scholarly journals Individual and Social in L.I. Petrazhitsky's Philosophy of Law

2021 ◽  
Vol 25 (3) ◽  
pp. 513-523
Author(s):  
Leonid Yu. Kornilaev
Keyword(s):  
Social Order ◽  
Social Life ◽  
Legal Theory ◽  
Psychological Theory ◽  
Life Forms ◽  
Mental Life ◽  
Emotional Life ◽  
The Social ◽  
The Law ◽  
Theory Of Law

Along with competing legal concepts of positivism and gnoseologism in the second half of the 19th century, a direction of legal psychology was formed, within which the psychological theory of law by the Russian and Polish lawyer L.I. Petrazhitsky takes a prominent place. L.I. Petrazhitsky's legal theory interprets the law as a mental phenomenon in a person's mind. The mental life forms the internal and external legal behavior. Studying the law becomes possible only by analyzing the subject's particular kind of emotional life - legal experience. Our focus on the individual's emotional world gives us reason to think of the theory as individualistic, i.e., close to the subject's mental life. At the same time, the Russian lawyer's psychological doctrine also gains explanatory potential for scrutinizing social life. It contains ideas that reveal such mechanisms of social functioning as the affirmation of the ideal of love as the ultimate goal of law-making, the priority of unofficial law in the life of society, and a specific interpretation of public and private law. The system of legal emotions is carried out on the social niveau and establishes such values as love and social order. The article reconstructs the main provisions of Petrazhitsky's psychological theory of law from the point of view of the interaction of its individual and social sides. The social potential of the Russian lawyer's theory appears capable of supplementing and explaining the ideas of socialism and sobornost discussed widely at the turn of the 19th and 20th centuries. Petrazhitsky's individualistic doctrine appears as a flexible concept, capable of fitting organically into various philosophical and sociological contexts.

scholarly journals Essay on Politica (Politics and Policy) Once Again

2019 ◽  
Vol 7 (2) ◽  
pp. 96-105
Author(s):  
Andrzej Czajowski
Keyword(s):  
Energy Policy ◽  
Political Thought ◽  
Legal Theory ◽  
Psychological Theory ◽  
Science Literature ◽  
Human Needs ◽  
Term Energy ◽  
The Law ◽  
Theory Of Law

AbstractThough the term “policy” has already been discussed extensively before, it appears to be in need of a critical review in meaning and context. In this essay, the criticism stems from the term “policy of the law”, which was introduced into the political science literature over 120 years ago by Leon Petrażycki, the outstanding creator of psychological theory of the law and the only world-known Polish lawyer. The term itself is false and incorrect as it’s equal to the term “policy of the policy”. Law is a political phenomenon cocreating policy. In addition, the concept of policy of the law is characterised by idealism bordering on naivety. Because of the place of L. Petrażycki in Polish tradition of the theory of law, references to his concept of policy of the law are made constantly in an attempt to apply this concept in scientific and practical considerations. It is time to leave it to the domain of history of legal theory.Another criticism was brought about by the title of the third chapter of Polish Energy Law Act — “Energy Policy”. This entire act and a number of other legal acts regulating the acquisition of energy sources and energy management comprise energy policy. The energy policy also includes various types of programs, actions and decisions of the participants of energy policy. The criticism of the incompetent use of the term “energy policy” is an opportunity to stress the role of policy in the process of meeting human needs.Thirdly, the term “policy” is determined by discussing an element of its structure: political thought. The essay presents the role of political thought in relation to economy, culture, independence, systems and other domains of human activity. The understanding of political thought as a reflection on policy or views on policy is questioned here. Political thought is not a reflection about the policy. Instead, political thought is a political decision which cocreates policy. It is a postulative decision resulting from scientific or common reflection on policy.

Pragmatic Reconstruction in Jurisprudence: Features of a Realistic Legal Theory

2021 ◽  
Vol 34 (1) ◽  
pp. 171-202
Author(s):  
Brian Z. Tamanaha
Keyword(s):  
Twentieth Century ◽  
Coercive Force ◽  
Social Life ◽  
Conceptual Analysis ◽  
Legal Theory ◽  
A Priori ◽  
Planning System ◽  
Universal Feature ◽  
Moral Problems ◽  
Theory Of Law

A century ago the pragmatists called for reconstruction in philosophy. Philosophy at the time was occupied with conceptual analysis, abstractions, a priori analysis, and the pursuit of necessary, universal truths. Pragmatists argued that philosophy instead should center on the pressing problems of the day, which requires theorists to pay attention to social complexity, variation, change, power, consequences, and other concrete aspects of social life. The parallels between philosophy then and jurisprudence today are striking, as I show, calling for a pragmatism-informed theory of law within contemporary jurisprudence. In the wake of H.L.A. Hart’s mid-century turn to conceptual analysis, “during the course of the twentieth century, the boundaries of jurisprudential inquiry were progressively narrowed.”1 Jurisprudence today is dominated by legal philosophers engaged in conceptual analysis built on intuitions, seeking to identify essential features and timeless truths about law. In the pursuit of these objectives, they detach law from its social and historical moorings, they ignore variation and change, they drastically reduce law to a singular phenomenon—like a coercive planning system for difficult moral problems2—and they deny that coercive force is a universal feature of law, among other ways in which they depart from the reality of law; a few prominent jurisprudents even proffer arguments that invoke aliens or societies of angels.

