The ‘blue leviathan’

2016 ◽  
Vol 90 (4) ◽  
pp. 318-347
Author(s):  
Nikolaos Stamatakis
Keyword(s):  
Human Rights ◽  
Procedural Justice ◽  
Present Article ◽  
Quantitative Data ◽  
Buenos Aires ◽  
Metropolitan Region ◽  
Mutual Relationship ◽  
Police Violence ◽  
Negative Experiences ◽  
Institutional Legitimacy

There have been complaints against the Argentinian police for decades (CELS, 2013, 2015). The Argentinian police (either federal, national, prefectural or military) have been characterised as the ‘blue leviathan’ (Saín, 2008), being responsible for gross human rights violations and excessive violence committed against civilians. The present article focuses on youth, aiming to explore their perceptions regarding police violence and impunity based on past negative experiences in one of the most affected areas in the metropolitan region of Buenos Aires, the Mitre neighbourhood. The quantitative data gathered for this study furthers the discussion on institutional legitimacy and the mutual relationship between the development of confidence, obedience in law and procedural justice, in Argentina and beyond.

Entre o mestre e o discípulo nas Migalhas Filosóficas: a existência educadora em Kierkegaard

2018 ◽  
Vol 11 (1) ◽  
pp. 155-174
Author(s):  
Fransmar Costa Lima
Keyword(s):  
Present Article ◽  
Rio De Janeiro ◽  
Research Study ◽  
Buenos Aires ◽  
Soren Kierkegaard ◽  
Sao Paulo ◽  
São Paulo ◽  
Basic Point ◽  
The Individual

Resumo: O artigo que ora se apresenta é, na realidade, um pequeno ensaio que tem por finalidade indagar a importância da educação no pensamento de Søren Kierkegaard e investigar se, no âmbito da existência como possibilidade, uma educação voltada para a subjetividade se mostra efetiva diante dos debates acerca da liberdade e da singularidade do indivíduo. Pouco se debate sobre o conceito de educação em Kierkegaard, porém, acreditamos que se trata de um ponto basilar no pensamento do filósofo dinamarquês, conforme buscamos demonstrar, e deve ser objeto de maiores pesquisas, estudos e reflexões. Tomamos como referência para o início desse debate textos como as Migalhas Filosóficas e o Post-Scriptum, onde a subjetividade e a singularidade aparecem como conceitos fundamentais.Palavras-chave: Educação. Existência. Singularidade. Subjetividade. Kierkegaard. Abstract: The present article is, in fact, a small essay whose purpose is to investigate the importance of education in Søren Kierkegaard's thinking and to investigate whether, in the scope of existence as a possibility, an education focused on subjectivity is effective before the debates about the freedom and the singularity of the individual. There is little debate about the concept of education in Kierkegaard, but we believe that this is a basic point in the thinking of the Danish philosopher, as we seek to demonstrate, and should be the object of further research, study and reflection. We take as reference for the beginning of this debate texts such as the Philosophical Fragments and the Post-Scriptum, where subjectivity and singularity appear as fundamental concepts.Keywords: Education. Existence. Uniqueness. Subjectivity. Kierkegaard. REFERÊNCIASALMEIDA, J.M A alteridade na construção da ética de Kierkegaard e Lévinas. In:  Revista Controvérsia - Vol. 6, n° 1: 36-45 (jan-mai 2010), São Leopoldo: UNISINOS, 2010.KIERKEGAARD, Søren. Diario: 1847-1848, Vol. 4. 3ª ed. A cura di Cornelio Fabro. Brescia: Morcelliana, 1980. (D 4)._______. Opere. Sansoni Editore. Milano: 1993._______. Postilla Conclusiva no Scientifica alle Briciole di Filosofia. In: Opere. Tradução e organização de Cornélio Fabro. Sansoni Editore: Milano, 1993._______. As obras do amor: algumas considerações cristãs em forma de discurso. Tradução de Álvaro Valls. Petrópolis: Vozes, 2005._______. Três Discursos Edificantes de 1843. Tradução de Henri Nicolay Levinspuhl.  Publicação do Tradutor. Rio de Janeiro:  2000.KIERKEGAARD, Søren. Migalhas filosóficas ou um bocadinho de filosofia de João Climacus. Tradução de Álvaro Valls, e Ernani Reichmann. Petrópolis: Vozes, 2001._______. O conceito de Ironia: constantemente referido à Sócrates. Tradução de Álvaro Valls, e Ernani Reichmann. Vozes: Rio de Janeiro, 1997._______. Johannes Climacus ou É preciso duvidar de tudo. Tradução Silvia Saviano Sampaio e Álvaro Valls. Martins Fontes: São Paulo, 2003._______. Diário Íntimo. Tradução de Maria Angélica Bosco. Santiago Rueda: Buenos Aires, 1989MARTINS, J.S.; VALLS, A. L. M. (orgs.). Kierkegaard no nosso tempo. Nova Harmonia: São Leopoldo: 2010. 

