Learning to take play seriously: Peirce, Bateson, and Huizinga on the sacrality of play

Semiotica ◽  
2016 ◽  
Vol 2016 (212) ◽  
pp. 259-276
Author(s):  
Deborah Eicher-Catt
Keyword(s):  
Social Interactions ◽  
Human Growth ◽  
Human Learning ◽  
Human Existence ◽  
Indiana University ◽  
Essential Aspect ◽  
The Absolute ◽  
The Law ◽  
Semiotic Process

AbstractThis paper contextualizes the topic of play as an essential aspect of homo ludens (Huizinga 1949, Homo ludens: A study of the play-element in culture. Abingdon: Routledge). I explore play as an abductive, semiotic process and phenomenological event according to Peirce’s categories of experience known as Firstness, Secondness, and Thirdness. We find that play is an integral aspect of human learning and, in some of its manifestations, can be linked to the sacred dimension of human existence. My method of analysis is to combine the theoretical insights of Charles S. Peirce (particularly his notion of musement as pure play) and communication theorist Gregory Bateson’s ideas about serious play in social interactions. We learn to take play seriously given that it simultaneously brings us to the threshold of both ineffability and intelligibility. We also learn something new about the sacrality of human learning as a reflection of what Peirce calls the absolute mind (2010 [1892], The law of mind. In The Peirce Edition Project (eds.), Writings of Charles S. Peirce: A chronological edition, volume 8 [1890–1892], 135–157. Bloomington, IN: Indiana University Press). I advocate that play and learning are thus sacred or integral to human growth and evolution.

scholarly journals Creation of Technical Conditions for Use or Infringement – The Meanders of the Warehouse Keeper’s Liability in Light of CJEU Judgment C-567/18 Coty Germany

2021 ◽  
Vol 52 (3) ◽  
pp. 265-282
Author(s):  
Krystyna Szczepanowska-Kozłowska
Keyword(s):  
Property Rights ◽  
Point Of View ◽  
Literal Meaning ◽  
Property Right ◽  
Third Party ◽  
Property Law ◽  
Industrial Property ◽  
The Absolute ◽  
The Law ◽  
Trademark Use

AbstractOne form of industrial property right infringement is stocking for the purpose of offering or marketing. This form of infringement appears both in EU legal acts on trademarks or designs, as well as in national regulations, including those concerning patents. What is specific to stocking when compared to other activities comprising the stipulated exclusivity of the holder of industrial property rights is the fact that the literal meaning of “stocking” does not explain whether the infringing party or the warehouse keeper is the entity that places the goods in storage. The structure of industrial property rights as absolute rights would theoretically permit the view that the law is violated by both the entity that accepts the goods for storage and the entity that places such goods in storage. To determine if there is an infringement, it must be established what the goods being stocked are further intended for. It is not without significance that the finding of an infringement of industrial property rights does not depend on fault or awareness. From the point of view of the industrial property law regime, it is difficult to find arguments against this understanding of infringement by stocking. Since the offeror of goods infringing industrial property rights may be held liable even if the goods have not yet been manufactured, it is conceivable that the entity accepting such goods for stocking is also liable. This interpretation of the concept of stocking would certainly correspond to the absolute nature of liability for infringement.In a recent judgment the CJEU confirmed that the warehouse keeper who, on behalf of a third party, stores goods which infringe trademark rights only creates the technical conditions for trademark use by this third party provided that the warehouse keeper is not aware of that infringement. The CJEU also confirmed that only the person who decides about the purpose of storing the goods can be treated as an infringer. However, the CJEU did not respond to the question regarding whether the warehouse keeper could be treated as an infringer if it pursues the aims of storing the goods at the request of the entity that put the goods into storage.

