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1

Billingham, Paul. "State Sovereignty, Associational Interests, and Collective Religious Liberty." Secular Studies 1, no. 1 (May 8, 2019): 114–27. http://dx.doi.org/10.1163/25892525-00101008.

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Анотація:
Abstract In Chapter 5 of Liberalism’s Religion, Cécile Laborde considers the freedom and autonomy of religious associations within liberal democratic societies. This paper evaluates her central arguments in that chapter. First, I argue that Laborde makes things too easy for herself in dismissing controversies over the state’s legitimate jurisdictional authority. Second, I argue that Laborde’s view of when associations’ ‘coherence interests’ justify exemptions is too narrow. Third, I consider how we might develop an account of judicial deference to associations’ ‘competence interests’.
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2

Okon, Enoch Ndem, Dodeye Uduak Williams, and Godwin S. Mmaduabuchi Okeke. "State Bastardisation And Terrorism In Nigeria: A Discourse." Research in Social Change 13, no. 1 (December 1, 2021): 37–46. http://dx.doi.org/10.2478/rsc-2021-0006.

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Abstract This paper seeks to unearth and analyse the variables which promote and sustain primordial groups’ identities and their linkages to the emergence and sustenance of terrorist groups in Nigeria. Grounded in the pluralist theory of sovereignty, the study adopts historical research design. It relies solely on data from secondary sources, which are presented qualitatively, and the finding is analysed using content analysis techniques. The study reveals that the promotion of primordial identities above national identity for political advantage by the political elites leads to state bastardisation in Nigeria. Besides, it identifies the apostolical promotion of some neoliberal values without corresponding citizenship education, as responsible for the emergence of Boko Haram and other such groups that challenge the sovereignty and legitimacy of the Nigerian state. It also questions the continuous promotion of religion in the public domain in a secular state and concludes that genuine integration policy is an urgent imperative. The study recommends that ethno-religious politics be buried; religion should be returned to the private lives of the citizenry. Besides, citizenship education and societal development should be prioritised in order to strengthen the state, and weaken the capacity of primordial groups to challenge the Nigerian State with violent outbursts.
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3

Scott, Xavier. "From Crusades to Colonization: Violence in Secular and Religious Political Theory." Journal of the Council for Research on Religion 1 (December 24, 2019): 1–21. http://dx.doi.org/10.26443/jcreor.v1i0.2.

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This paper examines the transition in political philosophy between the medieval and early-modern periods by focusing on the emergence of sovereignty doctrine. Scholars such as Charles Taylor and John Rawls have focused on the ability of modern-states to overcome conflicts between different religious confessionals. In contrast, this paper seeks to examine some of the peace-promoting features of Latin-Christendom and some of the conflict-promoting features of modern-secular states. The Christian universalism of the medieval period is contrasted with the colonial ventures promoted by the Peace of Westphalia. This paper’s goal is not to argue that secularism is in fact more violent than religion. Rather, it seeks to demonstrate the major role that religion played in early modern philosophy and the development of sovereignty doctrine. It argues against the view that the modern, secular state is capable of neutrality vis-à-vis religion, and also combats the view that the secular nature of modern international law means that it is neutral to the different beliefs and values of the world’s peoples. These observations emphasize the ways in which state power and legitimacy are at the heart of the secular turn in political philosophy.
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4

Scott, Xavier. "From Crusades to Colonization: Violence in Secular and Religious Political Theory." Journal of the Council for Research on Religion 1, no. 1 (December 12, 2019): 1–19. http://dx.doi.org/10.26443/jcreor.v1i1.57.

Повний текст джерела
Анотація:
This paper examines the transition in political philosophy between the medieval and early-modern periods by focusing on the emergence of sovereignty doctrine. Scholars such as Charles Taylor and John Rawls have focused on the ability of modern-states to overcome conflicts between different religious confessionals. In contrast, this paper seeks to examine some of the peace-promoting features of Latin-Christendom and some of the conflict-promoting features of modern-secular states. The Christian universalism of the medieval period is contrasted with the colonial ventures promoted by the Peace of Westphalia. This paper’s goal is not to argue that secularism is in fact more violent than religion. Rather, it seeks to demonstrate the major role that religion played in early modern philosophy and the development of sovereignty doctrine. It argues against the view that the modern, secular state is capable of neutrality vis-à-vis religion, and also combats the view that the secular nature of modern international law means that it is neutral to the different beliefs and values of the world’s peoples. These observations emphasize the ways in which state power and legitimacy are at the heart of the secular turn in political philosophy.
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5

Graziano, Manlio. "The long crisis of the nation-state and the rise of religions to the public stage." Philosophy & Social Criticism 42, no. 4-5 (February 3, 2016): 351–56. http://dx.doi.org/10.1177/0191453715625440.

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Анотація:
The aim of this article is to identify the main factors of the current crisis of the nation-state and to demonstrate how many of the voids left by this crisis are filled by religions. The main characteristic of the nation-state is the principle of sovereignty. The apogee of the nation-state is the political form (as well as a political need) of industrialization. National identity is possible only when the state proves to its citizens that the fact of being a member of it carries benefits and privileges and will always bring more. Today, the majority of nation-states, in particular the oldest great powers, no longer have this capability. The weakening of the nation-state began at the end of the 19th century. The first wave of globalization multiplied the cases of reciprocal interferences and trespassed on the theoretical impermeability of the sovereign states. The outcome of the First World War, with the creation of the first supranational body (the League of Nations), and much more the outcome of the Second World War, were two important steps of this crisis. The birth of the United Nations, and of other supranational bodies (the International Monetary Fund [IMF], the World Bank [WB], the General Agreement on Tariffs and Trade [GATT] …), as well as the creation of the first court called to judge an entire political class, were an assault on the principle of sovereignty. The second wave of globalization, characterized by the free circulation of goods, money, people and cultures, did the rest. Moreover, the countries that ‘invented’ the principle of sovereignty are today in relative decline as new powers are emerging. The nation-state is no longer able to keep its promises. The less effective states become at offering their citizens both meaning and social services, the more do religions tend to reoccupy the public stage. The less national and political legitimacy they have, the more powers use the religious tool against one another.
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6

Sudarti, Sudarti. "RELASI AGAMA DAN NEGARA: TELAAH PEMIKIRAN POLITIK SOEKARNO DAN FAZLUR RAHMAN." Politica: Jurnal Hukum Tata Negara dan Politik Islam 7, no. 2 (December 30, 2020): 69–91. http://dx.doi.org/10.32505/politica.v7i2.1985.

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Анотація:
The author in this study wanted to see the similarities and differences in the political thoughts of Soekarno and Fazlur Rahman about the relationship between religion and the state. The type of research used is library research with a descriptive-comparative method. The results showed that Soekarno and Fazlur Rahman had a different paradigm in viewing the relationship between religion and state. Soekarno has a secularistic paradigm that separates religion and state to be implemented in Indonesia, while Fazlur Rahman has an Integralistic paradigm in which religion (Islam) and the state cannot be separated (integrated). However, these two figures agree that the sovereignty of a country is in the hands of the people and do not agree with the theory of God's sovereignty because God has never acted as politically sovereign nor as a maker of laws or laws. Keywords: Secularistic Paradigm, Integralistic Paradigm, God's Sovereignty.
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7

R. Copley, Gregory. "MEETING THE BURDEN OF STATEHOOD: IS KOSOVO READY?" POLITICS AND RELIGION JOURNAL 1, no. 1 (January 15, 2007): 25–42. http://dx.doi.org/10.54561/prj010125c.

