Parents, Government, and Children: Authority over Education in a Pluralist Liberal Democracy

2011 ◽  
Vol 5 (2) ◽  
Author(s):  
William Galston

The relationship between private and state power in a pluralist liberal democracy raises complex issues that this article explores, focusing on control over children’s education. While rights are the default vocabulary of liberal theory and practice, they do not suffice to characterize either the claims of children or the responsibilities of adults. While many theorists have followed Joel Feinberg in proposing that children have the right to an “open future,” there are good reasons to doubt that they do. Within limits, parents’ convictions appropriately enter into the content of their children’s education and instruction, and the integrity of civil associations supplements (without supplanting) the discourse of individual rights. John Stuart Mill points toward a triadic understanding of educational authority that coordinates three sets of interests—the developmental interests of children, the civil interests of the state, and the expressive interests of parents. To explicate expressive interests, the Article lays out a theory of “expressive liberty”—the value of being able to live in a manner consistent with our deepest understanding of what gives meaning and value to our lives. While raising children is an important aspect of parents’ expressive liberty, it is limited by the separateness of each child’s existence, the fact of human diversity, and the requisites of civil order. Nonetheless, in societies characterized by a deep diversity of moral and religious views, the requirements of both practicality and legitimacy point toward a social order that offers maximum feasible scope for different ways of life to find expression in the choices of parents and civil associations. The Article explores this thesis with particular reference to U.S. history and law.

2001 ◽  
Vol 49 (2) ◽  
pp. 174-201 ◽  
Author(s):  
Brian Bloomfield

This paper explores the relationship between technology and problems of social order/disorder in the context of discussions of surveillance and ‘virtuality'. The emphasis is on understanding the connections between technology and social relations in areas where issues of social order/disorder are a prominent feature of concern and where one can identify the emergence of new regimes of virtual control which are directed at solving the (supposed) deficits in order or the threats posed to it. Rather than constituting a ‘technical fix’ for the problems of social order/disorder, it is argued that forms of virtual control both presuppose a reconstruction of social order and at the same time aim to effect a suppression of disorder. Focusing in particular on various manifestations of electronic tagging – from prisoners to babies, from retail goods to works of art, from television programmes to Personal Identification Numbers – the paper argues that these share a problematic which interrelates technology, order/disorder, subjects/objects, time, and space. It thus seeks to generalize the concept of electronic tagging, to regard it as a practice rather than a specific set of artefacts. Moreover, in contrast to the negative, panoptic reading of tagging technologies, the paper considers the active public participation in systems of surveillance and thereby the more positive or productive exercises of power which they may be taken to constitute.


Author(s):  
Evgeniy Gavrilov

The article features the problem of consolidating and understanding the digital sovereignty of the State and the individual. The author addresses the challenge of establishing a correlation between the idea of digital sovereignty and the global socio-political change. The paper focuses on the effect of modern trends of social development, i.e. accelerated social informatization and globalization, on the development of doctrine of digital sovereignty and its legal design. The author believes that the idea of digital sovereignty is a reaction to the transformation of the global social order, which resulted in new doctrinal provisions and legal norms. They give citizens the right to determine the process of formation, storage, and management of digital data, as well as to ensure their inviolability. The legal formalization of digital sovereignty can indicate either the protection of statehood and personality or, on the contrary, their absorption by structures of the global order. As a result, such categories as "sovereignty, "statehood, or "personality" may eventually lose their actual meaning and real content. The conceptualization of the phenomenon of neurosovereignty and its implementation programs might be the future of the theory and practice of sovereignty.


