identifiable purely through social sources and without reference to moral reasoning. In his view, any categorisation of rules beyond their role as authoritative instruments in mediation is best left to sociology , rather than jurisprudence. The history of law links closely to the development of civilization . Ancient Egyptian law, dating as far back as 3000 BC, was based on the concept of Ma'at and characterised by tradition, rhetorical speech, social equality and impartiality. By
2880-417: Is based on the use of power, irrespective of the ends being pursued. Agonism argues that politics essentially comes down to conflict between conflicting interests. Political scientist Elmer Schattschneider argued that "at the root of all politics is the universal language of conflict", while for Carl Schmitt the essence of politics is the distinction of 'friend' from 'foe'. This is in direct contrast to
3000-552: Is closely linked to ethics , and is at its extreme in utopian thinking. For example, according to Hannah Arendt , the view of Aristotle was that, "to be political…meant that everything was decided through words and persuasion and not through violence"; while according to Bernard Crick , "politics is the way in which free societies are governed. Politics is politics, and other forms of rule are something else." In contrast, for realists, represented by those such as Niccolò Machiavelli , Thomas Hobbes , and Harold Lasswell , politics
3120-598: Is continually being written by the legislative and judiciary branch of government; this is just one of those cases in which the nature of the circumstances determines the form of government that is most appropriate. England did set the fashion of written constitutions during the Civil War but after the Restoration abandoned them to be taken up later by the American Colonies after their emancipation and then France after
3240-420: Is devoured by one purpose, one thought, one passion - the revolution. Heart and soul, not merely by word but by deed, he has severed every link with the social order and with the entire civilized world; with the laws, good manners, conventions, and morality of that world. He is its merciless enemy and continues to inhabit it with only one purpose - to destroy it." According to Che Guevara , "the true revolutionary
3360-437: Is embedded in a particular political culture. Lucian Pye 's definition is that, "Political culture is the set of attitudes, beliefs, and sentiments, which give order and meaning to a political process and which provide the underlying assumptions and rules that govern behavior in the political system." Trust is a major factor in political culture, as its level determines the capacity of the state to function. Postmaterialism
3480-483: Is guided by a great feeling of love. It is impossible to think of a true revolutionary lacking in this quality." According to the Marxist Internet Archive , a revolutionary "amplif[ies] the differences and conflicts caused by technological advances in society. Revolutionaries provoke differences and violently ram together contradictions within a society, overthrowing the government through the rising to power of
3600-467: Is law?" There have been several attempts to produce "a universally acceptable definition of law". In 1972, Baron Hampstead suggested that no such definition could be produced. McCoubrey and White said that the question "what is law?" has no simple answer. Glanville Williams said that the meaning of the word "law" depends on the context in which that word is used. He said that, for example, " early customary law " and " municipal law " were contexts where
3720-411: Is methodologically diverse and appropriates many methods originating in psychology , social research , and cognitive neuroscience . Approaches include positivism , interpretivism , rational choice theory , behavioralism , structuralism , post-structuralism , realism , institutionalism , and pluralism . Political science, as one of the social sciences , uses methods and techniques that relate to
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3840-572: Is not limited to modern institutions of government . Frans de Waal argued that chimpanzees engage in politics through "social manipulation to secure and maintain influential positions". Early human forms of social organization—bands and tribes—lacked centralized political structures. These are sometimes referred to as stateless societies . In ancient history, civilizations did not have definite boundaries as states have today, and their borders could be more accurately described as frontiers . Early dynastic Sumer , and early dynastic Egypt were
3960-452: Is often clearer conceptually than empirically. According to sociologist James Chowning Davies , political revolutionaries may be classified in two ways: The revolutionary anarchist Sergey Nechayev argued in Catechism of a Revolutionary : "The revolutionary is a doomed man. He has no private interests, no affairs, sentiments, ties, property nor even a name of his own. His entire being
4080-537: Is stronger in civil law countries, particularly those with a separate system of administrative courts ; by contrast, the public-private law divide is less pronounced in common law jurisdictions. Law provides a source of scholarly inquiry into legal history , philosophy , economic analysis and sociology . Law also raises important and complex issues concerning equality, fairness, and justice . The word law , attested in Old English as lagu , comes from
4200-441: Is that law is a system of rules and guidelines which are enforced through social institutions to govern behaviour. In The Concept of Law , H. L. A. Hart argued that law is a "system of rules"; John Austin said law was "the command of a sovereign, backed by the threat of a sanction"; Ronald Dworkin describes law as an "interpretive concept" to achieve justice in his text titled Law's Empire ; and Joseph Raz argues law