From educational work to companionship: Juxtaposing adults’ and children’s perspectives on work and play in early childhood

Childhood ◽  
2020 ◽  
pp. 090756822094713
Author(s):  
Barbara Turk Niskač
Keyword(s):  
Early Childhood ◽  
Social Interactions ◽  
Theoretical Framework ◽  
Educational Process ◽  
Ethnographic Study ◽  
Human Existence ◽  
Complex World ◽  
Educational Work ◽  
Children’S Perspectives

The paper draws on ethnographic study and goes beyond dualistic understanding of work and play to investigate the complex world of social interactions among preschoolers. While adults viewed work as an educational process through which children’s personalities are shaped in a desired way, the children perceived work as a means of social interactions. Building on the theoretical framework of sociality and intersubjectivity, the paper suggests that work, play and learning can represent complementary aspects of human existence and living.

Under and beyond the Law: Monarchy, Violence, and History in Thailand

2021 ◽  
Vol 49 (3) ◽  
pp. 311-336
Author(s):  
Tyrell Haberkorn
Keyword(s):  
The Absolute ◽  
The Law

Since the end of the absolute monarchy in Thailand on June 24, 1932, the rulers and the ruled have been locked into struggle, often violent, over what form the polity and the people’s participation in it should take. This essay examines this struggle, the imagination of justice, and the inability to consolidate democracy, or even a stable government, through the lens of the monarchy, which has remained beyond accountability. Violence committed to preserve the monarchy forecloses democracy and fosters a form of what can be called modern absolutist monarchy, when some lives are visibly placed beyond the law’s protection from violence and others are made dispensable by being made subject to repressive enforcement of the law. The emergence in 2020 of a daring challenge to the position of the monarchy beyond the law refracts both the dangers it poses to democracy and the urgency of imagining a new Thai polity.

scholarly journals Misconception on the Authority Abuse of Power in the Law Enforcement against Corruption

2017 ◽  
Vol 13 (9) ◽  
pp. 51
Author(s):  
Sadjijono Sadjijono ◽  
Bagus Teguh Santoso
Keyword(s):  
Law Enforcement ◽  
Good Governance ◽  
Government Officials ◽  
Legal Concept ◽  
Abuse Of Power ◽  
Government Administration ◽  
The Absolute ◽  
The Law ◽  
The Government ◽  
Administrative Jurisdiction

Law No. 30/ 2014 on Government Administration brings the strength and the averment on the performance of the governmental functions which include executive, legislative, and juridical in order to provide the public services (bestuurzorg). Such regulation also aims to prevent and to eliminate any kinds of the maladministration done by the government officials/organs in implementing their functions so that good governance can be realized. In implementing their function, the government should rely on the useful performance (doelmatigheid) and the effectiveness (doeltreffenhgeid) according to the norms of each authority. It is a sophism when the ‘authority’ and/or the ‘competence’ mentioned under the Law No. 30/ 2014 on Government Administration are defined differently in the letterlijk gramatikal wet without associating those terms with an understanding of bevoegheid in an administrative legal concept. An idea that distinctively defines the term ‘competence’ as a right and ‘authority’ as a power is considered as an inconsistent idea, which may cause dualism and distortion in the common law enforcement reffering to the administrative law, particularly related to the concept of the authority abuse of power mentioned under the Law No. 31/ 1999 amended by the Law No. 20/ 2001 on deeds against corruption. As the result, when the notion of ‘authority abuse of power’ is defined as a right (as mentioned in article 1, subsection 5 jo. article 17, Law No. 30/ 2014 on Government Administration), it will be characterized into the absolute competence of the administrative jurisdiction, and when the notion of ‘authority abuse of power’ is defined as a power (as mentioned in article 3, Law No. 31/ 1999 on deeds against corruption), it will be characterized into the absolute competence of the corruption-act jurisdiction. Meanwhile, implementing the government’s ‘competence’ and/or ‘authority’ is characterized into one concept based on the norms of the authority power.

scholarly journals Ethical Turn in Legal Analogy

2022 ◽  
Vol 21 ◽  
pp. 159-182
Author(s):  
Felicitas Opwis
Keyword(s):  
Human Existence ◽  
Ethical Content ◽  
The Law ◽  
Definition Of ◽  
The Relationship ◽  
Lasting Influence ◽  
The Way ◽  
Divine Law