2013 ◽  
Vol 29 (1) ◽  
pp. 61-85 ◽  
Author(s):  
Shri Krishan

Debates emanate from dualities, situations of conflict, contradictions and paradoxes. Modernity is a paradox of sorts. So too was the colonial experience. Contrary to popular belief, Gandhi looked at the Indian traditions and ways of life from the perspective derived from western modernist epistemology. Our attitude to modernity is bound up, consciously or otherwise, with our perspective on colonialism as the forerunner of modernity. The word ‘modernity’ has varied connotations. In the present context, it is to be understood, chiefly, as western Enlightenment modernity mediated through European colonialism. But the perception of Gandhi and V.D. Savarkar differed regarding western Enlightenment modernity as there were differences of opinion between them on almost every political and social issue and methods of struggle against colonialism. These differences were rooted actually in their understanding of modernity, its epistemologies and variants prevalent in Europe, their relevance for Indian context and national liberation struggle. Gandhi’s may appear to be rooted in indigenous traditions but he also inherited the ‘scientific temper’ and methods and weapons of struggle which ‘modern politics’ has brought to forefront in Europe and America. Savarkar, on the other hand, was influenced by the intellectual trends which forged the weapons for the Right-wing politics in Europe. Gandhi appears to be always open to dialogue even though his position may be very dogmatic on certain issues but Savarkar is free from ambivalences that resurface repeatedly in Gandhi. The reflection is to be found in their political, literary, philosophical and other discourses, providing contexts in which debates unfold concerning customs, laws, religions, languages, generations, regions and ends and means controversy. They underpin controversies over the relationship of the individual to the collective.


2018 ◽  
Vol 20 (91) ◽  
pp. 62-65
Author(s):  
V. Mahas ◽  
О. Нrymak ◽  
V. Chemerys

The article shows that market reforms in Ukraine are based on methodology inappropriate for these purposes. After all, it was this methodology that defined the logic of the construction and operation of the command-administrative system in the past. This is indicated by the fact that the theory and practice of reforms is based on the collectivist system of values of equality and justice, as well as by the directive nature of reforms, in which the pace, scale and forms of changes in the system of economic relations are defined centrally. The teleological vision of social order nature and the interpretation of them as the result of purposeful human activity are at the heart of this methodology. In this case reforms are carried out on the principles of “social engineering”. “Social engineering” cannot be called a scientific method, since it is practically impossible to formulate objective criteria for choosing goals or assessing ways to achieve them. That is, their effects and effectiveness cannot be predicted or substantiated theoretically. Within this approach only those who have an influence on the process of forming decisions, or who owns the right of their practical implementation, has a crucial role. The result of the teleological thinking dominance in the practice of Ukraine's market transformation is that trends and forms of economic development are determined by the ideas and knowledge of a narrow circle of politicians, officials and scholars. According to the theory of dispersed knowledge, market and competition of Friedrich von Hayek, no scholar or official, any collegial body from among them, in fact, is not able to acquire the required amount of knowledge that would allow to determine the optimal ways of development and solving of local and global economic problems. This is only possible if the space is released to realize the knowledge and initiative of millions of people. This requires a change in the paradigm of reforms from teleological to evolutionary. That is, the essence of the reforms is not to be limited to the definition of specific areas and forms of economic development, but to the creation of prerequisites for evolutionary development on the basis of the freedom to realize individual interest and competition. The article offers the main directions of implementation of an alternative evolutionary approach: restriction and decentralization of state power, ensuring freedom of entrepreneurship, demonopolization of the economy and reduction of the level ownership concentration. In particular, it is emphasized that for the development of rural areas, it is especially important to take effective preventive measures to avoid concentration of land tenure.


2020 ◽  
Vol 11 (11) ◽  
pp. 258-264
Author(s):  
Chepulchenko T. О.

