scholarly journals Dialectics of ‘Inclusion and Exclusion’ in Nepal: A Review

2021 ◽  
Vol 21 ◽  
pp. 50-61
Author(s):  
Chandra D. Bhatta

Nepal’s post 1990s political discourse has witnessed many issues and the most important ones, among them, are also related to inclusion and exclusion. Both of them have taken the centre stage for their own reasons.  Yet, the debate itself is not going toward the right direction and there is more than one reason for that. A closer look of the discourse on the subject indicates that it certainly has not been much helpful to address problems coming out of it. In contrast, it has not only weakened the social fabric of society but also preparing grounds for the latent conflicts as well. If Nepal’s problems of inclusion and exclusion are to be resolved, there certainly is a need to revisit the debate itself. There are certainly problems in Nepali society as they are in others societies as well. Having said this, however, the crux of the matter is that the narrative that has been established in society over the years and their role in guiding the process is not free problem. Among many other factors, they do not necessarily take societal realities and its foundations into consideration. 

2017 ◽  
Vol 6 (2) ◽  
pp. 135-140
Author(s):  
Constantin Vadimovich Troianowski

This article investigates the process of designing of the new social estate in imperial Russia - odnodvortsy of the western provinces. This social category was designed specifically for those petty szlachta who did not possess documents to prove their noble ancestry and status. The author analyses deliberations on the subject that took place in the Committee for the Western Provinces. The author focuses on the argument between senior imperial officials and the Grodno governor Mikhail Muraviev on the issue of registering petty szlachta in fiscal rolls. Muraviev argued against setting up a special fiscal-administrative category for petty szlachta suggesting that its members should join the already existing unprivileged categories of peasants and burgers. Because this proposal ran against the established fiscal practices, the Committee opted for creating a distinct social estate for petty szlachta. The existing social estate paradigm in Russia pre-assigned the location of the new soslovie in the imperial social hierarchy. Western odnodvortsy were to be included into a broad legal status category of the free inhabitants. Despite similarity of the name, the new estate was not modeled on the odnodvortsy of the Russian provinces because they retained from the past certain privileges (e.g. the right to possess serfs) that did not correspond to the 19th century attributes of unprivileged social estates.


2016 ◽  
Vol 13 (3) ◽  
pp. 89
Author(s):  
Beata Gessel-Kalinowska vel Kalisz

THE PERCEPTION OF THE PRACTICE OF CONFIDENTIALITY IN ARBITRATION. AN ANALYSIS OF THE RESULTS OF A SURVEY CARRIED OUT BY THE LEWIATAN COURT OF ARBITRATION AMONG POLISH ARBITRATION PRACTITIONERS Summary As with numerous other systems of law, such as Norwegian, Swedish or Australian law, the Polish legal system does not have a clear and uniform norm of law governing confidentiality and privacy in arbitration. Public opinion frequently refers to the role of custom as the source of the obligation to preserve confidentiality, although usually it does so without a detailed analysis of the subject and object of this obligation. This fact provided the inspiration for a survey carried out among Polish arbitration practitioners. The results of the survey present an interesting picture of what is subjectively perceived by arbitration practitioners as forming part of the confidentiality canons in arbitration proceedings. In principle, they reflect the worldwide trends, i.e. as far as the object of the confidentiality obligation is concerned – in camera sessions and the confidentiality of awards, and as regards its subject – the confidentiality obligation imposed on arbitrators and arbitration institutions. In addition, the customary practice of keeping confidential any information obtained in the course of proceedings is perceived as the right conduct as far as the object of the obligation is concerned. One of the very controversial issues is the matter of parties’ responsibilities, which leads to further questions as to individual arbitrators’ membership of the social (professional) group known as “arbitration practitioners”.


