scholarly journals Ecology of Sense(-making), Political Eco-logy and Non-ethical Re-founding of Law

2020 ◽  
Vol 15 (3) ◽  
Author(s):  
Jean-Hugues Barthélémy
Keyword(s):  
Political Ecology ◽  
Human Ecology ◽  
Sense Making ◽  
Philosophical Foundation ◽  
The Law ◽  
Ecology Program

The Human Ecology program as proposed in the second part of the book La Société de l’invention. Pour une architectonique philosophique de l’âge écologique aims in particular to refound the Law on a normativity which is not axiological but economic, in the sense that the normativity of needs is defined through the central and self-normative need for health, whose normativity is revealed by suffering. This refoundation is also a redefinition of political ecology as political eco-logy, whose ultimate philosophical foundation is an ecology of sense(-making) as a fundamental ecology confronting the question of the multidimensionality of sense(-making) and its crisis. We introduce here to this global philosophical reconstruction by evoking the contradiction inherent in the transhumanist ideology as a symptom of the crisis of reflexivity.

scholarly journals Menemukan Universalitas Pesan Alquran Sebagai Keniscayaan dalam Penafsiran Multi-Interdisipliner

MUTAWATIR ◽  
2020 ◽  
Vol 8 (1) ◽  
pp. 93-123
Author(s):  
Wardani Wardani ◽  
Wardatun Nadhiroh
Keyword(s):  
Interdisciplinary Approach ◽  
Ethical Principle ◽  
Ethical Principles ◽  
Integrative Approach ◽  
Philosophical Foundation ◽  
Time And Space ◽  
The Law ◽  
Modern Era

This article aims to lay a philosophical foundation on the universality of the message of the Qur’an as a necessity in a multi-interdisciplinary approach to interpret the Qur’an. The study departs from the thoughts of Qur’anic scholars from the classical to the contemporary period as set out in their works. The “universality” here means two senses: first, compatibility of the message, owing to its universal and perennial ethical contents, to be applied across boundaries of time and space; second, various aspects of contents of the Qur’an, such as theological, legal, ethical, and scientific issues. This article also suggests methods in exploring the universality of the Qur’anic doctrines and gives one example of its application, especially in understanding Quranic values in its doctrine of warfare. The authors conclude that an integrative approach to the Qur’an is needed to be accompanied by an awareness of the universality of the message of the Qur’an which lies in the spirit of ethical principles and the need for meaning in a broader spectrum in the modern era. Neglecting its universal message will cause interpretations losing this spirit, such as classical Moslem interpreters’ understanding on jiha>d-verses by insisting that the jihad as warfare is a permanent obligation upon Moslems. The falsehood of the interpretation is due to neglecting the ethical principle i.e. humanity behind the law of reciprocity that underlies particular verses on warfare.

From Genetic Encyclopaedism to Human Ecology

2019 ◽  
Vol 63 (3) ◽  
pp. 745-756
Author(s):  
Jean-Hugues Barthélémy ◽  
Keyword(s):  
Human Ecology ◽  
Making Sense ◽  
The Law ◽  
Political Economic

Unlike the free interpretations of Simondon’s genetic encyclopaedism, the constraining exegesis of this doctrine resolves the paradoxes that are essential for it to be constructed in its depth and subtlety. Now, at the root of these simple paradoxes lies what is no longer one, but which constitutes a true contradiction, of a methodological type. That is why today we need an encompassing refounding of Simondon’s genetic ontology, which makes it possible to eliminate the contradiction by transforming this ontology into a translation of a new first problematic, called “archi-reflexive semantics.” Such is the program of the global but radically antidogmatic system of the individuation of (making-)sense, or “human ecology”, the ultimate telos of which is political-economic and articulates itself with a decentered humanism refounding the law outside ethics.

scholarly journals Legal Philosophy of Pancasila as The Paradigm of The Criminal Justice System: A Philosophical Criticism for the Loss of a Sense of Humanity

2018 ◽  
Vol 54 ◽  
pp. 07001
Author(s):  
Rocky Marbun ◽  
Abdul Hakim ◽  
M. Adystia Sunggara
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Procedure ◽  
Law Enforcement Officers ◽  
Philosophical Foundation ◽  
System A ◽  
Philosophical Criticism ◽  
Criminal Procedure Law ◽  
The Law

