Academic literature on the topic 'Juridicalism'

Why are companies increasingly adopting the language of ‘citizenship’ to describe themselves? This is the issue taken up in this article. It is suggested the claims and forms of address in respect to ‘global corporate citizenship’ are part of wider governance moves in the international system, associated with a certain constitutional terminology and moves to progressively juridicalize the international arena. The article explores the forms of these moves as regards company activity in particular, and illustrates the difficult consequences of the processes being described from the point of view of traditional international law and corporate governance.

ABSTRACT Thei commoni crimei isi thefti withi variousi typesi thati arei backedi upi becausei ofi thei unfulfilledi needsi ofi life.i Thefti crimesi withi thei circumcisioni isi ai normali thefti ini itsi implementationi accompaniedi byi certaini incriminatedi circumstances,i fori examplei isi donei byi Alliedi twoi ori morei actorsi andi performedi ati night.i Thei problemsi examinedi werei howi thei enforcementi andi implementationi ofi criminali sanctionsi fori TNIi soldiersi whoi committedi criminali actsi withi thei exposurei ini thei studyi ofi thei Decreei No.i 85-K/PM.i II-09/AD/VII/2018 Thei researchi methodsi usedi arei asi follows,i thei specificationi ofi thisi researchi usingi analyticali Deskriftifi isi byi researchi methodi byi providingi thei datai andi factsi ofi primary,i secondaryi andi tertiaryi legali materials.i Thei methodi ofi approachi usedi isi thei normativei juridicali whichi focusesi oni thei researchi oni legali norms,i legali rulesi whereasi fieldi studiesi arei usedi toi obtaini primaryi datai obtainedi fromi agenciesi withi problemsi Research. Thei researchi methodsi usedi arei asi follows,i thei specificationi ofi thisi researchi usingi analyticali Deskriftifi isi byi researchi methodi byi providingi thei datai andi factsi ofi primary,i secondaryi andi tertiaryi legali materials.i Thei methodi ofi approachi usedi isi thei normativei juridicali whichi focusesi oni thei researchi oni legali norms,i legali rulesi whereasi fieldi studiesi arei usedi toi obtaini primaryi datai obtainedi fromi agenciesi withi problemsi Research. Keywords:i Accountability;i Thefti byi Grantingi Weights;i Military;i i Criminali experiments ABSTRAK Kejahatan yang sering terjadi adalah pencurian dengan berbagai jenis yang dilatarbelakangi karena kebutuhan hidup yang tidak tercukupi. Tindak pidana pencurian dengan pemberatan merupakan pencurian biasa yang dalam pelaksanaannya disertai oleh keadaan tertentu yang memberatkan, misalnya dilakukan dengan bersekutu dua atau lebih pelaku dan dilakukan pada malam hari. Permasalahan yang dikaji adalah bagaimana penegakan dan penerapan sanksi pidana bagi prajurit TNI yang melakukan tindak pidana dengan pemberatan dalam studi putusan Nomor 85-K/PM.II-09/AD/VII/2018. Metode penelitian yang digunakan yaitu sebagai berikut, spesifikasi penelitian ini menggunakan Deskriftif Analitis yaitu dengan metode penelitian dengan cara memberikan data-data dan fakta bahan hukum primer, sekunder dan tersier. Metode pendekatan yang digunakan yaitu secara yuridis normatif yang menitikberatkan pada penelitian terhadap norma-norma hukum, kaidah hukum sedangkan studi lapangan digunakan untuk memperoleh data primer yang diperoleh dari instansi dengan masalah penelitian. Putusani Perkarai Nomori 85-K/PM.II-09/AD/VII/2018i yaitui tentangi tindaki pidanai pencuriani dengani pemberatani yangi dilakukani seorangi militeri dani temani sipili lainnya.i Peraturani Mahkamahi Agungi Nomori 2i Tahuni 2012i tidaki hanyai bersinggungani dengani Kitabi Undang-Undangi Hukumi Pidanai saja,i melainkani bersinggungani jugai dengani Pasali 205i Kitabi Undang-Undangi Hukumi Acarai Pidana,i dalami kasusi tersebuti hakimi menjatuhkani pidanai bersyarati yaitui Pidanai Penjarai selamai 4i (empat)i bulani dengani masai percobaani 6i (enam)i bulan. Katai Kuncii :i Pertanggungjawaban;i Pencuriani dengani Pemberatan;i Militer;i Pidanai Percobaani

