scholarly journals Elder law and its subject: the contextualised ageing individual

2019 ◽  
pp. 1-20
Author(s):  
Ann Numhauser-Henning
Keyword(s):  
Legal Status ◽  
Age Discrimination ◽  
Added Value ◽  
Labour Law ◽  
Social Construct ◽  
Ageing Worker ◽  
Elder Law ◽  
History Of ◽  
The Subject

AbstractElder law is often approached in terms of a ‘body’ of law. In this article, I argue for a contextualised and externalised perspective on the ageing individual as the subject of elder law. Elder law relates to the implications of law as an institutionalisation of society seen through the lens of older persons. The aged subject is a contested and differentiated social construct to be studied in relation to an externalised social ‘problem’ and properly contextualised. Whereas the ageing individual in the context of labour law and anti-discrimination regulation turns out to be remarkably young, the specific history of LGBT persons in society comes to the fore in cases where age intersects with a ground such as sexual orientation. The ‘ageing’ worker must thus be understood in relation to work as the dominant distributive order in society, and in relation to institutions and developments associated with work. Due to the role of age as a traditional social stratifier, the prohibition against age discrimination has been given a weaker format than have prohibitions against other kinds of discrimination, and the ban on ageism has failed to achieve a clear legal status. Deficiencies in the measures taken against age discrimination are also evident in their incapacity to address situations where age intersects with other grounds, resulting in a compartmentalised application and interpretation of discrimination bans, leaving vulnerable sub-groups without protection. In sum, elder law is very much a field in process and – although arguing for the added value of a contextualised perspective – it may for the time being suffice to say that ‘elder law is what elder law researchers do’.

Exploring the boundaries of rhetoric

2014 ◽  
Vol 27 (5) ◽  
pp. 793-806 ◽  
Author(s):  
Eduard Bonet
Keyword(s):  
Social Sciences ◽  
Conceptual Framework ◽  
Design Methodology ◽  
The Self ◽  
History Of Rhetoric ◽  
Content Type ◽  
History Of ◽  
Practical Development ◽  
The Subject

Purpose – The purpose of this paper is to examine how the boundaries of rhetoric have excluded important theoretical and practical subjects and how these subjects are recuperated and extended since the twentieth century. Its purpose is to foster the awareness on emerging new trends of rhetoric. Design/methodology/approach – The methodology is based on an interpretation of the history of rhetoric and on the construction of a conceptual framework of the rhetoric of judgment, which is introduced in this paper. Findings – On the subject of the extension of rhetoric from public speeches to any kinds of persuasive situations, the paper emphasizes some stimulating relationships between the theory of communication and rhetoric. On the exclusion and recuperation of the subject of rhetorical arguments, it presents the changing relationships between rhetoric and dialectics and emphasizes the role of rhetoric in scientific research. On the introduction of rhetoric of judgment and meanings it creates a conceptual framework based on a re-examination of the concept of judgment and the phenomenological foundations of the interpretative methods of social sciences by Alfred Schutz, relating them to symbolic interactionism and theories of the self. Originality/value – The study on the changing boundaries of rhetoric and the introduction of the rhetoric of judgment offers a new view on the present theoretical and practical development of rhetoric, which opens new subjects of research and new fields of applications.

scholarly journals Emilio Betti: from the history of law to the general theory of interpretation

2020 ◽  
pp. 30-44
Author(s):  
Iuliia Rossius
Keyword(s):  
General Theory ◽  
Practical Importance ◽  
Dialectical Tension ◽  
History Of ◽  
History Of Law ◽  
The Subject ◽  
Theory Of Law ◽  
The Impact ◽  
Hans Georg Gadamer

