Diversity and Ethnic Conflicts

2020 ◽  
pp. 225-308
Author(s):  
Mona Sue Weissmark
Keyword(s):  
Legal System ◽  
Belief Systems ◽  
Ethnic Identification ◽  
Public Order ◽  
Specific Method ◽  
Ethnic Conflicts ◽  
Children Of Holocaust Survivors ◽  
Hypothetical Reasoning ◽  
Moral Issues ◽  
Belief Perseverance

This chapter evaluates the cultural, psychological, and moral issues surrounding revenge, justice, and forgiveness. Revenge is conceptualized as symbolic behavior showing wrongdoers that insults will be met with reprisal. Viewed through Fritz Heider’s lens, revenge is also an effort to change the underlying belief-attitude of the wrongdoer, often through aggressive retribution predicated on indignation and sometimes hatred. The legal system has sought to efficiently preempt, neutralize, and dilute these emotions by permitting victims a measure of legitimate revenge under the aegis of public order. However, as ethnic conflicts show, the legal system cannot abolish the zeal for revenge. In ethnic strife, each side perceives itself as the legitimate victim, removing claims for justice out of the realm of right or wrong and framing them mainly as issues of ethnic identification. A case in point is the author’s 1992–1993 study of the children of Nazis and the children of Holocaust survivors. The conference findings showed that the views and feelings the participants inherited from their parents created a barrier to establishing equal moral relations. One potential antidote to this conundrum resides in Immanuel Kant’s mandate: sapere aude, dare to know. One specific method for persuading individuals to pursue this mandate and eliminate belief perseverance is through an exercise in hypothetical reasoning, which trains people to live with ambiguity and multiple truths, and to develop flexibility in their belief systems. Ultimately, however, the finest balm for suffering and injustice is compassion.

scholarly journals Stany nadzwyczajne stan wojenny, stan wyjątkowy, stan klęski żywiołowej w konstytucji Rzeczypospolitej Polskiej

2016 ◽  
Vol 106 ◽  
pp. 19-27
Author(s):  
Marcin Miemiec
Keyword(s):  
Crisis Management ◽  
Natural Disaster ◽  
Legal System ◽  
The State ◽  
Public Order ◽  
Martial Law ◽  
State Of Emergency ◽  
Emergency Situations ◽  
States Of Emergency ◽  
Democratic State

EXTRAORDINARY MEASURES MARTIAL LAW, STATE OF EMERGENCY, STATE OF NATURAL DISASTERThe Constitution regulates the organisation and functioning of the most important organs of the state, the rules governing the relations between the state and citizens, as well as basic rights, freedoms and duties of citizens. The Constitution allows for restriction of these laws only by legislation, and only when it is necessary in a democratic state for its security or for the protection of public order, environmental protection, health and public morality, for the rights and freedoms of others. It is unacceptable to violate the essence of freedoms and rights. The restrictions are subject to police laws’ regulations. When the police measures are insufficient, applicable are legislations on extraordinary measures: martial law, state of emergency, state of natural disaster. The Constitution defines the following rules for the implementation of these states: uniqueness, legality, proportionality, purpose, protection of the legal system basics, protection of the representative bodies. They are the directives of interpretation of other regulations of the discussed Chapter of the Constitution and the regulations of statutes on emergency situations. A kind of competition for legislation on states of emergency may be provisions of the Act on Crisis Management.

scholarly journals Religious and Ethnic Discrimination: Differential Implications for Social Support Engagement, Civic Involvement, and Political Consciousness

2014 ◽  
Vol 2 (1) ◽  
pp. 347-376 ◽  
Author(s):  
Renate Ysseldyk ◽  
Miki Talebi ◽  
Kimberly Matheson ◽  
Irene Bloemraad ◽  
Hymie Anisman
Keyword(s):  
Collective Action ◽  
Social Engagement ◽  
Belief Systems ◽  
Ethnic Discrimination ◽  
Ethnic Identification ◽  
Religious Discrimination ◽  
Political Consciousness ◽  
Civic Involvement ◽  
Political Responses ◽  
Action Taking

