Search results

Перевод послесловия к работе «Легальность и легитимность» (1932), написанного Карлом Шмиттом в 1958 г. для издания в составе сборника «Конституционно-правовые сочинения 1924-1954 гг.». В послесловии Шмитт еще раз обращается к ситуации в Германии в начале 30-х гг. и к полемике против влиятельных немецких юристов, которые отвергли его трактовку Веймарской конституции. Он отвергает распространенное мнение о том, что именно он желал введения чрезвычайного положения, и настаивает на том, что эта книга последняя попытка спасти президентскую республику Веймарской Германии. Шмитт доказывает слабость тогдашнего юридического позитивизма и специально останавливается на нескольких ключевых пунктах своей аргументации. Во-первых, по Шмитту, позитивисты не знали, что легальность первоначально была существенной частью западного рационализма и формой проявления, но отнюдь не абсолютной противоположностью легитимности. Во-вторых, необходимо различать закон и меры, потому что они имеют разный правовой статус. Это важно, поскольку государство законодательства постепенно становится государством администрации, в котором действия управленческих институтов фактически более весомы, чем парламентские законы, а решения парламента о наделении исполнительных органов соответствующими полномочиями могут быть затруднены, когда в парламенте нет дееспособного большинства. В-третьих, Шмитт исследует вопрос о так называемых «премиях за легальное обладание властью». Послесловие завершается кратким обзором ситуации в конце января 1933 г. Публикацию предваряет предисловие переводчика, в котором дается обзор основных положений книги Шмитта «Легальность и легитимность». ; This is a translation of the afterword of Legality and Legitimacy (1932), rewritten by Carl Schmitt in 1958 for his collection Verfassungsrechtliche Aufsätze aus den Jahren 1924-1954. In the afterword, Schmitt once again describes the situation in Germany in the early 1930's, and argues against the influential German lawyers who rejected his interpretation of the Weimar Constitution. He rejects the wide-spread opinion that he wanted a state of emergency in Germany to be introduced, and insists that this book was his final attempt to rescue the presidential republic of Weimar Germany. Schmitt then demonstrates the weakness of legal positivism and specifically stops at the several key points in his argument. First, according to Schmitt, the positivists did not know that legality, an unopposed form of the manifestation of legitimacy, had originally been an essential part of Western rationalism. Second, it is necessary to distinguish between the law and the sanctions because of their different legal statuses. This distinguishing is important because the legislative state was gradually becoming the administrative state. As a result, the governing institutions are more powerful than the parliamentary laws. Any parliamentary decision providing executive bodies relevant authority cannot be executed without an effective parliamentary majority. Thirdly, Schmitt explores the question of the so-called "premiums" for the legal possession of power. The afterword concludes with a brief overview of the situation at the end of the January 1933. The Publication includes the translator's preface providing an overview of the main provisions of Schmitt's book, Legality and Legitimacy.

Immigrants who came to Türkiye in masses after the internal conflicts in Syria in 2011 were put under temporary protection, a status in international law, and started to live with the Turkish people. This temporary status has transformed into de facto permanent co-living after the past ten years. This situation necessitated the implementation of policies that require social cohesion between Syrians and Turks. Education is the most important tool in ensuring social cohesion. In this study, it is aimed to reveal the policies implemented for the inclusion of Syrians under temporary protection in to the Turkish education system and what the results of these policies are. In the study, the statistical data of state institutions, legal regulations, academic research and news in the media were handled and the document analysis method was used. In this context, all dimensions of the subject from primary education to higher education were categorized and the findings were shared with the reader in a systematic way. The findings show that the Syrians, who were thought to be temporary at first, were planned to continue their education in the camps without obtaining a diploma or document, but with the prolongation of the war, necessary legal arrangements were made for their inclusion in the Turkish National Education System and Higher Education. In the field studies made, it was observed that Despite the arrangements technical and social problems continued in practice and the desired level of participation in post-primary education could not be achieved. In addition, it has been revealed that the results of education policies for Syrians under temporary protection are related to the cultural structure of the cities where Syrians live in Türkiye, their geographical proximity to Syria, the population of Arab origin in the city, the status of schools, and the qualifications and experiences of teachers. In this context, it has been evaluated that effective language learning in all age groups, ensuring school attendance and increasing the number of academicians and students in the academy should be priority policy issues to ensure social cohesion.

