scholarly journals THE POWER OF STATE, THE RIGHT OF PARENTS, THE RIGHT OF THE CHILD – THE RIGHT TO EDUCATION AS THE RIGHT TO POSSESS CONTROL

2017 ◽  
Vol 31 (4) ◽  
pp. 7-32
Author(s):  
Magdalena Butrymowicz

Why does the state have power in the area of education over parents’ wishes? The first reason has already been explained above: these are financial and economic aspects. The second reason is of historical nature. The state has controlled education in general historically. When in the 19th century the idea of public schools was created, the state sponsored such schools. Private schools were in a good condition, since they had their own sponsors or proceeds from pupils’ tuitions. When they lost their self-sustainability, they had to request the state for some support. And, as mentioned above, the state had its interest in controlling the educational system, because it wanted to influence the upbringing process of its citizens and create an ideology, which would help to achieve the government’s goal.

1977 ◽  
Vol 17 (192) ◽  
pp. 111-127 ◽  
Author(s):  
Charles Zorgbibe

“Whenever a large organized group believes it has the right to resist the sovereign power and considers itself capable of resorting to arms, war between the two parties should take place in the same manner as between nations…” This statement by de Vattel in the 19th century seemed destined to take its place as a part of positive law, constituting part of what was known as recognition of belligerency, tantamount to the recognition by the established government of an equal status for insurgents and regular belligerents. When a civil war became extensive enough, the State attacked would understand that it was wisest to acknowledge the existence of a state of war with part of the population. This would, at the same time, allow the conflict to be seen in a truer light. The unilateral action of the legal government in recognizing belligerency would be the condition for granting belligerent rights to the parties. It would constitute a demonstration of humanity on the part of the government of the State attacked and would also provide that government with prospects for effective pursuit of the war. By admitting that it was forced to resort to war, it would at least have its hands free to make war seriously.