Measuresi toi eradicatei corruptioni arei noti onlyi focusedi oni handlingi casesi onlyi buti Alsoi thei handlingi ofi evidencei asi ani importanti parti ofi creatingi justicei andi legali certainty.i Rupbasan'si confiscatedi asseti managementi Obtainedi fromi thei Corruptioni Eradicationi Commissioni isi currentlyi noti runningi optimally.i Alli aspectsi relatedi toi thei managementi ofi confiscatedi objectsi roommatesi shouldi bei Carriedi outi byi Rupbasani byi Reviewsi theiri dutiesi andi functionsi toi buildi ai mechanismi fori managingi assets,i thei resultingi fromi criminali acts,i asi statedi ini thei Criminali Procedurei Codei ini creatingi ai checki andi balancei processi fori lawi enforcement,i hasi noti yeti beeni fulfilledi Accordingi toi thei mandatei ofi thei law.i Thisi researchi willi contributei ini thei formi ofi ai newi viewi ofi strategici policymaking,i especiallyi ini thei fieldi ofi lawi isi directedi ati improvingi thei organizationi toi Realizei thei confiscationi ofi confiscatedi assetsi managementi byi thei provisionsi ofi thei lawi Juridicali analysisi usingi empiricali methods.i Thisi studyi aimsi toi describei thei currenti managementi systemi ini Rupbasan,i analyzei thei problemsi thati occur,i andi providei inputi throughi innovationi revitalizationi ofi Rupbasani toi maximizei thei managementi ofi confiscatedi assets,i resultingi fromi actsi ofi corruption.i Deviationsi toi thei provisionsi regardingi thei managementi ofi confiscatedi assetsi asi ai resulti ofi thei limitationsi andi discrepanciesi ini thei worki processi ofi Rupbasan,i toi thei demandsi ofi ani increasinglyi growingi task,i Thusi raisingi thei urgencyi ofi thei revitalizationi ofi Rupbasani thei whichi musti bei donei Immediatelyi toi Realizei justicei andi legali certainty.

This article proposes that the growing popularity of reality television in the southernmost state of India, Kerala – disseminated locally and throughout the Indian diaspora – is not the product of an innocuous nostalgia for a fast-disappearing regional identity but rather a spectacular example of an emergent ideology that displaces cultural memory, collective identity, and secular nationalism with new, globalised forms of public sentiment. Further, it is arguable that this g/local media culture also displaces hard-won secular feminist constructions of gender and the contemporary modern “Indian woman.” Shows like Idea Star Singer (hereafter ISS) (Malayalam [the language spoken in Kerala] television’s most popular reality television series), based closely on American Idol, is broadcast worldwide to dozens of nations including the US, the UK, China, Russia, Sri Lanka, and several nations in the Middle East and the discussion that follows attempts both to account for this g/local phenomenon and to problematise it. ISS concentrates on staging the diversity and talent of Malayalee youth and, in particular, their ability to sing ‘pitch-perfect’, by inviting them to perform the vast catalogue of traditional Malayalam songs. However, inasmuch as it is aimed at both a regional and diasporic audience, ISS also allows for a diversity of singing styles displayed through the inclusion of a variety of other songs: some sung in Tamil, some Hindi, and some even English. This leads us to ask a number of questions: in what ways are performers who subscribe to regional or global models of televisual style rewarded or punished? In what ways are performers who exemplify differences in terms of gender, sexuality, religion, class, or ability punished? Further, it is arguable that this show—packaged as the “must-see” spectacle for the Indian diaspora—re-imagines a traditional past and translates it (under the rubric of “reality” television) into a vulgar commodification of both “classical” and “folk” India: an India excised of radical reform, feminists, activists, and any voices of multiplicity clamouring for change. Indeed, it is my contention that, although such shows claim to promote women’s liberation by encouraging women to realise their talents and ambitions, the commodification of the “stars” as televisual celebrities points rather to an anti-feminist imperial agenda of control and domination. Normalising Art: Presenting the Juridical as Natural Following Foucault, we can, indeed, read ISS as an apparatus of “normalisation.” While ISS purports to be “about” music, celebration, and art—an encouragement of art for art’s sake—it nevertheless advocates the practice of teaching as critiqued by Foucault: “the acquisition and knowledge by the very practice of the pedagogical activity and a reciprocal, hierarchised observation” (176), so that self-surveillance is built into the process. What appears on the screen is, in effect, the presentation of a juridically governed body as natural: the capitalist production of art through intense practice, performance, and corrective measures that valorise discipline and, at the end, produce ‘good’ and ‘bad’ subjects. The Foucauldian isomorphism of punishment with obligation, exercise with repetition, and enactment of the law is magnified in the traditional practice of music, especially Carnatic, or the occasional Hindustani refrain that separates those who come out