Freedom of Speech and Religion

Author(s):  
Andrew Altman

Freedom of speech and religion are among the central values of modern constitutional democracies. Efforts to understand what these freedoms mean and why they are important, and to translate them into enduring institutional arrangements, constitute a major part of the history of such democracies. As the twenty-first century begins, the political and theoretical debates over these values are not the same as they were in the past. Although centuries of philosophical controversy and institutional experimentation have settled some issues, others have been raised, with some surprising twists. Constitutional democracies rest on the principle that all citizens are to be treated as free and equal persons under the law. The principle is the settled starting point for all reasonable debate about freedom of speech and religion, and it entails that the law must secure for each citizen an equal and extensive scheme of basic liberties, including the liberties of speech and religion.

2019 ◽  
Vol 18 (2) ◽  
pp. 354-369
Author(s):  
Stephen Skowronek ◽  
Karen Orren

Faith in the resilience of the US Constitution prompts many observers to discount evidence of a deepening crisis of governance in our day. A long history of success in navigating tough times and adapting to new circumstances instills confidence that the fundamentals of the system are sound and the institutions self-correcting. The aim of this article is to push assessments of this sort beyond the usual nod to great crises surmounted in the past and to identify institutional adaptation as a developmental problem worthy of study in its own right. To that end, we call attention to dynamics of adjustment that have played out over the long haul. Our historical-structural approach points to the “bounded resilience” of previous adaptations and to dynamics of reordering conditioned on the operation of other governance outside the Constitution’s formal written arrangements. We look to the successive overthrow of these other incongruous elements and to the serial incorporation of previously excluded groups to posit increasing stress on constitutional forms and greater reliance on principles for support of new institutional arrangements. Following these developments into the present, we find principles losing traction, now seemingly unable to foster new rules in support of agreeable governing arrangements. Our analysis generates a set of propositions about why the difficulties of our day might be different from those of the past in ways that bear directly on resilience and adaptability going forward.


HISTOREIN ◽  
2017 ◽  
Vol 16 (1-2) ◽  
pp. 8
Author(s):  
Manos Avgeridis

The article examines aspects of the long history of a major field of public debate in the second half of the twentieth century, that of the Greek 1940s, taking as its starting point the recent “history war” in Greece. It attempts to trace histories and memories from the immediate postwar years and to place them within a broader process: the historisation of the Second World War in Europe. In that context, the article begins by exploring one part of the initial efforts to form a European history of the resistance, from the perspective of the Greek case. Then, the focus is transferred to Greece, and to the mapping of a constellation of different memory and history communities, and the practices of history of the same period: the activities of veteran partisans and eye-witnesses with regard to their contribution to the formation of the first narratives on the war is a core issue at this level. Last, by following the developments in the academy and the politics of history during the Metapolitefsi, the focus returns to the current discussion, attempting a first approach to the subject through the strings that connect it with the past and, at the same time, as a debate of the twenty-first century. 


2016 ◽  
Vol 11 (4) ◽  
pp. 307
Author(s):  
Diana Maksimiuk

The Year 1956 in Poland – Lawyers’ Discussions aboutbJustice, Public Prosecutors’ Offices and Criminal LawSummary The year 1956 was frequently described as a “breakthrough” in the postwar history of Poland and constituted the end of the Stalin’s epoch. The change of the political conditions which took place during that time, as well as accompanying freedom of speech, created unlimited opportunity to criticise that period. In deliberation of the state of Poland the debate about the issue of the justice has been also led. The law society which participated actively in those events was aimed mainly at restoring the rule of law and reconstructing the justice’s authority. Definitely, the most important matter under discussion was to deal with the past. Criticism and even self-critical opinions occured together with proposals concerning the future situation. Among so many solutions which have been presented by lawyers, the most noticeable was the tendency to bring the status of prewar law back. Although this returing was not achieved, in consequence of that debate the transformation which symbolised new age was introduced.


Author(s):  
Nurit Yaari

This chapter examines the lack of continuous tradition of the art of the theatre in the history of Jewish culture. Theatre as art and institution was forbidden for Jews during most of their history, and although there were plays written in different times and places during the past centuries, no tradition of theatre evolved in Jewish culture until the middle of the nineteenth century. In view of this absence, the author discusses the genesis of Jewish theatre in Eastern Europe and in Eretz-Yisrael (The Land of Israel) since the late nineteenth century, encouraged by the Jewish Enlightenment movement, the emergence of Jewish nationalism, and the rebirth of Hebrew as a language of everyday life. Finally, the chapter traces the development of parallel strands of theatre that preceded the Israeli theatre and shadowed the emergence of the political infrastructure of the future State of Israel.


