scholarly journals Law and Refugee Crises

2019 ◽  
Vol 15 (1) ◽  
pp. 289-310 ◽  
Author(s):  
Silvia Pasquetti ◽  
Noemi Casati ◽  
Romola Sanyal
Keyword(s):  
Postcolonial Theory ◽  
Government Officials ◽  
Law And Politics ◽  
The People ◽  
Push Forward ◽  
The Law ◽  
State And Local ◽  
Laws And Policies ◽  
The One

Refugees have an increasing global significance, as their numbers continue to grow and the nature of displacement continues to evolve. Different international, state, and local laws and policies play a part in refugee crises. On the one hand, then, it is important to theorize the role of the law in shaping different formations of displacement; on the other, it is also crucial to address how the people involved in these crises (government officials, street-level bureaucrats, forced migrants, and receiving populations) engage with the law. We highlight and develop three areas of sociolegal inquiry that can push forward the study of the law and politics of refuge: ( a) the uneven geography shaping the global humanitarian machine; ( b) the local contexts within which such a machine operates, interacting with different actors’ conceptualizations of justice; and ( c) the distinct dilemmas that the urban environment poses to both refugees and humanitarians. Advancing these areas of sociolegal inquiry requires enriching established theoretical sources in refugee studies with both neglected ones, such as postcolonial theory and Pierre Bourdieu's sociology of forced displacement, and newer ones, such as Didier Fassin's anthropology of morality and pragmatic sociology of ordinary judgments of fairness.

scholarly journals Nationalist Mobilization, Ethno-Religious Contention, and Legal Innovation in a Stateless Nation: Explaining Catalonia’s 2009 “Law on Centers of Worship”

Religions ◽  
2021 ◽  
Vol 12 (5) ◽  
pp. 295
Author(s):  
Avi Astor
Keyword(s):  
Religious Diversity ◽  
The Other ◽  
Religious Minorities ◽  
Political Autonomy ◽  
Law And Politics ◽  
Legal Innovation ◽  
The Law ◽  
The One ◽  
Building Project

This article analyzes the development and framing of Catalonia’s “Law on Centers of Worship”, an innovative law dedicated exclusively to the regulation of religious temples that was passed by the regional parliament in 2009. The law was a legal novelty in Spain, as well as in Europe, where regulations pertaining to places of worship are typically folded into regional or municipal laws and ordinances dealing with zoning and construction. This analysis highlights how the law aimed not only to address the challenges generated by the proliferation of places of worship serving religious minorities, but also to legally reinforce and symbolically affirm Catalonia’s political autonomy and cultural distinctiveness vis-à-vis Spain. I place particular emphasis on how the temporal confluence of heightened nationalist mobilization, on the one hand, and tensions surrounding ethno-religious diversification, on the other, contributed to the development of a legal innovation that integrated the governance of religious diversity within the broader nation-building project. The findings illustrate the role of historical timing and conjunctural causality in shaping the dynamic nexus between religion, law, and politics.

The People as Law-Makers: Custom, Practice, and Public Opinion as Sources of Law in Africa and England

1977 ◽  
Vol 21 (1) ◽  
pp. 1-23 ◽  
Author(s):  
A. N. Allott
Keyword(s):  
Public Opinion ◽  
The Other ◽  
Black Africa ◽  
The People ◽  
The Law ◽  
The One ◽  
Literate Society ◽  
Law Making

This essay is an attempt to investigate, assess and compare the role of the “people” as makers of law in a variety of customary societies in black Africa on the one hand, and in England on the other. The studies that may have been made of this sort of question by lawyers, constitutional experts, sociologists, political scientists and the like have rarely, if ever, contrasted the law-making function of the people in the two types of society. Where such a contrast has been made, it has tended to be limited to the proposition that things are quite different in the two types of society. It will be one of the arguments of this essay that, although the procedures and mechanisms of the law may fundamentally differ if one compares a highly developed, industrialised, literate society such as England with a simpler subsistence pre-literate society such as anciently those of the Ashanti and the Sotho, yet in each society, whatever the forms in which power is exercised or however absolute the authority possessed by those in power, yet the people participate constantly and in a variety of ways in a continuing process of law-making. It will be the task of this paper to isolate, describe and compare those ways.

