scholarly journals “Bodies can be compelled; minds must be turned, since they cannot be compelled”: Preaching as an “Introduction” to Law in the Ecclesiastes of Erasmus of Rotterdam

2021 ◽  
pp. 7-19
Author(s):  
Dawid Nowakowski
Keyword(s):  
Human Life ◽  
The Political ◽  
Short Discussion ◽  
Political Dimension ◽  
Law Of Nature ◽  
Xvith Century ◽  
The People ◽  
The Law ◽  
Theory Of Law ◽  
The One

The recent studies on the relations between humanism or humanists and jurisprudence convince that Reneaissance, especially in XVIth century, when the national states began to raise, belonged to the periods of increased interest in the issue of law. Although Erasmus was not a layer, nor he introduced in any of his works a complete theory of law, he maintained close relations with many leading theoreticians of the law and jurists (Alciati, Budé, Cantiuncula, Zasius) and sometimes spoke in the legal discussions of his age. Among hist most important works concerning the matter of law were: Institutio principis Christiani, Ratio seu Methodus verae theologiae, Christiani matrimonii institutio, De interdicto esu carnium and Ecclesiastes. In the paper I’m going to concentrate on this latter work, in which Erasmus discusses the significance of preaching, preacher and widely understood Christian rhetoric. In the Ecclesiastes Erasmus touches the law subject with the special emphasis on historical character of law and relations between the divine law, the law of Christ and the law of Nature. After a short discussion about his understaning of law I will concentrate on the essential differentiation between the letter of law and the spirit of law, and I will point at proposed by Erasmus ways of introduction of law into human life. Erasmus, on the one hand, escaped a rigidity and abstraction of law and, on the other, he neutralised an aspect of the coercion of law. In his solution Erasmus appreciated the political dimension of preaching and acknowledged preacher as a more important guide of the people, than ruler. I’m going to interpret the Erasmian concept of preaching as an rhetorical mean of introduction of law in analogical way to “introduction” proposed by Plato in his Nomoi.

نظام التوثيق وأثره في إدارة الأصول الوقفية في دولة الإمارات العربية المتحدة: نماذج من إمارة الشارقة (Documentation System and its Impact on Endowment Managements in United Arabic Emirates: The Study of Emirate of Sharjah)

2019 ◽  
Vol 16 (2) ◽  
pp. 166-193
Author(s):  
مها بنت منصور الصائغ
Keyword(s):  
Human Life ◽  
Documentation System ◽  
The People ◽  
Endowment Management ◽  
Long Time ◽  
History Of ◽  
The Law

شهد تاريخ الأمة الإسلامية حضارة ونهضة عالمية في جميع مجالات الحياة الإنسانية، ومما كان له كبير الأثر في ذلك هو الأوقاف التي بدأت مع سيد البشرية محمد صلى الله عليه وسلم واستمرت بتنوع وشمولية إلى عصرنا الحالي؛ ولكن ما تعرضت إليه الأوقاف من إهمال وإقصاء وضياع يرجع لأسباب عديدة من أهمها غياب التوثيق الوقفي. تقوم الدراسة على تتبع مفهوم الوقف والتوثيق، والوقف في الإمارات العربية المتحدة ول سيما في إمارة الشارقة. توصلت الدراسة إلى نتائج منها: أن الأوقاف قائمة منذ زمن بعيد، وأن رغبة الواقف بالوقف وإقدامه عليها لم ينقصها سوى وثيقة، وأنه لا وثائق لها ولا مستندات، كما أن العرض الموجز لنشأة دائرة الأوقاف بالشارقة وسعيها لإحياء سنة الوقف ونشر ثقافته نراه يتضح شيئاً فشيئاً من خلال تفعيل مواد القانون والبحث حول الأنسب والأصح لحماية الأوقاف، ولم يكن هذا الاهتمام بالوقف إلا انعكاساً لتوجه الواقفين وتماشياً لرؤية الحكام وامتثالاً لنهج خير الأنام ورغبة في تكافل الأرواح وحباً للسلام. الكلمات المفتاحيّة: الوقف، التوثيق، المقارنة، الشارقة. Abstract The history of Islamic nation has witnessed a global civilization and it has had a great impact in all areas of human life, including the endowments that began with the master of humankind; Muhammad S.A.W. and it was continuing in diversity and comprehensively until our epoch. However, there are some problems related to endowment management such as negligence, exclusion and loss that due to many reasons. Among the most important reasons is the absence of endowment documentations. Therefore, the study aims to discuss the concept of endowment and documentation, as well as the endowment in United Arabic Emirates, especially in the Emirate of Sharjah. The study concluded that the practice of endowment has been existed for a long time, yet there are in need of endowment documentations. This study also found that the information related to the establishment of institution of endowment in Sharjah and its role has   spread widely to the people through the enforcement of the law and the implementation of the research related to the practice of endowment in order to sustain them in a good way. This documentation system was only a reflection of what has  stated in Shariah laws regarding the practice of endowment among the donors, so that it will be in line with the approach of good intentions and love of peace. Keywords: Endowment, Documentation, Comparison, Sharjah.   