The goal of this article consists in demonstration of the impact of research in the field of history and theory of law alongside the hermeneutics of Emilio Betti impacted the vector of this philosophical thought. The subject of this article is the lectures read by Emilio Betti (prolusioni) in 1927 and 1948, as well as his writings of 1949 and 1962. Analysis is conducted on the succession of Betti's ideas in these works, which is traced despite the discrepancy in their theme (legal and philosophical). The author indicates “legal” origin of the canons of Bettis’ hermeneutics, namely the canon of autonomy of the object. Emphasis is placed on the problem of objectivity in Betti's theory, as well as on dialectical tension between the historicity of the interpreted subject and strangeness of the object that accompanies legal, as well as any other type of interpretation. The article reveals the key moment of Betti's criticism of Hans-Georg Gadamer. Regarding the question of historicity of the subject of interpretation. The conclusion is made that the origin of the general theory of interpretation lies in the approaches and methods developed and implemented by Betti back in legal hermeneutics and in studying history of law.   Betti's philosophical theory was significantly affected by the idea on the role of modern legal dogma in interpretation of the history of law. Namely this idea that contains the principle of historicity of the subject of interpretation, which commenced  the general hermeneutical theory of Emilio Betti, was realized in canon of the relevance of understanding in the lecture in 1948, and later in the “general theory of interpretation”. The author also underlines that the question of objectivity of understanding, which has crucial practical importance in legal hermeneutics, was transmitted into the philosophical works of E. Betti, finding reflection in dialectic of the subject and object of interpretation.

scholarly journals FEATURES OF JUDICIAL CASES INVOLVING WOMEN IN THE FATIMID CALIPHATE IN THE 10TH–12TH CENTURIES (historical and legal analysis)

2020 ◽  
pp. 249-253
Author(s):  
Faridun Z. Zavurbekov
Keyword(s):  
Legal Status ◽  
Negative Attitude ◽  
Special Role ◽  
Legal Analysis ◽  
Criminal Cases ◽  
Judicial Process ◽  
Judicial Practice ◽  
Marriage Contract ◽  
History Of

The article deals with the rights of women in the Fatimid Caliphate (10th to 12th centuries) by analysing the judicial practice of the time, the decisions of the Sharia and Mazalim courts. The author focuses on the legal status of women in the sphere of marriage, family and criminal law in the Ismaili tradition. Historical-legal and comparative-legal methods are used in the analysis of sources. The study begins with a short digression into the history of the Fatimid Caliphate. The features of the judicial system, the role of the cadi and its competence are described. There are a number of court cases, one of the parties to which was a woman. Based on the analysis, the author makes a conclusion about the specifi city of the Fatimid approach to marriage, in comparison with the Sunni and Imamite legal schools. The special role of guardians at the conclusion of the marriage contract and restriction of freedom of its termination is noted. Attention is drawn to the fact of extremely negative attitude to marriage between Muslim women and representatives of other religious movements, as well as to such an institution of family law as temporary marriage, legalised in the Imamite school of law. The fi nal part deals with criminal cases in which a woman is both the victim and the accused. Based on these precedents, it is a non-trivial conclusion that the judges of the Fatimid Caliphate did not always rely on Sharia norms when making decisions against women, which is completely atypical for Muslim traditions in general. At the same time, any crimes against this group of the population were punished rather severely. Particular attention is drawn to the state’s approach to women plaintiffs, depending on the degree of their personal participation in the judicial process.

scholarly journals «Мертвые Цари всегда должны по смерти своей быть судимы»: Посмертная судьба одного древнеегипетского обычая в русской и европейской словесности XVI – XIX вв. [“Dead Kings Must Always be Judged after Their Demise”: The Afterlife of an Ancient Egyptian Custom in the Russian and European Literature of the 16th to 19th Centuries]

2021 ◽  
Vol 8 ◽  
pp. 9-47
Author(s):  
Maria Neklyudova
Keyword(s):  
Literary Criticism ◽  
French Literature ◽  
History Of Ideas ◽  
Ancient Egyptian ◽  
Diodorus Siculus ◽  
History Of ◽  
Generous Support ◽  
The Subject ◽  
The Right

