scholarly journals El derecho al olvido, su regulación a nivel Europeo y Español

2021 ◽  
pp. 53-67
Author(s):  
Ferdinando Maguele Santana Medina

Throughout this work, we will analyze the right to be forgotten, looking at the most recent regulation in this matter, both at the Spanish and European level, emphasizing the novelties introduced by the various legal bodies, on the other hand, we will see the ARCO rights and its relevance for Internet users, as well as sentences that have marked the way forward to achieve a regulation that safeguards the most reserved sphere of individuals, providing them with effective mechanisms to evoke such protection before the authorities.

1985 ◽  
Vol 18 (01) ◽  
pp. 20-27
Author(s):  
Jean Bethke Elshtain

Albert Camus' ironic judge-penitent, Jean-Baptiste Clemence, remarks to his compatriot in the seedy bar, Mexico City, in a shadowy district of Amsterdam, the mist rising off the canals, the fog rolling in, cheap gin the only source of warmth, “Somebody has to have the last word. Otherwise, every reason can be answered with another one and there would never be an end to it. Power, on the other hand, settles everything. It took time, but we finally realized that. For instance, you must have noticed that our old Europe at last philosophizes in the right way. We no longer say as in simple times: ‘This is the way I think. What are your objections?’ We have become lucid. For the dialogue we have substituted the communique: ‘This is the truth,’ we say. You can discuss it as much as you want; we aren't interested. But in a few years there'll be the police who will show you we are right.”Now this is still an imperfect method of control—the enforcers are clearly identified and the coercion is too obvious. Not so in Orwell's1984. As Syme, the chilling destroyer of language proclaims: “It's a beautiful thing, the destruction of words.” Speaking to Orwell's protagonist Winston Smith, Syme continues: “Don't you see that the whole aim of Newspeak is to narrow the range of thought. In the end we shall make thoughtcrime literally impossible, because there will be no words in which to express it. Every concept that can ever be needed will be expressed by exactlyoneword, with its meaning rigidly defined and all its subsidiary meanings rubbed out and forgotten…. Every year fewer and fewer words, and the range of consciousness always a little smaller. Even now, of course, there's no reason or excuse for committing thoughtcrime. It's merely a question of self-discipline, reality control. But in the end there won't be any need even for that. The Revolution will be complete when the language is perfect.”


2021 ◽  
Vol 5 (2) ◽  
pp. 61
Author(s):  
Ahmad Husni Hamim ◽  
Vidia Ayundhari

ABSTRACTIntegrity is one competency that civil servants must have. In this Covid-19 pandemic, civil servants’ integrity becomes an observable focus. The Work from Home (WFH) system may highly change the way how they work at home. The research aims at scrutinizing integrity inferences of civil servants during the pandemic. WhatsApp, as an application used by them to communicate, has become a significant medium to observe the patterns. Netnography method is used to observe civil servants’ community behavior on social media. From the inferences observation, it is discovered that they have demonstrated forms of integrity, such as responsibility and professionalism. The civil servants are also getting more solid, helping, and relying on each other. When conflict occurs, they will retain the right principle. On the other hand, some would balance the situation. Consistency and discipline sensed from how civil servants perceiving all-online-formats. To sum up, performing online duties during Work from Home (WFH) has shown forms of integrity among civil servants. ABSTRAKIntegritas merupakan salah satu kompetensi yang harus dimiliki seorang ASN. Dalam situasi pandemi Covid-19, integritas ASN menjadi sebuah fokus yang patut diobservasi. Sistem Work from Home (WFH) mau tidak mau mengubah cara kerja seorang ASN ketika berada di rumah. Tujuan dari penelitian ini untuk mengamati inferensi integritas ASN selama pandemi. WhatsApp, sebagai aplikasi yang digunakan para ASN untuk berkomunikasi menjadi media yang signifikan dalam mengamati pola-pola integritas tersebut. Metode netnografi digunakan untuk mengamati perilaku komunitas ASN pada media sosial. Dalam pengamatan inferensinya, ditemukan bahwa ASN telah menunjukkan bentuk-bentuk integritas seperti, tanggungjawab dan profesionalisme. Para ASN juga semakin solid, saling membantu, dan mengandalkan satu sama lain. Setiap sebuah konflik terjadi, mereka akan mempertahankan prinsip yang benar. Di sisi lain, ada yang menyeimbangkan situasi. Konsistensi dan kedisiplinan juga terlihat dari bagaimana ASN memandang format serba daring. Dapat disimpulkan bahwa performa dalam menyelesaikan tugas-tugas daring menunjukkan berbagai bentuk integritas para ASN.