Social identity threats, depending on the content of the identity targeted, may evoke varying socio-political responses. In this regard, religious discrimination may be especially threatening, challenging both the social group and its belief system, thereby promoting more active collective responses. This research examined how religious and ethnic identification differentially evoked engagement with support resources (ingroup and spiritual), civic involvement (including individual and collective action-taking), and political participation (voting or political consciousness) following group-based threats. Study 1 drew from the CanadianEthnic Diversity Survey(N= 1806). Participants who reported religious discrimination demonstrated greater religious identification, ingroup social engagement, and civic involvement—comparable associations were absent for ethnic discrimination. Study 2 (N= 287) experimentally primed participants to make salient a specific incident of religious or ethnic discrimination. Although ethnic discrimination elicited greater ingroup support-seeking and political consciousness, religious discrimination was perceived as especially harmful and evoked more individual and collective action-taking. Further to this, religious high-identifiers’ responses were mediated by engagement with ingroup or spiritual support in both studies, whereas no mediated relations were evident for ethnic identification. Findings are discussed in terms of distinct socio-political responses to threats targeting identities that are grounded in religious belief systems.

scholarly journals El exequatur en los procesos de jurisdicción voluntaria: el orden público y el triunfo del interés superior del menor = Exequatur in voluntary jurisdiction proceedings: public order and the triumph of the best interests of the child

2019 ◽  
Vol 11 (1) ◽  
pp. 929
Author(s):  
Cayetana Santaolalla Montoya
Keyword(s):  
Legal System ◽  
Civil Code ◽  
La Niña ◽  
Parental Authority ◽  
Best Interests ◽  
Public Order ◽  
Judicial Cooperation ◽  
Republic Of Guinea ◽  
La Nina

Resumen: Exequatur de una sentencia de Conaky República de Guinea, en la que los padres renuncian a la patria potestad de su hija menor, con objeto de que, al reconocerla en España, sus tíos, que viven en España, ejerzan la tutela respecto a la niña que vive en Barcelona. En primera instancia, se deniega porque se estima contraria al ordenamiento jurídico español, que no reconoce la posibilidad de renunciar, por parte de los progenitores, a su patria potestad. Por su parte, la Audiencia provincial de Barcelona estima parcialmente el recurso y considera que debe reconocerse, por no considerarla contraria al orden público español. Tanto en primera instancia, como en apelación, no se reconoce la tutela, pero si la guardia con funciones tutelares a los tíos de la menor que viven en España.Palabras clave: Exequatur, denegación, orden público, patria potestad, tutela, guarda con funciones tutelares, art 44.4 Ley Cooperación Jurídica internacional, Ley Jurisdicción voluntaria, Código civil catalán.Abstract: Exequatur of a sentence of Conaky Republic of Guinea, where the parents renounce the parental authority of their daughter, so that, when it is recognized in Spain, her uncles, who live in Spain, exercise the guardianship over the girl who lives in Barcelona. In first instance, it is denied because it is considered contrary to the Spanish legal system that does not recognize the possibility of renouncing, on the part of the parents, their parental authority. For its part, the Provincial Court of Barcelona partially upheld the appeal and considers that it should be recognized as not being contrary to Spanish public order. Both in the first instance and in the appeal, the guardianship is not granted, but is recognized the guard with guardianship functions to the uncles of the minor who live in Spain.Keywords: Exequatur, denial, public order, parental authority, guardianship, tutelary functions, art 44.4 Spanish Act on International judicial cooperation, Voluntary Jurisdiction Law, Catalan Civil Code.

