Mad culture

Author(s):  
Mohammed Abouelleil Rashed

This chapter examines the viability of the notion of “Mad culture” as an alternative to the formulation of madness as a disorder of the mind. The chapter addresses the following questions: What is culture? Can madness constitute a culture? What are the justifications for cultural rights? Do people have a right to their culture or to any culture? In the process of answering these questions, the chapter compares and contrasts Mad culture and Deaf culture. It also engages with Will Kymlicka’s theory of cultural rights as civil rights, which centers on the idea of culture as a “context of choice.”

1992 ◽  
Vol 26 (1) ◽  
pp. 23-39
Author(s):  
Eve Kornfeld

In the 1960s, in my home town of Jackson, the civil rights leader Medgar Evers was murdered one night in darkness, and I wrote a story that same night about the murderer (his identity then unknown) called ‘Where Is the Voice Coming From?’ But all that absorbed me, though it started as outrage, was the necessity I felt for entering into the mind and inside the skin of a character who could hardly have been more alien or repugnant to me. Trying for my utmost, I wrote it in the first person. I was wholly vaunting the prerogative of the short-story writer. It is always vaunting, of course, to imagine yourself inside another person, but it is what a story writer does in every piece of work; it is his first step, and his last too, I suppose.


Author(s):  
Edward J. Blum

Examining debates about the person, place, and meaning of Jesus Christ in African American social development, creative expression, political thought, civil rights activism, international visions, and economic plans, this article suggests that religious discussions have revealed robust democratic cultures. From the age of slavery to the era of Obama, religious discussions and political cultures have been intertwined. Spiritual debates have played a role in community formation; individualism and universalism have worked in tandem; and Jesus Christ—a provincial figure executed thousands of years ago—became essential to international and political visions. This article suggests that Jesus functioned historically in two prominent political ways for African Americans. First, he stood as a counterpoint to American racism that limited the social, legal, political, and cultural rights of African Americans. Second, he functioned as a focus of intraracial and interracial debate, dialogue, and dissension over the role of religion in black politics.


Author(s):  
Sutiani Choirunnisa

guarantee of protection and discrimination against women in Indonesia as contained in various international regulations including the Universal Declaration of Human Rights in 1948, then the International Covenant on Civil Rights. and Political Rights 1966, International Covenant on Economic, Social & Cultural Rights 1966, Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW, Convention on the Elimination of All Forms of Discrimination against Women) in 1979, the Vienna Declaration (1986), the Declaration on the Elimination of Violence Against Women in 1994, and the most monumental is the Beijing Declaration and Platform for Action (1995). The purpose of this study is to analyze the legal protection for women victims of sexual harassment through social media (cyberpron).


Lentera Hukum ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 230
Author(s):  
James Reinaldo Rumpia ◽  
H. S. Tisnanta

The regulation of economic, social and cultural rights is always intertwined with language. Language is significant in the written dimension of legal protection and the legal fulfillment of rights. The text of the law is a commitment to fulfilling rights. Understanding the structure of the text is necessary to predict and reach the needs, as well as to fulfill the rights. States must be able to recognize legal texts that are aligned and responsive. These legal texts must favor the fulfillment of the civil rights through language that reflects and transforms elements of the economic, social, and cultural rights (ie. freedom, availability, accessibility, and conformity). Yet, it is often that the language in the legal text formulated is inconsistent and uncertain. Language as a tool of transformation can also become a tool that shackles. This issue requires an understanding of intertextuality, with respect to the text of the law. One strategy is to highlight the elements in legal texts: principles, standards, and concepts to enforce values and legal goals. This effort is intended to understand the various factors and relationships that affect the accuracy of meaning, and subsequently reflect on the purpose of formulating that legal text. The discovered weakness of the text can thus be reconstructed in responsive, progressive and communicative spaces and structures. Keywords: Language, Law Text, Reflection, Transformation, Socio-Economic and Cultural Rights


