Samaneh Rahmatifar
Abstract
From Aristotle era to globalization, political society has been divided into two sectors: sovereigns and subjects. In recent decades a new sector is recreated known as civil society. Civil society is the subject of law and the source of rights and duties simultaneously. Reconstruction of civil society ...
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From Aristotle era to globalization, political society has been divided into two sectors: sovereigns and subjects. In recent decades a new sector is recreated known as civil society. Civil society is the subject of law and the source of rights and duties simultaneously. Reconstruction of civil society has disrupted the planar structure of political society, moreover has redefined binding and sanction of legal rules. No more binding is the most important element of legal rules; civil society sets persuasiveness instead of it as the core element of legal rules. There is a direct relationship between civil society and democracy; this means that they enforce each other; consequently civil society finds a new role in the triangle of government, private sector and citizens hereupon enters into legal theories. All these changes caused by globalization. Former international law had intergovernmental structure; it means that just the governments and intergovernmental organizations were entities of international law; whereas now individuals claim that they are active entities of law while they are organized in institutions of civil society. This article focuses on the influences of above evolution on lawmaking.
Mohammad Reza Vijhe; Arian Petoft
Abstract
With the advent of globalization and post-regulatory States that enhance social relations and communications at the national and international levels, various political, economic, social and cultural powers have been emerged resulting in the appearance of a pluralistic sovereignty. Intellectual and philosophical ...
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With the advent of globalization and post-regulatory States that enhance social relations and communications at the national and international levels, various political, economic, social and cultural powers have been emerged resulting in the appearance of a pluralistic sovereignty. Intellectual and philosophical foundations of this matter is well evident in Foucault's thought. Therefore, with the study of sovereignty in the area of global governance and post-regulatory States, and explaining the philosophical roots of the post-modern concept of sovereignty in Foucault's thought, it is revealed that the concept of sovereignty is deeply changed in meaning; and so, this paper attempts to analyze this new concept of sovereignty. Moreover, the understanding of recent concept of sovereignty to determine future policies and laws of the society deems significant. Focusing on public law, the postmodern concept of sovereignty is portrayed in this paper.
