scholarly journals On Becoming an Official in Sakya’s Aphorisms and Bacon’s Essays

2021 ◽  
Vol 2 (2) ◽  
pp. p12
Author(s):  
Shen Qunying
Keyword(s):  
Comparative Study ◽  
Social Reality ◽  
Traditional Culture ◽  
Political Life ◽  
Social Phenomena ◽  
Literary Works ◽  
Political Views ◽  
The Law ◽  
Correct Path ◽  
The Right

Sakya’s Aphorisms and Bacon’s Essays make a profound observation of social reality, comment on various social phenomena, and convey their rational meditation and political views on social and political life. Here is a comparative study of the two classic literary works with a distance of more than 300 years so as to inherit and carry forward the excellent traditional culture at home and abroad, nourish and enlighten today’s officials to take the right way, follow the law and the correct path of cadre growth, and reserve the corresponding competences.

scholarly journals PEMIKIRAN IBNU KHALDUN TERHADAP FILSAFAT HUKUM ISLAM

2017 ◽  
Vol 2 (2) ◽  
Author(s):  
Abrar
Keyword(s):  
Islamic Law ◽  
Social Reality ◽  
Social Engineering ◽  
The Other ◽  
Social Phenomena ◽  
Ibn Khaldun ◽  
Space And Time ◽  
The Law ◽  
The Difference ◽  
Similarity Law

Abstract: the greatest contribution of Ibn Khaldun to the Philosophy of Islamic Law is his sociology theory. This theory was based on three fundamental laws: first, his stand on the law of cause and effect in social reality, second, the similarity law of social phenomena that are applied in general but not absolute, third, the law of the difference and speciality of social phenomena that are constantly changing and varied in different space and time. These three basic laws became the basic epistemological assumptions in highlighting legal differences due to the difference in space and time. On the other hand, Ibn Khaldun's theory became the basis of the legal application of social engineering, later popularized as social engineering by Roscoe Pound. Abstrak: Konstribusi terbesar Ibn Khaldūn terhadap Filsafat Hukum Islam adalah teorinya tentang sosiologi yang dilandaskan pada tiga hukum dasar. Pertama, pendirian Ibn Khaldūn tentang adanya hukum sebab akibat dalam realitas sosial. Kedua, hukum keserupaan fenomena sosial yang berlaku umum akan tetapi tidak mutlak. Ketiga, hukum perbedaan dan kekhususan fenomena sosial yang terus berubah dan berbeda oleh perbedaan ruang dan waktu. Ketiga hukum dasar di atas menjadi asumsi dasar epistemologis dalam menyorot perbedaan hukum akibat perbedaan ruang dan waktu. Di sisi lain, teori Ibn Khaldūn menjadi dasar keberlakuan hukum sebagai alat rekayasa sosial, yang kemudian dipopulerkan dengan social engineering oleh Roscoe Pound. Kata kunci: Filsafat Hukum Islam, Social Engineering

scholarly journals THE PROBLEMS OF LAW ENFORCEMENT AND IDEAS OF PROPHETIC PARADIGM IN INDONESIA

2018 ◽  
Vol 1 (1) ◽  
pp. 91-114
Author(s):  
Despan Heryansyah ◽  
Muhammad Hidayatullah
Keyword(s):  
Law Enforcement ◽  
Legal System ◽  
Wishful Thinking ◽  
Social Phenomena ◽  
Independent Entity ◽  
The Law ◽  
Enforcement Value ◽  
The Right ◽  
Social Entities ◽  
Sense Of Justice

Law enforcement portraits in Indonesia have not provided encouraging results. The reforms of 1998 in all aspects of the state including law have not always proceeded as planned. The fact that law continues to be legalistic-positivist is a major problem of law enforcement in Indonesia that never succeeded. Therefore, the reconstruction of such thinking model must first be done. As the law is not an independent entity separate from its association with other entities, however, the law is part of the life of society that can not be released away from social entities, politics and so on. The idea of ​​prophetic law is the right solution for the improvement of the Indonesian legal system. The prophetic paradigm is a set of theories that not only describe and transform social phenomena, nor simply change a thing for change, but more than that, it is expected to lead to change on the basis of ethical and prophetic ideals. Where in the basis of the conception of humanization, liberation, and transdensi as stated in the letter of Ali Imron: 110. The prophetic paradigm differs greatly from the positivist paradigm. The transcendence base, humanization orientation and liberation embedded in law enforcement will encourage its existence to always be total in making legal findings (ijtihad al hukmi) objective to be applied to a case. By making the paradigm of prefetics law as the base of law enforcement value in Indonesia, it is expected that law can really give a sense of justice to society which so far only limited to wishful thinking

scholarly journals The effect of abuse of the using of husband for his righ to discipline his wife (comparative study between fiqh and law)

