scholarly journals Investigating the Realism or Idealism of Iran's Legislative Criminal Policy

2020 ◽  
Vol 37 (65) ◽  
pp. 288-307
Author(s):  
Ahmadreza Vanaki ◽  
karim Salehi ◽  
Meysam Nematollahi
Keyword(s):  
Criminal Law ◽  
Criminal Policy ◽  
Status Quo ◽  
Religious Values ◽  
Research Technique ◽  
The Status ◽  
The Subject ◽  
Realist Perspective

This document addresses problems and questions that arise about realism or idealism in the context of the criminal policy of the double legislature in Iran, with the aim of revealing the available skills and capacities of the laws that govern the matter. Has the Iranian lawmaker followed an idealistic criminal policy? Is realism what is necessary for a dimensional criminal policy in Iran's criminal laws? What is the solution to the transition from religious idealism to a realist perspective preserving the status quo? What is certain is that, when examining existing criminal law, criminal policy based on religious idealism and dimensional realism can be seen in terms of criminological data; from the oldest data in criminal law to the latest criminal paradigms. Methodologically, documentary research technique and legal hermeneutics were used. It is concluded that traditional theologically based laws and sharia-based oversight bodies need a new dynamism and a new ijtihad. In this study, the dimensions of the subject and the form of transcendence from idealism to realism are given while preserving religious values.

Kantiana of “Voprosy filosofii”

2021 ◽  
pp. 197-209
Author(s):  
Ondrej Marchevsky ◽  
Keyword(s):  
Systematic Review ◽  
Thematic Analysis ◽  
Subject Matter ◽  
Status Quo ◽  
Editorial Boards ◽  
Thematic Units ◽  
The Status ◽  
Academic Philosophy ◽  
The Subject ◽  
Creative Environment

The paper can be seen as a response to the 1994 challenge formulated by A.I. Abramov in his work Kant in Russian Spiritual-Academic Philosophy, where he emphasizes the need to examine reflections on Immanuel Kant’s legacy in var­ious Russian academic and intellectual environments. This study thus joins the existing ones that have covered the dominant tendencies of Russian Kantian studies in such important environments as, for example, academies or journals as Kant Studien, Problems of Philosophy and Psychology and their editorial boards. The paper focuses on one of the journal environments – Problems of Phi­losophy – and it responds to the status quo, i.e., to the fact that this important and still living creative environment has not been the subject of a systematic review in the context of the study of Kant’s creative legacy. The paper is not an overview or chronological summary of works but it uses the approach of subject-thematic analysis to reveal the main pillars of the interest in Kant. The author identifies thematic units, areas, and contexts that become the subject matter of critical and creative interest of the authors in this philosophical journal and within them he tries to bring a closer look at particular works that deserve further evaluation.

Die Koppelung von Jugendarrest und bedingter Jugendstrafe als sog. "Warnschussarrest" gem. § 16a JGG

2020 ◽  
Author(s):  
Julia Schmidt
Keyword(s):  
Empirical Study ◽  
Criminal Law ◽  
Juvenile Court ◽  
Case Analysis ◽  
Juvenile Detention ◽  
Status Quo ◽  
Legal Requirements ◽  
Detailed Case ◽  
Empirical Level ◽  
The Status

As of 7 March 2013, the possibility of combining juvenile detention and a suspended juvenile sentence as regulated in § 16a JGG was added to the system of sanctions under juvenile criminal law. Based on the central arguments in favour and against the so-called “Warnschussarrest”, the author analyses the regulation of § 16a JGG on a normative and empirical level. Specifically, the legal requirements in § 16a JGG and its compatibility with the sanction regime of the JGG are discussed. The focus is on a broad-based empirical study of the implementation in Bavaria, which examines the status quo of § 16a JGG by means of a detailed case analysis, a survey conducted with Bavarian juvenile court judges and interviews with experts in the relevant juvenile detention centres. It also considers the question of recidivism after such a conviction. The author concludes the work with a proposal on how § 16a JGG can be improved.

scholarly journals Human Resource Business Partner as a Source of Conflicts in an Enterprise – Research Results

2021 ◽  
Vol 26 (2) ◽  
pp. 198-213
Author(s):  
Sławomir Winch
Keyword(s):  
Qualitative Research ◽  
Organizational Culture ◽  
Human Resource ◽  
Goal Attainment ◽  
Status Quo ◽  
Business Partner ◽  
The Status ◽  
The Subject ◽  
Over Time ◽  
Selection Of

The article elaborates on a thesis that development of new functions of the Human Resource Business Partner (HR BP) generates conflicts in three areas of operation of an enterprise: the structure, organizational culture, and goal attainment strategy. A commentary on the concept of the HR BP is provided and the functions propounded within its framework are discussed. Based on qualitative research on three large enterprises in Poland, the following strategies for the introduction of changes in the HR BP are the subject of analysis, that is: maintaining the status quo in power relations, expansion of influence over time, and the policy of small steps. It was concluded that an important factor affecting selection of a strategy is the organizational culture described from the perspective of the concept of Trompenaars and Hampden-Turner.