In his Bibliotheca historica, Diodorus Siculus described a peculiar Egyptian custom of judging all the dead (including the pharaohs) before their burial. The Greek historian saw it as a guarantee of Egypt’s prosperity, since the fear of being deprived of the right to burial served as a moral imperative. This story of an Egyptian custom fascinated the early modern authors, from lawyers to novelists, who often retold it in their own manner. Their interpretations varied depending on the political context: from the traditional “lesson to sovereigns” to a reassessment of the role of the subject and the duties of the orator. This article traces several intellectual trajectories that show the use and misuse of this Egyptian custom from Montaigne to Bossuet and then to Rousseau—and finally its adaptation by Pushkin and Vyazemsky, who most likely became acquainted with it through the mediation of French literature. The article was written in the framework (and with the generous support) of the RANEPA (ШАГИ РАНХиГС) state assignment research program. KEYWORDS: 16th to 19th-Century European and Russian Literature, Diodorus Siculus (1st century BC), Jean-Jacques Rousseau (1712—1778), Alexander Pushkin (1799—1837), Prince Pyotr Vyazemsky (1792—1878), Egyptian Сourt, Locus communis, Political Rhetoric, Literary Criticism, Pantheonization, History of Ideas.

scholarly journals Kontribusi Fenomenologi Post-Subjek pada Metodologi Filosofis dan Teologis

MELINTAS ◽  
2018 ◽  
Vol 34 (1) ◽  
pp. 60-79
Author(s):  
Hadrianus Tedjoworo
Keyword(s):  
Methodological Approach ◽  
Mutual Exclusion ◽  
Philosophical Thinking ◽  
Philosophical Discourse ◽  
Saturated Phenomenon ◽  
History Of ◽  
The Subject ◽  
The Given

Givenness is probably an odd term in methodology, but not in phenomenology. The long history of subjectivism in philosophy faces confrontations from Derrida's deconstruction. This history also results in a sort of mutual exclusion between philosophy and theology. The concept of the subject becomes a problem for both, but frequently it is safeguarded for the sake of a more universal 'objectivity'. The phenomenological tendency towards phenomenon, more than towards the experiencing subject and more than anything regarded as object, provokes some philosophical focus on the emancipation of the phenomena. Marion pushes phenomenology to its limits, to the extent that he is suspected of undermining the role of the subject in contemporary philosophical discourse. He reacts to Derrida's deconstruction, which was also criticised for not offering a way out of the labyrinth from the collapse of traditional thoughts. Marion is quite consistent with his phenomenology, namely in offering a way out for the subject to be a witness, and reminds that philosophy should be more appreciative of phenomena. The term saturated phenomenon represents his philosophical thinking that can be regarded as a methodological approach to respect, and not to dominate, reality. Being a witness is not the same as playing a critic on reality. This could be a useful stance for philosophers as well as theologians in the presence of the phenomena they cannot master, namely, the given phenomena.

Santa y Andrés: A dossier

2020 ◽  
Vol 17 (3) ◽  
pp. 377-382
Author(s):  
Dunja Fehimović ◽  
Ruth Goldberg
Keyword(s):  
Subject Matter ◽  
Film Industry ◽  
Cuban Revolution ◽  
Original Essays ◽  
Starting Point ◽  
Online Archive ◽  
History Of ◽  
The Subject ◽  
Cuban Cinema

Carlos Lechuga’s film Santa y Andrés (2016) has enjoyed worldwide acclaim as an intimate, dramatic portrayal of the unlikely friendship that develops in rural Cuba between Andrés, a gay dissident writer, and Santa, the militant citizen who has been sent to surveil him. Declared to be extreme and/or inaccurate in its historical depictions, the film was censored in Cuba and was the subject of intense controversy and public polemics surrounding its release in 2016. Debates about the film’s subject matter and its censorship extend ongoing disagreement over the role of art within the Cuban Revolution, and the changing nature of the Cuban film industry itself. This dossier brings together new scholarship on Santa y Andrés and is linked to an online archive of some of the original essays that have been written about the film by Cuban critics and filmmakers since 2016. The aim of this project is to create a starting point for researchers who wish to investigate Santa y Andrés, evaluating the film both for its contentious initial reception, and in terms of its enduring contribution to the history of Cuban cinema.

