Model ShurūṬ Works and the Dialectic of Doctrine and Practice

1995 ◽  
Vol 2 (2) ◽  
pp. 109-134 ◽  
Author(s):  
Wael Hallaq
Keyword(s):  
Conventional Wisdom ◽  
Legal Doctrine ◽  
Complex Processes ◽  
Judicial Practice ◽  
Selection Processes ◽  
The World ◽  
Close Relationship ◽  
One Step ◽  
The Law ◽  
The Relationship

AbstractThe relationship between documents emanating from the world of judicial practice and model formulae recorded in juristic manuals has been viewed differentially by modern scholars. Whereas Joseph Schacht posited the existence of a close relationship between the the realia of judicial practice and juristic manuals, others did not. Going one step beyond Schacht, I argue that the relationship between model ShurūṬ and documents originating in practice was dialectical, involving complex processes of editing, interpolation and selection, processes that functioned — almost imperceptibly — within the conventional legal dynamics of the madhhab. If this view is accepted, it follows that the conventional wisdom regarding a gap between Islamic legal doctrine and judicial practice is untenable, at least in the areas of the law covered by ShurūṬ manuals.

scholarly journals Fact Finding and the World Court

1969 ◽  
Vol 7 ◽  
pp. 150-191
Author(s):  
W. F. Foster
Keyword(s):  
State Sovereignty ◽  
The World ◽  
International Tribunals ◽  
The Law ◽  
International Adjudication ◽  
Fact Finding ◽  
Relationship Of ◽  
The Relationship

The relationship of state sovereignty and the jurisdiction of international tribunals presents one of the main problems in the law of international adjudication. Submission to the jurisdiction of a tribunal implies a partial surrender of sovereignty. The extent of the surrender may be said to be proportionate to the degree of discretion open to the tribunal concerned when deciding a case submitted to it. The present study will deal with an important aspect of this judicial freedom of determination, namely, the extent to which the World Court can seek to discover the facts and circumstances of a dispute independently of the evidence and information brought before it voluntarily by the parties.

Part I Introduction, 1 The Nature of Termination

2020 ◽  
Author(s):  
Stannard John E ◽  
Capper David
Keyword(s):  
Common Law ◽  
The Other ◽  
Breach Of Contract ◽  
Close Relationship ◽  
The Law ◽  
The Right ◽  
The Relationship ◽  
Right To Refuse

This chapter discusses the nature of termination for breach. Termination for breach can be seen both as a process and as a remedy. Traditionally, the topic has been dealt with under the broader umbrella of ‘discharge’, alongside such topics as performance, frustration, and agreement. Problems arise, however, when the notion of discharge is pressed too far; in particular, the idea of the contract ‘coming to an end’ can be a misleading one, and has given rise to various errors and misconceptions. For this and other reasons, more emphasis is now given to termination in the context of remedies. Termination can be one of the most useful weapons in the armoury for the victim of a breach of contract, not least because, unlike many other remedies, it does not require recourse to the courts. However, this notion of termination as a remedy should not obscure the close relationship between termination and the other modes of discharge, most notably frustration. The chapter then looks at the problems in this area of the law, including problems of terminology, the different ways in which common law and equity have approached the question, and the relationship between discharge and damages. It also considers the most important aspects of the right to terminate, including the right to refuse performance.

scholarly journals Proprioceptive Perception: An Emergence of the Interaction of Body and Language

2021 ◽  
Author(s):  
Alejandra Vasquez-Rosati ◽  
Carmen Cordero-Homad
Keyword(s):  
Human Behavior ◽  
The Body ◽  
Emotional States ◽  
Complex Phenomenon ◽  
External Space ◽  
Cognitive States ◽  
The World ◽  
Close Relationship ◽  
The Relationship ◽  
Behavior And Cognition