4320-994: Is the Supreme Court ; in Australia, the High Court ; in India, the Supreme Court of India ; in the UK, the Supreme Court ; in Germany, the Bundesverfassungsgericht ; and in France, the Cour de Cassation . For most European countries the European Court of Justice in Luxembourg can overrule national law, when EU law is relevant. The European Court of Human Rights in Strasbourg allows citizens of
4440-632: Is the degree to which a political culture is concerned with issues which are not of immediate physical or material concern, such as human rights and environmentalism . Religion has also an impact on political culture. Political corruption is the use of powers for illegitimate private gain, conducted by government officials or their network contacts. Forms of political corruption include bribery , cronyism , nepotism , and political patronage . Forms of political patronage, in turn, includes clientelism , earmarking , pork barreling , slush funds , and spoils systems ; as well as political machines , which
4560-486: Is the legal systems in communist states such as the former Soviet Union and the People's Republic of China . Academic opinion is divided on whether it is a separate system from civil law, given major deviations based on Marxist–Leninist ideology, such as subordinating the judiciary to the executive ruling party. There are distinguished methods of legal reasoning (applying the law) and methods of interpreting (construing)
4680-418: Is the science of comparison and teaching of different types of constitutions , political actors, legislature and associated fields. International relations deals with the interaction between nation-states as well as intergovernmental and transnational organizations. Political philosophy is more concerned with contributions of various classical and contemporary thinkers and philosophers. Political science
4800-563: Is to make laws, since they are acts of the general will ; nor whether the prince is above the law, since he is a member of the State; nor whether the law can be unjust, since no one is unjust to himself; nor how we can be both free and subject to the laws, since they are but registers of our wills. Jean-Jacques Rousseau, The Social Contract , II, 6. The philosophy of law is commonly known as jurisprudence. Normative jurisprudence asks "what should law be?", while analytic jurisprudence asks "what
4920-683: The Manusmriti (c. 100–300 AD) were foundational treatises in India, and comprise texts considered authoritative legal guidance. Manu's central philosophy was tolerance and pluralism , and was cited across Southeast Asia. During the Muslim conquests in the Indian subcontinent , sharia was established by the Muslim sultanates and empires, most notably Mughal Empire 's Fatawa-e-Alamgiri , compiled by emperor Aurangzeb and various scholars of Islam. In India,
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5040-454: The "is" and what "ought to be" problem. Bentham and Austin argued for law's positivism ; that real law is entirely separate from "morality". Kant was also criticised by Friedrich Nietzsche , who rejected the principle of equality, and believed that law emanates from the will to power , and cannot be labeled as "moral" or "immoral". In 1934, the Austrian philosopher Hans Kelsen continued
5160-497: The Codex Hammurabi . The most intact copy of these stelae was discovered in the 19th century by British Assyriologists , and has since been fully transliterated and translated into various languages, including English, Italian, German, and French. The Old Testament dates back to 1280 BC and takes the form of moral imperatives as recommendations for a good society. The small Greek city-state, ancient Athens , from about
5280-591: The Council of Europe member states to bring cases relating to human rights issues before it. Some countries allow their highest judicial authority to overrule legislation they determine to be unconstitutional . For example, in Brown v. Board of Education , the United States Supreme Court nullified many state statutes that had established racially segregated schools, finding such statutes to be incompatible with
5400-710: The Dutch Republic . Scholars such as Steven Weber , David Woodward , Michel Foucault , and Jeremy Black have advanced the hypothesis that the nation state did not arise out of political ingenuity or an unknown undetermined source, nor was it an accident of history or political invention. Rather, the nation state is an inadvertent byproduct of 15th-century intellectual discoveries in political economy , capitalism , mercantilism , political geography , and geography combined with cartography and advances in map-making technologies . Some nation states, such as Germany and Italy , came into existence at least partly as
5520-478: The Early Middle Ages , Roman law was rediscovered around the 11th century when medieval legal scholars began to research Roman codes and adapt their concepts to the canon law , giving birth to the jus commune . Latin legal maxims (called brocards ) were compiled for guidance. In medieval England, royal courts developed a body of precedent which later became the common law . A Europe-wide Law Merchant
5640-559: The English Court of Common Pleas had five. This powerful and tight-knit judiciary gave rise to a systematised process of developing common law. As time went on, many felt that the common law was overly systematised and inflexible, and increasing numbers of citizens petitioned the King to override the common law. On the King's behalf, the Lord Chancellor started giving judgments to do what
