Caio Victor Nascimento Santos, Camilla Montanha de Lima, Joanna Caroline Queiroz
Este artigo tem como objetivo examinar as possibilidades de aplicação da teoria do Transconstitucionalismo, que busca analisar as interações entre diferentes ordenamentos jurídicos, especialmente entre o ordenamento do Sistema Interamericano de Direitos Humanos e o brasileiro. Utilizando como marco teórico o Transconstitucionalismo, em uma abordagem retórico-semântica, de Marcelo Neves, em que o autor argumenta que é possível estabelecer diferentes níveis de diálogo entre os ordenamentos, o que permite atribuir significado para a Constituição à luz de direitos humanos. A partir dessa perspectiva teórica, o artigo busca elaborar uma teoria realista do direito na América Latina, tendo como referência dados empíricos, como o caso do Cômputo em Dobro no Complexo Prisional do Curado em Pernambuco. Com base nesses dados, os autores propõem que é possível conceber o direito como um fenômeno social e que está evoluindo em direção a uma concepção de justiça social. Se essa hipótese for confirmada, o direito do ordenamento jurídico interamericano pode ser visto como uma ferramenta capaz de garantir direitos fundamentais aos indivíduos encarcerados, enfrentando as omissões e as inconstitucionalidades do Estado Nacional. Para além disso, deve ser levado em consideração também a atuação da Defensoria Pública do Estado como instrumento institucional fundamental para efetivação de direitos humanos.
Jurisprudence. Philosophy and theory of law, Political institutions and public administration (General)
This methodological article explores “the local” as a distinct context for political theorizing, and considers its role in normative labor. In doing so, we examine how political theorists can “go local”; arguing that engagement with the local dimension of politics can play at least three distinct roles in political theorizing. First, the local can represent a distinct object of analysis, where local politics are the starting point for the construction and revision of normative theories. Second, the local can represent a distinct object of normative concern, where political theorists consider whether local actors, institutions, experiences, relationships, and ways of life carry specific normative values or normative obligations. Finally, the local can represent a distinct object of application, where political theorists apply normative insights to help interpret, and inform, real-world local politics. By drawing upon normative literature interested in local questions we demonstrate how such interest in the local dimension supports a more nuanced and comprehensive theoretical understanding of our complex and multidimensional political world.
With the widespread use of the Internet and the rise of new media, these platforms have empowered the young generation in Taiwan to independently learn, express, and communicate. They have also contributed to the prominence of the echo chamber phenomenon, and the resulting social division and mutual exclusion have gradually attracted attention from the academic community. Nevertheless, the conceptual connotation of the term echo chamber in political participation urgently needs clarification. In light of this, the study focuses on the echo chamber phenomenon of political participation among Taiwan’s youth within the context of network empowerment. Constructing the research framework based on defining and demarcating the echo chamber phenomenon, this article utilizes the theory of political socialization. The in-depth interview method is then employed to analyze and confirm the existence of the echo chamber phenomenon in Taiwan. The study reveals that the echo chamber, a term originating in digital culture, do manifest in real political engagement. Their formation is closely associated with patterns of political socialization shaped by empowerment and extensive Internet use. Both political parties and social groups engage in behaviors associated with the echo chamber, and different parties have distinct ways of utilizing the echo chamber.
History of scholarship and learning. The humanities, Social Sciences
This text contains an account of the first work on theoretical demography in Serbia, which was written in 1862 by Kosta Cukić, a doctor of philosophy from Heidelberg and the first widely recognised Serbian economist. He dealt with this topic in the second volume of his State Economy textbook, the title of which was Economic Policy. Writing about population problems in economic textbooks was a common European practice at that time. Although he wrote for a textbook, his work was not a retelling of generally accepted theories, but a critical discussion of issues that had not been resolved in contemporary science. Therefore, his work can be considered original in the full sense of the word. In the theoretical sense, Cukić relied on Malthus, but also provided significantly different perspectives on many issues. He accepted Malthus’s position that the amount of food is a limiting factor in population growth and that natural fertility is very high due to people’s strong sexual drive. But there were also important differences: in Cukić’s theoretical framework, the iron law of wages does not apply, i.e. wages do not always strive for the existential minimum, as Malthus argued. Cukić also argues that capital affects fertility, since it affects the amount of available resources. Cukić was not a pessimist like Malthus, and instead observed a significant population growth in Europe at the time, without mass famine and pestilence. As we can see, Cukić dealt a lot with Malthus and his theory. This is understandable considering that Malthus was the preeminent theoretician whose work focused on the population problem in those decades, and therefore determination according to his theory and discussion with him was inevitable for anyone who intended to write about population problems. Cukić also dealt with population policy and those aspects of it that were available to the governments of the time: immigration, emigration, and marriage. The basis of his views was strong and consistent liberalism in every respect. Cukić advocated for expanding personal freedoms, such as free decision-making about marriage, and free immigration to the country and emigration from it. In some places he would set minimum technical conditions. “Personal freedom... is the ideal of the political consciousness of the present time”. Accordingly, he claimed that “citizens are not just means for governmental purposes”, but on the contrary, it is the government’s duty to “facilitate and support the aspirations of citizens to particular and general happiness”, thus repeating John Locke’s idea that the state exists for the sake of citizens, and not citizens for the sake of the state. Cukić belonged to a wide circle of authors in the mid-19th century who fundamentally rejected Malthus’s theory: on the one hand, economists who claimed that technological progress and a deepened division of labour would lead to economic progress that would forever postpone the existential crisis that Malthus feared; and on the other, demographers who believed that workers would control their fertility to preserve living standards to a greater extent than Malthus thought possible. Towards the end of the 19th century, the decline of fertility in Western countries provided strong evidence in favour of the latter.
