Showing what “marriage” is: Law’s civilizing sign

Semiotica ◽  
2016 ◽  
Vol 2016 (209) ◽  
pp. 249-275
Author(s):  
Soo Meng Jude Chua
Keyword(s):  
Common Good ◽  
Distinct Difference ◽  
Same Sex ◽  
Life World ◽  
Men And Women ◽  
Family Unit ◽  
The Core ◽  
The Social ◽  
The Common ◽  
The Law

AbstractIn “What is Marriage?” (2010), Girgis et al. explain how the legal redefinition of the traditional meaning of marriage would erode not only the institution, but also the common good. More importantly, they argue that there are principled reasons why the law should distinguish conjugal and revisionist conceptions of unions and retain the conjugal meaning of “marriage.” However their arguments I argue are problematic. Retrieving their insights, I develop a different argument on behalf of their case. By examining phenomenologically the dynamism of the life-world of relationships under the “conjugal” and the “revisionist” conceptions of marriage, rather than the physics of coitus and same sex activity, I argue that there is a distinct difference between the two types of unions. Also, conjugal unions matures us so that we can become other-caring persons, with civilizing effects that trickle outwards into the community from the core of a conjugal family unit. I conclude that the law should retain the traditional meaning of “marriage” to include only conjugal unions, in order to point to these instead of others, with the social and civilizing benefits these unions entail when young men and women aspire to and attain these.

scholarly journals Relevansi Penerapan ‘Iddah di Era Teknologi Modern

2018 ◽  
Vol 10 (1) ◽  
pp. 121-142
Author(s):  
Nurnazli Nurnazli
Keyword(s):  
Common Good ◽  
Science And Technology ◽  
Men And Women ◽  
The Common Good ◽  
Marriage Ceremony ◽  
The Common ◽  
The Law ◽  
Higher Purpose

The development of science and technology today is not a reason to remove the provisions about ‘iddah that has been set in the Qur'an and Sunnah. 'Illat law and the purpose of enactment of ‘iddah which has been discussed needs to be reviewed. ‘iddah not only to know the empty uterus of the fetus, self-introspection, condition and period of mourning, but there is a higher purpose, that is belief in Allah and honor the noble covenant at the marriage ceremony. The noble agreement is realized in the ijâb and qabûl between men and women guardians. Consequently, if the marriage breaks up either because of death or divorce, both sides must respect the agreement. They must be equally restricted with the ‘iddah way until the time set by Syar'i, especially for women whose existence is more glorified and also the aim of the law' ‘iddah is for the common good.

scholarly journals A terra como bem-comum na memória do Direito brasileiro

2018 ◽  
Vol 42 (1) ◽  
pp. 11-31
Author(s):  
Sandra Regina Martini ◽  
Vanessa Chiari Gonçalves ◽  
Bárbara Bruna de Oliveira Simões
Keyword(s):  
Social Movements ◽  
Common Good ◽  
Political Systems ◽  
The Common Good ◽  
The Social ◽  
The Common ◽  
The Law ◽  
The Right

