Elements Of Rupture Research Articles

Historical Rupture or Continuity?

Abstract From the point of view of the institutional legal history of shariʿa courts in Israel, the article focuses on the elements of rupture and/or continuity introduced by the appointment of Hanāʾ Manṣūr-Khaṭīb as the first female judge in Israeli religious courts against the background of three main elements, the subordination of shariʿa courts to the Israeli legal system, the reaction of shariʿa courts to the challenges posed by secular and conservative Muslim actors inside the Palestinian minority, and the definition of gender roles in the Muslim judiciary in Israel. Despite some elements of rupture with the past, the article argues that the appointment is part and continuation of an active strategy of the pragmatic use of “the past” of Islamic legal tradition already pursued by shariʿa courts since 1995, and that the appointment of Manṣūr-Khaṭīb can be inscribed in a framework of “patriarchal liberalism,” following the definition of Moussa Abou Ramadan, proving that, still, gender is anything but irrelevant.

"No hay libertad política sin libertad sexual": a 50 años de Stonewall

The purpose of this work is to analyze theoretically how the sexual liberation movements of the sixties of the twentieth century deconstructed the social, political and cultural precepts of citizenship, public life, family and the idea of the body itself. Subsequently, after an ethnographic approach that allowed to register in the marches carried out in several local scenarios of the Mexican context 50 years after Stonewall, the main slogans that appeared on banners and blankets are registered to make an analysis with hermeneutical elements on them. Finally, we reflect on the elements of rupture with the old order from the struggles that are still being followed in favor of citizen models that recognize people’s intimate life and diverse sexual orientations and gender self-identification.

Policies and Strategies to Combat Poverty and to Promote Development in Mozambique: Elements of Continuity and Discontinuity

This article comes about with the objective of analyzing in a comparative way the elements of continuity and discontinuity between the policies and strategies to combat poverty and to promote development related to the foreign policy that Mozambique adopted after independence. The main idea is that these policies (PPI, PRE (S), PARPA's) did not achieve their goals; so much that they were updated successively, adjusting them according to the political-economic situation in which Mozambique was living. Mozambique pursued this path because it aimed to maintain the defense of the country's independence and sovereignty, eradicating poverty, consolidating national unity and strengthening democracy and freedom. Therefore, it is concluded that in these policies and strategies there is, on the one hand, a continuity of the objectives previously outlined, but also as the intention to better eradicate poverty and achieve development, there are elements of rupture among them.

Contentious politics and student dissent in the twilight of the Portuguese dictatorship: analysis of a protest cycle

This article focuses on student opposition to the Portuguese Estado Novo regime, examining the links between the dynamics of mobilization and radicalization and the emergence of new political actors before the fall of the Salazar dictatorship on the one hand, and the revolutionary process which characterized the Portuguese transition on the other. The 25 April 1974 military coup d'état that overthrew the Estado Novo triggered what later came to be known as the ‘third wave’ of democratization; but the Portuguese transition was characterized by elements of rupture that were much more significant than those observed in the subsequent democratization processes of Spain and Greece. This rupture was a result of the form of regime change – a military coup d'état – and was sustained with the mass social mobilization that followed. While key studies have stressed that the political crisis after the fall of regime was the fundamental cause of this exceptional mobilization, the argument advanced in this article is that the pre-revolutionary cycle of protest also explains the particular characteristics of the Portuguese transition.

The Global Economic Crisis and the Future of Neoliberal Globalization: Rupture Versus Continuity

This article outlines the main elements of rupture and continuity in the global political economy since the global economic crisis of 2008-2009. While the current calamity poses a more systemic challenge to neoliberal globalization than genetically similar turbulences in the semi-periphery during the 1990s, we find that evidence for its transformative significance remains mixed. Efforts to reform the distressed capitalist models in the North encounter severe resistance, and the broadened multilateralism of the G-20 is yet to provide effective global economic governance. Overall, neoliberal globalization looks set to survive, but in more heterodox and multipolar fashion. Without tighter coordination between old and emerging powers, this new synthesis is unlikely to inspire lasting solutions to pressing global problems such as an unsustainable international financial architecture and the pending environmental catastrophe, and may even fail to preserve some modest democratic and developmental gains of the recent past.

The Interpretation of Community Law by the European Court of Justice

In the legal literature on European integration there is a rather stereotyped tendency to constantly discover new elements of rupture with the past. In the legal domain, at every step we are confronted with some revolutionary novelty arising from European institutions and practices; on a regular basis, we face innovations which are said to mark significant developments in respect of the traditional forms of international governance as well as in respect of the traditional forms of national federalism. The vast literature on the interpretative criteria adopted by the European Court of Justice (hereafter the “ECJ”) only partially escapes this tendency. Surely the experience of European legal integration does not lack revolutionary ruptures and, also from the viewpoint of legal argumentation, it is true that the interaction between jurists coming from different legal experiences has produced some novelties: for example, an increasing hybridization and crossover effect (“Europeanisation”) between patterns of legal reasoning which are characteristic of different national legal cultures. However, this phenomenon has been largely tempered by the typically French syllogistic judicial style of ECJ's rulings. Moreover, despite the novelties identified, the literature on Community law interpretation cannot deny the apparent fact that the interpretative criteria and, more generally, the legal argumentation techniques of the ECJ are essentially the same ones which are familiar to the national legal contexts. It would be surprising if this were not the case, since the judges of the ECJ are trained within the national legal systems and the judgments of the Court are generally expected to be implemented by the national courts. Their grounds must thus be perceived as being legally sound, and not merely political or evocative.