scholarly journals Nemzetközi kitekintés az első szakképzési törvény korszakáról

2019 ◽  
Vol 6 (1) ◽  
Author(s):  
István Lükő
Keyword(s):  
Legal Regulation ◽  
The Political ◽  
Training Centre ◽  
25Th Anniversary ◽  
International Dimension ◽  
Political Events ◽  
New Directions ◽  
The Law ◽  
The Government ◽  
The One

A cikk a szakképzési törvény megjelenésének 25. évfordulója alkalmából rendezett „25 éves a szakképzési törvény - Korszakos változások - új irányok” című konferencia előadása alapján készült, amelyet a szerző vezette Az első szakképzési törvény gazdasági- társadalmi környezete nemzetközi kitekintésbe című Panel keretében tartott.Ez a negyedszázados esemény a társadalmi-gazdasági szinten zajló rendszerváltás fontos része volt a másik két oktatási alrendszer törvényi szabályozásával együtt.Az írás ezt a korszakot, illetve a törvényhez kapcsolódó gazdasági-társadalmi környezetet mutatja be nemzetközi kontextusban.A téma elvi-elméleti felvezetéseként a szerző áttekinti a különböző szempontok és léptékek szerinti szakképzési modelleket, amelyek a világban fellelhetők. The government formed after the political events in 1989 considered the comprehensive transformation of the educational system, primarily by legal regulation, as one of their main tasks. After years of preparation, the three acts on education were passed in 1993, including the Act on VET. Several documents, e.g. the National Qualification Registry, are connected to this law; in this article I have undertaken to examine these connections and to make comparisons to other countries. On the occasion of the 25th anniversary of the law taking effect, on May 5th 2018 the Hungarian Association for Pedagogy and the Teacher Training Centre of the BME organized a monumental conference titled The Law on VET becomes 25 years old – Epochal changes – new directions in Budapest at the BME. After the plenary sessions, five panels were held – I was the moderator of the one titled: The socio-economic environment of the first VET act in an international dimension, and I held a short lecture here with a similar title. 

scholarly journals PROSES PENYELESAIAN SENGKETA PERDATA DI PENGADILAN NEGERI DALAM KAITANNYA DENGAN TRANSAKSI YANG MENGGUNAKAN INTERNET

2013 ◽  
Vol 8 (2) ◽  
Author(s):  
Sanyoto Sanyoto ◽  
Antonius Sidik Maryono ◽  
Rahadi Wasi Bintoro
Keyword(s):  
Human Life ◽  
Civil Conflict ◽  
Internet Technology ◽  
Face To Face ◽  
The People ◽  
Banking Activity ◽  
Private Rights ◽  
The Law ◽  
The Individual ◽  
The Relationship

The growth of technological Progress make the change of pattern in  the socialize human life, and it can conduct the economic activity in the local scale, regional and also global. In the individual assocciation by using internet technology will take the relation pattern between individual which it is unlike what that happened in the real world. By the existence of internet, contractual terms between subject of law and each other without meeting (face to face), even it is enabled for subject of law not to recognizing each other. During the people conducting activity in the illusory world, especially in the private law, like commerce, agreement and also banking activity, it is enabled to take a problems such as performed in the conventional private relationship. If the consumer internet in the private activity feel their private rights are impinged and they are wish to claim their rights, so there is civil conflict.  The relationship between the individual in the transaction using internet not yet arrange peculiarly in law and regulation. But judge have to find the law and also create the law if he confronted with a dispute in the transaction using internet. Kata kunci : hakim, hukum, internet, perdagangan elektronik, tanda tangan digital

The State and the Rule of Law

1970 ◽  
Vol 2 (1) ◽  
pp. 7-13
Author(s):  
Andrzej Zoll
Keyword(s):  
Rule Of Law ◽  
Political System ◽  
The State ◽  
The Political ◽  
The Rule Of Law ◽  
The Law ◽  
Democratic Principles ◽  
Set Up ◽  
The One ◽  
Real Chance

The changes brought about in Poland and elsewhere in Europe by the fall of Communism have given rise to hopes for the establishment of a political system differing from the one which had been the fate of these countries. In place of totalitarianism, a new political system is to be created based on the democratic principles of a state under the rule of law. The transformation from totalitarianism to democracy is a process which has not yet been completed in Poland and still requires many efforts to be made before this goal may be achieved. One may also enumerate various pitfalls jeopardising this process even now. The dangers cannot be avoided if their sources and nature are not identified. Attempts to pervert the law and the political system may only be counteracted by legal means if the system based on the abuse of the law has not yet succeeded in establishing itself. Resistance by means of the law only has any real chance of success provided it is directed against attempts to set up a totalitarian system. Once the powers which are hostile to the state bound by the rule of law take over the institutions of the state, such resistance is doomed to failure.