Al-Ghazālī’s articulation that the purposes of the divine Law (maqāṣid al-sharīʿa) are to attain maṣlaḥa for the five necessary elements of human existence was not only novel but had long-lasting influence on the way Muslim jurists understood the procedure of analogy (qiyās). The correctness of the ratio legis was determinable by its consequences in bringing about maṣlaḥa. This shift was possible only by intellectual shifts in understanding the relationship between ethics and law. This paper traces the development in conceptions of ethics and its impact on the procedure of analogy in three 5th/11th century predecessors of al-Ghazālī, namely al-Baṣrī, al-Dabbūsī, and al-Juwaynī. It shows that al-Ghazālī’s definition of the purposes of the Law was developed based on previous conceptual shifts in the ratio legis from being a sign for the ruling to reflecting the ethical content of the divine injunction.

scholarly journals RUDOLF VON JHERING E A GENELOGIA DA ÉTICA: O DEVIR HISTÓRICO COMO DETERMINANTE DA PROCEDÊNCIA DO SENTIMENTO JURÍDICO * RUDOLF VON JHERING AND THE GENELOGIA ETHICS: THE BECOMING HISTORY AS DETERMINING THE ORIGIN OF THE LEGAL SENSE

2015 ◽  
Vol 4 (3) ◽  
pp. 101
Author(s):  
Henrique Garbellini Carnio
Keyword(s):  
Natural Law ◽  
Historical Development ◽  
Philosophy Of Law ◽  
Natural Laws ◽  
Em 12 ◽  
The Absolute ◽  
The Law ◽  
Legal Sense ◽  
The Way

<p><strong>Resumo:</strong> O presente artigo tem como base a conferência dada por Rudolf von Jhering em 12 de março de 1884 para a Sociedade Jurídica de Viena, intitulada "Sobre o nascimento do sentimento jurídico". O objetivo é demonstrar algumas reflexões surpreendentes e pouco conhecidas deste importante jurista, enfatizando, em especial, a importância que ele atribui ao devir histórico na formação do sentimento jurídico, apostando que o sentido do direito é modelado pela história e não proveniente das leis naturais eternas. Jhering, propondo uma tarefa genealógica, defende de forma contundente um historicismo ético e jurídico que o distancia de um relativismo absoluto como o das clássicas posições jusnaturalistas, completamente ahistóricas, que se revela extremamente interessante para as reflexões atuais sobre a filosofia do direito.</p><p><strong>Palavras-chave:</strong> Rudolf von Jhering; sentimento jurídico; historicismo ético-político.</p><p><strong>Abstract:</strong> This article is based on a lecture given by Rudolf von Jhering on March 12, 1884 for the Law Society of Vienna, entitled "About the birth of the legal feeling." The objective is to demonstrate some surprising and little-known reflections of this important jurist, emphasizing, in particular, the importance he attaches to the historical development in the formation of the legal feeling, betting that the sense of law is shaped by history and not from the eternal natural laws. Jhering proposing a genealogical task, forcefully defends an ethical and legal historicism that distances him of the absolute relativism as the way of classic natural law positions, completely ahistorical, that reveals itself highly interesting for the current reflections on the philosophy of law.</p><p><strong>Keywords:</strong> Rudolf von Jhering; legal feeling; ethical and political historicism.</p>

scholarly journals ARBITRASE SEBAGAI ALTERNATIF PENYELESAIAN SENGKETA EKONOMI SYARIAH MENURUT UNDANG-UNDANG NOMOR 30 TAHUN 1999

Asy-Syari ah ◽  
2014 ◽  
Vol 16 (2) ◽  
Author(s):  
Muhibuthabary Muhibuthabary
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Civil Religion ◽  
Arbitration Process ◽  
Islamic Jurisprudence ◽  
New Knowledge ◽  
The Absolute ◽  
The Law ◽  
Islamic Economic ◽  
Religious Courts

