The Role Played by the ‘Sense of Justice’ in Legal Politics

2019 ◽  
pp. 444-468
Author(s):  
Alf Ross
Keyword(s):  
Social Order ◽  
The Other ◽  
Moral Attitude ◽  
Legal Rules ◽  
Other Hand ◽  
The Social ◽  
Rational Argumentation ◽  
The Subject ◽  
Moral Attitudes ◽  
Sense Of Justice

This chapter discusses the legitimate role played by the sense of justice in scientific legal politics. It begins by introducing a distinction between ‘interests’ (attitudes based upon needs) and ‘moral attitudes’ as a contrasting pair. The standpoint based on interest is always conditioned by certain beliefs, and is thus the subject of justification in a rational argumentation. The moral attitude (the moral sense), on the other hand, is a direct and unconditioned attitude towards a norm of action or a social order. It is irrational in the sense that it is a direct expression of an emotion and inaccessible to justification and argumentation. These considerations concerning interest and moral attitude apply mutatis mutandis to policy considerations and the sense of justice as factors in scientific legal politics. Policy considerations express the evaluation of legal rules on the basis of rational arguments concerning the rules’ actual relevance in relation to presupposed interests. The sense of justice, on the other hand, is a disinterested and inculcated, immediate attitude of approval or disapproval towards a legal norm of action directed toward the social order.

A lacanian reply to Marx : the necessity of topology in the formation of the social

2019 ◽  
Author(s):  
◽  
Lawrence Loiseau
Keyword(s):  
The Other ◽  
University Of Missouri ◽  
Other Hand ◽  
The Social ◽  
Social Link ◽  
True Source ◽  
The Subject ◽  
The One ◽  
The University ◽  
Insight Into

[ACCESS RESTRICTED TO THE UNIVERSITY OF MISSOURI AT REQUEST OF AUTHOR.] This study addresses Lacan's comments on Marx. While much has been done towards reading Marx with psychoanalysis generally, little had has been done to unpack the meaning and extent of Lacan's own statements on Marx. For example, while Lacanian Marxists like Slavoj Zizek have wielded Lacan to great effect in a critique of post-structuralism, they have neglected the full meaning and complexity of Lacan's own stance. What is argued thereby is that Zizek not only omits the discrete knowledge within Lacan's commentary, but misses what I describe as a Lacan's theory of the social. On the one hand, it is commonly known in Lacanian thought that discourse is responsible for making the subject. On the other hand, what is less known is that Lacan defined discourse as that which makes a social link which, in contrast with Marxist thought, introduces a certain affect and materialism premised on discourse itself, commonly known, but also for providing the underlying strata of topology (namely, paradox) requisite for making any social link between subjects. Although less commonly known, we can nevertheless gain new insight into Marx. On the one hand, Lacan concedes Marx's underlying structuralism. On the other hand, Marx fails to see the true source of discourse's origins, the real itself, and consequently fails to see the true efficacy of discourse. He fails to see how discourse, although negative, stands as entirely positive and material in its distinctive effects. Discourse negotiates subjects and their inimitable objects of desire in this singularity itself. This is where true production lies; it is that which precedes any social or economic theory, which are otherwise premised on reality. Lacan rejects reality.

scholarly journals MAQASHID AL-SYARIAH SEBAGAI KONSEP DASAR DALAM TEORI PEMBENTUKAN HUKUM ISLAM DI INDONESIA

2018 ◽  
Vol 2 (2) ◽  
pp. 269
Author(s):  
Alvan Fathony
Keyword(s):  
Social Order ◽  
The Other ◽  
Critical Reasoning ◽  
Legal Decisions ◽  
Space And Time ◽  
Other Hand ◽  
The People ◽  
The Social ◽  
The World ◽  
Divine Law

The majority of fuqoha 'has defined fiqh as a result of understanding, tashawwur and critical reasoning (al-idrak) of a mujtahid. But on the other hand, fiqh as a result of ijtihad teryata is often described as divine law (sharia). As Ijma '(consensus), there are many differences in defining it, but until now there are still many fuqoha' who regard ijma 'as qath'i propositions which are level with texts and are sariari-made propositions' and even claim that those who oppose ijma 'including infidels. Humans often traditionalize actions that are considered good and are their daily needs, so that Islam also still recognizes and contributes to maintaining the tradition (‘Urf) into a method of observation, not only maintaining it but because it pays more attention to the benefit of the people. Because Islam comes in the context of regulating the social order that is oriented towards achieving benefit and avoiding loss (madlarat), moreover the texts of the Shari'a itself do not provide a detailed solution to the diversity of problems of each community. Traditionally the implications of Urf are very limited to only space and time, while legal decisions continue to apply even in different situations and conditions. So the view of jurisprudence towards the world (jurist's worldview) is intended as the development of the Urf concept in order to achieve the universality of maqashid al-sharia.

