Reintegrating the Legal into the Social: Reviving Islamic Transactional Law in the Context of the Civil Economy, with Special Reference to Waqf

2018 ◽  
Vol 11 (1) ◽  
pp. 209-250
Author(s):  
Adi Setia
Keyword(s):  
Special Reference ◽  
Development Process ◽  
Legal Framework ◽  
Economic Equilibrium ◽  
Functional Connections ◽  
The Social ◽  
Civil Economy ◽  
Legal Strategies

Abstract The potentialities and role of Islamic transactional law (ITL) and its underpinning axio-teleological concepts are explored in the cause of reclaiming the development process. In the Islamic scheme of values, the economic enterprise is premised on the organization of livelihood for sufficiency rather than perpetual growth so as to ensure overall socio-economic equilibrium. In this respect, there are discernibly close conceptual, structural and functional connections between the socio-economic objectives of ITL and those of the civil economy (CE). By making intelligent use of these substantive connections between ITL and CE, one can then devise effective legal strategies to substantively revive the former by taking strategic advantage of the already existing legal framework governing the latter. Thus, alient aspects of ITL are discussed in terms of invisible structures serving as formal, socio-legal means toward organizing socio-economic sufficiency, with special reference to the institution of waqf (charitable endowment) as a case in point.

Anorexia Nervosa in a Black Zimbabwean

1984 ◽  
Vol 145 (3) ◽  
pp. 326-330 ◽  
Author(s):  
T. Buchan ◽  
L. D. Gregory
Keyword(s):  
Anorexia Nervosa ◽  
Special Reference ◽  
Diagnostic Criteria ◽  
Traditional Healer ◽  
Clinical Symptoms ◽  
The Social ◽  
Speculative Hypothesis ◽  
African Patients

SummaryIn spite of the comparative rarity of anorexia nervosa in African patients, the case of a young black Zimbabwean woman which fulfils Feighner's diagnostic criteria is presented. Special reference is made to several unusual features which include the social and psychological conflicts engendered by changes of culture, the clinical symptoms, and the role of a traditional healer in her recovery. A speculative hypothesis concerning aetiology is suggested.

scholarly journals Role of the Ombudsman for Children in Protection of the Rights of Children Who Raising in Adoptive Families

2019 ◽  
Vol 9 (3) ◽  
pp. 310-319
Author(s):  
O. N. Tuzova ◽  
D. N. Stepanova
Keyword(s):  
Focal Point ◽  
Legal Framework ◽  
Psychological Needs ◽  
Educational Organizations ◽  
Adoptive Families ◽  
Related Form ◽  
Rights Of The Child ◽  
The Social ◽  
The Russian Federation

The topic of the article is interdisciplinary. The practice of psychological and pedagogical support for children raised in guardianship families shows the need for psychological and legal assistance. The aim is to develop proposals for the organization of a legal and regulatory framework in accordance with the social and psychological needs of guardianship families and to identify the possibilities of the Ombudsman for the Rights of the Child to protect the rights of minors raised in guardianship families. The article identifies the current problems of guardianship families and considers the existing legal framework for the protection of the rights of minors raised in families with a related form of guardianship. One of the main problems of psychological and pedagogical support for children raised in families with a related form of guardianship is the absence of a coordinating center for the organization of cooperation between educational organizations, guardianship bodies, centers for psychological, pedagogical, medical, and social assistance. The Ombudsman for the Rights of the Child may be the focal point. It is also proposed to establish, based on the offices of the Ombudsmen for the Rights of the Child, centers for the support of guardianship families in the constituent entities of the Russian Federation, to which both guardians and children can apply. These measures are aimed at preventing secondary orphans.

scholarly journals The Role of Participation in the Responsible Innovation Framework for Biofuels Projects: Can It Be Assessed?

2020 ◽  
Vol 12 (24) ◽  
pp. 10581 ◽  
Author(s):  
Andreia Marques Postal ◽  
Gabriela Benatti ◽  
Mar Palmeros Parada ◽  
Lotte Asveld ◽  
Patrícia Osseweijer ◽  
...  
Keyword(s):  
Development Process ◽  
Responsible Innovation ◽  
Structural Element ◽  
Innovation Development ◽  
Research And Innovation ◽  
The Social ◽  
The Impact ◽  
Responsible Research ◽  
Social And Environmental Impacts

The growth in biofuels’ investment brings with it concerns about the social and environmental impacts of the sector. Several tools and frameworks have been used to address these concerns, including the Responsible Research and Innovation (RRI) framework. This paper analyzes whether this framework can be applied in contexts where local culture and values shape differently the freedom of speech and engagement, such as in developing countries in which biofuel innovation projects are often implemented. A literature review focused on eight case studies of other authors was used to explore the role of “participation” as a structural element of the RRI framework and the impact of its absence where effective participation in the innovation development process is not possible. In conclusion, we highlight how this inspirational normative framework, designed to influence innovation, is misused to judge its impacts. More than that, the conclusions of such misused applications reflect more the difficulties involved in applying guidelines than the responsible character of the innovation, whose impacts are usually defined upfront materially and measurably.

