The Chronicler and the Count

2017 ◽  
Author(s):  
Richard L. Kagan
Keyword(s):  
Free Speech ◽  
History Of ◽  
The Right ◽  
The Way

In 1601 an unusual and unprecedented lawsuit began at the Spanish court in Madrid. The plaintiff: the Count of Puñonrostro; the defendant, Antonio de Herrera y Tordesilla, one of the Habsburg monarchy’s official chroniclers and author of the General History of the Indies. The issue: the veracity and supposedly libellous nature of Herrera’s account of the Count’s grandfather, Pedrarias Dávila, the first Spanish governor of what is now Panama. Herrera defended his interpretation of the available sources, the truthfulness of his history, and more broadly, the right of historians to exercise what we today call free speech. In this respect, the lawsuit questioned the way history was to be written, interpreted, and, more importantly, used.

Confessions of a Free Speech Lawyer

2020 ◽  
Author(s):  
Rodney A. Smolla
Keyword(s):  
Civil Rights ◽  
Free Speech ◽  
Hate Speech ◽  
Task Force ◽  
Supreme Court Decision ◽  
Law Schools ◽  
History Of ◽  
Gang Rape ◽  
The Right ◽  
The City

This personal and frank book offers an insider's view on the violent confrontations in Charlottesville during the “summer of hate.” Blending memoir, courtroom drama, and a consideration of the unhealed wound of racism in our society, the book shines a light on the conflict between the value of free speech and the protection of civil rights. The author has spent his career in the thick of these tempestuous and fraught issues, from acting as lead counsel in a famous Supreme Court decision challenging Virginia's law against burning crosses, to serving as co-counsel in a libel suit brought by a fraternity against Rolling Stone magazine for publishing an article alleging that one of the fraternity's initiation rituals included gang rape. The author has also been active as a university leader, serving as dean of three law schools and president of one and railing against hate speech and sexual assault on US campuses. Well before the tiki torches cast their ominous shadows across the nation, the city of Charlottesville sought to relocate the Unite the Right rally; the author was approached to represent the alt-right groups. Though the author declined, he came to wonder what his history of advocacy had wrought. Feeling unsettlingly complicit, the author joined the Charlottesville Task Force, and realized that the events that transpired there had meaning and resonance far beyond a singular time and place. Why, he wonders, has one of our foundational rights created a land in which such tragic clashes happen all too frequently?

scholarly journals Penggunaan Media Grafis (Peta Konsep) Dalam Pembelajaran Sejarah Untuk Mempermudah Pemahaman Siswa Kelas V Mi Darul Ulum Bojonegoro

2020 ◽  
Vol 1 (1) ◽  
pp. 69
Author(s):  
Yulia Pramusinta
Keyword(s):  
Everyday Life ◽  
Teaching And Learning ◽  
Teaching Method ◽  
Concept Map ◽  
Graphic Method ◽  
Learning History ◽  
History Of ◽  
Media Learning ◽  
The Right ◽  
The Way

Abstract: The teaching medium is a knowledge of the teaching methods used by a teacher or instructor. Methods are the means used to achieve the established goals. Another technique is the presentation technique that is mastered by the teacher to teach or present the lesson materials to the students in the classroom, so that the lesson can be absorbed, understood and used by the students well. The better the teaching method, the more effective the achievement of the goal. Motivation is a change of energy within a person characterized by the emergence of "feeling and preceded by the response to the purpose, to get it then must be selected methods that if acceptable in teaching and learning activities well. In fact, the way or method of teaching used to convey different information in the way adopted to establish students in mastering knowledge, skills and attitudes (cognitive, psychomotoric, affective). Specific methods of teaching in the classroom, the effectiveness of a method is influenced by the purpose, student factors, situation factors, and teacher factor itself. Demonstration is a teaching method done by a teacher or someone else by showing the whole class about a process or a way of doing something. Demonstrations are always directed to the correct way of practice which is then Apliskasikan in everyday life. And recitation is also one of the learning media known as homework or students are given the task outside of lesson time. Both methods can be implemented simultaneously in the teaching and learning process.From the above statements can be concluded that in learning, students so as not to get bored then there should be variations in learning methods. Teachers must be clever in choosing a method, one of which is the Graphic method (concept map). In this case on the history of the use of Graphic method (concept map) is the right method to invite students to think and understand and apply in everyday life. Graphical Pendekata (konse map) invites us to make learning process more meaningful and conductive.        Kewords: Grafis Media, Learning History, Student Chomprehensif   

scholarly journals The Right to Appeal in Indictable Cases: A Legislative History