A Turning Point in the History of Polish Socialism and its Attitude Towards the Jewish Question

2004 ◽  
pp. 111-129
Author(s):  
Moshe Mishkinsky
Keyword(s):  
Turning Point ◽  
Legal Status ◽  
Jewish Question ◽  
Eastern European ◽  
Polish Society ◽  
History Of ◽  
Integral Element ◽  
The Subject ◽  
The 19Th Century ◽  
The Impact

This chapter describes a turning point in the history of Polish Socialism and its attitude towards the Jewish Question. In dealing with the concept of the Jewish Question, the intention is not, as is often the case, to dwell solely upon the legal status of Jews (emancipation) but to view the problems of Jewish existence in their diversity. According to one view, the dependence upon non Jewish society represents an integral element or, even a determinant, in these problems. In the context of Polish–Jewish relations from the historical perspective of the last hundred years, one may discern six aspects of the subject. These include the development of Socialist thought in its different versions as regards the Jews; the influence of the gradual growth and development of the emerging working class in Polish society; the influence of the relatively large involvement of Jews within the Socialist Labour Movement; the impact of the new processes which matured in the last quarter of the 19th century on the life of Eastern European Jewry in general, and on the Polish–Jewish area in particular; the growth alongside each other, but also in conflict, of two political and ideological movements — Polish Socialism and Jewish labour Socialism; and the tension between the Socialist and the national elements which was common to both yet different in its concrete content.

Are Information Technologies So Dangerous for Written Culture?

2020 ◽  
Author(s):  
Asya Syrodeeva
Keyword(s):  
Social Life ◽  
Information Technologies ◽  
Cultural Practices ◽  
Writing Practices ◽  
Sociocultural Diversity ◽  
History Of ◽  
Personal Level ◽  
The Subject ◽  
Broad Interpretation

One of the factors that determines the current lifestyle is technology, which persistently draws the world into competition for new means and practices. As the subject of these processes, our contemporary not only takes an active part in them, but also reflexes a lot about his/her own impact. Although technology is ambivalent and multivector in its development, the humanitarian role of protecting the history of human experience, as well as creating the updated versions of cultural practices is not alien to it. Inspired by the broad interpretation of the writing practices proposed by J. Derrida, the author of the article shows how important it is for the understanding of technology not to be overloaded with alarmism. Information technologies have a democratizing effect on social life by offering new tools and formats for the writing. In particular, they support on a personal level the freedom of self-realization, while on a public scale — sociocultural diversity and interaction.

Addressing the Silence

2018 ◽  
Author(s):  
Helen K. Black ◽  
John T. Groce ◽  
Charles E. Harmon
Keyword(s):  
African American ◽  
African American Male ◽  
African American Men ◽  
Research Process ◽  
Care Work ◽  
Male Caregiver ◽  
Research Interview ◽  
History Of ◽  
The Subject

This chapter, as the conclusion to our book, is entitled Addressing the Silence. We went “behind the scenes” of our work to examine the research process and pondered various aspects of interviewing a coterie of African-American men. For example, why were our caregiving men so willing to discuss their experiences of caregiving? Were there topics within caregiving that men were reluctant to discuss? And, why did the methods of our research fit well with the subject of caregiving and with the communal history of our respondents? Although our research addressed the gap in the caregiving and gerontological literature about elderly African-American men, our respondents showed us how much more we need to learn from them. As men discussed their care work in the forum of the research interview, the role of the elder African-American male caregiver came out of the shadows, but not yet completely into the light.

scholarly journals Unwanted Conflict? The Analysis of the Impact of Misperception, Beliefs and Psychology of President Nasser at the Outbreak of the Six Day War

2019 ◽  
Vol 01 (02) ◽  
pp. 1950003
Author(s):  
Janko Šćepanović
Keyword(s):  
Decision Making ◽  
Decision Makers ◽  
Structural Explanation ◽  
Defining Moments ◽  
The Us ◽  
History Of ◽  
The Subject ◽  
Six Day War ◽  
The Impact

The Six Day War was one of the most defining moments in the history of the Modern Middle East. This paper seeks to add to the existing scholarship on the subject by going beyond the structural explanation. It gives special attention to the role of unit-level variables like perception, personality, and political psychology of decision-makers. As one scholar noted, threats are not perceived in a vacuum, and are, instead, products of complex synthesis of subjective appraisal of events by the decision-makers. The focus will be on the beliefs and perceptions of the most impactful actor in this crisis: Egyptian President Nasser. As will be argued, his decision-making was shaped by his experience with foreign imperialism, a general misconception of super power intentions, an incorrect analogy between two crucial crisis situations with Israel: the February 1960 Rotem Crisis, and the build-up to the June War in 1967, and especially his complicated relations with the US leaders.

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