of years of training in the Gury–Shishya mode (teacher–student mode, primarily Hindu and privileged) from those who do not (Muslims, working-class, and perhaps disabled students). In the context of a reality television show sponsored by Idea Cellular Ltd (a phone company with global outposts), the systems of discipline are strictly in line with the capitalist economy. Since this show depends upon the vast back-catalogue of film songs sung by playback singers from the era of big studio film-making, it may be seen to advocate a mimetic rigidity that ossifies artistic production, rather than offering encouragement to a new generation of artists who might wish to take the songs and make them their own. ISS, indeed, compares and differentiates the participants’ talents through an “opaque” system of evaluations which the show presents as transparent, merit-based and “fair”: as Foucault observes, “the perpetual penalty that traverses all points and supervises every instant in the disciplinary institutions compares, differentiates, hierarchizes, homogenizes, excludes. In short, it normalizes” (183). On ISS, this evaluation process (a panel of judges who are renowned singers and composers, along with a rotating guest star, such as an actor) may be seen as a scopophilic institution where training and knowledge are brought together, transforming “the economy of visibility into the exercise of power” (187). The contestants, largely insignificant as individuals but seen together, at times, upon the stage, dancing and singing and performing practised routines, represent a socius constituting the body politic. The judges, enthroned on prominent and lush seats above the young contestants, the studio audience and, in effect, the show’s televised transnational audience, deliver judgements that “normalise” these artists into submissive subjectivity. In fact, despite the incoherence of the average judgement, audiences are so engrossed in the narrative of “marks” (a clear vestige of the education and civilising mission of the colonial subject under British rule) that, even in the glamorous setting of vibrating music, artificial lights, and corporate capital, Indians can still be found disciplining themselves according to the values of the West. Enacting Keraleeyatham for Malayalee Diaspora Ritty Lukose’s study on youth and gender in Kerala frames identity formations under colonialism, nationalism, and capitalism as she teases out ideas of resistance and agency by addressing the complex mediations of consumption or consumptive practices. Lukose reads “consumer culture as a complex site of female participation and constraint, enjoyment and objectification” (917), and finds the young, westernised female as a particular site of consumer agency. According to this theory, the performers on ISS and the show’s MC, Renjini Haridas, embody this body politic. The young performers all dress in the garb of “authentic identity”, sporting saris, pawaadu-blouse, mundum-neertha, salwaar-kameez, lehenga-choli, skirts, pants, and so on. This sartorial diversity is deeply gendered and discursively rich; the men have one of two options: kurta-mundu or some such variation and the pant–shirt combination. The women, especially Renjini (educated at St Theresa’s College in Kochi and former winner of Ms Kerala beauty contest) evoke the MTV DJs of the mid-1990s and affect a pidgin-Malayalam spliced with English: Renjini’s cool “touching” of the contestants and airy gestures remove her from the regional masses; and yet, for Onam (festival of Kerala), she dresses in the traditional cream and gold sari; for Id (high holy day for Muslims), she dresses in some glittery salwaar-kameez with a wrap on her head; and for Christmas, she wears a long dress. This is clearly meant to show her ability to embody different socio-religious spheres simultaneously. Yet, both she and all the young female contestants speak proudly about their authentic Kerala identity. Ritty Lukose spells this out as “Keraleeyatham.” In the vein of beauty pageants, and the first-world practice of indoctrinating all bodies into one model of beauty, the youngsters engage in exuberant performances yet, once their act is over, revert back to the coy, submissive docility that is the face of the student in the traditional educational apparatus. Both left-wing feminists and BJP activists write their ballads on the surface of women’s bodies; however, in enacting the chethu or, to be more accurate, “ash-push” (colloquialism akin to “hip”) lifestyle advocated by the show (interrupted at least half a dozen times by lengthy sequences of commercials for jewellery, clothing, toilet cleaners, nutritious