Individual Wills Research Articles

Women's Right to Terminate Marriage by Individual Will According to Saudi Family Law

The issue of protecting women's rights has garnered extensive attention from international organizations, particularly the United Nations, through a range of international covenants and agreements, most notably the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Since the provisions of these declarations and agreements mandate equality between men and women upon the dissolution of marriage and prohibit discrimination against women in ending a marriage, and given that the marriage and divorce system in Islamic societies is religious, based on the sacred texts of Islamic Sharia, Islamic countries have attempted in their national laws to grant women the right to end the marital bond in a manner consistent with international agreements on one hand, and not in conflict with Islamic Sharia on the other. This study highlights the efforts of the Kingdom of Saudi Arabia in supporting women's right to unilaterally terminate a marriage, in line with the provisions of the international agreements to which the Kingdom is a party, while also adhering to the sacred Islamic texts relevant to this context. The Saudi legislator has selected jurisprudential interpretations and explanations of Islamic texts that support this direction, avoiding strict interpretations and opinions on this issue, to balance as much as possible between the provisions of Islamic Sharia and the demands of modernity and development. This has resulted in a means that aims to establish balance upon the dissolution of a marriage. The study concluded that Saudi Arabia has made significant progress in this area, and it can ensure more rights for women by exploring non-strict religious opinions and jurisprudential interpretations.

The Importance of Individual Will in Establishing Future Vision

Organisations' future visions should consider the needs of both internal and external stakeholders. However, the individual wills of the organisation's employees - each being members of related projects involved in realising these visions - are often not considered. This article introduces a process for incorporating the individual wills of project members into the future vision through workshops, and discusses three main challenges as well as their solutions.

‘The most elemental process’: Sunshine as solar melodrama

ABSTRACT Of the various criticisms that have been levelled at Danny Boyle’s Sunshine (2007), a common complaint is that the film’s narrative descends from the cosmic heights of its setup – the dying sun must be resurrected explosively by a team of intrepid astronauts lest Earth freeze over – to the histrionic depths of its ending, in which the improbable return of a Kurtz-like individual grounds the plot as a struggle of individual wills. For several critics, the third act of the film becomes the locus of the melodramatic, here framed pejoratively as that which chafes against the scientific realism of the film more generally. However, in this paper I argue that melodrama in Sunshine cannot be compartmentalised in this way, but instead functions as a mode, revealing itself subtly in a number of technical and stylistic components that punctuate the emotional ebb and flow of the plot from the outset. While the film’s attempts at astronomical accuracy might seem to suggest its adherence to the reality principle, here I contend that the problem of narrativising the death of the solar star sends it into the orbit of melodrama well before its final sequence.

Musical Poetics in ‘Four Quartets’: A Transcendence of the Individual Will

Musical Poetics in ‘Four Quartets’: A Transcendence of the Individual Will

Rousseau’s lawgiver as teacher of peoples: Investigating the educational preconditions of the social contract

This paper argues that Rousseau’s lawgiver is best thought of as a fictional teacher of peoples. It is fictional as it reflects an idea that is entertained despite its contradictory nature, and it is contradictory in the sense that it describes ‘an undertaking beyond human strength and, to execute it, an authority that amounts to nothing’ (II.7; 192). Rousseau conceives of the social contract as a necessary device for enabling the transferal of individual power to the body politic, for subsuming individual wills under the general will, and for aligning the good of the individual with the common good. For the social contract to be valid, however, it needs to be preceded by a desire to belong to a moral community that can induce people to join willingly, and that will grant legitimacy to the laws established. If the social contract is the machinery that makes the body politic function, the lawgiver is ‘the mechanic who invents the machine’ (II.7; 191). In this paper we will look closer at the pedagogical functions of Rousseau’s mythical lawgiver by first examining the relationship between the social contract, the general will and the lawgiver. Then, we aim to flesh out a pedagogical understanding of the figure of the lawgiver by way of the two educational dimensions of accommodation and transformation. Finally, we will argue for the importance of understanding Rousseau’s lawgiver as a fictional device allowing for the fundamental and enduring educational task of balancing between the preservation and renewal of society.

Decisions of the General Meeting of Shareholders in a Limited Liability Company, Legislative and Doctrinal Aspects

The decisions of general meetings embody the social will, which is forged in the course of debates through the joint, collegial effort of the participating members, driven by a unitary interest of the limited liability company. The resolutions of general meetings have therefore been described as collective legal acts, the manifestation of a collective will, which incorporates the individual wills of the members who participate together in its conclusion and which is formed on the basis of the majority principle, according to which the majority signifies the will of society, governed by a general interest, which justifies the sacrifice of the minority of members. This is also the reason why resolutions are binding on members who did not attend the general meeting or who voted against the majority decision and asked for it to be included in the minutes of the meeting, provided that they were validly adopted.

