Beyond the Society of Judgement: Deleuze and the Social Transitivity of Affects

2019 ◽  
Vol 13 (4) ◽  
pp. 541-551
Author(s):  
Claudia Landolfi
Keyword(s):  
Social Relations ◽  
Legal Subject ◽  
Main Form ◽  
The Social ◽  
The Subject ◽  
The Law ◽  
Legal Normativity

Legal apparatus looks like a set of norms which rely on a rational project of life, yet it is possible, following Deleuze but also Hume and Kafka, to recognise the irrational aspect of this system. Is the law a dream? In what relation is the law with the subject? If the legal subject acts in a dream, what are the results? This paper develops around such questions with the aim of critically reflecting on the foundations of subjectivity and its connections with the legal normativity that requires obedience as the main form of respect and adherence. In this apparently free and creative present, which is unfolded on a digital codex of information, it seems relevant to be highly suspicious of the barriers that are going to be tightened more and more around thought and its potential creative evolutions. Can we think of – beyond the legal/illegal, obedient/disobedient dichotomy – a system of social relations that, instead of giving space to the permanent and repetitive features of subjects, discovers a wider margin of affective, innovative and creative connections in response to the behavioral exemplifications of diktats?

scholarly journals Introduction: Some ponderings on the use of the law in the writing of histories

2001 ◽  
Vol 16 (2) ◽  
pp. 169-175
Author(s):  
NIMROD HURVITZ ◽  
EDWARD FRAM
Keyword(s):  
Legal Doctrine ◽  
Legal Cases ◽  
Legal Documents ◽  
Historical Significance ◽  
Partial Reconstruction ◽  
The Social ◽  
The Hours ◽  
History Of ◽  
The Subject ◽  
The Law

Professional jurists are often inquisitive about the subject matter of their calling and in the course of their careers may well develop fascinating insights into the law and those who interpret it. Their employers, however, be they governments, corporations, firms, or private clients, rarely show similar enthusiasm for such insights unless the hours spent pondering the social or historical significance of this or that legal view have a contemporary value that justifies the lawyer's fee.Thankfully, other members of society are rewarded for mining the legal records of the past. For legal historians, the search often focuses on the changing legal ideas and how legal doctrine develops over time to meet the changing needs of societies. Yet because the law generally deals with concrete matters – again, because jurists are paid by people who are unlikely to remunerate those who simply while away their hours making up legal cases – it offers a reservoir of information that can be used, albeit with caution, in fields other than just the history of the law.A partial reconstruction of the law of any given time and place is among the more obvious historical uses of legal documents but statutes, practical decisions, and even theoretical texts can be used to advance other forms of the historical endeavour. Legal works often reflect the values both of jurists and society-at-large, for while the law creates social values it is not immune to changes in these very values.

scholarly journals Concerning the Legal Regulation of the Order of Weapon Issue to Judges in the Russian Federation

2019 ◽  
pp. 12-20
Author(s):  
Rinat Mikhailovich Karimov
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Safety Measures ◽  
Legal Provisions ◽  
The Social ◽  
Analysis And Synthesis ◽  
The Subject ◽  
The Russian Federation

In this article Karimov analyzes whether it is necessary to amend available safety measures in relation to judicial authorities of the Russian Federation. The aim of the research is to analyze the current order of weapon issue to judges in the Russian Federation. The object of the research is the social relations rising in the process of implementation of legal provisions about the order of weapon issue to judges in the Russian Federation. The subject of the research is the legal acts that regulate the order of weapon issue to judges in the Russian Federaton. The researcher analyzes kinds of weapons that can be issued to a judge upon his or her written inquiry. The research is based on the comparative legal analysis of previous provisions about the order of weapon issue to judges and legal provisions that have been implemented just lately. The analysis is also based on the use of such research methods as analysis and synthesis, generalisation and logical research method. The author of the article proves the idea that the legal specificiation of the order of weapon issue to judges in the Russian Federation will eliminate possibility of attacking judges or their family members. The author focuses on the gaps in relevant legal regulations and suggests to review and make changes in the current law that regulates the order of weapon issue to judges. 

