A Sinner or a Criminal? The Judgment of Oleg Mavromatti under Article 282

Poetics Today ◽  
2020 ◽  
Vol 41 (3) ◽  
pp. 437-460
Author(s):  
Darja Filippova
Keyword(s):  
Public Space ◽  
Criminal Law ◽  
Church And State ◽  
Religious Tradition ◽  
Russian Culture ◽  
The Public ◽  
Holy Fool ◽  
Behavioral Paradigm ◽  
Performance Events ◽  
Sociopolitical Climate

This article discusses the performance events “Do Not Believe Your Eyes” (2000) and “Ally/Foe” (2010) by Russian artist Oleg Mavromatti in the framework of a single durational event that critiques the sacralization of public space in Russia. The public reception of the performances is mediated by attitudes toward Russian Criminal Law Article 282, the so-called law against religious offenses, in a sociopolitical climate where Orthodoxy is conflated with state patriotism. Through the appropriation of the colloquially resonant behavioral paradigm of the holy fool, the author analyzes how Mavromatti’s performance event critiques the concept of “judgment” (by an Orthodox state and by an Orthodox public) from within a culturally resonant religious tradition. The artist’s intervention calls for a secular separation of church and state, but by doing so from within a religious tradition, it illuminates the function of the postsecular as a mode of engagement in contemporary Russian culture.

scholarly journals Penalising Presence in Public Space: Control through Exclusion of the ‘Difficult’ and ‘Undesirable

2017 ◽  
Vol 6 (2) ◽  
pp. 1-16 ◽  
Author(s):  
Craig Johnstone
Keyword(s):  
Public Space ◽  
Criminal Law ◽  
Public Spaces ◽  
Critical Assessment ◽  
Public Realm ◽  
Exclusionary Practices ◽  
The Public ◽  
Recent Reform ◽  
Mere Presence ◽  
Preferred Solutions

Over the last two decades and across a number of jurisdictions, new measures enshrined in criminal law and administrative codes have empowered authorities to exclude unwelcome groups and individuals from public spaces. Focusing particular attention on recent reform in Britain, this paper traces the evolution of contemporary exclusionary practices, from their initial concern with proscribed behaviour to the penalisation of mere presence. The latter part of the paper offers a critical assessment of what has driven these innovations in control of the public realm. Here consideration is given to two possibilities. First, such policy is the outcome of punitive and revanchist logics. Second, their intentions are essentially benign, reflecting concerns about risk, liveability and failures of traditional order-maintenance mechanisms. While acknowledging concerns about the over-eagerness of scholars to brand new policy as punitive, the paper concludes that any benign intentions are overshadowed by the regressive and marginalising consequences of preferred solutions.

Models of Church-State Relations in European Democracies

2008 ◽  
Vol 1 (3) ◽  
pp. 251-272 ◽  
Author(s):  
Sabine Riedel
Keyword(s):  
Twentieth Century ◽  
Public Space ◽  
Western Europe ◽  
Church And State ◽  
Eastern European ◽  
Political Systems ◽  
Muslim Population ◽  
The Public ◽  
Church State Relations ◽  
State Relations

AbstractEuropean church-state relations are the result of a long democratisation process. The immigration of the Muslim population during the second part of the twentieth century to Western Europe and the democratic transition of the Eastern European political systems after 1990 raise questions on the importance of religious bodies in the public space and their influence on existing church-state relations. This article analyses whether these developments would continue the traditional separation of church and state or put the clocks back towards a new sacralisation of politics.

scholarly journals La Rivoluzione Macchiata: The Stained Revolution

2021 ◽  
Vol 2 ◽  
pp. 91
Author(s):  
Sasha Souillard
Keyword(s):  
Political Parties ◽  
Public Space ◽  
Legal Status ◽  
Pop Culture ◽  
Political Activism ◽  
Women’S Rights ◽  
Right Wing ◽  
The Public ◽  
Italian Culture ◽  
Sociopolitical Climate