Author(s):  
Umberto Laffi

Abstract The Principle of the Irretroactivity of the Law in the Roman Legal Experience in the Republican Age. Through an in-depth analysis of literary and legal sources (primarily Cicero) and of epigraphic evidence, the author demonstrates that the principle of the law’s non-retroactivity was known to, and applied by, the Romans since the Republican age. The political struggle favored on several occasions the violation of this principle by imposing an extraordinary criminal legislation, aimed at sanctioning past behaviors of adversaries. But, although with undeniable limits of effectiveness in the dynamic relationship with the retroactivity, the author acknowledges that at the end of the first century BC non-retroactivity appeared as the dominant principle, consolidated both in the field of the civil law as well as substantive criminal law.


Author(s):  
Daniela Caselli

This chapter traces a history of Dante’s reception in anglophone literature between the 1870s and the 1950s. It acknowledges his importance in Ezra Pound, T.S. Eliot, and James Joyce, but engages more closely with Samuel Beckett, Djuna Barnes, and Virginia Woolf. It shows that the modernist Dante that emerges from these authors’ work is both a formal and political one: recruited as an anti-authoritarian voice from the past and seen anew from feminist and queer perspectives, this is not a twenty-first century Dante forced against his will to virtue-signal, however; on the contrary, this is a Dante anachronistically familiar with key ‘vices’ of twentieth-century authors, readers and commentators. Focusing on sullenness, resistance, and fatigue, the chapter argues for a new understanding of modernist experiments with Dante’s political and formal complexity that refuse to use him as a ‘code or a weapon […] to crush someone’, as Dorothy Richardson put it.


Author(s):  
John B. Nann ◽  
Morris L. Cohen

This introductory chapter provides an overview of legal history research. An attorney might conduct legal history research if the law at question in a legal dispute is very old: the U.S. Constitution and the Bill of Rights are well over two hundred years old. Historical research also comes into play when the question at issue is what the law was at a certain time in the past. Ultimately, law plays an important part in the political and social history of the United States. As such, researchers interested in almost every aspect of American life will have occasion to use legal materials. The chapter then describes the U.S. legal system and legal authority, and offers six points to consider in approaching a historical legal research project.


2020 ◽  
Vol 20 (3) ◽  
pp. 7-52
Author(s):  
Miroslav Tuđman

The author gives an overview of the history of National Security and the Future (NSF). The first editorial board accepted a clear vision and mission of the NSF. That is why the NSF had to react to the political circumstances in which the journal has operated for 20 years. In the first period, international circumstances and the policy of detuđmanization directly influenced the choice of topics and papers published in the journal. For the past five years, the NSF has paid particular attention to the security of national and European critical infrastructure. A total of 257 texts were published on more than 8,000 pages and authored by 134 authors from 25 countries. The NSF has published studies on historical forgery, information operations, production of "fake news" and contributions to the theory and methodology of intelligence activities.


Aspasia ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 20-36
Author(s):  
Julie Hemment ◽  
Valentina Uspenskaya

In this forum, we reflect on the genesis and history of the Tver’ Center for Women’s History and Gender Studies—its inspiration and the qualities that have enabled it to flourish and survive the political changes of the last twenty years, as well as the unique project of women educating women it represents. Inspired by historical feminist forebears, it remains a hub of intergenerational connection, inspiring young women via exposure to lost histories of women’s struggle for emancipation during the prerevolutionary and socialist periods, as well as the recent postsocialist past. Using an ethnographic account of the center’s twentieth anniversary conference as a starting point, we discuss some of its most salient and distinguishing features, as well as the unique educational project it represents and undertakes: the center’s origins in exchange and mutual feminist enlightenment; its historical orientation (women educating [wo]men in emancipation history); and its commitment to the postsocialist feminist “East-West” exchange.


Author(s):  
Rafael Sanzio Araújo dos Anjos

The LDB (Lei de Diretrizes e Bases) of 1996 does not mention the Quilombolas Communities. We know that in some aspects the problems with the access to schools are similar to the problems faced in the riverine communities, in the rural zone, and in the indigenous population, for example. Both specified on the law. Which would be the followed orientation when we talk about quilombos?- It is important not to lose sight that exists in space and in the Brazilian population a large territory and people not part of the “Official Brazil”. In this context, we can insert the quilombolas populations, which were excluded secularly of the country and of the priority actions in the decision-making sector. Prejudice and exclusion mark the history of Africa in Brazil and the quilombos, which are considered “the past of Colonial Brazil”, had recently started to have attention of the State and one of them is in the Transitory Devices of the Federal Constituion of 1988. 


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