The right to space production and the right to necessity: Insurgent versus legal rights of Palestinians in Jerusalem

2016 ◽  
Vol 16 (1) ◽  
pp. 6-31 ◽  
Author(s):  
Yosef Jabareen
Keyword(s):  
Space Structure ◽  
The State ◽  
State Of Exception ◽  
Legal Rights ◽  
Production Of Space ◽  
Alternative Source ◽  
Disadvantaged Groups ◽  
Basic Rights ◽  
The Right ◽  
Space Production

The major problem with theories of the right to the city is that they inherently assume that states are the sole provider of rights and that, in liberal–democratic countries, legal rights are conceptually universal and apply to all individuals equally. I challenge these assumptions and maintain that in some situations, when the state and its governing apparatus violate or deny the very basic rights of a social or ethnic collective, the group itself becomes an alternative source of informal rights. I conceive this violation of basic needs as a necessity state of affairs, which constitutes a true and proper source of law and it makes the right to space production and the right to necessity. Thus, the state of necessity is the source of these informal rights and law, and necessity gives them the legitimation they needs. The disadvantaged groups, the community, not the State, give it the legitimation they need. As Agamben suggests in his State of Exception, that necessity has no law and necessity creates it own law. From this perspective, the right to the production of space is a plane of contradictions and struggle over the distribution of resources and rights among people in general, and between the state and its local government and planning and development institutions in particular. Seen in this light, it is clear that the right to the production of space entails not only formal legal rights but also the informal rights, the right to necessity, generated and invoked by disadvantaged groups. The production of space, then, is born and reborn at the heart of the contradictions between formal and informal rights, and between the state’s planning apparatus and spatial agenda on the one hand and the status of disadvantaged groups on the other. The conceptual framework offered here seeks to resolve and overcome these contradictions through its contingent relations between legal rights, which are produced and distributed by the state, and the rights of necessity generated and invoked by the collective. From this perspective, the right to the production of space offers a normative framework for illuminating the relationship between the production of space, structure, and power relations at the state and city level and their relations with collective groups, as well as a means of struggle for basic rights of recognition and of the reorganization of urban society.

Marvell’s Dread of the Sword

2020 ◽  
pp. 139-179
Author(s):  
Feisal G. Mohamed
Keyword(s):  
The State ◽  
Political Order ◽  
State Of Exception ◽  
Legal Rights ◽  
Constitutional Order ◽  
The Subject ◽  
Late Stages

For Marvell sovereignty names the brutal core of political order, where a single ruler, or body of rulers, decides on the state of exception. This recognition is visible in the early, middle, and late stages of his career, from The Picture of Little T.C. and the Villiers elegy, to the Protectorate poems, to the Advice to a Painter poems and An Account of the Growth of Popery. The last of these is illumined by consideration of the case of Shirley v. Fagg (1675); for all that Marvell aligned himself with Shaftesbury, they take different views of the case reflecting their different views of constitutional order. In his mature thought especially, we see Marvell’s impulse to advance the legal rights of the subject and so limit the damage that can be done by the sovereign wielding the power of the sword. This impulse is brought into conversation with Schmitt’s thought on the nature of the pluralist state, which he offers through a critique of Harold Laksi.

scholarly journals Lefebvre’s thought in contemporary urban sociology

Sociologija ◽  
2013 ◽  
Vol 55 (3) ◽  
pp. 475-491
Author(s):  
Miloje Grbin
Keyword(s):  
Urban Sociology ◽  
Right To The City ◽  
Henri Lefebvre ◽  
Production Of Space ◽  
Theoretical Assumptions ◽  
The Right ◽  
Space Production ◽  
The Impact ◽  
The City

This paper presents the impact of Henri Lefebvre?s thought in contemporary urban sociology. In the first chapter, the reader can find brief descriptions of two most relevant Lefebvre?s concepts linked to his comprehension of space: production of space, the right to the city and a couple of firmly related concepts. The second chapter presents several examples of their recent interpretations by the authors from different theoretical backgrounds. Simultaneously, it evaluates the relevance of Lefebvre?s theoretical assumptions in contemporary social context, as well as their theoretical and methodological relevance for further research and development of urban sociology. Conclusion emphasizes that Lefebvre?s ideas have a deep and long term influence in urban sociology.

