Epilogue

2018 ◽  
pp. 353-366
Author(s):  
Marcelo Sánchez Sorondo
Keyword(s):  
Social Life ◽  
Common Good ◽  
Private Property ◽  
Fundamental Rights ◽  
The Common Good ◽  
Housing Security ◽  
The Face ◽  
The Common ◽  
Education And Employment ◽  
National Borders

Migration is a shared condition of all humanity. We have all been strangers in a strange land. All humanity lives today as a result of migration, by themselves or their ancestors. Migration is a matter sometimes of choice, often of need, and always an inalienable right. All helpless people deserve to be helped. Offering such help is a commandment and a blessing shared among all religions. Accordingly, as Pope Francis reminds us, our duties to migrants include “to welcome”, “to protect”, “to promote”, and “to integrate.” National borders are not a result of primary natural law, as aren’t private property and clothes, “because nature did not give [humans] clothes, but art invented them”. National borders depend on social, political and geographical factors. Therefore, faced with current waves of mass migration, in order to establish practices that respond to the common good we need to be guided by three levels of responsibility. The first principle being that “in case of need all things are common”, because “every man is my brother”. This principle is relative to existence or subsistence and conditions other related issues (such as accommodation, food, housing, security, etc.). Secondly, as part of the fundamental rights of people, legal guarantees of primary rights that foster an “organic participation” in the economic and social life of the nation. Access to these economic and social goods, including education and employment, will allow people to develop their own abilities. Thirdly, a deeper sense of integration, reflecting responsibilities related to protecting, examining and developing the values that underpin the deep, stable, unity of a society— and, more fundamentally, create a horizon of public peace, understood as St. Augustine’s "tranquility in order". In particular, with regards to the aforementioned context, policies on migration should be guided by prudence, but prudence must never mean exclusion. On the contrary, governments should evaluate, “with wisdom and foresight, the extent to which their country is in a position, without prejudice to the common good of citizens, to offer a decent life to migrants, especially those truly in need of protection. Strangely enough, the response of most governments in the face of this phenomenon only seems to value the third principle, completely disregarding the first two.

Improving the Education and Social Integration of Immigrant Students

2018 ◽  
pp. 325-352
Author(s):  
Francesca Borgonovi ◽  
Mario Piacentini ◽  
Andreas Schleicher
Keyword(s):  
Social Life ◽  
Common Good ◽  
Private Property ◽  
Immigrant Students ◽  
The Common Good ◽  
Housing Security ◽  
The Face ◽  
The Common ◽  
Education And Employment ◽  
National Borders

Migration is a shared condition of all humanity. We have all been strangers in a strange land. All humanity lives today as a result of migration, by themselves or their ancestors. Migration is a matter sometimes of choice, often of need, and always an inalienable right. All helpless people deserve to be helped. Offering such help is a commandment and a blessing shared among all religions. Accordingly, as Pope Francis reminds us, our duties to migrants include ‘to welcome’, ‘to protect’, ‘to promote’, and ‘to integrate.’ National borders are not a result of primary natural law, as aren't private property and clothes, ‘because nature did not give [humans] clothes, but art invented them’. National borders depend on social, political and geographical factors. Therefore, faced with current waves of mass migration, in order to establish practices that respond to the common good we need to be guided by three levels of responsibility. The first principle being that ‘in case of need all things are common’, because ‘every man is my brother’. This principle is relative to existence or subsistence and conditions other related issues (such as accommodation, food, housing, security, etc.). Secondly, as part of the fundamental rights of people, legal guarantees of primary rights that foster an ‘organic participation’ in the economic and social life of the nation. Access to these economic and social goods, including education and employment, will allow people to develop their own abilities. Thirdly, a deeper sense of integration, reflecting responsibilities related to protecting, examining and developing the values that underpin the deep, stable, unity of a society- and, more fundamentally, create a horizon of public peace, understood as St. Augustine's ‘tranquility in order’. In particular, with regards to the aforementioned context, policies on migration should be guided by prudence, but prudence must never mean exclusion. On the contrary, governments should evaluate, ‘with wisdom and foresight, the extent to which their country is in a position, without prejudice to the common good of citizens, to offer a decent life to migrants, especially those truly in need of protection. Strangely enough, the response of most governments in the face of this phenomenon only seems to value the third principle, completely disregarding the first two.