2020 ◽  
Vol 120 (2) ◽  
pp. 203-235 ◽  
Author(s):  
Dana Kay Nelkin

Abstract On the one hand, there seem to be compelling parallels to moral responsibility, blameworthiness, and praiseworthiness in domains other than the moral. For example, we often praise people for their aesthetic and epistemic achievements and blame them for their failures. On the other hand, it has been argued that there is something special about the moral domain, so that at least one robust kind of responsibility can only be found there. In this paper, I argue that we can adopt a unifying framework for locating responsible agency across domains, thereby capturing and explaining more of our actual practices. The key, I argue, is to identify the right conditions for being morally accountable, which I take to be a matter of having an opportunity of a good enough quality to act well. With this account in hand, I argue that we can adopt a unifying framework that allows us to recognize parallels across domains, even as it points the way to important differences among them.


Author(s):  
Kholid Masyhari

Abstract Waqf is a good deed dedicated by waqif (the person who gives waqf) to his property to nadlir (administrators / recipients of waqf) so that the object can be used by the general public. After the waqf pledge was stated by waqif, then from that moment the ownership of the object was moved to Allah, meaning that the general public now has the right to benefit the object that is represented (mauquuf). The concept that is commonly understood by society as told by the jurists (jurisprudence experts) in some literacies, that waqf is holding back property and using it in the way of Allah, said Sayyid Sabiq in his Sunnah fiqh. On the other hand this opinion is reinforced by the hadith narrated by Ibn Umar whose hadith chunks state: "If you want to, forgive the land and give the results. Then Umar converted his land in Khaibar with the understanding that it should not be sold, granted and inherited". From the statement of the hadith, the understanding was that waqf was eternal and not limited by time (ta’biid - forever). But in other literacy, it was found a statement that waqf may be limited by time (muaqqot), this opinion was stated by Imam Malik. This means that people may endow their land for a certain period of time. And even this, by him is considered legitimate as a waqf contract that is not limited by time. This paper tries to look at these two opinions and analyze them and conclude to draw the red thread caused by the law. Keywords: Endowments, Time Limits Abstrak Wakaf adalah sebuah amal shalih yang didedikasikan oleh waqif (orang yang memberikan wakaf) terhadap harta bendanya kepada nadlir (pengurus/penerima wakaf) agar benda itu bisa dimanfaatkan oleh masyarakat umum. Setelah ikrar wakaf itu dinyatakan oleh waqif, maka mulai saat itu pindahlah kepemilikan benda itu kepada Allah, artinya masyarakat umumlah yang sekarang ini memiliki hak atas manfaat benda yang diwakafkan (mauquuf). Konsep yang umum dipahami oleh masyarakat sebagai dituturkan oleh para fuqaha (ahli fiqih) dalam beberapa literasinya, bahwa wakaf adalah menahan harta dan memanfaatkannya di jalan Allah, demikian disampaikan oleh Sayyid Sabiq dalam fiqih sunnahnya. Di sisi lain pendapat ini diperkuat oleh hadist yang diriwayatkan oleh Ibnu Umar yang potongan hadist itu menyatakan :”Jika engakau mau, wakafkanlah tanah itu dan sedekahkanlah hasilnya. Lalu Umar mewakafkan tanahnya di Khaibar itu dengan pengertian tidak boleh dijual, dihibahkan dan diwariskan”. Dari keterangan hadist itu diambil pengertian bahwa wakaf bersifat abadi dan tidak dibatasi oleh waktu (ta’biid - selama-lamanya). Jurnal Iqtisad: Reconstruction of Justice and Welfare for Indonesia – Vol. 6, No 1 (2019) p-ISSN: 2303-3223; e-ISSN: 2621-640X Analisa Pendapat Ulama .... 2 Kholid Masyhari Namun dalam literasi lain ditemukan pernyataan bahwa wakaf boleh dibatasi dengan waktu (muaqqot), pendapat ini dikemukakan oleh Imam Malik. Artinya orang boleh mewakafkan tanahnya dengan jangka waktu tertentu. Dan inipun, olehnya dinilai sah akadnya sebagaimana wakaf yang tidak dibatasi dengan waktu. Tulisan ini mencoba menilik dua pendapat tersebut dan menganalisanya serta menyimpulkannya untuk menarik benang merah akibat hukum yang ditimbulkannya. Kata Kunci: Wakaf, Batasan Waktu


