Articoli di riviste sul tema "Lays – history and criticism"
Segui questo link per vedere altri tipi di pubblicazioni sul tema: Lays – history and criticism.
Cita una fonte nei formati APA, MLA, Chicago, Harvard e in molti altri stili
Vedi i top-50 articoli di riviste per l'attività di ricerca sul tema "Lays – history and criticism".
Accanto a ogni fonte nell'elenco di riferimenti c'è un pulsante "Aggiungi alla bibliografia". Premilo e genereremo automaticamente la citazione bibliografica dell'opera scelta nello stile citazionale di cui hai bisogno: APA, MLA, Harvard, Chicago, Vancouver ecc.
Puoi anche scaricare il testo completo della pubblicazione scientifica nel formato .pdf e leggere online l'abstract (il sommario) dell'opera se è presente nei metadati.
Vedi gli articoli di riviste di molte aree scientifiche e compila una bibliografia corretta.
1
JOSEPH T. EKONG, REV FR, e O.P. "Hume's Critique of Locke’s Variant Of "Social Contract Theory”: A Ratiocinative Assessment". International Journal of Scientific and Management Research 05, n. 07 (2022): 98–109. http://dx.doi.org/10.37502/ijsmr.2022.5709.
Testo completoAbstract (sommario):
David Hume (1711-1776) has long been considered a severe denunciator of 'social contract theory', and this interpretation has implicitly premised a perspective that lays heavy weight on the importance of social contract in the history of political thought. This work presents Hume's critique of the Lockean version of the social contract, and identifies the issues responsible for such criticism. In Book 3 of Hume's Treatise on Human Nature (henceforth T), Hume displays his systematic criticism of social contract theory. Hume did not consider social contract theory as an important trend in the history of political thought. One of his points was that 'social contract theory' was quite new, strange and 'heterodoxical' in politics. This work offers an appraisal of Hume’s stance on the Lockean variant of “Social Contract Theory” and proposes a more judicious textual reading of his contributions in this regard.
2
Brandmayr, Federico. "Social science as apologia". European Journal of Social Theory 24, n. 3 (17 febbraio 2021): 319–37. http://dx.doi.org/10.1177/1368431021990965.
Testo completoAbstract (sommario):
The social sciences are predominantly seen by their practitioners as critical endeavours, which should inform criticism of harmful institutions, beliefs and practices. Accordingly, political attacks on the social sciences are often interpreted as revealing an unwillingness to accept criticism and an acquiescence with the status quo. But this dominant view of the political implications of social scientific knowledge misses the fact that people can also be outraged by what they see as its apologetic potential, namely that it provides excuses or justifications for people doing bad things, preventing them from being rightfully blamed and punished. This introduction to the special issue sketches the long history of debates about the exculpatory and justificatory consequences of social science and lays the foundations for a theory of social scientific apologia by examining three main aspects: what social and cognitive processes motivate this type of accusation, how social theorists respond to it and whether different contexts of circulation of ideas affect how these controversies unfold.
3
Golovin, Y. B. "P.B. Struve and G.V. Plekhanov: history of a certain polemics". Izvestiya MGTU MAMI 7, n. 4-2 (20 aprile 2013): 19–29. http://dx.doi.org/10.17816/2074-0530-67948.
Testo completoAbstract (sommario):
The article is dedicated to a controversy between P.B. Struve and G.V. Plekhanov (the late XIX, early XX centuries) on the major problems of Marxist theory: the possibility and necessity of socialism, the theory of impoverishment of the proletariat, Marxist formula of controversy, the theory of social revolution, the laws of dialectics. The authors prove the validity of the Struve’s arguments in his criticism of the foundations of Marxism.
4
Napitupulu, Pieter Anggiat, Agus Santoso e Bobby Kurnia Putrawan. "Rereading qahal as Deuteronomist history works: Literal and ideological criticism approach". KURIOS 8, n. 1 (30 aprile 2022): 163. http://dx.doi.org/10.30995/kur.v8i1.287.
Testo completoAbstract (sommario):
Some biblical scholars understand Deuteronomy to be the end of the Pentateuch. Before the nation of Israel became a confederate system, the socio-political reality could usually be seen in the composition, interaction, and behavior of relationships in society, which were assumed to be political elements. The Israeli confederation which is like the ambition centered on Yahweh is what the author refers to as Israel's "Qahal". Martin Noth explains Qahal Israel in Deuteronomist Historical Works, which began with a period of wandering under the leadership of Musa, then became an immigrant in the Land of Canaan, followed by Saul's leadership where Israel asked the king to directly lead the Israelites. In the leadership of David and Solomon, which originally had 12 tribes, eventually split into two nations. With this monarchical system, God hates, because he does not reject God as the government in their life. The purpose of this study was to find the location of the Deuteronomy and Eating Qahal books in the book of laws. The research method uses critical research with a study of literature and ideological sources using Martin Noth's theory which is an early thesis in Deuteronomic History Works. The novelty of this research is the existence of a new meaning where the main message of Deuteronomic history works, namely Israel is forced to turn to God, confess His sins, and return to submit and obey His word because they have been chosen to be God's people (2 Ki 17:13).
5
Walker, Marsha. "History and Overview of Breast Pumps and Expressed Breastmilk". Clinical Lactation 14, n. 4 (1 novembre 2023): 161–70. http://dx.doi.org/10.1891/cl-2023-0032.
Testo completoAbstract (sommario):
Objective:Breast pumps have been seen since antiquity and have become a ubiquitous part of breastfeeding. Breast pumps are used for numerous reasons and have become incorporated into law and regulations in the United States. Breast pumps have allowed breastfeeding and lactation to proceed both under normal conditions and with significant challenges. However, the rapid proliferation of breast pumps and their heavy promotion have prompted social criticism regarding whether pumps have displaced the promotion of direct breastfeeding and deflected addressing more pressing social issues such as greater investment in breastfeeding promotion and care and the creation of a national paid family leave policy.Methods:This survey of the history of breast pumps and accompanying concerns utilized historical and current references, U.S. patents, and perusal of government laws and regulations.Results:This history of breast pumps and accompanying concerns highlights the progression of breast pump technology, exposes social criticism of breast pumps, discusses alterations in expressed milk composition, and raises the possibility of altered infant health outcomes from consuming pumped breastmilk.Conclusions:Breast pump use is a necessity for many families and should be balanced against the potential of interfering with the breastfeeding relationship.
6
Krotov, Artem A. "The Method of Search and Analysis of Oppositions as the Basis of Historical Systematization of Philosophy (about the Concept of Charles Renouvier)". History of Philosophy 27, n. 2 (10 novembre 2022): 5–15. http://dx.doi.org/10.21146/2074-5869-2022-27-2-5-15.
Testo completoAbstract (sommario):
The article analyzes the features of understanding of the history of philosophical process by the leading representative of French Neo-Kantianism. The binary scheme, thoroughly substantiated by Renоuvier in the “Sketch of the Systematic Classification of Philosophical Doctrines”, was a certain result of his previous creative way. In the “Textbook of Philosophy of the New Age”, he, highlighting the pantheism–idealism dilemma, expresses his sympathies for eclecticism. In the “Textbook of Ancient Philosophy”, he advocates giving philosophy a scientific character by combining the laws of reason and history. In “Experiences of General Criticism” he builds a system of neo-criticism, identifying phenomena with reality. Finally, the “Sketch” presents an attempt at an objective consideration of the history of philosophy. Renоuvier identifies six oppositions passing through the entire history of thought (thing–consciousness, infinite–finite, evolution–creation, necessity–freedom, happiness–duty, evidence–belief). The strength of his method is the desire to make a choice between opposing trends, taking into account intellectual motives, passions, practical inducements of varying degrees of community. But both elements of reductionism and unfounded optimism about the lack of influence of all kinds of systems on his own constructions are present in his approach.
7
Matayeva, Assyl. "RESEARCH OF MODERN KAZAKH LITERARY CRITICISM". Bulletin of the Eurasian Humanities Institute, Philology Series, n. 4 (30 dicembre 2023): 207–19. http://dx.doi.org/10.55808/1999-4214.2023-4.14.