The social uses of the law at a Soweto garbage dump: Reclaiming the law and the state in the informal economy

2016 ◽  
Vol 65 (2) ◽  
pp. 222-234 ◽  
Author(s):  
Melanie Samson
Keyword(s):  
Informal Economy ◽  
Research Agenda ◽  
Legal Theory ◽  
Social World ◽  
The State ◽  
Informal Workers ◽  
The Social ◽  
Critical Legal Theory ◽  
The Law ◽  
Social Uses

The informal economy is typically understood as being outside the law. However, this article develops the concept ‘social uses of the law’ to interrogate how informal workers understand, engage and deploy the law, facilitating the development of more nuanced theorizations of both the informal economy and the law. The article explores how a legal victory over the Johannesburg Council by reclaimers of reusable and recyclable materials at the Marie Louise landfill in Soweto, South Africa shaped their subjectivities and became bound up in struggles between reclaimers at the dump. Engaging with critical legal theory, the author argues that in a social world where most people do not read, understand, or cite court rulings, the ‘social uses of the law’ can be of greater import than the actual judgement. This does not, however, render the state absent, as the assertion that the court sanctioned particular claims and rights is central to the reclaimers’ social uses of the law. Through the social uses of the law, these reclaimers force us to consider how and why the law, one of the cornerstones of state formation, cannot be separated from the informal ways it is understood and deployed. The article concludes by sketching a research agenda that can assist in developing a more relational understanding of the law and the informal economy.

The Persistence of Formalism: Towards a Situated Critique beyond the Classic Separation of Powers

2010 ◽  
Vol 3 (2) ◽  
Author(s):  
Jose R. Rodriguez
Keyword(s):  
Social Relations ◽  
Social Practice ◽  
Legal Theory ◽  
Separation Of Powers ◽  
Academic Research ◽  
The Social ◽  
Critical Legal Theory ◽  
Theory Of Law ◽  
General Method

Formalism persists everywhere despite 100 years of critical legal theory. The reasons for that are sociological and political and include the persistence of the separation of powers idea as a central concept for the theory of law. In Brazil, this phenomenon manifests itself acutely for two supplementary reasons: (1) the lack of a real differentiation between academic research and professional lawyering and (2) the influence of neo-liberal economic thought.The persistence of formalism is a serious problem for Brazilian development since it naturalizes the existing institutions and their related power positions, creating an obstacle to any project of development that proposes something new. It blocks the development of a critical and reflexive knowledge on institutions, shortening institutional imagination to projects that could transform Brazilian reality.The main objective of this article is to develop a critique of formalism useful both as a general method to criticize formalism and as a tool to criticize its Brazilian manifestation. It will be argued here that the critique of formalism fails when it is only theoretical. An efficient critique must also grasp the ideas and the social relations responsible to reproduce formalism as a conceptual idea that informs social practices.To do that, this article will first propose a characterization of Brazilian formalism that does not fit in the Formalism X Instrumentalism dichotomy and is more adequate to grasp how law rationality works in countries from the Continental Law tradition. Afterwards, it will identify the power positions and the respective ideologies responsible to reproduce formalism in Brazil, giving criticism a sociological basis. Finally, it will show that only a positive view of what law should be will able to overcome formalism, both as a philosophical idea and as a social practice. In its final part, a sketch of such a view will be presented.

scholarly journals Social commissioning in the sphere of social services provision

2021 ◽  
Vol 66 ◽  
pp. 113-117
Author(s):  
M.O. Buk
Keyword(s):  
Social Services ◽  
Social Order ◽  
Social Care ◽  
Social Issues ◽  
Public Procurement ◽  
The State ◽  
The Social ◽  
The Law ◽  
Definition Of ◽  
State Regional

