scholarly journals A LEGITIMIDADE DA NORMA MORAL E JURÍDICA NA ACEPÇÃO DE KELSEN E KANT - DOI: http://dx.doi.org/10.5216/rfd.v41i3.41512

2017 ◽  
Vol 41 (3) ◽  
pp. 11
Author(s):  
Neuro José Zambam ◽  
Lucio Henrique Spiazzi Algerich Antunes ◽  
Ricardo Antônio Rodrigues
Keyword(s):  
Rule Of Law ◽  
Moral Values ◽  
Point Of View ◽  
Social Stability ◽  
Human History ◽  
Legal Tradition ◽  
Moral Law ◽  
Social Rules ◽  
Knowing That ◽  
The Social

Resumo: O objetivo deste artigo é apresentar a concepção de Kelsen e Kant sobre a legitimidade da lei moral e da norma jurídica, bem como os seus fundamentos e suas características. Sabendo que o direito e a moral integram a história da humanidade em vista da efetivação das condições de justiça, o seu conteúdo e a sua respectiva prática fomentam a atualização das normas, a fim de responder às demandas do contexto social, normalmente complexo e dinâmico. Com a mesma intensidade as referências inseridas na tradição jurídica representam o fortalecimento do ordenamento social e das instituições. O vigor da democracia depende do amadurecimento dos valores morais, da capacidade de legislar de forma coerente e, assim, contribuir para a estabilidade social seja política, seja institucional. O método investigativo-bibliográfico a partir de autores da tradição orienta este estudo que reflete questões contemporâneas, especificamente, os fundamentos da legitimidade das regras que objetivam a justiça. A moral e a lei de forma complementar são a principal referência para a solução dos graves problemas da atualidade.Abstract: The aim of this paper is to present Kelsen and Kant’s point of view on both moral law and rule of law legitimacy, its foundations and its features. Knowing that law and moral are an element of the human history aimed for fulfilling the conditions for justice, its contents and their respective practices to promote the updating of standards in order to answer the demands of the social context, which are usually complex and dynamic. In the same way, references in the legal tradition represent the strengthening of the social rules and its institutions. Democracy’s strength depends on the maturation of moral values, the capacity for legislating coherently and, thus, for contributing to social stability, either politically or institutionally. Investigative-bibliographic method from traditional authors guides this study, which reflects contemporary issues, specifically, the foundations of legitimacy of rules that aim justice. Morality and law, complementarily, are the main reference to solve the tough nowadays problems.

scholarly journals Money and morality in the Bolsa Família

2014 ◽  
Vol 11 (1) ◽  
pp. 250-284 ◽  
Author(s):  
Talita Jabs Eger ◽  
Arlei Sander Damo
Keyword(s):  
Social Workers ◽  
Moral Values ◽  
Point Of View ◽  
Porto Alegre ◽  
Central Concept ◽  
Grant Program ◽  
The Social ◽  
Bolsa Familia

This paper brings some findings from research on the meanings of money from Brazil"s Family Grant Program (Programa Bolsa Família, PBF). The ethnography on which it is based was carried out between 2010 and 2012 in the cities of Alvorada and Porto Alegre. It shows, firstly, that even though it is received in cash, the PBF money is not just an abstract mediator. Rather, access to this kind of money, or to the PBF itself, is accompanied by a series of moral values that go beyond the legal conditionalities that characterize the program. Drawing on ethnographic instances, our discussion highlights some of the key elements of this morality: negotiations around the notion of vulnerability (a central concept for the social workers in charge of enrolling beneficiaries in the PBF), and the different meanings of the PBF money, from the beneficiaries" point of view. This diversity of meanings is presented synthetically in terms of some key domains: money of women and for women; money of children and for children; money interdicted and shameful to men.

scholarly journals Deconstructing The Stereotypes Of Women Through A Female Voice In Burial Rites (2013) By Hannah Kent

2015 ◽  
Vol 9 (2) ◽  
pp. 75 ◽  
Author(s):  
Paramita Ayuningtyas
Keyword(s):  
Rural Society ◽  
Point Of View ◽  
Female Voice ◽  
Binary Opposition ◽  
Negative Stereotypes ◽  
Social Rules ◽  
The Social ◽  
Good Woman ◽  
Burial Rites ◽  
The 19Th Century