Willingness to Pay for Improving the Quality of Pasir Putih Beach Tourism Objects in Manokwari Regency

This study examines tourists’ willingness to pay (WTP) related to efforts to develop and improve the environmental quality of Pasir Putih Beach. A sample of 100 respondents found that their overall willingness to contribute amounted to IDR 13,100,000, with an average individual willing to contribute IDR 131,000. Further analysis revealed that income and education factors positively and significantly influence WTP. This indicates that individuals with higher income and education tend to contribute more to the sustainability of the tourist attraction. However, perception factors related to facilities and cleanliness and the distance of residence from the tourist attraction did not show a significant influence. Most respondents prefer to pay Rp 100,000 to Rp 300,000, while no one is willing to contribute in the Rp 400,000 - 500,000 range. These results indicate the urgency for managers and local governments to consider infrastructure and facility improvements at Pasir Putih Beach as a strategy to increase WTP and financial support from tourists

In the Service of All Life

Abstract This paper explores and attempts to propose a NeoPagan, or Contemporary Pagan, ethics of abortion. As a still relatively new religious movement, Contemporary Paganism and the various earth-centered religions (including Wicca) that fall under that umbrella are continuously in the process of creating theology, morality, and practice. Within the religious landscape of the United States in particular, this means engaging with the fraught issues of reproductive healthcare broadly and abortion specifically. This article explores the paradox of Contemporary Paganism’s overall ethic of affirming life and holding all life sacred while also giving primacy of place to individual Will, bodily autonomy, and personal and sexual freedom—ethical principles that lead the overwhelming majority of practitioners to adopt a pro-choice stance. The article describes an ethics of abortion in which Contemporary Pagans find that their pro-life politics and their life-affirming spirituality are not paradoxical but in fact are a coherent whole.

The existential turn in philosophy of education: In defence of liberal autonomy

Abstract In recent years, there has been a marked shift in concern among some philosophers of education from political transformation to personal transformation. In the past, critics of liberalism, both egalitarian and communitarian, promoted political, social, economic and educational reform—but always subscribed to the freedom of the individual, the sovereign subject, to seek fulfilment. Now, influenced by an existential turn in the work of Heidegger, Sartre and Levinas, which originates in Hegel's dialectic of freedom, and postmodernist notions of transgressive self-creation, proponents of personally transformative education call for a decentring of the egoistic self so that we might recreate ourselves as ethical beings whose unconditional obligations are to ‘the other’ in a shared world. However, this vision of idealised existential subjects stripped of contingent worldly attachments and selfish egocentric impulses, enjoying idealised ethical relations and what I term ‘existential freedom’, is radically undetermined. It could only be achieved if individual wills were merged into a collective will or consciousness, and personal autonomy was eliminated. Meanwhile, crucial educational and political questions concerning how the practical affairs of autonomous individuals—real people—should be managed in a liberal democracy, and how young people should be educated for responsible citizenship, are neglected (at least among those influenced by the existentialist turn), as the formative and socialising functions of education are undermined. I conclude that the existential turn towards personally transformative education leads us nowhere.

Planejamento reprodutivo em área indígena e a busca pela atenção diferenciada: os dilemas entre desigualdade e diferença

Abstract Differentiated care is a fundamental principle for a non-colonizing care of the Indigenous populations. One of the challenges within this field is reproductive planning since it involves tensions between collective and individual wills, as well as between authority and autonomy, especially with the more continuous insertion of professionals with the Programa Mais Médicos (More Doctor Program), as occurred in the Yanomami Territory. This article aims to discuss the aspects involved in a differentiated care regarding reproductive planning by comparing the work of health professionals in Indigenous and non-Indigenous areas. Thus, an ethnographic case study was conducted based on participant observation of the teams’ practice, accessed via the Programa Mais Médicos Supervision, and interviews with six professionals, selected for the diversity of their profile. From the content analysis, three categories were identified: difference and inequality, similarities, and challenges. These divisions allows for the notion of physiological comparison, which generates a biomedical approach, encompassing the confusion between difference and inequality, the aspect responsible for favoring colonization and the denial of rights - and even the understandings of professionals about the culture - which permeates the intercultural dialogue.

Индивидуални решения и колективен избор в историята на икономическата мисъл

This paper highlights the difficulties encountered in building individual decisions. In addition, possible incompatibilities can be found between individual choices and collective choices. Therefore, focus will be placed on how to transfer an analysis of rational individual choice in the context of collective choices. Voting is usually the most used expression of individual wills to arrive at the formulation of a collective decision. The model used highlights the paradox of electoral participation and hence the benefit of ‘no vote’. Along the path, the difficulties encountered when one tries to transform individual preferences into collective choices through certain procedures will be examined. Therefore, other pathways should be identified in order to describe a number of decision-making procedures in the most appropriate possible way.

