scholarly journals Grasping an Ought. Adolf Reinach’s Ontology and Epistemology of Legal and Moral Oughts

2020 ◽  
Vol 90 ◽  
pp. 29-39
Author(s):  
Lorenzo Passerini Glazel

We almost every day direct our actions with reference to social, moral or legal norms and oughts. However, oughts and norms cannot be perceived through the senses: how can we “grasp” them, then? Adolf Reinach distinguishes enacted norms and oughts created through a social act of enactment, from moral norms and oughts existing in themselves independently of any act, knowledge or experience. I argue that this distinction is not a distinction between two species of oughts within a common genus: it is rather a deeper ontological distinction between two modes of existence that are quite different, even though both are objective, according to Reinach. This ontological distinction is reflected in the way in which enacted oughts and moral oughts can be grasped, respectively: in the former case, the enacted ought is grasped by going back to the underlying social act from which it springs; in the latter, a “grasping through feeling” (fühlende Erfassen) of the moral values is implied.

2010 ◽  
Vol 1 (1) ◽  
pp. 1-19
Author(s):  
Ahmed Akgunduz

AbstractIslamic Law is one of the broadest and most comprehensive systems of legislation in the world. It was applied, through various schools of thought, from one end of the Muslim world to the other. It also had a great impact on other nations and cultures. We will focus in this article on values and norms in Islamic law. The value system of Islam is immutable and does not tolerate change over time for the simple fact that human nature does not change. The basic values and needs (which can be called maṣlaḥa) are classified hierarchically into three levels: (1) necessities (Ḍarūriyyāt), (2) convenience (Ḥājiyyāt), and (3) refinements (Kamāliyyāt=Taḥsīniyyāt). In Islamic legal theory (Uṣūl al‐fiqh) the general aim of legislation is to realize values through protecting and guaranteeing their necessities (al-Ḍarūriyyāt) as well as stressing their importance (al‐ Ḥājiyyāt) and their refinements (taḥsīniyyāt).In the second part of this article we will draw attention to Islamic norms. Islam has paid great attention to norms that protect basic values. We cannot explain all the Islamic norms that relate to basic values, but we will classify them categorically. We will focus on four kinds of norms: 1) norms (rules) concerned with belief (I’tiqādiyyāt), 2) norms (rules) concerned with law (ʿAmaliyyāt); 3) general legal norms (Qawā‘id al‐ Kulliyya al‐Fiqhiyya); 4) norms (rules) concerned with ethics (Wijdāniyyāt = Aḵlāqiyyāt = Ādāb = social and moral norms).


2021 ◽  
pp. 144078332110011
Author(s):  
Scott J Fitzpatrick

Suicide prevention occurs within a web of social, moral, and political relations that are acknowledged, yet rarely made explicit. In this work, I analyse these interrelations using concepts of moral and political economy to demonstrate how moral norms and values interconnect with political and economic systems to inform the way suicide prevention is structured, legitimated, and enacted. Suicide prevention is replete with ideologies of individualism, risk, and economic rationalism that translate into a specific set of social practices. These bring a number of ethical, procedural, and distributive considerations to the fore. Closer attention to these issues is needed to reflect the moral and political contexts in which decision-making about suicide prevention occurs, and the implications of these decisions for policy, practice, and for those whose lives they impact.


2018 ◽  
Vol 24 (2) ◽  
pp. 176-193 ◽  
Author(s):  
Carlos Emanuel Sautchuk

This article explores the decision of a group of Amazonian lake fishermen to ban the use of nets to catch the pirarucu fish as part of an official agreement. It discusses the approach to artefacts found in the agentive turn and in recent explorations of Amazonian animism in Anthropology. It adopts the concept of technical object influenced by the anthropological approach to technology and in line with the ontogenetic perspective of Gilbert Simondon. The main focus is the way in which the fishermen compare the different modes of existence of the harpoon and the net. For them, the pirarucu net is a poor way to catch fish since it captures by itself, which is a form of cowardice in relation to the fish and drives them away. The ethnography centres on the operation of these objects and the way in which different properties of the fishermen and fish emerge through these processes.


