scholarly journals Culture et Modèle de l’acteur Socio-économique : Cas du Congo

2021 ◽  
Vol 17 (32) ◽  
pp. 192
Author(s):  
Hilarion Josaphat Mfouka

Cet article montre que la situation d’existence d’un acteur détermine l’interaction. Pour le démontrer, on caractérise cette situation par une culture qui impacte l’acteur socio-économique à travers la personnalité de base ou l’organisation de l’interaction. La personnalité de base ou l’organisation incarne les attitudes et comportements communément reconnus ou partagés. La culture et la personnalité de base sont des dispositions régulières du capital humain mobilisées dans la décision et l’action à travers une organisation. Dans le cas du Congo, la culture est appréhendée à travers des hypothèses résultant d’un constat, d’un vécu ou d’une perception régulière des congolais ou de l’environnement social du Congo. De ces hypothèses, on anticipe les attitudes et comportements attendus des acteurs à partir de la norme sociale. Les hypothèses ont été testées et confirmées dans une enquête. Elles sont aussi confirmées par d’autres analyses et données sur le Congo. Les résultats montrent que la culture mise en évidence est irrationnelle -au sens de l’économie ou de la gestion- et favorable au sous-développement. L’irrationalité se traduit surtout par la déviance, l’opacité, l’absence de liberté ou d’État de droit, le mysticisme et les traditions. Cette irrationalité s’accompagne d’une culture du sous-développement caractérisée par la pauvreté, la dépendance à l’étranger et la prépondérance des activités informelles. Il en découle une personnalité sociale inadaptée face aux défis du développement et de l’intégration dans l’économie mondiale. This article shows that the existence situation of an actor determines the interaction. To demonstrate this, we characterize this situation by a culture that impacts the socio-economic actor through the basic personality or the organization of the interaction. The basic personality or organization embodies commonly recognized or shared attitudes and behaviors. Basic culture and personality are regular dispositions of human capital mobilized in decision and action through an organization. In the case of Congo, culture is understood through hypotheses resulting from an observation, experience, or regular perception of the Congolese or of the social environment of the Congo. From these assumptions, the expected attitudes and behaviors of the actors based on the social norm was anticipated. The hypotheses were tested and confirmed in a survey. They are also confirmed by other data analysis on Congo. The results show that the highlighted culture is irrational - in the sense of economics or management - and favorable to underdevelopment. Irrationality manifests itself above all in deviance, opacity, lack of freedom or the rule of law, mysticism, and traditions. This irrationality is accompanied by a culture of underdevelopment characterized by poverty, dependence on foreign countries, and the preponderance of informal activities. The result also shows a social personality unsuited to the challenges of development and integration into the world economy.

Panggung ◽  
2013 ◽  
Vol 23 (3) ◽  
Author(s):  
Indrayuda

ABSTRACT This article aims to explain the existence of Tari Piring dance as a culture identity of Minang- kabau people, both the people who live in the origin area and outside the area. Tari Piring dance is a traditional cultural heritage of Minangkabau people which is used and preserved by Minangkabau people in their life so that it becomes culture identity of Minangkabau people. As the identity of Minangkabau people, Piring dance is able to express attitudes and behaviors as well as the charac- teristics of Minangkabau people. The dance can serve as a reflection of social and cultural life style of Minangkabau society. Through Tari Piring performance, the outsider can understand Minangkabau people and their culture. Tari Piring, therefore, is getting more adhere to the social life of Minang- kabau people in West Sumatra and in the regions overseas. In the spirit of togetherness, Minang- kabau society preserves the existence of Piring dance as the identity and cultural heritage up to the present time. Keywords: Piring Dance, Minangkabau culture  ABSTRAK Artikel ini bertujuan untuk menjelaskan keberadaan Tari Piring sebagai identitas bu- daya masyarakat Minangkabau, baik yang berada di daerah asal maupun di daerah peran- tauan. Tari Piring merupakan warisan budaya tradisional masyarakat Minangkabau yang digunakan dan dilestarikan oleh masyarakat Minangkabau dalam kehidupannya sehingga menjadi identitas budaya Minangkabau. Sebagai jati diri masyarakat Minangkabau, Tari Piring mampu mengungkapkan sikap dan prilaku serta karakteristik orang Minangkabau. Tari Piring dapat berperan sebagai cerminan dari corak kehidupan sosial budaya masyara- kat Minangkabau. Melalui pertunjukan Tari Piring, masyarakat luar dapat memahami orang Minangkabau dan budayanya. Oleh karena itu, sampai saat ini Tari Piring semakin melekat dengan kehidupan sosial masyarakat Minangkabau di Sumatera Barat maupun di daerah perantauan. Dengan semangat kebersamaan, masyarakat Minangkabau mampu mempertahankan keberadaan Tari Piring sebagai identitas dan warisan budayanya hingga masa kini. Kata kunci : Tari Piring, budaya Minangkabau