You are not my type: A critical discourse analysis of UK media representations of immigration, before and post Brexit

This paper presents a critical discourse analysis of high circulation news media sources in the United Kingdom, during the period of Brexit (2016 – 2020). A recent study has found that the type of newspaper read corresponded with a person’s vote in the 2016, Brexit election (Pruitt, 2019). Considering the close link between the media, public opinion and legislation, it is necessary to analyse media discourses to understand the underlying power relations of today’s society and how they influence the average person’s values (Fox et al., 2012; Gabrielatos & Baker, 2008). The dominant discourse found, describes the type of immigrant desired in Britain. The post-Brexit ‘good’ immigrant is described as a hard-working, educated individual willing to adopt British culture and identity, while discussions centre around the need to place a cap on student and work visas to manage immigration. In contrast, low wage workers are seen as ‘bad’ immigrants who are often associated with crime and living off of the welfare system. This article argues that the content of the British Press reflects the current socio-political, neoliberal context where neoliberal values outweigh humanitarian values. This research points out significant contradictions in media discourse regarding immigration. Such contradictions confuse the public whilst also reflecting Britain’s Western supremacist desire of a pick and choose immigration system which only benefits the British economy.

Power and Cultures of the World. Developing New Social Architectures of Influence in the UN: A Network Analysis

The most important sociologists have discussed whether it is the social structure that produces individual behaviours or the latters are only the results of individuals’ will. In the literature of international relations, as well, a similar debate about the structure-agency problem has developed: in this context, the central question is whether or not there exist external sources of influences for the decisions that states take in international politics. This article, by sharing an integrative and post-structural approach (Archer, 1995; Foucault, 1970) proposes an empirical analysis of the formation of power architectures within the UN-SC surrounding the question of Intercultural Dialogue. A Social Network Analysis checks whether the way actors exercise power is concurrently the result of individual wills whose contents follows both institutional and cultural conditioning. Findings show that there is not a fixed structure of power relations which can be given for granted but it is continuously negotiated through both practices and social interactions. However, both institutional and, above all, cultural factors shape power relations.

‘The Nation will always prevail’, Representation, participation and contestation in the Belgian Constitution of 1831

Summary The exact nature of the concept of sovereignty enshrined by the Belgian Constitution of 1831 has recently become the object of academic debate. This article takes a stand in this debate by analyzing the representative system instated by the constituent National Congress. It is argued that the congressmen attributed primacy to the legislative Chamber because it concentrated in its midst all the individual wills of the people in order to express the general will or the wish of the Nation. Importantly, though, parliament was not the only representative of the national will, neither was it considered completely self-contained. Parliament’s expression of the national will was subject to constant evaluation by public opinion. When the assembly failed to respond to popular grievances, other representatives were qualified to address the issue: the king could disband the Chamber or pronounce his veto when the national interest required it. The jury, assessing press or political related crimes, could correct oppressive governmental action. And if all of this failed – and only then – the nation could ultimately resist and take directly matters in its own hands. Thus, it is argued that the character of sovereignty in the Belgian state system was ultimately popular.

중국호텔종사원이 지각하는 불완전취업이 경력몰입에 미치는 영향에 있어 사회적 자본의 조절효과에 관한 연구

It is very important for the companies that share of human resources is high like hotels to understand the career commitment in the employees who acknowledge underemployment. Studies will be significantly meaningful theoretically as well as practically in the subjects of Chinese hotel industry that is rapidly growing but reported with underemployment. In addition, career commitment of the employees are not generated only with individual wills. Degree of their commitment can be maximized when they are supported physically by collaboration with peers, trust building, and so on to use multiple resources within the organization, which may play a significant role to enhance the organization performance. Therefore, seeking mediation variables to affect the employees’ behaviors and attitudes in the organization are very important task. The concept of social capital can be an example. Upon the analysis results of collected data, underemployment showed negative influences on career commitment. In addition, social capital was analyzed to mediate the relationships between underemployment and career commitment. According to the research results, Chinese hotel companies need to make efforts to prevent the negative impact of underemployment.

Dominio, obbedienza, mansuetudine. Effetti dell’immagine del "Christus hortulanus" tra Cinquecento e Seicento

Starting from the frontispiece of a 16th century translation of Aristotle’s Politics, depicting the scene of Christ appearing to Mary Magdalene as a ‘gardener’ (Jn 20:15), this essay aims to outline a possible reading path in order to describe the meanings and purposes of the image. More precisely, it examines the convergence of issues relating to the limits of political action and voluntary servitude in treatise writers, lexicographers and philosophers between the late 16th century and the early 17th century. An elusive invitation to obedience and moral surrender lies behind the longed-for return to a state of nature prior to sin: only by renouncing the active sphere of the individual wills, as well as the disruptive forces coming from the internal passions and the private interests, will it be possible to guarantee the members of the social body a greater, albeit indirect, political solidity.

