scholarly journals De la segregación racial al constitucionalismo neoliberal: hacia una historia conceptual de la discriminación

2021 ◽  
pp. 77
Author(s):  
Fernando Muñoz León

Resumen: El presente artículo esboza los supuestos y estrategias de una historia conceptual de la discriminación, aproximación al estudio histórico de esta problemática que ilustra identificando usos discursivos de dicha palabra que muestran que el origen del concepto en cuestión se encuentra en el Estados Unidos de la posguerra civil, donde adquirió un renovado significado conceptual a partir de la experiencia de la segregación racial, para posteriormente abordar las circunstancias que permitieron la constitucionalización del concepto de discriminación en el Chile de Augusto Pinochet, donde fue empleado como medio para codificar una comprensión neoliberal de los derechos fundamentales.Absytract: This article contributes to the production of a genealogy of the concept of discrimination by reviewing some of the lineages that make up its biography. To that end it focuses on its absence from Chilean constitutional thought during most of its history, identifies the emergence of its two senses –“arbitrary” discrimination and “structural” discrimination– in 19th century United States, and examines the way that it was inscribed in the text of the 1980 Political Constitution of the Republic of Chile where it was employed as a means to codify the economic rationality of market decisions and to protect an understanding of human nature based on Catholic natural law.

Author(s):  
Stuart Banner

This chapter traces the effect of 19th-century constitutional thought on the decline of natural law. Written constitutions were an American innovation with no direct parallel in the English legal tradition. Natural law had long been understood as a constraint on legislation, but constitutions served the same function, which raised the question whether American judges had the authority to invalidate legislation that conflicted with natural principles rather than written constitutional text. In the course of this debate, American lawyers voiced their first sustained critiques of the use of natural law within the legal system. The adoption of written constitutions in the late 18th century thus lay the groundwork for the eventual disappearance of natural law from the legal system.


2003 ◽  
Vol 173 ◽  
pp. 214-251
Author(s):  
David Zweig

They went to America to learn the skills to make China modern and along the way they transformed themselves. Some of the earliest pioneers, women trained in missionary schools before going to America in the late 19th century, returned to China as medical doctors and created a new profession in China.


2012 ◽  
Vol 23 (3) ◽  
pp. 148-162
Author(s):  
Slobodan Sadzakov

This paper discusses the aspects of Rousseau?s understandimg of egoism, primarily those related to his highlighting of historical dimension of the problem, including the economical reasons for establishing this practical principle as an important part of the civil reproduction of life. Among other things, it analyses the contextual connection of egoism with relevant definitions in Rousseau?s work such as human nature, natural law, general will etc. and the difference of Rousseau?s overview of this problem from other important philosophers, for example Hobbes. This paper underlines how the French philosopher, on the basis of key assumptions of his practical philosophy, points at the historical dependence and the possibility of overcoming the egoistic actions, and endeavors to pave the way to a multilateral practical unlocking of the potentials of freedom in its political, moral and legal sense.


Author(s):  
James J. Coleman

At a time when the Union between Scotland and England is once again under the spotlight, Remembering the Past in Nineteenth-Century Scotland examines the way in which Scotland’s national heroes were once remembered as champions of both Scottish and British patriotism. Whereas 19th-century Scotland is popularly depicted as a mire of sentimental Jacobitism and kow-towing unionism, this book shows how Scotland’s national heroes were once the embodiment of a consistent, expressive and robust view of Scottish nationality. Whether celebrating the legacy of William Wallace and Robert Bruce, the reformer John Knox, the Covenanters, 19th-century Scots rooted their national heroes in a Presbyterian and unionist view of Scotland’s past. Examined through the prism of commemoration, this book uncovers collective memories of Scotland’s past entirely opposed to 21st-century assumptions of medieval proto-nationalism and Calvinist misery. Detailed studies of 19th-century commemoration of Scotland’s national heroes Uncovers an all but forgotten interpretation of these ‘great Scots’ Shines a new light on the mindset of nineteenth-century Scottish national identity as being comfortably Scottish and British Overturns the prevailing view of Victorian Scottishness as parochial, sentimental tartanry


2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Eko Wahyono ◽  
Rizka Amalia ◽  
Ikma Citra Ranteallo

This research further examines the video entitled “what is the truth about post-factual politics?” about the case in the United States related to Trump and in the UK related to Brexit. The phenomenon of Post truth/post factual also occurs in Indonesia as seen in the political struggle experienced by Ahok in the governor election (DKI Jakarta). Through Michel Foucault's approach to post truth with assertive logic, the mass media is constructed for the interested parties and ignores the real reality. The conclusion of this study indicates that new media was able to spread various discourses ranging from influencing the way of thoughts, behavior of society to the ideology adopted by a society.Keywords: Post factual, post truth, new media


Public Voices ◽  
2016 ◽  
Vol 10 (2) ◽  
pp. 68 ◽  
Author(s):  
Jens Ivo Engels

The so-called “long 19th century”, from the French Revolution to the First World War, ranks as the crucial phase in the genesis of the modern world. In the Western countries this period was characterized by the differentiation of the public and the private spheres, the birth of the modern bureaucratic state and the delegitimation of early modern practices such as clientelism and patronage. All these fundamental changes are, among other things, usually considered important preconditions for the modern perception of corruption.This paper will concentrate on this crucial phase by means of a comparative analysis of debates in France, Great Britain and the United States, with the aim to elucidate the motives for major anti-corruption movements. The questions are: who fights against corruption and what are the reasons for doing so? I will argue that these concerns were often very different and sometimes accidental. Furthermore, an analysis of political corruption may reveal differences between the political cultures in the countries in question. Thus, the history of corruption serves as a sensor which enables a specific perspective on politics. By taking this question as a starting point the focus is narrowed to political corruption and the debates about corruption, while petty bribery on the part of minor civilservants, as well as the actual practice in the case of extensive political corruption, is left aside.


Author(s):  
Marjorie Lamberti

The much admired school system of 19th-century Germany served as a model for the educational systems of many other countries, including Britain and the United States. In this illuminating study of German primary schools, Lamberti examines an educational tradition that was the object of wide emulation, but which was often misinterpreted by its admirers. Lamberti also explores the political significance of German educational policies in the Kulturkampf, in the suppression of Polish nationalism in the eastern provinces, and more generally in the struggle between the competing strands of liberalism and authoritarianism in the German state.


2021 ◽  
pp. 002216782110008
Author(s):  
Maharaj K. Raina

Greatness, a relative concept, has been historically approached in different ways. Considering greatness of character as different from greatness of talents, some cultures have conceptualized greatness as an expression of human spirit leading to transcending existing patterns and awakening inner selves to new levels of consciousness, rising above times and circumstances, and to change the direction of human tide. Individuals characterized by such greatness working with higher selves, guided by moral and ethical imperatives, and possessing noble impulses of human nature are considered to be manifesting spiritual greatness. Examining such greatness is the goal of this article. Keeping Indian tradition in focus, this article has studied how greatness has been conceptualized in that particular tradition and the way in which life and times have shaped great individuals called Mahāpuruşha who exhibited extraordinary moral responsibility relentlessly in pursuit of their visions of addressing contemporary major issues and changing the direction of human life. Four Mahāpuruşha, who possessed such enduring greatness and excelled in their thoughts and actions to give a new positive direction to human life, have been profiled in this article. Suggestions have also been made for studies on moral and spiritual excellence to help realize our true human path and purpose.


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