scholarly journals Nationalist Mobilization, Ethno-Religious Contention, and Legal Innovation in a Stateless Nation: Explaining Catalonia’s 2009 “Law on Centers of Worship”

Religions ◽  
2021 ◽  
Vol 12 (5) ◽  
pp. 295
Author(s):  
Avi Astor

This article analyzes the development and framing of Catalonia’s “Law on Centers of Worship”, an innovative law dedicated exclusively to the regulation of religious temples that was passed by the regional parliament in 2009. The law was a legal novelty in Spain, as well as in Europe, where regulations pertaining to places of worship are typically folded into regional or municipal laws and ordinances dealing with zoning and construction. This analysis highlights how the law aimed not only to address the challenges generated by the proliferation of places of worship serving religious minorities, but also to legally reinforce and symbolically affirm Catalonia’s political autonomy and cultural distinctiveness vis-à-vis Spain. I place particular emphasis on how the temporal confluence of heightened nationalist mobilization, on the one hand, and tensions surrounding ethno-religious diversification, on the other, contributed to the development of a legal innovation that integrated the governance of religious diversity within the broader nation-building project. The findings illustrate the role of historical timing and conjunctural causality in shaping the dynamic nexus between religion, law, and politics.

2017 ◽  
Vol 47 (2) ◽  
pp. 257-284
Author(s):  
Marian Burchardt

AbstractLegal anthropologists and sociologists of religion increasingly recognize the importance of law in current controversies over religious diversity. Drawing on the case of South Africa, this article explores how such controversies are shaped by contestations over what counts as ‘religion’. Analyzing the historical context and emergent forms of institutional secularity from which contemporary contestations over religious diversity draw, the article explores debates and practices of classification around religion, tradition, and culture, and the ways in which these domains are co-constituted through their claims on the law: on the one hand through an analysis of religion-related jurisprudence; on the other hand through an examination of the debates on witchcraft, law, and religion. I argue that the production of judicial knowledge of ‘religion’, ‘culture’, and ‘tradition’ is tied up with contestations over the power to define the meaning of the domains. In fact, contrary to notions of constitutionality in which rights seem to exist prior to the claims made on their basis, in a fundamental sense rights struggles help to constitute the contemporary human rights dispensation. Against the Comaroffs’ claim that judicialization depoliticizes power struggles, I show that legal claims making remains vibrantly political.


2021 ◽  
pp. 174387212110432
Author(s):  
Andro Kitus

Legitimacy is a concept that has been largely forgotten by the deconstructive discourse on law and politics. This article seeks, on the one hand, to reassess the role of legitimacy in deconstruction and, on the other hand, to bring deconstructive thinking to bear on the concept of legitimacy. By re-reading Derrida’s “Declarations of Independence” through the lenses of his later texts on sovereignty and (counter)signature, it is argued that, rather than being deconstructible, legitimacy is deconstructing any self-founding of law and power. As such, legitimacy functions not as an evaluative concept of law and order but as a constantly insisting demand that facilitates the principles of responsibility and responsiveness.


Religions ◽  
2021 ◽  
Vol 12 (9) ◽  
pp. 706
Author(s):  
Eduardo J. Ruiz Vieytez

Language and religion are two main cultural markers of collective identities and articulating factors at play in the majority-minority game. However, from a legal and political point of view, language and religion work very differently as factors for determining minorities. This is due, on the one hand, to their different connection with public bodies and, on the other hand, to the different role played by the two identity markers, more substantive in the case of religion and more instrumental in the case of language. Different forms of protection of linguistic and religious diversity and minorities have been developed so far. The two fields of protection have evolved separately and there has hardly been any dialogue between them. This article aims to analyze whether and how the usual forms of protection of linguistic diversity and linguistic minorities can be useful for the management of religious-based diversity or minorities. In this respect, linguistic diversity management draws more inspiration from religious diversity management techniques than the reverse. Nevertheless, a number of techniques that have been applied to the linguistic diversity protection may also play a potential role for the protection of religious diversity, opening the door to further synergies among legal instruments.


