scholarly journals JOSÉ MARÍA VARGAS VILA, DEFENSOR DE LA CONSTITUCIÓN DE RIONEGRO

AFEL ◽  
2019 ◽  
pp. 15-27
Author(s):  
Consuelo Triviño Anzola

After the independence and the creation of the New Granada in 1819, the young Latin American republics continued faced disputing power. The caudillos spent their energies in partisan struggles because personal, group, class and ethnic interests overlapped, often under romantic formulations. Between chaos and order, 14 constitutions were drafted in Colombia until reaching the Rionegro Constitution of 1863. Promulgated by the leaders of Radical Liberalism, it went too far in its pursuit of utopia. Federalism, defense of individual freedoms, abolition of the death penalty, freedom of press and separation of the Church and the State are some of its most important conquests, but the consequences of its extremes triggered bloody civil wars. In the heat of these disputes arises José María Vargas Vila (1860-1933), the famous pamphleteer, who enlisted in the ranks of Radical Liberalism defending constitutional rights. This article exposes the position of a Colombian liberal intellectual in face of period called Regeneration that seeks to impose peace and order in Colombia restricting the freedoms and rights granted by the Rionegro Constitution.

Author(s):  
Héctor Fernández L’Hoeste ◽  
Juan Carlos Rodríguez

In this chapter, Gimena del Río Riande, the Argentine researcher based at the National Scientific and Technical Research Council (CONICET), talks about the state of the digital humanities in Argentina and the potential implications and promise of digital research in Latin American academia. She explains the specific challenges in the region and how technologies are playing a defining role in the reshaping of Latin American humanities at the dawn of the 21st century. As expected, the way in which the humanidades digitales developed in Spanish-speaking countries differs significantly from that of the Anglophone digital humanities. These differences can be found not only in the language that communicates research—all the different variants of Spanish—but also in the topics, methods, and tools, due to the diverse academic, cultural, and economic contexts. To illustrate this, Gimena del Río tells us how she started working in 2013 on the creation of a digital humanities community in Argentina, the Asociación Argentina de Humanidades Digitales (AAHD), and the digital humanities projects she is currently coordinating.


2013 ◽  
Vol 93 (1) ◽  
pp. 67-98 ◽  
Author(s):  
Roberto Di Stefano

Abstract Beginning with the dissolution of colonial Christendom, the development of church property has been closely tied to processes of secularization in Latin American countries. This process is to be understood not as the marginalization of religion but as the restructuring of religious matters in modern societies. The practice of lay patronage—which was common in America, as it was in Europe for centuries—channeled family wealth into the financial support of certain institutions, which in turn allowed lay patrons to intervene in decisions about religious life. In the case of Buenos Aires such properties were absorbed or expropriated during the nineteenth century as part of a process of centralization, in which local church authorities, the papacy, and the state all participated. Thus in Buenos Aires the process of disentailment of church property did not involve the transfer of property from the church to the state, as might be supposed by extrapolating from the liberal reforms that took place in other countries. Rather, there was a process of appropriation by the state and by the church of property and managerial authority that had previously been held by families and various local institutions. It is worth asking if this phenomenon was unique to Buenos Aires, or if it can be generalized in some measure to other parts of the Hispanic world.


1995 ◽  
Vol 52 (2) ◽  
pp. 175-210 ◽  
Author(s):  
Victor M. Uribe

Simón Bolívar, soon to become an icon of Latin American independence, wrote a celebrated document, dated from Kingston, his place of temporary exile, on September 6, 1815. Bolívar's document, later known as the Jamaica Letter, made prophesies for Latin America's future, appraised its contemporary political conditions, and justified the region's current rebellions against the Spanish crown. Chief among the justifications for rebellion was the exclusion of American-born Spaniards, or creoles, from administration, government, and politics. Wrote Bolívar:We were cut off and, as it were, virtually removed from the world in relation to the science of government and administration of the state. We were never viceroys or governors, save in the rarest instances; seldom archbishops and bishops; diplomats never; as military men, only subordinates; as nobles, without royal privileges. In brief, we were neither magistrates nor financiers.


Author(s):  
Theodore G. Van Raalte

Soon after Chandieu began to serve the church of Paris as co-pastor, his skills in law came to the fore with the creation of a church order, the Discipline ecclesiastique (1559). In 1565 the French Reformed churches, meeting in a synod, asked Chandieu to defend the authority of the consistory over against the congregationalist views of Jean Morély. The resulting work, the Confirmation de la discipline ecclesiastique (1566), exhibits a series of scholastic motifs that are studied. Another work, from 1567, defends the teachings of John Calvin in the form of a scholastic disputation, yet it is rather expansive and rhetorical in its prose. Study of these works establishes the state of Chandieu’s scholastic method early in his career.


