scholarly journals Privatization of Rights in the Nineties: The Role Of Political Municipal Education

2004 ◽  
Vol 12 ◽  
pp. 2 ◽  
Author(s):  
João Dos Reis Silva Júnior
Keyword(s):  
Civil Society ◽  
Political Role ◽  
Short Essay ◽  
Do So

The goal of this short essay is to study the reforms and political role of the Brazilian process of educational municipalization as well as to analyze some of the changes developed in the space of civil society. To do so, this study analyzes the main documents which oriented and were produced for the reform.

scholarly journals Gustav Klimt’s “Jurisprudenz”: law, public sphere and sovereign violence

2019 ◽  
Vol 5 (1) ◽  
pp. 37-68
Author(s):  
Rafael Lazzarotto Simioni
Keyword(s):  
Public Sphere ◽  
Three Dimensions ◽  
Democratic Participation ◽  
Visual Narrative ◽  
Greek Mythology ◽  
Political Role ◽  
Ambivalent Relationship ◽  
Creative Construction ◽  
Do So

This research aims at discussing a possible reading of Gustav Klimt’s painting "Jurisprudenz", from a juridical perspective, in order to explain its potential of meaning regarding the relation between law, sovereign violence and public sphere in peripheral countries like Brazil. In order to do so, this paper is based on three analytical aspects, which are deeply interconnected: The Renaissance’s revival of pagan Antiquity, Freud’s psychoanalysis, and the ambivalent relationship between Law and sovereign violence. Klimt articulates these three dimensions through a) elements of Greek mythology; b) in a Freudian dream-like atmosphere; c) placing the observer in the political role of one of its main characters. Methodologically, this research identifies the references of Klimt at his lifetime and proposes a dialog with the previous interpretations and reflections made by Schorske, Minkkinen, Rodriguez and Manderson, among other authors that dedicated themselves to study the "Jurisprudenz" of Klimt. "Jurisprudenz" presents a visual narrative that allows one to understand the rupture of the cogito self by the desire self (Freud), the exception/sovereign violence of Law (Schmitt, Benjamin, Agamben), and the creative construction of the Law by democratic participation in new forms of public sphere (Habermas).

scholarly journals Mind the Gap: A Systematic Approach to the International Criminal Court’s Arrest Warrants Enforcement Problem

2018 ◽  
Author(s):  
Nadia Banteka
Keyword(s):  
Civil Society ◽  
Law Enforcement ◽  
Systematic Approach ◽  
External Pressure ◽  
Development Aid ◽  
Political Role ◽  
The Us ◽  
Improve Compliance ◽  
Positive Inducements ◽  
Do So

ICCTs have been established on a belying enforcement paradox between their significant mandate and their inherent lack of enforcement powers due to absence of systemic law enforcement. This article is premised on the idea that ICCTs fail to procure substantial results due to their delusive persistence in rejecting the factoring of politics in their operation. Thus, I suggest a perspective for arrest warrant enforcement that not only recognizes the relevance of politics but also capitalizes on it. Accordingly, I argue that by fully comprehending its enforcement tools and making use of its political role, the ICC may increase its rates in the apprehension of suspects, and therefore secure higher levels of judicial enforcement. Based on different compliance theories, I argue that the Office of The Prosecutor of the ICC (OTP) can improve compliance with ICC arrest warrants by making use of third states and non-state actors. In Part I, I address the way states and international actors may assist the OTP towards unwilling to arrest states through inducements, reputational sanctions, and support for enforcement agencies. I propose that external pressure in the form of positive inducements (membership, development aid) or negative inducements (travel bans, asset freezes) as well as condemnation and reputational damage towards non-compliant states, are likely to increase compliance with arrest warrants. In Part II, I examine a strategy for the OTP towards states that are willing to arrest but are unable to do so. In these cases, the OTP would benefit from improving its institutional capacity to identify and use overlapping interests with activist states in the field of human rights and international justice through the establishment of a diplomatic arm within its Jurisdiction, Complementarity and Cooperation Division (JCCD). I unpack the question of what this engagement may look like by examining such a potential relationship between the US and the ICC. Finally, in Part III, I focus on the instances, where civil society has the ability to influence third states or situation states to assist in the execution of arrest warrants. I argue that the OTP ought to include more actively different actors within the global civil society, such as NGOs, transnational networks, and individuals, during its bargaining efforts.

