scholarly journals A terra como bem-comum na memória do Direito brasileiro

2018 ◽  
Vol 42 (1) ◽  
pp. 11-31
Author(s):  
Sandra Regina Martini ◽  
Vanessa Chiari Gonçalves ◽  
Bárbara Bruna de Oliveira Simões
Keyword(s):  
Social Movements ◽  
Common Good ◽  
Political Systems ◽  
The Common Good ◽  
The Social ◽  
The Common ◽  
The Law ◽  
The Right

 O artigo trata da terra,  memória e direito com o objetivo de reconsiderar a terra como bem comum da humanidade, as referências jurídico políticas e sociais utilizadas são as brasileiras até a década de 80, pois entendemos que a nova Constituição embora apresente avanços significativos, não é suficiente para enfrentar a complexidade do direito ao bem comum terra. O direito precisa retomar a memória para cumprir sua função de evitar e compor conflitos, ou seja, o direito tem uma função preventiva, deve operar prevenindo e compondo conflitos advindos das mais diversas instâncias, em especial, neste artigo, dos Movimentos Sociais, sem os quais não é possível pensar na terra como bem da comunidade, pois são os movimentos sociais que trazem para o cenário jurídico-político a conflitualidade da sociedade, por isso são sistemas autoreferenciais de comunicação, que se inserem nos sistemas jurídico e político como reação da própria sociedade diferenciada funcionalmente. Assim, constrói-se a ideia de terra como um bem comum da humanidade, passando pela cooperação entre o local e o global. Abstract The article deals with land, memory and law with the objective of reconsidering land as a common good of humanity, the legal and political references used are Brazilian until the 1980s, since we understand that the new Constitution does is sufficient to face the complexity of the right to the common good land. The law needs to retake the memory to fulfill its function of avoiding and composing conflicts, that is, the right has a preventive function, it must operate preventing and composing conflicts arising from the most diverse instances, especially in this article of the Social Movements, without which it is not possible to think of the land as a community good, because it is the social movements that bring to the juridical-political scenario the conflict of the society, for that reason they are self-referential systems of communication, that are inserted in the legal and political systems as a reaction of the own society functionally differentiated. Thus, the idea of land is constructed as a common good of humanity, through the cooperation between local and global.  

This Is the Time

2020 ◽  
pp. 166-171
Author(s):  
Yael Tamir
Keyword(s):  
Common Good ◽  
Social Conflict ◽  
Public Morality ◽  
The Common Good ◽  
The Social ◽  
The Common ◽  
Economic Balance ◽  
The Right ◽  
Do So

This chapter argues that national sentiments should be used to induce a readiness to rebuild a cross-class coalition, giving individuals worthwhile reasons to work together to promote the common good, securing a more just distribution of risks and opportunities. The chapter then presents four reasons why this is the right time to do so. It also describes how state-directed actions must be taken in order to allow millennials to conduct a productive and satisfying life. By narrating the states' new task to reestablish a cross-class coalition that will promote a fairer distribution of risks and opportunities, the chapter acknowledges that some risks and opportunities are unifying — promoting social cohesiveness and undermining class tensions — while others are divisive — pulling the different classes in different directions and exacerbating social conflict. Ultimately, the chapter explicates shifting the social and economic balance in ways that will allow a more even distribution of risks and opportunities. It analyzes how such moves are likely to make a difference in the basic perceptions of public morality.

What Theology Should and Should Not Learn from the Social Sciences About the Common Good

2017 ◽  
Author(s):  
Mary L. Hirschfeld
Keyword(s):  
Social Sciences ◽  
Common Good ◽  
Human Life ◽  
Social Thought ◽  
Extensive Literature ◽  
Human Flourishing ◽  
Catholic Social Thought ◽  
The Common Good ◽  
The Social ◽  
The Common

There are two ways to answer the question, What can Catholic social thought learn from the social sciences about the common good? A more modern form of Catholic social thought, which primarily thinks of the common good in terms of the equitable distribution of goods like health, education, and opportunity, could benefit from the extensive literature in public policy, economics, and political science, which study the role of institutions and policies in generating desirable social outcomes. A second approach, rooted in pre-Machiavellian Catholic thought, would expand on this modern notion to include concerns about the way the culture shapes our understanding of what genuine human flourishing entails. On that account, the social sciences offer a valuable description of human life; but because they underestimate how human behavior is shaped by institutions, policies, and the discourse of social science itself, their insights need to be treated with caution.

Theology as Work: The Mandatum and the Rights of Labor

Horizons ◽  
2002 ◽  
Vol 29 (1) ◽  
pp. 128-134
Author(s):  
Patrick T. McCormick
Keyword(s):  
Academic Freedom ◽  
Working Conditions ◽  
Common Good ◽  
Catholic Social Teaching ◽  
Social Teaching ◽  
The Common Good ◽  
The Common ◽  
The Right ◽  
The Church ◽  
Safe Working

