scholarly journals The Concept of Legal Action and Historical Overview

2017 ◽  
Vol 6 (1) ◽  
pp. 53-59
Author(s):  
Adrian Leka
Keyword(s):  
Civil Rights ◽  
The Other ◽  
Human Society ◽  
Legal Action ◽  
Wide Sense ◽  
Narrow Sense ◽  
Effective Period ◽  
The Will ◽  
Principles Of Justice ◽  
The Individual

Abstract In its very existence the human society, and people with one another develop relations between them. This is also supported by the laws of physics that say that the bodies in nature always interacted with each other. As it is already universally accepted that for their nature but not only people are free to decide on their own and to choose what seems right and good for them. But on the other hand this leeway is limited not only by the principles of justice and the interests of other persons but also these necessarily lawful, possible and moral. Legal action by its nature entered in the category of legitimate actions of people. Given the importance that legal actions have civil in relations, our legislation has given importance in its treatment concerning the meaning, form, validity and invalidity of legal actions, condition and term of juridical actions. In a narrow sense of the notion legal actions will be understood as legitimate manifestation of the will of the individual, physical and legal persons, that aim to create, change and/or erase civil rights and obligations that the parties undertake. While in the wide sense of the notion we will understand the legal actions not only as legitimate show of will and as a goal set by the parties but interpretations must also be seen, parties behavior, care, trust shown by them and the effects arising during the implementation of the contract or the effective period during which legal action may be ineffective for purposes of a condition, time, etc. By many modern legislation but also by our current legislation Civil Code of the 1994, legal action is defined in its narrow notion.

State of Emergency and Humanitarian Law — On Article 75 of Additional Protocol I

1984 ◽  
Vol 24 (242) ◽  
pp. 263-273
Author(s):  
Géza Herczegh
Keyword(s):  
The Other ◽  
Strict Sense ◽  
Humanitarian Law ◽  
Narrow Sense ◽  
Law Of War ◽  
Legal Provisions ◽  
The Hague ◽  
The Law ◽  
Broad Interpretation ◽  
The Individual

In a rich and abundant literature on the subject of international humanitarian law, two trends in the interpretation of the term “humanitarian law” stand out: one takes it in its broad meaning, the other in a narrow sense. According to the definition by Jean S. Pictet, humanitarian law, in the broad interpretation, is constituted by all the international legal provisions, whether written or customary, ensuring respect for the individual and the development of his life. Humanitarian law includes two branches: the law of war and human rights. The law of war, still following Professor Pictet's definition, can be subdivided into two sections, that of The Hague, or the law of war, in the strict sense, and that of Geneva, or humanitarian law, in the narrow sense. It is often difficult to distinguish clearly between these branches of law, and especially between the law of The Hague and the law of Geneva, because of the reciprocal influence each has had on the development of the other, to the extent that some well-known experts considered the traditional difference between them out-of-date and superfluous.

scholarly journals The Odal and its Manifestation in the Landscape

1994 ◽  
Vol 2 (1) ◽  
pp. 219-238
Author(s):  
Torun Zachrisson
Keyword(s):  
Iron Age ◽  
Viking Age ◽  
Wide Sense ◽  
Narrow Sense ◽  
Late Iron Age ◽  
Time Period ◽  
The Individual

The concept odal can be regarded in a narrow sense, i.e. as the inherited landed property of a family. But here it is argued that odal should be viewed in a wide sense - as a mentality that is of great importance to the understanding of Late Iron Age society in Sweden. The article focuses on the material expressions which belonging to a family and possessing a farm could take in the individual farmstead in the Mälar Valley. The Viking Age is interpreted as a time period in which there was a need to make the odal visible. The acts of burying dead relatives on top of the graves of early ancestors, erecting runestones, and possibly also erecting mounds are regarded as ways of guarding, marking, and confirming the possession of the odal in the odal man's own eyes and in his neighbours' and consequently also the odal man's position in society.

