Property and Sovereignty Imbricated: Why Religion Is Not an Excuse to Discriminate in Public Accommodations

2017 ◽  
Vol 18 (2) ◽  
Author(s):  
Joseph William Singer
Keyword(s):  
Property Rights ◽  
Social Relations ◽  
Social Life ◽  
Democratic Society ◽  
Sovereign Power ◽  
Same Sex ◽  
The Right ◽  
The Relationship ◽  
Equal Citizenship ◽  
Property Regime

AbstractMay a hotel owner that objects to same-sex marriage on religious grounds refuse to host a same-sex wedding in its ballroom or deny the couple the right to book the honeymoon suite? Do public accommodation laws oppress religious dissidents by forcing them to act contrary to their religious beliefs or does discriminatory exclusion threaten equal access to the market economy and deny equal citizenship to LGBTQ persons? Answering these questions requires explaining why one property claim should prevail over another and why one liberty should prevail when it clashes with another. And answering those questions requires analysis of the relationship between property and sovereignty.Sovereign power both creates and regulates the types of property rights that can be tolerated in a free and democratic society that values each person equally. Should we view sovereignty as a threat to property or property as a threat to sovereignty? Libertarians choose the first and liberals the second. But this is the wrong way to understand the relation between property and sovereignty. Property and sovereignty are not separate and independent concepts or spheres of social life that can be brought into relationship with each other. Rather, they are imbricated; they overlap like roof tiles. Our aspiration to live in a free and democratic society places certain constraints on both property and sovereignty. Such societies do not recognize absolute power, whether public or private. Free and democratic societies are committed to a substantive vision of both social relations and politics. We have fruitful debates about property and sovereignty and, in the end, must construct a legal system that effects an acceptable compromise between access and exclusion in the property regime.Our historic practices regarding racial and other forms of discrimination and our evolving norms suggest that public accommodation laws enable access to the marketplace without regard to invidious discrimination. Religious freedom cannot operate to deny equal citizenship or opportunity. For that reason, a same-sex couple should not have to call ahead to see if they are welcome to book the honeymoon suite. Public accommodation laws do not infringe on legitimate property rights or religious freedoms; rather, they define the legitimate contours of liberty and property in a society that treats each person with equal concern and respect.

Fish as Property on the Small Aral Sea, Kazakhstan

2018 ◽  
Author(s):  
William Wheeler
Keyword(s):  
World Bank ◽  
Social Relations ◽  
Economic Value ◽  
Common Pool Resources ◽  
Aral Sea ◽  
Resource Exploitation ◽  
Irrigation Projects ◽  
The Relationship ◽  
Property Regime ◽  
Formal Rules

This chapter looks at a postsocialist fishery in Kazakhstan to explore the relationship between property rules designed to manage natural resources, and practices of resource exploitation. The Aral Sea is famous for its desiccation over the second half of the twentieth century, which stemmed from Soviet irrigation projects; in 2006 a World Bank/Republic of Kazakhstan project restored a small part of the sea, and fish catches have recently recovered somewhat. In this chapter, based on ethnographic and archival research, I explore the disjuncture between formal rules and practice to address debates about the management of common-pool resources. Within the nomadic economy, in contrast to livestock, fish were not property objects; over the colonial, Soviet and post-Soviet periods, they became objects of economic value in different ways, mediating different sorts of social relations. Turning to the contemporary property regime, I suggest that formal rules matter, but in unintended ways.

scholarly journals The Form of Alawiyyin Relations in Social Life Based on Noble Values and Hereditary Line

2020 ◽  
pp. 304-318
Author(s):  
Ikhtiar Hatta
Keyword(s):  
Social Relations ◽  
Social Life ◽  
Daily Life ◽  
Religious Life ◽  
Teaching Mode ◽  
Historical Approach ◽  
Operational Life ◽  
Islamic Faith ◽  
The Relationship

This study suggests the application of the syiar method as part of the relationship between the Alawiyyin to build their unity in living their social life with other communities. This study applies a historical approach that looks at how the Alawiyyin started with the construction of a social arena through an operational life order with Islamic faith and the noble values of the Alawiyyin, how the Alawiyyin lives and maintain the existing order in social relations. The results shows that through the institutions, norms, and symbolic apparatus covering the life of the Alawiyyin. Functionally, it could support their existence as a foreign Alawiyyin community in Maluku. Furthermore, this study reveals that the Alawiyyin builds their social arena by relating religious life and daily life practices. Through the teaching mode of the life of his ancestors, the prophet Muhammad, can form belief and devotion to Allah. In addition, it contributes positively to maintaining the lineage (genealogy) of the Alawiyyin in the middle of the arena of social life that continuously mix through the process of amalgamation. Apparatus that supports stability, commitment to love/loyalty of those around them is maintained through practice, grave pilgrimage, reading ratib, dhikr, proselytization, becoming a muhibbin, tasawuf, tawassul, barsanji, and kafaah marriage.

