Commons Governance, Normative Pluralism and the Enduring Role of Custom

2018 ◽  
pp. 15-37
Author(s):  
Christopher Rodgers
Keyword(s):  
The Other ◽  
Time And Space ◽  
Change Over Time ◽  
England And Wales ◽  
Legal Norms ◽  
The Commons ◽  
Normative Pluralism ◽  
Over Time ◽  
Legal Pluralist

The governance of common land in England and Wales is shaped by a mixture of customary and legal norms that can shift and change. Notwithstanding the introduction of legislation for the registration of common land and common rights, custom retains an important role in the governance of common land. This chapter situates custom alongside the other normative rules used to structure the governance of common land. It considers reforms introduced by the Commons Act 2006, including provision for the formation of self-regulating commons councils. It concludes that a legal pluralist analysis that focuses on the functionality of differing customary and legal norms, but which is also sensitive to the sources from which rules derive normativity, is essential if we are to position custom in the hierarchy of norms relevant to the governance of common land, to understand their respective roles and how these can change over time and space, and to appraise their effectiveness.

The Values and Norms of Islam

2010 ◽  
Vol 1 (1) ◽  
pp. 1-19
Author(s):  
Ahmed Akgunduz
Keyword(s):  
Islamic Law ◽  
Legal Theory ◽  
The Other ◽  
Moral Norms ◽  
Simple Fact ◽  
Value System ◽  
Legal Norms ◽  
Islamic Legal Theory ◽  
The World ◽  
Over Time

AbstractIslamic Law is one of the broadest and most comprehensive systems of legislation in the world. It was applied, through various schools of thought, from one end of the Muslim world to the other. It also had a great impact on other nations and cultures. We will focus in this article on values and norms in Islamic law. The value system of Islam is immutable and does not tolerate change over time for the simple fact that human nature does not change. The basic values and needs (which can be called maṣlaḥa) are classified hierarchically into three levels: (1) necessities (Ḍarūriyyāt), (2) convenience (Ḥājiyyāt), and (3) refinements (Kamāliyyāt=Taḥsīniyyāt). In Islamic legal theory (Uṣūl al‐fiqh) the general aim of legislation is to realize values through protecting and guaranteeing their necessities (al-Ḍarūriyyāt) as well as stressing their importance (al‐ Ḥājiyyāt) and their refinements (taḥsīniyyāt).In the second part of this article we will draw attention to Islamic norms. Islam has paid great attention to norms that protect basic values. We cannot explain all the Islamic norms that relate to basic values, but we will classify them categorically. We will focus on four kinds of norms: 1) norms (rules) concerned with belief (I’tiqādiyyāt), 2) norms (rules) concerned with law (ʿAmaliyyāt); 3) general legal norms (Qawā‘id al‐ Kulliyya al‐Fiqhiyya); 4) norms (rules) concerned with ethics (Wijdāniyyāt = Aḵlāqiyyāt = Ādāb = social and moral norms).

Language Change and Movement as Seen by Historical Linguistics

2018 ◽  
Author(s):  
Derek Nurse
Keyword(s):  
West Africa ◽  
20Th Century ◽  
Language Change ◽  
Historical Linguistics ◽  
Linguistic Features ◽  
Time And Space ◽  
Change Over Time ◽  
Comparative Linguistics ◽  
Language Boundaries ◽  
Over Time

The focus of this chapter is on how languages move and change over time and space. The perceptions of historical linguists have been shaped by what they were observing. During the flowering of comparative linguistics, from the late 19th into the 20th century, the dominant view was that in earlier times when people moved, their languages moved with them, often over long distances, sometimes fast, and that language change was largely internal. That changed in the second half of the 20th century. We now recognize that in recent centuries and millennia, most movements of communities and individuals have been local and shorter. Constant contact between communities resulted in features flowing across language boundaries, especially in crowded and long-settled locations such as most of Central and West Africa. Although communities did mix and people did cross borders, it became clear that language and linguistic features could also move without communities moving.

scholarly journals What Is Orientation in Dignitarian Thinking? Self, Other, Time and Space

2020 ◽  
pp. 174387212098228
Author(s):  
Stephen Riley
Keyword(s):  
The Self ◽  
The Other ◽  
Core Area ◽  
Methodological Challenge ◽  
Time And Space ◽  
Normative Discourse ◽  
The Government

Drawing upon Kant’s analysis of the role of intuitions in our orientation towards knowledge, this paper analyses four points of departure in thinking about dignity: self, other, time and space. Each reveals a core area of normative discourse – authenticity in the self, respect for the other, progress through time and authority as the government of space – along with related grounds of resistance to dignity. The paper concludes with a discussion of the methodological challenge presented by our different dignitarian intuitions, in particular the role of universality in testing and cohering our intuitions.

Return to the ancestral land: The semiotic map of the Mapuche people

2021 ◽  
Vol 27 (2) ◽  
pp. 258-269
Author(s):  
Camila Pérez ◽  
Giuseppina Marsico
Keyword(s):  
Meaning Making ◽  
The Other ◽  
Indigenous Group ◽  
History Of ◽  
Territorial Claim ◽  
Mapuche People ◽  
Territorial Claims ◽  
Von Uexküll ◽  
Over Time

Indigenous territorial claims are a long-standing concern in the history of Latin America. Land and nature have profound meaning in indigenous thinking, which is neither totally understood nor legitimized by the rest of society. This article is aimed at shedding light on this matter by examining the meanings at stake in the territorial claims of the Mapuche people. The Mapuche are an indigenous group in Chile, who are striving to recover their ancestral land. This analysis will be based on the concept of Umwelt, coined by von Uexküll to refer to the way in which species interpret their world in connection with the meaning-making process. Considering the applications of Umwelt to the human being, the significance assigned to land and nature by the Mapuche people emerges as a system of meaning that persists over time and promotes interdependence between people and the environment. On the other hand, the territorial claim of the Mapuche movement challenges the fragmentation between individuals and their space, echoing proposals from human geography that emphasize the role of people in the constitution of places.

