Download Standing Trial: Law and the Person in the Modern Middle East by Baudouin Dupret (ed.) PDF

By Baudouin Dupret (ed.)

This paintings specializes in the connection among the legislations and the idea that of the individual in glossy Arab societies. It without delay addresses the questions of continuities, adjustments and ruptures of such notions. legislation plays a relevant functionality in revealing social and old dynamics and in being itself a device of its implementation. The advent of Western-style felony structures in part resulted in a transposition of features of centrality, individualism and secularism. status Trial is the 1st really interdisciplinary research of its topic, combining felony, historic and socio-legal views.

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Therefore, this idea must, according to Sandel, give way to a constitutive concept of subjectivity that portrays the identity of the ‘me’, of the subject and of the person as the product of a combination of history, culture and, even, chance. It is a question of a self in the context of all its social attributes. Far from preceding its ends, the self is unavoidably composed of them, including the values, which form the base and give meaning to the community to which it belongs. The self is always embedded and located in a sociohistorical context.

437. Rorty, 1976, p. 309. 33 STANDING TRIAL 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 Ibid. Locke, 1968, II, XXVII, § 26. Dumont, 1983, p. 88. Ricœur, 1995. Ricœur, 1995, p. 32. Ricœur, 1995, p. 34. Ricœur, 1995, p. 35. Rommel, 1999. Rommel, 1999, p. 63. Aubry and Rau, 1936, I, p. 305. Aarnio, 1987, p. 28. Rommel, 1999, p. 62. Rommel, 1999, p. 63, who quotes Kelsen, 1962. Foucault, 1966. Teubner, 1992. Rommel, 1999, p. 67. Rommel, 1999, p.

297. On this particular point, law must play a fundamental role and, in conclusion, we may underscore the extension of the field of regulations carried out by the legal process of codification. The fruit of this monopolistic and centralised element of power, the code is a system of rules put in writing to reinforce their imperativeness notwithstanding the question of their effectiveness. In that, it is different from the textbook on ethics which, because of its need to prescribe common practice, reflects instead on a loosening of restraint whose element of control moves away from the individual and opens a space for withdrawal (Burguière, 1998, p.

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