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  • Author: Mónica García-Salmones Rovira
  • Publication Date: 04-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: In this review of three works (Jörg Kammerhofer’s Uncertainty in International Law: A Kelsenian Perspective; Jean d’Aspremont’s Formalism and the Sources of International Law: A Theory of the Ascertainment of Legal Rules ; and International Legal Positivism in a Post-Modern World, a collection of essays edited by Kammerhofer and d'Aspremont), Mónica García-Salmones Rovira argues that: Theological statements about morality and law to the effect that they ought to be autonomous or that they ought to coincide defy reality, history and common sense and suffer from intellectual inconsistency. On the contrary, from our long legal history appear at least two clear facts about the relationship between morality and law. First, they both conflate in the same acting individual. Second, in the legal sphere, the individual always acts in communication with other individuals. Whether one aims at investigating the normative principles of the first fact, of what makes a good lawyer, or of the second, of what makes good law and the related issue of responsibility, we are always thinking in terms of practical action. Probably, it is in that practical province where international law has its greater emancipatory potential in a post-modern world.
  • Topic: Human Rights, International Law, Religion, Legal Theory
  • Political Geography: Europe, Italy
  • Author: John R. Morss
  • Publication Date: 10-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: This article offers a re-examination of the international legal status of what is here termed the Vatican/Holy See complex (VHS), focusing on claims to statehood. The problematic ‘effect’ of Vatican City, of the Holy See, of the papacy and of associated entities is interrogated at the level of international law, entering as little as possible into administrative or theological distinctions. The various grounds cited as supporting status amounting to statehood are argued to be inadequate. The continuing exchange of representatives with states by the VHS is missionary and hierarchical in character and is reflective neither of the reciprocity of peers nor of customary obligation going to law. Agreements entered into by the papacy with the Kingdom of Italy (the Lateran Pacts) in 1929, relating to the status of the geographical territory known as Vatican City, cannot be determinative of international status. Nor can membership of international agreements and organizations confer a status amounting to statehood. Events and practices since 1929 have not substantially altered international status as of 1870. The Roman Catholic Church is but one of many faith-based international movements, and since the eclipse of the papal state nearly one-and-a-half centuries ago, the status in international law of its temporal headquarters in Rome should not be privileged.
  • Topic: International Law, Religion, Sovereignty, History
  • Political Geography: Europe, Italy, Vatican city
  • Author: Nadia Helmy
  • Publication Date: 03-2014
  • Content Type: Journal Article
  • Journal: Iranian Review of Foreign Affairs
  • Institution: Center for Strategic Research (CSR)
  • Abstract: In the past three decades, Chinese Iranian and Middle East Studies have become more and more systematic, which is reflected not only in the great volume of publication, but also in the varied research methodologies and the increase in Iranian and Middle East academic journals. The development of Chinese Middle East studies have accelerated in particular after Arab Spring revolutions and the political changes in the Middle East (2000- 2013). Research institutes evolved from state-controlled propaganda offices into multi-dimensional academic and non-academic entities, including universities, research institutes, military institutions, government offices, overseas embassies and mass media. At the same time, publications evolved from providing an introduction and overview of Iran and Middle Eastern states to in-depth studies of Middle East politics and economics in three stages: beginnings (1949- 1978), growth (1979- 1999), and dealing with energy, religion, culture, society and security. The Middle East-related research programs' funding provided by provincial, ministerial and national authorities have increased and the quality of research has greatly improved. And finally, China has established, as well as joined, various academic institutions and NGOs, such as the Chinese Middle East Studies Association (CMESA), the Asian Middle East Studies Association (AMESA) and the Arabic Literature Studies Association (ALSA). However, Chinese Middle East Studies remain underdeveloped, both in comparison with China's American, European, and Japanese studies at home, and with Middle East studies in the West.
