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Law is a social phenomenon
Law is a social phenomenon
Sociology jurisprudence and sociology of law
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Axiologie et Pédagogie du Droit
ABSTRACT: Le droit, considéré comme un ensemble de régles-normes ayant force ogligatoire et contraignante, régit les rappoerts entre les hommes dans une société donnée. En même temps, il est porteur à la fois de l'image d'organisation des rapports sociaux familiaux, économiques et politiques (structure de base de la societé), et des valeurs. A ce titre, le droit constitue un type-idéal qui, inscrit dans les textes (droit positif-objectif) et enraciné dans la conscience des individus, remplit les fonctions générales de la régulation sociale, de la résolution des conflits, de l'intégration sociale et de la reproduction des structures sociales. En suivant l'enseignement d'Aristotle, le droit en tant que véhicule de valeurs peut et doit contenir la valeur suprême de la vertu qui est au principe du bonheur humain. L'État est, donc, tâché d'enseigner moyennant la loi (droit positif) la vertu tant intellectuelle qu'éthique. Ainsi, le droit devient un moyen d'éducation et remplit, outre ses fonctions générales, les fonctions pédagogique et axiologique en contribuant de cette manière à la réalisation du bonheur des citoyens, La vertu, incorporée dans le droit, s'avère la condition sine qua non de l'actualisation de toutes les valeurs contenues dans le droit, telles que démocratie, liberté, justice sociale, respect de la personne et ainsi de suite.
INTRODUCTION
polla/ ga para touj e)qismouj
kai th fu/sin pra/ttousi dia/
to lo/gon e)a peisqw=sin a)llwj
e)xein be/ltion
ARISTOTE, Polit., H 7, 1332b7-9
On définit d'habitude le droit comme un ensemble de règles de conduite qui, dans une société donnée, régissent les rapports entre les hommes de manière normative, obligatoire et contraignante. (1) Néanmoins, dès que nous le traitons en tant que discours porteur de l'image organisationnelle du monde social et véhicule de valeurs, (2) ses fonctions sociales changent considérablement,
Étudier le droit dans l'ensemble de ses fonctions sociales tout en le rattachant au monde des valeurs, c'est quitter l'espace du positivisme juridique pour entrer dans celui de la sociologie et de la philosophie du droit, et répérer les véritables possibilités du discours juridique. Ainsi, après avoir examiné les fonction générales du droit (I), l'on passera à l'étude de ses fonctions axiologique et pédagogique (II). Dès lors, le droit cesse d'être un instrument d'imposition d'une volonté à une autre à l'aide de l'institution étatique et devient un moyen civilisé de façonner la conscience des hommes.
I. LES FONCTIONS GÉNÉRALES DU DROIT
Dans le droit est incorporé l'image que les agents sociaux se font relativement à l'organisation des rapports sociaux familiaux, économiques et politiques, qui constituent la structure globale (3) ou la structure de base de la société (4) et qui forment l'objet de la justice.
Imagine that rational actor X has been charged with the responsibility of developing the guiding principles for a totaly new type of social contract for today’s society. Is there a way for actor X to perform this task in a truly equitable manner? Consider that “with respect to any complex mater of deep human importance there is n o ‘innocent eye’ —no way of seeing the world that is entirely neutral and free of cultural shaping.” 1 As an entrenched member of a particular culture the complete removal of personal biases and prejudices from within the human psyche is not possible; nonetheless, it would of course be necessary to take steps to at least minimize their effects. In his 1971 book, A Theory of Justice , John Rawls suggests that exactly this type of reduction is possible by figuratively stepping behind a ‘veil of ignorance’ int o what he labels the ‘original position’ —this paper is an introduction to the contractarian thinking of John Rawls and its relation to the original position as expressed in his 1971 book, A Theory of Justice.
ABSTRACT: To overcome the gap between norms and facts, Habermas appeals to the medium of law which gives legitimacy to the political order and provides it with its binding force. Legitimate law-making itself is generated through a procedure of public opinion and will-formation that produces communicative power. Communicative power, in turn, influences the process of social institutionalization. I will argue that the revised notion of power as a positive influence that is produced in communicative space runs contrary to Habermas’ original concept of power in his theory of communicative action where power is understood as a coercive force that has to be avoided in order for the discursive situation to prevail. As such, I believe that the introduction of communicative power and its close tie to ‘legitimate law’ and political system greatly reduces our critical ability with respect to political systems as exercised in liberal-democratic states. In addition, I will argue that his revision alludes to a redrawing of the boundaries between the life-world and the system in favor of the latter, and consequently indicates a shift to the right in Habermas’ latest work.
Health care reform has been a major issue over the past decade. The Nursing industry has in particular experienced a period of unpredictable change. On Dec 24, 2009, a landmark measure was passed in the senate by a vote of 60 to 39. This decision to pass the health care reform will change America forever. Nurses will constitute the largest single group of health care professionals. They will have a huge impact on quality and effectiveness in health care. The nursing industry will help hold this new program together by acting as the glue (The nursing industry will be the glue holding the new health care in tact.) It is estimated that by 2015 the number of nurses will need to increase to over 4 million. Nurses are the backbone of the health care industry thus creating better polices for this profession will help ease the workload and high demand. A nurse’s main concern is always to insure quality care and the safety of their patients. Under the new health care reform several new measures have been set into place to ease the transition and improve the quality of care for all patients. One program is designed to fund scholarships and loan programs to offset the high costs of education. Nursing shortages and the high turnover has become a serious epidemic. Health care reform is supposed going to solve many of these problems.