Author(s):  
Rolando Vazquez ◽  
Miriam Barrera Contreras

RESUMEN Hay que pensar la decolonialidad en relación a las artes. En esta entrevista exploramos cómo las artes decoloniales se diferencian de la estética moderna/colonial. La decolonización de la estética conlleva la liberación de a la aiesthesis, es decir de las formas de relacionarnos con el mundo y de hacer mundo a través de los sentidos. La aiesthesis decolonial se distingue de los principios del arte contemporáneo y en particular de su sujeción a la temporalidad moderna, abriéndonos hacia las temporalidades relacionales. Los artistas decoloniales ejercen una temporalidad distinta que conlleva no sólo una crítica radical al orden de la representación y de la visualidad modernas sino que también nos dan la posibilidad de entender a la decolonialidad cómo un movimiento cargado de esperanza, cargado de la posibilidad de nombrar y vivenciar los mundos interculturales que han sido negados. PALABRAS CLAVE Decolonialidad, tiempo relacional, esperanza, cuerpo, interculturalidad KAI SUTI AESTHESIS ÑAGPAMANDA KAUSAKUNA TUKUIKUNAWA TAPUCHI SUG RUNATA ROLANDO VÁSQUEZ SUTITA SUGLLAPI Kaipi kawachinakumi iska ruraikuna ñugpamanda chasallata kunaurramanda. Kai suti aiesthesis, kawachiku imasami pai kawa kawachimanda ukusinama paipa iuaikunawa. Aiesthesis kame tukuikunamanda sugrigcha.Lsx artistxs kawachinakumi ñugpamanda kausikuna munankuna kawachingapa charrami kausanakunchi parlanakumi ñugpata imasami mana lisinsiaskakuna allí ruraikuna tukuikunamanda. IMA SUTI RIMAI SIMI: Ñugpamanda, parlaikuna sullai, nukanchi kikin, tukuikuna. DECOLONIAL AESTHESIS AND THE RELATIONAL TIMES. INTERVIEW WITH ROLANDO VÁSQUEZ ABSTRACT We have to hink the decoloniality in relation with the arts. This interview explores the difference between the modern/colonial aesthetic and the decolonial arts. The aesthetic decolonization leads to the release of the aesthesis, ergo it relates in every way to the connection and creation of a world through the senses. The decolonial aesthesis is particularly different from the contemporary art principles in the way it grasps the modern temporality consenting the creation of a path toward relational temporalities. The decolonial artists exercise a different temporality that results in not only a radical criticism to the modern representation and visuality but it makes possible to understand the decolonialization as a hopeful movement, full of possibilities for naming and experiencing neglected intercultural worlds. KEYWORDS Decolonialization, relational time, hope, body, interculturality ESTEHÉSIE DÉCOLONIALE ET LE TEMPS RELATIONNELS. ENTRETIEN À ROLANDO VASQUEZ RÉSUMÉ Il faut penser la décolonisation en relation aux arts. Dans cet entretien on explore comment les arts décoloniaux sont différents de l’esthétique moderne-coloniale. La décolonisation de l’esthétique entraîne la libération de l’estehésie, c’est-à-dire, la libération des façons de nous mettre en relation avec le monde et d’en créer un nouveau à travers les sens. L’estehésie décoloniale se différence des principes de l’art contemporain, principalement pour son fixation à la modernité en nous emmenant vers les temporalités relationnelles. Les artistes décoloniaux exercent avec une temporalité qui n’implique pas juste une critique radicale à l’ordre de la représentation et de la vision moderne, mais aussi de la possibilité de comprendre la décolonisation comme un mouvement plein d’espoir, chargé d’une possibilité de nommer et de mettre en relief les interculturalités qu’ont été niées. MOTS-CLEFS Décolonisation, temps relationnels, espoir, corps, interculturalité ESTESIA DESCOLONIAL E O TEMPO RELACIONAL ENTREVISTA A ROLANDO VAZQUEZ RESUMO Temos que pensar a descolonização em relação as artes. Nesta entrevista é explorado como as artes descoloniais são diferentes da estética moderna-colonial. A descolonização da estética conduz a emancipação da estesia, isto é, das formas de relacionamento com o mundo e da fôrma de fazer mundo a partir dos sentidos. A estesia descolonial distinguese dos princípios da arte contemporânea particularmente pela fixação o tempo moderno, abrindo-nos para a temporalidades relacionales. Os artistas descoloniais exercem uma temporalidade diferente que implica não só uma crítica radical à ordem da representação e à visão moderna, mas também à possibilidade de entender a descolonização como um movimento cheio de esperança, carregado da possibilidade de designar e viver os mundos interculturais que foram negados. PALAVRAS CHAVES Descolonização, esperança, tempo relacional, fôrma, intercultural.   Recibido el 20 de enero de 2015 Aceptado el 26 de febrero de 2015


2020 ◽  
Vol 41 (2) ◽  
pp. 653-664
Author(s):  
Matteo Cvenček

Moral and moral values are increasingly questioned in today's society when it comes to a multiplicity of vices that are becoming available to a larger number of people. Gambling, as a form of hazardous activity, is reaching every space and every liberal country through digitalization. Internet and online business have made it possible to spread gambling and thus to increase the number of participants in such games. Apart from some basic doubts about the morality of such games, especially regarding young players, there also appears the issue of state interests in monopoly systems ordered by national laws. A policy driven by state interests has paved the way for restricting gambling providers by blocking those providers or blocking the access to the content of certain webpages. The linked ban is debatable at least from the aspect of the constitutionality of the mentioned measure. Despite of this, measures prohibiting access to a certain internet content should be evaluated individually, in accordance with the principle of proportionality and in line with the requirement of legal certainty. This paper therefore addresses the need to introduce such a measure in the Croatian tax legislation with comparative examples of justifications for this measure and also deals with the problem of its possible abuses by the Croatian Tax Administration, thereby subtly introducing the complete control of the content of websites.


