“In Defense of Our Livelihoods”: Rethinking Authoritarian Legality and Worker Resistance during Argentina’s Proceso de Reorganización Nacional

2019 ◽  
Vol 16 (4) ◽  
pp. 67-88
Author(s):  
Edward Brudney

This article examines a series of worker strikes that culminated in the takeover of the Deutz Argentina tractor factory in October 1980. These mobilizations occurred under the most violent military regime in modern Argentine history—the Proceso de Reorganización Nacional (Process of National Reorganization, 1976–83)—yet they did not provoke legal or extralegal repression. Instead, over a week of highly visible conflicts, the Deutz workforce challenged the company’s decision to close the plant and publicly attacked the dictatorship’s economic policies and failure to defend Argentina’s national interest. This episode has been largely ignored within the history of labor relations during the Proceso. In this article, I advance two related arguments. First, I suggest that while several factors contributed to the lack of violence, the workers’ discourse demands serious analysis and shows important continuities with historical Peronist ideologies. Rather than passive victims or heroic revolutionaries, I demonstrate that Deutz workers pursued a pragmatic and occasionally aggressive strategy centered around ideas of patriotism, family, and religion—all ideas that the Armed Forces rhetorically celebrated. Second, I argue that this case challenges accepted notions related to the “state of exception” that nominally suspended the normal functioning of the law. Instead, I show, the law and legal precedent remained critically important to workers, trade unionists, management, and state actors as they navigated this situation. Labor legislation played a key role in the development, understanding, and resolution of the confrontation. This reading takes seriously the Proceso as a government and offers new insight into authoritarian legality.

Author(s):  
Derek J Bays ◽  
George R Thompson ◽  
Susan Reef ◽  
Linda Snyder ◽  
Alana J Freifeld ◽  
...  

Abstract Background The natural history of non–central nervous system (non-CNS) disseminated coccidioidomycosis (DCM) has not been previously characterized. The historical Veterans Affairs (VA)–Armed Forces coccidioidomycosis patient group provides a unique cohort of patients not treated with standard antifungal therapy, allowing for characterization of the natural history of coccidioidomycosis. Methods We conducted a retrospective study of 531 VA–Armed Forces coccidioidomycosis patients diagnosed between 1955–1958 and followed to 1966. Groups were identified as non-DCM (462 patients), DCM (44 patients), and CNS (25 patients). The duration of the initial infection, fate of the primary infection, all-cause mortality, and mortality secondary to coccidioidomycosis were assessed and compared between groups. Results Mortality due to coccidioidomycosis at the last known follow-up was significantly different across the groups: 0.65% in the non-DCM group, 25% in the DCM group, and 88% in the CNS group (P < .001). The primary fate of pulmonary infection demonstrated key differences, with pulmonary nodules observed in 39.61% of the non-DCM group, 13.64% of the DCM group, and 20% of the CNS group (P < .001). There were differences in cavity formation, with 34.20% in the non-DCM group, 9.09% in the DCM group, and 8% in the CNS group (P < .001). Dissemination was the presenting manifestation or was concurrent with the initial infection in 41% and 56% of patients in the non-CNS DCM and CNS groups, respectively. Conclusions This large, retrospective cohort study helps characterize the natural history of DCM, provides insight into the host immunologic response, and has direct clinical implications for the management and follow-up of patients.


Author(s):  
P. Ishwara Bhat

Study of history of laws and legal systems unravels their social dimensions and gives insight into the dynamics of economics, communitarian ethos, and the cultural trajectory beneath them. History unravels the growth of legal concepts, ideas, conscience of the community underlying the law, political and social movements which produced the law, and international relations, which shaped the law at the national and international levels. Within this discussion on historical legal research, the chapter discusses the following points: (a) the interrelated nature of internal legal history, which focuses on evolution of law making, and external legal history, which contextualises law in its social milieu; (b) how archival research, which is a part of historical study, should be conducted by examining the authenticity of the document, relation with events, and central proposition emerging in the discourse; (c) the building up of knowledge of the legal system by legal historians, judges, and scholars have through historical study; and (d) the application of internal and external criticisms to archival data in legal disputes involving historical disagreements.


Daedalus ◽  
2017 ◽  
Vol 146 (1) ◽  
pp. 11-23 ◽  
Author(s):  
Laura Ford Savarese ◽  
John Fabian Witt

This essay aims to redescribe key moments in the history of American military engagements to account for a persistent role that law has played in these conflicts. The law of war tradition has persisted since the War of Independence, we argue, because of an internal dynamic that makes it both strategically useful and costly for the United States to commit itself to rule-bound warfare. Invoking the laws of war to advance the strategic interests of the United States, American soldiers and statesmen have found, entails consequences beyond their control, making reversals in position more costly and enabling critiques in the language of the law. These entailments, we argue, are built into the enduring strategic value of the laws of war. The law has remained useful not because it can claim perfect neutrality, but because it has force independent of the interests for which it is mobilized.