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Анотація:
There is ample evidence that Kosovo has no legitimacy in the normal sense of a sovereign state, and that, if it was to be recognized as such, it would further erode the credibility of the international system. Kosovo does not meet any historical standards for sovereignty. For Kosovo to be recognized as a legitimate sovereign state, the international community must violate the sovereignty of another recognized state, the Republic of Serbia. One should also take to consideration that Kosovo is already a territory run as a criminal enterprise, with links into jihadist movements. Already Kosovo is becoming like Afghanistan under the Taliban. And like the Taliban destruction of the ancient Buddhas of Bamiyan, the Albanian Islamist process of destruction of the Christian Churches will be complete if Kosovo is granted independence. The chaos of changing borders— such as we are seeing today in the Balkans, and elsewhere — is fertile ground for criminality. Europe is a major target for the global jihadist movements, and not only those under the al-Qaida label, but also those fi nanced and logistically made viable by the Iranian Government. Western fears have been strengthened by intelligence derived by European countries on the existence of a strong Islamist network in Kosovo and Bosnia. The “al-Qaida” phenomenon owes its success to the fi nancial links with what we are calling the Albanian mafi a, just as the Albanian criminals owe their success to the logistics and networks of al-Qaida. As far as Islamists are concerned, their goal is consolidation of their control over parts of the Balkans, specifi cally the so-called “Green transversal” belt which links the Adriatic Coast through Albania, FYR of Macedonia, the Serbian Kosovo and Metohija region, the southern Serbia/northern Montenegro Rashka (Sanjak) region, through the Gorazde Corridor into Bosnia, not only as a terrorist corridor but also to facilitate a clear highway for narco-traffi cking and weapons shipments. Signifi cantly, the Serbian Government within the union of Serbia & Montenegro, had, until the recent Serbian elections, attempted to ignore the growing incitement to a new outbreak of violence and unrest on the part of the Muslim community of southern Serbia (Rashka) and Kosovo because it did not wish to be seen to be drawing attention to the growing Muslim agitation. Finally, Kosovo Liberation Army still, and is able to access much of its narcotic product, because of its close interrelationship with jihadist movements worldwide and foreign state sponsors. There is no ground for optimism in the future. The wars to break up Yugoslavia are still unfi nalized. And in many of the new wars we will see savagery abound as groups “re-discover” old identities, and seek to capitalize on the permissive climate of change and chaos. However, it not just Balkans that is endangered. Deeply placed sources within the Islamist community in Kosovo have identifi ed the source and type of the explosives used in the jihadist terrorist bombings in London on July 7, 2005, and the Madrid commuter railway bombings of March 11, 2004.
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8

Λάμπρου (Eleni Lamprou), Ελένη. "Carl Schmitt: Μια θεωρία περί την πολιτική και τη θεολογία". Conatus 1, № 1 (5 квітня 2017): 49. http://dx.doi.org/10.12681/conatus.11845.

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Анотація:
Carl Schmitt in his book Political Theology: Four Chapters on the concept of sovereignty deals with the issue of sovereignty and furthermore in which cases the sovereign is likely to emerge. Initially, he tries to define what sovereignty is. He claims that sovereignty has to do with a ‘situation of extraordinary emergency’. In such a case, the sovereign ought to concede the existence of the exception of the current legal status and in the end, he should defend the public security, the order of the state and furthermore he has to aim at the salut public. Schmitt speaks for the suspension of the current order and the existence of a state but not a state of justice. He maintains that there is no anarchy or iniquity since the sovereign has legislated and no law can exist or be implemented in chaos. The law has been sited by the sovereign arbitrarily. Thereafter, a genealogical approximation for the term of sovereignty has been attempted, which has been based on claims of Bodin, Kelsen (whose theory has been counterfeited by Schmitt), Krabbe and Thomas Hobbes. The most important part in his book is the analysis of the term of political theology, the way in which religion interferes with the legal state of law, through one sovereign that creates the law and his decisions are vicious. Science and theology are mixed as a social phenomenon. Schmitt believes that sovereignty must in no way be hidden behind religion but it must be seated in science. He thinks that monarchy has found the power to create a state of law and this has been maintained through religion.
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9

Jones, Meirav, and Yossi Shain. "Modern sovereignty and the non-Christian, or Westphalia’s Jewish State." Review of International Studies 43, no. 5 (June 6, 2017): 918–38. http://dx.doi.org/10.1017/s0260210517000195.

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AbstractThis article participates in efforts by IR theorists to clarify aspects of modern sovereignty – an idea currently in rupture and being rethought – by returning to its founding ‘Westphalian moment’. While recent work has reconnected modern sovereignty to religion, considering Westphalia as a religious settlement and Christian concerns persisting in the groundwork of IR, our work looks beyond Christian concerns and asks how Westphalian sovereignty addressed non-Christians. We trace a yet-untapped discussion of the Jews – presented as a paradigmatic religious ‘other’ – among architects of Westphalian sovereignty from Bodin through Grotius, Hobbes, Harrington, and Spinoza. We demonstrate that foundational theorists of modern sovereignty considered religious diversity a political problem. Some cited essential sameness, minimising difference between Jews and Christians. Others considered the possibility of Jewish sovereignty long before this idea is usually considered to have entered modern consciousness. While the discussion of Jewish sovereignty among architects of modern sovereignty may seem to justify a Jewish state in a world of Westphalian states, it also emphasises Westphalia’s territorialising of religious difference. This aspect of the Westphalian framework is surely inadequate today, when territorialising religious difference is neither normative nor likely possible.
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10

Agrama, Hussein Ali. "Secularism, Sovereignty, Indeterminacy: Is Egypt a Secular or a Religious State?" Comparative Studies in Society and History 52, no. 3 (June 18, 2010): 495–523. http://dx.doi.org/10.1017/s0010417510000289.

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In this essay I offer a thesis about secularism as a modern historical phenomenon, through a consideration of state politics, law, and religion in contemporary Egypt. Egypt seems hardly a place for theorizing about modern secularity. For it is a state where politics and religion seem to constantly blur together, giving rise to continual conflict, and it thus seems, at best, only precariously secular. These facts, however, go to the heart of my thesis: that secularism itself incessantly blurs together religion and politics, and that its power relies crucially upon the precariousness of the categories it establishes. Egypt's religious-political ambiguities, I argue, are expressions of deeper indeterminacies at the very foundation of secular power. In what follows, I elaborate my thesis, how it differs from other, similar sounding arguments, and the shift in perspective on secularism that it entails. I begin with a famous Egyptian apostasy case.
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11

Yilmaz, Hakan. "Islam, Sovereignty, and Democracy: A Turkish View." Middle East Journal 61, no. 3 (July 1, 2007): 477–93. http://dx.doi.org/10.3751/61.3.15.

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Анотація:
In this article, some conceptual and empirical relations between Islam, sovereignty, and democracy will be examined, with comparisons to Christianity. In the first part of the article, the historical conditions of the formation of the dualist (Christianity) and monist (Islam) political theories of the two religions will be examined. This will be followed by a conceptualization of the beginning and end of their respective “middle ages.” It will be argued that the end of the Islamic middle ages was marked, in some Islamic countries, by the following phenomena: the building of a secular state apparatus; the replacement of "religion" by “nation” as the basis of the sovereignty of the new state; the deportation of Islam from the state to society; and the re-birth of Islam in the hands of the social actors as a political ideology aiming at re-capturing the state it had lost. In the final sections, the problematic relationship between secularization and democratization in the Islamic world will be examined, and the experiments with secularization in the Islamic world will be compared with those of France. It will be observed that what made secularization and democracy compatible in France was a combination of historical factors (the existence of the Church that controlled the social manifestations of religion; the state's success in nation-building; the efficiency of the secular judicial system; and the state's satisfactory performance in the area of socioeconomic development), which were largely absent in the Islamic contexts, with the possible exception of Turkey.
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12

Aparecida, Ferrari Maria. "Per una comprensione non ideologica della laicitŕ." SOCIOLOGIA E POLITICHE SOCIALI, no. 2 (July 2009): 71–95. http://dx.doi.org/10.3280/sp2009-002006.

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- The aim of this essay is to argue a new thesis about the conception of the rightful autonomy of the political or civil sphere from that of religion and the Church. On the one hand, the relations between politics and religion are decided following the principle of autonomy, understood as a theoretical and practical affirmation of the autonomy of both spheres; autonomy supported by reciprocal collaboration in the service of the person. The secular State is a State of reason, grounded on rights and duties and on relations that do not oppose to religion, recognised as one of the multiple reality that constitute the public sphere. On the other hand, it is important to discern two different propositions of autonomy in the modern context. The first is marked with a hostile openness towards religion and a second, which is attentive to dialogue with it. The reason for this dichotomy has been caused by misunderstanding democratic reality, which are possible to solve with a double discernment: in what sense are all the people the foundation of political sovereignty? And which is the democratic value of ethic pluralism? Popular sovereignty becomes real when there is an effective respect of the inviolable nature of a several goods of the human person, beyond the different interests of the State or of the majority. Pluralism, when it is severed from the ethic of indifference and it is not relegated to private life, is another barrier in the face of the ambition of the State.Keywords: laicality, laicism, democracy, sovereignty, pluralism
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13

Siburian, Erni Eriza, and Arie Afriansyah. "SPORT DIPLOMACY AND STATE SOVEREIGNTY: CASE STUDY ON INDONESIA’S EFFORT TO GUARD THE SOVEREIGNTY OF PAPUA." Yustisia Jurnal Hukum 7, no. 1 (April 30, 2018): 54. http://dx.doi.org/10.20961/yustisia.v0i0.19696.

