Of Wonder and Changing the World: Philip Allott’s Legal Utopianism

2018 ◽  
Vol 60 (1) ◽  
pp. 335-364
Author(s):  
Jens T. Theilen
Keyword(s):  
Legal Theory ◽  
Human Action ◽  
Law And Society ◽  
Human Beings ◽  
Open Future ◽  
Utopian Studies ◽  
The World ◽  
The Future ◽  
The Law ◽  
Utopian Thought

Utopian perspectives on law are rare – both within legal theory, which generally eschews utopianism as frivolous and unrealistic, and within utopian studies, which have argely neglected to analyse the role that law plays in utopia or on the path towards it. Philip Allott’s work, and his latest monograph ‘Eutopia’ in particular, constitutes a notable exception which is positioned at the intersection between law and utopianism, and this paper aims to explore that intersection with a view to identifying the conceptualisation of law that it implies. To tease out the utopian elements in Allott, I suggest reading ‘Eutopia’ in light of Ernst Bloch’s ‘The Principle of Hope’. Three related utopian themes can thus be identified: the orientation towards the future based on dreams, imagination, and educated hope; the defamiliarisation from the present to open up possibilities of change; and the situation of utopian thought in relation to present reality, dynamically construed, with an emphasis on the need for action by human beings to propel society towards a utopian future. I argue that this framework leads to a utopian account of law which is critical of the law as it stands, dynamically oriented towards an open future, and in the hands of human beings who have the power to shape and transform its content. The conclusion considers the implications of this analysis for the genre of text to which ‘Eutopia’ belongs: If the point is to transform law and society by way of human action, then it constitutes a utopian manifesto that aims to instigate a sense of responsibility among its readers, and thus achieve the world as it could be.

scholarly journals Two Conceptions of Second Nature

2020 ◽  
Vol 3 (1) ◽  
pp. 68-80 ◽  
Author(s):  
Georg W. Bertram
Keyword(s):  
The Other ◽  
Human Beings ◽  
Open Future ◽  
Second Nature ◽  
Other Hand ◽  
The World ◽  
Cognitive Activities ◽  
The Open Future ◽  
The One ◽  
First Nature

AbstractThe concept of second nature promises to provide an explanation of how nature and reason can be reconciled. But the concept is laden with ambiguity. On the one hand, second nature is understood as that which binds together all cognitive activities. On the other hand, second nature is conceived of as a kind of nature that can be changed by cognitive activities. The paper tries to investigate this ambiguity by distinguishing a Kantian conception of second nature from a Hegelian conception. It argues that the idea of a transformation from a being of first nature into a being of second nature that stands at the heart of the Kantian conception is mistaken. The Hegelian conception demonstrates that the transformation in question takes place within second nature itself. Thus, the Hegelian conception allows us to understand the way in which second nature is not structurally isomorphic with first nature: It is a process of ongoing selftransformation that is not primarily determined by how the world is, but rather by commitments out of which human beings are bound to the open future.

Why Psychoanalysis Matters to Law

2017 ◽  
Author(s):  
Anne C. Dailey
Keyword(s):  
Lived Experience ◽  
Criminal Law ◽  
Legal Theory ◽  
Practical Knowledge ◽  
Individual Freedom ◽  
Human Beings ◽  
Legal Doctrine ◽  
Legal Rules ◽  
The Law ◽  
Theoretical Foundations

This chapter describes the contribution contemporary psychoanalysis has to make in three specific areas: legal theory, legal doctrine, and adjudication in the courtroom. Psychoanalysis improves the law’s theoretical foundations by modifying its foundational presumption of rationality. Psychoanalysis also helps to reform legal doctrine by identifying those particular subject matter areas, primarily family law and criminal law, where the law’s presumption of rationality leads to unjust legal rules. With domestic violence as its example, this chapter shows how psychoanalysis offers a body of practical knowledge that humanizes the law by bringing legal rules into line with actual, everyday lived experience. And finally, psychoanalysis reveals the deep tension between the law’s focus on individual moral responsibility for behavior and the law’s objective methods of proof in the courtroom. Psychoanalytic insights into the art of proving what really happened in a case can move law in the direction of a more empathic and forgiving model of judging. Overall, the psychoanalytic study of the law unveils the damaging consequences of the law’s rationalist assumptions about who we are as human beings, and offers an alternative, humanistic perspective in line with law’s foundational ideals of individual freedom and systemic justice.