Law in Doctrine and Life According to Martin Luther

2017 ◽  
Author(s):  
Risto Saarinen ◽  
Derek R. Nelson
Keyword(s):  
Interpersonal Relationships ◽  
Human Life ◽  
Golden Rule ◽  
Human Beings ◽  
Christian Life ◽  
God's Will ◽  
Rabbinic Judaism ◽  
Unity In Diversity ◽  
The Law ◽  
The One

The law both is and functions in Martin Luther’s theology. To the extent that it simply is, the law is wholly good, just, and pure. It reveals God’s benevolent providence for creation by instantiating structures of human relationships, natural processes, and social arrangements within which human life and all of creation can flourish. Luther regards the essential character of the law in a way reminiscent of the haggadah tradition of Rabbinic Judaism, where the law is a narrative which reveals features of the lawgiver. Under the conditions of sin, however, the law can be experienced as wrath by humans who cannot fulfill what it requires, and who suffer as a result of their own transgression of the Word of God or as a result of the transgressions of others. It functions thus as a curb against wickedness and as a means of exposing sin to be sin. Its continued presence in the life of the believer is necessary, as Luther clarified in his various debates with Johann Agricola and the so-called “Antinomians.” When the law is understood only in its antinomy with the gospel, the life-affirming elements of the law are occluded, even as the gospel’s life-redeeming elements are thereby rendered clear. While numerous fine distinctions can be found in Luther’s theology of the law, it maintains a basic unity-in-diversity. God wills singly in dealing with human beings as his creatures. Therefore “civil law,” the Decalogue, and other manifestations of the law are facets of the one will of God for the flourishing of creation. Recent Pauline scholarship has criticized Luther for eisegesis on Paul’s view of the law; Luther needed to see his contemporary Roman partisans as Paul’s legalistic Jewish opponents, they say, and so he read Romans as a critique of 16th-century “works righteousness.” This view ignores the fact that Luther (and Augustine) viewed the post-conversion Paul as “continent” in doing the works of the law, neither weak-willed nor perfectly virtuous. Law is necessary for doctrine, but it is also important for the “Christian life” because it helps the believer to understand the reciprocity that underlies interpersonal relationships, seen especially in the “golden rule” that functions as the epitome of the Christian life. The radical receptivity (i.e., passivity) that characterizes the life of faith in believers enables the experience of God’s will, understood as law or command, in a constructive and beneficial way. While Christian life should employ a “faith approach” rather than a “law approach,” genuine faith in God does, in fact, reveal the true meaning of the law. This might be called the “second use of the gospel” in that God’s command (Gebot), viewed in light of the gospel, becomes a source of guidance for the Christian life, the ten commandments, the double love command, and the Sermon on the Mount chief among them.

The People, Rhetoric, and Affect: On the Political Force of Du Bois'sThe Souls of Black Folk

2012 ◽  
Vol 106 (1) ◽  
pp. 188-203 ◽  
Author(s):  
MELVIN L. ROGERS
Keyword(s):  
Political Theory ◽  
The Other ◽  
The Political ◽  
Emotional States ◽  
Black Folk ◽  
The People ◽  
The Status ◽  
Souls Of Black Folk ◽  
Racial Lines ◽  
The One

In recent decades, the concept of “the people” has received sustained theoretical attention. Unfortunately, political theorists have said very little about its explicit or implicit use in thinking about the expansion of the American polity along racial lines. The purpose of this article in taking up this issue is twofold: first, to provide a substantive account of the meaning of “the people”—what I call its descriptive and aspirational dimensions—and second, to use that description as a framework for understanding the rhetorical character of W.E.B. Du Bois's classic work,The Souls of Black Folk, and its relationship to what one might call the cognitive–affective dimension of judgment. In doing so, I argue that as a work of political theory,Soulsdraws a connection between rhetoric, on the one hand, and emotional states such as sympathy and shame, on the other, to enlarge America's political and ethical imagination regarding the status of African-Americans.

