scholarly journals AL-ARIYAH, AL-QARDH DAN AL-HIBAH

2015 ◽  
Vol 1 (2) ◽  
pp. 128
Author(s):  
Novi Indriyani Sitepu
Keyword(s):  
Social Contract ◽  
Infrastructure Development ◽  
The Social ◽  
The Law

<p>Sometimes, social contract is overlooked in society which in turn can cause problems. 'ariyah is seldom to be discussed in relation to the law, it is showed by the absence of DSN-MUI fatwa, about <em>ariyah</em> and specific discussion in KHES. Qardh that is applied in the banking and other LKS (<em>qard al hasan</em>) can be found  in the DSN-MUI Fatwa and KHES, as well as Grant. <em>Ariyah</em>, <em>qardh</em> and grants are <em>Sunnah</em> for the giver and the permission for the recipient. The social contract, the contract, <em>tabarru’</em> contract is used all these social contract are allocated properly,  the contribution for infrastructure development will be better.</p>

scholarly journals An Overview of Violence as a Vice of Consent

2021 ◽  
Vol 7 (2) ◽  
pp. 158-164
Author(s):  
Loredana VLAD ◽  
Keyword(s):  
Human Nature ◽  
Social Contract ◽  
The Other ◽  
Natural State ◽  
The Social ◽  
The Law ◽  
The Individual

People are considered bio-psycho-social beings. From the beginning of mankind, violence as part of human nature has manifested itself in relation to the other through the crime committed by Cain against his brother Abel. As time passed, it was found that a form of protection is needed to prolong the life of the individual, and thus by accepting the "social contract", man gave up his natural state in which freedom was absolute, in order to obey the law. In this paper I will bring to the fore a series of considerations with a focus on violence, emphasizing the idea of the vice of consent.

Overton, Richard (d. circa 1665)

2018 ◽  
Author(s):  
Udo Thiel
Keyword(s):  
Social Contract ◽  
Natural Law ◽  
The Social ◽  
The Law

Overton was one of the leading figures of the radical Leveller movement in England in the 1640s. He fought for the equality of all men before the law and for complete religious and political toleration, often by appealing to notions such as the social contract and the natural law. In metaphysics he denied that the soul is a separate immaterial and immortal substance, arguing that immortality is not achieved until the resurrection. His views on the soul may have influenced Milton.

scholarly journals Normatywność w Hobbesa koncepcji prawa

Etyka ◽  
2004 ◽  
Vol 37 ◽  
pp. 249-267
Author(s):  
Sebastian Szymański
Keyword(s):  
Social Contract ◽  
The State ◽  
The Real ◽  
Law Of Nature ◽  
Binding Force ◽  
The Social ◽  
Ultimate Source ◽  
The Law

The paper concerns conception of law presented in Hobbes’ Leviathan. The author argues that for Hobbes the ultimate source of the binding force (normativity) of law is the sovereign’s will, and reasons for that are „technical”. The sovereign creates laws, because he is a representative of the estate (“moral” or “artificial” person) which is the real author of the law. However, the existence of the state is dependent on its members’ will expressed in the social contract which Hobbes describes in terms of laws. The contract, however, needs background norms to bind its parties. Thus the social contract also cannot be the basis of normativity of the law, although it could be the cause of its being in force. Instead. the source of the binding force of the law is, on Hobbes’ view, the law of nature. This law is unchangeable, eternal, autonomous, and rationally knowable.

Insider Trading and the Social Contract

1995 ◽  
Vol 5 (2) ◽  
pp. 313-328 ◽  
Author(s):  
Steven R. Salbu
Keyword(s):  
Social Contract ◽  
Insider Trading ◽  
Equality Of Opportunity ◽  
Fiduciary Duty ◽  
The Social ◽  
Core Components ◽  
The Law ◽  
Unites States