Patriarchal society regulates how women should behave and act. If a woman obeys the social rules, she will be labeled as a good woman. On the other hand, if a woman does not follow the social values, she will be immediately categorized as an evil woman and given negative stereotypes. This binary opposition between a good woman and a bad woman is often criticized by the feminists because they think this categorization burdens women. This issue is also highlighted by Hannah Kent in her novel Burial Rites (2013). This novel is set in a rural society in Iceland in the 19th century with its patriarchal values, focusing on a woman named Agnes that will soon be executed. This theme interested the researcher to study Burial Rites more deeply using feminist perspective. Characters, setting and point of view are the intrinsic elements discussed in this research. The result of the analysis shows that through these three elements, Burial Rites describes society’s stereotypes about ‘evil women’ and there is an effort from the author to deconstruct the stereotype through a female voice.

Ritual and Drama in Malay Spirit Mediumship

1967 ◽  
Vol 9 (2) ◽  
pp. 190-207 ◽  
Author(s):  
Raymond Firth
Keyword(s):  
Social Structure ◽  
World Wide ◽  
Early Period ◽  
Point Of View ◽  
Classical Antiquity ◽  
Human Society ◽  
Knowing That ◽  
Spirit Mediumship ◽  
The Social

Phenomena identified as spirit mediumship seem to be world wide and to be recognizable from an early period in human society. Attention has been paid to them by writers of classical antiquity of whom, from an anthropological point of view, Jane Harrison was one of the most noteworthy. Influenced by Durkheim and by Rivers, she recognized the importance of collective elements in religion and of the need for a knowledge of the social structure to gain an understanding of any particular cult. Robustly she argued, “What a people does in relation to its gods must always be one clue, and perhaps the safest, to what it thinks.” Knowing that her attempt to build a bridge between anthropology and the classics was viewed sceptically in some quarters, she countered trenchantly “It is only a little anthropology that is a dangerous thing.”

scholarly journals Administracinė teisė: interesų veiksnys įstatymų leidyboje

Teisė ◽  
2010 ◽  
Vol 74 ◽  
pp. 33-45
Author(s):  
Arvydas Andruškevičius
Keyword(s):  
Rule Of Law ◽  
Administrative Law ◽  
Point Of View ◽  
Public Interests ◽  
The Rule Of Law ◽  
Positive Law ◽  
Administrative Legislation ◽  
The Social ◽  
Social Interests ◽  
The Creation

Straipsnyje nagrinėjama socialinių interesų įtaka administracinės srities įstatymų leidybai. Administra­cinės teisėdaros kertinis principas yra optimalus asmens ir visuomenės interesų derinimas: tai prielaida kurti socialiniu požiūriu teisingesnę pozityvinę teisę, atitinkančią Konstitucijos preambulėje skelbiamą teisinės valstybės siekį. Teigiama, kad interesų pusiausvyros įtvirtinimas įstatymuose gali keistis priklau­somai nuo valstybės ekonominės raidos ypatumų. Nurodomos ir kai kurios subjektyvios priežastys, kodėl interesų derinimas administracinėje teisėje tam tikrais atvejais būna problemiškas. In this article the influence of social interests upon administrative legislation is investigated. The author states that the essential imperative in the creation of administrative law is an optimal coordi­nation of private needs and public interests. This is a precondition to create a fairer – from the social point of view – positive law, corresponding to the striving for a state under the rule of law declared in the Preamble to the Constitution. The article also pointes out some subjective reasons why the coordination of interests in administrative law is sometimes problematic.

scholarly journals MIKHAIL A. RISNER’S STATE-LEGAL AND RELIGIOUS VIEWS ON MORALITY (THE END OF THE 19TH CENTURY)

2019 ◽  
pp. 34-43
Author(s):  
V. V. VISHKVARTSEV
Keyword(s):  
Rule Of Law ◽  
Point Of View ◽  
Natural State ◽  
Moral Law ◽  
Law Schools ◽  
The Rule Of Law ◽  
Modern Period ◽  
Russian Law ◽  
The 19Th Century ◽  
Subjective Side

