scholarly journals The Value of Constitutional Values: With the Examples of the Bavarian and the Indian Constitution

2014 ◽  
Vol 6 (2) ◽  
pp. 61-77
Author(s):  
Christian A Bauer ◽  
Harald J Bolsinger

The Bavarian and the Indian constitutions were developed in almost the same period of time. Because of historic experiences the prospect of legal certainty was the determining factor for the representatives of the people in India and Bavaria. They elaborated functioning constitutions and integrated their fundamental ideological principles quite naturally. The Indian and the Bavarian constitution are characterized by their aspirations to balance social injustice, particularly by striking a balance between individual liberty and social need.The history of political economy demonstrates a broad variety of interpretations regarding the meaning and function of value concepts. When we review all these value concepts we identify two poles of the value-concept that still lack compatibility with each other in economical and philosophical schools to this day. Value systems have to be applied situation-sensitive and are in need of a frequent critical reflection; they need to be refused or changed if necessary.Examining some examples of the Bavarian Constitution, we indicate some concordances with regard to contents of the Indian Constitutional Law. The equivalences in the Bavarian and the Indian Constitution incorporate entitlements which should protect citizens against an unjustified economical assault upon their existence. The social value conflicts that occur more and more because of the hiatus to the constitutionally warranted values, and that cannot be solved simply by law or political adjustment, are therefore up for discussion. We then examine the disparity between entitlements and reality and discuss the hierarchy of our values.

1984 ◽  
Vol 13 (1) ◽  
pp. 75-84 ◽  
Author(s):  
H. David Kirk ◽  
Susan A. Mcdaniel

AbstractThis paper has two purposes. First, to explore what existing adoption legislation may indicate about the meaning and function of adoption practices in North America and Great Britain. Second, to consider some possible policy implications revealed by clearer understanding of the social meaning of existing adoption laws. The first part of the paper summarizes briefly the history of legal adoption. The second examines what is explicitly and implicitly revealed by adoption law and policies about the social purposes of adoption and about prevailing social values concerning the family. The third part examines possible avenues of policy change in North America.


Author(s):  
Erik Gray

Love begets poetry; poetry begets love. These two propositions have seemed evident to thinkers and poets across the Western literary tradition. Plato writes that “anyone that love touches instantly becomes a poet.” And even today, when poetry has largely disappeared from the mainstream of popular culture, it retains its romantic associations. But why should this be so—what are the connections between poetry and erotic love that lead us to associate them so strongly with one another? An examination of different theories of both love and poetry across the centuries reveals that the connection between them is not merely an accident of cultural history—the result of our having grown up hearing, or hearing about, love poetry—but something more intrinsic. Even as definitions of them have changed, the two phenomena have consistently been described in parallel terms. Love is characterized by paradox. Above all, it is both necessarily public, because interpersonal, and intensely private; hence it both requires expression and resists it. In poetry, especially lyric poetry, which features its own characteristic paradoxes and silences, love finds a natural outlet. This study considers both the theories and the love poems themselves, bringing together a wide range of examples from different eras in order to examine the major structures that love and poetry share. It does not aim to be a comprehensive history of Western love poetry, but an investigation into the meaning and function of recurrent tropes, forms, and images employed by poets to express and describe erotic love.


1966 ◽  
Vol 25 (2) ◽  
pp. 229-240 ◽  
Author(s):  
R. S. Khare

Indian philosophical thought has always attempted to deal with opposite or binary values. However, when faced with contradictions, social scientists try to analyze the form, meaning and function of opposed values in real social situations. The problem of opposed values becomes difficult and anomalous when the culture, at different levels, not only permits oppositions, but simultaneously sanctions them. The data on meat-eating among the Kanya-Kubja brahmans of Katyayan gotra (primarily an exogamous group composed of several lineages) present this type of problem to the social anthropologist.


1995 ◽  
Vol 11 (4) ◽  
pp. 213-243 ◽  
Author(s):  
Joseph L. Albini ◽  
R.E. Rogers ◽  
Victor Shabalin ◽  
Valery Kutushev ◽  
Vladimir Moiseev ◽  
...  

