scholarly journals MASA DEPAN KEHIDUPAN BERAGAMA DAN KEARIFAN BUDAYA LOKAL: Studi terhadap Pemikiran Abdurrahman Wahid Mengenai Asal Usul Peradaban Islam Dan Implikasinya Di Masa Mendatang

2012 ◽  
Vol 13 (2) ◽  
pp. 337
Author(s):  
M. Shofiyyuddin

This article elaborates abdurrahman wahid’s concept about the origin of  islamic civilization. Islam humanist, in the view of gusdur, is the view of history that  describes so close to reality in past. History that is not to see the past in mythic and humanity. Someone’s view of the past as it is, is going to determine one’s outlook on the future. Respect and careful consideration based on factual condition of socity is formed by knowledge and concept about the  history around him. Finally, Islam humanist is Islam that remarkes human rights, fair and equal before the law, defending minority, and also toleration to the local wisdom or native ways of religion.

2016 ◽  
Vol 22 (2) ◽  
Author(s):  
George Kouvaros

In his final unfinished book on the writing of history, Siegfried Kracauer wonders about his increasing susceptibility to ‘the speechless plea of the dead’. ‘[T]he older one grows, the more he is bound to realize that his future is the future of the past—history.’ For the children of migrants, the question of how to speak well of the dead is distinguished by complex feelings of attachment and rejection, identification and denial that are expressed in a range of everyday interactions. ‘The Old Greeks’ examines the part played by photographic media in this process of memorialisation. It elaborates a series of propositions about the value of photographic media that are tested through a consideration of the events that surrounded the author’s first years in Australia.


2012 ◽  
Vol 40 (114) ◽  
pp. 61-76
Author(s):  
Bertel Nygaard

KARL MARX AND THE UTOPIAN POTENTIALS OF THE PAST | Karl Marx explicitly situated modern emancipation struggles in the present rejecting the power of the past over the presentalong with utopian schemes for the future. But a closer study of his position reveals that his notion of the present was remarkably open towards aspects of the past and potentials for future alternatives, as long as these were conceived from – and as moments within – present struggles. Thus, his rejection ofcertain visions of past and future was mainly a critique of specific ideological configurations characteristic of modern bourgeois society, including reified notions of the past, history and temporality. From this critique we may derive a fruitful, discerning approach to the complex interrelations of utopia, ideology, past, present and future, founded on a critical reconstruction of the category of time as a differentialsocial relation, persistently constructed and reconstructed through conflictual social agency.


Author(s):  
Gráinne de Búrca

This chapter reflects on the lessons to be derived from the advocacy campaigns in Pakistan, Argentina, and Ireland discussed in earlier chapters. Insights drawn from those campaigns are used to refine the experimentalist account of human rights advanced in Chapter 2, particularly as regards the importance of social movements and of building broad social support for human rights campaigns. The remainder of the chapter describes five major challenges of the current era—illiberalism, climate change, digitalization, pandemics, and inequality—and considers the difficulties they pose for the experimentalist account of human rights advocacy. It argues that the experimentalist practice of human rights advocacy is reasonably resilient and adaptive, and that internal contestation from within the human rights movement as well as external critiques have already helped to catalyze reform and to push activists and advocates to think more innovatively about the changes needed to strengthen the ability of the movement to engage with these major challenges in the future. It concludes that in a turbulent era, rather than abandon human rights, we should redouble our efforts to bolster, renew, and reinvigorate a movement that has galvanized constituencies and communities around the globe to mobilize for a better world.


Contract Law ◽  
2020 ◽  
pp. 245-258
Author(s):  
Ewan McKendrick

Requirements of form (such as writing) are not as important today as they were in the past. As a general rule, contracts can be made in any form and can be proved by any means, although there remain exceptional cases where the law does insist upon requirements of form. This chapter, which considers the reasons for continued reliance upon requirements of form, along with the criticisms levelled against such requirements, begins by explaining why legal systems impose formal requirements upon contracting parties. It then outlines the formal requirements in English contract law, followed by a discussion of the future of formal requirements, noting the distinction between cases where the contract must be made in writing and cases in which contracts must be evidenced in writing.


