scholarly journals Interaction between Law and Morality: The Philosophical Construct

2021 ◽  
Vol 2 (2) ◽  
pp. 311-321
Author(s):  
Muhammad Mumtaz Ali Khan ◽  
Muhammad Danyal Khan ◽  
Imran Alam
Keyword(s):  
Comparative Analysis ◽  
Legal Framework ◽  
Legal Positivism ◽  
Modern State ◽  
Nation State ◽  
Law And Morality ◽  
Law And Legislation ◽  
Religious Morality ◽  
Modern Nation State

This paper discusses the jurisprudential analysis of law and legislation in a modern state. The main objective of this analysis is to ascertain the role and status of morality in the modern constitutional setup. Various views of legal positivism will be probed in light of the role of morality in codification. The study will comprise upon doctrinal analysis of various positivist writers of the 20th century. Contemporary elements of law in the modern nation-state system are more pro-positivist in approach rather than moral. In the light of these elements, the reader will understand the scope of morality especially religious morality in the contemporary legal framework. A comparative analysis will explain the standards of both theories of legal positivism and naturalist interpretation of laws.

Patient Autonomy, Capacity, and Consent

2020 ◽  
Author(s):  
Mary Donnelly ◽  
Jessica Berg
Keyword(s):  
United States ◽  
National Level ◽  
The United States ◽  
Legal Framework ◽  
National Standard ◽  
Legal Principles ◽  
Key Issues ◽  
Human Rights Norms ◽  
Law And Legislation

This chapter explores a number of key issues: the role of competence and capacity, advance directives, and decisions made for others. It analyses the ways these are treated in the United States and in selected European jurisdictions. National-level capacity legislation and human rights norms play a central role in Europe, which means that healthcare decisions in situations of impaired capacity operate in accordance with a national standard. In the United States, the legal framework is more state-based (rather than federal), and the courts have played a significant role, with both common law and legislation varying considerably across jurisdictions. Despite these differences, this chapter identifies some similar legal principles which have developed.

scholarly journals Konflikte um das "grüne Gold der Gene"

2002 ◽  
Vol 32 (129) ◽  
pp. 631-652
Author(s):  
Christoph Görg ◽  
Ulrich Brand
Keyword(s):  
Critical State ◽  
International Institutions ◽  
Biological Diversity ◽  
Legal Framework ◽  
State Theory ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Nation State ◽  
Political Processes

In the last years an international legal framework evolved m the field of biodiversity, its protection and use. Accesses to genetic resources and mtellectual property nghts for developed commodities are fundamental for dominant actors and therefore these two aspects are central in political processes. Other aspects as nghts of mdlgenous peoples or benefit sharing have much less importance. Central institutions to regulate the highly contested issues are the Convention on Biological Diversity, the TRIPS agreement m the wro as well as the FAO which are not at all coherent in their policies. Agamst the background of regulation and critical state theory the article examines the contradictory role of the nation-state and international institutions in international biodiversity politics and examines central conflicts lines. Weaker actors try to politicise the struggle under the concept of "biopiracy" accusing dominant actors of an illegitimate appropriation of biodiversity. Fmally, some preconditions of "democratic biodiversity politics" are outlined.

scholarly journals Regulation of Ordinary Partnership under Ethiopian Law: A Comparative Analysis of Selected Legal Issues with the French Civil Partnership and the Thai Ordinary Partnership Regimes

2021 ◽  
Vol 27 ◽  
pp. 219-233
Author(s):  
Israel Woldekidan Haileyesus
Keyword(s):  
Comparative Analysis ◽  
Legal Framework ◽  
Vital Role ◽  
Civil Code ◽  
Legal Issues ◽  
Alternative Form ◽  
Civil Partnership ◽  
Doing Business ◽  
Legal Regimes

