The lives of subjects

2011 ◽  
Author(s):  
Annabel S. Brett
Keyword(s):  
Common Good ◽  
Body Politic ◽  
The State ◽  
The Body ◽  
Ontological Status ◽  
The Common ◽  
The Law ◽  
The Individual ◽  
Relationship Of ◽  
The Relationship

This chapter discusses the relationship of the state to its subjects as necessarily physically embodied beings. The primary way in which the commonwealth commands its subjects is through the medium of its law. The law is for the common good and obliges the community as a whole, and thus the ontological status of the law—as distinct from any particular command of a superior to an individual—is intimately tied to that of the body politic. The question, then, concerning the relationship of the state to the natural body of the individual can be framed in terms of the extent of the obligation of the civil law.

scholarly journals THE NEED FOR RESEARCH ON PUBLIC SUBJECTIVE RIGHTSOF PERSONS WITH DISABILITIESFROM THE PERSPECTIVE OF POLISH ADMINISTRATIVE LAW

2017 ◽  
Vol 28 (1) ◽  
pp. 41-65
Author(s):  
Tomasz Sienkiewicz
Keyword(s):  
Common Good ◽  
Administrative Law ◽  
Public Law ◽  
The State ◽  
The Body ◽  
Persons With Disabilities ◽  
The Common Good ◽  
Privileged Position ◽  
The Common ◽  
The Law

When dealing with citizens, public administration has numerous opportunities for abuse of its privileged position. The study of public subjective rights of disabled persons in public law is important because the relation under administrative law is not an equal relation. The state is always the stronger party. When a party to this relation is a person with a dysfunction of the body, a situation is created which is highly unfavourable for this person because of the natural tendency of the state system (including public authorities) to use its privileged position. This can result in actual discrimination of persons with disabilities. The purpose of the law is the common good and welfare of individual persons. Respecting the welfare of persons with disabilities in the public law guarantees the realization of the common good. One can not create the law while ignoring the rules governing human life. As Petrażycki wrote, “the highest good to which we should strive in policy in general and legal policy in particular – is the moral development of man and the rule of highest rational ethics among human beings, namely, the ideal of love” (Petrażycki, 1968, translation mine).

Epilogue

2017 ◽  
Author(s):  
Joshua S. Walden
Keyword(s):  
The Body ◽  
The Self ◽  
The Individual ◽  
Relationship Of ◽  
The Relationship

The book’s epilogue explores the place of musical portraiture in the context of posthumous depictions of the deceased, and in relation to the so-called posthuman condition, which describes contemporary changes in the relationship of the individual with such aspects of life as technology and the body. It first examines Alfred Hitchcock’s Vertigo to view how Bernard Herrmann’s score relates to issues of portraiture and the depiction of the identity of the deceased. It then considers the work of cyborg composer-artist Neil Harbisson, who has aimed, through the use of new capabilities of hybridity between the body and technology, to convey something akin to visual likeness in his series of Sound Portraits. The epilogue shows how an examination of contemporary views of posthumous and posthuman identities helps to illuminate the ways music represents the self throughout the genre of musical portraiture.

What's Wrong with Cartels?

2016 ◽  
Vol 44 (3) ◽  
pp. 401-418 ◽  
Author(s):  
Jonathan Crowe ◽  
Barbora Jedličková
Keyword(s):  
Common Good ◽  
Negative Impact ◽  
Economic Welfare ◽  
Coordination Problem ◽  
Criminal Sanctions ◽  
Social Coordination ◽  
The Common ◽  
Relationship Of ◽  
The Relationship

Cartels have a significantly negative impact on economic welfare. Anti-cartel competition law–such as the provisions of pt IV div 1 of the Competition and Consumer Act 2010 (Cth)–tries to tackle this negative impact through civil and criminal remedies. The prohibition of cartels is most commonly justified on economic grounds. However, reference is also often made to broader moral grounds for proscribing cartels–for example, it is commonly stated that cartels are deceptive, unfair or engaged in a form of cheating. This article advances a unified account of the moral status of cartels that integrates both economic and moral factors. It does so by emphasising the relationship of cartel behaviour to the moral duty to promote the common good. Cartels are wrong because they undermine the role of open and competitive markets as a salient response to an important social coordination problem in a way that leads to seriously harmful economic outcomes. This combination of factors supplies a robust justification for both civil and criminal sanctions in appropriate cases, thereby affording a principled foundation for the current framework of cartel regulation in Australia.

