scholarly journals Pengantar mengenai Hegemoni dan Hukum: Menyoal Kembali Bekerjanya Hukum di Masyarakat

2019 ◽  
Vol 8 (4) ◽  
pp. 494
Author(s):  
Ricca Anggraeni ◽  
Endra Wijaya
Keyword(s):  
Social Group ◽  
Social Engineering ◽  
Capitalist Society ◽  
Conceptual Approach ◽  
Binding Force ◽  
The Way

Gramsci’s concept of hegemony tries to explain how modern capitalist society has been organized. Although he did not explain about law particularly, but his study on hegemony is relevant and usefull to the study of law untill now. This paper focuses on how to understand the concept of hegemony and use it in field of the study of law. To examine the focus of this study, conceptual approach is used, and some points of argumentations in this study are based on several scholars’ opinions related to concept of hegemony. This study concludes that hegemony could be understood as the way to how certain social group obtains its authority persuasively, and then leads others to give its consensus to hegemonic social group. This point could help to understand about the working and binding force of authority and law in the society. Besides that, the concept of hegemony could also become a kind of tool in understanding the dynamic of law, such as how could law becomes a tool of social engineering, or how, at the end, law is obeyed by the society. Konsep hegemoni dari Gramsci berupaya menjelaskan bagaimana masyarakat pada tahap kapitalis modern diorganisasikan. Gramsci memang tidak secara khusus membahas persoalan hukum, namun kajian hegemoninya ternyata relevan juga bagi kajian di bidang hukum. Tujuan kajian atau pembahasan dalam artikel ini diarahkan kepada persoalan memahami konsep hegemoni, dan kemudian, bagaimanakah hegemoni ini, sebagai sebuah konsep atau teori, dapat berguna di dalam kajian bidang hukum. Pembahasan kedua hal tersebut menggunakan metode pendekatan konseptual, dengan bersandar pada beberapa pendapat sarjana. Kajian ini menyimpulkan bahwa hegemoni dapat dipahami sebagai cara bagaimana suatu kelompok sosial memperoleh pengaruh (kekuasaan) melalui cara-cara yang lebih persuasif, dengan menggiring kelompok sosial lain (yang dikuasai) untuk memberikan persetujuannya (konsensus) kepada kelompok sosial yang menguasai. Poin ini bisa membantu untuk memahami otoritas dan hukum yang bekerja serta mengikat masyarakat. Selain itu, hegemoni dapat pula digunakan sebagai alat bantu dalam memahami fenomena yang terjadi dalam bidang hukum, seperti bagaimana hukum itu dapat berperan sebagai sarana untuk mengubah masyarakat, atau bagaimana hukum itu pada akhirnya dipatuhi oleh masyarakat.

scholarly journals The Pedagogy of Porter: The Origins of the Reformatory in the Cape Colony, 1882–1910

1986 ◽  
Vol 27 (3) ◽  
pp. 481-495 ◽  
Author(s):  
Linda Chisholm
Keyword(s):  
Economic Transition ◽  
Capitalist Society ◽  
Commercial Agriculture ◽  
Distinctive Character ◽  
Colonial Society ◽  
Merchant Capital ◽  
Internal Operations ◽  
The Way

This article explores the origins and nature of the reformatory in Cape colonial society between 1882 and 1910. Born in a period of economic transition, its concern was with the reproduction of a labouring population precipitated by colonial conquest. Unlike the prison and compound, which gained their distinctive character from the way in which they were articulated to an emerging industrial capitalist society, the reformatory was shaped by the imperatives of merchant capital and commercial agriculture. Although based on the English model, local social realities quickly began to mould the particular nature of the reformatory in the Cape Colony. Firstly, classification for the purposes of control came to mean segregation in a colonial context. secondly, the needs of commercial agriculture meant that in Porter there was a much greater stress on the apprenticing of inmates than there was in the internal operations of the British reformatory.

The long and winding road

2021 ◽  
pp. 194277862110472
Author(s):  
Kevin R Cox
Keyword(s):  
South Africa ◽  
Secondary School ◽  
Critical Realism ◽  
Capitalist Society ◽  
Growing Up ◽  
University System ◽  
American University ◽  
The Us ◽  
The Way

Growing up in a capitalist society means induction into a set of taken for granted concepts that seemingly get realized through the way that world works. As a result, a grasp of the very different fundamentals of Marxism has to be a lifetime pursuit. For the author, it started in secondary school for reasons that were both personal and intellectual. In terms of the overall geohistorical trajectory of the author’s life, it bears emphasis that it is unlikely that that would have occurred in the US as it was at that time. Nevertheless, the American university system would then allow, often unintendedly, a deepening of that understanding. There have been diversions and distractions, most notably the distributional emphasis of much critical work in the 1970s and then critical realism in the 1980s, but overcoming them served to further enhance a critical grasp. A visit to South Africa in 1982 played a part in that. The trajectory has been simultaneously geohistorical and dialectical.