scholarly journals O BEM COMUM COMO VALOR E O ACESSO À JUSTIÇA COMO COMPROMISSO: IMPLICAÇÕES SOBRE O PROCESSO CIVIL

2020 ◽  
Vol 1 (58) ◽  
pp. 410
Author(s):  
Janaína Machado STURZA ◽  
Karinne Emanoela Goettems dos SANTOS
Keyword(s):  
Social Life ◽  
Common Good ◽  
Transformation Process ◽  
Fundamental Rights ◽  
Access To Justice ◽  
The Common Good ◽  
Civil Process ◽  
The Common ◽  
Pass Through ◽  
Judicial Procedures

RESUMO Objetivo: Este estudo tem como objetivo fomentar a reflexão sobre o atual cenário de conflitos sociais, no qual se encontra a sociedade contemporânea, destacando a importância do acesso à Justiça por meio de um processo civil constitucionalmente adequado, na perspectiva do bem comum. Metodologia: A pesquisa converge para a importância da adaptação dos procedimentos judiciais à realidade social, por meio de um estudo bibliográfico norteado pelo método hipotético dedutivo, apresentando a hermenêutica filosófica gadameriana e as perspectivas de Mauro Cappelletti como principais referenciais teóricos. Resultados: Entender a sociedade a partir de um contexto conflituoso implica assumir uma nova postura diante da complexidade social e da efetivação do necessário processo de transformação na perspectiva de bem comum e, essencialmente, de acesso à Justiça como compromisso. Na órbita do processo civil, esse compromisso torna-se ainda mais evidente com a superveniência do novo Código de Processo. Contribuições: A demonstração de que a efetividade dos direitos fundamentais e a consagração da cidadania perpassam necessariamente por um processo civil constitucionalmente adequado, o qual deve e é capaz de adaptar-se às complexidades da vida social contemporânea.Palavras-chave: bem comum; cidadania; acesso à Justiça; processo constitucionalmente adequado.  ABSTRACT Objective: To encourage reflection on the current scenario of social conflicts in which contemporary society is situated, highlighting the importance of access to Justice by way of a constitutionally adequate civil process in the perspective of the common good. Methodology: The research converges to the importance of adapting judicial procedures to social reality by way of a bibliographic study guided by the hypothetical deductive method, presenting Gadamerian philosophical hermeneutics and the perspectives of Mauro Cappelletti as main theoretical references. Results: To understand the society from a conflictual context implies taking a new stance before social complexity and the implementation of the necessary transformation process in the perspective of the common good and, essentially, access to Justice as a commitment. In the orbit of civil proceedings this commitment becomes even more evident upon the supervenience of the new Code of Procedure.Contributions: The demonstration that the effectiveness of fundamental rights and the implementation of citizenship necessarily pass through a constitutionally adequate civil process, which must and is capable of adapting to the complexities of contemporary social life. Keywords: Common good; citizenship; access to Justice; appropriate constitutional process.

scholarly journals Non-Positivist ‘Higher Norms’ and ‘Formal’ Positivism: Interpretation of the Ethiopian Criminal Law

2020 ◽  
Vol 14 (1) ◽  
pp. 85-118
Author(s):  
Simeneh Kiros Assefa
Keyword(s):  
Supreme Court ◽  
Rule Of Law ◽  
Criminal Law ◽  
Common Good ◽  
Legal Theory ◽  
Fundamental Rights ◽  
The Common Good ◽  
The Supreme Court ◽  
The Common