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<p><em>Various efforts are made by Indonesia to maintain sovereignty over Papua. One of the efforts taken by the Government of Indonesia is to conduct sports diplomacy through sports cooperation with Melanesian Searhead Group (MSG) member countries. MSG is one of the most intense international organizations to raise the issue of independent Papua.</em><em>Through descriptive research with normative juridical approach, the authors examine the rules / legal principles relating to how the role of sports diplomacy as a public diplomacy strategy in maintaining the sovereignty of the state: a case study of Indonesia's efforts in maintaining sovereignty in Papua. Based on this, the researchers concluded that sports diplomacy is an important and effective diplomacy tool in maintaining the sovereignty of the state and can create good image of a country where sports can be used as a tool to show togetherness and bring people closer from different background without being associated with differences in race, skin color, religion, or characteristics.</em></p>
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14

Sarip, Sarip. "Peran Teori Keadulatan Tuhan pada Perang Kediri dan Tumapel pada Pembentukan Hukum di Indonesia." Kosmik Hukum 20, no. 2 (July 22, 2020): 128. http://dx.doi.org/10.30595/kosmikhukum.v20i2.7477.

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The sovereignty of God in the state administration of the Kingdom of Indonesia can be seen from the words of Ken Arok attacking the kingdom of Kediri, "O Pastors who adhere to Shiva and Buddhism. Please bless me to have the title Bhatara Guru ”. The study of God's sovereignty can be clearly seen from the history of Ken Arok, who was the king of Tumapel, who succeeded in using God's sovereignty to gain power over Kediri. So the question is the extent to which the existence of the struggle for God's sovereignty in Indonesia which underlies divine values. Ken Arok as the ruler of Tumapel who is a subordinate of Kediri has committed an offense of royal state order. What was done by Ken Arok in terms of International Law as "belligerent". Ken Arok's movement to gain power by committing offenses on the state administration of the kingdom, legalized by the laws of the royal state at that time, as well as international law today. In addition to evidence of the theory of God's sovereignty which was applied by Ken Arok to strengthen his power, in modern times too, the theory of God's sovereignty was practiced by Soekarno during the Old Order. As proof of the theory of God's Sovereignty during the Soekarno era came from the minister of religion of the Republic of Indonesia who at that time was held by Wahid Hasyim, who considered it important to build a magnificent mosque as gratitude for Indonesia's independence in the struggle against the invaders.Keywords: sovereignty, God, struggle, kingdom
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15

Savushkin, S. "Legislative aspects of interaction between the state and religious organizations." Voprosy kul'turologii (Issues of Cultural Studies), no. 2 (February 1, 2020): 67–72. http://dx.doi.org/10.33920/nik-01-2002-07.

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In this paper we write about the relationship of religious and moral traditions and the state regulatory apparatus. The significant place of religion in the Constitution and legislative acts of Russia and other countries is emphasized. The work deals with some aspects of the Federal law "On freedom of conscience and religion" and the danger of missionary expansion from the outside. Religion is not only a part of the spiritual life of the country, a source of ethical norms, but also a serious political factor. Through non-cultural religious groups, the country may weaken and lose its state sovereignty. In Russia, statehood was formed on the basis of the traditions of the Orthodox Church, so the opportunities in the development of the Russian state largely depend on its well-being. Qualitative and balanced stateconfessional relations are the basis of Russia's spiritual security.
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16

Mirilovic, Nikola, and David S. Siroky. "Two States in the Holy Land?: International Recognition and the Israeli-Palestinian Conflict." Politics and Religion 8, no. 2 (April 8, 2015): 263–85. http://dx.doi.org/10.1017/s1755048315000164.

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Анотація:
AbstractHow do states decide to extend or withhold international recognition in cases of contested sovereignty? We focus on how religion shapes the incentives of states in making this decision, both at the domestic level through religious institutions and at the international level through religious affinities. States with transnational religious ties to the contested territory are more likely to extend recognition. At the domestic level, states that heavily regulate religion are less likely to extend international recognition. We test these conjectures, and examine others in the literature, with two new data sets on the international recognition of both Palestine and Israel and voting on the United Nations resolution to admit Palestine as a non-member state observer, combined with global data on religious regulation and religious affinities. In cases of contested sovereignty, the results provide support for these two mechanisms through which religion shapes foreign policy decisions about international recognition.
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17

Reeh, Niels. "Towards a New Approach to Secularization: Religion, Education and the State in Denmark, 1721—1900." Social Compass 56, no. 2 (May 27, 2009): 179–88. http://dx.doi.org/10.1177/0037768609103352.

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Анотація:
The author attempts to develop a new approach to the process of secularization. It is argued that the existing theories of secularization have failed to pay sufficient attention to the state. Here, the state is regarded as an actor with interests among which the maintenance of sovereignty vis-à-vis other states is vital. The author has analysed Danish state policies with regard to the teaching of religion in elementary schools from 1700 onwards. The founding of schools in the early 18th century was crucial to the establishment of the “Sacred Canopy”, since schools were almost exclusively devoted to the teaching of religion. These schools had a primarily military purpose. From the 18th century onwards the teaching of religion in Denmark changed according to the external relations of the state and state bodies, i.e. on the primary or vital interests of the state.
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18

Pabst, Adrian. "UNHOLY WAR AND JUST PEACE: RELIGIOUS ALTERNATIVES TO SECULAR WARFARE." SECULARISM VERSUS RELIGION 3, no. 2 (December 1, 2009): 209–32. http://dx.doi.org/10.54561/prj0302209p.

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This essay argues that contemporary warfare seems to be religious but is in fact secular in nature and as such calls forth religious alternatives. The violence unleashed by Islamic terrorism and the ‘global war on terror’ is secular in this sense that it is unmediated and removes any universal ethical limits from conflicts: unrestrained violence is either a divine injunction which is blindly and fideistically believed, or it is waged in the name of the supremely sovereign state which deploys war to uphold the constitutional order guaranteeing an exclusive state monopoly on the use of arbitrary physical force. The first part compares and contrasts two false universalisms, that of global market democracy and a revivified pan-Islamic Ummah. The second part explores the classical and modern origins of Islamic terrorism. The third part examines the perverted theology at the heart of the neo-conservative ‘global war on terror’. The fourth part analyses the permanent ‘state of exception’ which underpins the modern state and licenses unrestricted violence by the sovereign who stands outside and above the constitutional order of legality and legitimacy. The fifth and final part outlines religious alternatives to secular warfare, with specific reference to Islam and Christianity.
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19

Clayer, Nathalie. "The Local Spaces of Statebuilding: The Case of Albania (1920–1939)." Annales (English ed.) 69, no. 02 (June 2014): 287–310. http://dx.doi.org/10.1017/s2398568200000777.

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Анотація:
Abstract Drawing on studies that envisage the local as a site where nation-state building and the affirmation of sovereignty are produced rather than simply reproduced, this article proposes to shift the focus to the local level. By exploring the case of school policies in interwar Albania, at the very heart of the assertion of the new state’s sovereignty, it studies the control of local space as the locus of these processes. More specifically, it focuses on the power relations surrounding the role of religion in school space, state appropriation of school buildings structuring religious spaces, and the effect of the inscription of actors involved in these negotiations—be they agents of these policies or not—into social spaces.
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20

Nabil, Nabil. "Pendidikan Negara Dari Marx ke Stalin Studi Pendekakatan Kritis-filosofis dan heuristika." Almarhalah | Jurnal Pendidikan Islam 1, no. 1 (May 8, 2017): 49–68. http://dx.doi.org/10.38153/alm.v1i1.4.

