Contract Law and Reasons of Social Justice

2012 ◽  
Vol 25 (2) ◽  
pp. 393-416 ◽  
Author(s):  
E. Voyiakis
Keyword(s):  
Social Justice ◽  
Social Structure ◽  
Contract Law ◽  
Structure Sensitive ◽  
The Social

The view that contract law should do social justice deserves closer and more charitable attention than it has been given in theoretical debates. In particular, resistance to that view is often due to misunderstandings about the nature of social justice and the interests it protects; the kind of impact that contract law can make on the social structure and the demands that this would involve for individual transacting agents, and; the relation between structure-sensitive and structure-insensitive principles for the enforcement of voluntary transactions. Once these misunderstandings are dealt with, taking contract law to aim for social justice seems a no less plausible or attractive a view than most other grand normative theories of contract.

Colonization, Decolonization, and Power: Ruptures and Critical Junctures Out of Dominance

2016 ◽  
Author(s):  
James H. Liu ◽  
Felicia Pratto
Keyword(s):  
Social Justice ◽  
National Identity ◽  
New Zealand ◽  
Social Structure ◽  
Critical Junctures ◽  
The Social ◽  
The World ◽  
European Colonization ◽  
Historical Trajectory ◽  
The Impact

Colonization and decolonization are theorized at the intersection of Critical Junctures Theory and Power Basis Theory. This framework allows human agency to be conceptualized at micro-, meso-, and macro-levels, where individuals act on behalf of collectives. Their actions decide whether critical junctures in history (moments of potential for substantive change) result in continuity (no change), anchoring (continuity amid change with new elements), or rupture. We apply this framework to European colonization of the world, which is the temporal scene for contemporary social justice. Several critical junctures in New Zealand history are analyzed as part of its historical trajectory and narrated through changes in its symbology (system of meaning) and technology of state, as well as the identity space it encompasses (indigenous Māori and British colonizers). The impact of this historical trajectory on the social structure of New Zealand, including its national identity and government, is considered and connected to the overarching theoretical framework.

scholarly journals FENOMENA HUKUM WARIS ADAT DI INDONESIA ANTARA KEADILAN HUKUM DAN KEADILAN SOSIAL

2020 ◽  
Vol 3 (2) ◽  
pp. 1-21
Author(s):  
M Burhanuddin Ubaidillah
Keyword(s):  
Social Justice ◽  
Social Structure ◽  
Alternative Solution ◽  
Customary Law ◽  
Inheritance Law ◽  
National Regulation ◽  
The Social ◽  
The Law

Legal justice and social justice as two different concepts form the basis of the development of theoretical law and practical law. The pluralistic fact of customary inheritance law that is not single in Indonesia and is subject to genealogical and territorial alliance, is not written in legislative regulations (unstatutery law), and has been generally believed (taken for granted) in reality is very difficult to integrate. Even now customary law cannot be realized in legal unification and there is still no uniform national regulation in Indonesia due to the clash of cultural, religious and sociological complications. This is where the urgency of the concept of legal justice and social justice develops his theory in improving the law so that the phenomenon of customary inheritance law gets an alternative solution based on the social structure of a pluralistic Indonesian society.

Prime Justice

Utopophobia ◽  
2019 ◽  
pp. 188-204
Author(s):  
David Estlund
Keyword(s):  
Social Justice ◽  
Social Structure ◽  
Component Part ◽  
The Social ◽  
Moral Normativity ◽  
Do So

This chapter considers the unfamiliar idea of justice for morally flawless people. In turn, it shows that this initially frivolous-sounding topic illuminates something important about the structure of moral normativity more generally, namely, the primacy of nonconcessive standards—standards of right that are not occasioned by wrong. By “Prime Justice,” the chapter refers to a certain part of the “global prime requirement.” This is the requirement according to which all agents (individual or collective) behave as they morally ought to given that all others also do so. Presumably, there will be a component part of this prime requirement that concerns a society's basic social structure, the social justice part of the morally flawless scenario.

