Hermeneutics

Author(s):  
Mélanie Samson

This chapter assesses hermeneutics, which can refer to an art, a methodological paradigm, or a philosophical movement. In its primary sense, hermeneutics is the art of interpreting texts correctly. Today, hermeneutic method is practised across the human sciences and applied to the study of all types of written texts, actions, and other meaningful material. The chapter then focuses on the relationship between hermeneutics and human sciences. It also examines hermeneutics as a methodological approach used in legal research and the practice of law. There are two broad notions of legal interpretation. According to the first — the prevailing and most traditional notion — the interpretation of the sources of law is knowledge-based; the interpreter’s task is to extract the pre-existing meaning of a legal text, as set out by its author. According to the second notion of legal interpretation, the activity involves the interpreter’s will. The interpreter’s task is to attribute meaning to a text, by choosing from several possible meanings.

2006 ◽  
Vol 18 (4) ◽  
pp. 160-173 ◽  
Author(s):  
Maria Senokozlieva ◽  
Oliver Fischer ◽  
Gary Bente ◽  
Nicole Krämer

Abstract. TV news are essentially cultural phenomena. Previous research suggests that the often-overlooked formal and implicit characteristics of newscasts may be systematically related to culture-specific characteristics. Investigating these characteristics by means of a frame-by-frame content analysis is identified as a particularly promising methodological approach. To examine the relationship between culture and selected formal characteristics of newscasts, we present an explorative study that compares material from the USA, the Arab world, and Germany. Results indicate that there are many significant differences, some of which are in line with expectations derived from cultural specifics. Specifically, we argue that the number of persons presented as well as the context in which they are presented can be interpreted as indicators of Individualism/Collectivism. The conclusions underline the validity of the chosen methodological approach, but also demonstrate the need for more comprehensive and theory-driven category schemes.


2012 ◽  
Vol 14 (1) ◽  
pp. 45-72
Author(s):  
Morteza Karimi-Nia

The status of tafsīr and Qur'anic studies in the Islamic Republic of Iran has changed significantly during recent decades. The essay provides an overview of the state of Qur'anic studies in Iran today, aiming to examine the extent of the impact of studies by Western scholars on Iranian academic circles during the last three decades and the relationship between them. As in most Islamic countries, the major bulk of academic activity in Iran in this field used to be undertaken by the traditional ʿulamāʾ; however, since the beginning of the twentieth century and the establishment of universities and other academic institutions in the Islamic world, there has been increasing diversity and development. After the Islamic Revolution, many gradual changes in the structure and approach of centres of religious learning and universities have occurred. Contemporary advancements in modern sciences and communications technologies have gradually brought the institutions engaged in the study of human sciences to confront the new context. As a result, the traditional Shīʿī centres of learning, which until 50 years ago devoted themselves exclusively to the study of Islamic law and jurisprudence, today pay attention to the teaching of foreign languages, Qur'anic sciences and exegesis, including Western studies about the Qur'an, to a certain extent, and recognise the importance of almost all of the human sciences of the West.


2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Gagah Yaumiyya Riyoprakoso ◽  
AM Hasan Ali ◽  
Fitriyani Zein

This study is based on the legal responsibility of the assessment of public appraisal reports they make in land procurement activities for development in the public interest. Public assessment is obliged to always be accountable for their assessment. The type of research found in this thesis is a type of normative legal research with the right-hand of the statue approach and case approach. Normative legal research is a study that provides systematic explanation of rules governing a certain legal category, analyzing the relationship between regulations explaining areas of difficulty and possibly predicting future development. . After conducting research, researchers found that one of the causes that made the dispute was a lack of communication conducted between the Government and the landlord. In deliberation which should be the place where the parties find the meeting point between the parties on the magnitude of the damages that will be given, in the field is often used only for the delivery of the assessment of the compensation that has been done.


