Aktuelle Entwicklungen im Weltanschauungsrecht

2019 ◽  

This groundbreaking volume on secular law in Germany brings together scholars on a variety of topics regarding the separation of the state and religion. It conducts in-depth legal analyses dealing with a wide range of recent cases in which the rule of law and the neutral role of the secular state were put at risk by religious politics. The book’s 21 essays cover topics such as human rights, the constitutional roots of the secular state, freedom of belief and non-belief, medically assisted suicide, sexual self-determination, abortion, genital mutilation, criminal prosecution in the Catholic Church’s sex abuse scandal, the collection of church taxes by the state based on baptisms of infants and minors, the collection of special church fees from atheists and Muslims by the state, church labour law, discrimination against members of the Church of the Flying Spaghetti Monster and Islamic veils in state schools. With contributions by editors and authors Dr. Gerhard Czermak | RiBGH Prof. Dr. Ralf Eschelbach | Dr. Carsten Frerk | Prof. Dr. Michael Hassemer | Johann-Albrecht Haupt | Prof. Dr. Rolf Dietrich Herzberg | Prof. Dr. Matthias Franz | Dr. Volker Korndörfer | Prof. Dr. Hartmut Kreß | Ingrid Matthäus-Maier | RA Dr. Till Müller-Heidelberg | Prof. Dr. Reinhard Merkel | RA Ludwig A. Minelli | Dr. Jacqueline Neumann | Prof. Dr. Dres. h.c. Ulfrid Neumann | Prof. Dr. Holm Putzke | RA Dr. Winfried Rath | StaatsMin a.D. Diplom-Jurist Rolf Schwanitz | Prof. Dr. Jörg Scheinfeld | Dr. Michael Schmidt-Salomon | Sarah Willenbacher

Author(s):  
Kevork Oskanian

Abstract This article contributes a securitisation-based, interpretive approach to state weakness. The long-dominant positivist approaches to the phenomenon have been extensively criticised for a wide range of deficiencies. Responding to Lemay-Hébert's suggestion of a ‘Durkheimian’, ideational-interpretive approach as a possible alternative, I base my conceptualisation on Migdal's view of state weakness as emerging from a ‘state-in-society's’ contested ‘strategies of survival’. I argue that several recent developments in Securitisation Theory enable it to capture this contested ‘collective knowledge’ on the state: a move away from state-centrism, the development of a contextualised ‘sociological’ version, linkages made between securitisation and legitimacy, and the acknowledgment of ‘securitisations’ as a contested Bourdieusian field. I introduce the concept of ‘securitisation gaps’ – divergences in the security discourses and practices of state and society – as a concept aimed at capturing this contested role of the state, operationalised along two logics (reactive/substitutive) – depending on whether they emerge from securitisations of the state action or inaction – and three intensities (latent, manifest, and violent), depending on the extent to which they involve challenges to state authority. The approach is briefly illustrated through the changing securitisation gaps in the Republic of Lebanon during the 2019–20 ‘October Uprising’.


2019 ◽  
Vol 52 (2) ◽  
pp. 403-422 ◽  
Author(s):  
Morgan Mouton ◽  
Gavin Shatkin

This article explores the evolving role of real estate developers in the wider metropolitan region of Manila, the Philippines. We argue that, given the relational nature of these actors, they are a relevant object of analysis for the formulation of “mid-level” theories that take into account both global, macroeconomic trends and local, history-dependent contingencies.  As we consider developers’ activities and interactions with a wide range of public and private actors, we retrace their gradual empowerment since the beginning of the postcolonial period. As a handful of powerful land-owning families created real estate development companies, urban production quickly became dominated by a strong oligarchy capable of steering urban development outside the realm of public decision-making. Philippine developers subsequently strengthened their capacity by stepping into infrastructure provision, seemingly expanding their autonomy further.  More recently, however, we argue that while the role of private sector actors in shaping urban and regional trajectories has scaled up, their activities have been tethered more strongly to a state-sponsored vision of change. Both by reorienting public–private partnerships (PPP) toward its regional plans, and by initiating new forms of public–private partnerships that give it more control, the state is attempting to harness the activity of developers. We characterize this shift as a move from the “privatization of planning” to the “planning of privatization” of urban space.


Author(s):  
Tobias Fischer ◽  
Niels-Uwe Bastian ◽  
David Blaschke ◽  
Mateusz Cierniak ◽  
Matthias Hempel ◽  
...  

AbstractIn this review article, we discuss selected developments regarding the role of the equation of state in simulations of core-collapse supernovae. There are no first-principle calculations of the state of matter under supernova conditions since a wide range of conditions is covered, in terms of density, temperature, and isospin asymmetry. Instead, model equation of state are commonly employed in supernova studies. These can be divided into regimes with intrinsically different degrees of freedom: heavy nuclei at low temperatures, inhomogeneous nuclear matter where light and heavy nuclei coexist together with unbound nucleons, and the transition to homogeneous matter at high densities and temperatures. In this article, we discuss each of these phases with particular view on their role in supernova simulations.


2010 ◽  
Vol 74 (1) ◽  
pp. 31-52
Author(s):  
Ben Livings

There are few more controversial, or emotive, debates within the criminal law than that which surrounds the topic of euthanasia, questioning as it does the fundamental role of the law in regulating the most intimate aspects of a person's life and death. The acknowledgement by the courts (notably in the cases of Diane Pretty and Debbie Purdy) that this area engages a person's rights under the European Convention on Human Rights exacerbates the urgency of the problem, and further nuances the debate as to the extent to which the autonomy of the person is impinged upon, and whether this is a function legitimately exercised by the state. In the wake of the announcement of new guidelines for prosecution in cases of assisted suicide, this article examines the state of the law regarding assisted suicide in England and Wales, and the fragile position of euthanasia within the criminal law. It will look to the various, and often rights-based, challenges to the law, and in particular a potential challenge through Article 7 of the European Convention on Human Rights.