Soviet Empire as “Family Resemblance”

Slavic Review ◽  
2006 ◽  
Vol 65 (2) ◽  
pp. 294-303 ◽  
Author(s):  
Mark R. Beissinger
Keyword(s):  
Family Resemblance ◽  
The Other ◽  
Soviet State ◽  
Soviet Empire ◽  
Interpretive Approach ◽  
Over Time

Empire has become a common analytical frame through which the Soviet state and its collapse are interpreted. Commenting on the other contributions to this forum, Mark R. Beissinger examines the limits and utility of this concept, arguing that empire needs to be understood, not as a clearly bounded transhistorical model, but as a Wittgensteinian “family resemblance” whose meaning and referents have altered significantly over time. The article then probes the ways the concept of empire has been redeployed in the Soviet context, addressing in particular the role of nationalism in the making of empire, the injustices associated with empire, and the contested boundary between the multinational empire and the multinational state. It concludes by arguing for a more interpretive approach to Soviet empire as a way of relating to authority rather than a common set of political practices.

scholarly journals Whistleblowers or Offenders? A Judicial Approach to Whistleblowing – The LuxLeaks Case

M n gement ◽  
2021 ◽  
Author(s):  
Oussama Ouriemmi ◽  
Wafa Ben Khaled ◽  
Mahaut Fanchini
Keyword(s):  
The Other ◽  
Ethical Behaviour ◽  
Legal Norms ◽  
The One

The aim of this article is to study the role of judges and their impact on the retaliation processes initiated by organisations against whistleblowers. More specifically, we question the normative logics used by judges to validate or invalidate such processes. To this end, we cross-check and analyse judicial data from the LuxLeaks case (2010–2018). Our results firstly enable us to establish a relationship between, on the one hand, the interpretative power of judges and their profile and, on the other, the attitude that judges may have at the end of the retaliation process towards whistleblowers, that is, retaliatory actors or protective actors. Our results also explain the normative dynamics that permeate the judicial retaliation process. They show that judges can challenge existing legal norms, clarify and operationalise others, and create new norms regulating ethical behaviour in organisations.

Confession, conscience, and selfhood on trial

2018 ◽  
pp. 124-177
Author(s):  
Laura Kounine
Keyword(s):  
Case Studies ◽  
The Self ◽  
Change Over Time ◽  
Linear Pattern ◽  
Moral Question ◽  
Modern Self ◽  
The Individual ◽  
Individual Self ◽  
Over Time

This chapter deals with the role of the self and conscience in defending oneself against the charge of witchcraft. To add depth to intellectual concepts—and teleologies—of the self, we must understand how the individual self was understood, felt, and experienced. Particularly for the crime of witchcraft, the crux of the trial was premised on the moral question of what kind of person would commit such a crime. Those on trial for witchcraft in the Lutheran duchy of Württemberg invoked the idioms of ‘mind’, ‘conscience’, ‘heart’, or ‘self’ in constructing their defence. Through four case studies, ranging from 1565 to 1678, this chapter examines the different ways in which people could conceptualize their person, and shows that change over time in the ‘development’ of the modern self was not a uniform or directly linear pattern.

scholarly journals The role of transfer in language variation and change: Evidence from contact varieties of French

2005 ◽  
Vol 8 (2) ◽  
pp. 93-98 ◽  
Author(s):  
JEANINE TREFFERS-DALLER ◽  
RAYMOND MOUGEON
Keyword(s):  
Geographical Area ◽  
Demographic Factors ◽  
Institutional Support ◽  
Language Variation ◽  
The Other ◽  
Special Issue ◽  
Language Variation And Change ◽  
Over Time

In this Special Issue, the focus is on contact-induced language variation and change in situations of societal bilingualism that involve long-term contact between French and another language. As is well known, when two or more languages are spoken by groups of speakers in the same geographical area, over time, features from one language can be transferred to the other language, especially when the languages in question are unequal in terms of prestige, institutional support and demographic factors. The process that leads to the adoption of such features in the contact languages is generally known as INTERFERENCE or TRANSFER, and these terms are also used to describe the features in question (i.e. the end product of the process of transfer). In this issue we prefer to use the term TRANSFER over the use of the notion INTERFERENCE, as the former has fewer negative connotations than the latter.

scholarly journals ZANZIBARIS OR AMAKHUWA? SUFI NETWORKS IN SOUTH AFRICA, MOZAMBIQUE, AND THE INDIAN OCEAN

2014 ◽  
Vol 55 (2) ◽  
pp. 191-210 ◽  
Author(s):  
Preben Kaarsholm
Keyword(s):  
South Africa ◽  
Social Change ◽  
Indian Ocean ◽  
Change Over Time ◽  
The Indian Ocean ◽  
The 1950S ◽  
Over Time ◽  
Ritual Practices

AbstractThis article investigates the role of Sufi networks in keeping Durban's ‘Zanzibari’ community of African Muslims together and developing their response to social change and political developments from the 1950s to the post-apartheid period. It focuses on the importance of religion in giving meaning to notions of community, and discusses the importance of the Makua language in maintaining links with northern Mozambique and framing understandings of Islam. The transmission of ritual practices of the Rifaiyya, Qadiriyya, and Shadhiliyya Sufi brotherhoods is highlighted, as is the significance of Maputo as a node for such linkages. The article discusses change over time in notions of cosmopolitanism, diaspora, and belonging, and examines new types of interactions after 1994 between people identifying themselves as Amakhuwa in Durban and Mozambique.

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