Legitimacy (family law)
Legitimacy, in traditional Western common law, is the status of a child born to parents who are married to each other, of a child conceived before the parents obtain a legal divorce. Conversely, illegitimacy has been the status of a child born outside marriage, such a child being known as a bastard, or love child, when such a distinction has been made from other children. In Scots law, the terminology of natural son or natural daughter has the same implications; the prefix "Fitz-" added to a surname sometimes denoted that the child's parents were not married at the time of birth. Depending on local legislation, legitimacy can affect a child's rights of inheritance to the putative father's estate and the child's right to bear the father's surname or hereditary title. Illegitimacy has had consequences for the mother's and child's right to support from the putative father; the importance of legitimacy has decreased in Western countries with the increasing economic independence of women, the sexual revolution of the 1960s and 1970s, the fall of totalitarian regimes, declining influence of Christian churches on family life.
Births outside marriage represent the majority in many countries in Western Europe and in former European colonies. In many Western-derived cultures, stigma based on parents' marital status, use of the word "bastard", are now considered offensive. England's Statute of Merton stated, regarding illegitimacy: "He is a bastard, born before the marriage of his parents." This definition applied to situations when a child's parents could not marry, as when one or both were married or when the relationship was incestuous. The Poor Law of 1576 formed the basis of English bastardy law, its purpose was to punish a bastard child's mother and putative father, to relieve the parish from the cost of supporting mother and child. "By an act of 1576, it was ordered that bastards should be supported by their putative fathers, though bastardy orders in the quarter sessions date from before this date. If the genitor could be found he was put under great pressure to accept responsibility and to maintain the child."Under English law, a bastard could not inherit real property and could not be legitimized by the subsequent marriage of father to mother.
There was one exception: when his father subsequently married his mother, an older illegitimate son took possession of his father's lands after his death, he would pass the land on to his own heirs on his death, as if his possession of the land had been retroactively converted into true ownership. A younger non-bastard brother would have no claim to the land. There were many "natural children" of Scotland's monarchy granted positions which founded prominent families. In the 14th century, Robert II of Scotland gifted one his illegitimate sons estates in Bute, founding the Stewarts of Bute, a natural son of Robert III of Scotland was ancestral to the Shaw Stewarts of Greenock. In Scots law an illegitimate child, a "natural son" or "natural daughter", would be legitimated by the subsequent marriage of his parents, provided they were free to marry at the date of the conception; the Legitimation Act 1968 extended legitimation by the subsequent marriage of the parents to children conceived when their parents were not free to marry, but this was repealed in 2006 by the amendment of section 1 of the Law Reform Act 1986 which abolished the status of illegitimacy stating that " No person whose status is governed by Scots law shall be illegitimate...".
The Legitimacy Act 1926 of England and Wales legitimized the birth of a child if the parents subsequently married each other, provided that they had not been married to someone else in the meantime. The Legitimacy Act 1959 extended the legitimization if the parents had married others in the meantime and applied it to putative marriages which the parents incorrectly believed were valid. Neither the 1926 nor 1959 Acts changed the laws of succession to the British throne and succession to peerage and baronetcy titles. In Scotland children legitimated by the subsequent marriage of their parents have always been entitled to succeed to peerages and baronetcies and The Legitimation Act 1968 extended this right to children conceived when their parents were not free to marry; the Family Law Reform Act 1969 allowed a bastard to inherit on the intestacy of his parents. In canon and in civil law, the offspring of putative marriages have been considered legitimate. Since 2003 in England and Wales, 2002 in Northern Ireland and 2006 in Scotland, an unmarried father has parental responsibility if he is listed on the birth certificate.