Procedural fairness: Between human rights law and social psychology

2021 ◽  
pp. 092405192199274
Author(s):  
Cathérine Van de Graaf
Keyword(s):  
Human Rights ◽  
Procedural Justice ◽  
Well Being ◽  
Fair Trial ◽  
European Convention ◽  
Public Confidence ◽  
Social Psychological ◽  
Justice Research ◽  
The Right ◽  
The Impact

Fair procedures have long been a topic of great interest for human rights lawyers. Yet, few authors have drawn on research from other disciplines to enrich the discussion. Social psychological procedural justice research has demonstrated in various applications that, besides the final outcome, the manner in which one’s case is handled matters to people as well. Such research has shown the impact of procedural justice on individuals’ well-being, their acceptance of unfavourable decisions, perceptions of legitimacy and public confidence. The ECtHR has confirmed the desirability of these effects in its fair trial jurisprudence. Thus far, it remains unclear to what extent the guarantees offered by Article 6(1) of the European Convention on Human Rights (the right to a fair trial) coincide with the findings of empirical procedural justice research. This article aims to rectify this and uncover similarities between the two disciplines.

Evaluative devices as a narrative tool for enacting relational complexity

2014 ◽  
Vol 24 (1) ◽  
pp. 113-131 ◽  
Author(s):  
Svetlana Jović
Keyword(s):  
Present Article ◽  
Urban Youth ◽  
Cognitive Process ◽  
Psychological State ◽  
Cognitive Tool ◽  
Self Presentation ◽  
Negative Experiences ◽  
Affective Expressions ◽  
Relational Complexity

In the present article, I explore how urban youth use narrating for self-presentation as they relate to diverse contexts and audiences. Diverse narrative genres employed in this study were used as a socio-cognitive tool for looking into enactments of relational complexity — a skill of adjusting one’s communications to audiences and contexts. Thirteen adolescents were asked to narrate about the most important aspects of their lives, using two different genres and addressing two different audiences. I explored youth’s systematically varied use of psychological state expressions, as they navigated through different genres and audiences. As adolescents narrate either about the negative experiences or for the imagined peer audience, their narrating involves more cognitive than affective expressions. This indicates that systematic changes take place in narrating as a socio-cognitive process when there is a need for more intense work around issues, either to figure out what is happening, or to try to present oneself in the best light to salient others.

The European Convention on Human Rights and International Law

2007 ◽  
Vol 56 (2) ◽  
pp. 217-231 ◽  
Author(s):  
Luzius Wildhaber
Keyword(s):  
Human Rights ◽  
International Law ◽  
Comparative Law ◽  
Case Law ◽  
European Convention ◽  
Mutual Relationship ◽  
Public International Law ◽  
European Court ◽  
Special Character ◽  
British Institute

AbstractThis article is an expanded and footnoted version of the lectur given at the British Institute of International and Comparative Law on Tuesday 21 March 2006, entitled ‘International Law in the European Court of Human Rights’.The article begins with some comparative comments on the application of the European Convention on Human Rights in monistic and dualistic systems It then discusses in detail the European Court's case law which confirms that the Convention, despite its special character as a human rights treaty, is indeed part of public international law. It concludes that the Convention and international law find themselves in a kind of interactive mutual relationship. checking and buildine on each other.

