scholarly journals Pluralismo religioso, multietnicità e biodiritto

2006 ◽  
Vol 55 (3) ◽  
Author(s):  
Giuseppe Dalla Torre

Dopo essersi rilevato il fenomeno della rinascita del fatto religioso nell’odierna società secolarizzata, grazie anche al massiccio fenomeno immigratorio, si descrive l’impatto del pluralismo etnico-religioso sulle tradizionali realtà degli ordinamenti giuridici statali; impatto reso ancora più problematico per l’ascesa di nuovi poteri, in particolare quello tecnico-scientifico, insofferenti ad una eteroregolamentazione non solo sul piano etico, ma anche sul piano giuridico. Si mette quindi in evidenza una crescente ambiguità che investe la biogiuridica: da un lato la nuova esigenza di riconoscere il rivendicato “diritto alla diversità” da parte delle diverse formazioni etnico-religiose; dall’altro l’esigenza di una regolamentazione giuridica uniforme a garanzia dell’ordinata convivenza attorno ad una scala valoriale che abbia nella “vita” il bene centrale ed ultimo da salvaguardare. Tra le conclusioni cui si giunge è innanzitutto quella per cui la pacifica convivenza in una società multietnica e multireligiosa può essere assicurata, nel rispetto delle diverse tradizioni e culture, attraverso il ricorso a moderati e saggi riconoscimenti di spazio al diritto personale all’interno degli ordinamenti statali, ma nei limiti rigorosi posti dalle esigenze di tutela della dignità umana. Ciò tocca anche la questione dei “nuovi poteri” che, nel contesto di una società globalizzata, impongono una rielaborazione dell’idea di diritto che, partendo dal quadro di un sistema di fonti che tende sempre più ad essere organizzato non secondo gerarchia ma secondo competenza, si ispiri al principio del riconoscimento dell’essere umano nella sua dignità, indipendentemente dall’appartenenza etnico-religiosa. Infine si mette in evidenza l’inaccettabilità di un “diritto debole”, solo procedimentale, perché sostanziale negazione della funzione stessa del diritto, che è quella di prevenire e/o dirimere i conflitti tra interessi in gioco e, quindi, i contrasti tra le parti della società, difendendo nel rapporto i soggetti più deboli; così come si mette in evidenza che il prezioso bene della laicità dello Stato non è – come invece spesso si ritiene – salvaguardato da un “diritto debole”, ma solo da un diritto giusto. ---------- After being noticed the phenomenon of the rebirth of the religious fact in today’s secularized society, it is described also the impact of the ethnic-religious pluralism on the traditional realities of the government juridical arrangements; impact made even more problematic for the ascent of new powers, particularly that technical-scientific, impatient to an heteroregulation not only on the ethical plan, but also on the juridical plan. It is put therefore in evidence an increasing ambiguity that invests the biojuridical: from one side the new demand to recognize the vindicated “law to difference” from different ethnic-religious formations; from the other the demand of a uniform juridical regulation to guarantee of the orderly cohabitation around to a scale of value that has in “life” central and ultimate good to safeguard. Between the conclusions which the author comes it is, first of all, that for which the peaceful cohabitation in a multiethnic and multireligious society can be assured, in the respect of the different traditions and cultures, through the recourse to moderate and wise recognition of space to the personal law into the government arrangements, but in the rigorous limits set by the demands of guardianship of human dignity. This also touches the matter of new powers that, in the contest of globalization, impose a new elaboration of the idea of law that, departing from the picture of a system of sources that extends more and more to not be organized according to hierarchy but according to competence, inspire to the principle of the recognition of the human being in its dignity, independently from the ethnic-religious affiliation. Finally it is put in evidence the unacceptability of a “weak law”, just procedural, as substantial negation of the law function itself, which is that to prevent and/or to settle the conflicts between affairs at stake and, therefore, contrasts between the parts of the society, defending in the relationship the weakest subjects; as it is evidenced that the precious good of laity of the State is not - like instead it is often considered - safeguarded by a weak law, but only by a correct law.

2019 ◽  
Vol 5 (1) ◽  
pp. 134
Author(s):  
Syed Fadhil Hanafi Syed A. Rahman

Constitutionalism dictates that the government must only act within the four walls of the constitution. While adherence to this fundamental doctrine is proven to be difficult, it becomes more complicated when the walls are unclear. For decades, Malaysians struggle to ascertain the actual legal value of religion, particularly Islam, in its Federal Constitution and the impact of religion to the Malaysian legal system. Some opined that secularism is a basic structure of the Malaysian Federal Constitution and in the name of constitutionalism, religious laws cannot be the basis for administration of public law and must be confined to personal law matters. On the other hand, some opined that Islam constitutes a salient feature of the Constitution and the position of Islam as the religion of the Federation implies Malaysia as an Islamic state. This paper analyses the conflicting views, via qualitative studies of constitutional provisions which have religious element in the light of their history, together with relevant case laws which interpreted them. The analysis is done with a view to determine whether the Malaysian Federal Constitution is a secular instrument creating a secular state or a religious document establishing a theocratic state. From such analysis, the author presents that the Malaysian Federal Constitution, albeit giving special preference to Islam, is a religion-neutral document which is receptive to both religious and secular laws. This is based on the fact that the Constitution upholds the validity of both secular and religious laws for as long as they are enacted according to procedural laws required by the Constitution.


