Sisteemteorie en die sosiologie/Systems theory and sociology
In: South African journal of sociology: Suid-Afrikaanse tydskrif vir sosiologie, Band 16, Heft 1, S. 1-8
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In: South African journal of sociology: Suid-Afrikaanse tydskrif vir sosiologie, Band 16, Heft 1, S. 1-8
A look at the penetrating and encompassing nature of Dooyeweerd's political and legal philosophy makes it understandable why Georgio Del Vecchio, a reputable Italian philosopher of law, appreciated Dooyeweerd as "the most profound, innovative, and penetrating philosopher since Kant". Dooyeweerd's Inaugural address laid the foundation for uncovering the deepest dialectical motivation of modern philosophy, namely the (dialectical) basic motive of nature and freedom (science ideal and personality ideal). Dooyeweerd rejected the idea of a "pure theory of law" because in spite of its uniqueness, the meaning of the jural aspect of reality comes to expression only in its coherence with other irreducible aspects. In opposition to the relativistic claims of historicism, Dooyeweerd emphasises the irreducibility of each aspect of reality. Dooyeweerd exercised immanent criticism on the impasse of a theory of the state without the state and a theory of law without law. Despite his continuing an element of natural law, Dooyeweerd's approach avoids the antinomous stance of historicism by realising that change can only be established on the basis of constancy. The article concludes with a brief sketch of his systematic programme, as it unfolds in his multi-volume Encyclopaedia of the science of law.
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In: Politeia: South African journal for political science and public administration, Band 25, Heft 2, S. 151-167
ISSN: 0256-8845
World Affairs Online
The Theory of justice advanced by Rawls must be understood within the context of factual legal approaches (such as positivism and pragmatism) that eliminated normative considerations. By contrast, Rawls argues for an account of the role of normative legal principles by proceeding from an idea introduced during the Enlightenment, namely that of a social contract. However, the way in which he speaks about law, morality and virtues clearly demonstrates his indebtedness to Ancient Greek and Medieval conceptions as well. His assumption is that it is possible for normal human beings to arrive at a rational consensus by assuming that these individuals not only do have a normative (moral) awareness but that they are also capable to take distance from their factual societal position and relations (the veil of ignorance) in order to be open to moral principles acceptable to every normally developed human being. This article sets out to investigate the historical roots of the idea of a just society by contrasting the classical Greek and Medieval ideals with that of modern approaches since the Renaissance, particularly the account found in natural law theories about the supposed social contract lying at the foundation of an ordered and just society. The open-ended problems present within this legacy — particularly regarding the inherent shortcomings of both atomistic and holistic orientations implicit in the mainstream views on being human and on the place of the latter within human society and the state — are then related to the mixed assumptionsunderlying Rawls's theory at a basic level. It will be argued that although his intention is to advocate the basic elements of a constitutional democracy, this aim is threatened by the latent holistic undertones accompanying his entire theory.
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In: Politikon: South African journal of political science, Band 32, Heft 1, S. 45-57
ISSN: 1470-1014
This article focuses on the formal similarities between Christianity and the Islam resent during the later middle ages — a period in which both legacies subscribed to a relatively totalitarian societal condition manifested in the existence of their respective empires. The ideal of the Corpus Christi as the societas perfecta of medieval Christianity is explained in the light of the contest between church and state during the later middle ages. This legacy was eventually challenged by an intellectual movement initiated by John the Scott and William of Ockham that caused the breaking apart of the former ecclesiastically unified culture. The alternative development within the Islam world is sketched before the spirit of modernity is explained as a secularization of biblical Christianity. Humanism initially inspired explicitly totalitarian theories of the state. It was only within the Protestant countries of Europe that the modern constitutional state under the rule of law emerged, accompanied by a process of societal differentiation unparalleled in world history. Although the more recent attempts of Islamic countries to benefit from the fruits of the modern natural sciences inspired them to introduce the teaching of the natural sciences within the Muslim world, these countries did not succeed in benefiting from the significant transformation of the medieval empires into modern democratic states. Since the Muslim world is still embedded in the relatively undifferentiated embrace of a societal setting guided and integrated by the Muslim faith it did not succeed as yet to transcend the inherent limitations entailed in a typical empire in the classical sense of the word.
