The risk of risk society and limits of law

2009 ◽  
pp. 59-67
Author(s):  
Raffaele De Giorgi

- What is represented as risk in the risk society? Does this question concern the operations of society's structure, or does it concern the semantics through which society observes itself? And finally, can law reduce risk, or is it a risk-factor in itself? The theoretical perspective proposed in this essay is the one offered by Luhmann's theory of society. Indeed, only this perspective enables us to deconstruct current representations of risk and the legal system and to advance a description more attuned to the complexity of modern society. The article's main hypothesis is that risk is a structural feature of modern society's complexity. Risk is built in the process of temporalisation of modern society, in its symbiosis with the future, in the paradoxical nature of the present, and in the ecology of non-knowledge. Both risk and law are techniques aimed at constraining time while reducing uncertainty and non-knowledge about the future. Modern society treats the future as a risk that depends on decisions. In turn, modern law's self-recognition relies upon its capacity to control risk. However, the author argues that this process is highly problematic and risky. In fact, law cannot forbid, stop, or prevent risk: it can only resort to strategies aimed at reducing the riskiness of the juridical treatment of risk.

2020 ◽  
Vol 4 (1) ◽  
pp. 31-46
Author(s):  
Mir Kasi ◽  
Rubina Shaheen

Innovation is surpassing our desires. Different AI-based instruments are created and help advertisers focus on perfect clients via web-based media at the ideal time. Purpose: the purpose of the study is to link the Information Services of Social Media Portals Change in the Future When Artificial Intelligence is implemented. Methodology: Surveys and qualitative methodologies were utilized to build up the theoretical perspective on A.I.'s effects on advancement across various foundations and social areas on the planet's economies. All the users of face book were population for the current study. Convenient sampling was the technique to access the sample. Focus groups and academic centres, and governmental institutions were likewise fused in acquiring valuable data on the effects of being knowledgeable about all the fields of advancement through A.I. innovations on social media. Findings: Most interviewees reacted emphatically about using technologically advanced tools and disseminating information in modern applications on social media. Advancement in A.I. innovations in the social media services expanded creation periods in the viral news than anticipated from a man if they needed to access vital information at every interval without an aspect of delay. Contribution: The future will be A.I. empowered and less miss-information. Tis paper do not generally know how soon or in what ways these dreams of the AI-empowered future will turn into a reality, yet even the most easygoing of eyewitnesses can see that these are unavoidable patterns. The one sure thing is that it is coming, and this paper now travelling toward that path.


Author(s):  
Iqbal Mohammed

This chapter examines the development of social media in relation to its impact on the law, legal system, and legal profession of England and Wales, considering other jurisdictions such as the United States of America and Australia. The author analyses the convergence between the opposing forces of legal certainty and control on the one hand, and mass, unrestrained social media on the other. In particular, the author reviews the challenges presented by the use of social media in modern society: in particular, a sophisticated legal system across a range of jurisdictions. The effect of social media is considered alongside the individual responses in each scenario, their effectiveness, and then, finally, the intuitional responses of the legal profession, lawmakers, and the judiciary as a whole to the rise of social media.


2005 ◽  
Vol 25 (8) ◽  
pp. 70-83 ◽  
Author(s):  
Jason L. Powell ◽  
Azrini Wahidin

This article explores the concept of ‘risk’ that is both an epistemological tool and major facet of “late modernity” (Delanty, 1999). During the 1970s, the use of the notion ’risk’ was mainly confined to ‘natural sciences’, when the concept was used to analyse and improve the ‘security’ of technological systems (Giddens, 1990). According to Delanty (1999) it was not until the 1980s and 1990s that social science based ‘disciplines’ discovered the importance of the topic in relation to changes affecting modern society. In particular, the disciplinary development of Sociology, for example, has discovered ‘risk’ as one of the important aspects of neo‐liberalism and modernity (Beck, 1992; Giddens, 1990; Luhmann, 1993; Delanty, 1999). Sociological conceptions of risk are rapidly changing the role of social science (Delanty, 1999). For example, Delanty (1999) claims that there are studies on epistemology or legitimation of risk knowledge. The conflict between sociologically informed concepts of ‘risk’ and the more traditional, probabilistic calculations of risk represent a contest of competing social philosophies and visions about the future development of human and financial resources, relationship between economic growth and environmental protection, role of government and individuality, and projections and visions about the future it can be argued. A sociologically informed understanding of risk illustrates the interconnectedness of an “ageing population,” social policy and social life. From this perspective, risk is more than a calculation of costs and benefits, it is a theoretical mechanism for weighing different sets of political orientations which impinge on the positioning of individuals and populations.


2004 ◽  
Vol 34 (136) ◽  
pp. 455-468
Author(s):  
Hartwig Berger

The article discusses the future of mobility in the light of energy resources. Fossil fuel will not be available for a long time - not to mention its growing environmental and political conflicts. In analysing the potential of biofuel it is argued that the high demands of modern mobility can hardly be fulfilled in the future. Furthermore, the change into using biofuel will probably lead to increasing conflicts between the fuel market and the food market, as well as to conflicts with regional agricultural networks in the third world. Petrol imperialism might be replaced by bio imperialism. Therefore, mobility on a solar base pursues a double strategy of raising efficiency on the one hand and strongly reducing mobility itself on the other.