2020 ◽  
Vol 3 (2) ◽  
pp. 81-97
Author(s):  
Sarip Sarip ◽  
Nur Rahman ◽  
Rohadi Rohadi

This article aims to explore the relationship between the Ministry of Home Affairs (Kemendagri) and the Ministry of Villages (Kemendes) from theconstitutional law and state administrative law point of view.The second concerns of this research is the disharmony and problem between the two ministries.From the constitutional law point of view, it turns out that what the Ministry of Home Affairs is doing, is closer to the object of its discussion. The method used in this research is normative legal research bycomparingthe constitutional law and state administrative law to obtain clarity regarding the Ministry of Home Affairs and Ministry of Village. The result shows that the Ministry of Village approached the science of state administrative law, namely to revive or give spirits to the village. Disharmonization began to exist since the inception of the Ministry of Village. The root of disharmony itself was the improper application of constitutional foundations in the formation of the Village Law. It would be better if the government reassess the constitutional foundation for the village.


2016 ◽  
pp. 15
Author(s):  
Mariana Giaretto ◽  
Victoria Naffa

ResumenEn este trabajo analizamos las relaciones entre tomas de tierras y Estado, en elAlto Valle de Río Negro en Argentina. En un contexto general de especulacióninmobiliaria, por la que se encarecen los precios de alquileres y terrenos, y depolíticas de vivienda selectivas y acotadas, los sectores populares acceden aun espacio en la ciudad mediante tomas de tierras. Frente a estos conflictos,el Estado, en sus diferentes niveles y poderes, despliega una forma deintervención basada en la criminalización de las luchas por tierra y vivienda.Al mismo tiempo, el poder ejecutivo nacional crea la Secretaría de Acceso alHábitat, para posibilitar la intervención política orientada a la regularizaciónde los asentamientos. Sin embargo, esta intervención tiende a reinscribir laproblemática habitacional en el campo político, para reducirla a un conflicto“entre partes”, eludiendo la responsabilidad estatal.Desde un enfoque metodológico cualitativo, seleccionamos como referenteempírico el caso del asentamiento de Villa Obrera en Fiske, Menuco (Gral.Roca), y las técnicas de recolección de datos se basan en fuentes secundarias,como expedientes judiciales y normativa, y en fuentes primarias como son losrelatos de los protagonistas mediante entrevistas individuales y colectivas.Palabras clave: tomas de tierras, Estado, criminalización de los conflictos.Conflicts caused by land occupation and modesof State intervention: analysis of an experience ofAlto Valle in Río Negro (Argentina)AbstractThis paper analyzes the relationship between State and land occupation,at Alto Valle in Río Negro, Argentina. In a general context of real estatespeculation, where rents and land prices are expensive, and a policy ofselective and limited housing, popular sectors can have access to a spacein the city through land occupation. In front of these conflicts, the Statein its different levels and powers, displays a form of intervention basedon the criminalization of struggles for land and housing. At the sametime, the national executive creates the Secretariat of Access to Habitat,oriented to allow political intervention for the regularization of settlements.However, this intervention tends to re-register the housing problems in thepolitical arena, reducing it to a conflict “between parties” and eluding theresponsibility of the State.From a qualitative methodological approach, we selected as empirical referencethe case of the settlement of Villa Obrera in Fiske, Menuco (GeneralRoca). The techniques of data collection are based on secondary sources, suchas policy and legal records, and primary sources as the stories of protagoniststhrough individual and collective interviews.Keywords: land occupation, State, criminalization of conflicts.Conflitos sobre ocupações de terras e modos deintervenção do estado: análise de uma experiênciado Alto Valle do Rio Preto (Argentina)ResumoEste trabalho analisa as relações entre a posse de terra e o Estado, no AltoValle do Rio Preto, na Argentina. Num contexto geral da especulaçãoimobiliária, por qual se encarecem os preços do aluguel e das terras, e depolíticas de habitação seletivas e limitadas, os setores populares acedem aum espaço na cidade através de ocupações de terras. Frente a estes conflitos,o Estado, em seus diferentes níveis e poderes, desenvolve uma forma deintervenção com base na criminalização das lutas pela terra e vivenda. Aomesmo tempo, o poder executivo nacional cria a Secretaria de Acesso àHabitat para possibilitar à intervenção política orientada a regularização dosassentamentos. No entanto, esta intervenção tende a registrar os problemasde habitação no campo político, para reduzi-la a um conflito “entre aspartes”, iludindo a responsabilidade do Estado.A partir de uma abordagem metodológica qualitativa, foi selecionado comoreferência empírica o caso do Assentamento de Villa Obrera em Fiske,Menuco (Gral. Roca), e as técnicas de recolecção de dados são baseados emfontes secundárias, como expedientes judiciais e normativos, e em fontes primárias como são as histórias dos protagonistas através de entrevistasindividuais e coletivas.Palavras-chave: tomada de terras, Estado, criminalização dos conflitos.


