scholarly journals A sociedade em Zygmunt Bauman, a escola e o direito educativo em tempos de liofilização do espaço público

2020 ◽  
pp. 1-24
Author(s):  
Vanessa Dal Canton ◽  
Iarana de Castro Gigoski ◽  
Luci Mary Duso Pacheco
Keyword(s):  
Public Space ◽  
Access To Information ◽  
Right To Education ◽  
The Public ◽  
Zygmunt Bauman ◽  
Space And Time ◽  
Teaching Function ◽  
The Individual ◽  
The Right

This article aims to understand the rationalities of solid and liquid society characterized by Zygmunt Bauman as metaphors of modernity, relating them to the school and the concept of right to education in times of lyophilisation of the public space. The article consists of a bibliographic research and it discusses the characterization of society in order to decrease the public space. It also problematizes this context based on the concepts of school and the right to education. In this scenario, space and time are reconfigured, announcing another rationality. The virtuality of a networked world made it possible for time to become a mechanism in the conquest of space. Regarding education, in solid modernity, the formation of individuals had as its purpose an education for the whole life, which no longer applies, in Bauman's understanding, in a liquid society. Just as the teaching function represented true and unquestionable knowledge, today it gains a different connotation, given that the power of globalized relations democratized access to information and knowledge. Liquidity announces the centrality of the individual in an increasingly smaller public space, in which it is necessary to discuss about the right to education, this being the set of norms that precepts and regulates the laws regarding education. There are no conclusive answers for confronting such a proposition, but reflecting on these challenges is a first step for it is fundamental to broaden the understanding of the present time, the rationality that operates in it. And, from this, to understand school in such a way that can contribute to the formation of reflective and critical identities.

scholarly journals Human rights and the public interest: in search of balance

2021 ◽  
pp. 179-185
Keyword(s):  
Human Rights ◽  
Social Relations ◽  
Public Interest ◽  
Well Being ◽  
The State ◽  
Right To Education ◽  
The Public ◽  
Constitutional Right ◽  
The Individual ◽  
The Right

Modern processes of globalization in some way shake the established notions of human rights, and therefore their interpretation and content may be limited or expanded contrary to the regulations of the highest legal force. This creates conflict not only in the legal field, but also in society as a whole. It is emphasized that the most effective and less conflicting will be the norm, the content of which fully reflects both public and individual interest, the norm, in the process of interpretation and implementation of which the social value of law is achieved. What does it mean? That the right in the understanding of the official expression of norms should be only those provisions that ensure the well-being and development at the level of personal and public interest, guarantee and do not violate human rights. It is noted that the value of the right for the individual is that it is able to meet the human need for freedom and establishes a certain order of its use. The value of law for the whole society is manifested in the fact that the law guarantees security, order and harmonization of social relations, integrity and solidarity of society. Human rights and freedoms in the state, its interests should not be opposed to the rights and freedoms of others. At the same time, along with universally recognized human rights and freedoms, there are generally recognized restrictions on most of them. This raises the question of the objectively determined need to define boundaries and their criteria in the process of exercising one’s rights and freedoms. An analysis of legal practice in the context of finding a balance of public and private interest on the example of the constitutional right to education. The conclusion is that education is both a constitutional right and a duty and is not subject to any restrictions, and the state must ensure that education is accessible to all. In the process of ensuring the public interest, the state should apply permissible legal mechanisms to motivate a person to implement certain norms, such as persuasion, not coercion, encouragement, not the threat of punishment. Otherwise, it will lead to discrimination in the exercise of the rights and opportunities provided by the Constitution and the freedom to exercise them. And the establishment of the necessary restrictions provided by international legal instruments must be based on the principles of necessity, justice, legality, equality of rights and freedoms. Keywords: human rights, right to education, discrimination, equality, public interest.

