Comparative Law and Religion

2019 ◽  
pp. 733-753
Author(s):  
James Q. Whitman
Keyword(s):  
Comparative Law ◽  
Review Of The Literature ◽  
World Religions ◽  
Legal Traditions ◽  
Axial Age ◽  
First Millennium ◽  
Historical Relationship ◽  
The Law ◽  
The Relationship

This chapter discusses the historical relationship between comparative law and religion. After a brief review of the literature, it considers some of the ancient connections between law and religion. In particular, it examines how the world religions emerged in what scholars of comparative religion call the ‘axial age’ of the first millennium BCE. It then describes the relationship between law and ritual, noting that the role of ritual in the law lies at the heart of the differences between the various religion/legal traditions of the Eurasian landmass. It also highlights the definitional problems in distinguishing ‘law’ from ‘religion’ that are exacerbated by contrasts in concepts of ‘religion’ itself, along with Wolfgang Fikentscher’s work on the axial age transformations. Finally, it analyzes two other institutional developments associated with axial age religion that have shaped the comparative development of the law: the centrality of written texts and and monasticism.

Parliamentarism and the Legislative Branch

2017 ◽  
Author(s):  
András Sajó ◽  
Renáta Uitz
Keyword(s):  
Decision Making ◽  
Political Parties ◽  
Legislative Branch ◽  
Effective Decision ◽  
The Law ◽  
Internal Operations ◽  
Effective Decision Making ◽  
The Relationship ◽  
Law Making

This chapter examines the relationship between parliamentarism and the legislative branch. It explores the evolution of the legislative branch, leading to disillusionment with the rationalized law-making factory, a venture run by political parties beyond the reach of constitutional rules. The rise of democratically bred party rule is positioned between the forces favouring free debate versus effective decision-making in the legislature. The chapter analyses the institutional make-up and internal operations of the legislature, the role of the opposition in the legislative assembly, and explores the benefits of bicameralism for boosting the powers of the legislative branch. Finally, it looks at the law-making process and its outsourcing via delegating legislative powers to the executive.

Corporate Social Responsibility and Government: The Role of Discretion for Engagement with Public Policy

2021 ◽  
pp. 1-29
Author(s):  
Jette Steen Knudsen ◽  
Jeremy Moon
Keyword(s):  
Public Policy ◽  
Corporate Social Responsibility ◽  
Social Responsibility ◽  
Integrated Framework ◽  
The Law ◽  
Corporate Social ◽  
Relationship Of ◽  
The Relationship

We investigate the relationship of corporate social responsibility (CSR) (often assumed to reflect corporate voluntarism) and government (often assumed to reflect coercion). We distinguish two broad perspectives on the CSR and government relationship: the dichotomous (i.e., government and CSR are / should be independent of one another) and the related (i.e., government and CSR are / should be interconnected). Using typologies of CSR public policy and of CSR and the law, we present an integrated framework for corporate discretion for engagement with public policy for CSR. We make four related contributions. First, we explain the dichotomous and the related perspectives with reference to their various assumptions and analyses. Second, we demonstrate that public policy for CSR and corporate discretion coexist and interact. Specifically, we show, third, that public policy for CSR can inform and stimulate corporate discretion and, fourth, that corporations have discretion for CSR, particularly as to how corporations engage with such policy.

Making an Impact Through Information Technology

2021 ◽  
Vol 3 (2) ◽  
pp. 14-23
Author(s):  
Mostafa Sayyadi Ghasabeh
Keyword(s):  
Information Technology ◽  
Transformational Leadership ◽  
Knowledge Management ◽  
Firm Performance ◽  
Positive Relationship ◽  
Review Of The Literature ◽  
Mediating Role ◽  
The Relationship ◽  
Role Of Information

This research contributes to the fields of knowledge management, transformational leadership, as well as information technology. This article presents the theoretical underpinnings of the framework together with a thorough review of the literature. This research indicates that there is a positive relationship between transformational leadership, knowledge management, and firm performance. The synthesis of the literature also lends support for the mediating role of information technology in the relationship between transformational leadership and knowledge management.

scholarly journals PERAN KONVENSI HUKUM LAUT INTERNASIONAL PBB 1982 DAN INTERNATIONAL MARITIME ORGANIZATION (IMO) BAGI KESELAMATAN DAN KEAMANAN ANAK BUAH KAPAL (ABK) SELAMA BERLAYAR DALAM PELAYARAN INTERNASIONAL

2020 ◽  
Vol 2 (1) ◽  
pp. 160-178
Author(s):  
Piseth Chann
Keyword(s):  
Human Resources ◽  
United Nations ◽  
Ad Hoc ◽  
International Management ◽  
International Maritime Organization ◽  
Law Of The Sea ◽  
United Nations Convention ◽  
The Law ◽  
The Relationship

