scholarly journals What Is the Next Step for Companion Pets in the Legal System?

2013 ◽  
Vol 1 (1) ◽  
pp. 253-285
Author(s):  
Schyler P. Simmons
Keyword(s):  
Civil War ◽  
Civil Rights ◽  
Civil Rights Movement ◽  
Legal System ◽  
Social Changes ◽  
Human Beings ◽  
The Social ◽  
The Law ◽  
Age Of Majority ◽  
The Relationship

The relationship between human beings and companion pets is changing. For purposes of this Comment, companion pets are the dogs and cats that people share their homes with. Today, more households have a dog or cat than children. Despite the social changes, companion pets are still classified as property. At some point in history, minors, women, and slaves were also classified as property. Through social revolutions, such as the Civil War, the Civil Rights Movement, and the Women’s Rights Movement, property classification for humans was dismantled. This Comment discusses the progression of minors’ rights and protections and how companion pets have gained similar rights and protections in various areas of the law. However, despite the increase in rights, companion pets still lack the ability to have status or standing in the legal system for the protection or promotion of their interests. Minors also do not have the ability to sue or be sued. Nevertheless, a guardianship system has developed in order to protect minors’ interest until the minors reach the age of majority. Guardians have certain duties and responsibility to minors. Owners of companion pets are not considered guardians, and courts do not appoint guardians; thus, those duties and responsibilities that protect minors do not apply to companion pets. In conclusion, this Comment argues that the next logical step for increasing the rights of companion pets is to establish a guardianship system similar to the system for minors.

The Science and Law of School Segregation and Diversity

2017 ◽  
Author(s):  
Roger J.R. Levesque
Keyword(s):  
Civil Rights ◽  
Civil Rights Movement ◽  
Legal System ◽  
Ethnic Disparities ◽  
School Segregation ◽  
Negative Effects ◽  
The Past ◽  
Legal Foundation ◽  
The Law ◽  
The One

The law does not square with people’s experiences of segregation and diversity. An empirical look at the legal system’s effectiveness in addressing school segregation reveals, from a practical perspective, that segregation persists and even surpasses levels before the civil rights movement. Yet, the legal system continues as though segregation is a thing of the past. Even more bizarre, the negative effects of racial and ethnic disparities in schooling are well documented, and the legal system compels itself to ignore much of them. To exacerbate matters, legal analysts increasingly interpret the law as a system that operates in a different world than the one documented by researchers who describe disparities and what could be done about them. For their part, researchers pervasively continue to document experiences without considering the legal system’s basic concerns. This book details the source of these gaps, evaluates their empirical and legal foundation, explains why they persist, and reveals what can be done about them.

scholarly journals CONCEPTION OF LEGAL PROTECTION IN ISLAMIC LAW

2019 ◽  
Vol 8 (2) ◽  
pp. 185
Author(s):  
Achmad Musyahid Idrus
Keyword(s):  
Civil Rights ◽  
Islamic Law ◽  
Legal Protection ◽  
Human Beings ◽  
Human Right ◽  
Applicable Law ◽  
Legal Provisions ◽  
The Social ◽  
The Law ◽  
Legal Subjects

Legal protection is a human right which is a basic need for every human being, both human beings as legal subjects and human beings as legal objects. As legal subjects, humans have civil rights that must be implemented in accordance with applicable legal provisions. Likewise with humans as legal objects, their rights must still be protected even though they have been convicted by law. Sometimes legal protection for humans cannot be realized because the source of the applicable law does not provide legal instruments and even the protection of the law does not materialize because of the lack of understanding of the source of the law which applies in society.Islamic law as one source of law and adopted in countries like Indonesia offers the conception of legal protection in accordance with the dignity and human rights, because of the flexibility of Islamic law, so that Islamic law can be understood and adjusted to the social development of the society. Islamic law that emphasizes public benefit guarantees the legal protection needed by the community, but the values of flexibility must still be explored from the main sources of the Qur'an and the hadith of the prophet.

scholarly journals A Random Stroll Amongst Anthony Trollope's Lawyers

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
James J. Fishman
Keyword(s):  
Legal System ◽  
Legal Profession ◽  
Legal Issues ◽  
Special Importance ◽  
Full Time ◽  
Human Beings ◽  
Wrong Decision ◽  
The Social ◽  
Adversary System ◽  
The Law