Although graffiti gained popularity through the expansion of American pop culture, its origins are greatly embedded in Italian culture and history. Not only does the word graffiti come from the Italian word "graffiato" or "scratched "off", but some of the world's first graffiti was found in Pompeii's ruins. Over the last few years, Italy has been governed by right-wing coalitions that have implemented fascist practices once used by Mussolini. Given that there is little space for leftist ideas to emerge in the public space, Italians have used graffiti as a form of political activism and protest. Conversations surrounding fascism, racism, women's rights, immigration and the LGTBQ community have arisen within graffiti, allowing outsiders to better understand Italians' takes on these issues. This study investigates Italy's sociopolitical climate through graffiti as a form of art, and also sheds light on how graffiti provokes its audience. The graffiti found in Florence, Bologna, and Naples proves to be linguistically complex, and provokes observers both through heightened language and visuals. This study suggests that the majority of Italian sociopolitical graffiti belongs to students who are unable to take part in democracy based on their age or legal status. While often deemed a vandalistic act, graffiti has allowed Italian individuals to protest what is unjust, and make themselves heard in a society where their voices are being suffocated by right-wing political parties and their media.

The Problem of Religious Diversity

2017 ◽  
Keyword(s):  
Middle East ◽  
Public Space ◽  
Church And State ◽  
Religious Diversity ◽  
Complete Separation ◽  
Political Life ◽  
Religious Communities ◽  
Third Way ◽  
The Public ◽  
Religious Plurality

Religion and religious diversity are one of the toughest diversity challenges that European societies face today. Old paradigms of republicanism or multiculturalism seem to be in crisis but a new “third way” between laicité and state religion is not yet visible. This book questions whether the best way to deal with religious diversity is to equalise upwards or downwards, what are the obstacles to a more egalitarian religious pluralism, and what we can learn from policies and practices in the Middle East and Asia where religious plurality and the integration of religion in the public space is the norm rather than the exception. The first part of the book discusses the type and degree of secularism that is fit for addressing the challenges of religious diversity that contemporary western societies face at a theoretical or normative level, while its second part engages with the experiences of countries in Europe, the Middle East, Asia and Oceania in their governance and accommodation of diverse religious communities within a single state. These chapters seek to assess whether respect and acceptance of religion as one dimension of public and political life can provide for a more appropriate basis for the governance of religious diversity than European or North American models of moderate or complete separation of church and state.

Habermas, Cultural Hegemony, and the Educational Public Sphere

2018 ◽  
Vol 11 (1-2) ◽  
pp. 43-62
Author(s):  
Wisam Kh. Abdul-Jabbar
Keyword(s):  
Public Sphere ◽  
Social Inequality ◽  
Public Space ◽  
Oral Tradition ◽  
Pedagogical Practices ◽  
Cultural Hegemony ◽  
The Public ◽  
The Public Sphere ◽  
Arabic Speaking

This study explores Habermas’s work in terms of the relevance of his theory of the public sphere to the politics and poetics of the Arab oral tradition and its pedagogical practices. In what ways and forms does Arab heritage inform a public sphere of resistance or dissent? How does Habermas’s notion of the public space help or hinder a better understanding of the Arab oral tradition within the sociopolitical and educational landscape of the Arabic-speaking world? This study also explores the pedagogical implications of teaching Arab orality within the context of the public sphere as a contested site that informs a mode of resistance against social inequality and sociopolitical exclusions.

Public space of the trustworthiness of sociological knowledge: The case of electoral research

2020 ◽  
pp. 13-22
Author(s):  
OLEKSANDR STEGNII
Keyword(s):  
Public Space ◽  
Research Process ◽  
Negative Influence ◽  
Election Campaign ◽  
Sociological Research ◽  
Good Tool ◽  
Sociological Knowledge ◽  
The Public ◽  
Approval Ratings ◽  
The Impact