In the United States, in the early 1970s a series of Supreme Court decisions held that most common-law disabilities imposed upon illegitimacy were invalid as violations of the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. Still, children born out of wedlock may not be eligible for certain federal benefits unless the child has been legitimized in the appropriate jurisdiction. Many other countries have legislatively abolished any legal disabilities of a child born out of wedlock. In France, legal reforms regarding illegitimacy began in the 1970s, but it was only in the 21st century that the principle of equality was upheld. In 2001, France was forced by the European Court of Human Rights to change several laws that were deemed discriminato
Maximilian Karl Emil Weber was a German sociologist, philosopher and political economist. His ideas profoundly influenced social research. Weber is cited, with Émile Durkheim and Karl Marx, as among the three founders of sociology. Weber was a key proponent of methodological anti-positivism, arguing for the study of social action through interpretive means, based on understanding the purpose and meaning that individuals attach to their own actions. Unlike Durkheim, he did not believe in mono-causality and rather proposed that for any outcome there can be multiple causes. Weber's main intellectual concern was understanding the processes of rationalisation, "disenchantment" that he associated with the rise of capitalism and modernity, he saw these as the result of a new way of thinking about the world. Weber is best known for his thesis combining economic sociology and the sociology of religion, elaborated in his book The Protestant Ethic and the Spirit of Capitalism, in which he proposed that ascetic Protestantism was one of the major "elective affinities" associated with the rise in the Western world of market-driven capitalism and the rational-legal nation-state.
He argued. Thus, it can be said. Against Marx's historical materialism, Weber emphasised the importance of cultural influences embedded in religion as a means for understanding the genesis of capitalism; the Protestant Ethic formed the earliest part in Weber's broader investigations into world religion. In another major work, "Politics as a Vocation", Weber defined the state as an entity that claims a "monopoly of the legitimate use of physical force within a given territory", he was the first to categorise social authority into distinct forms, which he labelled as charismatic and rational-legal. His analysis of bureaucracy emphasised that modern state institutions are based on rational-legal authority. Weber made a variety of other contributions in economic history, as well as economic theory and methodology. Weber's analysis of modernity and rationalisation influenced the critical theory associated with the Frankfurt School. After the First World War, Max Weber was among the founders of the liberal German Democratic Party.
He ran unsuccessfully for a seat in parliament and served as advisor to the committee that drafted the ill-fated democratic Weimar Constitution of 1919. After contracting Spanish flu, he died of pneumonia in 1920, aged 56. Karl Emil Maximilian Weber was born in Erfurt, Province of Saxony, Prussia, he was the oldest of the seven children of Max Weber Sr. a wealthy and prominent civil servant and member of the National Liberal Party, his wife Helene, who descended from French Huguenot immigrants and held strong moral absolutist ideas. Weber Sr.'s involvement in public life immersed his home in both politics and academia, as his salon welcomed many prominent scholars and public figures. The young Weber and his brother Alfred, who became a sociologist and economist, thrived in this intellectual atmosphere. Weber's 1876 Christmas presents to his parents, when he was thirteen years old, were two historical essays entitled "About the course of German history, with special reference to the positions of the Emperor and the Pope", "About the Roman Imperial period from Constantine to the migration of nations".
In class and unimpressed with the teachers—who in turn resented what they perceived as a disrespectful attitude—he secretly read all forty volumes of Goethe, it has been argued that this was an important influence on his thought and methodology. Before entering the university, he would read many other classical works. Over time, Weber would be affected by the marital tension between his father, "a man who enjoyed earthly pleasures", his mother, a devout Calvinist "who sought to lead an ascetic life". In 1882 Weber enrolled in the University of Heidelberg as a law student. After a year of military service, he transferred to the University of Berlin. After his first few years as a student, during which he spent much time "drinking beer and fencing", Weber would take his mother's side in family arguments and grew estranged from his father. With his studies, he worked as a junior lawyer. In 1886 Weber passed the examination for Referendar, comparable to the bar association examination in the British and American legal systems.