2020 ◽  
Vol 2 (1) ◽  
pp. 14-29
Author(s):  
Paula Montero

Abstract Using Davis Buckley’s (2013) notion of “Benevolent Secularism” this article examines how the evangelical movement in Brazil, in particular, the neopentecostal movement, challenges the historical stability of relations between state and religion. Until very recently this relationship was based on cooperation between the Catholic Church and the State in the one hand and an inter-religious coalition led by Catholicism in the other. In this text, I will first discuss the concept of “benevolent secularism” and its theoretical-methodological implications. Then, I will present empiric examples to describe how Christian religions relate to politics in Brazil. Those examples will test the applicability of Buckley’s concept to represent Brazilian secularism. And, they will also demonstrate the heuristic virtues of this concept for the understanding of the impact of the evangelical modus operandi in the configuration of the secular in Brazilian society.


Author(s):  
Ayrat Halitovich Tuhvatullin ◽  
Vitaly Anatolievich Epshteyn ◽  
Pavel Vladimirovich Pichygin ◽  
Alina Petrovna Sultanova

The article highlights the details of the foreign policy of the Arab Republic of Egypt and its impact on the regional security of the state of Israel in between 2012-2013. After the Islamists came to power, they began to dominate expectations that the political force led by Mohamed Morsi would initiate an active anti-Israel policy, however, with active anti-Semitic rhetoric, the "Muslim brotherhood" was able to maintain peaceful relations with Israel. The purpose of this study was to characterize the relationship between M. Morsi's government and the state of Israel during the period 2012 to 2013while revealing the impact of various factors on the preservation of peace in the region, especially in the face of the conflict situation that intensified in neigh boring countries such as Libya and Syria. The main approaches to the study of the problem under consideration were analytical method and content analysis. It is concluded that the article can also contribute to the study of the history of the Middle East within the framework of Arab-Israeli relations against the deterioration of the political situation and the strengthening of religious radicalism in the region.


Author(s):  
Sarah Washbrook

This chapter examines the relationship between debt peonage and regional export development between 1876 and 1914 in four departments of Chiapas: Pichucalco, Chilón, and Palenque in the north of the state and Soconusco on the Pacific coast. All of these departments underwent considerable commercial development during the Porfiriato based on the production of tropical agricultural commodities such as coffee, cacao, rubber, and hard woods, and Soconusco, Palenque, and Chilón were recipients of significant foreign capital. However, the impact of market development on labour relations was not uniform: whereas in Soconusco plantation agriculture tended to undermine labour coercion, in the other departments these years saw the intensification and spread of servile peonage. The chapter shows that such changes were principally the product of regional market conditions and the capacity of the state to intervene in the process of labour contracting.


Kerala, God’s own Country, was taken aback with the devastating flood in August. More than 350 people lost their lives. Thousands of people remained marooned, animals were killed, houses were submerged, and vehicles were floating. The damage doesn’t end there. According to the government, the State met with a loss of Rs. 20,000 crore. Malayalam Television news channels covered the flood 24*7 without a break. Some of them set up helpdesks to pass information on the missing, the stranded, and the rescue efforts. Breathtaking visuals of floods were also aired. Every minute aspect of rescue operations and flood were communicated. We know that a visual speaks a thousand words. In the case of Kerala flood, some visuals created panic. Some were soothing and some were informative. This study attempts to analyze the impact of visuals aired by Malayalam television channels on women in Kuttanad. A sample of 500 respondents of age group 15-60 from different Panchayaths of Kuttanad are selected and structured questionnaires distributed to them and the response collected. The research assesses women’s rationale for watching the visuals of the flood in Kerala and also its impact on Women in selected areas of Kuttanad. The objective of the research is to understand the relationship between viewers and their motives for watching television.


