scholarly journals Hukum Pembangunan dari Mochtar Kusuma-atmadja: Mengarahkan Pembangunan atau Mengabdi pada Pembangunan?

2019 ◽  
Vol 1 (2) ◽  
pp. 363-392
Author(s):  
M. Zulfa Aulia
Keyword(s):  
Social Engineering ◽  
Social Changes ◽  
Legal Thought ◽  
Development Agenda ◽  
The Face ◽  
Ongoing Development ◽  
The Law ◽  
Conservative Function ◽  
Direct Change

This article discusses Hukum Pembangunan (the Law of Development), a legal thought from Mochtar Kusuma-atmadja. The concept of hukum pembangunaan was beckgrounded with the concern about the role of law that showed malaise in a developing society. In order for the law to have a contribution in development, the law is not sufficiently functioned to maintain the orderliness of people’s lives, a conservative function, but also must be empowered to direct change and development in order. Thus the law can be a tool of social engineering. To carry out such functions, hukum pembangunan encourages the need to legal guidance which includes legal reform in the legal field that is neutral in terms of culture and religion, and legal education directed at improving technical and professional capabilities. This article shows that hukum pembangunan is a legal thought that is practically urgent in the face of increasingly complex social changes and an ongoing development agenda, and therefore will be relevant at all times. However, the unclearly criteria about what changes or developments need to be supported by law, while the character of the legal product is determined by the ongoing political constellation, causes the projection of hukum pembangunan to be easily trapped in the wills of development or power, rather than merely directing development. Abstrak Artikel ini membahas hukum pembangunan, sebuah pemikiran hukum dari Mochtar Kusuma-atmadja. Konsep hukum pembangunan bermula dari keprihatinan Sang Tokoh terhadap peranan hukum yang menunjukkan kelesuan dalam masyarakat yang sedang membangun. Agar punya kontribusi dalam pembangunan, maka hukum tidak cukup difungsikan sebatas menjaga ketertiban kehidupan masyarakat, suatu fungsi yang konservatif, melainkan juga harus diberdayakan untuk mengarahkan perubahan dan pembangunan supaya berlangsung secara teratur dan tertib. Hukum dengan begitu dapat menjadi alat atau sarana dalam pembangunan. Untuk menjalankan fungsi demikian, hukum pembangunan mendorong perlu dilakukannya pembinaan hukum nasional yang meliputi antara lain pembaruan hukum pada bidang yang netral dari segi kebudayaan dan keagamaan, serta pendidikan hukum yang diarahkan pada peningkatan kemampuan teknis dan profesional. Artikel ini menunjukkan, hukum pembangunan merupakan pemikiran hukum yang secara praksis penting dalam menghadapi berbagai perubahan sosial yang semakin kompleks dan agenda pembangunan yang terus berlangsung, dan karenanya akan relevan dalam setiap masa. Namun demikian, ketidakjelasan kriteria perubahan atau pembangunan seperti apa yang perlu didukung dengan bersaranakan hukum, sementara di sisi lain karakter produk hukum itu dipengaruhi oleh konstelasi politik yang tengah berlangsung, menyebabkan proyeksi hukum pembangunan bisa dan mudah terjebak pada kehendak-kehendak pembangunan atau kekuasaan, dan bukan sekadar mengarahkan pembangunan.

Regulation

2020 ◽  
pp. 372-381
Author(s):  
Lawrence Gostin
Keyword(s):  
Public Health ◽  
International Law ◽  
Legal Change ◽  
The Face ◽  
Public Health Officials ◽  
The Law ◽  
The Impact

The objectives of this chapter are to help you understand: the impact of legislation, regulations, and litigation on the public’s health; the powers, duties, and restraints imposed by the law on public health officials; the potential of legal change to improve the public’s health; the role of international law and institutions in securing public health in the face of increasing globalization.

Intention vs. Negligence

2019 ◽  
pp. 175-184
Author(s):  
George P. Fletcher
Keyword(s):  
Mental State ◽  
Common Law ◽  
Mens Rea ◽  
Criminal Cases ◽  
Reasonable Person ◽  
The Face ◽  
The Common ◽  
The Law

This chapter explores the role of mental state in criminal cases, considering the concept of negligence. Lawyers trained in the common law tradition are familiar with the concept of mens rea and the maxim actus non facit reus nisi mens sit rea. Literally this means that there is no criminal (or guilty) act without a criminal (or guilty) mind. The problem is that there are both descriptive and normative interpretations of mens rea and of the maxim. The normative or moral interpretation of mens rea holds that the term equivalent to a guilty mind, for example, a basis for blaming the actor for their conduct, is something not possible in the face of the defenses considered in the last chapter. Meanwhile, negligence is based, as in the classic definition from the law of torts, on the conduct of “a reasonable person under the circumstances.” The important point is that negligence is based on the fault of not knowing.