The Need to Reform the Political Role of the African Union in Promoting Democracy and Human Rights in Domestic States: Making States More Accountable and Less Able to Avoid Scrutiny at the United Nations and at the African Union, Using Swaziland to Spotlight the Issues

2018 ◽  
Vol 26 (1) ◽  
pp. 84-107 ◽  
Author(s):  
Jeremy Sarkin
Keyword(s):  
Human Rights ◽  
United Nations ◽  
The Political ◽  
African Union ◽  
Periodic Review ◽  
Political Role ◽  
Universal Periodic Review ◽  
The United Nations ◽  
Do So

This article examines how effective the African Union (AU) has been in pushing states to be more democratic in nature and to respect, protect, fulfil and promote the human rights of their inhabitants. It reviews the political role of the AU in this regard using the situation in Swaziland to do so. The article also examines Swaziland at the United Nations’ Universal Periodic Review (UPR) process as a comparative tool.

scholarly journals THE FINANCES OF THE CIVIL SOCIETY IN UKRAINE: KEY TRENDS, MODELS AND OBSTACLES IN ACHIEVING SUSTAINABILITY

2019 ◽  
Keyword(s):  
Civil Society ◽  
Social Entrepreneurship ◽  
Local Level ◽  
Legal Framework ◽  
Civil Society Organizations ◽  
Political Environment ◽  
Anglo Saxon ◽  
Political Role ◽  
The Social

The financial viability is one of the most important element in achieving sustainability for a civil society, especially in post-Socialist states of Eastern and Central Europe. Despite positive assessments of the role and potential of civil society in Ukraine from scholars and analysts and comparatively high score of civil society organizations’ sustainability index taking in comparative perspective for a whole region, its financial capabilities remains its weakest part during decades of Ukrainian independence. Having comparatively friendly legal and political environment and achieving some impressive results in advocacy, building coalitions and networks and enhancing its organization capabilities Ukrainian CSOs still remain dependant from international donors. Some shifts in financial resilience of civil society demands not only efforts from its side, but finding a consensus with a state on the model to achieve. Three typical models of interrelations by civil society and government, emerged in contemporary Europe are provided, they could be distinguished based on the social and political role of CSOs and their functions in public services provision. These models based on the scales of institutionalization and level of independence of civil society relatively to the authorities and include Social-democratic (Scandinavian), Liberal (Anglo-Saxon) and Corporativism (Continental) types. Ukrainian civil society, regardless achievements in organizational capacities and sectoral infrastructure, still remains in the «emerging» transitional spot due to the extremely small amount of public funds it attracts and based on uncertainty of its role on national and local level. Perspective destinations for civic-state dialogue are emphasized, among which there are finding the consensus of desired model and adopting new National Strategy of Stimulation Civil Society in Ukraine for next five years, changes in legal framework for local self-government, social entrepreneurship, taxation of charity and means earned by CSO themselves and establishing new practices and institutions for public financing of CSOs on national and regional levels.

scholarly journals Det samiske sivilsamfunnet i Sametinget og i samepolitikken1

2021 ◽  
pp. 101-138
Author(s):  
Per Selle ◽  
Kristin Strømsnes
Keyword(s):  
Civil Society ◽  
Political System ◽  
Civil Society Organizations ◽  
The Political ◽  
Political Role ◽  
Democratic System ◽  
Advocacy Role ◽  
And Control ◽  
The Relationship

A vibrant civil society is important in a democratic system, and society’s contact with, opposition to and control of the political system is crucial for the democratic system to survive. In this chapter we look at the relationship between the Sámi Parliament and Sámi civil society from several perspectives: those of the party leaders and representatives, the civil society organizations, and the voters. We find that Sámi interest and participation in civil society is at the same level as that of the population at large when we measure participation in Sámi and Norwegian organizations combined. We also find that the level and type of contact between the parties represented in the Sámi Parliament and Sámi civil society organizations is limited, and that little points to these organizations having an important advocacy role. Their control and opposition role is weak. We conclude that the political role of Sámi civil society is weak and challenging for the Sámi political system and democracy.

Hegel's Complete Views on Crime and Punishment

2018 ◽  
Vol 4 (4) ◽  
pp. 525-544
Author(s):  
ANDREW KOMASINSKI
Keyword(s):  
Civil Society ◽  
Social Philosophy ◽  
Ethical Life ◽  
Contemporary Debate ◽  
Dialectical Structure ◽  
Crime And Punishment ◽  
Philosophy Of Right ◽  
Do So

AbstractIn this article, I argue that Hegel's complete and mature view of crime and punishment is more robust than many interpretations of theUnrechtpassage in the ‘Abstract Right’ section of Hegel'sElements of the Philosophy of Rightsuggest. First, I explain the value of revisiting the interpretation of Hegel as a simple retributionist in the contemporary debate. Then, I look at Hegel's treatment of crime and punishment in the section on abstract right to show the role of punishment in Hegel's account. Next, I argue that this needs to be situated in Hegel's broader social philosophy and that we can accomplish this by looking at how theUnrechtpassage fits in theElements of the Philosophy of Right’s dialectical structure. I do so by building on the sections on civil society and state in the part ofElements of the Philosophy of Rightdealing with ethical life(Sittlichkeit), which include considerations of prevention and rehabilitation. I contend that this analysis reveals an account of punishment as more complicated than simple retribution.

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