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data/en.wikipedia.org/wiki/Health_survival_paradox-0.md
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title: "Health survival paradox"
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source: "https://en.wikipedia.org/wiki/Health_survival_paradox"
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category: "reference"
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date_saved: "2026-05-05T03:57:59.615345+00:00"
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The male-female health survival paradox, also known as the morbidity-mortality paradox or gender paradox, is the phenomenon in which female humans experience more medical conditions and disability during their lives, but live longer than males. The observation that females experience greater morbidity (diseases) but lower mortality (death) in comparison to males is paradoxical since it is expected that experiencing disease increases the likelihood of death. However, in this case, the part of the population that experiences more disease and disability is the one that lives longer.
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== Background and history ==
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The male-female health survival paradox has been most reliably reported in literature and documented as far back as the 18th century in European historical records. Some of the last records of European men outliving women are from the Netherlands in 1860 and Italy in 1889. The earliest records of European women outliving men were from Sweden in 1751, Denmark in 1835, and both England and Wales in 1841. While women were documented to outlive men in Europe, data from 1887 through 1930 showed that females between ages 5 and 25 in Massachusetts disproportionately faced mortality due to infectious diseases. With improvements in infectious disease prevention, treatment, and eradication of Smallpox around the 1970s, mortality rates declined in both sexes. At this time, female life expectancy also peaked in the United States; females were expected to live eight years longer than males. Since the 1970s, the life expectancy gap between females and males has been on the decline in the United States and Western Europe.
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Although more research needs to be completed, it is postulated that there is a "biopsychosocial" component which causes this paradox. In other words, women and men differ in biological, behavioral, and social factors which causes the male-female health survival paradox.
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Biopsychosocial factors that have been hypothesized to cause this paradox include genetics, hormone differences, immunological differences, reproduction, chronic diseases, disability, physiological reserve, risk-related activities, illness perception, health reporting behavior, health care utilization, gender roles, and social assets and deficits.
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Scholars relate the male-female health survival paradox to the concept of frailty, which is the vulnerability that the aging population has to adverse health outcomes. Such geriatric propensity to frailty is an emerging topic of research given new therapeutic interventions aimed at improving the health of the aging population, such as healthy nutrition, physical exercise, cognitive training, and multimodal interventions that encompass all of these components.
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== Influential factors ==
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=== Risk Factors and Behaviors ===
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Different rates of alcohol and tobacco usage by men and women contribute to the paradox in developed countries. More women abstain from alcohol for lifetime, drink less, and have less drinking problems in comparison to men. However, more women tend to have alcohol-related disorders and withdrawal symptoms due to differences in pharmacokinetics and sex hormones.
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Similarly, a review on substance-use disorder (SUDs) observed sex/gender differences on the biology, epidemiology, and treatment of substance-use disorder. Women were generally afflicted with more severe adverse events, but prognosis after treatment between men and women did not differ. However, due to conflict of emerging SUDs findings, future studies are needed to confirm whether biological and environmental constituents impact gender/sex differences on substance-use disorder.
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It has also been stated that while men experience smoking-related conditions more than women, women have more trouble maintaining cessation than men. However, a recent review showed mixed findings on smoking behavior, and that bio-psycho-social factors may be more impactful than gender differences. In addition, a higher proportion of men use alternative tobacco options to replace cigarettes, and gender-based comparisons may be skewed from failing to stratify randomization in treatment groups.
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=== Diseases ===
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Men are more likely to suffer from heart disease, cancer, and stroke than women. These diseases are the main cause of the gender gap in life expectancy.
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Despite men having more fatal conditions such as ischemic heart disease, lung cancer, liver cirrhosis, traffic accidents, and suicide, women have more non-fatal acute and chronic conditions. The majority of the female survival advantage is accounted for by differences in mortality rates between men and women ages 50–70 due to differing rates of cardiovascular diseases. While women report more symptoms and experience higher incidence of musculoskeletal and autoimmune disease, men have earlier and higher rates of cardiovascular diseases, after adjusting the data for the gap in life expectancy. Other studies report women having higher rates of cardiovascular disease, while not accounting for women having longer life expectancy. A recent review found that women afflicted with coronary heart disease are generally older and have more cardiovascular risks than men with coronary heart disease. While men have nearly twice the incidence of coronary heart disease and related mortality, women experience more incidence at increasing age.
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Women also have higher rates of autoimmune disorders than men; one hypothesis for this is that testosterone facilitates immunosuppression in men, decreasing the likelihood men create autoantibodies that can target their own bodies, leading to autoimmune disease.
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Most countries report higher rates of chronic kidney disease (CKD) in women compared to men. However, the difference in CKD rates may be due to the longer life expectancy of women, as kidney function declines with age. Although more women are diagnosed with CKD, among individuals diagnosed with CKD who are not on dialysis treatment, the men exhibit greater mortality rates compared to women. Studies investigating sex differences in kidney disease have suggested that men lose kidney function faster than women. It is hypothesized that this may be due to the protective effects of estrogens and the harmful effects of testosterone on the kidneys, or due to lifestyle differences between men and women.
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=== Biological factors ===
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Proposed explanations for the paradox range from genetic, hormonal, and physiological processes unique to females and males.
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data/en.wikipedia.org/wiki/Health_survival_paradox-1.md
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title: "Health survival paradox"
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source: "https://en.wikipedia.org/wiki/Health_survival_paradox"
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==== Genetic factors ====
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The female sex has two X chromosomes that can protect against expression of recessive genes and allows a female survival advantage. A research study conducted on flies indicated that the alleles that contribute to male inclusive fitness also harm female health, and thus contribute to the paradox.
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==== Physiological factors ====
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It is also a possibility that the female hormone, estrogen, contributes to the female survival advantage. In cutaneous melanoma, estrogen was evaluated to determine its effect on a steroid hormone-sensitive cancer. While no difference in survival was concluded between two genders due to limited data, women tend to have better prognosis due to the presence of estrogen receptor beta. However, this is a continued study that may be due to biological factors—such as immune response, inflammation, pharmacokinetics, or hormones—or from social factors—such as women tending to have more ultraviolet protection and frequent medical visits.
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Although studies have shown the protective effects of estrogen on cardiovascular health (i.e. by lowering LDL and increasing HDL) and brain cell health, there are doubts about the role of hormones due to mixed results in hormone replacement therapy studies on elderly women. For instance, although lower levels of LDL may prevent atherosclerotic buildup which can lead to chronic heart disease, estrogen may overall elevate chronic heart disease in older women with advanced plaque buildup by causing thrombosis.
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Women can store excess high-density lipoproteins, which most likely slows the progression of plaque growth. Interestingly, calcium metabolism may contribute to the female mortality advantage. After age 35, where the human skeleton grows to its maximum size, calcium buildup increases significantly due to constant release from a deteriorating skeleton, less exercise for calcium release via sweating, and continued dietary intake. Consequently, excess calcium deposits in soft tissues, causing stiffening of arteries and higher blood pressure, leading to cardiovascular disease. For women, however, calcium influx can halt or be reversed during pregnancy and lactation. Women can also release calcium via menstrual cycle until menopause.
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Women additionally have lower mortality rates in high-mortality conditions like famine and epidemics. In such conditions, most of the advantage comes from differences in infant mortality rates.
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=== Social factors ===
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Another possible explanation of the paradox is a social expectation of the female sex role, making women more willing to seek medical help sooner. There is mixed evidence on the role of help-seeking and reporting behavior, with some studies reporting that women are more likely to seek and report medical treatment for all symptoms, while others report that women only tend to seek more treatment on malaise-type symptoms.
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As child bearers, females face maternal mortality, which peaked between 1900 and the 1930s. At the time, aseptic technique was not widely practiced, including during child delivery, abortions, and associated surgical procedures. Obstetrics was also a poorly regarded medical specialty where practitioners were poorly trained, if at all. In the early 1930s, hospitals in the United States began establishing rigorous physician qualification and practice guidelines to ensure sufficiently trained obstetricians, application of aseptic technique, and safe and effective deliveries. Other medical advancements, including antibiotic use, blood transfusions, and improved medication management during pregnancy, also improved maternal mortality. Collectively, these improvements reduced maternal mortality by 71%. However, the significant decrease in maternal mortality during this period only accounted for 14% of the longevity difference between females and males.
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=== Psychological factors ===
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A study conducted in the United States (US) consisting of 9,000 participants determined that women have a 1.5 times greater risk of experiencing a mood disorder compared to men. Additionally, a 2006 study examining mental health in New Zealand found that lifetime rates for major depression are higher in women (20.3%) compared to men (11.4%). Not only do women experience a greater preponderance of depression compared to men, they also experience greater severity of symptoms. The symptoms that women experienced with greater severity included weight gain and increased appetite, greater interpersonal sensitivity, and reduced energy. Women also experience onset of depression at an earlier age, and experience more years of depression when compared to men.
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== Female survival advantage ==
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data/en.wikipedia.org/wiki/Health_survival_paradox-2.md
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source: "https://en.wikipedia.org/wiki/Health_survival_paradox"
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Records of the female survival advantage can be traced back to the 18th century, but the phenomenon gained popularity and caught the eyes of researchers in the 19th century. Females outlive males for all age groups and every year for which reliable records exist. Specifically, in "contemporary industrialized countries", female survival is 1.5-2.0 times higher than that of males.
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A female survival advantage is found in some, but not all species. Various explanations for this have been proposed but none are strongly supported. Most species studied for differences in morbidity and mortality between sexes show conditional sex differences in life span, with both male and females experiencing advantage depending on the species. In humans, females appear to have a consistent survival advantage. Females outlive males in 176 of 178 countries for which records are available, both at age 5 and at age 50. In a study in the UK, males scoring higher "femininity scores", when compared to their more stereotypical "masculine" male counterparts, had lower death rates from heart disease, suggesting that masculine behavior increases the risk of premature mortality.
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The female survival advantage holds true among humans, but the same can not be said for baboons and birds. In a study conducted on Amboseli baboons, it was found that although females outlive their male counterparts, both sexes had either similar rates of age-related declines in health, or greater health declines in males compared to females. In another study focused on Eurasian Blackbirds found lower survival in females due to more passive phenotypes that increased predation susceptibility.
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A significant biological factor that may contribute to the female survival advantage is the difference in sex chromosome composition in males and females. The male sex is biologically defined by having one Y sex chromosome, and is heterogametic, while females only have X chromosomes. Typically females have two X chromosomes, one active and one inactive, that can compensate one another for X chromosome gene mutations. In a longitudinal study following identical female twins and changes in X chromosome inactivation, skewed X chromosome inactivation patterns present at later stages of life suggested homologous sex chromosomes to benefit survival. Without multiple X chromosomes, males are more susceptible to X-linked diseases, or the effects of X chromosome mutations. These X-linked diseases include color blindness, hemophilia, and Duchenne muscular dystrophy.
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== Male morbidity advantage ==
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Although males experience greater mortality, they appear to have the advantage of lower morbidity. Females tend to report poorer health and more hospital visits than males. Females also have a greater tendency to develop psychological disorders compared to males. Females spend more years in good health than males; however, females spend more years in poor health than males as a proportion of their life expectancy. This implies that the male morbidity advantage is linked to the female survival advantage.
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== Potential bias ==
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Data collected from a research study in Denmark indicated that the paradox is likely due, in part, to selection bias. Females have higher preferences for absenteeism. On average, they are absent from work for health reasons more often than males, including when they do not have objectively worse health.
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It may also be a possibility that under-reporting and selective non-participation of health problems, and delaying medical attention and treatment may make it appear that males have less medical problems than females. Misperceptions, such as females being more protected from cardiovascular diseases, may contribute to the morbidity-mortality paradox; females tend to have less aggressive treatment regimens, shown by having lower diagnostic angiograms and interventional procedures when compared to males.
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Researchers also suggest that because males have been shown to have an increased likelihood of suddenly dying, females may appear to have higher incidence of morbidity when surveyed in research studies; in other words, females tend to outlive males, and the females carry diseases that are counted as morbidity in studies while males die earlier from these morbidities and leave healthier male counterparts in the study, which makes it appear that they have lower morbidity than females. However, in a systematic review encompassing over 37,000 adults from developed and developing countries, this confounder appeared to be discredited since females experienced higher frailty index scores (used as a surrogate to measure morbidity) than males for any age group.
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== Statistics ==
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== See also ==
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Health equity#Sex and gender in healthcare equity
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Homicide statistics by gender
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Mental disorders and gender
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Gender differences in suicide
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Sex differences in medicine
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Frailty syndrome
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== References ==
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data/en.wikipedia.org/wiki/Heortology-0.md
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title: "Heortology"
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Heortology or eortology is a science that deals with the origin and development of religious festivals, and more specifically the study of the history and criticism of liturgical calendars and martyrologies.
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== Etymology ==
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The noun eortology comes from the ancient Greek compound of the term ἑορτή "feast" and the suffix -logia which means "study". Thus, eortology is the study of festivals, especially their history and meaning in the church year.
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== History ==
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Christian heortology dates back at least to Johann Adam Trummerer's Eortologia Anagrammaike published in 1607.
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German Lutheran theologian Michael Lilienthal published a German-language heortology in 1724 to show the origin of Christian celebrations. Wilhelm Dibelius published the second eortological study of the Christian rite in German in 1841. In parallel with modern archaeology, studies also examined the question of the rites of Greek and Roman antiquity, following the work of August Mommsen, published in Leipzig in 1864 under the title of Heortologie: Antiquarische Untersuchungen über die städtischen Feste der Athener.
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Christian heortology particularly developed at the instigation of the Jesuit Nikolaus Nilles and the liturgical movement from the end of the 19th century. Prominent heortologists were the Sulpician Pierre Batiffol who published History of the Roman Breviary in 1893, Hartmann Grisar who published Analecta Romana in 1899, and the canon Louis Duchesne who published studies on the Origins of Christian worship. German scholar Karl Adam Heinrich Kellner published Heortologie, oder, das Kirchenjahr und die Heiligenfeste in ihrer geschichtlichen Entwicklung in Freiburg im Breisgau in 1901.
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As the Second Ecumenical Vatican Council approached, many heortologists published major works, such as Missarum Sollemnia: Genetic Explanation of the Roman Mass by the Jesuit Josef Andreas Jungmann, published first in German in 1948. At the same time, Mircea Eliade focused on the importance of religious thought on contemporary society through his heortological studies of primitive religions.
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== Relations with other sciences ==
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Heortology is related to many other disciplines such as social anthropology, astronomy, history and liturgy.
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=== Anthropology ===
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Heortology has considerable importance in anthropology, as it associates time cycles with civilizations and civilizational patterns. Sociology, with Émile Durkheim as its precursor, raises the question of the importance of religion and, in particular, of religious celebrations, in society.
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Anthropological philosophy questions the link that exists between collective celebrations and individual questions and fears. To what extent is the general perception of truths reflected in cults, rites and customs? A precursor of this problematic was Johan Huizinga with his book Homo Ludens. The study of the feasts that narrate the life of a saint or other character is of paramount importance, both from a philosophical and sociological point of view.
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=== Agriculture ===
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Since agriculture was an important determinant of the sustainability of most ancient civilizations and is heavily influenced by annual cycles, it is normally heortology relies on the sciences of agriculture to explain the recurrence of the festivities.
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=== Astronomy ===
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Heortology is also based on notions of astronomy. Certain festivities move over the years, either because they are linked to the cycles of the lunar evolution, or because they take into account the year of 360 days, i.e. 365 days, without counting the hours of difference between the complete return of the Earth around the Sun and revolutions around it.
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Other cyclic temporal recurrence patterns have been found, such as the changing phases of Venus relative to Earth, influencing the timing of certain festivities.
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=== History ===
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Heortology also relies on the science of history to understand the origin and evolution of rituals. A festival is generally a re-enactment of a solemn, legendary or real act. Thus, ancient civilizations commemorate as the victory of a hero over a serpent-god, or the betrothal of the Earth to the Sun while for Christians, Easter is the solemn celebration of the resurrection of Jesus Christ.
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=== Liturgy ===
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Heortology, which is closely related to the liturgy itself, contributes to the importance of the latter in dogmatic and disciplinary dissertations.