  • Topic: Security, Energy Policy, Government, Politics, Religion, Culture, Authoritarianism
  • Political Geography: Japan, China, America, Europe, Iran, Middle East, Arabia
  • Author: Tahereh Hadian
  • Publication Date: 03-2014
  • Content Type: Journal Article
  • Journal: Iranian Review of Foreign Affairs
  • Institution: Center for Strategic Research (CSR)
  • Abstract: This article explores Iranian women's identities reflected in documentary films made during the post revolution era. By doing so, it draws attention to the complexities of representation with regard to the position of women and the current cultural policies in Iran from a legal, religious, and traditional point of view. The documentary films are divided into two categories: those made by Iranians residing in Iran and those made by the Diaspora documentary filmmakers, we then examine and compare their content and themes. This will in turn demonstrate the relationship between the two groups of Iranian documentary film makers and the subjects they address. The selected documentaries made in Iran for this study are sponsored by the state, through the Experimental and Documentary Film Centre (DEFC). This essay will analyze the way the two categories of documentary films [by state and Diaspora] address women's issues through the themes they cover, their agendas, as well as the adopted aesthetics. These documentary films show the social empowerment of Iranian women as active agents in a society that sets obstacles in women's paths. The comparison of the two categories of documentary films may thus show the relation between Iranians residing in Iran and those in the Diaspora, which can play a role in Iran's position internationally. This research looks into three films: Mokarrameh, Article 61 and Divorce, Iranian Style. It will also assess their content and character, and explain what each documentary reflects regarding women's status in society in that particular era with respect to its theme i.e. law, tradition and religion.
  • Topic: Religion, Culture
  • Political Geography: Iran
  • Author: Craig Biddle
  • Publication Date: 12-2013
  • Content Type: Journal Article
  • Journal: The Objective Standard
  • Institution: The Objective Standard
  • Abstract: Welcome to the Winter 2013–2014 issue of The Objective Standard. Here's an indication of the contents at hand. The increasing popularity of libertarianism is both a problem and an opportunity. It is a problem because, although nominally for liberty, the ideology rejects the need to undergird liberty with an objective, demonstrably true moral and philosophic foundation—which leaves liberty indefensible against the many philosophies that oppose it (e.g., utilitarianism, altruism, egalitarianism, and religion). The increasing popularity of libertarianism is an opportunity because, although the ideology denies the need for such a foundation, many young people who self-identify as libertarian are active-minded and thus open to the possibility that such a foundation is necessary. Toward reaching these active-minded youth, my essay, “Libertarianism vs. Radical Capitalism,” examines libertarianism in the spirit of Frédéric Bastiat, taking into account not only what is seen, but also what is not seen in common and seemingly unobjectionable descriptions of the ideology. The article exposes major problems with libertarianism, compares it to radical capitalism, shows why only the latter provides a viable defense of liberty, and emphasizes the need to keep these different ideologies conceptually distinct.
  • Topic: Education, Religion
  • Political Geography: America
  • Author: Bedross Der Matossian
  • Publication Date: 08-2011
  • Content Type: Journal Article
  • Journal: Journal of Palestine Studies
  • Institution: Institute for Palestine Studies
  • Abstract: For the Armenians of Palestine, the three decades of the Mandate were probably the most momentous in their fifteen hundred-year presence in the country. The period witnessed the community's profound transformation under the double impacts of Britain's Palestine policy and waves of destitute Armenian refugees fleeing the massacres in Anatolia. The article presents, against the background of late Ottoman rule, a comprehensive overview of the community, including the complexities and role of the religious hierarchy, the initially difficult encounter between the indigenous Armenians and the new refugee majority, their politics and associations, and their remarkable economic recovery. By the early 1940s, the Armenian community was at the peak of its success, only to be dealt a mortal blow by the 1948 war, from which it never recovered.