Ethicization of constitutional public order in the European multicultural State

2019 ◽  
Author(s):  
Giovanni Cavaggion
Keyword(s):  
Legal System ◽  
Constitutional Law ◽  
Cultural Practices ◽  
Fundamental Rights ◽  
Public Order ◽  
Universal Definition ◽  
High Degree ◽  
Ways Of Life

Abstract The concept of ‘public order’, despite being common to almost every European legal system, is extremely difficult to grasp, as it suffers from a high degree of indeterminateness that makes it impossible to develop a universal definition. In constitutional law, public order traditionally serves as a limit to fundamental rights. The article argues that globalization and the advent of the multicultural State kickstarted a deep transformation in the meaning and scope of constitutional public order, with a growing tendency among European legislators and judiciaries to define it by resorting to extralegal concepts such as majoritarian ‘values’ and ‘ways of life’ to justify the ban of ‘unwanted’ minoritarian cultural practices (cases analysed include: face-veil; burqini; kirpan; swimming lessons). The article argues that constitutional public order should be re-anchored to a strictly legal dimension, preventing it from drifting towards the moral sphere (ethicization), which would enable a revival of assimilationist integration models.

Intersectionality, Forced Migration, and the Jus-generation of the Right to Flee

2021 ◽  
pp. 43-84
Author(s):  
Violeta Moreno-Lax
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Forced Migration ◽  
Public Order ◽  
Intersectionality Theory ◽  
Legal Provisions ◽  
European Public ◽  
Holistic Understanding ◽  
Substantive Justice ◽  
The Right

This chapter critiques the piecemeal approach of the Strasbourg Court to the question of access to asylum, showing how intersectionality theory can facilitate a principled shift towards an analysis that captures the complexity of refugees’ position and recovers the indivisibility of human rights. The theory calls for the multi-dimensional appreciation of human experience in a way that encompasses the whole breadth of lived realities. A similar approach is advocated herein to the construal of the law so that intersectional thinking guides not only the appraisal of factual constellations, but also the interpretation of applicable norms. Only a whole-of-person approach matched by a whole-of-legal-system interpretation can realise substantive justice in practice. This requires a holistic understanding that penetrates the full depth of individual situations and incorporates all the relevant legal provisions in cumulative fashion, acknowledging the jus-generative effects of their interaction, overcoming the limitations of current constructions of rights as disconnected from each other and from the circumstances to which they apply. In the asylum-seeking context, the outcome of the intersection between the right to leave and the right to protection against ill-treatment is the composite ‘right to leave to escape ill-treatment’ or ‘right to flee’, based on the interactive combination of existing entitlements (without the need for new law). The purchase of this method is wider than this chapter has scope to demonstrate. It can be applied to the ECHR as a whole, promoting internal consistency and supporting its development as a constitutional instrument of European public order.

Sexualized Laws, Criminalized Bodies

2017 ◽  
Author(s):  
Saheed Aderinto
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Sex Work ◽  
Legal System ◽  
Justice System ◽  
Public Order ◽  
Law And Order ◽  
Legal Regime ◽  
Child Prostitution ◽  
The Social

This chapter discusses how the criminal justice system assumed a prime position in the policing of prostitution. By differentiating between adult and child prostitution laws, the legal system played a significant role in molding public and official perceptions toward the identity of adult and underage practitioners of prostitution and the perceived menace each type of prostitution allegedly posed. Moreover, unlike the social interpretation of sex work, the new legal regime from the early 1940s institutionalized the criminalization of transactional sex as a component of social and public order. As such, prostitution became a component of the colonial state's maintenance of law and order, which was cardinal to the effective exploitation of the colonies.

