scholarly journals Struggle for the Right to Cover Up for Family Members: The Significance and Value of the Confucian Thought “Cover Up for Family Members” in Modern Society

Asian Studies ◽  
2017 ◽  
Vol 5 (1) ◽  
pp. 47-65
Author(s):  
Wei-Chieh TSENG

The argument for covering up for family members who had committed offenses was a core part of Confucian thinking, and a topic that has long been controversial. This idea tended to be deemed by traditional Legalist scholars and contemporary law-centered scholars as an outdated approach that compromised legal fairness, and thus should not be accepted by contemporary society. However, it is understood through Honneth’s recognition theory that the “law” is in fact merely a principle of recognizing a person’s identity as a member of civil society, and we cannot ignore that man also has an identity of the “family” relation that is connected to “love”. The identity recognition based on the principle of “love” is an intrinsic need of humans, and also an essential link in the establishment of an integrated personality. The desire to cover up for a family member is nothing other than an attempt to rebuild an ethics-centered identity recognition, so as to avoid the materialization of humans by “laws”.

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Mayssa Rekhis ◽  
Sami Ouanes ◽  
Abir Ben Hamouda ◽  
Rym Rafrafi

Purpose This study aims to assess the awareness about the rights of people with mental illness in the main psychiatric hospital in Tunisia among the service users, the family members and the staff. Design/methodology/approach The Convention of Rights of People with Disabilities mandates that State Parties initiate and maintain campaigns and human rights training to promote understanding of the rights of people with mental illnesses, considered as a main factor for their fulfillment. Service users, family members and staff evaluated, through a survey, the importance of ten rights for persons with mental illness, stated in the convention. Findings Disparities were found in the perception of the different rights by and between the three groups. The highest levels of awareness were associated with the freedom from torture or degrading treatment and the right to live with dignity and respect, whereas the lower importance were assigned to the right to participation in recovery plans, to give consent and to exercise legal capacity. Originality/value The lack of awareness and the poor perception of rights of people with mental illness is one of the barriers to their achievement. More training and awareness raising is necessary.


Gerontologia ◽  
2017 ◽  
Vol 31 (3) ◽  
pp. 227-242
Author(s):  
Laura Kalliomaa-Puha

Jokaisella vanhuksella on Suomessa yksilöllinen, viime kädessä perustuslaissa taattu, oikeus riittävään hoivaan ja huolenpitoon. Silti tämä oikeus on usein käytännössä riippuvainen siitä, onko vanhalla ihmisellä omaisia tukenaan. Tässä artikkelissa tarkastellaan sitä, miten oikeus hoivaan ja hoitoon taataan lainsäädännössä. Omaisilla ei lain mukaan ole vastuuta hoivan järjestämisestä, mutta silti lainsäädäntö monessa kohdin ikään kuin olettaa omaisten olevan vanhuksen tukena. Vaikka omaiset usein ovatkin tukena, miten perusoikeus hoivaan ja huolenpitoon toteutuu niillä vanhuksilla, joilla ei ole omaisia? Artikkeli nostaa vakavimpana omaisolettaman riskinä esiin ne vanhukset, joilla on omaisia, mutta joiden omaiset eivät osaa tai halua auttaa. Right to care and presumption of family and friends in the Finnish legislation According to Finnish legislation the public authorities must guarantee adequate social, health and medical services for those old persons who cannot obtain means necessary for a life of dignity. Yet in practice this right to receive indispensable subsistence and care often depends on the fact whether the old person happens to have family or friends to help her or him. As if the legislation supposes there are friends and family to help, even though, according to Finnish law, family members do not have legal responsibility to take care of an elderly person. This article elaborates how the right to care is guaranteed in Finnish legislation and what the law says about the responsibilities of the family. Even though most of the relatives do help their elderlies, how is the right to care fulfilled for those old persons who do not have family? Perhaps the elderlies who have family and friends, which do not help or do not know how to, are in the most vulnerable situation.


2019 ◽  
Vol 3 (1) ◽  
pp. 1
Author(s):  
Irma Putri Fatimah ◽  
Amirudin Amirudin ◽  
Af'idatul Lathifah

Marriage is the dream of every couple, where marriage is one of the highest forms of commitment in every individual relationship that makes love. In practice marriage is the dream of every couple to continue to be together to build a household. However, the couple's desire now becomes complicated when the marriage is difficult because of different religious beliefs. The difficulty of the legality of interfaith marriages in Indonesia becomes a polemic of interfaith couples in carrying out their marriage legally in the state or religion or even opposition faced with the family. Given this interfaith marriage today is still intensively carried out even though in practice it is difficult to implement and many problems will arise in the future. Indonesia is indeed known as a multicultural nation where differences in culture and religion are inevitable, one of which is the phenomenon of interfaith marriages now that Indonesia has five legitimate religions and streams of belief that are still developing in modern society. The state agency appointed to legalize the holy marriage is still a long-standing polemic for some couples who want to formalize their marriage. However, because they want to keep each of their beliefs, the state fully regulates marriages that require couples to marry with the same beliefs and religions, whereas in practice citizens are free to make their own choices and have the right to be happy in determining their life choices, including in terms of marriage and determining their life partners each