 O artigo trata da terra,  memória e direito com o objetivo de reconsiderar a terra como bem comum da humanidade, as referências jurídico políticas e sociais utilizadas são as brasileiras até a década de 80, pois entendemos que a nova Constituição embora apresente avanços significativos, não é suficiente para enfrentar a complexidade do direito ao bem comum terra. O direito precisa retomar a memória para cumprir sua função de evitar e compor conflitos, ou seja, o direito tem uma função preventiva, deve operar prevenindo e compondo conflitos advindos das mais diversas instâncias, em especial, neste artigo, dos Movimentos Sociais, sem os quais não é possível pensar na terra como bem da comunidade, pois são os movimentos sociais que trazem para o cenário jurídico-político a conflitualidade da sociedade, por isso são sistemas autoreferenciais de comunicação, que se inserem nos sistemas jurídico e político como reação da própria sociedade diferenciada funcionalmente. Assim, constrói-se a ideia de terra como um bem comum da humanidade, passando pela cooperação entre o local e o global. Abstract The article deals with land, memory and law with the objective of reconsidering land as a common good of humanity, the legal and political references used are Brazilian until the 1980s, since we understand that the new Constitution does is sufficient to face the complexity of the right to the common good land. The law needs to retake the memory to fulfill its function of avoiding and composing conflicts, that is, the right has a preventive function, it must operate preventing and composing conflicts arising from the most diverse instances, especially in this article of the Social Movements, without which it is not possible to think of the land as a community good, because it is the social movements that bring to the juridical-political scenario the conflict of the society, for that reason they are self-referential systems of communication, that are inserted in the legal and political systems as a reaction of the own society functionally differentiated. Thus, the idea of land is constructed as a common good of humanity, through the cooperation between local and global.  

What Theology Should and Should Not Learn from the Social Sciences About the Common Good

2017 ◽  
Author(s):  
Mary L. Hirschfeld
Keyword(s):  
Social Sciences ◽  
Common Good ◽  
Human Life ◽  
Social Thought ◽  
Extensive Literature ◽  
Human Flourishing ◽  
Catholic Social Thought ◽  
The Common Good ◽  
The Social ◽  
The Common

There are two ways to answer the question, What can Catholic social thought learn from the social sciences about the common good? A more modern form of Catholic social thought, which primarily thinks of the common good in terms of the equitable distribution of goods like health, education, and opportunity, could benefit from the extensive literature in public policy, economics, and political science, which study the role of institutions and policies in generating desirable social outcomes. A second approach, rooted in pre-Machiavellian Catholic thought, would expand on this modern notion to include concerns about the way the culture shapes our understanding of what genuine human flourishing entails. On that account, the social sciences offer a valuable description of human life; but because they underestimate how human behavior is shaped by institutions, policies, and the discourse of social science itself, their insights need to be treated with caution.

Voices of Spectators and Audience Power

Pólemos ◽  
2015 ◽  
Vol 9 (2) ◽  
Author(s):  
Christian Biet
Keyword(s):  
Social Relationship ◽  
The Other ◽  
Long Period ◽  
The Social ◽  
The Common ◽  
Dramatic Action ◽  
The Law ◽  
The Voice ◽  
The Way

AbstractTheatre and law are not so different. Generally, researchers work on the art of theatre, the rhetoric of the actors, or the dramaturgy built from law cases or from the questions that the law does not completely resolve. Trials, tragedies, even comedies are close: everybody can see the interpenetration of them on stage and in the courts. We know that, and we know that the dramas are made with/from/of law, we know that the art the actors are developing is not so far from the art of the lawyers, and conversely. In this paper, I would like to have a look at the action of the audience, at the session itself and at the way the spectators are here to evaluate and judge not only the dramatic action, not only the art of the actors, not only the text of the author, but also the other spectators, and themselves too. In particular, I will focus on the “common judgment” of the audience and on its judicial, aesthetic and social relationship. The spectators have been undisciplined, noisy, unruled, during such a long period that theatre still retains some prints of this behaviour, even if nowadays, the social and aesthetic rule is to be silent. But uncertainty, inattention, distraction, contradiction, heterogeneity are the notions which characterise the session, and the judgments of the spectators still depend on them. So, what was and what is the voice of the audience? And with what sort of voice do spectators give their judgments?

scholarly journals Transparency in corporate governance: Extent of directors duty to declare interest in company’s transactions

2015 ◽  
Vol 11 (1) ◽  
pp. 137-148 ◽  
Author(s):  
Anthony O. Nwafor
Keyword(s):  
South Africa ◽  
Corporate Governance ◽  
United Kingdom ◽  
Comparative Analysis ◽  
Common Law ◽  
Men And Women ◽  
Legal Personality ◽  
The Common ◽  
The Law ◽  
Important Position