In Ethiopia, individuals with disabilities have limited access to educational and vocational training opportunities due to environmental, attitudinal and institutional barriers. The overarching purpose of the study was to investigate the status of inclusiveness of relevant policy and legal instruments of the study countries and their practicality in vocational education programmes. The specific aims of the study were to: explore the extent to which the issue of special educational and training needs for persons with disabilities is addressed in the education and training policy of Ethiopia, specifically focusing on technical and vocational education and training (TVET); investigate prevailing challenges and opportunities in relation to the participation of students with disabilities in vocational education programmes in Ethiopia and, finally, to examine the status of inclusiveness of the education and training policy of Ethiopia compared with the situations of Kenya and Tanzania, focusing particularly on vocational education. The study data were gathered from the selected national as well as regiona l TVET institutions, ministries of education, TVET agencies/authorities and other government organisations and DPOs of the study countries. The data collection tools comprised: focus group discussions; interviews; questionnaires; systematic observations and document analysis. A total of 110 trainers and 28 students with disabilities from the selected colleges completed the questionnaires. Forty representatives and leaders of DPOs and selected indigenous NGOs working on the issue of disability participated in four focus group discussions held in the study countries. In addition, 30 regional and college-level administrators and 29 high- profile experts and government representatives of the study countries were interviewed. A total of 10 colleges selected from five big regions of Ethiopia were evaluated through direct observation in terms of the accessibility of their physical environments. Document analysis was conducted on the contents of the relevant policy, legal and implementation instruments to determine their inclusivity status. The findings revealed that the issue of disability has not been sufficiently addressed in relation to issues of strategy, prioritisation and implementation due to the lack of appropriate facilitation and skilled human power.

International audience ; Recently, some authors have tried to link international human rights to equality and equal status in particular, and hence to fill a gap that was left open by human rights theorists and equality specialists alike. Neglect for that connection is attributable both to the lack of interest for international law and politics beyond domestic boundaries that has long plagued theories of egalitarianism, but also to the resilience of foundationalist and especially monist approaches to the justification of human rights. Even though the egalitarian dimension of international human rights has now been uncovered, more work is needed on what that normative ideal means in the human rights context and from the perspective of human rights theory, and in particular on how it may be combined with a universal justification of human rights. My argument in the chapter is three-pronged. A first section of the chapter presents a conception of equal moral status and uncovers its intimate relationship to political equality. There, I delineate the notion of equal moral status from that of dignity and argue that while the latter plays a meaningful role qua requirement of respectful treatment, it should not be confused with the former and only plays a limited role in the human rights context. In the second section, I argue that human rights are grounded in interests and that political equality works as threshold in the recognition of the importance of cettain interests qua human rights. In turn, the egalitarian dimension of human rights explains how human rights are both moral and legal rights, on the one hand, and both domestic and international legal rights, on the other. The third section of the argument is dedicated to exploring the implications of the egalitarian dimension of human rights for some vexed issues in international human rights law, such as the relationship between human rights, non-discrimination rights and the equality principle in international law. The tensions between ideal and non-ideal ...

Children of immigrants are a rapidly growing part of the U.S. child population. Their health, development, educational attainment, and social and economic integration into the nation's life will play a defining role in the nation's future. Nancy Landale, Kevin Thomas, and Jennifer Van Hook explore the challenges facing immigrant families as they adapt to the United States, as well as their many strengths, most notably high levels of marriage and family commitment. The authors examine differences by country of origin in the human capital, legal status, and social resources of immigrant families and describe their varied living arrangements, focusing on children of Mexican, Southeast Asian, and black Caribbean origin. Problems such as poverty and discrimination may be offset for children to some extent by living, as many do, in a two-parent family. But the strong parental bonds that initially protect them erode as immigrant families spend more time in the United States and are swept up in the same social forces that are increasing single parenthood among American families. The nation, say the authors, should pay special heed to how this aspect of immigrants' Americanization heightens the vulnerability of their children. One risk factor for immigrant families is the migration itself, which sometimes separates parents from their children. Another is the mixed legal status of family members. Parents' unauthorized status can mire children in poverty and unstable living arrangements. Sometimes unauthorized parents are too fearful of deportation even to claim the public benefits for which their children qualify. A risk factor unique to refugees, such as Southeast Asian immigrants, is the death of family members from war or hardship in refugee camps.
The authors conclude by discussing how U.S. immigration policies shape family circumstances and suggest ways to alter policies to strengthen immigrant families. Reducing poverty, they say, is essential. The United States has no explicit immigrant integration policy or programs, so policy makers must direct more attention and resources toward immigrant settlement, especially ensuring that children have access to the social safety net.