Education and the Curious Case of Conservative Compromise

2019 ◽  
pp. 106591291986650
Author(s):  
James M. Glaser ◽  
Jeffrey M. Berry ◽  
Deborah J. Schildkraut
Keyword(s):  
Political Attitudes ◽  
Body Politic ◽  
Democratic Governance ◽  
The Body ◽  
Attitudes And Behaviors ◽  
Political Compromise ◽  
And Behaviors ◽  
Relationship Of ◽  
The Impact ◽  
The Relationship

“Education,” notes Philip Converse, “is everywhere the universal solvent.” Whatever the ill of the body politic, many believe that greater education improves the condition. Much scholarship explores the impact of education on political attitudes and behaviors, but scholars have not examined the relationship of education to support for political compromise. This is especially topical, as compromise between parties seems harder than ever to achieve, yet compromise is necessary for democratic governance. We examine whether higher levels of education lead to support for compromise and find that education does matter, but the relationship is conditional. For liberals and moderates, more education promotes greater support for compromise. For conservatives, those with more education are not more likely to support compromise than those with less education. We argue that for conservatives, education matters for compromise support, but it also leads to better understanding of bedrock ideological principles that inhibit approval of compromise.

The Individual, The State, and The Common Good

1996 ◽  
Vol 13 (1) ◽  
pp. 59-79 ◽  
Author(s):  
John Haldane
Keyword(s):  
Political Philosophy ◽  
Common Good ◽  
The State ◽  
Aesthetic Theory ◽  
The Common Good ◽  
The Common ◽  
Political Deliberation ◽  
The Individual ◽  
Civil Order

Let me begin with what should be a reassuring thought, and one that may serve as a corrective to presumptions that sometimes characterize political philosophy. The possibility, which Aquinas and Madison are both concerned with, of wise and virtuous political deliberation resulting in beneficial and stable civil order, no more depends upon possession of aphilosophical theory of the state and of the virtues proper to it, than does the possibility of making good paintings depend upon possession of an aesthetic theory of the nature and value of art.

Changing Ethical Frameworks: From Individual Rights to the Common Good?

2011 ◽  
Vol 20 (4) ◽  
pp. 533-545 ◽  
Author(s):  
MARGIT SUTROP
Keyword(s):  
Common Good ◽  
Ethical Issues ◽  
Conceptual Base ◽  
Ethical Frameworks ◽  
Long Period ◽  
Political Ideologies ◽  
The Common ◽  
The Individual ◽  
Liberal Individualism ◽  
The Relationship

Whereas in the 1970s early bioethicists believed that bioethics is an arena for the application of philosophical theories of utilitarianism, deontology, and natural law thinking, contemporary policy-oriented bioethicists seem rather to be keen on framing ethical issues through political ideologies. Bioethicists today are often labeled “liberal” or “communitarian,” referring to their different understandings of the relationship between the individual and society. Liberal individualism, with its conceptual base of autonomy, dignity, and privacy, enjoyed a long period of dominance in bioethics, but it has increasingly come under attack from ideologies promoting a more salient role for concepts of solidarity, community, and public interest.

Kant and the Common Law: Intersubjectivity in Aesthetic and Legal Judgment

2010 ◽  
Vol 23 (2) ◽  
pp. 429-460
Author(s):  
Douglas E. Edlin
Keyword(s):  
Common Law ◽  
Aesthetic Judgment ◽  
Political Community ◽  
Aesthetic Theory ◽  
Objective Truth ◽  
Core Concepts ◽  
The Common ◽  
The Individual ◽  
Relationship Of ◽  
The Relationship

This article develops some conceptual correlations between Kant’s theory of aesthetic judgment and the common law tradition of legal judgment. The article argues that legal judgment, like aesthetic judgment, is best conceived in terms of intersubjective validity rather than objective truth. Understanding the parallel between aesthetic and legal judgment allows us to appreciate better the relationship between subjectivity and intersubjectivity, the individual and the community, in the formulation and communication of judgments, which combine a personal response and a reasoned determination intended for a discrete audience. The article frames and pursues these themes in relation to four core concepts in Kant’s aesthetic theory: judgment, communication, community, and disinterestedness. Through sustained comparison and application of these concepts in aesthetic judgment and legal judgment, the article provides a conception of judging that more accurately captures the common law role and relationship of the individual judge and the institutional judiciary as integral parts of the broader legal and political community.

scholarly journals Cossos en reclusió i cavant. Experiències i representacions emblemàtiques sobre la persona