This article examines the factors of influence of relations between the protector state and the regional hegemon in terms of the resilience of the unrecognized state. The article is devoted to a comparative analysis of the lessons learned from the Nagorno-Karabakh war and non-peace.
Since the end of the Second World War new states have repeatedly emerged, secessions have occurred, and with them new conflicts. While some non-recognised states enjoy higher stability, others have great struggles in order to survive. Most of the literature focuses on the non-recognised states themselves and domestic factor, thus neglecting the role of global players as the regional hegemonn. The main objective of this paper is to find out whether hegemons (through the protector states) have an influence on the stability of the non-recognised states. A second alternative explanation emphasises the importance of the internal legitimacy of non-recognised states. Using the cases of Nagorno-Karabakh and Armenia, the study attempts to answer these questions through a qualitative analysis. The analysis of Armenia’s foreign policy between 1991-1992 and 2020 and the resilience around Nagorno-Karabakh is the core of the empirical part.
The results suggest that indeed relations between the hegemon and the protector state have an effect on the stability of the non-recognised state. A connection between the internal legitimacy of the non-recognised state and stability, on the other hand, cannot be concluded from the work. Despite the analytical function, the paper gives a good overview on the stability of non-recognised states, security policy and some of the post-communist conflicts.
Political science (General), Political institutions and public administration (General)
The post-accession evolution of the new Member States to the European Union benefits from limited attention in the EU studies literature. More scholarly works are needed to map the performance of Romania and Bulgaria. Therefore, this paper investigates Romania's performance during the six-month Council Presidency to the European Union in the first half of 2019. Building on the framework of analysis of Karolewski et al., the paper makes an empirical contribution. It seeks to analyze if Romania lived up to the challenges of the office and managed to consolidate its reputation and show its political maturity during this crucial political moment, which countries only get to play every twelve years. The paper argues that the Romanian government aimed to project the image of an active, dynamic, and efficient actor, consensus orientated but without significant policy ambitions. It was a test it wanted to pass to confirm that Romania no longer represents an exceptional case in terms of its laggardness.
Predicting voter turnout by estimating the proportion of likely votersas accurately as possible is a challenging task and it is debated both in literatureand among experts actively involved in the field of sociological research andpolling organizations. While there are several vari-ables that influence turnout, and also several meth-ods and models that have been put into practice overtime, in reality there is no magic formula for correct-ly measuring, before an election, the percentage ofindividuals that are most likely to vote. Each nation-al context comes with particular variables, as wellas historical factors and demographic dynamics thatneed to be taken into account. We propose a modelbuilt on pre-election survey data and on past officialelection statistics, which has been tested and provenviable in the context of the 2019 Romanian presiden-tial election.
¿Qué es peor que tener que sobrevivir a un apocalipsis zombi? Hacerlo y que aún así la sociedad te margine si suspendes
Selectividad. Así al menos lo temen los chicos de Estamos muertos, serie surcoreana estrenada en Netflix. En este artículo reflexionamos a partir de las tesis del realismo capitalista de Mark Fisher distintos conflictos sociales que la serie nos transmite y que suelen exacerbarse en el
género zombi. Con ellos nos permitimos también una reflexión sobre si este género pertenece a lo distópico y qué situación actual tiene la distopía en pleno siglo XXI. La serie nos permitirá reflexionar sobre la extraña situación de la distopía mainstream que no parece acusar la gran cantidad de transformaciones políticas de los últimos años y que parece atrapada en la primera década del siglo.