The paper analyses specific features of sociological data circulation in a public space during an election campaign. The basic components of this kind of space with regard to sociological research are political actors (who put themselves up for the election), voters and agents. The latter refer to professional groups whose corporate interests are directly related to the impact on the election process. Sociologists can also be seen as agents of the electoral process when experts in the field of electoral sociology are becoming intermingled with manipulators without a proper professional background and publications in this field. In a public space where an electoral race is unfolding, empirical sociological research becomes the main form of obtaining sociological knowledge, and it is primarily conducted to measure approval ratings. Electoral research serves as an example of combining the theoretical and empirical components of sociological knowledge, as well as its professional and public dimensions. Provided that sociologists meet all the professional requirements, electoral research can be used as a good tool for evaluating the trustworthiness of results reflecting the people’s expression of will. Being producers of sociological knowledge, sociologists act in two different capacities during an election campaign: as analysts and as pollsters. Therefore, it is essential that the duties and areas of responsibility for professional sociologists should be separated from those of pollsters. Another thing that needs to be noted is the negative influence that political strategists exert on the trustworthiness of survey findings which are going to be released to the public. Using the case of approval ratings as an illustration, the author analyses the most common techniques aimed at misrepresenting and distorting sociological data in the public space. Particular attention is given to the markers that can detect bogus polling companies, systemic violations during the research process and data falsification.

The public and the private: reconfiguring the interrelationship during a civil act

2019 ◽  
pp. 53-69
Author(s):  
Natalia Kostenko
Keyword(s):  
Public Sphere ◽  
Public Space ◽  
Rapid Development ◽  
Online Communication ◽  
Decisive Role ◽  
Physical Interaction ◽  
Bare Life ◽  
Public And Private ◽  
The Public ◽  
The Public Sphere

The subject matter of research interest here is the movement of sociological reflection concerning the interplay of public and private realms in social, political and individual life. The focus is on the boundary constructs embodying publicity, which are, first of all, classical models of the space of appearance for free citizens of the polis (H. Arendt) and the public sphere organised by communicative rationality (Ju. Habermas). Alternative patterns are present in modern ideas pertaining to the significance of biological component in public space in the context of biopolitics (M. Foucault), “inclusive exclusion of bare life” (G. Agamben), as well as performativity of corporeal and linguistic experience related to the right to participate in civil acts such as popular assembly (J. Butler), where the established distinctions between the public and the private are levelled, and the interrelationship of these two realms becomes reconfigured. Once the new media have come into play, both the structure and nature of the public sphere becomes modified. What assumes a decisive role is people’s physical interaction with online communication gadgets, which instantly connect information networks along various trajectories. However, the rapid development of information technology produces particular risks related to the control of communications industry, leaving both public and private realms unprotected and deforming them. This also urges us to rethink the issue of congruence of the two ideas such as transparency of societies and security.

The Legal Framework of Islamic Criminal Law in Aceh with refer-ence to Application, Challenges and Way Forward (Kerangka undang-undang jenayah Islam di Aceh merujuk kepada aplikasi, cabaran dan jalan kehadapan)

2018 ◽  
Vol 15 (3) ◽  
pp. 300-314
Author(s):  
Ramizah Wan Muhammad ◽  
Khairunnasriah Abdul Salam ◽  
Afridah Abbas ◽  
Nasimah Hussin
Keyword(s):  
Criminal Law ◽  
Islamic Law ◽  
Central Government ◽  
Legal Framework ◽  
The Public ◽  
Banking And Finance ◽  
Procedural Law ◽  
Legal Administration ◽  
Criminal Matters ◽  
And Training