The criminal law is adopted as a means of achieving the common good; it is interpreted and applied by the court. The judge chooses the type of legal theory and method to employ in the interpretation and application of the criminal law. Such theories may be acquired from higher norms or from the decision of the Supreme Court. Because such choice of theory and method determines the outcome of the case, the judge is also expected to be guided by the doctrines in criminal law inspired by the values of rule of law and respect for fundamental rights, enshrined in the Constitution. This article examines how courts harmonise the application of the positive criminal law with the non-positivist theories of higher norms. After reviewing various criminal rules and their judicial application, it finds that the court applies the criminal law as it is written in disregard of the non-positivist theories of higher norms, at times in contradiction to the basic doctrines of the criminal law itself.

scholarly journals Seeking the Common Good or Just Making Us be Good? Recent Amendment to New Zealand's Social Security Law

2013 ◽  
Vol 44 (2) ◽  
pp. 383 ◽  
Author(s):  
Māmari Stephens
Keyword(s):  
Social Security ◽  
Social Life ◽  
Common Good ◽  
Sufficient Conditions ◽  
Individual Autonomy ◽  
Moral Obligations ◽  
The Common Good ◽  
Social Security Act ◽  
The Common ◽  
Definition Of

New Zealand's social security system was born out of a vision of society consistent with a definition of the common good informed by Christian ethics. The past 30 years, in particular, have seen fierce ideological battles fought between the left and right over the extent, coverage, and generosity of the system. Yet a remnant of the vision of the common good remains, whereby individuals can have some access, by virtue of social security, to the sufficient conditions of social life to be free enough to find some level of fulfilment in that life. However, the freedom to be good, as is also required by a broad understanding of the common good, is under threat within New Zealand's social security law. Social security law asserts a vision, and not a coherent one, of what it means to be good in New Zealand society.  Newly minted social obligations in the Social Security Act 1964 go beyond the purposes of the legislation; being unconnected to relieving need, maintaining fiscal prudence, or even seeking paid employment as a means of achieving welfare. These modern moral obligations ensure that beneficiaries' freedom to choose to live life in a way consonant with the common good is frustrated, if not substantially abrogated, striking the wrong balance between the law's protection of individual autonomy and its implementation of social imperatives in pursuit of the common good.

scholarly journals Breaking the Ethnic Barrier in Mark 7:24-30: Implication for the Ghanaian Context

2021 ◽  
pp. 159-169
Author(s):  
Alice Matilda Nsiah
Keyword(s):  
Common Good ◽  
Mutual Respect ◽  
The Common Good ◽  
The Face ◽  
African Context ◽  
The Common

The study aims at interpreting Mark 7:24-30 to establish whether Jesus was initially reluctant in helping a needy woman because she was non-Jewish, or the author was establishing the gradual breaking of ethnic and all other barriers to redefine the scope of Jesus’ ministry. The study uses African Biblical Hermeneutic theory of Gerald West that allows a dialogue between the text and the African context. It argues that the text may be interpreted as a covenant renewal discourse aimed at including Gentiles into the covenant family. The study concludes that unproductive ethnic and religious barriers may be broken for the common good of God’s family. It recommends the importance of mutual respect in dialogue in the face of diversities of opinions and perspectives. Keywords: Ethnicity, Barriers, Covenant, Discourse.

The Land We Share: Private Property and the Common Good

2004 ◽  
Vol 9 (3) ◽  
pp. 560
Author(s):  
Karl Brooks ◽  
Eric T. Freyfogle
Keyword(s):  
Common Good ◽  
Private Property ◽  
The Common Good ◽  
The Common

scholarly journals On Education & the Common Good

1994 ◽  
Vol 2 ◽  
pp. 11
Author(s):  
John Covaleskie
Keyword(s):  
Public Sphere ◽  
Human Nature ◽  
Social Life ◽  
Common Good ◽  
Human Life ◽  
The Public ◽  
The Common Good ◽  
The Common ◽  
The Public Sphere ◽  
Do So

This response to Coulson's recent EPAA piece, "Human Life, Human Organizations, and Education," argues that Coulson is wrong about "human nature," social life, and the effects of unregulated capitalist markets. On these grounds, it is argued that his call to remove education from the public sphere should be rejected. The point is that education is certainly beneficial to individuals who receive it, but to think of education as purely a private and personal good properly distributed through the market is seriously to misconstrue the meaning of education. We should not care to be the sort of people who do so.