2017 ◽  
Vol 5 (1) ◽  
pp. 165
Author(s):  
Assist. Prof. Dr. Kazım Yıldırım

The cultural environment of Ibn al-Arabi is in Andalusia, Spain today. There, on the one hand, Sufism, on the other hand, thinks like Ibn Bacce (Death.1138), Ibn Tufeyl (Death186), Ibn Rushd (Death.1198) and the knowledge and philosophy inherited by scholars, . Ibn al-Arabi (1165-1240), that was the effect of all this; But more mystic (mystic) circles came out of the way. This work, written by Ibn al-Arabi's works (especially Futuhati Mekkiye), also contains a very small number of other relevant sources.


GEOgraphia ◽  
2010 ◽  
Vol 7 (14) ◽  
Author(s):  
Márcio Piñon de Oliveira

A utopia do direito à cidade,  no  caso específico do Rio de Janeiro, começa, obrigatoriamente, pela  superação da visão dicotômica favela-cidade. Para isso, é preciso que os moradores da favela possam sentir-se tão cidadãos quanto os que têm moradias fora das favelas. A utopia do direito à cidade tem de levar a favela a própria utopia da cidade. Uma cidade que não se fragmente em oposições asfalto-favela, norte-sul, praia-subúrbio e onde todos tenham direito ao(s) seu(s) centro(s). Oposições que expressam muito mais do que diferenças de  localização e que  se apresentam recheadas de  segregação, estereótipos e  ideologias. Por outro  lado, o direito a cidade, como possibilidade histórica, não pode ser pensado exclusivamente a partir da  favela. Mas as populações  que aí habitam guardam uma contribuição inestimável para  a  construção prática  desse direito. Isso porque,  das  experiências vividas, emergem aprendizados e frutificam esperanças e soluções. Para que a favela seja pólo de um desejo que impulsione a busca do direito a cidade, é necessário que ela  se  pense como  parte da história da própria cidade  e sua transformação  em metrópole.Abstract The right  to the city's  utopy  specifically  in Rio de Janeiro, begins by surpassing  the dichotomy approach between favela and the city. For this purpose, it is necessary, for the favela dwellers, the feeling of citizens as well as those with home outside the favelas. The right to the city's utopy must bring to the favela  the utopy to the city in itself- a non-fragmented city in terms of oppositions like "asphalt"-favela, north-south, beach-suburb and where everybody has right to their center(s). These oppositions express much more the differences of location and present  themselves full of segregation, stereotypes and ideologies. On  the other  hand, the right to  the city, as historical possibility, can not be thought  just from the favela. People that live there have a contribution for a practical construction of this right. 


Author(s):  
Ulf Brunnbauer

This chapter analyzes historiography in several Balkan countries, paying particular attention to the communist era on the one hand, and the post-1989–91 period on the other. When communists took power in Albania, Bulgaria, Romania, and Yugoslavia in 1944–5, the discipline of history in these countries—with the exception of Albania—had already been institutionalized. The communists initially set about radically changing the way history was written in order to construct a more ideologically suitable past. In 1989–91, communist dictatorships came to an end in Bulgaria, Romania, Yugoslavia, and Albania. Years of war and ethnic cleansing would ensue in the former Yugoslavia. These upheavals impacted on historiography in different ways: on the one hand, the end of communist dictatorship brought freedom of expression; on the other hand, the region faced economic displacement.