Since 1981, marked by the enactment of law number 8 of 1981 on criminal procedure law, it has become a consensus to abandon the Cartesian paradigm embodied in the inquisitoire principle. The inquisitoire principle sees any person drawn into a criminal justice struggle as an object. The Criminal Procedure Code (CPC) through the philosophical foundation of Pancasila, commands to adopt the accusatoire principle, in honor of the withdrawn party as a person entirely. However, the KUHAP/CPC formers forget the institutional legal culture of the thrown (gowerfen-sein) criminal justice system in the myth of modernity that is the objectification of human being. So that the law enforcement officers (investigators, public prosecutors, judges) always ignore Pancasila as the philosophical foundation of thought in carrying out the law.

Commentary Ideas in Ecology: The Issue of Sustainability

1999 ◽  
Vol 21 (3) ◽  
pp. 30-31
Author(s):  
Lynn Oliphant
Keyword(s):  
Political Ecology ◽  
Human Ecology ◽  
Environmental Anthropology ◽  
Master Teacher ◽  
First Time ◽  
Guest Lecture

This Winter I taught environmental anthropology again for the first time in six years. Relevant advocacy and applied works are now being rapidly generated through the interdisciplinary fields of human ecology and political ecology (our own Barbara Johnston's work being quite notable). Auditing my class was Lynn Oliphant, a renowned ecologist, as well as winner of my university's Master Teacher Award. In effect Lynne helped to teach the course through his discussions. At the end, he provided a guest lecture that served as a capstone to the class. In the interest of interdisciplinary discussion on this important topic, I invited him to share those thoughts with the readers of Practicing Anthropology.- Editor

scholarly journals Pancasila sebagai Dasar Pembangunan Hukum Di Indonesia

2018 ◽  
Vol 8 (1) ◽  
pp. 53
Author(s):  
Any Ismayawati
Keyword(s):  
Religious Values ◽  
Philosophical Foundation ◽  
State Law ◽  
Legal Basis ◽  
The Law ◽  
Laws And Regulations

<p><em>This paper aims to examine the urgency of Pancasila in the National Law Development</em><em> </em><em>Therefore, why Pancasila should be guided in every formation of law in Indonesia</em><em>. </em><em>How does the philosophical foundation of Pancasila use as a guide in the development of national law and what its juridical basis.</em><em></em></p><p><em>Pancasila is the ideology of the Indonesian nation, is a crystallization of the noble values of the Indonesian nation derived from religious values and customary values, believed to be true, and became the basis and guidance of the behavior of the Indonesian nation in the life, nation and state. Based on that, Pancasila becomes the philosophical foundation of the development of national law because the law can be enforced and effective if the law is based on religious values, customs values and state law. In addition, the foundation of the Pancasila state is the source of all sources of law in Indonesia so that it becomes the necessity of Pancasila as the philosophical foundation in the development of law in Indonesia.</em><em></em></p><p><em>the legal basis for the use of Pancasila as the foundation / guideline in the development of national law is included in Law Number 10 of 2004 on the Establishment of Legislation which is later enhanced by Law Number 12 Year 2011 on the Establishment of Laws and Regulations. In Article 2 of Law Number 12 of 2011 explicitly stated that Pancasila is the source of all sources of law. </em><em>t</em><em>he contents of Article 2 implies that in the formation of any legislation should not conflict with the values contained in the principles of Pancasila</em><em></em></p>

Geopolitics and the Green Revolution

1998 ◽  
Author(s):  
John H. Perkins
Keyword(s):  
Political Ecology ◽  
Environmental History ◽  
Human Ecology ◽  
Green Revolution ◽  
The United States ◽  
Social Consequences ◽  
Modern Agriculture ◽  
History Of ◽  
Security Planning ◽  
United States Mexico

During the last 100 years, the worldwide yields of cereal grains, such as wheat and rice, have increased dramatically. Since the 1950s, developments in plant breeding science have been heralded as a "Green Revolution" in modern agriculture. But what factors have enabled and promoted these technical changes? And what are the implications for the future of agriculture? This new book uses a framework of political ecology and environmental history to explore the "Green Revolution's" emergence during the 20th century in the United States, Mexico, India, and Britain. It argues that the national security planning efforts of each nation were the most important forces promoting the development and spread of the "Green Revolution"; when viewed in the larger scheme, this period can be seen as the latest chapter in the long history of wheat use among humans, which dates back to the neolithic revolution. Efforts to reform agriculture and mitigate some of the harsh environmental and social consequences of the "Green Revolution" have generally been insensitive to the deeply embedded nature of high yielding agriculture in human ecology and political affairs. This important insight challenges those involved in agriculture reform to make productivity both sustainable and adequate for a growing human population.