Throughout the late 1880s, Weber continued his study of history. He earned his law doctorate in 1889 by writing a dissertation on legal history titled The history of commercial partnerships in the Middle Ages; this work was used as part of a longer work On the History of Trading Companies in the Middle Ages, based on South-European Sources, published in the same year. Two years Weber completed his Habilitationsschrift, Roman Agrarian History and its Significance for Public and Private Law, working with August Meitzen. Having thus become a Privatdozent, Weber joined the University of Berlin's faculty and consulting for the government. In the years between the completion of his dissertation and habilitation, Weber took an interest in contemporary social policy. In 1888 he joined the Verein für Socialpolitik, a new professional association of German economists affiliated with the historical school, who saw the role of economic
Machiavellianism is defined as the political theory of Niccolò Machiavelli the view that any means can be used if it is necessary to maintain political power. The word comes from the Italian Renaissance diplomat and writer Niccolò Machiavelli, born in 1469, who wrote Il Principe, among other works. In modern psychology however, Machiavellianism is the name of a personality trait, characterized by a duplicitous interpersonal style, a cynical disregard for morality, a lack of empathy, a focus on self-interest and personal gain. After his exile from political life in 1512, Machiavelli took to a life of writing, which led to the publishing of his most famous work, The Prince; the book would become infamous for its recommendation for absolute rulers to be ready to act in unscrupulous ways, such as resorting to deceit and cunning, political assassination, the usage of fear as a means of keeping order and power. Machiavelli's view that acquiring a state and maintaining it may require evil means has been noted as the chief theme of the treatise.
He has become infamous for this advice, to this day the term Machiavellian is defined as "marked by cunning, duplicity, or bad faith". While Machiavelli has become popular for his work on principalities, his other works, such as The Discourses on Livy, focused on republican statecraft, his recommendations for a well ordered republic. Machiavelli noted, he notes how advantageous a government by the public could be as opposed to just a single ruler. However, Machiavelli's more controversial statements on politics can be found in his other works. For example, Machiavelli notes. In one area, he praises Romulus, who killed his brother and co-ruler in order to have power by himself to found the city of Rome. In a few passages he sometimes acts as an advisor of tyrants as well. In one passage of The Prince, Machiavelli subverts the advice given by Cicero to avoid duplicity and violence, by saying that the prince should "be the fox to avoid the snares, a lion to overwhelm the wolves", it would become one of Machiavelli's most notable statements.
Because cruelty and deception play such important roles in his ethics, it is not unusual for related issues—such as murder and betrayal—to rear their heads with regularity. Machiavelli's own concept of virtue is original and is seen by scholars as different from the traditional viewpoints of other political philosophers. Virtú can consist of qualities such as being bold, forceful and being ready to engage in viciousness when it is advantageous. Due to the treatise's controversial analysis on politics, in 1559, the Catholic Church banned The Prince, putting it on the Index Librorum Prohibitorum. In the 16th century following the publication of The Prince, Machiavellianism was seen as a foreign plague infecting northern European politics. Reginald Pole read the treatise while he was in Italy, on which he commented: "I found this type of book to be written by an enemy of the human race, it explains every means whereby religion and any inclination toward virtue could be destroyed". Machiavelli's works were received by other popular European authors in England.
The English playwrights William Shakespeare and Christopher Marlowe incorporated their views into some of their works. Shakespeare's Gloucester Richard III, refers to Machiavelli in Henry VI, Part III, for instance: In The Jew of Malta "Machievel" in person speaks the Prologue, claiming not to be dead, but to have possessed the soul of Guise, "And, now the Guise is dead, is come from France/ To view this land, frolic with his friends". Marlowe's last play, The Massacre at Paris takes the massacre, the following years, as its subject, with the Duke of Guise and Catherine de' Medici both depicted as Machiavellian plotters, bent on evil from the start; the Anti-Machiavel is an 18th-century essay by Frederick the Great, King of Prussia and patron of Voltaire, rebutting The Prince, Machiavellianism. It was first published in September 1740, a few months after Frederick became king, is one of many such works. Denis Diderot, the French philosopher, viewed Machiavellianism as "an abhorrent type of politics" and the "art of tyranny".
Machiavellianism is a term that social and personality psychologists use to describe a person's tendency to be unemotional, therefore able to be uninfluenced by conventional morality and hence to deceive and manipulate others. In the 1960s, Richard Christie and Florence L. Geis developed a test for measuring a person's level of Machiavellianism. Christie wanted to study those who manipulated others, used truncated statements from Machiavelli's works to that end, their Mach - IV test, a twenty-statement personality survey, became the standard self-assessment tool of Machiavellianism. People scoring high on the scale tend to endorse statements such as, "Never tell anyone the real reason you did something unless it is useful to do so," but not ones like, "Most people are good and kind", "There is no excuse for lying to someone else," or "Most people who get ahead in the world lead clean, moral lives". Using their scale and Geis conducted multiple experimental tests that showed that the interpersonal strategies and behavior of "High Machs" and "Low Machs" differ.