5760-1218: The Enlightenment . Then, in the 19th century, both France, with the Code Civil , and Germany, with the Bürgerliches Gesetzbuch , modernised their legal codes. Both these codes heavily influenced not only the law systems of the countries in continental Europe but also the Japanese and Korean legal traditions. Today, countries that have civil law systems range from Russia and Turkey to most of Central and Latin America . In common law legal systems, decisions by courts are explicitly acknowledged as "law" on equal footing with legislative statutes and executive regulations . The "doctrine of precedent", or stare decisis (Latin for "to stand by decisions") means that decisions by higher courts bind lower courts to assure that similar cases reach similar results. In contrast , in civil law systems, legislative statutes are typically more detailed, and judicial decisions are shorter and less detailed because
5880-551: The Fourteenth Amendment to the United States Constitution . A judiciary is theoretically bound by the constitution, just as all other government bodies are. In most countries judges may only interpret the constitution and all other laws. But in common law countries, where matters are not constitutional, the judiciary may also create law under the doctrine of precedent . The UK, Finland and New Zealand assert
6000-645: The French , but mostly the German Civil Code. This partly reflected Germany's status as a rising power in the late 19th century. Similarly, traditional Chinese law gave way to westernisation towards the final years of the Qing Dynasty in the form of six private law codes based mainly on the Japanese model of German law. Today Taiwanese law retains the closest affinity to the codifications from that period, because of
6120-527: The Hindu legal tradition, along with Islamic law, were both supplanted by common law when India became part of the British Empire . Malaysia, Brunei, Singapore and Hong Kong also adopted the common law system. The Eastern Asia legal tradition reflects a unique blend of secular and religious influences. Japan was the first country to begin modernising its legal system along Western lines, by importing parts of
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#17328376004926240-654: The Latin Church sui juris . The Eastern Catholic Churches, which developed different disciplines and practices, are governed by the Code of Canons of the Eastern Churches . The canon law of the Catholic Church influenced the common law during the medieval period through its preservation of Roman law doctrine such as the presumption of innocence . Roman Catholic canon law is a fully developed legal system, with all
6360-474: The Old Norse word lǫg . The singular form lag meant ' something laid or fixed ' while its plural meant ' law ' . But what, after all, is a law? [...] When I say that the object of laws is always general, I mean that law considers subjects en masse and actions in the abstract, and never a particular person or action. [...] On this view, we at once see that it can no longer be asked whose business it
6480-608: The Quran has some law, and it acts as a source of further law through interpretation, Qiyas (reasoning by analogy), Ijma (consensus) and precedent . This is mainly contained in a body of law and jurisprudence known as Sharia and Fiqh respectively. Another example is the Torah or Old Testament , in the Pentateuch or Five Books of Moses. This contains the basic code of Jewish law, which some Israeli communities choose to use. The Halakha
6600-656: The Revolution and the rest of Europe including the European colonies. Constitutions often set out separation of powers , dividing the government into the executive , the legislature , and the judiciary (together referred to as the trias politica), in order to achieve checks and balances within the state. Additional independent branches may also be created, including civil service commissions , election commissions , and supreme audit institutions . Political culture describes how culture impacts politics. Every political system
6720-710: The Uruk period and Predynastic Egypt respectively around approximately 3000 BC. Early dynastic Egypt was based around the Nile River in the north-east of Africa , the kingdom's boundaries being based around the Nile and stretching to areas where oases existed. Early dynastic Sumer was located in southern Mesopotamia , with its borders extending from the Persian Gulf to parts of the Euphrates and Tigris rivers. Egyptians, Romans, and
6840-436: The World Trade Organization . The study of politics is called political science , It comprises numerous subfields, namely three: Comparative politics , international relations and political philosophy . Political science is related to, and draws upon, the fields of economics , law , sociology , history , philosophy , geography , psychology , psychiatry , anthropology , and neurosciences . Comparative politics
6960-676: The absolutist theory of Thomas Hobbes ' Leviathan . Sun Yat-sen 's Five Power Constitution for the Republic of China took the separation of powers further by having two additional branches of government—a Control Yuan for auditing oversight and an Examination Yuan to manage the employment of public officials. Max Weber and others reshaped thinking on the extension of state. Modern military, policing and bureaucratic power over ordinary citizens' daily lives pose special problems for accountability that earlier writers such as Locke or Montesquieu could not have foreseen. The custom and practice of
7080-647: The first civilizations to define their borders . Moreover, up to the 12th century, many people lived in non-state societies. These range from relatively egalitarian bands and tribes to complex and highly stratified chiefdoms . There are a number of different theories and hypotheses regarding early state formation that seek generalizations to explain why the state developed in some places but not others. Other scholars believe that generalizations are unhelpful and that each case of early state formation should be treated on its own. Voluntary theories contend that diverse groups of people came together to form states as