Heraclitus on Law (Fr.114 DK)

Rhizomata ◽  
2015 ◽  
Vol 3 (1) ◽  
Author(s):  
Malcolm Schofield
Keyword(s):  
The Political ◽  
Human Intelligence ◽  
Powerful Source ◽  
Political Sphere ◽  
Important Resource ◽  
The Law ◽  
The One

AbstractNo Heraclitean fragment that bears on the political sphere compares with Fr.114 in length or theoretical ambition. Its basic preoccupation as often is with human intelligence and the need for better understanding. But its claim about the resources available to understanding is developed by means of an analogy with the city’s reliance on law and thereby on the ‘one divine’. And this is the dimension of the fragment that has most engaged scholars. It is generally supposed that a main lesson taught by the analogy is that, important resource though its law is for a city, ‘what is common’ provides understanding with a much stronger resource. This paper argues that that interpretation is misconceived: there could be no more powerful source of support than the ‘one divine’. Heraclitus’ point is rather that humans need to muster more strength to get the support available to understanding than citizens have to exercise in accessing that available in the law.

Power and Authority in Seventeenth Century England

1974 ◽  
Vol 17 (1) ◽  
pp. 43-61 ◽  
Author(s):  
Richard Tuck
Keyword(s):  
Seventeenth Century ◽  
Natural Law ◽  
Thomas Hobbes ◽  
Law Of Nature ◽  
The People ◽  
The Law ◽  
Power And Authority

Many English political theorists of the mid-seventeenth century reveal in their writings an awareness that new political terminologies were needed to cope with the apparent breakdown of traditional ideologies. Such an insight is of course famously displayed by Thomas Hobbes and the early Hobbists such as Dudley Digges, in their treatment of orthodox Natural Law doctrines - ‘if we looke backe to the Law of Nature, we shall finde that the people would have had a clearer and more distinct notion of it, if common use of calling it Law had not helped to confound their understanding, when it ought to have been named the Right of nature’ wrote Digges in 1643.

scholarly journals La conquista de la fortuna

2005 ◽  
pp. 119-147 ◽  
Author(s):  
Antonio Hermosa Andújar
Keyword(s):  
Human Behavior ◽  
Human Life ◽  
The Other ◽  
The Political ◽  
Human Being ◽  
Social Forces ◽  
Political Liberty ◽  
The Subject ◽  
The One

In this work the author holds the thesis that with Maquiavelo, in accordance with Tucidides, the complete humanization of history and human life arose. Man has become the complete owner of his destiny when conquering fortune by virtù, that is, the entirety of social forces, concrete or diffuse, that oppose to the exercise of his will. It is only nature that remains as a region still inaccessible to human will. This is the reason why in Maquiavelo the concepts which should organize the explanation of human behavior are not, as considered until now, virtù/fortune but virtù/nature. Even though, there are two antagonic limits to the emancipatory virtuos action: on the one hand, its still nondemocratic condition, since only the Prince is capable of such virtù. On the other, the political liberty, something that in principle appears external to the subject, but once known he won´t forget ever, that is, political liberty becomes a constitutive feature of the human being at which every virtuos action of the Prince directed to extirpate it, fails.

scholarly journals Al-Amr ‘inda ‘ulama al-Balagah wa ‘Ulama Usul al-Fiqh ‘ala Mustawa al-Ta’rif wa al-Siyag wa al-Ma’ani al-Siyaqiyah

2021 ◽  
Vol 5 (2) ◽  
pp. 179-205
Author(s):  
Yanti Kusnawati ◽  
Ihsan Sa'dudin
Keyword(s):  
The People ◽  
Islamic Jurisprudence ◽  
The Law ◽  
The Difference ◽  
The One ◽  
Special Meaning ◽  
Aesthetic Meaning

Balagah and usul fiqh are two different sciences. Balagah science is the science that reveals an aesthetic meaning which is clearly used in a real expression, Takes an effect in our soul, and maintains the relevance of each sentence with where the phrase is being pronounced. Moreover, please pay attention to the coherence with the people we talk to. Whereas Usul Fiqih is the Islamic legal sciences (Islamic jurisprudence) studied theories, norms, and sources. Both sciences are studied in relation to fi'il amr, In Balagah, Fi'il amr is the one method from Insya Zalbi decree while in Usul Fiqih, fiil amr is the one of Usul Fiqih Norm which is due to that the law and syari’as can increase. And the result of this research is, in Balagah and Usul Fiqih have the same interpretation about fi’il amar that requires to have to do from a higher authority to underling, and that have 4 sigah. And the difference between the two science is from the meaning of fi’il amar, in Balagah have a special meaning from fi’il amar that there is no meaning in Usul Fiqih that the means is lasting. Permission and exemplary. So in Usul Fiqih have a special meaning from fi’il amr there is no meaning in Balagah that means is: obligatory, mouming, admonition, discussion, degradation, patience, dissuasion, delegation.

Sign in / Sign up

Export Citation Format

Share Document