The Strange Entanglement of Jurimorphs

2015 ◽  
Author(s):  
Bruno Latour
Keyword(s):  
Bruno Latour ◽  
The Law ◽  
The Individual ◽  
Shed Light

Bruno Latour closes out this volume by taking hold of several threads running through the preceding chapters. In addition to responding to a few of the criticisms that have cropped up, Latour offers remarks on the specific analyses developed in several of the chapters in order to shed light on crucial elements of the AIME project and his view of the legal mode of existence, addressing among other things domains, institutions, normativity, jurimorphs and a few modal crossings stimulated by the work of the book’s contributors. The outlines of a new concept – the red letter of the law – even begin to take shape as Latour moves between and among the compelling and original arguments of the individual chapters.

Conscientious Objection (European and American approaches)

Law and World ◽  
2020 ◽  
Vol 6 (2) ◽  
pp. 115-144
Keyword(s):  
Deep Understanding ◽  
Legal Protection ◽  
Legal Aspects ◽  
Conscientious Objection ◽  
State Regulation ◽  
Legal Responsibility ◽  
State Regulations ◽  
Conscientious Objectors ◽  
The Law ◽  
The Individual

The Article concerns the legal issues, connected with the situation, when a person (or group of people) disobey requirements of the Law or other State regulations on the basis of religious or nonreligious belief. The Author analyses almost all related issues – whether imposing certain obligation on individuals, to which the individual has a conscientious objection based on his/her religious beliefs, always represents interference with his/her religion rights, and if it does, then what is subject of the interference – forum integrum or forum externum; whether neutral regulation, which does not refer to religion issues at all, could ever be regarded as interference into someone’s religious rights; whether opinion or belief, on which the individual’s objection and the corresponding conduct is based, must necesserily represent the clear “manifest” of the same religion or belief in order to gain legal protection; what is regarded as “manifest” of the religion or other belief in general and whether a close and direct link must exist between personal conduct and requirements of the religious or nonreligious belief; what are the criteria of the “legitimacy” of the belief; to what extent the following factors should be taken into consideration : whether the personal conduct of the individual represents the official requirements of corresponding religion or belief, what is the burden which was imposed on the believer’s religious or moral feelings by the State regulation, also, proportionality and degree of sincerity of the individual who thinks that his disobidience to the Law is required by his/her religious of philosofical belief. The effects (direct or non direct) of the nonfulfilment of the law requirement (legal responsibility, lost of the job, certain discomfort, etc..) are relevant factors as well. By the Author, all these circumstances and factors are essencial while estimating, whether it arises, actually, a real necessity and relevant obligation before a state for making some exemptions from the law to the benefi t of the conscientious objectors, in cases, if to predict such an objection was possible at all. So, the issues are discussed in the prism of the negative and positive obligations of a State. Corresponding precedents of the US Supreme Court and European Human Rights Court have been presented and analysed comparatively by the Author in the Article. The Article contains an important resume, in which the main points, principal issues and conclusion remarks are delivered. The Author shows, that due analysis of the legal aspects typical to “Conscientious objection” is very important for deep understanding religious rights, not absolute ones, and facilitates finding a correct answer on the question – how far do their boundaries go?

Hobbes among the Classic Jurists

2018 ◽  
Author(s):  
David Boucher
Keyword(s):  
International Relations ◽  
International Law ◽  
The State ◽  
Law Of Nature ◽  
Law Of Nations ◽  
Complete Identification ◽  
The Law ◽  
The Individual ◽  
Hedley Bull ◽  
Hans Morgenthau

The classic foundational status that Hobbes has been afforded by contemporary international relations theorists is largely the work of Hans Morgenthau, Martin Wight, and Hedley Bull. They were not unaware that they were to some extent creating a convenient fiction, an emblematic realist, a shorthand for all of the features encapsulated in the term. The detachment of international law from the law of nature by nineteenth-century positivists opened Hobbes up, even among international jurists, to be portrayed as almost exclusively a mechanistic theorist of absolute state sovereignty. If we are to endow him with a foundational place at all it is not because he was an uncompromising realist equating might with right, on the analogy of the state of nature, but instead to his complete identification of natural law with the law of nations. It was simply a matter of subject that distinguished them, the individual and the state.

