scholarly journals The “Cultural Test” as Cultural Expertise: Evolution of a Legal–Anthropological Tool for Judges

Laws ◽  
2019 ◽  
Vol 8 (3) ◽  
pp. 15 ◽  
Author(s):  
Ilenia Ruggiu
Keyword(s):  
Cultural Practice ◽  
The State ◽  
Minority Communities ◽  
Other Information ◽  
Historical Origin ◽  
Legal Test

This paper analyzes the state of cultural expertise in Italy and then focuses on how it can be improved through a kind of cultural expertise that Italian academics, judges, and lawyers are currently debating: the so-called “cultural test”. This is a legal test for dealing with culture, which originally emerged as judicial tool in Northern American courts: It consists of a set of pre-established questions that a judge has to answer in order to decide whether or not to accept a cultural claim made by a migrant or by a person that belongs to minority communities. Whereas some questions of the cultural test refer to typical legal balancing between rights, other questions incorporate anthropological knowledge within the trial, requiring the judge to analyze the cultural practice at issue, its historical origin, the importance it has within the community, and other information about which the judge would not be sufficiently knowledgeable without resorting to anthropology. In this sense, the “cultural test” is a form of standardized cultural expertise that helps both the judge and the cultural expert in their tasks. The paper reveals both the arguments against and those in favor of the adoption of the “cultural test” and how they are currently unfolding in the Italian debate.

The resistible rise of Islamophobia

2007 ◽  
Vol 43 (1) ◽  
pp. 61-86 ◽  
Author(s):  
Scott Poynting ◽  
Victoria Mason
Keyword(s):  
Causal Relationship ◽  
Cultural Politics ◽  
The State ◽  
Minority Communities ◽  
Religious Minorities ◽  
Racial Hatred ◽  
Immigration And Settlement

This article compares the rise of anti-Muslim racism in Britain and Australia, from 1989 to 2001, as a foundation for assessing the extent to which the upsurge of Islamophobia after 11 September was a development of existing patterns of racism in these two countries. The respective histories of immigration and settlement by Muslim populations are outlined, along with the relevant immigration and ‘ethnic affairs’ policies and the resulting demographics. The article traces the ideologies of xenophobia that developed in Britain and Australia over this period. It records a transition from anti-Asian and anti-Arab racism to anti-Muslim racism, reflected in and responding to changes in the identities and cultural politics of the minority communities. It outlines instances of the racial and ethnic targeting by the state of the ethnic and religious minorities concerned, and postulates a causal relationship between this and the shifting patterns of acts of racial hatred, vilification and discrimination.

scholarly journals Cadastral maps of irrigated areas by center pivots in the State of Minas Gerais, using CBERS-2B/CCD satellite imaging

2011 ◽  
Vol 31 (4) ◽  
pp. 771-780 ◽  
Author(s):  
Elizabeth Ferreira ◽  
Joice H. de Toledo ◽  
Antonio A. A. Dantas ◽  
Rafael M. Pereira
Keyword(s):  
Satellite Images ◽  
Minas Gerais ◽  
The State ◽  
Irrigated Agriculture ◽  
Satellite Imaging ◽  
Cadastral Maps ◽  
Irrigated Area ◽  
Medium Resolution ◽  
Center Pivot ◽  
Other Information

Medium-resolution satellite images have been widely used for the identification and quantification of irrigated areas by center pivot. These areas, which present predominantly circular forms, can be easily identified by visual analyses of these images. In addition to identifying and quantifying areas irrigated by center pivot, other information that is associated to these areas is fundamental for producing cadastral maps. The goal of this work was to generate cadastral mapping of areas irrigated by center pivots in the State of Minas Gerais, Brazil, with the purpose of supplying information on irrigated agriculture. Using the satellite CBERS2B/CCD, images were used to identify and quantify irrigated areas and then associate these areas with a database containing information about: irrigated area, perimeter, municipality, path row, basin in which the pivot is located, and the date of image acquisition.3,781 center pivots systems were identified. The smallest area irrigated was 4.6 hectares and the largest one was 192.6 hectares. The total estimated value of irrigated area was 254,875 hectares. The largest number of center pivots appeared in the municipalities of Unaí and Paracatu, with 495 and 459 systems, respectively. Cadastral mapping is a very useful tool to assist and enhance information on irrigated agriculture in the State of Minas Gerais.