This chapter provides a systemic perspective of human behavior, which reformulates the concept of effective behavior and cognition that derive from the classical vision of neuroscience and psychology based on the Cartesian reductionist functionalist paradigm. This systemic perspective, which is based on the theory of autopoiesis, proposes that the act of perceiving proprioception is decisive in the capacity of the human being to differentiate himself from an external space within which he is situated; a phenomenon that we will denominate “proprioceptive perception”. This complex phenomenon of dynamic character emerges from the relationship between the domains of the body and language in the individual’s relationship with their environment. Furthermore, from this systemic perspective, we will present the emotional states as cognitive states necessary for the conservation of the individual’s living identity and the close relationship they have with the sensorimotor patterns and proprioceptive perception. This chapter answers the question of how proprioceptive perception affects the human being’s experience of being different from others and from the environment in which they find themselves, having the possibility of being aware of themselves and of the world they perceive - in a present - within the environment in which they find themselves. And it explains how this phenomenon modulates its modes of emotion in congruence with what occurs in its present.

scholarly journals Vertiginous pleasures

2021 ◽  
Author(s):  
David Kerr
Keyword(s):  
Social Identity ◽  
Social Relations ◽  
Final Analysis ◽  
Consumer Products ◽  
Consumer Product ◽  
Text And Image ◽  
Complex Processes ◽  
The World ◽  
The Relationship

In the opening lines to his unique collection of cinematic art, Italian Movie Posters, Dave Kehr reminds us that "in the final analysis, movie posters are advertisements-in other words, promises made to be broken. But what glorious promises they make" (9)1 In large part this text is dedicated to exploring these very promises, not so much to celebrate the grandeur and bombast of the film poster but to understand the complex processes of interaction that exist between a film, its posters, and their audiences. Of course, the promises that Kehr is referring to are the more or less straightforward ones posters make when they implicitly offer us the chance at experiencing the films they promote as glamorous, adventurous, terrifying, and seductive. In this respect, film posters, like all forms of advertising, seek to create audiences by attaching a fixed social identity to a product that is by its nature polysemic, representing too many things to too many people to be completely represented by any single combination of text and image. Unlike most consumer products however, films are ephemeral in nature, disappearing from view the minute they have been consumed, and like dreams they are only half-remembered by those who have consumed them. Consequently, the relationship between the film and its poster is not quite the same as the relationship between a tangible consumer product and the advertising imagery that sells it. The intangibility of films, in that they are seen only temporarily in the dark and quiet confines of the theatre and our living rooms, make them especially in need of a body, a corporeal vehicle with which they can circulate in the world. In a consumerist culture such as ours, where social relations are structured through the fetishization of commodities, ephemeral products such as films leave consumers needing a tangible emblem, either because they crave owning a piece of what they love or simply to see for themselves whether or not a film is in fact "my kind of movie."

scholarly journals Vertiginous pleasures

2021 ◽  
Author(s):  
David Kerr
Keyword(s):  
Social Identity ◽  
Social Relations ◽  
Final Analysis ◽  
Consumer Products ◽  
Consumer Product ◽  
Text And Image ◽  
Complex Processes ◽  
The World ◽  
The Relationship

In the opening lines to his unique collection of cinematic art, Italian Movie Posters, Dave Kehr reminds us that "in the final analysis, movie posters are advertisements-in other words, promises made to be broken. But what glorious promises they make" (9)1 In large part this text is dedicated to exploring these very promises, not so much to celebrate the grandeur and bombast of the film poster but to understand the complex processes of interaction that exist between a film, its posters, and their audiences. Of course, the promises that Kehr is referring to are the more or less straightforward ones posters make when they implicitly offer us the chance at experiencing the films they promote as glamorous, adventurous, terrifying, and seductive. In this respect, film posters, like all forms of advertising, seek to create audiences by attaching a fixed social identity to a product that is by its nature polysemic, representing too many things to too many people to be completely represented by any single combination of text and image. Unlike most consumer products however, films are ephemeral in nature, disappearing from view the minute they have been consumed, and like dreams they are only half-remembered by those who have consumed them. Consequently, the relationship between the film and its poster is not quite the same as the relationship between a tangible consumer product and the advertising imagery that sells it. The intangibility of films, in that they are seen only temporarily in the dark and quiet confines of the theatre and our living rooms, make them especially in need of a body, a corporeal vehicle with which they can circulate in the world. In a consumerist culture such as ours, where social relations are structured through the fetishization of commodities, ephemeral products such as films leave consumers needing a tangible emblem, either because they crave owning a piece of what they love or simply to see for themselves whether or not a film is in fact "my kind of movie."