Any Excuse for Certainty: English Perspectives on the Defence of ‘Reasonable Excuse’

2010 ◽  
Vol 74 (5) ◽  
pp. 472-486 ◽  
Author(s):  
Christopher J. Newman ◽  
Ben Middleton
Keyword(s):  
Legal System ◽  
Public Order ◽  
Clear Understanding ◽  
Legislative Action ◽  
English Law ◽  
The Uk

This article examines the operation of the defence of reasonable excuse within the English legal system through the prism of two distinct offences—Terrorism Act 2000, s. 58 and Public Order Act 1986, s. 5. It is contended that legislative ambiguity in the drafting of these provisions has given the English judiciary excessive latitude in determining the scope of this defence, which has led to dangerous uncertainty in this area. The discussion draws upon recent jurisprudence in order to establish areas of commonality and highlight areas of inconsistency in judicial application. The authors conclude that legislative action by the UK Parliament is required, otherwise there will continue to be no clear understanding as to what constitutes a reasonable excuse within English law.

scholarly journals On the concept of public order clause

2017 ◽  
Vol 5 (2) ◽  
pp. 171-179
Author(s):  
Эльмар Гафаров ◽  
Elmar Gafarov
Keyword(s):  
Research Methods ◽  
Russian Federation ◽  
Legal System ◽  
Judicial Review ◽  
Comparative Law ◽  
Historical Research ◽  
Public Order ◽  
Narrow Sense ◽  
The Russian Federation ◽  
Definition Of

In the article, based on comparative law, legal system law and historical research methods, discussed some urgent issues related to the theoretical and practical understanding of the reservation of public order. In particular, the article describes and summarizes the definition of public order, reservation of public order, which exists in the Russian and foreign doctrine, jurisprudence approaches of different legal systems, as well as the recent judicial and legislative practices of the Russian Federation. The conclusion is, even if the concept of of public order and the relevant reservation of public order provided in the legislation, the establishment of the real content and ability to apply these concepts are possible only in the case of law practice, in particular by way of judicial review. The reservation of public order in the court should be made with maximum caution and in the narrow sense.

scholarly journals Belief Perseverance

Psychology ◽  
2020 ◽  
Author(s):  
Corey L. Guenther ◽  
Abigail M. Smith
Keyword(s):  
Decision Making ◽  
Impression Formation ◽  
Belief Systems ◽  
Judgment And Decision Making ◽  
Sufficient Evidence ◽  
Social Psychological ◽  
Research Areas ◽  
Moderating Factors ◽  
Belief Perseverance ◽  
The Social

People’s proclivity to passionately cling to, and advocate for, beliefs or attitudes that exist in the absence of evidentiary support manifests in a range of life domains, including politics, sports, the workplace, social media, and relationships, among others. In fact, this propensity to develop, maintain, and unwaveringly cling to one’s beliefs in the absence of sufficient evidence is one of the most well-established tendencies in the social-psychological canon. It is a tendency that contributes to numerous psychological effects, including those involved in impression formation, comparative bias, attitude persuasion, intergroup perception, and social judgment, to name a few. And just as importantly, this tendency also has significant implications for judgment and decision-making in critical applied domains, including politics, jury deliberation, and medicine. The area of research that most directly illustrates this tendency is that on belief perseverance. Initially documented in the 1960s, belief perseverance refers to the tendency to maintain held beliefs even when the evidence supporting such beliefs is fully invalidated. It is the most extreme manifestation of espousing attitudes or belief systems in the absence of objective support—they are not merely beliefs based on evidence that is difficult to muster or verify, but rather, they are beliefs that persist despite their very evidential foundation being fully discredited as factually false. Since its initial conceptualization, research on belief perseverance has explored various mechanisms underlying the effect, moderating factors that influence the effect’s strength, and applied domains where belief perseverance has direct implications for judgment and decision-making. This bibliography explores the belief perseverance literature and is divided into six sections. General Overviews contains written works that provide a broad overview of the belief perseverance phenomenon. Seminal Demonstrations contains empirical articles considered to be seminal demonstrations of the belief perseverance effect. Explanatory Mechanisms includes studies that highlight key mechanisms driving belief perseverance, while Moderating Factors reviews boundary conditions that exacerbate or limit the strength of belief perseverance effects. Finally, Applied Investigations reviews articles exploring implications of belief perseverance in political, academic, judicial, and entertainment domains, while Related Perspectives discusses research areas closely related to, yet distinct from, belief perseverance in the social psychological literature.

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