Právněhistorické studie / Legal History Studies (Charles University journal; below referred to as PHS or Journal) is a scientific journal listed in the international prestigious database SCOPUS. The journal is published by Charles University in Prague under the guarantee of the Department of Legal History of the Faculty of Law of Charles University. It is published by the Karolinum Press. The journal focuses on the field of legal history and related topics.
Issue 1 of the Journal was published by the Czechoslovak Academy of Sciences Publishing in June 1955. The Journal was initially published by the Cabinet of Legal History of the Czechoslovak Academy of Science (CSAV), later by the Institute of State and Law (CSAV) and then by the Institute of Legal History of the Faculty of Law of Charles University.
PHS is issued three times a year in April, August, and December and it presents original scientific works/papers as well as reviews, annotations and news from the scientific field of legal history. It also introduces annotated texts of a legal history nature. PHS accepts manuscripts from domestic as well as foreign authors. Manuscripts submitted by foreign authors are published in original language, namely in English, Slovak, German, French, Italian or Polish.
PHS (ISSN 0079-4929) is registered in the Czech national ISSN centre (supervised by the State Technical Library). The Journal is registered by the Ministry of Culture of the Czech Republic according to Act No. 46/2000 Sb., on Rights and Liabilities for the Publishing of Periodicals and Change of Some Acts (Press Act), and it is allocated with registration number of periodical press MK E 18813.
PHS is an open journal and ensures open access to scientific data (Open Access). The entire content is released as open to the public on the web pages of the journal.
The journal is archived in Portico.
PRÁVNĚHISTORICKÉ STUDIE, Vol 46 No 2 (2016), 5–24
Pojetí suverenity lidu v antické filosofii a právním myšlení
[The Concept of the Sovereignty of the People within the Ancient Philosophy and Legal Thought]
Tomáš Havel
published online: 26. 05. 2017
abstract
The aim of this article is to analyse and to interpret, firstly, the relation between those who govern and those who are governed in the historical, political and legal context within the ancient times; and secondly, the concept of sovereignty of the people, including the reflection on the nature of the people. The article analyses to what extent it is possible to reach a general consensus on issues of good and evil, particularly in determining what is normatively more important and what is less important, what is still acceptable and what is not in terms of the requirements for coexistence of people of different levels of education, different social status, different cultures and mentalities. These questions have been asked by great philosophers of the past; an intuitive approach was chosen by Plato and Augustine, who were both thinking in metaphysical categories. In contrast, Aristotle came up with an empirical-analytical approach for examining forms of government and their classification. The Roman Republic was based on narratives about the expulsion of the kings and was characterized by a mixed form of government, where the democratic component did not play a significant role. This article regards the teachings of Dante and Marsilius in a similar light because within the historical conditions of their times, the people themselves were not a source of power, but rather forced to play out the absolute monarch’s will which was effected by his battle with the church. Given the fact that the share in the government in the Roman Republic was determined by social status, even though there was a slight progress in this regard over time, this article concludes that it seems not be accurate to label the Roman governmental structure as a system, which took advantage of the concept of the sovereignty of the people when governing.
Pojetí suverenity lidu v antické filosofii a právním myšlení is licensed under a Creative Commons Attribution 4.0 International License.
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ISSN: 0079-4929
E-ISSN: 2464-689X