Author(s):  
Ewan McKendrick

Requirements of form (such as writing) are not as important today as they were in the past. As a general rule, contracts can be made in any form and can be proved by any means, although there remain exceptional cases where the law does insist upon requirements of form. This chapter, which considers the reasons for continued reliance upon requirements of form, along with the criticisms levelled against such requirements, begins by explaining why legal systems impose formal requirements upon contracting parties. It then outlines the formal requirements in English contract law, followed by a discussion of the future of formal requirements, noting the distinction between cases where the contract must be made in writing and cases in which contracts must be evidenced in writing.


Author(s):  
Rhona K. M. Smith

This chapter outlines the future agenda for international human rights and provides an overview of some issues that are likely to characterize the evolution of international human rights in the future. These include non-State actors, including businesses. Environmental rights are also considered. The chapter also suggests that State responses to the threat of terrorism must be proportionate to said threat and must be in accordance with the law, respecting fundamental rights and freedoms.


Matatu ◽  
2018 ◽  
Vol 50 (1) ◽  
pp. 60-80
Author(s):  
Marie Kruger

AbstractConstitution Hill, a unique and hybrid memorial site in the centre of Johannesburg, commemorates the violence of apartheid in the city’s infamous prison complex. Based on a series of workshops with former inmates and prison staff, the permanent exhibitions emphasize the importance of personal objects and testimonials for understanding the human rights violations of the past and their significance for the present and the future. In response to Yvonne Owuor’s appeal to remember the vulnerability of those human bodies who no one “[has] bothered to mention, to mourn”, my article attempts to map a new path towards responsible forms of spectatorship as we walk through the former Women’s Jail and listen to the witness accounts of Deborah Matshoba and Nolundi Ntamo.


2020 ◽  
Vol 8 (2) ◽  
pp. 111-133
Author(s):  
Donald Kerwin

Executive Summary This research was conducted at the request of the International Catholic Migration Commission (ICMC) as part of a two-year special initiative entitled “The Future of Work, Labour After Laudato Sì.” 1 This article explores the future of work, international migration, and the intersection of the two at a time of rapid change, uncertainty, and disruption for migrants, laborers, and their families and communities. It draws on human rights principles, international law, and religious values, particularly from the Catholic tradition, to chart an ethical approach to the governance of these timeless phenomena. What does the future hold? Under one dystopian scenario, the future of work will be characterized by massive job loss due to automation, robotics, and artificial intelligence. Politicians and business leaders will characterize the resulting human displacement as an unavoidable “disruption” and byproduct of change. Euphemisms, however, will poorly mask the loss of livelihood, self-esteem, and a central marker of identity for countless persons, particularly the poor and vulnerable. Technological advances will decimate families, communities, and entire ways of life. For many, stable work will become a thing of the past, and technology an instrument of marginalization and discrimination. Algorithms will be used to “perpetuate gender bias” ( ILO 2019a , 35), pit workers against each other, and squeeze the maximum productivity from them for the minimum compensation. The “inappropriate use” and “weak governance” of algorithms will lead to “biases, errors and malicious acts” ( Albinson, Krishna, and Chu 2018 ). Large swaths of the world’s citizens will become (at best) the unhappy dependents of states and global elites. The future of migration seems equally daunting. Current trends suggest that the number of international migrants will continue to rise due to job displacement, violence, natural disaster, and states that cannot or will not meet their fundamental responsibilities. If the past is prologue, unscrupulous politicians and media sources will also continue to blame migrants for the economic and cultural displacement of their constituents, xenophobia will increase, and migrants will encounter hostility in host communities. Natives will criticize their governments and institutions for failing to protect their interests and needs, and migrant laborers will be caught in the middle. This article does not minimize the urgency of the challenges presented by migration and work. It documents the unacceptable living, working, and migration conditions of immense numbers of the world’s citizens. It offers, however, a more optimistic vision of the future than the dystopian view, a vision characterized by international cooperation and solidarity. It recognizes the potential of technology “to render labour superfluous, ultimately alienating workers and stunting their development,” but also its potential to “free workers from arduous labour; from dirt, drudgery, danger and deprivation” and “to reduce work-related stress and potential injuries” ( ILO 2019 , 43). It recognizes the way in which fear of displacement can lead to exclusionary nationalism and xenophobia, but also the possibility of unity based on the shared values embedded in the cultures of diverse persons. It recognizes the costs of migration, but also its immense contributions to host communities. The article argues for person-centered systems and policies that promote the freedom, rights, and dignity of workers, migrants, and migrant workers, and that strengthen migrant host communities. It begins by examining the challenges facing low-income and vulnerable migrants who struggle for decent work, are the most likely to lose their jobs, and are “the least equipped to seize new job opportunities” ( ILO 2019 , 18). 2 It then presents an ethical, person-centered vision of migration and work, rooted in human rights principles, international law, and Catholic social teaching. The article also draws on principles articulated in the Global Compact on Safe, Orderly and Regular Migration (GCM); the Global Compact on Refugees (GCR); and the Holy See’s Twenty Action Points for the Global Compacts. It ends with a series of recommendations that seek to bring this vision to fruition.