The Etiquette of Eating

2018 ◽  
Author(s):  
Karen Stohr
Keyword(s):  
Short Story ◽  
Moral Community ◽  
Moral Life ◽  
Moral Significance ◽  
Binding Force ◽  
The People ◽  
The Way

This chapter explores and defends the idea that the etiquette conventions governing dinner parties, whether formal or informal, have moral significance. Their significance derives from the way that they foster and facilitate shared moral aims. I draw on literary and philosophical sources to make this claim, beginning with Isak Dineson’s short story, “Babette’s Feast.” I employ the concept of ritual from Confucius and Xunzi, as well as Immanuel Kant’s detailed discussion of dinner parties in the Anthropology. Kant’s account, in particular, helps illuminate how properly conducted dinners can enhance our understanding and promote moral community among the people who attend. I conclude that dinner parties play an important role in the moral life, and that the etiquette conventions governing them derive their binding force from their contribution to that role.

Reframing Habermas’s colonization thesis: Neoliberalism as relinguistification

2020 ◽  
pp. 136843102097078
Author(s):  
Roderick Condon
Keyword(s):  
Critical Theory ◽  
Systems Theory ◽  
Communicative Action ◽  
Social Systems ◽  
Ordinary Language ◽  
Theoretical Framework ◽  
Capitalist Society ◽  
Limited Attention ◽  
Social Systems Theory ◽  
The Way

While the critique of neoliberalism, as the form of contemporary capitalism, has been advanced from Marxian and Foucauldian perspectives, it has had limited attention from the perspective of Critical Theory. Largely unrecognized is the suitability of the theory of reification for this critique, specifically, Habermas’s version. This article reconsiders Habermas’s colonization thesis as the basis for a critical theory of neoliberalism, refining its theoretical framework to deepen its critical diagnosis. Against the dismissal of the system–lifeworld concept, a novel critique is advanced to suggest its original elaboration fell confusedly between two versions of social systems theory. Drawing from late developments, the scheme is reinterpreted as distinguishing two forms of communication in capitalist society: delinguistified and linguistic. This opens the way to reframe and communicatively transform colonization as relinguistification; that is, the translation of monetary coding into ordinary language such that communicative action is distorted from within by reifying concepts.

scholarly journals The Global Predicament: the way out

2010 ◽  
Vol 5 (1) ◽  
Author(s):  
Ted Trainer
Keyword(s):  
Economic Growth ◽  
Environmental Impact ◽  
Free Market ◽  
Resource Consumption ◽  
Capitalist Society ◽  
Technical Advance ◽  
Poor Countries ◽  
The Way

Most "green" thought and action fails to grasp that this society involves levels of resource consumption and environmental impact that are far beyond those that can be sustained or spread to all people. Technical advance and reforms within consumer-capitalist society cannot solve the problems; this will be illustrated by reference to greenhouse and energy problems. Although present levels of consumption are grossly unsustainable, the supreme priority is economic growth, i.e. to raise them without limit. In addition a system based on free market principles cannot be just. Rich world affluence would not be possible if wealth was not being transferred from poor countries. The only way out of the alarming global situation is via transition to some kind of Simpler Way, which is unlikely to be taken. Implications for bringing about such a transition will be indicated.

scholarly journals Augmented Reality and Mobile Devices: A Binominal Methodological Resource for Inclusive Education (SDG 4). An Example in Secondary Education

2018 ◽  
Vol 10 (10) ◽  
pp. 3446 ◽  
Author(s):  
Francisco del Cerro Velázquez ◽  
Ginés Morales Méndez
Keyword(s):  
Sustainable Development ◽  
Secondary Education ◽  
Augmented Reality ◽  
Mobile Devices ◽  
Inclusive Education ◽  
Contextual Information ◽  
Quality Education ◽  
Conceptual Approach ◽  
Development Goals ◽  
The Way

The rise of so-called emerging technologies is broadening the way in which students access information and in turn changing the way in which they can interact and the experiences to which they are exposed. Mobile devices are regarded as flexible tools that facilitate access to information in different formats and in any environment. For its part, Augmented Reality is a technique that, through mobile tools, can enhance the globalization of content and access to contextual information in various ways. Together, the globalization of mobile devices and Augmented Reality contribute to an inclusive, equitable, and quality education, as mentioned by the United Nations Educational, Scientific, and Cultural Organization (UNESCO) in goal four on Sustainable Development (Sustainable Development Goals 4 (SDG 4)). This article analyses the binomial Augmented Reality-mobile devices, and takes a conceptual approach to these technological environments, both the technique and the tool, in the context of quality education. To assess the potential of Augmented Reality-mobile devices as a methodological learning resource, a learning unit of Secondary Education is presented in the field of Technology, enriched with different materials related with Augmented Reality.

