The Palestinian law on freedom of the press: a comparative survey with Western democracies
In: Civil society publications, 3
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In: Civil society publications, 3
World Affairs Online
In: Lex Humana, Heft 2, S. 35-53
Since it is imposed to thinking, deconstruction can be seen as a law, the Law itself. Deconstruction of law is to put it in the context of writing, to notice its submission to the différance, to the play in the language. The law of deconstruction acts in the deconstruction of law, revealing paradoxes and fragilities of juridical order, as well as concepts of natural law and human rights. Finally, deconstruction of law brings with it justice as undecidability, such as the obligation to make fair decisions, even when it is not possible to state the presence of justice. Law, writing and deconstruction converge then to justice, understood as the hospitality.
In: Maǧallat al-baḥṯ al-ʿilmī fi 'l-ādāb$dmaǧallat muḥkamat rubʿ sanawīya$hǦāmiʿat ʿAin Šams, Kullīyat al-Banāt li-l-Ādāb wa-'l-ʿUlūm wa-'t-Tarbiya: Journal of scientific research in arts, Band 1, Heft 2, S. 1-34
ISSN: 2356-8321
In: Griot: Revista de Filosofia, Band 20, Heft 2, S. 291-308
The purpose of this text is to exhibit and explore an image of Wittgenstein that remains in the margins of the academic production of commentaries on his writings: the image of a philosopher who does not occupy himself with philosophical theses and theories, but with a conflict against his philosophical inheritance and the world he inhabits. A conflict that does not end, that shows us ambiguities that are not abandoned after definitive solutions are given to what haunts the philosopher. The voices of Wittgenstein tell us about temptations and hegemonic forms of thinking philosophy that remain present, about questions that can still be raised in philosophical communities, and this leads us to think about the pertinence today of his demand for a therapeutic procedure. In this sense, some topics will be explored such as: philosophy as some sort of antiphilosophical therapy, the relationship between the "disease of a time" and the writings and biographical aspects of Wittgenstein, the desire for authenticity and the possibility of individual solutions for the issues relating to the "darkness of this time".
In: Lex Humana, Band 4, Heft 2, S. 92-101
Alternative means of dispute resolution are sought a long time as an access to justice more humane. Without the imposition of an intervening power, the parties have gain more autonomy in their decisions. The extension project of the Federal University of Paraíba "Citizenship in Extension: Access to Justice and Conflict Mediation", linked to the Reference Center for Human Rights (CRDH) aims to address the theme "Access to Justice", using one of the extrajudicial dispute resolution methods, namely: Mediation. The Mandacaru and Jardim Veneza's Reference Center for Citizenship in João Pessoa/PB, were the spaces chosen in the first year of the project, where residents discussed their problems in these localities, in order to build possible plans of action. The following year, the Guardian Council has become the chosen space, working directly with the Mediation. Building a sense of unity among residents of a community is one of the goals of this project with respect to collective issues. And mediation, with respect to individual issues. With the prospect of working together, this project follows its activity, achieving its main goals: empowering individuals and fostering active citizenship.
In: Studies in Islamic law and society 19
In: Griot: Revista de Filosofia, Band 21, Heft 1, S. 379-409
The paper aims to clarify the sense of contemporary fascism, particularly from the example of the Brazilian Bonsolarism, defining it as an anti-systemic, anti-institucional, anti-juridical and infralegal perspective with a personalist, devoted, voluntarist, spontaneous and militant character which starts from inside judiciary and in terms of subversion of the relation among law, politics and moral, and that, by means of politicization and partisanship of law, branches to the political system, serving as instrument to the fratricide political war among parties, from there linking to civil society in the form of constitution of a digital-social mass-militia of acclamation oriented to an anti-systemic posture. In this dynamic, the fascism has two constitutive and streamlining cores: on one side, it subverts the correlation of human rights and law, delegitimizing and truly destroying the ontogenetic primacy, the separation, the differentiation, the self-referentiality and the overposition of law in relation to politics and moral, as the subsidiarity of them regarding law; on other, it leads to the deconstruction from inside to judiciary and political system of the highly institutionalist, legalist, technical, formal and depersonalized perspective which is proper to them, eliminating the centrality of the judiciary and, them, delegitimizing its regulator role regarding to political system and to the social dialectics, normalizing the totalizing regression caused by political-moral colonization of the democratic law. By reconstructing the pluralist and universalist democracy's meta-normative and generative basis as a public system of law, that is, the co-originality of universality of human rights, pluralism and law, the condition of ontogenetic primacy, independence, self-subsistence and overposition of law in relation to politics and moral, as the subsidiarity of these regarding to law, we will point to the renewal of this systemic, systematic, procedural, mediated, instancial, progressive and publicized perspective of the public system of law, in the interrelation, separation and overposition of judiciary and political system, demarcated by a strong ideal of methodological-procedural-axiological institutionality, legality, technicality, formality and depersonalization, which eradicates the politicization and partisanship of law and, by devolving the complete integrality to law-judiciary, confines the democracy's political system and civil society to their true limits which are its structural basis: the human rights, the legal process and the public system of law, with the necessity of full translation of politics and moral to law, delimitating the pluralist and universalist democracy as a public system of law oriented to the production of universality in/as/by legality.
