scholarly journals AN [UN]MAKING OF THE WORLD: A POSTCOLONIALIST RESPONSE TO TRANSFORMATIVE CONSTITUTIONALISM

2014 ◽  
Author(s):  
Alexia Katsiginis ◽  
Cherrie Olivier
Keyword(s):  
Helene Cixous ◽  
Legal Tradition ◽  
The Feminine ◽  
The World ◽  
The Law ◽  
The One ◽  
Hierarchal Structure ◽  
Universal Reference ◽  
Formal Application ◽  
Universal Standard

In this paper we critically engage with transformative constitutionalism as a project of imagination and a response to disenchantment. Drawing on post-colonialist feminist conceptions of the law, we explore the promise of the ‘legal imagination’ and its ability to re-enchant our understanding of equality and redefine universal standards employed by the law. The critique of disenchantment is two-fold. First, the formal application of rules mandated by the law allows for the absence of thought and by extension, the absence of judgement. Hannah Arendt understands the employment of ‘pure’ scientific knowledge as possessing the means to destroy the world. Similarly, a legal tradition founded on formalism possesses the means to destroy the society it claims to protect. Second, the law’s commitment to disenchantment has entrenched a universal standard that privileges the masculine and disparages the feminine ‘other’. Indeed Drucilla Cornell argues that no known society has successfully escaped ‘symbolic traces of an ideological masculinity’. In a postcolonial context disenchantment is further entrenched by the colonial relationship that serves to marginalise all that is in conflict with the western universal. Reference will be made to Hélène Cixous’ work on dualist thinking which not only results in separating one element from another but also in arranging them in terms of an implied hierarchy which renders the one element as subordinate to the other. This hierarchal structure and the perspective that the weaker element is passive, uncivilised, colonised and female will serve as the crux of disenchantment in the community and the legal culture for the purposes of this essay. Disenchantment itself can be understood as symptomatic of a masculine tradition.

Utilitarianism and the Criminal Law in Colonial India: A Study of the Practical Limits of Utilitarian Jurisprudence

1994 ◽  
Vol 28 (4) ◽  
pp. 739-791 ◽  
Author(s):  
Kartik Kalyan Raman
Keyword(s):  
Criminal Justice ◽  
Legal Tradition ◽  
British India ◽  
Local Society ◽  
Colonial India ◽  
Penal Law ◽  
The Law ◽  
Common Observation ◽  
The One

The role of legal tradition in the reformist rhetoric of Benthamite Utilitarianism presents us with a contradiction. On the one hand, there is the common observation that Utilitarian jurisprudence was necessarily ahistorical and rejected the past as a source of concepts for reworking the criminal justice system existing in Britain during the late eighteenth and early nineteenth centuries. For philosophic reformers such as Bentham, contemporary British criminal justice was to be replaced by a scientific jurisprudence, abstract, universal, and secular in outlook, and antipathetic to the more conservative insistence that the foundations of the penal law continue to be tradition-based. ‘If society was to see any improvement, its law must be reformed; if its law was to be reformed it must be burned to the ground and rebuilt according to a new and rational pattern.’ On the other hand, we find that the very same Utilitarian thinkers, in works describing the state of the law in British India, were concerned with local rather than universal conceptions of criminality. In his 1782 Essay on the Influence of Time and Place in Matters of Legislation, Bentham, for instance, urged the philosophic reformer to temper change in India by fitting Utilitarian judgments about the law to the frames of local society.

scholarly journals The world market for soybeans: price transmission into Brazil and effects from the timing of crop and trade

Nova Economia ◽  
2007 ◽  
Vol 17 (2) ◽  
pp. 241-270 ◽  
Author(s):  
Mario A. Margarido ◽  
Frederico A. Turolla ◽  
Carlos R. F. Bueno
Keyword(s):  
United States ◽  
Forecast Error ◽  
The United States ◽  
World Market ◽  
Price Transmission ◽  
Long Run ◽  
Cointegration Tests ◽  
The World ◽  
The Law ◽  
The One

