Caste, Class, Community, and the Everyday Tales of Law

2018 ◽  
pp. 225-309
Author(s):  
Anushka Singh
Keyword(s):  
Social Order ◽  
Case Law ◽  
Face To Face ◽  
State Institutions ◽  
The Social ◽  
The Everyday ◽  
The Law ◽  
Class Community

This chapter juxtaposes the understanding of sedition emerging from the higher judiciary with the practice of the law on the ground. The chapter is primarily field based which looks at sedition in its everydayness intertwined with the social order based on caste, class, and community in India. It proceeds through a study undertaken of three specific regions of Haryana, Maharashtra, and Punjab. The regions, are not chosen as field sites; in fact, they emerged as field areas following the case law method in which the intertwined dynamics of sedition with sociopolitical variables, lend it a different character. This included personal visits, face to face interviews, and the attempts to partially experience the lived realities of the actors involved both at the level of state institutions and otherwise.

scholarly journals Social commissioning in the sphere of social services provision

2021 ◽  
Vol 66 ◽  
pp. 113-117
Author(s):  
M.O. Buk
Keyword(s):  
Social Services ◽  
Social Order ◽  
Social Care ◽  
Social Issues ◽  
Public Procurement ◽  
The State ◽  
The Social ◽  
The Law ◽  
Definition Of ◽  
State Regional

This article is dedicated to the analysis of the essential hallmarks of social services procurement. The attention is focused on the absence of the unity of the scientists’ thoughts as for the definition of the term “social procurement”. It has been determined that in the foreign scientific literature the scientists to denote the term “social procurement” use the notions “social contracting”, “social order” and “social commissioning”, and they use these notions with slightly different meanings. Therefore, the notion “social procurement” is defined as: 1) activity of a country; 2) form of the state support; 3) complex of measures; 4) legal mechanism. The article has grounded the expediency of the definition of social procurement in the legal relations of social care as a special legal way to influence the behavior of the parties of the social care legal relations. The publication advocates the idea that social procurement is one of the conditions for the rise of the state and private sectors partnership. The state-private partnership in the legal relations regarding the provision of social services is proposed to be defined as cooperation between Ukraine, AR of Crimea, territorial communities represented by the competent state bodies, self-government bodies (authorized bodies in the sphere of social services provision) and legal entities, but for the state and municipal enterprises and establishments, and organizations (providers of social services) regarding the provision of social services, which is carried out on the basis of an agreement and under the procedure set by the Law of Ukraine “On Social Services” and other legal acts that regulate the social care legal relations. The article substantiates the thesis that the subject of the social procurement is social services and resolution of social issues of the state/regional/local levels in the aspect of the satisfaction of the needs of people/families for social services (state/regional/local programs of social services). It has been determined that the main forms of realization of the social procurement in the social care legal relations are public procurements of social services and financing of the state/regional/local programs of social services. The public procurement of social services is carried out under the procedure set by the Law of Ukraine “On  Public Procurement” taking into account the special features determined by the Law of Ukraine “On Social Services”. The social procurement in the form of financing of the state/regional/local programs of social services is decided upon the results of the tender announced by a client according to the plan for realization of the corresponding target program.

scholarly journals The Almanac “Woman and Russia” and the Soviet Feminist Movement at the end of the 1970s

2013 ◽  
Vol 15 (1) ◽  
pp. 5-20
Author(s):  
Nadina Milewska-Pindor
Keyword(s):  
Women Writers ◽  
Social Order ◽  
Women Activists ◽  
Social Conditions ◽  
Feminist Movement ◽  
Short History ◽  
Feminist Organizations ◽  
The Social ◽  
The Everyday ◽  
History Of

This article presents a short history of the origin and creation of the Almanac “Women and Russia,” which began as a samizdat underground publication devoted to the problem of women and childrearing in the USSR. The idea for creating such an Almanac originated in the mid 1970s in the Leningrad circle of ‘unofficial culture’, at the initiative of the artist Tatyana Mamonova, religious philosopher Tatyana Goricheva, and the women author Natasha Malachovska. The women writers featured in the first edition of the Almanac addressed not only questions about the social conditions prevailing in the USSR, but above all exposed the consequences for women living and functioning ina patriarchal social order, and ironically one where all the questions concerning ‘women’s rights’ were deemed to have been resolved in a progressive fashion much earlier. Not only is the substance of the Almanac important, but the circumstances surrounding its publication and the subsequent consequences related to its publishing also reveal the state of the ‘women’s movement’ in the USSR of that time. These include the reactions of the representatives of the dissident culture, the interventions of the security apparatus and the attendant repression of the women activists and its effect on their lives, and the support of feminist organizations from abroad. Each of the afore-mentioned reactions and consequences became an element of and shaped the everyday lives of the activists involved in the creation of the Almanac. The events related in this work confirm the opinion of those researchers who consider that the publication of the Almanac marked the beginning of the resurrection of the feminist movement in Russia.