Their basic results have been replicated. Measured on the Mach - IV scale, males score, on average higher on Machiavellianism than females. A recent be
Canon law is a set of ordinances and regulations made by ecclesiastical authority, for the government of a Christian organization or church and its members. It is the internal ecclesiastical law, or operational policy, governing the Catholic Church, the Eastern Orthodox and Oriental Orthodox churches, the individual national churches within the Anglican Communion; the way that such church law is legislated, interpreted and at times adjudicated varies among these three bodies of churches. In all three traditions, a canon was a rule adopted by a church council. Greek kanon / Ancient Greek: κανών, Arabic Qaanoon / قانون, Hebrew kaneh / קנה, "straight"; the Apostolic Canons or Ecclesiastical Canons of the Same Holy Apostles is a collection of ancient ecclesiastical decrees concerning the government and discipline of the Early Christian Church, incorporated with the Apostolic Constitutions which are part of the Ante-Nicene Fathers. In the Fourth century the First Council of Nicaea calls canons the disciplinary measures of the Church: the term canon, κανὠν, means in Greek, a rule.
There is a early distinction between the rules enacted by the Church and the legislative measures taken by the State called leges, Latin for laws. In the Catholic Church, canon law is the system of laws and legal principles made and enforced by the Church's hierarchical authorities to regulate its external organization and government and to order and direct the activities of Catholics toward the mission of the Church. However, despite the power of the church and its insistence on creating a specific format for the way its members would live their lives, it was not followed. Powerful and wealthy individuals simply did not abide by the rules and were allowed to approach family life and marriage how they saw fit. A prime instance of this was shown through annulments granted by the church; the church disregarded and disallowed divorce. However, powerful men could annul their marriages; this was noteworthy due to the fact that an annulment was distorting to marriage law and contradicting to the disallowance of divorce.
An annulment would not only cease a marriage but rather end the marriage and rule that the marriage was never valid, nor did it formally exist. Another potent example of Canon Law not being enforced is in regards to polygyny. Men having multiple wives was outright banned by the Catholic church. However, as seen in the example of wealthy and powerful individuals it was allowed. Men who were powerful enough were allowed to have multiple wives, concubines and could have sex prior to marriage. Despite the aforementioned blatant nonobservance to Canon Law, the codes set in place did shape and provide a code that the majority of the members of the catholic church directly abode and lived their lives according to. In the Latin Church, positive ecclesiastical laws, based directly or indirectly upon immutable divine law or natural law, derive formal authority in the case of universal laws from the supreme legislator, who possesses the totality of legislative and judicial power in his person, while particular laws derive formal authority from a legislator inferior to the supreme legislator.
The actual subject material of the canons is not just doctrinal or moral in nature, but all-encompassing of the human condition. The Catholic Church includes the main five rites of churches which are in full union with the Holy See and the Latin Church: Alexandrian Rite Churches which include the Coptic Catholic Church and Ethiopian Catholic Church. West Syriac Rite which includes the Maronite Church, Syriac Catholic Church and the Syro-Malankara Catholic Church. Armenian Rite Church which includes the Armenian Catholic Church. Byzantine Rite Churches which include the Albanian Greek Catholic Church, Belarusian Greek Catholic Church, Bulgarian Church, Byzantine Catholic Church of Croatia and Serbia, Greek Church, Hungarian Greek Catholic Church, Italo-Albanian Church, Macedonian Greek Catholic Church, Melkite Church, Romanian Church United with Rome, Greek-Catholic, Russian Church, Ruthenian Greek Catholic Church, Slovak Greek Catholic Church and Ukrainian Catholic Church. East Syriac Rite Churches which includes the Chaldean Syro-Malabar Church.
