scholarly journals Anglophone, Civilian, and Islamic Legal Cultures: Three Views of Human Trust in the Age of Technology and Globalization

2018 ◽  
Vol 4 (3) ◽  
pp. 21
Author(s):  
Joseph P Garske
Keyword(s):  
Human Nature ◽  
Legal Culture ◽  
Social Connections ◽  
Human Relations ◽  
Human Reason ◽  
The Third ◽  
Global Age ◽  
Personal Trust ◽  
Historical Origin

:The project to construct a global regimen of law raises questions about whether human relations of personal trust continue to be relevant—especially, in a technologically mediated reality of atomized social connections. Some answers may be found by comparing the role of trust in the fundamental premise of each of the three historic legal cultures, Anglophone, Civilian, and Islamic. In fact, the understanding of human trust works differently in each of those legal regimes. One has a pejorative view of human nature, trusting its tendency to reprobation. Another trusts the faculty of human reason, its potential for growth and development, but mistrusts human subjectivity. The third is based on confidence in the natural human capacities, including bonds of personal trust. These differences began with the historical origin of each tradition. One, born as a system of legal commerce, was based on collegiality. One, produced by scholars and philosophers, was based on ideals and principles. One universalized its sacred teachings by combining them with patterns of reciprocity and accord that had existed earlier among tribes and peoples. Their different assumptions about human nature resulted in different conceptions of what law is, the method it should employ, and the purpose it can serve. Each tradition operates within its population on a different principle. In contrast with one another, they represent, respectively, faith and obedience, reason and order, justice and conciliation. As technology penetrates national borders, transcending barriers of topography and distance, it has brought these three traditions together. The conflict arising from that encounter raises profound questions about what form of legal culture will eventually predominate, what conception of human nature will prevail, and what level of human trust will define the global age.

scholarly journals The Role of Instinct in David Hume's Conception of Human Reason

2020 ◽  
Vol 18 (3) ◽  
pp. 273-288
Author(s):  
James Hill
Keyword(s):  
Human Nature ◽  
Animal Kingdom ◽  
Human Reason ◽  
Mathematical Thought ◽  
Natural Element ◽  
General Relations ◽  
Intellectual Power ◽  
As If ◽  
Experimental Reasoning

This article investigates the role of instinct in Hume's understanding of human reason. It is shown that while in the Treatise Hume makes the strong reductive assertion that reason is ‘nothing but’ an instinct, in the First Enquiry the corresponding statement has been modified in several ways, rendering the relation between instinct and reason more complex. Most importantly, Hume now explicitly recognises that alongside instinctive experimental reasoning, there is a uniquely human intellectual power of intuitive and demonstrative reason that is not itself an instinct. At first sight it may look as if this intellectual reason, that is capable of grasping ‘relations of ideas’, is not even grounded in instinct but is a thoroughly non-natural element in human nature. On closer analysis, however, it is shown that intellectual reason, in its apprehension of ‘abstract’ and general relations, is dependent on language – the use of ‘terms’ – and that language itself is grounded in instinctive associations of ideas. Thus, Hume's overall view is that even the intellect is an outgrowth of instinct and his conception of human nature is, therefore, shown to be fully naturalistic. Yet this naturalism can still make room for the ‘exceptionalism’ of human mathematical thought, which has no counterpart in the animal kingdom where language is lacking.

scholarly journals PENEGAKAN HUKUM TINDAK PIDANA POLITIK UANG DALAM PEMILIHAN UMUM TAHUN 2019 DI KABUPATEN POLEWALI

2021 ◽  
Vol 3 (2) ◽  
pp. 108-122
Author(s):  
Usman Usman ◽  
Marwan Mas ◽  
Ruslan Renggong
Keyword(s):  
Law Enforcement ◽  
Empirical Research ◽  
Legal Culture ◽  
Plenary Meeting ◽  
The Third ◽  
Legal Structure ◽  
Third Stage ◽  
The Future ◽  
General Elections