What's worse than having to survive a zombie apocalypse? Doing so and still being ostracised by society if you fail the university entrance exams. At least that's what the guys in All of us are Dead, a South Korean series released on Netflix, fear. In this article, based on Mark Fisher's thesis of capitalist realism, we reflect on different social conflicts that the series transmits to us and which are usually exacerbated in the zombie genre. Through them we also reflect on whether this genre belongs to the dystopian and what is the current
situation of dystopia in the 21st century. The series will allow us to reflect on the strange situation of mainstream dystopia, which does not seem to be affected by the many political transformations of the last few years and which seems to be trapped in the first decade of the century.
This essay contributes to developing a new approach to political legitimacy by asking what is involved in judging the legitimacy of a regime from a practical point of view. It is focused on one aspect of this question: the role of identity in such judgment. I examine three ways of understanding the significance of identity for political legitimacy: the foundational, associative, and agonistic picture. Neither view, I claim, persuasively captures the dilemmas of judgment in the face of disagreement and uncertainty about who “I” am and who “we” are. I then propose a composite, pragmatic picture. This view casts the question of political legitimacy as an existential predicament: it is fundamentally a question about who you are—both as a person and as a member of collectives. The pragmatic picture integrates rational, prudential, and ethical qualities of good judgment that were heretofore associated with mutually exclusive ways of theorizing legitimacy. It also implies that the question of legitimacy cannot be resolved philosophically.
The interdiscipline of science and technology studies (‘STS’) has been characterized by its descriptive analyses of the presumptions and practices of scientific communities, and by numerous theoretical internal debates over the proper framework of analysis of science. While STS has not been characterized by a powerful effect on law and government, both of which are consumers of scientific expertise, an opportunity arises for engagement in public policy disputes due to the willful ignorance regarding science in the Trump administration, and the negative effects of political agendas and conflicts of interest therein. The urgent need for reliable expertise in such political contexts is addressed in the so-called third wave of STS that is based on Harry Collins and Rob Evans’s innovative ‘architecture of expertise.’ Two recent book chapters, namely Darrin Durant’s essay on ignoring experts and Martin Weinel’s essay on counterfeit scientific controversies, serve as practical examples of third-wave theory. Bruno Latour, who was engaged in a debate with Collins (and others in STS) concerning their respective approaches during the 1990s, also recently addressed the need for expertise (particularly climate expertise) in government contexts. Nowadays, Collins and Latour both promote consensus expertise and identify its reliance (for its authority) on science as a trusted institution. This article compares the similarities (and acknowledges the differences) between Collins and Latour with respect to their pragmatic strategies, and concludes that notwithstanding internal debates, STS scholars should join Collins (with Evans) and Latour to look outward toward critique and correction of governments that ignore scientific expertise.
Law in general. Comparative and uniform law. Jurisprudence
The article explores the border literature in political geography in order to understand the contemporary proliferation of bordering practices in the Western world. It takes the case of President Trump administration’s policies to show how borders can be concealed in social and political practices inside of sovereign territory. This expansion of geographical borders continually shapes the socio-spatial identities of migrants. The text also analyzes why the traditional bordering practice of building border walls is still an appealing resource aiming at keeping immigrants away from Western territories, even after the promise of a “borderless world” in the late 20th century. This article argues that the expansion of border walls is explained by the analysis of three factors: the transformations on the refugee protection framework after the 90s, the change in states’ perception of refugees as a threat to Western societies, and the fear of states to be perceived as actors non-capable to maintain their sovereignty. These contemporary practices are consistent with recent debates in border theory that see the border as a mobile entity instead of a static territorial line separating two units of land. This article aims at fostering the idea of border studies as a way to unveil new forms of power and control. It also pretends to foster an understanding of the interconnectedness of border practices around the world.
The aim of this article is to discuss different approaches to the phenomena of crisis, which are reconstructed from chosen philosophical and social sciences theories. Latest popularity of the notion of legal or constitutional crisis in jurisprudence establishes the point of departure. Using this notion in legal context opens a problem of adopting in this field more general and well-grounded perspectives on crises. Subsequently, I present the concept of crises in works of Edmund Husserl, Hannah Arendt, Reinhart Koselleck and Niklas Luhmann. Each of aforementioned sections is concluded with an explication of the concept of crises in perspective of adequate theory. My final task is to draw some most important consequences for understanding constitutional crisis, as well as the need for general theory of legal crises.
Jurisprudence. Philosophy and theory of law, Political science (General)
Hasta el momento no se ha abordado cómo, en sus comienzos, el pensamiento de Vattimo osciló embrionariamente entre al menos tres modos de articulación muy diferentes. Esas tres maneras de entender la filosofía vivida son las que permiten comprender buena parte de las posibilidades, perplejidades y problemas que después han caracterizado el pensamiento de Vattimo hasta el día de hoy. Dichas posibilidades y problemas, sin embargo, permanecen bastante obviados si se desvinculan de las tres máscaras en las que, en efecto, se ha desenvuelto siempre el pensamiento de Vattimo, a modo de tensión y vaivenes constantes entre teoría y praxis.