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== References ==
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---
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title: "Humanities, arts, and social sciences"
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source: "https://en.wikipedia.org/wiki/Humanities,_arts,_and_social_sciences"
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category: "reference"
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tags: "science, encyclopedia"
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date_saved: "2026-05-05T03:58:02.111283+00:00"
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instance: "kb-cron"
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---
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Humanities, Arts, and Social Sciences (HASS) (or Arts, Humanities and Social Sciences, AHSS), also known as social studies, is a broad term that groups together the academic disciplines of humanities, arts and social sciences. It is viewed as an academic counterpart to Science, Technology, Engineering, and Mathematics (STEM) in the United States, Canada, India, Australia, and other countries. HASS graduates comprise the majority of the workforce in many developed countries (e.g. 64% in Australia). However, HASS courses often receive lower governmental funding and may have lower reputations within universities. There is a measured relationship between citizens' HASS awareness with more accurate threat perceptions, high community activity, and cultural engagement at the local level. In recent years, a return to a holistic reintegration of HASS and STEM disciplines has been promoted in the U.S. by the National Academies of Sciences, Engineering, and Medicine.
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Some of the disciplines it covers are philosophy, theology, sociology, communication sciences, social psychology, human geography, demography, anthropology, social work, linguistics, history, archaeology, politics, economics, law, pedagogy, journalism, literature, musicology, administration, accounting, commerce, music, dance, painting, sculpture, graphic design, theater, cinematography, interior design, industrial design, criticism, art history, cultural studies, tourism, gastronomy, among others.
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In the Philippines, a similar term called humanities and social sciences is used to describe a senior high strand that involves the liberal arts. This strand was set up in place as part of the K-12 program that was implemented in the country.
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== History ==
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In 2020, an initiative in the UK rebranded the HASS acronym for humanities, the arts and social sciences as SHAPE (Social Sciences, Humanities and the Arts for People and the Economy), to promote and highlight the importance of these subjects in education, society, and the economy.
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== See also ==
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Social studies
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== References ==
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source: "https://en.wikipedia.org/wiki/International_order"
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date_saved: "2026-05-05T03:58:03.272779+00:00"
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In international relations, international order consists of patterned or structured relationships (such as polarity) between actors on the international level.
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== Definition ==
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David Lake, Lisa Martin and Thomas Risse define "order" as "patterned or structured relationships among units".
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Michael Barnett defines an international order as "patterns of relating and acting" derived from and maintained by rules, institutions, law and norms. International orders have both a material and social component. Legitimacy (the generalized perception that actions are desirable, proper or appropriate) is essential to political orders. George Lawson has defined an international order as "regularized practices of exchange among discrete political units that recognize each other to be independent." John Mearsheimer defines an international order "an organized group of international institutions that help govern the interactions among the member states."
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In After Victory (2001), John Ikenberry defines a political order as "the governing arrangements among a group of states, including its fundamental rules, principles and institutions."
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The United Nations has been characterized as a proxy for how states broadly perceive the international order.
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Jeff Colgan has characterized international order as entailing multiple subsystems. These subsystems can experience drastic change without fundamentally changing the international order.
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== Liberal international order ==
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The liberal international order is a set of global, rule-based, structured relationships based on political liberalism, economic liberalism and liberal internationalism since the late 1940s. More specifically, it entails international cooperation through multilateral institutions (like the United Nations, World Trade Organization and International Monetary Fund) and is constituted by human equality (freedom, rule of law and human rights), open markets, security cooperation, promotion of liberal democracy, and monetary cooperation. The order was established in the aftermath of World War II, led in large part by the United States.
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The nature of the liberal international order, as well as its very existence, has been debated by scholars. The LIO has been credited with expanding free trade, increasing capital mobility, spreading democracy, promoting human rights, and collectively defending the West from the Soviet Union. These achievements have been enshrined in institutionalized political myths which confer legitimacy and coherence within Western contexts, even as violations erode their authority and diminish their significance elsewhere. The LIO facilitated unprecedented cooperation among the states of North America, Western Europe and Japan. Over time, the LIO facilitated the spread of economic liberalism to the rest of the world, as well as helped consolidate democracy in formerly fascist or communist countries.
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Origins of the LIO have commonly been identified as the 1940s, usually starting in 1945. John Mearsheimer has dissented with this view, arguing that the LIO only arose after the end of the Cold War, since Liberal International Order is practically possible only during unipolar moment(s), while at the time of the Cold War the World was bipolar. Core founding members of the LIO include the states of North America, Western Europe and Japan; these states form a security community. The characteristics of the LIO have varied over time. Some scholars refer to a Cold War variation of the LIO and a post-Cold War variation. The Cold War variation was primarily limited to the West and entailed weak global institutions, whereas the post-Cold War variation was worldwide in scope and entailed global institutions with "intrusive" powers.
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Aspects of the LIO are challenged internally within liberal states by populism, protectionism and nationalism. Scholars have argued that embedded liberalism (or the logics inherent in the Double Movement) are key to maintaining public support for the planks of the LIO; some scholars have raised questions whether aspects of embedded liberalism have been undermined, thus leading to a backlash against the LIO.
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Externally, the LIO is challenged by authoritarian states, illiberal states, and states that are discontented with their roles in world politics. China, Russia, and more recently the United States have been characterized as prominent challengers to the LIO. Some scholars have argued that the LIO contains self-undermining aspects that could trigger backlash or collapse.
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== See also ==
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International relations (IR), or International studies (IS), the study of foreign affairs and global issues among states within the international system
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New world order (politics), a post–Cold War political concept promulgated by Mikhail Gorbachev and George H.W. Bush
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World government, the notion of a single common political authority for all of humanity
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World-system within the world-systems theory, a socioeconomic theory associated with thinkers such as Andre Gunder Frank and Immanuel Wallerstein
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Neorealism in international relations, or structural realism, a theory of international relations, which includes:
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Hegemonic stability theory (HST), a theory that the international system is more likely to remain stable when a single nation-state is the dominant world power
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Power (international), state power, including economic and military power
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Anarchy in international relations, a concept in international relations theory holding that the world system lacks a global authority
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Clash of Civilizations
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Global policeman
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World Federalist Movement/Institute for Global Policy
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== References ==
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title: "Jurisprudence"
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source: "https://en.wikipedia.org/wiki/Jurisprudence"
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Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be. It investigates issues such as the definition of law; legal validity; legal norms and values; and the relationship between law and other fields of study, including economics, ethics, history, sociology, and political philosophy.
|
||||
Modern jurisprudence began in the 18th century and was based on the first principles of natural law, civil law, and the law of nations. Contemporary philosophy of law addresses problems internal to law and legal systems, as well as problems of law as a social institution that relate to the larger political and social context in which it exists. Jurisprudence can be divided into categories both by the type of question scholars seek to answer and by the theories of jurisprudence, or schools of thought, regarding how those questions are best answered:
|
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||||
Natural law holds that there are rational, objective limits to the power of rulers, the foundations of law are accessible through reason, and it is from these laws of nature that human laws gain force.
|
||||
Analytic jurisprudence attempts to describe what law is. The two historically dominant theories in analytic jurisprudence are legal positivism and natural law theory. According to Legal Positivists, what law is and what law ought to be have no necessary connection to one another, so it is theoretically possible to engage in analytic jurisprudence without simultaneously engaging in normative jurisprudence. According to Natural Law Theorists, there is a necessary connection between what law is and what it ought to be, so it is impossible to engage in analytic jurisprudence without simultaneously engaging in normative jurisprudence.
|
||||
Normative jurisprudence attempts to prescribe what law ought to be. It is concerned with the goal or purpose of law and what moral or political theories provide a foundation for the law. It attempts to determine the proper function of law, which acts should be subject to legal sanctions, and which punishments should be permitted.
|
||||
Sociological jurisprudence studies the nature and functions of law in the light of social scientific knowledge. It emphasises variation in legal phenomena across different cultures and societies. It relies especially on empirically oriented social theory but draws theoretical resources from diverse disciplines.
|
||||
Experimental jurisprudence seeks to investigate the content of legal concepts using the methods of social science, unlike the philosophical methods of traditional jurisprudence.
|
||||
The terms "philosophy of law" and "jurisprudence" are often used interchangeably, though jurisprudence sometimes encompasses forms of reasoning that fit into economics or sociology.
|
||||
|
||||
== Overview ==
|
||||
|
||||
Whereas lawyers are interested in what the law is on a specific issue in a specific jurisdiction, analytical philosophers of law are interested in identifying the features of law shared across cultures, times, and places. Taken together, these foundational features of law offer the kind of universal definition philosophers are after. The general approach allows philosophers to ask questions about, for example, what separates law from morality, politics, or practical reason. While the field has traditionally focused on giving an account of law's nature, some scholars have begun to examine the nature of domains within law, e.g. tort law, contract law, or criminal law. These scholars focus on what makes certain domains of law distinctive and how they differ from one another. A particularly fecund area of research has been the distinction between tort law and criminal law, which more generally bears on the difference between civil and criminal law.
|
||||
In addition to analytic jurisprudence, legal philosophy is also concerned with normative theories of law. "Normative jurisprudence involves normative, evaluative, and otherwise prescriptive questions about the law."
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== Etymology and terminology ==
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The English word is derived from the Latin, iurisprudentia. Iuris is the genitive form of ius meaning law, and prudentia meaning prudence (also: discretion, foresight, forethought, circumspection). It refers to the exercise of good judgment, common sense, and caution, especially in the conduct of practical matters. The word first appeared in written English in 1628, at a time when the word prudence meant knowledge of, or skill in, a matter. It may have entered English via the French jurisprudence, which appeared earlier.
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== History ==
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Ancient jurisprudence begins with various Dharmaśāstra texts of India. Dharmasutras of Āpastaṃba and Baudhāyana are examples.
|
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In Ancient China, the Daoists, Confucians, and Legalists all had competing theories of jurisprudence.
|
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Jurisprudence in ancient Rome had its origins with the periti—experts in the jus mos maiorum (traditional law), a body of oral laws and customs. Praetors established a working body of laws by judging whether or not singular cases were capable of being prosecuted either by the edicta, the annual pronunciation of prosecutable offences, or in extraordinary situations, additions made to the edicta. A iudex (originally a magistrate, later a private individual appointed to judge a specific case) would then prescribe a remedy according to the facts of the case.
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The sentences of the iudex were supposed to be simple interpretations of the traditional customs, but—apart from considering what traditional customs applied in each case—soon developed a more equitable interpretation, coherently adapting the law to newer social exigencies. The law was then adjusted to reflect evolving institutiones (legal concepts) while remaining in the traditional mode. Praetors were replaced in the 3rd century BC by a laical body of prudentes. Admission to this body was conditional upon proof of competence or experience. Under the Roman Empire, schools of law were created, and the practice of the law became more academic. From the early Roman Empire to the 3rd century, a relevant body of literature was produced by groups of scholars, including the Proculians and Sabinians. The scientific nature of the studies was unprecedented in ancient times. After the 3rd century, juris prudentia became a more bureaucratic activity, with few notable authors. It was during the Eastern Roman Empire (5th century) that legal studies were once again undertaken in depth, and it is from this cultural movement that Justinian's Corpus Juris Civilis was born.
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Modern jurisprudence began in the 18th century and was based on the first principles of natural law, civil law, and the law of nations.
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== Natural law ==
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||||
Natural law holds that there are rational, objective limits to the power of rulers, the foundations of law are accessible through reason, and it is from these laws of nature that human laws gain force. The moral theory of natural law asserts that law is inherent in nature and constitutive of morality, at least in part, and that an objective moral order, external to human legal systems, underlies natural law.
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On this view, while legislators can enact and even successfully enforce immoral laws, such laws are legally invalid. The maxim captures the view: "an unjust law is no law at all", where 'unjust' means 'contrary to the natural law.' Natural law theory has medieval origins in the philosophy of Thomas Aquinas, especially in his Treatise on law. In the late 20th century, John Finnis revived interest in the theory and offered a modern reworking. For one, Finnis has argued that the maxim "an unjust law is no law at all" is a poor guide to the classical Thomist position.
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In its general sense, natural law theory may be compared to both state-of-nature law and general law understood as analogous to the laws of physical science. Natural law is often contrasted with positive law, which treats law as the product of human activity and volition. Another approach to natural-law jurisprudence generally asserts that human law must respond to compelling reasons for action. There are two readings of the natural-law jurisprudential stance.
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||||
The strong natural law thesis holds that if a human law fails to be in response to compelling reasons, then it is not properly a "law" at all. This is captured, imperfectly, in the famous maxim: lex iniusta non est lex (an unjust law is no law at all).
|
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The weak natural law thesis holds that if a human law fails to be in response to compelling reasons, then it can still be called a "law", but it must be recognised as a defective law.
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=== Aristotle ===
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Aristotle is often said to be the father of natural law. Like his philosophical forefathers Socrates and Plato, Aristotle posited the existence of natural justice or natural right (dikaion physikon, δικαίον φυσικόν, Latin ius naturale). His association with natural law stems largely from his interpretation by Thomas Aquinas. This was based on Aquinas' conflation of natural law and natural right, the latter of which Aristotle posits in Book V of the Nicomachean Ethics (Book IV of the Eudemian Ethics). Aquinas's influence was such that it affected several early translations of these passages, though more recent translations render them more literally.
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Aristotle's theory of justice is bound up in his idea of the golden mean. Indeed, his treatment of what he calls "political justice" derives from his discussion of "the just" as a moral virtue derived as the mean between opposing vices, just like every other virtue he describes. The longest discussion of his theory of justice occurs in Nicomachean Ethics and begins by asking what sort of mean a just act is. He argues that the term "justice" actually refers to two different but related ideas: general justice and particular justice. When a person's actions toward others are completely virtuous in all matters, Aristotle calls them "just" in the sense of "general justice"; as such, this idea of justice is more or less coextensive with virtue. "Particular" or "partial justice", by contrast, is the part of "general justice" or the individual virtue that is concerned with treating others equitably.
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Aristotle moves from this unqualified discussion of justice to a qualified view of political justice, by which he means something close to the subject of modern jurisprudence. Of political justice, Aristotle argues that it is partly derived from nature and partly a matter of convention. This can be taken as a statement that is similar to the views of modern natural law theorists. But it must also be remembered that Aristotle is describing a view of morality, not a system of law, and therefore his remarks as to nature are about the grounding of the morality enacted as law, not the laws themselves.
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The best evidence of Aristotle's having thought there was a natural law comes from the Rhetoric, where Aristotle notes that, aside from the "particular" laws that each people has set up for itself, there is a "common" law that is according to nature. The context of this remark, however, suggests only that Aristotle thought that it could be rhetorically advantageous to appeal to such a law, especially when the "particular" law of one's own city was adverse to the case being made, not that there actually was such a law. Aristotle, moreover, considered certain candidates for a universally valid, natural law to be wrong. Aristotle's theoretical paternity of the natural law tradition is consequently disputed.
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=== Thomas Aquinas ===
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Thomas Aquinas is the foremost classical proponent of natural theology and the father of the Thomistic school of philosophy, which for a long time was the primary philosophical approach of the Roman Catholic Church. The work for which he is best known is the Summa Theologiae. One of the thirty-five Doctors of the Church, he is considered by many Catholics to be the Church's greatest theologian. Consequently, many institutions of learning have been named after him.
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Aquinas distinguished four kinds of law: eternal, natural, divine, and human:
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||||
Eternal law refers to divine reason, known only to God. It is God's plan for the universe. Man needs this plan; without it, he would lack direction.
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Natural law is the "participation" in the eternal law by rational human creatures, and is discovered by reason
|
||||
Divine law is revealed in the scriptures and is God's positive law for humanity
|
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Human law is supported by reason and enacted for the common good.
|
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Natural law is based on "first principles":
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||||
... this is the first precept of the law, that good is to be done and promoted, and evil is to be avoided. All other precepts of the natural law are based on this ...
|
||||
Aquinas counts the desires to live and to procreate among those basic (natural) human values on which all other human values are based.