scholarly journals THE RIGHT OF AUTHORSHIP ON A WORK

2014 ◽  
Vol 8 (1) ◽  
pp. 155-160
Author(s):  
Ciprian Raul Romiţan
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Moral Rights ◽  
Economic Rights ◽  
Natural Connection ◽  
Artistic Work ◽  
The Law ◽  
The Right ◽  
The Relationship

The moral rights represent the legal expression of the relationship between the workand its creator; they precede, survive and exert a permanent influence on the economic rights.Moral rights are independent of economic rights, the author of a work preserving these rightseven after the transfer of its property rights.The right to claim recognition as the author of the work, called in the doctrine as the"right of paternity of the work" is enshrined in art. 10 lit. b) of the law and it is based on theneed to respect the natural connection between the author and his work. The right toauthorship is the most important prerogative that constitutes intellectual property rights ingeneral and consists of recognizing the true author of a scientific, literary or artistic work.

scholarly journals KONVERSI KEAGAMAAN PASCA 1965, MENGURAI DAMPAK SOSIAL BUDAYA DAN HUBUNGAN ISLAM KRISTEN DI PEDESAAN JAWA

Harmoni ◽  
2018 ◽  
Vol 16 (2) ◽  
pp. 218-240
Author(s):  
M. Alie Humaedi
Keyword(s):  
Social Relations ◽  
Social Life ◽  
Economic Resources ◽  
The Political ◽  
The Social ◽  
National Archives ◽  
Islam And Christianity ◽  
Political Economic ◽  
Heating Up ◽  
The Relationship

The relationship between Islam and Christianity in various regions is often confronted with situations caused by external factors. They no longer debate the theological aspect, but are based on the political economy and social culture aspects. In the Dieng village, the economic resources are mostly dominated by Christians as early Christianized product as the process of Kiai Sadrach's chronicle. Economic mastery was not originally as the main trigger of the conflict. However, as the political map post 1965, in which many Muslims affiliated to the Indonesian Communist Party convert to Christianity, the relationship between Islam and Christianity is heating up. The question of the dominance of political economic resources of Christians is questionable. This research to explore the socio cultural and religious impact of the conversion of PKI to Christian in rural Dieng and Slamet Pekalongan and Banjarnegara. This qualitative research data was extracted by in-depth interviews, observations and supported by data from Dutch archives, National Archives and Christian Synod of Salatiga. Research has found the conversion of the PKI to Christianity has sparked hostility and deepened the social relations of Muslims and Christians in Kasimpar, Petungkriono and Karangkobar. The culprit widened by involving the network of Wonopringgo Islamic Boarding. It is often seen that existing conflicts are no longer latent, but lead to a form of manifest conflict that decomposes in the practice of social life.

In the Right Place at the Right Time: Electronic Tagging and Problems of Social Order/Disorder

2001 ◽  
Vol 49 (2) ◽  
pp. 174-201 ◽  
Author(s):  
Brian Bloomfield
Keyword(s):  
Public Participation ◽  
Social Relations ◽  
Social Order ◽  
Personal Identification ◽  
Prominent Feature ◽  
Virtual Control ◽  
Works Of Art ◽  
The Right ◽  
Electronic Tagging ◽  
The Relationship

This paper explores the relationship between technology and problems of social order/disorder in the context of discussions of surveillance and ‘virtuality'. The emphasis is on understanding the connections between technology and social relations in areas where issues of social order/disorder are a prominent feature of concern and where one can identify the emergence of new regimes of virtual control which are directed at solving the (supposed) deficits in order or the threats posed to it. Rather than constituting a ‘technical fix’ for the problems of social order/disorder, it is argued that forms of virtual control both presuppose a reconstruction of social order and at the same time aim to effect a suppression of disorder. Focusing in particular on various manifestations of electronic tagging – from prisoners to babies, from retail goods to works of art, from television programmes to Personal Identification Numbers – the paper argues that these share a problematic which interrelates technology, order/disorder, subjects/objects, time, and space. It thus seeks to generalize the concept of electronic tagging, to regard it as a practice rather than a specific set of artefacts. Moreover, in contrast to the negative, panoptic reading of tagging technologies, the paper considers the active public participation in systems of surveillance and thereby the more positive or productive exercises of power which they may be taken to constitute.