Ditenggarai lemahnya penegakan hukum terhadap pelanggaran politik uang yang terjadi pada Pemilu 2019 menjadi isu yang mengemuka, termasuk di Kabupaten Polewali Mandar. Peran pengawasan, penegakan dan penindakan, sebagaimana yang diatur dalam Undang-undang Nomor Nomor 7 tahun 2017 tentang Pemilihan Umum dan Peraturan Bawaslu Peraturan Bawaslu Nomor 31 Tahun 2018 tentang Sentra Penegakan Hukum Terpadu (Gakkumdu) memuat sejumlah ketentuan yang mengatur mekanisme dan tata cara penegakan hukum terhadap pelanggaran politik uang tersebut. Metode yang digunakan dalam penelitian ini adalah, penelitian empiris yang mengkaji regulasi atau peraturan perundang-undangan dalam praktik penegakan hukum terhadap dugaan pelanggaran politik uang pada penyelenggaraan Pemilu Tahun 2019. Kesimpulan penelitian menunjukkan bahwa, terdapat 3 (tiga) kasus dugaan pelanggaran politik uang pada Pemilu Tahun 2019 di Kabupaten Polewali Mandar yang semestinya melewati 9 (sembilan) tahapan dalam kenyataannya hanya sampai pada tahapan ketiga yakni, rapat pleno pengawas Pemilu. Hal itu dikarenakan adanya ketidak sepahaman di dalam tim Sentra Gakkumdu dengan Bawaslu Kabupaten Polewali Mandar. Adapun kendala dalam penengakan hukum terhadap dugaan pidana politik uang sangat terkait dengan struktur hukum, substansi hukum dan budaya hukum sebagaimana fakta dan temuan lapangan. Karenanya, penelitian ini merekomendasikan, ke depan pidana Pemilu tidak lagi ditangani oleh Bawaslu, tetapi dimasukkan sebagai pidana umum. Dan jika sentra Gakkumdu tetap dipertahankan keberadaannya, hendaknya diberi kewenangan tambahan yakni, melakukan penahanan terhadap terduga pelaku politik uang, agar tidak terbuka ruang mengkodisikan saksi dugaan politik uang. Termasuk pentingnya pembentukan peradilan khusus Pemilu agar perbedaan pandangan atas kasus dugaan politik uang dapat diminimalisir. The indication of the weak law enforcement against money politics violations that occurred in the 2019 Election has become an emerging issue, including in Polewali Mandar Regency. The role of supervision and enforcement, as regulated in Law Number 7 of 2017 concerning General Elections and Bawaslu Regulation Number 31 of 2018 concerning Sentra Penegakan Hukum Terpadu (Gakkumdu) contains a number of provisions governing the mechanisms and procedures for law enforcement against such violations of money politics. The method used in this research is empirical research that examines regulations or statutory regulations in law enforcement practices against suspected violations of money politics at the 2019 Election. The research conclusion shows that, there were 3 (three) cases of alleged violations of money politics in the 2019 Election in Polewali Mandar Regency which should have passed 9 (nine) stages but in reality only reached the third stage, namely, the Election supervisor plenary meeting. It was due to the lack of Understanding on the Sentra Gakkumdu with Bawaslu Polewali Mandar. The obstacles in law enforcement against allegations of money politics crime are closely related to the legal structure, legal substance and legal culture as well as facts and field findings. Therefore, this research recommends that in the future election crimes will no longer be handled by Bawaslu, but be included as general crimes. And if the Sentra Gakkumdu is maintained, it should be given additional authority, namely, detaining suspected money politics actors, so that there is no room to codify witnesses for alleged money politics. This includes the importance of establishing a special election court so that differences in views on suspected cases of money politics can be minimized.

scholarly journals JEWISH MODERN LAW AND LEGALISM IN A GLOBAL AGE: THE CASE OF RABBI JOSEPH KARO

2018 ◽  
Vol 17 (2) ◽  
pp. 561-578 ◽  
Author(s):  
RONI WEINSTEIN
Keyword(s):  
Early Modern ◽  
Political Institutions ◽  
Legal Culture ◽  
Jewish Tradition ◽  
Jewish Law ◽  
Legal Tradition ◽  
Early Modern Europe ◽  
Global Age ◽  
Islamic Empire