All of these church groups are in full communion with the Supreme Pontiff and are subject to the Code of Canons of the Eastern Churches. The Catholic Church has what is claimed to be the oldest continuously functioning internal legal system in Western Europe, much than Roman law but predating the evolution of modern European civil law traditions. What began with rules adopted by the Apostles at the Council of Jerusalem in the first century has developed into a complex legal system encapsulating not just norms of the New Testament, but some elements of the Hebrew, Visigothic and Celtic legal traditions; the history of Latin canon law can be divided into four periods: the jus antiquum, the jus novum, the jus novissimum and the Code of Canon Law. In relation to the Code, history can be divided into the jus novum; the canon law of the Eastern Catholic Churches, which had developed some different disciplines and practices, underwent its own process of codification, resulting in the Code of Canons of the Eastern C
A society is a group of individuals involved in persistent social interaction, or a large social group sharing the same geographical or social territory subject to the same political authority and dominant cultural expectations. Societies are characterized by patterns of relationships between individuals who share a distinctive culture and institutions. In the social sciences, a larger society exhibits stratification or dominance patterns in subgroups. Insofar as it is collaborative, a society can enable its members to benefit in ways that would not otherwise be possible on an individual basis. A society can consist of like-minded people governed by their own norms and values within a dominant, larger society; this is sometimes referred to a term used extensively within criminology. More broadly, within structuralist thought, a society may be illustrated as an economic, industrial or cultural infrastructure, made up of, yet distinct from, a varied collection of individuals. In this regard society can mean the objective relationships people have with the material world and with other people, rather than "other people" beyond the individual and their familiar social environment.
The term "society" came from the Latin word societas, which in turn was derived from the noun socius used to describe a bond or interaction between parties that are friendly, or at least civil. Without an article, the term can refer to the entirety of humanity, although those who are unfriendly or uncivil to the remainder of society in this sense may be deemed to be "antisocial". However, the Scottish economist, Adam Smith taught instead that a society "may subsist among different men, as among different merchants, from a sense of its utility without any mutual love or affection, if only they refrain from doing injury to each other."Used in the sense of an association, a society is a body of individuals outlined by the bounds of functional interdependence comprising characteristics such as national or cultural identity, social solidarity, language, or hierarchical structure. Society, in general, addresses the fact that an individual has rather limited means as an autonomous unit; the great apes have always been more or less social animals, so Robinson Crusoe-like situations are either fictions or unusual corner cases to the ubiquity of social context for humans, who fall between presocial and eusocial in the spectrum of animal ethology.
Cultural relativism as a widespread approach or ethic has replaced notions of "primitive", better/worse, or "progress" in relation to cultures. According to anthropologist Maurice Godelier, one critical novelty in society, in contrast to humanity's closest biological relatives, is the parental role assumed by the males, which would be absent in our nearest relatives for whom paternity is not determinable. Societies may be structured politically. In order of increasing size and complexity, there are bands, tribes and state societies; these structures may have varying degrees of political power, depending on the cultural and historical environments that these societies must contend with. Thus, a more isolated society with the same level of technology and culture as other societies is more to survive than one in close proximity to others that may encroach on their resources. A society, unable to offer an effective response to other societies it competes with will be subsumed into the culture of the competing society.
Sociologist Peter L. Berger defines society as "...a human product, nothing but a human product, that yet continuously acts upon its producers." According to him, society was created by humans but this creation turns back and creates or molds humans every day. Sociologist Gerhard Lenski differentiates societies based on their level of technology and economy: hunters and gatherers, simple agricultural, advanced agricultural and special; this is similar to the system earlier developed by anthropologists Morton H. Fried, a conflict theorist, Elman Service, an integration theorist, who have produced a system of classification for societies in all human cultures based on the evolution of social inequality and the role of the state; this system of classification contains four categories: Hunter-gatherer bands. Tribal societies in which there are some limited instances of social rank and prestige. Stratified structures led by chieftains. Civilizations, with complex social hierarchies and organized, institutional governments.
