Family Law and Social Change Among the Toro of Uganda

1985 ◽  
Vol 29 (1) ◽  
pp. 82-93
Author(s):  
Melvin L. Perlman

Jane Collier has stated that “the long preoccupation in legal studies with explaining the gap between law and behaviour has precluded the search for a more complex model of relations between law and society that accepts the gap as given”. The purpose of this paper is to further document the need for a more complex model of the relations between law and society. One question now gaining currency is: what is the relationship of law to social change? Some observers claim that “the question is no longer whether law is a significant vehicle of social change but ratherhowit so functions and what special problems arise”. Others regard law as a potential cause of social problems. A serious debate has thus emerged over whether law works at all to effect change and, if so, for whose benefit. This is a complex question. Legal impact studies for example, have revealed some unintended consequences of law-in-action. Moreover, it is often difficult to isolate the main effect of a legal policy, and in any case, social scientists and policymakers alike are interested in longer-range, indirect effects. It is useful, therefore, to distinguish between the direct and indirect aspects of the role of law. Given this complexity, we may usefully rephrase the question as follows: what conditions or factors affect the relationship between law and society, including social change?

2009 ◽  
Vol 5 (3) ◽  
pp. 243-261 ◽  
Author(s):  
Melanie L. Williams

This paper was delivered as a plenary lecture, designed to respond to the one-day special conference focus upon links between socio-legal studies and the humanities.1 The paper focuses in particular upon the relationship between law and the humanities. It may be argued that the role of empirically sourced socio-legal research is well accepted, given its tangible utility in terms of producing hard data which can inform and transform policy perspectives. However, scholarly speculation about the relationship between law and the humanities ranges from the indulgent to the hostile. In particular, legal scholars aligning themselves as ‘black letter’ commentators express strong opinions about such links, suggesting that scholarship purporting to establish links between the two fields is essentially spurious, bearing in mind the purposive role of law as a problem-solving mechanism. The paper sets out to challenge such assertions, indicating the natural connections between the two fields and the philosophical necessity of continued interaction, given the fact that certain aspects of human experience and nature cannot be plumbed by doctrine or empiricism or even by combinations of the two. Law must be understood to stand at the nexus of human experience, in a relationship of integrity, where the word is understood to mean both morally principled and culturally integrated. In particular, the development of human qualities, of character and moral sensibility informing normative values – and, ultimately, engagement with the world of law – is a process of subtle cultural as well as psychological significance, and may benefit from interrogation deriving from the wider fields of human discourse.


Author(s):  
Richard Swedberg

This chapter examines the role of imagination and the arts in helping social scientists to theorize well. However deep one's basic knowledge of social theory is, and however many concepts, mechanisms, and theories one knows, unless this knowledge is used in an imaginative way, the result will be dull and noncreative. A good research topic should among other things operate as an analogon—that is, it should be able to set off the theoretical imagination of the social scientist. Then, when a social scientist writes, he or she may want to write in such a way that the reader's theoretical imagination is stirred. Besides imagination, the chapter also discusses the relationship of social theory to art. There are a number of reason for this, including the fact that in modern society, art is perceived as the height of imagination and creativity.


2020 ◽  
Vol 13 (2) ◽  
pp. 53-73
Author(s):  
Setiyo Yuli Handono

The phenomenon of social change that occurred in Wonokitri Village, Sub-District of Tosari, Pasuruan Regency was very pronounced from the early 2000s until 2019. Changes not only change physical conditions even socially and economically also change very rapidly. These changes occur through planning and the role of parties from internal and external. The formulation of the problem includes: 1) who are the agents and structures in social change? Wonokitri Village (formerly known as Desa Adat) becomes a Tourism Village; The analysis in this research uses Anthony Giddens' structuration theory which explains the concept of agent and structure, space and time, as well as the relationship of structure with agent's social practice. This type of research is qualitative research with a case study method. Data collection uses observation, which is observing the condition of the village environment and various social practices of agents and the Wonokitri community in relation to the research context, interviews with key and additional informants, and gathering various documentation.The results showed that there were three main agents (tayuban / teropan: pardi and budi, jeep tourism and homestay: sukir) from the Wonokitri community who had influence in the community. The role he does in social change is through socialization, coordination, synergy and cooperation. The existing structure comes from the Wonokitri community and their social practices which are motivated by their practical and discursive awareness as well as the role of community leaders (Village Head: Pak Iksan), traditional leaders (Customary Chair: Pak Kadik) through their structural policies. The relationship between the agent and the structure in change occurs through the scheme of domination structure (control of the agent over the structure), continuing significance (the invitation of the agent to the structure), and achieving the scheme of legitimacy (justification for the agent's efforts by the structure).