scholarly journals Role of the institutions of provincial government in resolving social problems of the population of the Belarusian provinces (1861–1914)

2020 ◽  
Vol 65 (3) ◽  
pp. 307-317
Author(s):  
N. S. Motorova
Keyword(s):  
Health Care ◽  
Social Policy ◽  
Social Problems ◽  
Legal Framework ◽  
Local Economy ◽  
Provincial Government ◽  
Economic Conditions ◽  
The Social ◽  
Xix Century

The article describes the structure and powers of the provincial government in the implementation of the main directions of state social policy. It was noted that on theterritoryofBelarusthey played a major role in solving the social problems of the population due to the lack of zemstvos. The outdated legal framework and the lack of a clear division of functions hampered their effectiveness.In the mid 1880s regulatory committees were established in the structure of the provincial institutions. On the territory of the Belarusian provinces they played an important role in the implementation of social policy, as they controlled the financing of the rural­medical part and partly public charity. However, the experience of the activities of the regulatory committees was unsatisfactory. In this regard, at the end of the XIX century the Interior Ministry proposed to eliminate them, as well as to abolish the provincial food commissions and departments of public charity. It was planned to transfer their functions to the zemstvos. This proposal was implemented partially, as a result of the introduction of the institutions of local economy in theVitebsk,MinskandMogilevprovinces in 1903.At the end of the XIX century in the structure of the provincial administration ofBelaruswere created the offices which were entrusted with the functions of monitoring compliance with the workers’ legislation, and then the insurance of workers. They were formed under the influence of new social demands. These offices corresponded to new social and economic conditions, in contrast to the provincial institutions, which managed public charity, national food and health care.

scholarly journals Role of Social Media in Election Campaigning in India with Special Reference to Assam

2020 ◽  
Vol 7 (3) ◽  
pp. p1
Author(s):  
Rantu Sarmah ◽  
Dr. Niranjan Mohapatra
Keyword(s):  
Social Media ◽  
Political Parties ◽  
Special Reference ◽  
United States Of America ◽  
The Political ◽  
Political Leaders ◽  
Political Communications ◽  
The Social ◽  
General Meaning

This is an attempt to find out the role of social media in election campaigning in India with special reference to Assam. Democratic countries like United States of America, India the social media has become an integral part for political communications during election campaigning. This new way of campaigning during election plays an important role to attract voters. Social media has given a new platform such as Facebook, Twitter, Google+, Whatsapp, Youtube etc. to the political parties and the voters, these are becoming an easy tool for the political leaders to interact with their voters. Social media allows candidates to share, post, comments, and their views during election and making them more direct involvement to their voters. These new tools or platforms are appeared as new area for research. Firstly to find out the term of social media, secondly, general meaning of political campaigning, thirdly, uses of social media in Indian election campaigning with reference to Assam and lastly conclusions.

Rethinking Mutiny

2021 ◽  
pp. 9-57
Author(s):  
Keith Grint
Keyword(s):  
Industrial Relations ◽  
Historical Context ◽  
Legal Framework ◽  
Military Justice ◽  
Socially Constructed ◽  
The Social ◽  
Slave Ships ◽  
Uniform Code ◽  
The Difference

This chapter begins with defining mutiny and exploring its origins. It considers the nature of military relationships across time before focusing upon the British Army Act (1955) and the American Uniform Code of Military Justice. The issues of mutiny as a collective act, and the active or passive role of those involved in mutinies, are used to illustrate the intricacies of the legal framework which then flows into using cases of mutiny on slave ships to highlight the importance of the historical context. The nature of sovereign power is then used to illustrate both the coercive control over military subordinates and the fragility of that very same coercion. This leads into the way the act of mutiny is socially constructed—in other words, what counts as ‘mutiny’ is a subjective not an objective construction. The chapter concludes with two sections, the first of which lists the ‘Refrains of Mutiny’: the patterns that recur across space and time, from the social construction of mutiny to the importance of establishing who the enemy is, the role of antecedence, the default response of the authorities, the importance of scapegoating, the omnipresence of the phenomena, the role of the heroic leader, the impact of serendipity, the relational nature of leadership, and finally the role of enthralment. The final section focuses on various explanations of mutiny, using material drawn from political revolutions and industrial relations to highlight the similarities and differences between these and mutinies, and relates such disputes to the difference between agonism and antagonism.

PP141 Legal Governance: How Does Law Circumscribe The Social Role Of Health Technology Assessment?