2018 ◽  
Vol 13 (4) ◽  
pp. 601-616 ◽  
Author(s):  
Marcela Cornejo ◽  
Carolina Rocha ◽  
Nicolás Villarroel ◽  
Enzo Cáceres ◽  
Anastassia Vivanco

The current memory struggles about the Chilean dictatorship makes it increasingly relevant to hear a diverse range of voices on the subject. One way of addressing this is to study autobiographical narratives, in which people construct a character to present themselves as the protagonists of a story by taking multiple positions regarding what is remembered. This article presents a study that analyzed the life stories of Chilean people (diverse in their generations, cities, experiences of political repression, political orientations and socio-economic levels) and that distinguished between the positions that they take when presenting themselves as the protagonists of an autobiographical story about the Chilean dictatorship. The results point to salient and recurrent positions that allow people to earn the right to be considered part of the social history of the dictatorship, that involve different definitions regarding those responsible and the victims of what happened, and that unveil a strong family and filial logic of remembering.


2020 ◽  
Vol 23 (4) ◽  
pp. 15-42 ◽  
Author(s):  
Egil Asprem

The election of the 45th president of the United States set in motion a hidden war in the world of the occult. From the meme-filled underworld of alt-right-dominated imageboards to a widely publicized “binding spell” against Trump and his supporters, the social and ideological divides ripping the American social fabric apart are mirrored by witches, magicians, and other esotericists fighting each other with magical means. This article identifies key currents and developments and attempts to make sense of the wider phenomenon of why and how the occult becomes a political resource. The focus is on the alt-right’s emerging online esoteric religion, the increasingly enchanted notion of “meme magic,” and the open confrontation between different magical paradigms that has ensued since Trump’s election in 2016. It brings attention to the competing views of magical efficacy that have emerged as material and political stakes increase, and theorizes the religionizing tendency of segments of the alt-right online as a partly spontaneous and partially deliberate attempt to create “collective effervescence” and galvanize a movement around a charismatic authority. Special focus is given to the ways in which the politicized magic of both the left and the right produce “affect networks” that motivate political behaviors through the mobilization of (mostly aversive) emotions.


2021 ◽  
Vol 10 (38) ◽  
pp. 168-177
Author(s):  
Boris Perezhniak ◽  
Dariia Balobanova ◽  
Liliia Timofieieva ◽  
Olena Tavlui ◽  
Yuliia Poliuk

One of the most important places among the universally recognized rights is the right to a fair trial. The essence of this right is that any violated right can be restored through a particular procedure. In the absence of an effective method for the protection of rights and interests, the rights and freedoms recognized and enshrined in law are only declarative provisions. Given the significant role of the right to a fair trial and changes in its provision under quarantine restrictions, it is necessary to analyze the content of this right, highlight principal requirements and problematic aspects of implementation given the current conditions of social relations. The purpose of the work is to analyze the content of the right to a fair trial. The subject of the study is the social relations that arise, change, and terminate during the exercise of the right to a fair trial. The research methodology includes such methods as a statistical-mathematical method, method of social-legal experiment, cybernetic method, comparative-legal method, formal-legal method, logical-legal method, and method of alternatives. The study will analyze the content of the right to a fair trial as international law and national law, its impact and interaction with the national legal system of Ukraine, which includes theoretical, applied, and common law aspects and conceptual rethinking in an era of quarantine restrictions.


Stasis ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 41-76
Author(s):  
Georgy Vanunts

A common narrative about the recent reactionary turn in electoral democracies around the world highlights a fundamental lack in the heart of neoliberal rationality — a lack of political/ social in the version of critical theorists and a lack of morals/ traditions in the version of conservative critics. What if this lack is complemented by an excess, an antinomic element, that overdetermines this shift to the right? Following the mainstream version of neoliberal subject — an entrepreneurial self — this study reaches into the genealogy of the ‘entrepreneur’ concept in the theory of Joseph A.Schumpeter, tracing its roots to the conservative dichotomies of Werner Sombart and Friedrich von Wieser. By placing the ‘entrepreneur’ in the framework of Foucault’s theory of two discourses, I draw out the complex relationship between Schumpeterian concept and its analogues in the mainstream neoliberal theory. An outcome of this analysis is the hypotesis of polidiscoursivity: a problem of ‘barbarian subject’ at the gates (or within the city walls) of the Austrian school’s (neo)liberal utopia.