Author(s):  
Johannes Lindvall

This chapter introduces the problem of “reform capacity” (the ability of political decision-makers to adopt and implement policy changes that benefit society as a whole, by adjusting public policies to changing economic, social, and political circumstances). The chapter also reviews the long-standing discussion in political science about the relationship between political institutions and effective government. Furthermore, the chapter explains why the possibility of compensation matters greatly for the politics of reform; provides a precise definition of the concept of reform capacity; describes the book's general approach to this problem; and discusses the ethics of compensating losers from reform; and presents the book's methodological approach.


Author(s):  
Jamie L. Mullaney

While the relationship between culture and cognition has long-standing roots in sociological thought, scholars face the issue regarding how to “do” cognitive sociology. This chapter discusses the methodological approach of social pattern analysis (SPA) from Zerubavel’s social mindscapes tradition or culturalist cognitive sociology (SM/CCS), which encourages researchers to move away from content-driven inquiries toward those that explore processes across time, context, and even disciplinary boundaries. Using the specific example of virginity studies, the chapter then demonstrates how the flexible nature of SPA may serve as an asset in understanding generic identity processes more broadly.


Author(s):  
Serghei Musaji ◽  
Julio De Castro

Despite the continuous interest in studying entrepreneurial teams, the relationship between team composition and, particularly, team diversity and performance remains fertile ground for active debate. Taking roots in the knowledge-based view and organizational learning literatures, this chapter argues that performance in entrepreneurial teams is contingent on (a) the overlap between team members’ knowledge/competences and the content of the performed tasks, (b) the duplication of the team members’ knowledge in the areas with that content, (c) the nature of tasks (exploration or exploitation), (d) the team’s flexibility to adapt to changes in the content and nature of those tasks, and (e) the rate of environmental change. Because an important source of ambiguity in the understanding of how team diversity and performance are linked ties to issues of how team diversity is conceptualized and operationalized, the chapter also proposes a new way of looking at diversity in future research.


2016 ◽  
Vol 43 (12) ◽  
pp. 1178-1193
Author(s):  
Tony Burns

Purpose The purpose of this paper is to examine the relationship between Amartya Sen’s notion of adaptation and his views on identity politics by focussing on the issue of slavery and, more specifically, on the example of the happy or contented slave. Design/methodology/approach The paper is text based. The methodological approach adopted is that of conceptual analysis, as is typical for work of this kind. Findings The paper concludes that the example of the happy or contented slave is indeed a fruitful one for those interested in exploring the relationship between Sen’s views on “the adaptation problem” and his views on identity politics, especially in relation to the subjection of women. Here Sen’s debt to the ideas of Mary Wollstonecraft and John Stuart Mill is particularly important. Research limitations/implications One implication of the argument of the paper is that there is a need to consider more carefully the differences that exist between the views of Wollstonecraft and Mill, so far as the example of the happy or contented slave is concerned. Practical implications One practical implication of the paper is that, hopefully, it establishes the continued relevance of the ideas of thinkers such as Wollstonecraft and Mill today, not least because of the influence that they have had on theoreticians such as Amartya Sen. Social implications The paper addresses issues which are of considerable social and political significance, especially for women in underdeveloped societies today. Originality/value The example of the happy or contented slave has not received much discussion in the literature on Sen, although Sen himself has suggested that the distinction between happiness and contentment is an important one, which does merit further discussion.


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