scholarly journals The History of Cultural Policy in Indonesia 1900s-2000s

2016 ◽  
Vol 28 (1) ◽  
pp. 62
Author(s):  
Wildan Sena Utama
Keyword(s):  
National Culture ◽  
Cultural Policy ◽  
Cultural Practice ◽  
The State ◽  
Colonial Period ◽  
Government Policies ◽  
The Reformation ◽  
History Of ◽  
The Government ◽  
The Relationship

This book investigates how culture, particularly national culture, in Indonesia has been shaped by the government policies from the Dutch colonial period in 1900s to the Reformation era in 2000s. It is an attempt to show the relationship between the state and culture around the process of production, circulation, regulation and reception of cultural policy through different regimes. Although this book discusses government policy, the author has realized that the book needs to overcome contradictions and confusions of cultural discourse by incorporating people as explanatory element. Many aspect of culturality may be influenced by the state, but according to Jones, “it is a field that is not stable and easy to shift that facilitates resistance, and is able to turn against the state, market and other institutions” (p. 31). Jones employs two postcolonial cultural policy tools to review the history of cultural policy in Indonesia: authoritarian cultural policy and command culture. The first means that the state has assumption if majority of citizen do not have capability to inspirit a responsible citizenship and need a state’s direction in the choice of their culture. On the contrary, command culture shows that the cultural idea that is planned in fact always been placing the state as center in planning, creating policy and revising cultural practice.

RESEARCH OF WAYS TO DEVELOP ACCURATE DIGITAL MODELS FOR OBJECTS AND NODES OF TRANSPORT INFRASTRUCTURE

2021 ◽  
Vol 4 (30) ◽  
pp. 114-121
Author(s):  
N. N. Maiorov ◽  
◽  
A. A. Dobrovolskaya ◽  
V. E. Taratun ◽  
◽  
...  
Keyword(s):  
General Scheme ◽  
The State ◽  
Unmanned Aircraft ◽  
Transport Network ◽  
Transport Infrastructure ◽  
Digital Model ◽  
Transport Systems ◽  
Digital Models ◽  
Other Information ◽  
System Nodes

The article solves the problem of finding a solution for building a digital model of the transport network or transport infrastructure object. On the basis of the analysis, the limitation of available solutions is given and the limited state of implementation of digital models in new modernizations of transport systems is fixed. The paper provides a general scheme of using documentation of the state of the transport system, nodes and elements and considers examples based on real transport systems. The paper examines the basic requirements for digital transport models and proposes a solution based on the use of unmanned aircraft systems. A model of formation of flight task variants is proposed and, as a proof of relevance of the research, the results of a real experiment are given. The task of modernizing a segment of the transport network of the city, the identification of the state of the site on the basis of data from unmanned aircraft system is considered. The article presents a solution to the problem, which has a high quality of building a digital model and the possibility of integration into other information systems for monitoring the condition and forecasting of development.

Part 9 International Cooperation and Judicial Assistance: Coopération Internationale Et Assistance Judiciaire, Art.92 Provisional arrest/Arrestation provisoire

2016 ◽  
Author(s):  
Schabas William A
Keyword(s):  
International Cooperation ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
The State ◽  
Coopération Internationale ◽  
Other Information ◽  
Judicial Assistance

This chapter comments on Article 92 of the Rome Statute of the International Criminal Court. Article 92 grants the Court authority, ‘[i]n urgent cases’, to request the provisional arrest of the person sought, pending presentation of the request for surrender and the documents supporting the request as specified in article 91. When a request is made to a State in accordance with article 92, the Registrar ‘invites’ the State to inform him or her of the arrest, and ‘to provide, inter alia’, personal details and other information concerning the arrest, including a confirmation of ‘the information given to the arrested person in respect of his or her rights’.

scholarly journals The State Archives of the Republic of Macedonia: Use of Archival Material and Data Protection Pursuant to the Law on Personal Data Protection and the General Data Protection Regulation

Atlanti ◽  
2018 ◽  
Vol 28 (2) ◽  
pp. 91-98
Author(s):  
Svetlana Usprcova
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
The State ◽  
General Data Protection Regulation ◽  
Archival Material ◽  
Personal Data Protection ◽  
Republic Of Macedonia ◽  
Other Information ◽  
The Republic ◽  
State Archives

