scholarly journals Pollution as a Paradigm: Property, Dignity, and Absorption in Poth and Tezuka

2020 ◽  
Vol 2 (2) ◽  
pp. 120-132
Author(s):  
Sonja Schillings

Pollution, this article suggests, challenges the fundamental structural premises of contemporary state institutions such as the law. These institutions are based on the premise of human exceptionalism via the construction of a human-nature divide. This divide only allows one point of connection between human and nature: the human ability to absorb nature as property. Such metaphorical understandings of absorption become a problem as soon as the physical human body is faced with a situation in which we constantly absorb pollution (e.g. nitrogen oxides, microplastic, ionizing radiation, but also other life forms such as airborne viruses). As a result, contemporary institutions are ill-equipped to deal with pollution as a central element of the contemporary human condition. This article suggests that comics are a model for rethinking these categorical issues productively and sustainably. By using visual elements, comics have already been able to reframe and recontextualize categorical premises such as the human-nature divide that otherwise tend to be reproduced in critical theory and the law. To make this point for the potential of a new categorical language that centrally draws on visual elements in text, the article uses two central examples from Japan and Germany: Osamu Tezuka's story "Space Snow Leopard" from the Astro Boy series, and Chlodwig Poth's short comic "Jörg the Limelight Hog."

2018 ◽  
Vol 22 (1) ◽  
pp. 31-49
Author(s):  
Paul Kucharski

My aim in this essay is to advance the state of scholarly discussion on the harms of genocide. The most obvious harms inflicted by every genocide are readily evident: the physical harm inflicted upon the victims of genocide and the moral harm that the perpetrators of genocide inflict upon themselves. Instead, I will focus on a kind of harm inflicted upon those who are neither victims nor perpetrators, on those who are outside observers, so to speak. My thesis will be that when a whole community or culture is eliminated, or even deeply wounded, the world loses an avenue for insight into the human condition. My argument is as follows. In order to understand human nature, and that which promotes its flourishing, we must certainly study individual human beings. But since human beings as rational and linguistic animals are in part constituted by the communities in which they live, the study of human nature should also involve the study of communities and cultures—both those that are well ordered and those that are not. No one community or culture has expressed all that can be said about the human way of existing and flourishing. And given that the unity and wholeness of human nature can only be glimpsed in a variety of communities and cultures, then part of the harm of genocide consists in the removal of a valuable avenue for human beings to better understand themselves.


Significance At the beginning of 2021, the ZP coalition of the Law and Justice (PiS), Accord and United Poland (SP) parties is stable, but not as strong as it has been in previous years. This weakening in the PiS-led government’s condition is due to many factors, among which the coronavirus pandemic is one of the most important. Impacts The process will continue of subordinating any independent state institutions still left to party control. PiS will take further, similar steps regarding the media, academia and NGOs. After months of pandemic lockdown, the state of the economy is stable if not ideal, and will not lead to early elections.


2021 ◽  
Vol 2 (1) ◽  
pp. 61-80
Author(s):  
Grace Cheng-Ying Lin

In Taiwan, abortion was legalized in 1984. This paper examines the voices surrounding abortion expressed by monasteries in Humanistic Buddhism, a prominent Buddhist philosophy practiced in modern Taiwan. Humanistic Buddhism emphasizes that it is a “religion of the people.” However, in addition to the law of karma and causality, the value of all life forms is prioritized based on the ethics of “non-harming (ahimsā).” When some monasteries insist that abortion is killing, resulting in karmic retribution, some express sympathy with a woman’s decision to abort. When some monasteries promote a newly popularized ritual to appease aborted fetuses, some are keenly critical of the exploitation of women and manipulation of scriptures. Through a discursive analysis, this paper demonstrates the wide spectrum of Buddhist narratives in response to reproductive politics embedded in the conflicts between modernity and tradition, as well as locality and globality.