Author(s):  
VICTOR BURLACHUK

At the end of the twentieth century, questions of a secondary nature suddenly became topical: what do we remember and who owns the memory? Memory as one of the mental characteristics of an individual’s activity is complemented by the concept of collective memory, which requires a different method of analysis than the activity of a separate individual. In the 1970s, a situation arose that gave rise to the so-called "historical politics" or "memory politics." If philosophical studies of memory problems of the 30’s and 40’s of the twentieth century were focused mainly on the peculiarities of perception of the past in the individual and collective consciousness and did not go beyond scientific discussions, then half a century later the situation has changed dramatically. The problem of memory has found its political sound: historians and sociologists, politicians and representatives of the media have entered the discourse on memory. Modern society, including all social, ethnic and family groups, has undergone a profound change in the traditional attitude towards the past, which has been associated with changes in the structure of government. In connection with the discrediting of the Soviet Union, the rapid decline of the Communist Party and its ideology, there was a collapse of Marxism, which provided for a certain model of time and history. The end of the revolutionary idea, a powerful vector that indicated the direction of historical time into the future, inevitably led to a rapid change in perception of the past. Three models of the future, which, according to Pierre Nora, defined the face of the past (the future as a restoration of the past, the future as progress and the future as a revolution) that existed until recently, have now lost their relevance. Today, absolute uncertainty hangs over the future. The inability to predict the future poses certain challenges to the present. The end of any teleology of history imposes on the present a debt of memory. Features of the life of memory, the specifics of its state and functioning directly affect the state of identity, both personal and collective. Distortion of memory, its incorrect work, and its ideological manipulation can give rise to an identity crisis. The memorial phenomenon is a certain political resource in a situation of severe socio-political breaks and changes. In the conditions of the economic crisis and in the absence of a real and clear program for future development, the state often seeks to turn memory into the main element of national consolidation.


2020 ◽  
Vol 22 (11) ◽  
pp. 11-15
Author(s):  
Gan N.Yu. ◽  
Ponomareva L.I. ◽  
Obukhova K.A.

Today, worldview, spiritual and moral problems that have always been reflected in education and upbringing come to the fore in society. In this situation, there is a demand for philosophical categories. One of the priority goals of education in modern conditions is the formation of a reasonable, reflexive person who is able to analyze their actions and the actions of other people. Modern science is characterized by an understanding of the absolute value and significance of childhood in the development of the individual, which implies the need for its multilateral study. In the conditions of democratization of all spheres of life, the child ceases to be a passive object of education and training, and becomes an active carrier of their own meanings of being and the subject of world creation. One of the realities of childhood is philosophizing, so it is extremely timely to address the identification of its place and role in the world of childhood. Children's philosophizing is extremely poorly studied, although the need for its analysis is becoming more obvious. Children's philosophizing is one of the forms of philosophical reflection, which has its own qualitative specificity, on the one hand, and commonality with all other forms of philosophizing, on the other. The social relevance of the proposed research lies in the fact that children's philosophizing can be considered as an intellectual indicator of a child's socialization, since the process of reflection involves the adoption and development of culture. Modern society, in contrast to the traditional one, is ready to "accept" a philosophizing child, which means that it is necessary to determine the main characteristics and conditions of children's philosophizing.


2020 ◽  
Vol 63 (10) ◽  
pp. 25-37
Author(s):  
Alexander N. Danilov

The article discusses the meanings of life and value priorities of the post- Soviet society. The author argues that, at present, there are symptoms of a global ideological crisis in the world, that the West does not have its own vision of where and how to move on and has no understanding of the future. Unfortunately, most of the post-Soviet countries do not have such vision as well. In these conditions, there are mistrust, confusion, paradoxical manifestation of human consciousness. The main meanings that determine our life-world are: the desire of citizens for social justice and social security, the desire to figure out and understand the basic values of modern society, how honestly and equally the authorities act toward their fellow citizens, and to what extent they reflect their interests. The meanings of life, which are the answers to the challenges of the time, are embodied in the cultural code of each nation, state. The growth points of new values, which will become the basis for the future sustainable development of a new civilization, have yet to be discovered in the systemic transformative changes of the culture. In this process, the emergence of a new system of values that governs human life is inevitable. However, modern technology brings new troubles to humans. It has provided wide opportunities for informational violence and public consciousness manipulation. Nowadays, the scenario that is implemented in Western consumer societies claims to be the dominant scenario. Meanwhile, today there is no country in the world that is a role model, there is no ideal that others would like to borrow. Most post-Soviet states failed to advance their societies to more decent levels of economic development, to meet the challenges of the modern information age, and to provide the population with new high living standards. Therefore, in conditions of growing confrontation, we should realistically understand the world and be ready to implement changes that will ensure sustainable development of the state and society without losing our national identity.


