scholarly journals Otto Bauer: The idea of nation as a plural community and the question of territorial and non-territorial autonomy

2020 ◽  
Vol 31 (3) ◽  
pp. 287-300
Author(s):  
Ramón Máiz ◽  
María Pereira

This article presents a detailed analysis of the concept of nation in the work of Austro-Marxist Otto Bauer. In his view, the nation is conceived as an evolutionary process of political, open and plural construction. His work also unravels the connections of nation with a plurinational democratic state, which was at the time a novel political and institutional vision. The article argues that his work is very relevant today, with rising complexity of the new contexts of global society and the multiplication of migrations and refugees; and the need to respond through an accommodation of minorities through mechanisms of territorial and non-territorial autonomy. Much of these concerns form the substance of Otto Bauer?s work.

2019 ◽  
pp. 59-81
Author(s):  
Frederic Wehrey ◽  
Anouar Boukhars

This chapter explores the ebbs and flows of Salafi ideology and activity in Algeria and explains how such evolutionary process has been largely dependent on shifting opportunity structures and Salafis’ own interactions with the governing authorities. From the tortuous road to jihadi Salafism in the 1990s to the entrenchment of quietist Salafism in the new millennium, the chapter expounds a detailed analysis of the complex and thorny relationship between and among the different Salafi factions and how, during critical junctures, they have positioned themselves vis-à-vis each other and vis-à-vis the Algerian regime. The chapter also examines the many forces that contributed to the forceful re-emergence of Salafi ideology and activism as the locus of societal contention and controversy in the wake of the Arab uprisings.


Author(s):  
George Sarmento ◽  
Lean Antônio Ferreira de Araújo

A VULNERABILIDADE DO DIREITO À INTIMIDADE NO ESPAÇO DAS FERRAMENTAS TECNOLÓGICAS: MANDADOS CONSTITUCIONAIS DE PROTEÇÃO DO DIREITO FUNDAMENTAL À INTIMIDADE POR INTERMÉDIO DO DIREITO PENAL  THE VULNERABILITY OF THE RIGHT TO INTIMACY IN THE SPACE OF TECHNOLOGICAL INSTRUMENTS: CONSTITUCIONAL WARRANTS FOR PROTECTION OF THE FUNDAMENTAL RIGHT TO INTIMACY THROUGH CRIMINAL LAW  George Sarmento*Lean Araújo**  RESUMO: O direito à intimidade integra o catálogo dos direitos fundamentais de proteção descrito no art. 5º, X, da Carta Constitucional, cuja essência é limitar a ação invasiva do Estado e dos demais indivíduos. No processo evolutivo do Estado é de se destacar a contribuição de Hobbes na formulação do Estado como ente responsável pela preservação dos indivíduos. Este momento instituiu a ruptura do indivíduo como ser que se realiza no outro para o ser empreendedor de seu próprio plano de vida, mas submetidas as ações as regras de condutas. A partir desta concepção absolutista evoluiu-se para a formulação de um Estado com delimitação de tarefas por intermédio de Órgãos autônomos e independentes visando à concretude de direitos de proteção ou defesa, direitos prestacionais e direitos de participação. A existência desse Estado Democrático de Direito e Social, constituído a partir da vontade dos seus indivíduos, exige a proteção dos direitos instituídos, dentre eles, à intimidade, e, para tanto, a própria ordem constitucional fixa mandados constitucionais de criminalização, para excepcionalmente coibir os abusos operados no espaço físico e no espaço das ferramentas tecnológicas, em razão da vulnerabilidade existente. PALAVRAS-CHAVE: Direito à Intimidade. Ferramentas Tecnológicas. Vulnerabilidade. Proteção pelo Direito Penal. ABSTRACT: The right to intimacy integrates the catalog of privacy fundamental rights depicted in article 5 section X of the constitutional charter. Its essence is to limit the invasive action of the State and other individuals. Hobbes had an important role in State evolutionary process concerning the formulation of the State as responsible for individuals preservation. This moment established the rupture of the individual as a being that realizes itself on another, to an entrepreneur of its own life plan, but submitted to actions and rules of conduct. This absolutistic conception evolved to the formulation of a State with tasks bounded by autonomous and independent agencies aiming to concretize the protection or defense rights, benefit rights and social participation. The existence of this Democratic State and social rights established by the will of the individuals, demands the protection of the established rights, such as intimacy, and therefore the constitutional order itself provides criminal warrants to exceptionally restrain misconducts operated in the physical and technological  space, due to existing vulnerability. KEYWORDS: Right to Intimacy. Technological Tools. Vulnerability. Protection through Criminal Law. SUMÁRIO: Introdução 1 A Evolução do Estado no Pensamento Político. 2 A Unidade da Constituição. 3 A Classificação dos Direitos Fundamentais. 3.1 Os Direitos Fundamentais de Proteção. 3.2 Os Direitos Fundamentais Prestacionais. 3.3 Os Direitos Fundamentais de Participação. 4 O Agir Moral em Contexto. 5 O Espaço das Ferramentas Tecnológicas como meio de Ofensa ao Direito à Intimidade. 6 Mandados Constitucionais de Criminalização. 7 Alterações da Legislação Penal. Considerações Finais. Referências.* Pós-doutor pela Université Daix-Marseille, França. Doutor em Direito pela Universidade Federal de Pernambuco (UFPE). Professor do Mestrado do Programa de Pós-Graduação em Direito da Universidade Federal de Alagoas (PPGD/UFAL). Promotor de Justiça.** Acadêmico de Direito da Universidade Federal de Mato Grosso (UFMT). Pesquisador bolsista de Iniciação Científica da Universidade Federal do Mato Grosso do Sul (UFMT) e do Conselho Nacional de Desenvolvimento Científico e Tecnológico (CNPQ).