The realization that the directors occupy important position in corporate governance, and as business men and women, cannot be prevented from having dealings with the company, demand a close scrutiny of corporate transactions in which they are directly or indirectly involved or have an interest to ensure that such interest is not placed above their duty to the company. One of the ways in which the law strives to achieve this balance is by imposing a duty on the director to disclose to the board any interest he has in company’s transactions. This requirement which was previously governed by the common law and the company’s articles, is presently increasingly finding a place in companies statutes in different jurisdictions. The paper examines, through a comparative analysis, the provisions on the duty of the director to disclose interest in company’s transactions in South Africa and United Kingdom with the aim of discovering the extent to which the statute in both jurisdictions upholds the common law prescriptions. The paper argues that the need for transparency in corporate governance and the preservation of the distinct legal personality of the company demand that the duty to disclose interest should be upheld even in those cases of companies run by a sole director.

scholarly journals KHALWAT DALAM PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF

2019 ◽  
Vol 10 (2) ◽  
pp. 109-121
Author(s):  
Bukhari Bukhari
Keyword(s):  
Everyday Life ◽  
Common Good ◽  
Female Side ◽  
The Common Good ◽  
Bargaining Position ◽  
The Common ◽  
The Law

The existence of a man and woman who have no kinship so that it is lawful to marry her, in a lonely place without being ac companied by a mahram of the male or female side. This khalwat is a crime that is not subject to hudud punishment and kafarah punishment. This form of khalwat crime is included in the category of ta'zir finger whose number of punishment is not limited. In the Qur'an and Sunnah this khalwat act is highly reproached, but not clearly regulated in the Qur'an and Sunnah. So this act can be entered into the ta'zir group. All deeds that should (need) be forbidden to fulfill the common good (community). This prohibition must necessarily be made on the basis of community agreement / consensus in ways that are considered eligible. In North Aceh, the khalwat actors who are close to the power are hard to touch with the law, it is not surprising to all of us to remember that the law in this country is not yet the commander but the law is merely a bargaining position in everyday life.

scholarly journals CREACIÓN Y DESTRUCCIÓN DE CAPITAL SOCIAL COMUNITARIO EN EL MOVIMIENTO DE TRABAJADORES DESOCUPADOS DE SOLANO-ARGENTINA

2010 ◽  
Vol 5 (9) ◽  
pp. 97 ◽  
Author(s):  
Ignacio García
Keyword(s):  
Social Capital ◽  
Common Good ◽  
Shared Responsibility ◽  
Community Identity ◽  
Capital Social ◽  
Redes Sociales ◽  
The Social ◽  
The Common ◽  
Fundamental Values ◽  
Efficient Mechanisms

El presente artículo tiene como objetivo analizar la construcción, sustentabilidad y usos del capital social comunitario en un movimiento social argentino que plantea la horizontalidad y la autonomía como valores fundamentales de organización social. A través del análisis de la dinámica de tres tipos de capital social —unión, puente, y nexo—, se observa que el movimiento en cuestión consigue crear rápidamente capital social comunitario y una identidad común diferenciadora. Sin embargo, el capital social rápidamente construido no logra sustentarse en el tiempo, debido a la incapacidad de sus integrantes en generar mecanismos descentralizados y eficientes de monitoreo mutuo, responsabilidad compartida y penalización moral que protejan el bien común y refuercen la identidad comunitaria a través de redes sociales densas.   ABSTRACTThe objective of this article is to analyze the construction, sustainability and uses of community social capital in a social movement in Argentina that identifies horizontality and autonomy as fundamental values of social organization. By analyzing the dynamics of three types of social capital —bonding, bridging and linking— we can observe that the movement studied here is able to rapidly create community social capital and  differentiating common identity. Nevertheless, the social capital rapidly constructed is not sustained over time, because the movement’s members are unable to generate decentralized, efficient mechanisms for mutual monitoring, shared responsibility and moral penalization that will protect the common good and strengthen community identity through dense social networks.

