scholarly journals "Each Generation of a Free Society": The Relationship between Montana's Constitutional Convention, Individual Rights Protections, and State Constitutionalism

2000 ◽  
Author(s):  
Inga Nelson
Keyword(s):  
Individual Rights ◽  
Free Society ◽  
Constitutional Convention ◽  
The Relationship

Making Music and Masculinity in Vagrancy’s Shadow: Race, Wealth, and Malandragem in Post-Abolition Rio de Janeiro

2010 ◽  
Vol 90 (4) ◽  
pp. 591-625
Author(s):  
Marc A. Hertzman
Keyword(s):  
Rio De Janeiro ◽  
Mixed Race ◽  
Turn Of The Century ◽  
Gender And Sexuality ◽  
Free Society ◽  
Long Term Effects ◽  
Music Market ◽  
Black Poor ◽  
The Relationship

Abstract This article discusses strategies which Afro-Brazilian men used to distance themselves from demeaning assumptions and stereotypes attached to slavery and vagrancy in Rio de Janeiro. The piece focuses on the first 50 years after abolition (1888) but also shows how the ideologia da vadiagem—a set of ideas and stereotypes which defined black, poor, and mixed-race men and women as lazy and inferior—cast a long shadow deep into the twentieth century. The primary lens is the music market, which, beginning around the turn of the century, provided one of the earliest and most public venues in which black men were judged as members of a free society. Some musicians played samba and a number used malandragem, the lifestyle and ethos of flashy, masculine, malandro hustler figures, to cater to audience desires and also to distinguish themselves from caricatures of sickly, weak vadios (vagrants or idlers). Other artists rejected malandragem or only embraced it selectively, instead preferring a more toned-down “professional” look and demeanor meant to secure dignity and respect for themselves, their music, and the communities for which they served as figureheads. Eduardo das Neves, Moreno, Donga, Pixinguinha, Brancura, and Ismael Silva are among the musicians discussed here. By interpreting malandragem as a response to the ideologia da vadiagem, and as one of many identities and strategies employed by black entertainers, the article provides unique insights about the relationship between race, class, gender, and sexuality and a new way to understand the long-term effects of slavery and related assumptions about race and masculinity in Brazil.

scholarly journals PROBLEMATIKA EKSEKUSI PUTUSAN PENGADILAN TATA USAHA NEGARA

2012 ◽  
Vol 1 (3) ◽  
pp. 435 ◽  
Author(s):  
Ismail Rumadan
Keyword(s):  
Rule Of Law ◽  
General Public ◽  
Legal Protection ◽  
The State ◽  
Judicial System ◽  
Court Decision ◽  
Individual Rights ◽  
State Administration ◽  
The Relationship ◽  
Legal Force

The existence of the Administrative Court in the judicial system in Indonesia as a manifestation of the commitment of the state to provide legal protection of individual rights and the rights of the general public so as to achieve harmony, harmony, balance, and dynamic and harmonizing the relationship between citizens and the State. But the execution of the decision of the Administrative Court which have permanent legal force by the State Administration officials are not fully effective, although the mechanisms and the stages of execution has been carried out. Factors causing poor execution of the decision of the Administrative Court, among others; absence of rule of law that forced the officials to implement the State Administrative Court's decision: the commandment of the judge's decision that dare not include the forced payment of a sum of money when the state administration officials concerned did not implement the decision of the Court; factor and compliance officials in carrying out the State Administrative Court decision. Keywords: Execution, Judgment of the Court.

scholarly journals Populismo y derechos ciudadanos: anotaciones sobre un vínculo errante.