Utilitarianism and the Criminal Law in Colonial India: A Study of the Practical Limits of Utilitarian Jurisprudence

1994 ◽  
Vol 28 (4) ◽  
pp. 739-791 ◽  
Author(s):  
Kartik Kalyan Raman
Keyword(s):  
Criminal Justice ◽  
Legal Tradition ◽  
British India ◽  
Local Society ◽  
Colonial India ◽  
Penal Law ◽  
The Law ◽  
Common Observation ◽  
The One

The role of legal tradition in the reformist rhetoric of Benthamite Utilitarianism presents us with a contradiction. On the one hand, there is the common observation that Utilitarian jurisprudence was necessarily ahistorical and rejected the past as a source of concepts for reworking the criminal justice system existing in Britain during the late eighteenth and early nineteenth centuries. For philosophic reformers such as Bentham, contemporary British criminal justice was to be replaced by a scientific jurisprudence, abstract, universal, and secular in outlook, and antipathetic to the more conservative insistence that the foundations of the penal law continue to be tradition-based. ‘If society was to see any improvement, its law must be reformed; if its law was to be reformed it must be burned to the ground and rebuilt according to a new and rational pattern.’ On the other hand, we find that the very same Utilitarian thinkers, in works describing the state of the law in British India, were concerned with local rather than universal conceptions of criminality. In his 1782 Essay on the Influence of Time and Place in Matters of Legislation, Bentham, for instance, urged the philosophic reformer to temper change in India by fitting Utilitarian judgments about the law to the frames of local society.

scholarly journals MENYIKAPI GLOBALISASI HUKUM TANAH DENGAN KEARIFAN LOKAL

2019 ◽  
Vol 10 (2) ◽  
pp. 219
Author(s):  
Rina Rohayu H
Keyword(s):  
Secondary Data ◽  
Developed Countries ◽  
Land Law ◽  
Legal Intervention ◽  
The People ◽  
The Law ◽  
Globalization Of Law ◽  
The Republic ◽  
Customary Land

Land given to and owned by people with rights provided by the UUPA is to be used and utilized. The granting and possession of land with these rights will not be meaningful if its use is limited to land as the surface of the earth. The land also has a significant role in the dynamics of development. According to the 1945 Constitution of the Republic of Indonesia NRI,  "earth and water are natural resources contained therein controlled by the state and used for the greatest prosperity of the people." This research uses a normative juridical approach that is research based on the rules / according to the law because this research focused on the use of document studies and literature or secondary data. The research specification used is descriptive-analytic, which describes the law of the land in the era of globalization based on local wisdom. The results of the study illustrate that the role of the land ruling state, which used for the prosperity of the people, is regulated under Law No. 5 of 1960 concerning Basic Regulations on Agrarian Principles (UUPA).On the other hand, the globalization of law is nothing more than a legal intervention from developed countries towards developing countries in order to adjust their laws globally. One way to address the problem of globalization of land law is to reaffirm local wisdom. In other words, they are upholding the customary provisions related to land. Example: provisions of customary land. Customary land is communal land that is jointly owned and thus does not need to be certified.Keywords: globalization, land law, local wisdomABSTRAKTanah diberikan kepada dan dipunyai oleh orang dengan hak-hak yang disediakan oleh UUPA, adalah untuk digunakan dan dimanfaatkan. Diberikannya dan dipunyainya tanah dengan hak-hak tersebut tidak akan bermakna, jika penggunaannya terbatas hanya pada tanah sebagai permukaan bumi saja. Tanah juga mempunyai peranan yang besar dalam dinamika pembangunan. Undang-undang Dasar 1945 menjelaskan bahwa “Bumi dan air dan kekayaan alam yang terkandung didalamnya dikuasai oleh negara dan dipergunakan untuk sebesar-besar kemakmuran rakyat.” Penelitian ini menggunakan pendekatan yuridis normatif yaitu penelitian yang didasarkan kepada kaidah-kaidah/menurut hukum, oleh karena penelitian ini dititik-beratkan pada penggunaan studi dokumen dan bahan pustaka atau data sekunder. Spesifikasi penelitian yang digunakan adalah deskriptif analitis yang menggambarkan tentang hukum tanah di era globalisasi berdasarkan kearifan lokal. Hasil penelitian menggambarkan bahwa peran negara penguasa tanah yang digunakan untuk kemakmuran masyarakat diatur berdasarkan Undang-undang No. 5 tahun 1960 tentang Peraturan Dasar Pokok-Pokok Agraria (UUPA). Disisi lain, globalisasi hukum tak lebih sebagai intervensi hukum dari negara maju terhadap negara berkembang agar menyesuaikan hukumnya secara global. Salah satu cara menyikapi persoalan globalisasi hukum tanah ini adalah dengan menegaskan kembali kearifan lokal. Dengan kata lain, menegakkan kembali ketentuan-ketentuan adat terkait dengan tanah. Misalnya ketentuan tanah ulayat. Tanah ulayat merupakan tanah komunal milik bersama, dengan demikian tidak perlu disertifikatkan.

scholarly journals PENGUATAN PERAN APARATUR PEMERINTAHAN DESA DALAM MELAKSANAKAN TUGAS PEMERINTAHAN DESA DI KABUPATEN INDRAMAYU JAWA BARAT