In addition to this there are: Humanity, upon which rest all the elements of society, including society's beliefs. Virtual society, a society based on online identity, evolving in the information age. Over time, some cultures have progressed toward more complex forms of control; this cultural evolution has a profound effect on patterns of community. Hunter-gatherer tribes settled around seasonal food stocks to become agrarian villages. Villages grew to become cities. Cities turned into nation-states. Many societies distribute largess at some larger group of people; this type of generosity can be seen i
Social science is a category of academic disciplines, concerned with society and the relationships among individuals within a society. Social science as a whole has many branches; these social sciences include, but are not limited to: anthropology, communication studies, history, human geography, linguistics, political science, public health, sociology. The term is sometimes used to refer to the field of sociology, the original "science of society", established in the 19th century. For a more detailed list of sub-disciplines within the social sciences see: Outline of social science. Positivist social scientists use methods resembling those of the natural sciences as tools for understanding society, so define science in its stricter modern sense. Interpretivist social scientists, by contrast, may use social critique or symbolic interpretation rather than constructing empirically falsifiable theories, thus treat science in its broader sense. In modern academic practice, researchers are eclectic, using multiple methodologies.
The term "social research" has acquired a degree of autonomy as practitioners from various disciplines share in its aims and methods. The history of the social sciences begins in the Age of Enlightenment after 1650, which saw a revolution within natural philosophy, changing the basic framework by which individuals understood what was "scientific". Social sciences came forth from the moral philosophy of the time and were influenced by the Age of Revolutions, such as the Industrial Revolution and the French Revolution; the social sciences developed from the sciences, or the systematic knowledge-bases or prescriptive practices, relating to the social improvement of a group of interacting entities. The beginnings of the social sciences in the 18th century are reflected in the grand encyclopedia of Diderot, with articles from Jean-Jacques Rousseau and other pioneers; the growth of the social sciences is reflected in other specialized encyclopedias. The modern period saw "social science" first used as a distinct conceptual field.
Social science was influenced by positivism, focusing on knowledge based on actual positive sense experience and avoiding the negative. Auguste Comte used the term "science sociale" to describe the field, taken from the ideas of Charles Fourier. Following this period, there were five paths of development that sprang forth in the social sciences, influenced by Comte on other fields. One route, taken was the rise of social research. Large statistical surveys were undertaken in various parts of the United States and Europe. Another route undertaken was initiated by Émile Durkheim, studying "social facts", Vilfredo Pareto, opening metatheoretical ideas and individual theories. A third means developed, arising from the methodological dichotomy present, in which social phenomena were identified with and understood; the fourth route taken, based in economics, was developed and furthered economic knowledge as a hard science. The last path was the correlation of knowledge and social values. In this route and prescription were non-overlapping formal discussions of a subject.
Around the start of the 20th century, Enlightenment philosophy was challenged in various quarters. After the use of classical theories since the end of the scientific revolution, various fields substituted mathematics studies for experimental studies and examining equations to build a theoretical structure; the development of social science subfields became quantitative in methodology. The interdisciplinary and cross-disciplinary nature of scientific inquiry into human behaviour and environmental factors affecting it, made many of the natural sciences interested in some aspects of social science methodology. Examples of boundary blurring include emerging disciplines like social research of medicine, neuropsychology and the history and sociology of science. Quantitative research and qualitative methods are being integrated in the study of human action and its implications and consequences. In the first half of the 20th century, statistics became a free-standing discipline of applied mathematics.
Statistical methods were used confidently. In the contemporary period, Karl Popper and Talcott Parsons influenced the furtherance of the social sciences. Researchers continue to search for a unified consensus on what methodology might have the power and refinement to connect a proposed "grand theory" with the various midrange theories that, with considerable success, continue to provide usable frameworks for massive, growing data banks; the social sciences will for the foreseeable future be composed of different zones in the research of, sometime distinct in approach toward, the field. The term "social science" may refer either to the specific sciences of society established by thinkers such as Comte, Durkheim and Weber, or more to all disciplines outside of "noble science" and arts. By the late 19th century, the academic social sciences were constituted of five fields: jurisprudence and amendment of the law, health and trade, art. Around the start of the 21st century, the expanding domain of economics in the social sciences has been described as economic imperialism.
The social science disciplines are branches of knowledge taught and researched at the college or university level. Social science disciplines are defined and rec