Religious Pluralism and State- Centric Legal Spaces in Europe

2021 ◽  
Vol 18 (1) ◽  
pp. 33-54
Author(s):  
Kyriaki Topidi
Keyword(s):  
Human Rights ◽  
Present Article ◽  
Religious Pluralism ◽  
Legal Pluralism ◽  
Case Law ◽  
Legal Systems ◽  
European Court ◽  
Starting Point

Multiculturalism is continuously and relentlessly put to the test in the so- called West. The question as to whether religious or custom- based legal orders can or should be tolerated by liberal and democratic states is, however, by no means a new challenge. The present article uses as its starting point the case of religious legal pluralism in Greece, as exposed in recent European Court of Human Rights (ECtHR) case- law, in an attempt to explore the gaps and implications in the officially limited use of sharia in Western legal systems. More specifically, the discussion is linked to the findings of the ECtHR on the occasion of the recent Molla Sali v. Greece case to highlight and question how sharia has been evolving in the European legal landscape.

Unaccompanied migrant youth in the Nordic countries

2019 ◽  
pp. 235-256
Author(s):  
Hilde Lidén
Keyword(s):  
Human Rights ◽  
Quantitative Data ◽  
Nordic Countries ◽  
Best Interests ◽  
Court Cases ◽  
Unaccompanied Minors ◽  
Rights Of The Child ◽  
Migrant Youth ◽  
New Policies ◽  
Human Rights Standards

This chapter explores the ambiguities and changes in regulations concerning unaccompanied asylum-seeking minors within, as well across, the Nordic countries, with regard to the gap between restrictions, new policies and practices on one hand, and the human rights standards set out in the UN Convention on the Rights of the Child and in immigrant-related legislation on the other. The chapter focuses on Sweden, Denmark and Norway. The chapter draws on research combining studies on documents and legal analyses (human rights conventions, national laws, regulations and court cases); an analysis of quantitative data from immigration authorities to identify particular areas of concern; and qualitative research, including fieldwork and interviews with unaccompanied minors, staff in reception centres, legal guardians and immigration authorities. The chapter highlights the growth in the discourse and policy of stricter immigration regulations over the best interests of the child.

scholarly journals A needs analysis of curriculum design of the human rights, citizenship, democracy and child rights course for teacher candidates

2019 ◽  
Vol 9 (1) ◽  
pp. 105-144
Author(s):  
Hatice Leblebici ◽  
Banu Yücel Toy
Keyword(s):  
Human Rights ◽  
Primary School ◽  
Learning Outcomes ◽  
Curriculum Design ◽  
Teacher Candidates ◽  
Quantitative Data ◽  
Education Programme ◽  
Needs Analysis ◽  
Classroom Teaching ◽  
Child Rights

The overall aims of this study are to conduct a needs analysis of curriculum design of the “Human Rights, Citizenship and Democracy” course for the teacher candidates at the Department of Classroom Teaching and to propose a curriculum design. In this study, convergent parallel mixed methods design comprising both qualitative and quantitative data collection is used. In the qualitative aspect of the needs analysis, in-depth interviews with eight primary school teachers who taught or have been teaching the “Human Rights, Citizenship and Democracy” course in the fourth year of the primary school, three instructors from Department of Classroom Teaching at the Faculty of Education who are teaching a course with similar content and six teacher candidates registered at the 4th grade of the same department were counducted. Based on the interview results, a “Needs Analysis Questionnaire” was developed by the researchers and used for the quantitative dimension. The questionnaire is applied to 80 teacher candidates who are 3rd and 4th grade classroom teacher candidates in a a state university in Istanbul. Qualitative data were analyzed through the content analysis carried out by using NVivo11 analysis software. In the analysis of the quantitative data, a descriptive analysis was made by using SPSS.20 software package. According to results, It is seen that the teacher candidates are barely knowledgeable about the child rights; and that the teacher candidates appreciate the learning outcomes of the course design, and yet they consider themselves quite incompetent for these learning outcomes. Additionaly, the results demonstrated that an education programme on human rights, citizenship and democracy should be offered to the teacher candidates as a must course. In line with the results of the needs analysis, an education programme design model on human rights, citizenship, democracy and child rights is proposed.

