Secular Nature Research Articles

Development of National Procedural Law in the Second Half of the XIX – Early XX Centuries

The authors have studied one of the current historical and legal problems concerning the development of procedural law in the Ukrainian lands, which were part of the Russian and Austro-Hungarian Empires in the second half of the XIX – early XX centuries. Based on the analysis of scientific literature and relevant regulatory material, it has been noted that the beginning of the reform of procedural legislation of the Russian Empire can be considered the introduction of the institution of forensic investigators by the imperial decree in June 1860. Thus, the preliminary investigation was separated from the police, and investigators were part of the staff of the judicial department. The next stage was the judicial reform of 1864. As a result of the reform, the judicial system and procedural law were completely changed. Substantive law was also partially amended under that influence; there was the separation of criminal proceedings from the civil one; procedural norms of administrative justice began to be formed in the Ukrainian lands during that period, and a new branch of knowledge within legal science emerged, which was aimed at searching for the essence and nature of procedural law. The development of procedural law in the Ukrainian lands, which were part of the Austrian and, since 1868, the Austro-Hungarian Empires, was characterized by the obsolescence and imperfection of procedural legislation and its focus on the establishment of imperial positions. At the same time, it is possible to state its certain democracy and succession. It has been concluded that national procedural law during that period was characterized by the preservation and strengthening of certain features of the medieval process (secular nature, rationality, phasing), by the separation of procedural law from the substantive, by the formation of procedural branches of law, by the codification of procedural legislation, by the separation of administrative proceedings from criminal and civil proceedings; the functions and competence of the authorities and their officials were differentiated.

Ideological bases of Foreign Political Positioning of Republic of Tajikistan

In the article there has been made the analyzes of reflection ideological bases of foreign political and governmental positioning of Tajikistan in its’ doctrine documents. The main blocks of our analyzes was historical bases of Tajik statehood; the place and a role of Tajikistan in the world history, the place of the country in the modern world and features of understanding of the world trends of development; the place of water diplomacy in foreign political positioning of Tajikistan.
 It was found, that important part of official ideological concept of Tajikistan was the appeal in way of Aryan origin of Tajiks, the heritage of government of the Samanids and the losses of the “original” Tajik’s territories. It was state that during 1990s until 2010s, doctrine understanding of Tajikistan about their place in the evolutionary region in the spot of the mission of historical civilization of Tajik’s nation regarding to other population of the region.
 Important elements of the ideology of Tajikistan’s foreign policy positioning in the 1990s were the secular nature of the development of this Muslim state, elected during the 1992-1997 civil war, and the need for international assistance due to the country’s poverty and underdevelopment. In the doctrinal documents of the first half of the 2000s, the provision on poverty was combined with the thesis of the injustice of world development, which is dominated by the West, and the negative impact of globalization, which fuels the confrontation of civilizations. Since the mid-2000s, there has been a doctrinal rethinking of the role and place of Central Asia in the world - from a backward and troubled region to a clash of global interests and an economically important region of the world, dominance of great powers. By proclaiming a multi-vector open door policy in 2002, Tajikistan has doctrinally broadened its horizons of engagement with the world, going beyond the discourse of cooperation only with neighboring Muslim countries and Russia.

«Ода о танце» Фу Учжуна (I в. н.э.): в преддверии авторского и эстетического самосознания

The article considers poetics of the first Chinese “choreographic” poem “Ode to Dance” (Fu Wuzhong, I century A.D.) that describes the Chinese plate dance (Рan wu). Scientific originality of the paper lies in the fact that relying on the modern humanities knowledge, the researcher for the first time provides a comprehensive historical and typological analysis of the literary work under study, offers his own translation of this previously untranslated poetical piece. The research findings are as follows: the author reveals compositional peculiarities of the poem and identifies the basic provisions of its choreographic conception: secular nature of dance, its autonomous aesthetic meaning, programme nature, dramatism, the key role of imagination in the art of dance, understanding dance as a choreographic ballade.

