92 research outputs found
Sovereignty, Territory, and Population in Jean Bodin's "République"
This article offers a re-interpretation of Jean Bodin’s Six livres de la République (1576), a work that deeply transformed European political discourse at the time of the French Wars of Religion and that had important repercussions on the later ‘reason of state’ tradition. Highlighting the ties between Bodin’s definition of sovereignty in Book 1 and his discussion of demographic growth and territorial expansion in Books 4, 5, and 6, the article shows that Bodin’s critical contribution to early modern political thought, far from being limited to his reframing of the juristic concept of souveraineté or maiestas, extends to his novel understanding of the territory as a non-juridical ‘technologie politique’ (Michel Foucault). Through an examination of Bodin’s work and its later reception, the article argues that Bodin’s insights about territorial and demographic matters played a fundamental role in the early modern ‘territorialisation de la politique’ (Romain Descendre), in that they helped redefine the very terms in which the notion of territory would be understood and discussed in the following decades
The New EU Criminal Law Competence in Action: The Proposal for a Directive on Criminal Sanctions for Insider Dealing and Market Manipulation. IES WORKING PAPER 5/2013
The aim of this paper is to analyse the proposed Directive on criminal sanctions for
insider dealing and market manipulation (COM(2011)654 final), which represents the
first exercise of the European Union competence provided for by Article 83(2) of the
Treaty on the Functioning of the European Union. The proposal aims at harmonising
the sanctioning regimes provided by the Member States for market abuse, imposing
the introduction of criminal sanctions and providing an opportunity to critically
reflect on the position taken by the Commission towards the use of criminal law.
The paper will discuss briefly the evolution of the EU’s criminal law competence,
focusing on the Lisbon Treaty. It will analyse the ‘essentiality standard’ for the
harmonisation of criminal law included in Article 83(2) TFEU, concluding that this
standard encompasses both the subsidiarity and the ultima ratio principles and
implies important practical consequences for the Union’s legislator.
The research will then focus on the proposed Directive, trying to assess if the
Union’s legislator, notwithstanding the ‘symbolic’ function of this proposal in the
financial crisis, provides consistent arguments on the respect of the ‘essentiality
standard’. The paper will note that the proposal raises some concerns, because of
the lack of a clear reliance on empirical data regarding the essential need for the
introduction of criminal law provisions. It will be stressed that only the assessment
of the essential need of an EU action, according to the standard set in Article 83(2)
TFEU, can guarantee a coherent choice of the areas interested by the harmonisation
process, preventing the legislator to choose on the basis of other grounds
Debating Greatness from Machiavelli to Burton
From early humanist treatises on city government in Italy to Rousseau’s "Social Contract", “greatness” (grandezza, grandeza, grandeur) was often presented as both the aim that political communities should pursue and the touchstone to measure their relative success. But what exactly should be understood by “greatness”, and how could it be achieved? Although most authors agreed that it took more than a large territory for a state to be truly “great”, they all seemed to prioritise different things: political liberty, military strength, material wealth, absence of strife, a solid social and political order, or the happiness and overall wellbeing of the citizens. In an age of state- and empire-building, the debate on the nature of political “greatness” raised critical questions and contributed to shaping the agenda and the self-representation of European powers. By concentrating on a few selected thinkers (Machiavelli, Bodin, Botero, Bacon, Burton) whose works form a complex network of mutual influences, this chapter seeks to investigate an exemplary case of unceasing dialogue between the Renaissance and the early modern period
Between Nature and Culture: The Integrated Ecology of Renaissance Climate Theories
This essay examines French Renaissance “climate theories” as a privileged locus for rethinking the relationship between “nature” and “culture” in a dynamic and non-dualistic way (B. Latour). Climate theories, first advanced in ancient Greece by authors such as Hippocrates and Aristotle, were widely invoked in the Renaissance to explain temperamental differences among individuals as well as cultural and ethnic differences among human collectives. While scholars often bring such theories together under the umbrella term of “climatic determinism”, this article argues that Renaissance climate theories are in fact predominantly anti-deterministic, as they acknowledge the possibility for humans to shield themselves from climate’s influence in a variety of ways, including diet, music, and a liberal education. Far from postulating an absolute power of “nature” over “culture”, Renaissance climate theories draw attention to the peculiar “epistemic space” (lieu epistémique, J.-B. Fressoz) in-between nature and culture, as they seek to illuminate the mutually-constitutive interactions between the two. Thus, climate theories also shed light on the radical embeddedness of humans in nature, helping us to evisage man not as “external to nature” and standing in a relation of “domination or opposition” to it, but as deeply inscribed in natural processes (C. Larrère). Building on foundational scholarship by Bruno Latour and others, this essay proposes an analysis of some better- and lesser-known examples of French Renaissance climate theories (e.g. Louis Le Roy, Jean Bodin, Nicolas Abraham de La Framboisière) in order to reflect on what the “environmental reflexivity” of early modern societies can bring to a new “integrated ecology” of nature and human culture (J.-B. Fressoz, C. Larrère)
