scholarly journals Interrelation between Law and Gospel in the system of social-ethic doctrine of the Polish Brethren

2021 ◽  
Vol 62 ◽  
pp. 72-86
Author(s):  
Konstantin S. Konoplyanko
Keyword(s):  
Social Order ◽  
Social Life ◽  
The Other ◽  
Social Ethic ◽  
Intellectual Heritage ◽  
Antinomian Controversy ◽  
The Law ◽  
West European ◽  
Law And Gospel

This paper explores the issue of correlation between the Law and the Gospel in the controversy of Polish brethren on social-ethical topics. The debating sides built their argumentation on varying understanding of the Holy Scripture texts in the forming of moral codex of “the proper Christians”. The radical side was determined that the proper Christian cannot be a part of peccable social order, based on the violent standards of Old Testament’s Law (Dekalog). The other, conservative one, believed that the Old Testament’s Law was not canceled by the Gospel, but was conversely fulfilled and explained by the Christ. Therefore, the proper Christian does have place in the actual social life, and also can be a magistrate, judge or soldier. The polemic between Polish brethren is based on intellectual heritage of West-European Reformation. It was inspired by the reception of anabaptism and its theological doctrine of non-resistance and “isolation from evil”. The religious arguments of the sides may be considered as a repercussion of antinomian controversy (at one time initiated by German reformers Ph. Melanchthon and J. Agricola).

scholarly journals Individual and Social in L.I. Petrazhitsky's Philosophy of Law

2021 ◽  
Vol 25 (3) ◽  
pp. 513-523
Author(s):  
Leonid Yu. Kornilaev
Keyword(s):  
Social Order ◽  
Social Life ◽  
Legal Theory ◽  
Psychological Theory ◽  
Life Forms ◽  
Mental Life ◽  
Emotional Life ◽  
The Social ◽  
The Law ◽  
Theory Of Law

Along with competing legal concepts of positivism and gnoseologism in the second half of the 19th century, a direction of legal psychology was formed, within which the psychological theory of law by the Russian and Polish lawyer L.I. Petrazhitsky takes a prominent place. L.I. Petrazhitsky's legal theory interprets the law as a mental phenomenon in a person's mind. The mental life forms the internal and external legal behavior. Studying the law becomes possible only by analyzing the subject's particular kind of emotional life - legal experience. Our focus on the individual's emotional world gives us reason to think of the theory as individualistic, i.e., close to the subject's mental life. At the same time, the Russian lawyer's psychological doctrine also gains explanatory potential for scrutinizing social life. It contains ideas that reveal such mechanisms of social functioning as the affirmation of the ideal of love as the ultimate goal of law-making, the priority of unofficial law in the life of society, and a specific interpretation of public and private law. The system of legal emotions is carried out on the social niveau and establishes such values as love and social order. The article reconstructs the main provisions of Petrazhitsky's psychological theory of law from the point of view of the interaction of its individual and social sides. The social potential of the Russian lawyer's theory appears capable of supplementing and explaining the ideas of socialism and sobornost discussed widely at the turn of the 19th and 20th centuries. Petrazhitsky's individualistic doctrine appears as a flexible concept, capable of fitting organically into various philosophical and sociological contexts.

scholarly journals When Justice Fails: Jurisdiction and Imprecation in Ancient Egypt and the near East

1992 ◽  
Vol 78 (1) ◽  
pp. 149-162 ◽  
Author(s):  
Jan Assmann
Keyword(s):  
Social Order ◽  
Near East ◽  
Social Institutions ◽  
Ancient Egypt ◽  
The Other ◽  
Near Eastern ◽  
The Social ◽  
The Law ◽  
The Difference ◽  
The One

In this comparative study of ancient belief and practice, the Egyptian evidence is analysed first, then placed in the wider context of the Near East. It is argued that, while laws and curses are both ways of preventing damage by threatening potential evildoers with punishment, the difference lies in the fact that in the one case punishment is to be enforced by social institutions, in the other by divine agents. Curses take over where laws are bound to fail, as when crimes remain undetected and when the law itself is broken or abandoned. The law addresses the potential transgressor, the curse the potential law-changer who may distort or neglect the law. The law protects the social order, the curse protects the law. These points are illustrated by extensive quotation from Egyptian and Near Eastern texts.

scholarly journals Quality in Jurisprudence

2017 ◽  
pp. 5-11
Author(s):  
Оле Хассельбальк ◽  
Ole Khasselbalk
Keyword(s):  
Social Life ◽  
Legal Theory ◽  
Scientific Research ◽  
The Other ◽  
Research Activity ◽  
Research Activities ◽  
Legal Science ◽  
The Common ◽  
The Law ◽  
Law Making

