scholarly journals ON THE AUTHORITY OF TRANSNATIONAL LAW

2021 ◽  
Vol 23 (1) ◽  
Author(s):  
Márcio Ricardo Staffen
Keyword(s):  
Inductive Method ◽  
Transnational Law ◽  
Globalization Of Law ◽  
Power And Authority

This research aims to evaluate the contours of the Authority of Transnational Law and its consequences from the globalization of law. At the time when the norm is a source for constitution and legitimacy of power, power is a source for the production and application of the norm. To this end, this text presents the interfaces of the classic precepts of categories such as legitimacy, territory, power and authority related to state normative production, in contrast to national and transnational demands. It was concluded that the Authority that presents itself to Transnational Law influences national Law from the outside, so that the basis of the authority’s support is not based on economic precepts, but on institutional and normative responsiveness to the emerging demands and pretensions. For the development of this research, the inductive method was used, operationalized by the techniques of operational concepts and bibliographic research. 

scholarly journals RACISMO E O DIREITO TRANSNACIONAL: A SIGNIFICAÇÃO DO SER NEGRO NO TEMPO E NOS ESPAÇOS PELOS QUAIS SE DESLOCA

2021 ◽  
pp. 21-38
Author(s):  
Daíra Andréa De Jesus ◽  
Carla Piffer
Keyword(s):  
Racial Discrimination ◽  
Inductive Method ◽  
Transnational Law ◽  
Normative Systems ◽  
General Goals ◽  
Operational Concept

O presente estudo trata do panorama transnacional do racismo, cuja publicização das ofensas é impulsionada pela globalização, restando escancaradas as dificuldades sofridas pelo “ser negro”, as quais se perpetuam no tempo e nos espaços pelos quais se desloca. Estruturado no método indutivo com a adoção da técnica do conceito operacional e da pesquisa bibliográfica, seu objetivo geral é categorizar o Direito Transnacional como rico instrumento de política antirracista, na medida em que visa a proteção do homem. Como objetivos específicos, se busca evidenciar o que é racismo e os fatos históricos e migratórios que lhe sustentam; apresentar o contexto transnacional da discriminação racial; e denunciar a ineficiência estatal, por meio dos tradicionais sistemas normativos internos, no combate ao racismo. Ao final, observar-se-á, que a discriminação racial desferida em face dos migrantes e nacionais, conforme meras características físicas, pode e merece ser enfrentada com os sólidos arcabouços afetos ao Direito Transnacional. Palavras-Chave: Direito Transnacional. Globalização. Migrações. Racismo. Ser negro. Abstract: The current study is about the transnational racism panorama, which the offense publicity is driven by globalization, remaining wide open difficulties suffered about “being black”, which perpetuated in time and spaces through it moves. Structured in the inductive method with the adoption of operational concept technique in the bibliographic, what general goals are to categorize Transnational Law as rich anti-racist political instrument, in a measure that considers protection of men. As specifics goals, its search the evidence in what is racism and the historical facts that sustains; to present the transnational context of racial discrimination; the States inefficiency, through their traditional normative systems in combating racism. By the end, it will be observed that racial discriminations in migrants and nationals, according to few physical characterizes, can and deserves to be seen structures of solid affect frameworks of Transnational Law. Keywords: Transnational Law. Globalization. Migrations. Racism. Being black.

scholarly journals World Health Organization guidelines, the COVID-19 pandemic, and transnational law

2020 ◽  
Vol 6 (2) ◽  
pp. 77-87
Author(s):  
Paulo Márcio Cruz ◽  
Carla Piffer
Keyword(s):  
Public Health ◽  
Member State ◽  
World Health Organisation ◽  
Legal Framework ◽  
World Health ◽  
Inductive Method ◽  
Transnational Law ◽  
The World ◽  
And Performance ◽  
Health Organization

The reflections within this paper discuss the importance of transnational law, following the onset of the COVID-19 pandemic. In addition, considerations are made about the transnational law produced by the World Health Organisation (“WHO”) against COVID-19. Also, an analysis will be made of the central categories and their relationship with the prefix “trans” and transnational law. Subsequently, the WHO as an entity is discussed along with its emergence and performance in the elaboration of a transnational legal framework, which is to be considered when internalising its guidelines by each Member State. In the context of final considerations, it is emphasised that, in addition to the importance that should be attributed to transnational law, the work of WHO, as a transnational actor, practices materialised acts such as transnational law, both in terms of guidance and in connection with public health matters. The methodology used was based on the inductive method, using the bibliographic research.

