Legal Form

2020 ◽  
pp. 43-56
Author(s):  
Zoe Adams

The chapter builds on the analysis in Chapter 1 with a view to exploring the nature of law and its relationship with capitalist society in more detail. The previous chapter used an analysis of capitalism’s deep structures to explore the nature of law’s role(s) in capitalism, engaging with the various legal ‘functions’ that capitalism presupposes. The purpose of this chapter is to explore the implications of this understanding of law’s role (or function) when it comes to understanding law’s form. The first section begins by developing a theory of the legal form by engaging with the work of Evgeny Pashukanis. The second section teases out the implications of this analysis for our understanding of the relationship between the legal form and capitalism’s contradictions. The third section draws on this analysis to shed light on the relationship between legal form and content. The fourth section makes some tentative conclusions about the implications of this analysis for our understanding of labour law.

2019 ◽  
Vol 32 ◽  
pp. 71
Author(s):  
Carla Carmona Escalera

Abstract: A fourfold use of Wittgenstein’s later philosophy in order to tackle fundamental conceptual misconceptions in the domain of dance practice is proposed: the extension to dance of the insights of his remarks on other arts, the application to dance instructions of his method of examination of the use of language, the extension to dance of the insights of his remarks on aesthetics, and the use of some of the fundamental concepts of his later philosophy, such as “aspect-seeing”, or “form of life”.In the first section, Wittgenstein’s paragraphs on Shakespeare are used in order to clarify the nature of representation, his remarks on archi tecture are used to shed light on the gestural carácter of a dance movement and to differentiate dance movement from mere bodily movement, and his remarks on music are used in order to elucidate the relationship between a movement and its so-called meaning. In the second section, an analysis looks at how language is used in the dance studio to tackle the problem of affectation in dance practice, and to propose measures to overcome this tendency, such as awareness of the use of the mirror in the studio. In the third section, Wittgenstein’s understanding of aesthetic satisfaction as something that clicks is understood as a tool to fight dualistic tendencies in dance practice. The fourth section discusses how insight into Wittgenstein’s concepts of “aspect- seeing” and “form of life” can contribute to superseding affectation. In dance, aspect seeing involves directing one’s gaze back to the movement in question. Instead of blaming the incorrect execution of a movement on a lack of dramatic skill on the part of the dancer, an approach that reinforces the idea of dance performance as a dualistic process, it can be attributed to aspect blindness, allowing for the redirection of the dancer’s attention to the movement. In this regard, it is proposed that dancers be helped to appreciate that a movement is charged with the atmosphere of a whole form of life. By understanding this relationship, it should become clear for dancers that expressivity is something that depends neither on their mental state nor on their ability to transfer the latter to the movement in question.Key words: aesthetics, aspect-seeing, dance, dance instruction, form of life, mind-body dualism, Wittgenstein.Resumen: Propongo un uso cuádruple de la filosofía madura de Wittgenstein con vistas a abordar confusiones conceptuales fundamentales en el ámbito de la práctica de la danza: extender a la danza aquellas de sus observaciones perspicaces sobre otras artes que sean relevantes, aplicar a las instrucciones de danza su análisis del uso del lenguaje, extender a la danza sus observaciones sobre la estética y usar en el contexto de la danza algunos de los conceptos fundamentales de su filosofía madura, tales como el de «ver aspectos» o el de «forma de vida».En la primera sección, se usan los parágrafos sobre Shakespeare de Wittgenstein para clarificar la naturaleza de la representación, sus observaciones sobre arquitectura para arrojar luz sobre el carácter gestual del movimiento de danza y para diferenciar un movimiento de danza de un simple movimiento corporal. Asimismo, sus observaciones sobre música se usan con el fin de dilucidar la relación entre un movimiento y su presunto significado. En la segunda sección, analizo cómo se usa el lenguaje en el estudio de danza con vistas a afrontar el problema de la afectación en la práctica de la danza y propongo una serie de medidas con el propósito de superar esta tendencia, como, por ejemplo, tomar conciencia del uso del espejo en el estudio de danza. En la tercera sección, la comprensión de Wittgenstein de la satisfacción estética como algo que hace click se propone como herramienta para encarar las tendencias dualistas en la práctica de la danza. La cuarta sección enfoca cómo la familiaridad con los conceptos de Wittgenstein de «ver aspectos» y «forma de vida» puede contribuir a superar la afectación. En la danza, ver aspectos supone reencauzar la mirada, enfocando de nuevo el movimiento en cuestión. En lugar de echar la culpa de una ejecución incorrecta de un movimiento a una falta de talento dramático por parte del bailarín, idea que refuerza la imagen de la representación de danza como un proceso dualista, se podría atribuir a la ceguera para los aspectos, y así reorientar la atención del bailarín al movimiento. De igual modo, se propone que los bailarines deberían ser llevados a apreciar que un movimiento ha de participar de la atmósfera de toda una forma de vida. Tras comprender esta relación, para el bailarín debería resultar evidente que la expresividad no es algo que dependa de su estado mental, ni de su habilidad para transferir ese estado mental al movimiento en cuestión.Palabras clave: estética, danza, instrucción de danza, forma de vida, dualismo mente-cuerpo, ver aspectos, Wittgenstein.