scholarly journals TRADISI NGAJAHUL: Fikih Pemakaman dan Kohesi Sosial Pada Masyarakat Muslim Priangan

2019 ◽  
Vol 14 (1) ◽  
pp. 27
Author(s):  
Yayan Suryana
Keyword(s):  
Social Interaction ◽  
Social Environment ◽  
Social Relations ◽  
Social Cohesion ◽  
Social Life ◽  
Sociological Perspective ◽  
Death Rituals ◽  
The Social ◽  
The Family ◽  
The Relationship

This paper presents an analysis of the death rituals carried out by Muslims in the Priangan region known as ngajahul. Ngajahul is done on the sixth or seventh day after death. Analysis of the ritual of death illustrates that the ritual of death is not only a spiritual-fiqhiyyah aspect, but also has a role in describing social relations. The graveyard that lay in the cemetery, not only shows the grave, but also describes the relationship between the deceased, the family and the social environment. This research in a sociological perspective produces the concept that the rituals of death and society, especially Muslim societies in various aspects are referred to as containing social cohesion. This concept illustrates that death rituals are not as depicted in recitation forums that see death rituals as a tradition laden with rituals that are spiritually nuanced. Ngajahul is a tradition that produces social interaction and involvement in social life that is produced simultaneously. Key Words : Ngajahul, Ritual, Social cohesion, fiqhiyyah

scholarly journals Potret Kekerasan dan Perlindungan Anak dalam Perspektif Sosio-Yuridis

2014 ◽  
Vol 4 (01) ◽  
pp. 92-111
Author(s):  
Sukamto Sukamto
Keyword(s):  
Social Life ◽  
Growth And Development ◽  
Refugee Children ◽  
Human Beings ◽  
Violence Against Children ◽  
Children And Parents ◽  
Abuse And Neglect ◽  
The Status ◽  
The Right ◽  
The Relationship

Abstract: Children are human beings who have not reached adulthood. They have right to live safely and comfortably and to avoid violence. In reality, it is often encountered a violence on children. There are several factors of violence against children, namely: first, a ‘perception’ that sees the status of parents who occupy an important role in social life of children. The relationship between children and parents has a strong emotional bond; second, with regard to the above ‘perception’, of course, it has a very complex implication at all, including the unbalanced relationship between children and parents, the emergence of violence against children by their own parents; third, a system and tradition, that have been embraced by the paternalistic people, becomes the reason to put the children’s status under that of the parents. To provide protection for children, the Indonesian government has made Undang-Undang on children protection, as outlined in Undang-Undang No. 23 tahun 2002. It can generally be classified as follows: first, the right of survival; second, the right of growth and development; third, the right to get protection includes protection against discrimination, abuse and neglect, protection for children without family and protection for refugee children; and fourth, the right of participation which includes the right to express their opinion/view in all matters relating to the fate of the children.Keywords: Violence, protection, child, socio-juridical

Moral Principles in the Life of Society, or “Metaphysics of History”

2020 ◽  
Vol 12 (4-2) ◽  
pp. 311-329
Author(s):  
Vladislav Cheshev ◽  
Keyword(s):  
Interpersonal Relationships ◽  
Social Relations ◽  
Social Life ◽  
Moral Foundations ◽  
Conceptual Approach ◽  
Moral Consciousness ◽  
Moral Principles ◽  
The Social ◽  
The Relationship

The article investigates the influence of moral principles on historically developing social relations. The appeal to this problem is based on a conceptual approach to the origin of human morality, which arises in the course of sociogenesis as a set of behavioral principles that provide the intraspecific cultural (non-genetic) solidarity necessary for human societies. It is noted that the moral consciousness of individuals, which regulates interpersonal relationships, is a necessary but insufficient means for transmitting moral principles. Morality is expressed in the relationship between society and an individual. Society solves the problem of reproduction of moral regulators, it brings them into the nature of social relations by necessity. In this regard, attention is drawn to the role of elite groups in solving the aforementioned problem, in particular, it points out the peculiarities of the formation of an elite layer in Russian history. The elite is the bearer of moral images of social behavior, which expresses the attitude to public goals, interests, historical meanings of social life. The task of the elite is the implementation of these principles in the nature of social relations. The egoism of individuals and social groups can impede the solution of such a problem. Overcoming difficulties of this kind can be achieved by an awareness of history, which provides the basis for public consensus. The article focuses on the ethos of the “spirit of capitalism”, which enters into the social environment through the principles of the organization of economic activity. The paper shows the relevance of the problem of interaction of economic ethics and moral foundations of society as a systemic whole.