Abstract Anthony Trollope (1815–1882) resides in the pantheon of nineteenth century English literature. While working full time in his postal position until 1867, he still managed to publish 47 novels, travel books, biographies, short stories, collections of essays, and articles on various topics. Trollope has been described as the novelist of the ordinary for his realistic description of English society. Law and legal issues flow through Trollope's fiction. The legal system held a special importance to him as the skeleton upholding the social and political framework of the country. Over one hundred lawyers appear in his work and eleven of his novels feature trials or hearings. The law intrigued and exasperated him. Along with the lawyers and legal issues he depicts are ideas of the law and legal system that are part of elaborate philosophical and jurisprudential traditions, which he recognized. This article examines Trollope's changing attitude toward lawyers. It describes the structure of the Bar in terms of class, status and reputation. Trollope believed the legal system should ensure justice, and those who labored in the law should be the vehicle of that pursuit. Justice for Trollope was the meting out of rewards and punishments as the consequence of a right or wrong decision. However, the law, as he depicted it, was often an impediment to this process, and lawyers were unreliable guides. Initially Trollope portrayed lawyers critically as caricatures as evinced by such names as Alwinde, O’Blather, Slow & Bideawhile, Haphazard, and Chaffanbrass. He was outraged that barristers (lawyers who appear in court) put loyalty to their clients ahead of the search for truth and justice. The adversary system was flawed as the enactment of laws in accord with the laws of nature assumes an inbuilt moral compass in humans that contains self-evident truths of right and wrong. Trollope felt there was no reason why a right-minded person could not intuitively recognize the truth, so criminal law's adversary system was unnecessary. The legal system sought not the discovery of the truth but was more interested in aiding the guilty defendant to escape punishment. As he matured as a writer and achieved success, Trollope's understanding and appreciation of the legal profession changed. He met and become friends with leaders of the Bar, and they influenced his descriptions of lawyers, who became realistic and often admirable human beings. Beyond the legal problems of its characters, Trollope's later novels incorporated the social, political, and jurisprudential issues of the times and engaged the Victorian legal culture in a broader sense of history, traditions, continuity and change. Natural law principles were challenged during the Victorian era by positivist notions that law is what the statute books say. These divisions lurk in the background of his later portraits of lawyers and the legal system. In his later period Trollope created a realistic characterization of the legal profession at the time that offered universal insights into human nature.

Legitimizing black businesses: three examples from the Civil War to civil rights

2020 ◽  
Vol 26 (3) ◽  
pp. 377-396
Author(s):  
Keith Hollingsworth
Keyword(s):  
Civil War ◽  
Civil Rights ◽  
Civil Rights Movement ◽  
Design Methodology ◽  
Future Research ◽  
Social Construct ◽  
Content Type ◽  
The Past ◽  
The Social ◽  
Black Businesses

Purpose In “Reinventing Entrepreneurial History,” Wadhwani and Lubinski (2017) encourage the study of legitimacy, the sense that a new organization or venture “belongs” to, or fits within, the social construct of its time. Design/methodology/approach To this end, this query will consider methods used in the period between the Civil War and the Civil Rights Movement to show legitimacy in black economic endeavors. Three Atlanta entrepreneurs’ efforts will be used as demonstrative examples. Findings The overarching aim of this investigation of economic legitimization is to give practical examples of three distinct strategies in play: endorsement, authorization and storytelling. In addition, a fourth external actor, social organizations, that exists outside of the realms of media, government and law as noted by Bitektine and Haack (2015) is illustrated to grant validity within the black community. Also, the storytelling strategy is used to illustrate promoters, actors pushing legitimacy to benefit the community at large. Originality/value Arguably the search for economic and collective legitimacy within black businesses is not confined to the past. Stated in another way, black businesses still fight for legitimacy, and future research should be undertaken to show the similarities and differences in the two aforementioned periods.