scholarly journals PKM KATEKESE TENTANG MENGHAYATI NILAI KERAJAAN ALLAH DALAM ERA DIGITAL BAGI ANGGOTA KMK. ST. MARTINUS PAROKI PERSIAPAN ST. MARINUS PU’URERE

2020 ◽  
Vol 1 (1) ◽  
pp. 32-41
Author(s):  
Aurelius Fredimento ◽  
John M. Balan
Keyword(s):  
Kinetic Energy ◽  
Technology Development ◽  
Kingdom Of God ◽  
Flowing Water ◽  
Human Beings ◽  
Media Communication ◽  
The World ◽  
The Future ◽  
The Media ◽  
The Church

The development and the progress of media communication at the present is a fact of the knowledge and the technology development that must be accepted. It presence like the flowing water which has a fast current that brings also two influences both positive and negative that must be accounted for the members of the Catholic Students Community Of St. Martinus Ende (KMK St. Martinus Ende). Both positive and negative influences the media community like a kinetic energy or a power attraction that attract  them in a tiring ambiquity. Let them walk alone without escort of a decisive compass where they should have a rightist attitude and responsible. On the point, the guidance and assistance of the church is an  offering  if the church will be born a generation  of the future  of the  church  that is mature and has a certain quality  based  on the growth  and the development  of acuteness and inner  to determine the attitude to the development of media communication. The process of sharpening of mind and the sharpeness of the participants can be realized by giving some activities such as: awareness, deepening and even  the sharpeness of the actor of  media communication as an  alternative of reporting work of the God Kingdom for human beings. It becomes the main moving spirit or activator  for the board of KMK Of St. Martinus Ende  to plan and boring  about the activity of catechism. The activity rise the method of Amos.  By this method, the participants are invited to build a deeply reflection that based on thein real experiences about the media communication, while keep on self opening to the God planning will come  to them  and  give them via  the commandment of God.  The commandment  of God  come to light, inspiration, motivate, power and critics to the  participants about the using of the media communication as a media of the commandment of the kingdom of God  to the world that is more progress and development lately.

scholarly journals Aftershocks: Globalism and the Future of Democracy

2021 ◽  
Keyword(s):  
Social Services ◽  
Political Representation ◽  
Human Beings ◽  
Social Resilience ◽  
The World ◽  
The Future ◽  
The University ◽  
Global And Local ◽  
The City ◽  
Selection Of

This digital publication consists of a selection of 56 papers presented at the 16th International Conference of the International Society for the Study of European Ideas (ISSEI), held at the University of Zaragoza, 2-5 July 2019, the general theme of which was ‘Aftershocks: Globalism and the Future of Democracy’. Sponsored by The Aragonese Association of Sociology, the conference was well-attended – 170 participants from 28 countries met to discuss a wide variety of topics in 29 workshops. The feedback we received from participants confirmed that they had greatly enjoyed the venue of the conference, that they appreciated the warm welcome they had received and the congenial social atmosphere and opportunity to attend workshops on subjects that were not only in their own field of expertise. No one, of course, could have predicted that our world – our work and life as individuals, as communities and as nations – would change so suddenly and radically eighteen months after the conference, with the rapid and devastating spread of the Convid-19 pandemic. The current deepening global crisis along with the challenge of climate change and growing international tensions are a stark reminder of how vulnerable our societies, our civilization, and our species are. The shocks and aftershocks of these crises are felt today in every corner of the world and in every aspect of our global and local economies, and most obviously in the sociopolitical arena. As several of the conference workshops on the multiple crises Europe and the world face today – from the migrant crisis to the rise of populism and deepening inequality between rich and poor – showed – and as the Covid-19 pandemic has so cruelly brought home to us – we simply cannot take the achievements of human civilization for granted and must find ways to meet the fundamental social and political needs of human beings not only in our own neighborhoods, cities and countries, but ultimately in the world as a whole: their living conditions, livelihoods, social services, education and healthcare, human rights and political representation. Several of the workshops, as I mentioned, directly addressed these issues and emphasized the need for building social resilience based on tolerance, solidarity and equity. This too is why, as academics, we should continue to initiate and engage in collective reflection and debate on how to foster and strengthen human communities and human solidarity. Finally, I want to thank the participants and workshop chairs for their contribution to the success of the conference. It was a pleasure for me to work with the university organizing team and with ISSEI’s team in bringing this about, and I am particularly proud that my university and the city of Zaragoza hosted this conference.