Language and Power: The Dragoman as a Link in the Chain Between the Law of Nations and the Ottoman Empire

2020 ◽  
Vol 22 (1) ◽  
pp. 50-74
Author(s):  
Zülâl Muslu
Keyword(s):  
Nineteenth Century ◽  
International Law ◽  
Ottoman Empire ◽  
Linguistic Meaning ◽  
Legal Thought ◽  
Language And Power ◽  
Law Of Nations ◽  
Professional Body ◽  
The Law

Abstract The paper attempts to take a different look into the Law of Nations through the role of dragomans (official translators) in the making of modern International law. Addressing the power of language above its mere linguistic meaning, also considering the way it is taught, socially shaped, productive and lasting, this paper intends to illustrate the general epistemic framework governing dragomans as an original social and professional body in order to better understand their unforeseen impact on the Ottoman understanding of and integration into modern international law. The paper argues that legal transformations are also the result of legal translations, which intrinsically imply the cultural and social backgrounds of the translators. It discusses how the progressive formation of the cosmopolitan professional body of dragomans led to both develop a bolted technicality and contribute to the uniformization of legal thought and language by the nineteenth century.

scholarly journals Development priorities for African universities

2015 ◽  
Vol 7 (2) ◽  
pp. 61-74 ◽  
Author(s):  
Narend Baijnath ◽  
Geneviève James
Keyword(s):  
Indigenous Knowledge ◽  
Human Development ◽  
Power Relations ◽  
Successful Development ◽  
Historical Legacy ◽  
Development Agenda ◽  
Transformative Action ◽  
The Face ◽  
Powerful Stimulus

African knowledge remains at best on the margins, struggling for an epistemological foothold in the face of an ever dominant Western canon. At worst, African knowledge is disparaged, depreciated, and dismissed. It is often ignored even by African scholars who, having gained control of the academy in the postcolonial context, seemingly remain mesmerized by the Western canon in most dimensions of thought, inquiry, theorization, culture (classical as well as popular), and ideology. Such is the hegemonic influence of historical legacy and current power relations in the production and dissemination of knowledge. This paper argues that African knowledge, given appropriate impetus, can serve as a powerful stimulus to development. Against the backdrop of intractable development challenges, the paper will explore the role of African universities in the creation, dissemination, and support of African knowledge; and the preservation of indigenous knowledge. Since a scholarly effort towards integrating an African ethos into discourse, consciousness, and praxis is critical, this paper will consider transformative action for African human development and outline key priorities for African universities to position African knowledge for successful development effectively, and thereby provide an alternative canonical perspective more resonant with the aspirations, interests, and development agenda of the continent.

scholarly journals Perbandingan Pengembangan Asuransi Syariah di Indonesia dan Malaysia (Analisis Aliran Mazhab Sejarah dan Law as a Tool of Social Engineering)

2020 ◽  
Vol 5 (1) ◽  
pp. 37-57
Author(s):  
Inneke Wahyu Agustin
Keyword(s):  
Social Control ◽  
Insurance Industry ◽  
Social Engineering ◽  
Comparative Approach ◽  
History Of ◽  
The Law ◽  
Islamic Insurance ◽  
Historical Flow

This research discusses the development of Islamic insurance or known as takaful. The focus of discussion on sharia insurance in Indonesia and Malaysia by tracing the history of regulation and the growth of the industry. These two things are compared with the conclusion that you can understand the factors that cause differences in the development of Islamic insurance in Indonesia and Malaysia. With a comparative approach, the conclusion is that Islamic insurance regulations in Indonesia and Malaysia are formed based on the soul of the nation by historical flow of law. Have the same foundation, but Indonesia is slower in responding to regulations. As a result, the growth of the Islamic insurance industry in Indonesia lags behind that of Malaysia. The basic couse is due to the role of law in Indonesia is less responsive because the law acts as a means of social control, for changes in Islamic insurance to be more developed.

scholarly journals O Papel Atual das Escolas de Direito Ante as Mudanças Sociais e as Exigências Jurídicas do Mundo Pós-Moderno

2017 ◽  
Vol 12 (1) ◽  
Author(s):  
Marcus Geandré Nakano Ramiro ◽  
Suelyn Moraes Giordani
Keyword(s):  
Common Good ◽  
Legal Education ◽  
Social Changes ◽  
Law Schools ◽  
Legal Requirements ◽  
The Face ◽  
The Common ◽  
Democratic Rule ◽  
Education In Brazil