In the article the author formulates the main tasks of the legal science. He describes and enumerates various aspects of the scientific activities in the sphere of jurisprudence. The author asks the questions of what the law is and who is personally responsible for the legal researching. Composing the answers to his own questions, the author underlines, that the unified approach to the understanding of law how it is and to the methods, forms, ways and facilities, used while undertaking legal exploring and studies, should be refused. Besides this the author makes a statement, that the objectivity of the legal science and its being in a great social demand are directly depended upon the common people`s participation in the law making process. The author makes a true conclusion, that law, as a social phenomenon and public regulator, is completely and fundamentally based on traditions, habits, customs, culture and tenor of social life, which is law creator. The Scandinavian countries are shown by the author as an above said example, providing the active participation of the common inhabitants in the law making procedures there. The author expresses his own viewpoint, concerning the realization of the conception, aimed at the democratic, social and legal state maintaining procedure. In the article it is shown, that it can be fulfilled only through the rational, reasonably self – sufficing and conscientious law making. Further on the author displays the arguments, providing the existence of the mutual dependence between the appropriately effected law making and the properly ensured state and social interactivity promotion. The article also presents the correlation between the different and various criteria, implemented for the public law research and for the private law studies. Then the author makes a reader pay attention to the necessity to elaborate a real rank and a succession of the undertaken legal scientific research ventures in the sphere of law, in order to learn a human being first and only then to study a society but not on the contrary. At the same time it is very important to determine a subject, an object, the matter, the tasks, the goals, the facilities, a method and a way of scientific analytic research in learning law. It is also mentioned, that it is of a vital importance how to correlate and to consider the difference between the status and the development of legal theory on one hand and the legal practice on the other hand. The author is sure, that nowadays the convergence of the democratic and the autocratic methods, facilities, forms and ways of state governing should become one of the most substantial matters of the scientific research in the field of law. The author is persisting on his proposal of the obligatory usage of the potential of the other, contiguous to the legal one, adjacent sciences in order to obtain the most magnificent effect on the way to understanding law. At the very end of the article, while installing his inferences, the author describes his recommendations, targeted at the perfection of the scientific legal research activity quality, at the professional legal application level heightening and at the provision of the scholars` and of the legal practitioners` choice of the most optimal ways of approbation the results of the scientific research ventures, obtained by them. Particularly the author suggests promulgating these results done in the concrete determined forms, such as: through incorporating them into the process of teaching at the legal high schools, by a thorough selection of the informational resources for scientific analysis, by elaborating the criteria of the scientific research activities’ quality estimation and by combining the usage of the normative and functional approach to understanding the destination and the role of law.

scholarly journals O eksplanacyjnych możliwościach kulturowego ujęcia systemowości prawa

2016 ◽  
Vol 104 ◽  
pp. 61-72
Author(s):  
Tomasz Barankiewicz
Keyword(s):  
Social Life ◽  
The Other ◽  
Complex Phenomenon ◽  
Cultural Patterns ◽  
Late Modernity ◽  
Cultural Approach ◽  
Normative System ◽  
The Social ◽  
The Law ◽  
The One

ON THE EXPLANATORY POSSIBILITIES OF CULTURAL APPROACH TO SYSTEMIC CHARACTER OF LAWThe article discusses the issue of cultural understanding of the law. Generally in this study we describe the condition of society of the period of late modernity. First of all, we assume that, on the one hand, law is a certain system of norms founded traditionally according to the principle of non-contradiction, whereas on the other hand, the constituted law cannot be isolated from other regulators of social life. The law is a complex phenomenon and can be analyzed at many levels. However, using the social and cultural argument, the principle of non-contradiction refers to the whole axiological and normative system of a given culture. The cultural approach applied here points to both the diversity as well as the unity of cultural patterns and rules in social life.

scholarly journals Global Competences of Hungarian Young People in the Light of New Nationalism

2020 ◽  
Vol 10 (2) ◽  
pp. 26-51
Author(s):  
Marianna Fekete
Keyword(s):  
Young People ◽  
Social Order ◽  
Social Life ◽  
Public Life ◽  
Smart Phone ◽  
The Other ◽  
Far Right ◽  
Youth Research ◽  
Social Discomfort ◽  
The Stranger