2020 ◽  
Vol 70 (1) ◽  
pp. 251-265
Author(s):  
Alessandra Spadaro

AbstractThis article analyses the decisions of Belgian and Dutch courts concerning the repatriation of the family members of foreign fighters who are now detained in dire conditions in North-East Syria. The article shows that, under international law, these women and children have no individual right to be repatriated by their State of nationality, based on either consular assistance, the extraterritorial applicability of human rights treaties, or the right of return to one's own country. Nonetheless there are good reasons why States should exercise their prerogative to repatriate.


Empowerment concerns folks - both women as well as men - taking control over their everyday lives: becoming conscious of their personal situation and setting, preparing their personal plans, creating space on their own, gaining skill-sets, building confidence, handling concerns, as well as cultivating self-reliance. The stamina of the link is the strength of its own weakest link. In society, women are actually the weakest hyperlinks, to ensure that they must be actually enhanced for reinforcing the culture overall which is possible only through enabling all of them. Nehru said, "Women must be uplifted for the upliftment of the nation, for if a woman is boosted, society, as well as nation, are boosted". The Women Self Aid Group participants are coming from rural areas and also do not possess much direct exposure to metropolitan history as well as a lot of all of them battle to manage the urban area ambiance. Much of the members also hesitate to approach financial institutions and also training institutions to produce more powerful their economic along with mental stamina. The family members' instances are actually also certainly not enabling the members to end up being extra dynamic as well as they are straining to handle family members and also an organisation in the right instructions. When the members furnish themselves along with overall advertising and marketing tactics with the adoption of SWOT analysis at that point just they may survive in the Chennai market.


2021 ◽  
Vol 13 (3) ◽  
pp. 529-545
Author(s):  
Sabira Nishanbayeva ◽  
Sholpan Kolumbayeva ◽  
Aisulu Satynskaya ◽  
Saira Zhiyenbayeva ◽  
Perizat Seiitkazy ◽  
...  

In this article, we examine the instructional theoretical work on the formation of family-moral values ​​of students, conduct experimental work on a small experimental site and consider its concrete results. Methods were used to determine students' moral awareness, understanding family as value, family relationships, ability to control family conflicts, and active involvement in family decision-making. Theoretically, content analysis, synthesis, generalization, survey, diagnostics, and the like were organized. Based on the above, it is very effective to use Rokeach's method of "valuing the value". We present a percentage index based on the traditional relationships of the family institution in the form of a forming experiment organized on the basis of the "Psychological trainings for family life" series, which is organized in the right direction, in conjunction with the new social and economic conditions within the modern society.   Keywords: Instruction, family values, technology, cultural relations, individuality, typology of values;


2020 ◽  
Vol 11 (1) ◽  
pp. 79
Author(s):  
M. Nur Kholis Al Amin

Family is the main foundation for character formation and the role of family members. In addition, the family also plays a major role in the patterns of interaction that exist in people’s lives.  However, the development and changes that occur in society can effect the pattern (role) of family life. Today, the development of science and technology is able to influence the shape of society’s life structure toward the “modern society”, one of the impact on family structure is the existance of madern family, which is characterized by the intensity of meetings among family members is increasingly “limit” due to the high level of activity outside the household, such as: children who are out of town school, husband and wife career, husband who works outside the city and see also. Moreover, because the development of communication, so this can be made as a means to build family resilience. Therefore, this article will try to examine communication systems as a significant element to build family resiliaence throught historical contex and sociological approaches, where the presentasion is by integrating, describing, and the analyzing social phenomena—modern family life patterns, changes and developments in technology, communication—using “nilai etik theory” through several rules of Islamic communication as the value of communicating in the family. So that, when viewed from “nilai etik theory” develop by Rahman, conclusions can be obtained, that there are several elements of a very close relationship to the principles of Islamic communication, development of family structure, and family resilience as a way to build a family that is a sakinah, mawaddan and rahmah.Dewasa ini, perkembangan ilmu pengetahuan dan teknologi mampu mempengaruhi bentuk struktur kehidupan masyarakat ke arah “masyarakat modern”, yang salah satu dampaknya berpengaruh terhadap struktur yang ditandai dengan terbatasnya tingkat intensitas pertemuan antar anggota keluarga karena tingginya aktivitas di luar rumah tangga, seperti; anak yang sekolah atau kuliah di luar kota, suami-istri yang berkarir, suami yang bekerja di luar kota, dan sebaliknya. Lebih lanjut, karena perkembangan alat komunikasi yang semakin maju, maka hal tersebut dapat  dijadikan sebagai salah satu sarana untuk membangun ketahanan keluarga. Oleh karena itu, artikel ini akan coba menelaah sistem komunikasi sebagai unsur yang signifikan untuk membangun ketahanan keluarga melalui pendekatan historis (historical contex) dan pendekatan sosiologis, di mana pemaparannya dengan cara memadukan, mendeskripsikan, dan kemudian menganalisis fenomena sosial—pola kehidupan keluarga modern, perubahan dan perkembangan teknologi, komunikasi—menggunakan teori nilai etik melalui beberapa kaidah komunikasi Islam sebagai nilai berkomunikasi di dalam keluarga. Sehingga, apabila ditinjau dari “teori nilai etik” yang dikembangkan oleh Rahman, dapat diperoleh kesimpulan, bahwa terdapat beberapa unsur hubungan yang sangat erat terhadap prinsip-prinsip komunikasi Islam, perkembangan struktur keluarga, dan ketahanan keluarga sebagai jalan untuk membangun keluarga yang sakinah, mawaddah dan rahmah.