scholarly journals Individual and Social in L.I. Petrazhitsky's Philosophy of Law

2021 ◽  
Vol 25 (3) ◽  
pp. 513-523
Author(s):  
Leonid Yu. Kornilaev
Keyword(s):  
Social Order ◽  
Social Life ◽  
Legal Theory ◽  
Psychological Theory ◽  
Life Forms ◽  
Mental Life ◽  
Emotional Life ◽  
The Social ◽  
The Law ◽  
Theory Of Law

Along with competing legal concepts of positivism and gnoseologism in the second half of the 19th century, a direction of legal psychology was formed, within which the psychological theory of law by the Russian and Polish lawyer L.I. Petrazhitsky takes a prominent place. L.I. Petrazhitsky's legal theory interprets the law as a mental phenomenon in a person's mind. The mental life forms the internal and external legal behavior. Studying the law becomes possible only by analyzing the subject's particular kind of emotional life - legal experience. Our focus on the individual's emotional world gives us reason to think of the theory as individualistic, i.e., close to the subject's mental life. At the same time, the Russian lawyer's psychological doctrine also gains explanatory potential for scrutinizing social life. It contains ideas that reveal such mechanisms of social functioning as the affirmation of the ideal of love as the ultimate goal of law-making, the priority of unofficial law in the life of society, and a specific interpretation of public and private law. The system of legal emotions is carried out on the social niveau and establishes such values as love and social order. The article reconstructs the main provisions of Petrazhitsky's psychological theory of law from the point of view of the interaction of its individual and social sides. The social potential of the Russian lawyer's theory appears capable of supplementing and explaining the ideas of socialism and sobornost discussed widely at the turn of the 19th and 20th centuries. Petrazhitsky's individualistic doctrine appears as a flexible concept, capable of fitting organically into various philosophical and sociological contexts.

Manifestation Determination as a Golden Fleece

2001 ◽  
Vol 68 (1) ◽  
pp. 85-96 ◽  
Author(s):  
Antonis Katsiyannis ◽  
John W. Maag
Keyword(s):  
Social Context ◽  
Case Law ◽  
Educational Purpose ◽  
Manifestation Determination ◽  
Alternative Approach ◽  
The Social ◽  
Relevant Case ◽  
Functional Implications ◽  
The Law ◽  
Law And Legislation

Manifestation determination is a mandated provision for deciding whether a student's misbehavior is related to his disability and, consequently, whether cessation of services will be allowed. However, it is conceptually and methodologically flawed and appears to serve more of a political than educational purpose. In this article, we critique the manifestation determination provision by reviewing relevant case law and legislation, examining the social context surrounding this mandate, and questioning the validity of current approaches for making a manifestation determination. We believe this analysis will corroborate our thesis. Therefore, we conclude this article by proposing an alternative approach for conceptualizing and conducting a manifestation determination that has more functional implications than those currently in use and still addresses the spirit and letter of the law.

Judaic Social Teaching in Christian and Pagan Context

2003 ◽  
Vol 6 (2) ◽  
pp. 251-281
Author(s):  
Jacob Neusner
Keyword(s):  
Social Order ◽  
Clear Picture ◽  
Social Teaching ◽  
Rabbinic Judaism ◽  
The Social ◽  
The Everyday

AbstractThe social teaching of Rabbinic Judaism takes up the narrative of the Torah and recasts it into an account of the norms of Israel's social order. Its recapitulation of the Torah's story regulates relationships between Israelites and corporate Israel, among Israelites in their units of propagation and production, and between corporate Israel and the ever-present, always-sentient God. The details coalesce to yield a clear picture of an entire social order, its relationships and its points of stability and order. To treat any detail apart from its larger context is to miss its point. That point is, Rabbinic Judaism undertakes to realize in the everyday and here and now of the Jews' communal existence the imperatives set forth in the Torah for the formation of God's abode on earth.