Testo completoAbstract (sommario):
Literary criticism is one of the most important and complex parts of literature, closely related to history and the theory of literature. It defines the nature of verbal art, the relationship and aesthetic peculiarities between the reality of life and artistic reality. It is aimed to evaluate literary heritage, artistic works in terms of the requirements of today. Literary criticism mainly considers contemporary literary trends, its development, writers and their work from a modern point of view. Since it defines the ideological power and aesthetic qualities of a literary work, literary criticism is based on the challenges facing the development of a society, differentiating it from the heights of human values. One of the topical issues of modern Kazakh literary scienceis the analysis of the current state, development directions, shortcomings and achievements of literary criticism, the study of features, the study of internal laws. It is awell known fact that the Kazakh literary criticism has passed various stages and is based on the best experience of world literature and sets up ts own scientific conclusions and positions. Scientific principles of literary criticism are interconnected with new methods of semiotics, structuralism, postmodernism in modern Kazakh literary science. Contemporary literary criticism focuses on receptive aesthetics and aesthetic categories. Comprehensive understanding of new directions has determined the goals and objectives of our research work. In this connection, the article has covered issues of generalization, analysis, comparisons, study of critical views, new searches, scientific works, critical views of modern Kazakh literary critics. The review of new approaches to the study of Kazakh literary criticism was conducted as well. Having conducted the analysis of significant research works of foreign and domestic researchers, the role in the literature has been determined. As a result of a comprehensive analysis, the article has presented its findings.
8
Yonezawa, Shigeru. "Socrates and Democracy". Polis: The Journal for Ancient Greek Political Thought 18, n. 1-2 (2001): 91–105. http://dx.doi.org/10.1163/20512996-90000033.
Testo completoAbstract (sommario):
The aim of this paper is to reveal Socrates as a thorough democrat. In the first section, I will disprove the credibility of Xenophon’s Memorabilia, a common source for scholars who view Socrates as an antidemocratic thinker. I will then argue, in the second section, that the views of a few scholars who portray Socrates as a prodemocratic thinker represent a far-from-satisfactory depiction of his political views. In the third section, I will then demonstrate that Socrates’ criticism of democracy is not of democracy itself nor of Athenian laws, but instead a criticism of a particular sort of democracy seen in the period of Athenian imperialism, and that it derives from his fundamental recognition of human ignorance. After pointing out Socrates’ special preference for the democratic laws of Athens, seen in the Crito, I will establish, in the fourth section, a preference in his philosophy showing him as a staunch democrat who upheld the concept of the rule of law.
9
Riady, Fahmi. "Nama-Nama Alternatif dalam Isnad Menurut Joseph Schacht". Mashdar: Jurnal Studi Al-Qur'an dan Hadis 3, n. 2 (2 gennaio 2022): 31–56. http://dx.doi.org/10.15548/mashdar.v3i2.2938.
Testo completoAbstract (sommario):
Criticism of Joseph Schacht's hadith thought does not automatically undermine his theories. Even if examined further, these criticisms can be countered with a detailed and complete reading of Schacht's work. Therefore, in this article, the author tries to reveal further Schacht's theory about the arbitrarily backwards isnad which has implications for the emergence of alternative names. The unit of analysis of this article is the work of Schacht: The Origins of Muhammadan Jurisprudence. The aspects studied are: 1). arbitrarily backward isnād projection; and 2). Alternative names in isnād. In this article the author uses a descriptive qualitative approach with the documentary method. The data collected was then analyzed using the historical and critical isnad methods. The result of this study is that in the history of the development of legal doctrine, the starting point of Islamic jurisprudence was from the late period of the Umayyad dynasty (132 H.). At this time isnād began to be used. The ancient schools of law made living traditions the source of their laws. Each generation in the Islamic region (Iraq, Hijaz, and Syria) has an agreed legal doctrine. Initially this doctrine was general in nature, only representing the opinion of the group (anonymous). But since the decades of the second century, the legal doctrines of the living tradition have been projected onto the great figures of the past who can be chosen at random. This projection then generates alternative names that can be used interchangeably. In this section, in particular, the quality of criticism of Schacht's hadith thinking can be seen.
10
Čiočytė, Dalia. "Professor Vanda Zaborskaitė: Why Classic?" Literatūra 65, n. 1 (12 dicembre 2023): 8–22. http://dx.doi.org/10.15388/litera.2023.65.1.1.
Testo completoAbstract (sommario):
Vanda Zaborskaitė (1922–2010) was a famous literary critic and the author of a fundamental monograph about the prominent Lithuanian poet Jonas Mačiulis-Maironis (Maironis, 1968, 1987). Vanda Zaborskaitė wrote during the period of Soviet occupation, when Marxist criticism was obligatory. She used the sociological method as interpreted by Marxism, but she never accepted its philosophical determinism. She considered it important to put a literary work in the contextual frame of the literary history; however, she did not accept the view according to which literature is ruled by the laws of the social and cultural history. The philosophical position of Vanda Zaborskaitė was modernisation of the classical literary criticism, which is a tradition of the literary study sourced from the times of Aristotle’s Poetics. A characteristic of this tradition is reliance on the deep ordered structures observed in literary works. Vanda Zaborskaitė investigated such deep literary structures (images and their constellations) as codes of individual artistic self-awareness. In the opinion of the researcher, the pinnacles of literary art are those works which, by employing aesthetic persuasion, interpret the classical ideas of the Western world: the ideas of the absolute value of the personality, freedom, and the primate of the spirit. Professor Vanda Zaborskaitė researched the Lithuanian classic authors during the years of Soviet occupation, and did this in such a way that her works promoted the classical literature along with the classical values.
11
Aleksandrov, V. B. "On the Possibility of Scientific Socialism. S. N. Bulgakov vs K. Marx". Administrative Consulting, n. 8 (5 settembre 2023): 96–104. http://dx.doi.org/10.22394/1726-1139-2023-8-96-104.
Testo completoAbstract (sommario):
The article deals with criticism by the great Russian philosopher S. N. Bulgakov’s ideas of scientific socialism in his major work “Philosophy of Economics”. Attention is drawn to the fact that Bulgakov’s philosophical basis for this criticism is an indication of the primacy of the theme of justice in a socialist society, which is rationalized in the theory of scientific socialism. Bulgakov shows that in the very history of Marxism, the focus on justice predetermines the desire to build a theory of scientific socialism. Another topic discussed by the philosopher in the framework of his criticism of the idea of scientific socialism is the illegitimacy of Marxism’s assertion about the existence of laws of a natural historical type, in accordance with which the development of society as a whole takes place and which are considered in Marxism as the basis for the possibility of scientific substantiation of the inevitable onset of a future just society. . According to Bulgakov, the scientific nature of social policy is determined by relying not on such laws, but on statistical generalizations, a kind of empirical patterns that express the development trends of certain aspects of social life in specific conditions and in a specific historical period. Another subject of Bulgakov’s criticism is the desire to talk about the development of society as a whole. Scientific research, in his opinion, should be specific and deal with specific aspects of public life. The whole cannot be the subject of scientific research. The article draws attention to the similarity of Bulgakov’s views to the views of K. Popper, set forth by him a quarter of a century after the Russian philosopher in his work “The Poverty of Historicism”. Popper criticizes historicism, by which he understands the concept of the natural development of society as a whole, which inevitably turns into utopianism. Attempts to talk about society as a whole and try to transform it as a whole, he defines as holism, which he contrasts with “partial engineering”. The author of the article notes that the views of these two thinkers, which reveal an undoubted similarity, deserve to be presented in modern discussions about the possibility of social prediction.
12
Trelawny-Cassity, Lewis. "Tēn Tou Aristou Doxan: On the Theory and Practice of Punishment in Plato’s Laws". Polis: The Journal for Ancient Greek Political Thought 27, n. 2 (2010): 222–39. http://dx.doi.org/10.1163/20512996-90000168.
Testo completoAbstract (sommario):
The penal code of the Laws has attracted scholarly attention because it appears to advance a coherent theory of punishment. The Laws’ suggestion that legislation follow the model of ‘free doctors’, as well as its discussion of the Socratic paradox, leads one to expect a theory of punishment that recommends kolasis and nouthetēsis rather than timōria In practice, however, the Laws makes use of the language of timōria and categorizes some crimes as voluntary. While the Laws provides a searching criticism of contemporary Greek penal practices rooted in anger and retribution, Kleinias’ dramatic participation in the discussion forces the qualified inclusion of these common beliefs.While the Laws provides a philosophic intervention intended to reform the injustices of contemporary penal practices, it ultimately suggests that educated doxa, not theoretical completeness, is the proper standard for establishing a workable penal code.
13
Kleinod-Freudenberg, Michael, e Sypha Chanthavong. "Spirits with Morality: Social Criticism and Notions of a Good Life in Laos through the Bangbot Imaginary". positions 32, n. 1 (28 novembre 2023): 191–208. http://dx.doi.org/10.1215/10679847-10890049.
Testo completoAbstract (sommario):
Abstract This article approaches notions of a good life in Laos via the imaginary of the bangbot (literally: “hidden in the shade,” i.e., “invisible”), a benevolent forest spirit of high moral integrity. The bangbot live in observance of the monastic precepts of Lao Buddhism deep in the jungle, far from human settlements, tying morality to undisturbed, remote forests. The article argues that this connection of morality with deep forest enables criticism and narratives about the good life at a time when “turning land into capital” is materializing in rapid deforestation. We suggest that the potential of this imaginary for socioecological criticism and alternative visions depends on social structure and historical context. While bangbot were instrumental in violent anti-colonial revolt, lending political legitimacy to rural ethnic elites, in today's context of frontier plunder vs. conservation, they are tamed to lend legitimacy to emerging urban milieus with a socioecological orientation. Thus the cultural, sociological, and ecological dynamics of Lao's late socialism are entangled in the spirit-figure of the bangbot.