Current literature continues to reiterate the indicators of a major shortage of registered nurses (RNs) in the United States. The total RN population has been increasing since 1980, which means that we have more RNs in this country than ever before (Nursing Shortage). Even though the RN population is increasing, it is growing at a much slower rate then when compared to the rate of growth of the U.S. population (Nursing Shortage). We are seeing less skilled nurses “at a time of an increasingly aging population with complex care needs and an increasingly complex technological care environment” (Mion). According to recent data from the Bureau of Labor Statistics and the Department of Health and Human Services, it is estimated that “more than a million new and replacement nurses will be needed over the next decade” (Diagnosis: Critical).
Carl von Clausewitz, “What is War?” On War. Edited and translated by Michael Howard and Peter Paret, 89-112. Princeton, NJ: Princeton University Press, 1976.
With the passage of the Affordable Care Act, more Americans than ever now have access to healthcare services. This may seem like a good thing since nurses play such a vital role in the administration of preventative and routine care (two of fastest growing areas of healthcare). But in reality, the United States has a massive nursing shortage and the problem is likely to only get worse. Due to the influx of patients into the healthcare system and the aging and retirement of baby boomers, nursing positions aren't being filled fast enough to keep up with demand. In fact, 2-3 million baby boomers will age into Medicare every year for the next 30 years. For this reason, the need to fill nursing positions will outpace nearly all other fields.
Augustine’s just war theory, jus ad bellum and jus in bello, provides a series of criteria of which, in theory, must be met in order for a war to be considered just. The criterion is then separated into two segments. Jus ad bellum refers to the morality surrounding going to war or when is going to war justified. Jus in bello refers to the moral conduct within war or how does one conduct a just war. When going to war and conducting war, these principles and guidelines must be followed or the morality of the war is not considered just by Augustine’s doctrine. However, there are many criticisms of Augustine’s principles.
The New World, a place of reimagined beginnings and a chance to reform yourself, is often told to have been discovered by than none other than Christopher Columbus when “in 1492 [he] sailed the ocean blue.” The way we look at America now bases itself very heavily off of this belief and the education that came with it. More recently it has been shown that it does not matter whether this is even true historically. There are many disputes to this claim. However, it is a part of the history we grow up hearing about alongside the tales of Plymouth Rock, George Washington, and the Boston Tea Party. These stories have become an essential part of the American Identity, but why? Every nation creates a narrative, a construct of themselves that they present
The subject matter of the “Republic” is the nature of justice and its relation to human existence. Book I of the “republic” contains a critical examination of the nature and virtue of justice. Socrates engages in a dialectic with Thrasymachus, Polemarchus, and Cephalus, a method which leads to the asking and answering of questions which directs to a logical refutation and thus leading to a convincing argument of the true nature of justice. And that is the main function of Book I, to clear the ground of mistaken or inadequate accounts of justice in order to make room for the new theory. Socrates attempts to show that certain beliefs and attitudes of justice and its nature are inadequate or inconsistent, and present a way in which those views about justice are to be overcome.
Nursing profession has made leaps and bounds since I embarked onto the field of nursing in 1993. While I was proud of being a nurse, I did not feel the need to be ambitious nor competitive in my field. Aside from the well known fact about the nursing shortage, I was not familiar with the numerous advancements that had been made by the profession. Most recently, I have come to realize how sophisticated and respected nursing profession has become. Today, nurses as the highly valued commodity, need to be available to skillfully meet the challenging needs of the public. It has now become clear that nursing is engaged in the process of reshaping its function and form to accommodate the dynamic healthcare needs. I am convinced that nursing education is the key that will unlock the essential components in transforming the culture and practice of nursing.
The early philosophers recognized that the “great commonwealth,” the union of citizens under ethical rule, would take a long time to achieve, but believed that it might be constantly improved by practicing the “rectification of names.” This is the examination of the be...
Throughout the work, Hythloday presents a society organized to overcome the flaws of human nature. This society has been carefully thought out by More -- as the author of the work -- to help avoid the problems associated with human nature. Individual human appetites are controlled and balanced against the needs of the community as a whole. In other words, More attempts to describe a society in which the seven deadly sins are counterbalanced by other motivations set up by the government and society as a whole.
Law is the foundation of central structures of social life on which society’s integrity depends, which is why Petrazycki, Ehrlich and Habermas perceive it to be a key steering mechanism in society,
Being a registered nurse affords one the option of working in many diverse healthcare settings. In any practice setting the climate of health care change is evident. There are diverse entities involved in the implementation and recommendation of these practice changes. These are led by the Robert Wood Johnson Foundation (RWJF), the Institute of Medicine (IOM), nursing campaign for action initiatives, as well as individual state-based action coalitions. Nurses need to be prepared and cognizant of the transformations occurring in health care settings as well as the plans that put them at the forefront of the future.
Auditing has been the backbone of the complicated business world and has always changed with the times. As the business world grew strong, auditors’ roles grew more important. The auditors’ job became more difficult as the accounting principles changed. It also became easier with the use of internal controls, which introduced the need for testing, not a complete audit. Scandals and stock market crashes made auditors aware of deficiencies in auditing, and the auditing community was always quick to fix those deficiencies. Computers played an important role of changing the way audits were performed and also brought along some difficulties.