Związek publicznej obecności Kościoła w Polsce z preferencjami wyborczymi elektoratu w 2011 roku

1970 ◽  
Vol 23 (301) ◽  
pp. 72-92
Author(s):  
Karolina Dłuska
Keyword(s):  
Public Space ◽  
Catholic Church ◽  
Public Television ◽  
The Public ◽  
The Subject ◽  
The Individual ◽  
The Military ◽  
Religious Nature ◽  
The Relationship ◽  
The Catholic Church

The author of the article tries to indicate the relationship between the perceived presence of the Catholic Church in public life and the election preferences of Poles. The subject of the research here is the parliamentary elections in Poland in 2011 in the context of the perception by the electorate of the individual parties of the public presence of the Catholic Church in the selected aspects. Among them, the author points to: the issue of crosses and other religious symbols in public space, including the issue of a cross in the Sejm meeting room. She also recalls such matters as: religion lessons in schools, the religious nature of the military oath, priests appearing on public television, the Church taking a stand on laws passed by the Sejm and priests telling people how to vote in elections. The presented analysis is based on the results of the Polish General Election Study 2011.

scholarly journals Simulation, Control and Desire. Urban Commons and Semi-Public Space Resilience in the Age of Augmented Transductive Territorial Production

2019 ◽  
pp. 179-198 ◽  
Author(s):  
Manfredo Manfredini
Keyword(s):  
Public Space ◽  
Empirical Studies ◽  
Public Spaces ◽  
Theoretical Framework ◽  
External Control ◽  
The Public ◽  
Spatial Production ◽  
The Public Sphere ◽  
The Right ◽  
Urban Commons

Considering place-based participation a crucial factor for the development of sustainable and resilient cities in the post-digital turn age, this paper addresses the socio-spatial implications of the recent transformation of relationality networks. To understand the drivers of spatial claims emerged in conditions of digitally augmented spectacle and simulation, it focuses on changes occurring in key nodes of central urban public and semi-public spaces of rapidly developing cities. Firstly, it proposes a theoretical framework for the analysis of problems related to socio-spatial fragmentation, polarisation and segregation of urban commons subject to external control. Secondly, it discusses opportunities and criticalities emerging from a representational paradox depending on the ambivalence in the play of desire found in digitally augmented semi-public spaces. The discussion is structured to shed light on specific socio-spatial relational practices that counteract the dissipation of the “common worlds” caused by sustained processes of urban gentrification and homogenisation. The theoretical framework is developed from a comparative critical urbanism approach inspired by the right to the city and the right to difference, and elaborates on the discourse on sustainable development that informs the United Nations’ New Urban Agenda. The analysis focuses on how digitally augmented geographies reintroduce practices of participation and commoning that reassemble fragmented relational infrastructures and recombine translocal social, cultural and material elements. Empirical studies on the production of advanced simulative and transductive spatialities in places of enhanced consumption found in Auckland, New Zealand, ground the discussion. These provide evidence of the extent to which the agency of the augmented territorialisation forces reconstitutes inclusive and participatory systems of relationality. The concluding notes, speculating on the emancipatory potential found in these social laboratories, are a call for a radical redefinition of the approach to the problem of the urban commons. Such a change would improve the capacity of urbanism disciplines to adequately engage with the digital turn and efficaciously contribute to a maximally different spatial production that enhances and strengthens democracy and pluralism in the public sphere.

scholarly journals Sharia Hisba and public lawsuit: An original study comparing Sharia and Libyan law

2021 ◽  
Vol 10 (1) ◽  
pp. 150
Author(s):  
Salem Salem Juber ◽  
Muhammad Awad Saker
Keyword(s):  
Original Study ◽  
The State ◽  
Public Order ◽  
Public Prosecution ◽  
The Public ◽  
Case System ◽  
Institutional System ◽  
The Individual ◽  
The Right ◽  
Coherent Body

The Sharia Hisba is an integrated Islamic system of pillars and construction whose theme is enjoining good and forbidding evil, and aims at stabilizing societies and the supremacy of virtue and high morals in it, and rejecting vice and bad morals from it. The legal public prosecution system is an accusatory system that seeks to safeguard the right of the state and the right of the individual to the public order to ensure a society free from apparent crimes, and a regular picture of the state and individuals is formed in a coherent body without chaos. The Hisba system is a symbiotic social system that moves through the community’s control of the community, while the public case system and its tools from the Public Prosecution and other institutions is a deterrent institutional system that moves in the light of the law and deals in accordance with its principles and limits.