Author(s):  
K. Zaika

The paper summarizes immigration policy models in Germany, France, the UK, the USA and Canada in response to the growing immigration flows since the second half of the XXth century. By contrast with “traditional” nation states of Western Europe, the USA and Canada have developed on the basis of the settler colonies having melted immigrants of various ethnic and cultural origins. The USA and Canada have been prioritizing immigration as a factor of their national development. Although public culture in these immigration states has been developing on some specific cultural patterns, American and Canadian societies have not generated the concepts and perceptions of an “ethno-cultural” core of the nation as such. One of the reasons for current integration issues in the West is the struggle of immigrants for their collective cultural rights in host societies. Differences in political culture between Western European states and immigration states (the USA and Canada in this case) determine the gap in the institutionalization of collective rights for immigrants and, correspondingly, specific character of integration issues. Transition to the pluralistic model of national integration in the USA and Canada is determined by the following factors. First, due to mass immigration, there emerged liberalization of immigration policies. Secondly, in the post-war period, political cultures in liberal democracies witnessed a pronounced republican tendency, due to the ideological influence generated in times of The African-American Civil Rights Movement.


1972 ◽  
Vol 121 (562) ◽  
pp. 293-297 ◽  
Author(s):  
R. G. Priest

The hopes and fears of many different sections of the population were pinned on the legislation that took effect on 27 April 1968. To some it represented the admission of civil rights long denied, to others it seemed an uneasy compromise. The implications of the new Act have been reviewed by Hordern (1971), but there is still much confusion in the mind of the man in the street (and particularly the woman in the street) about what the legal position now is. Many laymen are under the impression that one can now obtain abortion on demand, but they must be balanced against those cynics who feel that the situation has not been changed in effect from what obtained in earlier years. There is certainly a lot of misunderstanding about what may be regarded as 'social’ reasons for termination of pregnancy, and this extends to a common belief that the majority of terminations are carried out under this category.


Author(s):  
Дмитрий Жуков ◽  
Dmitriy Zhukov

The article is devoted to consideration of the concept of “cultural values”, the ambivalent interpretation in international legal acts and reception into laws of various states. Culture has always been and continues to be the most important line of activity of a state which is closely connected with the state of the spiritual sphere of the society’s life. The cultural rights form an independent section of rights and relate, in historic terms, to the so-called “second generation rights”, along with economic and social rights. Since the last half of the XX century, introducing of cultural rights into the category of constitutionally vested becomes one of the distinguished features of law making development in many countries of the world. The article aims to demonstrate development of the concept of “universal heritage of humanity” and its globalization in the modern international law. It has been observed in the article that, despite different attitudes to the concept of “cultural values”, the mentioned category acquires an attribute of “universal significance” for the world culture in general. The author also sets a target to disclose the concept of “rights for access to cultural values” through the example of reviewing laws of former CIS countries and a number of Western European countries. The article draws attention to the fact that regulatory acts of European countries do not contain direct provisions of rights for access to cultural values as a complex of legal institutions; however, a number of laws contain certain elements of this right. In his article the author also considers the provision of interdetermination of the right for access to cultural values with right of dignified life. The dialectic, systematic, legal comparative, normative and other methods of obtaining knowledge were taken as a methodological basis of this scientific work. On basis of the reviewed material, the author comes to a conclusion that the international law establishes universal human and civil rights and freedoms in scope of cultural rights and determines their content. Each state should not only provide details in national law but also ensure their practical realization in order to save and rationally use its cultural heritage.


1973 ◽  
Vol 67 (5) ◽  
pp. 217-221
Author(s):  
Lincoln Gordon

Our four speakers have discussed the concept of human rights with various degrees of refinement. They range from the broad goals of political democracy and equality Üirough Professor Trubek’s classification of economic, social, and cultural rights alongside of the classical political and civil rights, to Jorge Domínguez’ 32-cell sociological matrix, which goes so far as to estimate the quantity of “rectitude” in Cuba before and after the revolution. I admire Professor Domínguez’ metìiodologi-cal erFort, but would prefer not trying to push it that far. I also felt that Professor Trubek took too seriously the use of the word “rights” in constitutional and other formal documents when what is really meant is goals or aspirations. Many of the so-called economic and social rights are inherently unenforceable through any kind of systematic legal procedure. Like Franklin Roosevelt’s “four freedoms,’” equating them with juridically enforceable rights should be recognized as a kind of poetic or political license rather than a feature of the legal scenery. I am all in favor of stating social goals and aspirations, but it would be well to avoid confusion in the terminology.