2017 ◽  
Vol 33 (S1) ◽  
pp. 136-137
Author(s):  
Louise Bernier ◽  
Georges-Auguste Legault ◽  
Charles-Etienne Daniel ◽  
Suzanne Kocsis Bédard ◽  
Jean-Pierre Béland ◽  
...  
Keyword(s):  
Health Technology Assessment ◽  
Technology Assessment ◽  
Social Role ◽  
Health Technology ◽  
Legal Framework ◽  
Soft Law ◽  
List Type ◽  
Hard Law ◽  
The Social

INTRODUCTION:One of the barriers of integrating ethics in Health Technology Assessment (HTA) relates to the social role of HTA (1). The aim of this study is to provide a better understanding of the way by which law circumscribes the social role of HTA. Our hypothesis: HTA's social role is embedded within a mixed governance based on hard law and soft law.METHODS:Three HTA agencies were conveniently selected for our study: Haute Autorité de santé (HAS) (France), National Institute for Health and Care Excellence (NICE) (United Kingdom) and Institut national d'excellence en santé et en services sociaux (INESSS) (Québec, Canada). Our analysis of the legal, administrative and procedural documents relating to the existence and assessment processes of these three agencies is guided by the following criteria: 1.The normative strength of the documents (categories of hard law or soft law) (2)2.The definition of the agencies’ social role (1)3.The integration of ethics in the agencies’ mandate.RESULTS:Hard law contributes to establish a general mandate and some legal legitimacy for these agencies. Soft law, grounded in the HTA producers' practices, plays a major role in the legal governance of HTA. Our results demonstrate that these agencies existing practices seem to circumscribe their social role further than their constitutive laws. In this context, social actors become responsible to define, structure and operationalize the implementation of HTA.In addition, the legal framework (hard law) through which HTA unfolds does not clearly support its structural and social role. Despite existing legal frameworks, the normative legitimacy of HTA is not entirely established, as it depends on soft law. Taken altogether, this maintains a persisting conceptual vagueness in HTA governance.CONCLUSIONS:The social role of HTA should be defined either through modifying existing legislations (hard law) or through harmonization of the agencies internal policies and regulations (soft law). Such legal initiatives would help clarify the aims of HTA evaluations: assessments (scientific) or appraisal (value-laden), and therefore give a clearer indication on how best to integrate ethics in HTA.

scholarly journals THE FINANCES OF THE CIVIL SOCIETY IN UKRAINE: KEY TRENDS, MODELS AND OBSTACLES IN ACHIEVING SUSTAINABILITY

2019 ◽  
Keyword(s):  
Civil Society ◽  
Social Entrepreneurship ◽  
Local Level ◽  
Legal Framework ◽  
Civil Society Organizations ◽  
Political Environment ◽  
Anglo Saxon ◽  
Political Role ◽  
The Social

The financial viability is one of the most important element in achieving sustainability for a civil society, especially in post-Socialist states of Eastern and Central Europe. Despite positive assessments of the role and potential of civil society in Ukraine from scholars and analysts and comparatively high score of civil society organizations’ sustainability index taking in comparative perspective for a whole region, its financial capabilities remains its weakest part during decades of Ukrainian independence. Having comparatively friendly legal and political environment and achieving some impressive results in advocacy, building coalitions and networks and enhancing its organization capabilities Ukrainian CSOs still remain dependant from international donors. Some shifts in financial resilience of civil society demands not only efforts from its side, but finding a consensus with a state on the model to achieve. Three typical models of interrelations by civil society and government, emerged in contemporary Europe are provided, they could be distinguished based on the social and political role of CSOs and their functions in public services provision. These models based on the scales of institutionalization and level of independence of civil society relatively to the authorities and include Social-democratic (Scandinavian), Liberal (Anglo-Saxon) and Corporativism (Continental) types. Ukrainian civil society, regardless achievements in organizational capacities and sectoral infrastructure, still remains in the «emerging» transitional spot due to the extremely small amount of public funds it attracts and based on uncertainty of its role on national and local level. Perspective destinations for civic-state dialogue are emphasized, among which there are finding the consensus of desired model and adopting new National Strategy of Stimulation Civil Society in Ukraine for next five years, changes in legal framework for local self-government, social entrepreneurship, taxation of charity and means earned by CSO themselves and establishing new practices and institutions for public financing of CSOs on national and regional levels.

scholarly journals Democratic Discourse in the Digital Public Sphere: Re-imagining Copyright Enforcement on Online Social Media Platforms

2021 ◽  
pp. 41-46
Author(s):  
Sunimal Mendis
Keyword(s):  
Service Providers ◽  
Legal Framework ◽  
Planning Theory ◽  
Content Sharing ◽  
Online Social Media ◽  
The Social ◽  
Social Media Platforms ◽  
Democratic Discourse ◽  
Copyright Enforcement

AbstractWithin the current European Union (EU) online copyright enforcement regime—of which Article 17 of the Copyright in the Digital Single Market Directive [2019] constitutes the seminal legal provision—the role of online content-sharing service providers (OCSSPs) is limited to ensuring that copyright owners obtain fair remuneration for content shared over their platforms (role of “content distributors”) and preventing unauthorized uses of copyright-protected content (“Internet police”). Neither role allows for a recognition of OCSSPs’ role as facilitators of democratic discourse and the duty incumbent on them to ensure that users’ freedom to engage in democratic discourse are preserved. This chapter proposes a re-imagining of the EU legal framework on online copyright enforcement—using the social planning theory of copyright law as a normative framework—to increase its fitness for preserving and promoting copyright law’s democracy-enhancing function.

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