scholarly journals Krytyczna analiza naukowej ciszy, czyli dlaczego Romowie migrują (z naszego pola widzenia)

2018 ◽  
Vol 62 (2) ◽  
pp. 39-67
Author(s):  
Kamila Fiałkowska ◽  
Michał P. Garapich ◽  
Elżbieta Mirga-Wójtowicz
Keyword(s):  
The Other ◽  
Social Imaginary ◽  
Migration Studies ◽  
It Impacts ◽  
Migration Research ◽  
Other Hand ◽  
The Social ◽  
The Subject

This article discusses the phenomenon of academic silence in regard to Romani migration from Poland — both in Polish Romani studies and in migration studies. The absence of the subject of Romani migration in migration research in Poland is contrasted with the absence of the subject of migration in Romani studies. Paradoxically, the group most associated in the social imaginary with mobility is absent from migration studies in Poland. On the other hand, in studies of the Romani people in Poland, the group turns out to be surprisingly static and immobilized. The aim of the paper is to explore this particular type of discursive silence, to consider the underlying theoretical and conceptual reasons for it, and finally, to reflect on how it impacts migration and Romani studies.

scholarly journals Interpretasi Hermeneutika: Meneropong Diskursus Seni Memahami Melalui Lensa Filsafat Modern dan Postmodern

2019 ◽  
Vol 2 (02) ◽  
pp. 51-79
Author(s):  
Antono Wahyudi
Keyword(s):  
Social Sciences ◽  
Social Conflict ◽  
The Other ◽  
Philosophical Hermeneutics ◽  
Social Phenomena ◽  
Other Hand ◽  
The Social ◽  
Subject And Object ◽  
The Subject

The verb "to  understand" is not only frequently misinterpreted but also epistemically does not even have the attention from society. In addition, the gap between the object that is understood and the understanding subject is getting wider. The term “understand” is identical with hermeneutics and it becomes an interesting discourse among the philosophers in which it is made to minimize the gap of misunderstanding between subject and object. Modern philosophers such as F.D.E. Schleiermacher, who succeeded in releasing hermeneutical discipline from the theological context into the philosophical context, focused on the aspect of textuality to achieve the objectivity. W.C.L. Dilthey, also a modern philosopher, succeeded in developing the hermeneutics from his predecessors by emphasizing reproductivity in attempt to have re- experience not only from the outer dimensions but also the inner dimensions of an object. While the modern philosophers emphasized the attainment of the objectivity, on the other hand, the postmodern philosophers such as Gadamer and Heidegger critically shifted their attainment to the  realm  of  the  subjectivity.  Furthermore,  if  Heidegger  departs  from  phenomenology- ontological   perspective   which   centered   on   humans   as   the  subject,   Gadamer  with   his philosophical hermeneutics succeeds in restoring the concept of abstraction to the social sciences along with expanding the range of paradigm. These four philosophers have successfully made a significant  impact  in  responding  to  the  social  phenomena  that  are  often  disturbing  the civilization. Thus, hermeneutic interpretation becomes important to be used in order to minimize the occurrence of social conflict as well as to maximize the realization of universal humanism.

scholarly journals MENUMBUHKAN NILAI-NILAI KEARIFAN LOKAL MELALUI KARYA TARI KOREOGRAFER PEREMPUAN DI SUMATERA BARAT: SUATU TINJAUAN GENDER

Humanus ◽  
2016 ◽  
Vol 12 (2) ◽  
pp. 53
Author(s):  
Fuji Astuti
Keyword(s):  
Gender Studies ◽  
Social Order ◽  
The Other ◽  
Artistic Activity ◽  
Other Hand ◽  
The Social ◽  
The Media