1969 ◽  
pp. 446 ◽  
Author(s):  
Vincent M. Del Buono
Keyword(s):  
Criminal Procedure ◽  
Legislative History ◽  
History Of ◽  
The Right ◽  
The Way

The author traces the history of criminal appeals legislation in Canada from the Crown Cases Act of 1848 to the present. Through his analysis he illustrates the various forces giving rise to change and amendment, with special emphasis on the strong and often inappropriate influence of British legislation. In addition, the author examines the aim of national uniformity in criminal procedure, and the way in which appeals legislation has fostered this aim.

Revisionist Theories of Rights: An Unwelcome Defense

1998 ◽  
Vol 11 (2) ◽  
pp. 227-244 ◽  
Author(s):  
Alon Harel
Keyword(s):  
Free Speech ◽  
Subject Matter ◽  
Uniform Structure ◽  
Marketplace Of Ideas ◽  
The Right ◽  
The Way ◽  
Societal Interests

Disputes over the scope of specific rights, e.g., over the right to free speech, the right to property, or the right to equality, often originate in differing assumptions concerning the reasons that justify the protection of these rights. Thus, those who believe that reasons of autonomy justify the right to free speech will identify the scope of this right differently from those who justify this protection through, say, appeal to the marketplace of ideas. Despite the diverse subject matter of these disputes, there is a uniform structure characterizing them. Some supporters of rights, call them “traditionalists,” locate the reasons that justify the protection of rights within individualistic concerns. Others, call them “revisionists,” deny this traditional claim and argue that rights can be partially or exclusively grounded in societal interests.Traditionalism’ and ‘revisionism’ are terms stipulated to clarify the conceptual difference between two different understandings of rights. These understandings are often implicit in the way the term ‘rights’ is used in political or legal debates concerning the scope of particular rights. At other times, these implicit understandings of the term ‘rights’ are articulated more or less explicitly by moral or political philosophers investigating the nature of rights. Thus, when the terms ‘revisionist’ or ‘traditionalist’ are used in this article, they are used in two different ways. Sometimes, they denote implicit fundamental presuppositions about the nature of rights—presuppositions which underlie many of the contemporary debates over the scope of particular rights. At other times, they denote philosophical theories exploring systematically the nature of rights and the reasons underlying them.

scholarly journals ARRISCANDO A PALAVRA: VIEIRA, DOS SERMÕES À HISTÓRIA DO FUTURO

2015 ◽  
Vol 46 (130) ◽  
pp. 455
Author(s):  
Maria A. R. Abrão
Keyword(s):  
Human Response ◽  
Entire Life ◽  
God's Word ◽  
The Future ◽  
History Of ◽  
The Right ◽  
The Way

Arriscar a palavra no púlpito, na própria vida, na obra de uma vida. Em Vieira, dos Sermões à História do Futuro, a palavra faz um caminho. Para além de artifícios da retórica, para além de conveniências político-religiosas, ele coloca as bases da ação como resposta à palavra de Deus e em fidelidade a ela adotando como paradigma a história de Israel. História reveladora da iniciativa de Deus, sempre primeira. Reveladora também dos caminhos e descaminhos da livre resposta humana, da responsabilidade histórica que tal resposta comporta. Ao propor uma leitura do modo de agir de Deus, da sua aliança com a humanidade, Vieira alinha-se perigosamente na fileira dos que incomodam. Lembra a impossibilidade de proteger-se sob o conceito de eleição. A purificação desse conceito, bem como o de ‘ser cristão’ é inadiável. No entanto, a postura de Vieira não é isenta de problemas teológicos. O risco de sua palavra, que abre a esse debate, indica igualmente ao homem os motivos para esperar, para crer na promessa, chave da leitura do futuro.ABSTRACT: Risking the word in the pulpit, in one’s life, in the work of an entire life. According to Vieira, from the Sermons to the History of the Future, the word makes a way for itself. Besides of the rhetoric artifices and the politico-religious conveniences, Vieira establishes the action bases as response to the God’s word, and in fidelity to the same by adopting as paradigm the History of Israel, a revealing, and always the first one, History of the God’s initiative. A History that also reveals the right paths and the wrong paths of the human response, of the historic responsibility that such a response holds. When Vieira proposes the reading of the way God works, of the alliance of God with the humankind, Vieira dangerously aligns himself with the row of those who make trouble. Vieira reminds the impossibility of sheltering oneself under the concept of election. The purification of this concept, as well as the concept of ‘being Christian’ is unpostponable. Nevertheless, the Vieira’s position is not free from theological issues. The risk of his word that opens this debate equally indicates to the man the reasons for hoping and believing in the promise, the key for reading the future.