This paper investigates the price transmission in the world market for soybeans using time series econometrics models. The theoretical model developed by Mundlack and Larson (1992) is based on the Law of the One Price, which assumes price equalization across all local markets in the long run and allows for deviations in the short run. The international market was characterized by three relevant soybean prices: Rotterdam Port, Argentina and the United States. The paper estimates the elasticity of transmission of these prices into soybean prices in Brazil. There were carried causality and cointegration tests in order to identify whether there is significant long-term relationship among these variables. There was also calculated the impulse-response function and forecast error variance decomposition to analyze the transmission of variations in the international prices over Brazilian prices. An exogeneity test was also carried out so as to check whether the variables respond to short term deviations from equilibrium values. Results validated the Law of the One Price in the long run. In line with many studies, this paper showed that Brazil and Argentina can be seen as price takers as long as the speed of their adjustment to shocks is faster than in the United States, the latter being a price maker.

scholarly journals Breaking Up the Unity of the World: Peter Fitzpatrick’s Conception of Responsive Law

2020 ◽  
pp. 174387212097533
Author(s):  
Johan van der Walt
Keyword(s):  
Rule Of Law ◽  
The Other ◽  
Short Article ◽  
The Rule Of Law ◽  
Other Hand ◽  
The World ◽  
The Law ◽  
The One ◽  
The Ideal

This short article on Peter Fitzpatrick’s conception of “responsive law” analyzes the ambiguous temporality that Fitzpatrick discerned in modern law. On the one hand, law makes the claim of being fully present and therefore already and completely contained in itself. This aspect of law reflects the law’s claim to “immanence,” that is, its claim of always being able to rely strictly on its own operational terms without having to take recourse to any consideration not already contained within itself. It is this aspect of law that renders the ideal of the “rule of law” feasible. On the other hand, the law’s claim to doing justice to every unique and therefore every new case also demands that it takes leave of that which is already settled within it. This aspect of law can be called its “imminence.” The imminence of the law concerns the reality that law always finds itself on the threshold of that which has not yet been said and must still be said. The article shows how Fitzpatrick relied on Freud’s concept of the totem to explain the “wondrous” unity of its immanence and imminence.

Formation of Contract and Stipulations for Third Parties in Indonesia

2018 ◽  
Author(s):  
Gary F Bell
Keyword(s):  
The Netherlands ◽  
Common Law ◽  
Civil Law ◽  
Essential Element ◽  
Contract Law ◽  
Third Parties ◽  
Legal Tradition ◽  
The World ◽  
The Common ◽  
The Law

Indonesia is one of the most legally diverse and complex countries in the world. It practises legal pluralism with three types of contract law in force: adat (customary) contract laws, Islamic contract laws (mostly concerning banking), and the European civil law of contract, transplanted from the Netherlands in 1847, found mainly in the Civil Code (Kitab Undang-Undang Hukum Perdata). This chapter focuses on European civil law as it is the law used for the majority of commercial transactions. The civil law of contract is not well developed and there is a paucity of indigenous doctrine and jurisprudence, since most significant commercial disputes are settled by arbitration. The contours of the law are consistent with the French/Dutch legal tradition. In the formation of contracts, the subjective intention of the parties plays a greater role than in the common law. As with most jurisdictions with a Napoleonic tradition, the offer must include all the essential element of the contract, there is no concept of ‘invitations to treat’ or of ‘consideration’, the common law posting rule is rejected, and the contract is formed only when the acceptance is received. There are generally few requirements of form but some contracts must be in writing and some in a notarial deed.