Author(s):  
Mingxu WANG ◽  
Wen ZHANG ◽  
Xueliang WANG

LANGUAGE NOTE | Document text in Chinese; abstract also in English.從儒家倫理的視角解讀中國新實施的《人體器官移植條例》,以第8 條中“共同表示同意”為著力點,認為,儒家的家庭倫理不僅深刻地影響者中國人的思維方式和行為方式,而且至今被人們認為是構建家庭倫理的最根本原則,有著廣泛的社會基礎和現實根據。分析了儒家倫理支持器官捐獻的理據,結合案例指出:家庭的知情同意並不違背個人的知情同意;應當在儒家的家庭倫理的基礎上探討這一條例的相關問題,從而幫助完善和實施這一條例,使我國有關人體器官移植和屍體捐獻的立法更加完備,為推動器官移植技術的發展建立更為有效的法律保障機制。並提出在在條例實施過程中還有五個相關問題需要澄清和解決。Organ donation is the gift of an organ to help someone else who needs a transplant. Hundreds of people’s lives are saved each year by organ transplants. Yet the question remains: Who should give the priority in terms of donation procedures - the individual who feels a strong, personal commitment to offer his/her organ or the legal next-of-kin, i.e., the priority order of the family members? This has been greatly debated bioethical issue in China in recent years. Rather than emphasizing the right of individuals to decide what will happen after they die, or removing the burden of making a decision about organ donation from families dealing with the traumatic death of a loved one, the policy of family consent indicates the signif icant role of family in making the decision. That is to say, the consent, or lack of objection, of those closest to the patient is always sought before organs can be donated. The family involvement could avoid discomfort with the process on the one hand, but also cause conf licts when there is a disagreement between the donor and family members on the other.This paper focuses its discussion on the context and impacts of the“ Rules regarding Organ Transplant” implemented in China since 2007. Then, it turns to traditional Confucian ethics to talk about the meaning of life and Confucian concept of family to show that Confucianism would support the idea of organ transplant. To prove the claim, the paper offers two recent examples of organ donation. Organ transplant should be advocated but the rules should be tighten in order to prevent unqualified doctors and profithungry hospitals from abusing patients and organ donors.DOWNLOAD HISTORY | This article has been downloaded 301 times in Digital Commons before migrating into this platform.


Author(s):  
Lidija Rozentale

There is a continuous debate in the public space on the need for a legal framework for the partnership institute to ensure equal legal security for the family, regardless of the existence or non-existence of the legal fact of its foundation. The fundamental aspects of the debate include the insufficient regulatory framework and vulnerability of partners before the law, divergent national views on partnerships as a union between opposite-sex partners, religious beliefs condemning non-marital relationships, including the existing property issues in the context of partnerships. According to the Author of the Paper, the existing partnerships in Latvia are discriminated in favour for the marriage due to the moral views and legal aspects, as the individual living in the partnership is restricted in terms of access to information and is vulnerable in terms of property rights. For example, when an individual lives in the partnership, he or she is denied the right to be informed about the health status of the other partner and the existing liabilities in credit institutions. In cohabitation, the individual is not recognised as a member of the family of the tenant for the purpose of the Law on Residential Tenancy and the potential consequences of the partnership may be the denied right to inheritance or tenancy.Main methods used: sociological method for analysing the compliance of laws and regulations with public interests and aims. 


2021 ◽  
Vol 6 (6) ◽  
pp. 30
Author(s):  
Mukhayo Ashurova ◽  

The right to own and use housing primarily belongs to the owner and his family members. When exercising their right to housing, the owner and his family members interact within the limits of their powers established by law. At the same time, when realizing the rights of these subjects to housing,there are certain legal constructions. If the owner exercises the right to own and use the house in accordance with thestructure of the ownership right, then the family members of the owner and other persons entitled to reside in the house have the right to usufruct. A usufruct structure is a material and legal structure for the use of housing, in which the user's right arises on the basis of objective norms established by law. Thus, the regulation of usufruct at the legislative level, a clear definition of the mutual rights and obligations of the home owner and his users serve to prevent various disputes thatmay arise


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