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Abstract This article answers the following question: why were institutions of freedom not invented in the Orient but in occident?
It upholds that Christianity predisposed the West to discover institutions of freedom when Islam didn’t. In the first section
it explains the decline and economic rise of the Orient and Occident as derived from Kant’s hypothesis (2.1) and geographical conditions (2.2). It explains in the second section the invention of institutions of freedom in Europe by two moral innovations: the secularising
of law and the invention of the individual (3). The secularising of law was the result of Christian property theology which recognised man’s place in God’s creation (3.1). Secularising of politics and the Christians’ desire for autonomy vis-à-vis political authorities originated in individual rights being conceived as normal and incited man to insist upon respect from
public authorities. The advent of individual rights was at the origin of the implementation of a secular constitutional right
applying to all men, even the sovereign (3.2). The third section explains why political and social Islam did not predispose Muslims to discover the institutions of freedom,
capitalism. Islamic law distanced the Orient from capitalism as it developed a religion of community salvation hostile to
individualism and its rights (4.1); it never disassociated the rule of God from the rule of law (4.2) and it did not consider individual rights sacred or private property (4.3). The article concludes with the way in which economic theory could conceive of the religion variable in economic growth
and development (5).
- Content Type Journal Article
- DOI 10.1007/s10657-009-9113-y
- Authors
- Francois Facchini, University of Reims Reims France
Abstract Legal socialization theory predicts that attitudes mediate the relation between legal reasoning and rule-violating behavior
[Cohn, E. S., & White, S. O. ( 1990). Legal Socialization: A Study of Norms and Rules. New York: Springer-Verlag]. Moral development theory predicts that moral reasoning predicts rule-violating behavior directly
as well as indirectly [Blasi, A. ( 1980). Bridging moral cognition and moral action: A critical review of the literature. Psychological Bulletin, 88, 1–45]. We present and test an integrated model of rule-violating behavior drawing on both theories in a longitudinal study
of middle school and high school students. Students completed questionnaires three times during the course of 1 year at 6-month
intervals. Legal and moral reasoning, legal attitudes, and rule-violating behavior were measured at times one, two, and three
respectively. Structural equation models revealed that while moral and legal reasoning were directly and indirectly related
to rule-violating behavior among high school students, legal reasoning bore no direct relation to rule-violating behavior
among middle school students. The implications for an integrated model of reasoning and rule-violating behavior are discussed.
- Content Type Journal Article
- Category Original Article
- DOI 10.1007/s10979-009-9185-9
- Authors
- Ellen S. Cohn, University of New Hampshire Psychology Department Conant Hall, 10 Library Way Durham NH USA
- Donald Bucolo, University of New Hampshire Psychology Department Conant Hall, 10 Library Way Durham NH USA
- Cesar J. Rebellon, University of New Hampshire Sociology Department Horton Social Science Center, 20 Academic Way Durham NH USA
- Karen Van Gundy, University of New Hampshire Sociology Department Horton Social Science Center, 20 Academic Way Durham NH USA
Abstract This paper analyzes gangs in Nigeria, providing an updated examination of their current strategies and activities. The premise
of this analysis partly draws on Social Identity Theory, with respect to gang affiliation. Particularly [...]
Abstract Two elderly sisters who lived together complained of discrimination on the ground that, when one of them died, the other would
face a heavy inheritance tax bill, unlike the survivor of a marriage or civil partnership who enjoys a [...]
Abstract The existence of ‘postnatal’ or maternal depression (PND) is contested, and subject to various medico-legal and cultural definitions.
Mothers remain subject to complex systems of scrutiny and regulation. In medico-legal [...]
Abstract In the late nineteenth century, economic analysis of law experienced an outright rejection by the German-speaking legal community.
In the second half of the twentieth century, it became a dominant approach in American legal inquiry. We argue that this success
was partly due to the insights of Austrian economics which the second wave of law and economics has incorporated. We argue
that Austrian legal and economic scholars marked the two cornerstones between which the subsequent discussion oscillated:
social planning versus evolution (spontaneous order).
- Content Type Journal Article
- DOI 10.1007/s10657-009-9110-1
- Authors
- Michael Litschka, Competence Center for Human Capital Research Kierlingerstr. 87 3400 Klosterneuburg Austria
- Kristoffel Grechenig, University of St. Gallen Department of Law Bodanstr. 4 9000 St. Gallen Switzerland
Abstract This note examines the decision of the Court of Appeal in Tabernacle v Secretary of State for Defence (2009). The court held that byelaws prohibiting camping on Ministry of Defence land adjacent to the Atomic Weapons Establishment
[...]
Abstract To examine the prevalence of criminal thinking in mentally disordered offenders, incarcerated male ( n = 265) and female ( n = 149) offenders completed measures of psychiatric functioning and criminal thinking. Results indicated 92% of the participants
were diagnosed with a serious mental illness, and mentally disordered offenders produced criminal thinking scores on the Psychological
Inventory of Criminal Thinking Styles (PICTS) and Criminal Sentiments Scale-Modified (CSS-M) similar to that of non-mentally
ill offenders. Collectively, results indicated the clinical presentation of mentally disordered offenders is similar to that
of psychiatric patients and criminals. Implications are discussed with specific focus on the need for mental health professionals to treat co-occurring
issues of mental illness and criminality in correctional mental health treatment programs.
- Content Type Journal Article
- Category Original Article
- DOI 10.1007/s10979-009-9182-z
- Authors
- Robert D. Morgan, Texas Tech University Lubbock USA
- William H. Fisher, University of Massachusetts Medical School Worcester USA
- Naihua Duan, Columbia University New York USA
- Jon T. Mandracchia, Texas Tech University Lubbock USA
- Danielle Murray, Texas Tech University Lubbock USA
Jennifer Temkin and Barbara Krahé, Sexual Assault and the Justice Gap: A Question of Attitude
Content Type Journal ArticlePages 233-235DOI 10.1007/s10691-009-9124-7Authors
Georgina Firth, Lancaster University Law School Lancaster LA1 4YN [...]
Abstract A recent parliamentary postulate in Switzerland calling for joint custody as the legal norm argues that fathers are discriminated
against in Swiss divorce law. This postulate has incited a debate which circles around issues of [...]
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