scholarly journals Possession, a fact and a right: An analogy in the light of creationism

2020 ◽  
pp. 122-167
Author(s):  
Paulo Felix de Souza ◽  
Joseval Martins Viana
Keyword(s):  
Free Will ◽  
Inductive Method ◽  
Property Law ◽  
Human Being ◽  
Knowing That ◽  
Specific Objective ◽  
The Law ◽  
The Right

This article aimed to bring an approach in terms of property law and its direct and indirect reflexes in the full exercise of domain. Knowing that there is no property without possession or possession without property, in this context it was verified that the right to property and the right of ownership are autonomous to each other, receiving differentiated treatment due to its elasticity or scope in which it implies in other branches of the right. These were the general objectives and in this wake the following possibility was suggested in relation to the specific objective: Would the Laws have been inspired by the Light of Creationism? What are the damages arising from the (Law No. 14,223/2006) in relation to the right to property and possession? In view of the hypothesis, this article became relevant by the historical Jewish-Christian content, respecting the free will of the Spirit of every human being. Thus, the research is characterized as an inductive method and nothing prevents the integrality of other methods by accidental or non-accidental routes. The research had as a source of references: the aid of doctrine, jurisprudence, laws and CF/88. Thus, because it does not have an aprioristic purpose, this article is open for future exploration.

Consciousness and “Unconscious Cerebration.”

1873 ◽  
Vol 19 (86) ◽  
pp. 202-217
Author(s):  
W. G. Davies
Keyword(s):  
Inductive Method ◽  
Knowing That ◽  
Present Aspect ◽  
Cerebral Physiology ◽  
The Right

Is consciousness something distinct from the intellectual operations named perceiving, conceiving, reasoning, recollecting, imagining; or do these operations ever take place in the absence of consciousness? In order to answer this vital question it is necessary that consciousness should be examined with a microscopic nicety, rarely, as we take it, attained to since Reid explored this field of science. When we consider that, for forty years, Reid, with an enthusiastic admiration for that inductive method which the genius of Newton and others illuminated with such brilliancy, questioned Nature, Nature in man, as to the character of perception, and decided that the objects disclosed by it were not mentally possessed; investigators are bound, for their own credit's sake, to show beyond doubt that Reid is in error before they flippantly accuse him of being singularly wanting in penetration. Yet the conclusion which is forced upon us by the present aspect of psychology and cerebral physiology, not to mention metaphysic, is to the effect either that Reid was singularly wanting in analytical ability, or that the living race of psychologists must be going far astray on a most vital point. We have lately been forced to believe that Reid is on the right road; yet, sooth to say, during many years objects have been to us, as it would seem to psychologists in general, a most fertile source of perplexity and confusion. It is only very lately we have succeeded in realising the fact that the object, or the known, is not an element of the knowing; that knowing is not knowing plus known, but knowing purely and simply, a single fact, not a double one; not a synthesis of consciousness and object, but consciousness only, that and nothing more.

scholarly journals The right to education of persons with disabilities

2017 ◽  
pp. 32-45
Author(s):  
Guillermo Moreno De Gracia
Keyword(s):  
Paradigm Shift ◽  
Human Being ◽  
Right To Education ◽  
Persons With Disabilities ◽  
Legal Standard ◽  
The Law ◽  
Diversity Curriculum ◽  
The Right ◽  
Educational Inclusion ◽  
Physical Accessibility

When speaking about education, we can't just think about the ordinary human being called "normal", but it should also address diversity. Curriculum accommodations, adaptations and physical accessibility are greatly important for educational inclusion to exist. A paradigm shift for educators involves the knowledge and acknowledgement of what disability is. On this note we outline from the legal standard all the instruments currently available which guarantee the right to education of personswith disabilities. Not only it is the Law or the standard, but there has to exist knowledge and acknowledgement of what it is in order for everyone to apply and comply.

