scholarly journals Humanitarian Detention and Figures of Persistence at the Border

2019 ◽  
Vol 2 (3) ◽  
pp. 435-465 ◽  
Author(s):  
Debarati Sanyal

Abstract Starting with Alan Kurdi as the “ideal” figure of the refugee, juxtaposed with the figure of the migrant swarm, which rehearses the contrast between humanitarian compassion and securitarian anxiety, this essay traces how these seemingly opposed logics meet in the “humanitarian” detention of children at Europe's borders. This essay examines the partial reinscription of colonial histories and their racist aftermaths in current technologies of surveillance, capture and detention. Adapting the figure of the Möbius strip to envision the relationship between camp and polis, the essay analyzes an experimental documentary on migrant detention at the Greek-Turkish border. In Blue Sky from Pain, by Stephanos Mangriotis and Laurence Pillant, detention sites contain unpredictable subjectivations, forms of dissent, and figures of persistence, even when the detainees are children. The film puts pressure on the frames by which we imagine the subject of human rights and the object of humanitarian compassion.

2021 ◽  
Author(s):  
Roberto Goycoolea-Prado ◽  
Laura Susana Zamudio-Vega ◽  
Ainhoa Amaro-García ◽  
Ana María Sosa-González ◽  
Leonardo Barci-Castriota ◽  
...  

This book analyzes the relationship between the three concepts that give shape to its name, with the particular purpose of examining the impacts that globalization has brought on the built heritage. It seeks to explore the possible paths that, for academic reflection, applied research or public policy, could be derived from the reflections that bring together the gaze of numerous researchers fromdifferent countries. In this regard, the work offers a conceptual framework from where it has been addressed the phenomenon, and from which issues such as the community thinking; the socio-spatial conflicts generated by tourism; the relationship between identity and historical memory, as well as between heritage and human rights; tensions and dilemmas about identity and heritage that globalization brings and, finally, the theme that is called at work,"situated thinking”, as a condition when studying and understanding what in front of the subject it happens in every context. Approach from which cases in Spain, Portugal, Italy, Colombia, Peru, Ecuador, Brazil, Uruguay, Argentina, Mexico, Croatia and, among others, Turkey are analyzed. The latter country, where researchers carried out field work that, together with the explorations in other contexts, allowed to contrast theory with practice and extrapolate from this point their conclusions.


Author(s):  
Kevin Gray ◽  
Susan Francis Gray

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter introduces a number of concepts that are fundamental to an understanding of the contemporary law of land in England and Wales. It discusses: definition of ‘land’ as physical reality; the notion of abstract ‘estates’ in land as the medium of ownership; the relationship between law and equity; the meaning of ‘property’ in land; the impact of human rights on property concepts; the ambivalence of common law perspectives on ‘land’; the statutory organisation of proprietary rights in land; and the underlying policy motivations that drive the contemporary law of land.


This chapter examines the relationship between labour law and its philosophical foundations. It suggests that it is essential to stand back from political compromises, which are often the subject of labour law scholarship, to consider the key attributes of the subject and its foundational goals and principles. It proposes that we need a normative account of labour law in order to assess its shortcomings and propose reforms, but also that the most important reasons for pursuing a philosophical agenda concern the continuing existence of the subject of labour law and the paradigm around which it is built. Having made the case for the importance of examining philosophical foundations, the chapter considers methodological challenges in using political theory. We finally turn to some central values that underlie labour law and which constitute the themes of this book—freedom, dignity, and human rights; distributive justice and exploitation; workplace democracy and self-determination; social inclusion—and summarise the chapters of the book.


2021 ◽  
Vol 17 (3) ◽  
pp. 387-399
Author(s):  
Zhong Chen ◽  
Tingting Yao

Abstract The cognitive paradigm of symbols in ancient Chinese philosophy is quite distinct from that of Western semiotic circles. Chuang Tzu, one of the most influential ancient Chinese philosophers, concentrates his study on exploring the state of the subject’s selflessness and establishes his own cognitive paradigm of jingshen. This paper uses his statements of “I lost myself” and “The Perfect Man uses his mind like a mirror” in The adjustment of controversies of The Chuang Tzu, to investigate the ideal selfless mind-state and selflessness. It attempts to transfer the relationship between subject and object in symbolic cognition into the connection of intersubjectivity to construct jingshen’s cognitive paradigm of releasing symbolic meaning. The task of this research is to overcome the limitation created by the subject–object relation and finally to be “the Perfect Man” who can know the Dao.