The Liturgy of Dissent

2017 ◽  
Vol 16 (2) ◽  
pp. 186-199
Author(s):  
Steven L. Winter
Keyword(s):  
Civil Rights ◽  
Civil Rights Movement ◽  
Social Mechanism ◽  
Strong Affinity ◽  
The Social ◽  
The Law ◽  
Social Act

Dissent is a social act that comes freighted with a cultural and historical logic. It has its own iconography, mythology, and liturgy. The icons of dissent serve as paradigms for those whom they inspire. The myths of dissent offer the faithful reassuring stories of struggle and eventual triumph. The liturgy of dissent, in contrast, provides ritualized texts of remembrance, solace, and defiance. Commitment and community, empathy and identity, solidarity and sacrifice are its central themes. Though the liturgy of dissent bears a strong affinity to what Robert Cover identifies as the “texts of resistance,” the two are not the same. Texts of resistance expound the law by which a dissenting community defines the legitimacy and justice of its struggle. The liturgy of dissent, in contrast, proposes community rather than law. More importantly, the liturgy of dissent is the social mechanism by which a community transmutes suffering and sacrifice into normative triumph and, even, joy. This commentary examines this liturgy from the Book of Jonah through Socrates, Debs, Mandela, and the civil rights movement. Dissent, these paragons teach us, always comes with a heavy price. But their greatest lesson is that true dissenters prove their bona fides in accepting those costs with uncommon grace.

Religion, Race, and Sports

2018 ◽  
Author(s):  
Jeffrey Scholes
Keyword(s):  
United States ◽  
Civil Rights ◽  
Civil Rights Movement ◽  
Jim Crow ◽  
The United States ◽  
Baseball Player ◽  
Sports History ◽  
Jim Crow Era ◽  
The Relationship ◽  
African American Race

Race, religion, and sports may seem like odd bedfellows, but, in fact, all three have been interacting with each other since the emergence of modern sports in the United States over a century ago. It was the sport of boxing that saw a black man become a champion at the height of the Jim Crow era and a baseball player who broke the color barrier two decades before the civil rights movement began. In this chapter, the role that religion has played in these and other instances where race (the African American race in particular) and sports have collided will be examined for its impact on the relationship between race and sports. The association of race, religion, and sports is not accidental. The chapter demonstrates that all three are co-constitutive of and dependent on each other for their meaning at these chosen junctures in American sports history.

An Intimate Yet Anglo-Centric Account of a Renaissance Human Rights Man

2021 ◽  
Vol 54 (1) ◽  
pp. 120-134
Author(s):  
Dilek Kurban
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Civil Rights Movement ◽  
Social Inequalities ◽  
Political Conflict ◽  
Power Dynamics ◽  
Legal Scholar ◽  
Minority Community ◽  
The United Kingdom ◽  
The Social

In his well-researched biography, Mike Chinoy chronicles Kevin Boyle's life and career as a scholar, activist and lawyer, bringing to light his under-appreciated role in the civil rights movement in Northern Ireland and the efforts to find a peaceful solution to the conflict, as well as his contributions to human rights movements in the United Kingdom, Europe and the world. Are You With Me? is an important contribution to the literature on the actors who have shaped the norms, institutions and operations of human rights. In its efforts to shed light on one man, the book offers a fresh alternative to state-centric accounts of the origins of human rights. The book offers a portrait of a social movement actor turned legal scholar who used the law to contest the social inequalities against the minority community to which he belonged and to push for a solution to the underlying political conflict, as well as revelations of the complex power dynamics between human rights lawyers and the social movements they represent. In these respects Are You With Me? also provides valuable insights for socio-legal scholars, especially those focusing on legal mobilisation. At the same time the book could have provided a fuller and more complex biographical account had Chinoy been geographically and linguistically comprehensive in selecting his interviewees. The exclusion of Kurdish lawyers and human rights advocates is noticeable, particularly in light of the inclusion of Boyle's local partners in other contexts, such as South Africa.

scholarly journals Perubahan Sosial, Ijtihad dan Dinamika Hukum Islam

2018 ◽  
Vol 4 (1) ◽  
pp. 63-76
Author(s):  
Salamah Eka Susanti
Keyword(s):  
Social Change ◽  
Social System ◽  
Social Dynamics ◽  
Islamic Law ◽  
Social Changes ◽  
Cultural Objects ◽  
The Road ◽  
The Social ◽  
Rapid Changes ◽  
The Law