14
Emsley, Clive. "‘Mother, what did policemen do when there weren't any motors?’ The law, the police and the regulation of motor traffic in England, 1900–1939". Historical Journal 36, n. 2 (giugno 1993): 357–81. http://dx.doi.org/10.1017/s0018246x00019270.
Testo completoAbstract (sommario):
ABSTRACTThe law had always been deployed by the police to regulate traffic, but the development of motor vehicles, travelling at much greater speeds than previous road traffic, constituted a problem of a new dimension. By the early 1920s the use of the law to control motor vehicles was jamming the magistrates' courts and creating friction, hitherto unknown, between the police and the middle classes. The paper explores the way in which, and the extent to which, the criminal law was used to control the motorist in the first third of the twentieth century. It takes issue with the whiggish view of law making, which understands laws as logical remedies for readily identifiable problems; it rejects equally the idea of seeing laws as inspired by class interest. Rather the motor traffic legislation fits better with the concept of the ‘policeman state’ which, according to V. A. C. Gatrell, developed from the late nineteenth century. At the same time the paper suggests that a scapegoat – ‘the road hog’ – was created as the focus for criticism in much the same way that other criminal scapegoats have been established; the offender thus ceased to be a member of society and became an outsider, threatening respectable law-abiding citizens.
15
Silaban, Muhammad Rizky. "Ulil Abshar Abdalla's Criticism of the Caliphate Concept of Hizbut Tahrir in Indonesia". Islamic Thought Review 1, n. 1 (30 giugno 2023): 33. http://dx.doi.org/10.30983/itr.v1i1.6411.
Testo completoAbstract (sommario):
<p>The polemic in discussing the concept of the caliphate has always been a never-ending debate. The Hizbut Tahrir Indonesia group is one of the leading forces that continuously promotes the caliphate, a system that some Islamic groups claim is the only solution to the problem of civilization, in which Muslim society is considered the main force in the glorious history of Islam. This qualitative literature study discusses the discourse of thought and criticism of understanding the Khilāfah a la Hizbut Tahrir concept. This study shows Ulil Abshar Abdalla's criticism of Hizbut Tahrir Indonesia's interpretation of leaders who must take conventional actions or allegiance; according to him, matters that are no longer relevant because matters of leadership are not regulated in detail in religion but social laws that apply depending on the conditions of society. Hizbut Tahrir Indonesia's understanding is a bad idea because it is considered an act of manipulating arguments and claims on things considered wrong. Their concept has a bad influence, triggering a wider internal conflict and the decline of the people, on the other hand. Islam does not want the existence of a state because, basically, Islam only regulates fundamental values in society.</p>
16
Lushnikov, Andrey M. "Legal and economic thought in retrospect: a new facet of intellectual history". Vestnik Yaroslavskogo gosudarstvennogo universiteta im. P. G. Demidova. Seriya gumanitarnye nauki 15, n. 2 (11 giugno 2021): 194. http://dx.doi.org/10.18255/1996-5648-2021-2-194-201.
Testo completoAbstract (sommario):
This article examines such a little-studied problem as the interaction of legal and economic thought in retrospect. New approaches to the study of this interaction are outlined. The research is based on historical, systemic and structural and comparative legal scientific methods. The author substantiatedly asserts about the chronological primacy of legal research, in connection with which the appeal to the study of economics was of a subordinate nature. It is noted that the research of that period was mainly of a normative nature, since their authors wanted to define a model of behavior in the field of economics, which would correspond to the ideals of natural law. Special attention is paid to the modern problems of interaction between legal and economic thought. In this regard, «economic imperialism» is subjected to well-reasoned criticism, according to which the laws of the economy apply to all spheres of social life. It is concluded that the study of the interaction of legal and economic thought in retrospect makes it possible not only to better understand the processes taking place in the past, but also to consider the directions of solutions to modern problems facing the legal and economic sciences.
17
Di Vizio, Tessa. "Rewriting the Past to Right the Present". Living Histories: A Past Studies Journal 1 (6 giugno 2022): 67–76. http://dx.doi.org/10.24908/lhps.v1i1.15555.
Testo completoAbstract (sommario):
In this paper, I argue that the current Hungarian and Polish governments—Fidesz and the Law and Justice (PiS) parties, respectively—engage in historical revisionism to legitimize their illiberal regimes. They act as “mnemonic warriors” by mobilizing, or weaponizing, history for their political gain. They rebuke international criticism of their democratic backsliding, erosion of the rule of law, and media censorship by emphasizing their role as defenders of the nation. Specifically, Viktor Orbán and Jarosław Kaczyński seek legitimacy by grounding their historical interpretations in wartime resistance movements. They continually praise these wartime figures for fighting valiantly to defend their nations from foreign attacks and try to position themselves as their successors, striving to extend these historical narratives of heroism and struggle to their current fight against European Union elites, who criticize their democratic backsliding and illiberalism. In this paper, I will discuss how Orbán and Kaczyński try to revise the official and popular memory of their nations’ experiences in both the Second World War and Revolutions of 1989. I analyze specific monuments, museums, and laws implemented by each regime and compare and contrast their historical revisionism efforts—namely, victimization in Hungary and heroism in Poland—within their current political context to show how they mobilize their historical narratives in their fight against EU elites.
18
Libson, Ayelet Hoffmann. "In the Shadow of Doubt: Expertise, Knowledge, and Systematization in Rabbinic Purity Laws". AJS Review 44, n. 1 (31 gennaio 2020): 99–118. http://dx.doi.org/10.1017/s0364009419000904.
Testo completoAbstract (sommario):
AbstractThis article revisits rabbinic laws of menstrual impurity by comparing them to the parallel laws of male impurity. The prevailing scholarly paradigm has examined menstrual purity laws through the lens of cultural criticism and gender analysis, demonstrating that the sages molded the legal discourse of this field to construct their own authority vis-à-vis the women they describe. By contrast, this article argues that a comparison of menstrual impurity laws with the laws of male impurities discloses substantial parallels that have not been sufficiently explored. This comparison demonstrates that the rabbis developed similar legal categories for both men and women, revealing more about their systematic legal thinking than about their gender economy. Tracing the development of both male and female impurities through rabbinic sources thus has the potential to uncover not only the gendered constructions engaged by the rabbis, but also fundamental rabbinic ideas about the body, legal knowledge, and rabbinic expertise.
19
Ndede,, Lencer Achieng’, Simon Peter Otieno e Miriam Musonye. "Film as an Artefact". Journal of African Theatre, Film and Media Discourse 1, n. 1 (12 febbraio 2020): 57–72. http://dx.doi.org/10.33886/kujat.v1i1.126.
Testo completoAbstract (sommario):
Films are important sites to access materials about a community's history and heritage. This paper, from an Afrocentric point of view and guided by post-colonial literary criticism, interrogates the two films; Nairobi Half Life and The Kitchen Toto with a view to establish the extent to which filmic representations can reflect the society. It looks at how the forces that were /are present in colonial and post-colonial Kenya have been developed in the two films. The paper, specifically looks at the issues of governance and identity in the Kenyan society and focuses on how the forces present in the colonial and post-colonial Kenyan government divided people in terms of ‘us’ and the ‘other’ (colonizer-colonized in The Kitchen Toto and haves and have-nots in Nairobi Half Life) with the process of ‘othering’ resulting into alienation and loss of identity. It traces the protagonists’ conscious struggle and move to relocate themselves from the strictures and imprisoning experiences of ‘othering’, appraising the protagonist’s denial of this alienation in his acceptance of homecoming. Thus the issue the study tackles is that of Kenyans loss, the subsequent alienation from their culture and their own selves and the struggle to reclaim these selves once the realization of that loss is made. The paper lays bare social issues such as how socio-economic issues can contribute to one becoming a criminal; in Nairobi Half Life, and how a specific class/group of people in the society can be ‘criminalized’ in The Kitchen Toto. The conclusion reveals that the protagonists find their identity and fulfilment in the totality of their religions, culture ancestral heritage and a sense of belonging. The paper is based on the argument that films mirror the society.
20
Byrskog, Samuel. "The Eyewitnesses as Interpreters of the Past: Reflections on Richard Bauckham's, Jesus and the Eyewitnesses". Journal for the Study of the Historical Jesus 6, n. 2 (2008): 157–68. http://dx.doi.org/10.1163/174551908x349653.
