The Dominant Culture View and the Women of the Wall

Author(s):  
Yuval Jobani ◽  
Nahshon Perez

This chapter analyses the dominant culture view (DCV), which argues that, in any given country, majorities can legitimately advance their religious traditions and shared cultural understandings through the acts of the government, so long as such shared understandings and traditions are effectively demonstrated and present, and their advancement by the state does not violate the rights of minority groups. The dominant culture view thus identifies the state with one denomination. The chapter critically considers the DCV approach as a whole and its applicability to thick sites in general and to the Women of the Wall case in particular. The examination focuses on three assumptions of the dominant culture view approach: the existence of shared understandings, a robust tradition rooted in the past, and respect for democratic standards.

1997 ◽  
Vol 10 (2) ◽  
pp. 343-361 ◽  
Author(s):  
Joseph Heath

Since the failure of the Meech Lake constitutional reforms and the crisis of national unity prompted by the most recent Quebec referendum, the Canadian Multiculturalism Act has been subjected to particularly intense and hostile scrutiny. While some of the criticism of this policy reflects merely parochial adherence to particular cultural or religious traditions, some of it has raised more significant doubts about the internal coherence, efficacy, and overall desirability of the policy. Most importantly, the multiculturalism policy is faulted for attempting to pursue two simultaneously unachievable goals, viz., to integrate ethnic minority groups into the dominant institutions of the society, while at the same time to protect them against various pressures to assimilate to the dominant culture. Critics have pointed out that social institutions and cultural values are interdependent. Not only do cultural value systems provide the central legitimations for social institutions, but the internalization of these values through socialization processes provides agents with their primary motivation for conforming to institutional expectations. This means that integrating an agent into a system of institutions can only be achieved by assimilating the agent to its underlying cultural system.


2020 ◽  
Vol 2 (1) ◽  
pp. 121-141
Author(s):  
Osama Sami AL-Nsour

The concept of citizenship is one of the pillars upon which the modern civil state was built. The concept of citizenship can be considered as the basic guarantee for both the government and individuals to clarify the relationship between them, since under this right individuals can acquire and apply their rights freely and also based on this right the state can regulate how society members perform the duties imposed on them, which will contributes to the development of the state and society .The term citizenship has been used in a wider perspective, itimplies the nationality of the State where the citizen obtains his civil, political, economic, social, cultural and religious rights and is free to exercise these rights in accordance with the Constitution of the State and the laws governing thereof and without prejudice to the interest. In return, he has an obligation to perform duties vis-à-vis the state so that the state can give him his rights that have been agreed and contracted.This paper seeks to explore firstly, the modern connotation of citizenship where it is based on the idea of rights and duties. Thus the modern ideal of citizenship is based on the relationship between the individual and the state. The Islamic civilization was spanned over fourteen centuries and there were certain laws and regulations governing the relationship between the citizens and the state, this research will try to discover the main differences between the classical concept of citizenship and the modern one, also this research will show us the results of this change in this concept . The research concludes that the new concept of citizenship is correct one and the one that can fit to our contemporary life and the past concept was appropriate for their time but the changes in the world force us to apply and to rethink again about this concept.


1958 ◽  
Vol 17 (1) ◽  
pp. 17-19 ◽  
Author(s):  
Sol Tax

Picture a piece of land on the Iowa River in Central Iowa. Some of it is bottomland that floods over. Some of it is wooded hillside. Some is useful for farming. For the past 100 years this has been the home of a growing community of American Indians who call themselves Mesquakies. They are commonly known as Fox Indians. After the Blackhawk War they were removed from Illinois and Iowa to Kansas. They defied the government, however, and in 1857 a few of them sought and received permission from the state of Iowa to buy 80 acres of land on which to settle. The 80 acres have grown to 3300. The population has grown to some 600 persons who think of this settlement as home even though many work and live in the towns and the cities of the white world—which in the meantime has surrounded their land and their lives.


2021 ◽  
Vol 31 (1) ◽  
pp. 127-142

The great plague of 1665-1666 is one of the starting points for the birth of biopolitics in its modern form. The quarantine measures introduced by the government have been considered effective from the medical point of view since the middle of the 18th century. However, many of those contemporary with the plague were convinced that the state was only worsening matters for London’s inhabitants. The author examines why the plague elicited such an ambivalent response in England and how the disease stopped being a composite object and turned into a “comfortable, domesticated” concept. The article investigates why the moral assessment of those measures has become so different over the past hundred years and shows how the quarantine in London influenced the “hygienic revolution.” Apart from its historical interest, this case is a suitable topic for the use of STS methodology because it illustrates the impossibility providing a complete description of the quarantine process and subsequent medical treatment in terms of a conflict between different actors. In order to understand why these measures have subsequently been perceived in this fashion, the author applies the concept of Lovecraftian horror, which offers a way to describe the situation of “collisions” with the plague. By describing how biopolitics released the moral tension built up by the co-existence of different interpretations of the causes of the epidemic, the author reconstructs the retrospective creation of the myth about the success of the quarantine. He contrasts the logic of “multiplicity” with the unifying descriptions and shows the kind of problems a “blurred” ontology can bring on during a crisis in everyday life. This leads to a discussion of the difficulty of holding onto unstable objects that have the potential for liberation from the logic of paternalistic care.