During the late sixteenth and early seventeenth centuries, Rabbi Joseph Karo composed two major Jewish codes of law: the Beit Yosef, and its abridged version, Sulchan ‘Aruch. Though several centuries of legal discussion and scholarship have passed since their publication, these double codes of law were never superseded. This codification project defined the axial place of law in Jewish tradition. I argue that it responded to changes in legal processes and the enforcement of law that simultaneously transformed early modern Europe and the Ottoman world. Transcontinentally connected changes in political institutions—the formation of a centralized Islamic empire in the Ottoman case, and the formation of centralized states in Europe—dramatically redefined the role of law and legal codification in the forging of state power and community identities. The resultant belief among Sephardi rabbis, including Karo, that changes in Jewish legal tradition were now needed, prompted a redefinition of Jewish legal culture, whereby law (a gradually centralized conception of it) began to be seen as the foundation of Jewish religious heritage and ethnic identity. Despite the absence of state backing, early modern transformations in Jewish law were thus part of comparable changes taking place in the European and Islamic legal worlds.

scholarly journals The Role of Education in the Formation of Human Sociability

2020 ◽  
Vol 11 (1) ◽  
pp. 15-29
Author(s):  
Ivana Knežić
Keyword(s):  
Modern Philosophy ◽  
Human Nature ◽  
Thomas Hobbes ◽  
Modern Concept ◽  
Natural State ◽  
Human Beings ◽  
The Third ◽  
Modern Period ◽  
History Of

Aim: The paper aims at highlighting philosophical roots of the relation issue between nature and education in the process of socialization. Method: For the purpose of the research critical philosophical analysis and comparison of Thomas Hobbes’ and Jean-Jacques Rousseau’s texts has been used. Concept: The first part of the paper clarifies the concept of nature and explains changes in understanding of this concept thorough the history of philosophy, with the special emphasis on transformation that happened in transition from medieval to modern period. Since both Hobbes and Rousseau are representatives of modern philosophy, the second section of the paper shows how modern concept of nature manifests in the works of the two philosophers and compares, in a more detailed way, their understanding of human nature or natural state of mankind, focusing on comparison of their concepts of human natural unsociability. The third part examines more closely the role of education in transformation of human individuals into social beings. Results: Research shows that, for the two philosophers, the role of education in the process of socialization consists in denaturalization of human beings. Conclusion: Hobbes’ and Rousseau’s idea of the relation of education and nature in the process of socialization constitutes a basis for justification of manipulations of education for political ends. To avoid such manipulations and find the adequate concept of education, paper suggests to search for the adequate concept of human nature first.      Key Words: education, human nature, sociability, Thomas Hobbes, Jean-Jacques Rousseau.

scholarly journals NILAI-NILAI PENDIDIKAN TAUHID DALAM KISAH ASHABUL UKHDUD SURAT AL-BURUJ PERSPEKTIF IBN KATSIR DAN HAMKA

2018 ◽  
Vol 19 (2) ◽  
pp. 163-174
Author(s):  
M Muthoifin ◽  
Fahrurozi Fahrurozi
Keyword(s):  
Human Nature ◽  
Islamic Education ◽  
Human Being ◽  
Education Evaluation ◽  
The Third ◽  
Practice Behavior ◽  
The World ◽  
The Ideal

Tawhed is to insulate God in creation, worship and name and natures. he must be awake with the best of everything that can divert it. Because tawhed is a very basic and fundamental thing for a Muslim's life. Tawhid is the determinant of a person both in the life of the world and the hereafter, happy or miserable, safe or wretched. tawhed became one of the potential that brought every human being when he was born in the world, the need for educational efforts so that potential is maintained. This study aims to determine the concept of tawhed education in the story of ashabul ukhdud. So important is the story that Allah mentioned in the Qur'an. The second goal is to implement the concepts of Tawhed education in Islamic education. Because the most important element in Islamic education is tawhed education, education that teaches every practice, behavior, purpose of life is only God. The results showed that the ideal Islamic education is very concerned about the implementation of tawhid education, because tawhed is the spirit of Islamic education which consists of three principal, first, tawhed rububiyyah education contained therein such as human nature as the basis of tawhed education, the natural sign as a means of tawhed education, reward and punismant in tawhed education. Secondly, the education of tawhed uluhiyyah such as, the role of educators in tawhid education, evaluation in tawhed education and tawhed education throughout life. Then the third tawhid asthma 'wasifat (names and natures of Allah) education.Tauhid yaitu mengesakan Allah dalam rububiyyah, uluhiyyah dan asma’ washifat, harus terjaga dengan sebaik-baiknya dari segala yang bisa menyelewengkannya. Karena tauhidmerupakan perkara yang sangat pokok dan mendasar bagi kehidupan seorang muslim. Tauhid merupakan penentu seseorang baik di kehidupan dunia maupun akhirat, bahagia atau sengsara, selamat atau celaka. Tauhid menjadi salah satu potensi yang dibawa setiap manusia ketika ia dilahirkan didunia, perlu adanya usaha pendidikan agar potensi itu tetap terjaga. Penelitian ini bertujuan untuk mengetahui konsep pendidikan tauhid dalam kisah ashabul ukhdud. Begitu pentingnya kisah tersebut sehingga Allah menyebutkannya dalam Al-Qur’an. Tujuan kedua yaitu untuk mengimplemen-tasikan konsep-konsep pendidikan tauhid dalam pendidikan Islam. Karena unsur terpenting dalam pendidikan Islam adalah pendidikan tauhid, pendidikan yang mengajarkan setiap amalan, perilaku, tujuan hidup hanya Allah. Hasil penelitian menunjukkan bahwa pendidikan Islam yang ideal sangatlah memperhatikan pelaksanaan pendidikan tauhid, karena tauhid merupakan ruh dari pendidikan Islam yang terdiri dari tiga pokok, pertama, pendidikan tauhid rububiyyah yang terkandung didalamnya seperti fitrah manusia sebagai dasar pendidkan tauhid, ayat kauniah sebagai sarana pendidikan tauhid, Targhib dan tarhib dalam pendidikan tauhid. Kedua, pendidikan tauhid uluhiyyah seperti, peran pendidik dalam pendidikan tauhid, evaluasi dalam pendidikan tauhid dan pendidikan sepanjang hayat. Kemudian yang ketiga pendidikan tauhid asma’ wasifat.