scholarly journals THE EDUCATIONAL POLICIES OF THE SERBIAN STATE TO THE ALBANIAN MINORITY IN SERBIA

2019 ◽  
Vol 32 (1) ◽  
pp. 129-136
Author(s):  
Liburn Mustafë Mustafa
Keyword(s):  
Mother Tongue ◽  
The State ◽  
Legal Rights ◽  
Right To Education ◽  
Contemporary World ◽  
The Past ◽  
Mother Country ◽  
International Rights ◽  
The Right ◽  
Culture Tradition

The right to be educated in mother tongue is considered among the most important human rights in the contemporary world. Such a right is guaranteed to the all world communities in spite of the state and international rights, regardless of the location, extent, and size of the community. Every state is obliged to respect and make possible the realization of the rights to be educated in their language to every minority within it, because the right to education in mother tongue is now considered a crucial tool for preserving and strengthening the cultural and ethnic identity, and vice versa, the non-implementation of these rights to certain communities implies the state's tendency towards these communities. Also, minorities are predestined that the educations in their language attend similar to their mother country, based on textbooks and curricula of the respective states, as such a right is guaranteed by international norms and conventions. But such a thing, very often faces a strong resistance from the states where these minorities are, because in these textbooks is reflected the history, culture and tradition of the past, which in most cases is a clash between identities and produce numerous value controversies between the parties. This situation is particularly reflected in some Balkan countries where ethnic minorities are not "bridges" between communities but are "quarrelsome" among communities. In such a situation is the Albanian minority in Serbia, who because of the conflicting past between the two nationalities, the Albanian and the Serbs, are victimized by preventing the right to learn their history, culture, tradition and their mother tongue. Thus the Serbian state, because of the past between the two nations and issues still open with the state of Kosovo, denies Albanians in Serbia using textbooks from this country. This form of approach reflects state policies on curricula and textbooks currently being implemented by the Albanian minority. In this paper we will explain the problems faced by the Albanian minority in Serbia in the field of education, respectively the problems of the lack of textbooks in Albanian language. We will present the causes and obstacles of the lack of school textbooks in Albanian language in Presheva Valley schools, strategies developed by various factors to solve this problem, implicated parties, legal rights issues and the possible solution of this problem.

Bedouin Sumud and the Struggle for Education

2017 ◽  
Vol 46 (4) ◽  
pp. 7-21 ◽  
Author(s):  
Michal Rotem ◽  
Neve Gordon
Keyword(s):  
The State ◽  
Social Production ◽  
Production Of Space ◽  
Right To Education ◽  
The Social ◽  
The Right ◽  
Planning Policies

The struggle between Zionists and Palestinian Bedouin over land in the Negev/Naqab has lasted at least a century. Notwithstanding the state's continuing efforts to concentrate the Bedouin population within a small swath of land, scholars have documented how the Bedouin have adopted their own means of resistance, including different practices of sumud. In this paper we maintain, however, that by focusing on planning policies and the spatio-legal mechanisms deployed by the state to expropriate Bedouin land, one overlooks additional technologies and processes that have had a significant impact on the social production of space in the Negev. One such site is the struggle over the right to education, which, as we show, is intricately tied to the organization of space and the population inhabiting that space. We illustrate how the right to education has been utilized as an instrument of tacit displacement deployed to relocate and concentrate the Bedouin population in planned governmental towns. Simultaneously, however, we show how Bedouin activists have continuously invoked the right to education, using it as a tool for reinforcing their sumud. The struggle for education in the Israeli Negev is, in other words, an integral part of the struggle for and over land.