ABSTRAKEksploitasi terhadap tenaga kerja di laut lepas, khususnya ABK, masih sering terjadi. Meskipun tidak diatur secara spesifik, keselamatan dan keamanan ABK dapat dikaitkan dengan KHL PBB 1982, Pasal 94. Tujuan dari kajian ini adalah untuk menjelaskan keterkaitan Pasal 94 KHL dengan perlindungan terhadap ABK, peran IMO terhadap keselamatan dan keamanan ABK, dan kerja sama antara IMO dan ILO dalam menangani masalah eksploitasi sumber daya manusia dalam pelayaran internasional. Dari kajian ini dapat dijelaskan bahwa dalam KHL PBB 1982, Pasal 94 Ayat 2 (b) dan 3 (b) terdapat kewajiban yang dibebankan kepada Negara Bendera untuk ikut bertanggung jawab jika ABK mendapatkan suatu masalah. Sementara itu, sebagai agen khusus PBB, IMO telah mengadopsi satu Kode Manajemen Internasional dengan tujuan untuk memastikan keselamatan manusia dan menghindari kerusakan lingkungan laut. IMO, ILO dan Ad Hoc juga membentuk kerja sama tripartit untuk mengatur hal-hal yang berkaitan dengan ketenagakerjaan di laut. Kata Kunci: anak buah kapal; IMO; ILO; keselamatan dan keamanan ABSTRACTExploitation of workers on the high seas, especially the ship's crew, is still common. Although not specifically regulated, the safety and security of the ship's crew can be linked to the 1982 United Nations Convention on the Law of the Sea (UNCLOS), Article 94. The purpose of this study is to explain the relationship between Article 94 UNCLOS and the protection of ship's crew, the role of International Maritime Organization (IMO) in the safety and security of ship's crew, and cooperation between IMO and ILO in dealing with the problem of exploitation of human resources in international shipping. From this study, it can be explained that in the 1982 United Nations Convention on the Law of the Sea, Article 94 Paragraphs 2 (b) and 3 (b) there was an obligation imposed on the Flag State to take responsibility if the ship's crew had a problem. Meanwhile, as a UN special agent, IMO has adopted an International Management Code to ensure human safety and avoid damage to the marine environment. IMO, ILO and Ad Hoc also formed tripartite cooperation to regulate matters related to employment at sea.Keywords: ILO; IMO; security and safety; ship's crew

scholarly journals The role of legal intellection in the lawmaking mechanism

2020 ◽  
Vol 6 (3) ◽  
pp. 67-73
Author(s):  
Ekaterina A. Petrova
Keyword(s):  
Special Kind ◽  
Thinking Style ◽  
Legal Traditions ◽  
Methods And Techniques ◽  
Legal Thinking ◽  
The Law ◽  
Legal Understanding ◽  
Law Making

The article gives the authors interpretation of legal intellection as a special kind of professional thinking. It is underlined that legal intellection is directly connected with lawmaking, since the law is a result of both of these processes. The main directions of its influence on the elements of the lawmaking mechanism are considered. The author interprets lawmaking mechanism as a set of interrelated and interdependent technical and legal elements that support law creation. These elements include the law-makers; law-making methods and techniques; the rules of claw; forms (sources) of law. It is noted that the lawyers belonging to a particular type of legal understanding determines the understanding of lawmaking process. The author analyzes the influence of legal thinking style, determined by legal traditions of various legal families, on application of various forms of law as a result of lawmaking. The examples from Russian and American legal reality are given. The problem of legal intellection level of lawmakers is discussed, because of its influence on the quality of sources of law. It is concluded that legal intellection as a special kind of professional thinking permeates all types of legal activities and, first of all, directly affects the specifics of the lawmaking mechanism, determining the content of its main elements: the law-makers are the holders of legal intellection; methods, techniques of law-making are determined by the stylistic features of legal thinking; the quality of the forms of law created in the lawmaking process directly depends on the legal thinking level of their creators.

Does Childhood Trauma Cause Personality Disorders in Adults?

1998 ◽  
Vol 43 (2) ◽  
pp. 148-153 ◽  
Author(s):  
Joel Paris
Keyword(s):  
Personality Disorders ◽  
Childhood Trauma ◽  
Personality Pathology ◽  
Traumatic Experiences ◽  
Review Of The Literature ◽  
Gene Environment ◽  
Research Findings ◽  
The Relationship

Objective: To examine the relationship between trauma in childhood and personality disorders in adulthood. Method: A review of the literature was conducted. Results: The reported associations between trauma and personality pathology are illuminated by the following research findings: 1) personality is heritable; 2) only a minority of patients with severe personality disorders report childhood trauma; and 3) children are generally resilient, and traumatic experiences do not consistently lead to psychopathology. Conclusions: The role of trauma in the personality disorders is best understood in the context of gene–environment interactions.