scholarly journals Variety of theoretical approaches to legal interpretation

2021 ◽  
pp. 109-114
Author(s):  
A. Yе. Shevchenko ◽  
S. V. Kudin
Keyword(s):  
Social Relations ◽  
Theoretical Approach ◽  
Special Kind ◽  
Integrative Approach ◽  
Legal Interpretation ◽  
True Nature ◽  
Theoretical Approaches ◽  
The Will ◽  
The Subject ◽  
The Law

The article explores the variety of theoretical approaches to legal interpretation. It has been determined that the variety of approaches to legal interpretation is due to the complexity of the nature of the origin of this phenomenon, the conditions for the development of post-non-classical science, and the recent influence of the paradigm of comparism, which assumes pluralism of opinions and ideas in legal research. It was found that in modern science there are four traditional theoretical approaches to the essence of legal interpretation. It has been determined that the content of the first approach is revealed within the framework of legal hermeneutics through a number of categories. The essence of the second approach (formal dogmatic or static) is expressed in the fact that the subject of interpretation must strictly and rigorously follow the letter of the law, establish only the meaning of the normative legal act, which the lawmaking body enshrined in it at the time of the publication of the act. That is why normative legal acts cannot, through interpretation, adapt to the changing economic, social, political, cultural internal and external conditions of public life. It is proved that the essence of the dynamic theoretical approach lies in the fact that the subject of legal interpretation adapts the normative legal act to the changes that occur in various social relations. It was found that there is a contradiction between the dynamic and static approaches in legal interpretation, which is reflected in the traditionally called objective and subjective theories of interpretation. According to the subjective theory, the purpose of legal interpretation is to establish the «will of the legislator», and according to the objective theory – to establish the «will of the law». It has been substantiated that the essence of the activity approach is that interpretation is considered as a special kind of legal activity aimed at understanding and clarifying the content of legal texts. The authors of this article point out that in order to establish the true nature of legal interpretation, the methodological foundations of the study should be presented much broader and more diverse, and not be limited only to traditional approaches. When studying it, a comprehensive, integrative approach is needed, which, based on the relevance of interdisciplinary relationships, would include logical, language (linguistic), philosophical, sociological, psychological, axiological (value), ethical, legal, historical, economic, political, mathematical and other substantiation of legal interpretation. Keywords: diversity, theoretical approach, legal interpretation, interpretive practice, integrative approach

Law and Philosophy: The Contribution of Mr. Roy Stone

1968 ◽  
Vol 26 (1) ◽  
pp. 131-140
Author(s):  
T. B. Hadden
Keyword(s):  
Recent Trend ◽  
Good Deal ◽  
Legal Studies ◽  
The Social ◽  
Total Failure ◽  
Important Means ◽  
The Subject ◽  
The Law ◽  
Integrated Study

The recent trend towards the socialisation of legal studies has not unnaturally caused a good deal of confusion and disagreement on the role of jurisprudence. However, since the law is centred on dispute and argument, there can be little real objection to the extension of the process to the philosophy of law. Still it would be difficult to devise a less immediately appealing way of re-establishing and reviving the subject of jurisprudence than another dose of the schools, or another tendentious review of contemporary exponents. My excuses for doing just that are not even particularly novel—an appreciation of the importance of the pressures towards an empirical approach to law and legal studies, and the usual desire to get some of the more distracting flies safely corked back again into their bottles. However, the total failure of the recent Cambridge Committee on the Organisation of the Social Sciences to produce even the outline of an overall structure for the integrated study of the law as an important means of social control does at least provide a suitable opportunity for the re-examination of the role of jurisprudence.

scholarly journals II.—The Insect Association of a Local Environmental Complex in the District of Holmes Chapel, Cheshire