Testo completoAbstract (sommario):
AbstractRichard Bauckham's Jesus and the Eyewitnesses is a remarkable achievement which rightly places the role of eyewitnesses in early Christianity on the international scholarly agenda and points to its historical and theological significance. Just as Bauckham has previously challenged form criticism on its uncritical reference to Gospels communities, he has now decisively undermined the romantic idea of the existence of creative collectives determined by impersonal laws of how tradition originates and develops. The present essay questions his confident use of the names mentioned in the Gospels and asks for clarification as to the precise relationship between eyewitnesses and history and the nature of their recollection. It also points to and exemplifies the rhetorical character of the Gospel of Mark as an indication of how reports about the past were interpreted, rhetoricized, and narrativized and asks how precisely to account for the infl uence of eyewitnesses when they were not longer present in the transmitting groups and the Christian communities.
21
Leka, Adrian. "Defamation Laws and Practice in the Age of Internet in Albania". European Journal of Interdisciplinary Studies 4, n. 3 (29 novembre 2018): 61. http://dx.doi.org/10.26417/ejis.v4i3.p61-67.
Testo completoAbstract (sommario):
The picture of recent legal developments concerning defamation in Albania is mixed. On the one hand, several criminal defamation and insult statuteshave been abolishedsince 2012, following strong lobbying of human rights organizations. On the other, the application of criminal defamation laws has not stopped, while government officials and other high profile persons have discovered the power of civil defamation claims. Faced with intense criticism, the government has tried to re-introduce the abolished criminal defamation laws and has faced the same strong opposition and international outcry. In the meantime, defamation claims or threats thereof are routinely being used against the media or against the political opponent for the only purposes of creating tension and diffusing the attention of the public. The vagueness of the laws and the inconsistencies of judicial interpretation, helped in no little measure by judicial corruption and the political control of the judiciary, have widened the gap between constitutional and international guarantees of the freedom of speech and the actual enforcement of those guarantees. This article will briefly expose the history of defamation laws in Albania, the difficulties of their application, and the status of affairs concerning defamation laws and claims.
22
Elsaghe, Yahya. "Penelope’s Crossword". boundary 2 47, n. 3 (1 agosto 2020): 85–101. http://dx.doi.org/10.1215/01903659-8524420.
Testo completoAbstract (sommario):
Why does W. G. Sebald’s Austerlitz escape from the laws of fictionality and factuality? How do so many of the people and place names inside of it start so improbably with the letter A? Why do so many iterations of A—as initials, as markings, or as individual letters—appear somewhat frequently and prominently? Why does the return of the repressed coincide with the completion of a crossword puzzle taking place in a used bookstore? Why is the puzzle located in the Telegraph? Why, of all people, is the owner of the bookstore named Penelope? What role do the bookstores, museums, and libraries play? Finally, what is the question that Sebald’s Austerlitz is supposed to answer? To answer these questions, a historically problematized rereading of the text is necessary. In terms of the History of Ideas, these questions recall Walter Benjamin’s interpretation of Proust and his Arcades Project; in terms of cultural history, the rise of the crossword puzzle; and in terms of the sources behind Austerlitz, a book and a radio program that have been either ignored or underappreciated in the criticism.
23
Shalygina, O. V. "Time and space in the motor aesthetics of A. Volynsky". Solov’evskie issledovaniya, n. 4 (15 dicembre 2019): 100–113. http://dx.doi.org/10.17588/2076-9210.2019.4.100-113.
Testo completoAbstract (sommario):
The article describes the original aesthetic and philosophical concept – the motor aesthetics of Akim Volynsky. Volynsky uses the concept of «motor aesthetics» in the Kniga likovanii, describing the value of circular lines for the «all aesthetics, visual, sound and motor», and particularly pirouette for motor aesthetics. The term «motor aesthetics of Akim Volynsky» is used in this article for the first time and is studied by the author from an interdisciplinary perspective. Motor aesthetics is developed by Volynsky for plastic art as a language of description of classical ballet, he introduces the basic concepts, formulates the laws, defines the basic philosophical categories that underlie it. The importance of Volynsky's work on the formation of the language of classical ballet description is recognized in the professional environment and theater criticism. The study of the motor aesthetics of Akim Volynsky is relevant in connection with the study of the philosophical foundations of intermedial analysis. The article deals with the problem of time and space in the motor aesthetics of Akim Volynsky for the first time. The direct connection of Volynsky's later works on ballet with his early article on Kant is revealed, the conclusion about the originality of Volynsky's philosophical position in relation to the categories of time and space is made. Using the thesaurus of Kant's transcendental aesthetics, Volynsky defines the two-act structural relationship of time and space according to the «par coupe» (fr) principle, which he regards as universal. It was concluded of Volynsky's motorial aesthetics value not only in the history of classical ballet and theatre criticism, the history of of the Russian literature and philosophy of the late 19th - early 20th century, but also in the modern philosophical anthropology and ontology.
24
Marchand, Stéphane. "Pyrrhonism and the Value of Law". Polis: The Journal for Ancient Greek and Roman Political Thought 38, n. 3 (9 settembre 2021): 573–87. http://dx.doi.org/10.1163/20512996-12340351.
Testo completoAbstract (sommario):
Abstract The aim of this paper is to determine how a Pyrrhonian (as she/he is described by Sextus Empiricus) considers the Law and can respond to Aristocles’ objection that a Pyrrhonian is unable to obey laws. First (1), we analyze the function of the Law in the 10th Mode of Aenesidemus, in order to show laws as a dogmatic source of value. But (2) Sextus shows also that the Sceptic can live in a human society by following laws and customs, according to so-called ‘sceptical conformism’. In the light of Pyrrhonian Hypotyposes (Pyr.) 1.23–24 and Against the Mathematicians (Math.) 11.162–164, I discuss the validity of the label ‘conformism’ in order to understand the nature of the political effect of the suspension of judgement. (3) The real nature of the political position of Pyrrhonian Scepticism – that lack of commitment does not mean indifference to politics but rather a criticism of fanaticism and praise for political cautiousness – appears by comparison with the Scepticism of the New Academy.
25
Lvoff, Basil. "Russian Formalism as Journalistic Scholarship; or, When Criticism Recognized Itself as a Genre". Linguistic Frontiers 6, n. 1 (1 giugno 2023): 34–45. http://dx.doi.org/10.2478/lf-2023-0002.
Testo completoAbstract (sommario):
Abstract This article argues that Viktor Shklovsky and his allies’ theory cannot be duly appreciated and understood without accounting for their engagement in journalism. The latter was both practiced and theorized by Shklovsky’s group of the Russian Formalists, which stood out as a then rare combination of rigorous theory and extreme performativity. Accordingly, there was disagreement among the Formalists of Shklovsky’s group. On one hand, they did not want the kind of criticism that is published in periodicals and holds sway over contemporary writers to be naïve banter—the Formalists would rather criticism recognize the literariness of literature and hew to the patterns and laws they discovered. On the other hand, the Formalists applied these literary patterns to their own writing, creative or not, which is why Shklovsky wrote that he was both a fish zoologist and a fish. Hence the Formalists’ desire to make their scholarship and criticism performative. The conflict between rigor and performativity could be resolved only in a periodical, and while the Formalists, as this article explains, had a problem with issuing one fully of their own, Shklovsky’s literary magazine Petersburg was a short-lived exception. This magazine is as little studied as it is largely important—for both the history and theory of Russian Formalism, as well as journalism per se, which in 1920s Russia was recognized as a new modus vivendi of literature in the Formalists’ theory of factography (literatura fakta). The leading genre of factography was the feuilleton, and it is from this genre’s standpoint that the article analyzes Shklovsky’s Petersburg, and, in the second part, compares it with another literary magazine—the famous The Library for Reading, run by Osip Senkovsky, one of the prominent feuilletonists of the nineteenth century. The comparison of Shklovsky with Senkovsky as editors of these magazines makes it possible to appreciate both not as vivid exceptions but the very rule—a particular canon with its unique approach to culture that became relevant with the advent of fragmentation in our civilization and remains so to this day.
26
Bergsmark, Lars Petter Sødal, e Frida Ramsing. "Pathologizing the pathological and the place for grief: Reply to Brinkmann". Theory & Psychology 33, n. 6 (29 novembre 2023): 879–85. http://dx.doi.org/10.1177/09593543231200041.
Testo completoAbstract (sommario):
In this response, Lars Petter Sødal Bergsmark and Frida Ramsing address the arguments and criticism made by Svend Brinkmann (2023) concerning their carefully optimistic presentation of the psychiatrization of pathological grief in the article “Which Considerations Are Lost When Debating the Prolonged Grief Disorder Diagnosis?” (Bergsmark & Ramsing, 2023). Overall, they argue that Brinkmann (2023) presents intriguing perspectives on this controversial topic, but he does not capture the complex case of prolonged grief disorder adequately, partly because of faulty premises in his argument. Contrary to the perspective put forth by Brinkmann, the authors remark on the possibilities and promises of integrating critical cultural psychology with the developments in psychiatric nosology, and in conclusion provide three standpoints for the future of psychiatry.