Theatre and Post-Truth: KGB Experiences Reflected in the Production “History Research Commission” Directed by Alvis Hermanis

2021 ◽  
pp. 310-318
Author(s):  
Lauma Mellēna-Bartkeviča
Keyword(s):  
Performing Arts ◽  
Status Quo ◽  
Short History ◽  
Production History ◽  
The Status ◽  
History Of ◽  
The Subject ◽  
Modern Thinking

“History Research Commission” staged by Alvis Hermanis in New Riga Theatre (2019) is an example of post-truth coming onto the theatre stage in terms of a rather sensitive subject – historical traumas and unsolved issues that still influence today’s society in Latvia. Hermanis’s production accepts the post-truth as an inevitable and obvious present framework of modern thinking; meanwhile, the subject itself (“cheka bags”) implies the impossibility to find out any “truth” due to its distorted nature from the very beginning. “History Research Commission” paradoxically leads to conclude that the post-truth approach in theatre might be the most honest in terms of today’s world, where the truth has lost its previous status of value. The article covers the short history of “post-truth” analysed by Ralph Keyes, Lee McIntyre, and Yael Brahms. It aims to apply the notion to performing arts through the example of KGB’s experiences in Hermanis’s production (co-created with the actors of the New Riga Theatre) that seems to accept the post-truth and the tragedy of Western rationalism facing the impossibility to find out the provable truth regarding certain subjects. The message of absurdity to chase the truth in “cheka bags” confirms post-truth as the status quo of our time.

The Description of Formative Judaism: The Social Perspective of the Mishnah's System of Civil Law and Government

AJS Review ◽  
1980 ◽  
Vol 5 ◽  
pp. 63-79
Author(s):  
Jacob Neusner
Keyword(s):  
Civil Society ◽  
Civil Law ◽  
Status Quo ◽  
Systematic Account ◽  
The Social ◽  
The Status ◽  
The Subject ◽  
The Stability ◽  
Definition Of ◽  
The Temple

Mishnah's division of Damages presents a complete and systematic account of a theory of Israelite civil law and government. While drawing on diverse materials of earlier ages, beginning, of course, with the diverse Mosaic codes themselves, Mishnah's system came to closure after the Bar Kokhba War. Like its account of the Temple and its cult, Mishnah here speaks of nonexistent institutions and prohibited activities. There being no Israelite government, Mishnah's legislation for a high priest and Temple, a king and an army, speaks of a world which may have been in times past (this is dubious) but did not exist at the time of the Mishnaic discourse on the subject. The division of damages is composed of two subsystems which fit together logically, one on the conduct of civil society—commerce, trade, real estate, the other on the institutions of civil society—courts, administration. The main point of the former subsystem is that the task of society is to maintain perfect stasis, to preserve the status quo, and to secure the stability of all transactions. In the interchange of buying and selling, giving and taking, torts and damages, there must be an essential equality of exchange. No one should come out with more than he had at the outset. There should be no sizable shift in fortune or circumstance. The stable and unchanging economy of society must be preserved. The aim of the law is to restore the antecedent status of a person who has been injured. When we ask whose perspective is represented in a system of such a character and such emphases, we turn to examine the recurrent subject-matter of the division's cases. The subject of all predicates, in fact, is the householder, the small landholder. The definition of the problems for Mishnah's attention accords with the matters of concrete concern to the proprietary class: responsible, undercapitalized, overextended, committed to a barter economy (in a world of specie and currency), above all, aching for a stable and reliable world in which to do its work.

Resilience in social and economic systems: a concept that fails the cost–benefit test?

1998 ◽  
Vol 3 (2) ◽  
pp. 221-262 ◽  
Author(s):  
NICK HANLEY
Keyword(s):  
Cost Benefit Analysis ◽  
Social Systems ◽  
Cost Benefit ◽  
Status Quo ◽  
Economic Systems ◽  
Benefit Analysis ◽  
Ecological Concept ◽  
The Status ◽  
The Subject ◽  
The Cost

One of the first lessons that students of cost-benefit analysis (CBA) learn is to ask whether projects or policies which they are studying generate additional benefits or costs, relative to the status quo. They are also told to be very careful in defining the project/policy which is the subject of their analysis. In my view, the ecological concept of resilience fails the CBA test, when applied to the study of economic and social systems, because it offers no additional insights to those we have already, and appears to be poorly defined.

Roundtable: The Progress of Heterodox Economics

2000 ◽  
Vol 22 (2) ◽  
pp. 145-148 ◽  
Author(s):  
A. W. Bob Coats ◽  
Roger E. Backhouse ◽  
Sheila C. Dow ◽  
Daniel R. Fusfeld ◽  
Craufurd D. Goodwin ◽  
...  
Keyword(s):  
Status Quo ◽  
Central Theme ◽  
Heterodox Economics ◽  
The Past ◽  
Graduate Curricula ◽  
The Status ◽  
The Usa ◽  
The Subject ◽  
Methodological Approaches ◽  
High Degree