The Individual Conscience and the Law

1917 ◽  
Vol 27 (3) ◽  
pp. 317-333 ◽  
Author(s):  
Emile Boutroux
Keyword(s):  
The Law ◽  
The Individual

RevisitingCriticalLegal Pluralism: Normative Contestations in the Afghan Courtroom

2017 ◽  
Vol 4 (1) ◽  
pp. 229-255 ◽  
Author(s):  
Nafay CHOUDHURY
Keyword(s):  
Methodological Approach ◽  
Legal Pluralism ◽  
Legal Order ◽  
Fully Discrete ◽  
Active Defence ◽  
Defence Lawyer ◽  
The Individual ◽  
A Site ◽  
Individual Choices ◽  
Shed Light

AbstractThis paper revisits the concept ofcriticallegal pluralism, which treats the individual as a site of normativity with the capacity to create legal knowledge. To help operationalize the usage of critical legal pluralism, I propose a methodological approach that places the individual’s ability to makes choices along a continuum. On one side of continuum, legal pluralism can be viewed as facilitating fully discrete choices that ascribe to one legal order or another. On the other side, the ability to make individual choices is curtailed because of the presence of a hegemonic legal order. This simple continuum helps to shed light on the complex considerations that affect individual choices, which in turn affect how various legal orders are legitimated. The paper then considers how critical legal pluralism can enrich the discussion on the legal system of Afghanistan, focusing on interviews with two Afghan justice actors: a former judge and an active defence lawyer.

Drugs and their impact on the individual and society

2021 ◽  
Vol 27 ◽  
pp. 63-96
Author(s):  
INTISAR SHAHBAZ ◽  
Keyword(s):  
Drug Addiction ◽  
Drug Addicts ◽  
Negative Effects ◽  
Negative Behaviors ◽  
Deviant Behaviors ◽  
Positive Behaviors ◽  
The Family ◽  
Family Breakdown ◽  
The Individual ◽  
Shed Light

Abstract The problem of drug addiction for individuals, especially young people, is one of the most dangerous pests that cause many problems in various health, social and psychological aspects facing every society, but rather the whole world. The phenomenon of drug addiction often leaves individuals with dangerous negative effects on their behavior, whether towards themselves or towards others, and this requires the relevant institutions to strive for important and constructive solutions to reform such individuals, and then rid them of their negative behaviors, rehabilitate them and integrate them into society, to become active and effective individuals through their adoption of positive behaviors that are acceptable in line with the values, customs and traditions of their societies to which they belong. Therefore, our current study came to shed light on the most important effects resulting from the phenomenon of drug addiction among individuals through achieving the two research objectives which seek to know: 1- Causes of addiction to drug use among individuals 2- The effect of drug abuse on society. Upon verifying the two research objectives by relying on the analytical method of literature and previous studies, the two researchers reached the following results: First - The most important causes of youth addiction to drugs are poverty, begging, loss of one or both parents, the presence of a criminal in his family, invalid education and other various phenomena and deviations. Second - The symptoms of drug addiction push the addicted person to adopt deviant behaviors, as well as afflicting the addicted individual to psychological and mental pressures, and then afflicting his family with chronic diseases, in addition to the family breakdown occurring in the homes of drug addicts. Key words: drugs; Drug effect; The individual and society.

Appropriating Law in Harriet Beecher Stowe's Dred

2007 ◽  
Vol 62 (3) ◽  
pp. 380-406 ◽  
Author(s):  
Laura H. Korobkin
Keyword(s):  
North Carolina ◽  
Legal System ◽  
Slave System ◽  
Personal Beliefs ◽  
Great Dismal Swamp ◽  
Dismal Swamp ◽  
The World ◽  
The Law ◽  
The Many ◽  
The Individual