Real Unity and Representation in Hobbes, Schmitt, and Barth

Recent Hobbes scholarship argues that legal rationalism is the key to understanding his concept of representation; the commonwealth entails the sum total of the individual wills who compact to crea...

Pengaruh Motivasi pada Penilaian Prestasi Kerja Karyawan PT. INHUTANI II Kotabaru Kalimantan Selatan

This research discuses about motivatin of staff PT. INHUTANI II Kota Baru Kalimantan Selatan the objective of this research is to analyze the influence of physic need variables (X1), safety need (X2), social need (X3), appreciation need (X4), self actualizing need (X5). The motivation is defined as the personal condition of someone backing up the individual willing to do particular activities for reaching a purpose. In order someone being able to be motivated to do something, it need to know the weakness inside the individual that is need. From the resesarch simultaneously affect the motivation and partially take effect significant on employee performance staf PT. INHUTANI II Kota Baru kalimantan Selatan with sign 0,000 and correlation coefficient between 0,41 to 0,60 are included in the category being and accompanied by significance (sig) 0,000 < 0,01.

DECONSTRUCTION OF CALLIGRAM AND LEGAL FIELD (ANALYSIS OF STRUCTURAL DYNAMICS)

The application of the principle of intertextuality in the hermeneutic ontology of law is an attempt to impart dynamism to law in order to better manifest its essence. During the study, all forms of being of law – an event, norm, process, action, decision – are considered as a performative nomological metatext. This text should be interpreted by the subject of law in the process of understanding the person’s existence. The deconstruction of the reality of law in its various dimensions and structures allows us to comprehend the whole diversity of meanings and the multifaceted nature of the existence of law, to feel the specific historical character of law, its spontaneous situational breathing. The law is such that it changes with reality, man and life.The reality of law manifests itself as a set of symbolic systems of diverse nature, they enter into interaction with each other in a performance that is artificially constructed by an understanding person. A legal text focused on the regulation of the individual wills of subjects must always be adapted to their spontaneous nature, and also directed at the specific manifestation of the legal person in all its unpredictability. Thus, the meanings of the performative legal text flicker along with the numerous free actions of those who realize and understand the law. The intrinsic value of law manifests itself depending on the effectiveness of the «articulation» of the forms of law and its means in achieving justice.Deconstructive analysis of the law is aimed at distinguishing separate realities of law: social-practical (act, action), normative-institutional (law, norm), symbolic-interpretational (legal decision, process). Symbolic reality of law (this is a text) in the deconstruction acts as a dynamic space and demonstrative and formation of law, the field of its infinite self- manifestation. The deconstruction gives the possibility of the reverse movement in the horizon of law: the movement from the ready legal meaning to the reality of the event of law. With the help of a conditional opposition of all its realities (the legal decision – norm – act), the law manifests it’s the authenticity. The authenticity spills through the crevices between the uncoordinated layers of his existence, which are deconstructed.The legal text as a semantic reality has its own characteristics and expressive possibilities – a certain performativity. The performativity of law is manifested primarily in its simulative mode of being-proper. The being-proper is potentially aimed at the norm and absolutely concrete action leading to the application of this norm. It is the performative legal text that adequately reflects the dynamism of the reality of law. The legal text or statement is considered here as a virtual existence of law, due to the arbitrary operation in it of logical modalities. The word and image in the performative text are intertwined in a holistic, dynamic installation, which determines the completeness of the existence of law, confidence in its fairness, naturalness, and significance. The deconstruction of a legal event makes it possible to catch the reference of an action to its consequences – the flickering of the existence of pure law. The essence of the law-proper is not forcedness and inevitability, but is an absolute possibility, an unlimited field of probability, the potentiality of reconciliation, the freedom of meanings and rights.

ИЗАЗОВ ЗА НАЦИОНАЛНУ БЕЗБЕДНОСТ У КОНТЕКСТУ ГЛОБАЛИЗАЦИЈЕ НЕОЛИБЕРАЛНОГ ФУНДАМЕНТАЛИЗМА

Transformation towards a social order based on neoliberal values in the states of east Europe has resulted in most cases in the harm for Orthodox-Christian communities. The basic thesis is that neoliberalism represents the value negation of Orthodox Christianity, due to which its universalization is characterized by a militarized approach. The examination of this hypothesis includes the analysis of the consequences of the universalization of neoliberalism in Orthodox Christian communities and in the international system. The obtained results indicate that neoliberalism requires the institutionalization of autonomous individual wills and their associations, which undermines value foundations of Orthodox Christian societies. The findings represent sufficient ground for concluding that violent imposing, even at the cost of destruction of traditional societies, is an immanent characteristic of the implementation of rigid neoliberal value system in Orthodox societies.