Aceh is a special province in Indonesia and different from other Indonesian provinces especially in the context of Shari'ah related laws. Aceh was granted special autonomy and legal right by the Indonesian central government in 2001 to fully apply Islamic law in the province. Generally, Islamic law which is applicable to Muslims in Indonesia is limited to personal laws just as in Malaysia. However, with the passage of time, Islamic law has expanded to include Islamic banking and finance. Besides that, Islamic law in Aceh is also extended to govern criminal matters which are in line with the motto of Aceh Islamic government to apply Islamic law in total or kaffah. Since 1999, the legal administration of Aceh has begun to gradually put in place the institutional framework to ensure that Islamic law is properly administered and implemented. Equally important, such framework is also aimed to ensure that punishments are fairly executed. This paper attempts to analyse the extent of the applicability of Islamic criminal law in Aceh. It is divided into three major parts. The first part discusses the phases in making Aceh an Islamic province and the roles played by Dinas Syariat Islam Aceh as the policy maker in implementing Islamic law as well as educating and training the public about the religion of Islam. The second part gives an overview on the Islamic criminal law and punishment provided in Qanun Aceh No.6/2014 on Hukum Jinayat (hereinafter Qanun Hukum Jinayat or “QHJ”) as well as the criminal procedural law concerning the methods of proof codified in Qanun Aceh No.7/2013 on Hukum Acara Jinayat (hereinafter “QAJ”). The third part of this paper highlights the challenges in the application and implementation of Islamic criminal law in Aceh, and accordingly provides recommendations for the improvement of the provisions in the QHJ and QAJ. Inputs from the interviews with the drafters of QHJ, namely Prof. Dr. Hamid Sarong and Prof. Dr Al Yasa are utilized in preparing this paper. In addition, inputs gathered from nongovernmental organizations (NGOs), namely Indonesian Syarie Lawyers Association (APSI) and Jaringan Masyarakat Sipil Peduli Syariah (JMSPS) are employed. The findings of this research are important in providing an in-depth understanding on the framework of Islamic criminal law in Aceh as well as in recognizing the flaws in its application or practical aspects of the law in Aceh. Keywords: Islamic law, Aceh, Administration, Punishment. Abstrak Aceh merupakan sebuah Wilayah Istimewa di Indonesia dibandingkan dengan wilayah-wilayah lain dari segi pelaksanaan undang-undang Islam. Aceh diberi status Wilayah Istimewa yang berautonomi oleh Pemerintah Pusat Indonesia pada tahun 2001 untuk melaksanakan undang-undang Islam secara menyeluruh. Pemakaian dan pelaksanaan undang-undang Islam di Aceh tidak terhad pada Undang-undang jenayah tetapi telah meliputi bidang perbankan dan kewangan Islam. Sejak tahun 1999, Pentadbiran Undang-undang Aceh telah merangka undang-undang bagi memastikan undang-undang Islam dapat ditadbir dan dilaksanakan dengan baik. Selain itu juga, undang-undang yang dirangka juga turut bertujuan untuk memastikan hukuman yang berasaskan undang-undang Islam dapat dilaksanakan secara adil. Oleh itu, kajian dalam kertas kerja ini dibuat uuntuk menganalisa sejauh mana undang-undang jenayah Islam dilaksanakan di Aceh. Kertas ini terbahagi kepada tiga bahagan utama, yang mana bahagian pertama membincangkan latas belakang awal kewujudan wilayah Islam Aceh dan peranan yang dimainkan oleh Dinas Syariat Islam Aceh sebagai mpembuat dasar dalam pelaksanaan undang-undang Islam, mendidik serta menyediakan latihan kepada masyarakat umum di Aceh mengenai Islam. Bahagian kedua menyediakan gambaran umum tentang undang-undang jenayah dan hukuman dalam Islam sebagaimana termaktub dalam Qanun Aceh No.6/2014 berkenaan Hukum Jinayat (“Qanun Hukum Jinayat” atau “QHJ”) serta undang-undang prosedur jenayah berkenaan cara pembuktiaan jenayah sebagaimana yag termaktub dalam Qanun Aceh No.7/2013 berkenaan Hukum Acara Jinayat (“QAJ”). Bahagian ketiga kertas ini menekankan masalah atau cabaran yang dihadapi daam pelaksanaan undang-undang jenayah Islam di Aceh, serta menyediakan cadangan-cadangan bagi penambahbaikan peruntukan-peruntukan yang ada dalam QHJ dan QAJ. Maklumat hasil dari temuramah dengan Prof. Dr. Hamid Sarong dan Prof. Dr Al Yasa telah digunakan bagi menyiapkan makalah ini. Selain itu, maklumat yang diperolehi daripada organisasi bukan kerajaan iaitu Indonesian Syarie Lawyers Association (APSI) dan Jaringan Masyarakat Sipil Peduli Syariah (JMSPS) turut dimanfaatkan. Dapatan dari kajian ini penting bagi menyediakan kefahaman terhadap kerangka undang-undang jenayah Islam di Aceh serta mengenal pasti masalah dalam aspek peruntukan undang-undang tersebut atau pelaksanaannya di Aceh. Kata Kunci: Undang-undang Islam, Aceh, Pentadbiran, Hukuman.

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