scholarly journals The Right to Public Information. Selected Interpretation Doubts in the Doctrine and Jurisprudence of Administrative Courts

2020 ◽  
Vol 29 (1) ◽  
pp. 129
Author(s):  
Dominik J. Kościuk ◽  
Justyna Kulikowska-Kulesza
Keyword(s):  
Public Information ◽  
Case Law ◽  
Access To Information ◽  
Information Bulletin ◽  
The Public ◽  
Disclosure Of Information ◽  
Disclosure Rules ◽  
Administrative Courts ◽  
The Right ◽  
Made In

<p>The provisions of the Act on Access to Public Information regulate, among others, the subjective and objective scope of the right to public information, reasons for restricting access to information, procedure and form of disclosure, rules for creating and publishing information in the Public Information Bulletin, costs of activities leading to the disclosure of information and the establishment of complaint proceedings in the event of refusal to provide the public information requested. Therefore, it is worth to pay attention to several problems arising from the analysis of statutory provisions and the practical consequences of applying the Act of 6 September 2001 on Access to Public Information. The current, extremely extensive, output of doctrine and jurisprudence allows for a fairly “efficient” summary of the considerations made in both literature and judicial and administrative case law.</p>

scholarly journals The right of the stronger: The play Sisyphus and critias

Balcanica ◽  
2004 ◽  
pp. 51-70
Author(s):  
Ivan Jordovic
Keyword(s):  
Great Influence ◽  
Negative Influence ◽  
Human Society ◽  
Law And Order ◽  
Family Ties ◽  
The Third ◽  
The Individual ◽  
The Right ◽  
Constant Interest

The Focus of this study is the standpoint of the play Sisyphus and critias the leader of the thirty towards the right of the stronger. this is a question of constant interest in scientific circles, since its answer can serve as the indicator of the influence this famous theory has had. this interest has been encouraged by the fact that critias? authorship of the play is questionable. however, the question of the author is not of primary importance for this article, because there are some arguments, among some well known ones, which were not considered and which Show that in this satire, regardless of the author and the purpose of this fragment, the right of the stronger is actually non-existant. the first argument to support this theory is that nomosphysis antithesis is nowhere explicitly mentioned although it is the crucial element of the right of the stronger. in addition there is no claim in the play that the exploitation of the strong by the week or by law accrued. the second argument is that despite the incapability of laws to prevent the secret injustice, they and their importance for the human society are depicted in a positive light. it should also be noted that, unlike callicles and glaucon, laws are created to stop the bad and not the good. the third argument is that the invention of religion is accepted as a positive achievement, which finally enables the overcoming of primeval times and lawlessness. the reflection of this argument is a positive characterization of the individual who invented the fear of gods. the fourth argument, which has not been taken into consideration so far is the way the supporters and opponents of lawlessness are described and marked as ????? and ?????? in the satire only physically strong are considered as strong as opposed to callicles, where they are also spiritually superior. intelectually superior in Sisyphus is the inventor of the fear of gods who is also in favor of law and order. the fact that the strong are described as kako? while the supporter of law are recognized as ?????? is also of great importance. in other words, this division re?ects strong influence of aristocratic set of values by which the ?????? are in every way superior to the ?????. some other indications Show that critias cannot be listed as a advocate of the right of the stronger regardless of our previous conclusion about the play. we need to bear in mind the fact that critias has only recently been linked with the theory of the right of the stronger. in the classical period there had been non attempt to explain his ruthless politics in Athens 404/403 BC by Means of the right of the stronger. what is more, no indication that he supported this theory were found. unlike xenophon and philostratus, it is very likely that Plato and Aristotle were mild to critias Due to his family ties with Plato and his friendship with Socrates. however, all the four of them would have stated that critias was an upholder of the right of the stronger if he had actually been that. that way Socrates would have been completely acquitted of the responsibility for the crimes critias had committed, because of the possible assertion that critias was misled by this theory and succumbed to the negative influence of the sophistic teachings. based on these arguments we can conclude that there is no trace of the right of the stronger in the play Sisyphus and that critias did not support this theory. this satirical play and critias were Most probably under a great influence of aristocratic beliefs, which were often scientifically misinterpreted as the reflection of the right of the stronger.

