While Chinese thought seeks for continuity throughout four millennia, modern Western political and legal thought increasingly pulled up the idea of harmony, in parallel with its embracing of individualism; a change of view ultimately dependant on the relationship between law and morals. There seem to be two well-rooted reasons behind Western reluctance. Two Reasons First, harmony is held to be intrinsically linked to a strong metaphysical stance, ultimately implying a world order that cannot be rejected on empirical grounds, let alone scientifically proven.
The second line of argument can be referred to as the criticism of the liberal democrat: Let aside the epistemological and theoretical nature of the concept, in the realm of practical reason harmony implies an essential and fix hierarchy of people that will inevitably lead to autocratic political regimes. The variety of existence as such has an inherent and supreme value that law must succour.
The emulation or mimesis of the scala naturae in the realm of social relationships is the other reason why Western thought turned away from harmony: It implied an immutable hierarchy between all individuals i. Non essent omnia, si essent aequalia De div. It is therefore absurd for man to claim more qualities than he has received.
This hierarchical element ultimately contrasts with modern Western legal thought which is grounded in ethical individualism and on the assumption of human beings as free moral agents. The claim is that the introduction of the concept of harmony — jeopardizing the hypothesis of the state of nature in the logic of the social covenant — will inevitably lead to authoritarian political models: The harmonious order does not take controversy seriously.
Rather, it implies elimination of conflict within society; contradictions have to be eradicated or hidden in order to promote apparent stability. Harmony would then only amount to a cover-up status qvo, based on manufactured consensus. The potential hypostatisation of harmony is a source of cultural antagonism. The procedural aspects of law, as a set of formal rules, would not be sufficient without the stronghold of morality that can only grow out of appropriate education.
Society legitimately sets the moral agenda.
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This procedure is conceived as alternative to dispute resolution in courts, and especially in relation to administrative law. Moreover, the turn towards non- court mediation jeopardizes the ideal — central in many modern Western theories — of law as a tool for emancipation. Clearly in alternative dispute settlements, as in all informal negotiations, the risk is that the strong party will prevail over the weak because of structural inequality in pressure capability.
Justice will then not be done, but an apparent harmonization will take place as the weak party draws back the charges. Lessons to Learn From what we have said, it shall now be clear that rule of law, ubiquitous in the Western tradition of justice, does not constitute a clear referent as far as institutional arrangements and legal rules are concerned. Essentially chameleonic, the rule of law is likely to be accused of covertly smuggling in values and to be all the more questioned by non- Westerners as it becomes a catchword. Conversely, harmony — although not essentially contested — is suspected of inadmissibility into Western legal discourse, because of historically profound reasons that are not likely to dissolve over night.
None of the concepts can plausibly be the cornerstone of a 21st century shared legal framework. This analysis seems to confirm the radical views in comparative philosophy that argue for methodological incommensurability, i. Grounded in the assumption that vocabulary, theoretical frameworks, let alone justificatory practices differ to such an extent that we are simply prevented from thinking outside our own tradition of thought, 54 incommensurability implies that there can be no cross-traditional reference to a common subject matter or to widespread ways a topic has been theorized in different philosophical traditions.
Luring behind is often defiance towards universal reason. Notwithstanding these difficulties, there is a case for engaging in a de-provincialized discourse on the legal basis of the globalized world. Both ROL and harmony present significant features that should be applied for establishing preconditions of such an order. From the rule of law, we must hence learn again the fundamental lesson of impartiality as an indispensable element in applying the principle of justice. From harmony, we must refine our understanding of the complex ways in which social cohesion is enhanced and without which no order is sustainable.
The principle of impartiality, founded on the transitivity of the parties in a controversy, refers to their willingness to accept the unbiased sentencing of a third. The impartial judge is one of the few topoi that incessantly return in accounts of justice. As hard as it might be to disentangle impartiality from closely connected issues such as neutrality and disinterest, we need to rethink the momentum and institutional contents of impartiality in replacement for the current extension of the list of goodies associated with ROL cf.
This insistence on impartiality as unbiasness is not only constitutive of Western legal thought — from the Romans until today 56 — but of Chinese philosophy as well. Here some brief quotes from the Confucian tradition are sufficient to make the point. The second lesson we need to learn involves harmony and concerns the relation between the parts and the whole and more specifically the crucial role played by social cohesion, enabling integration of all members into society. Against the first, it is held, and not without reason, that it would not emancipate the individual from the crude and miserable struggle for life that so many put up with everyday.
The first form of individualism cuts the string between the individual and the organic society and sets him outside the motherly womb …. The second form of individualism unites him with others; individuals similar to himself, that he considers his peers, so as to recompose society through their union; no longer as the organic whole from which he left, but as an association of free men.