In: Griot: Revista de Filosofia, Band 22, Heft 3, S. 116-127
In the Critique of practical reason, Kant develops the foundation of moral law in its objective and subjective aspects. After claiming that it is plausible to postulate the determination of will only through pure reason, it was necessary for the philosopher to demonstrate how it becomes conscious and acceptable to the moral agent. In this step, he examines the feeling of pleasure and displeasure, to which he associates, at first, the humiliation of the will given to the satisfaction of the senses, so that in the subject emerges a new quality of feeling, respect, also called moral sentiment. The same strategy is found in the third critique, where the constraint, this time, acts on the imagination, unable to encompass the sublime immensity with the help of understanding. The displeasure that comes from it leads to the recognition of reason as a higher faculty and, from it, to the pleasure that comes from the conscience of the moral law as a higher destination. To consider the way in which the subjective assimilates the moral law, here it is intended to think it under the hypothesis of being it, rather, through embarrassment and displeasure, not only founded on the freedom, but also on the humiliation of presumption. The argument follows Kant's works on ethics, beginning with the Groundwork of the Metaphysics of Morals, then follows the path of the second to the third criticism. In this journey, we intend to examine the place that the feeling of pleasure occupies in the a priori foundation of the moral law, whether in the analytical of practical reason or in the analytical of the beautiful and the sublime.
World Affairs Online
In: ETD - Educação Temática Digital, Band 14, Heft 1, S. 299-313
Vivemos em tempos de hegemonia do discurso sobre a inclusão, sobre o direito às diferenças, que, embora fundamental, tem gerado muito desconforto no interior das escolas. Este artigo procura demonstrar que o dilema entre a busca pela igualdade e a busca pela diferença não é falso para os moldes do discurso de uma agenda estritamente política; mas o é, de uma perspectiva social, desde que se leve em consideração que esta última não se dissocia de uma perspectiva psíquica. À luz do referencial psicanalítico kleiniano e bioniano, a diferença é concebida como o ponto de inflexão que inaugura o conflito e com ele coincide. A partir disso, o artigo discute que as instituições escolares revelam diferentes maneiras de acolher (ou não) o que cada um traz para a escola – suas particularidades, ansiedades, formas de sentir, de aprender, de desenvolver as diferenças –, acabando por oferecer, às reais necessidades dos sujeitos que ali estão, diariamente, distintas possibilidades de elaboração. São características de alguns perfis de instituição, os quais se descrevem como: a escola negligente; a escola homogeneizadora; a escola ingênua e a escola acolhedora.
In: Griot: Revista de Filosofia, Band 21, Heft 2, S. 293-310
Habermas discusses the chances for the establishment of world citizenship in contemporary society, marked by multiculturalism and the process of globalization. Habermas identifies the historical configuration of the post-national constellation, and from there themed the transition from international law to the law of citizens of the world, which aligns the concept of citizenship to the idea of human rights. Habermas analyzes the Kantian idea of a cosmopolitan state in which citizens are legal subjects of their respective States and members of a cosmopolitan entity. Kant elaborates on the concept of world republic, which Habermas disagrees with, but offers the example of the European Union for a discussion on the realization of a just and peaceful international order. Based on the Kantian orientation of constituting an order of world citizenship, Habermas discusses the conformation and viability of this idea in contemporary times. For Habermas, it is possible to spell out the idea of cosmopolitan citizenship. From the European Union, cooperation between States and citizens shows that a cosmopolitan community is needed to complement an international community of States.
In: Boletim de Ciências Económicas, Band 57, Heft 1, S. 633-670