scholarly journals When Justice Fails: Jurisdiction and Imprecation in Ancient Egypt and the near East

1992 ◽  
Vol 78 (1) ◽  
pp. 149-162 ◽  
Author(s):  
Jan Assmann
Keyword(s):  
Social Order ◽  
Near East ◽  
Social Institutions ◽  
Ancient Egypt ◽  
The Other ◽  
Near Eastern ◽  
The Social ◽  
The Law ◽  
The Difference ◽  
The One

In this comparative study of ancient belief and practice, the Egyptian evidence is analysed first, then placed in the wider context of the Near East. It is argued that, while laws and curses are both ways of preventing damage by threatening potential evildoers with punishment, the difference lies in the fact that in the one case punishment is to be enforced by social institutions, in the other by divine agents. Curses take over where laws are bound to fail, as when crimes remain undetected and when the law itself is broken or abandoned. The law addresses the potential transgressor, the curse the potential law-changer who may distort or neglect the law. The law protects the social order, the curse protects the law. These points are illustrated by extensive quotation from Egyptian and Near Eastern texts.

scholarly journals The Gendered Racialization of Asian Women as Villainous Temptresses

2021 ◽  
pp. 089124322110293
Author(s):  
Maria Cecilia Hwang ◽  
Rhacel Salazar Parreñas
Keyword(s):  
Sex Work ◽  
Social Order ◽  
White Male ◽  
Asian Women ◽  
Gender Analysis ◽  
Global Pattern ◽  
The Social ◽  
The Law ◽  
American Society

What explains white male animus against Asian women? We address this question by examining the murders in Atlanta, GA, which reflect a larger global pattern of violence against what are perceived as hypersexualized Asian women. Dominant discourses on these murders promote either a narrative of racial xenophobia or a stance for or against sex work. Neither discourse adequately accounts for the simultaneous racial and gendered determination of Asian women’s experiences. In this commentary, we provide a racial–gender analysis and underscore how the gendered racialization of Asian women as hypersexual can result in their perception as disposable bodies for white male rage. As we explain, hypersexualization implies immorality, which in turn threatens the social order and thereby justifies Asian women’s disposability. This commentary establishes Asian women’s hypersexualization as a century-old view in American society perpetuated in cinema and the law.

scholarly journals Adam Smith and the Social Foundation of Agreement: Walford v Miles as a Relational Contract

2017 ◽  
Vol 21 (3) ◽  
pp. 376-404 ◽  
Author(s):  
David Campbell
Keyword(s):  
International Trade ◽  
Adam Smith ◽  
Case Law ◽  
Good Faith ◽  
Economic Exchange ◽  
Mutual Respect ◽  
Relational Contract ◽  
The Social ◽  
Self Interest ◽  
The Law

That the reception in subsequent case law of Leggatt J's outstanding discussion of good faith in Yam Seng Pte Ltd v International Trade Corporation Ltd has been disappointing demonstrates the continuing failure to appreciate the normative constitution of economic exchange and the law of contract. This paper re-examines the concept of economic exchange which may be derived from the work of Adam Smith in order to show that Smith did not conceive of exchange as a system of solipsistic self-interest but as self-interest which is formed on the basis of the mutual respect of the parties to the exchange. The significance of Smith's views for the law of contract will be demonstrated by a re-examination of the rejection of good faith in Walford v Miles in light of those views. Whilst it is moot whether the law of contract should recognise a general doctrine of good faith, that law must become self-conscious of the mutual respect it requires of parties to a contract which is indicated in the concept of good faith.

scholarly journals AQAD NIKAH PESPEKTIF FIQH DAN KOMPILASI HUKUM ISLAM

Al-Qadha ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 21-34
Author(s):  
Muhazir
Keyword(s):  
Human Rights ◽  
Social Order ◽  
Family Problems ◽  
Legal Power ◽  
The Social ◽  
The Law

Regulations relating to private matters such as marriage and other civil matters are regulated in such a way as to achieve the objectives of the law itself. Therefore, howimportant is the position of law in the social order. Likewise in the concept of marriage, inorder to regulate and protect and protect human rights, it is necessary to make a formallegal codification in order to have legal power that can guarantee each individual.Especially in this marriage concerning private matters which are very urgent to protect, thisis due to factors arising from family problems, both concerning the protection of his wife,husband and children. Aqad marriage in marriage has an important role in determining thelegal or illegitimate marriage, because aqan is a binding bond both legally and morallybetween two individuals.

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