The Long Ordeal of Modernization Theory

Prospects ◽  
1986 ◽  
Vol 11 ◽  
pp. 407-451 ◽  
Author(s):  
Dwight Hoover
Keyword(s):  
Nineteenth Century ◽  
The Other ◽  
Modernization Theory ◽  
American Anthropologist ◽  
Common Values ◽  
Other Hand ◽  
The Will ◽  
German Sociology ◽  
The Individual ◽  
Mechanical Solidarity

The concept of modernization has its roots deep in nineteenth-century German sociology, reaching back to Toennies' distinction between Gemeinschaft and Gesellschaft, to Weber's discussion of the process of increasing rationalization in society, and to Durkheim's contrast between organic and mechanical solidarity in different communities. One of the best descriptions of the two kinds of society envisaged by this idea of modernization has been given by the American anthropologist Robert Redfield:One may conceive of a society, the Gemeinschaft, characterized by absolute unity derived from the intimate contacts of communal personal association and participation in common values. Here the will of the individual is spontaneous and affective. On the other hand, one may conceive of a society, the Gesellschaft, in which unity is highly individualizing and differentiating.

Intergenerational Cooperation and the Social Contract

2021 ◽  
Author(s):  
Joseph Heath
Keyword(s):  
John Rawls ◽  
Human Society ◽  
Intergenerational Justice ◽  
Indirect Reciprocity ◽  
Theory Of Justice ◽  
Mutual Advantage ◽  
Contractual Approach ◽  
Principles Of Justice ◽  
The Individual ◽  
Intergenerational Cooperation

John Rawls made the enormously influential suggestion that society can be conceived of as a “cooperative venture for mutual advantage,” governed by a “theory of justice,” which is a set of principles that specify an acceptable division of the “benefits and burdens of cooperation.” It follows, however, that if there are no opportunities for mutually advantageous cooperation in a particular domain of social interaction, then these interactions cannot be governed by principles of justice. Certain commentators have argued that this analysis precludes the application of Rawlsian-style contract theory to questions of intergenerational justice, on the grounds that there can be no reciprocity between non-contemporaneous generations, and thus no possibility of intergenerational cooperation. Yet despite having become influential in the literature, this claim is incorrect, being based upon an overly narrow, direct conception of reciprocity. Many systems of cooperation, both in nature and in human society, are based on indirect reciprocity, where the individual from whom a benefit is received need not be the same as the individual to whom a benefit is provided. Once the possibility of indirect reciprocity is taken into account, one can see that there is no obstacle to the development of systems of intergenerational cooperation. The analysis of such systems provides the foundation for a contractual approach to questions of intergenerational justice.

Prelude to Democracy

1940 ◽  
Vol 2 (2) ◽  
pp. 167-179
Author(s):  
Goetz A. Briefs
Keyword(s):  
The Other ◽  
Human Society ◽  
The Real ◽  
Other Hand ◽  
Vested Interests ◽  
The Will ◽  
The Difference

ALL human society so far as it is Unitas ordinisanswers the same requirements, namely to constitute unity out of plurality under a (formal or unformal) leadership. Wherever one of these criteria is absent, only an aggregation of individuals may ensue; never society.All human society, therefore, has a constitution whether written or not. This constitution determines who belongs to the society in question, how far its competence reaches, to what ends it is established, how the will of such society is to be formed and executed.All human society exists in the full stream of life; hence it is never frozen or static. On the other hand, human inertia and vested interests exert their strength by trying to fix the constitution of such society and to keep it, in whole or part, in a given status. Hence, there arises the difference between the real and the written constitution—a difference which both the Conservative von Radowitz and the Socialist Lassalle noticed. It prompted Radowitz’ famous dictum: “A government can efficiently and gloriously rule with any constitution as long as such government wields true authority. Without this authority, rule under any constitution will be bad.”