The Recovery of Free Agency in the Theology of St. Augustine

1987 ◽  
Vol 80 (1) ◽  
pp. 101-126 ◽  
Author(s):  
James Wetzel
Keyword(s):  
Free Will ◽  
Jesus Christ ◽  
The State ◽  
Human Freedom ◽  
Human Being ◽  
Free Agency ◽  
Theological Discourse ◽  
The Law

In The Spirit and the Letter Augustine claims that grace not only avoids abrogating human freedom it actually establishes free will. His claim raises some intriguing questions. What sort of freedom is it that can be established only by the influence of another agent—in this case, God—and what sort of bondage is it that is overcome by grace? If we remain exclusively within Augustine's theological discourse, the answers come straightforwardly and by now have a ring of familiarity. The freedom in question is the state of loving God over and above his worldly and time-bound creations, fulfilling (with divine assistance) the demands of the Law, and finding one's happiness in reconciliation with the eternal through the mediation of Jesus Christ. Bondage is conversely the blindness and perversity of keeping one's attention fixed on creation apart from its relation to its Creator and of courting the satisfaction of only those desires which are framed independently of God's claims on every human being. Freedom is loving well or having a bona voluntas; bondage is loving aimlessly, unreflectively, and hence destructively.

scholarly journals The legislative activity of the Duke of Mazovia Janusz I of Warsaw 1381-1429

1970 ◽  
Vol 23 ◽  
pp. 102-123
Author(s):  
Patrycja Herod
Keyword(s):  
Family Law ◽  
Property Law ◽  
Private Law ◽  
Marriage And Family ◽  
Research Results ◽  
Legislative Activity ◽  
The Law ◽  
Court Proceedings ◽  
The Right ◽  
Law Of Succession

The article presents the legislative activity of Janusz I of Warsaw who from 1381 was an independent ruler of the Eastern Mazovia. It also offers an analysis of 15 legal instruments including 14 statutes and one landed privilege, which is the oldest known act of this type from the region of Mazovia delivered 21st June 1414 in Nowe Miasto for both the Czersk and Warsaw nobility. The article further deals with the division of specific regulations into criminal and private law, which includes marriage and family law, the law of succession, property law, obligations, the right of peasants to leave a village belonging to a feudal master as well as court proceedings. The article finishes with the presentation of the research results.

scholarly journals HADHANAH DALAM PRESPEKTIF IMAM MADHAB DAN KOMPILASI HUKUM ISLAM SERTA PENGARUHNYA TERHADAP PENDIDIKAN ANAK

2020 ◽  
Vol 5 (2) ◽  
pp. 69-94
Author(s):  
Masadah
Keyword(s):  
Islamic Law ◽  
Human Being ◽  
Legal Basis ◽  
Human Right ◽  
The Real ◽  
Cultural Rights ◽  
Children's Education ◽  
Real Education ◽  
The Law ◽  
The Right

When a divorce occurs, then at that time created due to the law including the Hadhanah which is basically the responsibility of both parents who will be held accountable before God. Education is a human right which is part of economic, social and cultural rights. Likewise with a child, he has the right to obtain proper education from his parents. The pattern of hadhanah is very influential on a child's education. The house is an inseparable part of education because it starts from home. Every human being gets an initial education. Certainly, the real education provided by educators is parents in the form of care (educating). Therefore in this paper we elaborate on the hadhanah, legal basis, time, who is entitled and the conditions and how the provisions of the Hadhanah in the Compilation of Islamic Law and the Effects of Hadhanah on Children's Education. This paper is expected to provide benefits to the reader, especially for divorced couples where the child of divorce can grow psychologically as normal as other children.

scholarly journals The Will and the Presence of Human Being in Abu al-Hasan al-Ash’ari’s Thought: Explaining the Relation between Human and God in Kalam Discourse

2021 ◽  
Vol 59 (1) ◽  
pp. 221-254
Author(s):  
Mohammad Yunus Masrukhin
Keyword(s):  
Free Will ◽  
Religious Experience ◽  
Phenomenological Approach ◽  
Human Being ◽  
Knowing That ◽  
Arabic Linguistics ◽  
Free Creature ◽  
Theological School ◽  
The Will ◽  
Will Of God