2019 ◽  
pp. 1-41
Author(s):  
Dalia Kadry Abdel Aziz ◽  
◽  
Rehab Moustafa AL sayed ◽  
Keyword(s):  
Comparative Study ◽  
Arab Countries ◽  
Special Effects ◽  
Islamic Jurisprudence ◽  
Personal Status ◽  
The Law ◽  
The Right

We have discussed the position of both Islamic jurisprudence and the law from effect of the effect of abuse of the the using of husband for his righ to discipline his wife , in Islamic jurisprudence, there are special effects that vary according to the method that the husband abused whether preaching, leaving or beating and there are general effects whatever the method used to the discipline of the wife. The personal status laws did not discuss this matter, but we can conclude the right of wife to divorce for this reason through expansion of texts discuss the divorce for damage. The positions of criminal laws in Arab countries differed in the recognition of the right of husband to discipline his wife, there are who explicitly recognize this right and there are who refers the matter to the provisions of Islamic low, and there are who silent about this matter although it mentioned the others reasons for using the right. Western criminal laws did not recognize the right of husband to discipline his wife, so he is fully responsible for any attack on his wife.

scholarly journals Executive force of decisions of arbitration courts

2021 ◽  
pp. 38-48
Author(s):  
D. M. Sibilov
Keyword(s):  
Public Relations ◽  
Scientific Development ◽  
Social Phenomena ◽  
Public Authorities ◽  
Economic Relations ◽  
Legal Nature ◽  
Procedural Code ◽  
The Law ◽  
The Right ◽  
Subjective Rights

Arbitration proceedings have been studied as one of the alternative forms of protection of subjective rights, freedoms and interests of individuals and legal entities, in terms of the implementation of arbitration decisions. Consideration of these issues is related to the analysis of the role of arbitration in public relations, the comparison of judicial functions inherent in courts as public authorities, and the limits of jurisdiction of arbitration courts. The division between judicial functions and the jurisdiction of arbitration courts is important. The legal nature of arbitration decisions differs from the legal nature of decisions of official judicial institutions. At the same time, under the conditions provided by law, they have executive force and can be enforced. Enforcement proceedings are considered as a system of procedural mechanisms for the execution of decisions of courts, other bodies and officials. Decisions of arbitration courts in accordance with the Law of Ukraine "On Arbitration Courts", the Law of Ukraine "On Enforcement Proceedings", the Civil Procedure Code of Ukraine and the Commercial Procedural Code of Ukraine may be enforced subject to review and admission by competent courts. At the same time, a number of issues of their implementation do not have sufficient scientific development. These questions are connected with fundamental understanding of essence of arbitration proceedings, its place in system of mechanisms of protection of the right, features of executive procedures. These issues need comprehensive research and systematization. The urgency of the topic is due to the fact that modern legislation is in dynamic development. Arbitration, as well as other out-of-court procedures for the protection of subjective rights, freedoms and interests, has become widespread in public relations. Legislation needs to be improved, it must respond in a timely, appropriate and harmonious way to the challenges that arise in society. The key to this is the creation of a relevant doctrinal approach in the analysis of social phenomena, mechanisms for protecting the rights, freedoms and interests of the subjects of civil and economic relations. The exercise of their powers by arbitrators presupposes a harmonious combination between the legislation on arbitration courts, procedural legislation and the legislation on enforcement proceedings.

scholarly journals THE PROBLEMS OF LAW ENFORCEMENT AND IDEAS OF PROPHETIC PARADIGM IN INDONESIA

2018 ◽  
Vol 1 (1) ◽  
pp. 91-114
Author(s):  
Despan Heryansyah ◽  
Muhammad Hidayatullah
Keyword(s):  
Law Enforcement ◽  
Legal System ◽  
Wishful Thinking ◽  
Social Phenomena ◽  
Independent Entity ◽  
The Law ◽  
Enforcement Value ◽  
The Right ◽  
Social Entities ◽  
Sense Of Justice

Law enforcement portraits in Indonesia have not provided encouraging results. The reforms of 1998 in all aspects of the state including law have not always proceeded as planned. The fact that law continues to be legalistic-positivist is a major problem of law enforcement in Indonesia that never succeeded. Therefore, the reconstruction of such thinking model must first be done. As the law is not an independent entity separate from its association with other entities, however, the law is part of the life of society that can not be released away from social entities, politics and so on. The idea of ​​prophetic law is the right solution for the improvement of the Indonesian legal system. The prophetic paradigm is a set of theories that not only describe and transform social phenomena, nor simply change a thing for change, but more than that, it is expected to lead to change on the basis of ethical and prophetic ideals. Where in the basis of the conception of humanization, liberation, and transdensi as stated in the letter of Ali Imron: 110. The prophetic paradigm differs greatly from the positivist paradigm. The transcendence base, humanization orientation and liberation embedded in law enforcement will encourage its existence to always be total in making legal findings (ijtihad al hukmi) objective to be applied to a case. By making the paradigm of prefetics law as the base of law enforcement value in Indonesia, it is expected that law can really give a sense of justice to society which so far only limited to wishful thinking

Right to contestation, patron-client networks, and corruption

2012 ◽  
pp. 101-117 ◽  
Author(s):  
P. Orekhovsky
Keyword(s):  
Open Access ◽  
Political Life ◽  
Limited Access ◽  
The Right ◽  
Main Factor

In the paper the nature of Russian corruption is considered along the lines proposed by D. North, J. Wallis, and B. Weingast. The author considers patron-client networks as basic political and economic actors of the limited access order. The redistributive rent allocated within patron-client networks is not a corruption phenomenon. The main factor that is able to destroy patron-client networks and autonomous centers of power is the right to contestation (liberalization) according to R. Dahl. Realization of that right together with the right to participate in political life enables transition to the open access society.