The Fluidity of Categories in Hasidism: Averah lishmah in the Teachings of R. Zevi Elimelekh of Dynow

1996 ◽  
pp. 301-320
Author(s):  
Yehoshua Mondshine
Keyword(s):  
The Other ◽  
Ordinary People ◽  
Divine Retribution ◽  
The World ◽  
The Will ◽  
The Individual ◽  
Will Of God

This chapter investigates the concept of ‘sin for the sake of Heaven’ (averah lishmah) in the teachings of R. Zevi Elimelekh of Dynow. In broad terms, there are two types of ‘sin for the sake of Heaven’, one intended for zaddikim only, the other for ordinary people. The first type solves a problem which faces the zaddik: his usual concern is with mitsvot which by their nature draw down the benign forces of heavenly deliverance and grace on the world; but how is he to deal with cases in which it is his duty to bring down divine retribution on the heads of the enemies of Israel? In such cases, he is called upon to commit a sin—albeit for the sake of Heaven—an act which by its nature brings judgements and accusations into being. Although this type of ‘sin for the sake of Heaven’ is more commonly found in his writings, one shall, however, give more attention to the second type. At every moment of the life of the hasid, he deliberates over every action or omission, and the halakhah is powerless to guide him. In addition to all other considerations he must also take account of ‘the Will of God’, a will that is not written in the Torah, since it changes according to time and place and to the spiritual condition of the individual at any particular time.

scholarly journals SOCIALIZATION OF PERSONALITY IS IN THE CONDITIONS OF UPDATING OF INFORMATIVE CULTURE OF SOCIETY

2020 ◽  
Vol 1 (190) ◽  
pp. 23-29
Author(s):  
Yaroslav Haleta ◽  
◽  
Alina Semak ◽  
Keyword(s):  
Virtual Reality ◽  
Personal Identity ◽  
Virtual Space ◽  
The Other ◽  
Wide Sense ◽  
Information Culture ◽  
Self Presentation ◽  
New Type ◽  
The One ◽  
The Individual

Finding out specific of socialization of a person under the conditions of virtualization of social processes is considered to be very actual nowadays. The problem of social virtual reality is becoming the subject of scientific research, but the social abilities of a given reality has been analyzed by scientists not enough yet. In the article much attention is paid to revealing the essence of the virtual reality on the one hand, but one should think it in a wide sense, connecting this only with computerizing the society, with Internet using, but on the other hand it different spheres of society related to it. The main constructive fact is the essence explanation of the virtual reality via the distribution in the society the so-called simulating processes and phenomena which may be connected with computerizing or may be out of it. The formation of the mass information culture of the mass man demonstrated the transition of society to a qualitatively different degree, associated with the emergence of a new type of personality, which is endowed with specific properties and characteristics, stereotypes of behavior and social functions. In other words, a person becomes a part of virtual reality, in which the phenomena and events of real and virtual space merge into a single whole. Virtuality is a phenomenon that can be interpreted not only as a result of human immersion in the information field, but also as an artifact of culture, created under the influence of information and reflecting the formation of a new type of communication. In modern socio-humanitarian knowledge, there are two approaches to defining the concept of «virtual reality». According to the first position, virtualization does not necessarily mean the replacement of reality by its image (simulation) with the help of computer technology. Thus, the virtualization of society and the formation of a network culture, on the one hand, complicate, and on the other - enrich the process of forming a personal identity. Virtual reality creates new opportunities for constructing identity, expanding the number of «others» with whom a person interacts. Network or virtual identity cannot be considered as independent entities, as subjects of behavior and activity, as alternatives to «real» personal identity. This is just one aspect of identity, the result of self-presentation of the individual in cyberspace.

scholarly journals THEORETICAL ASPECTS OF THE CONCEPT OF SUGGESTION IN LINGUISTICS

2019 ◽  
Vol 18 (28) ◽  
pp. 5-17 ◽  
Author(s):  
Vladyslava Akkurt
Keyword(s):  
Communication Theory ◽  
Narrow Sense ◽  
Field Of Study ◽  
Specific Objective ◽  
The Will ◽  
Verbal Control ◽  
Points Of View ◽  
The Individual ◽  
The Mind ◽  
And Behavior