2017 ◽  
Vol 5 (3) ◽  
pp. 272
Author(s):  
Jordi Morell Rovira
Keyword(s):  
The Body ◽  
The Other ◽  
Time Interval ◽  
San Jose ◽  
Other Hand ◽  
Common Practices ◽  
The One ◽  
The Individual ◽  
Relationship Of ◽  
The Relationship

The article explores the relationship of the person with the hole through both literal and metaphorical situations. On the one hand, it points up the body in seclusion and suspended in a time interval, as in the case of the accident at the mine in San José (Chile) or works by artists like J. Wall, G. Schneider or R. Ondák. In this way, opposed feelings evoke the experiences of waiting and/or punishment, which are explanatory of a confined body or a hole. Literature, cinema and art deal with these events from multiple aspects, which become existential allegories about the individual. On the other hand, the act of digging gains prominence as a symbol of work, but also of the absurd. Recalling the ambivalence that may suggest a person making a hole, this article carries out a drift through works by artists of different generations and contexts, such as C. Burden, M. Heizer, F. Miralles, Geliti, S. Sierra, F. Alÿs, M. Salum, X. Ristol or N. Güell. A series of clearly performative or conceptual works, where the act of digging, drilling, burying or unburying become common practices that show the diversity of meanings and intentions.

scholarly journals ANALISIS TERHADAP UNDANG-UNDANG NOMOR 23 TAHUN 2011 TENTANG PENGELOLAAN ZAKAT (PERSPEKTIF HUKUM ISLAM)

2016 ◽  
Vol 15 (2) ◽  
Author(s):  
Budi Rahmat Hakim
Keyword(s):  
Islamic Law ◽  
Legal Framework ◽  
The State ◽  
New Paradigm ◽  
New Era ◽  
Key Issues ◽  
The Individual ◽  
Relationship Of ◽  
The Relationship ◽  
Tax Deduction

The Birth of Law No. 23/2011 marks a new era of transformation of the national charity which has given rise to a new paradigm of charity management in our country. Some rules are the result of constitutive ijtihadin the ?eld of charity gets a reaction from some quarters, especially related to the management of charity by the state authority. Regardless of the debate which led to the material and formal lawsuit, there are several key issues to be further analyzed in relation to the reconstruction of ?qh paradigm evaluated from the perspective of contemporary Islamic law. First, the authorities and the involvement of the state as charities through the agency or institution that is of?cially established or recognized by the state, so that the management of charity can be done effectively, guaranteed. And have legal certainty. Secondly, the absence of sanctions for muzaki who shirk the obligation of charity in Law No.23 / 2011 shows that the payment of charity is voluntary, therefore charity regulations in Indonesia are still considered weak in the legal framework that can bind to the individual or business entity that is exposed to the taxpayer , Third, the reform paradigm of subject, object and charity tas{arruf ?eld have already accommodated in Law No.23 / 2011 in accordance with the principle of mas}lah}atand justice. Fourth, the relationship of charity and tax reaf?rmed in the amendment of new Law charity as?scal incentives for charity payers to make charity as a reduction of PKP (tax deduction), although this provision has not been able to realize the position of charitywhich is more signi?cant as a tax deduction(tax credit).

The Myth of Judicial Independence

2020 ◽  
Author(s):  
Mike McConville ◽  
Luke Marsh
Keyword(s):  
Separation Of Powers ◽  
Material Point ◽  
The State ◽  
Theory And Practice ◽  
Home Office ◽  
Democratic Polity ◽  
The Individual ◽  
Relationship Of ◽  
The Relationship

This book on the criminal justice system is uniquely positioned to examine judicial claims to independence, the politics of the judiciary, the rule of law, and the role of the executive in the context of a democratic polity. The authors have mined the British government’s archival vaults to assemble records including official (previously classified) Home Office files and present a ground-breaking narrative. By tracking the relationship between senior judges and the Home Office from the end of the nineteenth century to the modern day, revelations concerning the politics of the judiciary and the separation of powers are unearthed. The book argues that the claims of the senior judiciary to be independent of the executive are invalidated by historical records and the theory and practice of the separation of powers (the ‘Westminster Model’) deeply flawed. Rather, at every material point, civil servants compromised the role of the senior judiciary’s decision-making. Moreover, with the passive endorsement of senior judges, the executive repeatedly misled Parliament as to the authorship and provenance of fundamental rules governing the relationship of the individual to the state in relation to police powers of arrest, detention, and questioning. The book also explores the past and continuing impact of all this to former colonial territories and traces the close liaison between key members of the senior judiciary and the state in reconfiguring the modern criminal process in a way which weakens defence lawyers, pressurizes defendants into pleading guilty, and undermines cardinal adversarial protections.

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