Author(s):  
Angela Dranishnikova ◽  
Ivan Semenov

The national legal system is determined by traditional elements characterizing the culture and customs that exist in the social environment in the form of moral standards and the law. However, the attitude of the population to the letter of the law, as a rule, initially contains negative properties in order to preserve personal freedom, status, position. Therefore, to solve pressing problems of rooting in the minds of society of the elementary foundations of the initial order, and then the rule of law in the public sphere, proverbs and sayings were developed that in essence contained legal educational criteria.


Author(s):  
Svetlana Pirozhok

The relevance of determining the theoretical and methodological determinants of the Robert von Moll’s concept of the social state is due to the need to determine the patterns of evolution of ideas about the state and law, as well as the need to assess the ability to use the potential of the Robert von Moll’s theoretical and legal heritage, his predecessors and contemporaries to identify the optimal model of the social state. Modern Russia attempts to build such state. The proclamation and consolidation of Russia as a social state governed by the rule of law at the constitutional level requires attention both to the experiments carried out in social and legal development, and to the practices of social reform, and also to those ideas that have not yet been embodied. The ideas of European scholars regarding the evolution of the state-legal organization of society in the early modern period, based on which Robert von Mohl (1799–1875) developed original concepts of a social state and a state governed by the rule of law are discussed in the article. An analysis of the state of European political and legal thought and identification of the factors that have a significant impact on the development of Robert von Mohl’s doctrine of a social state governed by the rule of law are the purposes of the scientific article. The methodological basis of the study was the dialectical-materialistic, general scientific (historical, systemic) and special (historical-legal, comparativelegal) methods of legal research. The method of reconstruction and interpretation of legal ideas had great importance. As a result of the study, it was concluded that in the first half of the 19th century in European political and legal thought various approaches was formed to consider the problems of social protection and how to resolve them. The development trend of European political science became the transition from ideas and principles formed in the conditions of police states and enlightened absolutism to the ideas of a state governed by the rule of law (constitutional) that protects the rights and freedoms of a citizen. At the same time, it was a question of the rights and freedoms of only a part of the population: the proletariat growing in number and significance was not always evaluated as an independent social stratum. The axiological principles of state justification have also changed. Rights and utility principle became dominant principles. In the first half of the 19th century the social issue as an independent scientific problem of the European political and legal thought was not posed and not systematically developed. Questions about the social essence of the state, the specifics of the implementation of the state social function, the features of public administration in the new stage of socio-economic development of society predetermined the emergence of the idea of a social state. This idea was comprehensively characterized in the Robert von Mohl’s works. He went down in the history of political and legal thought as founder of the concepts of social and governed by the rule of law state.


2021 ◽  
Vol 4 (1) ◽  
pp. 83-100
Author(s):  
Andraž Teršek

Abstract The central objective of the post-socialist European countries which are also Member States of the EU and Council of Europe, as proclaimed and enshrined in their constitutions before their official independence, is the establishment of a democracy based on the rule of law and effective legal protection of fundamental human rights and freedoms. In this article the author explains what, in his opinion, is the main problem and why these goals are still not sufficiently achieved: the ruthless simplification of the understanding of the social function and functioning of constitutional courts, which is narrow, rigid and holistically focused primarily or exclusively on the question of whether the judges of these courts are “left or right” in purely daily-political sense, and consequently, whether constitutional court decisions are taken (described, understood) as either “left or right” in purely and shallow daily-party-political sense/manner. With nothing else between and no other foundation. The author describes such rhetoric, this kind of superficial labeling/marking, such an approach towards constitutional law-making as a matter of unbearable and unthinking simplicity, and introduces the term A Populist Monster. The reasons that have led to the problem of this kind of populism and its devastating effects on the quality and development of constitutional democracy and the rule of law are analyzed clearly and critically.