The central theme of this session is the changing relationship between “orthodox” (i.e., mainstream, neoclassical) and “heterodox” economics, especially in the USA, during the past two or three decades. Economics is such a large and heterogeneous discipline that it cannot be characterized both briefly and accurately. Alongside the growth of formalization and mathematization, and the high degree of uniformity in the undergraduate and graduate curricula and in the leading textbooks, there are also within the subject a number of dissenting or deviant doctrinal schools, rival methodological approaches, and innovative developments designed to remedy its defects and/or overcome its limitations. Moreover, many of the outspoken criticisms of the status quo, proposed remedies, and innovations, originate with or are endorsed by prominent economists with impeccable professional credentials. Indeed, in some cases their contributions threaten the discipline's foundations and can, therefore, be considered a species of “orthodox subversion.”

scholarly journals Setting the Edge: How the NCAA Can Defend Amateurism by Allowing Third-Party Compensation

2020 ◽  
Vol 44 (1) ◽  
Author(s):  
Benjamin Feiner
Keyword(s):  
Legal Status ◽  
Status Quo ◽  
Third Party ◽  
College Athlete ◽  
State Laws ◽  
Uniform System ◽  
Legal Challenges ◽  
The Status ◽  
The Subject ◽  
Fair Pay

Part I of this Note describes the NCAA’s formation and its contemporary model. It also discusses the antitrust and labor law challenges the NCAA has faced inlitigation over its existing approach. Part II explores the twin challenges posed by the Fair Pay to Play Act, which cannot be sufficiently addressed through a unilateral NCAA response. The first challenge is the inconsistency in state laws, which undermines any NCAA response that seeks to impose a uniform set of rules across the country. The second is that the Fair Pay to Play Act fails to address existing legal challenges to the NCAA’s amateur model. Therefore, even if the NCAA accepts a change in the status quo, it misses an opportunity to address the increasingly uncertain broader legal status of its restrictions on college athlete compensation. In response to these challenges, Part III contends that the NCAA should more urgently pursue a comprehensive federal legislative compromise that sacrificesrestrictions on NIL compensation in return for statutory protections from further labor and antitrust litigation. This type of federal legislation would have theadditional benefit of preempting state laws on the subject, thus maintaining a uniform system of rules. By losing the battle to win the war, the NCAA will be well positioned for continued viability in the coming decades

scholarly journals IJTIHAD ‘UMAR IBN AL-KHAṬṬĀB DALAM PERSPEKTIF HUKUM PROGRESIF

Al-Ahkam ◽  
2016 ◽  
Vol 26 (1) ◽  
pp. 49
Author(s):  
Tasnim Rahman Fitra
Keyword(s):  
Comparative Method ◽  
Legal Reform ◽  
Status Quo ◽  
Fundamental Difference ◽  
The Status ◽  
The Subject ◽  
The Law ◽  
The Times

<p>This article aims to describe ijtihad ‘Umar ibn al-Khaṭṭāb that have unique characteristics. The ijtihād of ‘Umar was based on the Qur'an and hadith, and the example of salaf al-ṣāliḥīn. The understanding of the naṣ is done by ‘Umar contextually, so as to produce ideas that suit with the needs of ummat and fair. With the comparative method, this paper further compares the ijtihād of ‘Umar with the concept of Progressive Law initiated by Satjipto Rahardjo because of their similar characteristics. The paradigm of Progressive Law is that the law solely to humans, so the law must be present for human’s maṣlaḥat. It’s also reject the status quo in the law. Between the ijtihad of ‘Umar and the Progressive laws in general have similar characteristics, both in terms of interest and the position of man as the subject of law. They are also similar in terms of potential legal reform in accordance with the times, change of venue, and the socio-historical conditions. The fundamental difference of both lies in the meanings of maṣlaḥat and the maṣlaḥat standardization.</p><p><strong><br /></strong></p><p>Artikel ini bertujuan untuk mendiskripsikan ijtihad ‘Umar ibn al-Khaṭṭāb yang memiliki karakteristik yang unik. Ijtihad ‘Umar didasarkan pada al-Qur’an dan hadis, dan apa yang<br />dicontohkan orang saleh sebelumnya. Pemahaman terhadap naṣ oleh ‘Umar dilakukan secara kontekstual, sehingga menghasilkan produk pemikiran yang sesuai dengan kebutuhan ummat dan adil. Dengan metode komparatif, tulisan ini selanjutnya membandingkan ijtihad ‘Umar dengan konsep hukum Progresif yang digagas oleh Satjipto Rahardjo karena dinilai memiliki kesamaan karakreristik. Hukum Progresif memiliki paradigma bahwa hukum semata-mata untuk manusia, sehingga hukum harus hadir demi kebaikan manusia dan menolak adanya status quo dalam hukum. Analisis terhadap keduanya menghasilkan pemahaman bahwa antara ijtihad ‘Umar dan hukum Progresif secara umum memiliki kesamaan karakteristik, baik dari segi tujuan maupun posisi manusia sebagai yang dikenai hukum. Mereka juga sama dalam hal potensi pembaharuan hukum sesuai dengan perkembangan zaman, perubahan tempat, dan kondisi sosio-historis. Perbedaan mendasar pada keduanya yaitu makna maslahat dan<br />standarisasi maslahat yang menjadi landasan.</p>

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