Silence and Sound in Black Girl Utopia

2017 ◽  
Vol 6 (3) ◽  
pp. 90-97
Author(s):  
Alexis Pauline Gumbs
Keyword(s):  
Social Structure ◽  
Black Girl ◽  
The Social ◽  
Mind And Body ◽  
Definition Of ◽  
Tone Deaf ◽  
At Home

Ladeedah is an audio novella that takes place in a Black utopic space after “the improvised revolution.” Ladeedah is a tone-deaf, rhythm-lacking Black girl in a world where everyone dances and sings at all times. What is Ladeedah's destiny as a quiet, clumsy genius in a society where movement and sound are the basis of the social structure and the definition of freedom? This excerpt from Ladeedah focuses on Ladeedah's attempts to understand the meaning of revolution from her own perspectives—at home, at school, and in her own mind and body.

Bologna, My Love: Il Cinema Ritrovato

2019 ◽  
Vol 73 (2) ◽  
pp. 72-79
Author(s):  
Carla Marcantonio
Keyword(s):  
Social Justice ◽  
Fairy Tale ◽  
Large Scale ◽  
Francis Ford Coppola ◽  
The Social ◽  
Ongoing Project

FQ books editor Carla Marcantonio guides readers through the 33rd edition of Il Cinema Ritrovato Festival held each year in Bologna at the end of June. Highlights of this year's festival included a restoration of one of Vittorio De Sica's hard-to-find and hence lesser-known films, the social justice fairy tale, Miracolo a Milano (Miracle in Milan, 1951). The film was presented by De Sica's daughter, Emi De Sica, and was an example of the ongoing project to restore De Sica's archive, which was given to the Cineteca de Bologna in 2016. Marcantonio also notes her unexpected responses to certain reviewings; Apocalypse Now: Final Cut (2019), presented by Francis Ford Coppola on the large-scale screen of Piazza Maggiore and accompanied by remastered Dolby Atmos sound, struck her as a tour-de-force while a restoration of David Lynch's Blue Velvet (1986) had lost some of its strange allure.

THE HIMYARITE KINGDOM ON THE EVE OF AND AFTER THE ETHIOPIAN DOMINANCE IN THE SIXTH CENTURY A.D. IN THE MARTYRDOM OF ST. ARETHAS AND HIS COMPANIONS AND IN THE ACTS OF ST. GREGENTIUS

2017 ◽  
Vol 24 (2) ◽  
pp. 678-700
Author(s):  
V Christides
Keyword(s):  
Social Structure ◽  
Red Sea ◽  
Present Author ◽  
Sixth Century ◽  
South Arabia ◽  
The Social ◽  
Preliminary Study

Based on two important hagiographical works written in Greek, the Martyrdom of St. Arethas and his companions and the Acts of St. Gregentius, the aim of this paper is to continue my preliminary study of the countries around the Red Sea in pre-Islamic times, especially in the sixth century A.D. The most valuable information in the Martyrdom concerns the hazardous voyage of the Ethiopian army from the main port of Adulis across the Red Sea to South Arabia (ca 525 A.D.). This work illuminates aspects of that expedition which do not appear in such detail in any other source. In addition, it describes the ports of the Red Sea in the sixth century, i.e., Klysma, Bereniki, Adulis, etc., corroborating the finds of archaeology and epigraphy. Concerning the controversial Acts of St. Gregentius, the present author has tried to discuss only some vital information reflecting the social structure of South Arabia during its Ethiopian occupation until the Persian conquest of it (ca 525 A.D. – ca 570 A.D.), and attempted to trace the origin of just one law (the treatment of animals) among those supposedly imposed on the Himyarites by the so-called archbishop Gregentius.