7200-412: The international level . In modern nation states , people often form political parties to represent their ideas. Members of a party often agree to take the same position on many issues and agree to support the same changes to law and the same leaders. An election is usually a competition between different parties. A political system is a framework which defines acceptable political methods within
7320-597: The "basic pattern of legal reasoning is reasoning by example"—that is, reasoning by comparing outcomes in cases resolving similar legal questions. In a U.S. Supreme Court case regarding procedural efforts taken by a debt collection company to avoid errors, Justice Sotomayor cautioned that "legal reasoning is not a mechanical or strictly linear process". Jurimetrics is the formal application of quantitative methods, especially probability and statistics , to legal questions. The use of statistical methods in court cases and law review articles has grown massively in importance in
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#17328376004927440-813: The 18th century, the classic non-national states were the multinational empires : the Austrian Empire , Kingdom of France , Kingdom of Hungary , the Russian Empire , the Spanish Empire , the Ottoman Empire , and the British Empire . Such empires also existed in Asia, Africa, and the Americas; in the Muslim world , immediately after the death of Muhammad in 632, Caliphates were established, which developed into multi-ethnic transnational empires. The multinational empire
7560-424: The 22nd century BC, the ancient Sumerian ruler Ur-Nammu had formulated the first law code , which consisted of casuistic statements ("if … then ..."). Around 1760 BC, King Hammurabi further developed Babylonian law , by codifying and inscribing it in stone. Hammurabi placed several copies of his law code throughout the kingdom of Babylon as stelae , for the entire public to see; this became known as
7680-571: The 4th century granted citizenship rights to their free population; in Athens these rights were combined with a directly democratic form of government that was to have a long afterlife in political thought and history. The Peace of Westphalia (1648) is considered by political scientists to be the beginning of the modern international system, in which external powers should avoid interfering in another country's domestic affairs. The principle of non-interference in other countries' domestic affairs
7800-467: The 6th century, which were rediscovered by 11th century Italy. Roman law in the days of the Roman Republic and Empire was heavily procedural, and lacked a professional legal class. Instead a lay magistrate , iudex , was chosen to adjudicate. Decisions were not published in any systematic way, so any case law that developed was disguised and almost unrecognised. Each case was to be decided afresh from
7920-431: The 8th century BC was the first society to be based on broad inclusion of its citizenry, excluding women and enslaved people . However, Athens had no legal science or single word for "law", relying instead on the three-way distinction between divine law ( thémis ), human decree ( nomos ) and custom ( díkē ). Yet Ancient Greek law contained major constitutional innovations in the development of democracy . Roman law
8040-506: The Greeks were the first people known to have explicitly formulated a political philosophy of the state, and to have rationally analyzed political institutions. Prior to this, states were described and justified in terms of religious myths. Several important political innovations of classical antiquity came from the Greek city-states ( polis ) and the Roman Republic . The Greek city-states before
8160-488: The King's entourage of judges hold their courts and judgments at "a certain place" rather than dispensing autocratic justice in unpredictable places about the country. A concentrated and elite group of judges acquired a dominant role in law-making under this system, and compared to its European counterparts the English judiciary became highly centralised. In 1297, for instance, while the highest court in France had fifty-one judges,
8280-502: The Quran as its constitution , and is governed on the basis of Islamic law. Iran has also witnessed a reiteration of Islamic law into its legal system after 1979. During the last few decades, one of the fundamental features of the movement of Islamic resurgence has been the call to restore the Sharia, which has generated a vast amount of literature and affected world politics . Socialist law
8400-1262: The Sharia: the Supreme Constitutional Court of Egypt may invalidate such laws, and in Iran the Guardian Council ensures the compatibility of the legislation with the "criteria of Islam". Prominent examples of legislatures are the Houses of Parliament in London, the Congress in Washington, D.C., the Bundestag in Berlin, the Duma in Moscow, the Parlamento Italiano in Rome and the Assemblée nationale in Paris. By
8520-430: The U.S. , the two systems were merged . In developing the common law, academic writings have always played an important part, both to collect overarching principles from dispersed case law and to argue for change. William Blackstone , from around 1760, was the first scholar to collect, describe, and teach the common law. But merely in describing, scholars who sought explanations and underlying structures slowly changed