1989 ◽  
Vol 23 (2-3) ◽  
pp. 216-279 ◽  
Author(s):  
Mordechai Kremnitzer

The principal significance of the Landau Commission Report lies in its conclusion that, under the provisions of the necessity defence, the exertion of a moderate measure of physical pressure is both justifiable and permissible in the interrogation of persons suspected of hostile terrorist activity (HTA). This conclusion extends both forward to the future and backward to the past. For the future, it licenses the employment of physical pressure in such investigations; as to the past, it lends significant support to another of the Commission's conclusions, that no proceedings be instituted against persons who were found by the Commission to bear prima facie responsibility for serious criminal offences (i.e., perjury at the very least). In my opinion, the Commission's central conclusion and its implications are unjustified. It is based upon factual findings and evaluative judgments which are, as I shall attempt to demonstrate, problematic.Before embarking, however, I should like to sketch a synoptic view of the Report for the reader, which will then enable me to expand upon the connection between the Commission's factual and evaluative findings and its normative conclusions. Regarding the facts, the Commission determined that: 1) GSS interrogators had systematically employed physical pressure on HTA suspects; and 2) interrogators had lied about this fact to the courts. The Commission's normative conclusions were that it is permissible to employ physical pressure in HTA interrogations, but forbidden to lie to the court.


2017 ◽  
Vol 10 (3) ◽  
pp. 38
Author(s):  
Bahman Akbari

In the present era, providing human rights represents the governance quality of a government and human rights treaties are criteria for its assessment. Also the UN human rights conventions, because of their international nature in the past seven decades, have been the main representative to reflect man's fundamental demands. Now the main question is that to what extent these conventions are remarkable and effective in order to explain and guarantee human rights in the international arena? The author believes that the conventions are the most important international mechanisms to identify human rights which compared to the past history of mankind have offered the most comprehensive international regulations in order to reflect the fundamental human rights. But then, two main factors undermined the effectiveness of the conventions. The first factor is intratextual drawbacks of the conventions which are divided into three drawbacks: reservation, withdrawal and arbitrary essence of accepting the committees’ competence. The second and more important factor is the reasons out of the conventions which are divided into two categories: the doctrine of privity of contract and disobedience by some governments under the ideological or moral reasons. The first factor can be addressed by the secondary amendments. However, the big challenge is the second factor which mechanism to settle it are to inform the international community about the importance of the UN human rights conventions, creating intersubjective understanding and eventually accepting the supremacy of international human rights over internal law.


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