Between Pachamama and Mother Earth: Gender, Political Ontology and the Rights of Nature in Contemporary Bolivia

2018 ◽  
Vol 118 (1) ◽  
pp. 25-40 ◽  
Author(s):  
Miriam Tola
Keyword(s):  
Human Subjects ◽  
Political Ontology ◽  
Legal Documents ◽  
Gender Binary ◽  
Paradoxical Effects ◽  
Rights Of Nature ◽  
Feminist Perspectives ◽  
The Subject ◽  
Political Speeches ◽  
Mother Earth

Focusing on contemporary Bolivia, this article examines promises and pitfalls of political and legal initiatives that have turned Pachamama into a subject of rights. The conferral of rights on the indigenous earth being had the potential to unsettle the Western ontological distinction between active human subjects who engage in politics and passive natural resources. This essay, however, highlights some paradoxical effects of the rights of nature in Bolivia, where Evo Morales’ model of development relies on the intensification of the export-oriented extractive economy. Through the analysis of a range of texts, including paintings, legal documents, political speeches and activist interventions, I consider the equivocation between the normatively gendered Mother Earth that the state recognises as the subject of rights, and the figure of Pachamama evoked by feminist and indigenous activists. Pachamama, I suggest, has been incorporated into the Bolivian state as a being whose generative capacities have been translated into a rigid gender binary. As a gendered subject of rights, Pachamama/Mother Earth is exposed to governmental strategies that ultimately increase its subordination to state power. The concluding remarks foreground the import of feminist perspectives in yielding insights concerning political ontological conflicts.

Ontological Model of Government Documents

2013 ◽  
Author(s):  
Tatiana Vashchilko
Keyword(s):  
Qualitative And Quantitative ◽  
Legal Documents ◽  
Government Documents ◽  
The Subject ◽  
Ontological Model ◽  
Investment Agreements ◽  
Extract Information

The paper develops an ontological model to extract information from government legal documents and facilitate the understanding of its content. In particular, international bilateral investment agreements between countries are the subject of analysis, which aims to quantify their semantic diversity. The paper argues it as an accurate approach to extract qualitative and quantitative information.Cette communication expose un modèle ontologique pour extraire de l’information à partir des documents juridiques du gouvernement et faciliter la compréhension du contenu. Plus particulièrement, les ententes internationales d’investissements bilatéraux entre pays ont fait l’objet d’une analyse, dans le but de quantifier la diversité sémantique. La communication conclut qu’il s’agit d’une approche exacte pour extraire de l’information qualitative et quantitative.

scholarly journals Introduction: Some ponderings on the use of the law in the writing of histories

2001 ◽  
Vol 16 (2) ◽  
pp. 169-175
Author(s):  
NIMROD HURVITZ ◽  
EDWARD FRAM
Keyword(s):  
Legal Doctrine ◽  
Legal Cases ◽  
Legal Documents ◽  
Historical Significance ◽  
Partial Reconstruction ◽  
The Social ◽  
The Hours ◽  
History Of ◽  
The Subject ◽  
The Law

Professional jurists are often inquisitive about the subject matter of their calling and in the course of their careers may well develop fascinating insights into the law and those who interpret it. Their employers, however, be they governments, corporations, firms, or private clients, rarely show similar enthusiasm for such insights unless the hours spent pondering the social or historical significance of this or that legal view have a contemporary value that justifies the lawyer's fee.Thankfully, other members of society are rewarded for mining the legal records of the past. For legal historians, the search often focuses on the changing legal ideas and how legal doctrine develops over time to meet the changing needs of societies. Yet because the law generally deals with concrete matters – again, because jurists are paid by people who are unlikely to remunerate those who simply while away their hours making up legal cases – it offers a reservoir of information that can be used, albeit with caution, in fields other than just the history of the law.A partial reconstruction of the law of any given time and place is among the more obvious historical uses of legal documents but statutes, practical decisions, and even theoretical texts can be used to advance other forms of the historical endeavour. Legal works often reflect the values both of jurists and society-at-large, for while the law creates social values it is not immune to changes in these very values.

scholarly journals Differentiation of the concept of legal aid

1970 ◽  
pp. 98-102
Author(s):  
Oksana Krushnitska
Keyword(s):  
Legal Assistance ◽  
Legal Aid ◽  
Legal Decisions ◽  
Legal Advice ◽  
Legal Documents ◽  
Basic Law ◽  
Evidence Analysis ◽  
The Subject ◽  
The One ◽  
The Relationship