This article tries to problematize the mainstream academic perspectives about fatalistic orientation and predetermined will of mankind attributed to the thoughts of Abu al-Hasan al-Asy’ari, founder of theological school in Islam named after his name. Benefited from phenomenological approach it proves that Ash’ari has conceptualized that mankind is free creature represented by his/her will as it is related to the will of God. This article argues that Ash’ari’s assertion that humankind has freedom is based on the fact that he/she has ability to feel the presence of the will in his/her consciousness as something belongs to him/her. Departing from the logic of Arabic linguistics, freedom is defined as free will found in human being regardless of whether it is created by mankind or by God. Knowing that human will is created by God theologically doesn’t mean that the will is predetermined in the state of consciousness due to the fact that al-Qur’an states that God has created a feeling of freedom for human being to feel free not to feel being determined. Since the conception of being is elucidated linguistically by Ash’ari as being found by finder, this projection has firmly been compatible with projection of phenomenological consciousness. This article ends with conclusion that the feeling of will in the sense of consciousness of it manifests human freedom without neglecting the will of God. This relation of two wills has enabled human being to be aware of his/her freedom and God’s one as unseparated dualism in human religious experience. [Artikel ini mencoba untuk melakukan problematisasi atas pandangan para sarjana mainsntream dalam diskursus teologi yang menyatakan bahwa pemikiran Abu al-Hasan al-Asy’ari, pendiri mazhab Asy’ariah, adalah fatalistik. Lebih lanjut, artikel ini ingin membuktikan bahwa pemikiran Asy’ari mempunyai perhatian yang besar terhadap kebebasan manusia yang direpresentasikan oleh adanya kehendak manusia yang berelasi dengan kehendak Tuhan dengan pendekatan fenomenologis. Artikel ini menjelaskan bahwa Asy’ari menegaskan kebebasan manusia dengan argumentasi bahwa ia mempunyai kehendak yang hadir dalam kesadarannya dan dinisbatkan kepadanya; orang yang berkehendak adalah orang yang mempunyai kehendak tanpa melihat siapa yang mewujudkan kehendak tersebut. Meskipun Tuhan menciptakan kehendak untuk manusia, tapi secara sadar kehendak itu dinisbatkan manusia. Pandangan Asy’ari tentang kehendak dan kebebasan manusia didasarkan pada logika Bahasa Arab dengan menyatakan bahwa eksistensi adalah wujud yang ditemu oleh manusia yang menemukan, mempunyai kesesuaian dengan fenomenologi yang menyatakan bahwa eksistensi adalah relasi kesadaran manusia terhadap wujud. Dalam konteks ini, kehendak merupakan bukti yang paling kuat atas eksistensi manusia yang bebas. Artikel ini berkesimpulan bahwa dalam pandangan Asy’ari manusia adalah makhluk yang bebas melalui kehendaknya tanpa harus mengkorbankan kehendak Tuhan. Lebih lanjut kehendak manusia dan Tuhan merupakan dualisme kesadaran eksistensialisme yang tak bisa dipisahkan dalam pengalaman kemanusiaan religius.]

Consciousness and “Unconscious Cerebration.”

1873 ◽  
Vol 19 (86) ◽  
pp. 202-217 ◽  
Author(s):  
W. G. Davies
Keyword(s):  
Inductive Method ◽  
Knowing That ◽  
Present Aspect ◽  
Cerebral Physiology ◽  
The Right

Is consciousness something distinct from the intellectual operations named perceiving, conceiving, reasoning, recollecting, imagining; or do these operations ever take place in the absence of consciousness? In order to answer this vital question it is necessary that consciousness should be examined with a microscopic nicety, rarely, as we take it, attained to since Reid explored this field of science. When we consider that, for forty years, Reid, with an enthusiastic admiration for that inductive method which the genius of Newton and others illuminated with such brilliancy, questioned Nature, Nature in man, as to the character of perception, and decided that the objects disclosed by it were not mentally possessed; investigators are bound, for their own credit's sake, to show beyond doubt that Reid is in error before they flippantly accuse him of being singularly wanting in penetration. Yet the conclusion which is forced upon us by the present aspect of psychology and cerebral physiology, not to mention metaphysic, is to the effect either that Reid was singularly wanting in analytical ability, or that the living race of psychologists must be going far astray on a most vital point. We have lately been forced to believe that Reid is on the right road; yet, sooth to say, during many years objects have been to us, as it would seem to psychologists in general, a most fertile source of perplexity and confusion. It is only very lately we have succeeded in realising the fact that the object, or the known, is not an element of the knowing; that knowing is not knowing plus known, but knowing purely and simply, a single fact, not a double one; not a synthesis of consciousness and object, but consciousness only, that and nothing more.

