scholarly journals Social Values in Europe.  Protecting Freedom of Thought, Conscience, Religion, Creating What?: Justice,  Sophia, Phronesis        

2021 ◽  
Author(s):  
Olga Nickole Papkova Kuyan
Keyword(s):  
Human Rights ◽  
Quantum Theory ◽  
Public Sphere ◽  
Social Values ◽  
Legal Doctrine ◽  
The Public ◽  
New Instrument ◽  
Freedom Of Thought ◽  
The Public Sphere ◽  
The Right

The multidimentional human rights catastrophe 2020-2021 is input for this writing. We see it as the culmination of arguments about regulating the social values, the right to freedom of thought, conscience and religion in Europe (art 9 ECHR) in its broader sense. We question: what are thought, conscience, religion in Europe? The paper aims at revealing how different states bound by ECHR (Italy, France, Russia) are redefining their relationship to thought, conscience and religion, under the challenge of changing minds, increasing religious activism in the public sphere, associated with the spread of new religious movements and Islam; how this process mobilizes a complex array of often unrelated official actors, but also mindful men who want to be recognized by public opinion eager to curb what is perceived as “foreign” or “extremist” expressions of thought, conscience, religion; by politicians navigating between political correctness and populism, by national and external judiciary like ECtHR; how this process is gradually producing a new and common paradigm of the relationship between states, the public sphere and thought, conscience and religion. We scrutinize (re)construction and formatting of thought, conscience and religion in the West through courts, giving the rebirthing to the Lautsi case. We intend to find which doctrine\idea has been developed by the Court in Europe. What will be with judicial decision-making in France and Europe? How to overcome the crisis? We are seeking a new instrument. We go into Mindful Politics/Judiciary, Dharma and Judiciary/Politics. We use the Complex Thinking concept and Quantum Theory, Sophism, Theology, Eastern and Ancient thoughts as Puzzles. We refer to Lady Justice-Prudentia-Sophia and Phronesis. We refer to the decoloniality to re-learn the thoughts-heritage that have been pushed aside, buried, discredited by the forces of modernity: UN Secretary-General Dag Hammarskjold, Vl.Solovjev, Ivan Ilyin. Also we use new data, such as O’Murchu Diarmuid, Doing Theology in an Evolutionary Way (2021), Rovelli Carlo, Helgoland (2020), Molari Carlo, Il cammino spirituale del cristiano (2020), Mancuso Vito, I quattro maestri (2020). Our core topic is the importance of legal ideas and legal doctrine for court decisions. Our core thought is the Russia’s experience in balancing secular and religious values and peaceful coexistence of peoples, it’s importantance for the international community. It’s part of the big research, started in 1990, continued in different ways, at UNIPV (with Prof.J.Ziller) in the framework of CICOPS, in particular. Key terms: human rights and freedom, thought, conscience, religion, pluralism, equality, secularism, neutrality, positivism, legal symbols, Lady Justice, Sophia, Prudentia, Phronesis, quantum theory, Islam, rule of law, legitimacy, historical-interpretive account of judicial politics, complexity.

The Freedom to Exclude: The Case of Israeli Society

2016 ◽  
Vol 49 (2) ◽  
pp. 237-266 ◽  
Author(s):  
Michal Tamir
Keyword(s):  
Human Rights ◽  
Public Sphere ◽  
Minority Groups ◽  
Private Property ◽  
Israeli Society ◽  
Private Sphere ◽  
The Public ◽  
The Law ◽  
The Public Sphere ◽  
The Right

The phenomenon of social exclusion in Israel is a vivid demonstration of the Basic Laws' failure to fulfil their integrative role. Despite the ‘constitutional revolution’ and the Supreme Court's ongoing endeavour over the last two decades to instil a bill of rights through its jurisprudence, Israeli society has failed to fully internalise values of equality. In terms of legal jargon, individuals continue to claim and exercise ‘sole and despotic dominion’ over their private property in order to avoid contact with individuals belonging to certain minority groups. In many cases, such behaviour in the private sphere results in exclusion from the public sphere.This phenomenon is especially astonishing considering the fact that many laws in Israel apply the right of equality to the private sphere. Furthermore, the Israeli Supreme Court has developed comprehensive human rights jurisprudence applicable to the private sphere. The gap between the law in the books and the law in action illustrates that effective implementation of human rights in the private sphere cannot be achieved solely by specific legislation or by jurisprudence that is sensitive to human rights. This argument is backed by several recent bills which preserve and enforce the exclusion of minorities, particularly of Arabs, from the public sphere. These bills illustrate that exclusion is indeed a growing phenomenon in Israeli society that cannot be overlooked. Moreover, they underscore the urgent need to entrench a direct obligation to apply human rights to the private sphere at the constitutional level. This will be achieved only when Israel adopts a full constitution.