2012 ◽  
Vol 2 (4) ◽  
pp. 71
Author(s):  
Baakile Motshegwa ◽  
Keratilwe Bodilenyane

Botswana has in the past received accolades of being the most peaceful country in Southern Africa. Any disturbance of this peace is either shunned or seen as a departure from the norm. The advent of trade unions in Botswana has always been looked at with suspicion and they have been seen as militant, which is contrary to the peaceful existence the country has enjoyed regardless of the fact that it is surrounded by countries that have been to war at some point in their history. Therefore, the state has made it a point that any sign of unrest is severely dealt with by the government. Some employees were dismissed un-procedurally as disciplinary procedures were not followed and the court ruled in the employee’s favour in 2012. The majority of those dismissed were from the essential services sections of government even though at the beginning some were released through the strike rules agreement between government and unions. Laid down disciplinary rules and procedures of having a hearing were not followed. 


1988 ◽  
Vol 30 (3) ◽  
pp. 432-452 ◽  
Author(s):  
Mariko Asano-Tamanoi

Farmers used to grow, process, store, and merchandise food and fiber. Such “agriculture as an industry in and of itself or as a distinct phase of our economy,” however, has long become a legacy of the past (Davis and Goldberg 1957:1). Farmers today stand in relations of growing complexity with various “others” for the purpose of agricultural production, i.e. farm suppliers, banks, research centers, processors, storage operators, distributors, and the government. In other words, farmers work in the complex web of relationships created by all these individuals and institutions. In this context, “contract farming,” a topic of growing interest among social scientists, seems to epitomize, perhaps most clearly, such complex production relations maintained by many farmers today in various corners of the world.


2017 ◽  
Vol 5 (1) ◽  
pp. 21-39
Author(s):  
Yashomati Ghosh

India has been experiencing docket explosion and the problem of huge arrears of pending cases for the past seventy years. At present there are more than 22 million cases pending in various courts across the country. The large number of pending cases has crippled the efficient working of the judiciary and had adversely affected the right of the citizens to timely delivery of justice. In this paper a comprehensive analysis of the state of Indian judiciary has been made. The various factors which have attributed to docket explosion and arrears have been discussed by looking into various government and judicial reports, starting from the Arrears Committee Report of 1949 to the Supreme Court Report on Access to Justice (2016). The paper further discusses the challenges and impediments faced in dealing with the burdens of pendency and arrears, and analyses the recommendations of the various committee reports relating to judicial reforms. The article critically analyses the various procedural, legal and infrastructural reforms introduced in the recent past to bring about substantive judicial reforms, however these efforts have largely been piecemeal in nature. In addition the difference of perception between the judiciary and the government regarding the right solution has further aggravated the crisis. In this context the harmonious functioning of the three organs of the state and honest commitment of all the important stakeholders such as the Bar Council, the members of the legal profession and litigants holds the key to resolve the cyclic syndrome of delay, arrears and pendency.