2021 ◽  
Vol 3 (2) ◽  
Author(s):  
Rasji Rasji
Keyword(s):  
Central Government ◽  
Government Officials ◽  
Village Community ◽  
The People ◽  
The Republic ◽  
The Government ◽  
Village Government ◽  
The Village ◽  
Technical Guidance

Village government is the lowest level of government in the Government of the Republic of Indonesia. Its existence is very strategic for the implementation of programs of the central government, local government, and the wishes of the village community, so that the village government can help create a balance between the goals desired by the state and those desired by the people, namely the welfare of the people. For this reason, the role of village government officials is important to achieve the success of implementing village government tasks. In fact, there are still many village government officials who have not been able to carry out their duties and authorities properly and correctly. How are efforts to strengthen the role of village government officials so that they are able to carry out their duties and authority properly and correctly? One effort that can be done is to provide technical guidance to village government officials regarding village governance, the duties and authorities of village government officials, as well as the preparation of village regulations. Through this activity, it is hoped that the role of the village government apparatus in carrying out their duties and authorities will be strong, so that their duties and authorities can be carried out properly and correctlyABSTRAK;Pemerintahan desa adalah tingkat pemerintahan terendah di dalam Pemerintahan Negara Republik Indonesia. Keberadaannya sangat strategis bagi penerapan program pemerintah pusat, pemerintah daerah, dan keinginan masyarakat desa, sehingga pemerintah desa dapat membantu terciptanya keseimbangan tujuan yang diinginkan oleh negara dan yang diinginkan oleh rakyat yaitu kesejahteraan rakyat. Untuk itu peran aparatur pemerintahan desa menjadi penting untuk mencapai keberhasilan pelaksanaan tugas pemerintahan desa. Pada kenyataannya masih banyak aparatur pemerintahan desa yang belum dapat melaksanakan tugas dan wewenangnya dengan baik dan benar. Bagaimana upaya menguatkan peran aparatur pemerintahan desa, agar mampu menjalankan tugas dan wewenangnya secara baik dan benar? Salah satu upaya yang dapat dilakukan adalah memberikan bimbingan teknis kepada aparatur pemerintahan desa mengenai pemerintahan desa, tugas dan wewenang aparatur pemerintah desa, maupun penyusunan peraturan desa. Melalui kegiatan ini diharapkan peran aparatur pemerintahan desa dalam melaksanakan tugas dan wewenangnya menjadi kuat, sehingga tugas dan wewenangnya dapat dilaksanakan dengan baik dan benar.

Reimagining the Nation-State: Indigenous Peoples and the Making of Plurinationalism in Latin America

2018 ◽  
Vol 31 (4) ◽  
pp. 773-792 ◽  
Author(s):  
ROGER MERINO
Keyword(s):  
Indigenous Peoples ◽  
State Transformation ◽  
Liberal State ◽  
Local Resources ◽  
The People ◽  
Indigenous Perspectives ◽  
Political Foundations ◽  
Political Differences ◽  
The One

AbstractIn the last two decades, the concept of plurinationalism has appeared in discussions about nationalism, statehood and multilevel governance, being formulated as a new state model that accommodates cultural diversity within the liberal state with the aim of solving nationalistic conflicts in countries marked by profound ethnic grievances, mainly in Europe. However, these discussions have paid less attention to the meaning of plurinationalism in ex-colonial contexts, particularly in recent experiences of state transformation in Bolivia and Ecuador, where the role of indigenous peoples in the plurinational project has been crucial. To fill this gap, this article explores the legal and political foundations, challenges and local and international dynamics in the building of the plurinational model in both countries. Under a critical engagement with Third World Approaches to International Law (TWAIL), this article argues that plurinationality from indigenous perspectives departs from multicultural liberal models associated with current European plurinational views, and addresses two challenges: a global political economy of resource extraction, and a racialized state structure working as a barrier to actual plurinational implementation. These limitations explain an intrinsic tension in the Bolivian and Ecuadorian experience: on the one hand, plurinational governments try to unify the people around the ‘national interest’ of developing extractive industries; and on the other hand, they attempt to recognize ethno-political differences that often challenge the transnational exploitation of local resources.

scholarly journals Translation as Facilitator of Social Movements in Late Qing China: A Skopos Theory Perspective

2019 ◽  
Vol 6 (1) ◽  
pp. 1
Author(s):  
Qing Liang Meng
Keyword(s):  
Social Movements ◽  
Social Changes ◽  
Government Officials ◽  
Cross Cultural Communication ◽  
Social Activists ◽  
The Qing Dynasty ◽  
Skopos Theory ◽  
Push Forward ◽  
History Of