On the basis of the analysis of the teachings of German canonists and theologians of the 19th century, a famous Russian jurist Mikhail A. Reisner elaborated his own system of views regarding the interrelationship between law and morality from the point of view of their existence in the Christian state. At the beginning of his academic life Mikhail A. Reisner was far from sharing socialist ideas and closer to the ideals of the rule-of-law State. Under the conditions of this type of the State «the moral law» acts as the predetermining social regulator; the concept of «personality altruism» is formed as the theoretical foundation for understanding of the civil society; law is explained through its properties of moral and conciliatory power; the «natural state» of the person is interpreted in the context of impossibility of influence of Christian dogmas on the subjective side of the human will. Despite the fact that Prof. Reisner considered unattainable the existence of a Christian State within the framework of the rule-of-law State, the scholar identified the issues of their joint jurisdiction. Conclusions drawn on the basis of the study of the works written by Prof. Reisner using his individual views concerning the philosophical and legal thought of other representatives of Russian law schools (B. A. Kistyakovsky, P. I. Novgorodtsev) allows the authors to reveal the commonality and relevance of their moral ideas for the modern period of time.

scholarly journals ANALISIS STRUKTURAL, NILAI MORAL DAN NILAI SOSIAL DALAM NOVEL GURU AINI KARYA ANDREA HIRATA

2021 ◽  
Vol 1 (01) ◽  
pp. 90
Author(s):  
Sekar Ayutya
Keyword(s):  
Social Values ◽  
Setting Time ◽  
Literary Work ◽  
Moral Values ◽  
Point Of View ◽  
Human Relations ◽  
Library Research ◽  
The Social ◽  
Third Person ◽  
Using Data

Novel is a literary work that is built in totality through various intrinsic and extrinsic elements that are interrelated and have an artistic character. Based on this, the researcher is interested in studying the structural elements that build literary works, moral values and social values contained in a novel entitled Guru Aini by Andrea Hirata. The type of approach used in this research is a qualitative approach with descriptive methods. This research is a library research using data sources in the form of written documents from a novel entitled Guru Aini by Andrea Hirata. The results in this study are as follows; (1) The theme of education and the struggle to achieve a dream. (2) The flow used is the forward and backward flow. (3) There are two types of characters in this novel. As the main characters, namely Guru Desi and Aini. Meanwhile, as additional figures, namely Debut Awaludin, Pak Tabah, and Laili. (4) The setting used is in the form of place setting, time setting, and social setting. (5) The point of view used is the point of view of the third person with the omniscient "he" technique. (6) The mandate contained in the idealism of a teacher, an unyielding attitude, and devotion to both parents. The moral values contained in the novel Guru Aini by Andrea Hirata include the value of human relations with God, human relations with oneself, human relations with others, and human relations with the environment. While the social values contained include the values of love, responsibility, and life harmony.

scholarly journals Invisible Dress: Weaving a Theology of Fashion

Religions ◽  
2019 ◽  
Vol 10 (7) ◽  
pp. 419
Author(s):  
Alberto Fabio Ambrosio
Keyword(s):  
Modern Society ◽  
Point Of View ◽  
Christian Theology ◽  
Social Rules ◽  
Research Perspectives ◽  
The Social ◽  
To Come ◽  
New Perspective ◽  
Set Up ◽  
New Research

This article establishes the framework for a (Christian) theology of fashion, the development of which comes under a research project set up between Luxembourg (Luxembourg School of Religion & Society) and Paris (Collège des Bernardins). The text is structured around three areas: the first reveals how theology can accommodate in its field of thought both the idea of dress (also viewed in terms of its materiality) and the way in which modern society experiments with it: fashion. For as much as theological discourse, particularly Christian, might have shown itself to be critical regarding modern day fashion, it has nevertheless failed to come up with any real theological reflection on the subject. The second area aims to explore responsible ethics for fashion. Often moralising, the attitude of Christian theology needs to give way to an ethical and—vitally—ecological analysis of the effects of fashion in today’s world. Clothing might still cover people’s bodies, but the issue is not restricted to an individual moral point of view, and extends to the social rules of an ethic that is also one of environmental responsibility. Finally, the totally new perspective that I adopt for outlining these areas requires the aesthetics of dress and fashion to be addressed from a theological point of view. For all its rich history, theological aesthetics has hardly ever concerned itself with developing an aesthetic discourse for dress and fashion, other than for liturgical and religious attire. Once these three new research perspectives have been discussed, I want to outline another field of study, in itself extremely fertile: a treasure trove of metaphors and analogies that would be very useful in theological thinking, adding to its inventory terms originating in the uncovering and stripping away of old ways of thinking that no longer convey in contemporary language the mystery that it is meant to clothe.

