Organs of Enforcement and Enforceable Instruments in a Comparative Perspective

1991 ◽  
Vol 25 (1) ◽  
pp. 43-60
Author(s):  
K.D. Kerameus

Professor Lawrence M. Friedman, the well-known legal historian and legal sociologist, stressed in a recent essay that the contemporary relevance of law within broader social phenomena could be analysed in terms of community expectations. He wrote that during the 19th century “[p]eople knew that they were exposed, at all times, to the risks of sudden disaster — disease, death in childbirth and childhood, accidents, chronic economic uncertainties. They faced these calamities without private insurance, without public welfare programs, and without legal liability rules that made it practical to collect damages from private citizens and companies”. Societies of the past fostered a “culture of low expectations” with regard to law as well as to life itself. In contrast, our contemporary society driven by medical, technical and social developments heads towards the “reduction of uncertainty”. Amazing progress in medicine, the full-fledged emergence of the welfare state, and the expansion of private liability for accidents and injuries have, at least in Western countries, greatly enhanced people's expectations from the social mechanisms. The stature of law has grown accordingly to unknown pre-eminence since all methods of reducing risks are now shaped in terms of legal norms.

2020 ◽  
Vol 8 (2) ◽  
pp. 47-59
Author(s):  
Paweł Urbaniak

A description of borderland as a space can be inspiring for an analytical presentation of other social phenomena in which coexisting borderline categories occur. An example is social stratification within which different groups of individuals referred to as layers, castes or classes can be distinguished. Their character is arbitrary, resulting from a concern for the conventional, often not very distinctive interests of some social groups. Since the 19th century, the most widespread stratification system in Western societies has been the class system. However, its analytical value has been fading due to the blurring of boundaries between particular classes. The social classes, on the one hand, are subject to strong internal differentiation and are losing their previous cohesion, and on the other hand, they are becoming similar in many respects. Therefore there is a need to create an alternative and more analytically useful way of categorizing societies in contemporary social sciences. Segmentation based on the category of lifestyle seems valuable, because lifestyle is what, in a particularly important way, differentiates in the social dimension individuals forming contemporary Western societies. At the same time, this category is so capacious and distinctive that it can be analytically useful for representatives of various social sciences. The aim of the paper is, first of all, to present the structural foundation of class systems, secondly, to identify the reasons for the loss of their analytical value, and thirdly, to discuss the scientifically useful segmentation of society relating to different lifestyles.


2018 ◽  
Vol 5 (2) ◽  
pp. 134
Author(s):  
Faisol Azhari

Law or law order are not made to be observed and to be logical rational study only but to be done. Of course the application of law in society gets concretization proccess where the regulation of general and abstract normative law given for special, concrete and casuistic problems. It is not enough to implement limitted law on legal norms only normatively in societ, we have to observe more on social phenomena to implement the law flexibly. The implementation of law which is able to creat efective communication between the members of society, and not release from the final objective or the main goal of the legal politic namely to reach social welfare and protection as the integral part of the social policy, that is the implementation of law into the law enforcement.


2020 ◽  
Vol 3 (1) ◽  
pp. 187-205
Author(s):  
I Wayan Wastawa ◽  
I Ketut Sudarsana

Bali is known for its valuable traditions and customs from pre-Hindu times to the present. Social facts, that the more widespread social problems occur that are not directly proportional to the social and legal rules in the lontar text and customs in Bali. The purpose of this paper is to examine the social norms and legal norms contained in the Manawa swarga text and its context in Balinese society in Klungkung Regency. This paper uses primary data and secondary data, with methods of observation, text search, interviews and literature study. Data analysis techniques, the process of collecting data, classification, display data, interpretation and conclusions. The finding is that there is a relationship between the contents of the Vedic scriptures, Manawadhamasastra, Manawa Swarga, and customary law (awig-awig) in Bali. Each of them describes the Chess of Varna or four classes of professions, which is contained in Ṛgveda: 10.90.12, Manawadharmasastra / Manu Smrtih. Pratamo'dhyayah I.31 Manawa Swarga text article 189. The contents of the Manawa Swarga text are still relevant to current social phenomena, specifically regarding the homosexual legal norms, hate speech "Adur Welyani" which can strengthen national legal norms.