Urban History ◽  
1998 ◽  
Vol 25 (3) ◽  
pp. 289-301 ◽  
Author(s):  
R.J. Morris

ABSTRACTThe concept of civil society provides a useful means of evaluating the social and political relationships of British towns. Civil society refers to the non-prescriptive relationships that lie between the state and kin. Such relationships are associated with the existence of the free market, the rule of law and a strong voluntary associational culture. Both theoretical analysis and historical evidence link civil society with the nature of urban places, their complexity, their function as a central place and their operation as a focus for flows of information. Between 1780 and 1820 the agencies of civil society in Britain provided an arena for making choices, for reasoned informed debate and for the collective provision and consumption of services in an open and pluralist manner.


Yuridika ◽  
2021 ◽  
Vol 36 (1) ◽  
pp. 75
Author(s):  
Herlambang Perdana Wiratraman ◽  
Sébastien Lafrance

This paper explores the similarities and differences in Indonesia and Canada regarding the constitutionally protected freedom of expression. While one may expect that both countries do not have much in common from a general standpoint, both do have several similarities in their approach to the interpretation and application of that freedom. The exercise of freedom of expression is also examined through the spectrum of jurisprudential examples from both countries, more specifically in the context of ‘hate speech’, ‘artistic expression’ and ‘language expression’.In addition, the social reality of both countries underlying the freedom of expression is uncovered. Further, the limitations imposed in both countries on that fundamental freedom are also discussed. Learning from the exercise that consisted in this paper to compare relevant laws of two countries, and despite the differences between their respective legal traditions, this study argues that freedom of expression, in two different countries such as Indonesia and Canada, can play a more effective role in a society with a multicultural character that complies with the rule of law.


2017 ◽  
Vol 5 (1) ◽  
pp. 1-12
Author(s):  
Ramlani Lina Sinaulan

This paper discusses the effort Islamic Law norms in activities for overcoming pornography and porno-action on mass media. By using normative legal research, the result found that the concept of Islamic law, behave based on sharia, shows the importance of shaping the personality traits of Islam (syakhsiyya Islāmiyya) and based on the devotion and faith. Because of the relation to the formulation of the rule of law against pornography behavior, it can not be designed, prepared and formulated based on social values. Based on the facts of society, as a result of the moral decadence that led to a permissive attitude towards their cultural infiltration, the social values in assessing the behavior may become more permissive toward behavior. However, the use of religious norms which have universal properties will not change, and even capable of elastic with the times.


2021 ◽  
pp. 7-16
Author(s):  
Rhoda Olkin

This chapter is a review of the relevant literature on effecting changes in attitudes and behaviors toward people with disabilities. It begins with a discussion of the goals of the book and the activities in the book. There is discussion of the relationship between attitudes and behaviors, and whether a change in one is followed by a change in the other. The core research about the bases of attitudes toward disability and attitude change is reviewed. The move in the past few decades from attention to implicit bias to focus on explicit bias is highlighted. The rationale for not using simulation exercises is provided, as well as the social underpinnings of the activities.


Author(s):  
N. W. Barber

The rule of law requires that law make the differences it purports to make; linking the formal demands of law and the reality of the rules that structure power within a community. The chapter begins by outlining the rule of law. There are two aspects to the principle: first, the rule of law requires that laws be expressed in a way that enable people to obey the law; secondly, the rule of law requires that the social context is such that people are led to obey these rules. The second part of the chapter examines the connection between the rule of law and the state. First, it will be contended that states need to comply—to a degree—with the rule of law in order to exist. Secondly, in societies such as ours, non-state legal orders require the existence of the state, and state legal orders, for their successful operation.


Daedalus ◽  
2014 ◽  
Vol 143 (3) ◽  
pp. 140-156 ◽  
Author(s):  
Susan S. Silbey

In American public imagination, courts are powerful but also impotent. They are guardians of citizens' rights but also agents of corporate wealth; simultaneously the least dangerous branch and the ultimate arbiters of fairness and justice. After recounting the social science literature on the mixed reception of courts in American public culture, this essay explains how the contradictory embrace of courts and law by Americans is not a weakness or flaw, nor a mark of confusion or naïveté. Rather, Americans' paradoxical interpretations of courts and judges sustain rather than undermine our legal institutions. These opposing accounts are a source of institutional durability and power because they combine the historical and widespread aspirations for the rule of law with a pragmatic recognition of the limits of institutional practice; these sundry accounts balance an appreciation for the discipline of legal reasoning with desires for responsive, humane judgment.


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