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=== School of Salamanca ===
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||||
Francisco de Vitoria was perhaps the first to develop a theory of ius gentium (law of nations), and thus is an important figure in the transition to modernity. He extrapolated his ideas of legitimate sovereign power to international affairs, concluding that such affairs ought to be determined by forms that respect the rights of all and that the common good of the world should take precedence over the good of any single state. This meant that relations between states ought to pass from being justified by force to being justified by law and justice. Some scholars have challenged the standard account of the origins of International law, which emphasises the seminal text De iure belli ac pacis by Hugo Grotius, and have argued for the importance of Vitoria and, later, Suárez as forerunners and, potentially, founders of the field. Others, such as Koskenniemi, have argued that none of these humanist and scholastic thinkers can be understood to have founded international law in the modern sense, instead placing its origins in the post-1870 period.
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||||
Francisco Suárez, regarded as among the greatest scholastics after Aquinas, subdivided the concept of ius gentium. Working with already well-formed categories, he carefully distinguished ius inter gentes from ius intra gentes. Ius inter gentes (which corresponds to modern international law) was something common to the majority of countries, although, being positive law, not natural law, it was not necessarily universal. On the other hand, ius intra gentes, or civil law, is specific to each nation.
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=== Lon Fuller ===
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Writing after World War II, Lon L. Fuller defended a secular and procedural form of natural law. He emphasised that the (natural) law must meet certain formal requirements (such as being impartial and publicly knowable). To the extent that an institutional system of social control falls short of these requirements, Fuller argued, we are less inclined to recognise it as a system of law, or to give it our respect. Thus, the law must have a morality that goes beyond the societal rules under which laws are made.
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=== John Finnis ===
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Sophisticated positivist and natural law theories sometimes resemble each other and may have certain points in common. Identifying a particular theorist as a positivist or a natural law theorist sometimes involves matters of emphasis and degree, as well as the specific influences on the theorist's work. The natural law theorists of the distant past, such as Aquinas and John Locke, made no distinction between analytic and normative jurisprudence. In contrast, modern natural law theorists, such as John Finnis, who identify as positivists, still argue that law is moral by nature. In his book Natural Law and Natural Rights (1980, 2011), John Finnis provides a restatement of natural law doctrine.
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== Analytic jurisprudence ==
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Unlike experimental jurisprudence, which investigates the content of legal concepts using the methods of social science, analytical jurisprudence seeks to provide a general account of the nature of law through the tools of conceptual analysis. The account is general in the sense that it targets universal features of law that hold at all times and in all places.
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Analytic, or clarificatory, jurisprudence takes a neutral point of view and uses descriptive language when referring to various aspects of legal systems. This was a philosophical development that rejected natural law's fusing of what law is and what it ought to be. David Hume argued, in A Treatise of Human Nature, that people invariably slip from describing what the world is to asserting that we therefore ought to follow a particular course of action. But as a matter of pure logic, one cannot conclude that we ought to do something merely because something is the case. So analysing and clarifying the way the world is must be treated as a strictly separate question from normative and evaluative questions of what ought to be done.
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The most important questions of analytic jurisprudence are: "What are laws?"; "What is the law?"; "What is the relationship between law and power/sociology?"; and "What is the relationship between law and morality?" Legal positivism is the dominant theory, although there is a growing number of critics who offer their own interpretations.
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=== Historical school ===
|
||||
Historical jurisprudence came to prominence during the debate on the proposed codification of German law. In his book On the Vocation of Our Age for Legislation and Jurisprudence, Friedrich Carl von Savigny argued that Germany did not have a legal language that would support codification because the traditions, customs, and beliefs of the German people did not include a belief in a code. Historicists believe that law originates with society.
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=== Sociological jurisprudence ===
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||||
An effort to systematically inform jurisprudence with sociological insights developed from the beginning of the twentieth century, as sociology began to establish itself as a distinct social science, especially in the United States and in continental Europe. In Germany, Austria, and France, the work of the "free law" theorists (e.g., Ernst Fuchs, Hermann Kantorowicz, Eugen Ehrlich, and François Gény) encouraged the use of sociological insights in the development of legal and juristic theory. The most internationally influential advocacy for a "sociological jurisprudence" occurred in the United States, where, throughout the first half of the twentieth century, Roscoe Pound, for many years the Dean of Harvard Law School, used this term to characterise his legal philosophy. In the United States, many later writers followed Pound's lead or developed distinctive approaches to sociological jurisprudence. In Australia, Julius Stone strongly defended and developed Pound's ideas.
|
||||
In the 1930s, a significant split emerged between the sociological jurists and the American legal realists. In the second half of the twentieth century, sociological jurisprudence, as a distinct movement, declined as jurisprudence came more strongly under the influence of analytical legal philosophy. Still, with increasing criticism of dominant orientations in legal philosophy in English-speaking countries in the present century, it has attracted renewed interest. Increasingly, its contemporary focus is on providing theoretical resources to aid jurists in understanding new forms of regulation (for example, the diverse kinds of developing transnational law) and the increasingly important interrelations between law and culture, especially in multicultural Western societies. As an approach to jurisprudence, sociological jurisprudence uses the resources of social science to serve value-oriented juristic purposes. As such, it should be distinguished from sociology of law, which, as a field of social science, has no necessary commitment to juristic aims.
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=== Legal positivism ===
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Legal positivism is the view that the content of law is dependent on social facts and that a legal system's existence is not constrained by morality. Within legal positivism, theorists agree that law's content is a product of social facts, but theorists disagree whether law's validity can be explained by incorporating moral values. Legal positivists who argue against the incorporation of moral values to explain law's validity are labeled exclusive (or hard) legal positivists. Joseph Raz's legal positivism is an example of exclusive legal positivism. Legal positivists who argue that law's validity can be explained by incorporating moral values are labeled inclusive (or soft) legal positivists. The legal positivist theories of H. L. A. Hart and Jules Coleman are examples of inclusive legal positivism.
|
||||
Legal positivism has traditionally been associated with three doctrines: the pedigree thesis, the separability thesis, and the discretion thesis. The pedigree thesis says that the right way to determine whether a directive is law is to look at the directive's source. The thesis claims that the fact that the directive was issued by the proper official within a legitimate government, for example, determines the directive's legal validity—not its moral or practical merits. The separability thesis states that law is conceptually distinct from morality. While law might contain morality, the separability thesis states that "it is in no sense a necessary truth that laws reproduce or satisfy certain demands of morality, though in fact they have often done so." Legal positivists disagree about the extent of the separability thesis. Exclusive legal positivists, notably Joseph Raz, go further than the standard thesis and deny that morality can be a part of law at all. The discretion thesis holds that judges create new law when they are given discretion to adjudicate cases in which existing law underdetermines the result.
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==== Thomas Hobbes ====
|
||||
|
||||
Hobbes was a social contractarian and believed that the law had people's tacit consent. He believed that society was formed from a state of nature to protect people from the state of war that would exist otherwise. In Leviathan, Hobbes argues that without an ordered society, life would be "solitary, poor, nasty, brutish and short." It is commonly said that Hobbes's views on human nature were influenced by his times. The English Civil War and the Cromwellian dictatorship had taken place; and, in reacting to that, Hobbes felt that absolute authority vested in a monarch, whose subjects obeyed the law, was the basis of a civilized society.
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==== Bentham and Austin ====
|
||||
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||||
John Austin and Jeremy Bentham were early legal positivists who sought to provide a descriptive account of law as it is. Austin explained the descriptive focus for legal positivism by saying, "The existence of law is one thing; its merit and demerit another. Whether it be or be not is one enquiry; whether it be or be not conformable to an assumed standard, is a different enquiry." For Austin and Bentham, a society is governed by a sovereign who has de facto authority. Through the sovereign's authority come laws, which, for Austin and Bentham, are commands backed by sanctions for non-compliance. Along with Hume, Bentham was an early and staunch supporter of the utilitarian concept, an avid prison reformer, an advocate for democracy, and a firm atheist. Bentham's views about law and jurisprudence were popularized by his student John Austin. Austin was the first chair of law at the new University of London, from 1829. Austin's utilitarian answer to "what is law?" was that law is "commands, backed by threat of sanctions, from a sovereign, to whom people have a habit of obedience". H. L. A. Hart criticized Austin and Bentham's early legal positivism because the command theory failed to account for an individual's compliance with the law.
|
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||||
==== Hans Kelsen ====
|
||||
|
||||
Hans Kelsen is considered one of the preeminent jurists of the 20th century and has been highly influential in Europe and Latin America, although less so in common law countries. His Pure Theory of Law describes law as "binding norms" while simultaneously refusing to evaluate those norms. That is, "legal science" is to be separated from "legal politics". Central to the Pure Theory of Law is the notion of a 'basic norm' (Grundnorm)—a hypothetical norm, presupposed by the jurist, from which all "lower" norms in the hierarchy of a legal system, beginning with constitutional law, are understood to derive their authority or the extent to which they are binding. Kelsen contends that the extent to which legal norms are binding—their specifically "legal" character—can be understood without ultimately tracing it to some suprahuman source such as God, personified Nature, or—of great importance in his time—a personified State or Nation.
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==== H. L. A. Hart ====
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In the English-speaking world, the most influential legal positivist of the twentieth century was H. L. A. Hart, professor of jurisprudence at Oxford University. Hart argued that the law should be understood as a system of social rules. In The Concept of Law, Hart rejected Kelsen's views that sanctions were essential to law and that a normative social phenomenon, like law, cannot be grounded in non-normative social facts.
|
||||
Hart claimed that law is the union of primary rules and secondary rules. Primary rules require individuals to act or not act in certain ways and create duties for the governed to obey.
|
||||
Secondary rules are rules that confer authority to create new primary rules or modify existing ones. Secondary rules are divided into rules of adjudication (how to resolve legal disputes), rules of change (how laws are amended), and the rule of recognition (how laws are identified as valid). The validity of a legal system derives from the "rule of recognition", a customary practice among officials (especially barristers and judges) who identify certain acts and decisions as sources of law. In 1981, Neil MacCormick wrote a pivotal book on Hart (second edition published in 2008), which further refined and offered some important criticisms that led MacCormick to develop his own theory (the best example of which is his Institutions of Law, 2007). Other important critiques include those of Ronald Dworkin, John Finnis, and Joseph Raz.
|
||||
In recent years, debates on the nature of law have become increasingly fine-grained. One important debate is within legal positivism. One school is sometimes called "exclusive legal positivism" and is associated with the view that a norm's legal validity can never depend on its moral correctness. A second school is labeled "inclusive legal positivism", a major proponent of which is Wil Waluchow, and is associated with the view that moral considerations may, but do not necessarily, determine the legal validity of a norm.
|
||||
|
||||
==== Joseph Raz ====
|
||||
|
||||
Joseph Raz's theory of legal positivism argues against incorporating moral values in explaining the validity of law. In Raz's 1979 book The Authority of Law, he criticised what he called the "weak social thesis" to explain law. He formulates the weak social thesis as "(a) Sometimes the identification of some laws turn on moral arguments, but also with, (b) In all legal systems the identification of some law turns on moral argument." Raz argues that law's authority is identifiable purely through social sources, without reference to moral reasoning. This view he calls "the sources thesis". Raz suggests that any categorisation of rules beyond their role as authority is better left to sociology than to jurisprudence. Some philosophers used to contend that positivism was the theory that held that there was "no necessary connection" between law and morality; but influential contemporary positivists—including Joseph Raz, John Gardner, and Leslie Green—reject that view. Raz claims it is a necessary truth that there are vices that a legal system cannot possibly have (for example, it cannot commit rape or murder).
|
||||
|
||||
=== Legal realism ===
|
||||
|
||||
Legal realism is the view that a theory of law should be descriptive and account for the reasons why judges decide cases as they do. Legal realism had some affinities with the sociology of law and sociological jurisprudence. The essential tenet of legal realism is that humans make all law and thus should account for reasons besides legal rules that led to a legal decision.
|
||||
There are two schools of legal realism: American and Scandinavian. American legal realism grew out of the writings of Oliver Wendell Holmes. At the start of Holmes's The Common Law, he claims that "[t]he life of the law has not been logic: it has been experience". This view was a reaction to legal formalism that was popular the time due to the Christopher Columbus Langdell. Holmes's writings on jurisprudence also laid the foundations for the predictive theory of law. In his article "The Path of the Law", Holmes argues that "the object of [legal] study...is prediction, the prediction of the incidence of the public force through the instrumentality of the courts."
|
||||
For the American legal realists of the early twentieth century, legal realism sought to describe the way judges decide cases. For legal realists such as Jerome Frank, judges begin with the facts before them and then apply legal principles. Before legal realism, theories of jurisprudence turned this method on its head, holding that judges should begin with legal principles and then look to the facts.
|
||||
It is common today to identify Justice Oliver Wendell Holmes Jr. as the principal precursor of American Legal Realism (other influences include Roscoe Pound, Karl Llewellyn, and Justice Benjamin Cardozo). Karl Llewellyn, another founder of the U.S. legal realism movement, similarly believed that the law is little more than putty in the hands of judges who can shape case outcomes based on their personal values or policy choices.
|
||||
The Scandinavian school of legal realism argued that law can be explained through the empirical methods used by social scientists. Prominent Scandinavian legal realists are Alf Ross, Axel Hägerström, and Karl Olivecrona. Scandinavian legal realists also took a naturalist approach to law.
|
||||
Despite its decline in popularity, legal realism continues to influence a wide spectrum of jurisprudential schools today, including critical legal studies, feminist legal theory, critical race theory, sociology of law, and law and economics.
|
||||
41
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||||
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|
||||
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|
||||
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|
||||
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|
||||
category: "reference"
|
||||
tags: "science, encyclopedia"
|
||||
date_saved: "2026-05-05T03:58:04.446884+00:00"
|
||||
instance: "kb-cron"
|
||||
---
|
||||
|
||||
=== Critical legal studies ===
|
||||
Critical legal studies is a jurisprudential theory that has developed since the 1970s. In 1977, a group of members of the Law and Society Association struck out on a new theoretical direction. The legal ideas of Peter Gabel, Morton Horwitz, Duncan Kennedy, Karl Klare, Mark Tushnet, and Roberto Unger have now found influence in many law schools. The theory can generally be traced to American legal realism and is considered "the first movement in legal theory and legal scholarship in the United States to have espoused a committed Left political stance and perspective". It holds that the law is largely contradictory, and can be best analyzed as an expression of the policy goals of a dominant social group. Roberto Mangabeira Unger and other authors in the movement contrast critical legal studies as a method, critical in approach, from the impersonal purposes and principles made necessary in legal reasoning, such as formalism. He writes that it was "consequently also by rejecting judges as the chief addressees of legal analysis, and refusing to take the question—how should judges decide cases?—as the defining problem in jurisprudence." According to Unger the new American legal analysis will unlock the democratic potential of free societies in the same way earlier capitalistic economies benefited from the protection of private rights such as contracts and property.
|
||||
|
||||
=== Constitutionalism ===
|
||||
|
||||
=== Legal interpretivism ===
|
||||
|
||||
American legal philosopher Ronald Dworkin's legal theory challenges legal positivists who separate the content of law from morality. In his book Law's Empire, Dworkin argued that law is an "interpretive" concept that requires barristers to find the best-fitting and most just solution to a legal dispute, given their constitutional traditions. According to him, law is not entirely based on social facts, but includes the best moral justification for the institutional facts and practices that form a society's legal tradition. It follows from Dworkin's view that one cannot know whether a society has a legal system in force, or what any of its laws are, until one knows some truths about the moral justifications of the social and political practices of that society. It is consistent with Dworkin's view—in contrast with the views of legal positivists or legal realists—that no-one in a society may know what its laws are, because no-one may know the best moral justification for its practices.
|
||||
Interpretation, according to Dworkin's "integrity theory of law", has two dimensions. To count as an interpretation, the reading of a text must meet the criterion of "fit". Of those interpretations that fit, however, Dworkin maintains that the correct interpretation is the one that portrays the community's practices in the best light, or makes them "the best that they can be". But many writers have doubted whether there is a single best moral justification for the complex practices of any given community, and others have doubted whether, even if there is, it should be counted as part of the law of that community.