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in this century, many people spontaneously label themselves to defend the State because there is an extreme ideology to divide the State in the name of religion, even the events of 1965 returned to the surface as if the State had to apologize for the atrocities and massacres after 1965. Basically, the State was something newly formed from individuals and then groups that have systems, institutions, bureaucracy and usually have sovereignty, both in and out. But in the end it will become absurd when the State is placed above our heads.The state as an independent institution and has political sovereignty, but as an instrument of oppression and administration that can be used for various purposes by the social classes that control its power. Engels saw the instrumentalist view when he saw that State power was always in the hands of a certain social class - the middle class - who used that power in the interests of maintaining economic and political dominance over other social classes.
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21

De Graaf, Beatrice, and George Harinck. "Een probleem van orde. Religie op de nationale veiligheidsagenda, drie voorbeelden van 1813 tot heden." Religie & Samenleving 7, no. 2 (September 1, 2012): 141–65. http://dx.doi.org/10.54195/rs.12966.

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This paper highlights the relation between church/religion and the modern nation state from a security perspective. Rather than sticking to metaphors or models that frame this relation in dichotomous ways and advocate a stricter division of state and religion, we argue that it is much more helpful to use Foucault’s concept of governmentality to unpack the ways in which the two are interrelated. The notion of governmentalization, e.g. the rationalisation of governmental practice in the exercise of political sovereignty, enables us to identify the underlying values and norms in the framing of certain topics as security threat. By presenting three examples of the securitization of religion throughout the 19th, 20th and 21st century, we will demonstrate that church and religion are crucial markers in the process of centralization. Tendencies of governmental centralization, either propelled by external security threats or by internal state building processes, often went hand in glove with the framing of religious minorities as a problem of public order and/ or security.
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22

Zarka, Yves Charles. "La grande fracture de la politique moderne sur le pouvoir: Hobbes et la raison d’Etat." Rivista Italiana di Filosofia Politica, no. 1 (December 3, 2021): 55–67. http://dx.doi.org/10.36253/rifp-1436.

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Modern political thought is crossed by a fundamental divide. This divide opposes the theorists of sovereignty since Bodin, on one side, and the current of conceptions about the reason of state since Botero, on the other. The two currents were born practically at the same time, in the last quarter of the sixteenth century. On the side of the thinkers on sovereignty, it is a question of thinking about political autonomy in relation to all other orders of society (religion, economy, various legal bodies, police, public order, etc.). Here the principal question concerns the formation and exercise of political will and its relation to the citizens. On the side of the thinkers on the reason of state, it is no longer political autonomy which is at the centre of reflection, but the relationship between politics and religion. On the other side, the political problem is centred on the question of the preservation of the state (more than the conditions of its acquisition or its growth) and the rules of government practice likely to lead to it. These are not only different but divergent visions of politics and the exercise of power, the implications of which are felt even in contemporary democracies.
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23

Govind, Rahul. "Sovereignty, Religion and Law in the British Empire: Raja Rammohan Roy’s Public Hermeneutics in His Times." Studies in History 35, no. 2 (August 2019): 218–49. http://dx.doi.org/10.1177/0257643019864299.

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Raja Rammohan Roy has been called various things, from the first Indian liberal and a ‘maker of modern India’ to one who could bring about little more than a caricature of promised transformation. That Roy saw himself as a subject of the English King is much less analysed. The following essay takes this self-perception of Roy as a ‘British subject’ as a clue to develop a twofold problematic on the nature of religion and law in Roy’s lifetime, that is, between the late eighteenth and early nineteenth century. (a) We emphasize the importance of the King of England, and the importance of Kingship in which religion and law cannot be disentangled. This is established through an examination of the institutional arrangements in relationship to Kingship in the British Isles and the subcontinent, a study of S. T. Coleridge’s On the Constitution of the Church and State (London: Hurst, Chance and Co., 1830) and John Austin’s Province of Jurisprudence Determined (Delhi: Universal Publishers, 2012), amongst lesser known texts. (b) From an investigation into this religio-political constitution, we will explore the other dimensions opened up in Roy’s self-perception as a subject, that is, the relationship between religion, law and public reason in colonial India. By Roy’s ‘public hermeneutics’, we mean his arguing in the public medium of print as much as for a public (the colonial state and the reading public). But we also mean his use of reason in a sustained fashion so as to critique social and legal conditions. His arguments in structural and substantive terms, as we show, allow one to re-think the relationship between religion, law and universality.
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24

Choudhury, Rishad. "Wahhabis without Religion; or, A Genealogy of Jihadis in Colonial Law, 1818 to 1857." Comparative Studies of South Asia, Africa and the Middle East 42, no. 2 (August 1, 2022): 404–19. http://dx.doi.org/10.1215/1089201x-9987892.

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Abstract This article offers a new interpretation of the “Indian Wahhabi” beyond an ostensibly religious identity. Examining encounters between a centralizing state and decentralized circulatory regimes, the study thus illuminates an overlooked sociolegal genealogy of the jihadi militant in colonial India. From 1818, the East India Company secured its sovereignty by designating as deviant or permissible a host of itinerant figures in and around South Asia. In police records, court transcripts, and legislative archives, pilgrims with links to Arabia accordingly began appearing as suspected Wahhabis. Yet, in then seeking to distinguish “faqirs” from “fanatics,” colonial law used logics and exceptions with two important implications. First, as the “Wahhabi” came to imply a violent counterclaim to sovereignty, it also became a juridical formulation more political than religious. The faqir pilgrim here supplied the conceit of religion. Second, the complex question of jihad produced a deeper paradox, as grappling with a “religious” problem without “religion” stretched secular jurisprudence to breaking points. Until 1857, around South Asia, states of emergency hence dominated official responses to Wahhabis. Ultimately, colonial law's gestures not only rendered unexceptional its regimes of exception. Ironically, they also reified religion, such that Islam and violence became culturally consubstantial in colonial thought.
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25

Gomes dos Santos, Micael Fernandes, and Michely Vargas Delpupo Romanello. "Law, State and Religious Freedom in Brazil: A Historical and Constitutional Analysis of Freedom of Belief and Religion." ATHENS JOURNAL OF LAW 7, no. 4 (September 30, 2021): 541–62. http://dx.doi.org/10.30958/ajl.7-4-6.

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This research sees to discuss the position of the State regarding Freedom of Belief, under the legal perspective. In other words, as the Brazilian Constitution guarantees freedom and the free exercise of religion in its art. 5, item VI, the question is: May the Brazilian State interfere with the freedom of individual belief, or can it provide legal guarantees so that this freedom is ensured? By the deductive method and by the analysis of recent judgments of the Brazilian Federal Supreme Court in cases of extraordinary appeals, the limits of the State of action or inaction in relation to religious freedom will be upheld, concluding that the State must always ensure the sovereignty of secularity and neutrality in religious matters, observing freedom of belief. Keywords: Religious freedom; Brazilian State; Law
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26

Nichols, Robert. "The Pashtun Borderlands: Development, Nation, and Agency 1947–55." Afghanistan 4, no. 2 (October 2021): 114–41. http://dx.doi.org/10.3366/afg.2021.0075.

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Histories of Afghanistan, Pakistan, and the North-West Frontier summarize the borderland events of 1947 and the next years as concerned with several enduring issues. The nation-states of Afghanistan and Pakistan became rivals. Each projected different, contested claims to sovereignty over border territories and populations. The Afghan government, especially Sardar Muhammad Daud, used the Pakhtunistan issue to consolidate an Afghan national identity, attract borderland Pashtuns, and extract advantages from an economically weak, politically vulnerable Pakistan. Within the tribal agencies, the government of Pakistan at first withdrew regular military units from forward bases, nominally to exhibit nation-building unity in a new country for Muslims. 1 In both countries, economic development and political integration were policy goals intended to build human capital and legitimate the nation-state, but also to maintain established internal hierarchies of authority and power. 2 By 1955 despite such efforts, borderland residents continued to negotiate relationships with state officials now recruiting signatures on documents of national loyalty. 3
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27

Lee, Daniel. "Private Law Models for Public Law Concepts: The Roman Law Theory of Dominium in the Monarchomach Doctrine of Popular Sovereignty." Review of Politics 70, no. 3 (2008): 370–99. http://dx.doi.org/10.1017/s0034670508000557.

