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

2019 ◽  
Vol 11 (4) ◽  
pp. 45
Author(s):  
Cristina Lafont

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.

Al-Ulum ◽  
2018 ◽  
Vol 18 (2) ◽  
pp. 459-480
Author(s):  
Sulaiman Ibrahim

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


2016 ◽  
Vol 49 (2) ◽  
pp. 237-266 ◽  
Author(s):  
Michal Tamir

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.


2008 ◽  
Vol 46 (2) ◽  
pp. 287-304 ◽  
Author(s):  
Katherine A. Snyder

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.


2021 ◽  
Vol 23 (51) ◽  
pp. 629-650
Author(s):  
Arthur Hirata Prist ◽  
Maria Paula Dallari Bucci

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.


2021 ◽  
Vol 21 (1) ◽  
Author(s):  
Cornelia Brantner ◽  
Helena Stehle

In the digital age, calls for transparency and openness as well as for privacy and confidentiality prevail: Struggles for visibility occur simultaneously with conflicts regarding invisibility and hidden battles for power and privileges of interpretation. Concerns about a loss of digital self-determination exist, just like those regarding the “right to be forgotten” or the right to become invisible and unseen. While the idea of a “transparent user” – as the ultimate notion of (in)voluntary visibility – has caused a broad outcry in society and in scientific debates a few years ago (Palfrey & Gasser, 2008), the discussion has shifted toward considerations of Internet governance and regulation (Camenisch, Fischer-Hübner, & Hansen, 2015). Brighenti (2010, p. 109) has pointed out that visibility has long been one of the key aspects “associated with the public sphere” and that in today’s digitized publics, the “project of democracy can no longer be imagined without taking into account visibility and its outcomes” (Brighenti, 2010, p. 189). Visibility and invisibility, along with their societal outcomes, are increasingly being discussed and analyzed, as they are becoming important dimensions in the accurate description and explanation of digital communication.


Daedalus ◽  
2017 ◽  
Vol 146 (3) ◽  
pp. 39-50 ◽  
Author(s):  
Bernard Manin

Retrieving an insight dating back to antiquity, this essay argues that the confrontation of opposing views and arguments is desirable in political deliberation. But freedom of speech and diversity among deliberators do not suffice to secure that outcome. Therefore we should actively facilitate and encourage the presentation of contrary opinions during deliberation. Such confrontation is our best means of improving the quality of collective decisions. It also counteracts the pernicious fragmentation of the public sphere. It facilitates the comprehension of choices. Lastly, arguing for and against a given decision treats the minority with respect. This essay proposes practical ways of promoting adversarial deliberation, in particular the organization of debates disconnected from electoral competition.


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