8640-567: The adjudicator is only writing to decide the single case, rather than to set out reasoning that will guide future courts. Common law originated from England and has been inherited by almost every country once tied to the British Empire (except Malta, Scotland , the U.S. state of Louisiana , and the Canadian province of Quebec ). In medieval England during the Norman conquest , the law varied shire-to-shire based on disparate tribal customs. The concept of
8760-402: The change has happened (and when this return to the past would represent a major change in and of itself, reactionaries can simultaneously be revolutionaries). A revolution is also not the same as a coup d'état : while a coup usually involves a small group of conspirators violently seizing control of government, a revolution implies mass participation and popular legitimacy. Again, the distinction
8880-944: The cities') . In the mid-15th century, Aristotle's composition would be rendered in Early Modern English as Polettiques [ sic ], which would become Politics in Modern English . The singular politic first attested in English in 1430, coming from Middle French politique —itself taking from politicus , a Latinization of the Greek πολιτικός ( politikos ) from πολίτης ( polites , 'citizen') and πόλις ( polis , 'city'). There are several ways in which approaching politics has been conceptualized. Adrian Leftwich has differentiated views of politics based on how extensive or limited their perception of what accounts as 'political' is. The extensive view sees politics as present across
9000-534: The class they represent. After destructing the old order, revolutionaries help build a new government that adheres to the emerging social relationships that have been made possible by the advanced productive forces." Politics This is an accepted version of this page Politics (from Ancient Greek πολιτικά ( politiká ) 'affairs of the cities') is the set of activities that are associated with making decisions in groups , or other forms of power relations among individuals, such as
9120-575: The defining features of any legal system. Civil law is the legal system used in most countries around the world today. In civil law the sources recognised as authoritative are, primarily, legislation —especially codifications in constitutions or statutes passed by government—and custom . Codifications date back millennia, with one early example being the Babylonian Codex Hammurabi . Modern civil law systems essentially derive from legal codes issued by Byzantine Emperor Justinian I in
9240-430: The degree of horizontal integration between the legislature , the executive , the judiciary , and other independent institutions. The source of power determines the difference between democracies , oligarchies , and autocracies . In a democracy, political legitimacy is based on popular sovereignty . Forms of democracy include representative democracy , direct democracy , and demarchy . These are separated by
9360-733: The dissolution of the Austro-Hungarian Empire and the Ottoman Empire after the First World War , while the Russian Empire became the Soviet Union after the Russian Civil War . Decolonization lead to the creation of new nation states in place of multinational empires in the Third World . Political globalization began in the 20th century through intergovernmental organizations and supranational unions . The League of Nations
9480-532: The distribution of status or resources . The branch of social science that studies politics and government is referred to as political science . Politics may be used positively in the context of a "political solution" which is compromising and non-violent, or descriptively as "the art or science of government", but the word often also carries a negative connotation. The concept has been defined in various ways, and different approaches have fundamentally differing views on whether it should be used extensively or in
9600-406: The executive acts as both head of state and head of government, and has power to appoint an unelected cabinet. Under a presidential system, the executive branch is separate from the legislature to which it is not accountable. Although the role of the executive varies from country to country, usually it will propose the majority of legislation, and propose government agenda. In presidential systems,
9720-427: The formation of states. In contrast with voluntary theories, these arguments believe that people do not voluntarily agree to create a state to maximize benefits, but that states form due to some form of oppression by one group over others. Some theories in turn argue that warfare was critical for state formation. The first states of sorts were those of early dynastic Sumer and early dynastic Egypt , which arose from
9840-870: The golden age of Roman law and aimed to restore it to the peak it had reached three centuries before." The Justinian Code remained in force in the East until the fall of the Byzantine Empire . Western Europe, meanwhile, relied on a mix of the Theodosian Code and Germanic customary law until the Justinian Code was rediscovered in the 11th century, which scholars at the University of Bologna used to interpret their own laws. Civil law codifications based closely on Roman law, alongside some influences from religious laws such as canon law , continued to spread throughout Europe until
9960-524: The idea of the rule of law because he did not accept the primacy of abstract normative principles over concrete political positions and decisions. Therefore, Schmitt advocated a jurisprudence of the exception ( state of emergency ), which denied that legal norms could encompass all of the political experience. Later in the 20th century, H. L. A. Hart attacked Austin for his simplifications and Kelsen for his fiction in The Concept of Law . Hart argued law