DEVELOPING LOCAL WISDOM VALUES THROUGH THE DANCE WORKS OF FEMALE CHOREOGRAPHERS IN WEST SUMATERA: A GENDER STUDIES Minagkabau in the social order, the personality of a woman governed by a norm that is contained in the content of the values of sumbang duo baleh (the twelfe of improper behaviors). As a female choreographer, the values of sumbang duo baleh are not only seen in the attitude of her personality, but also in the content her dance work as a reflection of her personality. However, all the twelfe values cannot considered altogether in a dance. If all the content of those values are fully referenced in the dance work, choreographers feels such rules would hamper creativity, especially in the embodiment of motion to the media staple in dance. The values of twelfe improperly behaviors can be implemented into the dance are walk improperly, sit improperly, stand improperly, look improperly, improper clothing, and improper behaviors. On the other hand, the involvement of women in artistic activity, driven by the demands of the economy. For that reason, women no longer have to rely on the man as the leader of the household, or be the responsibility of the system as in the economy in the longhouse, yet can already be anticipated through achievement in art. It likewise trigger the choreographer seeks to meet the needs of consumers, even vying to create markets that are commercial.Key words: The twelfe lacks, choreographer, dance AbstrakDalam tatanan sosial masyarakat Minagkabau, kepribadian seorang perempuan diatur oleh suatu norma yang tertuang dalam kandungan nilai-nilai sumbang duo baleh. Sebagai seorang koreografer perempuan, kandungan sumbang duo baleh tidak hanya terlihat dalam sikap kepribadiannya, namun kandungan nilai-nilai itu juga dapat terlihat dalam karya tari sebagai cerminan  kepribadiannya. Kandungan nilai sumbang duo baleh tidak semuanya dapat dituangkan dalam karya tari. Jika semua kandungan nilai-nilai tersebut secara utuh dijadikan acuan dalam berkarya tari, koreografer merasakan aturan-aturan tersebut akan menghambat kreativitas, terutama dalam perwujudan gerak yang menjadi media pokok dalam tari. Adapun kandungan nilai sumbang duo baleh dengan lugas dapat diimplementasikan  ke dalam tari adalah sumbang jalan, sumbang duduak, sumbang tagak, sumbang penglihatan, sumbang pakaian, dan sumbang kurenah. Di sisi lain, keterlibatan perempuan dalam aktivitas kesenian, didorong oleh tuntutan perekonomian. Untuk itu, perempuan tidak lagi harus menggantungkan perekonomian sepenuhnya kepada laki-laki sebagai pemimpin rumah tangga, atau menjadi tanggung jawab kaum sebagaimana dalam sistem perekonomian di rumah gadang, namum sudah dapat diantisipasi melalui prestasi dalam berkesenian. Hal demikian pula memicu para koreografer berupaya memenuhi kebutuhan konsumen, bahkan berlomba-lomba untuk menciptakan pasar yang sifatnya komersil.Kata Kunci: Sumbang duo baleh, koreografer, tari

Introduction

2019 ◽  
pp. 3-20
Author(s):  
Frances Henry ◽  
Dwaine Plaza
Keyword(s):  
Social Sciences ◽  
Feminist Research ◽  
The Other ◽  
Media Attention ◽  
Other Hand ◽  
The Social ◽  
The Media ◽  
The Subject ◽  
The Caribbean

While the literature on Carnivals is fairly substantial, especially in the Americas, the subject of women in Carnival as a serious topic of inquiry is relatively new. While the glamour of skimpily clad young and very beautiful women celebrated in the Rio Carnival makes annual headlines, increasingly similarly dressed women in the Caribbean Carnivals also attracts media attention. One of the main differences between the Rio Carnival and those in the Caribbean and its diaspora is that in the former those who are chosen to head the glamorous floats are always young, slim, beautiful, and invariably white. The current Caribbean Carnivals, on the other hand, celebrate ordinary women of all ages, all skin colors, all ethnicities, and most of them are far from slim. As the numbers of women have grown in recent years to about 80 percent of the participants, this phenomenon has caught the attention not only of the media but also of scholars. The growth of feminist research, especially in the social sciences, has spurred on scholars to more closely examine the reasons for this growth in numbers as well as what these large ranks of women are actually expressing as they wine and carouse in very skimpy bikini-and-beads types of costumes (Hosein 2017; ...

scholarly journals The Grammatica da Lingua Italiana para os Portuguezes by Antonio Prefumo: between the traditional and the conversational method

2021 ◽  
pp. 430-451
Author(s):  
Monica Lupetti ◽  
Matteo Migliorelli
Keyword(s):  
19Th Century ◽  
The Other ◽  
Practical Reasons ◽  
Other Hand ◽  
The Social ◽  
Intellectual Context ◽  
The Subject ◽  
The One ◽  
The 19Th Century ◽  
Grammatical Tradition