1918 ◽  
Vol 52 (1) ◽  
pp. 37-78 ◽  
Author(s):  
Alfred E. Cameron
Keyword(s):  
New York ◽  
Social Relations ◽  
Ecological Study ◽  
Human Society ◽  
Insect Fauna ◽  
The Social ◽  
Study And Teaching ◽  
Animal Activity ◽  
The Subject ◽  
The Mind

That there is a decided need for the ecological study of insects and other animals was first brought home to the mind of the author whilst engaged upon the subject of a “General Survey of the Insect Fauna of the Soil” (vide Jour. Econ. Biol., vol. viii, part 3, 1913). Much information has been collected at various times by numerous authors, and especially those who have treated of the habits and behaviour of animals, but very little attempt has been made to systematise the data variously gathered, to explain the cause and effect of many obscure phenomena, or to make important observations accessible for the use of the animal ecologist. Thus, at present, we find ourselves on the threshold of practically a new and undisputed field, with opportunities for original and interesting research extending in innumerable directions. Dr C. C. Adams, now of Syracuse University, New York, who has written a most useful work, “the outgrowth of the effort as it has developed in the study and teaching of animal ecology,” in which is listed most of the literature applicable to the science, says (p. 10): “The associational is the phase of animal activity which may be considered as the form of animal behaviour which has developed into the human social relations,” and concludes that, because of the social character of human society, those interested in matters pertaining to the welfare of mankind, such as the sociologist, the physician, the sanitarian, and the agriculturist, will ultimately participate in a keener appreciation of the associational aspect.

scholarly journals KONSTRUKSI SOSIAL UPACARA ADAT KARO SUKU TENGGER DI DESA TOSARI, KECAMATAN TOSARI, KABUPATEN PASURUAN

2020 ◽  
Vol 9 (2) ◽  
Author(s):  
Endang Kumala Ratih ◽  
Anik Juwariyah
Keyword(s):  
Young People ◽  
Social Construction ◽  
Social Relations ◽  
Digital Technology ◽  
Social Relationship ◽  
Literature Study ◽  
The Social ◽  
The Subject ◽  
Village Communities ◽  
The Relationship