Kropotkin

2016 ◽  
Author(s):  
Ruth Kinna
Keyword(s):  
Political Theory ◽  
Human Nature ◽  
Political Change ◽  
Direct Action ◽  
The State ◽  
Social Analysis ◽  
Mutual Aid ◽  
Special Character ◽  
Revolutionary Politics

This book is designed to remove Peter Kropotkin from the framework of classical anarchism. By focusing attention on his theory of mutual aid, it argues that the classical framing distorts Kropotkin's political theory by associating it with a narrowly positivistic conception of science, a naively optimistic idea of human nature and a millenarian idea of revolution. Kropotkin's abiding concern with Russian revolutionary politics is the lens for this analysis. The argument is that his engagement with nihilism shaped his conception of science and that his expeditions in Siberia underpinned an approach to social analysis that was rooted in geography. Looking at Kropotkin's relationship with Elisée Reclus and Erico Malatesta and examining his critical appreciation of P-J. Proudhon, Michael Bakunin and Max Stirner, the study shows how he understood anarchist traditions and reveals the special character of his anarchist communism. His idea of the state as a colonising process and his contention that exploitation and oppression operate in global contexts is a key feature of this. Kropotkin's views about the role of theory in revolutionary practice show how he developed this critique of the state and capitalism to advance an idea of political change that combined the building of non-state alternatives through direct action and wilful disobedience. Against critics who argue that Kropotkin betrayed these principles in 1914, the book suggests that this controversial decision was consistent with his anarchism and that it reflected his judgment about the prospects of anarchistic revolution in Russia.

A ‘Jurist-linguistic’ Reading of the wuḍūʾ Verse (Q. 5:6)

2010 ◽  
Vol 12 (1-2) ◽  
pp. 313-282
Author(s):  
ʿAbd al-ʿAzīz Mūsā
Keyword(s):  
The Third

This article sheds light on the role of grammar in understanding legislative texts, with reference to the wuḍūʾ verse (Q. 5:6). The first section deals with the issue of washing the elbows along with the feet as part of ritual ablution, and lists the various interpretations of the preposition ilā in the aya, and discusses the grammatical theory used by different fuqahāʾ to support their arguments. The second section tackles how much of the head should be rubbed in ritual ablution, with regard to the use of the preposition bi- in the phrase bi-ruʾūsikum, while the third focuses on the two readings of the phrase arjulakum/arjulikum (‘your feet’) and on passing legislative judgement on whether the feet be washed or just rubbed. The study concludes that lugha and fiqh theory are of mutual importance and together help to clarify legislative judgements, and, on this basis, that jurists should not pass any legislative judgement without referring to language.