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AbstractThe essay traces the juridical origins of the modern doctrine of popular sovereignty as developed by the monarchomach jurists of the late sixteenth century. Particularly, the use of doctrines from the Roman law of property explains the sovereign right of the people to resist and reconstitute the commonwealth. Reviving the civilian concept of dominium during the French Wars of Religion and dynastic royal politics, these radical jurists articulated the claim that the people, not kings, have property rights over the commonwealth. By conceptualizing the people corporately as property-owners in this way, they were able to draw on legal arguments from Roman law to justify popular resistance as an assertion of a corporate property right. In doing so, the monarchomachs expressed an elaborate theory of state and sovereignty within the grammar of the Roman private law.
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28

Jadallah, Dina. "Colonialist Construction in the Urban Space of Jerusalem." Middle East Journal 68, no. 1 (January 15, 2014): 77–98. http://dx.doi.org/10.3751/68.1.14.

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This article examines the matrix of Israel's urban interventions using territorial and demographic engineering to transform Jerusalem into a closer approximation of Zionist ideological conceptualization. It argues that the state deploys archaeological, cultural, sociopolitical, territorial, and urban design instruments to deconstruct or re-narrate the other histories and characteristics of the city in order to preempt alternative sovereignties. The asymmetrical power of the Israeli state is constantly challenged in urban spaces and quotidian practices by Palestinians who hold competing discourses. Palestinians contest Israel's conceptualization through discourses that do not ascribe to the state project, emphasizing that identity is not exclusive to one ethnicity or religion, while working to sustain and strengthen an alternative sovereignty.
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29

Sukri, Mhd Alfahjri. "Negara Ideal dalam Pemikiran Fundamentalis Islam." Politea 4, no. 1 (April 30, 2021): 1. http://dx.doi.org/10.21043/politea.v4i1.9948.

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<p class="MsoNormal" style="margin-bottom: 0cm; text-align: justify; line-height: normal;"><em><span style="font-size: 12.0pt; font-family: 'Times New Roman',serif; mso-bidi-font-weight: bold;" lang="EN-US">This research aims to explain the problem of Islamic fundamentalism and analyze the thoughts of Islamic fundamentalist figures, namely Abul A'la Al-Maududi, Hasan Al-Banna, and Taqiyuddin An-Nabhani about the ideal state. Qualitative methods are used in this research with data obtained through books, journals, scientific articles, and other related sources. The results showed that the ideal country according to the thoughts of Abul A'la Al-Maududi, Hasan Al-Banna, and Taqiyuddin An-Nabhani is a country based on Islam. These figures made Rasulullah when he founded the state of Medina until the time of Khulafaur Rasyidin as the reference for the ideal state. Because for them, at that time Islam was used as the main reference and foundation of life and could solve all problems, including problems in living as a state. These figures also reject the separation between religion and state (secularism), and agree to make sovereignty in God's hands. According to them, religion has an important role in the state. In addition, they also placed Ahlul Halli wal Aqdi as an important part of an Islamic state.</span></em></p><p class="MsoNormal" style="margin-bottom: 0cm; text-align: justify; line-height: normal;"><em><span style="font-size: 12.0pt; font-family: 'Times New Roman',serif; mso-bidi-font-weight: bold;" lang="EN-US">This research aims to explain the problem of Islamic fundamentalism and analyze the thoughts of Islamic fundamentalist figures, namely Abul A'la Al-Maududi, Hasan Al-Banna, and Taqiyuddin An-Nabhani about the ideal state. Qualitative methods are used in this research with data obtained through books, journals, scientific articles, and other related sources. The results showed that the ideal country according to the thoughts of Abul A'la Al-Maududi, Hasan Al-Banna, and Taqiyuddin An-Nabhani is a country based on Islam. These figures made Rasulullah when he founded the state of Medina until the time of Khulafaur Rasyidin as the reference for the ideal state. Because for them, at that time Islam was used as the main reference and foundation of life and could solve all problems, including problems in living as a state. These figures also reject the separation between religion and state (secularism), and agree to make sovereignty in God's hands. According to them, religion has an important role in the state. In addition, they also placed Ahlul Halli wal Aqdi <span style="mso-spacerun: yes;"> </span>as an important part of an Islamic state.</span></em></p>
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30

DAS ACEVEDO, DEEPA. "Divine Sovereignty, Indian Property Law, and the Dispute over the Padmanabhaswamy Temple." Modern Asian Studies 50, no. 3 (July 2, 2015): 841–65. http://dx.doi.org/10.1017/s0026749x14000535.

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AbstractSecular governance in India was meant to have incorporated religion within public life, but the implementation of ‘Indian secularism’ has in important ways been premised on separating religious and secular lifeworlds. Public Hindu temples, whose assets and operations are managed by a melange of statutory bodies, courts, and state governments, exemplify this puzzling situation. The 2011 discovery of treasures within the Padmanabhaswamy temple in Trivandrum, Kerala, prompted extended public debate about the ownership of temple assets as well as litigation that eventually reached the Supreme Court of India. Indian citizens, erstwhile princely rulers, and the deity of the temple were variously presented as the true owners of the wealth. Ultimately, both public discourse and judicial opinion largely reaffirmed the notion that religious institutions are to be treated as private, contractually defined properties, and that temple wealth, as specifically religious property, exists outside of market circulations.
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31

ASSAYAG, JACKIE. "Spectral Secularism: Religion, Politics and Democracy in India." European Journal of Sociology 44, no. 3 (December 2003): 325–56. http://dx.doi.org/10.1017/s0003975603001310.

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Everyone invokes secularism in India. So the spectrum of secularism is very large. However, it is rather the spectral ideas of “majority” (hindus) and “minorities” (Muslims, Christians) conceived in demographic (rather than political) terms which characterizes the discussion of this question. The insistence of Hindu nationalists on emphasizing that they are the majority tend to blur the difference between Hindu identity and Indian identity, coextensive with the territory of India. This concept, moreover, serves them in their legitimating of the democratic system insofar as the arithmetical rule is a first principle of this political regime. In the name of a secularism founded on the idea of the greater number (and also the supposed ideal of immemorial Hindu tolerance) India must be governed in accordance with demographic fact defined in religious terms. One of the paradoxical consequence of this “majoritarianism” is the development of “majority minority complex” of the Hindus and the increasing hate and violence (against Muslims and Christians). Today, the Hindu nationalism programme effectively dominates public debate. Its partisans has succeeded in discriminating between “friends” and “foes”, those inside and those outside, those whom one holds dear and those whom one pillories on the basis of a real or imaginary menace weighing upon autochthony, culture, religion and race, and the national (state) sovereignty.
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32

Oraby, Mona, and Winnifred Fallers Sullivan. "Law and Religion: Reimagining the Entanglement of Two Universals." Annual Review of Law and Social Science 16, no. 1 (October 13, 2020): 257–76. http://dx.doi.org/10.1146/annurev-lawsocsci-020520-022638.

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In the last few decades, the study of law and religion has undergone considerable reconstruction. Less and less constrained by modern statist construals of rights talk or tied to confessional contexts, the comparative study of the intersection of law and religion by anthropologists, historians, sociologists, and religious studies scholars is undergoing a real renaissance. Exciting new work explores the entanglement of legal and religious ideas, institutions, and material objects across the entire space and time of human history. This article models an engagement between the academic study of religion and sociolegal scholarship by introducing scholars in both fields to contemporary debates in the study of law and religion. These debates examine how and when state law persists as a meaningful arena of contestation; the role of indigenous elites and arrangements of legal pluralism in colonial contexts; and new approaches to economy, race, and sovereignty and citizenship. By mobilizing an understanding of law that does not take for granted the state's alleged monopoly on generating and regulating legal normativity, the article argues that holding law and religion in abeyance as normative traditions invites a far more expansive imaging of these universals in their singularity, in their copresence, and as overlapping domains.
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33

Sudjito, Sudjito, Hendro Muhaimin, and Agung Saras Sri Widodo. "PANCASILA AND RADICALISM: PANCASILA ENCULTURATION STRATEGIES AS RADICAL MOVEMENT PREVENTIONS." Jurnal Dinamika Hukum 18, no. 1 (January 31, 2018): 69. http://dx.doi.org/10.20884/1.jdh.2018.18.1.1686.