2018 ◽  
Vol 15 (2) ◽  
pp. 393
Author(s):  
Susanto Polamolo

Indonesia pernah melalui masa sulit di rezim Orde Baru. Kala itu, segala sesuatu yang paralel dengan khususnya sejarah seputar perumusan dasar negara (Panca Sila), menjadi begitu sulit untuk diperoleh, apalagi untuk mengemukakan fakta yang sebenarnya. Penelusuran dokumen-dokumen sejarah begitu minim didukung pemerintah, dokumen-dokumen itupun tercecer di mana-mana, publik hanya diedukasi dengan pendidikan sejarah dari para sejarawan versi pemerintah saja. Bukan karena Orde Baru telah menjadi masa lalu, tetapi, karena apa yang disebut sebagai sumber-sumber primer perlu diperiksa kembali. Di antaranya seperti: Naskah UUD 1945, yang disusun M. Yamin; Risalah Sidang BPUPKI-PPKI yang disusun oleh Sekretariat Negara; Sejarah Nasional Indonesia Jilid VI, yang disusun oleh Nugroho Notosusanto (dkk); Piagam Jakarta, yang disusun oleh Endang Saifuddin Anshari; Sejarah Pemikiran Tentang Panca Sila, yang disusun oleh Pranarka. Sumber-sumber ini diam-diam diterima, dan diam-diam pula diakui bermasalah, atau diragukan keotentikannya. Persoalan tersebut semakin diperjelas dengan temuan sejumlah arsip oleh para sejarawan tata negara seperti A.B. Kusuma, di mana sebelumnya, “Panitia Lima” (1975) telah pula menegaskan bahwa sumber-sumber yang dipakai pemerintah tidak valid, di antaranya adalah naskah yang disusun M. Yamin. Maka, sejarah perumusan Panca Sila kadang berada di jalan bersimpang, simpang batas-tegas pertentangan tentang keotentikan sumber sejarah, menjadi tugas utama agar sumber-sumber tersebut diuji satu dengan lainnya (metode heuristik dan konklusi eksplanatoris). Agar mengerucut satu kesimpulan yang utuh dan sistematis mengenai sejarah perumusan dasar negara dan pemikiran-pemikiran yang dikemukakan di dalamnya menjadi satu kesatuan pemahaman atas kenyataan, dan agar menguatkan sendi-sendi konstitusionalitas kita hari ini yang mulai tercerabut dari akar sejarahnya, bagaikan “inang yang dipaksa berpisah dari induknya”.Indonesia had been through a difficult period in the “Orde Baru” regime. At that time, everything parallel with history especially around the basic principle of the state (Panca Sila) became so difficult to obtain, especially to express the facts. The tracking of historical documents was so poorly endorsed by the government. The documents were scattered everywhere. The public was only educated with historical education from only government version historians. Not because the “Orde Baru” has become the past, but, because the so-called primary sources need to be checked again. Among them are: Naskah UUD 1945, compiled by M. Yamin; Risalah Sidang BPUPKI-PPKI, prepared by State Secretariat; Sejarah Nasional Indonesia Jilid VI, compiled by Nugroho Notosusanto (et.al); Piagam Jakarta, prepared by Endang Saifuddin Anshari; Sejarah Pemikiran Tentang Panca Sila, prepared by Pranarka. The above sources are secretly accepted, and secretly admittedly problematic, or are doubted the authenticity. The issue was further clarified by the findings of archives by state historians such as A.B. Kusuma, in which before, the “Panitia Lima” (1975) had also asserted that the sources used by the government were invalid, one of them was the text compiled by M. Yamin. Thus, the history of Panca Sila sometimes in a stray way of disputes about the historical sources authenticity. That became the primary task for which resources were tested against each other (heuristic methods and explanatory conclusions). In order to conceal a whole and systematic conclusion about the history of the basic formulation of the state and the ideas expressed in it become a unity of understanding of reality, in order to strengthen the joints of our constitutionality today which begins to be uprooted from its historical roots, like “a host which is forced to apart from its main”.


2018 ◽  
Vol 1 (2) ◽  
pp. 49
Author(s):  
Hafidz Nugroho ◽  
Imelda Martinelli

Siri marriage is marriage opposed to the act of mating because it is not registered, usually siri marriage used by the husband to have more than one wife, basically nikah siri do not have the force of law and not guarantee the rights of a wife and child,  for that entreaty itsbat marriage to the religious court to help the parties husband and wife to get marriage certificate, so that it will have the force of law and guarantee the rights of a wife and chil, but the submission of itsbat nikah rejected by religious court by reason of the husband did not ask for permission wife in the past and the court, how did due to the law of renuncation itsbat nikah ?  the author examines these issues with normative juridical analysis. The data were drawn in the ruling writer analyzes that it is has no permit wife in the past and also the court, Resulting in refusal entreaty the itsbat marriage, Its impact is against marital status to be illegitimate in the state,  and the status of a child to be children outside of mating. The government should supervise and socialize about the  siri marriage and Due to everything that can be inflicted


2020 ◽  
Vol 1 (2) ◽  
pp. 139
Author(s):  
Ricky Tongam Marpahala Siahaan ◽  
Candra Perbawati ◽  
Ahmad Saleh

Protection of human rights is a responsibility that must be carried out by the state, in this case the state must also resolve cases of human rights violations that have occurred. There are many cases of human rights violations that occurred in the past but cannot be resolved because there are no legal rules that govern at that time. The presence of Law Number 26 of 2000 concerning the court of human rightss is certainly a way for the government to resolve the problem of gross human rights violations in the past. The principle of retroactivity was included in Law Number 26 of 2000 concerning the court of human rightss so that gross violations of human rights that occurred in the past could be resolved. The retroactive principle in Law Number 26 of 2000 concerning the court of human rightss is considered to violate existing regulations in Indonesia, especially it is considered contrary to the 1945 Constitution. -Law Number 26 of 2000 concerning the court of human rightss. This research uses normative research methods. The data used are secondary data in the form of primary legal materials, secondary legal materials, and tertiary legal materials. The results of this study indicate that the application of the retroactive principle in Law Number 26 of 2000 concerning the court of human rightss does not contain elements that are absolutely contradictory to the Law. 1945 foundation.


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