27
Millstone, Noah. "Sir Robert Cotton, Manuscript Pamphleteering, and the Making of Jacobean Kingship during the Short Peace, ca. 1609–1613". Journal of British Studies 62, n. 1 (gennaio 2023): 134–60. http://dx.doi.org/10.1017/jbr.2022.175.
Testo completoAbstract (sommario):
AbstractThis article concerns two manuscript tracts by Sir Robert Cotton, the Answer to Certain Military Men regarding Foreign War (1609) and Twenty-Four Arguments on the Strict Execution of the Laws against Seminary Priests (1613). To the limited extent that these tracts have been studied at all, historians have read them as artifacts of the Jacobean regime's internal counseling process. Through analysis of the both the structure of the Jacobean regime's knowledge economy and the two tracts and contextualizing them, the author argues that these were, instead, innovative exercises in publicity, designed to defend existing Jacobean policy against so-called country criticism. Designed to circulate widely among the kingdom's social elite—indeed, more than two dozen handwritten copies of each tract survive—the manuscript pamphlets played on Cotton's reputation as an antiquary to legitimize the Jacobean regime's most controversial policies. More broadly, the tracts demonstrate the dilemma of a Jacobean regime caught between the geopolitics of peace and interconfessional diplomacy and the expectations of a domestic political elite nurtured on the values and expectations of confessional war.
28
Dwyer, Macdara. "Sir Isaac Newton’s enlightened chronologyand inter-denominational discoursein eighteenth-century Ireland". Irish Historical Studies 39, n. 154 (novembre 2014): 210–29. http://dx.doi.org/10.1017/s0021121400019064.
Testo completoAbstract (sommario):
In the advertisement prefacing Charles O’Conor’s Dissertations on the antient history of Ireland (1753), the editor challenged an unnamed gentleman who had, apparently, smeared the good name of the author. The editor, Michael Reily (who went under the cognomen ‘Civicus’) was intricately involved in this dispute from its early stages and did not spare any criticism for the individual he deemed responsible, Dr John Fergus, the erstwhile friend and associate of both Reily and O’Conor. ‘A Gentleman of great Reputation’ alleged Reily, had branded O’Conor with ‘the meanest Species of Immorality’. The dispute did not centre on some esoteric point of Irish mythology or any disagreement over issues of interpretation. It was not even, at least not in any direct way, a rift over political issues regarding the penal laws and the status of papists in the Irish polity, a tendency quite prevalent among the fissiparous Catholic organisations and pugilistic personalities of this period. Rather, it was wholly concerned with those most pertinent aspects of existence for an eighteenth century gentlemen – credit and honour. The disagreement was about Newton’s Chronology and its application to the Irish annalistic corpus as a means of validating the latter – not about the principle of its applicability, nor regarding the minutiae of dates or similar arcana, but to who should gain the credit for appropriating Newton’s prestige to such a particularly Irish topic.
29
Barilan, Y. M. "Terror and the Leviathan". Pragmatics and Cognition 23, n. 3 (31 dicembre 2016): 461–71. http://dx.doi.org/10.1075/pc.23.3.08bar.
Testo completoAbstract (sommario):
The article surveys the history of “terror” vis a vis the development of international humanitarian and human rights law. During the French Revolution, the word “terror” was coined to describe a deviation from the laws of war. Justified by a mixture of ideology and necessity. People who resort to terrorism either suspends or rejects the laws of war (jus in bellum) in the name of an alternative and heightened sense of truth. However, the terrorists’ strong sense of probity and mission is also an opening for re-establishing communication, arbitration and mitigation of cruelty and destruction. This paper represents International Humanitarian Law (IHL) as an “abstract Leviathan”, submission to which is the contemporary norm of pacification. From the perspective of radical terrorism, it is tyrannical. From other perspectives, it is open to criticism and change. Most importantly, it is on the side of rational arbitration rather than arbitrary ordeal. Even radical terrorism, which refuses to recognize the legitimacy of the abstract Leviathan, seeks to communicate its radical messages rather than to seek victory my means of physical annihilation of its opponents.
30
Nakata, Tomoko. "After dispossession: Shifting livelihoods and lives since the advent of a rubber plantation in southern Laos". Journal of Southeast Asian Studies 52, n. 3 (settembre 2021): 492–514. http://dx.doi.org/10.1017/s002246342100076x.
Testo completoAbstract (sommario):
The 2005 launch of a large-scale rubber plantation in Bachiang district, one of several in southern Laos, caused serious discontent among the local villagers whose traditional farming and foraging lands were seized and leased to a rubber company. This and other similar rubber developments based on land concessions in the south have drawn criticism from various quarters, including scholars and nongovernmental organisations. This study highlights how the locals’ views, livelihoods and lifestyles have been changing since the plantation was established, especially since rubber tapping began, and focuses on desires that may have directed their actions. Through an ethnographic approach tracing these changes over time, this study demonstrates that differentiation and diversification within the village have become increasingly apparent owing to both the recent shift to plantation work and other impacts and changes brought about by wider society.
31
Jafarul Musadad, Ahmad. "DINAMIKA PENDIDIKAN ISLAM PASCA KEMERDEKAAN DI INDONESIA". Thaqafiyyat : Jurnal Bahasa, Peradaban dan Informasi Islam 20, n. 1 (6 aprile 2021): 1. http://dx.doi.org/10.14421/thaq.2021.20101.
Testo completoAbstract (sommario):
Islamic education was originally a scientific base that first appeared in the archipelago (Nusantara). Pesantren is the oldest education recorded in history books, and at the same time has an important role in the development of Islamic education, no exception after Indonesia gained independence from the colonial reign. Although independence has been achieved, Indonesian education cannot be said to be smooth in its journey, in this case the following article will discuss the dynamics of post-independence Islamic Education related.Regarding the old order, Islamic education had existed before, and it was mostly pesantren, and public schools, but it was not yet neatly arranged, however in this period there were many laws and regulations related to policies, to carry out religious teaching. Then, entering the new order, education only focuses on formal education, while informal and Islamic education become stepchildren of the government. When entering the era of reform, a lot of Islamic education began to grow and develop into various teachings, one of them is madrasa as well as the education of Al-Qur'an and so on. This research uses the historical method which consists of four stages, namely heuristics (source gathering stage), external criticism (determining source authenticity) and internal criticism (determining source credibility), interpretation (analysis) of data, and historiography (writing process). The results of this study stated that post-independence Islamic education in Indonesia gave birth to ups and downs in policy and ended with the number of institutions that developed pesantren education, as the oldest educational system.
32
Alalaq, Ahmed. "History of the development of journalism in Iran 1819-1914 AD". Kufa Journal of Arts 1, n. 25 (18 gennaio 2016): 149–90. http://dx.doi.org/10.36317/kaj/2015/v1.i25.6301.
Testo completoAbstract (sommario):
The press and those in charge of it in Iran enjoyed a kind of relative freedom during the first phase of its life, that is, from the nineteenth century until the outbreak of the events of the constitutional movement in 1905 AD, when the country witnessed the issuance of the first newspaper with the efforts of the Iranian government and with the direct support and attribution of the Shah. Its articles have always been far from Direct criticism of the state's policy and the way it deals with the foreign presence in Iran. This paved the way for the sons of the educated elite who found in themselves the competence to issue a newspaper and magazine that represented at the time the inclinations of those in charge of it and expressed in one way or another the orientations of the Iranian street and its desire for liberation and emancipation. After the events of the Constitutional Movement in 1905 AD, the Iranian government's policy towards press freedoms changed, as a set of laws were issued that regulated the work of these newspapers, and everyone could no longer publish newspapers however they wanted, as strict control was placed on the work of these newspapers, especially in critical times that they had gone through Iran at that time. Not only that, but the state faced those who criticized it by arresting, imprisoning, and closing the offices of opposition newspapers. But despite that, the efforts of the intellectuals did not stop in this regard, on the contrary, it continued and witnessed the first period of the rule of Ahmad Shah Qajar 1909-1925 AD, the issuance of many newspapers and magazines of different orientations, the numbers of which reached hundreds
33
FAURE, Clémence. "Colonial Memories and the French Partisan Right: Preserving National Identity Through or Against Diversity (2002-2022)". Journal of European Integration History 29, n. 1 (2023): 71–88. http://dx.doi.org/10.5771/0947-9511-2023-1-71.