Al-Ulum ◽  
2018 ◽  
Vol 18 (2) ◽  
pp. 341-364
Author(s):  
Saifullah Saifullah ◽  
Hasbullah Hasbullah ◽  
M Ridwan Hasbi

Based on the social phenomena of the society, specifically in the city of Pekanbaru, rapid social changes occur with unlimited communication, tend to be materialistic, secularistic and rationalistic. Thus, they arouse various psychological and physical problems. One of psychological problem is a disease that comes from the loss of a divine vision. The vision is blunts to see the reality of life and life itself. Treatment with sophisticated tools and chemicals develops in such a way, but in reality is unable to fully solve the many problems of disease, then switch to alternative-spiritualistic treatment. This study used a qualitative approach by conducting in-depth interviews with subject who practices sufistic therapy. In Pekanbaru, the tendency of people to seek treatment through sufistic therapy can be seen from the amount of sufistic medicine houses. The results of this study show that sufistic therapy or sufi healing is a new trend among modern society which seems to have experienced a saturation point with various patterns of material orientation, thus,  the spiritual world becomes an alternative


2019 ◽  
Vol 12 (2) ◽  
pp. 53-80
Author(s):  
Sari Hanafi

This study investigates the preachers and their Friday sermons in Lebanon, raising the following questions: What are the profiles of preachers in Lebanon and their academic qualifications? What are the topics evoked in their sermons? In instances where they diagnosis and analyze the political and the social, what kind of arguments are used to persuade their audiences? What kind of contact do they have with the social sciences? It draws on forty-two semi-structured interviews with preachers and content analysis of 210 preachers’ Friday sermons, all conducted between 2012 and 2015 among Sunni and Shia mosques. Drawing from Max Weber’s typology, the analysis of Friday sermons shows that most of the preachers represent both the saint and the traditional, but rarely the scholar. While they are dealing extensively with political and social phenomena, rarely do they have knowledge of social science


2020 ◽  
Vol 102 ◽  
pp. 656-676
Author(s):  
Igor V. Omeliyanchuk

The article examines the main forms and methods of agitation and propagandistic activities of monarchic parties in Russia in the beginning of the 20th century. Among them the author singles out such ones as periodical press, publication of books, brochures and flyers, organization of manifestations, religious processions, public prayers and funeral services, sending deputations to the monarch, organization of public lectures and readings for the people, as well as various philanthropic events. Using various forms of propagandistic activities the monarchists aspired to embrace all social groups and classes of the population in order to organize all-class and all-estate political movement in support of the autocracy. While they gained certain success in promoting their ideology, the Rights, nevertheless, lost to their adversaries from the radical opposition camp, as the monarchists constrained by their conservative ideology, could not promise immediate social and political changes to the population, and that fact was excessively used by their opponents. Moreover, the ideological paradigm of the Right camp expressed in the “Orthodoxy, Autocracy, Nationality” formula no longer agreed with the social and economic realities of Russia due to modernization processes that were underway in the country from the middle of the 19th century.


wisdom ◽  
2020 ◽  
Vol 15 (2) ◽  
pp. 107-113
Author(s):  
Gegham HOVHANNISYAN

The article covers the manifestations and peculiarities of the ideology of socialism in the social-political life of Armenia at the end of the 19th century and the beginning of the 20th century. General characteristics, aims and directions of activity of the political organizations functioning in the Armenian reality within the given time-period, whose program documents feature the ideology of socialism to one degree or another, are given (Hunchakian Party, Dashnaktsutyun, Armenian Social-democrats, Specifics, Socialists-revolutionaries). The specific peculiarities of the national-political life of Armenia in the given time-period and their impact on the ideology of political forces are introduced.


