scholarly journals Dimensões da justificação no discurso legislativo uma abordagem diacrónica

2021 ◽  
pp. 226-258
Author(s):  
Clara Barros
Keyword(s):  
Common Good ◽  
Fundamental Rights ◽  
Favourable Effect ◽  
The Common Good ◽  
Legislative Action ◽  
The Third ◽  
Third Person ◽  
The Common ◽  
Secular Institutions ◽  
The Third Person

this paper I intend to analyse some aspects of the evolution observable in the way the legislative discourse justifies the legal-legislative provisions in legislative texts of different synchronies of the Portuguese language: this is especially apparent when they present statements which contain acts of discourse with justification value.From a comparative and diachronic perspective, I will confront Afonso X’s medieval legislative texts (such as the Portuguese versions of the Primeyra Partida and the Foro Real) with contemporary Portuguese legislative texts. I will attempt to demonstrate that in medieval legislative texts, in addition to the greater extent of the supporting segments, there is also a discursive structure that uses arguments of authority. In Afonso X’s legislative texts royal legislation is conveyed and the Speaker, designated by the first person “we”, is identified with the king, holding a power inherent to this statute. It reaffirms its status as authority and the desirability of royal legislative action and affirms the pragmatic need for the existence of justice by its favourable effect (which is ethically identified with the Common Good).By contrast, contemporary legislative discourse is presented in the third person and this does not designate any individualized subject. The law is stabilized, established in multi-secular institutions and fundamental rights are already guaranteed, and new legislation is generally conjunctural and especially case-by-case legislation. In contemporary legislative formulations there is no discourse of the legitimization of power and the dimension of the supporting segments is smaller.

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 Dobro wspólne okiem socjologa — kilka uwag porządkujących

2017 ◽  
Vol 61 (4) ◽  
pp. 49-63
Author(s):  
Bartosz Mika
Keyword(s):  
Common Good ◽  
Social Good ◽  
The Common Good ◽  
Collective Ownership ◽  
The Third ◽  
Contemporary Sociology ◽  
The Social ◽  
The Common

This text can be defined as an attempt to look at the question of the common good through sociological glasses. The author suggests that many of the issues subsumed under  the term “the common good” have already been elucidated and described in detail on the basis of classical and contemporary sociology. If it is assumed that the common good can be understood triply, as (1) a postulate of the social good, (2) materially, as an object of collective ownership, and (3) as an effect of the individual’s life in society, then it must be admitted that, at least in the third case, reference to the collected achievements of sociology is necessary in order to describe the common good properly.

scholarly journals Fest and revolt In Alboroto y Motín de Indios de México / Fiesta y revuelta en Alboroto y Motín de indios de México

2020 ◽  
pp. 44-56
Author(s):  
Leonor Taiano
Keyword(s):  
Common Good ◽  
New Spain ◽  
Active Role ◽  
17Th Century ◽  
Collective Consciousness ◽  
The Common Good ◽  
The Third ◽  
Starting Point ◽  
The Common

Este estudio examina la manera cómo Carlos de Sigüenza y Góngora describe el binomio fiesta-revuelta en Alboroto y motín de indios de México. La investigación está estructurada en cinco partes. La primera toma como punto de partida el concepto de polis y los órdenes que rigen el bien común. La segunda alude a la percepción del fasto desde las diferentes perspectivas de los miembros de la polis novohispana. La tercera parte analiza la importancia del letrado en la organización virreinal. En la cuarta parte se examina el papel activo de las indias en la organización y desarrollo de la revuelta. Finalmente, en la quinta parte, propongo la existencia de una conciencia colectiva plebeya en el virreinato de Nueva España. A través de este análisis se llega a conclusión de que el motín de 1692 presenta las características propias de las revueltas que tuvieron lugar en los territorios españoles a lo largo del siglo XVII, en los cuales, durante el momento festivo, surgía una acción contestataria que trataba de imponer la isonomía en la polis This research analyses how Carlos de Sigüenza and Góngora describes the dichotomy of festivity-revolt in Alboroto y motín de Indios de México. This study is structured in five parts. The first one takes as its starting point the concept of polis and the regulations for the common good. The second one alludes to the Spanish splendor produced in the different members of Novohispanic polis. The third part analyses the letrado’s function within the viceregal organization. The fourth part examines the active role of Female Indigenous in the revolt’s organization and development. Finally, in the fifth part, I propose the existence of a Plebeian collective consciousness within the viceroyalty of New Spain. Through this analysis, the study concludes that the revolt that took place In 1692 has all the characteristics of the revolts that happened in the Spanish territories throughout the 17th century, in which, during a celebratory event, there could arise insurrectionary actions to impose the isonomia in the polis.

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.