10080-428: The ideal of parliamentary sovereignty , whereby the unelected judiciary may not overturn law passed by a democratic legislature. In communist states , such as China, the courts are often regarded as parts of the executive, or subservient to the legislature; governmental institutions and actors exert thus various forms of influence on the judiciary. In Muslim countries, courts often examine whether state laws adhere to
10200-597: The interactions through which values are authoritatively allocated for a society." Each political system is embedded in a society with its own political culture, and they in turn shape their societies through public policy . The interactions between different political systems are the basis for global politics . Forms of government can be classified by several ways. In terms of the structure of power , there are monarchies (including constitutional monarchies ) and republics (usually presidential , semi-presidential , or parliamentary ). The separation of powers describes
10320-524: The kinds of inquiries sought: primary sources such as historical documents and official records, secondary sources such as scholarly journal articles, survey research, statistical analysis , case studies , experimental research , and model building. The political system defines the process for making official government decisions. It is usually compared to the legal system , economic system , cultural system , and other social systems . According to David Easton , "A political system can be designated as
10440-564: The last few decades. It is a real unity of them all in one and the same person, made by covenant of every man with every man, in such manner as if every man should say to every man: I authorise and give up my right of governing myself to this man, or to this assembly of men, on this condition; that thou givest up, thy right to him, and authorise all his actions in like manner. Thomas Hobbes, Leviathan , XVII The main institutions of law in industrialised countries are independent courts , representative parliaments, an accountable executive,
10560-502: The law more difficult. A government usually leads the process, which can be formed from Members of Parliament (e.g. the UK or Germany). However, in a presidential system, the government is usually formed by an executive and his or her appointed cabinet officials (e.g. the United States or Brazil). The executive in a legal system serves as the centre of political authority of the State . In
10680-622: The law. In common law systems, judges may make binding case law through precedent, although on occasion this may be overturned by a higher court or the legislature. Religious law is in use in some religious communities and states, and has historically influenced secular law. The scope of law can be divided into two domains: public law concerns government and society, including constitutional law , administrative law , and criminal law ; while private law deals with legal disputes between parties in areas such as contracts , property , torts , delicts and commercial law . This distinction
10800-731: The law. The former are legal syllogism , which holds sway in civil law legal systems, analogy , which is present in common law legal systems, especially in the US, and argumentative theories that occur in both systems. The latter are different rules (directives) of legal interpretation such as directives of linguistic interpretation, teleological interpretation or systemic interpretation as well as more specific rules, for instance, golden rule or mischief rule . There are also many other arguments and cannons of interpretation which altogether make statutory interpretation possible. Law professor and former United States Attorney General Edward H. Levi noted that
10920-577: The laws of the State, which mirrors the (theoretical) unimportance of judges' decisions for future cases in civil law systems today. From 529 to 534 AD the Byzantine Emperor Justinian I codified and consolidated Roman law up until that point, so that what remained was one-twentieth of the mass of legal texts from before. This became known as the Corpus Juris Civilis . As one legal historian wrote, "Justinian consciously looked back to
11040-426: The legal profession is an important part of people's access to justice , whilst civil society is a term used to refer to the social institutions, communities and partnerships that form law's political basis. A judiciary is a number of judges mediating disputes to determine outcome. Most countries have systems of appeal courts, with an apex court as the ultimate judicial authority. In the United States, this authority
11160-472: The mid-1940s, efforts have been made, in country after country, to bring Sharia law more into line with modern conditions and conceptions. In modern times, the legal systems of many Muslim countries draw upon both civil and common law traditions as well as Islamic law and custom. The constitutions of certain Muslim states, such as Egypt and Afghanistan, recognise Islam as the religion of the state, obliging legislature to adhere to Sharia. Saudi Arabia recognises
11280-510: The military and police, bureaucratic organisation, the legal profession and civil society itself. John Locke, in his Two Treatises of Government , and Baron de Montesquieu in The Spirit of the Laws , advocated for a separation of powers between the political, legislature and executive bodies. Their principle was that no person should be able to usurp all powers of the state , in contrast to
11400-445: The more co-operative views of politics by Aristotle and Crick. However, a more mixed view between these extremes is provided by Irish political scientist Michael Laver, who noted that: Politics is about the characteristic blend of conflict and co-operation that can be found so often in human interactions. Pure conflict is war. Pure co-operation is true love. Politics is a mixture of both. The history of politics spans human history and
