Collective Acceptance, Social Institutions, and Social Reality

Author(s):  
Raimo Tuomela
2020 ◽  
Vol 21 (7) ◽  
pp. 1411-1426
Author(s):  
Ioannis Kampourakis

AbstractSociological approaches to law in both Germany and the UK have been characterized by internal divisions and divergent methodologies and aspirations. While, in the UK, empirical socio-legal studies have been a prominent way of studying how law shapes and is shaped by social institutions, in Germany, the “grand theory” of systemtheoretical approaches to law has had a lasting impact. In this Article, I discuss the epistemological contrast between these two sociological approaches to law by focusing on how they address transnational private regulation. Empirical socio-legal studies share an epistemic commitment to an objective and knowable social reality, and they tend to see human actors as the motors of history. Thus they focus on the interrelational dynamics within Global Value Chains (GVCs), searching for “what works” in transnational private regulation. On the contrary, systemstheory oriented sociological jurisprudence views social reality as constructed and fragmented into the epistemes of different social systems. GVCs are understood as selfreferential normative orders, in which the question of agency and human actors is secondary—the emphasis is on communications and anonymous forces of ordering. Attempting to inspect the possibilities for synthesis, I ask how “big” we can and should think in law and society. I thus attempt to outline an approach that starts from the materiality of social structures to investigate processes beyond individual agency and to uncover elements of normative reconstruction of the particular area of social activity.


2019 ◽  
Vol 30 (3) ◽  
pp. 12-21
Author(s):  
O. M. Mikhaylyonok

This article examines the theoretical aspects of transitioning political relations to the web, together with the informational-communicative risks associated with this process. It is highlighted that one of the relevant aspects of studying issues of a new social reality is linked to a rather rapid expansion of network structures within society, which leads to corresponding shifts in its social-political relations. As a result, the political realm is subject to significant change: notably, according to a number of experts, this leads to a gradual deterioration of traditional social institutions. As such, we can confidently claim that political activity, it being influenced by a transition to the web, is undergoing drastic change right before our eyes. That said it has to be mentioned that the substantial positive potential of our new network reality is also linked to a number of serious issues. Without a doubt, informational-network communicative technologies will take a serious toll on the morphology of social relations, which in many respects still rely on traditional hierarchies. We should also bear in mind that a drastic shift in social topology will inevitably lead to an increase in danger, risk and conflict in the social-political realm, which will be very difficult to predict due to the inherent nature of network structures. Development of risks or lack thereof is determined by the manner in which a network is used, which is why only the potentials of risks are linked to the nature of networks. The expert community warns us about severe threats to security and stability which our new social reality brings with it. It should be noted that in this day it is important to appeal to a range of issues which includes informational-communicative risks in the realm of political relations. Actual controversy in an informational-communicative society is associated with increased risk. In the author’s opinion, as of today our new social reality is insufficiently conceptualized as an area of research. So far it lacks any sort of concepts which are universally recognized or even acceptable in the eyes of the vast majority of the scientific community. Difficulties in studying the features which characterize postindustrial development, as well as components of the latter such as globalization, informatization, transitioning to the web, are in no small part linked to rapid changes in our social reality, which prevent the effective use of past achievements in theoretical science as an analytical tool. Social-political relations and processes exhibit a high degree of dynamism, together with significant uncertainty. In its development an information society involuntarily broadens the spectrum of risky situations, which warrants serious changes in organizing control over informational-communicative risks in society, as well as developing and implementing effective informational policy.


2019 ◽  
Vol 30 (4) ◽  
pp. 478-492
Author(s):  
Rastko Jovanov ◽  
Marija Velinov

In order to show the validity of here proposed conception of social ontology and its advantages over descriptive theories of social reality, which in the analysis of the socio-ontological status of human rights find only legally understood normativity as present in social reality, we will first (1) lay out Searle?s interpretation of human rights. In the second step, we will (2) introduce the methodical approach and basic concepts of our socio-ontological position, and explain the structure of the relationship between justice, law, morality, social institutions and collective intentionality. At the end (3) we will show how our theory of social ontology is better than Searle?s legal positivism in examining the ontological status of human rights. At the end, (3) we show in what ways such a theory of social ontology more intuitively and with wider arguments explains the ontological status of institution of human rights than Searle?s legal positivism.