The Control of Aircraft Noise Perceived at Ground Level

1964 ◽  
Vol 68 (637) ◽  
pp. 45-49 ◽  
Author(s):  
E. J. Richards
Keyword(s):  
Ground Level ◽  
Aircraft Noise ◽  
The Other ◽  
Thought Processes ◽  
Other Hand ◽  
The World ◽  
The Law ◽  
The One

The world of hearing is made up of two types of sound— on the one hand, that which provides communication, be it in the form of speech, music or the noise of a car or dog; on the other hand, a noise which interferes with that message, or a sound consisting of an unwanted message, intruding upon a person's thought processes or sleep. It is always difficult to separate these two functions, since one man's noise is another man's message, and this is particularly so for quiet noises heard at night or occurring sharply to frighten and alarm. It is for this reason that the law regarding noise has been less specific than in other fields and it is for this reason that seldom have any clearly defined limits been specified.

scholarly journals Accommodation of Western Legislation for Plurality of Beliefs in Family Law

2011 ◽  
Vol 11 (1) ◽  
pp. 77-85
Author(s):  
Zoila Combalía
Keyword(s):  
Family Law ◽  
Conscientious Objection ◽  
The State ◽  
Legal Tradition ◽  
Religious Groups ◽  
The People ◽  
The World ◽  
The Law

Abstract In the last several years, the European societies, that in their majority were fairly uniform as far as race, culture or religion, have been converted into intercultural places where many different visions of the world live together. Together with a factor of exogenous plurality, produced by the increase in immigration, an internal desegregation should also be highlighted in our own societies. In this new environment of diversity, it is without a doubt, difficult for the Law to accommodate all the different ethical, religious or cultural demands of the people. In my paper I study the means of accommodation rooted in our legal tradition such as: the conscientious objection, the agreements of the State with religious groups, mediation and arbitration as a way of accommodation of plurality in the field of Family Law, etc. I conclude by stressing the fact that allowing space for diversity does not mean giving up our own values. Quite the opposite, accommodation comes from our own values: that is, from the respect for freedom and non-discrimination, founded on the dignity of the person.

scholarly journals Fitzpatrick and the Feminine Law

2021 ◽  
pp. 174387212199906
Author(s):  
Sara Ramshaw
Keyword(s):  
Jacques Derrida ◽  
Helene Cixous ◽  
Essential Difference ◽  
The Feminine ◽  
Short Commentary ◽  
The Law

This short commentary on the legacy and significance of Peter Fitzpatrick’s scholarship tells of the divergent approaches he and I take in relation to the “feminine” in the writings of French poet, playwright, fictional author, and theorist, Hélène Cixous. Peter, on his side, is ever reminding us of the constituent connection between law and its origin and the impossibility of the “feminine law” escaping a scheme fixated on a specific patriarchal content. I, on my side, am optimistically yearning for a Cixousian “feminine” who eludes a return to the origin and who fearlessly transgresses the law(s) of the patriarchal. Herein, I theorize the essential difference between Fitzpatrick’s “feminine law” and my reading of the law of the Cixousian “feminine” as relating back to our (differing?) approaches to creativity and originality. To my mind, on the question of law’s creativity, Peter aligns less with Cixous and more with Jacques Derrida, who many have accused of positing a negative conception of creation. Applied to Peter, while ever endeavoring to situate law in relation to creative undertakings, such as literature and poetry, following his determinate/responsiveness model, the persistence of the negative is inescapable and the “feminine” is always already integral to law.

scholarly journals Apaddharmaparva: Articulating the Dilemma on Ethics and Politics within the Epic, the Mahabharata

2021 ◽  
Vol 8 (6) ◽  
pp. 224-239
Author(s):  
Smita Sahgal
Keyword(s):  
Ethical Behaviour ◽  
Social Relevance ◽  
Political Behaviour ◽  
The World ◽  
Magnum Opus ◽  
The Law ◽  
The Times ◽  
The One ◽  
Theology And Philosophy ◽  
Ethics And Politics