2019 ◽  
Vol 1 (1) ◽  
pp. 1-14
Author(s):  
Muhamad Ali

Indonesia and Malaysia offer comparative perspectives concerning the relationship between loyalties to the Muslim umma, local ethnicity, and the modern nation-state, and how interpretations of the sharia and modern constitution, laws, politics, and policies intersect in multiple and changing ways. This article seeks to compare and contrast some of the contemporary discourses on sharia and citizenship as demonstrated by Indonesian and Malaysian scholars, politicians, and activists. Both Indonesian and Malaysian constitutions were born out of the modern notion of citizenship that recognizes religious diversity. On the one hand, the Constitution of Indonesia does not specify Islam as the state religion, but the government promotes official religions. On the other hand, the Constitution of Malaysia makes it explicit that Islam is the state religion while recognizing religious diversity. The Indonesian government does not conflate particular ethnicity with Islam, whereas Malaysia integrates Islam and Malay ethnicity amidst Malaysian religious and ethnic plurality. Both cases prevent us from categorizing each case as either an Islamic legal conservatism or a modern legal liberalism. These two cases resist the binary opposition between sharia conservatism deemed against citizenship and modern legal liberalism deemed against religious laws. There are ambiguities, contradictions, as well as compromises and integration between conflicting ideas and systems concerning Islam and citizenship.


2020 ◽  
Vol 26 (5) ◽  
pp. 964-990
Author(s):  
N.I. Kulikov ◽  
V.L. Parkhomenko ◽  
Akun Anna Stefani Rozi Mobio

Subject. We assess the impact of tight financial and monetary policy of the government of the Russian Federation and the Bank of Russia on the level of household income and poverty reduction in Russia. Objectives. The purpose of the study is to analyze the results of financial and monetary policy in Russia and determine why the situation with household income and poverty has not changed for the recent six years, and the GDP growth rate in Russia is significantly lagging behind the global average. Methods. The study employs methods of analysis of scientific and information base, and synthesis of obtained data. The methodology and theoretical framework draw upon works of domestic and foreign scientists on economic and financial support to economy and population’s income. Results. We offer measures for liberalization of the financial and monetary policy of the government and the Central Bank to ensure changes in the structure of the Russian economy. The proposed alternative economic and financial policy of the State will enable the growth of real incomes of the population, poverty reduction by half by 2024, and annual GDP growth up to 6 per cent. Conclusions. It is crucial to change budget priorities, increase the salaries of public employees, introduce a progressive tax rate for individuals; to reduce the key rate to the value of annual inflation and limit the bank margin. The country needs a phased program to increase the population's income, which will ensure consumer demand.


2015 ◽  
Vol 4 (3) ◽  
Author(s):  
Vinay Chauhan ◽  
Sushma Kaushal

Environmental scanning yields greater anticipatory management that provides important inputs for aquitision and use of information for planning and designing organization strategies. Apart from this, effective environmental scanning activities are likely to deal with threats and grasp the opportunities to finally link with enhancing organizational effectiveness. In fact this relationship matrix has led the researchers to conduct an environmental scanning through an examination of the existing status the components of the macro-environment vis-a-vis their relationship with the organizational effectiveness. There are a number of approaches, which describe the macro-environment, of which PEST analysis is regarded as the most common approach for considering the external business environment. Thus, the present study applies PEST analysis to scan the existing business environment. Jammu and Kashmir due to its peculiar political, geographical, economic, and socio-cultural features, had led its cost mountain economy become a distinctive identity. Despite the fact that the state has rich endowments, international relations with its neighbours vis-a-vis its impact on political environment also pose developmental challenges for the business units operating in the state. This has provided valid rationale for conducting the present. The environmental scanning is done through the perception of the select entrepreneurs operating MSMEs in the state of J & K. An impact analysis of environmental factors (PEST) on the organizational effectiveness is also done in the study. The findings of the study show that the political environment of the state that is not favourable for entrepreneural development whereas the rest of the other drivers of PEST i.e. economic environment, socio-cultural environment, and technological environment show a favourable response of the entrepreneurs. In terms of cause and effect relationship, it is found that the first two drivers of the PEST i.e. political and economic dimension impacts OE positively whereas the other two dimensions namely socio-cultural and technological impacts OE negatively but it is pertinent to mention that the impact is very less and is insigninificant. The study also suggests some of strategic options for developing and creating an enabling environment for successful entrepreneurial development to achieve integrated development of the state.


Author(s):  
Peter Coss

In the introduction to his great work of 2005, Framing the Early Middle Ages, Chris Wickham urged not only the necessity of carefully framing our studies at the outset but also the importance of closely defining the words and concepts that we employ, the avoidance ‘cultural sollipsism’ wherever possible and the need to pay particular attention to continuities and discontinuities. Chris has, of course, followed these precepts on a vast scale. My aim in this chapter is a modest one. I aim to review the framing of thirteenth-century England in terms of two only of Chris’s themes: the aristocracy and the state—and even then primarily in terms of the relationship between the two. By the thirteenth century I mean a long thirteenth century stretching from the period of the Angevin reforms of the later twelfth century on the one hand to the early to mid-fourteenth on the other; the reasons for taking this span will, I hope, become clearer during the course of the chapter, but few would doubt that it has a validity.


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