Author(s):  
Ayman Shabana

This article offers a survey of modern scholarship on the role of custom in the Islamic legal tradition. It begins with a definition of the concept of custom and also the relationship between the two Arabic terms used for custom, ‘urf and ‘ada. The relationship of custom to other terms such as sunna, ‘amal, and istihsan is also explored. The second, and main, part of the article traces the different approaches to the study of custom in Islamic legal studies and examines the development of these approaches. Four themes or debates are identified as the main contexts within which custom has been discussed: the origins of the Sunna of the Prophet and the early development of Islamic law; relationship between theory and practice; sources of Islamic law; and legal change. The article concludes with a summary and suggestions for future research.


2020 ◽  
Vol 17 (6) ◽  
pp. 76-91
Author(s):  
E. D. Solozhentsev

The scientific problem of economics “Managing the quality of human life” is formulated on the basis of artificial intelligence, algebra of logic and logical-probabilistic calculus. Managing the quality of human life is represented by managing the processes of his treatment, training and decision making. Events in these processes and the corresponding logical variables relate to the behavior of a person, other persons and infrastructure. The processes of the quality of human life are modeled, analyzed and managed with the participation of the person himself. Scenarios and structural, logical and probabilistic models of managing the quality of human life are given. Special software for quality management is described. The relationship of human quality of life and the digital economy is examined. We consider the role of public opinion in the management of the “bottom” based on the synthesis of many studies on the management of the economics and the state. The bottom management is also feedback from the top management.


2019 ◽  
Vol 58 (2) ◽  
pp. 249-259
Author(s):  
Joseph Acquisto

This essay examines a polemic between two Baudelaire critics of the 1930s, Jean Cassou and Benjamin Fondane, which centered on the relationship of poetry to progressive politics and metaphysics. I argue that a return to Baudelaire's poetry can yield insight into what seems like an impasse in Cassou and Fondane. Baudelaire provides the possibility of realigning metaphysics and politics so that poetry has the potential to become the space in which we can begin to think the two of them together, as opposed to seeing them in unresolvable tension. Or rather, the tension that Baudelaire animates between the two allows us a new way of thinking about the role of esthetics in moments of political crisis. We can in some ways see Baudelaire as responding, avant la lettre, to two of his early twentieth-century readers who correctly perceived his work as the space that breathes a new urgency into the questions of how modern poetry relates to the world from which it springs and in which it intervenes.


Author(s):  
Pavel Agapov ◽  
Kirill Stepkin

The article considers the general theoretical foundations of the relationship of sectarianism and religious extremism in the Russian Federation. Practical examples of the role of destructive sects in modern religious extremism in the Russian Federation are given.


2020 ◽  
Vol 63 (4) ◽  
pp. 115-131
Author(s):  
Maria M. Kuznetsova

The article examines the philosophy of Henri Bergson and William James as independent doctrines aimed at rational comprehension of spiritual reality. The doctrines imply the paramount importance of consciousness, the need for continuous spiritual development, the expansion of experience and perception. The study highlights the fundamental role of spiritual energy for individual and universal evolution, which likens these doctrines to the ancient Eastern teaching as well as to Platonism in Western philosophy. The term “spiritual energy” is used by Bergson and James all the way through their creative career, and therefore this concept should considered in the examination of their solution to the most important philosophical and scientific issues, such as the relationship of matter and spirit, consciousness and brain, cognition, free will, etc. The “radical empiricism” of William James and the “creative evolution” of Henry Bergson should be viewed as conceptions that based on peacemaking goals, because they are aimed at reconciling faith and facts, science and religion through the organic synthesis of sensory and spiritual levels of experience. Although there is a number of modern scientific discoveries that were foreseen by philosophical ideas of Bergson and James, both philosophers advocate for the artificial limitation of the sphere of experimental methods in science. They call not to limit ourselves to the usual intellectual schemes of reality comprehension, but attempt to touch the “living” reality, which presupposes an increase in the intensity of attention and will, but finally brings us closer to freedom.


2020 ◽  
Author(s):  
Agnieszka Wykowska ◽  
Jairo Pérez-Osorio ◽  
Stefan Kopp

This booklet is a collection of the position statements accepted for the HRI’20 conference workshop “Social Cognition for HRI: Exploring the relationship between mindreading and social attunement in human-robot interaction” (Wykowska, Perez-Osorio & Kopp, 2020). Unfortunately, due to the rapid unfolding of the novel coronavirus at the beginning of the present year, the conference and consequently our workshop, were canceled. On the light of these events, we decided to put together the positions statements accepted for the workshop. The contributions collected in these pages highlight the role of attribution of mental states to artificial agents in human-robot interaction, and precisely the quality and presence of social attunement mechanisms that are known to make human interaction smooth, efficient, and robust. These papers also accentuate the importance of the multidisciplinary approach to advance the understanding of the factors and the consequences of social interactions with artificial agents.


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