Testo completoAbstract (sommario):
Memorial issues have been one of the most important themes of the French presidential campaign of 2022. Éric Zemmour’s demand to abolish the memorial laws and Marine Le Pen’s and Valérie Pécresse’s criticism of the commemorations of the end of the Algerian War have made the relationship with the colonial past a polarising electoral issue. While the extreme right has exploited this theme since the 1960s, it is surprising that Valérie Précresse, a loyal supporter of Jacques Chirac, the great promoter of memorial reconciliation, has made anti-repentance one of her campaign themes. This article proposes to question this apparent rupture. It shows that it is the result of a process that began with the 2002 presidential elections. These elections led to a reopening of the debate on French identity thanks to a conflictualisation of the questions linked to colonial memories, leading the partisan right to fracture on cultural questions.
34
Astrianie, Yunie, Yeni Wijayanti e Egi Nurholis. "Nilai-Nilai Filosofis Simbol Galuh Kembang Cakra Rahayu Kancana". Jurnal Artefak 10, n. 2 (15 settembre 2023): 237. http://dx.doi.org/10.25157/ja.v10i2.12296.
Testo completoAbstract (sommario):
The Cakra Rahayu Kancana symbol is an identity for the Galuh community in Ciamis Regency with philosophical values. The purpose of this research is to find out about the history and philosophical values of the Galuh Kembang Cakra Rahayu Kancana symbol. The method used in this research is a historical method with heuristic, criticism (external and internal), interpretation, and historiography stages. The results showed that the history of the rahayu kancana symbol stems from the legacy of Maharaja Prabu Niskala Wastu Kancana (1371-1475 AD) and the heritage of R.A.A Koesoemadiningrat (1839-1886 AD) during the Sunda-Galuh kingdom. The Galuh Cakra Rahayu Kancana symbol (Kembang Chakra) is found on the Astana Gede Kawali Site in inscriptions I and VI, while in the legacy of R.A.A Koesoemadiningrat, the Chakra is found on a trident or three-pointed spear at the Galuh Pakuan Museum. The philosophical value in the Cakra Rahayu Kancana symbol is about the spirit of leadership values conveyed by previous kings in the Sundanese-Galuh Tatars that the leadership that must be implemented is not only in the form of laws but must be carried out. going out well according to Tritangtu (tekad, ucap jeung lampah) must be aligned and balanced.
35
Yashchuk, Tatyana F. "RSFSR Land Code of 1922 as the first codified act in the history of Russian land legislation". RUDN Journal of Law 26, n. 4 (15 dicembre 2022): 938–58. http://dx.doi.org/10.22363/2313-2337-2022-26-4-938-958.
Testo completoAbstract (sommario):
The RSFSR Land Code of 1922 (LC), adopted as part of the comprehensive codification of Soviet law in the 1920s, is in the focus of this article. The Land Code is looked at as the first codified act that forms the branch of Soviet land law, defining its subject, method, and parameters of further development. The article is based on extensive historiographical material, which is systematized by periods. In the 1920s the Code of Law was in full force, therefore, a doctrinal interpretation of its norms, and authors’ comments on the Code were published. Subsequently, the Land Code of 1922 was studied with the aim of understanding and gaining historical experience in the development of new land laws. The article uses normative legal acts of the Soviet period, published documents, and archival sources. Particular attention is paid to the LC draft preparation and its further development until legislative approval. The methodology includes the dialectical method, as well as comparative legal and formal legal methods. The LC is studied as a historical source of legal content; its external criticism is given. The impact on the content of the LC of social and political conditions of previously issued acts is revealed. It is determined that the Land Code reflects consistency and novelty of the Soviet land legislation. The level of consolidation and incorporation of previously tested norms is very high. The LC most noticeable gaps and the ways to overcome them are outlined.
36
Bobonich, Christopher. "Persuasion, Compulsion and Freedom in Plato's Laws". Classical Quarterly 41, n. 2 (dicembre 1991): 365–88. http://dx.doi.org/10.1017/s0009838800004547.
Testo completoAbstract (sommario):
One of the distinctions that Plato in the Laws stresses most heavily in his discussion of the proper relation between the individual citizen and the laws of the city is that between persuasion and compulsion. Law, Plato believes, should try to persuade rather than compel the citizens. Near the end of the fourth book of the Laws, the Athenian Stranger, Plato's spokesman in this dialogue, asks whether the lawgiver for their new city of Magnesia should in making laws ‘explain straightaway what must and must not be done, add the threat of a penalty, and turn to another law, without adding a single bit of encouragement or persuasion [παραμυθας δ κα πειθος … ἓν] to his legislative edicts’ (Laws 720a 1–2). A few lines later, the Athenian Stranger himself condemns such a procedure as ‘the worse and more savage alternative’ (τò χεῖρον τοῖν δυοῖν κα γριώτερον 720e4). The better method is for the laws themselves to try to persuade (πεθειν) the citizens to act in the manner that they prescribe. And as a means of doing this, Plato proposes attaching preludes (προομια) to particular laws and to the legal code as a whole: such preludes will supplement the sanctions attached to the laws and will aim at persuading the citizens to act in the way that the laws direct for reasons other than fear of the penalties attached to the law. Such a practice, Plato believes, is an innovation: it is something that no lawgiver has ever thought of doing before (722b–e). And we have no reason to think that Plato is here excluding his earlier self, e.g. the Plato of the Republic and the Politicus, from this criticism.
37
Mũrĩithi, Wairimũ. "Fragments Towards an Impossible (Domestic) Genre of the Human in Kenyan Crime Fiction". English in Africa 47, n. 3 (10 febbraio 2021): 99–119. http://dx.doi.org/10.4314/eia.v47i3.6s.
Testo completoAbstract (sommario):
Extrajudicial executions and other forms of police violence in Kenya have always been an issue of significant concern in local and international media and human rights organisations. Reflective of this, scholarly interest in crime fiction in Kenya has grown significantly in recent years. However, the gendered implications of criminality – from sex work to errant motherhood to alternative modes of investigation – are still largely overlooked in postcolonial literary fiction and criticism. As part of a larger study on how women writers and characters shape crime fiction in Kenya, this paper critically engages with stories that the criminalised woman knows, tells, forgets, incarnates, discards or hides about the city. It does so by examining the history of urban sex workers in Kenya, the representation of ‘urban women’ in postcolonial Kenyan novels and contemporary mainstream media, and the various (post) colonial laws that criminalise sex work. Through Justina, an elusive character in Yvonne Adhiambo Owuor’s Dust, I consider how (post)colonial legislative frameworks and social life attempt to manage “impossible domesticity” (Saidiya Hartman) inside and against the geo-history of gendered and classed criminality in urban Kenyan spaces. My purpose is to interrogate hegemonic constructions of the citizen – and by extension, of the human – in Kenyan law and public morality
Keywords: crime fiction, feminism, sex work, human, homo narrans
38
Van Gerwen, Heleen. "In Vlaanderen Vlaamsch! Translation Practices in Flemish Legal Journals: The Case of Rechtskundig Tijdschrift voor Vlaamsch-België (°1897)". Journal of European Periodical Studies 2, n. 1 (26 giugno 2017): 3. http://dx.doi.org/10.21825/jeps.v2i1.2351.
Testo completoAbstract (sommario):
The declaration of Belgian independence in 1830 constituted a major turning point in Belgian language history: French was almost instantly installed as the only official language in public offices and judicial cases, which left the majority of Flemish citizens unable to understand or reply to official documents. While the monolingual French authorities quickly recognized the necessity of providing Flemish translations of laws and decrees, numerous Flemish jurists and officials criticized these official translations for being inadequate, since they contained several errors in syntax and legal terminology. This criticism led to a flow of new translations and ideological commentaries, especially in newly created Flemish legal journals. My contribution seeks to point out the key role of these journals in the process of emancipation and standardization of the Flemish legal language and in the creation of a proper Flemish legal culture. My focus is on the first volume of the legal journal Rechtskundig Tijdschrift voor Vlaamsch-België (1897–98), which actively supported the coming into being of a Flemish legal language and identity. This journal published translations of important francophone judgements, annotated translations of laws and decrees as they appeared in the government journal Moniteur belge, and numerous discussions of jurists on the Flemish legal language.
39
Molendijk, Arie. "Religious Development: C. P. Tiele's Paradigm of Science of Religion". Numen 51, n. 3 (2004): 321–51. http://dx.doi.org/10.1163/1568527041945490.
Testo completoAbstract (sommario):
AbstractThis essay explores C. P. Tiele's fundamental notion of religious development and, in a certain respect, it complements my earlier paper on his concept of religion, which he ultimately locates "in the innermost depths of our souls" (Numen 46 [1999]). The present article argues that the mere possibility of an interrelated, comparative study of religions (in the plural) is founded on the idea of a developmental history of religion (in the singular). To Tiele, this history testifies to the fact that the changing and transient forms of religion are ultimately inadequate expressions of the infinite in us. Thus, his "science" ties in perfectly with his liberal Protestantism. I start with some remarks on the use of the concept of religious development in the nineteenth century, then I outline Tiele's basic assumptions (with special reference to his 1874 article on the laws of development), and, finally, I scrutinize the first series of the Gifford Lectures (1896–1898), which epitomize his later views on religious development. It is shown that developmental thinking in early Dutch science of religion did not originate primarily in Darwinian thought but in German idealism. Moreover, one has to keep in mind that Tiele's developmental views met severe criticism among his successors. For instance, Gerardus van der Leeuw rejected the whole idea of religious progress because it did not comply with the unique and absolute character of religious experience. Thus, contrary to Eric Sharpe's suggestion, evolutionism was not dominant in Dutch religious studies throughout the period between the wars.