The Qur'an contains only a small number of detailed laws, while the sunna is limited to the cases that occurred in its time, so to solve new problems, ijtihad is required. In such a connection for a Muslim, new problems arising from the progress of science and technology, should not be confronted with confrontational passages, but must be solved by ijtihadi.Karena reality often occurs, that the development of society and public opinion faster the pace of the road from on the development of the law itself. The dynamics of people's lives are characteristic of change. Through the power of intention, power, and creativity, humans create cultural objects as a result of their creations. Changes that occur in society when observed can occur in various There are slow changes (evolution) and there are rapid changes (revolution). The social changes that occur in a society, directly or indirectly, affect institutions in various fields, such as government, economics, education, religion and so on. The continuation of an impact on the social system changes. When the law is faced with social change, it occupies one of its functions, which can function as a means of social control, and the law can serve as a means of social change. the characteristics of the law above is due to the inconsistency of social dynamics and the dynamics of law in the life of society. Unequaled dynamics of society and law, usually will bring social lag. From here, then comes a question whether Islamic law as a norm of God's determination can experience changes in accordance with the needs of the community? Ijtihad is an important factor for the development and development of Islamic law.Ijtihad done to answer the problems that arise in society that is not yet known legal status.ijtihad has a wide scope, the issues are not regulated explicitly dala m al-Qur'an and sunna can be done ijtihad. In order for humans to have breadth in determining its activities according to its ability, needs and environment. Therefore ijtihad in the field of Islamic law in anticipating the dynamics of society and social changes concerning the values, behavior patterns, and social system of a society is a concern in establishing Islamic law. Thus ijtihad is the third source in the development of Islamic law. Keywords: Social Change, Ijtihad, Law, Islamic.

scholarly journals Teologi Posmodern: Menimbang Konsep Naturalisme-Teistik

2015 ◽  
Vol 2 (1) ◽  
pp. 91
Author(s):  
Ghozi Ghozi
Keyword(s):  
Modern Science ◽  
Direct Influence ◽  
Human Beings ◽  
Islamic Theology ◽  
Indirect Influence ◽  
Postmodern Theology ◽  
External Dimension ◽  
The Law ◽  
The Relationship ◽  
The Universe

<p>This article will briefly discuss the problems of postmodern theology in the context of the relationship between God and nature. In this case, the author brings the conception of theistic naturalism in the view of classical theology of Islam. Theological conception of postmodernism (theistic naturalism) can be useful contributions to the refreshment of Islamic theology, particularly in the case <em>a</em><em>f</em><em>‘</em><em>â</em><em>l</em><em> </em><em>al</em><em>-</em><em>‘</em><em>ibâd</em> and its derivation. The concept of direct influence and indirect influence may help explain the intervention of God toward human beings without denying the law of causality, as the law that becomes standard of modern science. Nevertheless there are some things that need to be considered in this concept: <em>Firstly</em>, God is only the spirit of the universe, God has entrusted His power to the nature, and all the events occurred due to the co-creativity of God and nature. <em>Secondly</em>, God has no a direct influence on the external dimension, rather He is merely a Spirit of things who has influence on inner dimension.</p>

scholarly journals Boundary between Religion and Social Conflict —Perspective from the Civil Rights Movement

2018 ◽  
Vol 1 (2) ◽  
pp. 135
Author(s):  
Qiong Li ◽  
Jie Yang
Keyword(s):  
Civil Rights ◽  
Civil Rights Movement ◽  
Social Conflict ◽  
Safety Valve ◽  
Social Stability ◽  
Politics And Religion ◽  
Religious Factors ◽  
The Right ◽  
The Relationship ◽  
Positive Force

<em>Based on the background of American civil rights movement in which religious factors participated, this study analyzes the function of religious factors in civil rights movement from the perspective of political participation and the principle of separation of politics and religion, in order to consider the research paradigm of the relationship between religion and social conflict. It is believed that religious participation is helpful to exert the positive force of social conflict, the right of religious freedom has, to a certain extent, become the “safety valve” of social stability, and the development of religion is the embodiment of social pluralism and symbiosis.</em>

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