2003 ◽  
Vol 54 (1) ◽  
pp. 7-44
Author(s):  
Vagn Wåhlin

Folkelige og sociale bevagelser. Nyere forskningsretninger og kvalitative forstaelser[Popular and Social Movements. Recent Research Approaches and Qualitative Interpretations]By Vagn WahlinHowever fascinating Grundtvig himself is as a central figure in 19th century Denmark, we, the citizens of the Third Millennium, have to ask why and how he is also interesting today and how his word, work and influence spread. Part of the answer to that fundamental question lies in the fact that he was the right man at the right place at the right time, with the right tidings to tell some clergymen and many peasant farmers on their dominant, middle size, family farms that they were the core of the nation. But part of the answer is to be found in the fact that his followers managed to elevate him to the influencing position as an inspirer and prophet of a broad popular movement that lasted for generations after his death. This popular, national and Christian movement of the Grundtvigians interacted in the social and political development of more than a hundred years with the other broad popular and ideological movements of Denmark such as the Labour Movement, the more Evangelical movement of the Home Mission, the Temperance movements, the Suffragists and women’s organizations, the associations of the world of sport, the political and youth organizations, etc. They were all active on the local level and soon also on the national level and, from the 1880s and onwards, established more firm organizations and institutions to deal with practical matters such as schools, boy scouts, community houses, soccer stadiums, magazines, newspapers, political associations, trade unions, as well as organized economic and anticapitalistic activities by co-operative dairies, breweries, slaughterhouses, export companies etc. As long as the agrarian sector of society (until around 1960-1970) dominated the national export to pay for the large import of society, that pattern of popular movements, also in the urban industry, influenced most of Danish history and life - and is still most influential in today’s post-modern society.During absolutism (1660-1848), organized social activities and associations were forbidden or strictly controlled. Yet a growing and organized public debate appeared in Copenhagen in late 18th century, followed by literary and semi-political associations amongst the enlightened, urban bourgeoisie. Around 1840 the liberals had organized themselves into urban associations and through newspapers. They were ready to take over the power of the society and the state, but could only do so through an alliance with the peasant farmers in 1846 followed by the German uprising in 1848 by the liberals in Schleswig-Holstein.In Denmark there existed a rather distinct dividing line - economic, cultural, social and in terms of political power - between two dominant sectors of society: Copenhagen, totally dominant in the urban sector, in contrast to the agrarian world, where 80% of the population lived.In the urban as well as in the agrarian sectors of society, the movements mostly appeared to be a local protest against some modernization or innovative introductions felt as a threat to religious or material interests - except for a few cases, where the state wanted an enlightened debate as in the Royal Agrarian Society of 1769. Whether the said local protesters won or lost, their self organization in the matter could lead to a higher degree of civil activity, which again could lead to the spread of their viewpoints and models of early organization. The introduction of civil liberties by the Constitution of 1849 made it more easy and acceptable for the broad masses of society to organize. However, with the spread of organizations and their institutions in the latter part of the 19th century, an ethical and social understanding arose that the power of the organized citizens should be extended from the special or vested interests of the founding group to the benefit of the whole of society and of all classes.So everybody who contributes positively, little or much, to the upholding and development of Danish society should be benefited and embraced by the popular movements. Around 1925 the Labour Movement as the last and largest in number and very influential had finally accepted that ethical point of view and left the older understanding of the suppressed army of toiling and hungry workers. The people, the ‘folk’, and the country of all classes had then been united into ‘Danmark for folket’ (a Denmark o f by and fo r the people).So while a social movement may be an organization of mere protest or vested interests or a short-lived phenomena, a ‘folkelig bevagelse’ (popular movement) became what it was at first - in the understanding of the majority of the Danes, but not in the eyes of the 19th century bourgeois and landowner elite - a positive label. It is still so today, though it is now questioned by many of the more internationally-minded members of the new elite. The word ‘folk’ in the term ‘folkelig bevagelse’ is so highly valued that nearly all political parties of today have included it in their names. For the majority of people, Danish and popular and movements stand for the organized societal activity of those who accept the language, history, culture including religion, landscapes, national symbols, etc. of Denmark and who incorporate all this as a valid part of their self-understanding just as they actively take part in the mutual responsibility for their fellow countrymen. This general attitude is most clearly demonstrated when it is severely breached by some individual or group.With the addition of the Church and the Christian dimension, we have what is the essence of Grundtvig’s heritage. Without this source of inspiration, the popular movements up to a generation ago would have been different and perhaps of less importance, and without the popular movements, Grundtvig’s influence would have been less important in Denmark of the last hundred years. We may best understand this as a process of mutual dependency and of a mutual societal interaction.


2017 ◽  
Vol 105 ◽  
pp. 119-142
Author(s):  
Renata Raszewska-Skałecka

EDUCATION OF PEOPLE WITH DISABILITIES AS A COMMON GOOD — CONSIDERATIONS ON ADMINISTRATIVE AND LEGAL BACKGROUNDEducation of people with disabilities, considered as acommon good, points out legal subjectivity of adisabled person, the right to education and educational duties in the educational system. From the perspective of the state and its administration education, understood as acommon good, means performance of educational tasks in the scope of special education for a disabled person.


2019 ◽  
Vol 63 (3-4) ◽  
pp. 139-145
Author(s):  
Marta Konířová

The development of school libraries established at schools providing elementary education in the 19th century is closely related to the development of this type of schools after 1774, when the General School Rules were published. For the first time, they referred to education as a political issue and declared the interest of the state in the education of all the population. In the 1820s, a decree of the court study committee ordered district school supervisors to inspect books in school libraries and gave them the right to decide whether a particular book fits into the school library. In 1869, a new school act cancelled the supervision of the Church over schools and transferred it to the state. First, the state supported school libraries by listing them among the teaching aids that should be available for every school. In addition, a decree of the Ministry of Cult and Education encouraged the establishment of school libraries where they were still missing. Subsequently (1875), however, the ministry ordered teachers to check new books acquired by school libraries, to inspect also all the other books already deposited in the libraries and to discard all of those that were unsuitable. Ten years later (1885), new inspection of all school libraries was ordered.