The Priority of Public Reasons and Religious Forms of Life in Constitutional Democracies

2019 ◽  
Vol 11 (4) ◽  
pp. 45
Author(s):  
Cristina Lafont
Keyword(s):  
Public Sphere ◽  
Religious Beliefs ◽  
Public Deliberation ◽  
The Public ◽  
Difficult Question ◽  
Political Deliberation ◽  
Forms Of Life ◽  
The Public Sphere ◽  
The Right ◽  
Mutual Accountability

In this essay I address the difficult question of how citizens with conflicting religious and secular views can fulfill the democratic obligation of justifying the imposition of coercive policies to others with reasons that they can also accept. After discussing the difficulties of proposals that either exclude religious beliefs from public deliberation or include them without any restrictions, I argue instead for a policy of mutual accountability that imposes the same deliberative rights and obligations on all democratic citizens. The main advantage of this proposal is that it recognizes the right of all democratic citizens to adopt their own cognitive stance (whether religious or secular) in political deliberation in the public sphere without giving up on the democratic obligation to provide reasons acceptable to everyone to justify coercive policies with which all citizens must comply.

scholarly journals Kepemimpinan Perempuan di Ruang Publik dalam Tafsir Al-Kasysyâf

Al-Ulum ◽  
2018 ◽  
Vol 18 (2) ◽  
pp. 459-480
Author(s):  
Sulaiman Ibrahim
Keyword(s):  
Public Sphere ◽  
Women's Leadership ◽  
The Public ◽  
The Public Sphere ◽  
The Right

This paper explores al-Zamakhshari's thoughts on women's leadership in the public sphere in tafsir al-Kasysyaf's . Islam does not require the wife to submit to her husband as he is obliged to submit to God. On the contrary, with the existence of rights that must be fulfilled by the husband towards the wife, then as reciprocity of Islam gives the right for the husband to be obeyed as long as it does not conflict with the teachings of religion. However, in terms of leadership in the public sphere, az-Zamakhsyarîy is more likely to place the position of women under men. This is evident in his expression when interpreting the word فضل الله بعضهم علي بعض that leadership is given by Allah to men because of its advantages in several respects, even az-Zamakhsyarîy considers men to have many advantages over women

scholarly journals SIGNIFIKANSI DAKWAH INKLUSIF NURCHOLISH MADJID BAGI MASYARAKAT INDONESIA

2016 ◽  
Vol 7 (1) ◽  
pp. 41-66
Author(s):  
Zaprulkhan Zaprulkhan
Keyword(s):  
Human Rights ◽  
Public Sphere ◽  
Social Ethics ◽  
The Public ◽  
Religious Truth ◽  
Truth Claims ◽  
Race Ethnicity ◽  
Religious Disagreement ◽  
The Public Sphere ◽  
Islamic Values

Articulation of religion in the public sphere of Indonesia is still much to be exclusive and puritan, unilateral in monopolizing the truth claims of religious truth, and intolerance towards various religious disagreement. Whereas in the context of a pluralistic Indonesian nation, whether of race, ethnicity, culture, class, and religion, religious messages should be delivered by inclusive proselytizing. Anyone who would articulate religious discourses in the public sphere of Indonesia, should ideally be through inclusive proselytizing. In the context of inclusive proselytizing, Islamic values such as justice (al-'adl), human rights, freedom (Hurriyah), democracy (Shura), universal benevolence (Khoir), egalitarian (Musawah), tolerance (tasamuh), balance ( tawazun), social ethics (morals), universal humanity (an-nas), as well as peace and safety contained in the doctrine of principle Islam but those are inclusive. Inclusive priciples could embrace all people regardless of race, culture, race, class, and even religion. This article is going to discuss the significance of Nurcholish Madjid‟s inclusive proselytizing for pluralistic Indonesian society.