2019 ◽  
Vol 2 ◽  
pp. 69-83
Author(s):  
Tomasz Kamiński ◽  
Marcin Frenkel

Russian intervention in Donbas and annexation of Crimea have triggered a fundamental revision of the EU policy towards Easter neighbourhood and Russia. The main goal of this paper is to develop discussion about the EU strategy towards Russia by presenting political concept named “The Giedroyc doctrine”, created by Polish intellectuals on exile, when Poland was under Soviet domination. Although created a few decades ago, some elements of this doctrine are still surprisingly relevant today and may contribute to contemporary European debate. In particular, we argue that strengthening the prosperity, stability and security in Eastern Europe is possible only when Russia transforms itself into a prosperous and democratic state. Autocratic and neo-imperial Russia undermines any major pro-Western political changes in the region. Therefore, successful transformation of Russia into stable, prosperous and democratic state should be included into the long-term vision of European politicians who intend to keep Europe secure. All political activities in the Eastern neighbourhood should be subordinated to this. It means that economic support for Ukraine and strengthening cooperation with this country should not be a goal itself. Westernization of Ukraine ought to be perceived only as a beginning of political transformation of the whole region.


2009 ◽  
pp. 41-64
Author(s):  
Giuseppe Scidŕ

- The spatial mobility of tangible entities in a global society, The paper handles some tangible consequences of the mobiletic revolution, as a necessary but not exhaustive catalyst of the evolutionary process of globalization whose effects have deep repercussions on the social, economic and territorial organization of the social system both at a national and an international level. For the social scientists coining the formula "mobiletic revolution" by the middle of the Sixties, the overall results seem to be expressed by a new global society benefiting a sharp drop of space friction. Today, the related consequences of it find their evidence in the people, goods and information mobility, respectively through public and private networks, through the transport system and finally through the communication structure development. In turn, such changes produce a number of interactions and synergies caused by the growth of each of the three mobility carriers, which gradually brought the human beings to an ambiguous cultural adjustment as regards the new shaped space-time dimensions. Key words: mobiletic revolution, social change, social relations, mobility carriers.


2011 ◽  
Vol 44 (3) ◽  
pp. 449-497 ◽  
Author(s):  
Sharon Weintal

Since the concept of democracy made its premiere, popular sovereignty has always been one of its fundamental characteristics. Nevertheless, many democracies have adopted eternity clauses (non-amendable constitutional provisions) as well as the unconstitutional constitutional amendment doctrine (the judicial power to strike down amendments to the constitution on substantive grounds), seemingly betraying the established democratic tradition. Including eternity clauses in a constitution certainly poses a challenge to any democracy, namely that of resolving the tension between their freezing effect on the legal system and the democratic notion of popular sovereignty. The intuitive question is why bother? Why address this challenge in the first place rather than uprooting eternity clauses from the constitutional system altogether, thereby resolving the inner tension they generate? One answer is that eternity clauses are presumably here to stay. More to the point, however, is that their presence in a legal system is desirable, since their absence would leave a modern democracy vulnerable to irresponsible normative acts by an incompetent body of representatives. Although Israel's Basic Laws do not include formal eternity clauses, its legal system tends to limit the scope of amending power where the Zionist project is concerned, thereby freezing the imperfect founding formula of the Jewish state. As a result, Israel as a Jewish democratic state faces the same challenge of resolving the tension between the freezing effect and popular sovereignty. This article argues that this challenge can be successfully met as soon as eternity clauses are integrated within a three-track democracy—a holistic constitutional system and theory. As a constitutional system, it distinguishes between three decision-making tracks and identifies the basic norm of the legal system with a nation's collective will or dynamic founding narrative. As a constitutional theory, it justifies constitutionalism and judicial review mainly for the purpose of regulating a nation's evolution. Eternity clauses play a pivotal role in three-track democracies by blocking the first decision-making two tracks in order to force revolutionary movements to engage in the consensual third track. This protects society from a unilaterally-imposed revolution—an act liable to be detrimental to the delicate evolutionary process.


Author(s):  
Billy Irwin

Abstract Purpose: This article discusses impaired prosody production subsequent to traumatic brain injury (TBI). Prosody may affect naturalness and intelligibility of speech significantly, often for the long term, and TBI may result in a variety of impairments. Method: Intonation, rate, and stress production are discussed in terms of the perceptual, physiological, and acoustic characteristics associated with TBI. Results and Conclusions: All aspects of prosodic production are susceptible to the effects of damage resulting from TBI. There are commonly associated prosodic impairments; however, individual variations in specific aspects of prosody require detailed analysis.


2018 ◽  
pp. 131-141 ◽  
Author(s):  
A. N. Savrukov ◽  
N. T. Savrukov ◽  
E. A. Kozlovskaya

The article analyzes the current state and level of development of publicprivate partnership (PPP) projects in the subjects of the Russian Federation. The authors conclude that a significant proportion of projects is implemented on a concession basis at the municipal level in the communal sphere. A detailed analysis of the project data showed that the structure of the projects is deformed in favor of the central regions of the Russian Federation, and a significant share in the total amount of financing falls on the transport sector. At the stage of assessing the level of development by the subjects of the Russian Federation, criteria were proposed, and index and integral indicators were used, which ensured comparability of the estimates obtained. At the end of the analysis, the regions were ranked and clustered according to the level of PPP development, which allowed to reveal the number and structure of leaders and outsiders.


2012 ◽  
pp. 152-155
Author(s):  
A. Tulokhonov

The article gives an assessment of P. A. Stolypin's political, economic and social reforms, their significance for the contemporary development of Russia, including the eastern territories. The author believes that the basic principles of the reform system proposed by Stolypin are relevant today and can become fundamental for improving the country's competitiveness.


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