Author(s):  
Martin Scheutz

Poverty and Institutional Poor Relief. The Misery of Responsibility. Poor relief in Lower Austria in the 19th century took place in an area of conflict between municipalities, the political districts and the state, the law on the right of domicile, amended in 1863, placing provision services primarily on the shoulders of the municipalities. The communes had to care for the local poor, the “push system” (Schubsystem) returned them to their home communes – but such care mostly proved inadequate. After the unbundling of institutional care for the poor via the foundation of general hospitals, ever more poorhouses dedicated to old-age care were built, but also hostels (Naturalverpflegestationen), which were principally aimed at jobseekers.


2017 ◽  
Vol 75 (4) ◽  
pp. 324-334
Author(s):  
Theresa Adrião ◽  
Teise Garcia ◽  
Juliana Azevedo

This research aims to present a result on three educational policies in force in Brazil that link public education at the stage of compulsory schooling to the interests of corporations or sectors linked to them. The first is called Integral Secondary Education and was implemented in one of the poorest regions of the country, the state of Pernambuco; The second identified as Education - Commitment Program São Paulo is being developed in the richest region of Brazil, the state of São Paulo, where the third policy was also disseminated with the adoption of so - called Private Education Systems in public schools. The research, of a qualitative nature, derives from research in primary documentary sources and semi-structured interviews with educational managers. The results confirm the trends identified in the literature, according to which education, when it is a field for business expansion through the performance of private companies directly in the management of public education, accentuates inequalities of access to schooling processes. In the analyzed cases, these inequalities are observed in the unequal access to the time of permanence in the school; In the unequal working conditions of teachers and in the allocation of public funds to profitable companies, to the detriment of investment in public education. Keywords: public primary education, privatization of education, right to education.


Author(s):  
فايزة سعيداني

The right to education at the international and domestic levels has become the interest of several parties who are responsible and obliged to achieve and respect this right, by recruiting all relevant parties and the means available for this. Like other countries, Algeria has recognized this right since the date of independence and is enshrined in all successive constitutions. Where the constitutional founder recognizes the principle of free education, the principle of compulsory basic education, and the state is responsible for regulating the educational system and ensuring equal access to education, but these constitutional principles can only be effective if supported by the legal provisions governing and specifying the applicable provisions in order to achieve the exercise of this right, which has long been considered a fundamental requirement at the international and domestic level. Through this presentation, we have tried to ask how the legal text of the right to education is addressed and whether it was sufficient to meet the basic demands of the educational system in the light of globalization, technological development and digitization. In this context, it was necessary to address the various legal texts and various conventions that addressed the dedication and strengthening of the right to education at the international level and its results at the internal level, which is what we will address through this intervention, by addressing the analysis of the various Algerian legal texts related to the subject through the division of work into two main axes. The descriptive and analytical approaches have been relied upon to reach different results and solutions for improving the curriculum and the educational system in general.


2019 ◽  
pp. 71-78
Author(s):  
Sarit Albaldes Liviatan

Education, by its very nature, is an institution that preserves tradition and its values, and thus preserves structures, patterns and processes that have become rooted in society and continue to influence and shape it. Education was one of the significant forces in the shaping of modern culture and the modern social cohesion of the Jewish people along with the peoples of Europe from the end of the 19th century and throughout the entire process of its renewed hold over its land. In the period that preceded the establishment of the State the focuses of power were distributed politically, with the considerable involvement of the community in what was done in education. Since the establishment of the State, the structure of the shaping of education policy in Israel has experienced changes. The principle of statehood guided Prime Minister Ben-Gurion, who sought to apply it also to the educational system. For many years since the establishment of the State, changes have been made in the national consensus about the emphasis of values, according to the spirit of the era and the major events that occurred in the country and society in Israel. In the transition to the 21st century, Israeli society is undergoing major changes that have direct implications on the positioning of formal education in society and on the image of the desired graduate.