O PAPEL ATUAL DAS ESCOLAS DE DIREITO ANTE AS MUDANÇAS SOCIAIS E AS EXIGÊNCIAS JURÍDICAS DO MUNDO PÓS-MODERNO  THE CURRENT ROLE OF THE LAW SCHOOLS IN FRONT OF SOCIAL CHANGES AND THE LEGAL REQUIREMENTS OF THE POSTMODERN WORLD  Marcus Geandré Nakano Ramiro*Suelyn Moraes Giordani**  RESUMO: Este artigo apresenta uma breve análise sobre a educação jurídica no Brasil, destacando as deficiências de suas Escolas de Direito ante as grandes mudanças sociais e as exigências jurídicas atuais. Demonstra ainda a necessidade do desenvolvimento conjunto dos enfoques zetético e dogmático do fenômeno jurídico como caminho para a compreensão do bem comum e consequente colaboração na consolidação do Estado Democrático de Direito. PALAVRAS-CHAVE: Educação Jurídica. Cursos de Direito. Exigências Jurídicas Atuais. Enfoque Zetético. ABSTRACT: This article presents a brief analysis on legal education in Brazil, highlighting the deficiencies of its Law Schools in the face of major social changes and current legal requirements. It also demonstrates the need to jointly develop the zetetic and dogmatic approaches to the juridical phenomenon as a way to understand the common good and consequent collaboration in the consolidation of the Democratic Rule of Law. KEYWORDS: Legal Education. Law Courses. Current Legal Requirements. Zetetic Aproach. SUMÁRIO: Introdução. 1 As Deficiências Atuais das Escolas de Direito Brasileiras. 2 As Mudanças Sociais e as Exigências Jurídicas Atuais. 3 O Enfoque Zetético e Dogmático do Fenômeno Jurídico. 4 A Busca pelo Bem Comum como um dos Pressupostos à Consolidação do Estado Democrático de Direito. Considerações Finais. Referências.* Doutor e Mestre em Filosofia do Direito e do Estado pela Pontifícia Universidade Católica de São Paulo (PUC-SP). Professor e Coordenador do Curso de Direito da Pontifícia Universidade Católica do Paraná (PUC-PR), campus Maringá. Conselheiro e Presidente da Comissão de Educação Jurídica da Subseção Maringá da Ordem dos Advogados do Brasil (OAB/PR).** Bacharel em Direito pela Pontifícia Universidade Católica do Paraná (PUC-PR). 

Regulation

2013 ◽  
pp. 328-336
Author(s):  
Lawrence Gostin
Keyword(s):  
Public Health ◽  
International Law ◽  
Legal Change ◽  
The Face ◽  
Public Health Officials ◽  
The Law ◽  
The Impact

The objectives of this chapter are to help you understand the impact of legislation, regulations, and litigation on the public’s health, the powers, duties, and restraints imposed by the law on public health officials, the potential of legal change to improve the public’s health, andthe role of international law in securing public health in the face of increasing globalization.

Shame (Ḥayāʾ) as an Affective Disposition in Islamic Legal Thought

2014 ◽  
Vol 3 (2) ◽  
pp. 139-169
Author(s):  
Marion Holmes Katz
Keyword(s):  
Social Functioning ◽  
Islamic Law ◽  
Legal Thought ◽  
Affective Disposition ◽  
The Law ◽  
Substantive Law ◽  
The Ideal

The recent “ethical turn” in the study of Islamic law has directed much attention to the cultivation of “virtuous passions” as central to the project of the classical Sharīʿa. This model has been particularly salient in the study of normative rituals, and some scholars have extended it to encompass much broader social and disciplinary aspects of the ideal Sharʿī order. The present paper focuses on the concept of ḥayāʾ (shame), understood as the fear of moral or social disapprobation, which is arguably the affective trait Muslim thinkers saw as most fundamental to proper social functioning and adherence to the law. The article compares the treatment of ḥayāʾ in ethical and legal works of scholars of the Shāfiʿī legal school in the 11th to early 12th centuries and argues that works of substantive law pursued a deliberately minimal approach to the role of affect.

Rola senatorów w sejmach Rzeczypospolitej

2021 ◽  
Vol 6(167) ◽  
pp. 195-222
Author(s):  
Andrzej Stroynowski
Keyword(s):  
Seventeenth Century ◽  
The Face ◽  
Legislative Activity ◽  
The Law ◽  
Chamber Of Deputies

During the three centuries of the functioning of the Sejm of the Commonwealth the role of the senators continued to change. Initially, they fulfilled chiefly the function of the royal council, predominantly advising the king and forcing through approval of decisions made at nobility sejmiks. At the same time, they constituted the second chamber of the Sejm, whose legislative rights were gradually reduced in the course of the Executionist (execution-of-the-law) Movement aimed at the emancipation of the nobility and represented primarily in the Chamber of Deputies. Already at that time strivings of the senators began to change by focusing on building up their position in the nobility-dominated provinces and declaring themselves defenders against the threat of royal absolutism. As a result, the involvement of the senators in the work conducted by the seventeenth-century Sejm diminished, a process expressed in low attendance and negligible fulfilment of the duties of presenting wota (opinions and commentaries), the work performed by resident senators, and taking part in Senate councils. Not until the King Stanisław Augustus era did the Sejm revive and the role played by the senators grow. The senators now gained influence upon the then established Permanent Council, via which they could control the executive and jurisdiction. Moreover, they became the support of royal-ambassadorial rule. By the time of the Four-Year Sejm their position collapsed in the face of rising patriotic and republican attitudes in the Chamber of Deputies. As a result, it was decided to radically limit the number of senators and their impact upon legislative activity, a resolution upheld also by the last Sejm held in Grodno. These resolutions, which to a great extent limited the role played by the senators, did not come into force.

Sign in / Sign up

Export Citation Format

Share Document