scholarly journals Boundary between Religion and Social Conflict —Perspective from the Civil Rights Movement

2018 ◽  
Vol 1 (2) ◽  
pp. 135
Author(s):  
Qiong Li ◽  
Jie Yang

<em>Based on the background of American civil rights movement in which religious factors participated, this study analyzes the function of religious factors in civil rights movement from the perspective of political participation and the principle of separation of politics and religion, in order to consider the research paradigm of the relationship between religion and social conflict. It is believed that religious participation is helpful to exert the positive force of social conflict, the right of religious freedom has, to a certain extent, become the “safety valve” of social stability, and the development of religion is the embodiment of social pluralism and symbiosis.</em>

Author(s):  
Jeffrey Scholes

Race, religion, and sports may seem like odd bedfellows, but, in fact, all three have been interacting with each other since the emergence of modern sports in the United States over a century ago. It was the sport of boxing that saw a black man become a champion at the height of the Jim Crow era and a baseball player who broke the color barrier two decades before the civil rights movement began. In this chapter, the role that religion has played in these and other instances where race (the African American race in particular) and sports have collided will be examined for its impact on the relationship between race and sports. The association of race, religion, and sports is not accidental. The chapter demonstrates that all three are co-constitutive of and dependent on each other for their meaning at these chosen junctures in American sports history.


Troublemakers ◽  
2019 ◽  
pp. 1-10
Author(s):  
Kathryn Schumaker

The introductionexplains how and why student protest became common in the United States in the late 1960s and places these protests in the context of shifts in the history of education and in broader social movements, including the civil rights movement, the Chicano Movement, and black power activism. The introduction also situates students’ rights within the context of children’s rights more broadly, explaining the legal principles that justified age discrimination and excluded children and students from the basic protections of American constitutional law. The introduction identifies the two decades between the 1960s and 1980s as a constitutional moment that revolutionized the relationship of students to the state. It also connects students’ rights litigation to the issue of school desegregation and the legacy of Brown v. Board of Education.


Author(s):  
Traci Parker

Chapter 4 considers the department store movement and the birth of a modern middle-class consciousness in the 1940s and 1950s. Department stores remained key battlegrounds and took on greater significance as black purchasing power had reached an unprecedented level of $8-9 million by 1947 and the relationship between consumption and citizenship had changed. For the most part, the department store movement remained a fight for jobs in the immediate postwar era, taking on consumer issues as it saw fit. This phase of the movement marked a period of preliminary testing that would eventually lead to militant protests in the 1950s and 1960s. Under the leadership of the National Urban League (NUL) and American Friends Service Committee (AFSC), the movement relied on intercultural education and moral exhortations. Emblematic of racial liberalism and the early civil rights movement, the NUL and AFSC believed that if respectable blacks and white community leaders simply asked store officials to hire African Americans in sales and clerical, they would, and after that “their attitude about integrated workplaces and African Americans generally would change,” helping them “topple barriers in other industries and locations.”


Author(s):  
Roberta Gold

This chapter examines how tenants addressed three public policy questions: public housing, slum clearance, and civil rights. The rent-control statutes that tenants vigorously defended served to moderate prices that would otherwise be set higher by the law of supply and demand. However, many tenants and housers were aware that rent control was a superficial fix. The underlying problem was scarcity of housing and a consequent landlord's market. Therefore from the Depression onward, the city's tenants and their allies also promoted programs to build new rental units and improve old ones. The chapter considers how these efforts extended “New York exceptionalism” in two important ways: expansion of public housing and the opening of a new arena for black struggle. It also explores how New York exceptionalism extended into the private housing market and discusses the relationship between rental housing and black progress. It shows that, by organizing widely and using the courts and formal politics, tenants managed to hold the line on some of the gains they had made before and during the war.


Author(s):  
V.M. Marovdi

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.


2018 ◽  
Vol 47 (2) ◽  
pp. 195-237 ◽  
Author(s):  
David Cottrell ◽  
Michael C. Herron ◽  
Javier M. Rodriguez ◽  
Daniel A. Smith

On account of poor living conditions, African Americans in the United States experience disproportionately high rates of mortality and incarceration compared with Whites. This has profoundly diminished the number of voting-eligible African Americans in the country, costing, as of 2010, approximately 3.9 million African American men and women the right to vote and amounting to a national African American disenfranchisement rate of 13.2%. Although many disenfranchised African Americans have been stripped of voting rights by laws targeting felons and ex-felons, the majority are literally “missing” from their communities due to premature death and incarceration. Leveraging variation in gender ratios across the United States, we show that missing African Americans are concentrated in the country’s Southeast and that African American disenfranchisement rates in some legislative districts lie between 20% and 40%. Despite the many successes of the Voting Rights Act and the civil rights movement, high levels of African American disenfranchisement remain a continuing feature of the American polity.


2019 ◽  
Vol 23 (4) ◽  
pp. 352-363
Author(s):  
Mary T. Bassett

AbstractThe Black Panther Party (BPP) evolved from an organization focused on armed self-defense against police brutality to one that framed police violence as part of broader social violence. Protection meant advocating for a wide range of social and economic rights, including the right to health. In this view, the BPP aligned with a broader tradition of community health from the civil rights movement, women’s movement, and other progressive movements. Fred Hampton articulated a radical view that saw the inadequate government social services as a form of oppression. Central to better health was the promotion of social justice and human dignity, incorporated into the BPP “survival programs.” In a few short years, the BPP established more than a dozen clinics across the country and a national sickle cell screening program. Its legacy remains relevant today.