The Right to Tlatelolco: Space, State and Home in Rojo amanecer (1989), Directed by Jorge Fons

2020 ◽  
Vol 97 (10) ◽  
pp. 1113-1129
Author(s):  
IVAN KENNY
Keyword(s):  
Public Space ◽  
Good Deal ◽  
Gaston Bachelard ◽  
Narrative Space ◽  
The Public ◽  
Critical Attention ◽  
Mexican Film ◽  
Space State ◽  
Mexican Family ◽  
The Right

This article addresses the issue of spatiality in the Mexican film Rojo amanecer (Jorge Fons, 1989), which dramatizes the events surrounding the massacre of student demonstrators in the plaza de Tlatelolco, Mexico City, on 2nd October 1968. The film has received a good deal of critical attention and yet a detailed analysis of its rendering of narrative space remains to be done. With reference to the spatial theories of Henri Lefebvre and Gaston Bachelard, I argue that the film’s innovative use of narrative space establishes a symbolic connection between the events in the public space of the Plaza de las Tres Culturas and the intimate space of the Mexican family home. The harrowing depiction of an invasion of state power into the space of the home serves to critique the Partido Revolutionario Institutional (PRI) regime’s core ideology and its modernist housing project in Tlatelolco.

Using Virtual Mobility to Alleviate Aspects of Social Exclusion

2005 ◽  
pp. 715-722 ◽  
Author(s):  
Susan Kenyon
Keyword(s):  
Social Network ◽  
Social Exclusion ◽  
Social Participation ◽  
Space And Time ◽  
Virtual Mobility ◽  
The Individual ◽  
The Right ◽  
Network Goods

People’s ability to participate in the activities that are necessary to ensure their economic, political and social participation in the society in which they live is dependent upon the accessibility of the activities. Accessibility has traditionally been perceived as a function of the space, or distance, between the origin of the individual (or community) and the destination of the activity¾the opportunity, service, social network, goods¾alongside the time that it takes to cross this space. Thus, accessibility is dependent upon the individual’s ability to overcome space and time barriers, allowing them to reach the right place or person, at the right time¾and, of course, upon the availability to them of adequate resources to do this (Couclelis, 2000)1.

scholarly journals Charlie Hebdo: Testing the Limits of Freedom of Expression

2017 ◽  
Vol 14 (1) ◽  
Author(s):  
Niaz A. Shah
Keyword(s):  
Public Space ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Criminal Code ◽  
European Convention ◽  
Muslim Community ◽  
The Public ◽  
Shared Space ◽  
The Right ◽  
Charlie Hebdo

AbstractThe right to freedom of expression is a qualified right: it allows expression that might ‘offend, shock or disturb’ but prohibits ‘insults’, ‘abusive attacks’ and ‘hate speech’. Applying the Convention test I argue that all cartoons of the Prophet Muhammad, which although might offend Muslims, are an acceptable form of expression in Western democracies except cartoon number two implying the Prophet Muhammad as a ‘terrorist’ which is ‘insulting’ and ‘an abusive attack’ on the Muslim community and Islam. In the post-9/11 circumstances, it may be viewed as a vehicle for instigating hatred against the Muslim community. By critiquing the inaction of Denmark and France, I argue that failure to prosecute Jyllands-Posten and Charlie Hebdo violates Articles 9(1) of the European Convention and the Danish Criminal Code and the French Freedom of Press Act 1881. Relying on ECtHR’s jurisprudence, I argue that the values of the Convention and democracy aim to nurture a society based on tolerance, social peace, non-discrimination and broad-mindedness. The public space is a shared space and no single group – religious and non-religious – can monopolise nor intimidate it.

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