Religious Power, the State, Women's Rights, and Family Law

2015 ◽  
Vol 11 (03) ◽  
pp. 451-477 ◽  
Author(s):  
Mala Htun ◽  
S. Laurel Weldon

Family law is an essential dimension of women's citizenship in the modern state. The rights established in family law shape women's agency and autonomy; they also regulate access to basic resources—such as land, income, and education—that determine a citizen's ability to earn a living independently, among other life chances (Agarwal 1994; Deere and León 2001; Kabeer 1994; Okin 1989; World Bank 2012). Yet family law is a notorious site of sex inequality, historically and in the present. Equal rights enjoyed by women in national constitutions are often contradicted by family and civil codes that subordinate women to the decisions of their husbands and fathers. In the early 21st century, family law in a significant number of countries discriminated against women, denying them the rights held by men and contributing to their disadvantaged social positions.

2004 ◽  
Vol 37 (2-3) ◽  
pp. 426-499 ◽  
Author(s):  
Elimelech Westreich

AbstractThe article examines the approach of leading rabbis toward levirate marriages following the establishment of the State of Israel. Chief Ashkenazi Rabbi Herzog supported the abolishment of levirate marriages and attempted to impose on all ethnic communities the Ashkenazi approach, which since the 13th century favoredchalitza. Chief Sephardic Rabbi Uziel supported rabbi Herzog although the levirate commandment takes precedence overchalitzain the Sephardic and oriental traditions and is practiced in these communities. In 1950, the two Chief Rabbis led a council of rabbis that enacted a regulation rejecting levirate marriages and favoringchalitza. Rabbi Uziel believed that two opposing traditions governing an issue as central as family law are not appropriate in a modern state. He perceived the levirate marriage, which binds women in matrimonial relations against their will, to be inconsistent with their status in the modern era. The strong roots of the Ashkenazi Halachic tradition, which has for many generations rejected levirate marriages, allowed him to demand that all ethnic groups adopt it. Rabbi Yossef and other oriental critics regard his actions as submissive to Ashkenazi tradition, a criticism I reject. Rabbi Yossef vigorously opposed the abolition of levirate marriages, and in a decision in 1951 he claimed that it was invalid. It was the beginning of his struggle against what he perceived as Ashkenazi dominance and Sephardic submission, demanding the restoration of the oriental and Sephardic traditions. In time, this became an explicit ideological-political stance under the mottoleachzir atara le'yoshna. I suggest that Rabbi Yossef endeavors to restore the golden age of the Bashi sages in Jerusalem, chief among them Rabbi Elyashar, at the twilight of the Ottoman period.


Author(s):  
Christoph Demmke

For a lengthy period, governments worldwide believed that civil servants should be linked to the authority of the state and could not be compared to employees in the private sector. This group of public employees were perceived as agents of the “Leviathan” (Hobbes), intended to uphold the rule of law and to implement government policies. In this conception, where the state was separated from society and citizens, it was inconceivable that civil servants could be compared to other employees. Towards the end of the 20th century, in almost all countries worldwide, reform measures have encouraged the change, deconstruction and decentralization of the civil service on all fronts. In the meantime, there are now as many different categories of public employees as there are different public functions, organizations, and tasks. Overall, the number of civil servants has decreased and some countries have abolished traditional civil service features. Moreover, working conditions and working life have changed. Thus, whereas for a long time, civil servants were very different from the employees of private companies, this distinction is much less clear in the early 21st century. Such a situation had been unthinkable 10 years earlier. Consequently, the traditional concept of the civil service as a distinct employment group and status is slowly disappearing. In addition, current organizational reform trends have made public administration as such into a somewhat heterogeneous body. In the early 21st century, civil services have become more diverse, less hierarchical and standardized, more flexible, diverse, representative and less separated from the citizenry than they were traditionally. Whereas the term “bureaucracy” had represented clear values (hierarchy, formalism, standardization, rationality, obedience etc.), new reforms have brought with them new values, but also more conflicting ones, and value dilemmas. Whereas most governments still agree that human resource management (HRM) policies should continue to be based on rational principles such as the rule of law, equity, and equality, the increasing popularity of behavioral economics and behavioral ethics and the trend toward the delegation of responsibilities to employees through different concepts such as engagement, lifelong learning, and competency development, illustrate that current trends run counter to classical bureaucratic styles. Moreover, digitalization and flexibilization trends are changing work systems and leading to an individualization of HR practices by facilitating the monitoring and measuring of individual efforts and engagement practices. Thus, the problem with this description of administration in the 21st century is obvious. Whereas the terms “bureaucracy” or “civil service” can be defined and broken down into concrete definitions, this is much less the case with the new civil service systems and new administrative models. However, stereotypes around public organizations and civil servants continue to survive, even though they were shaped in a world that no longer exists. Even in the early 21st century, many people still have the perception that civil servants work in an environment that is clearly separated from the private sector. Also, most public-service motivation theories start from the assumption that civil servants are different because they are civil servants.