|
||||
|
||||
=== Therapeutic jurisprudence ===
|
||||
|
||||
Consequences of the operation of legal rules or legal procedures—or of the behavior of legal actors (such as lawyers and judges)—may be either beneficial (therapeutic) or harmful (anti-therapeutic) to people. Therapeutic jurisprudence ("TJ") studies law as a social force (or agent) and uses social science methods and data to study the extent to which a legal rule or practice affects the psychological well-being of the people it impacts.
|
||||
|
||||
== Normative jurisprudence ==
|
||||
|
||||
In addition to the question "What is law?", legal philosophy is concerned with normative, or "evaluative," theories of law. What is the goal or purpose of law? What moral or political theories provide a foundation for the law? What is the proper function of law? What sorts of acts should be subject to punishment, and what sorts of punishment should be permitted? What is justice? What rights do we have? Is there a duty to obey the law? What value has the rule of law? Some of the different schools and leading thinkers are discussed below.
|
||||
|
||||
=== Virtue jurisprudence ===
|
||||
|
||||
Aretaic moral theories, such as contemporary virtue ethics, emphasize the role of character in morality. Virtue jurisprudence is the view that the laws should promote the development of virtuous character in citizens. Historically, this approach has been mainly associated with Aristotle or Thomas Aquinas. Contemporary virtue jurisprudence is inspired by philosophical work on virtue ethics.
|
||||
|
||||
=== Deontology ===
|
||||
|
||||
Deontology is the "theory of duty or moral obligation". The philosopher Immanuel Kant formulated one influential deontological theory of law. He argued that any rule we follow must be universally applicable, i.e., we must be willing for everyone to follow it. A contemporary deontological approach can be found in the work of the legal philosopher Ronald Dworkin.
|
||||
|
||||
=== Utilitarianism ===
|
||||
|
||||
Utilitarianism is the view that the laws should be crafted to produce the best consequences for the greatest number of people. Historically, utilitarian thinking about law has been associated with the philosopher Jeremy Bentham. John Stuart Mill was a pupil of Bentham's and was the torchbearer for utilitarian philosophy throughout the late nineteenth century. In contemporary legal theory, the utilitarian approach is frequently championed by scholars who work in the law and economics tradition.
|
||||
|
||||
=== John Rawls ===
|
||||
39
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|
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|
||||
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|
||||
category: "reference"
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
John Rawls was an American philosopher; a professor of political philosophy at Harvard University; and author of A Theory of Justice (1971), Political Liberalism, Justice as Fairness: A Restatement, and The Law of Peoples. He is widely considered one of the most important English-language political philosophers of the 20th century. His theory of justice uses a method called "original position" to ask us which principles of justice we would choose to regulate the basic institutions of our society if we were behind a "veil of ignorance". Imagine we do not know who we are—our race, sex, wealth, status, class, or any distinguishing feature—so that we would not be biased in our own favour. Rawls argued from this "original position" that we would choose the same political liberties for everyone, like freedom of speech, the right to vote, and so on. Also, we would choose a system with only inequality because it provides sufficient incentives for the economic well-being of all of society, especially the poorest. This is Rawls's famous "difference principle". Justice is fairness, in the sense that the fairness of the original position of choice guarantees the fairness of the principles chosen in that position.
|
||||
There are many other normative approaches to the philosophy of law, including constitutionalism, critical legal studies, and libertarian theories of law.
|
||||
|
||||
== Experimental jurisprudence ==
|
||||
|
||||
Experimental jurisprudence seeks to investigate the content of legal concepts using the methods of social science, unlike the philosophical methods of traditional jurisprudence.
|
||||
|
||||
== List of philosophers of law ==
|
||||
|
||||
== See also ==
|
||||
|
||||
== References ==
|
||||
|
||||
=== Citations ===
|
||||
|
||||
=== Notes ===
|
||||
|
||||
== Bibliography ==
|
||||
|
||||
== Further reading ==
|
||||
|
||||
== External links ==
|
||||
|
||||
LII Law about ... Jurisprudence.
|
||||
The Roman Law Library, incl. Responsa prudentium by Professor Yves Lassard and Alexandr Koptev.
|
||||
Evgeny Pashukanis - General Theory of Law and Marxism.
|
||||
Internet Encyclopedia: Philosophy of Law.
|
||||
The Opticon: Online Repository of Materials covering the Spectrum of U.S. Jurisprudence.
|
||||
Bibliography on the Philosophy of Law. Peace Palace Library
|
||||
41
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|
||||
---
|
||||
title: "Macro social work"
|
||||
chunk: 1/2
|
||||
source: "https://en.wikipedia.org/wiki/Macro_social_work"
|
||||
category: "reference"
|
||||
tags: "science, encyclopedia"
|
||||
date_saved: "2026-05-05T03:58:05.709384+00:00"
|
||||
instance: "kb-cron"
|
||||
---
|
||||
|
||||
Macro social work is the use of social work skills training and perspective to produce large scale social change or social justice of some kind. Unlike micro or mezzo social work, which deals with individual and small group issues, macro social work aims to address societal problems at their roots; however, it has recently not received the same level of importance.
|
||||
|
||||
== Professional roles and functions ==
|
||||
Macro social workers work in a variety of public institutions, including legislative (as elected officials and advocates), executive (as administrators, managers, researchers and experts) or judicial (as expert witnesses in courts) on federal, state, or local level. Macro social workers are also found in the private sector usually in executive positions in their respective organizations. Historically, social work included both micro and macro practice, but there has been a generational trend towards micro practice, which focuses on therapeutic work with people, families, and groups.
|
||||
|
||||
== Scope and importance ==
|
||||
Macro social work is a branch of social work that focuses on large-scale social processes and systemic issues. It involves interventions and strategies that target communities, organizations, and policy to promote social change, justice, and the well-being of populations.
|
||||
Macro social work encompasses a broad range of activities including advocacy, community organizing, policy analysis, program development, and business administration. Practitioners in this field work to influence social policies, develop and implement social programs, and lead community initiatives. They aim to address systemic issues such as poverty, discrimination, and inequality by promoting policies that lead to equitable distribution of resources and opportunities.
|
||||
One of the key aspects of macro social work is its focus on social justice. Social workers in this field advocate for policies that ensure equal access to services and resources, protect human rights, and address social injustices. This can involve lobbying for legislative changes, participating in public debates, and working with marginalized communities to amplify their voices.
|
||||
|
||||
== History and the discussion about "re-envisioning" macro social work practice ==
|
||||
The roots of macro social work can be traced back to the settlement house movement in the late 19th and early 20th centuries, where social workers like Jane Addams and Mary Richmond sought to address the root causes of poverty and inequality through community-based interventions and policy advocacy. This tradition has evolved over time to include various approaches and methodologies aimed at systemic change.
|
||||
The inception of macro social work practice in the United States (although it was not called by that name at the time) was with the advent of social work as an academic discipline itself. in the early 1900s, Jane Addams, the founder of the feminist movement, is generally accepted as the very first macro social worker. The feminist movement was the very first macro social work project in the United States.
|
||||
Recent discussions about a "re-envisioning" of macro social work practice refers to the renewed focus on enhancing the macro dimensions of social work, which include policy advocacy, community development, and organizational leadership. This movement challenges the social work profession's dwindling focus on macro practice, with the goal of realigning it with its historical foundations and current needs. The transition to micro practice is due to rising demand for emergency relief services, economic and legislative changes, and the organization's focus on survival via clinical service supply. McBeath recommends ten key changes for reinvigorating macro social work practice:
|
||||
|
||||
Develop external advocacy networks: Build networks with institutions influencing social welfare funding and policy.
|
||||
Cultivate agency–university partnerships: Create collaborations to develop and test new macro practice models.
|
||||
Support interprofessional exploration: Engage with other professions to share knowledge and innovate.
|
||||
Leverage technology for advocacy: Use technology to enhance networking, advocacy, and information sharing.
|
||||
Implement equity-focused frameworks: Use equity frameworks to evaluate social welfare initiatives.
|
||||
Strengthen linkages to micro practice: Bridge the gap between micro and macro practice to create a unified professional identity.
|
||||
Conduct environmental scanning: Continuously assess societal needs to adapt macro practice models.
|
||||
Develop theory-informed practice: Integrate social science theories into macro practice.
|
||||
Promote evidence-informed practice: Use diverse evidence to inform macro practice decisions.
|
||||
Center practice around human rights: Ensure macro practice prioritizes human rights promotion and protection.
|
||||
In order to effectively address these issues besides social justice and structural change, the social work profession must integrate macro and micro practices and promote multidisciplinary cooperation. With a renewed emphasis, the goal is to strike a balance between organisational, community, and social backdrop shaping work and frontline service delivery.
|
||||
|
||||
== Methods and approaches ==
|
||||
The methods employed by macro social workers are aimed at accomplishing their stated goals. All "methods" are not the same, however, but rather change and evolve depending on the social, political, and economic climate within a given country or organization they are employed within.
|
||||
Some methods include: advocacy, passing bills or laws (if the social worker is an elected official), persuasion skills, collective action, and partnering with non social workers who have a similar goal.
|
||||
Macro social work employs diverse methods across four levels: community, organizational, societal, and global:
|
||||
28
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||||
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|
||||
title: "Macro social work"
|
||||
chunk: 2/2
|
||||
source: "https://en.wikipedia.org/wiki/Macro_social_work"
|
||||
category: "reference"
|
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tags: "science, encyclopedia"
|
||||
date_saved: "2026-05-05T03:58:05.709384+00:00"
|
||||
instance: "kb-cron"
|
||||
---
|
||||
|
||||
At the community level, it involves planning and policy development, community organizing, and development strategies such as community economic and social development, focusing on participation, empowerment, and leadership.
|
||||
Organizational level methods include building and managing nonprofit agencies and social enterprises, emphasizing social entrepreneurship and effective social administration, including program planning and organizational change.
|
||||
At the societal level, macro social workers engage in advocacy and social action, using policy advocacy and social movements to drive systemic change and promote social justice.
|
||||
Globally, they address issues through international social work, collaborating with NGOs to tackle poverty, human rights, and refugee crises, and supporting global advocacy efforts for sustainable development.
|
||||
These methods integrate traditional and innovative approaches to empower communities, foster leadership, and achieve equitable social change.
|
||||
Today, macro social work is a dynamic field that adapts to contemporary social issues. Practitioners often employ a variety of strategies to achieve their goals, including community organizing, which involves mobilizing community members to take collective action on issues affecting them. Policy practice is another critical area, where social workers engage in the analysis, development, and implementation of social policies.
|
||||
|
||||
== Future Directions in macro social work ==
|
||||
Macro social work plays a vital role in addressing the root causes of social problems and advocating for systemic change. By focusing on large-scale interventions, macro social workers aim to create a more just and equitable society. As social issues continue to evolve, the field must adapt and innovate to effectively address the complexities of contemporary social challenges. In addressing these aspects in social work education, future curricula should also focus on managerial skills and competences.
|
||||
Previous discussions about the state of macro practice so far focused on different aspects that need to be overcome in the future. The trajectory of macro practice in social work education is increasingly recognizing the importance of organizational and management skills. A robust macro practice curriculum should include policy analysis, community organizing, leadership, and financial management, which are often underrepresented in social work management education. The lack of research investment in these areas is due to a historical focus on clinical practice. Emerging research opportunities include exploring digital transformation impacts, fostering inclusive leadership, and evaluating organizational models in social services, which could significantly advance the field.
|
||||
|
||||
== See also ==
|
||||
List of American elected officials who are social workers
|
||||
Social policy
|
||||
|
||||
== References ==
|
||||
|
||||
== Further reading ==
|
||||
28
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|
||||
---
|
||||
title: "Methodological nationalism"
|
||||
chunk: 1/1
|
||||
source: "https://en.wikipedia.org/wiki/Methodological_nationalism"
|
||||
category: "reference"
|
||||
tags: "science, encyclopedia"
|
||||
date_saved: "2026-05-05T03:58:07.069824+00:00"
|
||||
instance: "kb-cron"
|
||||
---
|
||||
|
||||
In social science, methodological nationalism is an intellectual orientation and pattern in scholarly research that conceives of the nation-state as the sole unit of analysis or as a container for social processes. This concept has largely been developed by Andreas Wimmer and Nina Glick Schiller, who specifically define it as "the assumption that the nation/state/society is the natural social and political form of the modern world". Methodological nationalism has been identified in many social science subfields, such as anthropology, sociology, and the interdisciplinary field of migration studies. Methodological nationalism, as a practice within social science, has been further critiqued by scholars such as Saskia Sassen, who contends that the nation-state and its borders are an insufficient unit of analysis and that the national is at times the "terrains of the global".
|
||||
|
||||
|
||||
== Three types of methodological nationalism ==
|
||||
According to Andreas Wimmer and Nina Glick Schiller, there are three types of methodological nationalism in social science scholarship: ignoring or disregarding the importance of nationalism for modern societies, naturalization, and confining studies to geopolitical boundaries of a particular nation-state. These types may co-occur or occur separately. When they co-occur, they may reinforce each other.
|
||||
Speranta Dumitru distinguished between other three different versions of methodological nationalism: state-centrism (unjustified supremacy granted to the nation-state), territorialism (understanding space as divided in territories), and groupism (equating society with the nation-state’s society). She argued that methodological nationalism heavily biases the philosophy of migration.
|
||||
|
||||
|
||||
== Methodological nationalism and migration studies ==
|
||||
Methodological nationalism and its conception of nation-states has been a component of both contemporary and historical methodologies in migration studies, insofar as certain studies have adhered to it or diverged from its theoretical foundations. This adherence has been acknowledged or otherwise criticized in numerous studies. Moreover, the historical prevalence of methodological nationalism within social science has been explored by scholarship which argues that many turn-of-the-century writings on globalization have "conflated the necessary
|
||||
conceptual critique of methodological nationalism with the empirical claim of the
|
||||
nation-state’s diminishing relevance".
|
||||
On the other hand, research on transnationalism and transmigrants has contemporary examples of divergence and criticism of methodological nationalism as an enduring practice in scholarship. Recent studies in transnationalism have conceived of the nation-state as one agent in a complex relationship with many global actors. Migration Studies that conceive of society as extending beyond national boundaries, then, sever this link between nation-state and society.
|
||||
Research on transnational Latina motherhood has negotiated issues of the nation-state as well as transnationalism. The conceptual frameworks of power geometries, social location, and geographic scales is positioned to counteract the analytical tendency to fall back on methodological nationalism.
|
||||
Other scholarly research has combined transnational migration studies and conceptual frameworks such as coloniality of power to avoid methodological nationalism and better account for the intersecting transnational phenomena that constitutes the experiences of transmigrants and better explains the processes of transnational migration.
|
||||
|
||||
|
||||
== References ==
|
||||
28
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|
||||
---
|
||||
title: "Mobilities"
|
||||
chunk: 1/3
|
||||
source: "https://en.wikipedia.org/wiki/Mobilities"
|
||||
category: "reference"
|
||||
tags: "science, encyclopedia"
|
||||
date_saved: "2026-05-05T03:58:08.316784+00:00"
|
||||
instance: "kb-cron"
|
||||
---
|
||||
|
||||
Mobilities is a contemporary paradigm in the social sciences that explores the movement of people (human migration, individual mobility, travel, transport), ideas (see e.g. meme) and things (transport), as well as the broader social implications of those movements. Mobility can also be thought as the movement of people through social classes, social mobility or income, income mobility.
|
||||
A mobility "turn" (or transformation) in the social sciences began in the 1990s in response to the increasing realization of the historic and contemporary importance of movement on individuals and society. This turn has been driven by generally increased levels of mobility and new forms of mobility where bodies combine with information and different patterns of mobility. The mobilities paradigm incorporates new ways of theorizing about how these mobilities lie "at the center of constellations of power, the creation of identities and the microgeographies of everyday life." (Cresswell, 2011, 551)
|
||||
The mobility turn arose as a response to the way in which the social sciences had traditionally been static, seeing movement as a black box and ignoring or trivializing "the importance of the systematic movements of people for work and family life, for leisure and pleasure, and for politics and protest" (Sheller and Urry, 2006, 208). Mobilities emerged as a critique of contradictory orientations toward both sedentarism and deterritorialisation in social science. People had often been seen as static entities tied to specific places, or as nomadic and placeless in a frenetic and globalized existence. Mobilities looks at movements and the forces that drive, constrain and are produced by those movements.