Author(s):  
Munawar Haque

Abstract  The purpose of this article is to explore the views of Sayyid Abul AÑlÉ MawdËdÊ[1] on ijtihÉd.[2] It intends to trace the origins of MawdËdÊ’s ideas within the social, cultural and political context of his time, especially the increasing influence of modernity in the Muslim world.  The study will show that MawdËdÊ’s understanding of ijtihÉd and its scope demonstrates originality.  For MawdËdÊ, ijtihÉd is the concept, the process, as well as the mechanism by which the SharÊÑah,[3] as elaborated in the Qur’Én and the Sunnah[4] is to be interpreted, developed and kept alive in line with the intellectual, political, economic, legal, technological and moral development of society.  The notion of ijtihÉd adopted by MawdËdÊ transcends the confines of Fiqh[5] (jurisprudence) and tends therefore to unleash the dormant faculties of the Muslim mind to excel in all segments of life.   [1] Sayyid Abul AÑlÉ MawdËdÊ was born on September 25, 1903 in Awrangabad, a town in the present Maharashtra state of India in a deeply religious family.  His ancestry on the paternal side is traced back to the Holy Prophet (peace be upon him).  The family had a long-standing tradition of spiritual leadership, for a number of MawdËdÊ’s ancestors were outstanding leaders of ØËfÊ Orders.  One of the luminaries among them, the one from whom he derives his family name, was KhawÉjah QuÏb al-DÊn MawdËd (d. 527 AH), a renowned leader of the ChishtÊ ØËfÊ Order. MawdËdÊ died on September 22, 1979. See Khurshid Ahmad and Zafar Ishaq Ansari, “MawlÉnÉ Sayyid Abul AÑlÉ MawdËdÊ: An Introduction to His Vision of Islam and Islamic Revival,”, in Khurshd Ahmad and Zafar Ishaq Ansari (eds.) Islamic Perspectives: Studies in Honour of MawlÉnÉ Sayyid Abul A’lÉ MawdËdÊ,  (Leicester: The Islamic Foundation,1979), 360. [2]  In Islamic legal thought, ijtihÉd is understood as the effort of the jurist to derive the law on an issue by expending all the available means of interpretation at his disposal and by taking into account all the legal proofs related to the issue.  However, its scope is not confined only to legal aspect of Muslim society.  MawdËdÊ’s concept of ijtihÉd is defined as the legislative process that makes the legal system of Islam dynamic and makes its development and evolution in the changing circumstances possible.  This results from a particular type of academic research and intellectual effort, which in the terminology of Islam is called ijtihÉd.  The purpose and object of ijtihÉd is not to replace the Divine law by man made law.  Its real object is to properly understand the Supreme law and to impart dynamism to the legal system of Islam by keeping it in conformity with the fundamental guidance of the SharÊÑah and abreast of the ever-changing conditions of the world.  See Sayyid Abul AÑlÉ MawdËdÊ, The Islamic Law and Constitution, translated and edited by Khurshid Ahmad, (Lahore: Islamic Publications Ltd, 1983), 76.[3] SharÊÑah refers to the sum total of Islamic laws and guidance, which were revealed to the Prophet MuÍammad (peace be upon him), and which are recorded in the Qur’Én as well as deducible from the Prophet’s divinely guided lifestyle (called the Sunnah). See Muhammad ShalabÊ, al-Madkhal fÊ at-TaÑ’rÊf  b alil-Fiqh al-IslÉmÊ, (Beirut: n.p., 1968),.28.[4]Sunnah is the way of life of the Prophet (peace be upon him), consisting of his sayings, actions and silent approvals. It is also used to mean a recommended deed as opposed to FarÌ or WÉjib, a compulsory one.[5]  Originally Fiqh referred to deliberations related to one’s reasoned opinion, ra’y.  Later the expression Fiqh evolved to mean jurisprudence covering every aspect of Islam.  It is also applied to denote understanding, comprehension, and profound knowledge. For an excellent exposition on the meaning of Fiqh, see Imran Ahsan Khan Nyazee, Theories of Islamic law: The methodology of ijtihÉd, (Delhi: Adam Publishers & Distributors, 1996), 20-22.


Author(s):  
Jenny Andersson

Alvin Toffler’s writings encapsulated many of the tensions of futurism: the way that futurology and futures studies oscillated between forms of utopianism and technocracy with global ambitions, and between new forms of activism, on the one hand, and emerging forms of consultancy and paid advice on the other. Paradoxically, in their desire to create new images of the future capable of providing exits from the status quo of the Cold War world, futurists reinvented the technologies of prediction that they had initially rejected, and put them at the basis of a new activity of futures advice. Consultancy was central to the field of futures studies from its inception. For futurists, consultancy was a form of militancy—a potentially world altering expertise that could bypass politics and also escaped the boring halls of academia.


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