scholarly journals Occasionally, He’s a Somniaticidal Maniac: Stephen Graham Jones Reclaims Home and History

2019 ◽  
pp. 77-91
Author(s):  
Theodore C. Van Alst, Jr.
Keyword(s):  
Native American ◽  
American Literature ◽  
Environmental Activism ◽  
Native American Literature ◽  
Human Beings ◽  
The Earth ◽  
The World ◽  
The Future ◽  
Mother Earth

Environmental activism and preservation of the land, acknowledgement of our shared responsibilities to the planet, to unci maka, to Mother Earth, to our home; these are obligations of love we as human beings embrace with devoted regularity. But what happens when we look at stories that might destroy the world entirely, might remold, reshape, reclaim and remake (or perhaps even “rename” in a restorative move) our histories and homes? What is the reception for works that defy the expectations of devotion to the environment in Native American literature one genre at a time? That address historic erasure by reshaping the future? This paper will examine some of Stephen Graham Jones’s prolific works, including Sterling City, “How Billy Hanson Destroyed the Earth, and Everyone on It,” as well as Chapter Six, all published in a variety of platforms and collections. In each instance, the worlds as home and future history described are decidedly reclaimed, perhaps for good reasons, and perhaps for not so good reasons. The worlds offered to choose from, however, are ones that will likely give you nightmares, or at least pause, even in the daylight.

scholarly journals A Short Apocalyptic Text Based on the Prophecy of Ezra (Esdras Salathiel)

Aethiopica ◽  
2019 ◽  
Vol 21 ◽  
Author(s):  
Getatchew Haile
Keyword(s):  
Sixteenth Century ◽  
Jesus Christ ◽  
Apocalyptic Literature ◽  
The World ◽  
The Future ◽  
Future Events ◽  
The Law ◽  
End Of The World ◽  
Second Coming

The main themes of the text, occasionally ascribed to Ezra (Salathiel), are the Second Coming of Jesus Christ, the end of the world, the future rulers of Ethiopia, and the honouring of the Sabbaths. It is cast in the spirit of 4 Ezra, quoting it and Jubilees occasionally and extensively. As in 4 Ezra, its author is interested in knowing and declaring the future to call the faithful to observe the law and the ordinances. Reckoning the time by cycles, aqmar, provides him the revelation of future events ‘with exact dates’. The text, composed before the sixteenth century, is one more source of Gǝʿǝz apocalyptic literature. The article is an edition and translation of it as preserved in EMML 6429, fols 9v–39r.

scholarly journals Menilik Akseptabilitas Perkawinan Sesama Jenis di dalam Konstitusi Indonesia

2018 ◽  
Vol 14 (3) ◽  
pp. 620
Author(s):  
Timbo Mangaranap Sirait
Keyword(s):  
Natural Law ◽  
Legal Theory ◽  
Major Elements ◽  
Same Sex ◽  
Same Sex Marriage ◽  
The World ◽  
Bisexual And Transgender ◽  
The Law ◽  
Life Phenomena ◽  
Different Parts