Thomas More's “rule” of pleasure before, after, and inUtopia

Moreana ◽  
2017 ◽  
Vol 54 (Number 207) (1) ◽  
pp. 36-56
Author(s):  
Gerard Wegemer
Keyword(s):  
Human Nature ◽  
The Other ◽  
Biblical Allusions ◽  
De Officiis

After establishing a context of More's lifelong engagement with the “calculus” of pleasure, this essay shows how the section devoted to the Utopians' pleasure philosophy is structured around five formulations of a “rule” to calculate “true and honest [honesta]” pleasure in ways that playfully imitate and echo the “rule” Cicero formulates several times in De officiis to discern one's duty when there seems to be a conflict between honestas et utilitas. When followed, the Utopian pleasure calculus shows the necessary role of societas, officii, iustitia, caritas, and the other aspects of human nature, most importantly friendship, that Cicero stresses in his rule and that he argued Epicurus ignored. Much of the irony and humor of this section depends on seeing the predominance of Ciceronian vocabulary in Raphael's unusual defense [patrocinium] of pleasure, rather than a Ciceronian defense of duty rooted in honestas. Throughout, however, this essay also shows how More goes beyond Cicero by including Augustinian and biblical allusions to suggest ways that our final end is not as Epicurus or the Stoics or Cicero claim; the language and allusions of this section point to a level of good cheer and care for neighbors and for God in ways quite different from any classical thinker.

INTERPRETATION OF SINO-RUSSIAN CULTURE AND HUMANITIES COOPERATION IN THE NEW ERA

2020 ◽  
Vol 10 (3) ◽  
pp. 186-193
Author(s):  
REN YANYAN ◽  
Keyword(s):  
Current Status ◽  
Human Relations ◽  
New Era ◽  
Russian Culture ◽  
The People ◽  
Starting Point ◽  
Cooperative Partnership ◽  
Belt And Road ◽  
The Belt And Road

The friendship between nations lies in the mutual affinity of the people, and the people’s affinity lies in the communion of hearts. The cultural and humanities cooperation between China and Russia has a long history. In recent years, under the role of the“Belt and Road” initiative, the SCO, and the Sino-Russian Humanities Cooperation Committee, Sino-Russian culture and humanities cooperation has continued to deepen. Entering a new era, taking the opportunity to promote Sino-Russian relations into a “new era China-Russia comprehensive strategic cooperative partnership”, the development of human relations between the two countries has entered a new historical starting point, while also facing a series of problems and challenges. This article is based on the current status of Sino-Russian human relations in the new era, interprets the characteristics of Sino-Russian human relations in the new era, analyzes the problems and challenges of Sino-Russian human relations in the new era, and tries to propose solutions and solutions with a view to further developing Sino-Russian cultural and humanities relations in the new era. It is a useful reference, and provides a reference for future related research, and ultimately helps the Sino-Russian cultural and humanities relations in the new era to be stable and far-reaching.

Minangkabau Language Maintenance by the Association of Sei Jaring Community in Medan

2014 ◽  
Vol 11 (2) ◽  
Author(s):  
Yenita Uswar ◽  
Amrin Saragih ◽  
Tina Mariany Arifin
Keyword(s):  
Qualitative Research ◽  
Data Analysis ◽  
Language Maintenance ◽  
Young Generation ◽  
Third Generation ◽  
The Third ◽  
Danger Level

The objectives of this qualitative research were (1) to identify the factors that affect the Minangkabau language (ML) maintenance in Medan, (2) to discover the parents’ efforts in maintaining ML in Medan and (3) to find out the reason why the speakers have to maintain ML. The souree of data is the nembers of the Association of Sei Jaring Community (Ikatan Warga Sei Jaring: IWS) in Medan. The sample was 10 families including 10 parents and their children. The instruments of this study are a questionnaire and an interview. The questionnaire was used to answer the factors affected the maintenance of ML and how factors affected the maintenance of ML. The interview was used to discover the influence why Minangkabau’s people have to maintain ML. There are four factors in ML maintenance, the parents’ role, the role of family, the intramarriage and homeland visits. After distributing questionnaire and did some interviews it is found that IWS especially for the third generation (children) has the danger level in ML when they communicate to each other. Meanwhile, the data analysis also shows that both fathers and mothers communicate to each other with ML. This condition occurred because of the influence of the environment. Parents have to keep communication and teaching Minangkabau language continuously to their children. so, the young generation can keep the existence of ML for their future. Keywords: Minangkabau Language Maintenance, parents’ efforts, the young generation.

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