2019 ◽  
Vol 11 (3) ◽  
pp. 328-341
Author(s):  
Rifki Ismal ◽  
Nurul Izzati Septiana

Purpose The demand for Saudi Arabian real (SAR) is very high in the pilgrimage (hajj) season while the authority, unfortunately, does not hedge the hajj funds. As such, the hajj funds are potentially exposed to exchange rate risk, which can impact the value of hajj funds and generate extra cost to the pilgrims. The purpose of this paper is to conduct simulations of Islamic hedging for pilgrimage funds to: mitigate and minimize exchange rate risk, identify and recommend the ideal time, amount and tenors of Islamic hedging for hajj funds, estimate cost saving by pursuing Islamic hedging and propose technical and general recommendations for the authority. Design/methodology/approach Forward transaction mechanism is adopted to compute Islamic forward between SAR and Rupiah (Indonesian currency) or IDR. Findings – based on simulations, the paper finds that: the longer the Islamic hedging tenors, the better is the result of Islamic hedging, the decreasing of IDR/USD is the right time to hedge the hajj funds and, on the other hand, the IDR/SAR appreciation is not the right time to hedge the hajj funds. Findings Based on simulations, the paper finds that: the longer the Islamic hedging tenors, the better is the result of Islamic hedging, the decreasing of IDR/USD is the right time to hedge the hajj funds and, on the other hand, the IDR/SAR appreciation is not the right time to hedge the hajj funds. Research limitations/implications The research suggests the authority to (and not to) hedge the hajj fund, depending on economic conditions and market indicators. Even though the assessment is for the Indonesian case, other countries maintaining hajj funds might also learn from this paper. Originality/value To the best of author’s knowledge, this is the first paper in Indonesia that attempts to simulate the optimal hedging of hajj funds.


1978 ◽  
Vol 10 (3) ◽  
pp. 193-208
Author(s):  
Dennis A. Rubini

William of Orange tried to be as absolute as possible. Inroads upon the power of the executive were fiercely resisted: indeed, William succeeded in keeping even the judiciary in a precarious state of independence. To maintain the prerogative and gain the needed supplies from parliament, he relied upon a mixed whig-tory ministry to direct court efforts. Following the Glorious Revolution, the whigs had divided into two principle groups. One faction led by Robert Harley and Paul Foley became the standard-bearers of the broadly based Country party, maintained the “old whig” traditions, did not seek office during William's reign, tried to hold the line on supply, and led the drive to limit the prerogative. The “junto,” “court,” or “new” whigs, on the other hand, were led by ministers who, while in opposition during the Exclusion crisis, held court office, aggressively sought greater offices, and wished to replace monarchy with oligarchy. They soon joined tory courtiers in opposing many of the Country party attempts to place additional restrictions upon the executive. To defend the prerogative and gain passage for bills of supply, William also developed techniques employed by Charles II. By expanding the concept and power of the Court party, he sought to bring together the executive and legislative branches of government through a large cadre of crown office-holders (placemen) who sat, voted, and directed the votes of others on behalf of the government when matters of importance arose in the Commons. So too, William claimed the right to dissolve parliament and call new elections not on a fixed date, as was to become the American practice, but at the time deemed most propitious over first a three-year and then (after 1716) a seven year period.


1990 ◽  
Vol 15 (1) ◽  
pp. 18-28
Author(s):  
Katharine Worth

The Irish Literary Theatre, from which a new Irish theatre was to develop, came to birth at the very point when Ibsen was about to depart from the European theatrical scene. His last play, When We Dead Awaken, appeared in 1899, the year in which Yeats's The Countess Cathleen and Edward Martyn's The Heather Field were produced in Dublin. They were the first fruits of the resolve taken by the two playwrights, with Lady Gregory and George Moore, to ‘build up a Celtic and Irish school of dramatic literature’ and they offered decidedly different foretastes of what that ‘school’ might bring forth. Yeats declared himself an adherent of a poetic theatre that would use fantasy, vision and dream without regard for the limits set by the realistic convention. Martyn, on the other hand, was clearly following Ibsen in his careful observance of day-to-day probability. The central symbol of his play, the heather field, represents an obscure psychological process which might have received more ‘inward’ treatment. But instead it is fitted into a pattern of social activities in something like the way of the prosaically functional but symbolic orphanage in Ghosts.


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