THE ANALYSIS OF THE THOUGHTS ON THE INTERDEPENDENCE OF HUMAN LANGUAGE, SPIRIT, AND CONSCIOUSNESS

2020 ◽  
Vol 2 (3) ◽  
pp. 228-232
Author(s):  
Zuxro Akbarova ◽  
Keyword(s):  
Mother Tongue ◽  
Self Awareness ◽  
Human Language ◽  
Human Spirit ◽  
Actual Structure ◽  
Human Thought ◽  
The World ◽  
Close Relationship ◽  
The Relationship

This article highlights the opinions on the close interdependence of the language, psyche and consciousness of human. The language is not only the expression of human spirit, but also it is an actual structure. Moreover, we analyzed the close relationship between the language and the human. Furthermore, the article clarifies issues, such as the role of language, especially mother tongue, in the human's self-awareness, the importance of language in the development of human thought, that is, it is impossible to exist the relationship between man and the world without the language,furthermore, the place of language in the relation between human and the world

Perkawinan Beda Agama Ditinjau dari Undang-undang Nomor 1 Tahun 1974 Tentang Perkawinan

2019 ◽  
Vol 2 (2) ◽  
pp. 297
Author(s):  
Mardalena Hanifah
Keyword(s):  
Government Regulation ◽  
Interfaith Marriage ◽  
Men And Women ◽  
Civil Registration ◽  
Close Relationship ◽  
The Law ◽  
The One ◽  
Happy Family ◽  
The Relationship ◽  
Legal Marriage

<p><em><span lang="EN-US">The principle of marriage is a contract to justify the relationship between men and women, which between the two is not mahram. Viewed from a legal standpoint, marriage is a sacred and noble contract between men and women which is the legitimate status of husband and wife and is condemned to sexual relations with the aim of reaching a sakinah, full of love and virtue family. This article uses normative juridical research. Regarding legal marriage according to Article 2 paragraph (1) of Law Number 1 of 1974 concerning Marriage, each marriage is recorded according to the applicable laws and regulations. Besides that, it is associated with Article 2 paragraph (2) Government Regulation Number 9 of 1975 concerning the Implementation Regulation of Law Number 1 Year 1974 concerning Marriage which states that the registration of their marriages which according to their religion and belief except the religion of Islam, carried out by the Official Registration Officer Civil Registration and Population as referred to various legislation concerning the registration of marriages. Interfaith marriage is a violation of Law Number 1 of 1974. This can be seen in Article 1, Article 2 Paragraph (1) jo Article 8f of Law Number 1 of 1974 concerning Marriage. In the explanation of Article 1 mentioned: "As a country based on Pancasila, where the first principle is the One Godhead, then marriage has a very close relationship with religion / spirituality, so marriage not only has an element of birth / physical, but an inner / spiritual element also has an important role. Forming a happy family which is the purpose of marriage, maintenance and education is the rights and obligations of parents. Then Article 2 Paragraph (1) jo Article 8f explains that marriage is legal, if it is carried out according to the law of each religion and its beliefs, then there is no marriage outside the law of each religion and that belief.</span></em></p>

COMPARATIVE ANALYSIS OF APPROACHES TO THE REGULATION OF JOINT OWNERSHIP OF COPYRIGHTS

2021 ◽  
Vol 21 (1) ◽  
pp. 75-103
Author(s):  
A.E. TURKINA
Keyword(s):  
Comparative Analysis ◽  
Unified Approach ◽  
Joint Work ◽  
Advantages And Disadvantages ◽  
Judicial Practice ◽  
The World ◽  
Joint Ownership ◽  
The Law

To date, there is no unified approach to defining a joint work and the rights of coauthors in different countries of the world. Any of the described mechanisms has its advantages and disadvantages. In those countries where co-authorship creates significant rights over a joint work or, conversely, significant restrictions, the criteria for determining a joint work attract the most attention. Since each work is unique, as well as each contribution made by the co-author, only judicial practice can determine the content of the criteria proposed in the law in sufficient details.