"Justice et liberté". Des volontaires italiens en Catalogne (1936-1937)
Analyse de l'expérience des volontaires italiens de "Giustizia e Libertà" dans la Guerre Civile d'Espagne à travers leurs reportages de guerre, carnets personnels et lettres privées, pour faire ressortir le caractère existentiel et philosophique de leur militantism
Amitié, harmonie et paix politique chez Aristote et Jean Bodin
La crise politique et religieuse de la seconde moitié du xvie siècle ouvre la voie en France à un débat enflammé concernant les limites du pouvoir souverain et le rôle du peuple au sein de l’État. Dans les Six livres de la République (1576), Jean Bodin développe un programme de réforme éthico-politique envisageant l’amitié entre les citoyens comme pierre angulaire de l’État. Bien que s’inspirant largement des réflexions d’Aristote sur le même sujet (Éthique à Nicomaque, Politique), il remplace toutefois la théorie aristotélicienne de l’amitié-égalité (laquelle entraîne chez le Stagirite une vision égalitariste de la société et un net refus de la monarchie) par une nouvelle théorie de l’amitié-harmonie qui lui permet de justifier la nature hiérarchique et monarchique de sa « République bien ordonnée »
Introduction: Ruling "Climates" in the Early Modern World
Introduction to Sara Miglietti and John Morgan (eds). Governing the Environment in the Early Modern World: Theory and Practice. Abingdon and New York: Routledge, 201
Environmental Ethics For A Fallen World: Johann Jakob Scheuchzer (1672–1733) And The Boundaries Of Human Agency
This article traces the formation of a (self-)critical discourse around human environmental agency in early Enlightenment Europe, focusing on the Swiss naturalist Johann Jakob Scheuchzer (1672–1733) and the Royal Society milieus to which he was connected. In manuscript and printed writings, and particularly in his beautifully illustrated Physica sacra (1731–1735), Scheuchzer used a combination of biblical exegesis, thought experiments, and ecological insights to reflect about the relationship between God, humankind, and nature. Against claims that the tradition of natural theology in which Scheuchzer belonged “prevented and delayed the acknowledgment of the earth as vulnerable” (Kempe 2003b, p. 166), the article shows how different thinkers could use the Bible to support competing claims regarding the role of humans as agents in God’s creation. While some authors enthusiastically upheld contemporary ideologies of environmental ‘improvement’, others—including Scheuchzer himself—called for greater self-restraint and developed a biblically-grounded form of precautionary environmental ethics
Climate theories in Italy
“Climate theory” is a modern umbrella term for various historical doctrines that highlighted the impact of climatic and geographical factors (e.g., temperature, winds, relief, etc.) on human bodies, minds, and behaviours. Such doctrines were often associated with ethnic stereotyping, as different regions of the earth were thought to engender distinctive “national characters”: e.g., the gluttonous German, the vengeful Italian, the fickle French. While the origins of climate theory date back to classical antiquity, with the Hippocratic school of medicine and the theory of the humors, the early modern period is often considered the heyday of this tradition. Modern surveys of climate theory generally highlight the role played by French thinkers such as Jean Bodin (1529-1596), who wrote extensively about the impact of climate on national character and about its implications for politics and law-making. Yet climate theory was not the monopoly of any one thinker or nation. On the contrary, it circulated widely throughout Europe, crisscrossing geographic and linguistic borders through the medium of print, translation, and epistolary networks of intellectual exchange. At the same time, climate theory particularly flourished in places where universities, academies, and princely courts fostered continued engagement with ancient and medieval texts steeped in that tradition. Italy in the sixteenth and seventeenth centuries was just such a place. Doctors, philosophers, theologians, and political thinkers discussed these theories from various standpoints, sometimes engaging in heated controversies. In particular, three major points of debate were the scale at which environmental influences should be studied, the relationship between environment and ethics, and the accommodation of classical ideas to Catholic doctrine and to the missionary agenda of the Counter-Reformation Church
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