|
||||
Several typologies have been formulated to clarify the wide variety of mobilities. Most notably, John Urry divides mobilities into five types: mobility of objects, corporeal mobility, imaginative mobility, virtual mobility and communicative mobility. Later, Leopoldina Fortunati and Sakari Taipale proposed an alternative typology taking the individual and the human body as a point of reference. They differentiate between ‘macro-mobilities’ (consistent physical displacements), ‘micro-mobilities’ (small-scale displacements), ‘media mobility’ (mobility added to the traditionally fixed forms of media) and ‘disembodied mobility’ (the transformation in the social order). The categories are typically considered interrelated, and therefore they are not exclusive.
|
||||
|
||||
== Scope ==
|
||||
While mobilities is commonly associated with sociology, contributions to the mobilities literature have come from scholars in anthropology, cultural studies, economics, geography, migration studies, science and technology studies, and tourism and transport studies. (Sheller and Urry, 2006, 207)
|
||||
The eponymous journal Mobilities provides a list of typical subjects which have been explored in the mobilities paradigm (Taylor and Francis, 2011):
|
||||
|
||||
Mobile spatiality and temporality
|
||||
Sustainable and alternative mobilities
|
||||
Mobile rights and risks
|
||||
New social networks and mobile media
|
||||
Immobilities and social exclusions
|
||||
Tourism and travel mobilities
|
||||
Migration and diasporas
|
||||
Transportation and communication technologies
|
||||
Transitions in complex systems
|
||||
24
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24
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|
||||
---
|
||||
title: "Mobilities"
|
||||
chunk: 2/3
|
||||
source: "https://en.wikipedia.org/wiki/Mobilities"
|
||||
category: "reference"
|
||||
tags: "science, encyclopedia"
|
||||
date_saved: "2026-05-05T03:58:08.316784+00:00"
|
||||
instance: "kb-cron"
|
||||
---
|
||||
|
||||
== Origins ==
|
||||
Sheller and Urry (2006, 215) place mobilities in the sociological tradition by defining the primordial theorist of mobilities as Georg Simmel (1858–1918). Simmel's essays, "Bridge and Door" (Simmel, 1909 / 1994) and "The Metropolis and Mental Life" (Simmel, 1903 / 2001) identify a uniquely human will to connection, as well as the urban demands of tempo and precision that are satisfied with mobility.
|
||||
The more immediate precursors of contemporary mobilities research emerged in the 1990s (Cresswell 2011, 551). Historian James Clifford (1997) advocated for a shift from deep analysis of particular places to the routes connecting them. Marc Augé (1995) considered the philosophical potential of an anthropology of "non-places" like airports and motorways that are characterized by constant transition and temporality. Sociologist Manuel Castells outlined a "network society" and suggested that the "space of places" is being surpassed by a "space of flows." Feminist scholar Caren Kaplan (1996) explored questions about the gendering of metaphors of travel in social and cultural theory.
|
||||
The contemporary paradigm under the moniker "mobilities" appears to originate with the work of sociologist John Urry. In his book, Sociology Beyond Societies: Mobilities for the Twenty-First Century, Urry (2000, 1) presents a "manifesto for a sociology that examines the diverse mobilities of peoples, objects, images, information and wastes; and of the complex interdependencies between, and social consequences of, these diverse mobilities."
|
||||
This is consistent with the aims and scope of the eponymous journal Mobilities, which "examines both the large-scale movements of people, objects, capital, and information across the world, as well as more local processes of daily transportation, movement through public and private spaces, and the travel of material things in everyday life" (Taylor and Francis, 2011).
|
||||
In 2006, Mimi Sheller and John Urry published an oft-cited paper that examined the mobilities paradigm as it was just emerging, exploring its motivations, theoretical underpinnings, and methodologies. Sheller and Urry specifically focused on automobility as a powerful socio-technical system that "impacts not only on local public spaces and opportunities for coming together, but also on the formation of gendered subjectivities, familial and social networks, spatially segregated urban neighborhoods, national images and aspirations to modernity, and global relations ranging from transnational migration to terrorism and oil wars" (Sheller and Urry, 2006, 209). This was further developed by the journal Mobilities (Hannam, Sheller and Urry, 2006).
|
||||
Mobilities can be viewed as an extension of the "spatial turn" in the arts and sciences in the 1980s, in which scholars began "to interpret space and the spatiality of human life with the same critical insight and interpretive power as have traditionally been given to time and history (the historicality of human life) on one hand, and to social relations and society (the sociality of human life) on the other" (Sheller and Urry, 2006, 216; Engel and Nugent, 2010, 1; Soja, 1999 / 2005, 261).
|
||||
Engel and Nugent (2010) trace the conceptual roots of the spatial turn to Ernst Cassirer and Henri Lefebvre (1974), although Fredric Jameson appears to have coined the epochal usage of the term for the 1980s paradigm shift. Jameson (1988 / 2003, 154) notes that the concept of the spatial turn "has often seemed to offer one of the more productive ways of distinguishing postmodernism from modernism proper, whose experience of temporality -- existential time, along with deep memory -- it is henceforth conventional to see as dominant of the high modern."
|
||||
For Oswin & Yeoh (2010) mobility seems to be inextricably intertwined with late-modernity and the end of the nation-state. The sense of mobility makes us to think in migratory and tourist fluxes as well as the necessary infrastructure for that displacement takes place.
|
||||
P. Vannini (2012) opted to see mobility as a projection of existent cultural values, expectancies and structures that denotes styles of life. Mobility after all would not only generate effects on people's behaviour but also specific styles of life. Vannini explains convincingly that on Canada's coast, the values of islanders defy the hierarchal order in populated cities from many perspectives. Islanders prioritize the social cohesion and trust of their communities before the alienation of mega-cities. There is a clear physical isolation that marks the boundaries between urbanity and rurality. From another view, nonetheless, this ideological dichotomy between authenticity and alienation leads residents to commercialize their spaces to outsiders. Although the tourism industry is adopted in these communities as a form of activity, many locals have historically migrated from urban populated cities.
|
||||
|
||||
== Mobilities and transportation geography ==
|
||||
The intellectual roots of mobilities in sociology distinguish it from traditional transportation studies and transportation geography, which have firmer roots in mid 20th century positivist spatial science.
|
||||
Cresswell (2011, 551) presents six characteristics distinguishing mobilities from prior approaches to the study of migration or transport:
|
||||
51
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||||
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|
||||
title: "Mobilities"
|
||||
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|
||||
source: "https://en.wikipedia.org/wiki/Mobilities"
|
||||
category: "reference"
|
||||
tags: "science, encyclopedia"
|
||||
date_saved: "2026-05-05T03:58:08.316784+00:00"
|
||||
instance: "kb-cron"
|
||||
---
|
||||
|
||||
Mobilities often links science and social science to the humanities.
|
||||
Mobilities often links across different scales of movement, while traditional transportation geography tends to focus on particular forms of movement at only one scale (such as local traffic studies or household travel surveys).
|
||||
Mobilities encompasses the movement of people, objects, and ideas, rather than narrowly focusing on areas like passenger modal shift or freight logistics.
|
||||
Mobilities considers both motion and "stopping, stillness and relative immobility."
|
||||
Mobilities incorporates mobile theorization and methodologies to avoid the privileging of "notions of boundedness and the sedentary."
|
||||
Mobilities often embraces the political and differential politics of mobility, as opposed to the apolitical, "objective" stance often sought by researchers associated with engineering disciplines
|
||||
Mobilities can be seen as a postmodern descendant of modernist transportation studies, with the influence of the spatial turn corresponding to a "post-structuralist agnosticism about both naturalistic and universal explanations and about single-voiced historical narratives, and to the concomitant recognition that position and context are centrally and inescapably implicated in all constructions of knowledge" (Cosgrove, 1999, 7; Warf and Arias, 2009).
|
||||
Despite these ontological and epistemological differences, Shaw and Hesse (2010, 207) have argued that mobilities and transport geography represent points on a continuum rather than incompatible extremes. Indeed, traditional transport geography has not been wholly quantitative any more than mobilities is wholly qualitative. Sociological explorations of mobility can incorporate empirical techniques, while model-based inquiries can be tempered with richer understandings of the meanings, representations and assumptions inherently embedded in models.
|
||||
Shaw and Sidaway (2010, 505) argue that even as research in the mobilities paradigm has attempted to reengage transportation and the social sciences, mobilities shares a fate similar to traditional transportation geography in still remaining outside the mainstream of the broader academic geographic community.
|
||||
|
||||
== Theoretical underpinnings of mobilities ==
|
||||
Sheller and Urry (2006, 215-217) presented six bodies of theory underpinning the mobilities paradigm:
|
||||
The prime theoretical foundation of mobilities is the work of early 20th-century sociologist Georg Simmel, who identified a uniquely human "will to connection," and provided a theoretical connection between mobility and materiality. Simmel focused on the increased tempo of urban life, that "drives not only its social, economic, and infrastructural formations, but also the psychic forms of the urban dweller." Along with this tempo comes a need for precision in timing and location in order to prevent chaos, which results in complex and novel systems of relationships.
|
||||
A second body of theory comes from the science and technology studies which look at mobile sociotechnical systems that incorporate hybrid geographies of human and nonhuman components. Automobile, rail or air transport systems involve complex transport networks that affect society and are affected by society. These networks can have dynamic and enduring parts. Non-transport information networks can also have unpredictable effects on encouraging or suppressing physical mobility (Pellegrino 2012).
|
||||
A third body of theory comes from the postmodern conception of spatiality, with the substance of places being constantly in motion and subject to constant reassembly and reconfiguration (Thrift 1996).
|
||||
A fourth body of theory is a "recentring of the corporeal body as an affective vehicle through which we sense place and movement, and construct emotional geographies". For example, the car is "experienced through a combination of senses and sensed through multiple registers of motion and emotion″ (Sheller and Urry 2006, 216).
|
||||
A fifth body of theory incorporates how topologies of social networks relate to how complex patterns form and change. Contemporary information technologies and ways of life often create broad but weak social ties across time and space, with social life incorporating fewer chance meetings and more networked connections.
|
||||
Finally, the last body of theory is the analysis of complex transportation systems that are "neither perfectly ordered nor anarchic." For example, the rigid spatial coupling, operational timings, and historical bindings of rail contrast with unpredictable environmental conditions and ever-shifting political winds. And, yet, "change through the accumulation of small repetitions...could conceivably tip the car system into the postcar system."
|
||||
|
||||
== Mobilities methodologies ==
|
||||
Mimi Sheller and John Urry (2006, 217-219) presented seven methodological areas often covered in mobilities research:
|
||||
|
||||
Analysis of the patterning, timing and causation of face-to-face co-presence
|
||||
Mobile ethnography - participation in patterns of movement while conducting ethnographic research
|
||||
Time-space diaries - subjects record what they are doing, at what times and in what places
|
||||
Cyber-research - exploration of virtual mobilities through various forms of electronic connectivity
|
||||
Study of experiences and feelings
|
||||
Study of memory and private worlds via photographs, letters, images and souvenirs
|
||||
Study of in-between places and transfer points like lounges, waiting rooms, cafes, amusement arcades, parks, hotels, airports, stations, motels, harbors
|
||||
|
||||
== See also ==
|
||||
Bicycle
|
||||
Congestion
|
||||
Home care
|
||||
Hypermobility (travel)
|
||||
Pedestrian
|
||||
Public transport
|
||||
Private transport
|
||||
Transportation engineering
|
||||
|
||||
== References ==
|
||||
14
data/en.wikipedia.org/wiki/Modern_Studies-0.md
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||||
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|
||||
title: "Modern Studies"
|
||||
chunk: 1/1
|
||||
source: "https://en.wikipedia.org/wiki/Modern_Studies"
|
||||
category: "reference"
|
||||
tags: "science, encyclopedia"
|
||||
date_saved: "2026-05-05T03:58:09.666075+00:00"
|
||||
instance: "kb-cron"
|
||||
---
|
||||
|
||||
Modern Studies is a subject in the Scottish school system, currently taught at National 3 through Advanced Higher. It concerns contemporary social and political issues, and political processes, in Scottish, UK and international contexts. The subject has been taught in Scotland since the 1960s and is credited with increasing students' political literacy.
|
||||
|
||||
|
||||
== References ==
|
||||
28
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||||
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|
||||
title: "Nudity"
|
||||
chunk: 1/11
|
||||
source: "https://en.wikipedia.org/wiki/Nudity"
|
||||
category: "reference"
|
||||
tags: "science, encyclopedia"
|
||||
date_saved: "2026-05-05T03:58:11.011168+00:00"
|
||||
instance: "kb-cron"
|
||||
---
|
||||
|
||||
Nudity is the state of being in which a human is without clothing. While estimates vary, for the first 90,000 years of pre-history, anatomically modern humans were naked, having lost their body hair, living in hospitable climates, and not having developed the crafts needed to make clothing.
|
||||
As humans became behaviorally modern, body adornments such as jewelry, tattoos, body paint and scarification became part of non-verbal communications, indicating a person's social and individual characteristics. Indigenous peoples in warm climates used clothing for decorative, symbolic or ceremonial purposes but were often nude, having neither the need to protect the body from the elements nor any conception of nakedness being shameful. In many societies, both ancient and contemporary, children might be naked until the beginning of puberty and women often do not cover their breasts due to the association with nursing babies more than with sexuality.
|
||||
In the ancient civilizations of the Mediterranean, from Mesopotamia to the Roman Empire, proper attire was required to maintain social standing. The majority might possess a single piece of cloth that was wrapped or tied to cover the lower body; slaves might be naked. However, through much of Western history until the modern era, people of any status were also unclothed by necessity or convenience when engaged in labor and athletics; or when bathing or swimming. Such functional nudity occurred in groups that were usually, but not always, segregated by sex. Although improper dress might be socially embarrassing, the association of nudity with sin regarding sexuality began with Abrahamic beliefs, spreading through Europe in the post-classical period. Traditional clothing in temperate regions worldwide also reflect concerns for maintaining social status and order, as well as by necessity due to the colder climate. However, societies such as Japan and Finland maintain traditions of communal nudity based upon the use of baths and saunas that provided alternatives to sexualization.
|
||||
The spread of Western concepts of modest dress was part of colonialism, and continues today with globalization. Contemporary social norms regarding nudity reflect cultural ambiguity towards the body and sexuality, and differing conceptions of what constitutes public versus private spaces. Norms relating to nudity are different for men than they are for women. Individuals may intentionally violate norms relating to nudity; those without power may use nudity as a form of protest, and those with power may impose nakedness on others as a form of punishment.
|
||||
While the majority of contemporary societies require clothing in public, some recognize non-sexual nudity as being appropriate for some recreational, social or celebratory activities, and appreciate nudity in the arts as representing positive values. A minority within many countries assert the benefits of social nudity, while other groups continue to disapprove of nudity not only in public but also in private based upon religious beliefs. Norms are codified to varying degrees by laws defining proper dress and indecent exposure.
|
||||
|
||||
== Terminology ==
|
||||
|
||||
In general English usage, nude and naked are often synonyms for a human being unclothed, but take on many meanings in particular contexts. Nude derives from Norman French, while naked is from the Anglo-Saxon. To be naked is more straightforward, not being properly dressed, or if stark naked, entirely without clothes. Nudity has more cultural connotations, and particularly in the fine arts, positive associations with the beauty of the human body.
|
||||
Further synonyms and euphemisms for nudity abound, including "birthday suit", "in the altogether" and "in the buff". Partial nudity may be defined as not covering the genitals or other parts of the body deemed sexual, such as the buttocks or female breasts.