chocolate bars, hair oil, and home products), the participants in this show become the unwitting sites of a large number of competing ideologies. Lukose observes the remarkable development from the peasant labor-centered Kerala of the 1970s to today’s simulacrum: “Keraleeyatham.” When discussing the beauty contests staged in Kerala in the 1990s, she discovers (through analysis of the dress and Sanskrit-centred questions) that: “Miss Kerala must be a naden pennu [a girl of the native/rural land] in her dress, comportment, and knowledge. Written onto the female bodies of a proliferation of Miss Keralas, the nadu, locality itself, becomes transportable and transposable” (929). Lukose observes that these women have room to enact their passions and artistry only within the metadiegetic space of the “song and dance” spectacle; once they leave it, they return to a modest, Kerala-gendered space in which the young female performers are quiet to the point of inarticulate, stuttering silence (930). However, while Lukose’s term, Keraleeyatham, is useful as a sociological compass, I contend that it has even more complex connotations. Its ethos of “Nair-ism” (Nayar was the dominant caste identity in Kerala), which could have been a site of resistance and identity formation, instead becomes a site of nationalist, regional linguistic supremacy arising out of Hindu imaginary. Second, this ideology could not have been developed in the era of pre-globalised state-run television but now, in the wake of globalisation and satellite television, we see this spectacle of “discipline and punish” enacted on the world stage. Thus, although I do see a possibility for a more positive Keraleeyatham that is organic, inclusive, and radical, for the moment we have a hegemonic, exclusive, and hierarchical statist approach to regional identity that needs to be re-evaluated. Articulating the Authentic via the Simulacrum Welcome to the Malayalee matrix. Jean Baudrillard’s simulacrum is our entry point into visualising the code of reality television. In a state noted for its distinctly left-leaning politics and Communist Party history which underwent radical reversal in the 1990s, the political front in Kerala is still dominated by the LDF (Left Democratic Front), and resistance to the state is an institutionalised and satirised daily event, as marked by the marchers who gather and stop traffic at Palayam in the capital city daily at noon. Issues of poverty and corporate disenfranchisement plague the farming and fishing communities while people suffer transportation tragedies, failures of road development and ferry upkeep on a daily basis. Writers and activists rail against imminent aerial bombing of Maoists insurgent groups, reading in such statist violence repression of the Adivasi (indigenous) peoples scattered across many states of eastern and southern India. Alongside energy and ration supply issues, politics light up the average Keralaite, and yet the most popular “reality” television show reflects none of it. Other than paying faux multicultural tribute to all the festivals that come and go (such as Id, Diwaali, Christmas, and Kerala Piravi [Kerala Day on 1 November]), mainly through Renjini’s dress and chatter, ISS does all it can to remove itself from the turmoil of the everyday. Much in the same way that Bollywood cinema has allowed the masses to escape the oppressions of “the everyday,” reality television promises speculative pleasure produced on the backs of young performers who do not even have to be paid for their labour. Unlike Malayalam cinema’s penchant for hard-hitting politics and narratives of unaccounted for, everyday lives in neo-realist style, today’s reality television—with its excessive sound and light effects, glittering stages and bejewelled participants, repeat zooms, frontal shots, and artificial enhancements—exploits the paradox of hyper-authenticity (Rose and Wood 295). In her useful account of America’s top reality show, American Idol, Katherine Meizel investigates the fascination with the show’s winners and the losers, and the drama of an American “ideal” of diligence and ambition that is seen to be at the heart of the show. She writes, “It is about selling the Dream—regardless of whether it results in success or failure—and about the enactment of ideology that hovers at the edges of any discourse about American morality. It is the potential of great ambition, rather than of great talent, that drives these hopefuls and inspires their fans” (486). In enacting the global via the site of the local (Malayalam and Tamil songs primarily), ISS assumes the mantle of Americanism through the plain-spoken, direct