scholarly journals From the editors

Muzealnictwo ◽  
2019 ◽  
Vol 60 ◽  
pp. 1-1
Author(s):  
Redakcja "Muzealnictwo"
Keyword(s):  
Present Issue ◽  
The Public ◽  
Face Identity ◽  
The Past ◽  
Cultural Legacy ◽  
Governance Model ◽  
History Of ◽  
Word Change ◽  
The Right ◽  
The Way

If we want to describe the surrounding reality, while at the same time trying to grasp the best key to it, it seems that the word “change” is the most appropriate. Museums rank among that category of culture institutions which, while undergoing changes, and caring for their own institutional and axiological autonomy, attempt at the same time to influence the very changes; this, however, makes them face identity dilemmas, the necessity to find the right balance between the responsibilities that are sometimes referred to as “traditional ones”, namely the ones they have towards the collections, and the obligations commonly regarded to be an attribute of “modernity”, these towards the public in the variety of their impressive turnout growth and the increase of their expectations. The way to stabilize change effects, while at the same to stimulate them, also with respect to the closest editing of the museum Annual, are legislative efforts and bills. One could even be tempted to make the statement, this not fully irony-free, that the history of Polish museology is actually the history of implemented and unimplemented legislative projects (the latter dominating), of the attempts to define the position of museums in the context of the synergically perceived “cultural legacy”, of finding for them the appropriate governance model, without rejecting the above-mentioned identity dilemmas. The goal of the “Muzealnictwo” Annual No. 60 is to present an overview of the past and current trials to amend the “Museum Act”, to identify areas for essential corrections, reasons for negligence, yet first and foremost, difficulties in applying them to the culture domain in which the most frequently applied word next to “change” (and most highly appreciated by museum circles) is the word “specificity”. This overview will hopefully contribute to the reflection on the capacity of institutional operating under the circumstances in which the inadequacy between the letter of the law and its enforcement can be observed. Next to the theme that is key to the present issue of the “Muzealnictwo” Annual, you will find the well established and known sections describing the spheres of museum operations, these occurring regardless of the lapse of time and their legislative creations. Piotr Majewski Professor at the Cardinal Stefan Wyszyński University in Warsaw Editor-in-Chief

John Quincy Adams, Slavery, and the Disappearance of the Right of Petition

1991 ◽  
Vol 9 (1) ◽  
pp. 113-155 ◽  
Author(s):  
David C. Frederick
Keyword(s):  
First Amendment ◽  
Free Speech ◽  
Turning Point ◽  
Practical Experience ◽  
American Colonies ◽  
The People ◽  
History Of ◽  
The Government ◽  
The Right ◽  
Scholarly Attention

The first amendment prohibits Congress from making any law that abridges the right of the people “to petition the Government for a redress of grievances.” This clause reflects many years of practical experience with petitions, both in England and in the American colonies. Unlike the right of free speech, which has attracted much scholarly attention, the right of petition has received little scrutiny from commentators or judges. The scope of the substantive right embodied in the clause is still a matter of dispute.This article explores a key incident in the history of the right of petition—the congressional imposition in the 1830s of a “gag rule” to prohibit the reception of petitions related to slavery. This restriction on petitions was a turning point both for a change in the meaning of the right and for the procedures permitted by Congress to give it expression. The gag rule effectively quashed the right to petition as it had been exercised for centuries—as a means of communicating the people's grievances to government. Although the right still exists, its traditional usage and meaning “disappeared” in the 1830s.

scholarly journals National institute of family and life advocates (NIFLA) : V. Becerra, or the right to be informed about your own reproductive rights.