Abstract:The law of insider trading has progressed from an expansive approach, according to which all trading on nonpublic information was considered illegal, to a constricted approach, under which corporate outsiders are permitted to trade on nonpublic information provided such trading does not breach a fiduciary duty. This article analyzes both the former, expansive theory and the currently utilized constricted theory, within a framework of basic tenets of the American capitalist social contract regarding legitimacy of property claims. The existing constricted approach to the regulation of insider trading is found to be deficient in meeting the expectations of two core components of the social contract: it discourages procedural equality of opportunity, and it endorses claims to property that are not characterized by legitimate methods of acquisition or transfer. Because the old, expansive regulatory interpretation was more consistent with the terms of the social contract in regard to property claims, it served our economic and ethical expectations more effectively than the system presently in place. Accordingly, the article culminates in a recommendation that the expansive approach to regulating insider trading be reestablished under Unites States law.

scholarly journals The Moral Foundations of the Constitution

ICR Journal ◽  
2018 ◽  
Vol 9 (3) ◽  
pp. 401-404
Author(s):  
Tengku Ahmad Hazri
Keyword(s):  
Social Contract ◽  
Moral Foundations ◽  
The Social ◽  
Recent Trends ◽  
The Law

Despite the primacy of Malaysia’s written constitution and despite its lofty status as the very foundation of the nation and the embodiment of the social contract, recent trends reveal a shift away from the black letters of the law towards a search for the moral foundations of the constitution, foundations that are largely unwritten. Significantly, from all sides of the debate the sanctity of the constitution itself has been upheld and, although different parties have advanced different interpretations of its ideals and history, none have gone to the point of challenging its validity. This is interesting, especially with reference to Malaysia, because the constitution itself was drafted by the Reid Commission, comprising five members, none of whom were Malayan. The constitution could have easily been construed as a remnant of neo-colonialism, but this has not happened. At least not so far.

D?r al-?arb as the Motherland? The Muslim Tatars of (the Grand Duchy of) Lithuania and Social Contract

2017 ◽  
Vol 10 (2) ◽  
pp. 157-177
Author(s):  
Egdūnas Račius
Keyword(s):  
Twentieth Century ◽  
Social Contract ◽  
Social Consequences ◽  
Nation State ◽  
The Social ◽  
State And Society ◽  
Muslim Minority ◽  
Grand Duchy Of Lithuania ◽  
In The Beginning ◽  
Grand Duchy

Muslim presence in Lithuania, though already addressed from many angles, has not hitherto been approached from either the perspective of the social contract theories or of the compliance with Muslim jurisprudence. The author argues that through choice of non-Muslim Grand Duchy of Lithuania as their adopted Motherland, Muslim Tatars effectively entered into a unique (yet, from the point of Hanafi fiqh, arguably Islamically valid) social contract with the non-Muslim state and society. The article follows the development of this social contract since its inception in the fourteenth century all the way into the nation-state of Lithuania that emerged in the beginning of the twentieth century and continues until the present. The epitome of the social contract under investigation is the official granting in 1995 to Muslim Tatars of a status of one of the nine traditional faiths in Lithuania with all the ensuing political, legal and social consequences for both the Muslim minority and the state.

Some reflections on social structure: Theoretical and practical aspects

2020 ◽  
Vol 18 (6) ◽  
pp. 1063-1078
Author(s):  
T.N. Skorobogatova ◽  
I.Yu. Marakhovskaya
Keyword(s):  
Service Industry ◽  
External Factors ◽  
Infrastructure Development ◽  
Social Infrastructure ◽  
Social Sphere ◽  
The Social ◽  
Study Results ◽  
The Republic ◽  
Internal And External Factors ◽  
The Impact

Subject. This article discusses the role of social infrastructure in the national economy and analyzes the relationship between the notions of Infrastructure, Service Industry and Non-Productive Sphere. Objectives. The article aims to outline a methodology for development of the social infrastructure of Russia's regions. Methods. For the study, we used the methods of statistical and comparative analyses. The Republic of Crimea and Rostov Oblast's social infrastructure development was considered as a case study. Results. The article finds that the level of social infrastructure is determined by a number of internal and external factors. By analyzing and assessing such factors, it is possible to develop promising areas for the social sphere advancement. Conclusions. Assessment and analysis of internal factors largely determined by the region's characteristics, as well as a comprehensive consideration of the impact of external factors will help ensure the competitiveness of the region's economy.

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