This paper describes the arbitration as an alternative dispute resolution in Shariah economy. Dispute resolution in general civil religion has resolved through litigation in the religious courts that refer to Article 49 of Law Number 7 of 1989 Jo. Law Number 3 of 2006 Jo. Law Number 50 of 2009 on the Religious Courts. However, there are some interesting cases, one of which is the Islamic economic disputes could be resolved through non-litigation or arbitration process, which refers to the Law No. 30 Year 1999. Now, the Shari'ah economic dispute resolution becomes the object of this study which interesting to study both theoretically and practically, not only because the case is to be part of the absolute authority of religious courts, but also becomes a new knowledge in the field of Islamic Jurisprudence

scholarly journals RELEVANSI HUKUM DAN HAK ASASI MANUSIA DENGAN AGENDA REFORMASI: DIMENSI NASIONAL DAN INTERNASIONAL

2020 ◽  
Vol 5 (2) ◽  
pp. 350
Author(s):  
Ismail Marzuki ◽  
Faridy Faridy
Keyword(s):  
Human Rights ◽  
Social Interactions ◽  
Social Order ◽  
Reform Agenda ◽  
Legal Rules ◽  
Recognition Respect ◽  
Protection Of Human Rights ◽  
The Law ◽  
The Difference ◽  
The One

In life, humans certainly cannot be separated from their social interactions with others. Friction between individuals or between nations is something that is inevitable. That is because the understanding of the legal system and culture of a different society. The difference in opinion certainly needs to be harmonized by not locking up the meeting room of everyone's expression. From here, the existence of legal rules/norms on the one hand becomes important in people's lives. On the other hand, the recognition, respect and protection of human rights are also important to be accommodated. Therefore, this article examines the law as a means of maintaining social order, and human rights as a set of rights that describe the existence of human freedom in expressing their actions, and how relevant they are to the reform agenda, namely enforcing the law against violators of human rights seriously, both in national and international.

scholarly journals Immediacy

PhaenEx ◽  
2020 ◽  
Vol 13 (2) ◽  
pp. 11-37
Author(s):  
Jason W. Alvis
Keyword(s):  
Religious Experience ◽  
Temporal Expression ◽  
Essential Aspect ◽  
New Form ◽  
The Absolute

At least for Schleiermacher, religion is life in immediate feeling. Whether or not we agree with him, immediacy can be understood as one essential aspect of feeling that makes feeling congenial as the means by which we tend to express the source of religious experience. Yet in general, immediacy is difficult to define and qualify. Is there a hope for immediacy in seeking “to be delivered from contingency” (Merleau-Ponty)? Is immediacy expressed in the instantaneity of how qualities of things are given in a “total interpenetration” (Sartre)? Or are “immediacy and mediation” always inseparable, thus leaving any “opposition between them to be a nullity”? (Hegel)?[i] Might immediacy entail a threat to faith through the absolutizing of the relative (Kierkegaard)? And finally, would not the absolute insistence upon mediation morph it into a new form of immediacy? It is against the backdrop of these questions that this paper investigates the constellation of roles immediacy might play in religious experience, and it does so through building upon the (seemingly diametrically opposed) claims of Jean-Yves Lacoste and Anthony Steinbock in regards to religion. For Lacoste, “feeling” is not an adequate means by which we should give expression to religion, in part because it leaves religion responsive to an all too volitional and intentional account. Lacoste also prefers to conceive relation with the Absolute/God (a relation he calls "liturgy") not as an experience, but as a non-experience. Whereas for Steinbock, even though emotions all to often are conceptualized according to sentimentality and solipsism, he undertakes to reveal that (especially regarding Religious Experience or "epiphanic" givenness) they in fact have an inherent inter-personal/Personal or Moral intelligibility. The paper builds up to the final claims that immediacy is a temporal expression of the unconditioned, yet that it is precisely this temporal element in relation to the Absolute that complicates the mediation/immediacy interaction.  

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