Within the Italian FL grammatical tradition, the 19th century is a very fruitful period. In other contributions, we have highlighted how several Portuguese and Italian figures connected to the circle of the S. Carlos Theatre in Lisbon act as preceptors and compose some grammars, which contain a strong normative part and, at the same time, connect themselves to the conversational tradition: among these works, the Grammatica da Lingua Italiana para os Portuguezes by Antonio Prefumo (Lisbon, 1829) plays a central role, as it goes through four editions over almost forty years. The paper analyses the social and intellectual context of production of this text, besides outlining the author’s profile and providing a philological reconstruction of the sources and models adopted. Furthermore, the paper attempts an analysis of the Grammatica that, on the one hand, highlights both the heritage of the vernacular and Enlightenment grammatical traditions and its innovative aspects and, on the other hand, compares the various editions through the study of their macro-textual areas. The methodology underlying our description follows that proposed by Swiggers (2006, 168) being based on four aspects: the analysis of the author, the audience, the subject described and its form. This approach places the author at the centre of a historical conjuncture in which the traditional grammatical method was associated with that of conversation, responding to the demand of an audience that increasingly approached the study of FL for practical reasons, rather than to meet the traditional educational demands of the upper classes.

Nomenclature

2019 ◽  
pp. 17-42
Keyword(s):  
French Revolution ◽  
Social Order ◽  
The Other ◽  
The Past ◽  
Other Hand ◽  
The Social ◽  
Revolutionary Violence ◽  
History Of ◽  
The One ◽  
The Way

This chapter explores the construction of the Terror as a difficult past after 9 Thermidor. It addresses a curious tension in the sources. On the one hand, there were recurring proclamations that the Terror was over, that the violence of Year II was a thing of the past. On the other hand, there was an awareness that this past could not be laid to rest so easily, that the traces of revolutionary violence were everywhere, in the landscape and in the minds of people. The chapter relates this tension in the sources to changes in the way Europeans processed and responded to catastrophic events and to the new relationship between violence and the social order, which was inaugurated by the French Revolution. Special attention is devoted to Louis-Marie Prudhomme’s history of revolutionary violence, published in 1796.

Eckensteher

2012 ◽  
Vol 37 (2) ◽  
Author(s):  
Olaf Briese
Keyword(s):  
Social Order ◽  
The Other ◽  
Other Hand ◽  
The Social ◽  
Literary Figure ◽  
Textual Culture ◽  
The One ◽  
Literary Transformations

Abstract:This article explores the complex origins of the literary figure ‘Berliner Eckensteher’ around 1830. It analyses the sources of this figure in European visual and textual culture, its literary transformations and its different meanings. On the one hand, these figures were conceived as typical ‘biedermeierlich’, that is, as conforming to the social order, as drunken, dumb and harmless. On the other hand, and typical ‘vormärzlich’, they stood also for subversive protest against social repression and increasingly for the fight against reactionary politics. But: did Berlin ‘Eckensteher’ ever actually exist?

ECHOING RULERSHIP—UNDERSTANDING MUSICAL REFERENCES IN THE HUAINANZI

Early China ◽  
2017 ◽  
Vol 40 ◽  
pp. 125-165 ◽  
Author(s):  
Avital H. Rom
Keyword(s):  
Political Power ◽  
Moral Discourse ◽  
The Other ◽  
Dual Function ◽  
Other Hand ◽  
The Social ◽  
The Subject ◽  
The One

AbstractThe Huainanzi text (淮南子 presented in 139 b.c.e. compiled by Liu An 劉安 179–122 b.c.e.), while defining itself as a political guide, is replete with references to Music (yue 樂) itself and music-related terms. While no chapter of the work’s twenty-one chapters is specifically dedicated to the subject of music, no single chapter of it is without musical references. This gives rise to the question: Which functions could music possibly have in such an overtly political text?What this article will examine are the interactions between music and the social and political spheres in the Huainanzi. An analysis of the text’s musical references reveals an intriguing, multidimensional attitude toward music, touching upon moral discourse, discourse on political power, cosmological perceptions, and much more.The article suggests a dual function of music in the text—on the one hand, music serves as a rhetorical tool for the authors of the Huainanzi, and on the other hand, it is a subject of discussion in its own right. For each of these functions of music, a model is proposed. The first model depicts the innovative musical conceptions of the Huainanzi; the second demonstrates how, through an analysis of musical references in the text, a model of sagely rulership is revealed. These models are illustrated and embodied in the human realm.

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