POÇO DA DRAGA, FORTALEZA-CE: A PRODUÇÃO DO ESPAÇO PELO TURISMO E A GERAÇÃO DE CONFLITOS

2019 ◽  
Vol 21 (2) ◽  
pp. 1165-1178
Author(s):  
Maria Carollyne Matos Batista ◽  
Fábio Perdigão Vasconcelos
Keyword(s):  
Coastal Areas ◽  
The State ◽  
Production Of Space ◽  
Coastal Community ◽  
The Third ◽  
Bibliographic Data ◽  
The World ◽  
Space Production ◽  
Community Space ◽  
Important Activity

Tendo em vista a grande importância da atividade turística para a economia do estado do Ceará e como a mesma instalou-se nas últimas décadas em diversos municípios cearenses, principalmente nos litorâneos, o presente trabalho objetiva analisar a produção do espaço pelo turismo visando especificamente compreender como essa importante atividade gera conflitos nos espaços onde se estabelece. Anteposto, abre-se debate acerca dos conceitos de turismo, espaço e de como este se reproduz, e conflito que, por sua vez, é relacionado com o conceito de impacto. Por fim, enquadra-se neste cenário a Comunidade litorânea Poço da Draga que, atualmente, vem sendo prejudicada de forma direta pela construção do Acquario do Ceará, o terceiro maior museu oceânico do mundo. A metodologia aplicada neste artigo baseou-se em um levantamento de dados bibliográficos e visitas em campo na comunidade. A partir dessas informações, o debate gira em torno da problemática de construção do Acquario e de como este empreendimento turístico gera diversos conflitos no espaço da comunidade, tais como a possível desapropriação de moradores do seu lugar de residência.Palavras-chave: Turismo, produção do espaço, conflitos. ABSTRACTConsidering the great importance of tourism for the economy of the state of Ceará and how it was installed in the last decades in several municipalities of Ceará, especially in the coastal areas, the present work aims to analyze the production of space by tourism, specifically aiming to understand how this important activity generates conflicts in the spaces where it is established. Before, opens on the concepts of tourism, space and how it reproduces, and conflict that, in turn, is related to the concept of impact. Finally, the Poço da Draga coastal Community, which has been directly hampered by the construction of the Acquario do Ceará, the third largest oceanic museum in the world, is part of this scenario. The methodology applied in this article was based on a survey of bibliographic data and field visits in the community. From this information, the debate revolves around the problem of building the Acquario and how this tourist enterprise generates various conflicts in the community space, such as the possible expropriation of residents of their place of residence.Keywords: Tourism, space production, conflicts. RESUMENDada la gran importancia del turismo para la economía del estado de Ceará y cómo se ha instalado en las últimas décadas en varios municipios de Ceará, especialmente en la costa, este documento tiene como objetivo analizar la producción de espacio por turismo con el objetivo específico de comprender cómo esta importante actividad genera conflictos en los espacios donde se establece. Por otro lado, se abre el debate sobre los conceptos de turismo, espacio y cómo se reproduce, y conflictos que, a su vez, están relacionados con el concepto de impacto. Finalmente, este escenario se ajusta a la comunidad costera de Poço da Daga, que actualmente está siendo perjudicada directamente por la construcción del Acquario do Ceará, el tercer museo oceánico más grande del mundo. La metodología aplicada en este artículo se basó en una encuesta de datos bibliográficos y visitas de campo en la comunidad. A partir de esta información, el debate gira en torno al problema de la construcción del Acuario y cómo esta empresa turística genera varios conflictos en el espacio comunitario, como la posible expropiación de residentes de su lugar de residencia.Palabras clave: Turismo, producción espacial, conflictos.

LIBERAL ASSOCIATIONISM AND THE RIGHTS OF STATES

2013 ◽  
Vol 30 (1-2) ◽  
pp. 425-449
Author(s):  
David Estlund
Keyword(s):  
Political Philosophy ◽  
The State ◽  
Legal Rights ◽  
Individual Rights ◽  
General Terms ◽  
Moral Basis ◽  
The Right

AbstractIt is often argued that if one holds a liberal political philosophy about individual rights against the state and the community, then one cannot consistently say that a state that violates those principles is owed the right of noninterference. How could the rights of the collective trump the rights of individuals in a liberal view? I believe that this debate calls for more reflection, on the relation between liberalism and individualism. I will sketch a conception of liberalism (“liberal associationism”) in which there is nothing awkward about saying that associations, as such, have some moral (not just, say, legal) rights to noninterference. If liberal associationism is compelling in general terms then, if states (or some of them) can be shown to be associations in the relevant respects, then liberalism itself will supply the moral basis for a right of that kind, held by a state or people as such, to nonintervention.