Author(s):  
Harold J. Berman

This article examines the link between comparative law and religion. The first section examines the scholarly literature on interrelationships of comparative law and religion, which is skimpy, to say the least. The second section examines religious influence on diverse families of law. The third section looks at the impact of civil religions on law. The fourth section discusses religious dimensions of law. The fifth section considers the relationship between world law and world religion.


2021 ◽  
Vol 16 (1) ◽  
pp. 105-114
Author(s):  
Amna Hussain Sabree Ali

The research uses a descriptive experimental methodology based on the study of the experiences of countries to benefit from them as an applied method of transition to the green economy in the project of a new city in Samawah. The use of analyzing developmental potentials method, the SWOT model and the spatial interaction of the reality of the situation Using modern GIS technologies have also been employed. The first section dealt with the conceptual framework of the green economy and its importance and comparison with the conventional economy, sustainable development, its goals and the obstacles it faces in attempting to understand the relationship between them and extract indicators, as well as shed light on the challenges facing the transition to a green economy and the achievement of sustainable development. Then, in the third section, the study shall be carried out in such a way as to develop the potential for the reality of the situation in the target area and to employ them to achieve the desired results a for the establishment of the proposed city in Samawah.


Refuge ◽  
2013 ◽  
Vol 29 (1) ◽  
pp. 131-136 ◽  
Author(s):  
Jorge Salcedo

The conference, “Migration and Violence: Lessons from Colombia to the Americas” was held in Bogotá D.C., Colombia at the Pontifi cia Universidad Javeriana on June 29, 2012. The main objective of the conference was to develop inter-disciplinary academic research in Central America and Mexico regarding the relationship between violence, particularly narco-violence, and migration. The setting in Bogotá D.C. was deliberate as the participants discussed how lessons learned from Colombia’s experience with narco-induced migration could be leveraged for the benefit of Central America and Mexico. With the participation of experts on international migration, government representatives, academics, and civil society, the conference highlighted research results and relevant intervention experience concerning this problem in Colombia, El Salvador, Guatemala, and Mexico.This article presents an analysis of the presentations given and the discussions held at the conference. It consists of four parts. The first section compares the similarities and differences regarding migration and violence in Colombia and El Salvador, Guatemala, and Mexico. The second section presents the major epistemological challenges emerging from research and models of intervention. The third section presents the implications of the epistemological challenges and their impact on public policy. The fourth section concludes with principal lessons from Colombia for research and intervention in the problem of violence and migration.


Author(s):  
Sarah Washbrook

This chapter analyzes the institution of debt peonage in Chiapas during the Porfiriato. The first section examines Porfirian debates regarding the relationship between debt peonage, slavery, and market development in Chiapas. The second section addresses the economics and economic rationality of debt peonage. The third section focuses on the legal foundations of rural peonage and domestic servitude in the state. The fourth section tackles the issue of coercion and consent and the ‘popular legitimacy’ of debt peonage. The final section looks at the issue of debt peonage in Chiapas after the resignation of President Díaz, comparing the legislative proposals of local politicians with those of the Constitutionalists who descended on the state in 1914, and underlining the significance of the institution during the years of Mexico's armed Revolution (1910–20).


2020 ◽  
pp. 232-254
Author(s):  
Zoe Adams

This chapter draws on the analysis in the previous chapters to illustrate how the courts’ conception of the relationship between law and social practices influences approaches to employment status and, relatedly, the effectiveness of labour law when it comes to securing or coordinating the provision of a ‘social wage’. It does this through the lens of the concept of ‘mutuality of obligation’. The first section explores the concept of ‘mutuality of obligation’ as it is conceived today. The second section then traces the development of this concept over time. The third section concludes with some observations about how the conception of law’s ontology we find implicit in the case law relates to the so-called ‘crisis’ we see today in labour law’s personal scope.