Diskursus hubungan antara hukum dengan “moral” dan “fakta” selalu saja menarik untuk dibahas di kalangan sarjana hukum. Hukum kodrat irrasional adalah teori hukum besar yang pertama yang cara pandangnya theocentris mengakui bahwa hukum bersumber dari “moralitas” Tuhan YME. Derivasi nilai moral universal ternyata semakin bermetamorfosa dalam berbagai fenomena kehidupan kemudian dituntut agar diperlakukan setara di hadapan hukum. Di berbagai belahan dunia, Gerakan LGBT (Lesbian, Gay, Biseksual, dan Transgender) dengan perjuangan perkawinan sesama jenis berkembang semakin luas dan telah memfalsifikasi dominasi perkawinan kodrati heteroseksual. Untuk itu, perlu ditilik secara reflektif filosofis akseptabilitas Konstitusi Indonesia atas perkawinan sesama jenis ini. Penelitian ini dilakukan dengan metode pendekatan yuridis normatif melalui cara berpikir deduktif dengan kriterium kebenaran koheren. Sehingga disimpulkan: pertama, kritikan hukum kodrat irrasional yang teosentris terhadap perkawinan sesama jenis, menganggap bahwa sumber hukum adalah “moral” bukan “fakta”, oleh karenanya aturan perundang-undangan dipositifkan dari/dan tidak boleh bertentangan dengan moral Ketuhanan. Oleh karena itu, menurut hukum kodrat irrasional perkawinan sesama jenis tidak mungkin dapat diterima dalam hukum karena bertentangan dengan moralitas Ketuhanan Y.M.E. Kedua, bahwa Konstitusi Indonesia menempatkan Pancasila sebagai grundnorm dengan sila Ketuhanan Yang Maha Esa menjadi fondasi dan bintang pemandu pada Undang-undang Perkawinan Indonesia, yang intinya perkawinan harus antara pria dan wanita (heteroseksual) dengan tujuan membentuk keluarga (rumah tangga). Perkawinan sesama jenis juga tidak dapat diterima karena ketidakmampuan bentuk perkawinan ini untuk memenuhi unsur-unsur utama perkawinan, untuk terjaminnya keberlangsungan kemanusiaan secara berkelanjutan (sustainable).The discourse of relationships between law, moral and facts are always interesting to be discussed among legal scholars. Irrational natural law is the first major legal theory that which theocentris worldview admit that the law derived from the “morality” of the God. The derivation of universal moral values appear increasingly metamorphosed into various life phenomena then are required to be treated equally before the law. In different parts of the world the movement LGBT (Lesbian, Gay, Bisexual, and Transgender) struggle for same-sex marriage has grown falsified domination of heterosexual marriage. Therefore it is necessary be a reflective philosophical divine the acceptability of the Constitution of Indonesia on same-sex marriage. This research was conducted by the method of normative juridical approach, in the frame of a coherent deductive acknowledgement. Concluded, Firstly, criticism Irrational natural law against same-sex marriage, assume that the source of the law is a “moral” rather than “facts”, therefore the rules of law are made of / and should not contradict with the morals of God. Therefore, according to irrational natural law that same-sex marriage may not be accepted in law as contrary to morality God. Secondly, That the Constitution of Indonesia puts Pancasila as the basic norms to please Almighty God be the foundation and a guiding star in the Indonesian Marriage Law, which is essentially a marriage should be between a man and a woman (heterosexual) with purpose of forming a family. Same-sex marriage is not acceptable also because of the inability to fulfill marriage form of the major elements of marriage, ensuring the sustainability of humanity in a sustainable manner.

scholarly journals The future of organıc fısh productıon in the world

2018 ◽  
Vol 7 (12) ◽  
pp. 262-267
Author(s):  
Hülya SAYĞI ◽  
Ayhan SAYĞI ◽  
Mahmut Ali GÖKÇE
Keyword(s):  
Human Health ◽  
Organic Agriculture ◽  
Agricultural Production ◽  
Environmental Problems ◽  
Fish Production ◽  
Human Beings ◽  
Natural Sources ◽  
The World ◽  
The Future