Author(s):  
Bruno Aparecido PRETO ◽  
Marcos Vinícius Borges de SOUZA ◽  
Letícia Lourenço Sangaleto TERRON

O Pacto Internacional sobre Direitos Civis e Políticos e a Convenção Americana sobre Direitos Humanos, ambos tratados internacionais aos quais o Brasil aderiu, garantem à pessoa presa o direito de ser levada, sem demora, à autoridade judicial competente. Para garantir tal direito, surge o instituto da audiência de custódia, que teve início com a parceria entre o CNJ, o Ministério da Justiça e o Tribunal de Justiça do Estado de São Paulo. A discussão sobre a sua aplicação pauta-se pela falta de estrutura e de legislação, sendo esses os motivos que levam à resistência de parte das Instituições. Por outro lado, com os resultados satisfatórios nas capitais, o CNJ, através da resolução 213, determinou aos Tribunais a implantação da audiência de custódia em todas as comarcas. O objetivo do presente trabalho é estudar a audiência de custódia, conceituando-a e apresentando os resultados, vantagens e críticas envolvidas, tendo como metodologia a revisão bibliográfica da doutrina, das jurisprudências e artigos, sendo assim, foi utilizado o método dedutivo. De forma geral, conclui-se pela necessidade da implantação da audiência de custódia em todo o país, devendo o Poder Judiciário e Executivo estabelecerem formas alternativas para o seu cumprimento, de forma que o direito do preso não seja prejudicado.   CUSTODY HEARING AND THE CRIMINAL PROSECUTION IMPLEMENTATION ABSTRACT The International Covenant on Economic, Social and Cultural Rights, both international treaties in which Brazil joined, guarantee people who are arrested the right to be taken, without delay, to the competent judicial authority. The custody hearing arises in order to ensure such right, it has immerged from the association of CNJ Ministry of Justice, and the State of Supreme Court of São Paulo. By one hand discussion around its applicability is guided by the lack of structure and legislation, being those the reasons that convey opposition by Institutions. By the other hand, satisfactory results in Capitals, the CNJ, through the resolution 213, has determined to Courts the implementation of the custody hearing in all counties. This study is aimed at looking at custody hearing, describing and proving data results as well as advantages, and reviews regarded to it, the methodology used was the bibliographic review of the doctrine found at judgments and articles, therefore, the deductive method was used.  In general, we conclude that the implementation of hearing custody must be taken into account, Judiciary and Executive Branches might provide alternative ways to its compliance, in order to preserve the inmate’s rights. Keywords:  Custody hearing. Prison. American convenant - Human rights. International covenant - Political and Civil rights.


Legal Concept ◽  
2021 ◽  
pp. 110-115
Author(s):  
Maxim Sevostyanov

Introduction: cultural activities are important in the lives of people at all stages of human development without exception. At present, culture as the basis of the activity under consideration is the subject of research in many humanities and other sciences. However, this activity also has private law properties that are in many cases identical to the system elements of civil law. The purpose of the publication is to identify these properties that affect the legal nature of cultural activities. Methods: the research is based on the system method, civilized techniques and the methods of interpretation, the methods of analysis and synthesis, and the comparative legal method. Results: the paper substantiates the author’s view of cultural activity as a system of actions of the civil turnover participants aimed at creating, transforming, preserving, distributing and applying cultural values in the sphere of spiritual and material needs of a person. The studied activity is characterized by the subject elements of the civil law branch, which are manifested in the legal nature of the participants, the dynamics of ownership of the cultural objects, the contractual regulation of “cultural” relations, and the means of protecting cultural rights. Conclusions: in the course of the research, the author identifies the qualifying features of the cultural activity, united by the dynamics of cultural values in the context of improving the spiritual and material needs of people. The essence of civil law aspects inherent in cultural activities at the present stage of civil turnover development is determined and argued. The systemic nature of the fundamental, subject, object, real-law, contractual, intellectual, protective and other private-law aspects allows us to qualify cultural activities as a process of exercising civil rights.


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