scholarly journals The Law of the Jungle: Advocating for Animals in Australia

2008 ◽  
Vol 13 (1) ◽  
pp. 181 ◽  
Author(s):  
David Glasgow
Keyword(s):  
Animal Welfare ◽  
Animal Rights ◽  
Philosophical Foundation ◽  
Legal Regime ◽  
Animal Protection ◽  
The Law ◽  
A Site ◽  
Valuable Role

<p>A movement of activist ‘animal lawyers’ has recently arrived in Australia. This article contends that Australian lawyers have a significant role to play in advancing the animal protection cause. Part I discusses the philosophical foundation of the modern animal protection movement and describes the<br />important theoretical divide that splits it into animal ‘welfare’ and animal ‘rights’. Part II explains the Australian legal regime governing animal protection to show how the law acts as a site of exploitation. Part III explores the role of lawyers within the movement. It does this by appraising<br />the obstacles in the way of animal protectionism and exploring what makes an effective lawyer advocate. It then uses a case study of battery hens to demonstrate the valuable role lawyers can play to support the animal cause.</p>

scholarly journals Putting the French Duty of Vigilance Law in Context: Towards Corporate Accountability for Human Rights Violations in the Global South?

2020 ◽  
Author(s):  
Almut Schilling-Vacaflor
Keyword(s):  
Human Rights ◽  
Political Ecology ◽  
Oil And Gas ◽  
Burden Of Proof ◽  
Field Research ◽  
Indigenous Communities ◽  
Global South ◽  
Corporate Accountability ◽  
Business And Human Rights ◽  
The Law

Abstract The adoption of the French Duty of Vigilance law has been celebrated as a milestone for advancing the transnational business and human rights regime. The law can contribute to harden corporate accountability by challenging the “separation principle” of transnational companies and by obligating companies to report on their duty of vigilance. However, the question of whether the law actually contributes to human rights and environmental protection along global supply chains requires empirically grounded research that connects processes in home and host state countries. This paper contributes to such a new research agenda by linking political ecology literature and empirical insights from the Global South to research on due diligence regulations. With reference to field research data on contestations between the oil and gas company Total E&P and indigenous communities in Bolivia, I argue that the burden of proof and contestations over valid knowledge represent major obstacles when trying to establish legal liability.

scholarly journals Legitimasi Hukum Pemberlakuan Syari’at Islam di Aceh: Tinjauan Yuridis, Sosiologis dan Filosofis

ULUMUNA ◽  
2015 ◽  
Vol 19 (1) ◽  
pp. 59-78
Author(s):  
M Jafar
Keyword(s):  
Islamic Law ◽  
Philosophical Foundation ◽  
Way Of Life ◽  
The Past ◽  
Sharia Law ◽  
Aceh Province ◽  
Present Context ◽  
The Law ◽  
Historical Past ◽  
The Way

The glory of Aceh Darussalam Kingdom in the past cannot be separated from the complete application of Islamic Sharia (kāffah) as the way of life in Aceh. Reflecting the historical past, the implementation of Sharia in Aceh in the present context is absolutely necessary. However, today's enforcement must refer to the three foundations, namely judicial, sociological, and philosophical. The most fundamental of juridical basis is the Constitution of 1945 (UUD 1945) Chapter XI on Religion and paragraph 2 of Article 29, new amendment of Article 18A paragraph 1 and Article 18B paragraph 1. The implementing of Sharia law in Aceh began with the birth law No. 44/1999 regarding the Implementation Features Special of Aceh Province, then refined by law No. 18/2001 on Special Autonomy for Aceh Province as Nanggroe Aceh Darussalam province. Then it is continued by the Law Number 11/2006 on the Governing of Aceh (UUPA). The sociological ground is majority Muslim of Acehnese can receive all the products based on Islamic Sharia law. The philosophical foundation, Islamic law, should be enforced based on the Qur'an and Hadith recommended preserving religion, life, property, lineage, and resourceful. DOI: http://dx.doi.org/10.20414/ujis.v19i1.1250

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