The second form calls for a reconciliation between the individual and society, turning the latter into a voluntary 62 agreement among free and intelligent human beings A road map toward a non conflict-ridden globalized world needs therefore to include renovated and insightful reflection both on the principle of impartiality and the integration of free men and women in society. A theory aimed at founding anew the conditions of peace must start from these premises if it wishes to overcome the divides between East and West and think out of the box. Given the quagmires currently afflicting rule of law, it is necessary to return to the principle of impartiality as the founding principle of all and every institutional arrangement for future global justice.
Serious attention has also to be devoted to the reconciliation of individuals and society, the requirements of social cohesion indispensable for whatever order, and distinctive of well-ordered societies. In other words, the principle of impartiality and societal integration can be considered necessary conditions in disjunction, and perhaps even sufficient reasons in conjunction for setting, if not the institutional arrangements, at least the cultural preconditions of the legal order for the coming of age of the global society.
In order to flesh out such a possibility, we need to prompt reflection on a world theory of justice, building on a broader cultural and philosophical scholarship than simply home-grown. If the purpose of theory is to frame research agendas, to direct empirical research to interesting developments, and to offer comprehensive generalizations, my claim is that to ideate a positive research agenda we need to move towards a transnational and cross- cultural redefinition of justice.
Very few attempts have been made. Any thoughts? Ideograms have been generally avoided for the benefit of the English-speaking reader. The same choice, which is practical but discussable, has been applied to ancient Greek terms where I use the Oxford standard transliteration system.
See Platonis Opera, ed. Madison, 5 US , Press, Oxford , but it also refers to the trend of global administrative law: Benedict Kingsbury et al eds. But it is also reminiscent of the opposition between procedural and substantial democracy that responds to a long line of though in political philosophy that I shall not comment on here. For a discussion of the pros and cons of the formal approach, see Robert S.
Hutchinson, Patrick J. Monahan eds. Nader, Plunder. Filosofia e globalizzazione, Bollati Boringhieri But can also be found in the East: e. The phenomenon is also known under the neologism mondia-latinisation: See Jacques Derrida, Foi et savoir, Seuil, Paris Press, Philadelphia , Jochen A. John Macdonald, Douglas M. Johnson eds. Teoria del diritto e della democrazia, Laterza, Roma , vol. The most forceful articulation of this concept of personal and collective harmony can be found in the Doctrine of the Mean, defining harmony as a state of equilibrium. I, Dover Publ. See also Roger T. Until the 4th century AD it was still a speculative term.
It entered the technical vocabulary of music only after the work of Jean Tinctoris and Franchino Gaffurio. Strong criticism has been directed against the project of Confucianizing China: Zhang Shibao ed.
Press, Cambridge Mass. In my opinion, there is no particular interest in stopping at the first level of analysis by registering that we are confronted with different and opposed normative discourses.
Lovejoy, The Great Chain of Being. Leibniz, Philosophical Essays trans.
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They may wear short-sleeved shirts, and even shorts. Sandals without socks, while generally not worn in a synagogue, are usually accepted in Modern Orthodox and Religious Zionist communities in Israel for daily dress, for both men and women. Conservative Judaism formally encourages modest dress. Reform Judaism has no religious dress requirements. Style of dress involves cultural considerations distinct from religious requirements. Members of Conservative and Reform synagogues may abide by dress codes generally ranging from business casual to informal.
There are many Orthodox synagogues especially in Israel , where dress, while meeting religious modesty requirements, is quite casual. Many Haredi and Hasidic communities have special customs and styles of dress that serve to identify members of their communities, but regard these special dress features as customs of their communities, rather than as general religious requirements expected of all observant Jews. Further cultural considerations include increasing use of modest dress as an act of female empowerment and self-actualization, not directly related to religious observance.
Jewish law governing tzniut requires married women to cover their hair;   according to the Talmud, this is a biblical requirement,   which in this context is called dat Moshe the law of Moses. The practice of covering hair with wigs is debated among halakhic authorities.
Many authorities, including Rabbi Moshe Feinstein ,  permitted it, and the Lubavitcher Rebbe actively encouraged it,  while many other authorities, especially Sephardi rabbis, forbid it. Modern Orthodox Jewish women usually use hats, berets, baseball caps, bandanas, or scarves tied in a number of ways to accomplish the goal, depending on how casually they are dressed. Some modern Orthodox women cover their hair with wigs. A style of half wig known as a "fall" has become increasingly common in some segments of Modern and Haredi Orthodox communities.
It is worn with either a hat or a headband. In Yemen , unmarried girls covered their hair also, like the Muslims there;  however, upon Yemeni Jews ' emigration to Israel and other places, this custom has been abandoned. While Rebbe Aharon Roth , founder of Shomer Emunim , praised this custom, no Ashkenazi community — including the most strict Haredi circles — has ever practiced such a custom. Conservative and Reform Judaism do not generally require women to wear head coverings. Some more traditional Conservative synagogues may ask that married women cover their heads during services.