2019 ◽  
Vol 15 (1) ◽  
pp. 289-310 ◽  
Author(s):  
Silvia Pasquetti ◽  
Noemi Casati ◽  
Romola Sanyal

Refugees have an increasing global significance, as their numbers continue to grow and the nature of displacement continues to evolve. Different international, state, and local laws and policies play a part in refugee crises. On the one hand, then, it is important to theorize the role of the law in shaping different formations of displacement; on the other, it is also crucial to address how the people involved in these crises (government officials, street-level bureaucrats, forced migrants, and receiving populations) engage with the law. We highlight and develop three areas of sociolegal inquiry that can push forward the study of the law and politics of refuge: ( a) the uneven geography shaping the global humanitarian machine; ( b) the local contexts within which such a machine operates, interacting with different actors’ conceptualizations of justice; and ( c) the distinct dilemmas that the urban environment poses to both refugees and humanitarians. Advancing these areas of sociolegal inquiry requires enriching established theoretical sources in refugee studies with both neglected ones, such as postcolonial theory and Pierre Bourdieu's sociology of forced displacement, and newer ones, such as Didier Fassin's anthropology of morality and pragmatic sociology of ordinary judgments of fairness.


Author(s):  
Tat'yana V. Bychkova ◽  

The paper considers the role of cognitive science in creating the theory of abbreviation. The author attempts to justify the idea that nomination in the form of abbreviations proceeds in accordance with the laws of dialectics from the standpoint of cognitive science. Language, which is physiological in nature, is a material object, and its development is contradictory. On the one hand, all elements and levels of the language are in a state of functional unity and balance, on the other, internal contradictions are the source of transformations and changes . In the presence of this interaction, the impetus for the development of the language is laid. .In linguistics, the dialectic of development is explained by the existence of antinomies. Using several abbreviations as examples from the sublanguage of business communication, the author considers the antinomy of the “speaker and listener” (or between the sender and the recipient). When abbreviations occur, this antinomy is resolved in favor of the sender due to the law of speech economy. because the law of saving efforts applies. which is manifested in the rational use of speech tools in the process of communication. As for the Addressee, it is in their interest to get information in an easy to understand way, so most abbreviations, except for those assimilated in Russian, are given in brackets after the motivating word or phrase.


1977 ◽  
Vol 21 (1) ◽  
pp. 1-23 ◽  
Author(s):  
A. N. Allott

This essay is an attempt to investigate, assess and compare the role of the “people” as makers of law in a variety of customary societies in black Africa on the one hand, and in England on the other. The studies that may have been made of this sort of question by lawyers, constitutional experts, sociologists, political scientists and the like have rarely, if ever, contrasted the law-making function of the people in the two types of society. Where such a contrast has been made, it has tended to be limited to the proposition that things are quite different in the two types of society. It will be one of the arguments of this essay that, although the procedures and mechanisms of the law may fundamentally differ if one compares a highly developed, industrialised, literate society such as England with a simpler subsistence pre-literate society such as anciently those of the Ashanti and the Sotho, yet in each society, whatever the forms in which power is exercised or however absolute the authority possessed by those in power, yet the people participate constantly and in a variety of ways in a continuing process of law-making. It will be the task of this paper to isolate, describe and compare those ways.


1996 ◽  
pp. 13-23
Author(s):  
Mykhailo Babiy

Political ideological pluralism, religious diversity are characteristic features of modern Ukrainian society. On the one hand, multiculturalism, socio-political, religious differentiation of the latter appear as important characteristics of its democracy, as a practical expression of freedom, on the other - as a factor that led to the deconsocialization of society, gave rise to "nodal points" of tension, confrontational processes, in particular, in political and religious spheres.