40
Potot-Warren, Jade. "Confusing, Dated and Ineffective? Current Sex Work Laws in England and Wales and Proposals for Reform". Student Journal of Professional Practice and Academic Research 3, n. 1 (4 marzo 2021): 4–13. http://dx.doi.org/10.19164/sjppar.v3i1.1098.
Testo completoAbstract (sommario):
Sex work is defined as ‘a person who on at least one occasion and whether or not compelled to do so, offers or provides sexual services to another person in return for payment or a promise of payment to A or a third person’ . Sex work law is often controversial, and must balance the interests of the workers, the clients and the public. Examination of the relevant law relating to sex work, and the history and policy considerations that influenced it are crucial to understanding the principles that underpin the current law, as well as its application and flaws. There are a variety of critiques of England and Wales’ current approach to sex work and the reforms put in place thus far, including criticism suggesting that the current law is in places confusing, dated and ineffective. I will suggest proposals for reform, aimed at clarifying and modernising UK sex work legislation. These proposals for reform will explore and compare existing alternative models that could potentially be adopted. The issues raised by legal transplants (i.e. ‘the moving of a rule or a system of law from one country to another or from one people to another’ in order for it to function as it did in the host jurisdiction ) are also a necessary consideration in the development of reform proposals.
41
Hashim, Abdulkadir. "Application of Muslim Personal Law in the Kenyan Courts: Problems and Prospects". Islamic Africa 11, n. 2 (1 settembre 2021): 208–31. http://dx.doi.org/10.1163/21540993-01101015.
Testo completoAbstract (sommario):
Abstract This paper examines the application of Muslim personal law in the Kenyan courts. It addresses jurisprudential issues which engage conventional government judges, magistrates and kadhis (Islamic judges). The interaction between the conventional and religious courts has paved the way for a conflict of laws on matters related to Muslim personal law and has led to an interesting scenario of constructive conversation and criticism that in turn has set the stage for an emerging comparative jurisprudence within a pluralistic society. Factors which contribute toward conflicts include wholesale adoption of Common Law and Islamic law notions and exemption clauses in statutes. To overcome the challenges facing the kadhis’ courts and the application of Muslim personal law in Kenya, the paper proposes the adoption of a progressive comparative jurisprudential approach in responding to emerging legal issues facing Muslim litigants in the Kenyan courts.
42
Bashier, Risydam. "KRITIK TERHADAP FORMALISME HUKUM". Jurnal Pelita Nusa 3, n. 1 (11 giugno 2023): 1–13. http://dx.doi.org/10.61612/jpn.v3i1.34.
Testo completoAbstract (sommario):
This journal examines the resistance to the Legal Formalism School which alludes to it from the point of view of basic reports. This legal critique incorporates liberal, radical, and postmodernist ideas as well as Marxist ideas. The background is legal certainty, both those that guarantee the fulfillment of laws that do not require overlapping rules or justice for the formation of laws. This journal aims to briefly familiarize readers with concepts in critical legal studies from various legal perspectives. In addition, for good journal results, the author must convey the goals and context of the development of Indonesian law. This writing uses content analysis research, which is a comprehensive discussion of critical legal studies. The results of the discussion show that the goal of the critical legal study movement to unite various legal perspectives is the main principle of Critical Legal Studies which continues to develop in Indonesia. Because of this legal aspect, recent legal developments in Indonesia are still relatively new. Some formal legal activists use the history of the Critical Legal Studies Movement to understand oppressive legal structures and policies. Therefore, criticism of legal formalism is supported by the fact that several applications are needed, both in terms of themes and movement strategies, as support for the fulfillment of legal formalism from various prevailing legal ideologies.
43
Fomin, Dmitry V. "The Concept of “The Art of Book” in the Works of Book Scientists of the 1920s". Bibliotekovedenie [Russian Journal of Library Science] 69, n. 5 (9 dicembre 2020): 491–500. http://dx.doi.org/10.25281/0869-608x-2020-69-5-491-500.
Testo completoAbstract (sommario):
The author uses historiographic analysis, scientologic and bibliological methods to analyse the texts of the leading domestic book scientists of the 1920s, expressed on the art and design of book. The article identifies the range of the most important sources from the point of view of the studied theme. The author traces how the concept of the “art of book” was interpreted by scientists of that period, how it was introduced into science, and what aspects of study of design skills seemed to be the most advanced. Increased interest in the appearance and aesthetic quality of printed publications, which had been observed in the art criticism since the end of the 19th century, moved in the 1920s to the field of academic science. There is a need to concretize the basic concepts of “book art criticism”, specify them in detail in the general system of book science. According to the majority of researchers, the art of book should be understood first of all not as graphic decorations, illustrative additions to the text, but its typographic interpretation, clear coordination of all elements of the book ensemble. This idea was also expressed by the critics of Silver age, but it was the book scientists of the 1920s who especially vigorously promoted it, introduced it into the minds of contemporaries and into scientific circulation, and used it as a methodological basis for their theoretical constructions.M.I. Shchelkunov’s monograph “History, technology, art of book printing” played an important role in the history of “art book science”. It contains a lot of valuable information; however it is largely spoiled by the author’s vulgar-sociological approach to the chosen topic. More successful were the works of A.A. Sidorov “The art of book”, “Book as an object of study and artistic elements of book”, which raised the question of the need to study the forms of book, the laws of its construction, and the ratio of constructive and decorative elements in the design ensemble. The author also considers the statements about the art of book by M.N. Kufaev, A.M. Lovyagin, N.F. Garelin, M.I. Fabrikant, A.G. Fomin, P.M. Dulsky. Attempts by scientists in the 1920s to create a theory of book art, to approach the study of print works from the standpoint of art studies, were not always successful, but nevertheless, they were of great importance for Russian book science, expanded its borders and significantly influenced its further development.
44
Rosin, Vadim M. "Three concepts of the Psychology of Art (correlation of discourses in psychology, art criticism, and philosophy)". National Psychological Journal 51, n. 3 (2023): 6–15. http://dx.doi.org/10.11621/npj.2023.0302.
Testo completoAbstract (sommario):
Background. At the present time, there has appeared a new interest in understanding the concepts of the psychology of art. The awareness of art and its works lags far behind the practice of artistic life, in which new types of works and new aesthetic concepts, often very different from traditional art forms, have appeared. The problem of demarcation of art and non-art has become aggravated, there is a need for a new cycle of awareness of art and artistic activity. Objective. The article seeks to analyze the characteristic types of concepts in psychology of art, to understand their structure. Considering the approaches in which such concepts were created, as well as scientific discourses and concepts used in this fields, the author focuses on the analyses of three types of approaches (discourses) — psychological, art criticism and philosophical and on understanding the relationships between them. Methods. The paper analyzes the concept of psychology of art by L.S. Vygotsky and one of his followers, V.S. Sobkin, on the example of the discussion of theatrical reincarnation, the concept of art by N.V. Rozhdestvenskaya and the concept of art proposed by the author. The discourses and concepts used in each concept (psychological and non-psychological) are considered, as well as the ways to identify the common structures in these concepts, which determine the contexts of psychological processes and structures. To explain the author's concept of the psychology of art, a case analysis in formation of artistic vision in childhood is proposed. Results. It is shown that in the first two concepts of psychology of art, two main discourses are used — psychological and art history, and in the third — philosophical, within which the whole is set (comprehension of art, artistic communication, artistic reality). The first two concepts differ in the ways of specifying the whole and psychological constructions (in the first, the psychological mechanism is indicated, in the second, a set of processes and structures). Psychological constructions in the third concept are mediated by knowledge of the whole, as a result, some of them are quite well known in psychology, while others are introduced as new concepts. At the end of the article, two more contexts of the whole are indicated: features of individual perception and experience of art, as well as general psychological conditions. Conclusion. Naturally, psychological, philosophical and art criticism approaches to and concepts of art do not coincide. However, many of the issues and theoretical distinctions related to them are either common or overlapping, indicating the interactions of these disciplines.
45
Sudai, Maayan. "‘A woman and now a man’: The legitimation of sex-assignment surgery in the United States (1849–1886)". Social Studies of Science 52, n. 1 (9 novembre 2021): 79–105. http://dx.doi.org/10.1177/03063127211056891.