This article is dedicated to the analysis of the essential hallmarks of social services procurement. The attention is focused on the absence of the unity of the scientists’ thoughts as for the definition of the term “social procurement”. It has been determined that in the foreign scientific literature the scientists to denote the term “social procurement” use the notions “social contracting”, “social order” and “social commissioning”, and they use these notions with slightly different meanings. Therefore, the notion “social procurement” is defined as: 1) activity of a country; 2) form of the state support; 3) complex of measures; 4) legal mechanism. The article has grounded the expediency of the definition of social procurement in the legal relations of social care as a special legal way to influence the behavior of the parties of the social care legal relations. The publication advocates the idea that social procurement is one of the conditions for the rise of the state and private sectors partnership. The state-private partnership in the legal relations regarding the provision of social services is proposed to be defined as cooperation between Ukraine, AR of Crimea, territorial communities represented by the competent state bodies, self-government bodies (authorized bodies in the sphere of social services provision) and legal entities, but for the state and municipal enterprises and establishments, and organizations (providers of social services) regarding the provision of social services, which is carried out on the basis of an agreement and under the procedure set by the Law of Ukraine “On Social Services” and other legal acts that regulate the social care legal relations. The article substantiates the thesis that the subject of the social procurement is social services and resolution of social issues of the state/regional/local levels in the aspect of the satisfaction of the needs of people/families for social services (state/regional/local programs of social services). It has been determined that the main forms of realization of the social procurement in the social care legal relations are public procurements of social services and financing of the state/regional/local programs of social services. The public procurement of social services is carried out under the procedure set by the Law of Ukraine “On  Public Procurement” taking into account the special features determined by the Law of Ukraine “On Social Services”. The social procurement in the form of financing of the state/regional/local programs of social services is decided upon the results of the tender announced by a client according to the plan for realization of the corresponding target program.

Kajian Aspek Moral Pada Buku Kumpulan Dongeng Si Kancil Karya Mb Rahimsyah Ar (Buku Pegangan para Bunda untuk Mendongeng Kepada Si buah hati)

2020 ◽  
Vol 21 (2) ◽  
pp. 44-47
Author(s):  
Siti Karomah ◽  
Agus Hermawan
Keyword(s):  
Short Stories ◽  
Short Story ◽  
Fairy Tales ◽  
Social Life ◽  
Literary Work ◽  
Life Forms ◽  
Social World ◽  
Literary Works ◽  
The Social

Abstract— Literary work, directly or indirectly, is the realization and imagination of the author as a reflection and the reality that the author gets from society. Literary works can be found through the life forms of society. Thus, literary works cannot be separated from the elements around them. Literary work along its journey always implicate man, humanity, life, and life. In essence, literary works are born for the surrounding community. Literary works are the products of authors who live in the social world. That way, short story literary works in the form of fairy tales are the author's imaginative world that is always related to social life. There are interesting things that are given to our children to change attitudes and daily ethics. Keywords—: Literary works; short stories; fairy tales.

Genealogies of the Global

2006 ◽  
Vol 23 (2-3) ◽  
pp. 387-392 ◽  
Author(s):  
Mike Featherstone
Keyword(s):  
Social Life ◽  
Life Forms ◽  
Linear Process ◽  
Human Beings ◽  
Global Knowledge ◽  
Global Village ◽  
Academic Knowledge ◽  
The Social ◽  
The World ◽  
The Media

The term global suggests all-inclusiveness and brings to mind connectivity, a notion that gained a boost from Marshall McLuhan's reference to the mass-mediated ‘global village’. In the past decade it has rapidly become part of the everyday vocabulary not only of academics and business people, but also has circulated widely in the media in various parts of the world. There have also been the beginnings of political movements against globalization and proposals for ‘de-globalization’ and ‘alternative globalizations’, projects to re-define the global. In effect, the terminology has globalized and globalization is varyingly lauded, reviled and debated around the world. The rationale of much previous thinking on humanity in the social sciences has been to assume a linear process of social integration, as more and more people are drawn into a widening circle of interdependencies in the movement to larger units, but the new forms of binding together of social life necessitate the development of new forms of global knowledge which go beyond the old classifications. It is also in this sense that the tightening of the interdependency chains between human beings, and also between human beings and other life forms, suggests we need to think about the relevance of academic knowledge to the emergent global public sphere.

A CONSTRUÇÃO VISUAL DE UM TERRITORIO COLONIAL: o fundo fotográfico da Companhia de Moçambique (1892-1942)

2016 ◽  
Vol 13 (22) ◽  
pp. 152-162
Author(s):  
NADIA VARGAFTIG
Keyword(s):  
Social Life ◽  
Geographical Origin ◽  
Visual Studies ◽  
International Context ◽  
Thematic Content ◽  
Colonial Society ◽  
The Social ◽  
The Law