Author(s):  
Dira Herawati

Accountability report is a written description of creative experiences as an artist or a photographer of aesthetic exploration efforts on the image and the idea of a human as a basic stimulant for the creation of works of art photography. Human foot as an aesthetic object is a problem that relates to various phenomena that occur in the social sphere, culture and politics in Indonesia today. Based on these linkages, human feet would be formulated as an image that has a value, and the impression of eating alone in the creation of a work of art photography. Hence the creation of this art photography entitled The Human Foots as Aesthetic Object  Creation of Art Photography. Starting from this background, then the legs as an option object art photography, will be managed creatively and systematically through a phases of creation. The creation phases consist of: (1) the exploration of discourse, (2) artistic exploration, (3) the stage of elaboration photographic, (4) the synthesis phase, and (5) the stage of completion. Methodically, through the phases of the creative process  through which this can then be formulated in various forms of artistic image of a human foot. The various forms of artistic images generated from the foots of its creation process, can be summed up as an object of aesthetic order 160 Kaki Manusia Sebagai Objek Estetik Penciptaan Fotografi Seni in the photographic works of art. It is specifically characterized by the formation of ‘imaging the other’ behind the image seen with legs visible, as well as of the various forms of ‘new image’ as a result of an artistic exploration of the common image of legs visible. In general, the whole image of the foot in a photographic work of art has a reflective relationship with the social situation, cultures, and politics that developed in Indonesian society, by value, meaning and impression that it contains.Keywords: human foots, aestheti,; social phenomena, art photography, images


Author(s):  
Svetlana Pirozhok

The relevance of determining the theoretical and methodological determinants of the Robert von Moll’s concept of the social state is due to the need to determine the patterns of evolution of ideas about the state and law, as well as the need to assess the ability to use the potential of the Robert von Moll’s theoretical and legal heritage, his predecessors and contemporaries to identify the optimal model of the social state. Modern Russia attempts to build such state. The proclamation and consolidation of Russia as a social state governed by the rule of law at the constitutional level requires attention both to the experiments carried out in social and legal development, and to the practices of social reform, and also to those ideas that have not yet been embodied. The ideas of European scholars regarding the evolution of the state-legal organization of society in the early modern period, based on which Robert von Mohl (1799–1875) developed original concepts of a social state and a state governed by the rule of law are discussed in the article. An analysis of the state of European political and legal thought and identification of the factors that have a significant impact on the development of Robert von Mohl’s doctrine of a social state governed by the rule of law are the purposes of the scientific article. The methodological basis of the study was the dialectical-materialistic, general scientific (historical, systemic) and special (historical-legal, comparativelegal) methods of legal research. The method of reconstruction and interpretation of legal ideas had great importance. As a result of the study, it was concluded that in the first half of the 19th century in European political and legal thought various approaches was formed to consider the problems of social protection and how to resolve them. The development trend of European political science became the transition from ideas and principles formed in the conditions of police states and enlightened absolutism to the ideas of a state governed by the rule of law (constitutional) that protects the rights and freedoms of a citizen. At the same time, it was a question of the rights and freedoms of only a part of the population: the proletariat growing in number and significance was not always evaluated as an independent social stratum. The axiological principles of state justification have also changed. Rights and utility principle became dominant principles. In the first half of the 19th century the social issue as an independent scientific problem of the European political and legal thought was not posed and not systematically developed. Questions about the social essence of the state, the specifics of the implementation of the state social function, the features of public administration in the new stage of socio-economic development of society predetermined the emergence of the idea of a social state. This idea was comprehensively characterized in the Robert von Mohl’s works. He went down in the history of political and legal thought as founder of the concepts of social and governed by the rule of law state.


2021 ◽  
pp. 092137402110218
Author(s):  
Ute Röschenthaler

Brokers have played important roles in the trade of green tea between China and Mali, from the 19th century when tea first came to Mali up to the present. They mediate between tea buyers and sellers, work on their own account, use soft skills, knowledge and networks and make a living from the commission they gain. This article examines the work of brokers in the tea trade, the social constellations in which they are active and the scope of their activity. Based on extensive field research in Mali and China, this article shows how brokers create their own jobs in a dynamic business landscape, which is often delimited by governmental policies, competing entrepreneurial activities and social movements.


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