The article examines the modern concept of human rights as the universally accepted system of views and attitudes about the place and role of human rights in the society and the state. The list of human rights enshrined in these international instruments and the constitutions of many countries, was the result of a long historical development of samples and standards of human life and the entire community. It is emphasized that on the basis of a combination of natural and positivistic concepts of human rights and made possible the consolidation of fundamental freedoms in the constitutions of democratic States. The article focuses on the basic concepts of how to solve the problem of human rights and legal status of the individual which have developed in the history of legal theory and practice of various peoples: liberal (European) concept of human rights, collectivist, Islamic and traditionalist concept. It is emphasized that a decisive influence on the establishment of human rights made on the liberal conception of natural law doctrine, which established the priority of human rights, the new parameters of the relationship between the individual and the government. In the statement of the rights and freedoms of man played an important role in their ideological, doctrinal justification – the doctrine of natural human rights that do not depend on the discretion and arbitrariness of the government, and it is aimed at ensuring the rights defined by nature. Based on this doctrine and on the above mentioned international legal instruments, the new Constitution of Ukraine establishes a number of new rights, which were previously unknown or Constitution of the Soviet Ukraine nor the Ukrainian legislation: the right to life, right to dignity, the right to respect for private and family life, freedom of movement and free choice of residence, right to freedom of thought and speech, free expression of views and beliefs, and so on. Therefore, a new concept of the relationship between the Ukrainian state and the person with priority to the latter is brought to life, since the category of human rights operates solely in relations between man and power. Human rights are the limits of power. They define the sphere of human activity in which the power (the state) cannot interfere and the responsibilities which the state has for the human being. The article also discusses four generations of human rights, it is noted that in the XXI century. we can talk about the formation of the fourth generation of human rights, which is connected with the scientific discoveries in the field of microbiology, medicine, genetics and more. It is this generation that is at the center of intense debate precisely in terms of the naturalness of these phenomena and processes, from the standpoint of morality and worldview of a particular society, as well as based on the content of scientific doctrine. As a conclusion, the author writes that the legally enshrined legal position of a person has as its basis a liberal and natural-law concept, which stipulated as the primary principles freedom and inalienability, inalienability of human rights that belong to it from birth. Reference points are made in the relationship between the state and man - freedom, equality, the rule of law, the universality of human rights. And on these principles, principles, in addition to the actual scope of human rights and obligations, are exercised by these rights and freedoms. Keywords: constitution, concept of human rights, international legal act, human rights, natural law.


2016 ◽  
Vol 2 (1) ◽  
pp. 61
Author(s):  
Eko Nur Cahyo

<p>In the book "Theory and Practice of Islamic Economics: The Basics of Islamic Economics" Dr. Mohammad Abdul Mannan, explained that the Islamic social order is based on the Quran and the Sunnah of the Prophet Muhammad, which can be formed if each resident is able to maintain harmony among the families, families with the public, community and government, namely creation of an implementation of the rights and obligations can be met. Furthermore, he expressed the characteristics of an Islamic social order that is social equality, the right to exploit the wealth proportionately and private ownership recognized and protected in Islam, an Islamic mandate to engage in economic activities by setting a good rule to ensure the implementation of these activitiesin an honest and benefit, elimination of the capitalist system in all fields of economic activity,  modern planning concept that refers to the utilization of domestic resources to achieve certain goals which are subject to the orders of the holy book of Qur'an and Sunnah, the creation of social justice. Other than that he would affirm the concept of welfare state in Islam, by applying the values in the teachings of Islam as a moral and spiritual values,  economic values, and Islamic social and political values.  Next will be explained about the Islamic social order is clear, concise, and solid.</p><p><strong>Keywords:</strong><strong> </strong><strong>Islamic</strong><strong> </strong><strong>social order</strong><strong> </strong><strong>and</strong><strong> </strong><strong>its characteristics</strong><strong>, the concept of</strong><strong> </strong><strong>welfare states</strong><strong> </strong><strong>with moral </strong><strong></strong><strong>, spiritual, social, political,</strong><strong> </strong><strong>and</strong><strong> </strong><strong>economic</strong><strong>.</strong><strong></strong></p>