scholarly journals Ratio Decidendie Judges On The Cancellation Of Certificate Of Land Right That Does Not Remove The Ownership In Kendari State Court (Case Study On Decision No. 62 / Pdt.G / 2012 / PN.Kdi)

Jurnal Akta ◽  
2020 ◽  
Vol 7 (2) ◽  
pp. 245
Author(s):  
Muh. Ramli Jaya ◽  
Akhmad Khisni
Keyword(s):  
Property Rights ◽  
Land Rights ◽  
The State ◽  
Legal Rights ◽  
State Court ◽  
Court Case ◽  
Conceptual Approach ◽  
Certificate Revocation ◽  
The Right ◽  
Case Number

This study aims to determine how the Ratio Decidendie judges and legal consequences of the implementation of verdict on cancellation of certificate of ownership that does not remove the right to land ownership in the State Court of Kendari. This study uses the type of normative juridical research using law approach, conceptual approach and the approach the case with premier legal materials, secondary and tertiary material.Based on the studies concluded that the judges verdict in case number 62 / Pdt.G / 2012 / Pn.Kdi confirming ownership of the Plaintiff. Certificate Revocation Proprietary No. 37 / Anduonuhu Village and property rights certificate No. 38 / Anduonuhu Village through Decision Kendari State Administrative Court No. 29 / G / 2010 / PTUN-Kdi flawed due to its publication of juridical / procedural defect. While consideration by the State Court case number 62 / Pdt.G / 2012 / Pn.Kdi explain pedestal of land rights in the form of Decree of the Governor of the Province of South East Celebes Number. 11 / HM / 1979 dated January 16, 1979 not been declared void. So that the Plaintiff's legal rights remain attached. Plaintiffs can reapply for the certificate issued by the applicable legislation.Keywords: Ratio Decidendie; Certificate Revocation Property Rights; Land Rights.

scholarly journals The protection of fundamental rights in the Netherlands and South Africa compared: can the many differences be justified?

2017 ◽  
Vol 11 (2) ◽  
pp. 16
Author(s):  
Gerhard Van der Schyff
Keyword(s):  
South Africa ◽  
The Netherlands ◽  
South African ◽  
The State ◽  
Fundamental Rights ◽  
Individual Freedom ◽  
Basic Rights ◽  
Political Choices ◽  
The Many ◽  
The Right

This contribution considers the protection of fundamental rights in the Netherlands and South Africa. Both countries strive to be constitutional democracies that respect basic rights. But both countries go about this aim in very different ways. These different paths to constitutionalism are compared, as well as the reasons for these differences and whether it can be said that these differences are justifiable. This is done by comparing the character of the rights guaranteed in the Dutch and South African legal orders, the sources of these rights and the locus or centre of protection in both systems. The conclusion is reached that no single or perfect route to attaining the desired protection of fundamental rights exists, but that one should always enquire as to the state of individual freedom and the right to make free political choices in measuring the worth of a system's protection of rights.

scholarly journals The ‘Right’ Side of the Law. State of Siege and the Rise of Fascism in Interwar Romania

Fascism ◽  
2013 ◽  
Vol 2 (2) ◽  
pp. 205-233
Author(s):  
Cosmin Sebastian Cercel
Keyword(s):  
First World War ◽  
The State ◽  
State Of Exception ◽  
The Political ◽  
Radical Politics ◽  
Giorgio Agamben ◽  
World War ◽  
The Right ◽  
First World ◽  
Do So

The aim of this article is to problematize one of the most audacious tenets of the new consensus, namely the revolutionary character of fascism, by linking together the experience of the state of siege and the emergence of the fascist movement in interwar Romania. It tries to do so by drawing on the philosophical underpinnings of the paradigm of the state of exception developed by Giorgio Agamben and Walter Benjamin’s critique of law and violence. In a first part my aim is to present the main arguments espoused in defending the view according to which fascist movements were professing an authentic revolutionary radical politics. Secondly, I will turn towards legal critique and to the work of Giorgio Agamben in order to build a topography of the relation between law and the force of state. In a third part I will focus on the uses and the historical meaning of the state of siege in post-First World War Romania. This article argues that the emergence of the fascist movement in Romania is an event strongly embedded in the political, legal and symbolic dynamics entailed by the state of exception rather than the expression of a revolutionary thrust.

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