scholarly journals El surgimiento de la megaurbanización Nordelta en la Región Metropolitana de Buenos Aires: consideraciones en torno a las nociones de ciudad-fragmento y comunidad purificada / The Emergence of the Nordelta Megaurbanization in the Metropolitan Region of Bu

2007 ◽  
Vol 22 (2) ◽  
pp. 363 ◽  
Author(s):  
María Florencia Girola
Keyword(s):  
Metropolitan Area ◽  
Buenos Aires ◽  
Metropolitan Region ◽  
Permanent Housing

En este artículo se focaliza uno de los procesos más generalizados y polémicos que se registran en las grandes ciudades contemporáneas: el desarrollo de conjuntos residenciales que cuentan con seguridad y que sirven de vivienda permanente a los sectores medios y altos de la población. Más concretamente, intentamos cuestionar y examinar –desde una perspectiva etnográfica– las visiones sobre estos conjuntos ancladas en torno a la categoría de fragmentación urbana, a partir del análisis de un ejemplo específico: la emergencia de grandes emprendimientos en la Región Área Metropolitana de Buenos Aires; en este caso se trata de una singular ciudad privada y periférica. AbstractThis article focuses on one of the most generalized, polemic processes recorded in major contemporary cities: the development of residential complexes with security that serve as permanent housing for the middle and upper classes of the population. More specifically, the author attempts to use an ethnographic perspective to question the views on these complexes placed within the category of urban fragmentation on the basis of the analysis of a specific example; the emergence of major developments in the Metropolitan Area of Buenos Aires; in this case, an unusual private, peripheral city.

scholarly journals THE GUARANTEE OF THE APPLICATION OF CAPITAL PUNISHMENT ON A PEACEFULL AND HARMONIOUS LIFE: PROOF FROM AROUND THE WORLD

2019 ◽  
Vol 4 (1) ◽  
pp. 56-66
Author(s):  
Tajul Arifin
Keyword(s):  
United States ◽  
Human Rights ◽  
Capital Punishment ◽  
Quantitative Data ◽  
Islamic Law ◽  
Theoretical Background ◽  
Significant Benefit ◽  
The World ◽  
Basic Understanding ◽  
Final Segment

The application of capital punishment has become worldwide debate. European human rights have abolished the capital punishment in their legal system. However, some countries, including United States, have still established the capital punishment. In some Asia countries have still implemented capital punishment, including China, Indonesia, and Saudi Arabia. Those countries have received a significant benefit from the implementation of capital punishment. In this article, author will explore some benefit of capital punishment to create a peaceful and harmonious life. To create basic understanding, author have used theoretical background on crime-punishment connection. Author has also examined the restraining effects of the application of capital punishment on crime in several countries, and presenting some quantitative data. The final segment has displayed a fleeting discussion, and offering some generalizations. The purpose provides a clear conclusion, referred on the practice of various countries. This experience will have a significant benefit for development Islamic law in Aceh, Indonesia.

Use of Armed Force against Suspected Foreign Submarines in the Swedish Internal Waters and Territorial Sea

2018 ◽  
Vol 33 (3) ◽  
pp. 585-599
Author(s):  
Said Mahmoudi
Keyword(s):  
Human Rights ◽  
International Law ◽  
Present Article ◽  
National Level ◽  
Use Of Force ◽  
Armed Force ◽  
National Legislation ◽  
Legal Arguments ◽  
Actual Response ◽  
Self Defence

Abstract Sweden’s territorial sea and internal waters have experienced regular intrusions by submerged foreign submarines since the early 1950s. The response of the country to such intrusions is generally well-documented and mainly public. The present article offers an overview of the development of the relevant national legislation, the actual response of the naval forces, and the legal arguments invoked at national level to justify or dismiss use of force in self-defence or under another title. The article discusses the relevance of the immunity that submarines normally enjoy under international law and Sweden’s human-rights obligations, two issues that have been at the centre of the legal discourse. Particular attention is paid to developments since 2014 when a new round of “submarine hunts” started and led to the adoption of new measures both revising the existing laws and strengthening the defence forces.

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