  • Topic: Religion, War
  • Political Geography: Britain, Palestine, Armenia
  • Author: Richard Madsen
  • Publication Date: 07-2011
  • Content Type: Journal Article
  • Journal: Journal of Current Chinese Affairs
  • Institution: German Institute of Global and Area Studies
  • Abstract: Since the beginning of the Reform Era in 1979, there has been a rapid growth and development of religious belief and practice in China. A substantial new scholarly literature has been generated in the attempt to document and understand this. This essay identifies the most important contributions to that literature and discusses areas of agreement and controversy across the literature. Along with new data, new paradigms have developed to frame research on Chinese religions. The paradigm derived from C. K. Yang's classic work in the 1960s came from structural functionalism, which served to unite research in the humanities and social sciences. However, structural functionalism has been abandoned by the new generation of scholars. In the humanities, the most popular paradigm derives from Michel Foucault, but there are also scholars who use neo-Durkheimian and neo-Weberian paradigms. In the social sciences, the dominant paradigms tend to focus on state-society relations. None of these paradigms fully captures the complexity of the transformations happening in China. We recommend greater dialogue between the humanities and social sciences in search of more adequate theoretical frameworks for understanding Chinese religions today.
  • Topic: Humanitarian Aid, Religion
  • Political Geography: China
  • Author: Lawrence C. Reardon
  • Publication Date: 07-2011
  • Content Type: Journal Article
  • Journal: Journal of Current Chinese Affairs
  • Institution: German Institute of Global and Area Studies
  • Abstract: During the 1980s, Chinese policy elites underwent a process of complex learning in economic policy that resulted in a shift from a revolutionary to a techno-economic paradigm that greatly reduced the control of the Chinese Communist Party over the economy. Spillover from the sectoral paradigm shift affected other policy sectors, which forced policy elites to experiment with religious policies that would complement the new economic paradigm. This experimentation fostered the growth of a civil society that could assume the social responsibilities cast off by the reforming state-owned enterprises. However, the experimentation also empowered distributional coalitions such as the Falungong, which threatened the party's control. Policy elites thus implemented adaptations of religious policies formulated under the revolutionary paradigm. The study concludes that the current conflict between the Vatican and Beijing resembles an iterated prisoner's dilemma and that the conflict will continue until Chinese policy elites realize that the failure of religious policy adaptations threaten the long-term goals of the techno-economic paradigm.
  • Topic: Religion
  • Political Geography: China
  • Author: Matthew Sundquist
  • Publication Date: 06-2011
  • Content Type: Journal Article
  • Journal: Americas Quarterly
  • Institution: Council of the Americas
  • Abstract: A Fulbright Scholar discovers the pathologies and injustices of a higher education system once considered the "jewel of the Americas." The story goes that Domingo Faustino Sarmiento was born under a tree in San Juan, a province in western Argentina. I passed that tree every day on my way to teach at the Faculty of Philosophy, Humanities and Arts at the Universidad Nacional de San Juan (UNSJ), as a newly minted Fulbright Scholar in early 2010. I couldn't help thinking that I was also following the path that Sarmiento took in 1869, when he brought 65 English teachers to Argentina from Boston. An early advocate of universal education, Sarmiento helped establish Argentina's national education system when he was minister of religion, justice and public instruction. Later, as governor of San Juan, Sarmiento passed laws mandating primary education and lobbied for tuition-free public primary schools. Then, as president (1868–1874), he established 800 schools and oversaw a quadrupling of educational funding to provinces.
  • Topic: Education, Religion
  • Political Geography: Argentina
  • Author: Ghada Al-Madbouh
  • Publication Date: 05-2009
  • Content Type: Journal Article
  • Journal: Journal of Palestine Studies
  • Institution: Institute for Palestine Studies
  • Abstract: Hamas in Politics: Democracy, Religion, Violence is a daring attempt to analyze the thinking of Hamas as a social movement and not simply as a terrorist organization. Using a combination of political theory and empirical research, Jeroen Gunning, a lecturer in international politics at the University of Wales (and deputy director of the university's Centre for the Study of Radicalisation and Contemporary Political Violence), contextualizes issues of democracy, religion, and violence as they relate to Hamas. Methodologically, Gunning offers an extensive discussion of his interpretive ethnographic fieldwork in the Gaza Strip (conducted 1997–2004), taking his analysis beyond the straightforward causality or correlation of mainstream political science. The main merit of the book, however, rests in Gunning's attempt to wed the study of Hamas's discourse to the study of its actual practices regarding religion, democracy, and violence.
