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 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 On the Issue of Judges’ Salary as an Element of the Constitutional and Legal Status of Judges

2020 ◽  
Vol 91 (4) ◽  
pp. 27-36
Author(s):  
V. S. Vitkova ◽  
Y. O. Hrabova
Keyword(s):  
Legal Status ◽  
Total Population ◽  
Judicial System ◽  
Constant Number ◽  
The Social ◽  
Judicial Administration ◽  
The Law ◽  
Basic Salary ◽  
The City

The article focuses on the use of the categories of «permanent population» and «existing population» while applying the regional coefficients in determining the basic amount of salary of a judge, since the judge’s salary guarantees the independence of the judge and is an integral part of his constitutional legal status. Attention is drawn to the fact that, since the judge’s salary can be determined only by the Law of Ukraine «On Judicial System and Status of Judges» the issue of the uniqueness of the application of regional coefficients requires an additional focus of scholars and practitioners, which, in turn, is related to the uncertainty of the provisions of paragraphs 2, 3, 4, Part 4 of the Art. 135 of the above mentioned Law. Determination of the regional coefficient for the calculation of the judge’s salary substantiates the feasibility of applying regional coefficients in practice based on the data, in particular, the basic indicators of the effectiveness of the courts of settlements, population of which exceed 1 million and total population of which is less than 100 thousand. Relevant comparative data on the burden on judges of such courts is provided. Based on the obtained empirical data, it is concluded that there are ambiguities in the use of the categories «existing population» and «permanent population» by the State Judicial Administration of Ukraine while approving staffing of courts in the period of 2017-2020 on the example of Odesa City, despite the relatively constant number of permanent and existing population in the city during this period. The necessity to apply the category of «existing population» in determining the basic salary of a judge is argued, as well as the advisability of amending the paragraphs 2-4 of Part 4 of the Art. 135 of the Law of Ukraine «On Judicial System and Status of Judges» in regard to the need for uniform application of this rule in practice and ensuring that the social guarantees of judicial independence are respected.

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.

scholarly journals The Proposed abolition of de facto unions in Tanzania: a case of sailing against the social current

1998 ◽  
Vol 42 (2) ◽  
pp. 187-214 ◽  
Author(s):  
Bart Rwezaura
Keyword(s):  
Male Partner ◽  
Law Reform ◽  
Social Fact ◽  
Economic Support ◽  
The Social ◽  
The Law ◽  
Legal Marriage ◽  
Legal Consequences

In April, 1994, the Law Reform Commission of Tanzania (LRC) recommended,inter alia, that section 160 of the Law of Marriage Act (LMA), be repealed because it constitutes “an unnecessary encroachment [on] the sanctity of marriage and [is] contrary to the spirit of the Law of Marriage Act”. Subsection (1) of the offending section enacts a statutory presumption of marriage in favour of reputed de facto unions that have existed for a minimum of two years. Subsection (2) states that once the presumption is rebutted, the woman cohabitant and the children born of that union become legally entitled to apply to the court for economic support from the male partner. In these proceedings the court has similar jurisdiction as a divorce court, including the making of orders for the division of assets jointly acquired by the couple and the determination of who is to have custody of the children. In 1971 when section 160 was enacted, it was widely recognized that de facto unions had become a social fact which the law could not ignore. Hence, the decision to extend to these unions the same legal consequences that follow a formal dissolution of a legal marriage. However, in so doing the legislature had indirectly raised and yet left open a number of important questions that have continued to engage the minds of judges.

The Social Functions of Voluntary Associations in a Nineteenth-Century American Town

1977 ◽  
Vol 1 (3) ◽  
pp. 333-355 ◽  
Author(s):  
Don H. Doyle
Keyword(s):  
Nineteenth Century ◽  
Public Schools ◽  
Social Control ◽  
Social History ◽  
Social Order ◽  
Social Functions ◽  
The Social ◽  
Class Leaders ◽  
American Society ◽  
New Research

Recent research in American urban history has given us a polarized view of the social order of nineteenth-century cities. At one extreme the studies of urban spatial and social mobility have revealed a restless shifting population of individuals moving through the city attached by little more than a brief term of employment. “American society…,” concluded one such mobility study, “was more like a procession than a stable social order. How did this social order cohere at all?” To a large extent the answer to this question has come from another body of studies which have reexamined a variety of institutions from police to public schools and found them to be part of a broad effort among Protestant middle-class leaders to bring control and order to this strange new urban world. The new research on mobility and social control has enlarged our understanding of American social history in many important ways, however, our emphasis on mobility and the mechanisms of coercive social control may obscure the social order that citizens of nineteenth-century communities defined for themselves.

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 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.

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.

scholarly journals The Urgency of the Criminal Provision Regulationss in Cooperatives Law at Indonesia

2020 ◽  
Vol 3 (2) ◽  
pp. 947-955 ◽  
Author(s):  
Arie Kartika
Keyword(s):  
Law Enforcement ◽  
Social Order ◽  
World Economy ◽  
Human Life ◽  
Economic Life ◽  
Modus Operandi ◽  
Alternative Sanction ◽  
The Law ◽  
And Behavior

The essence of cooperatives is to remain themselves as cooperatives and not deviate into other forms, the moral values that underlie them must be realities of life in the activities and behavior of cooperative people. Evil develops along with the development and change of human life. The types are even more diverse with varied modus operandi, all following the development of increasingly modern humans, one of which is the crime of corruption and money laundering. Likewise, crime in the economy follows the sophistication of the development of the world economy. Crimes in the economic field are very likely to occur and affect the cooperative business entity. Based on this, the main problems of criminal acts cannot be avoided in the regulations of cooperative business activities. Determination of a law as a criminal acts means the law is prohibited, and should be given a criminal sanction. Crime in the Cooperative is identified as a problem that needs to be sought as an alternative sanction as a last resort in terms of law enforcement. The development of economic life requires a normative framework to maintain social order. Then it is necessary to administer the law with real legal objectives to facilitate the economic life of the Indonesian state.

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