Author(s):  
P. Guyvan

This article is devoted to the study of the scientific question of the temporal parameters of the certainty of the protection and legal relationship that arises in the case of violation of the subjective civil rights of the person. The author’s vision of the time of existence of the law is given, in this context the fundamental difference between the concepts of "duration of the legal relationship" and "time of exercise of subjective right" is substantiated. It is substantiated that the duration of the behavior of the contractors is not always equal to the duration of the legal relationship, because the moment of the relationship does not always coincide with the moment of its implementation. Along with the legal relationship arises not the behavior itself, but only the legal means of ensuring such behavior – a subjective right and legal obligation. So, on the other hand, the time for the exercise of a subjective right coincides with the period of its existence. Given that the temporal factors in the protection of law have a significant specificity of regulation, a fundamental separation of protective and regulatory material relations. The fact is that it is not always easy to establish a temporal boundary when an intact right passes to a disturbed state. This means that there are certain problems in accessing the appropriate protective tools. Examples of such substitution of concepts and criteria for their elimination are given. The paper also provides a scientific definition of the real essence of the protective relationship, which is that in the case of violation of subjective substantive law there is a different than before, the interaction, which is protective and legal in nature. It includes the material claim of the right holder to the infringer and the corresponding obligation of the latter. It is noted that the forms of implementation of the protection requirement of the holder of the new right may be different, each of them has its own time regulators. For example, a lawsuit is filed for a limited period of time – a statute of limitations, while for operational measures or other out–of–court claims there are special deadlines, or no time limit at all. Therefore, the need for a separate temporal mediation of each of these methods of protective response is emphasized.


Author(s):  
Aniko Bodroghkozy

This book examines the role played by American network television in reconfiguring a new “common sense” about race relations during the civil rights revolution. Drawing on stories told both by television news coverage and prime time entertainment, it explores the relationship among the civil rights movement, television, audiences, and partisans on either side of the black empowerment struggle. In particular, it considers the recurring theme that America's racial story was one of color-blind equality grounded on a vision of “black and white together.” The book concludes that television had an ambivalent place in the civil rights revolution. More specifically, it argues that network television sought to represent a rapidly shifting consensus on what “blackness” and “whiteness” meant and how they now fit together. Network television premised equality on a largely white definition whereby African Americans were ready for equal time to the extent that their representations conformed to whitened standards of middle-class and professional respectability.


Author(s):  
V. G. Golubtsov ◽  

Introduction: the role of the court judgement that determines civil rights and obligations remains not completely perceived in civil law. In the modern science of civil law, no definite theoretical views on this subject have yet been formed, except for those that were formulated in the period when the science was actively discussing the very fact of referring court judgements to jural facts of civil law. In the article, we address this issue through reviewing, analyzing and generalizing the existing scientific views, with inter-disciplinary aspects also involved. The scope of study includes the disputable issues of the legislative definition of the court judgement seen as the basis for the commencement of civil rights and obligations and also the analysis of methodological positions significant for the research. Purpose: while taking the theory of modificatory claims as what is recognized in the modern doctrine of civil procedural law, to investigate the right-establishing force of the court judgement defined by the legislator as a jural fact of civil law. Methods: the methodological framework of the research is based on the general scientific method of scientific cognition, which reflects the relationship between the doctrine and law enforcement, as well as methods of dialectics, analysis, synthesis, analogy, functional, interdisciplinary, and system approaches. Results: the article proposes a system of concepts with the court judgment in its civil law meaning of a jural fact of substantive law lying at the core. Based on this system, we can state that the relationship between such concepts as the ‘court judgement’ and the ‘jural fact of substantive law’ is to a greater extent speculative. It is not sufficient to explain a court judgement as the basis for the commencement of civil law relations only based on the theory of procedural law, which divides all claims into declarative and constitutive ones. We argue that the concept ‘court judgement’ in its substantive meaning has a dual civil law function: (1) in the meaning of its right-restorative function – as a result of the protection of a violated civil right, and (2) as one of the grounds for the establishment of civil rights and obligations resulting from a private person’s initiative and the court authority. The right of the court to deliver right-establishing judgements that become one of the legal regulation elements within civil law, is an exception to the general civil law rule implying the discretionary method of regulation, according to which the parties determine their rights and obligations by mutual agreement. Following the analysis of the doctrinal views on the concept of the court judgement in its substantive meaning, which many authors consider to be the one not corresponding to its broader procedural meaning, we justify the position that there are no obvious grounds for diagnosticating the alleged contradiction between substantive and procedural legislation in terms of the logical scope of the ‘court judgement’ concept. It is more important to see the real legal meaning of this concept in the civil law reality, which involves a combination of the substantive law significance of a court judgement for establishing civil rights and obligations and the public law essence of this act, which is manifested not in private actions of the interested persons themselves but in unilateral actions of the court as a public law subject. We also formulated some methodological positions that could serve as theoretical guidelines for further research into the problem of the court judgement as one of the jural facts of civil law.


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