Author(s):  
Liubomyr Ilyn

Purpose. The purpose of the article is to analyze and systematize the views of social and political thinkers of Galicia in the 19th - beginning of the 20th centuries. on the right and manner of organizing a nation-state as a cathedral. Method. The methodology includes a set of general scientific, special legal, special historical and philosophical methods of scientific knowledge, as well as the principles of objectivity, historicism, systematic and comprehensive. The problem-chronological approach made it possible to identify the main stages of the evolution of the content of the idea of catholicity in Galicia's legal thought of the 19th century. Results. It is established that the idea of catholicity, which was borrowed from church terminology, during the nineteenth century. acquired clear legal and philosophical features that turned it into an effective principle of achieving state unity and integrity. For the Ukrainian statesmen of the 19th century. the idea of catholicity became fundamental in view of the separation of Ukrainians between the Russian and Austro-Hungarian empires. The idea of unity of Ukrainians of Galicia and the Dnieper region, formulated for the first time by the members of the Russian Trinity, underwent a long evolution and received theoretical reflection in the work of Bachynsky's «Ukraine irredenta». It is established that catholicity should be understood as a legal principle, according to which decisions are made in dialogue, by consensus, and thus able to satisfy the absolute majority of citizens of the state. For Galician Ukrainians, the principle of unity in the nineteenth century. implemented through the prism of «state» and «international» approaches. Scientific novelty. The main stages of formation and development of the idea of catholicity in the views of social and political figures of Halychyna of the XIX – beginning of the XX centuries are highlighted in the work. and highlighting the distinctive features of «national statehood» that they promoted and understood as possible in the process of unification of Ukrainian lands into one state. Practical significance. The results of the study can be used in further historical and legal studies, preparation of special courses.


2018 ◽  
Vol 3 (2) ◽  
Author(s):  
Nurman Kholis

Abstract. Many Muslims in the Riau Islands do not know the history of the development of Islamic theory from the center of power to spread to various corners. This is as the existence of the Great Mosque of Raja Haji Abdul Ghani (MBRHAG) on Buru Island, Karimun. Thus, to uncover the existence of this mosque, qualitative research methods are used so that history, architecture, and socio-religious functions can be known. Based on the results of the study it was concluded that the establishment of MBRHAG was initiated by Raja Haji Abdul Ghani. He was the first Amir (sub-district level government) of the kingdom of Riau-Lingga on Buru Island, in the 19th century. The architecture is a Chinese. Therefore, on the right side of this mosque is around 200 m, there is also the Sam Po Teng Temple and the Tri Dharma Dewa Bumi. Thus, the close location of the mosque with Chinese and Confucian worship houses's shows a harmonious relationship between Malay Muslims and Chinese Buddhists. In fact, in the continuation of this relationship there was information that a Chinese Buddhist had joined a Muslim friend to fast for half a month of Ramadan.Keywords: Mosque, Malay Muslims, Chinese Buddhists/Confucians, Harmonious RelationsAbstrak. Umat Islam di Kepulauan Riau banyak yang tidak mengenal sejarah perkembangan ajaran Islam dari pusat kekuasaan hingga tersebar ke berbagai pelosok. Hal ini sebagaimana keberadaan Masjid Besar Raja Haji Abdul Ghani (MBRHAG) di Pulau Buru, Karimun. Dengan demikian, untuk mengungkapkan keberadaan masjid ini digunakan metode penelitian kualitatif  agar dapat diketahui sejarah, arsitektur, dan fungsi sosial keagamaannya.  Berdasarkan hasil penelitian diperoleh kesimpulan bahwa pendirian MBRHAG diprakarsai oleh Raja Haji Abdul Ghani. Ia adalah Amir (pemerintah setingkat kecamatan) pertama kerajaan Riau-Lingga di Pulau Buru, pada abad ke-19. Adapun arsitekturnya adalah seorang Tionghoa. Karena itu, di sebelah kanan masjid ini sekitar 200 m juga terdapat Kelenteng Sam Po Teng dan cetya Tri Dharma Dewa Bumi. Dengan demikian, dekatnya lokasi masjid dengan rumah ibadah umat Tionghoa dan Khonghucu ini menunjukkan hubungan yang harmonis antara muslim Melayu dengan Budhis Tionghoa. Bahkan, dalam kelangsungan hubungan ini terdapat informasi seorang Buddhis Tionghoa pernah ikut temannya yang beragama muslim untuk berpuasa selama setengah bulan Ramadhan.Kata Kunci: Masjid, Muslim Melayu, Buddhis/Khonghucu Tionghoa, Hubungan Harmonis


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