Author(s):  
Iryna Rusnak

The author of the article analyses the problem of the female emancipation in the little-known feuilleton “Amazonia: A Very Inept Story” (1924) by Mykola Chirsky. The author determines the genre affiliation of the work and examines its compositional structure. Three parts are distinguished in the architectonics of associative feuilleton: associative conception; deployment of a “small” topic; conclusion. The author of the article clarifies the role of intertextual elements and the method of constantly switching the tone from serious to comic to reveal the thematic direction of the work. Mykola Chirsky’s interest in the problem of female emancipation is corresponded to the general mood of the era. The subject of ridicule in provocative feuilleton is the woman’s radical metamorphoses, since repulsive manifestations of emancipation becomes commonplace. At the same time, the writer shows respect for the woman, appreciates her femininity, internal and external beauty, personality. He associates the positive in women with the functions of a faithful wife, a caring mother, and a skilled housewife. In feuilleton, the writer does not bypass the problem of the modern man role in a family, but analyses the value and moral and ethical guidelines of his character. The husband’s bad habits receive a caricatured interpretation in the strange behaviour of relatives. On the one hand, the writer does not perceive the extremes brought by female emancipation, and on the other, he mercilessly criticises the male “virtues” of contemporaries far from the standard. The artistic heritage of Mykola Chirsky remains little studied. The urgent task of modern literary studies is the introduction of Mykola Chirsky’s unknown works into the scientific circulation and their thorough scientific understanding.


Author(s):  
Ксения Ивановна Голубцова

Статья посвящена рассмотрению проблем профилактики преступлений оперативными подразделениями исправительных учреждений (далее - ИУ). Автор, раскрывая роль оперативных отделов ИУ в общей профилактике правонарушений, указывает на ее двоякость, поскольку, с одной стороны, рассматриваемые подразделения обладают значительным преимуществом перед другими службами учреждения в выявлении негативных факторов (негласный метод получения оперативно значимой информации), с другой стороны - далеко не все условия, которые способствуют совершению преступлений в ИУ, можно устранить оперативным путем. Изучение специальной литературы позволило выявить в деятельности начальников ИУ определенные проблемы, связанные с оценкой состояния оперативной обстановки в ИУ, сложившейся ситуации; с отсутствием прогноза развития криминогенной ситуации в ИУ, а также с профессиональной некомпетентностью руководителей, неумением объективно оценивать результаты деятельности структурных подразделений. Автор особое внимание уделяет анализу статистических данных о совершенных и предотвращенных преступлениях лицами, находящимися в местах лишения свободы. The article is devoted to the consideration of problems of crime prevention by operational units of correctional institutions (hereinafter referred to as IA). The author, revealing the role of the operational departments of the IA in the general prevention of offences, points to its twofold. On the one hand, the units under consideration have significant advantages over other services of the institution in identifying negative factors (these are tacit methods of obtaining promptly meaningful information). On the other hand, not all conditions conducive to the commission of crimes in IA can be eliminated by operational means: For example, shortcomings in the activities of other departments and services (security department, duty shift, etc.). The study of special literature has made it possible to identify problems in the activities of heads of correctional institutions in the sphere of implementation of solutions in case of lack of objective and complete information on the state of the operational situation in IA, the current situation, the results of the activities of structural subdivisions; No forecast of the development of the crime situation in IE; Professional incompetence of managers, inability to objectively assess the results of activities of structural subdivisions. The author pays particular attention to the analysis of statistics on crimes committed and prevented by persons in detention.


1998 ◽  
Vol 25 (1) ◽  
pp. 57-72 ◽  
Author(s):  
David Oldroyd

This article examines the role that correspondence played in the accounting systems of Tudor merchants. Merchants relied heavily on letters as a means of controlling their businesses at a distance by making agents accountable. Written accountability, as well as information for business decisions, was encouraged by agency relationships in mercantile enterprises. The system could be undermined by the breakdown of communication through the negligence of a factor or the lack of involvement by the principal. The time delays between the sending and the receipt of letters, on the one hand, and the procurement and conveyance of goods, on the other, were additional problems.


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