2014 ◽  
Vol 5 (1) ◽  
Author(s):  
Trevor Stace

This article examines the approaches that historians, beginning in the mid 20th century and into the early 21st century, used to write about the Winnipeg General Strike of 1919. It focuses on five major works: The Winnipeg General Strike by D.C. Masters; Confrontation at Winnipeg by David J. Bercuson; The Workers' Revolt in Canada, 1917-1925 edited by Craig Heron; and When the State Trembled: How A.J. Andrews and the Citizens' Committee Broke the Winnipeg General Strike by Tom Mitchell and Reinhold Kramer. It identifies where the monographs depart from one another in interpretation; as well as where they remain the same. Given the layers of complexity, the interpretation of the event becomes especially salient in the 21st century as its 100th anniversary steadfastly approaches and the question of how should it be publicly presented in 2019 requires an answer soon (which the paper also addresses)


2021 ◽  
Vol 3 (1) ◽  
pp. 50
Author(s):  
Grace Sharon

Based on the provisions in the 1945 Constitution article 1 paragraph 3 which states the State of Indonesia is a state based on law, it brings the consequence that every government action must always be based on the law. From another point of view related to the development of the 21st century, the State is often said to have developed into a modern state. Whereas the state's tasks, which were initially very limited, have become increasingly widespread. This is due to the increasing needs of modern humans and especially those related to the interests of life together. Regarding the social dynamics that occur in the community, licensing arrangements are needed. A license as a one-sided government action is a stipulation arising from the strategies and techniques used by the Government to control or control various conditions or activities carried out by the community. In other words, licensing is very much needed as an instrument of community guidance. However, the author limits the scope of research on licensing only to the nature of the authority of the permit, so that the author's research in this article is done through a literature review.


2016 ◽  
Vol 8 (3) ◽  
pp. 36-46
Author(s):  
Vitaly F Poznin

During the last fifteen years in the Russian documentaries dominated creative trend characterized by passionless, objectivist fixing of reality, mainly the negative sides of it. Today, the so-called actual cinema is under crisis, and that determines the relevance of the study summing up some of the processes that have taken place in the Russian documentary cinema in the late 20th-early 21st century. The author examines the causes of uprise and development of the objectivist, naturalistic approach to the fixing of reality and showing the negative aspects of it in Russian documentaries. The primary reason for this phenomenon is connected with the changes in the social system of the country, which has led to the loss of ethical and aesthetic guidelines. The critical perception of reality in a number of contemporary documentaries is the antithesis to the Soviet documentaries with its trend to show predominantly positive aspects of life. As for the rejection of contemporary realities, it can be explained by the desire of film directors to distance themselves from the glamorous approach in the interpretation of reality customary a contemporary TV. And finally, there was the purely practical reason, namely poor theatre and TV distribution that forced the filmmakers to focus on the festival jury and film critics supporting this orientation. Another problem of contemporary Russian documentary lies in the fact of the elimination of the state documentary studios that has led to a general fall of professionalism in this field. The availability of digital video which appeared at this time and easiness of shooting and editing technology allowed to create documentaries by those who could not tell an interesting documentary story. The result of this process is a decline of spectators interest towards documentaries. It can be predicted that the development of new forms of financing documentaries and promoting them to the viewer, will significantly change the aesthetic content of Russian documentary films and return the interest of the audience to this kind of cinema.


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