scholarly journals Indigenous Ethics and Bionomic Concepts in the New Latin American Constitutions and their Contribution to the Environmental Debate

2016 ◽  
Vol 1 (2) ◽  
pp. 72-88
Author(s):  
Ronei Alberti Da Rosa

In Latin America, the public sphere has historically conceded a narrow participation range to the indigenous people. Following democratization that changed the continent starting in the 1980s, some Andean countries began to adopt constitutional reforms that enabled the indigenous communities to participate in national decision making.   They even went to the point of putting the traditional justice applied by minority groups and the national modern constitutions on the same level.  This is particularly the case with Ecuador and Bolivia. In 2008, Ecuador became the first nation to codify and include in its constitution the Rights of Nature. The Ecuadorian ecosystem, thus, became a person of rights, possessing inalienable rights to exist and flourish. Citizens were as well given authority to petition on behalf of the ecosystem. In Bolivia, the New State Politic Constitution, approved in 2009, bestows upon the indigenous groups the right of applying their own justice. This process expresses the accommodation of two juristic zones: that from the Enlightenment positivistic tradition and the autochthonous one. This new legal architecture included regional popular ethical principles that widened the debate about the natural environment and the way the state deals with it. It is the case of concepts like Pachamama (a holistic notion of world) and sumak kawsay (equivalent to that of wellbeing, or even the Good Life). Their revival has diversified the internal juridical landscape by adding an Amerindian perspectivism. This paper will investigate the range of the application of indigenous Ethics and bionomic concepts in multicultural societies, specifically in the case of Latin American countries that have included such elements in their constitutions. It will discuss whether that sort of parallel axiological system could represent a valuable contribution to the global environmental debate.

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.


2021 ◽  
Vol 31 (2) ◽  
pp. 89-106
Author(s):  
Shmuel Feiner ◽  

Moses Mendelssohn (1729–1786) wrote Jerusalem with his back to the wall. His Jewish identity and liberal outlook were challenged in the public sphere of the German Enlightenment, and this was his last opportunity to write a book that would perpetuate the essence of his faith and his values as the first modern Jewish humanist. The work, which moves between apologetics for his faith and political and religious philosophy was primarily a daring essay that categorically denied the rule of religion and advocated tolerance and freedom of thought. Neither the state nor the church had the right to govern a person’s conscience; and, no less far-reaching and pioneering: these values are consistent with Judaism. In the summer of 1783, seven years after the resounding voice of protest against tyranny and in favor of liberty and equality was heard in the American Declaration of Independence, less than six years before the French Revolution, but only two years and two months before his death, the man who was called the “German Socrates,” a highly prominent figure in the Enlightenment, published one of the fundamental documents in Jewish modernity.


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.


Author(s):  
Lori G. Beaman

This chapter problematizes the notions and language of tolerance and accommodation in relation to religious diversity, and traces their genealogy both as legal solutions and as discursive frameworks within which religious diversity is increasingly understood in the public sphere. The problem they pose is that they create a hierarchy of privilege that preserves hegemonic power relations by religious majorities over religious minorities. Tolerance in this context might be imagined as the broadly stated value that we must deal with diversity and those who are different from us by tolerating them. Accommodation might be seen as the implementation of this value—that in order to demonstrate our commitment to tolerance we must accommodate the ‘demands’ of minority groups and those individuals who position themselves or align themselves with minorities.


2019 ◽  
pp. 179-198 ◽  
Author(s):  
Manfredo Manfredini

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.


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


2019 ◽  
Vol 59 (2) ◽  
pp. 639
Author(s):  
Michael Lynn ◽  
David Wirrpanda

As oil and gas operators and service providers look to embrace automation and analytics, many of the traditional partnerships with Aboriginal communities relating to employment and career pathways are likely to be challenged. The paper explores how digital trends are affecting, and are likely to affect, Indigenous communities in their partnerships with oil and gas organisations. Workplace roles and activities are evolving in our increasingly digitised world, causing a perceived threat to employment for minority groups such as Indigenous communities. In order to ensure the ongoing presence of opportunities for Indigenous workers in the ‘future of work’, oil and gas organisations will need to augment digital technologies to cater for and enhance existing and future roles. This paper presents a framework for Indigenous communities, governments, oil and gas operators and service providers to embrace digitisation and create sustainable relationships. An approach is considered to engage with Indigenous communities with objectives of executing on their Reconciliation Action Plans and addressing culture and employment challenges that arise through digitisation. The framework positions oil and gas operators and service providers to pivot themselves not only to sustain, but also to enhance Indigenous employment opportunities in a digital workplace. Digitisation is here, but with the right approach it can positively affect and shape partnerships between oil and gas organisations and Indigenous communities.


2006 ◽  
Vol 23 (7-8) ◽  
pp. 209-220 ◽  
Author(s):  
Rob Shields

As a literary figure or conceit, Haraway’s cyborg is kin to Dumas’ and Balzac’s flâneur. As a social science fiction, crossing and mixing categories, the cyborg is an abject quasi-body who does not fit the Enlightenment model of the political subject and actor. The ‘Manifesto’ has a geography of sites - Home, Market, Paid Work Place, State, School, Clinic-Hospital and Church - which this article updates and to which it adds the Body and the Web. However, Haraway’s ‘cyborg-analysis’ directs attention to the nanotechnological scale of biotechnology. The spatialization implied in the ‘Manifesto’ is more like a surface, a site of regeneration, not a space of the body or of rebirth or the space of institutions such as the Market or School. The cyborg cannot be an Enlightenment political actor, but challenges the traditions, scale and space of the public sphere even as she carries ethical qualities and potentials for less normative forms of politics.


Author(s):  
Virginia Garrard ◽  
Justin M. Doran

Pentecostalism, a Christian renewal movement that emphasizes ecstatic bodily worship and charismatic practices, transformed Latin American Christianity over the course of the twentieth century. While they were influenced by the disruptive North American Holiness movements from which their piety originated, converts adapted Pentecostal Christianity to local economic and political realities that generated new, Latin American forms of Pentecostalism. This chapter traces the dynamics of Pentecostal transformation in Latin America across two case studies: Guatemala and Brazil. Both countries underwent enormous shifts in religious demographics and practices that reveal similar trends amid substantial diversity in the Pentecostalization of Latin America. Guatemala’s Pentecostal boom occurred through the country’s tumultuous thirty-year conflict between leftist guerrillas and an intractable military government. Pentecostalization crescendoed while military general Efrain Ríos Montt, a Pentecostal, came to power and oversaw the violent deaths of as many as 200,000 civilians who were predominantly indigenous Maya. Vast numbers of conversions to Pentecostalism followed, revealing its power to re-enchant destroyed and seemingly hopeless worlds. Brazilian Pentecostalism maintained a subdued, conservative critical presence within Brazilian society until neo-Pentecostal evangelists asserted themselves in the public sphere, taking on popular African diasporic religions, Spiritism, and established Catholicism in equal measure. After democracy was re-established, neo-Pentecostal churches—magnified by their immense fortunes garnered from prosperity theologies—reshaped the Brazilian relationship between Christian piety, national culture, and secular government. Today, Pentecostal and neo-Pentecostal churches sustain a transnational culture that connects Christians across Latin America, dynamically reshaping both social relations and Latin American Christianity itself.


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