scholarly journals Implikasi Ulangan 5:16 Dalam Pendidikan Keluarga

2020 ◽  
Vol 1 (2) ◽  
pp. 141
Author(s):  
Eirene Mary
Keyword(s):  
Old Age ◽  
Family Education ◽  
Human Relations ◽  
Parents And Children ◽  
The World ◽  
The Law ◽  
The Relationship

God is the God who wants to reveal Himself to humans. God also revealed what He wanted humans to do in the 10 Commanments. The law provides for the things that humans must do in relation to God and with others. The first law in human relations is the law concerning parents and children. Children must respect their parents. In fact, there are many events that show the fading of the values of respecting parents. This paper tries to reexamine the fifth law regarding respect for parents by analyzing Deuteronomy 5:16.  The analysis is done by looking for the meaning of the word "honor" and synthesizing several interpretations of the meaning of honoring parents.From this analysis it was found that through parents, a child is born into the world. Parents are God's representatives. The relationship between parent and child is the highest relationship in human relations. God gives orders for children to respect their parents. Respecting parents can be done in the form of submitting to parents, obeying parents and caring for parents in their old age. This has implications in the process of family education where parents are responsible for educating their children, children must be taught about things that God has done and submit to authority.  AbstrakAllah adalah Allah yang mau menyatakan diri-Nya kepada manusia.  Allah juga menyatakan apa yang dikehendaki-Nya untuk dilakukan oleh manusia dalam hukum Taurat.  Hukum Taurat memberikan hal-hal yang harus dilakukan oleh manusia dalam hubungannya dengan Allah dan dengan sesama.  Hukum pertama dalam hubungan dengan manusia adalah hukum tentang orang tua dan anak.  Anak harus menghormati orang tuanya. Kenyataan yang terjadi saat ini, banyak kejadian yang menunjukkan lunturnya nilai-nilai menghormati orang tua. Tulisan ini mencoba meneliti kembali hukum Taurat yang kelima mengenai menghormati orang tua dengan menganalisis Ulangan 5:16.  Analisis yang dilakukan adalah dengan mencari makna kata “hormat” dan mensintesakan beberapa penafsiran mengenai makna menghormati orang tua.  Dari analisis tersebut ditemukan bahwa melalui orang tua, seorang anak dilahirkan ke dalam dunia.  Orang tua adalah wakil Allah.  Hubungan orang tua dan anak adalah hubungan yang tertinggi dalam hubungan antar manusia.  Allah memberikan perintah agar anak menghormati orang tua.  Menghormati orang tua dapat dilakukan dalam bentuk tunduk kepada orang tua, taat kepada orang tua dan memelihara orang tua pada masa tuanya.  Hal ini berimplikasi dalam proses pendidikan keluarga dimana orang tua bertanggung jawab dalam mendidik anak-anaknya, anak-anak harus diajarkan tentang hal-hal yang sudah dilakukan Allah dan tunduk pada otoritas.

scholarly journals Intuitive planning: global navigation through cognitive maps based on grid-like codes

2018 ◽  
Author(s):  
Alon B. Baram ◽  
Timothy H. Muller ◽  
James C.R. Whittington ◽  
Timothy E.J. Behrens
Keyword(s):  
Spatial Information ◽  
Distance Measure ◽  
Grid Cell ◽  
Simple Algorithm ◽  
Place Cells ◽  
Grid Cells ◽  
Global Knowledge ◽  
The World ◽  
One Step ◽  
The Relationship

AbstractIt is proposed that a cognitive map encoding the relationships between objects supports the ability to flexibly navigate the world. Place cells and grid cells provide evidence for such a map in a spatial context. Emerging evidence suggests analogous cells code for non-spatial information. Further, it has been shown that grid cells resemble the eigenvectors of the relationship between place cells and can be learnt from local inputs. Here we show that these locally-learnt eigenvectors contain not only local information but also global knowledge that can provide both distributions over future states as well as a global distance measure encoding approximate distances between every object in the world. By simply changing the weights in the grid cell population, it is possible to switch between computing these different measures. We demonstrate a simple algorithm can use these measures to globally navigate arbitrary topologies without searching more than one step ahead. We refer to this as intuitive planning.

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