AbstractIntroduction:In the context of national and global events of the last few years (wave of refugees in 2015, terrorist attacks, climate change, strengthening of far-right and radical parties, fake news and manipulation, etc.), the ability of making an independent opinion, making resolutions based on facts and knowledge, being able to see through the flooding information dumping, and creating the routine of selection are becoming extremely important issues. How do we think about ourselves and others, about “the Other” and “the Stranger”? More importantly, how do young people think about these social and public issues, how do they see themselves, the country and the world where they live, the present and the future that they will be shaping?Purpose:The primary goal of the study is to examine the global competences of Hungarian youngsters aged 15-29.Methods:For mapping global competences the data of Hungarian Youth Empirical Research (2016) are used.Results:The vast majority of Hungarian youngsters aged 15-29 are not interested in social, public life-related or political issues. As for the examination of the questions concerning attitudes, the choice of medium options on the scales was typical, which reflect either indifference, disinterest, insecurity or the lack of knowledge that would be necessary for expressing an opinion. Youngsters are the children of the “Technological Age”, online world is the most important scene for entertainment, communication, social life; however, they do not deal with public-life-related issues on their favourite social network sites. They also tend to keep distance from offline public-life, party- or political youth organisations. Among youngsters, the fear of strangers and migration is highly visible, a so-called “exclusionary attitude” describes them, global thinking is typical for only few of them.Discussion:The study confirms the previous research statements: Political passivism is typical for people aged 15-29 as their public and social life activism is extremely low. Their distrust towards the representatives of the democratic institutional system is also associated with a low-level interpersonal trust. However, as for their value preferences, the dominance of traditional values (family, love, friendship) is clearly conspicuous, and the role of nation and social order is gaining more importance. With regard to all these factors, the communication and free time spending habits of the young, we can state that their public life-related disinterest does not primarily stem from their smart phone and entertainment-centred attitude but it is mainly due to their disillusionment, their social discomfort and the erosion of their future beliefs. Among youngsters, a new nationalist tendency has also appeared, which means that they value their own group more and strongly devalue other, strange groups.Limitations:The Hungarian Youth Research, which analyses 8000 participants aged 15-29, can be regarded representative from the aspects of gender, age, education, settlement type and region. We can compare the research findings with all parts of the youth research series that started in 2000. Questions applied in the questionnaire are based on the previous waves (Youth 2000, Youth 2004, Youth 2008, Hungarian Youth 2012), so the database provides the possibility of outlining the trends.Conclusions:Concerning the attitudes and values of youngsters aged 15-29, close-mindedness, moderate tolerance, low personal and institutional trust, keeping distance from public life, and a high degree of disinterest are typical. The young, as well as the whole society, typically claim for national isolation, and they are not really willing to collaborate with “the stranger”, “the other”.

Reflexivity, Recursion and Social Life: Elements for a Postmodern Sociology

1989 ◽  
Vol 37 (4) ◽  
pp. 636-667 ◽  
Author(s):  
Robert Platt
Keyword(s):  
Computer Science ◽  
Social Order ◽  
Social Life ◽  
Practical Reasoning ◽  
The Other ◽  
The Social ◽  
And Mathematics ◽  
Sociological Concept

The paper examines, and seeks to develop, the sociological concept of reflexivity. It identifies two senses of reflexivity, one associated with ethnomethodological accounts of members' practical reasoning, the other with a more philosophical sense of conscious self-referencing, and analyses their relationship. The paper argues that the development of this form of analysis leads to a form of propositional undecidability which makes it typically ‘postmodern’. The development is linked to ideas of recursion, as these are expounded in computer science and mathematics, and to Derrida's interpretation of ‘textual fold’ – this also being used to ground the association of reflexivity with postmodernism. The analysis ‘returns to the social’ by considering aspects of Niklas Luhmann's explication of social reflexivity. It concludes by examining the understanding that a postmodern sociology might have of a postmodern society in which the grounds for social order have become undecidable.

scholarly journals Pengaruh Islam dan Budaya dalam Pembentukan Hukum dI Indonesia

2017 ◽  
Vol 11 (2) ◽  
pp. 219-246
Author(s):  
Ja'far Baehaqi
Keyword(s):  
Social Order ◽  
Systems Approach ◽  
Belief System ◽  
Social Engineering ◽  
The Other ◽  
State Law ◽  
Way Of Life ◽  
The Law ◽  
The One ◽  
And Behavior

ABSTRACT There is a relationship between Islam and culture on the one hand and the law on the other. This paper attempts to answer the question about the influence of Islam and the culture in the formation of law in Indonesia. Through a systems approach gained answer that Islam and culture in Indonesia plays an important role in creating social order and piety. As a comprehensive belief system that includes the dimensions of the hereafter and worldly at the same time Islam play the role as a source of inspiration and legitimacy. Meanwhile, as a product of human in responding to natural and life lived culture played a role as a way of life and behavior on the side of religion. As a means to create order and a tool of social engineering, law in Indonesia can not be separated from Islam and culture. Establishment of state law will inevitably have to consider Islam and culture. If not, then the law will be alienated and lose relevance.