scholarly journals SOCIAL PROGRESS AND INTEGRAL HUMAN DEVELOPMENT: ON HAPPINESS, WELFARE AND DIGNITY

2021 ◽  
Author(s):  
Taras DOBKO ◽  
Keyword(s):  
Human Rights ◽  
Human Development ◽  
Social Life ◽  
Common Good ◽  
Human Person ◽  
Social Progress ◽  
Good Society ◽  
The Common Good ◽  
The Common ◽  
Integral Human Development

This article examines philosophical assumptions of whether and how happiness could become a goal of political action and standard for assessing government’s performance. It is argued that solidarity and care for the common good require the political economy of citizenship balanced with affirmation of the dignity of the human person in the form of basic human rights. The rule of law and fair procedures should be complemented with the concern for character development into citizenship and mature civic commitment. This unfolds both in faith-based and secular attempts to imagine and measure human development in terms beyond GDP index and economic statistics. To succeed these attempts must be based on an adequate anthropology, draw their strength from a sound moral source and inspire mature ethical agency. Catholic social thought conceives of integral human development as a way of envisaging social arrangements that foster flourishing of the whole person and each person. It is based on the vision of the human being as an image of God and draws its energy from the idea of “good society” in which respect for the dignity of the human person and care for the common good of all people are central to political and social life. KEY WORDS: Integral human development, common good, dignity, good society, human rights, social progress

scholarly journals The Principle of Subsidiarity: Lessons from the Social Teaching of the Catholic Church

2018 ◽  
pp. 42-48
Author(s):  
Sergiy   Prysukhin
Keyword(s):  
Catholic Church ◽  
Social Life ◽  
Social Practice ◽  
Common Good ◽  
Social Teaching ◽  
The Common Good ◽  
The Social ◽  
The Common ◽  
Proper Functions ◽  
The Catholic Church

The article by S. Prysukhin “The Principle of Subsidiarity: Lessons from the Social Teaching of the Catholic Church” analyzes the achievements of the Social Teaching of the Catholic Church, represented by the works of Leo XIII, Pius XI, Pius XII, John Paul II, revealing the meaningful characteristics of the concept of “the principle of subsidiarity”, its role and meaning in the system of Christian values. The principle of subsidiarity makes possible such relationships in social life, when the community of higher order does not interfere in the internal life of the community of the lower order, taking over the proper functions of that function; for the common good it gives it when necessary support and assistance, thereby coordinating its interaction with other social structures. The principle of subsidiarity guides social practice to the promotion of the common good in the human community. The spread and application of the principle of subsidiarity opposes the danger of "nationalization" of society and the most terrible manifestations of collectivism, restricts the absoluteization of power, bureaucratization of state and socio-cultural structures, becoming one of the guarantors of respect for the rights and freedoms of citizens of their country.

scholarly journals Derechos Fundamentales, el Covid-19 y la Afectación de Derechos a los Grupos en Situación de Vulnerabilidad. Los Adultos Mayores

2021 ◽  
Vol 12 (12) ◽  
pp. 73-97
Author(s):  
Gerardo Bernales Rojas ◽  
Lucivania Dias Mendes
Keyword(s):  
Older Adults ◽  
Side Effects ◽  
Common Good ◽  
Fundamental Rights ◽  
Vulnerable Groups ◽  
The Common Good ◽  
Specific Effects ◽  
The Common ◽  
Los Grupos

The pandemic generated by Covid-19, has produced global effects not seen in these times, and not only in health, but in all areas of life, which has led governments to make decisions of all kinds and not only sanitary to reduce the spread of the pandemic and its aftermath. For this, the States use the constitutional tools that allow them to restrict the exercise of some fundamental rights, to achieve their objective. However, these “remedies” cause severe side effects, in the so-called “vulnerable groups”. In this article, we intend to analyze how in Brazil and Chile, the decisions of the authority, although they look to the common good, have the contradiction of particularly affecting the members of these groups, focusing our work on the situation of older adults, given certain specific effects that lie in this segment of society.

Sign in / Sign up

Export Citation Format

Share Document