In analyzing Russian organized crime, the authors describe and classify the four major forms of organized crime: 1) political-social, 2) mercenary, 3) in-group, and 4) syndicated. Though the first three classifications of the aforementioned types of organized crime existed throughout Soviet history, it was the syndicated form that began to emerge in the late 1950's, expanding during the corrupt Breznev years (1964–82), exploding during perestroika, and reaching pandemic levels after the demise of the Soviet Union in 1991. The abrupt transformation of the Russian society from a centralized command economy to one driven by the forces of market capitalism created the socio-pathological conditions for the malignant spread of mercenary and especially syndicated organized crime. New criminals syndicates were created by an alliance of criminal gangs/groups and former members of the Soviet Union's communist nomenklatura (bureaucracy) and the consequence was the criminalization of much of the Russian economy. The social structure of these syndicates is based on a loose association of patron-client relationships rather than a centralized hierarchical system; their function is to provide illicit goods/services desired by the people. The authors conclude their study by emphasizing that what has taken place in Russia is not peculiar to the Russian people, but exemplifies what can happen to societies that experience rapid and intense social change.


Author(s):  
Steven A. Barnes

This chapter first sets out the book's purpose, namely to explore the role played by the Gulag in the Soviet polity. It provides a close study of the camps and exiles in the Karaganda region of Kazakhstan along with a general reconsideration of the scope, meaning, and function of the Gulag in Joseph Stalin's Soviet Union. Focusing on Karaganda offers a number of benefits to an examination of the history of the Gulag. First, a concentrated look at a single locality allows for a study of the massive phenomenon of the Gulag without giving up the chronological breadth that is important to understanding shifts in its operations through the period (approximately 1930–57) when it was at its height. Second, exploring the Gulag at the local level reveals the operation of the system at the very point of contact between Soviet authority and its detained subjects. The chapter then describes the sources upon which the book is based, followed by an overview of the subsequent chapters.


2019 ◽  
Vol 93 (4) ◽  
pp. 697-699
Author(s):  
Susie J. Pak

William J. Novak's engaging historiography is at once a recovery project and a prolegomenon to a revised history of political economy. His article chronicles the achievements of Progressive Era institutional economists and critiques the way they have been obscured by the shadow of the Chicago School of economics. Why do the Progressives deserve to be recovered and remembered? According to Novak, it is because they “underwrote one of the more fundamental governmental revolutions in modern times” and created the foundations for the “social control of business” (pp. 676, 672).


Heritage ◽  
2020 ◽  
Vol 3 (3) ◽  
pp. 587-605
Author(s):  
Jennifer A. Loughmiller-Cardinal ◽  
J. Scott Cardinal

Archaeologists have likely collected, as a conservative estimate, billions of artifacts over the course of the history of fieldwork. We have classified chronologies and typologies of these, based on various formal and physical characteristics or ethno-historically known analogues, to give structure to our interpretations of the people that used them. The simple truth, nonetheless, is that we do not actually know how they were used or their intended purpose. We only make inferences—i.e., educated guesses based on the available evidence as we understand it—regarding their functions in the past and the historical behaviors they reflect. Since those inferences are so fundamental to the interpretations of archaeological materials, and the archaeological project as a whole, the way we understand materiality can significantly bias the stories we construct of the past. Recent work demonstrated seemingly contradictory evidence between attributed purpose or function versus confirmed use, however, which suggested that a basic premise of those inferences did not empirically hold to be true. In each case, the apparent contradiction was resolved by reassessing what use, purpose, and function truly mean and whether certain long-established functional categories of artifacts were in fact classifying by function. The resulting triangulation, presented here, narrows the scope on such implicit biases by addressing both empirical and conceptual aspects of artifacts. In anchoring each aspect of evaluation to an empirical body of data, we back ourselves away from our assumptions and interpretations so as to let the artifacts speak for themselves.


Sign in / Sign up

Export Citation Format

Share Document