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Indonesia has defined Pancasila as nation’s ideology which taught people to live with tolerance. Most Indonesian people embraced Islam and some sects such as salafi, wahabi, jama’ah tabligh, ikhwanul muslimin, and hizbut tahrir which offer alternative for Muslim to know and understand in practising Islamic values individually, group or country (Daulah Isamiyah). The emergence of those various teachings organizations become Islam dynamic. Religion (Islam)-based Radicalism movement is deemed to contradict the state ideology, Pancasila. This article tries to examine organizations or Islamic movement which should be tolerable, respect (lakum dinukum waliyadin), and keep the sovereignty of state. Thus, any Islamic movements that are not based on those principles are convinced that they do not come from Indonesian which is identical with local wisdom and plurality. Keywords: ideology, Pancasila, radicalism, Islam, terrorism
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34

Lewis, E. D. "Ritual and reflexes of lost sovereignty in Sikka, a regency of Flores in eastern Indonesia." Bijdragen tot de taal-, land- en volkenkunde / Journal of the Humanities and Social Sciences of Southeast Asia 162, no. 2 (2008): 306–35. http://dx.doi.org/10.1163/22134379-90003669.

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In 1993 some among the Sikkanese population of the town of Maumere on the north coast of Flores in eastern Indonesia attended a ritual to reconcile the members of two branches of the family of the rajas of Sikka, a dynasty that had once ruled the district. The two branches had fallen out over differences in opinion about the last succession to the office of raja a few years before the end of the rajadom in the late 1950s. A description of the ritual, which was conducted in an urban rather than a village setting, and an analysis of the performance demonstrate much about the persistence of elements of the old Sikkanese religion in modern Sikkanese society. The contemporary Sikkanese are Christians and the regency of Sikka is part of the modern Indonesian nation-state.
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35

Schwartz, Daniel R. "On Triads, Teleology, and Tensions in Antiquities 18–20." Religions 11, no. 1 (January 12, 2020): 41. http://dx.doi.org/10.3390/rel11010041.

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Josephus liked to organize material in three-part structures, which imparted a sense of completion by indicating to readers that an end had been reached. This study focuses on Books 18–20 of Josephus’s Antiquities, which are organized as such a triad: Book 18 opens Roman rule in Judea and adumbrates the final clash and catastrophe, Book 19 creates some suspense by detailing two possible interruptions that could have changed the course of history but in the end came to nothing, and so Book 20 resumes the story from the end of Book 18 and takes it down to the destruction of Jerusalem. Moreover, all three books, together, form a unit in a larger triad: the story told, in the second half of Antiquities, of Judea’s move from sovereignty under the Hasmoneans (Books 12–14), to nominal sovereignty under Herod (Books 15–17), to subjugation to Rome (Books 18–20). This focus on political history is, however, contradicted in various ways, both by Josephus’s development from a Judean into a Jew of the Diaspora, who focused more on religion than on state, and by various sources used by Josephus, that pulled in other directions.
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36

L'Haridon, Béatrice. "WANG MANG 王莽 (c. 45 b.c.e.–23 c.e.) AND CLASSICAL LEARNING AS PATH TO SUPREME POWER". Early China 45 (вересень 2022): 51–72. http://dx.doi.org/10.1017/eac.2022.11.

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AbstractThis article inquires into the ideological circumstances behind Wang Mang's 王莽 seizure of power, to examine how he built legitimacy at every stage of his career, by establishing a political and symbolic continuum between the role of the minister and that of the sovereign, rather than suddenly wresting power from the Liu clan. His classical learning in general and his references to Zhougong 周公 in particular were fundamental to the success of the process, which took place in three important stages: first, the offering of a white pheasant to the court; second, the bestowal of “Nine Conferrals” 九錫, and third, the composition of “Wang Mang's declaration” 莽誥. However, although the Classics constituted common references for Wang Mang and the scholars supporting him, the Classics were also used by some opponents objecting to the concentration of power in the hands of Wang Mang.
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Teater, Kristina M. "U.S. Foreign Policy and the Defense of Religious Freedom in India." Religions 11, no. 3 (March 20, 2020): 143. http://dx.doi.org/10.3390/rel11030143.

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The defense of religious freedom around the world is a U.S. foreign policy initiative upheld by successive administrations since the passing of the 1998 International Religious Freedom Act (IRFA). Supported by various religious constituencies that advocate for the freedom of religion of like-minded individuals across borders, the U.S. government engages with foreign governments, human rights groups, and NGOs to preserve an individual’s right to freedom of religion or belief. Their results, however, are mixed, especially in diverse contexts where religious rights are deeply contested. This paper explores the advocacy effort in response to the Government of India’s crackdown on the inflow of foreign funds to NGOs, many of which are faith-based. Using the revocation of the Foreign Contribution Regulation Act (FCRA) license of faith-based NGO Compassion International as a case study, this paper finds that U.S. involvement in defense of religious freedom meets counter-narratives. These counter-narratives include the preservation of state sovereignty, the protection of national interest, and the privileging of religious tolerance over religious freedom.
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38

Susanto, Happy. "Democracy in Islam: comparative study of Muhammad Abid al-Jabiri and Abdolkarim Soroush’s thoughts." Indonesian Journal of Islam and Muslim Societies 1, no. 2 (December 1, 2011): 253. http://dx.doi.org/10.18326/ijims.v1i2.253-272.

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<p>Using analytic and interpretative approaches, this research compares al-Jabiri<br />and Soroush’s thoughts about democracy in Islam. To assess Islam’s compatibility<br />with democracy, this thesis will analyze the issues of authority, sharia, and<br />freedom according to the two scholars. Al-Jabiri and Soroush agree that the<br />concept of authority in Islam cannot be interpreted simply as God’s sovereignty,<br />but it also concerns human rights and sovereignty. A leader put justice as his/her<br />central concern in practicing policies for citizens. To pursue this hope, they also<br />propose that sharia should be reinterpreted in order to be harmonizing in accordance<br />changing circumstances and time. Al-Jabiri has different understanding<br />with Soroush about the relationship between religion and state. Al-Jabiri sees<br />that Muslims are free to choose democracy as their political life. He doesn’t<br />agree the integration of religion and state. In this case, he doesn’t agree the<br />implementation of sharia in the state. Meanwhile Soroush sees that religion has<br />an important role in the state, so that he agrees the implementation of sharia<br />because according to him it supports the political process of the state.</p><p>Muhammad Abid al-Jabiri dan Abdolkarim Soroush merupakan intelektual Muslim<br />yang memandang bahwa Islam kompatibel dengan demokrasi, dan keduanya<br />termasuk dalam kelompok moderat. Untuk menguji apakah Islam kompatibel<br />dengan demokrasi, artikel ini menganalisis isu-isu otoritas, syariah, dan kebebasan<br />menurut pandangan kedua tokoh tersebut. Kedua intelektual itu memiliki<br />pandangan filosofis yang sejalan tentang ide demokrasi dalam Islam. Misalnya,<br />konsep otoritas dalam Islam tidak saja dipahami sebagai bentuk kedaulatan Tuhan,<br />namun yang lebih penting bahwa konsep ini juga memerhatikan aspek hak dan<br />kedaulatan manusia. Syariah perlu direinterpretasi agar sesuai dengan konteks<br />perubahan zaman dan dapat mengarah pada pencapaian tujuannya. Perbedaan<br />keduanya terletak pada relasi agama-negara. Dalam hal ini, al-Jabiri memiliki<br />pandangan yang “liberal” bahwa konsep sebuah negara tidak perlu berdasarkan<br />identitas agama. Umat Islam diberikan kebebasan penuh untuk menjalankan<br />kehidupan politiknya, tanpa terbebani oleh rujukan teks-teks Islam yang masih<br />diperdebatkan. Dengan demikian, ia memandang bahwa penerapan syariah dalam<br />sebuah negara tidak perlu karena sesungguhnya syariah belum penah diterapkan<br />secara sempurna. Sedangkan Soroush berpandangan sebaliknya bahwa identitas<br />agama perlu ditambatkan ke dalam ide sebuah negara (demokrasi).</p>
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39

Efendi, Roni, Bambang Trisno, Refika Mastanora, Ratmiati Ratmiati, Agusrida Agusrida, and Raihanah Abdullah. "The Role of Civil Servant to Protect Indonesia from Terrorism." Alfuad: Jurnal Sosial Keagamaan 6, no. 2 (December 13, 2022): 75. http://dx.doi.org/10.31958/jsk.v6i2.5935.