This article discusses the relationship between legal, legal aid and legal assistance. The lack of a clear distinction between the term "legal assistence" and the terms "legal aid" and "legal" has led, in our observations, to the conclusions of individual authors and entire institutions that Ukraine's law enshrines in fact a triple system legal aid. Studies have shown that the legislator distinguishes between "legal aid" and "legal" (or legal) assistance, depending on the subject of assistance. Positive trends in the replacement of legal aid terminology with professional legal aid have been identified and shown. At he article notes that the development and establishment of independent professional legal assistance continues in the future. A large number of reforms and changes, especially at the constitutional level, on the one hand, contribute to improving and improving the development of the institution of professional legal assistance, and on the other hand, there are many contradictions and inconsistencies in this regard, because the introduction of new terms is always a supporter for its introduction and against it. Legal aid is the most successful term and should be interpreted as a multidimensional legal practice aimed at ensuring the rule of law and the realization of the rights of each person who enters into a specific legal relationship, the content of which is the implementation of legally defined means, including legal advice and clarification of the rights and procedures for their implementation, assistance in the preparation and filing of applications, petitions, complaints and other legal documents, initiation and participation in procedural actions and proper recording of their course and results, assessment of the adherence, validity and admissibility of evidence, analysis of the legality of legal decisions, taking measures to remedy infringed cases. to, damages caused offense. It also includes some of the problems that need to be addressed by further consolidating professional legal assistance in other regulations to ensure their compliance with the Basic Law of Ukraine.

scholarly journals Comparative Analysis Research Methods of Political Discourse

Discourse ◽  
2021 ◽  
Vol 7 (3) ◽  
pp. 89-102
Author(s):  
Ya. Yu. Demkina
Keyword(s):  
Discourse Analysis ◽  
Critical Discourse Analysis ◽  
Political Discourse ◽  
Comparative Methods ◽  
Point Of View ◽  
Methods Of Analysis ◽  
The Subject ◽  
Political Speeches ◽  
Linguistic Methods ◽  
Relationship Of

Introduction. The article compares the methods of researching political discourse with special attention to linguistic methods, in particular, to discourse analysis and cognitive and rhetorical approaches. These methods are widely used to study political speeches, statements, texts. Increasingly, political discourse is seen as a social phenomenon, not only at the discursive but also on the cognitive and rhetorical levels. The object of this study is methods of analysis of political discourse allowing to study the position of a politician in the discursive sphere and to identify the character of his audience. The subject of the analysis are examples from Joe Biden's political speeches, seen as an instrument of influence, persuasion in the process of speaking to the electorate. The relevance of the work is determined by the need to develop arguments to choose a particular approach to political discourse, especially cognitive and rhetorical, as well as discourse analysis, which allow to reveal veiled meanings of political statements and consider the methods of persuasion of the electorate.Methodology and data sources. The subject of the analysis are examples of Joe Biden’s political speeches, seen as an instrument of influence, persuasion in the process of speaking to the electorate. To compare approaches the study of political discourse, descriptive and comparative methods are used, the effectiveness of different approaches and methods is illustrated by specific examples of linguistic interpretation of discursive features of publications and speeches, revealing the ambitions of the politician most fully. A method of quantitative counting is also used.Results and discussion. The use of descriptive and comparative methods makes it possible to compare different approaches to the study of political texts and speeches, to discuss the relationship of heterogeneous methods, to identify the most effective methods of studying discourse. The result of the article was the conclusions about the effectiveness of different approaches to the study of the language of politicians at discursive, cognitive and rhetorical levels. Comparison of methods of research of political discourse distinguishes discourse-analysis among other methods of analysis. The use of discourse analysis to study political discourse reveals the functions of discourse, for example, manipulative, selective and combined functions related to political goals. The use of critical discourse analysis allows you to identify these functions most fully.Conclusion. The study of political discourse can be carried out at different levels, but the discursive level compared to cognitive and rhetorical levels is the most effective from a linguistic point of view. Discourse analysis allows to explore political discourse at more qualitative different level than rhetorical and other linguistic methods of research. Discourse analysis is presented as a method of researching hidden meanings in politics in this article.

scholarly journals Podmiot w paradygmacie relacji ekosystemowej

2004 ◽  
Vol 2 (1) ◽  
pp. 305-316
Author(s):  
Krysytna Najder-Stefaniak
Keyword(s):  
Human Subjects ◽  
Ecological Paradigm ◽  
The Subject