THE CONTRIBUTION OF THE AMARNA LETTERS TOWARDS A STUDY OF SYRO-PALESTINIAN SOCIAL STRUCTURE (1). TERMINOLOGY FOR GOVERNMENT OFFICIALS

2017 ◽  
Vol 25 (2) ◽  
pp. 788-832
Author(s):  
Lukas M. Muntingh
Keyword(s):  
Social Structure ◽  
Bronze Age ◽  
Social Stratification ◽  
Social Life ◽  
Upper Class ◽  
Government Officials ◽  
The Social ◽  
Amarna Letters ◽  
Free People ◽  
Shed Light

Egyptian domination under the 18th and 19th Dynasties deeply influenced political and social life in Syria and Palestine. The correspondence between Egypt and her vassals in Syria and Palestine in the Amarna age, first half of the fourteenth century B.C., preserved for us in the Amarna letters, written in cuneiform on clay tablets discovered in 1887, offer several terms that can shed light on the social structure during the Late Bronze Age. In the social stratification of Syria and Palestine under Egyptian rule according to the Amarna letters, three classes are discernible:1) government officials and military personnel, 2) free people, and 3) half-free people and slaves. In this study, I shall limit myself to the first, the upper class. This article deals with terminology for government officials.

Victor S. D'Souza. Development Planning and Structural Inequalities: The Response of the Underprivileged. New Delhi: Sage Publications 1990. Pages 206 + Index. Price: Rs 180 (Hardbound).

1991 ◽  
Vol 30 (3) ◽  
pp. 313-317
Author(s):  
Ziaul Haque
Keyword(s):  
Economic Growth ◽  
Economic Development ◽  
Social Structure ◽  
Social Transformation ◽  
Social Inequalities ◽  
Census Data ◽  
Development Planning ◽  
Capital Formation ◽  
Indian Society ◽  
The Social

Deveiopment planning in India, as in other developing countries, has generally been aimed at fostering an industrially-oriented policy as the engine of economic growth. This one-sided economic development, which results in capital formation, creation of urban elites, and underprivileged social classes of a modern society, has led to distortions in the social structure as a whole. On the contrary, as a result of this uneven economic development, which is narrowly measured in terms of economic growth and capital formation, the fruits of development have gone to the people according to their economic power and position in the social structure: those occupying higher positions benefiting much more than those occupying the lower ones. Thus, development planning has tended to increase inequalities and has sharpened divisive tendencies. Victor S. D'Souza, an eminent Indian sociologist, utilizing the Indian census data of 1961, 1971, and 1981, examines the problem of structural inequality with particular reference to the Indian Scheduled Castes and Scheduled Tribes - the two most underprivileged sections of the present Indian society which, according to the census of 1981, comprised 15.75 percent and 7.76 percent of India's population respectively. Theoretically, he takes the concept of development in a broad sense as related to the self-fulfIlment of the individual. The transformation of the unjust social structure, the levelling down of glaring economic and social inequalities, and the concern for the development of the underprivileged are for the author the basic elements of a planned development. This is the theoretical perspective of the first chapter, "Development Planning and Social Transformation".

Globalization, Citizenship, and Subjectivity in Self Construction

2020 ◽  
Vol 10 ◽  
pp. 135-146
Author(s):  
Namita Poudel
Keyword(s):  
Social Structure ◽  
Social Field ◽  
Self Identity ◽  
The Social ◽  
Social Fields ◽  
Research Questions

One of the profound questions that troubled many philosophers is– “Who am I?” where do I come from? ‘Why am I, where I am? Or “How I see myself?” and maybe more technically -What is my subjectivity? How my subjectivity is formed and transformed? My attempt, in this paper, is to look at “I”, and see how it got shaped. To understand self, this paper tries to show, how subjectivity got transformed or persisted over five generations with changing social structure and institutions. In other words, I am trying to explore self-identity. I have analyzed changing subjectivity patterns of family, and its connection with globalization. Moreover, the research tries to show the role of the Meta field in search of subjectivity based on the following research questions; how my ancestor’s subjectivity changed with social fields? Which power forced them to change their citizenship? And how my identity is shaped within the metafield? The methodology of my study is qualitative. Faced to face interview is taken with the oldest member of family and relatives. The finding of my research is the subjectivity of Namita Poudel (Me) is shaped by the meta field, my position, and practices in the social field.

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