Author(s):  
Donald R. Kelley

Centuries of Roman jurisprudence were assembled in the great Byzantine collection, the Digest, by Tribonian and the other editors. Roman law became more formal when during the Renaissance of the twelfth century it came to be taught in the first universities, starting with Bologna and the teaching of Irnerius. The main channels of expansion were through the Glossators and post-Glossators, who commented on the main texts and on later legislation by the Holy Roman Emperors, which included “feudal law,” but also by notaries and other proto-lawyers. Christian doctrine also became part of the “Roman” tradition, and canon and civil law were taught together in the universities as “civil science.” According to the ancient Roman jurist Gaius, “all the law which we use pertains either to persons or to things or to actions,” three categories that exhaust the external human condition—personality, reality, and action. In the nineteenth century, the study of Roman law lost its ideological power and became part of philology and history, at least so concludes James Whitman.


2015 ◽  
Vol 15 (2) ◽  
pp. 101
Author(s):  
Gibtiah Gibtiah ◽  
Yusida Fitriati

<p>Abstract: Social life is one of human nature that has innate.<br />One characteristic of social life is the constant change in the<br />community. There is no society ever stop at a certain point of all<br />time, but constantly changing and moving forward. Changes<br />that occur sooner or later be able to change the joints staple of<br />people's lives. This paper explores social change and renewal of<br />Islamic law by using the method of determination of the law<br />“sadd al dzari’ah”.</p><p><br />ملخص: الحیاة الاجتماعیة ھي واحدة من طبیعة الإنسان الذي لدیھ الفطریة . واحدة<br />من سمات الحیاة الاجتماعیة ھي التغییر المستمر في المجتمع. لا یوجد أي مجتمع<br />تتوقف أبدا عند نقطة معینة في كل العصور، ولكن تتغیر باستمرار، و تتحرك إلى الأمام<br />. التغیرات التي تحدث عاجلا أو آجلا تكون قادرة على تغییر الأساسیة مفاصل حیاة<br />الناس. وتبحث ھذه الورقة التغییر الاجتماعي والتجدید في الشریعة الإسلامیة باستخدام<br />طریقة تحدید القانون.</p><p>Kata kunci : metode penggalian hukum, sadd al-dzari’ah</p>


2018 ◽  
Vol 21 (35) ◽  
pp. 38-51
Author(s):  
Marţian Iovan

Abstract The author analyzes in this paper principles and ides of philosophy of law issued by Mircea Djuvara, which preserve their contemporaneity, being useful for the perfecting of the state institutions and of the democracy not only at national level, but also at European Union one. His ideas and logical demonstration on the rational fundamentals of law, the autonomy of the moral and legal conscience, the specificity of truth and of juridical knowledge, the philosophical substantiation of power and Constitution, the principles of the democracy and the connections between the political power and the law are just few of the original elements due to which Djuvara became an acknowledged and respected personality not only in Romania, but also in the experts clubs of the Europe between the two World Wars.


2021 ◽  
Vol 90 (5) ◽  
pp. 123-151
Author(s):  
Janusz Lemański

Deut 22:5 marks the single instance of a prohibition of transvestitism in the Bible, and in its whole cultural milieu. The context in which it is situated suggests that it may have been inserted there as an addition, after the Babylonian captivity. That helps to narrow down the range of speculations as to the original Sitz im Leben of the law, and enables us to read it most of all within the canonical framework of the entirety of the Pentateuch. Hence, the precept pertains mainly to the principle of division of the human nature into the two sexes (Gen 1–2), the principle of retaining the order of creation (by not mixing kinds; Lev 19:19; Deut 22:9–11), and of keeping the procreational power, referred to here predominantly to masculinity (Gen 5:1–3; cf. Gen 1:28; 9:1.7).