Ethics in the Judiciary System of Bangladesh

1970 ◽  
Vol 1 (2) ◽  
pp. 34-36
Author(s):  
Mehedi Imam
Keyword(s):  
Rule Of Law ◽  
Judicial Independence ◽  
Moral Values ◽  
The Other ◽  
Considerable Time ◽  
Ethical Knowledge ◽  
Judicial Practice ◽  
Independent Judiciary ◽  
Role Players ◽  
High Level

In Bangladesh, demand for judicial independence in practice has been a much debated issue and the demand is fulfilled but expectation of people is not only limited to have an independent judiciary but to have an impartial system and cadre of people, which will administer justice rationally being free from fear or force. The independence of judiciary and the impartial judicial practice are related concepts, one cannot sustain without the other and here existence as well as the need of practicing impartiality is well recognized. But the art of practicing impartiality does not develop overnight as it’s related to development of one’s attitude. It takes a considerable time resulting from understanding, appreciating and acknowledging the moral values, ethics and professional responsibility. The judiciary includes Judges, Advocates mostly who are expected to demonstrate a high level of moral values and impartiality towards people seeking justice and ‘rule of law’. This is true that bench officers and clerks are also part of the process to ensure rule of law with same level of participation by the law enforcing agencies such as police. However the paper includes only those who either join judiciary as Judge/Magistrate or Advocate to explore level and extent of ethical knowledge they receive being key role players of the system. DOI: http://dx.doi.org/10.3329/bioethics.v1i2.9628 Bangladesh Journal of Bioethics 2010; 1(2): 34-36

KONSEP DIRI “ I “ DAN “ME” TOKOH HIROKO DALAM NOVEL NAMAKU HIROKO KARYA NH.DINI

2012 ◽  
Vol 5 (2) ◽  
pp. 109
Author(s):  
Besin Gaspar
Keyword(s):  
Point Of View ◽  
The Other ◽  
Self Concept ◽  
The Novel ◽  
Main Character ◽  
Fictional Character ◽  
Social Customs ◽  
The Social ◽  
The Village ◽  
The City

This research deals with the development of  self concept of Hiroko as the main character in Namaku Hiroko by Nh. Dini and tries to identify how Hiroko is portrayed in the story, how she interacts with other characters and whether she is portrayed as a character dominated by ”I” element or  ”Me”  element seen  from sociological and cultural point of view. As a qualitative research in nature, the source of data in this research is the novel Namaku Hiroko (1967) and the data ara analyzed and presented deductively. The result of this analysis shows that in the novel, Hiroko as a fictional character is  portrayed as a girl whose personality  develops and changes drastically from ”Me”  to ”I”. When she was still in the village  l iving with her parents, she was portrayed as a obedient girl who was loyal to the parents, polite and acted in accordance with the social customs. In short, her personality was dominated by ”Me”  self concept. On the other hand, when she moved to the city (Kyoto), she was portrayed as a wild girl  no longer controlled by the social customs. She was  firm and determined totake decisions of  her won  for her future without considering what other people would say about her. She did not want to be treated as object. To put it in another way, her personality is more dominated by the ”I” self concept.

A Futures Study on the Quality Of Life from the Point Of View of Iranian Youth

2017 ◽  
Vol 14 (2) ◽  
pp. 1
Author(s):  
Sina Saeedy ◽  
Mojtaba Amiri ◽  
Mohammad Mahdi Zolfagharzadeh ◽  
Mohammad Rahim Eyvazi
Keyword(s):  
Quality Of Life ◽  
Life Satisfaction ◽  
Mixed Model ◽  
Satisfaction With Life ◽  
Point Of View ◽  
Human Society ◽  
Futures Studies ◽  
The Social ◽  
The University

Quality of life and satisfaction with life as tightly interconnected concepts have become of much importance in the urbanism era. No doubt, it is one of the most important goals of every human society to enhance a citizen’s quality of life and to increase their satisfaction with life. However, there are many signs which demonstrate the low level of life satisfaction of Iranian citizens especially among the youth. Thus, considering the temporal concept of life satisfaction, this research aims to make a futures study in this field. Therefore, using a mixed model and employing research methods from futures studies, life satisfaction among the students of the University of Tehran were measured and their views on this subject investigated. Both quantitative and qualitative data were analysed together in order to test the hypotheses and to address the research questions on the youth discontentment with quality of life. Findings showed that the level of life satisfaction among students is relatively low and their image of the future is not positive and not optimistic. These views were elicited and discussed in the social, economic, political, environmental and technological perspectives. Keywords:  futures studies, quality of life, satisfaction with life, youth

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