The speech always contains more information than what it says directly. In addition to the literal sense, each statement has a communicative intention, one of the types of which is suggestion. The article considers the main points of view on the suggestion as a linguistic phenomenon, as well as the basic concepts related to this field of study. Each statement performs a communicative function, one of the types of which is suggestion. The study of the suggestive function of discourse is part of the field of study of linguistic influence, which as a science was formed due to the dynamic development of psycholinguistics, pragmatic linguistics, communication theory, rhetoric, logic, language psychology, social psychology and other scientific fields. Linguistic influence can be understood in broad and narrow sense. In this article, it is considered in the narrow sense: under the linguistic influence implies the influence on the consciousness and behavior of the individual with the help of a language characterized by specific objective goals of the speaker. To achieve verbal control of human behavior, different methods of influence are used, in which the classifications are divergent. We distinguish 3 types of linguistic influence: belief, suggestion and induction (will). Suggestion, or indirect suggestion, implies influence on subconsciousness, emotion and sense of the addressee and is characterized by unconsciousness of assimilation of the reported information. The purpose of a suggestion is to introduce an object of influence into a trance and to instill something, to induce certain actions. An intentional or suggestive language act of any illocutionary force may be if its purpose is to influence the psyche, the senses, the will and the mind of person and to decrease the degree of consciousness, analyticity and criticality in the perception of the information to be invoked.

Research on the Relationship between Humanity and Machinery

2011 ◽  
Vol 393-395 ◽  
pp. 274-279
Author(s):  
Jian Guo Luo ◽  
Mao Yan He
Keyword(s):  
The Other ◽  
Human Society ◽  
Development History ◽  
Other Hand ◽  
Or Groups ◽  
The World ◽  
The Individual ◽  
The Relationship ◽  
The Revolution

Humankind simmered with limitless appetency but never satisfied entirely, the weakness of humanity is too much appetency, whether for human’s survive or for development. The process of making tools is the result under the action of humanity, drived by natural attributes and free attributes of humanity, on one hand, drived by internalized natural attributess of seeking for safety, comfort and self-realization, and exterior natural attributess of lazy, jealousy and selfish, humankind devote themselves to the pursuance for physical and psychic wealth, the individual interests realized under the sake of realization of group’s interests. On the other hand, in view of the fact that the human society exist in country and nationality, whether individual or groups dominated by free attributess of humanity, lead the development of each industry through law and guild regulations, as well as the development of machinery included. The development of machinery is a mirror of human’s development history, machinery is the historical result of the revolution of production tools, it is the arm to change humankind and the world, it’s appearance, renovation and disuse as a reslult of humanity, it include the characteristics and contents of humanity, it represent the weakness and mightiness of humanity.

Gerechtigkeitssinn und Gerechtigkeitsprinzipien

2014 ◽  
Vol 2014 (1) ◽  
pp. 191-204
Author(s):  
Peter Welsen
Keyword(s):  
Central Place ◽  
The Other ◽  
Other Hand ◽  
Formal Procedure ◽  
Social Goods ◽  
Principles Of Justice ◽  
The One ◽  
The Individual ◽  
Sense Of Justice

The „petite éthique” which Ricoeur develops in Soi-meme comme un autre is distinctive in its way of paying attention to the individual, the other and the society all at the same time. For this very reason the problem of the distribution of social goods is fundamental. Ricoeur tries to solve this problem through a synthesis of teleological and deontological considerations, and here the approach of Rawls occupies a central place. On the one hand, the attempt to solve this problem in the framework of a teleological approach draws on principles of justice which Rawls establishes through formal procedure; on the other hand, Rawls‘ position depends on a number of teleological presuppositions which are not compatible with his deontological approach. Ricoeur does not only attempt to refute Rawls, but to interpret his principles of justice as the result of a rationalisation of a sense of justice which is simply presupposed.

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