The Ethics of Voting

2019 ◽  
Author(s):  
James Stacey Taylor
Keyword(s):  
Common Good ◽  
Democratic Governance ◽  
The Common Good ◽  
The Third ◽  
Voter Preferences ◽  
Electoral Outcomes ◽  
Political Preferences ◽  
Self Interest ◽  
Individual Vote ◽  
The Common

The first question that is often raised in a discussion of the ethics of voting is whether or not there is a duty to vote. The view that there is a duty to vote is supported by two main arguments. The first holds that since the value of democratic governance is high persons should vote to preserve stable democracy. The second is that there is a duty to vote because if nobody voted the effects would be disastrous. The first of these arguments is criticized by Jason Brennan, who holds that since each individual vote will play little to no role in preserving stable democracy nobody has a duty to vote. The second is criticized by Loren Lomasky and Geoffrey Brennan, who argue that it is incomplete unless its supporters can show that democracy needs everyone to vote to continue. The question of whether there is a duty to vote naturally leads to the question of whether it is permissible for persons to vote in their own self-interest. Jason Brennan argues that persons should only (morally) vote for candidates or policies that they are justified in believing would promote the common good. It is unclear, however, what “the common good” consists of. This discussion of the morality of voting in one’s self-interest leads to the question of whether voting for a politician because she has made campaign promises is morally analogous to a voter selling her vote. In discussing this issue it is important to distinguish between the “restricted” defense of markets in votes (that the purchased votes are to be cast in favor of what the buyer is justified in believing is the common good) and the “unrestricted” defense of such a market (that purchased votes can be cast in any way the buyer pleases). Much of this discussion focuses on the morality of unrestricted markets in votes. Christopher Freiman has offered four main arguments in favor of such a market: (1) that it will make both the buyer and the seller better off; (2) that it is required by respect for voter liberty; (3) that it is relevantly similar to other practices that are currently allowed, such as logrolling; and (4) that it would enable electoral outcomes to better express voter preferences. None of these arguments are persuasive. The first is based on illicitly inferring from the claim that persons would voluntarily buy and sell votes if a market were allowed to the claim that they would thereby desire that this market be allowed. The second argument is flawed because if some persons would prefer that a market not be allowed, this could provide a sufficient reason to restrict their liberty by precluding them from selling their votes. The third argument overlooks important disanalogies between votes traded between voters, and votes traded between legislators. The fourth argument is based on the implausible assumption that vote sellers would not misrepresent their political preferences in a market for votes.

scholarly journals The Role of (Christian) Spirituality in the Economy in the Light of Laudato si'

2019 ◽  
Vol 34 (1) ◽  
pp. 73-86 ◽  
Author(s):  
Ivan Platovnjak
Keyword(s):  
Common Good ◽  
New Economy ◽  
Economic Recovery ◽  
Christian Spirituality ◽  
Economic Crises ◽  
Pope Francis ◽  
The Common Good ◽  
The Third ◽  
The Common

The global economic crises at the beginning of the third millennium revealed the harmful consequences for the whole of society and the environment that the myth of the “deified” economy brings. Many researchers have been encouraged to begin exploring the causes of crises intensively. The author thinks that it is more important to look for ways to implement the economy in a way that serves the common good and a common home. The path to renewal of the economy the author sees described primarily in the direction that Pope Francis presented in the Laudato si'. Therefore, he puts forward the thesis that in the light of Laudato si' (Christian) spirituality plays an important role in the economy. To confirm the thesis, the author briefly defines economics and spirituality. Then follows a presentation of fundamental orientations based on the analysis in Laudato si' that could enable economic recovery. In the end, the author describes how a renewed Christian spirituality and dialogue can help individuals and communities make basic guidelines for a new economy.

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.

scholarly journals Nature of the common good as the foundation of the community

2021 ◽  
Vol XIX (1) ◽  
pp. 49-62
Author(s):  
Karol Jasiński
Keyword(s):  
Common Good ◽  
Political Life ◽  
Common Life ◽  
The Common Good ◽  
The Third ◽  
Starting Point ◽  
Integral Development ◽  
The Subject ◽  
The Common ◽  
Definition Of

The subject of interest of the author of the text is the common good as an inalienable element of the organization of the human community. The paper consists of three parts. The first part analyses the need for a common good as the basis of social and political life. The starting point was the distinction of four forms of common life (community, society, political body and state), defining the nature of society, presentation of three forms of relationship between man and society (individualism, collectivism and personalism) and identifying problems related to the definition of the common good. In the second part, the author presented a reflection on the procedural common good in the liberal tradition, the issue of impartiality and identification of the common good in the process of the debate. In the third part, attention is paid to the personalistic view of the common good, which is based on the integral development of personal human nature in the framework of the appropriate institutions and structures. This understanding of the common good is, in the author’s conviction, the best point of reference in social and political life.

*Sings myself happy birthday*

2018 ◽  
Vol 5 (2) ◽  
pp. 248-270
Author(s):  
Tuija Virtanen
Keyword(s):  
The Self ◽  
Digital Culture ◽  
Primary Concern ◽  
Social Self ◽  
The Third ◽  
Happy Birthday ◽  
Third Person ◽  
The Common ◽  
High Degree ◽  
The Third Person

Abstract This paper explores linguistic egocentrism in English through the lens of virtual performatives, i.e. self-referential stand-alone predications in the third person singular present tense through which users perform virtual action or emotion. The focus is on microblogging for apparently recreational purposes, where visibility, rather than reciprocity, must be a primary concern. Findings show that the common or garden virtual performative consistently relying on an externalized self occasionally turns into a variant where the self is subsequently reassumed, and then again possibly re-externalized within the same construction. The syntactic and discursive systematicity manifest in these constructions forbids treating them as erroneous. The paper discusses the benefits of this way of externalizing and optionally reassuming self, through fluctuation between third-person and first-person references, and touches upon metapragmatic awareness and logophoricity. In creating digital culture, virtual performatives point to users’ pragmatic adaptation of their public, social self to environments manifesting a high degree of context collapse.

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