Testo completoAbstract (sommario):
Throughout much of recorded history, societies that assigned rights and duties based on sex were confounded by people with unclear sex. For the sake of maintaining social and legal order in those contexts, legal systems assigned these people to what they figured was the ‘most dominant’ sex. Then, in mid-19th century United States, a new classification mechanism emerged: sex-assignment surgery, which was imagined by some surgeons to ‘fix’ one’s physical and legal sex status permanently. Other surgeons, however, fiercely opposed the new practice. This article traces the controversy around sex-assignment surgery through three high-profile cases published in US medical journals from 1849 to 1886. Its central argument is that the more general effort to transform surgery into a scientific field helped legitimate the practice of sex-assignment surgery. Although such surgery was subject to intense moral criticism because it was thought to breach the laws of men and nature, over time, these concerns were abandoned or transformed into technical or professional disagreements. In a secondary argument, which helps explain that transformation, this article shows that surgeons gradually became comfortable occupying the epistemic role of sex-classifiers and even sex-makers. That is, whereas sex classification was traditionally a legal task, the new ability to surgically construct one’s genitals engendered the notion that sex could be determined and fixed in the clinic in a legally binding manner. Accordingly, I suggest that surgery became an epistemic act of fact-making. This evolution of the consensus around sex-assignment surgery also provides an early origin story for the idea of sex as plastic and malleable by surgeons, thus offering another aspect to the history of plastic sex.
46
el-Ojeili, Chamsy. "Post-Marxism with substance: Beilharz circles Marx". Thesis Eleven 167, n. 1 (dicembre 2021): 119–29. http://dx.doi.org/10.1177/07255136211061613.
Testo completoAbstract (sommario):
Circling Marx is both a window on to the forces and concerns that have shaped Thesis Eleven over four decades and an intellectual portrait of the singular post-Marxism of one of its leading thinkers. Beilharz emphasises the existence of multiple Marxes but leans towards a Marx who suggests an expanded materialism, a non-Bolshevik Marx, and a Marx of motion, rather than laws. Addressing Marxism and socialism more widely, Beilharz again underscores multiplicity, favouring those thinkers and currents that acknowledged complexity and limits, that staged something of a conversation between Marx and Weber, and that took distance from the teleology, vanguardism, and hubris that has marked parts of the Marxist tradition. Moving into more clearly post-Marxist territory, through important encounters with Heller and Feher, Bauman, Smith, and Castoriadis, Beilharz’s optic prioritises place, cultural traffic, and ambivalence, combining categories of ambitious scope with epistemological and normative circumspection, criticism with world affirmation.
47
McKelvy, William R. "PRIMITIVE BALLADS, MODERN CRITICISM, ANCIENT SKEPTICISM: MACAULAY’S LAYS OF ANCIENT ROME". Victorian Literature and Culture 28, n. 2 (settembre 2000): 287–309. http://dx.doi.org/10.1017/s106015030028203x.
Testo completoAbstract (sommario):
ONE OF THE BEST selling volumes of Victorian verse, as Donald Gray has shown, was Thomas Babington Macaulay’s The Lays of Ancient Rome first published in 1842 (Complete Writings 19: 167–279). For a generation after its publication, the Lays also generally enjoyed the praise of critics and poets.1 But in 1860, just months after Macaulay had been interred in Poets’ Corner, Matthew Arnold offered up the Lays as a touchstone of the grandly bad. In his lectures On Translating Homer, Arnold said that “a man’s power to detect the ring of false metal in those Lays is a good measure of his fitness to give an opinion about poetical matters at all” (1: 211). Arnold’s put-down was echoed in later works such as Thomas Humphry Ward’s multi-volume anthology The English Poets (1880), which opened with Arnold’s essay “The Study of Poetry.” Ward cited the continuing popularity of the Lays, but he pointed out that “the higher critical authorities have pronounced against them, and are even teaching us to wonder whether they can be called poetry at all. They find in the Lays the same faults which mar the author’s prose — commonplaceness of ideas, cheapness of sentiment and imagery, made to prevail by dint of the writer’s irresistible command of a new rhetorical force; in a word, eloquent Philistinism” (4: 540).
48
Bocca, Francisco Verardi. "Das leis naturais ao entusiasmo pela República". Studia Kantiana 15, n. 1 (23 maggio 2017): 87. http://dx.doi.org/10.5380/sk.v15i1.89202.
Testo completoAbstract (sommario):
Resumo: Este artigo considera que no conjunto das obras em que Kant construiu seu ponto de vista sobre a filosofia da história, apesar de sua forma fragmentária, pode-se apontar o equivalente ao que seria sua quarta crítica dedicada a investigação de um a priori histórico. Vemos nesta construção uma sequência de concepções teóricas conduzidas por um deslocamento de foco, inicialmente posto em um Deus criador de leis mecânicas naturais, em seguida nas intenções da natureza que oferece um plano civilizatório aos homens e, finalmente no próprio homem e sua sensificação em relação ao seu imperativo histórico racional. Deslocamento que redefiniu a inexorabilidade inicial em relação a finalidade e ao destino da humanidade, contingenciada nos textos tardios. Trata-se do ápice em que o homem, autoprodutor de sua história, a partir de si e em consideração de si mesmo promove seu aprimoramento e faz uso da natureza servindo assim a si mesmo enquanto fim.Abstract: This article assumes that in all the works in which Kant built his view of the philosophy of history, despite its fragmentary form, it can be pointed out the equivalent of what would be his fourth criticism to the research of a historical a priori. We see in this construction a series of theoretical concepts driven by a focus dislocation, initially put in a God creator of natural mechanical laws, then in the intentions of nature that offers a civilizing plan to men and finally the man himself and his sensification over his imperative rational history. Such dislocation redefined the initial inexorability regarding the purpose and destination of mankind, contingent in the later texts. This is the culmination in which the man, self-producer of his history, from himself and in consideration of himself promotes his improvement and makes use of nature, thus serving himself as purpose.
49
Rosenfeld, B. Z., e H. Perlmutter. "The Attitude to Poverty and the Poor in Early Rabbinic Sources (70-250 ce)". Journal for the Study of Judaism 47, n. 3 (28 settembre 2016): 411–38. http://dx.doi.org/10.1163/15700631-12340454.
Testo completoAbstract (sommario):
This research examines the attitude of rabbinic literature to poverty and the poor after the destruction of the Second Temple. In the Hebrew Bible there are instructions to care for the poor and to be compassionate toward them. However, in Wisdom literature there is also criticism of the poor depicting them as lazy. The Torah obligates the individual Jew to support the poor though tithes from the produce of the fields, giving charity and free loans, but does not advocate establishing public funds for the relief of the poor. Rabbinic literature from after the destruction of the temple shows that the rabbis advocated community responsibility for helping the poor. It shows compassion toward the poor and encourages the Jews to support them through charity. They amended religious laws in order to enable the poor to have more to consume. This seems to be a change from the way the rabbis related to the poor prior to the destruction as is depicted by the New Testament. Examination of actions attributed to sages from before the destruction shows that the rabbis related positively primarily toward poor who were “sons of good” citizens. The other poor were “others” and were left to charity and tithes. After the destruction all poor are “ours,” sons of Abraham, Isaac, and Jacob.
50
Rizzardi, Keith. "From Four Horsemen to the Rule of Six: The Deconstruction of Judicial Deference". Michigan Journal of Environmental & Administrative Law, n. 12.1 (2022): 63. http://dx.doi.org/10.36640/mjeal.12.1.from.
Testo completoAbstract (sommario):
In its tumultuous 2022 term, the Supreme Court rebalanced the separation of powers, again. A tradition of self-restraint has evolved through case law and statutes when the judiciary reviews the actions of the other branches of government. The judiciary often accepts congressional judgments as to whether laws are necessary and proper and defers to executive agency interpretations of those congressional acts. The historical notion of judicial deference, however, earned criticism due to concerns about the potential unchecked decision-making power of unelected executive agency bureaucrats. The emerging alternative system might be worse. History offers parallels. During the New Deal, a core group of Supreme Court justices known as the “Four Horsemen” often struck down agency actions or legislative acts, apparently based upon their views of economic policy. But during the “Switch in Time that Saved Nine” that followed, a changing majority of the Court exercised judicial restraint, upholding policy judgments by Congress and the executive agencies. The clock seemingly rewound in 2022, as a new conservative majority of justices declared statutes insufficient and struck down agency actions, embracing a logic akin to their New Deal predecessors. By deconstructing judicial deference, these justices can now impose the Rule of Six and selectively choose the applicable interpretive doctrine to achieve their personally preferred policy outcomes. The fundamental question of American governance is “Who decides?”. In 2022, the unelected Supreme Court expanded its power over both unelected agency experts and elected officials. Inevitably, history will echo, and debates over court reforms will remerge. But for now, in our extraordinary era of emergencies, epidemics, and a climate crisis, six robed riders on horseback have appeared.