Unlike the previous two translation waves in the history of China, the third translation wave beginning from LateQing period can be seen as a cross-cultural communication under confrontation and conflict between China andwestern powers. Missionaries and government officials from western powers, institutions affiliated to government,and social activists were actively engaged in various translation activities for their respective purposes by means ofcooperation, which had not only promoted western learning in China and facilitated Chinese social movements andreform, but finally brought the Qing Dynasty to an end in the Chinese Revolution of 1911. This paper aims toexplore the facilitating role of translation in social movements and reforms in China during the time of the Late QingDynasty from Skopos Theory Perspective, in order to show that translators as social activists can not only promoteintercultural communication, but also push forward social changes and help nation building. This translation wave ischaracterized by urgency, purposefulness and practicality, and played the role of enlightening people, spreadingwestern learning and facilitating revolution.  

A Social Media Manifesto

2014 ◽  
Vol 20 (1) ◽  
Author(s):  
Peter J. Pitts
Keyword(s):  
Social Media ◽  
Los Angeles ◽  
Public Good ◽  
Bottom Line ◽  
The Public ◽  
The People ◽  
Healthcare Marketing ◽  
The One ◽  
Hard Place

The role of marketing communications is to advance the bottom line and the public good – and not necessarily in that order. Giving back is an integral part of the New Normal. And there has never been a better tool to accomplish this mission than social media.But healthcare marketing –and particularly of the regulated variety --is between a rock and a hard place. On the one hand, marketers understand the importance and opportunity in social media. It’s where the people are. It’s where the action is. But then there are all those pesky regulatory concerns.As Walter O’Malley –the man who moved the Brooklyn Dodgers to Los Angeles once commented, “The future is just one damn thing after another.”

scholarly journals Politics and constitutional jurisgenesis: A cautionary note on political constitutionalism

2018 ◽  
Vol 7 (1) ◽  
pp. 75-111
Author(s):  
MING-SUNG KUO
Keyword(s):  
Popular Sovereignty ◽  
Constitutional Theory ◽  
Constitutional Politics ◽  
Constitutional Order ◽  
Law And Politics ◽  
The People ◽  
Robust Version ◽  
Judicial Supremacy ◽  
The Relationship

Abstract:This article aims to provide an alternative account of political constitutionalism by situating it in a broader process of constitutional politics than the traditional court vs parliament debate has suggested. Drawing upon Robert Cover’s distinction between the jurispathic and the jurisgenerative constitution, I argue that parliamentary decision-making is not necessarily more congenial to a jurisgenerative constitutional order than judicial review as political constitutionalists contend. I trace the jurispathic character of current scholarship on political constitutionalism to the presupposition of institutional sovereignty in a narrow understanding of constitutional politics, which its defenders share in common with the supporters of judicial supremacy. To move towards a robust version of non-court-centred jurisgenerative constitutionalism, which I call constitutional jurisgenesis, we need to rethink the place of politics in a constitutional order. From Cover’s idea of constitutionalnomosI take two further lessons for this new understanding of constitutional politics. First, constitutional theory should reconsider the role of institutional sovereignty in the relationship between law and politics in constitutional orders. Second, to engage the people in constitutional politics, we need to shift attention from the popular sovereignty-centred debate to constitutional narratives, which are oriented towardsnomos-building.

scholarly journals THE URGENCY OF FATWA IN THE LAW OF SHARIA ECONOMICS IN INDONESIA

2021 ◽  
Vol 20 (2) ◽  
pp. 201
Author(s):  
Elsy Renie
Keyword(s):  
Financial Institutions ◽  
Financial Services ◽  
Rapid Development ◽  
Economic Activities ◽  
Financial Products ◽  
The People ◽  
The Law

Fatwas of the National Sharia Council-Indonesian Ulama Council (DSN-MUI), in the field of sharia economics, has filled the legal vacuum related to the economic activities of the people. The increased of activity in the Mu'amalah area which is so fast requires a responsive fatwa. It can be seen from the rapid development of financial products for sharia financial institutions today. The legal strength of a fatwa is non-binding because it is not included in the constitution hierarchy in Indonesia which has caused debate for some people. But, several DSN-MUI fatwa have been transformed into part of national law, such as constitution No. 21 of 2008 concerning Banking, and some of which have also been absorbed into Bank Indonesia regulations, Syari'ah Financial Services Authority Regulation (OJK). This paper tries to analyze the role of fatwas in filling the legal vacuum in the development of the shari'ah economy in Indonesia and how the fatwas of the DSN-MUI can be transformed into national law. The author concludes that the role of DSN-MUI as the only institution that issued a fatwa related to the activities of shari'ah financial institutions in Indonesia is very important in the area of national legal politics.

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