Skhid ◽  
2021 ◽  
Vol 2 (2) ◽  
pp. 18-25
Author(s):  
Vadym Korobka ◽  
Yulia Korobka

The article reveals the importance of administrative supervision over city self-governments in the Ekaterinoslav Province (1870-1913). Their social orientation has been established. Expenses provided a priority increase in expenditures on schooling and medi-cine, veterinary and sanitary units. State control institutions generally did not interfere with the budget policy of municipal self-government institutions and its humanitarian component, although misunderstandings sometimes arose.It has been revealed that the implementation of state control over public administrations in the Ekaterinoslav Province often faced the aspirations of self-government bodies in secondary issues of municipal organization which were incompatible with the law in the opinion of its hosts. Disputes arose mostly on the basis of different understandings of the rules of sale and purchase of goods, measures to regulate traffic on city streets etc.It has been confirmed that in exercising their powers in the field of control over the comp-liance with the law by city self-governments, state institutions of the provincial level some-times showed inappropriate competence in the field of interpretation of imperial legislation, which resulted in erroneous decisions. Certain decisions of public administrations of cities also sometimes violated imperial law and were subject to unconditional termination or revocation.It has been proved that the public administrations of the Province widely used the legally regulated opportunity to defend their decisions in the Senate. The specific Senate cases started in connection with the supervision over the legality of decisions of city self-governments and the provincial presence for the zemstvo and city affairs give the impression that they were considered on the basis of a qualified verification of compliance with imperial law.It has been established the administrative control was implemented slowly, and formula-tions of thoughts on appealing the decisions of the Provincial Presence were deprived of speed and efficiency. The provincial zemstvo sinned against evading operative decisions. At the same time, there was a dishonest delay in the circulation of documents in all parts of public administ¬ration and local self-government.


Author(s):  
Héctor Sierra Salas

Sobre la condición humana en la teoría del Estado de Hobbes. La necesidad de comprender la condición humana como razón de ser del Estado, se hace evidente a los largo de la obra política de Hobbes. Por eso, cabe notar cómo, paralelamente en los libros Elementos del Derecho Natural y Político, De Civey el Leviatán, el pensador inglés dedica parte de su estudio a la explicación de la naturaleza humana, y a la dramática condición de los hombres que habitan en medio de una situación de guerra permanente, surgida a partir del dominiode las pasiones naturales sobre el comportamiento humano. Así mismo, hace ver que la legitimación del Estado Civil y la justificación de elementos como el Derecho, la Ley, la soberanía, entre otros, surge de la necesidad de garantizarla paz y la seguridad a los hombres, lo cual significa sacarlos de su estado natural.Palabras clave: Hobbes, estado de naturaleza, Estado Civil.AbstractThe Human Condition in Hobbes’ State Theory. The need to understand the human condition as reason of being of the State becomes evident throughout Hobbes’s political work. For this reason, it is important to note how in the books, The Elements of Law Natural and Politic, On the Citizen, and TheLeviathan, the English thinker dedicates part of his study to the explanation of human nature and to the dramatic condition of men who live in an environment of permanent war. This environment arises from the domain of natural passions that make up human behavior. Likewise, it is shown that the legitimacy of the Civil State and the justification of elements, such as rights, Law and sovereignty among others, arise from the need to guarantee peace and safety for humanbeings, which means removing them from their natural state.Key words: Hobbes, natural condition, Civil State.


2021 ◽  
Vol 12 (18) ◽  
Author(s):  
Boris Nikolaievitch Tarassov

Based on the fundamental concepts of the "mystery of man" and Christian realism, the "law of the Ego" and the "law of love" for Dostoevsky's creative consciousness, the article examines the one-sidedness of biologizing and socializing concepts of human nature since the Enlightenment and their connection with entropic processes in the spiritual and moral world of people and declining trends in the course of history. It is shown how the spiritual laws of life, which are leaving the field of view of rationalistic and pragmatic consciousness, transform social-progressive design and planning, and introduce nihilistic elements into them. It is emphasized that the methodology of Christian realism is universal, that it connects the "mystery of man" with the mystery of history, and becomes one of the main principles for assessing the hierarchy of values in various ideological and social systems.


Sign in / Sign up

Export Citation Format

Share Document