commentaries of the singers who, like their US counterparts, routinely tell us how all of it has changed their lives. In other words, this retrospective meta-narrative becomes more important than the show itself. True to Baudrillard’s theory, ISS blurs the line between actual need and the “need” fabricated by the media and multinational corporations like Idea Cellular and Confident Group (which builds luxury homes, primarily for the new bourgeoisie and nostalgic “returnees” from the diaspora). The “New Kerala” is marked, for the locals, by extravagant (mostly unoccupied) constructions of photogenic homes in garish colours, located in the middle of chaos: the traditional nattumparathu (countryside) wooden homes, and traffic congestion. The homes, promised at the end of these shows, have a “value” based on the hyper-real economy of the show rather than an actual utility value. Yet those who move from the “old” world to the “new” do not always fare well. In local papers, the young artists are often criticised for their new-found haughtiness and disinclination to visit ill relatives in hospital: a veritable sin in a culture that places the nadu and kin above all narratives of progress. In other words, nothing quite adds up: the language and ideologies of the show, espoused most succinctly by its inarticulate host, is a language that obscures its distance from reality. ISS maps onto its audience the emblematic difference between “citizen” and “population”. Through the chaotic, state-sanctioned paralegal devices that allow the slum-dwellers and other property-less people to dwell in the cities, the voices of the labourers (such as the unions) have been silenced. It is a nation ever more geographically divided between the middle-classes which retreat into their gated neighbourhoods, and the shanty-town denizens who are represented by the rising class of religio-fundamentalist leaders. While the poor vote in the Hindu hegemony, the middle classes text in their votes to reality shows like ISS. Partha Chatterjee speaks of the “new segregated and exclusive spaces for the managerial and technocratic elite” (143) which is obsessed by media images, international travel, suburbanisation, and high technology. I wish to add to this list the artificially created community of ISS performers and stars; these are, indeed, the virtual and global extension of Chatterjee’s exclusive, elite communities, decrying the new bourgeois order of Indian urbanity, repackaged as Malayalee, moneyed, and Nayar. Meanwhile, the Hindu Right flexes its muscle under the show’s glittery surface: neither menacing nor fundamentalist, it is now “hip” to be Hindu. Thus while, on the surface, ISS operates according to the cliché, musicinu mathamilla (“music has no religion”), I would contend that it perpetuates a colonising space of Hindu-nationalist hegemony which standardises music appreciation, flattens music performance into an “art” developed solely to serve commercial cinema, and produces a dialectic of Keraleeyatham that erases the multiplicities of its “real.” This ideology, meanwhile, colonises from within. The public performance plays out in the private sphere where the show is consumed; at the same time, the private is inserted into the public with SMS calls that ultimately help seal the juridicality of the show and give the impression of “democracy.” Like the many networks that bring the sentiments of melody and melancholy to our dinner table, I would like to offer you this alternative account of ISS as part of a bid for a more vociferous, and critical, engagement with reality television and its modes of production. Somehow we need to find a way to savour, once again, the non-mimetic aspects of art and to salvage our darkness from the glitter of the “normalising” popular media. References Baudrillard, Jean. The Mirror of Production. Trans. Mark Poster. New York: Telos, 1975. ———. Selected Writings. Ed. Mark Poster. California: Stanford UP, 1988. Chatterjee, Partha. The Politics of the Governed: Reflections on Popular Politics in Most of the World. Delhi: Permanent Black, 2004. Foucault, Michel. Discipline and Punish: The Birth of the Prison. Trans. Alan Sheridan. New York: Vintage, 1995. Lukose, Ritty. “Consuming Globalization: Youth and Gender in Kerala, India.” Journal of Social History 38.4 (Summer 2005): 915-35. Meizel, Katherine. “Making the Dream a Reality (Show): The Celebration of Failure in American Idol.” Popular Music and Society 32.4 (Oct. 2009): 475-88. Rose, Randall L., and Stacy L. Wood. “Paradox and the Consumption of Authenticity through Reality Television.” Journal of Consumer Research 32 (Sep. 2005): 284-96.