2018 ◽  
Vol 2 (67) ◽  
pp. 119
Author(s):  
Mercedes Barros ◽  
Virginia Morales
Keyword(s):  
Civil Rights ◽  
Historical Perspective ◽  
Subjective Experience ◽  
The Political ◽  
Individual Rights ◽  
Historical Experience ◽  
Theoretical Approaches ◽  
Political Experience ◽  
The Relationship

En el presente artículo se aborda la relación entre populismo y derechos ciudadanos desde una perspectiva histórica y política, atendiendo a ciertos aspectos atribuibles al populismo en tanto fenómeno político específico y enfocando el análisis en una experiencia histórica determinada de los así llamados populismos clásicos. Puesto que de manera reiterada se ha señalado que los regímenes populistas suponen una convivencia conflictiva en el ejercicio efectivo de los derechos y libertades individuales, el objetivo del artículo se encamina a contribuir al esclarecimiento de esta tensión. En particular, se centra en la experiencia política del primer peronismo, dirigiendo la mirada sobre las implicaciones de este vínculo en la base de la sociedad. Para tal propósito, se recuperan ciertas matrices textuales heterodoxas, a través de las cuales se busca dilucidar la experiencia subjetiva que se forjó en torno al ejercicio de los derechos ciudadanos con el telón de fondo del discurso peronista.Abstract: This paper addresses the relationship between populism and civil rights from a political and historical perspective, paying attention to certain theoretical approaches that can be attributed to populism understood as a specific political phenomenon and focusing analysis on a certain historical experience of so called classical populisms. As time and time again it has been suggested that populism imply a conflictive coexistence between the effective exercise of individual rights and its freedoms. The aim of this paper is to feed the clarification of this tension. It focuses on the political experience of first peronismo. The paper aims to contribute to the clarification of the tension that characterizes this link, particularly focusing on its implications at the base of society. For this purpose, we recover certain heterodox textual matrices, in which we hope to elucidate the subjective experience that was forged around the exercise of civil rights against the backdrop of Peronist discourse.

scholarly journals The Dialectic of the Nature-Society-System

1970 ◽  
Vol 4 (1) ◽  
pp. 1-39 ◽  
Author(s):  
Christian Fuchs
Keyword(s):  
Raw Materials ◽  
Modern Society ◽  
The Self ◽  
Ecological Crisis ◽  
Production Model ◽  
Self Organization ◽  
Free Society ◽  
Nature And Society ◽  
The Relationship ◽  
Means Of Production

There are four logical possibilities for conceiving the relationship of nature and society: the reduction of society to nature, the projection of nature into society, dualism, and a nature-society-dialectic. This differentiation results in four different approaches. Nature is a self-organizing system that produces an evolutionary hierarchy of interconnected systems with specific qualities. Society is a product of nature where humans produce and reproduce structures that enable and constrain human practices in dynamic processes. Parts of nature are observed and appropriated by humans from within society, these parts are socially constructed and form a subsystem of society. The self-organization cycle of nature and the self-organization cycle of the socio-sphere are mutually connected in a productive cycle of society where natural self-organization serves as the material foundation that enables and constrains social self-organization and human production processes transform natural structures and incorporate these very structures into society as means of production (technologies, raw materials). The economy is that part of the socio-sphere where the relationship between nature and the socio-sphere is established, the mediation is achieved by human labour processes. Nature enters the economic process as material input in the form of means of production (constant capital): machines, raw materials, auxiliary materials. Organized nature that is part of the production process in the form of technology increases the productivity of labour and hence reduces the costs of variable capital (total amount of wages) and increases the speed of the production of surplus value. The production system of modern society is oriented on economic profit and productivity, ecological depletion and pollution are by-products of modernization. The Fordist production model that originated in the West and was copied by the Soviet Union is one of the major causes of the global ecological crisis. The productive forces are in modern society socially and ecologically destructive forces. In late capitalism there is a tendency of commodification and privatization of nature and human knowledge. Especially in the later writings of Marx and Engels one can find formulations that suggest a productivist logic that sees nature as an enemy opposed to man, as a resource and object that must be mastered, exploited, and controlled. But throughout the works of Marx and Engels one can find many passages where they argue that there is an antagonism between capitalism and nature that results in ecological degradation and that a free society is also based on alternative, sustainable relationships between man and nature. The idea of an alternative society-nature-relationship and of nature conservation can already be found in the works of Marx and Engels, they are precursors of ecological thinking. In Orthodox Marxism dialectical thinking has been interpreted as deterministic and mechanic laws and misused for arguing that the Soviet system is a free society. An alternative is a dialectic that stresses human practice and that structures condition alternative possibilities for action. Dialectic thinkers like Herbert Marcuse and Ernst Bloch have argued that nature is a producing subject, a non-teleological subject (Marcuse). Describing nature as a subject implies that if man destroys nature the latter as a producing subject will probably produce uncontrollable negative effects on society and that hence nature should be appropriated in sustainable ways. Matter is a natural subject that acts upon itself, whereas man is a human self-conscious subject that acts upon nature and society.