11520-669: The most influential. In contrast to English common law, which consists of enormous tomes of case law, codes in small books are easy to export and easy for judges to apply. However, today there are signs that civil and common law are converging. EU law is codified in treaties, but develops through de facto precedent laid down by the European Court of Justice . Ancient India and China represent distinct traditions of law, and have historically had independent schools of legal theory and practice. The Arthashastra , probably compiled around 100 AD (although it contains older material), and
11640-449: The necessary elements: courts , lawyers , judges, a fully articulated legal code, principles of legal interpretation, and coercive penalties, though it lacks civilly-binding force in most secular jurisdictions. Until the 18th century, Sharia law was practiced throughout the Muslim world in a non-codified form, with the Ottoman Empire 's Mecelle code in the 19th century being a first attempt at codifying elements of Sharia law. Since
11760-413: The norm in human prehistory, few stateless societies exist today; almost the entire global population resides within the jurisdiction of a sovereign state . In some regions nominal state authorities may be very weak and wield little or no actual power . Over the course of history most stateless peoples have been integrated into the state-based societies around them . Some political philosophies consider
11880-538: The notion of justice, and re-entered the mainstream of Western culture through the writings of Thomas Aquinas , notably his Treatise on Law . Hugo Grotius , the founder of a purely rationalistic system of natural law, argued that law arises from both a social impulse—as Aristotle had indicated—and reason. Immanuel Kant believed a moral imperative requires laws "be chosen as though they should hold as universal laws of nature". Jeremy Bentham and his student Austin, following David Hume , believed that this conflated
12000-464: The personal is political ", which disputes the distinction between private and public issues. Politics may also be defined by the use of power, as has been argued by Robert A. Dahl . Some perspectives on politics view it empirically as an exercise of power, while others see it as a social function with a normative basis. This distinction has been called the difference between political moralism and political realism . For moralists, politics
12120-564: The positivist tradition in his book the Pure Theory of Law . Kelsen believed that although law is separate from morality, it is endowed with "normativity", meaning we ought to obey it. While laws are positive "is" statements (e.g. the fine for reversing on a highway is €500); law tells us what we "should" do. Thus, each legal system can be hypothesised to have a ' basic norm ' ( German : Grundnorm ) instructing us to obey. Kelsen's major opponent, Carl Schmitt , rejected both positivism and
12240-483: The positivists for their refusal to treat law as a moral issue. Dworkin argues that law is an " interpretive concept" that requires judges to find the best fitting and most just solution to a legal dispute, given their Anglo-American constitutional traditions. Joseph Raz , on the other hand, defended the positivist outlook and criticised Hart's "soft social thesis" approach in The Authority of Law . Raz argues that law
12360-416: The principle of representative government people vote for politicians to carry out their wishes. Although countries like Israel, Greece, Sweden and China are unicameral , most countries are bicameral , meaning they have two separately appointed legislative houses. In the 'lower house' politicians are elected to represent smaller constituencies . The 'upper house' is usually elected to represent states in
12480-469: The question of the extent to which law incorporates morality. John Austin 's utilitarian answer was that law is "commands, backed by threat of sanctions, from a sovereign, to whom people have a habit of obedience". Natural lawyers , on the other hand, such as Jean-Jacques Rousseau , argue that law reflects essentially moral and unchangeable laws of nature. The concept of "natural law" emerged in ancient Greek philosophy concurrently and in connection with
12600-402: The sharing of many features traditionally considered typical of either common law or civil law. The third type of legal system is religious law, based on scriptures . The specific system that a country is ruled by is often determined by its history, connections with other countries, or its adherence to international standards. The sources that jurisdictions adopt as authoritatively binding are
12720-400: The sphere of human social relations, while the limited view restricts it to certain contexts. For example, in a more restrictive way, politics may be viewed as primarily about governance , while a feminist perspective could argue that sites which have been viewed traditionally as non-political, should indeed be viewed as political as well. This latter position is encapsulated in the slogan "
12840-454: The split between Chiang Kai-shek 's nationalists, who fled there, and Mao Zedong 's communists who won control of the mainland in 1949. The current legal infrastructure in the People's Republic of China was heavily influenced by Soviet Socialist law , which essentially prioritises administrative law at the expense of private law rights. Due to rapid industrialisation, today China is undergoing
12960-423: The state undesirable, and thus consider the formation of a stateless society a goal to be achieved. A central tenet of anarchism is the advocacy of society without states. The type of society sought for varies significantly between anarchist schools of thought , ranging from extreme individualism to complete collectivism . In Marxism , Marx's theory of the state considers that in a post-capitalist society