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The State Civil Apparatus (ASN) is an occupation for civil servants and government employes with employment contracts who work for government agencies and play a very fundamental role in maintaining the unitary state of the Republic of Indonesia. ASN urgencies include the implementation of public policies, civil servants and the connected the nation must be able to act as organizers of government and developmental missions through the implementation of policies and professional public services. In fulfilling its function as a link and unification of the nation, ASN must strive to protect the integrity of the unitary state of the Republic of Indonesia from terrorism crimes that can break the sovereignty anchored in Bineka Tunggal Ika. Dirrect speak and written expressions of opinions on social media don’t contain elements of hate speech against to Pancasila, the Constitution, Bhineka Tunggal Ika, the Unified State of the Republic of Indonesia and the government. Don’t convey information that shows the nuances of hate speech against ethnicity, race, religion, and between groups. ASN doesn’t participate in activities that lead to insult, incitement, provocation or hatred of Pancasila, the Constitution, Bhineka Tunggal Ika, the Unified State of the Republic of Indonesia and the government.
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40

Ayoub, Samy A. "A Theory of a State? How Civil Law Ended Legal Pluralism in Modern Egypt." Journal of Law and Religion 37, no. 1 (January 2022): 133–52. http://dx.doi.org/10.1017/jlr.2021.79.

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AbstractʿAbd al-Razzāq al-Sanhūrī (d. 1971), the father of the Egyptian legal code, theorized a relationship between dīn (religion) and dawla (state) that was key to his project. In this relationship, al-Sanhūrī posited a delineation between the spheres of dīn and dawla that allowed him to map these categories onto the existing distinction between matters of ʿibādāt (acts of worship) and muʾāmalāt (transactions) in Islamic law (fiqh). I propose that Islamic jurisprudential distinctions between ʿibādāt and muʿāmalāt—for al-Sanhūrī—was the ideal medium to maintain and police the borderlines between religion and state in the postcolonial Egyptian state. Al-Sanhūrī's objective was to keep the domain of dīn outside of state sanction and to facilitate a transition whereby the state's legal institutions assumed exclusive lawmaking powers based on its own independent legal reasoning in Islamic law (ijtihād). I argue that al-Sanhūrī was a committed comparatist, not a reformer of Islamic law. Al-Sanhūrī's legal project should be viewed as a faithful commitment to French comparative law as a method of legal inquiry and a reflection of his nationalist agenda of creating a unified legal order that cannot exist without relying upon indigenous forms of law and culture. Al-Sanhūrī saw Khedival legal pluralism as an obstacle for national sovereignty. As a result of the institutional and legal readjustments from the 1920s through 1950s in Egypt, al-Sanhūrī did not see a future for Islamic law in the emerging legal state apparatus outside of civil law strictures and insisted that Islamic courts and religious tribunals for Jews and Christians must be subsumed under nationalized secular state courts.
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41

Ni, Zhange. "Xiuzhen (Immortality Cultivation) Fantasy: Science, Religion, and the Novels of Magic/Superstition in Contemporary China." Religions 11, no. 1 (January 2, 2020): 25. http://dx.doi.org/10.3390/rel11010025.

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In early twenty-first-century China, online fantasy is one of the most popular literary genres. This article studies a subgenre of Chinese fantasy named xiuzhen 修真 (immortality cultivation), which draws on Daoist alchemy in particular and Chinese religion and culture in general, especially that which was negatively labelled “superstitious” in the twentieth century, to tell exciting adventure stories. Xiuzhen fantasy is indebted to wuxia xiaoshuo 武俠小說 (martial arts novels), the first emergence of Chinese fantasy in the early twentieth century after the translation of the modern Western discourses of science, religion, and superstition. Although martial arts fiction was suppressed by the modernizing nation-state because it contained the unwanted elements of magic and supernaturalism, its reemergence in the late twentieth century paved the way for the rise of its successor, xiuzhen fantasy. As a type of magical arts fiction, xiuzhen reinvents Daoist alchemy and other “superstitious” practices to build a cultivation world which does not escape but engages with the dazzling reality of digital technology, neoliberal governance, and global capitalism. In this fantastic world, the divide of magic and science breaks down; religion, defined not by faith but embodied practice, serves as the organizing center of society, economy, and politics. Moreover, the subject of martial arts fiction that challenged the sovereignty of the nation-state has evolved into the neoliberal homo economicus and its non-/anti-capitalist alternatives. Reading four exemplary xiuzhen novels, Journeys into the Ephemeral (Piaomiao zhilv 飄渺之旅), The Buddha Belongs to the Dao (Foben shidao 佛本是道), Spirit Roaming (Shenyou 神遊), and Immortality Cultivation 40K (Xiuzhen siwannian 修真四萬年), this article argues that xiuzhen fantasy provides a platform on which the postsocialist generation seek to orient themselves in the labyrinth of contemporary capitalism by rethinking the modernist triad of religion, science, and superstition.
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42

KAMALI, MASOUD. "Civil society and Islam: a sociological perspective." European Journal of Sociology 42, no. 3 (December 2001): 457–82. http://dx.doi.org/10.1017/s0003975601001059.

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Recent political developments in Iran, Turkey, Egypt and Algeria, among others, suggest the possible emergence of an indigenous Islamic path of democratic formation. However, the conventional western interpretations, of religion, and in particular of Islam, leave little room for the recognition of the actual, complex development of such Islamic countries. Defining Islam and modernity as two more or less incompatible phenomena fails to recognize the potentialities of developing modern democratic Islamic societies with their cultural elements and particularities. Many Muslim countries themselves fail to see or are unwilling to recognize their own civil societies and their dynamic potentialities and to accept, in Locke's term, ‘the sovereignty of civil society’. Although the notion of a traditional civil society in the Islamic countries is controversial, I contend that neither individualism nor democratic institutions have been or are necessary for a civil society to exist. The basis of a civil society is the existence of influential civil groups and their institutions that can, through established mechanisms counterbalance state power. Analyzing civil society in Muslim countries requires that we recognize Islam not only as a religion, but also as a political theory and the major source of a legitimization of political power.
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43

Park, Man Jun. "Sino-tibetian Relationship in View of Religion State and Society: In a focus of National Sovereignty Disputes and Correlative Issues` Historical meaning." Journal of Modern China Studies 15, no. 2 (February 25, 2014): 77–116. http://dx.doi.org/10.35820/jmcs.15.2.3.

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44

Saiger, Aaron J. "Religious Consumers and Institutional Challenges to American Public Schools: Cases from Jewish Education." Journal of Law, Religion & State 1, no. 2 (2012): 180–214. http://dx.doi.org/10.1163/22124810-00102001.

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The paradigm of American K–12 education is shifting as the institution of local educational polities, each responsible for its own “common schools,” faces competition from programs of school choice. Although charter schools and related reforms are generally studied in terms of quality and equity, the rise of consumer sovereignty as an alternative to political sovereignty as an organizing principle for educational governance has much wider rami­fications. Paradigms of choice have already begun dramatically to alter religious education and its relationship to public schooling. Moreover, because these paradigms rely upon consumer preferences and the aggregation of those preferences by markets, the shape of religious activity in state-subsidized schools will be determined increasingly by consumers and producers – parents and schools – rather than by political actors. Government is likely to find its ability to limit and guide religion/school interactions substantially, and increas­ingly, constrained. In making this argument, this paper draws primarily upon examples from a small but instructive religious sector in American K–12 education, that of Jewish education. It discusses the direct deployment of the charter-school form to provide Jewish education. It then assesses ways in which shifts in the public framing of education from one of politics to one of markets has transformed public school politics in school districts dominated by Orthodox Jews.
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45

Karki, Aruna. "Refugees in Tribal Global Village in Habiburahman and Mohsin Hamid." Literary Studies 36, no. 1 (February 1, 2023): 168–80. http://dx.doi.org/10.3126/litstud.v36i1.52076.