Legal Studies ◽  
2009 ◽  
Vol 29 (4) ◽  
pp. 619-650 ◽  
Author(s):  
Andrew Iwobi

The enactment of the Charities Act 2006 is widely viewed as one of the most momentous events in the recent history of English charity law, and the impact of the Act on the pre-existing law is still being debated. This paper inquires into the operation of the Act within the religious sphere. It seeks to explore the basis upon which charitable recognition was accorded within this sphere before the Act and to assess how far the law that was previously in force has been preserved, modified or rendered inoperative by the provisions of the Act. Three fundamental dimensions of the legal regime governing religious charities are especially relevant to this inquiry. The first dimension encompasses the elusive quest for the meaning of religion in the charitable sense. The second focuses on the long-standing requirement that religious purposes must be beneficial to the public in order to be charitable. The third is concerned with the human rights implications of conferring or withholding charitable status within the religious domain. Each dimension is examined in turn with a view to providing an insight into the complexities and difficulties inherent in the pre-existing law and the extent to which these have been addressed by the reforms contemplated by the Act.


1999 ◽  
Vol 48 (2) ◽  
pp. 362-386 ◽  
Author(s):  
Nuno Sérgio Marques Antunes

In December 1995 Eritrean and Yemeni armed forces clashed in one of the islands situated off the coast of these two States in the Red Sea (Greater Hanish1). Behind the incident was a dispute concerning, inter alia, the territorial sovereignty over several uninhabited islands in the area, the definition of the maritime boundary between the two States and the use of the waters surrounding the islands by fishermen of both States.2 Undoubtedly, this dispute is deeply rooted in the history of the two States, and their peoples.


2017 ◽  
Vol 6 (1) ◽  
pp. 93-96
Author(s):  
Sorina Nicole Fatu

The Seven Calamities (1773, Cleveland Museum of Art) is an emakimono, or Japanese handscroll, created by Nijo Yana during the Edo Period of Japan depicting seven catastrophes that occurred in Japan throughout time. Buddhist Monk Nichiren used the seven calamities found in ancient sutras to explain the disasters agonizing Japan in his time and to stress the importance of following the Buddhist lifestyle. In order to keep the seven calamities at bay, the kings and rulers of Japan were required to recite and teach ancient sutras including the Prajna-Paramita sutra. As the legend tells it, Tathagata — honorific title of a Buddha  — had committed this sutra to the kings and rulers because they had requisite power needed to establish the Law of the sutra, unlike the monks and nuns. Had the sutra not been extensively taught to the populace, the seven calamities would befall upon the land and punish the impudent humans that strayed away from Saddharma — Sanskrit for the Correct Law. In essence, it was up to the kings that Tathagata appointed to ensure order and balance to the lands by reciting the Prajna-Paramita. Each of the calamities were painted on paper with black ink, known as sumi-ink, contain ma, which means negative space, and use minimal color. This paper will dissect the history of the seven disasters of Japan and the reasoning behind their occurrence, analyze the use of Japanese sumi-ink combined with the kara-e Chinese style of art, and will contemplate the artist’s choice of substituting several of the seven original calamities with his or her own rendition and depiction of sequenced actions.


2021 ◽  
Vol 96 ◽  
pp. 83-97
Author(s):  
Cosmin Cercel

In this article I propose a critical evaluation of the current European politico-legal landscape that unfolds under the conditions of the COVID-19 pandemic. My aim is to off an analysis of the symbolic status of legality in this context and to reflect on its historical trajectory, by introducing it in a longer historical timescale than usually proposed as well as by insisting on the specific nexus between emergency legislation and authoritarian ideologies within Europe. In doing so I propose a new genealogy of the state of exception apt to articulate the relationship between the force of law, legal normativity, and ideology in modern capitalism. The thesis that I defend here is a simple one: the ongoing pandemic has operated a historical acceleration that the law, understood here as medium that articulates power symbolically in a public and ostensible manner, is not able to catch up with. To substantiate this thesis, I venture first to take stock of the existing theories, analyses and narratives on the relation between the pandemic and the politico-legal landscape of Europe. In doing so I shall focus fi on traditional constitutional law accounts and on Italian philosopher Giorgio Agamben’s criticism of the legal responses to the pandemic. Following this analysis, I move towards a situation of the pandemic within the sphere of the multiple crises befalling Europe that have become visible since 2015. At this stage I draw attention to the manifold layers of emergency legality and states of exception that have been sapping the liberal democratic nomos putatively defended within Europe. In a third move, I embark on a synoptical clarification of the relationship between law, ideology and the history of class struggle. In a fourth and last intervention I intend to assess the current nexus between the pandemic, exception and the law as a specific form of dissolution of the liberal nomos.


2015 ◽  
Vol 37 (2) ◽  
pp. 245-265
Author(s):  
Peter Galbács

This paper offers a few remarks on the so-called heterodoxy commentaries of recent times (e.g. Bod 2013, Csaba 2011). In accordance with the growing popularity of unusual economic policy actions, a set of “tools” is emerging that aims to exert its effects breaking with instrumental actions. Outlining a special framework of the history of mainstream economics, it will be argued that economic policy only gradually has become capable of applying this system. In our view, both the emergence of symbolic economic policies mentioned above and the rise of heterodoxy are on the same level, since certain governments can only operate through giving signals. Although it is not the time to formulate ultimate and eternal generalised statements, it may perhaps be stated that symbolic economic policies can make some room for manoeuvring available as a last resort. In other words, the possibility of a certain kind of economic policy “tools” can be derived from theoretical considerations, and this set has become highlighted recently by some constraining changes in the macroeconomic environment. Our theoretical framework will be filled sporadically with some episodes from the last few years of the economic policy of Hungary.


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