Este artigo pretende introduzir e apresentar a parte fotográfica do Arquivo da Companhia de Moçambique, acervo depositado há 15 anos no Arquivo da Torre do Tombo em Lisboa. Fornecendo algumas informações relativas á  sua produção, conservação e indexação, assim como outras de ordem estatá­stica (origem geográfica, conteúdo temático, data de produção), gostará­amos de salientar seu valor para o pesquisador interessado em estudos visuais da dominação colonial em contexto luso-imperial, mostrando a diversidade das funções do clichê. Instrumento de estudo técnico e cientá­fico, ilustração da vida social na colónia central de Moçambique, suporte de propaganda e comunicação, a fotografia produzida entre o fim da década dos anos 1880 e 1942 merece a atenção, quando utilizada com a máxima atenção dada ao contexto local, regional, imperial e internacional, principalmente quando se trata de uma instituição há­brida como a Companhia de Moçambique, portuguesa pela lei, franco-britá¢nica pelos capitais, que administrou e controlou Moçambique central, mantendo relações complexas com o Estado português, a sociedade colonial e os interesses capitalistas norte-europeus.Palavras-chave: Companhia de Moçambique. Arquivo fotográfico. Propaganda.VISUAL CONSTRUCTION OF A COLONIAL TERRITORY:  the photographic collection of Mozambique Company (1892-1942)Abstract: This article aims to introduce the photographic part of the Mozambique Companhy Files , which has been incorporated 15 years ago in the Files of ”Torre do Tombo”, in Lisbon. Providing some information concerning to its production ,conservation and organization, as well as others on the statistic field (geographical origin, thematic content and year of production) we”™d like to underline its value for researchers who are interested in visual studies applied to colonial domination in Portuguese imperial context, showing how diverse are the functions of the cliché. Tool for technical and scientific studies, illustration of the social life in the central colony of Mozambique, support of propaganda and communication, the photography produced between the end of the decade of the 1880”™s and 1942, deserves our attention, when it is analysed focusing on local, regional, imperial and international context, particularly for such an hybrid institution, portuguese by the law, french-british by the investments which administrated and controled the central of Mozambique, maintaining complex relations with the Portuguese state, the colonial society and capitalist North-European interests.Keywords:  Mozambique Company. Photographic File archive. Propaganda.  Construcción visual de un territorio colonial:  la colección fotográfica de la  Compañá­a de Mozambique (1892-1942)Resumen:  Este artá­culo pretende introducir la parte fotográfica del Archivo de la Compañá­a de Mozambique, que se ha incorporado hace 15 años al Archivo de la Torre do Tombo, en Lisboa. Al dar algunas informaciones sobre sus condiciones de producción, conservación e indexación, y otras relativas a las estadá­sticas (origen geográfico, contenido temático y fecha de producción), queremos subrayar su valor para el investigador interesado en los estudios visuales aplicados a la dominación colonial en contexto luso-imperial, mostrando la diversidad de las funciones del cliché. Herramienta para estudio técnico y cientá­fico, ilustración de la vida social en la colonia central de Mozambique, apoyo a la propaganda y la comunicación, la fotografá­a producida entre finales de la década de 1880 y 1942 merece nuestra atención, cuando utilizada enfocando el contexto local, regional, imperial e internacional, en particular para una institución tan há­brida como la Compañá­a de Mozambique, portuguesa por la ley, franco-británica por los capitales, que administró y controló Mozambique central, manteniendo relaciones complejas con el Estado portugués, la sociedad colonial y los intereses capitalistas norte-europeos.Palabras-claves:  Compañá­a de Mozambique. Archivo fotográfico. Propaganda.  

scholarly journals Dialog Pemikiran Tentang Norma Riba, Bunga Bank, Dan Bagi Hasil di Kalangan Ulama

2020 ◽  
Vol 19 (2) ◽  
pp. 247-264
Author(s):  
Hisam Ahyani ◽  
Dian Permana ◽  
Agus Yosep Abduloh
Keyword(s):  
Social Life ◽  
Social Impact ◽  
Profit Sharing ◽  
Effective Measure ◽  
The Social ◽  
The Law ◽  
The Rich ◽  
The Interest Rate ◽  
Mutual Tolerance ◽  
The Impact

This research found that the Norma of Riba in Islamic Economics is a khilafiyah problem as well as the law of Bank Interest, in principle, mutual tolerance and mutual respect and respect for inter-opinions must be put forward. This is because each group of ulama has devoted their energy to seeking the law of the problem, and in the end their opinion remains different. Profit sharing norms in Islamic economics are an innovative step in an Islamic economy that is not only in accordance with people's behavior, but more than that profit sharing is a social balance step in obtaining economic opportunities. Thus, the profit sharing system can be seen as a more effective measure to prevent conflict between the rich and the poor from occurring in social life. The impact of Bank Interest (Riba) on the Country's Economy, among others, has an impact on several sectors including the Economic Impact. The higher the interest rate, the higher the price to be set on an item. Social Impact, the social impact of society related to Riba in terms of unfair income. Impact of Company Resilience, only companies that have resilience will survive

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