2010 ◽  
Vol 27 (3) ◽  
pp. 95-98
Author(s):  
Tauseef Ahmad Parray

Islam, Secularism, and Liberal Democracy analyzes the theoretical relationshipbetween religion and democracy, specifically Islam’s relationshipwith liberal democracy. It discusses the relationship between Islam,Muslim-majority societies (viz., Iran, Turkey, and Indonesia), and liberaldemocracy in a way that advances theory and practice regarding their relationsand this relationship is the immediate focus of this study, and the conclusionshave a much broader applicability in illuminating the theoreticalrelationship between religion, secularism, and democracy in general, and incontributing to the development of a liberal-democratic theory for Muslimsocieties in particular. The author’s primary methodological approach is historical and comparative.Drawing on insights and lessons from western political theory andhistory, he examines the relationship between liberal-democratic developmentand religion both theoretically and in the context of the Muslim world.The three countries mentioned above are presented as case studies as ameans to reinforce the theoretical claims. The book consists of four chaptersfollowed by a conclusion, endnotes, a bibliography, and an index ...


2011 ◽  
Vol 8 ◽  
pp. 17-36
Author(s):  
Aušra Kristina Pažėraitė

Šio tyrimo tikslas – apčiuopti XX a. pabaigos–XXI a. pradžios popkultūroje, konkrečiai, kinematografijoje reiškinius, kuriuos galima interpretuoti kaip vykstantį normatyvinių, įsitvirtinusių religijų palaikomų religinių doktrinų, praktikų ir moralės normų perkonstravimą XIX a.–XX a. pradžios okultinių judėjimų mokymų, praktikų ir simbolikos pagrindu. Buvo parodyta, kad šie reiškiniai yra platesnių kultūrinių ir religinių procesų dalis, o būtent – kaip difuzija viešojoje, sekuliariojoje erdvėje to, kas šiame tyrime buvo formuluojama kaip „kairysis kelias religijose“. Viešojoje erdvėje vyksta procesai, atliekantys tam tikrą „vertybių perkainojimą“, t. y. viešpataujančios, įsitvirtinusios konkrečioje visuomenėje religijos, moralinės normos, tabu ir religinės tapatybės „perkainojamos“ kaip tam tikra prasme „destruktyvios“, sužlugdžiusios, esą, kažkada egzistavusias „tikrąsias“. Minėtiems procesams analizuoti šiame tyrime buvo sukonstruotas teorinis įrankis, čia vadinamas „kairiuoju keliu religijose“, kurį galima formuluoti taip: kairysis kelias religijose – tai elitistiniai religinio pobūdžio tekstai ir praktikos, kurie virš įsigalėjusios, daugumos palaikomos religinės praktikos, doktrinų ir diegiamų moralinių normų iškelia kitas doktrinas ir praktikas, kurios laikomos tinkamomis turintiesiems ypatingą iniciaciją. Būna, kad šios doktrinos ir praktikos nevengia normatyvinės moralės ir ritualinių tabu pažeidimų, nors ir neturi tikslo išstumti visuomenėje įsigalėjusios religijos suformuotas (ar bent patyrusias jos įtaką) moralės normas ir ritualinius tabu, kaip visuomenės daugumai priimtinus socialinei tvarkai užtikrinti. Buvo tyrinėti „kairiojo kelio“ termino vartojimo ypatumai moderniuose Vakarų okultiniuose judėjimuose, aptariami „kairiojo kelio“ tapimo „dešiniuoju keliu“ (kitaip tariant, difuzijos) niuansai šiuolaikinėje populiariojoje kultūroje (konkrečiai, XX a. pabaigos–XXI a. pradžios kinematografijoje), pateikiant jos klasifikaciją, išskiriant būtent šio tyrimo tikslus atitinkantį pogrupį.Pagrindiniai žodžiai: kairysis kelias religijose, okultiniai judėjimai, tapatybių perkūrimas, popkultūra.THE DIFFUSION AND TRANSFORMATIONS OF LEFT-HAND PATH RELIGIONS IN THE CONTEMPORARY POPULAR CULTUREAušra Kristina Pažėraitė SummaryIn this article some features of the present-day (late 20th–early 21st c.) pop-culture, concretely cinematography, are analyzed for phenomena which can be interpreted as an ongoing transformation of normative morality, religious doctrines and ritual taboos of established religions on the ground of doctrines, practices and symbolism of modern (late 19th–20th c.) occult movements. The author argues that these phenomena are part of wider cultural and religious processes, i.e. of diffusion in public, secular, and also new religious and spiritual movements of what in this study was formulated as the “left-hand paths in religions”, the processes that perform a “reevaluation of values” of given society, grounded in particular established religion and religious identity, reevaluation of established moral norms and ritual taboos as at certain extent “destructives”. To achieve this goal the author has formulated a theoretical tool for analysis of general phenomena in religions as “left-hand path in religions” on the basis of Andree Padoux’s descriptions of “lefthand path” in Hindu religions, and which can be formulated as follows: left-hand path in religions – are elitist religious texts and practices that are destined not to eliminate norms of morality and ritual taboos of established religion, as far as they are acceptable for society in general as the basis for social order, but to achieve some goals that this established religion is supposed incapable to help to achieve in established manner, and only knower and practitioner of doctrines, rituals and other practices (that sometimes transgress established ones) is able to achieve those goals. In this study the author has explored the usage and conceptions of the term “left-hand path” in some modern Western occult movements; also the author has classified present-day fantasy cinematography in five groups, each according to the relationship to various kinds of “paranormal” realities. One of the groups is composed of movies in which symbols, practices, doctrines of modern “Western” occult movements (i.e. of Thelema, Aleister Crowley, LaVey) are exploited. That results in the subversion of values and ritual taboos of established religions (most often Christianity, and especially Catholicism). The diffusion of the “left-hand path” in popular and secular area of society becomes in a certain degree the “right-hand path”. Keywords: left-hand path in religions, occult movements, creation of new identity, popular culture.