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In Habiburahman’s historical novel First, They Erased Our Name: A Rohingya Speaks and Mohsin Hamid’s Exit West, a semi-historical novel with elements of magical realism, I argue that refugees’ dream of global village or cosmopolis is constantly frustrated or deferred in a tribally oriented roadblocks of borders due to the nation-state’s sovereignty and its routine use of the state of exception; yet, these refugees do not give up their hope of founding a global village of sorts through the political space. To rephrase my claim, in these novels, the nation-state’s sovereignty, which exclusively reserves the prerogative of the state of exception, biopolitically forces a certain section of its people into bare life, in Agamben’s sense, forcing the refugees to flee their homelands and suffer during and after their numerous border crossings, denuding the presence of tribalism within the global village. Yet, largely owing to the occasional reception of individual hospitality, these refugees are able to keep alive their hope of belonging to a community through seeking the political, a space where they can negotiate and renegotiate their rights. I argue that their persecution is due to Myanmar’s military government’s biopolitics in that it has reinscribed the nation on the basis of religion and Sino-Tibetan race (tribalism) and rendered stateless the Rohingya Muslim of Indo-Aryan race. Nearly the same could be said about Hamid’s protagonists, Nadia and Saeed, as they face a similarly tribalistic predicament in London, where the city is divided between the dark and light zones, occupied by migrants and nativists, again the state siding with the nativist. Despite facing state brutality or state’s abdication of its responsibility and the absence of right to have rights, these refugees keep alive the hope of global village, and they are able to persevere because they do occasionally receive hospitality from a few good Samaritans; therefore, there remains some glimmering hope of cosmopolis or global village in an excessively tribalistic world they are forced to live, and it is this hope provides them energy to fight for their rights.
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46

Nuruddin, Nuruddin. "KETERLIBATAN WARGA NEGARA (CIVIC ENGAGEMENT) DALAM NEGARA DEMOKRASI (IMPLEMENTASI DEMOKRASI PANCASILA DI INDONESIA)." Al-IHKAM: Jurnal Hukum Keluarga Jurusan Ahwal al-Syakhshiyyah Fakultas Syariah IAIN Mataram 13, no. 1 (June 29, 2021): 21–40. http://dx.doi.org/10.20414/alihkam.v13i1.3986.

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This study aims to explore in-depth the involvement of citizens in terms of the rights and obligations of citizens constitutionally, as stated in the 1945 Constitution after the amendment. Indonesia is a democratic country, where the highest sovereignty and power rests with the people. This is in accordance with the nature of democracy is a government of the people, by the people, and for the people. Then the state guarantees and provides legal protection to every citizen in implementing their rights and obligations with the principle of equality before the law. As a democratic country, on that basis, the involvement of citizens becomes individual and social awareness in carrying out their participation for the sustainability and continuity of national development in the future based on Pancasila and the 1945 Constitution. The writing of this article is supported by literature studies and national and international research journals that are relevant. The final conclusion is that the forms of citizen involvement include the fields of politics, government, education and science, and technology, social welfare, state defense, religion, and socio-culture. The form of citizen participation above will create conditions for a more advanced nation in the future.
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47

Ezewudo, Ugochukwu Obumneme, Ikeagwuchi Ikechukwua Ukwuoma, and Favour Chukwuemeka Uroko. "BEYOND RELIGION AND ETHNICITY: Sit-At-Home and Freedom Agitations among the IGBO in South-Eastern Nigeria." MAHABBAH: Journal of Religion and Education 3, no. 2 (October 16, 2022): 165–85. http://dx.doi.org/10.47135/mahabbah.v3i2.52.

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The concept of "sit-at-home" is a recent term used by freedom agitators, particularly of Igbo extraction, to get the attention of the Nigerian government to grant sovereignty to the Indigenous people of Biafra. It is also a concept that challenges the authority of the government while asking it to end marginalisation and to release the leader of IPOB, Nnamdi Kanu, who was arrested and is presently in the custody of the Department of State Services (DSS). Sit-at-Home, particularly in Anambra, Enugu, Imo, Abia, and Ebonyi (South-Eastern states of Nigeria), has been given socio-political interpretation. Generally, politics is supposed to be the machinery for resolving conflict and governing the people sincerely. Unfortunately, it has become an agent of disunity in the Nigerian state. This has led to several agitations in the past, but they are more vocal in present times. The agitations for freedom have often triggered violence and conflict between the government and the freedom agitators, given room for the marginalisation of certain regions, and consequently proved Nigeria's government's inability to decide on behalf of the governed. The methodology used in the study is a qualitative phenomenological method. The study examines the challenges and implications of the concept for the socio-economic, socio-political, socio-cultural, and socio-religious lives of the people of southeastern Nigeria. The paper observes that this face-off could be resolved if the needs of the Igbo were critically examined and attained. The paper calls on the government to organise a dialogue and a referendum in order to end the menace in the South-Eastern region.
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48

A'la, Abd, Muktafi Muktafi, Abu Bakar, Mukhammad Zamzami, and Ahmad Fathan Aniq. "Islamism Denounced: Madura Kiais’ Perspective of Nationalism." Karsa: Journal of Social and Islamic Culture 29, no. 2 (December 27, 2020): 134–60. http://dx.doi.org/10.19105/karsa.v29i2.4876.

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The transmission of Islamism among the kiais and their students in Madura has become more critical to examine in the last decade. However, some kiais of Nahdlatul Ulama (NU) in Bangkalan Madura see that Islamism or political Islam will gradually erode their national commitment. This article intends to reinterpret the nationalism vision of several kiais of NU and measure the extent of their views on the ideology of Islamism discoursed by the Islamic Defenders Front (FPI). By interviewing several kiais, this study finds that the propagation of Islamism in Bangkalan has not been as massive as occurred in Pamekasan, another sub-districts in Madura. The FPI-style Islamism in Bangkalan has been propagated only by a small group though they are vigorously active on social media. The majority of the NU community remains devoted to nationalism, committing that the NKRI is the final state. Islamic moderation promulgated by the kiais has been widely accepted and deeply rooted among the NU community. They believe nationalism and religion should not be separated from the spirit of their struggle (khittah). These two elements have united within their fighting spirit and become the primary trigger in devoting themselves to the nation and state to preserve national sovereignty and the integrity of Indonesia.
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49

SHKHAGAPSOEV, ZAURBI, and RUSLAN KARDANOV. "THE PROBLEM OF SEPARATISM IN THE RUSSIAN FEDERATION (BY THE EXAMPLE OF THE REGIONS OF THE NORTH CAUCASUS)." Sociopolitical Sciences 12, no. 3 (June 28, 2022): 82–85. http://dx.doi.org/10.33693/2223-0092-2022-12-3-82-85.

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Separatism is aimed at undermining the sovereignty and territorial integrity of the state. Separatist ideas are especially pronounced in the border areas. Geographic characteristics, the degree of economic development, the demographic picture of the regions and a number of other factors determine the uniqueness of each of the constituent entities of the Russian Federation. As an example, the authors consider the North Caucasus, which, by its characteristics and level of regional development, is one of the most problematic regions in terms of the development of ideas of extremism, terrorism and separatism. The ethno-confessional factor is one of the key reasons for the emergence of pockets of separatism in the regions of the North Caucasus Federal District, since in the conditions of a poly-religious and multi-ethnic society, any potentially significant conflict that had nothing to do with religion or national issues can develop into an ethno-confessional problem. The author comes to the conclusion that ethno-confessional conflicts in the conditions of the North Caucasus can quickly become the reason for the intensification of the development of separatist ideas.
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50

Siuciak, Mirosława. "Polski dyskurs patriotyczny w prasie i w pismach okolicznościowych z 2. połowy XVIII wieku." Poznańskie Studia Polonistyczne. Seria Językoznawcza 23, no. 1 (August 2, 2016): 81–93. http://dx.doi.org/10.14746/pspsj.2016.23.1.6.

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The article examines the process of shaping of the Polish patriotic discourse, which was determined by such events of the 18th century as the Bar Confederation, the Great Sejm proceedings, and the Kościuszko Uprising. In a situation in which Poland was threatened with the invasion of surrounding world powers and in the face of impending armed struggle for sovereignty, the then most important values uniting the Polish nation were formulated. The first entity to define them were the Bar confederates, who fought against the Russian army in defence of their fatherland, religion, freedom, and independence. In the 1790s the patriotic discourse shifted to the press covering the proceedings of the Great Sejm, and later to newspaper coverage of the Kościuszko Uprising. During these events, the freedom demands were altered because the conservative Sarmatian republicanism had been replaced with ‚new’ republicanism – characterised by social radicalism and supporting the separation of church and state. Despite some semantic shifts, for more than 200 years the most significant values constituting the Polish patriotic discourse have been: fatherland, freedom, and independence.
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