ABSTRACTMany oppose the mandatum as a threat to the academic freedom of Catholic scholars and the autonomy and credibility of Catholic universities. But the imposition of this juridical bond on working theologians is also in tension with Catholic Social Teaching on the rights and dignity of labor. Work is the labor necessary to earn our daily bread. But it is also the vocation by which we realize ourselves as persons and the profession through which we contribute to the common good. Thus, along with the right to a just wage and safe working conditions, Catholic Social Teaching defends workers' rights to a full partnership in the enterprise, and calls upon the church to be a model of participation and cooperation. The imposition of the mandatum fails to live up to this standard and threatens the jobs and vocations of theologians while undermining this profession's contribution to the church.

scholarly journals KHALWAT DALAM PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF

2019 ◽  
Vol 10 (2) ◽  
pp. 109-121
Author(s):  
Bukhari Bukhari
Keyword(s):  
Everyday Life ◽  
Common Good ◽  
Female Side ◽  
The Common Good ◽  
Bargaining Position ◽  
The Common ◽  
The Law

The existence of a man and woman who have no kinship so that it is lawful to marry her, in a lonely place without being ac companied by a mahram of the male or female side. This khalwat is a crime that is not subject to hudud punishment and kafarah punishment. This form of khalwat crime is included in the category of ta'zir finger whose number of punishment is not limited. In the Qur'an and Sunnah this khalwat act is highly reproached, but not clearly regulated in the Qur'an and Sunnah. So this act can be entered into the ta'zir group. All deeds that should (need) be forbidden to fulfill the common good (community). This prohibition must necessarily be made on the basis of community agreement / consensus in ways that are considered eligible. In North Aceh, the khalwat actors who are close to the power are hard to touch with the law, it is not surprising to all of us to remember that the law in this country is not yet the commander but the law is merely a bargaining position in everyday life.

scholarly journals Dobro wspólne okiem socjologa — kilka uwag porządkujących

2017 ◽  
Vol 61 (4) ◽  
pp. 49-63
Author(s):  
Bartosz Mika
Keyword(s):  
Common Good ◽  
Social Good ◽  
The Common Good ◽  
Collective Ownership ◽  
The Third ◽  
Contemporary Sociology ◽  
The Social ◽  
The Common

This text can be defined as an attempt to look at the question of the common good through sociological glasses. The author suggests that many of the issues subsumed under  the term “the common good” have already been elucidated and described in detail on the basis of classical and contemporary sociology. If it is assumed that the common good can be understood triply, as (1) a postulate of the social good, (2) materially, as an object of collective ownership, and (3) as an effect of the individual’s life in society, then it must be admitted that, at least in the third case, reference to the collected achievements of sociology is necessary in order to describe the common good properly.

Aristotle

2020 ◽  
pp. 34-50
Author(s):  
Terence Irwin
Keyword(s):  
Common Good ◽  
Detailed Account ◽  
Virtuous Person ◽  
The Common Good ◽  
Rational Part ◽  
Human Good ◽  
The Common ◽  
The Right

Aristotle agrees with Plato that virtue requires the cooperation of the rational and the non-rational parts of the soul, and that the virtuous person is always better off than the non-virtuous, even though virtue alone is not sufficient for happiness. To strengthen Plato’s argument for this claim, he offers a more detailed account of the nature of happiness, and of the relation between virtue and happiness. Since happiness is the supreme human good, it should be identified with rational activity in accordance with virtue in a complete life, in which external circumstances are favourable. A virtue of character is the appropriate agreement between the rational and the non-rational parts of the soul, aiming at fine action (i.e., action that promotes the common good). This requirement of appropriate agreement distinguishes virtue from continence (mere control of the rational over the non-rational part). To show that a life of virtue, so defined, promotes the agent’s happiness, Aristotle argues that one’s own happiness requires the right kind of friendship with others, in which one aims at the good of others for their own sake.

A Failure of Modernization: Police Reform, The “Common Good,” and Serfdom In Eighteenth-Century Russia

2015 ◽  
Vol 42 (3) ◽  
pp. 249-271
Author(s):  
Hugh D. Hudson
Keyword(s):  
Eighteenth Century ◽  
Social Relations ◽  
Social Order ◽  
Common Good ◽  
Max Weber ◽  
Political Organization ◽  
The Common Good ◽  
The Social ◽  
The Common ◽  
The Creation

For Russian subjects not locked away in their villages and thereby subject almost exclusively to landlord control, administration in the eighteenth century increasingly took the form of the police. And as part of the bureaucracy of governance, the police existed within the constructions of the social order—as part of social relations and their manifestations through political control. This article investigates the social and mental structures—the habitus—in which the actions of policing took place to provide a better appreciation of the difficulties of reform and modernization. Eighteenth-century Russia shared in the European discourse on the common good, the police, and social order. But whereas Michel Foucault and Michael Ignatieff see police development in Europe with its concern to surveil and discipline emerging from incipient capitalism and thus a product of new, post-Enlightenment social forces, the Russian example demonstrates the power of the past, of a habitus rooted in Muscovy. Despite Peter’s and especially Catherine’s well-intended efforts, Russia could not succeed in modernization, for police reforms left the enserfed part of the population subject to the whims of landlord violence, a reflection, in part, of Russia having yet to make the transition from the feudal manorial economy based on extra-economic compulsion to the capitalist hired-labor estate economy. The creation of true centralized political organization—the creation of the modern state as defined by Max Weber—would require the state’s domination over patrimonial jurisdiction and landlord control over the police. That necessitated the reforms of Alexander II.

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