  • Topic: Political Violence, Religion
  • Political Geography: Gaza
  • Author: Valerie M. Hudson, Mary Caprioli, Bonnie Ballif-Spanvill, Rose McDermott, Chad F. Emmett
  • Publication Date: 03-2009
  • Content Type: Journal Article
  • Journal: International Security
  • Institution: Belfer Center for Science and International Affairs, Harvard University
  • Abstract: What are the roots of conflict and insecurity for states? When the international system is relatively stable, attention turns to differences in state attributes. Some scholars argue that civilizational differences, defined by ethnicity, language, and religion, are an underlying catalyst for conflict and insecurity. Others have spoken of the importance of differentiating between democratic and nondemocratic regime types in explaining conflict in the modern international system. Still others assert that poverty, exacerbated by resource scarcity in a context of unequal access, is at the root of conflict and insecurity at both micro-and macro-levels of analysis.
  • Topic: Security, Religion
  • Author: Shailly Barnes
  • Publication Date: 06-2009
  • Content Type: Journal Article
  • Journal: Journal of International Affairs
  • Institution: School of International and Public Affairs, Columbia University
  • Abstract: Religion is not often pursued as a source of engagement in the international discourse on development. While faith-based organizations have received a greater audience and exerted greater influence in the past few years under the Bush administration, it is still uncommon for international development agencies to incorporate religious loyalties, insights and communities into their regional or national agendas. This pattern of development practice grew, perhaps, from an attempt to pursue a secular agenda that offended none and therefore was acceptable to all. However, in neglecting the religiosity of the poorest of the poor, the development agenda fails to acknowledge and learn from some of the most innovative, influential and sustainable development actors: the religious leadership of the world's poor.
  • Topic: Religion
  • Author: Kudret Bülbül, Bekir Berat Özipek, İbrahim Kalın
  • Publication Date: 01-2008
  • Content Type: Journal Article
  • Journal: Insight Turkey
  • Institution: SETA Foundation for Political, Economic and Social Research
  • Abstract: This article, based on a book published by SETA, looks at the attitudes of Turkish people towards what is conceived as the West and Western culture. While some polls suggest a deep anti-European and anti-American sentiment in Turkey with a clear opposition to Christianity as the religion of the West, the current survey suggests evidence to the contrary. Survey findings show that there is no anti-Westernism in Turkey based on religion, culture, or civilization. Perception of the West is fragmented and does not lend itself to easy categorizations. There is no animosity towards Christianity. In fact, most participants use a respectful and even venerable language when talking about the Christian religion. While most participants do not feel comfortable with the invasion of Turkish society by Western cultural products, they see no essential conflict between the core values of the two cultures. While the perception of Western religion, culture and civilization is mostly fragmented and reveals considerable diversity, Western politics is uniformly perceived as negative and hostile.
  • Topic: Politics, Religion, Culture
  • Political Geography: America, Europe, Turkey
  • Author: Clifford Bob
  • Publication Date: 01-2007
  • Content Type: Journal Article
  • Journal: Human Rights and Human Welfare - Review Essays
  • Institution: Josef Korbel Graduate School of International Studies, University of Denver
  • Abstract: Each year since 1999 the U.S. State Department has issued a lengthy report on violations of religious freedoms around the world. In recent years, Human Rights Watch and other major rights organizations have made religious persecution one of their major foci. And the world media now pays significant attention to violations of worship rights. As a result, countries such as Sudan, China, North Korea, Uzbekistan, and others have faced international pressure for their repression of various faiths, especially Christianity.