scholarly journals Vote Trading and Electoral Success in Nigerian Democracy

2021 ◽  
Vol 10 ◽  
pp. 1362-1366
Author(s):  
Ilori Oladapo Mayowa ◽  
Keyword(s):  
Free Will ◽  
Free Choice ◽  
Political Influence ◽  
Vote Buying ◽  
External Interference ◽  
Electoral Success ◽  
Democratic Experience ◽  
Vote Trading ◽  
The Law ◽  
The Right

Democracy is based on the principle of the majority able to choose who leads them in a free and fair context devoid of external interference and political influence. The right to elect a wrong candidate is even part of democracy. The law cannot regulate the legitimate choices that the democratic free will is entitled to make. It chooses what it will. It rejects what it will not choose, or else the democratic free will ceases to be what it fundamentally ought to be, namely “free”. Vote trading is a concept in the Nigerian democratic experience. The issue of vote-trading has been in Nigeria's democracy since its inception but became prominent during the present democratic dispensation. Vote buying has been serving as a clog in the wheel of free choice which is the hallmark of a democracy. Unfortunately, not all people that being influenced by vote-buying know what is going on. Some people indulge in the act of vote-trading unknowing. This study which is mainly based on literature and conceptually looked at the influence of vote trading on voter’s free choice, the factors that influenced both vote buying and selling, and how it can be curbed. Consequently, past literature, like journals, books, and other publications on vote-trading were considered in this study.

scholarly journals DZIAŁALNOŚĆ USTAWODAWCZA KSIĘCIA MAZOWIECKIEGO JANUSZA I STARSZEGO 1381-1429

2017 ◽  
Vol 23 ◽  
pp. 103-124
Author(s):  
Patrycja Herod
Keyword(s):  
Family Law ◽  
Property Law ◽  
Private Law ◽  
Marriage And Family ◽  
Research Results ◽  
Legislative Activity ◽  
The Law ◽  
Court Proceedings ◽  
The Right ◽  
Law Of Succession

The article presents the legislative activity of Janusz I of Warsaw who from 1381 was an independent ruler of the Eastern Mazovia. It also offers an analysis of 15 legal instruments including 14 statutes and one landed privilege, which is the oldest known act of this type from the region of Mazovia delivered 21st June 1414 in Nowe Miasto for both the Czersk and Warsaw nobility. The article further deals with the division of specific regulations into criminal and private law, which includes marriage and family law, the law of succession, property law, obligations, the right of peasants to leave a village belonging to a feudal master as well as  court proceedings. The article finishes with the presentation of the research results.

scholarly journals Paradigma Hakim Atas Perlindungan Hukum Anak Luar Kawin Kajian Putusan Mahkamah Konstitusi Nomor 46/PUU-VII/2010

2020 ◽  
Vol 2 (1) ◽  
pp. 1-29
Author(s):  
Erikson Sihotang
Keyword(s):  
Civil Law ◽  
Secondary Data ◽  
Constitutional Court ◽  
Human Being ◽  
Court Ruling ◽  
Biological Father ◽  
Legal Relationship ◽  
Biological Mother ◽  
The Law ◽  
The Right

Article 28b paragraph (2) of the 1945 Constitution provides that "every child has theright to live, grow and develop and has the right to protection from violence anddiscrimination.” Child is the mandate at the same gift of Almighty God, which always shouldwe watch for in her inherent dignity, dignity, and rights as a human being which must beupheld. This paper analyzes the Constitution Court Decision No.46/PUU-VII/2010. Thedecision to make a breakthrough law for children born non-marital child. According toIndonesian civil law that non-marital child only have a legal relationship with his/herbiological mother, and according to the law number 1 of 1974 on Marriage that childrenborn non-marital child have a legal relationship with his/her biological mother dan his/her mother family. problem of this research, how are judge’s law paradigm in Decision No.46/PUU/VII/201. This research is the normative research, using the statutory approach, caseapproach and conceptual approaches. The main data is secondary data. Based on the resultsof the research thatThe judge’s paradigm in the constitutional court ruling is in contrast tothe Indonesian Civil Law and the law number 1 of 1974 on marriage. And according to theverdict non-marital child also has legal relationship with his/her biological father.

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