2020 ◽  
pp. 49-58
Author(s):  
Natalia V. Vorobeva ◽  

The article discusses the state-confessional policy in Omsk region in the 1950–60s on the example of reports of the plenipotentiary of the Council for Religious Affairs under the Council of Ministers of the USSR in Omsk Region. The source base was the funds of the State Archive of the Russian Federation – the P-6991 fund, inventory 3 “The Council for Religious Cults under the Council of Ministers of the USSR. 1944–1960”, which examined the reports of the plenipotentiary of the Council for Religious Cults under the Regional Committee of the CPSU for Omsk Region, as well as documents from the funds of the State Historical Archive of Omsk Region, which provide comparative data on actual religious communities and groups in Omsk Region for the 1950–1960s. Attention is paid to religious identity, methods for its identification by the Soviet official and local authorities. The problems of ethnocultural identity of the Mennonite Germans of Omsk Region are examined: the issues of creating autonomy and mass relocations to the Kazakh SSR in the late 1960s. It raises questions of Soviet identity and religiosity, as well as the problem of violations of the constitutional rights of believing Soviet citizens, in particular Article 124 of the Constitution. Particular attention is paid to issues of religious and anti-religious propaganda during the “Khrushchev persecution” of the church and marking the religious worldview as marginal


2019 ◽  
Vol 2 (1) ◽  
Author(s):  
Ni Nyoman Fransiska M.Th

This paper discusses the political attitudes of Christians towards politics in Indonesia. Christians have been actively involved in the resistance movement against the Dutch colonialists, participated in establishing the country, formulated ideology and ratified the 1945 Constitution, participated in maintaining Indonesia's independence through the war of independence and played an active role in building the Indonesian nation. The state was created by God to carry out its function of creating justice, protecting and serving society. Therefore Christians are also called to participate in the creation of Peace (Welfare) in the country, because in a prosperous and peaceful country, the church can live better (Jer.29: 7).


2015 ◽  
Vol 18 (1) ◽  
pp. 53-61
Author(s):  
Colin Buchanan

A title such as this hardly suggests one is breaking new ground. But I edge into print on the subject, stirred by the interesting Speaker's Lecture given by the outgoing Second Estates Commissioner, Sir Tony Baldry, in December 2014, and published in the May 2015 edition of this Journal. It reads as the enthusiastic, even romantic, expression of the State–Church relationship by an almost doctrinaire establishmentarian; and I use the word ‘doctrinaire’ deliberately, for I have spent a lifetime of bumping up against leaders of both Church and State, from Enoch Powell to George Carey (let alone Derek Pattinson and Philip Mawer), who exude a firm conviction that the establishment of the Church of England is entrenched somewhere in the Apostles' Creed. Sir Tony continues in this tradition as he serenely asserts ‘We come then to the reign of Henry VIII. I think the important point here is that the Church of England is the creation of Parliament.’ But would not Augustine, Anselm and the drafters of Magna Carta (who are cited in Baldry's previous paragraph) all be turning in their graves? And what apoplexy would have come upon Newman, Pusey and Keble to have learned that their Church was thus created? Or, more to the point, is the ecclesiastical action of Parliament in the days when church and nation were co-terminous of any relevance to whether and how an unbelieving Parliament should hold control of a Christian body today? However, it is his brief section on ‘Parliament and Anglican liturgy’ which prompted the present submission.


2015 ◽  
Vol 25 (2) ◽  
pp. 27-56 ◽  
Author(s):  
Leah Knight

This paper investigates the experiences of Anne Clifford (1590–1676) with three controversial books: the anonymous libel known as Leicester’s Commonwealth; the Jesuit Robert Parsons’ Resolution (and its Protestant adaptation by Edward Bunny); and François De Sales’ Introduction to a Devout Life. Clifford’s unorthodox choice of reading material in these cases appears to jar with ideas about what an early modern woman — loyal to the Church of England and to the state, even through the political and religious uproar of England’s civil wars — could, would, or did read: all three titles were “popish,” one was seditious, and two saw many copies burned before Clifford obtained her own. Evidence for Clifford’s reading of these works is set in the context of her own wider habits and circumstances to understand her motives for attending to such seemingly controversial materials. The paper concludes that Clifford’s attention to these books does not likely reflect any divergence from her avowed orthodoxy, and unveils the likelihood of other motives for her engagement, such as genealogical research.