  • Topic: Non-Governmental Organization, Religion
  • Political Geography: Africa, United States, China, Sudan, North Korea, Uzbekistan
  • Author: Jean Baubérot
  • Publication Date: 08-2007
  • Content Type: Journal Article
  • Journal: French Politics, Culture Society
  • Institution: Conference Group on French Politics Society
  • Abstract: La notion de « religion civile » provient, on le sait, de Jean-Jacques Rousseau, et elle a été, ces dernières décennies, reprise et réinterprétée par des sociologues et des historiens. En France, il est assez courant d'opposer la « laïcité républicaine » (française) à la religion civile américaine. Cet article propose, au contraire, l'hypothèse que la question de la « religion civile » se situe au coeur de la spécificité de la laïcité française dans sa dimension historique comme dans son actualité. La Cour constitutionnelle italienne considère, depuis 1989, le principe de laïcité comme fondamental ; plusieurs pays (Portugal, Russie) ont inscrit la laïcité dans leur Constitution ; le Québec a explicitement laïcisé ses écoles en 2000, etc. Et, pourtant, la laïcité continue d'apparaître souvent comme une « exception française » Or cette exceptionnalité n'est nullement conforme à la pensée des pères fondateurs de la laïcité française : Ferdinand Buisson, le maître d'oeuvre (au côté de Jules Ferry et de ses successeurs) de la laïcisation de l'école, et Aristide Briand, l'auteur principal de la loi de séparation des Églises et de l'État de 1905, envisageaient la laïcité de façon universaliste et non substantialiste : il existe pour eux des pays plus ou moins laïques, et la France n'est pas le pays le plus laïque du globe.
  • Topic: Civil Society, Government, Religion
  • Political Geography: United States, Europe, France
  • Author: Helena Rosenblatt
  • Publication Date: 12-2007
  • Content Type: Journal Article
  • Journal: French Politics, Culture Society
  • Institution: Conference Group on French Politics Society
  • Abstract: That French Protestants gave strong support to laïcité is by now well established. Whether this support was due to ideological dispositions within Protestantism or to Protestantism's practical relationship to history can be debated; what cannot be debated is the disproportionate role Protestants played within the Third Republic and among the early proponents of laïcité. In recent work, Patrick Cabanel has even made a compelling case for the Protestant sources of laïcité, placing particular emphasis on the Protestant entourage of Jules Ferry (1832-1893) and stressing the inspiration provided by the pro-Protestant intellectual, Edgar Quinet (1803-1875).
  • Topic: Religion
  • Political Geography: Europe, France
  • Author: Sennur Özdemir
  • Publication Date: 03-2004
  • Content Type: Journal Article
  • Journal: Uluslararasi Iliskiler
  • Institution: Uluslararasi Iliskiler
  • Abstract: This study elaborates and (re)conceptualizes the 'east' and the 'west', representing the two distinct historical and 'socio-economic whole from a 'sociology of knowledge' dimension. The most important consequence of the defining characteristics of 'the west' (as being hierarchical, class-based and exclusive), lies in its class-based and partial nature resulting in an identification of knowledge with power. This is also responsible for the 'metaphysical nature' of the 'western' knowledge and science: 'Dualistic-exclusive and polaristic' character of 'western habitus' creating a large gap between 'theory and practice' can also be understood in this context. All these together explain the reasons for not being capable of 'universal and representative' of modern knowledge and science. As a result, this study projects that as 'eastern characteristics' has increasingly become more hegemonical on global level, a transition from cyclically reproducing 'exclusive and contradictory' relational and methodological 'western' 'style' to comprehensive new paradigmatic methodologies and syntheses will be expected.
  • Topic: Islam, Religion, Political Theory
  • Author: Sennur Özdemir
  • Publication Date: 09-2004
  • Content Type: Journal Article
  • Journal: Uluslararasi Iliskiler
  • Institution: Uluslararasi Iliskiler
  • Abstract: A radical crisis in capitalist system has been determined in the first part of the study, in relation with the present chaotic international atmosphere, resulting in a civilisational turn (from the West to the East). The dominant role attributed to the (Islamic) East in this process will be argued in the second section. Lastly, this argument will be discussed around the MÜSİAD in Turkey, as an organisation (with an Islamic reputation) in recently declared 'model country' for the Islamic Middle East. The MÜSİAD has stamped on the agenda of 1990's in many respects with its multi-functional and multilateral positioning determined by the kinds of activities intersecting economic and socio-cultural (indirectly political as well) fields. This organisation is representative in reflecting Turkey's overall transformation in its multidimensionality (from a specific form of state capitalism to a specific form of market capitalism).
  • Topic: Economics, Islam, Religion
  • Political Geography: Turkey, Middle East