The Origins of “Social Justice” in the Natural Law Philosophy of Antonio Rosmini

2018 ◽  
Vol 80 (1) ◽  
pp. 3-29 ◽  
Author(s):  
Robert P. Kraynak
Keyword(s):  
Social Justice ◽  
Natural Law ◽  
Common Good ◽  
Social Teaching ◽  
Equal Rights ◽  
Theory Of Justice ◽  
Social Nature ◽  
The Social ◽  
Natural Law Theory ◽  
The Common

Abstract“Social justice” is a powerful idea today, but its origins and meaning are unclear. One of the first to use the term was Antonio Rosmini, author of The Constitution under Social Justice (1848) and other works of moral philosophy. I argue that Rosmini arrived at his idea of social justice by developing Thomistic natural law theory into a novel view of the common good that balances two principles: (1) the equal rights and dignity of persons as ends-in-themselves, a version of “personalism” influenced by Kant and Christianity; and (2) unequal rewards for those who contribute most to society, a version of Aristotelian “proportionalism” based on the social nature of man. I conclude by comparing Rosmini's idea of social justice to John Rawls's “theory of justice” and Catholic social teaching.

scholarly journals Dobro wspólne okiem socjologa — kilka uwag porządkujących

2017 ◽  
Vol 61 (4) ◽  
pp. 49-63
Author(s):  
Bartosz Mika
Keyword(s):  
Common Good ◽  
Social Good ◽  
The Common Good ◽  
Collective Ownership ◽  
The Third ◽  
Contemporary Sociology ◽  
The Social ◽  
The Common

This text can be defined as an attempt to look at the question of the common good through sociological glasses. The author suggests that many of the issues subsumed under  the term “the common good” have already been elucidated and described in detail on the basis of classical and contemporary sociology. If it is assumed that the common good can be understood triply, as (1) a postulate of the social good, (2) materially, as an object of collective ownership, and (3) as an effect of the individual’s life in society, then it must be admitted that, at least in the third case, reference to the collected achievements of sociology is necessary in order to describe the common good properly.

A peptide derived from GAPDH enhances resistance to DNA damage in budding yeast

2021 ◽  
Author(s):  
Xi Zhao ◽  
Xianqiang Lian ◽  
Yan Liu ◽  
Liyan Zhou ◽  
Bian Wu ◽  
...  
Keyword(s):  
Dna Damage ◽  
Common Good ◽  
Budding Yeast ◽  
Social Activity ◽  
Social Behaviors ◽  
Research Field ◽  
Yeast Cells ◽  
The Social ◽  
The Common ◽  
Established Role

Social behaviors do not only exist in higher organisms but are also present in microbes that interact for the common good. Here, we report that budding yeast cells interact with their neighboring cells after exposure to DNA damage. Yeast cells irradiated with DNA-damaging ultraviolet light secrete signal peptides that can increase the survival of yeast cells exposed to DNA-damaging stress. The secreted peptide is derived from glyceraldehyde-3-phosphate dehydrogenase (GAPDH), and it induced cell death of a fraction of yeast cells in the group. The data suggest that the GAPDH-derived peptide serves in budding yeast’s social interaction in response to DNA-damaging stress. Importance Many studies have shown that microorganisms, including bacteria and yeast, display increased tolerance to stress after exposure to the same stressor. However, the mechanism remains unknown. In this manuscript, we report a striking finding that S. cerevisiae cells respond to DNA damage by secreting a peptide that facilitates resistance to DNA-damaging stress. Although it has been shown that GAPDH possesses many key functions in cells aside from its well-established role in glycolysis, this study demonstrated that GAPDH is also involved in the social behaviors response to DNA-damaging stress. The study opens the gate to an interesting research field about microbial social activity for adaptation to a harsh environment.

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