Author(s):  
Barbara Zielińska-Rapacz

The doctrine of habeas corpus is that no one should be imprisoned contrary to the law of the land. The habeas corpus review is used as a form of inquiry issued to test whether a conviction or restraint is lawful. However, before having a chance to present their case before a federal forum, state prisoners have to fulfill the state’s gatekeeping requirements, such as the exhaustion of all available state remedies, requirements of the Anti-Terrorism and Effective Death Penalty Act, and the absence of procedural default. Procedural default arises when the state court declines to address a prisoner’s federal claims because the prisoner failed to meet a state procedural requirement. To overcome the procedural default the petitioner has to satisfy the “cause-and-prejudice test.” In many cases the fulfillment of the “cause” element is often based on the claim of ineffective assistance of counsel. To prove the ineffective assistance of counsel, the petitioner has to satisfy the test consisting of two prongs: establishing the deficient performance of counsel and demonstrating that the deficient performance prejudiced the defense. In federal proceedings the rule is to raise the claim of the ineffective assistance of counsel in the collateral review. However, the right to a counsel does not extend to collateral attacks upon conviction, including a post-conviction appeal. Moreover, the counsel’s deficient performance does not constitute a basis for a procedural default reversal in the post-conviction claim. The abovementioned assertation may pose a question: what happens when the defendant is eligible to raise the ineffective assistance of counsel claim only in the collateral proceeding and the counsel representing the defendant in such a proceeding does not raise the claim?The Supreme Court resolved this matter in the decision from the Martinez v. Ryan case. The Court allowed for treating inefficient assistance of post-conviction counsel as a cause that could reverse procedural default. Taking into consideration the amount of ineffective assistance of counsel claims in habeas corpus review, the Martinez v. Ryan case may influence a fair amount of individuals seeking their constitutional rights and give them their last chance to contest unfair conviction.Nieefektywna pomoc obrońcy jako przesłanka wniosku o habeas corpus w postępowaniu po skazaniu Wniosek o habeas corpus jest środkiem, który umożliwia osobie pozbawionej wolności zbadanie przez sąd legalności jej skazania. Przed skorzystaniem z tej możliwości skazany powinien wyczerpać wszelkie możliwe środki służące ponownemu zbadaniu legalności skazania, przysługujące mu na podstawie prawa stanowego. Ponadto wnioskodawca powinien uczynić zadość wszelkim stanowym przepisom proceduralnym. W wypadku niezadośćuczynienia temu obowiązkowi sąd stanowy nie rozpozna wniosku, chyba że wnioskodawca udowodni, iż nie mógł spełnić wymogów proceduralnych z powodów, na które nie miał wpływu. Wnioskodawcy w takiej sytuacji bardzo często powołują się na nieefektywną pomoc obrońcy. Zasadą jest, iż na nieefektywną pomoc obrońcy w postępowaniu przed sądem federalnym można powołać się poza postępowaniem głównym obejmującym rozpoznanie sprawy w I i II instancji. Prawo do obrony zagwarantowane w szóstej poprawce do Konstytucji Stanów Zjednoczonych nie rozciąga się jednak na postępowania poza postępowaniem głównym. Skazani nie mogą zatem powołać się na nieefektywną pomoc obrońcy, aby odwrócić stan niezadośćuczynienia obowiązkom proceduralnym wynikającym z prawa stanowego. Taki stan rzeczy budził wiele wątpliwości. W wypadku gdy pełnomocnik wnioskodawcy w postępowaniu poza postępowaniem głównym nie powoła się na nieefektywną pomoc obrońcy, który reprezentował skazanego w postępowaniu w I lub II instancji, wnioskodawca nie będzie mógł później wnosić o habeas corpus na tejże podstawie, gdyż wymagania proceduralne prawa stanowego nie zostały spełnione.Do tego problemu odniósł się Sąd Najwyższy w orzeczeniu w sprawie Martinez v. Ryan. Sąd dopuścił możliwość powołania się przez wnioskodawcę na nieefektywną pomoc obrońcy w postępowaniu poza postępowaniem głównym jako przesłankę niemożności zaspokojenia wymogów proceduralnych postępowania przed sądem stanowym. Biorąc pod uwagę, iż w ponad połowie postępowań związanych z wnioskiem o habeas corpus wnioskodawcy powołują się na nieefektywną pomoc obrońców, orzeczenie to ma ogromny wpływ na doktrynę habeas corpus.


2016 ◽  
Vol 25 (4) ◽  
Author(s):  
Fatima Maria Da Silva Abrão ◽  
Tânia Cristina Franco Santos ◽  
Amanda Regina da Silva Góis ◽  
Rezilda Rodrigues Oliveira

ABSTRACT The aim of this study was to analyze how the creation of the Medalha Milagrosa Nursing School took place in 1945. This is a socio-historical study that uses an analytical strategy anchored in Pierre Bourdieu's thought. Primary and secondary sources were used. As a result, the central role of the New State (Estado Novo) and its historically authoritarian interpenetration in the societal and economic spheres are discussed, as well as the process through which the field of forces and struggles was constructed by the players during the movement to create this school. In the organizational and bureaucratic field, disputes between the State, the Church, and the academic environment are observed. There is evidence related to the innovation that this school meant in the fields of health and education, as well as to actions taken by the players who created it according to the patterns of modern nursing.


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