This essay investigates Harriet Beecher Stowe's interpolation of State v. Mann, a harsh 1829 North Carolina proslavery decision, into her 1856 novel Dred: A Tale of the Great Dismal Swamp. The essay argues that Stowe's use of State v. Mann continues a conversation about slavery that had been carried on through its text for many years in abolitionist writings. Bringing State v. Mann's circulation history into view shows Stowe engaging the antislavery establishment as well as the legal system, borrowing and imitating its techniques for handling proslavery materials. If her novel is infiltrated and structured by the many legal writings that it assimilates, its fictive world in turn infiltrates, interprets, and alters the significance of the writings she employs, so that proslavery legal writings are made to testify strongly against the slave system that they originally worked to maintain and enforce. Stowe's hybrid text dominates the law while smoothly assimilating it into an interpretive fictive context. Simultaneously, Stowe's typographical cues remind readers of State v. Mann's ongoing, destructive extratextual legal existence. By linking fictive context to legal content, Stowe's novel suggests that slave law must be read and interpreted as a unit that includes the individual suffering it imposes. Misreading State v. Mann as revealing its author's belief in the immorality of slavery, Stowe constructs a fictional judge who upholds slave law despite his personal beliefs. By absorbing, imitating, and besting the strategies and the reach of both legal and abolitionist writings, Dred implicitly stakes a claim for the superior power of political fiction to act in the world.

Atlantic, Pacific, and world-wide features in English-lexicon contact languages

2001 ◽  
Vol 22 (2) ◽  
pp. 157-208 ◽  
Author(s):  
Philip Baker ◽  
Magnus Huber
Keyword(s):  
World Wide ◽  
Statistical Feature ◽  
The Pacific ◽  
Geographical Regions ◽  
Feature Based ◽  
The Individual ◽  
Shed Light

This article analyzes the earliest known attestations of 302 lexical, functional, and grammatical features in 13 English-lexicon contact languages in the Atlantic and the Pacific. The main aims are (i) to shed light on the historical relationships between the individual varieties, (ii) to learn about the mechanisms at work in their genesis and development, and (iii) to examine the significance of features common to both geographical regions. Overall, our intention is to demonstrate that a statistical feature-based approach as proposed here can yield valuable insights into the development and interrelationships between Pidgins and Creoles.

scholarly journals Isolated individuals and groups show opposite preferences toward humidity

2018 ◽  
Author(s):  
Mariano Calvo Martín ◽  
Stamatios C. Nicolis ◽  
Isaac Planas-Sitjà ◽  
Jean-Christophe de Biseau ◽  
Jean-Louis Deneubourg
Keyword(s):  
Relative Humidity ◽  
Environmental Conditions ◽  
Group Level ◽  
Individual Level ◽  
Negative Effect ◽  
Multi Level ◽  
The Individual ◽  
Shed Light ◽  
Selection Of

AbstractCockroaches, like most social arthropods, are led to choose collectively among different alternative resting places. These decisions are modulated by different factors, such as environmental conditions (temperature, relative humidity) and sociality (groups size, nature of communications). The aim of this study is to establish the interplay between environmental conditions and the modulation of the interactions between individuals within a group leading to an inversion of preferences. We show that the preferences of isolated cockroaches and groups of 16 individuals, on the selection of the relative humidity of a shelter are inversed and shed light on the mechanisms involved. We suggest that the relative humidity has a multi-level influence on cockroaches, manifested as an attractant effect at the individual level and as a negative effect at the group level, modulating the interactions.

scholarly journals Commercial Appropriation of a Person's Image: Wells V Atoll Media (Pty) Ltd (Unreported 11961/2006) 2009 ZAWCHC 173 (9 November 2009)

2017 ◽  
Vol 14 (2) ◽  
pp. 181
Author(s):  
Steve Cornelius
Keyword(s):  
Modern Society ◽  
Commercial Exploitation ◽  
Business People ◽  
The Law ◽  
The Rich ◽  
The Individual ◽  
The Right

Our modern society has become transfixed with celebrity. Business people and marketers also endeavour to cash in on the popularity enjoyed by the stars and realise the value of associating merchandise or trademarks with the rich and famous. This leads to difficulties when the attributes of a person are apparently used without consent, which poses new questions to the law: should the law protect the individual against the unlawful use of his or her image? If so, to what extent should such protection be granted? These were some of the questions which the court had to answer in Wells v Atoll Media (Pty). The judgment in Wellshas redefined the right to identity and provided some clarity on what the infringement of that right would amount to. When the attributes of a person are used without consent, the right to identity can be violated in one of four ways. A person's right to identity can be infringed upon if the attributes of that person are used without permission in a way which cannot be reconciled with the true image of the individual concerned, if the use amounts to the commercial exploitation of the individual, if it cannot be reconciled with generally accepted norms of decency, or if it violates the privacy of that person.

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