Peranan Keluarga dalam Pendidikan Emosional Anak

1970 ◽  
Vol 13 (3) ◽  
pp. 426-440
Author(s):  
Yuni Setia Ningsih
Keyword(s):  
Social Order ◽  
Social Life ◽  
World View ◽  
Early Age ◽  
Way Of Thinking ◽  
Family Condition ◽  
Emotional Education

Family is a tiny scope that will bring someone to social life. The fine social order influenced by condition of every family inside it, because society is an accumulation and reflection of lifestyle, world view, even way of thinking of every individual in a family. Good or worse community at social life is depending on family condition. Family is playing important role to direct children to become good moral generation on and beneficial for society. Therefore, to realize that goal, children emotional education from early age at family scope is requirement. 

Dukungan Legislatif Dalam RUU KUHP Untuk Pemberantasan Korupsi: Pro dan Kontra Tindak Pidana Korupsi dalam RUU KUHPDukungan Legislatif Dalam RUU KUHP Untuk Pemberantasan Korupsi: Pro dan Kontra Tindak Pidana Korupsi dalam RUU KUHP

Jurnal Hukum ◽  
2016 ◽  
Vol 31 (2) ◽  
pp. 1721
Author(s):  
Muhammad Aziz Syamsuddin
Keyword(s):  
United Nations ◽  
Criminal Code ◽  
The Other ◽  
Deterrent Effect ◽  
United Nations Convention ◽  
Legislative Support ◽  
The Law ◽  
Shared Commitment ◽  
Crime Of Corruption

AbstractThe spirit of the eradication of corruption is running continually. Various efforts or strategies were arranged to sharpen the power of corruptions’ eradication. One of the strategies is legislation support or comprehend and effective legislation. It was proved by the enactment of Law No. 28 of 1999 on State Implementation of Clean and Free from Corruption, Collusion and Nepotism and also Law No. 31 of 1999 as amended by Law No. 20 of 2001 on Corruption Eradication. The other related legislation such as Law No. 30 of 2002 on Corruption Eradication Commission and the Law 8 of 2010 on the Prevention and Eradication of Money Laundering.  Those Supporting legislations show that there is a shared commitment to eradicate corruption. Indonesia has also ratified the UNCAC (United Nations Convention against Corruption) by Law No. 7 of 2006 on the UN Convention (United Nations) Anti-Corruption. Support legislation is expected to provide a deterrent effect for offenders and protecting the rights of citizens has a whole. Keywords: Legislative Support, Criminal Code Draft, Eradication, Crime of Corruption, Pros and Cons    AbstrakSemangat pemberantasan tindak pidana korupsi terus bergulir. Berbagai upaya atau strategi dibangun untuk mempertajam kekuatan pemberantasan korupsi. Salah satunya adalah dengan dukungan legislasi atau peraturan perundang-undangan yang komprehensif dan efektif. Dibuktikan dengan lahirnya Undang-Undang No. 28 Tahun 1999 tentang Penyelenggaraan Negara yang Bersih dan Bebas dari Korupsi, Kolusi, dan Nepotisme dan Undang-Undang No. 31 Tahun 1999 sebagaimana diubah dengan Undang-Undang No. 20 Tahun 2001 tentang Pemberantasan Tindak Pidana Korupsi. Adapun undang-undang terkait lainnya seperti UU No. 30 Tahun 2002 tentang Komisi Pemberantasan Tindak Pidana Korupsi dan UU No. 8 Tahun 2010 tentang Pencegahan dan Pemberantasan Tindak Pidana Pencucian Uang. Dukungan legislasi tersebut menunjukkan adanya komitmen bersama untuk memberantas tindak pidana korupsi. Indonesia juga  telah meratifikasi UNCAC (United Nations Convention Against Corruption) dengan UU No. 7 Tahun 2006 tentang Konvensi PBB (Perserikatan Bangsa-Bangsa) Anti Korupsi. Dukungan legislasi ini diharapkan memberikan efek jera bagi pelaku sekaligus melindungi hak-hak warga negara secara keseluruhan. Kata Kunci: Dukungan Legislatif, RUU KUHP, Pemberantasan, Tindak Pidana Korupsi, Pro dan Kontra

Genital Call and Genitals on Trial: by Giegold & Weiß (nGbK, 2014)

Screen Bodies ◽  
2016 ◽  
Vol 1 (2) ◽  
pp. 87-91
Author(s):  
Karen Fiss
Keyword(s):  
Sexual Assault ◽  
Male Student ◽  
The Other ◽  
Columbia University ◽  
The Law ◽  
Affirmative Consent

In California, where I live, an affirmative consent law was recently passed: often referred to as the “yes means yes” standard for sexual assault, it is now required of all colleges receiving state funds. Supporters of the law argue that campus rapists can no longer be exonerated because their victims did not resist or were incapacitated by fear, shame, or intoxication. On the other side of the country, a student at Columbia University became an icon in this ongoing legal struggle by carrying her mattress around with her everywhere, including to her graduation, as a sign of protest against the university’s refusal to expel the male student who raped her.

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