|
||||
|
||||
== Origins of nakedness and clothing ==
|
||||
|
||||
Two human evolutionary processes are significant regarding nudity; first the biological evolution of early hominids from being covered in fur to being effectively hairless, followed by the sociocultural evolution of adornments and clothing. In the past there have been several theories regarding why humans lost their fur, but the need to dissipate body heat remains the most widely accepted evolutionary explanation. Less hair, and an increase in eccrine sweating, made it easier for early humans to cool their bodies when they moved from living in shady forest to open savanna. The ability to dissipate excess body heat was one of the things that made possible the dramatic enlargement of the brain, the most temperature-sensitive human organ.
|
||||
Some of the technology for what is now called clothing may have originated to make other types of adornment, including jewelry, body paint, tattoos, and other body modifications, "dressing" the naked body without concealing it. According to Mark Leary and Nicole Buttermore, body adornment is one of the changes that occurred in the late Paleolithic (40,000 to 60,000 years ago) in which humans became not only anatomically modern, but also behaviorally modern and capable of self-reflection and symbolic interaction. More recent studies place the use of adornment at 77,000 years ago in South Africa, and 90,000—100,000 years ago in Israel and Algeria. While modesty is a factor, often overlooked purposes for body coverings are camouflage used by hunters, body armor, and costumes used to impersonate "spirit-beings".
|
||||
The current empirical evidence for the origin of clothing is from a 2010 study published in Molecular Biology and Evolution. That study indicates that the habitual wearing of clothing began at some point in time between 170,000 and 83,000 years ago based upon a genetic analysis indicating when clothing lice diverged from their head louse ancestors. A 2017 study published in Science estimated that anatomically modern humans evolved 350,000 to 260,000 years ago. Thus, humans were naked in prehistory for at least 90,000 years.
|
||||
|
||||
== History of nudity ==
|
||||
28
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||||
---
|
||||
title: "Nudity"
|
||||
chunk: 2/11
|
||||
source: "https://en.wikipedia.org/wiki/Nudity"
|
||||
category: "reference"
|
||||
tags: "science, encyclopedia"
|
||||
date_saved: "2026-05-05T03:58:11.011168+00:00"
|
||||
instance: "kb-cron"
|
||||
---
|
||||
|
||||
The habitual use of clothing is one of the changes that mark the end of the Neolithic and the beginning of civilization, between 7,000 and 9,000 years ago. Much of what is known about the early history of clothing is from depictions of the higher classes, there being few surviving artifacts. Everyday behaviors are rarely represented in historical records. Clothing and adornment became part of the symbolic communication that marked a person's membership in their society, thus nakedness meant being at the bottom of the social scale, lacking in dignity and status. In each culture, ornamentation represented the wearer's place in society; position of authority, economic class, gender role, and marital status. From the beginning of civilization, there was ambiguity regarding everyday nakedness and the nudity in depictions of deities and heroes indicating positive meanings of the unclothed body. Among ancient civilizations only Abrahamic societies associated nakedness primarily with sin or shame regarding sexuality.
|
||||
|
||||
=== Ancient and classical history ===
|
||||
|
||||
For millennia from Mesopotamia to the Middle Kingdom of Egypt the majority of men and women wore a cloth wrapped or tied to cover the lower part of the body. Both men and women would be bare-chested and barefoot. Complete nakedness was embarrassing due to the social connotations of low status and deprivation rather than shame regarding sexuality. Slaves might not be provided with clothing. Other workers would be naked while performing many tasks, particularly if hot, dirty, or wet; farmers, fishermen, herders, and those working close to fires or ovens. Only the upper classes were habitually dressed. It was not until the later periods, in particular the New Kingdom of Egypt (1550–1069 BCE), that functionaries in the households of the wealthy began wearing refined dress, and upper-class women wore elaborate dresses and ornamentation which covered their breasts. These later styles are often shown in film and television as representing Ancient Egypt in all periods.
|
||||
|
||||
Male nudity was celebrated in ancient Greece to a greater degree than any culture before or since. The status of freedom, maleness, privilege, and physical virtues were asserted by discarding everyday clothing for athletic nudity. Nudity became a ritual costume by association of the naked body with the beauty and power of the gods who were depicted as perfect naked humans. In Etruscan and early Roman athletics, in which masculinity involved prudishness and paranoia about effeminacy, the Greek traditions were not maintained because public nudity became associated with homoeroticism. In the Roman Empire (27 BCE – 476 CE), the status of the upper classes was such that nudity was of no concern for men, and for women only if seen by their social superiors. At the Roman baths (thermae), which had social functions similar to a modern beach, mixed nude bathing may have been the norm up to the fourth century CE.
|
||||
|
||||
=== Colonialism and racism ===
|
||||
|
||||
The encounter between the Indigenous cultures of Africa, the Americas and Oceania with Europeans had a significant effect on all cultures. Because clothing and body adornments are such an important part of nonverbal communications, the relative lack of body coverings was one of the first things explorers noticed when they encountered Indigenous peoples of the tropics. Non-western cultures during the period were naked only by comparison to Western norms. The genitals or entire lower body of adults were covered by garments in most situations, while the upper body of both men and women might be unclothed. However, lacking the western concept of shame regarding the body, such garments might be removed in public for practical or ceremonial purposes. Children until puberty and sometimes women until marriage might be naked.
|
||||
All humans lived in hunter-gatherer societies until 20,000 years ago, and they were naked. In the tropical regions of Africa, Australia, the Americas and Southeast Asia, this way of life continued until a few hundred years ago. Perhaps the last uncontacted hunter-gatherers are the community of a few hundred individuals on one of the Andaman Islands. The Europeans who first contacted tropical peoples reported that they were unashamedly naked, only occasionally wrapping themselves in capes in colder weather. Many pastoral societies in warmer climates are also minimally clothed or naked while working. This practice continued when western clothing was first introduced; for example, Aboriginal Australians in 1819 wore only the jackets they were given, but not pants. Western ambivalence could be expressed by responding to the nakedness of natives as either a sign of rampant sexuality or of the innocence that preceded the "fall of man".
|
||||
|
||||
== Cultural differences ==
|
||||
Norms related to nudity are associated with norms regarding personal freedom, human sexuality, and gender roles, which vary widely among contemporary societies. Situations where private or public nudity is accepted vary. Indigenous peoples retain pre-colonial norms to varying degrees. People in Western cultures may practice social nudity within the confines of semi-private facilities such as naturist resorts, while other seek more open acceptance of nudity in everyday life and in public spaces designated as clothing-optional.
|
||||
|
||||
=== Africa ===
|
||||
In the Islamic societies of Africa, nudity is forbidden, while in sub-Saharan countries that never abandoned—or are reasserting—pre-colonial norms, partial or complete nudity is accepted as natural. In contemporary rural villages, both boys and girls are allowed to play totally nude, and women bare their breasts in the belief that the meaning of naked bodies is not limited to sexuality. Full or partial nudity is observed among some Burkinabese and Nilo-Saharan (e.g. Nuba and Surma people)—during particular occasions; for example, stick-fighting tournaments in Ethiopia. In Lagos, Nigeria, some parents continue to allow children to be naked until puberty. There is now an issue with strangers taking photographs, and they worry about pedophiles, but want kids to grow up with a positive body image and have the same freedom they remember from their own childhood. The upper torso of women is not sexual due to the general acceptance of breastfeeding in Africa, while their legs are covered by skirts to a greater extent than by Western clothing.
|
||||
58
data/en.wikipedia.org/wiki/Nudity-10.md
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58
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|
||||
---
|
||||
title: "Nudity"
|
||||
chunk: 11/11
|
||||
source: "https://en.wikipedia.org/wiki/Nudity"
|
||||
category: "reference"
|
||||
tags: "science, encyclopedia"
|
||||
date_saved: "2026-05-05T03:58:11.011168+00:00"
|
||||
instance: "kb-cron"
|
||||
---
|
||||
|
||||
==== Torture ====
|
||||
Nazis used forced nudity to humiliate inmates in concentration camps. This practice was depicted in the film Schindler's List (1993).
|
||||
In 2003, Abu Ghraib prison in Baghdad, Iraq gained international notoriety for accounts of torture and abuses by members of the United States Army Reserve during the post-invasion period. Photographic images were circulated that showed the posing of prisoners naked, sometimes bound, and being intimidated and otherwise humiliated, resulting in widespread condemnation of the abuse.
|
||||
|
||||
==== Strip search ====
|
||||
|
||||
A strip search is the removal of some or all of a person's clothing to ensure that they do not have weapons or contraband. Such searches are generally done when an individual is imprisoned after an arrest, and is justified by the need to maintain order in the facility, not as punishment for a crime.
|
||||
|
||||
=== Nudity as protest ===
|
||||
|
||||
Nudity is used to draw public attention to a cause, sometimes including the promotion of public nudity itself. People for the Ethical Treatment of Animals (PETA) used nudity to protest the use of animal fur in fashion. In Africa from the colonial to the contemporary eras, women have used nudity to confront economic and political injustices. Although similar in behavior, each incident may have different roots in the beliefs regarding female power within each society, in particular between West Africa and Southern Africa.
|
||||
|
||||
== Depictions and performance ==
|
||||
|
||||
Depictions of the human body, both dressed and undressed, continually reaffirm what each society defines as natural in human appearance, which is part of socialization. The pictorial conventions used in visual culture provide the contexts that make images comprehensible. In Western societies, the contexts for depictions of nudity include information (such as nudes in National Geographic), art (images displayed for aesthetic appreciation) and pornography (images that are primarily sexual). Any ambiguous image not easily fitting into one of these categories may be misinterpreted, leading to disputes. Disputes may be resolved by the invention of a new context, such as erotic art, which combines aesthetic qualities with explicit sexuality. However, more conservative groups may continue to see any sexual depictions as pornographic. Another recent development is the commodified nude used in advertising and promotion. The nude in photography includes scientific, commercial, fine art, and erotic photography.
|
||||
Making a distinction between art and pornography, Kenneth Clark stated "no nude, however abstract, should fail to arouse in the spectator some vestige of erotic feeling, even though it be only the faintest shadow—and if it does not do so it is bad art and false morals". As an example, Clark referred to the temple sculptures of tenth-century India as "great works of art because their eroticism is part of their whole philosophy". Great art can contain significant sexual content without being obscene.
|
||||
China has never had a tradition of depicting the nude except in pornography. In 1925, nude models were banned from Chinese art schools. In Islam, any depictions of the body or sexuality, including photography and film, are forbidden as they would be in life.
|
||||
The naked human body was one of the first subjects of prehistoric art, including the numerous female figurines found throughout Europe, the earliest now dating from 40,000 years ago. The meaning of these objects cannot be determined, however the exaggeration of breasts, bellies, and buttocks indicate more symbolic than realistic interpretations. Alternatives include symbolism of fertility, abundance, or overt sexuality in the context of beliefs in supernatural forces. Surviving examples of ancient art indicate that the modern concept of pornography did not exist before Christianity, with many examples not only of nudity but sexual activity.
|
||||
Depictions of child nudity (or of children with nude adults) appear in works of art in various cultures and historical periods. Attitudes have changed over time and such images have become increasingly controversial, especially in the case of photography. Once commonplace, snapshots taken by parents of their nude infant or preschool children became suspect during the last decades of the 20th century. When film was developed by commercial photo labs, some were reported to the police as possible child pornography. While some individuals suffered legal actions, no charges involving mere nudity have been ultimately upheld, because the legal definition of child pornography is that it depicts sexually explicit conduct.
|
||||
Live performances, such as dance, theater, and performance art may include nudity either for realism or symbolic meaning. Nudity on stage has become generally accepted in Western cultures beginning in the 20th century. In Islamic countries any erotic or sexually exciting performances, such as dancing, are forbidden. Contemporary choreographers consider nudity one of the possible "costumes" available for dance, some seeing nudity as expressing deeper human qualities through dance which works against the sexual objectification of the body in commercial culture.
|
||||
In the United States, nudity in live performance is a matter of local laws except for First Amendment protection of free expression, which is generally recognized with regard to performances in an artistic context. In other contexts, nudity may be limited by local laws; a 1991 US Supreme Court decision, Barnes v. Glen Theatre, Inc., upheld an Indiana law prohibiting total nudity for dancers in a bar.
|
||||
|
||||
== See also ==
|
||||
|
||||
Human body
|
||||
Human skin – Organ covering the outside of the human body
|
||||
Modesty – Dress or behavior to avoid sexual attraction
|
||||
Nude recreation – Leisure activity while naked
|
||||
List of places where social nudity is practised
|
||||
List of social nudity organizations
|
||||
Nudity in combat – Fictional and actual practice of wearing little or no clothing in battle
|
||||
History of the nude in art
|
||||
|
||||
== References ==
|
||||
|
||||
=== Notes ===
|
||||
|
||||
=== Citations ===
|
||||
|
||||
=== Works cited ===
|
||||
|
||||
==== Books ====
|
||||
|
||||
==== Journal articles ====
|
||||
|
||||
==== News ====
|
||||
|
||||
==== Websites ====
|
||||
45
data/en.wikipedia.org/wiki/Nudity-2.md
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45
data/en.wikipedia.org/wiki/Nudity-2.md
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@ -0,0 +1,45 @@
|
||||
---
|
||||
title: "Nudity"
|
||||
chunk: 3/11
|
||||
source: "https://en.wikipedia.org/wiki/Nudity"
|
||||
category: "reference"
|
||||
tags: "science, encyclopedia"
|
||||
date_saved: "2026-05-05T03:58:11.011168+00:00"
|
||||
instance: "kb-cron"
|
||||
---
|
||||
|
||||
The revival of pre-colonial culture is asserted in the adoption of traditional dress—young women wearing only beaded skirts and jewelry—in the Umkhosi Womhlanga (Reed Dance) by the Zulu and Swazi. Other examples of cultural tourism reflect the visitor's desire to experience what they imagine being an exotic culture, which includes nudity.
|
||||
|
||||
=== Asia ===
|
||||
In Asian countries, rather than always being immoral or shameful, not being properly dressed is perceived as a breach of etiquette (loss of face) in most situations, while nakedness may be part of maintaining purity by public bathing, or expressing rejection of worldliness including clothes.
|
||||
|
||||
==== China ====
|
||||
In contemporary China, while maintaining the traditions of modest dress in everyday life, the use of nudity in magazine advertising indicates the effect of globalization. In much of Asia, traditional dress covers the entire body, similar to Western dress. In stories written in China as early as the fourth century BCE, nudity is presented as an affront to human dignity, reflecting the belief that "humanness" in Chinese society is not innate, but is earned by correct behavior. However, nakedness could also be used by an individual to express contempt for others in their presence. In other stories, the nudity of women, emanating the power of yin, could nullify the yang of aggressive forces.
|
||||
|
||||
==== India ====
|
||||
|
||||
In India, the conventions regarding proper dress do not apply to monks in some Hindu and Jain sects who reject clothing as worldly. Although overwhelmingly male, there have been female ascetics such as Akka Mahadevi who also renounced clothing. Although naked, Mahadevi is generally depicted as entirely covered by her long hair.
|
||||
|
||||
==== Bangladesh ====
|
||||
In Bangladesh, the Mru people have resisted centuries of Muslim and Christian pressure to clothe their nakedness as part of religious conversion. Most retain their own religion, which includes elements of Buddhism and Animism, as well as traditional clothing: a loincloth for men and a skirt for women.
|
||||
|
||||
==== Japan ====
|
||||
|
||||
The Tokugawa period in Japan (1603–1868) was defined by the social dominance of hereditary classes, with clothing a regulated marker of status and little nudity among the upper classes. However, working populations in both rural and urban areas often dressed only in fundoshi (similar to a loincloth), including women in hot weather and while nursing. Lacking baths in their homes, everyone frequented public bathhouses where they were unclothed together. This communal nudity might extend to other activities in rural villages.
|
||||
With the opening of Japan to European visitors in the Meiji era (1868–1912), the previously normal states of undress, and the custom of mixed public bathing, became an issue for leaders concerned with Japan's international reputation. A law was established with fines for those that violated the ban on undress. Although often ignored or circumvented, the law had the effect of sexualizing the naked body in situations that had not previously been erotic.