scholarly journals Evangelicals at the Inter-American Court of Human Rights

AJIL Unbound ◽  
2019 ◽  
Vol 113 ◽  
pp. 360-364
Author(s):  
Rene Urueña
Keyword(s):  
Human Rights ◽  
Latin America ◽  
Public Sphere ◽  
Religious Movements ◽  
Equal Rights ◽  
Same Sex ◽  
Top Down ◽  
The Public ◽  
The World ◽  
The Public Sphere

Christian Evangelicals are a growing political force in Latin America. Most recently, they have engaged the Inter-American Court of Human Rights to challenge basic LGBTI achievements, such as same-sex marriage and other demands for equal rights. Several commentators thus speak of an imminent showdown between human rights protections and Christian Evangelism in the region, which would mirror similar conflicts elsewhere in the world. This essay challenges this narrative and warns against a top-down “secular fundamentalism,” which may alienate a significant part of the region's population and create deep resentment against the Court. As it turns forty, the Court faces a “spiritual” crisis: conservative religious movements have become one of its key interlocutors, with demands and expectations that compete with (but could also complement) those of other regional social movements. Difficult as it may be, the Court needs to be bold in creating argumentative spaces that allow for the Evangelical experience to exist in the public sphere in Latin America, in a context of respect for human rights in general, and for LGBTI rights in particular.

Building democracy from below: a case from rural Tanzania

2008 ◽  
Vol 46 (2) ◽  
pp. 287-304 ◽  
Author(s):  
Katherine A. Snyder
Keyword(s):  
Decision Making ◽  
Civil Society ◽  
Public Sphere ◽  
Local Elites ◽  
The Public ◽  
Rural Village ◽  
New Approaches ◽  
Rural Tanzania ◽  
The Public Sphere ◽  
The Right

ABSTRACTFocusing on events in a rural village in Tanzania during 2001–02, this paper examines the changing nature of state/society relations in Tanzania. Drawing on experience from previous years of fieldwork in the early 1990s, it becomes apparent that villagers are beginning to change the way they engage with the state. These new approaches are framed in part by the discourse of democracy, with which Tanzanians have become familiar since the economic and political liberalisation policies of the 1990s. These events reveal a new sense of the right to participate in decision-making on how to use key development resources. They also illustrate how local elites can threaten to capture benefits for their own gain. As Tanzanians begin to demand more rights to participate in the public sphere, their achievements enlarge our understanding of what might constitute civil society.

Feminist reconstructions of universalism and the discourse of human rights

2009 ◽  
Vol 5 (1) ◽  
pp. 87-92 ◽  
Author(s):  
Jill Marshall
Keyword(s):  
Human Rights ◽  
Public Sphere ◽  
Social Theory ◽  
Critical Review ◽  
The Public ◽  
Women’S Experiences ◽  
Women's Experiences ◽  
Universal Principles ◽  
The Public Sphere

In recent years, universal principles and, in turn, the universalistic discourse of human rights, have fallen under critical review by feminist scholars. This is part of a more general suspicion of a search for universalism and abstraction in law: feminist legal scholars have highlighted and critiqued the gendered dimension of such an approach.1Particular concepts fundamental to political, legal and social theory such as justice,2equality,3freedom4and rights5have been under the spotlight to see if their structure leads to detrimental consequences for women. Criticisms of rights have taken a variety of forms with rights being seen as too individualistic, reinforcing existing power imbalances, failing to account for women’s experiences and focusing too much on the public sphere.

scholarly journals The Right to the City and the public sphere: between political participation and the renewal of the legal urbanistic order

2021 ◽  
Vol 23 (51) ◽  
pp. 629-650
Author(s):  
Arthur Hirata Prist ◽  
Maria Paula Dallari Bucci
Keyword(s):  
Political Participation ◽  
Public Sphere ◽  
Sao Paulo ◽  
Right To The City ◽  
São Paulo ◽  
The Public ◽  
The Public Sphere ◽  
The Right ◽  
The City

Resumo Este artigo propõe uma análise dos aspectos políticos e jurídicos do Direito à Cidade sob a perspectiva do conceito de esfera pública. O Direito à Cidade é interpretado como um elo dinâmico entre a mobilização política, a democratização das relações sociais e do aparato institucional do Estado e a garantia de melhores condições materiais de existência no espaço urbano. A partir da revisão bibliográfica sobre o tema das lutas sociais urbanas no Brasil e na cidade de São Paulo, pretende-se demonstrar que o Direito à Cidade é exercido pela população a partir dos embates na esfera pública responsáveis por impulsionar a renovação da ordem jurídica e atribuir novos sentidos ao Direito existente.

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