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In: Society in transition: journal of the South African Sociological Association, Band 35, Heft 1, S. 165-182
ISSN: 2072-1951
Background Surgery is the main modality of cure for solid cancers and was prioritised to continue during COVID-19 outbreaks. This study aimed to identify immediate areas for system strengthening by comparing the delivery of elective cancer surgery during the COVID-19 pandemic in periods of lockdown versus light restriction. Methods This international, prospective, cohort study enrolled 20 006 adult (≥18 years) patients from 466 hospitals in 61 countries with 15 cancer types, who had a decision for curative surgery during the COVID-19 pandemic and were followed up until the point of surgery or cessation of follow-up (Aug 31, 2020). Average national Oxford COVID-19 Stringency Index scores were calculated to define the government response to COVID-19 for each patient for the period they awaited surgery, and classified into light restrictions (index 60). The primary outcome was the non-operation rate (defined as the proportion of patients who did not undergo planned surgery). Cox proportional-hazards regression models were used to explore the associations between lockdowns and non-operation. Intervals from diagnosis to surgery were compared across COVID-19 government response index groups. This study was registered at ClinicalTrials.gov, NCT04384926. Findings Of eligible patients awaiting surgery, 2003 (10·0%) of 20 006 did not receive surgery after a median follow-up of 23 weeks (IQR 16–30), all of whom had a COVID-19-related reason given for non-operation. Light restrictions were associated with a 0·6% non-operation rate (26 of 4521), moderate lockdowns with a 5·5% rate (201 of 3646; adjusted hazard ratio [HR] 0·81, 95% CI 0·77–0·84; p<0·0001), and full lockdowns with a 15·0% rate (1775 of 11 827; HR 0·51, 0·50–0·53; p<0·0001). In sensitivity analyses, including adjustment for SARS-CoV-2 case notification rates, moderate lockdowns (HR 0·84, 95% CI 0·80–0·88; p<0·001), and full lockdowns (0·57, 0·54–0·60; p<0·001), remained independently associated with non-operation. Surgery beyond 12 weeks from diagnosis in patients without neoadjuvant therapy increased during lockdowns (374 [9·1%] of 4521 in light restrictions, 317 [10·4%] of 3646 in moderate lockdowns, 2001 [23·8%] of 11 827 in full lockdowns), although there were no differences in resectability rates observed with longer delays. Interpretation Cancer surgery systems worldwide were fragile to lockdowns, with one in seven patients who were in regions with full lockdowns not undergoing planned surgery and experiencing longer preoperative delays. Although short-term oncological outcomes were not compromised in those selected for surgery, delays and non-operations might lead to long-term reductions in survival. During current and future periods of societal restriction, the resilience of elective surgery systems requires strengthening, which might include protected elective surgical pathways and long-term investment in surge capacity for acute care during public health emergencies to protect elective staff and services. Funding National Institute for Health Research Global Health Research Unit, Association of Coloproctology of Great Britain and Ireland, Bowel and Cancer Research, Bowel Disease Research Foundation, Association of Upper Gastrointestinal Surgeons, British Association of Surgical Oncology, British Gynaecological Cancer Society, European Society of Coloproctology, Medtronic, Sarcoma UK, The Urology Foundation, Vascular Society for Great Britain and Ireland, and Yorkshire Cancer Research.
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Background Surgery is the main modality of cure for solid cancers and was prioritised to continue during COVID-19 outbreaks. This study aimed to identify immediate areas for system strengthening by comparing the delivery of elective cancer surgery during the COVID-19 pandemic in periods of lockdown versus light restriction. Methods This international, prospective, cohort study enrolled 20 006 adult (≥18 years) patients from 466 hospitals in 61 countries with 15 cancer types, who had a decision for curative surgery during the COVID-19 pandemic and were followed up until the point of surgery or cessation of follow-up (Aug 31, 2020). Average national Oxford COVID-19 Stringency Index scores were calculated to define the government response to COVID-19 for each patient for the period they awaited surgery, and classified into light restrictions (index 60). The primary outcome was the non-operation rate (defined as the proportion of patients who did not undergo planned surgery). Cox proportional-hazards regression models were used to explore the associations between lockdowns and non-operation. Intervals from diagnosis to surgery were compared across COVID-19 government response index groups. This study was registered at ClinicalTrials.gov, NCT04384926. Findings Of eligible patients awaiting surgery, 2003 (10·0%) of 20 006 did not receive surgery after a median follow-up of 23 weeks (IQR 16–30), all of whom had a COVID-19-related reason given for non-operation. Light restrictions were associated with a 0·6% non-operation rate (26 of 4521), moderate lockdowns with a 5·5% rate (201 of 3646; adjusted hazard ratio [HR] 0·81, 95% CI 0·77–0·84; p<0·0001), and full lockdowns with a 15·0% rate (1775 of 11 827; HR 0·51, 0·50–0·53; p<0·0001). In sensitivity analyses, including adjustment for SARS-CoV-2 case notification rates, moderate lockdowns (HR 0·84, 95% CI 0·80–0·88; p<0·001), and full lockdowns (0·57, 0·54–0·60; p<0·001), remained independently associated with non-operation. Surgery beyond 12 weeks from diagnosis in patients without neoadjuvant therapy increased during lockdowns (374 [9·1%] of 4521 in light restrictions, 317 [10·4%] of 3646 in moderate lockdowns, 2001 [23·8%] of 11827 in full lockdowns), although there were no differences in resectability rates observed with longer delays. Interpretation Cancer surgery systems worldwide were fragile to lockdowns, with one in seven patients who were in regions with full lockdowns not undergoing planned surgery and experiencing longer preoperative delays. Although short-term oncological outcomes were not compromised in those selected for surgery, delays and non-operations might lead to long-term reductions in survival. During current and future periods of societal restriction, the resilience of elective surgery systems requires strengthening, which might include protected elective surgical pathways and long- term investment in surge capacity for acute care during public health emergencies to protect elective staff and services. Funding National Institute for Health Research Global Health Research Unit, Association of Coloproctology of Great Britain and Ireland, Bowel and Cancer Research, Bowel Disease Research Foundation, Association of Upper Gastrointestinal Surgeons, British Association of Surgical Oncology, British Gynaecological Cancer Society, European Society of Coloproctology, Medtronic, Sarcoma UK, The Urology Foundation, Vascular Society for Great Britain and Ireland, and Yorkshire Cancer Research.
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