We present here a realist multilevel situational analysis of maternal depression. We use situational analysis to identify the interaction of mothers with social structures and the possible causal influence of those social structures on her well-being. The analysis moves from an emergent empirical approach toward the more reflexive and abductive approach of situational analysis, thus better informing our abductive reasoning and the generation of theory. Critical realism and symbolic interactionism provide the methodological underpinning for the study. The setting was South Western Sydney, Australia. Interviews of mothers and practitioners were analyzed using open coding to enable maximum emergence. Situational analysis was then undertaken using situational and social worlds/arena maps. Home and neighborhood situational analysis mapping and analysis of relations identified the following concepts: (a) expectations and dreams, (b) marginalization and being alone, (c) loss or absence of power and control, and (d) support and nurturing. The neighborhood and macro-arena situational analysis mapping and analysis of relations identified the following concepts: (a) social support networks, social cohesion and social capital; (b) services planning and delivery and social policy; and (c) global economy, business, and media. Emerging was the centrality of being alone and expectations lost as possible triggers of stress and depression within circumstances where media portrays expectations of motherhood that are shattered by reality and social marginalization. We further observe that powerful global economic and political forces are having an impact on the local situations. The challenge for policy and practice is to support families within this adverse regional and global economic context.
History of scholarship and learning. The humanities, Social Sciences
This paper presents an overview of Carl Schmitt's theoretical considerations of the concept of the political. Schmitt's theory of the political had grown on distinguishing between friend and enemy, which this author considered as specifically political distinction that all political activity could be brought down to, unrelated to other relatively independent areas of human thought and actions. The core of this theory is the political struggle and the possibility of war as the ultimate intensity of this struggle. Schmitt's considerations of war are still interesting and topical today, thirty years after his death, and his scientific papers - including those published before World War II - testify to his profound deliberation of the essence of war and mature, sometimes visionary, insights in its metamorphosis, from religious wars and legally limited wars of modern-age European states, through economy-motivated wars and wars of imperialist expansion, to the cold war and the state of non-war. Schmitt's emphasis of hypocrisy and ideology of liberalism, which is prone to justify the war as 'the war in the name of humanity' and to replace the term 'war' with various euphemisms, while actually dehumanizing it, can be used even today as one of most well-founded 'blows from the right' to neoliberal concepts of the world arrangement. Schmitt's theoretical considerations, lit by dim light of the knowledge of the political and existential evil, brought in once again on the wings of interventions, but this time to those whose secular dictatorships were overthrown in North Africa and the Middle East, and, by all odds, complicated and long-lasting armed conflicts and political instability promoted instead, have attained new significance.
Employing critical review of the key literature in the area of entrepreneurship and management studies
on social entrepreneurship, this paper aims to outline the current challenges this field is facing, also
introducing related explanations and suggesting required changes. The field of social entrepreneurship
research is at its nascent stage, determined by ongoing definitional debates and low legitimacy in the
scholarship, leading to limited theory development. The key challenge lies in the lack of consistent theory
and weak research infrastructure. What lies behind these challenges is the complexity and diversity of
the social entrepreneurship phenomenon and academic discourses. There are significant institutional
and economic differences between individual countries and regions, which in the end constitute the
complexity of the phenomenon. The related definitional debate generates challenges in developing the
research infrastructure, which is strengthened by functionalist approach. At the same time, there is
a strong need to employ the contribution of other, affiliated disciplines, not limited to entrepreneurship
and management, feeding on sociology, anthropology, political science, economics. Their conceptual
framework, research methods, particularly derived from sociology, may serve as a useful framework
for the field development. This may generate scholarly interest in moving towards other research paradigms,
employing subjectivist approaches, or assuming radical change in the society. Moving beyond
dominant functionalist paradigm may give voice to initiatives and ventures in social entrepreneurship
that have so far been marginalized in research. This, in result, could develop social entrepreneurship
research field.
This paper explores contemporary debates about the meaning and value of realism in political theory. I seek to move beyond the widespread observation that realism encompasses a diverse set of critiques and commitments, by urging that we recognize two key strands in recent realist thought. Detachment realists claim that political theory is excessively abstract and infeasible and thereby fails adequately to inform actual political decision-making. Displacement critics, on the other hand, suggest that political theory threatens or disrespects real politics. Not only are these visions of realism very different, there are also important tensions between them. I focus, in particular, on clarifying and evaluating the more complex charge that political theory displaces politics.