scholarly journals On the issue of restriction of individual rights in civil law. Correlation between the concepts of restriction and encumbrance of civil rights

2021 ◽  
pp. 146-150
Author(s):  
V.M. Marovdi
Keyword(s):  
Civil Rights ◽  
Civil Law ◽  
Fundamental Principle ◽  
Individual Rights ◽  
Basic Law ◽  
National Legal System ◽  
Definition Of ◽  
The Right ◽  
The Relationship ◽  
Work First

In this article the author considers the concept of restriction of individual rights in civil law, as well as the re-lationship between the concepts of restriction and encumbrance of civil rights. First of all, the lack of a legislative definition of the concept of restriction of individual rights in civil law, as well as the ambiguity of the position of the legislator on the use of the term restriction and its place among related conceptsIn writing this work, first of all, attention was paid to the Constitution of Ukraine, which is the Basic Law, which serves as a guide that establishes the general boundaries of human and civil rights. The connection of the provisions of the Constitution with the norms of the Civil Code of Ukraine within the framework of the chosen topic was presented. Emphasis is placed on the fundamental principle according to which the national legal system is built, namely: “everything is allowed that is not expressly prohibited by law.”The views of some scholars who adhere to their vision of the concepts under study are given. In addition, in this study, the relationship between the concepts of restriction and encumbrance of individual rights in civil law. In the process of writing this work, the positions of legal scholars who had relatively similar positions were given. They distinguish between the above concepts, and provide the relevant features. However, outside the scope of this study were many works of scientists who do not see a difference in these concepts.None of this was left out of the regulatory framework for the definition of the above concepts at the legislative level. In particular, it was found that in contrast to the concept of restriction of individual rights, including in civil law, the current legislation contains a definition of encumbrance. There are several acts that provide this definition. And in all cases, the definition is different.Based on the analysis of regulations, it was found that the legislator does not consistently approach the definition of encumbrance. In particular, in some cases the latter includes the encumbrancer’s right to the debtor’s movable property or restriction of such right, in others - prohibition or restriction of disposal and / or use of real estate, and in some cases the legislator identifies encumbrances and restrictions.According to the results of the study, the conclusions on the failure to define in national law the concept of re-strictions on the rights of persons in civil law, as well as the lack of a clear distinction between the concept of restric-tion of the right of person and encumbrance, in particular under civil law. There is a position on the need for further research on relevant topics, which will ensure clarity and clarity of the law, and promote its effective application, as well as consensus on this issue among scholars.

Property

2017 ◽  
Author(s):  
Marco Barducci
Keyword(s):  
Property Rights ◽  
Social Contract ◽  
Private Property ◽  
The Political ◽  
Individual Rights ◽  
Law Of War ◽  
Political Implications ◽  
The Social ◽  
The Commons ◽  
The Relationship

Chapter 6 will focus primarily on the political implications of Grotius’ theory of ‘limited’ property as they concerned the relationship between the sphere of individual rights, the social contract, and the prerogatives of civil power. From the debate on the abolition of tithes in the early 1640s to the controversy between Filmer and Locke in the 1680s, the debates on property rights revolved around how much individuals could impropriate from the commons stock and, accordingly, on the limits and prerogatives of civil power in regulating private property. Grotius’ theory of property, along with his analysis of the law of war, were also components of Dutch and English expansion overseas.