The Politics of Repressed Guilt

2018 ◽  
Author(s):  
Claudia Leeb
Keyword(s):  
Historical Analysis ◽  
Political Life ◽  
Right Wing ◽  
National Socialist ◽  
Theoretical Concepts ◽  
Political Consequences ◽  
Critical Scholarship ◽  
Important Addition ◽  
Defensive Mechanisms ◽  
The Right

Through a critical appropriation of Hannah Arendt, and a more sympathetic engagement with Theodor W. Adorno and psychoanalysis, this book develops a new theoretical approach to understanding Austrians’ repression of their collaboration with National Socialist Germany. Drawing on original, extensive archival research, from court documents on Nazi perpetrators to public controversies on theater plays and museums, the book exposes the defensive mechanisms Austrians have used to repress individual and collective political guilt, which led to their failure to work through their past. It exposes the damaging psychological and political consequences such failure has had and continues to have for Austrian democracy today—such as the continuing electoral growth of the right-wing populist Freedom Party in Austria, which highlights the timeliness of the book. However, the theoretical concepts and practical suggestions the book introduces to counteract the repression of individual and collective political guilt are relevant beyond the Austrian context. It shows us that only when individuals and nations live up to guilt are they in a position to take responsibility for past crimes, show solidarity with the victims of crimes, and prevent the emergence of new crimes. Combining theoretical insights with historical analysis, The Politics of Repressed Guilt is an important addition to critical scholarship that explores the pathological implications of guilt repression for democratic political life.

Palestinian Diaspora Communities in Latin America and Palestinian Statehood

2020 ◽  
Vol 19 (1) ◽  
pp. 101-120
Author(s):  
Yousef M. Aljamal ◽  
Philipp O. Amour
Keyword(s):  
Latin America ◽  
South America ◽  
Latin American ◽  
Economic Life ◽  
Self Determination ◽  
The Political ◽  
Middle Classes ◽  
Latin Americans ◽  
Political Views ◽  
The Right

There are some 700,000 Latin Americans of Palestinian origin, living in fourteen countries of South America. In particular, Palestinian diaspora communities have a considerable presence in Chile, Honduras, and El Salvador. Many members of these communities belong to the professional middle classes, a situation which enables them to play a prominent role in the political and economic life of their countries. The article explores the evolving attitudes of Latin American Palestinians towards the issue of Palestinian statehood. It shows the growing involvement of these communities in Palestinian affairs and their contribution in recent years towards the wide recognition of Palestinian rights — including the right to self-determination and statehood — in Latin America. But the political views of members of these communities also differ considerably about the form and substance of a Palestinian statehood and on the issue of a two-states versus one-state solution.

The Second Red Scare and the Unmaking of the New Deal Left

2012 ◽  
Author(s):  
Landon R. Y. Storrs
Keyword(s):  
New Deal ◽  
Red Scare ◽  
Loyalty Program ◽  
Federal Employee ◽  
The Great Depression ◽  
Policy Ideas ◽  
Political Views ◽  
Consumer Movements ◽  
The Right ◽  
The New Deal

The loyalty investigations triggered by the Red Scare of the 1940s and 1950s marginalized many talented women and men who had entered government service during the Great Depression seeking to promote social democracy as a means to economic reform. Their influence over New Deal policymaking and their alliances with progressive labor and consumer movements elicited a powerful reaction from conservatives, who accused them of being subversives. This book draws on newly declassified records of the federal employee loyalty program—created in response to fears that Communists were infiltrating the U.S. government—to reveal how disloyalty charges were used to silence these New Dealers and discredit their policies. Because loyalty investigators rarely distinguished between Communists and other leftists, many noncommunist leftists were forced to leave government or deny their political views. This book finds that loyalty defendants were more numerous at higher ranks of the civil service than previously thought, and that many were women, or men with accomplished leftist wives. Uncovering a forceful left-feminist presence in the New Deal, the book shows how opponents on the Right exploited popular hostility to powerful women and their “effeminate” spouses. The loyalty program not only destroyed many promising careers, it prohibited discussion of social democratic policy ideas in government circles, narrowing the scope of political discourse to this day. This book demonstrates how the Second Red Scare undermined the reform potential of the New Deal and crippled the American welfare state.

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