The gypsy’s lot: myth and reality

2017 ◽  
Author(s):  
Robert Jago
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Lived Experiences ◽  
European Court ◽  
The Law ◽  
The Uk ◽  
The Relationship

This chapter focuses on the lived experiences of gypsies (collectively referred to as gypsies rather than Roma or travellers). The author argues that the relationship between the legal system and the specific lifestyle of this group is itself causing many tensions which cannot be separated from the long-held myths about gypsies. Jago shows how the standing of gypsies in the UK legal system has, in turn, become the object of various myths. He demonstrates how judgements by the European Court of Human Rights in favour of gypsy claims created in many an image of the law being always on the side of the gypsy. A perception which Jago demonstrates is far from true. After addressing the nature and role of myths in general the author illustrates the tension between positive, romanticised myths about the freedom of gypsy lifestyle and three derogatory myths, namely gypsies as "child-snatchers", as thieves and as "land grabbers". Jago illustrates that these myths are linked to deep-rooted beliefs around property and its ownership.

The Relationship Between Social Justice Issues and Emotional Intelligence (EI)

2018 ◽  
pp. 1202-1220
Author(s):  
Misha Chakraborty ◽  
Dominique T. Chlup
Keyword(s):  
Social Justice ◽  
Emotional Intelligence ◽  
Human Resource Development ◽  
Human Resource ◽  
Well Being ◽  
Review Of The Literature ◽  
Social Oppression ◽  
The Relationship ◽  
Critical Aspects

This chapter discussed issues of injustice as often affecting the emotional, and in some cases, the physical well-being of a person. In recent years, researchers have begun to explore the role of Emotional Intelligence (EI) in creating awareness when it comes to social justice issues related to areas such as racism, sexism, heterosexism, etc. The purpose of this chapter is twofold: First, to concentrate on the area of social justice issues to find out what the literature has explored in terms of the role Emotional Intelligence (EI) might play when it comes to dealing with social oppression, and second, to advocate emotional intelligence traits that can be successfully used to cope with social oppression. We reviewed the literature as a way to deepen our understanding of how to foster “socially conscious” practices within the workplace. The chapter has implications for Human Resource Development (HRD) practitioners to remind them of the responsibility they have to encourage and welcome studies and practices addressing critical aspects such as social justice issues as a way to help ensure a productive and safe workplace. Through this review of the literature, we found that emotional intelligence traits, if practiced responsibly, can make society a better place for everyone to live and work in.

scholarly journals Mnemonic Populism: The Polish Holocaust Law and its Afterlife

2020 ◽  
pp. 1-13 ◽  
Author(s):  
Kornelia Kończal
Keyword(s):  
Significant Other ◽  
The Past ◽  
Cultural Foundations ◽  
The Holocaust ◽  
Heated Debate ◽  
History Of ◽  
The Law ◽  
The Relationship

In early 2018, the Polish parliament adopted controversial legislation criminalising assertions regarding the complicity of the ‘Polish Nation’ and the ‘Polish State’ in the Holocaust. The so-called Polish Holocaust Law provoked not only a heated debate in Poland, but also serious international tensions. As a result, it was amended only five months after its adoption. The reason why it is worth taking a closer look at the socio-cultural foundations and political functions of the short-lived legislation is twofold. Empirically, the short history of the Law reveals a great deal about the long-term role of Jews in the Polish collective memory as an unmatched Significant Other. Conceptually, the short life of the Law, along with its afterlife, helps capture poll-driven, manifestly moralistic and anti-pluralist imaginings of the past, which I refer to as ‘mnemonic populism’. By exploring the relationship between popular and political images of the past in contemporary Poland, this article argues for joining memory and populism studies in order to better understand what can happen to history in illiberal surroundings.

Religious Autonomy and Religious Entrepreneurship: An Evolutionary-Institutionalist’s Take on the Axial Age

2014 ◽  
Vol 13 (2) ◽  
pp. 105-134 ◽  
Author(s):  
Seth Abrutyn
Keyword(s):  
Early Stage ◽  
Parallel Evolution ◽  
Human History ◽  
Social Scientists ◽  
World Religions ◽  
Symbolic Space ◽  
Axial Age ◽  
The World ◽  
First Millennium ◽  
First Time

AbstractThrough the first millenniumbce, religio-cultural revolutions occurred in China, Greece, Israel, and India. Commonly referred to as the Axial Age, this epoch has been identified by some scholars as period of parallel evolution in which many of the World Religions appeared for the first time and humanity was forever changed. Axial scholarship, however, remains in an early stage as many social scientists and historians question the centrality of this era in the human story, while other unsettled debates revolve around what was common across each case. The paper below considers the Axial Age from an evolutionary-institutionalist’s perspective: what was axial was (1) the first successful religio-cultural entrepreneurs in human history and, thereby, (2) the evolution of autonomous religious spheres distinct from kinship and polity. Like the Urban Revolutions that qualitatively transformed human societies 3,000 years prior, the Axial Age represents a reconfiguration of the physical, temporal, social, and symbolic space in irreversible ways.

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