The Burden of Freedom

Worldview ◽  
1965 ◽  
Vol 8 (7-8) ◽  
pp. 4-6
Author(s):  
Quentin L. Quade
Keyword(s):  
Social Groups ◽  
The Political ◽  
Decision Making Process ◽  
Free Society ◽  
International Affairs ◽  
Policy Issues ◽  
Analysis And Evaluation ◽  
Ethics Policy ◽  
The Individual ◽  
The Relationship

It is the continuing concern of worldview and its sponsoring organization, The Council on Religion and International Affairs, to probe the relationship among religion, ethics and foreign policy. Most of this concern seems to be directed toward analysis and evaluation of substantive policy issues, which are, of course, vitally important. But it may be equally important to investigate the process of religion-ethics- policy interaction, This essay examines one aspect of that process: how ethical consciousness can pervade the decision-making process. This problem will be approached by looking at three interrelated questions: a) what are the political responsibilities which flow to the individual in the free society? b) what is the character of those responsibilities? c) how can we best fulfill those responsibilities?We are inclined to define the free society as one which provides a free condition for individuals and social groups.

“We Are Coming, Father Abraham”

2020 ◽  
pp. 31-56
Author(s):  
Colleen Glenney Boggs
Keyword(s):  
Political Representation ◽  
Politics Of Representation ◽  
Habeas Corpus ◽  
Constitutional Convention ◽  
Historical Archives ◽  
Changing Attitudes ◽  
The Relationship ◽  
Newspaper Editorials

This chapter traces changing attitudes towards the draft, and examines the oppositional power parody took on under governmental regulations of speech (when it became treasonous to criticize the draft) and of bodies (when the Lincoln administration suspended the writ of habeas corpus). This chapter pairs the deliberations over the draft that occur in historical archives, specifically in newspaper editorials and personal letters, with the poetry and prose repertoires that express the voices those archives silence. Tracking the relationship between voluntary enlistment, conscription, and substitution as these ramify at the level of trope (metaphor/metonymy/synecdoche), the chapter analyzes how deliberations over draft substitution engaged and fundamentally reshaped the politics of representation established in the Constitutional Convention and developed in Walt Whitman’s antebellum celebrations of democratic equivalences. The draft’s provisions for physical substitution undercut and reshaped familiar structures of political representation, as Abraham Lincoln’s hiring of a “representative recruit” makes clear.

‘An ombudsman for Mauritius?’ Decolonization and state human rights institutions in the 1960s

2020 ◽  
pp. 1-20
Author(s):  
James Kirby
Keyword(s):  
Human Rights ◽  
Pivotal Role ◽  
Individual Rights ◽  
National Human ◽  
Sovereign Authority ◽  
British Colonial ◽  
The 1960S ◽  
National Human Rights Institutions ◽  
The Relationship

Abstract Mauritius had a pivotal role in the evolution and spread of state human rights institutions in the 1960s. The island offered an influential model for how an ombudsman, a Scandinavian mechanism, could be transported to postcolonial, economically developing, and multi-racial countries. However, this was a compromised mechanism that fell short of local ambitions for an effective guarantee of individual rights, minority protections, and socioeconomic justice. This article argues that the Mauritian ombudsman embodied the uneven power-laden struggles of the postcolonial transition, where British colonial imperatives and jealousy over sovereign authority predominated. With the use of private papers, British archival records, and Mauritian legislative debates, the article examines the relationship between decolonization and the early precursors to national human rights institutions, later popularized in the 1990s. The findings are critical for recognizing the inherent limitations of these institutions and the forgotten possibilities imagined by some anti-colonial actors for remaking postcolonial society.

Democracy – or a short history of powerlessness

Human Affairs ◽  
2017 ◽  
Vol 27 (1) ◽  
Author(s):  
Manuel Arriaga ◽  
Manuel Maria Carrilho
Keyword(s):  
Collective Action ◽  
Political Power ◽  
Novel Mutation ◽  
Individual Rights ◽  
Short History ◽  
Current Crisis ◽  
Political Reality ◽  
History Of ◽  
The Relationship

AbstractOur democracies presently face a set of unique challenges. In this article we argue that the current crisis needs to be understood as resulting from the convergence of two historical transformations: the paradigm of boundlessness; and what we term “endividualismo”, a novel mutation of individualism in the context of the financial age. The result is a novel political reality where individual rights are ever-expanding and the opportunities for collective action have shrunk to the point of impossibility. The resulting powerlessness of the polity demands new answers: we need to reconfigure the relationship between citizens and political power.

Sign in / Sign up

Export Citation Format

Share Document