|
||||
Public bathing for purification as well as cleanliness is part of both Shintoism and Buddhism in Japan. Purification in the bath is not only for the body, but the heart or spirit (kokoro). Public baths (sentō) were once common, but became less so with the addition of bathtubs in homes. Sentō were mixed gender (konyoku) until the arrival of Western influences, but became segregated by gender in cities. Nudity is required at Japanese hot spring resorts (onsen). Some resorts continue to be mixed gender, but the number is declining as they cease to be supported by local communities.
|
||||
|
||||
==== Korea ====
|
||||
In Korea, bathhouses are known as jjimjilbang. Such facilities may include mixed-sex sauna areas where clothing is worn, but bathing areas where nudity is required are gender segregated.
|
||||
|
||||
==== Russia ====
|
||||
|
||||
In Russia, communal banyas have been used for over a thousand years, serving both hygienic and social functions. Nudity and mixed sex usage was typical for much of this history. While first attempts to ban mixed sex nudity in banyas date back to 1551, and more systemic attempts were made from 1741 to 1782, the practice fully came to an end only by the beginning of 19th century. Bathing facilities in homes threatened the existence of public banyas, but social functions maintained their popularity.
|
||||
|
||||
=== Oceania ===
|
||||
Prior to the European colonization of New Zealand, Māori people went naked or partially clothed in casual settings as the climate allowed, although they did wear clothing to keep out the weather and denote social status. Men frequently wore nothing but a belt with a piece of string attached holding their foreskin shut over their glans penis. There was no shame or modesty attached to women's breasts, and therefore no garments devoted to concealing them; however, women did cover their pubic area in the presence of men, as exposing it was a cultural expression of anger and contempt. Pre-pubescent children wore no clothes at all. European colonists cited nudity as a sign of Māori racial inferiority, calling them "naked savages".
|
||||
On the islands of Yap State, dances by women in traditional dress that does not cover the breasts are now included in the Catholic celebration of Christmas and Easter.
|
||||
|
||||
=== South America ===
|
||||
|
||||
In Brazil, the Yawalapiti—an Indigenous Xingu tribe in the Amazon Basin—practice a funeral ritual known as Quarup to celebrate life, death and rebirth. The ritual involves the presentation of all young girls who have begun menstruating since the last Quarup and whose time has come to choose a partner. The Awá hunters, the male members of an Indigenous people of Brazil living in the eastern Amazon rainforest, are "completely naked except for a piece of string decorated with bright bird feathers tied to the end of their penises". This minimalist dress code reflects the spirit of the hunt and being overdressed may be considered ridiculous or inappropriate.
|
||||
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|
||||
|
||||
=== Western societies ===
|
||||
The Western world inherited contradictory cultural traditions relating to nudity in various contexts. The first tradition came from the ancient Greeks, who saw the naked body as the natural state and as essentially positive. The second is based upon the Abrahamic religions—Judaism, Christianity, and Islam—which view being naked as shameful and essentially negative. The interaction between the Greek classical and later Abrahamic traditions has resulted in Western ambivalence, with nudity acquiring both positive and negative meanings in individual psychology, in social life, and in depictions such as art. The conservative versions of these religions continue to prohibit public and sometimes also private nudity. While public modesty prevails in more recent times, organized groups of nudists or naturists emerged with the stated purpose of regaining a natural connection to the human body and nature, sometimes in private spaces but also in public. Naturism in the United States, meanwhile, remains largely confined to private facilities, with few "clothing optional" public spaces compared to Europe. In spite of the liberalization of attitudes toward sex, Americans remain uncomfortable with complete nudity at the end of the 20th century. A poll in 2025 found that Americans are divided: 25% saying they like or love being naked, 25% saying they dislike or hate it, and 50% saying they are neutral or refused to say. Two-third of Americans responded they are self-conscious about their physical appearance.
|
||||
|
||||
==== Moral ambiguity ====
|
||||
The moral ambiguity of nudity is reflected in its many meanings, often expressed in the metaphors used to describe cultural values, both positive and negative.
|
||||
One of the first—but now obsolete—meanings of nude in the 16th century was "mere, plain, open, explicit" as reflected in the modern metaphors "the naked truth" and "the bare facts". Naturists often speak of their nakedness in terms of a return to the innocence and simplicity of childhood. The term naturism is based upon the idea that nakedness is connected to nature positively as a form of egalitarianism, that all humans are alike in their nakedness. Nudity also represents freedom: the liberation of the body is associated with sexual liberation, although many naturists tend to downplay this connection. In some forms of group psychotherapy, nudity has been used to promote open interaction and communication. Religious persons who reject the world as it is including all possessions may practice nudism, or use nakedness as a protest against an unjust world.
|
||||
Many of the negative associations of nakedness are the inverse of positive ones. If nudity is truth, nakedness may be an invasion of privacy or the exposure of uncomfortable truths, a source of anxiety. To be deprived of clothes is punishment, humiliating and degrading. Rather than being natural, nakedness is associated with sin, criminality, and punishment. The strong connection of nudity to sex produces shame when naked in contexts where sexuality is deemed inappropriate. The connection of nakedness with the corruptibility of flesh and death may have biblical origins, but gained real world associations during epidemics in the Middle Ages.
|
||||
Confronted with this ambiguity, some individuals seek to resolve it by working toward greater acceptance of nudity for themselves and others. Although psychologist Keon West found positive effects from short-term participation in social nudity, such as an improved body image, sociologist Barbara Górnicka found that lasting change is a gradual process of social learning similar to other forms of group socialization. However, philosopher Krista Thomason notes that negative emotions including shame exist because they are functional, and that human beings are not perfect.
|
||||
|
||||
=== Abrahamic religions ===
|
||||
|
||||
The meaning of the naked body in Judaism, Christianity, and Islam is based upon the Genesis creation narrative, but each religion has their own interpretation. What is shared by all was various degrees of modest dress and the avoidance of nakedness.
|
||||
The meaning of the creation myth is inconsistent with a philosophical analysis of shame as an emotion of reflective self-assessment which is understood as a response to being seen by others, a social context that did not exist. The response of Adam and Eve to cover their bodies indicates that upon gaining knowledge of good and evil, they became aware of nakedness as intrinsically shameful, which contradicts their intrinsic goodness "before the fall". According to German philosopher Thorsten Botz-Bornstein, interpretations of Genesis have placed responsibility for the fall of man and original sin on Eve, and, therefore, all women. As a result, the nudity of women is deemed more shameful personally and corrupting to society than the nakedness of men.
|
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==== Christianity ====
|
||||
The meaning of nudity for early Christians was the baptism, which was originally by full immersion and without clothes in a basin attached to every cathedral. Both men and women were baptized naked, deaconesses performing the rite for women to maintain modesty. Until the fifth century CE, pagan nudity was associated with sex, Christian nudity with grace. Jesus was originally depicted nude as would have been the case in Roman crucifixions, but the Christian adoption of the pagan association of the body with sex prompted the clothing of Christ. Some clerics went further, to hatred and fear of the body, insisting that monks sleep fully dressed.
|
||||
Christian theology rarely addresses nudity, but rather proper dress and modesty. Western cultures adopted Greek heritage only with regard to art, the ideal nude. Real naked people remained shameful, and become human only when they cover their nakedness. In one of a series of lectures entitled "Theology of the Body" given in 1979, Pope John Paul II said that the innocent nudity of being before the fall is regained only between loving spouses. In daily life, Christianity requires clothing in public, but with great variation between and within societies as to the meaning of "public" and how much of the body is covered.
|
||||
Finnish Lutherans practice mixed nudity in private saunas used by families and close-knit groups. While maintaining communal nudity, men and women are now often separated in public or community settings. Certain sects of Christianity through history have included nudity into worship practices, but these have been deemed heretical. There have been Christian naturists in the United States since the 1920s, but as a social and recreational practice rather than part of an organized religion.
|
||||
|
||||
==== Islam ====
|
||||
Islamic countries are guided by rules of modesty that forbid nudity, with variations between five schools of Islamic law. The most conservative is the Hanbali School in Saudi Arabia and Qatar, where the niqab, the garment covering the whole female body and the face with a narrow opening for the eyes, is widespread. Hands are also hidden within sleeves as much as possible. The burqa, limited mainly to Afghanistan, also has a mesh screen which covers the eye opening. Different rules apply to men, women, and children; and depend upon the gender and family relationship of others present.
|
||||
|
||||
== Sex and gender differences ==
|
||||
|
||||
In Western cultures, shame can result from not living up to the ideals of society with regard to physical appearance. Historically, such shame has affected women more than men. With regard to their naked bodies, the result is a tendency toward self-criticism by women, while men are less concerned by the evaluation of others. In patriarchal societies, which include much of the world, norms regarding proper attire and behavior are stricter for women than for men, and the judgements for violation of these norms are more severe.
|
||||
|
||||
=== Female nudity ===
|
||||
|
||||
==== Topfreedom ====
|
||||
|
||||
In much of the world, the modesty of women is a matter not only of social custom but of the legal definition of indecent exposure. In the United States, the exposure of female nipples is a criminal offense in many states and is not usually allowed in public. Individual women who have contested indecency laws by baring their breasts in public assert that their behavior is not sexual. In Canada, the law was changed to include a definition of a sexual context in order for behavior to be indecent. The topfreedom movement in the United States promotes equal rights for women to be naked above the waist in public on the same basis that would apply to men in the same circumstances. Advocates of topfreedom view its illegality as the institutionalization of negative cultural values that affect women's body image. The legal justifications for topfreedom include equal protection, the right to privacy, and freedom of expression.
|
||||
The law in New York State was challenged in 1986 by nine women who exposed their breasts in a public park, which led to nine years of litigation culminating with an opinion by the Court of Appeals that overturned the convictions on the basis of the women's actions not being lewd, rather than overturning the law as unconstitutional on the basis of equal protection, which is what the women sought. While the decision gave women more freedom to be topfree (e.g. while sunbathing), it did not give them equality with men. Other court decisions have given individuals the right to be briefly nude in public as a form of expression protected by the First Amendment, but not on a continuing basis for their own comfort or enjoyment as men are allowed to do. In 2020 the US Supreme Court refused to hear the appeal of three women after the New Hampshire Supreme Court found that the state law does not discriminate against women because it bans nudity, which has traditionally included female breasts.
|
||||
|
||||
==== Breastfeeding ====
|
||||
|
||||
Breastfeeding in public may be forbidden in some jurisdictions, unregulated in others, or protected as a legal right in public and the workplace. Where public breastfeeding is unregulated or legal, mothers may be reluctant to do so because other people may object. The issue of breastfeeding is part of the sexualization of the breast in many cultures, and the perception of threat in what others perceive as non-sexual. Pope Francis came out in support of public breastfeeding at church services soon after assuming the Papacy.
|
||||
|
||||
=== Male nudity ===
|
||||
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||||
Historically, men and boys bathed and swam nude in secluded rivers and lakes. In England when sea bathing became popular in the 18th century, beaches were initially male only, but with the easier access of the 19th century due to rail transportation, the mixing of genders became a problem for authorities. The addition of "bathing machines" at seaside resorts was not successful in maintaining standards of decency, men often continuing to be nude while women wore bathing costumes. However, public concern was only regarding adults, it being generally accepted that boys at English beaches would be nude. This prompted complaints by visiting Americans, but Englishmen had no objection to their daughters being fully dressed on the beach with naked boys.
|
||||
In the United States and other Western countries for much of the 20th century, male nudity was the norm in gender segregated activities including summer camps, swimming pools and communal showers based on cultural beliefs that females need more privacy than males. Beginning in 1900, businessmen swam nude at private athletic clubs in New York City, which ended with a 1980 law requiring the admission of women. For younger boys, lack of modesty might include public behavior as in 1909 when The New York Times reported that at an elementary school public swimming competition the youngest boys competed in the nude.
|
||||
Hygiene was given as the reason for official guidelines requiring nudity in indoor pools used only by men. Swimmers were also required to take nude showers with soap prior to entering the pool, in order to eliminate contaminants and inspect swimmers to prohibit use by those with signs of disease. During women's weekly swim hours, simple one-piece suits were allowed and sometimes supplied by the facility to ensure hygiene; towels were also supplied.
|
||||
Compared to the acceptance of boys being nude, an instance in 1947 where girls were given the same option lasted only six weeks in Highland Park, Michigan before a protest by mothers. However, only the middle school required suits, the elementary schools in the same district continued to allow girls to swim nude. The public health recommendation of male nudity continued officially until 1962 but was observed into the 1970s by the YMCA and schools with gender segregated classes. The era of male nude swimming in indoor pools declined steadily as mixed-gender usage became the norm, and sped up following the passage of Title IX of the Education Amendments of 1972. Eventually all pools use became mixed-gender, and in the 21st century, the practice of male nude swimming is largely forgotten, or denied as having ever existed.
|
||||
|
||||
=== Gender equality ===
|
||||
Social acceptance of mixed gender nudity due to sauna culture is associated with greater gender equality, which is highest in Iceland, Norway, Finland and Sweden (the US being #53 of 153 countries listed). America and the Netherlands went through the same period of feminist activism in the 1960s–70s, but Dutch men were generally more open to the idea of gender equality, there being a prior history of regarding sexuality as healthy and normal, including nudity not always being sexual.
|
||||
|
||||
== Child development ==
|
||||
|
||||
A report issued in 2009 on child sexual development in the United States by the National Child Traumatic Stress Network asserted that children have a natural curiosity about their own bodies and the bodies of others. The report recommended that parents learn what is normal in regard to nudity and sexuality at each stage of a child's development and refrain from overreacting to their children's nudity-related behaviors unless there are signs of a problem (e.g. anxiety, aggression, or sexual interactions between children not of the same age or stage of development). Problematic childhood behavior often takes place in daycare, rather than home environments. The general advice for caregivers is to find ways of setting boundaries without giving the child a sense of shame.
|
||||
In Northern European countries, where family nudity is normal, children learn from an early age that nakedness need not be sexual. Bodily modesty is not part of the Finnish identity due to the universal use of the sauna, a historical tradition that has been maintained. Bonny Rough, who raised her children while residing in the United States and the Netherlands, advises US parents and caregivers to understand that a child's explorations of their own and others' bodies are motivated by curiosity, not anything similar to adult sexuality. A 2009 report issued by the CDC comparing the sexual health of teens in France, Germany, the Netherlands and the United States concluded that if the US implemented comprehensive sex education similar to the three European countries there would be a significant reduction in teen pregnancies, abortions and the rate of sexually transmitted diseases, and the US would save hundreds of millions of dollars.
|
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||||
== Private versus public ==
|
||||
In thinking about nudity, an important dimension of culture is private-public and the behavior that is normal within each space. In some cultures private means being entirely alone, defining personal space. In other cultures, privacy includes family and selected others; intimate space. Being in public includes potentially anyone as with parks, sidewalks, and roads. Some public spaces are limited to paying customers as with cafés or supermarkets. The meaning of public space changed as cities grew. Between private and public there may be other distinctions that limit access such as age, sex, membership, which define social spaces, each with expectations of shared norms being followed.
|
||||
In the absence of visual barriers, privacy is maintained by social distance, as when being examined for medical purposes or receiving a massage. Violation of boundaries between doctors and patients is a serious breach of medical ethics. Between social equals, privacy is maintained by civil inattention, allowing others to maintain their personal space by only glancing, not looking directly, as in a crowded elevator. Civil inattention also maintains the non-sexual nature of semi-public situations in which relative or complete nakedness is necessary, such as communal bathing or changing clothes. Such activities are regulated by participants negotiating behaviors that avoid sexualization. A particular example is open water swimming in the United Kingdom, which by necessity means changing outdoors in mixed gender groups with minimal or no privacy. As a participant stated, "Open water swimming and nudity go hand in hand...People don't necessarily talk about it, but just know if you join a swimming club it's likely you will see far more genitalia than you were perhaps expecting." In the 21st century, many situations have become sexualized by media portrayals of any nudity as a prelude to sex.