LingVaria ◽  
2021 ◽  
Vol 31 (1) ◽  
pp. 225-234
Author(s):  
Lidia Przymuszała

“Delight for the Senses” or the Language Used in Menus This article is about language used in menus. The recently changing approach to cooking and eating is also reflected in language that describes food. Restaurant menus are a clear example of this. It is because eating, i. e. experiencing the taste of dishes, does not only take using our tongue, but it also involves using language. Some restaurant owners are aware of the relationship between taste and word, which is reflected in the way some dishes are described in menu cards offered to customers. The purpose of the article is to analyse menus of selected restaurants and to show some linguistic tricks used by restaurant owners to encourage customers to eat in their restaurants.


2018 ◽  
Author(s):  
Toby S. Goldbach

49 Cornell International Law Journal 618 (2016).This Article explores international judicial education and training, which are commonly associated with rule of law initiatives and development projects. Judicial education programs address everything from leadership competencies and substantive review of human rights legislation to client service and communication, skills training on docket management software, and alternative dispute resolution. Over the last twenty years, judicial education in support of the rule of law has become big business both in the United States and internationally. The World Bank alone spends approximately U.S. $24 million per year for funded projects primarily attending to improving court performance. And yet, the specifics of judicial education remains unknown in terms of its place in the industry of rule of law initiatives, the number of judges who act as educators, and the mechanisms that secure their participation. This Article focuses on the judges’ experiences; in particular, the judges of the Supreme Court of Israel who were instrumental in establishing the International Organization of Judicial Training.Lawyers, development practitioners, justice experts, and government officials participate in training judges. Less well known is the extent to which judges themselves interact internationally as learners, educators, and directors of training institutes. While much scholarly attention has been paid to finding a global juristocracy in constitutional law, scholars have overlooked the role that judges play in the transnational movement of ideas about court structure, legal procedure, case management, and court administration. Similarly, scholarship examines the way legal norms circulate, the source of institutional change, and the way “transnational legal processes” increase the role of courts within national legal systems. There is little scholarly attention, however, to judges as actors in these transnational processes. This Article situates judicial education and training within the context of judicial functions as an example of judicial involvement in non-caserelated law reform. This Article challenges the instrumental connection between judicial education and the rule of law, arguing that international judicial education became a solution at the same time that the problem— a rule of law deficit— was being identified. This Article also explores whether international judicial education can stand as an instantiation of a global judicial dialogue. Judges have immersed themselves in foreign relations. They are, however, less strategic in pushing their ideological agenda than literature about judges and politics would suggest. This Article argues that judges experience politics as a series of partial connections, which resemble most legal actors’ engagement with the personal and the political.


2019 ◽  
Vol 3 (1) ◽  
pp. 185-192
Author(s):  
Atikah Ruslianti ◽  
Annisaa Syifa Nuramalina

Children short stories are one way among other literature studies to educate children about moral values and social life around them. In order to be able to socialize with other people, one of the important moral values that an individual must have is ethics. Most of children short stories, both classical and contemporary, are trying to present ethics as the main theme. This paper explores the way ethics is being conveyed in classical and contemporary children short stories. This paper uses Narrative Inquiry of Qualitative Method. This method is used to explore the background of the stories and authors with diverse culture as it is shown through the stories. There are 6 children short stories being analyzed. Three stories are classical, and the other three are contemporary. This paper also shows the results of comparison of ethic in classical and contemporary children short stories.


2021 ◽  
pp. 17-25
Author(s):  
Mohammad Hashim Kamali

In addition to a concise review of the meaning and definition of shariah, the chapter introduces the sources of shariah, including the two main types of revealed and rational sources and their subdivisions. The history of shariah (“the way to the watering place,” or “the path to correct guidance, salvation, and relief”) is occupied with scholastic developments and the embodiment of what became known as fiqh, which consists mainly of the practical rules of Islamic law that regulate the daily lives of Muslims. Shariah is a broad concept that is not confined to legal rules but comprises the totality of guidance that God Most High has revealed to humankind, pertaining to the dogma of Islam, its moral values, and its practical legal rules.


2020 ◽  
pp. 119-136
Author(s):  
Rohan McWilliam

This chapter decodes some of the pleasures of the West End and analyses its different forms of cultural work. To do this, it explores its appeal to the senses: sight, touch, smell, taste, orality. Pleasure districts trade on forms of hyper-stimulation. This helps locate the West End in terms of visual culture. The chapter argues that the West End was the product of artificial light, embodied in the deployment of gas-light and sheet glass. The chapter then explores the West End in terms of the production of images of glamour and sexuality: further examples of the sensory appeal of the district. This is then contrasted with the way prostitutes became a notorious feature of the West End evident both on the streets and in the night houses (nightclubs) around the Haymarket.


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