The aim of this paper is to explain the position of the State Archives of the Republic of Macedonia as guardian of the archival material, which is a subject of use for scientific, academic, administrative, public, publishing, exhibition and other purposes. In the process of use of the archival material, the archivists must be very careful in order to protect confidential, sensitive, legal and other information contained in the archival material, and take some measures in relation to the personal data protection. Herein, the author, also talks about the current Law on personal data protection and the harmonisation of the national law with the European legislation.

scholarly journals Leo Tolstoy's novella “The Prisoner of the Caucasus”: on the question of creative history

2021 ◽  
Vol 26 (4) ◽  
pp. 107-112
Author(s):  
Yevgeniya V. Nikolayeva
Keyword(s):  
Comparative Analysis ◽  
Short Story ◽  
The State ◽  
Leo Tolstoy ◽  
The Caucasus ◽  
Minor Characters ◽  
Other Information ◽  
Children's Stories ◽  
Children's Reading ◽  
First Time

For the first time, the article presents a comparative analysis of Alexander. Pushkin's remarks about his poem “The Prisoner of the Caucasus” and Leo Tolstoy's short story of the same name, written for children's reading and placed in "The Alphabet Book". In the second half of the 1850s, Leo Tolstoy carefully and with numerous notes read the biography of Pushkin, published by Pavel Annenkov for the collected works of the great author. We can assume that from this time the writer begins a conscious study of Pushkin's prose, which previously had not attracted him. In this book, Leo Tolstoy marks out in pencil, among other information, the unsent Pushkin’s letter to Nikolay Gnedich, in which the author of the poem critically examines its shortcomings. In the late 1860s and the early 1870s, Leo Tolstoy was experiencing a serious creative crisis caused by dissatisfaction with the state of fiction, especially language, of that time. He begins to focus on the language of "folkish literature", for the first time applying new "writing techniques" when creating children's stories for "The Alphabet Book". Comparison of Pushkin's critical remarks about his work with the content, images of the main characters, minor characters and their storylines in Leo Tolstoy's story "The Prisoner of the Caucasus" convinces that the writer took into account Pushkin's remarks, having received from Puskin a genuine lesson in skill.

scholarly journals Fighting Imagined Invasions with Administrative Violence.

2020 ◽  
Vol 2 (2) ◽  
pp. 194-221
Author(s):  
José-María Arraiza ◽  
Phyu Zin Aye ◽  
Marina Arraiza Shakirova
Keyword(s):  
Dominican Republic ◽  
The State ◽  
Public Officials ◽  
Minority Communities ◽  
Common Trends ◽  
The World ◽  
Massive Scale ◽  
Citizenship Laws

Discriminatory policies have the capacity to create statelessness on a massive scale and the majority of stateless persons around the world belong to impoverished minority communities. The intentionality of such discrimination is guided by xenophobia, racism and particularly nativism: the belief that an internal minority with foreign connections is a threat to the nation. Hence, target communities are re-imagined as an enemy invader. This article analyses and compares how such ideologies have resulted in statelessness in the cases of Myanmar, the Dominican Republic and the State of Assam in India. These three scenarios have internal minorities (Rohingya in Myanmar, ethnic Haitians in Dominican Republic and Bengalis in India) that have been represented, based on kinship lines with neighbouring states, as enemy intruders by public officials and institutions. The authors compare how in the three scenarios nativist policies, the erosion of jus soli in citizenship laws and administrative violence have been used to ‘fight’ these imagined invasions and identify common trends

scholarly journals Ontological Security, Trauma and Violence, and the Protection of Women: Polygamy Among Minority Communities

2021 ◽  
Vol 12 ◽  
Author(s):  
Ayelet Harel-Shalev ◽  
Rebecca Kook
Keyword(s):  
State Level ◽  
The State ◽  
Minority Women ◽  
Complex Relationship ◽  
Ontological Security ◽  
Minority Communities ◽  
The Right ◽  
Women Violence ◽  
The Relationship

In this article, we examine the special challenges posed by the practice of polygamy to minority women, focusing on the ways that the state and the women confront the related experiences of violence and trauma associated with this practice. Based on analysis of both policy and interviews with women, we demonstrate the tension between the different mechanisms adopted by the state as opposed to those adopted by the women themselves. We suggest that the concept of ontological security is valuable for a deeper understanding of the range of state motivations in cases related to minority women, violence, and the right for protection. Our case study is the Bedouin community in Israel. We explore the relationship between individual and state-level conceptions of violence and trauma and the complex relationship between these two. We examine state discourses of ontological security through a gendered lens, as frameworks of belonging and mechanisms of exclusion.

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