The paper presents the notion of human subjects. The author emphasizes the fact, that the thinking in ecological paradigm demand of own notion of the subject so as to substantiate the notion of responsibility and creative possibility of man. Autor state that in thinking the metaphor of an ecosystem is indispensable the notion of subjectivity fits in with the nation of man.

scholarly journals Ethical implications of procedural or protocol adjustments to clinical research involving the participation of human subjects during the COVID-19 pandemic

2021 ◽  
Vol 11 (3-4) ◽  
pp. 181-195
Author(s):  
Anetta Jedličková
Keyword(s):  
Clinical Trials ◽  
Clinical Research ◽  
Human Subjects ◽  
Subject Matter Experts ◽  
Ethical Challenges ◽  
Wide Audience ◽  
Ethical Implications ◽  
The Subject ◽  
Research Professionals ◽  
Trial Participants

Abstract The current coronavirus disease 2019 (COVID-19) pandemic has led to essential adjustments in clinical research involving human subjects. The pandemic is substantially affecting most procedures of ongoing, as well as new clinical trials related to diseases other than COVID-19. Procedural changes and study protocol modifications may significantly impact ethically salient fundamentals, such as the risk-benefit profile and safety of clinical trial participants, which raise key ethical challenges the subject-matter experts must face. This article aims to acquaint a wide audience of clinical research professionals, ethicists, as well as the general public interested in this topic with the legal, ethical and practical considerations in the field of clinical trials during the COVID-19 pandemic and to support the clinical researchers and study sponsors to fulfil their responsibilities in conducting clinical trials in a professional way that does not conflict with any legal or ethical obligations.

The Proposed EU-regulation on Clinical Trials on Medicinal Products: An Unethical Proposal?

2013 ◽  
Vol 20 (4) ◽  
pp. 347-362 ◽  
Author(s):  
Jilles Heringa ◽  
Joseph Dute
Keyword(s):  
Clinical Trials ◽  
Human Subjects ◽  
The European Union ◽  
Medicinal Products ◽  
Member States ◽  
Legal Documents ◽  
Human Use ◽  
Proposed Regulation ◽  
High Level ◽  
Force Member

Abstract The Commission has proposed a regulation ‘on clinical trials on medicinal products for human use’ to introduce one regulatory framework for clinical trials in the European Union. This regulation should replace the current clinical trials directive (2001/20/EC). In this article we describe and critically review the main provisions of the proposed regulation. We assess the consequences for a sound authorisation procedure of clinical trials and the level of protection for human subjects. We note that the proposed regulation is inconsistent with applicable international legal documents, such as the Biomedicine Convention and the Declaration of Helsinki. We conclude that the proposed regulation does not ensure a “high level of human health protection” — required by its legal basis in the TFEU — because it may force Member States concerned to accept a reporting Member States’ approval of — in their estimation — an unethical clinical trial.

Producing juridical knowledge: “Rights of Nature” or the naturalization of rights?

2018 ◽  
Vol 1 (1-2) ◽  
pp. 99-119 ◽  
Author(s):  
Ariel Rawson ◽  
Becky Mansfield
Keyword(s):  
Environmental Governance ◽  
Policy Network ◽  
Black Feminist ◽  
Global Consensus ◽  
Legal Personhood ◽  
Western Development ◽  
Rights Of Nature ◽  
Feminist Perspectives ◽  
Global North ◽  
Modes Of Existence

Rights of Nature, the idea of extending legal personhood to nature, is today’s most prominent alternative to mainstream environmental governance. Proponents describe Rights of Nature as a grassroots movement of diverse actors opposing commodification of life and anthropocentric dualism of western thought. In Rights of Nature, indigenous cosmologies validate holistic models of life to overcome dualities of nature and humans. We argue this move enacts a paradoxical dichotomy between the West and the rest and, in so doing, treats rights as existing outside western history. In this article, we push against the image of Rights of Nature as a global consensus converging on the inevitability of rights. Applying decolonial, black feminist perspectives on historical mobilizations of rights, we ask how rights for nature becomes rights as natural. We trace individuals, institutions, and ideas associated with Rights of Nature, conceptualized as a Transnational Policy Network. We find tight linkages among a small number of actors, mostly from the global North, who draw on western holism and jurisprudence to present nature’s rights as an indigenous and natural alternative to western development. Rights of Nature is not just connected to the same ideas of nature and law it rejects, but through these connections Rights of Nature universalizes colonial modes of existence as natural.

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