One of the fundamental problems of the world humans live in is that the resources human beings have used to meet their needs are limited. These resources, when used correctly, are enough to meet these needs. The main problem here is the mistakes human beings make and them not being aware of making these. In other words, they are consciously or unconsciously destroying the world they live in with every action they have taken to create the civilization. In this study, we will focus on the subjects of damages brought out to the natural sources by agricultural and aquacultural production which is used to meet the need for food, and wiping the effects of these damages. In this context, we will also focus on the conditions of the organic agriculture principle application on aquacultural production, which has emerged as a solution to the threats targeting human health and to the environmental problems brought out by the agricultural production.

scholarly journals Social transcending as a conceptual basis for understanding culture and society

2020 ◽  
Vol 4 (2) ◽  
pp. 25-32
Author(s):  
Zh. V. Latysheva
Keyword(s):  
Personal Development ◽  
Aesthetic Experience ◽  
Human Action ◽  
Point Of View ◽  
Human Beings ◽  
Cultural Changes ◽  
The Social ◽  
The World ◽  
European Philosophy ◽  
Social Creativity

Modern problems of the socio-humanistic sciences, including the interaction of structure/ agency, the ways and forms of both personal development and socio-cultural changes, the transformation of the value status of a social ego, the reinterpretation of its contribution to the creativeness of society require substantial amendments to the definitions and methodology of socio-humanistic research. In order to achieve this goal, the article considers one of the basic concepts of European philosophy, transcending from the point of view which differs from generally accepted. The singularity of the author’s approach is the social notion of this concept and the identification of its integrating capabilities regarding to semantically close concepts and terms of social theory of the 20th – 21st centuries. To reach these objectives, a comparative analysis of the concepts of social transcending and the concepts of action creativity (H. Joas), fabulation (A.-T. Tymieniecka), signification (P. Berger, T. Luckmann), noting (J. Alexander), metalanguage (R. Barthes), agency (E. Giddens et al.) was treated. Social transcending is as intentional and creative as human action. However, the first concept, besides, is intersubjective, communicative and teleological. As a fabulation, social transcending raises a person by means of functioning of many sociocultural practices, above the world of mundanity. However, in fabulation the mechanism of such exaltation is a artistic and aesthetic experience, while in social transcending all the interests peculiar to human beings are used: cognitive, ethical, religious, etc. Signification involves the individually-personal and sign-symbolic aspects of social transcending, its everyday and non-everyday levels, being one of the significant ways of social transcending. Noting and metalanguage also embody the options of signifying of social transcending; by means of agensy its dynamism is revealed. The author comes to the conclusion that the generic conceptual-substantive basis of the analyzed concepts is social transcending, which «incorporates» the most important processes of social creativity.

scholarly journals KORUPSI: TEORI, FAKTOR PENYEBAB, DAMPAK, DAN PENANGANANNYA

2018 ◽  
Vol 17 (9) ◽  
pp. 26-42
Author(s):  
Ola Rongan Wilhelmus
Keyword(s):  
Economic System ◽  
Political Institutions ◽  
International Institutions ◽  
Deterrent Effect ◽  
Ethical Standards ◽  
Transparency International ◽  
The Public ◽  
The World ◽  
The Future ◽  
The Law

Corruption is against the law and abuse of authority for the sake of self-enrichment, a group of people or corporations. Transparency International institutions 2015 and 2016 have placed Indonesia as one of the most corrupt countries in the world. Corruption in Indonesia has a very bad impact on various dimensions of society and nation life and can damage the economic system, democracy, politics, law, government and others. Although corruption is already so great, efforts to combat corruption have not shown optimal results. Seeing the difficulties of eradicating corruption, there needs to be a more serious and radical effort in the future to combat corruption in Indonesia, among others through: reforming political institutions, reforming the bureaucracy, formulating and implementing political ethical standards, enforcement that can give deterrent effect to corruptors , And the proper handling of corruption complaints procedures by the public.

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