<p><em>Nowadays social relations in a society are less aware of, be it with nature, society, and society with God, especially in today's young people who are mostly influenced by digital technology that is growing very rapidly and is inherent in life which makes them very focused with cellphones and indirectly make them individualistic creatures. Through this article, the writer hopes to provide insight, especially to young people, that awareness of social relations is needed that can be realized through culture. The relationship between humans and God, humans and nature, and humans with each other has indirectly formed a social relationship, such as the Karo traditional ceremony, which is worship of the spirits of the ancestors in which there are several rituals as an expression of gratitude for a good harvest. . The Karo Day traditional ceremony involves village communities, one of which is in Tosari Village. The relationship between society and God, society and nature, society and each other, which is formed from the implementation of the Karo Day traditional ceremony, indirectly has a social relationship. This relationship was investigated using the social construction approach of Peter L. Berger and Thomas Luckmann. Data collection includes: 1) observation, by looking at the phenomena that are directly or indirectly related to the subject and object of research; 2) interview with the perpetrator; and 3) literature study and documents in the form of photos. The results of this study indicate that traditional ceremonies have an important role in maintaining and forming a social relationship. The Karo traditional ceremony is carried out every year by the Tengger tribe who believe in their ancestors, making a community that is full of tolerance, and adheres to values.</em></p><p><strong><em>Keywords: </em></strong><strong><em>Karo Traditional Ceremony, Tengger Tribe Community, Social Construction</em></strong><strong><em></em></strong></p><h2> </h2><p><strong>Abstrak</strong></p><p>Pada jaman sekarang hubungan sosial dalam suatu masyarakat kurang disadari, baik itu dengan alam, masyarakat sesamanya, dan masyarakat dengan Tuhan, khususnya dilingkungan anak muda jaman sekarang yang kebanyakan sudah terpengaruh oleh tekonologi digital yang berkembang sangat pesat dan melekat dalam kehidupan yang menjadikan mereka sangat terfokus dengan handphone dan secara tidak langsung menjadikan mereka makhluk individualis. Melalui artikel ini penulis berharap dapat memberikan wawasan khususnya kepada anak muda bahwa diperlukan kesadaran tentang hubungan sosial yang dapat direalisasikan melalui kebudayaan. Hubungan manusia dengan Tuhan, manusia dengan alam, dan manusia dengan sesamanya secara tidak langsung telah membentuk sebuah hubungan sosial, seperti pada upacara adat Hari Raya Karo yang merupakan pemujaan terhadap roh para leluhur yang didalamnya terdapat beberapa ritual sebagai pengungkapan rasa syukur atas hasil panen yang bagus. Upacara adat Hari Raya Karo melibatkan masyarakat desa, salah satunya didesa Tosari. Hubungan antara masyarakat dengan Tuhan, masyarakat dengan alam, masyarakat dengan sesamanya yang terbentuk dari pelaksanaan upacara adat Hari Raya Karo secara tidak langsung telah terjadi suatu hubungan sosial. Hubungan tersebut diteliti dengan menggunakan pendekatan konstruksi soial Peter L. Berger dan Thomas Luckmann. Pengumpulan data meliputi : 1) observasi, dengan melihat fenomena yang berhubungan langsung maupun tidak langsung dengan subjek dan objek penelitian; 2) wawancara dengan pelaku; dan 3) studi kepustakaan dan dokumen berupa foto. Hasil dari penelitian ini bahwa upacara adat memiliki peranan penting dalam menjaga dan membentuk sebuah hubungan sosial. Upacara adat Karo yang dilakukan setiap tahunnya oleh masyarakat suku Tengger yang percaya dengan leluhur, menjadikan masyarakat yang penuh toleransi, dan mentaati nilai-nilai.</p><p><strong>Kata Kunci : </strong><strong><em>Upacara Adat Karo, Masyarakat Suku Tengger, Konstruksi Sosial</em></strong></p>

scholarly journals Procedural problems in cases of tax violations discovered in the course of tax audits (Article 101 of the Taxation Code of the Russian Federation)

2020 ◽  
pp. 46-57
Author(s):  
Konstantin Evgenevich Shilekhin
Keyword(s):  
Statistical Analysis ◽  
Russian Federation ◽  
Social Relations ◽  
Document Analysis ◽  
Legal Regulation ◽  
Legal Norms ◽  
The Social ◽  
The Subject ◽  
The Russian Federation ◽  
Empirical Material

The goal of this article lies in studying the problems of administration of law in the course of brining taxpayers to tax liability and formulation of recommendations of their elimination. The object of this research is the social relations characterizing tax liability and procedural order in this regard. The subject is the legal norms establishing liability for tax violations, as well as regulation the activity of tax and judicial bodies pertinent to application of the fiscal legislation of the Russian Federation. Research methodology is based on the dialectical method of cognition of social reality. For collection, processing, generalization, analysis and interpretation of empirical material, the author uses the methods of induction and deduction, statistical analysis and document analysis. The conclusion is made on the weakness of normative legal regulation of separate procedures of legal investigation on tax violation in terms of the Article 101 of the Taxation Code of the Russian Federation. The author suggest making a number of amendments to the fiscal legislation to improve the mechanism of holding the taxpayers liable.

scholarly journals On the relevant questions of usage of information technologies for preventive purposes in oversight activity of the executive branch of government

2020 ◽  
pp. 27-37
Author(s):  
Ekaterina Nikolaevna Smirnova
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Information Technologies ◽  
Digital Technologies ◽  
Executive Branch ◽  
Legal Norms ◽  
The Social ◽  
The Subject ◽  
Close Integration