This study investigates the problem of contemporary interpretations of the moral education question, as informed by rival moral-philosophical and epistemological traditions. In this study, the moral education question is taken to mean, ‘What educational form and content may best assist students in becoming ethically minded and morally good people?’ Accordingly, this necessitates a consideration of what is meant by morality and what are the central characteristics of the moral life (i.e. moral philosophical perspectives), as well as how such accounts of morality are seen to relate to the educational aims of knowledge and intellectual development (i.e. underlying epistemology).This study shows that current interpretations of moral education (as efforts to ‘teach values’) are predominantly informed by the ‘juridical ethical tradition,’which, in turn, is underpinned by a distinctive epistemology (or ‘Juridicalism’).The thesis proposes that Juridicalism is philosophically contestable because it leads to a partially distorted conception of the moral life and hence of moral education. Generally, by regarding the cognitive dimensions of moral thought and action as separate from and independent of the emotional-volitional dimensions, Juridicalism is an obstacle to understanding the proper moral educational task of schools. Notably, Juridicalism leads to a questionable emphasis on the importance of ‘values’, as expressed in generally agreed rules and principles, as opposed to particular and substantive moral judgements.A critique of Juridicalism is developed, focussing on its underlying conception of human reason as inspired by a distinctly Modern mind-body/world dualism argue that the fragmented and reductive epistemology of Juridicalism signals the need for a richer and more variegated theory of cognition, marked specifically by an integrated anthropology and substantive theory of reason. Further, such an epistemology is located in the realist philosophy of classical antiquity particularly within the Aristotelian tradition. I propose a defence of what I call ‘Classical Realism’, in contrast to Juridicalism, highlighting its distinctively integrated account of the mind/soul and body/world relationship, and substantive conception of practical rationality or moral understanding. Classical Realism also makes central the notion of knowledge as ‘vision’ in order to explain how the rational and affective dimensions of human nature come together in moral thought and action. Finally, the moral education question is reconsidered in light of the visional ethical perspective emerging from Classical Realism. In this light I interpret the moral education question as a matter of nurturing the (intellectual) capacity for and habit of correct vision and, relatedly, moral judgement. Further, this task is shown to be vitally connected with the school’s focus on developing knowledge and the intellect through the teaching of traditional academic and practical disciplines. Some initial comments are made concerning the pedagogical implications of such an interpretation, while some associated challenges and questions for further research are highlighted.

This chapter moves from the second to third part of the book and from the biopolitical model to the bio-juridical one. The fundamental problem with the two paradigms outlined up to this point is that they set up a binary opposition between those thinkers that affirm the relationship between sovereign violence and the juridical order and those that affirm its relationship to life. The chapter focuses on Jacques Derrida’s analysis of the sovereign violence inherent in the death penalty to show that he claims that sovereign violence is not simply orientated to juridical legal order or the regulation of life through the creation of social norms, but simultaneously expresses itself through two faces—the juridical and biopolitical, or law and life—wherein the one demands and expresses the other: the juridical expression of sovereignty regulates life, whereas the sovereign’s regulation of life (and death) always takes a juridical form.