The Mahabharata is an epic with encyclopaedic complexity. It weaves many mundane issues of political and social relevance with those of theology and philosophy. Without doubt the Mahabharata is a troubled story, a story of war and violence. Troubled times beckon distinct solutions, which appear at odds with socially recognized norms. The text understands these solutions in terms of apaddharma, the law of Exigency. We need to locate the concept and theory of apaddharma within the magnum Opus and attempt to comprehend its many layered meaning along with investigating if it were a digression from dharma. The vital issue is to postulate how it came to imply a law in the times of emergency. We mull over a number of issues that push one to use the tool of apaddharma. For instance, how do people negotiate crisis, especially the one that threatens their survival? Can a king justifiably stabilise his rule by becoming violent and what are the limits to political behaviour in the world of realpolitik? How does political conduct be adjusted within the frames of morality that demands steadfast conduct of ethical behaviour? Can the laws of apaddharma come to the rescue of the populace and the king? The dialectics becomes evident as we go deeper into studying the issue though our queries also start getting answered

scholarly journals On the Babylonian Origin of Symbolic Logic

Studia Humana ◽  
2017 ◽  
Vol 6 (2) ◽  
pp. 126-154
Author(s):  
Andrew Schumann
Keyword(s):  
Logical Reasoning ◽  
Symbolic Logic ◽  
Direct Influence ◽  
Modus Tollens ◽  
Legal Tradition ◽  
Stone Wall ◽  
The World ◽  
Logical Connectives ◽  
The Law ◽  
Logical Rules

Abstract The logical reasoning first appeared within the Babylonian legal tradition established by the Sumerians in the law codes which were first over the world: Ur-Nammu (ca. 2047 – 2030 B.C.); Lipit-Ishtar (ca. 1900 – 1850 B.C.), and later by their successors, the Akkadians: Hammurabi (1728 – 1686 B.C.). In these codes the casuistic law formulation began first to be used: “If/when (Akkadian: šumma) this or that occurs, this or that must be done” allowed the Akkadians to build up a theory of logical connectives: “... or…”, “… and…”, “if…, then…”, “not…” that must have been applied in their jurisprudence. So, a trial decision looked like an inference by modus pones and modus tollens or by other logical rules from (i) some facts and (ii) an appropriate article in the law code represented by an ever true implication. The law code was announced by erecting a stele with the code or by engraving the code on a stone wall. It was considered a set of axioms announced for all. Then the trial decisions are regarded as claims logically inferred from the law code on the stones. The only law code of the Greeks that was excavated is the Code of Gortyn (Crete, the 5th century B.C.). It is so similar to the Babylonian codes by its law formulations; therefore, we can suppose that the Greeks developed their codes under a direct influence of the Semitic legal tradition: the code was represented as the words of the stele and the court was a logic application from these words. In this way the Greek logic was established within a Babylonian legal tradition, as well. Hence, we can conclude that, first, logic appeared in Babylonia and, second, it appeared within a unique legal tradition where all trial decisions must have been transparent, obvious, and provable. The symbolic logic appeared first not in Greece, but in Mesopotamia and this tradition was grounded in the Sumerian/Akkadian jurisprudence.

Psychology from Egyptian, Arab, and Islamic Perspectives

1997 ◽  
Vol 2 (4) ◽  
pp. 356-365 ◽  
Author(s):  
Fouad A-L.H. Abou-Hatab
Keyword(s):  
Professional Identity ◽  
21St Century ◽  
The West ◽  
Islamic Perspective ◽  
National Heritage ◽  
Western Psychology ◽  
The World ◽  
The One

This paper presents the case of psychology from a perspective not widely recognized by the West, namely, the Egyptian, Arab, and Islamic perspective. It discusses the introduction and development of psychology in this part of the world. Whenever such efforts are evaluated, six problems become apparent: (1) the one-way interaction with Western psychology; (2) the intellectual dependency; (3) the remote relationship with national heritage; (4) its irrelevance to cultural and social realities; (5) the inhibition of creativity; and (6) the loss of professional identity. Nevertheless, some major achievements are emphasized, and a four-facet look into the 21st century is proposed.

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