Soft Power ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 322-346
Author(s):  
Vitulia Ivone
Keyword(s):  
Civil Rights ◽  
Supreme Court ◽  
Free Speech ◽  
Reproductive Rights ◽  
The State ◽  
Fundamental Issue ◽  
Health Clinics ◽  
The Supreme Court ◽  
History Of ◽  
The Right

The Supreme Court has issued its decision in NIFLA v. Becerra, a 5–4 vote holding that the state of California cannot compel pregnancy-resource centers to advertise for the state’s abortion services. This decision represents a considerable victory for both the right to free speech and the conscience rights of pro-life Americans. The case concerned California’s Reproductive FACT Act, which mandated that both licensed and unlicensed women’s-health clinics (crisis-pregnancy or pregnancy-resource centers) not performing abortions had to provide a pre-written notice to clients. Though the law related specifically to abortion, free speech was the fundamental issue at stake. This paper analyzes the history of abortion in US legislation and the perspective of one of its fundamental civil rights.

Equality: A Reasonable Limit for the Restriction of Pornography

2018 ◽  
Author(s):  
Galen Watts
Keyword(s):  
Social Inequality ◽  
Free Speech ◽  
Primary Concern ◽  
Social Hierarchies ◽  
Contemporary Debate ◽  
Men And Women ◽  
History Of ◽  
Immanent Critique ◽  
Reasonable Limit ◽  
The Right

This essay asserts that if we are to conceive of pornography as distinct from erotica, then there do exist liberal reasons for its restriction. By offering an immanent critique of Ronald Dworkin’s defense of pornography, from a feminist perspective, this essay contends that in a progressive and democratic society, where there exists a history of social inequality, the right to equality trumps the right to free speech. State censorship of pornography is endorsed as a means of preventing the perpetuation of discriminatory social hierarchies, as well as the harm that comes to both men and women as a result of the viral influence pornography has on society. Although its primary concern is with the de-legitimization and oppression of women by men within society, resulting from heteronormative pornographies, this article addresses significant issues within the contemporary debate over pornography; specifically those raised by feminists in favour of pornography, and the emergence of gay, lesbian and queer pornographies

scholarly journals قراءة توحيدية في حديث افتراق الأمة

2011 ◽  
Vol 16 (63) ◽  
pp. 139-105
Author(s):  
عامر الحافي
Keyword(s):  
Common Word ◽  
General Phenomenon ◽  
History Of ◽  
The Difference ◽  
The Right ◽  
The Relationship ◽  
The Way

أمام العديد من القراءات التفريقية السائدة لحديث افتراق الأمة، التي تكرس الفرقة وتشيع الفتنة والصراع بين أبناء أمة التوحيد، تظهر الحاجة الملحة لدراسة هذا الحديث دراسة توحيدية على ضوء القرآن الكريم والسنة النبوية، ومحاولة الخروج بقراءة معاصرة للعلاقة بين الفرق الإسلامية تعظم الجوامع وتبحث عن الكلمة السواء. فادعاء تفرد فرقة معينة من المسلمين بالنجاة وبهلاك أتباع الفرق الأخرى يوشك أن يكون ظاهرة عامة في تاريخ الفرق الإسلامية. وأمام هذه الإشكالية يسعى هذا البحث إلى دراسة مرتبة الحديث والمعاني الأساسية لمتنه، وتناول الفرق الإسلامية المختلفة له، والمقصود بالأمة في نص الحديث، والدلالات الخاصة بعدد الفرق المذكور في الحديث، وإمكانية تعيين الفرقة الناجية، وخطورة القراءة التفريقية في دراسة الفرق الإسلامية، وأبرز ملامح القراءة التوحيدية في هذه الدراسة    Unlike most of the prevailing readings of the "Hadith of sects of Muslim Ummah", which establishes a discord and conflict that disturbs the unity of Muslims, there is an urgent need to study this Hadith differently, to give a better understanding of the relationship between Muslim sects; an understanding that maximizes denominators and common word. The claim of uniqueness of a certain sect to be right and to consider others to be wrong and deserves hell, is about to be a general phenomenon in the history of Muslim sects. This paper aims to explain the reliability of the Hadith and its meanings, the way in which the Hadith addresses the difference between the various Muslim groups, the indicators related to the number of groups, the possibility of identifying the right one, the dangers of the sectarian reading of the Hadith, and main features of a monotheistic reading of the study of Muslim sects.

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