Civil/ordinary partnerships as non-commercial entities play a vital role as an alternative form of doing business in various jurisdictions. Though the issue of where they should be regulated is becoming nonsensical in recent times, it is wise to have a well-structured legal framework which regulates these entities. This article aims to conduct a comparative analysis of the regulation of Ethiopia’s ordinary partnership with the French civil code partnership and the Thai ordinary partnership only on issues of formation, transfer of share, management, liability of partners, dissolution of partnership, distribution of profit and loss, and expulsion of a  partner. The comparative analysis shows that in many areas of regulation, the Ethiopian law has more commonalities with that of Thai ordinary partnership and French civil code partnership legal regimes. This article also finds that the Ethiopian law of ordinary partnership ought to be improved as regards the issues of the transfer of shares related to ascendants and descendants, on the distribution of profits and losses, on the role of partners in a dissolution of the partnership, and on the expulsion of a partner.

scholarly journals Authenticity of the Sign: Travels of a Lahu Song1

2014 ◽  
Vol 32 (1-2-3) ◽  
pp. 83-102
Author(s):  
Judith Pine
Keyword(s):  
Ethnic Minority ◽  
Ethnic Group ◽  
Minority Group ◽  
Modern Society ◽  
Modern State ◽  
Nation State ◽  
Material Feature ◽  
Modern Nation State ◽  
Positive Quality

This is a paper about a song which requires rather complex semiotic operations to be Lahu. The Wedding Oath song indexes, in different contexts, a desirable modern quality in a pre-modern society, a connection between an ethnic minority group and the modern state which implies obligations toward that ethnic group, and the positive quality of cosmopolitanism as a characteristic of a modern nation state. The nature of authenticity as a feature of these indexical relationships creates the possibility that one might extend Mendoza-Denton’s (2011) concept of “semiotic hitchhiker” to incorporate a non-material feature of a discursive performance.

scholarly journals The Rule of Law in Islam: Between Formalism and Substantivism

ICR Journal ◽  
2016 ◽  
Vol 7 (1) ◽  
pp. 65-80
Author(s):  
Tengku Ahmad Hazri
Keyword(s):  
Rule Of Law ◽  
Legal Positivism ◽  
Moral Ideal ◽  
The Rule Of Law ◽  
Legal Principle ◽  
Law And Morality ◽  
Just Society ◽  
The Individual ◽  
Substantive Law ◽  
Modern Nation State

What has passed as the rule of law in Islam is in fact merely the formal features of legal principle, without considering the substantive basis for law as a moral ideal. This article argues for a more substantive understanding of the rule of law that is sensitive to the shariah’s vision of the good and just society. To this end, the article evaluates the distinction between formal and substantive versions of the rule of law, examining the foundation of that distinction in legal positivism and the notion of the dualism of law and morality. The rule of law in Islam will be seen to by-pass such bifurcation and, by being rooted in the shariah, affirm a harmonious legal continuum between the individual and the state. It will also be shown that the rule of law in Islam is organically connected to the question of pluralism and multiculturalism in the context of the modern nation state. The implication this has for an area of substantive law - namely, human rights - will then be considered.

Nation Building

2020 ◽  
pp. 52-60
Author(s):  
Yael Tamir
Keyword(s):  
Nation Building ◽  
The State ◽  
The Other ◽  
Modern State ◽  
Nation State ◽  
Administrative Service ◽  
The Social ◽  
Political Outcomes ◽  
The Way

This chapter investigates what makes nations so powerful and special. It presents two reasons that come to mind: one obvious the other unexpected. The obvious one is institutional and relates to the alliance between the nation and the state. The unexpected, more surprising, reason concerns the fact that the very same features that make nations attractive allies of the modern state — namely, being natural, historical, and continuous entities — are mostly fabricated. The chapter also explores the way nationalism shaped the modern state and provided it with tools necessary to turn from an administrative service into a caring entity that takes on itself not merely the role of a neutral coordinator but also that of a compassionate and attentive mother(land). Ultimately, the chapter examines the social and political outcomes of the lean state and ponders whether some of the advantages of the nation-state could be recovered.