scholarly journals LAND RECOVERY AND THE ISSUE OF PROPERTY RIGHTS ASSURANCE UNDER THE MARKET ECONOMY CONDITIONS IN VIETNAM

2021 ◽  
pp. 25-35
Keyword(s):  
Property Rights ◽  
Market Economy ◽  
The State ◽  
Land Acquisition ◽  
Land Law ◽  
State Management ◽  
Land Owners ◽  
The Right ◽  
Article 5 ◽  
The Relationship

In Vietnam, land recovery (or land acquisition) is a tool of state management and also of exercising the right to represent the owner of the State over land (Clause 4, Article 9 of the Land Law 1987, Clause 4, Article 13 of the Land Law 1993, Article 5 of the Land Law 2013 and Article 13 of the Land Law 2013). In terms of market economy, land acquisition is also considered as a “stage” of the process of “coordination” of land (Hochiminh city University of Law, 2012, p. 163). Along with the development of land laws, the regulations on land recovery have also been gradually improved. However, its innovations are still not enough to meet the requirements of society in many aspects, such as: fairness, efficiency, etc.... According to official statistics, more than 70% of mass complaints and denunciations are related to land recovery (Linh, 2015). For this reason, we will try to clarify the above issues and make some suggestions to improve the provisions of the law related to the regulation of land acquisition, in the relationship between the State (with the representative way of land owners) and land users in order to offer solutions to protect the legitimate rights of land users.

scholarly journals Hungarian law and practice of civil partnerships with special regard to same-sex couples = Das Ungarische recht und praxis von lebenspartnerschaften mit besonderer rücksicht auf gleichgeschlechtliche paare

2017 ◽  
Vol 9 (2) ◽  
pp. 278
Author(s):  
Ádám Fuglinszky
Keyword(s):  
Human Reproduction ◽  
Same Sex ◽  
Special Regard ◽  
Same Sex Couples ◽  
Registered Partnership ◽  
Civil Status ◽  
Factual Question ◽  
The Right ◽  
Property Regime ◽  
Bürgerliches Gesetzbuch

Abstract: Cohabitation is a factual question in Hungarian law (living in a financial and emotional community in a common household), it does not constitute civil status, and is extended to same-sex couples, too. The default property regime is “participation of acquisitions.” While the constitutional notion of marriage in Hungary covers the conjugal union of a man and a woman, registered partnership (reserved for same-sex couples) has existed since 2009, the latter constitutes a civil status and has the same legal effects as marriage except the presumption of paternity, the possibility of joint adoption and of taking part in artificial human reproduction, and the right to use each other’s name or a joint family name. The default property regime is “community of property”.Keywords: cohabitation, same-sex couples, registered partnership, Hungary, civil code.Abstrakt: Lebensgemeinschaft ist eine faktische Frage im Ungarischen Recht (man lebt in einer wirtschaftlichen und emotionalen Gemeinschaft im gemeinsamen Haushalt zusammen), sie schafft keinen Personenstand/Zivilstand und ist auch für gleichgeschlechtliche Paare zugänglich. Der gesetzliche Güterstand ist die Zugewinngemeinschaft. Während der verfassungsrechtliche Begriff der Ehe in Ungarn auf die eheliche Lebensgemeinschaft von Mann und Frau beschränkt ist, existiert seit 2009 die eingetragene Lebenspartnerschaft, welche für gleichgeschlechtliche Paare vorbehalten ist. Dieser schafft zivilrechtlichen Status (Personenstand) und hat dieselben Rechtsfolgen wie eine Eheschließung, ausgenommen die Vermutung der Vaterschaft, das Recht auf die gemeinsame Adoption eines Kindes oder auf die gemeinsame Unterziehung einer künstlichen Befruchtung, sowie das Recht, den Namen des/der anderen Partner(s) oder einen gemeinsamen Familiennamen anzunehmen. Der gesetzliche Güterstand ist die Ehegütergemeinschaft.Stichwörter: Lebenspartnerschaft, gleichgeschlechtliche Paare, eingetragene Lebenspartnerschaft, Ungarn, Bürgerliches Gesetzbuch

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