scholarly journals The Sage and the Demos: The Intellectual within Athenian Cultural and Social Landscape of the Fifth and Fourth Centuries BCE

2019 ◽  
pp. 1335-1343
Author(s):  
Roman V. Svetlov ◽  
Vasiliy A. Rabosh
Keyword(s):  
Social Group ◽  
Social Conflict ◽  
Historical Sociology ◽  
Classical Period ◽  
Intellectual Culture ◽  
Social Landscape ◽  
The Way

The Athens of the Classical period saw the emergence of a new social group — the intellectuals. This article looks into their socialisation process, focusing on a part of Plato’s Apology (21а‑22е). In it, Socrates lists three groups of Athenians that compete with the intellectuals in shaping young minds: politicians, poets and artisans. It is these groups that ended up bringing charges against Socrates. The fact that Socrates does not include farmers into his list of the essential estates is analysed separately. The passages discussed here are quite representative for the purposes of historical sociology of intellectual culture, illuminating the way the intellectual conceptualised the role and the place of his social group within the larger polis while entangled in a social conflict of Classical Athens. An intellectual is both unnecessary and inconceivable in the context of the utopian Age of Cronus (Statesman) or the rustic first city (Republic). He does not belong in the classical city either, but can only be found there. The awareness of the conflict inherent in the intellectual’s existence in Athens and the description thereof is one of the manifestations of Plato’s dialectics

scholarly journals Problematika Akad Nikah Via Daring dan Penyelenggaraan Walimah Selama Masa Pandemi Covid-19

2020 ◽  
Vol 1 (1) ◽  
pp. 68
Author(s):  
Mahardika Putera Emas
Keyword(s):  
Research Method ◽  
Legal Research ◽  
Conceptual Approach ◽  
Marriage Ceremony ◽  
Marriage Contracts ◽  
Marriage Contract ◽  
Concrete Solution ◽  
Sophisticated Technology ◽  
The Way

The implementation of marriages during the Covid-19 pandemic was hampered, so that there were adjustments in the marriage ceremony, in this case the marriage contract and the holding of a walimah so that it could be held. The development of increasingly sophisticated technology is the intermediary. One of them is to do a marriage contract online through a video call application. The purpose of this research is to study and analyze the validity of the implementation of online marriage contracts and the holding of walimah during the pandemic, so that a concrete solution must be found. The research method is normative legal research, with a statutory approach, conceptual approach and case approach. The results of the study show that online or online marriage contracts using internet-based video call applications cannot be permitted, this is due to the physical obligation of ittihad majelis (unified assemblies). Postponement of holding the walimah during the Covid-19 pandemic in order to avoid crowds of people, by paying attention to the principles of fiqh. The solution is for the marriage contract in the covid-19 pandemic season, which is to carry out the marriage contract in the way that the prospective groom is represented in the marriage contract process, while holding the walimah distributing food to neighbors and those in need.

scholarly journals To Get Lost is to Learn the Way: An Analysis of Multi-Step Social Engineering Attacks on the Web

2021 ◽  
Vol E104.A (1) ◽  
pp. 162-181
Author(s):  
Takashi KOIDE ◽  
Daiki CHIBA ◽  
Mitsuaki AKIYAMA ◽  
Katsunari YOSHIOKA ◽  
Tsutomu MATSUMOTO
Keyword(s):  
Social Engineering ◽  
The Web ◽  
The Way

The Persistent Objector Rule in International Law

2016 ◽  
Author(s):  
Green James A
Keyword(s):  
International Law ◽  
Detailed Understanding ◽  
Customary International Law ◽  
Binding Force ◽  
Conceptual Role ◽  
State Practice ◽  
The Way

The persistent objector rule is said to provide states with an ‘escape hatch’ from the otherwise universal binding force of customary international law. It provides that if a state persistently objects to a newly emerging norm of customary international law during the formation of that norm, then the objecting state is exempt from the norm once it crystallises into law. The conceptual role of the rule may be interpreted as straightforward: to preserve the fundamentalist positivist notion that any norm of international law can only bind a state that has consented to be bound by it. In reality, however, numerous unanswered questions exist about the way that it works in practice. Through focused analysis of state practice, this book provides a detailed understanding of how the rule emerged and operates, how it should be conceptualised, and what its implications are for the binding nature of customary international law. It argues that the persistent objector rule ultimately has an important role to play in the mixture of consent and consensus that underpins international law.

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