Universities and Conservatories

2020 ◽  
pp. 270-292
Author(s):  
Peter Tregear
Keyword(s):  
Music Education ◽  
Nation State ◽  
Professional Accreditation ◽  
Modern Nation State

This chapter explores the various influences that shaped the growth of music conservatoires and the inclusion of music in universities as a discrete branch of study. Arising foremost out of a desire to meet rising demands for professional accreditation and status both from musicians themselves and from those wishing to use their services, this growth in the institutionalization of music education was shaped in turn by tensions between idealistic and pragmatic views of the role of music in society, and by the rising significance given to music as a tool of the emergent modern nation-state, as much as it also inevitably reflects cultural prejudices of the age.

Can National History Be De-Provincialized?

2009 ◽  
Vol 1 (1) ◽  
pp. 25-38 ◽  
Author(s):  
Thomas Bender
Keyword(s):  
The United States ◽  
Adoption Process ◽  
Nation State ◽  
National History ◽  
Global Context ◽  
Historical Relationship ◽  
Textbook Controversy ◽  
Political Character ◽  
Modern Nation State

This article examines two incidents of textbook controversy in the United States in the course of the last half-century. First, it addresses history's historical relationship to the modern nation-state and nationalism. How does that relationship, and the particular way it is understood, limit the boundaries of history, particularly the contest over whether American history ought to be taught as selfcontained and exceptionalist or taught within a larger global context? Second, it addresses the presence of what could be called a historical essentialism or even historical fundamentalism in textbook controversies. The article concludes with an examination of the increasingly political character of the textbook approval and adoption process, as well as the role of publishers and professional historians in the process.

scholarly journals THE POLITICAL THOUGHT OF MIRZA NAINI

2021 ◽  
Vol 9 (03) ◽  
pp. 263-270
Author(s):  
Syed Zeeshan Haider Zaidi ◽  
Keyword(s):  
Sixteenth Century ◽  
Political Thought ◽  
Political Leadership ◽  
The Political ◽  
Legitimate Authority ◽  
Nation State ◽  
Islamic State ◽  
Common People ◽  
Modern Nation State

In Islam this is Gods right to rule over man and he gave this right according to Sunni Islam to everyone who possesses some abilities mentioned in books written by jurists but Shia Muslims believe that not only God is legitimate authority, He also appointed specific persons for political leadership after prophet Mohammad (peace upon him), they are twelve Imam the last Imam Mahdi(peace upon him) went to major occultation in 941 and till sixteenth century Shia Muslims could not establish government like Safivids dynasty in Iran.The rise of the modern nation-state in the Middle East in the early 20 century led to debates around the role of the clergy in the state and the nature of an Islamic state There was a controversial debate about constitution, is it legitimated according to Islam or not? In the responseTanbih al ummah va Tanzih al Millahwas written by Mirza Naini. He supported the idea of making constitution and legitimacy of assembly where representatives of people can do legislation because these two can control kings selfishness and make him away from tyranny. He also accepted concept of nation-state and proved that these concepts are not bidah.(condemnable innovation in religion)He believed in equality of common people with rulers along with their right of freedom.

Memory, Metaphor, and a Double Bind

2018 ◽  
pp. 118-134
Author(s):  
Adam B. Seligman ◽  
Robert P. Weller
Keyword(s):  
Double Bind ◽  
Nation State ◽  
Modern Times ◽  
Modern Nation State

Chapter 6 analyzes the workings of memory and metaphor as Jewish and Christian civilizational tropes. It focuses on the role of blood in both traditions to explicate the different understandings of past, present, and future within Judaism and Christianity. The analysis ranges from ancient to modern times and from religiously constituted communities to membership in the modern nation-state. The chapter ends with an exploration of the particular “double bind” aspect of Judeo-Christian relations that has plagued both right from their inception. This double bind is just one example of a much broader problem of living with differences that cannot be simply reconciled, but which we can learn to accept by recognizing the relevance of the grounds of memory, mimesis, and metaphor.

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