|
||||
|
||||
=== Sexual and non-sexual nudity ===
|
||||
|
||||
The social context defines the cultural meaning of nudity that may range from the sacred to the profane. There are activities where freedom of movement is promoted by full or partial nudity. The nudity of the ancient Olympics was part of a religious practice. Athletic activities are also appreciated for the beauty of bodies in motion (as in dance), but in the post-modern media athletic bodies are often taken out of context to become purely sexual, perhaps pornographic.
|
||||
The sexual nature of nudity is defined by the gaze of others. Studies of naturism find that its practitioners adopt behaviors and norms that suppress the sexual responses while practicing social nudity. Such norms include refraining from staring, touching, or otherwise calling attention to the body while naked. However, some naturists do not maintain this non-sexual atmosphere, as when nudist resorts host sexually oriented events.
|
||||
|
||||
=== Concepts of privacy ===
|
||||
Societies in continental Europe think of privacy as protecting a right to respect and personal dignity. Europeans maintain their dignity, even naked where others may see them, including sunbathing in urban parks. In Amsterdam, people are not shy about being naked in their homes, and do not use shades to prevent being seen from outside. In America, the right to privacy is oriented toward values of liberty, especially in one's home. Americans see nakedness where others may see as surrendering "any reasonable expectation of privacy". Such cultural differences may make some laws and behaviors of other societies seem incomprehensible, since each culture assumes that their own concepts of privacy are intuitive, and thus human universals.
|
||||
|
||||
==== High and low context cultures ====
|
||||
|
||||
The concepts of high-context and low-context cultures were introduced by anthropologist Edward T. Hall. The behaviors and norms of a high context culture depend upon shared implicit norms that operate within a social situation, while in a low context culture behavior is more dependent upon explicit communications. An example of this distinction was found in research on the behavior of French and German naturists on a nude beach. Germans, who are extremely low in cultural context, maintain public propriety on a nude beach by not wearing adornments, avoiding touching themselves and others, and any other behaviors that would call attention to the body. By contrast, the French, in their personal lives, are relatively high context: they interact within closely knit groups, they are sensitive to nonverbal cues, and they engage in relatively high amounts of body contact. French naturists were more likely than Germans to wear make-up and jewelry and to touch others as they would while dressed.
|
||||
|
||||
=== Private nudity ===
|
||||
In the early 20th century, the attitudes of the general public toward the human body reflected rising consumerism, concerns regarding health and fitness, and changes in clothing fashions that sexualized the body. However, members of English families report that in the 1920s to 1940s they never saw other family members undressed, including those of the same gender. Modesty continued to prevail between married couples, even during sex. In the United States, a third of women born before 1900 remained clothed during sex, while it was only eight percent for those born in the 1920s.
|
||||
Individuals vary in their comfort with being nude in private. According to a 2004 U.S. survey by ABC News, 31 percent of men and 14 percent of women report sleeping in the nude. In a 2014 survey in the U.K., 42 percent responded that they felt comfortable naked and 50 percent responded they did not. In that same survey, 22 percent said they often walk around the house naked, 29 percent slept in the nude, and 27 percent had gone swimming nude. In a 2018 U.S. survey by USA Today, 58 percent reported that they slept in the nude; by generation 65 percent of millennials, and 39 percent of baby boomers.
|
||||
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|
||||
|
||||
==== Body image and emotions ====
|
||||
Body image is the perceptions and feelings of a person regarding their own body's appearance, which effects self-esteem and life satisfaction. There is evidence that the majority of women and girls in western societies have a negative body image, mainly regarding their size and weight. The sociocultural model of body image emphasizes the role of cultural ideals in the formation of an individual's body image. American ideals for women are unrealistic based upon a comparison of a healthy body mass index (BMI) with the desired BMI, which is 15 percent lower. Cultural ideals are transmitted by parents, peers, and the media. Men and boys are increasingly concerned with their appearance, wanting to be more muscular.
|
||||
In non-western cultures, body image has a different meaning, particularly in sociocentric societies in which people think of themselves as part of a group, not as individuals. In addition, where food insecurity and disease is a danger, a person growing thinner is viewed as unhealthy; a more robust body is the ideal. The evolutionary perspective is that for women, hip-to-waist ratio with emphasis on the hips and a more curvaceous body is the ideal around the world, while for men it is waist-to-chest ratio. However, westernization of cultures has resulted in an increase in body dissatisfaction worldwide.
|
||||
Shame is one of the moral emotions often associated with nudity. Shame may be thought of as positive in response to a failure to act in accordance with moral values, thus motivating improvement in the future. However, shame is often negative as the response to perceived failures to live up to unrealistic expectations. The shame regarding nudity is one of the exemplars of the emotion, yet rather than being a positive motivator, it is considered unhealthy. The universality of bodily shame is not supported by anthropological studies, which do not find the use of clothing to cover the genital areas in all societies, but often find the use of adornments to call attention to the sexuality.
|
||||
Others argue that the shame felt when naked in public is due to valuing modesty and privacy as socially positive. However, the response to public exposure of normally private behavior is embarrassment, rather than shame. The absence of shame, or any other negative emotions regarding being naked, depends upon becoming unselfconscious while nude, which is the state both of children and those that practice naturism. This state is more difficult for women given the social presumption that women's bodies are always being observed and judged not only by men but other women. In a naturist environment, because everyone is naked, it becomes possible to dilute the power of social judgements.
|
||||
Naturists have long promoted the benefits of social nudity, but little research had been done, reflecting the generally negative assumptions surrounding public nudity. Recent studies indicate not only that social nudity promotes a positive body image, but that nudity-based interventions are helpful for those with a negative body image. A negative body image affects overall self-esteem, which in turn reduces life satisfaction. Psychologist Keon West of Goldsmiths, University of London found that nude social interaction reduced body anxiety and promoted well-being.
|
||||
|
||||
=== Semi-public nudity ===
|
||||
Historically, certain facilities associated with activities that require partial or complete nakedness, such as bathing or changing clothes, have limited access to certain members of the public. These normal activities are guided by generally accepted norms, the first of which is that the facilities are most often segregated by gender; however, this may not be the case in all cultures. Discomfort with nudity has two components, not wanting to see others naked, and not wanting to be seen by others while naked.
|
||||
In Islamic countries, women may not use public baths, and men must wear a waist wrapper. In some traditional cultures and rural areas modern practices are limited by the belief that only the exposed parts of the body (hands, feet, face) need to be washed daily; and also by Christian and Muslim belief that the naked body is shameful and must always be covered.
|
||||
|
||||
==== Steam baths and spas ====
|
||||
|
||||
Many cultures have a tradition going back to prehistory of communal use of hot water or steam/sweat baths which are usually nude, sometimes with mixed genders.
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The sauna is attended nude in its source country of Finland, where many families have one in their home, and is one of the defining characteristics of Finnish identity. For Finns, going to a sauna is a ritual with cultural meanings regarding cleanliness, connections to nature, and connection to other people without public roles or sexuality. Saunas have been adopted worldwide, first in Scandinavian and German-speaking countries of Europe, with the trend in some of these being to allow both genders to bathe together nude. For example, the Friedrichsbad in Baden-Baden has designated times when mixed nude bathing is permitted. The German sauna culture also became popular in neighbouring countries such as Switzerland, Belgium, the Netherlands and Luxembourg. In contrast to Scandinavia, public sauna facilities in these countries—while nude—do not usually segregate genders.
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The sauna came to the United States in the 19th century when Finns settled in western territories, building family saunas on their farms. When community saunas were built in the 20th century, they eventually included separate steam rooms for men and women.
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Korean spas have opened in the United States, also gender separated in areas with nudity. In addition to the health benefits, a woman wrote in Psychology Today suggesting the social benefits for women and girls having real life experience of seeing the variety of real female bodies—even more naked than at a beach—as a counterbalance to the unrealistic nudity seen in popular media.
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==== Changing rooms and showers ====
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The men's locker room—which in Western cultures had been a setting for open male social nudity—is, in the 21st century United States, becoming a space of modesty and distancing between men. For much of the 20th century, the norm in locker rooms had been for men to undress completely without embarrassment. That norm has changed; in the 21st century, men typically wear towels or other garments in the locker room most of the time and avoid any interaction with others while naked. This shift is the result of changes in social norms regarding masculinity and how maleness is publicly expressed; also, open male nudity has become associated with homosexuality. In facilities such as the YMCA that cater to multiple generations, the young are uncomfortable sharing space with older people who do not cover up. The behavior in women's locker rooms and showers also indicates a generational change, younger women covering more, and full nudity being brief and rare, while older women are more open and casual.
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In the 21st century, some high-end New York City gyms were redesigned to cater to millennials who want to shower without ever being seen naked. The trend for privacy is being extended to public schools, colleges and community facilities replacing "gang showers" and open locker rooms with individual stalls and changing rooms. The change also addresses issues of transgender usage and family use when one parent accompanies children of differing gender.
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==== Arts-related activities ====
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Distinct from the nude artworks created, sessions where artists work from live models are a social situation where nudity has a long tradition. The role of the model both as part of visual art education and in the creation of finished works has evolved since antiquity in Western societies and worldwide wherever western cultural practices in the visual arts have been adopted. At modern universities, art schools, and community groups art model is a job, one requirement of which is to pose "undraped". Some have investigated the benefits of arts education including drawing nudes from life as an opportunity to satisfy youthful curiosity regarding the human body in a non-sexual context.
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||||
|
||||
=== Public nudity ===
|
||||
|
||||
Participants in the counterculture of the 1960s embraced nudity as part of their daily routine and to emphasize their rejection of anything artificial. Countercultural nudity differed from classical nudism by agreeing that nudity is natural and fun but may also be sexual while rejecting the sexual exploitation of women. It also became an expression of dissent in opposition to hostility and violence, hippies finding that nudity interfered with the usual procedures of civil authority.
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||||
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||||
In the mainstream, Diana Vreeland could note in Vogue in 1970 that a bikini bottom worn alone had become fashionable for young women on beaches from Saint-Tropez, France to Sardinia, Italy. In 1974, an article in The New York Times noted an increase in American tolerance for nudity, both at home and in public, approaching that of Europe. By 1998, American attitudes toward sexuality had continued to become more liberal than in prior decades, but the reaction to total nudity in public was generally negative. However, some elements of the counterculture, including nudity, continued with events such as Burning Man.
|
||||
Attitudes toward public nudity vary from complete prohibition in Islamic countries to general acceptance, particularly in Scandinavia and Germany, of nudity for recreation and at special events. Such special events can be understood by expanding the historical concept of Carnival, where otherwise transgressive behaviors are allowed on particular occasions to include public nudity. Examples include the Solstice Swim in Tasmania (part of the Dark Mofo festival) and World Naked Bike Rides.
|
||||
Germany is known for being tolerant of public nudity in many situations. In a 2014 survey, 28 percent of Austrians and Germans had sunbathed nude on a beach, 18 percent of Norwegians, 17 percent of Spaniards and Australians, 16 percent of New Zealanders. Of the nationalities surveyed, the Japanese had the lowest percentage, 2 percent.
|
||||
In the United States in 2012, the city council of San Francisco, California, banned public nudity in the inner-city area. This move was initially resisted because the city was known for its liberal culture and had previously tolerated public nudity. Similarly, park rangers began issuing tickets against nudity at San Onofre State Beach—also a place with long tradition of public nudity—in 2010.
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==== Naturism ====
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Nudism, in German Freikörperkultur (FKK), "free body culture" originated in Europe in the late 19th century among some members of the life reform movement (Lebensreform) who sought a simpler life in opposition to industrialization. While Christian moralists in the early 20th century tended to condemn nudism, some Christians found moral purity in the nude body compared to the sexually suggestive clothing of the era. Its proponents believed that nudism could combat social inequality, including sexual inequality. Naturist attitudes toward the body became more widely accepted in sports and in the arts in the Weimar Republic. There were advocates of the health benefits of sun and fresh air that instituted programs of exercise in the nude for children in groups of mixed gender, Adolf Koch founding thirteen FKK schools. With the rise of Nazism in the 1930s, the nudism movement split ideologically, the socialists adopting the views of Koch, seeing his programs as part of improving the lives of the working class. Although many Nazis opposed nudity, others used it to extol the Aryan race as the standard of beauty, as reflected in the Nazi propaganda film Olympia directed by Leni Riefenstahl. Between the first and second world wars, naturism spread to other countries based upon the German model, but being less ideological and political; incorporating cultural elements within Scandinavia, France, England, Belgium and the Netherlands.
|
||||
Contemporary naturism (or nudism) is a subculture advocating and defending private and public nudity as part of a simple, natural lifestyle. Naturists reject contemporary standards of modesty that discourage personal, family and social nudity. They instead seek to create a social environment where individuals feel comfortable being in the company of nude people and being seen nude, either by other naturists or by the general public. In contradiction of the popular belief that nudists are more sexually permissive, research finds that nudist and non-nudists do not differ in their sexual behavior. The young children with experiences of naturism or nudity in the home had a more positive body image.
|
||||
The social sciences, until the middle of the 20th century, often studied public nakedness, including naturism, in the context of deviance or criminality. However, more recent studies find that naturism has positive effects on body image, self-esteem and life satisfaction.
|
||||
|
||||
== Legal issues ==
|
||||
|
||||
Worldwide, public nudity may be allowed or prohibited based upon local laws or customs that range from lenient to strict.
|
||||
In the United Kingdom, nudity may not be used to "harass, alarm or distress" according to the Public Order Act 1986. Simply being nude would not likely fall under any category of offense. After repeated arrests, prosecutions, and convictions in Great Britain, the activist Stephen Gough sued at the European Court of Human Rights for the right to be nude in public outside of designated areas. His claim was ultimately rejected.
|
||||
In the 21st century in the United States, the legal definition of "full nudity" is exposure of the genitals. "Partial nudity" includes exposure of the buttocks by either sex or exposure of the female breasts. Legal definitions are further complicated by laws regarding indecent exposure; this term generally refers to engaging in public nudity with an intent to offend common decency. Lewd and indecent behavior is usually defined as causing alarm, discomfort, or annoyance for the average person. Where the law has been challenged by asserting that nudity by itself in not lewd or disorderly, laws have been amended to specify indecent exposure, usually of the genitals but not always of the breast. Public indecency is generally a misdemeanor, but may become a felony upon repeated offense or always if done in the presence of a minor. The law differs between states. In Oregon, public nudity is legal and protected as free speech as long as there is not an "intent to arouse". Arkansas not only outlaws private nudism, but bans anyone from advocating the practice.
|
||||
Specific laws may either require or prohibit religious attire (veiling) for women. In a survey using data from 2012 to 2013, there were 11 majority Muslim countries where women must cover their entire bodies in public, which may include the face. There were 39 countries, mostly in Europe, that had some prohibition of religious attire, in particular face coverings in certain situations, such as government buildings. Within Russia, laws may either require or prohibit veiling depending upon location.
|
||||
The brief, sudden exposure of parts of the body normally hidden from public view has a long tradition, taking several forms:
|
||||
|
||||
Flashing refers to the brief public exposure of the genitals or female breasts. At Mardi Gras in New Orleans flashing—an activity that would be prohibited at any other time and place—has become a ritual of long standing in celebration of Carnival. While many celebrations of Carnival worldwide include minimal costumes, in the French Quarter flashing references its history as a "red-light district", a sexual performance earning a symbolic payment of glass beads. Although the majority of those performing continue to be women, men (both homosexual and heterosexual) now also participate.
|
||||
Mooning refers to exposure of the buttocks. Mooning opponents in sports or in battle as an insult may have a history going back to ancient Rome.
|
||||
Streaking refers to running nude through a public area. While the activity may have a long history, the term originated in the 1970s for a fad on college campuses, which was initially widespread but short-lived. Later, a tradition of "nude runs" became institutionalized on certain campuses, such as the Primal Scream at Harvard.
|
||||
|
||||
=== Imposed nudity ===
|
||||
|
||||
==== Punishment ====
|
||||
In some situations, nudity is forced on a person. For instance, imposed nudity (full or partial) can be part of corporal punishment or as humiliation, especially when administered in public. For example, in 2017, students at a girls' school in the north-east Indian state of Arunachal Pradesh were forced to undress as a form of punishment.
|
||||
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Block a user