The majority view of halakhic authorities  is that this prohibition applies at all times, and forbids a man to pray or study Torah in the presence of a woman who is singing, similar to other prohibitions classified as ervah. There is a debate between poskim whether the prohibition applies to a recorded female voice, where the singer cannot be seen, where the woman is not known to the man who is listening, and where he has never seen her or a picture of her.
There are also opinions,  following Samson Raphael Hirsch and Azriel Hildesheimer , that exclude singing in mixed groups from this prohibition, such as synagogue prayer or dinner-table zemirot , based on the idea that the female voice is not distinctly heard as separate from the group in these cases. Yehiel Yaakov Weinberg  and Rabbi David Bigman  of Yeshivat Ma'ale Gilboa hold that the kol isha prohibition does not apply to women singing zemirot , songs to children, and lamentations for the dead, because in these contexts, men do not derive sexual pleasure from the woman's voice.
Conservative Judaism interprets the relevant passage of the Talmud as expressing a rabbi's opinion, rather than imposing a requirement. Reform Judaism fundamentally rethought the status of women within Judaism in a series of synods from onward in both Europe and the United States, formally abolishing most distinctions between men and women in the observance of Jewish life, particularly concerning dress and public participation. It no longer regards this law as applicable to modern times.
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In Orthodox Judaism, men and women who are not married and are not closely related are generally not allowed to touch each other. A person who refrains from touching the opposite sex is said to be shomer negiah. Only touching in an affectionate manner "b'derech chiba" is prohibited. Opinions are divided regarding a quick handshake in a business setting: some authorities mainly of Modern Orthodox background permit it, while other people nearly all Haredim , and many other Orthodox Jews prohibit it.
One may, however, touch certain relatives parents, children, grandparents, grandchildren whom one is presumed not to be sexually attracted to. Whether or not children adopted at a young age are included in this prohibition is a matter of dispute and case-by-case decision. One may touch one's spouse, outside the niddah period, although many married couples will also not touch one another in public.
In Orthodox Judaism, men and women who are not married to each other and are not immediate blood relatives are not allowed to enter into a secluded situation yichud in a room or in an area that is private. This measure is taken to prevent the possibility of sexual relations, which is prohibited outside of marriage. According to some authorities, this applies even between adoptive parents and adoptive children over the age of maturity, while others are more lenient with children adopted from a young age. Seclusion does not consist of merely being in a room together alone; only if the situation is private, with no one else expected to enter, does the restriction apply.
Originally, this prohibition applied only to married women secluded with men other than their husbands, but it was extended to include single women. According to the Talmud, this extension occurred in the time of King David, when his son Amnon raped Absalom's sister, Tamar. On the issue of elevators, opinions vary; some allow yichud in an elevator for a time of no more than 30 seconds, while others forbid it under all circumstances, partly due to the possibility of an elevator getting stuck.
The Laws of the Yichud are complicated and detailed, and especially so for women in the modern context,  promoting the suggestion to reread them as a nonspecific mandate for personal space at a time when society can generally acknowledge the darkest aspects of the human sexual psyche in today's social interactions. In Orthodox Judaism, men and women are not allowed to mingle during prayer services, and Orthodox synagogues generally include a divider, called a mechitza, creating separate men's and women's sections.
This idea comes from the old Jewish practice during the times of the temple in Jerusalem when there was a women's balcony in the Ezrat Nashim to separate the male and female spectators at the special Sukkot celebrations. There is also a prophecy in Zechariah Zechariah that talks about men and women mourning separately. The Talmud took this account and inferred that if men and women should be separate in times of mourning, then they certainly should be separate in times of happiness.
Mechitzot are usually seen in Orthodox synagogues to separate the men and women. In Reform synagogues, they are never seen. The original German Reform synagogues had balconies, although in modified form. Although in the past, many Conservative synagogues had women's balconies or separate seating, most Conservative synagogues moved to "family seating" mixed seating in the s. Today, the Conservative movement puts a strong emphasis on egalitarianism, so that men and women have equal roles in the prayer service. However, non-egalitarian services, separate seating, and the use of a mechitza are still considered valid options for Conservative congregations.
In , the Rabbinical Court of the Ashkenazi Community in the Haredi city of Beitar Illit ruled against Zumba a type of dance fitness classes, although they were held with a female instructor and all-female participants. There are several levels to the observance of physical and personal modesty tzniut according to Orthodox Judaism, as derived from various sources in halakha. Observance of these rules varies from aspirational to mandatory to routine across the spectrum of Orthodox stricture and observance.
From Wikipedia, the free encyclopedia. Modesty and discretion, as well as a group of Jewish laws pertaining to conduct. Tanakh Torah Nevi'im Ketuvim. Important figures. Religious roles.