13080-441: The state, an undesirable institution, would be unnecessary and wither away . A related concept is that of stateless communism , a phrase sometimes used to describe Marx's anticipated post-capitalist society. Constitutions are written documents that specify and limit the powers of the different branches of government. Although a constitution is a written document, there is also an unwritten constitution. The unwritten constitution
13200-515: The states or the federal political body. Federations were formed first in Switzerland, then in the United States in 1776, in Canada in 1867 and in Germany in 1871 and in 1901, Australia . Compared to a federation , a confederation has less centralized power. All the above forms of government are variations of the same basic polity , the sovereign state . The state has been defined by Max Weber as
13320-401: The surface may end up reinforcing established institutions. Likewise, evidently small changes may lead to revolutionary consequences in the long term. Thus the clarity of the distinction between revolution and reform is more conceptual than empirical. A conservative is someone who generally opposes such changes. A reactionary is someone who wants things to go back to the way they were before
13440-776: The way decisions are made, whether by elected representatives, referendums , or by citizen juries . Democracies can be either republics or constitutional monarchies. Oligarchy is a power structure where a minority rules. These may be in the form of anocracy , aristocracy , ergatocracy , geniocracy , gerontocracy , kakistocracy , kleptocracy , meritocracy , noocracy , particracy , plutocracy , stratocracy , technocracy , theocracy , or timocracy . Autocracies are either dictatorships (including military dictatorships ) or absolute monarchies . In terms of level of vertical integration, political systems can be divided into (from least to most integrated) confederations , federations , and unitary states . A federation (also known as
13560-614: The way the law actually worked. Religious law is explicitly based on religious precepts. Examples include the Jewish Halakha and Islamic Sharia —both of which translate as the "path to follow". Christian canon law also survives in some church communities. Often the implication of religion for law is unalterability because the word of God cannot be amended or legislated against by judges or governments. Nonetheless, most religious jurisdictions rely on further human elaboration to provide for thorough and detailed legal systems. For instance,
13680-418: The word "law" had two different and irreconcilable meanings. Thurman Arnold said that it is obvious that it is impossible to define the word "law" and that it is also equally obvious that the struggle to define that word should not ever be abandoned. It is possible to take the view that there is no need to define the word "law" (e.g. "let's forget about generalities and get down to cases "). One definition
13800-437: Was an absolute monarchy ruled by a king, emperor or sultan . The population belonged to many ethnic groups, and they spoke many languages. The empire was dominated by one ethnic group, and their language was usually the language of public administration. The ruling dynasty was usually, but not always, from that group. Some of the smaller European states were not so ethnically diverse, but were also dynastic states, ruled by
13920-467: Was equitable in a case. From the time of Sir Thomas More , the first lawyer to be appointed as Lord Chancellor, a systematic body of equity grew up alongside the rigid common law, and developed its own Court of Chancery . At first, equity was often criticised as erratic. Over time, courts of equity developed solid principles , especially under Lord Eldon . In the 19th century in England, and in 1937 in
14040-490: Was formed so that merchants could trade with common standards of practice rather than with the many splintered facets of local laws. The Law Merchant, a precursor to modern commercial law, emphasised the freedom to contract and alienability of property. As nationalism grew in the 18th and 19th centuries, the Law Merchant was incorporated into countries' local law under new civil codes. The Napoleonic and German Codes became
14160-724: Was founded after World War I , and after World War II it was replaced by the United Nations . Various international treaties have been signed through it. Regional integration has been pursued by the African Union , ASEAN , the European Union , and Mercosur . International political institutions on the international level include the International Criminal Court , the International Monetary Fund , and
14280-461: Was heavily influenced by Greek philosophy, but its detailed rules were developed by professional jurists and were highly sophisticated. Over the centuries between the rise and decline of the Roman Empire , law was adapted to cope with the changing social situations and underwent major codification under Theodosius II and Justinian I . Although codes were replaced by custom and case law during
14400-540: Was laid out in the mid-18th century by Swiss jurist Emer de Vattel . States became the primary institutional agents in an interstate system of relations. The Peace of Westphalia is said to have ended attempts to impose supranational authority on European states. The "Westphalian" doctrine of states as independent agents was bolstered by the rise in 19th century thought of nationalism , under which legitimate states were assumed to correspond to nations —groups of people united by language and culture. In Europe , during
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