Author(s):  
Wenda Hartanto

<p>Manusia seperti entitas lainnya, juga bereksistensi. Namun, eksistensi manusia berbeda karena memiliki kesadaran. Sedangkan hukum memiliki tujuan yang mulia yaitu untuk membentuk masyarakat berada dalam tatanan hukum dan berperan sebagai sarana rekayasa sosial demi kemajuan. Namun kesadaran hukum sebagai suatu entitas yang tunggal dibenturkan pada masyarakat plural dengan pandangan-pandangan yang majemuk. Suatu kumpulan individu yang majemuk juga memunculkan kaidah hukum jika disepakati dapat dianggap memiliki aspek moralitas dan kesadaran hukum oleh suatu golongan, tetapi tidak demikian oleh golongan yang lain. Dalam keadaan yang semacam itu, menjadi sangat penting untuk mengetahui bagaimana terjadinya proses relasi antara kesadaran hukum dan politik hukum dalam proses legislasi, serta bagaimana konsep ideal untuk mengakomodir kesadaran hukum masyarakat dalam proses legislasi. Dengan menggunakan metode penelitian hukum normatif bisa dilihat bahwa proses legislasi merupakan aktualisasi politik hukum yang berdasarkan kesadaran hukum masyarakat untuk mencapai tujuan dan melindungi kebutuhan dan kepentingan masyarakat. Indonesia sebagai negara bangsa yang majemuk memerlukan suatu sistem hukum modern yang mampu mengantisipasi serta mengatasi berbagai permasalahan yang mungkin akan timbul. Nilai-nilai Pancasila hadir untuk mengakomodir dimensi kepentingan politik, ekonomi, sosial dan politik manusia sebagai subjek didalam bernegara.</p><p>Humans like other entities, also exist. However, human existence is different because it has consciousness. While the law has a noble purpose which is to establish a community within the legal system and to serve as tools of social engineering for progression. However, legal awareness as a single entity collides with a plural society with diverse views. A group of diverse individuals make some law ,which is agreed by some group, can be considered to have morality aspects and legal awareness by that groups, but not by the other groups. In such circumstances, it becomes very important to understand the process of the relationship between legal awareness and legal policy in the legislation process, and what the ideal concept to accommodate the public legal awareness in the legislation process. By using the normative legal research method, it can be seen that the legislation process is an actualization of legal policy which is based on public legal awareness which aims to protect public needs and interests. Indonesia as a plural nation state require a modern legal system which is able to anticipate and overcome every problems that may arise. Pancasila Values exists here to accommodate the dimensions of political, economic, and social interests of human being as the subject of state.</p>


2021 ◽  
Vol 2 (1) ◽  
pp. 6-14
Author(s):  
Maya Smolina ◽  
◽  
Alexandra Sukorcheva

The object of this scientific research is art criticism in art magazines, the subject is the text of art criticism as a tool for solving problems of the relationship between a work of art and the viewer. The aim is to study journal art criticism as a tool for solving problems of the relationship between a work of art and the viewer. The analysis of the concepts of "art criticism" and "critical texts about art" is given in order to understand the essential features of art criticism and the specifics of its texts. The conceptual basis for the study was the key provisions of the theory of reflection by G.V.F. Hegel, the basic principles of the synthetic theory of the ideal D.V. Pivovarov and the concept of ideal formation, the main provisions of the theory of fine art by V.I. Zhukovsky and N.P. Koptseva.


2021 ◽  
Vol 2 (2) ◽  
pp. 68-83
Author(s):  
Ksenia Reznikova ◽  
◽  
Maya Smolina ◽  

The object of this scientific research is art criticism, the subject is the interaction of the addressee of art criticism and a work of fine art. The aim is to study the relationship between the addressee of art criticism and a work of fine art. The conceptual analysis of the concept of "art criticism" is given, the features and structure of the text of art criticism are considered. The conceptual basis for the study was the key provisions of the theory of reflection by G.V.F. Hegel, the basic principles of the synthetic theory of the ideal D.V. Pivovarov and the concept of ideal formation, the main provisions of the theory of fine art by V.I. Zhukovsky and N.P. Koptseva. A peculiar result of scientific research is the fixation of the characteristics of various addressees of the text of art criticism ("viewer" and "artist") and the specifics of their relationship with a work of fine art through the study of the text of art criticism


1994 ◽  
Vol 28 (4) ◽  
pp. 579-588
Author(s):  

I have been asked to speak to you about judging in the age of the Canadian Charter of Rights and Freedoms, with particular reference to remedies under the Charter. You will understand, I am sure, that my treatment of the subject will necessarily be in the nature of an overview.Stated broadly, I will be suggesting to you that the introduction of the Charter in Canada has required a fundamental reappraisal of how judges approach their tasks, of the processes that are employed and of the relationship between the judicial and legislative branches of government.Before developing these two propositions, however, I should first give you some basic information about our Charter; to those for whom this is very familiar ground, I apologize and promise brevity.The Canadian Charter of Rights and Freedoms, which was adopted by Canada in 1982, has one main animating principle from which flows one corollary. The animating principle is that certain human rights and freedoms should be part of the fundamental law of the land. The corollary is that when there is a dispute about the application or the meaning of these fundamental rights and freedoms, it is the responsibility of the courts in Canada to define and apply them through the legal process.


Author(s):  
Adriel M. Trott

Sex differentiation raises problems for the account of the import of matter for semen’s capacity to animate. Critics of the view that matter matters for semen’s formal work argue that the male contributes a principle and not a material product and so its material is irrelevant. This chapter shows how the specifics of sexual differentiation and trait inheritance support the view that the male contribution works as form on material through the material capacity of heat. The female contribution is similarly shown to be capable of resisting the male contribution and can loosen the male’s ability to produce an offspring like itself because the male’s form is working through material and affected by other matter. The chapter concludes by showing the limits of contradiction and contrariety for thinking the relationship between form and matter beyond opposites to show how the Möbius strip model presents another alternative.


2002 ◽  
Vol 30 (4) ◽  
pp. 608-620 ◽  
Author(s):  
Wendy E. Parmet

The relationship between law and a population’s health is complex and poorly understood. To the extent that scholarship exists on the subject, it has usually focused on epidemics that are concentrated in relatively vulnerable, marginalized communities. Often, individual behaviors are assumed to play a major role in the epidemiology of these diseases. Perhaps, as a result, these illnesses become stigmatized and the object of coercive laws, which in turn become the subject of litigation, legal debate, and ultimately scholarly analysis. Thus, to the extent that U.S. legal scholars have thought about public health in the last 30 years (and they seldom have), they have generally done so in the context of tuberculosis (TB), intravenous drug abuse, and a handful of similar conditions. Likewise, Jonathan Mann’s own appreciation of the importance of human rights to public health emerged in the wake of his work with HIV, which is perhaps the prototypical stigmatized disease.


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