Exchange ◽  
2009 ◽  
Vol 38 (1) ◽  
pp. 84-102 ◽  
Author(s):  
Masiiwa Ragies Gunda

AbstractReconstruction theology in Africa has been the latest theological project coming out of Africa, beginning in 1990 it has gradually established itself and from 2003 a number of publications have come out on the subject. This paper seeks to make an addition to this growing list of publications. In this paper, I question the validity of the blame of external forces for all the woes that Africa is going through now. I instead propose that a functional reconstruction theology should primarily tackle the evil that we commit against ourselves. When we deal with this evil we have a likelihood of bringing African people into a proper unified group that can stand together against foreign elements. I also take issue with the selection of Nehemiah as the model upon which we can do our reconstruction theology. It is in this context that this paper suggests the prophet Amos over and above Jesus as the right model needed to confront the sort of problems we face as Africans. There is need for the church in Africa to undergo a reconstruction of its own after which the church can lead in the African reconstruction. This paper brings to the fore the painful realities of internally perpetrated evils, which are bigger than has been appreciated in many earlier contributions.


2002 ◽  
Vol 96 (4) ◽  
pp. 844-846
Author(s):  
Michael F. Lofchie

Sub-Saharan Africa continues to underperform the world's developing regions, remaining a region of pronounced economic stagnation at correspondingly frightful human and social costs. Exactly why this is so has been the subject of extensive debate both among academics and within the policy community. Since most sub-Saharan African countries have been implementing neoliberal economic reforms, there has been particularly heated discussion about whether or not these policies have helped to improve the economic environment.


2021 ◽  
Vol 61 (3-4) ◽  
pp. 323-352

Abstract The subject of this contribution is Alexander/Sándor Albrecht’s musical output from the 1920s in the context of the development of the composer’s musical style, his life and the social and political changes in Bratislava after 1918. Albrecht returned to Pressburg/Pozsony in 1908 after his studies in Budapest and devoted his organisational and artistic activity to the city; in 1921 he became the conductor at the Kirchenmusikverein (until 1952), a traditional music institution of the city. In 1920s Albrecht also achieved the creation of his own musical style. Coming out from a base of late Romanticism, Albrecht applied in that time the modernistic principles to his œuvre. In 1924 he wrote his mature Piano Suite, and in 1926 his Sonatina for 11 Instruments, an interesting piece of well-balanced formal and harmonic innovations, and one of the first pieces for chamber ensemble (after Schoenberg’s Kammersinfonie) in the Central European context. In 1929 Albrecht’s oratorio-like Marienleben: Three Poems after R. M. Rilke for soprano, mixed chorus and orchestra was successfully premiered. The present study contains detailed analyses of these three pieces, which are the most outstanding and distinctive works by the composer.


2020 ◽  
Vol 16 (1) ◽  
pp. 59-77
Author(s):  
Ran Hirschl

Extensive urbanization and the consequent rise of megacities are among the most significant demographic phenomena of our time. Our constitutional institutions and constitutional imagination, however, have not even begun to catch up with the new reality. In this article, I address four dimensions of the great constitutional silence concerning the metropolis: ( a) the tremendous interest in cities throughout much of the social sciences, as contrasted with the meager attention to the subject in constitutional theory and practice; ( b) the right to the city in theory and practice; ( c) a brief account of what national constitutions actually say about cities, and more significantly what they do not; and ( d) the dominant statist stance embedded in national constitutional orders, in particular as it addresses the sovereignty and spatial governance of the polity, as a main explanatory factor for the lack of vibrant constitutional discourse concerning urbanization in general and the metropolis in particular.


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