Illuminatio ◽  
2020 ◽  
Vol 1 (1) ◽  
pp. 12-37
Author(s):  
Mustafa Cerić

God is the Light of the Heavens and the Earth! (Qur'an, 24:35) The soul is like a glass lamp, and knowledge is light of flame, and the wisdom of God is the oil! If it is lit, you are alive, and if it is darkened, you are dead! (Ibn Sina) It is during our darkest moments that we must focus to see the light! (Aristotel) Starting with the fact that understanding the human spirit, soul, mind and heart is a primary condition of an understanding of the relationship between God and the world and the relationship of God-Man-World, the goal of the Journal of „Illuminatio“ (Bosnian „Svjetionik“, Arabic „Almanar“) is to revive the pure spirit in the human soul and to enlighten the pure mind in the human heart by reminding the soul of its primordial Covenant with God Almighty and stimulating the mind to seek the right path to the realization of the transcendental truth through the theory and practice of taṣdīq, i.e. the assertion of divine tradition, and the theory and practice of tajdīd, i.e. the renovation of human thought in the service of present and future spiritual and humanistic cause, as well as in the service of a truthful individual as well as a healthy social life.


2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Gagah Yaumiyya Riyoprakoso ◽  
AM Hasan Ali ◽  
Fitriyani Zein

This study is based on the legal responsibility of the assessment of public appraisal reports they make in land procurement activities for development in the public interest. Public assessment is obliged to always be accountable for their assessment. The type of research found in this thesis is a type of normative legal research with the right-hand of the statue approach and case approach. Normative legal research is a study that provides systematic explanation of rules governing a certain legal category, analyzing the relationship between regulations explaining areas of difficulty and possibly predicting future development. . After conducting research, researchers found that one of the causes that made the dispute was a lack of communication conducted between the Government and the landlord. In deliberation which should be the place where the parties find the meeting point between the parties on the magnitude of the damages that will be given, in the field is often used only for the delivery of the assessment of the compensation that has been done.


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