In what Weber refers to as occidental modernity, there is the inevitable possibility that there will be an emergence of irrationality, indecisiveness as well as the transcendental (Blank, 2011: 638). Depending on the extent of disenchantment and the processes that come with it, there is the possibility that resistance will develop. The stronger the disenchantment, there more it becomes for this resistance to develop (Blank, 2011:638). This is accompanied by a development of groups which are formed to create resistance towards the formal and rational canons of the domains to which they belong (Blank, 2011: 638). .
Disenchantment as it Applies to the Law.
Disenchantment, in a legal context, is described by Blank (2011: 638) as the "growing detachment of law from religion". This is both in the lawmaking as well as in the lawfinding (also referred to as adjudication) processes. There are said to be three initial consequences of disenchantment in the legal field, namely; what is referred to as the divine law is stripped of its power and legitimacy, traditional authorities such as the king lose the power they possess to give commands and lastly, judges with divine authority also no longer possess the legitimacy to judge disputes as well as the legitimate power to apply the law (Blank, 2011:639). This is mostly strongly displayed in positivist law which believes in the idea that law is not developed through divine revelation and nor can it be found in some kind of oracle or prophetic form (Blank, 2011: 638). As disenchantment progressed, it also began to reject even the natural law theory which is based on the idea that the main tenent of law is the unfolding of reason (Blank, 2011: 639). This was replaced with the notion that the legitimacy of the law stems from the fact that it is enacted by a formally authorized entity (Blank, 2011: 639). The progression of rationalization and bureaucratization meant that all forms of lawmaking and lawfinding that previously existed were all stripped of their legitimacy which was to be replaced by legal rationality.
The settings in, Maria de Zayas, "The Disenchantments of Love", play a major role in the purpose of these disenchantments for women. ... In "Innocence Punished", the civil law is set for everyone, it decides who gets punished or who gets free. ...
However, a federal law enforcement agent told AOL News that the investigation had waned and no criminal charges were expected to be filed (Lengel). ... Haggis became disenchanted with the church ten months prior to his resignation after a member of the Church of Scientology of San Diego signed an online petition supporting California's Proposition 8, which barred same-sex marriages. ...
"Civil Disobedience" argues against the legitimacy of government and laws, and is Thoreau's most famous (and radical) essay. ... Thoreau was a genuine social deviant, disenchanted by the growing industrial machine of commerce and its constructions. ... He denounces the laws which governments impose, questioning their legitimacy. ...
But it is this descriptive of actual fact or more the unfulfilled yearning of a disenchanted lover? ... National constitutions have routinely incorporated the Bill of Rights, ours is replete with solemn professions of adherence to Human rights laws. ... It is a process of gradually removing the capacity of individual nations to control markets, law, & politics. ...
"The progressive movement began to promote professionalism in law enforcement as one of the basic components of rehabilitating municipal politics" (Patterson). ... A key consequence would have to be the overall disenchantment of the police officers. ... It would be wise for those who do make laws and implement new programs to take a look at the history of policing in the United States and see what can be learned from the past before trying out an old product in a new society....
This new change in leadership encouraged unhappiness and forced the Taiwanese to seek help from the disenchanted Manchu officials to make the first independent Republic in Asia. ... After this relocation of the Chiang Kai-shek to Taiwan, the Taiwanese people lived under martial law of this Nationalist rule for the next four decades. ... The martial law that this group ruled was harsh and very possessive because the Chiang Kai-shek only comprised 15 percent of the island's population. ... Finally, in the late 1970's the Taiwanese people got fed up with other people ruling their i...
This was done because the American colonists became disenchanted with British laws. ... When relations improved between the colonists and the British, the radicals, the Sons of Liberty, would instigate anger among the colonists resulting in further unrest. 4 In relation to the significant laws/acts of this time, the British crossed the line when they passed the Tea Act. This law gave only the British the power to sell tea in the colonies. ...
This law was the culmination of a campaign organized by the Federal Bureau of Narcotics in which the public was led to believe that marihuana was addictive and caused violent crimes, psychosis, and mental deterioration. ... The law was not aimed at medical use of marihuana - its purpose was to discourage recreational marihuana smoking. ... Almost incidentally, the law made medical use of cannabis difficult because of the extensive paperwork required of doctors who wished to use it. The Federal Bureau of Narcotics followed up with "anti-diversion" regulations that contributed to physicians'...
There it failed to nurture civic culture and lead to an increase in the public's disenchantment with parties and the party system. ... Dedicated to the tradition of self-government Jacksonian Democrats defended political parties as "indispensable allies of local democracy" because of the connection that they were able to foster between he people and the fundamental laws of the country. ... This ardent defense was demonstrated in 1832 after South Carolina declared a new tariff law "null and void" and threatened to secede from the Union if the federal government tried to reverse its deci...