2015 ◽  
Vol 12 (2) ◽  
pp. 201-218
Author(s):  
Tiar Anwar Bachtiar

In History writing and teaching, objectivity can not always be realized considering the character of knowledge that created by man who always can not shy away from the “subjectivity” of a human being. Especially in the teaching of history in which every teaching must necessarily refer to the normative goals that have been set, either by the state, schools, or teachers themselves. This suggests that the normativity be the main reference in the teaching of history. Both the curriculum and the standards applied in each lesson course based on a value system that is believed by its formers respectively. The value system is what will form the miscellaneous curriculum or standards and distinguish between one to another. This study tried to view and evaluate whether the values of Islam as a religion has the largest adopted is represented well in teaching, especially in the teaching of history. Conclusions from this research that, viewed in general, the tradition of the teaching of history in Indonesia, especially in the teaching of general history, is not from Islamic traditions. Even if there are some content that do not conflict with the islamic values, its only a coincident. Especially when considering the tradition of historical writing in Indonesia intensively started from the colonial-orientalist tradition that put Islam and Muslims as their main enemy. In many cases, it is found effort to omit the role of Islam and muslim in Indonesian history, and also the historical facts about the role of Muslims that is still not seated proportionally.


Author(s):  
Carolyn Routledge

Since Flinders Petrie, the importance of Western Asia to the history and development of culture in ancient Egypt has been recognized by scholars and has also been a significant driver in shaping Egyptological methodology and theoretical approaches. The study of relations between Western Asia and Egypt encompasses a wide range of specialisms given the broad range of evidence, the geographical breadth, and the academic disciplines involved. This chapter reviews the history of the study of relations between Western Asia and Egypt pointing to a selection of challenges scholars face in undertaking their research, and examines two case studies: theories concerning the role of Western Asia in the rise of the state, and the assessment of Egypt’s New Kingdom Empire in Canaan to illustrate the ways in which scholarly challenges are met and the resulting historical conclusions.


2020 ◽  
Vol 17 (1) ◽  
pp. 206-232
Author(s):  
Petra Herzfeld Olsson

Labour migrants shall according to the ILO and UN conventions on labour migration be provided with equal treatment with local workers with regard to working conditions including pay. Factors like migration law (creating dependence on employers and fears of expulsion) and limited access to justice, challenge the enforcement of the equal treatment principle. The social dumping argument has been raised by actors arguing for the closure of borders. However, labour migration is a feature of contemporary labour markets and the future world of work. Instead of rising walls measures to overcome obstacles against equal treatment must be considered. Effective monitoring and enforcement are crucial in this respect. The explicit enforcement provisions in the ILO and UN conventions are quite vague. In this paper it will be analysed to what extent the monitoring bodies of the relevant ILO and UN conventions demand for effective monitoring and enforcement of the equal treatment principle in their comments to the state parties and what kind of measures they suggest that the state parties shall take to make the equal treatment principle a reality. The analysis reveals that the monitoring bodies apply a context based interpretation of the provisions in the conventions, suggesting a wide range of measures to overcome the obstacles mentioned. The division between migration law and labour law turns out to be of less importance than the ambition to make equal treatment a reality.


Women Rising ◽  
2020 ◽  
pp. 267-282
Author(s):  
Soumia Bardhan ◽  
Karen A. Foss

Through an unparalleled explosion of street art and graffiti campaigns during and after the January 25, 2011, revolution, many public spaces in Cairo, Egypt, became symbols of people’s revolt against the state. These spaces resemble open-air galleries showcasing street art on a wide range of social issues. These graffiti encourage women to resist societal pressures and daily humiliation, reclaim public spaces, and confront existing power and gender dynamics. These graffiti show Egyptian women performing agency as they create their own depiction of the role of women in post-Mubarak Cairo. In this essay, Soumia Bardhan and Karen A. Foss perform a rhetorical analysis of the female-centered graffiti displayed in Cairo’s public spaces in post-Mubarak Egypt. They analyze street art and graffiti by prominent graffiti artists, significant graffiti campaigns, and their own photographs of graffiti taken at the sites.


2009 ◽  
Vol 9 (3) ◽  
pp. 356-370 ◽  
Author(s):  
Jennifer Hayes Clark ◽  
Tracy Osborn ◽  
Jonathan Winburn ◽  
Gerald C. Wright

Roll-call data have become a staple of contemporary scholarship on legislative behavior. Recent methodological innovations in the analysis of roll-call data have produced a number of important theoretical insights, such as understanding the structure of congressional decisionmaking and the role of parties and ideology in Congress. Many of the methodological innovations and theoretical questions sparked by congressional scholarship have been difficult to test at the state level because of the lack of comprehensive data on various forms of state legislative behavior, including roll-call voting. The Representation in America's Legislatures project rectifies that problem through collection of comprehensive state legislative roll-call votes across all 99 state legislative chambers for the 1999–2000 and 2003–04 legislative sessions. In this article, we describe the data available through this project as well as our data acquisition procedures, including Stata and Perl programming and OCR of paper documents, with suggestions about how to use these methods to collect a wide range of state-level data.


Author(s):  
L.A. Kushinska

The article is devoted to the transformation of the religious character of the state into a secular type and factors of such evolution. The author's vision of secular state and the role of the university tradition of polemics and scientific discussions in its formation are presented.


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