2020 ◽  
pp. 251-290
Author(s):  
Donald Bloxham

part 4 History, Identity, and the Present Part 4 considers the role of historical consciousness in shaping present-day identity. It is critical of prejudicial ‘Identity History’ while enjoining historians to embrace their roles in historical arguments pertaining to identity. The first section clarifies what falls outside the definition of ‘Identity History’, noting that much excellent scholarship pertains to identity and even serves identity goals without being prejudicial. The second section highlights where historians working on identity matters are likely to fall into conceptual difficulty. Is the relationship between past ‘them’ and present ‘us’ a matter of identity or difference or a bit of both? Identity History is inconsistent here, with different attitudes taken depending on whether that past behaviour was good or bad by present lights. There are consequences for the historian’s engagement with past rights and wrongs, harms and benefits, because claims on these matters constitute stakes in the identity game whose winner gets to decide what is desirable in the here and now. The third section develops such themes and distinguishes between more and less appropriate idioms for characterizing the relationship between contemporary polities and groups on one hand and the deeds of relevant ‘forebears’ on the other hand. It is a mistake to talk of contemporary guilt, or for that matter virtue, in light of what one’s predecessors did, but the language of shame or pride may be appropriate. The fourth section addresses the material legacies of past action, considering matters of compensation and redistribution. The concluding section returns to broader principles.


1969 ◽  
Vol 8 (2) ◽  
pp. 1-27 ◽  
Author(s):  
Vernon F. Snow

This is the third in a series of studies dealing with the history of the proxy system in the House of Lords. The first, after tracing the origin of proxies to the Roman law of agency, dealt with the emergence and spread of representation by proctors in the ecclesiastical and political assemblies of medieval England. The second study demonstrated how the proxy system was perfected in the upper house during the reign of Henry VIII and how the Crown benefited from that system. The ensuing article concerns proctorial representation during the crucial years of the Edwardian Reformation. Because of the brief period under consideration — only six years — it seemed best to cast the study in an analytical rather than a chronological framework. The first section deals with the general characteristics of proctorial representation in mid-Tudor times; the second and third sections cover the spiritual and temporal lords, respectively; and the fourth section treats the relationship between the proxy system and conciliar government.IKnowledge of the proxy system in the mid-sixteenth-century House of Lords remains somewhat fragmentary and limited in scope. A satisfactory treatment of the subject does not exist. Constitutional and legal historians have paid little attention to proxies and less to the procedure governing their use in the upper house. As one might expect, Bishop Stubbs dealt with proxies in medieval Parliaments and correctly associated them with parliamentary privileges, but at the same time he concluded that “its history has not yet been minutely traced.


2020 ◽  
Vol 16 (1) ◽  
pp. 50-76
Author(s):  
Emma Engdahl

Against the backdrop of contemporary sociological theories of love, this article explores the disappearance of the other in contemporary love relationships by focusing on the relationship between love and depression. The aim of the article is twofold: first, to provide a theoretical framework to be able to grasp in what ways the other is threatened with erosion in contemporary love relationships and why this may cause depression; second, to exemplify it with empirical data consisting of human documents such as novels, interviews, sms- and messenger-correspondence. The first section, excluding the introduction, consists of methodological reflections. The second section introduces Hegel’s thinking on love and discusses the perception of it by thinkers such as Honneth, Sartre, and Beauvoir, as well as its parallels with Giddens’s idea on confluent love as a new egalitarian paradigm for equality in intimate relationships. The third section is mainly devoted to Kristeva’s theory of the melancholic-depressive composite, but also introduces Illouz’s concept of autotelic desire. In the fourth section, Han’s idea of “the erosion of difference” and Bauman’s thinking on “the broken structure of desire” are discussed in relation to the use of Tinder in contemporary culture. The fifth section consists of an analysis of excerpts from contemporary love novels and interviews that illustrates the disappearance of the other in contemporary love relationships. In the sixth section, a number of longer passages from a messenger conversation, ranging over a couple of months in duration, is reproduced and interpreted, mainly by help of Kristeva’s thinking, in order to make visible the relation between the erosion of the other and melancholic depression. The article ends with a short conclusion.


Author(s):  
Scholte Jan Aart

This chapter examines the forms, consequences, and challenges of civil society involvement in contemporary global governance. It is organized as follows. The first section considers definitions of civil society. The second section maps the various involvements of civil society actors in global regulatory processes. The third section surveys different theoretical understandings of the relationship between civil society and global governance. The fourth section assesses the substantive impacts of civil society interventions in global governance, that is, how NGOs (Non-Governmental Organizations) and other civil society groups affect institutional developments, agendas, decisions, discourses, and deeper structures of global governance. The fifth section considers the relationship between civil society and legitimacy in global governance. The conclusion includes several suggestions for future enhancement of civil society engagement of global-scale regulation.


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