Deconstructive Analysis Of The Short Story “Saleema” By Daniyal Mueenuddin

2018 ◽  
Vol 1 (1) ◽  
pp. 106-125
Author(s):  
Omama Tanvir ◽  
Nazish Amir
Keyword(s):  
Short Story ◽  
Power Dynamics ◽  
Male Character ◽  
Binary Oppositions ◽  
Power And Authority

The aim of this research is to apply deconstructive approach to a short story. For this purpose Daniyal Mueenuddin’s short story “Saleema” is selected and analyzed. Through deconstruction the feminist reading of the story is dismantled and the power dynamics of the patriarchal Pakistani society are subverted. The research is anchored in Derrida’s concept of unreliability of language and Cuddon’s idea of reversal of binary oppositions. The paper finds that the protagonist Saleema is not as weak and oppressed as she is perceived to be, rather she is a resilient, independent woman who uses any means possible to get what she wants. The power and authority reside with her and not with any male character. The study is purely qualitative and exploratory in nature.

Deconstructive Analysis Of The Short Story “Saleema” By Daniyal Mueenuddin

2017 ◽  
Keyword(s):  
Short Story ◽  
Power Dynamics ◽  
Male Character ◽  
Binary Oppositions ◽  
Power And Authority

The aim of this research is to apply a deconstructive approach to a short story. For this purpose, Daniyal Mueenuddin’s short story “Saleema” is selected and analyzed. Through deconstruction, the feminist reading of the story is dismantled and the power dynamics of the patriarchal Pakistani society are subverted. The research is anchored in Derrida’s concept of the unreliability of language and Cuddon’s idea of reversal of binary oppositions. The paper finds that the protagonist Saleema is not as weak and oppressed as she is perceived to be, rather she is a resilient, independent woman who uses any means possible to get what she wants. The power and authority reside with her and not with any male character. The study is purely qualitative and exploratory in nature. Keywords: Deconstruction, Post-structuralism, Feminism, Daniyal Mueenuddin, In Other Rooms, Other Wonders, Saleema

Conclusion: Revolutions, Settlements and Scotland’s Political Development

2018 ◽  
Author(s):  
Alasdair Raffe
Keyword(s):  
Seventeenth Century ◽  
Local Government ◽  
Political Development ◽  
Religious Dissent ◽  
Central Direction ◽  
Established Church ◽  
Power And Authority ◽  
The Revolution

THE REVOLUTION SETTLEMENT OF 1689–90 repudiated many of the principles and policies of royal government in the Restoration period. But while their responses were different, James VII and the makers of the settlement sought solutions to the same fundamental problems. By studying the upheavals of the 1685–90 period, we have focused on two sets of challenges confronting the rulers of seventeenth-century Scotland. The first concerned the character of the established Church. How was it to be constituted and what was the appropriate role for the monarch in its government? How should the civil magistrate deal with religious dissent? A second cluster of problems involved the crown’s power and authority. Was the king ‘absolute’ and what did this mean in practice? To what extent was local government in Scotland autonomous, and how far was it amenable to central direction?...

Ḥadith ‘Āishah fī Man’i al-Nisā’ Min al-Masājid; Niqāsh ‘Ulamā’ Bangladesh Ḥaulahu

2020 ◽  
Vol 9 (1) ◽  
pp. 97-115
Author(s):  
Syed Mahmudul Hasan
Keyword(s):  
Analytical Method ◽  
Inductive Method ◽  
The Common ◽  
The Difference ◽  
Common Situation

The Narration of Aisyah (May Allah be pleased with her), is the main focus of the controversy among Bangladeshi scholars on the issue of women's prayer in the mosque. The reason for the dispute is that a group of them issued the ruling based on the phenomenon of the text, and the others explained the ruling of Hadith according to the common situation in the society. If the circumstances change, the ruling will change along with it, because the originality of the issue is permissible, that is proven from other texts. This research adopts an inductive method to survey the Prophetic hadiths that talk about the prayer of women in the Mosque in terms of permissibility and prohibition and analytical method to analyze the difference in opinion of Bangladeshi scholars related to this issue. The research finds that the ruling of Shari’ah is a process that is continuous and permanent. But in necessity and emergency, it has the notion of flexibility and explanation. In the issue of women’s presence in the mosque, they should be allowed if they abide by the suggestions of Prophet (s) and should not if they don’t. So, Prohibition is not from the prophet (s), but it is from their obedience to the ruling.

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