2019 ◽  
Vol 1 (2) ◽  
pp. 85-108
Author(s):  
Mardan Mahmuda

Although there is an “yatim” term, “piatu” and “yatim piatu” term that developed in the midst of Indonesian society, still such understanding needs to be reviewed again. Because, in the literature of classical jurisprudence (fiqh klasik) and also in the Qur'an known term orphans (yatim) only. This scientific article is prepared using the literature study method. In order to know the Qur'anic view of orphan as the object of da'wah, the writer first searches the word orphan in Al-Qur'an by using Mu'jam Al-Qur'an by Muhammad Fuad 'Abd al-Baqiy. After that, the author describes in detail the orphan textually, then understands the context of the verses based on “asbab al-nuzul” and the “mufassir” opinion. Furthermore, the authors classify and conclude some matters relating to orphans as the object of da'wah contained in the Qur'an. Based on this, the author managed to reveal four things related to orphans namely; a) verses about orphans, b) classification of orphans as the object of da'wah perspectives of the Qur'an, c) social reality of orphans in the past in the Qur'an, d) da'wah approach to orphans perspective Al-Qur'an. Furthermore, this article is expected to be a contribution for da'wah practitioners, empowerment agencies, mosques officials and mushalla officials, religious institutions and other social institutions to maximize orphans maximally and sustainably.


2019 ◽  
Vol 1 (1) ◽  
pp. 1-11
Author(s):  
Fatkul Mujib, M.H

Abstract Marriage of pregnant women because of adultery is a legal matter as well as a social problem. Based on research on the reality of marriage of pregnant women due to adultery that occurs in Metro North District, the following matters can be concluded: Metro North people's perceptions of the legal provisions related to the marriage of pregnant women because adultery is largely influenced by the function of social institutions through religious leaders and community leaders, this has implications for the effectiveness and understanding of the public regarding formal law regarding the issue of pregnant marriage. Marriage of pregnant women due to adultery that occurs in Metro Utara Subdistrict as a social reality which is considered normal then constructs the sociological paradigm of the community of Metro Utara Subdistrict, which empirically describes the people's passivity towards the case of pregnant women due to adultery. Countermeasures for the issue of marriage of pregnant women due to adultery have been carried out by various parties in Metro Utara. These efforts include preventive, curative and repressive efforts. However, the existing efforts are still pragmatic and incidental.


Author(s):  
Т. N. Ignatyuk

The article examines the features of the contrast principle of the separation of social reality which was due to historical circumstances and peculiarities of national and cultural identity of the Belarusian society of that time. The role of value concepts with class affiliation in the process of self-identification of representatives of social institutions and assertion of their authenticity is analyzed. Features of the national character of the Belarusian people in the period of democratization of language and literature are revealed. Examples of the impact of historical circumstances on the process of national identification and national self-awareness of the Belarusian people are given, peculiarities of the character and worldview of an ordinary person are revealed. It is shown how social contradictions were resolved in the then society.


2018 ◽  
Vol 48 (6) ◽  
pp. 608-629 ◽  
Author(s):  
Pekka Mäkelä ◽  
Raul Hakli ◽  
S. M. Amadae

Francesco Guala has written an important book proposing a new account of social institutions and criticizing existing ones. We focus on Guala’s critique of collective acceptance theories of institutions, widely discussed in the literature of collective intentionality. Guala argues that at least some of the collective acceptance theories commit their proponents to antinaturalist methodology of social science. What is at stake here is what kind of philosophizing is relevant for the social sciences. We argue that a Searlean version of collective acceptance theory can be defended against Guala’s critique and question the sufficiency of Guala’s account of the ontology of the social world.


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