scholarly journals Axel Honneth: The law of freedom – Institutionalization of freedom in modern societies – A reconstruction and some remarks

2012 ◽  
Vol 7 (2) ◽  
Author(s):  
Jacob Dahl Rendtorff

This paper reconstructs the argument of Axel Honneth’s recent book Das Recht der Freiheit as a theory of the institutionalization of freedom in modern society. In particular, it looks at Honneth’s argument for the realization of freedom in law and morality that is proposed as a contemporary re-interpretation of Hegel’s Philosophy of Right. Then I discuss Honneth’s argument for the reality of freedom in the ethical spheres of civil society, in particular in the family, the market and in democracy. Finally, the paper proposes some critical remarks to Honneth’s theory.

Author(s):  
Lidija Rozentale

There is a continuous debate in the public space on the need for a legal framework for the partnership institute to ensure equal legal security for the family, regardless of the existence or non-existence of the legal fact of its foundation. The fundamental aspects of the debate include the insufficient regulatory framework and vulnerability of partners before the law, divergent national views on partnerships as a union between opposite-sex partners, religious beliefs condemning non-marital relationships, including the existing property issues in the context of partnerships. According to the Author of the Paper, the existing partnerships in Latvia are discriminated in favour for the marriage due to the moral views and legal aspects, as the individual living in the partnership is restricted in terms of access to information and is vulnerable in terms of property rights. For example, when an individual lives in the partnership, he or she is denied the right to be informed about the health status of the other partner and the existing liabilities in credit institutions. In cohabitation, the individual is not recognised as a member of the family of the tenant for the purpose of the Law on Residential Tenancy and the potential consequences of the partnership may be the denied right to inheritance or tenancy.Main methods used: sociological method for analysing the compliance of laws and regulations with public interests and aims. 


2017 ◽  
Vol 41 (2) ◽  
pp. 177-201
Author(s):  
Simon Lumsden

AbstractIn the Philosophy of Right Hegel argues that modern life has produced an individualized freedom that conflicts with the communal forms of life constitutive of Greek ethical life. This individualized freedom is fundamentally unsatisfactory, but it is in modernity seemingly resolved into a more adequate form of social freedom in the family, aspects of civil society, and ultimately the state. This article examines whether Hegel’s state can function as a community and by so doing satisfy the need for a substantial ethical life that runs through Hegel’s social thought. The article also examines why Hegel does not provide a detailed analysis of community, as a distinct sphere between the private and the public political sphere in the Philosophy of Right, and why it is not a key platform of his social freedom.


2018 ◽  
Vol 8 (3) ◽  
pp. 247-266
Author(s):  
Michelle L. Wilson

Initially, Oliver Twist (1839) might seem representative of the archetypal male social plot, following an orphan and finding him a place by discovering the father and settling the boy within his inheritance. But Agnes Fleming haunts this narrative, undoing its neat, linear transmission. This reconsideration of maternal inheritance and plot in the novel occurs against the backdrop of legal and social change. I extend the critical consideration of the novel's relationship to the New Poor Law by thinking about its reflection on the bastardy clauses. And here, of course, is where the mother enters. Under the bastardy clauses, the responsibility for economic maintenance of bastard children was, for the first time, legally assigned to the mother, relieving the father of any and all obligation. Oliver Twist manages to critique the bastardy clauses for their release of the father, while simultaneously embracing the placement of the mother at the head of the family line. Both Oliver and the novel thus suggest that it is the mother's story that matters, her name through which we find our own. And by containing both plots – that of the father and the mother – Oliver Twist reveals the violence implicit in traditional modes of inheritance in the novel and under the law.


Author(s):  
P. C. Kemeny

Protestants criticized prostitution because it threatened the family and ultimately civil society, and the Watch and Ward Society devised a campaign to shut down Boston’s red-light districts. These Protestant elites espoused traditional gender roles and Victorian sexual mores and endorsed the “cult of domesticity.” In the late nineteenth century, a number of reform organizations turned their attention to the “social evil,” as it was popularly called. The Watch and Ward Society’s quest to reduce prostitution placed it squarely within the larger international anti-prostitution movement. Moral reformers resisted all forms of policy that officially sanctioned or tacitly tolerated prostitution, instead arguing for its abolition. Their attempt to suppress commercialized sex eventually collapsed because of the lack of public support.


Author(s):  
Simon Deakin ◽  
David Gindis ◽  
Geoffrey M. Hodgson

Abstract In his recent book on Property, Power and Politics, Jean-Philippe Robé makes a strong case for the need to understand the legal foundations of modern capitalism. He also insists that it is important to distinguish between firms and corporations. We agree. But Robé criticizes our definition of firms in terms of legally recognized capacities on the grounds that it does not take the distinction seriously enough. He argues that firms are not legally recognized as such, as the law only knows corporations. This argument, which is capable of different interpretations, leads to the bizarre result that corporations are not firms. Using etymological and other evidence, we show that firms are treated as legally constituted business entities in both common parlance and legal discourse. The way the law defines firms and corporations, while the product of a discourse which is in many ways distinct from everyday language, has such profound implications for the way firms operate in practice that no institutional theory of the firm worthy of the name can afford to ignore it.


2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Hillel Schmid

Abstract The paper analyzes the relations between the government and Civil Society Organizations (CSOs) during the COVID-19 pandemic in Israel. The paper presents the inconsistent policy of the government, which has been influenced by various interest groups and the very limited financial support allocated to CSOs during the health, economic and social crisis. The paper describes the government’s alienated attitude toward the CSOs as well as the reasons for that behavior. Special attention is devoted to the government’s misunderstanding of the mission and roles of CSOs in modern society, especially at times of crisis and national disasters. The paper also analyzes the organizational and strategic behavior of CSOs toward the government, which has also contributed to the alienated attitude of the government toward them. I argue that relations between CSOs and the government should be based on more trust, mutuality, and understanding on the part of both actors in order to change power-dependence relations, and that there is a need to establish more cross-sectoral partnerships for the benefit of citizens.


2015 ◽  
Vol 741 ◽  
pp. 28-31 ◽  
Author(s):  
Chang Hyun Cho ◽  
Seung Bok Choi

In modern society, a plenty of car accident is occurred and a lot of people get injury every day. For this reason, the importance of car safety has been increased and car safety has been extensively studied. Especially in many countries, the law about using baby safety seat is legislated to protect babies and children from accident. Thus, recently numerous products for baby safety have been developed. In this paper, a new type baby car seat is proposed to protect babies and children from frontal accident. In order to achieve this goal, design requirements of spring and MR(Magnetorheological) Damper which are main elements for a new type baby car seat are investigated.


Think ◽  
2007 ◽  
Vol 5 (14) ◽  
pp. 93-102
Author(s):  
Colin P.A. Jones

Is the law displacing morality? And should it?‘Law is a bottomless pit and I have no inclination to fathom its depths.’


2011 ◽  
Vol 58-60 ◽  
pp. 359-363
Author(s):  
Ai Lin Zheng ◽  
Zhen Sheng Tao

Industrialization, information technology is a process of change of social capital. China's traditional social capital are mainly within the family, we must carry forward the expansion of traditional ethics and trust radius, The formation of the general trust in market economy, civil society organizations to promote the formation of modern social capital. Our government has an important role in formation of social capital.


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