The subject of this research is the legal norms regulating the usage of digital technologies in oversight activity of the executive branch of government, as well as law enforcement practice of utilization of digital technologies for preventive purposes in oversight activity of the executive branch of government. The object of this research is the social relations establishing in the process of digitalization of the prevention of violations of mandatory requirements. The author examines such aspects as usage of artificial intelligence in prevention of violations of mandatory requirements, as well as analyzes the implementation of &ldquo;digital control&rdquo; preventive purposes of oversight activity of the executive branch of government. The main conclusions of the conducted research consists in determination of positive experience from implementation of digital technologies for preventing violations of mandatory requirements, as well as in proposal of the new ways of using digital technologies for improving the effectiveness of implementation of preventive vector of oversight activity. The author also revealed a number of problems that may arise in case of close integration of digital technologies into preventive vector of oversight activity. The novelty consists in the fact that this article is first to explore the question of digitalization of prevention of violations of mandatory requirements, analyze the prospects of usage of digital technologies, as well as outline the &ldquo;problematic&rdquo; aspects of the phenomenon under consideration.

scholarly journals The right to a fair trial: conceptual rethinking in an era of quarantine restrictions

2021 ◽  
Vol 10 (38) ◽  
pp. 168-177
Author(s):  
Boris Perezhniak ◽  
Dariia Balobanova ◽  
Liliia Timofieieva ◽  
Olena Tavlui ◽  
Yuliia Poliuk
Keyword(s):  
International Law ◽  
Social Relations ◽  
Common Law ◽  
Fair Trial ◽  
Legal Method ◽  
The Social ◽  
Cybernetic Method ◽  
The Subject ◽  
The Right

One of the most important places among the universally recognized rights is the right to a fair trial. The essence of this right is that any violated right can be restored through a particular procedure. In the absence of an effective method for the protection of rights and interests, the rights and freedoms recognized and enshrined in law are only declarative provisions. Given the significant role of the right to a fair trial and changes in its provision under quarantine restrictions, it is necessary to analyze the content of this right, highlight principal requirements and problematic aspects of implementation given the current conditions of social relations. The purpose of the work is to analyze the content of the right to a fair trial. The subject of the study is the social relations that arise, change, and terminate during the exercise of the right to a fair trial. The research methodology includes such methods as a statistical-mathematical method, method of social-legal experiment, cybernetic method, comparative-legal method, formal-legal method, logical-legal method, and method of alternatives. The study will analyze the content of the right to a fair trial as international law and national law, its impact and interaction with the national legal system of Ukraine, which includes theoretical, applied, and common law aspects and conceptual rethinking in an era of quarantine restrictions.

scholarly journals Foucault’s Keystone: Confessions of the Flesh

2021 ◽  
pp. 48-70
Author(s):  
Bernard E. Harcourt
Keyword(s):  
Social Relations ◽  
Social Order ◽  
History Of Sexuality ◽  
Homo Oeconomicus ◽  
Legal Subject ◽  
The Social ◽  
History Of ◽  
Legal Actor ◽  
The Moment ◽  
Biopolitical Power

The fourth and final volume of The History of Sexuality offers the keystone to Michel Foucault’s critique of Western neoliberal societies. Confessions of the Flesh provides the heretofore missing link that ties Foucault’s late writings on subjectivity to his earlier critique of power. Foucault identifies in Augustine’s treatment of marital sexual relations the moment of birth of the modern legal actor and of the legalization of social relations. With the appearance of the modern legal subject, Foucault’s critique of modern Western societies is complete: it is now possible to see how the later emergence of an all-knowing homo œconomicus strips the State of knowledge and thus deals a fatal blow to its legitimacy. The appearance of both the modern legal actor and homo œconomicus makes it possible to fold the entire four-volume History of Sexuality back into Foucault’s earlier critique of punitive and biopolitical power. And it now challenges us to interrogate how we, contemporary subjects, are shaped in such a way as to implicate ourselves—both willingly and unwittingly—in the social order within which we find ourselves and that, through the interaction of knowledge-power-subjectivity, we reproduce.

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