This paper examines the relationship between citizenship policies and noncitizen political behavior, focusing on extra-electoral forms of political participation by Korean residents in Japan. I analyze the institutional factors that have mediated the construction of Korean collective identity in Japan and, in turn, the ways that Korean community activists have re-conceptualized possibilities for their exercise of citizenship as foreign residents in Japan. My empirical analysis is based on a theoretical framework that defines citizenship as an interactive process of political incorporation, performance, and participation. I posit that the various dimensions of citizenship—its legal significance, symbolic meaning, claims and responsibilities, and practice—are performed, negotiated, and restructured in a triangular interactive relationship between the state, citizens, and noncitizens. I address a puzzle that is both specific to Koreans in Japan and generalizable to foreign permanent residents in other advanced industrial democracies: Given their high levels of cultural assimilation, why does citizenship remain the last vestige of identity within the Korean community in Japan? Unlike previous studies that have focused on stringent citizenship policies at the level of the state alone, this paper explores the interactive process between institutions and communities. Based on their legal status, we would expect social movements in Japan's Korean community to center around the quest for citizenship acquisition. Yet, the findings of this paper demonstrate that Korean organizations have concentrated their efforts on securing the community's foreign citizenship status. I argue that postwar Japan's ethnocultural citizenship policies both shaped Korean political identity in Japan and structured political opportunities for Korean activists to negotiate the terms of their community's incorporation. Especially in recent years, new generations of Korean activists have reinterpreted the meaning of Korean citizenship as identity and practice in movements to democratize Japanese society. Rather than naturalize and become a small section of the voting population, Korean activists have increasingly used their noncitizen status as their "voice" to express their opposition to state policies. Based on ethnographic research conducted in Tokyo, Kawasaki, and Osaka over a twelve-month period, this paper explores how citizenship policies affect the political identities, claims, and strategies of noncitizen communities.

This book, which originated from the broadly held view that there is a lack of Rule-of-law in Mexico, and from the emphasis of traditional academia on cultural elements as the main explanation, explores the question of whether there is any relationship between the system of constitutional review - and thus the 'law' as such - and the level of Rule-of-law in a given state. To do so, it elaborates a theoretical model for achieving Rule-of-law and compares it to the constitutional review systems of the United States, the Federal Republic of Germany, and Mexico. The study concludes that the two former states correspond to the model, while the latter does not. This is fundamentally due to the role each legal system assigns to ordinary jurisdiction in carrying out constitutional review. Whereas the US and Germany have fostered the policy that constitutional review regarding the enforcement of basic rights is the responsibility of ordinary courts, Mexico has relied too heavily on the specialized constitutional jurisdiction.

"This book explores the relationship between the city of Rome and the Aurelian wall during the six centuries following its construction in the 270s AD, a period when the city changed and contracted almost beyond recognition, as it evolved from imperial capital into the spiritual center of Western Christendom. The wall became the single most prominent feature in the urban landscape, a dominating presence which came bodily to incarnate the political, legal, administrative, and religious boundaries of urbs Roma, even as it reshaped both the physical contours of the city as a whole and the mental geographies of 'Rome' that prevailed at home and throughout the known world. With the passage of time, the circuit took on a life of its own as the embodiment of Rome's past greatness, a cultural and architectural legacy that dwarfed the quotidian realities of the post-imperial city as much as it shaped them"--Provided by publisher

"What is the status of indigenous religious rights in the world today? Despite important legal advances in the protection of indigenous religious beliefs and practices at the international and national levels, there are still many obstacles to the full implementation of these provisions. Using a unique large-scale comparative approach, this book aims to identify the fundamental issues that characterize the law of indigenous religions in several countries, as well as certain avenues that may prove useful in state-implementation of the the provisions of the United Nations Declaration on the Rights of Indigenous Peoples regarding the practice, promotion, transmission, protection, and access to spiritual heritage"--

Cover -- Contents -- Images -- Preface -- Introduction: Enduring Marks of Inferiority -- Chapter 1: The Sketches of Social Hierarchy in Early Christian Thought -- Chapter 2: Christian Supersessionism Becomes Christian Supremacy -- Chapter 3: A White European Christian Identity Emerges -- Chapter 4: European Christian Supremacy and Modern Citizenship -- Chapter 5: Slavery, Citizenship, and the Legal Status of Free Blacks -- Chapter 6: The Fault Lines on Race, Religion, and American Citizenship -- Chapter 7: Contesting Black Citizenship and Equality -- Chapter 8: Backlash against Jewish Equality -- Chapter 9: Visualizing Social Hierarchy -- Chapter 10: The (Stunted) Reckoning -- Chapter 11: Reckoning with the Christian Legacy of Antisemitism and Racism -- Notes -- Bibliography -- Index.

"What is the status of indigenous religious rights in the world today? Despite important legal advances in the protection of indigenous religious beliefs and practices at the international and national levels, there are still many obstacles to the full implementation of these provisions. Using a unique large-scale comparative approach, this book aims to identify the fundamental issues that characterize the law of indigenous religions in several countries, as well as certain avenues that may prove useful in state-implementation of the the provisions of the United Nations Declaration on the Rights of Indigenous Peoples regarding the practice, promotion, transmission, protection, and access to spiritual heritage"--

This project deals with the historical, social and political aspects of the Karabakh issue regarding its origins, development and the current status of the conflict and its precedents and implications for other secessionist wars subsequent to the war in the autumn of 2020. This book also explores the international legal precedents of self-determination versus territorial integrity and the latest successful weapons developments lessons from the recent war involving drones and Azerbaijans rich oil reserves. M. Hakan Yavuz is Professor of Political Science at the University of Utah, USA. Michael M. Gunter is Professor of Political Science at Tennessee Technological, University in Cookeville, USA.