Social and charitable activities of knyaz Alexander Nevsky

Power is a heavy, but great cross, which not every person is capable of carrying. It is both the right to decide the fate of the country and people, and a great responsibility. This is the choice to serve one’s people, accompanied by numerous trials and overcoming of considerable life challenges. With the words «power» or «ruler», we see the image of a person endowed with a life grasp and willpower, who always retains a fi rmness of mind and is not afraid to oppose anyone. If he is gifted with the talents of a commander, strategist, politician and diplomat, the power is often able to shift all spiritual values to the background, and to put forward material desires and the possibilities of their realization. That is why, with all the fullness of one’s power, it is important to remain a virtuous, merciful and humane person. However, history shows that even in our Orthodox land such statesmen are very rare. Alexander Nevsky is a striking example of a great, humane and just ruler. A great number of works of both church and secular nature have been written about the noble knyaz. Meanwhile, his outstanding personality will not cease to attract attention, and after hundreds of years, this topic will always be relevant to us, especially from the point of view of the social orientation of his activities.

Introduction: Modernism and the Turn to Religion

This Introduction contextualizes the volume in modernist tensions between belief and unbelief, and subsequent debates about the nature of secularization. An opening moment considers Pound and Woolf’s rejection of T. S. Eliot’s religious conversion as emblematic of a “subtraction” theory of secularization, in which secularity and religious belief are taken as mutually exclusive horizons of understanding. Such thinking, it is argued, has precluded a more nuanced approach. Criticism has largely ignored more complex and fragmentary religious dimensions of modernist production; or, on the other hand, taken up religion only in the narrow and anachronistic sense of traditional Christianity. This volume attempts to explore the religious dimensions of modernism in a more modernist sense: taking modernist art as a critical liminal space for exploring new modes of religious experience in complex and resonant ways -- often in open rejection of traditional modes of faith, and in authors beyond the usual suspects.

Towards the Uniform Civil Code and Personal Laws in India: Gender Equality Perspective

Family life and personal law in India express together a complex blend of historical, philosophical and political aspects. Family law is setting out a framework for thinking about how personal life affects the most profound aspects of our lives and communities. But the political issues are facing problematic as politician are not in favor of this because fear of losing their vote bank. There is not only political issue but also legal issue. Again, in the matters of personal law segment pertaining to marriage, dowry, divorce, adoption, legitimacy, wills, and inheritance each individual of different backgrounds must appeal to their respective religious laws for guidance or rulings. In a modern secular India, balancing the claims of religious communities in secular nature has caused some difficult problems as a nation. The author will scrutinize how personal laws in secular India provides an inclusive look into the issues and challenges and what extent State can interfere in the matters of religion so as to remove the hindrance in the governance. This article will also analyze the basis of national integration by removing disparate reliability on law which has conflicting ideologies of gender equality.

Political resistance to social reforms: The case of uniform civil code in India

Under the Directive Principles of State Policy in the Indian Constitution, Article 44 directs the State that “The State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India.” Apart from this, admissible comments have also been made from time to time by various courts of India. But the Uniform Civil Code demanded for India in the early years of Independence hasn’t implemented till date. The Parliament which passed the Hindu Code Bill in 1955-56 as a social reform in Hindu society, the same institution has not been able to implement the Uniform Civil Code till date. Everyone has their own questions and their own arguments on different perspectives of consensus and disagreement on the subject, which has turned it into more of a controversy than an attempt of social reform. In the guise of this controversy, the secular nature of the Indian state has not only questioned but has also been seen as selective secularism or pseudo-secularism.

Исламский сепаратизм во Франции как фактор экстремизма

In 2020, the notion of “Islamist separatism,” meaning the non-recognition of the fundamental principles of the French Republic by a part of the French population and expressed in the creation of a “parallel counter-society”, was firmly entered into the French political lexicon. Despite the fact that the term “Islamist separatism” has drawn sharp criticism from a number of politicians and public figures as in France as abroad, it seems to us that this phenomenon really exists and not only challenges the secular foundations of the French state but also creates a quite tangible threat to security (I.e. in the form of terrorist activities). A number of terrorist acts carried out by militant Islamists in France look like a logical development of the “Islamist separatism” tendency. Moreover, not only France, but also a number of other European countries are faced with the phenomenon of “Islamist separatism”, but namely France has a pronounced specificity in this context, associated with the emphatically secular nature of the state. In this regard, it is important to understand the reasons that contribute to the emergence of “Islamist separatism”, which lie in various levels – from social and economic problems to socio-cultural and religious aspects. A separate problem is the potential for conflict, which contains “Islamist separatism” that threatens public peace and harmony and serves as a catalyst for the growth of nationalist and right-wing radical sentiments in French society. In this regard, it is important to use flexible and comprehensive measures to counter “Islamist separatism” (a combination of “hard power” and “soft power” instruments).

ГОСУДАРСТВЕННАЯ ПОДДЕРЖКА РЕЛИГИОЗНЫХ ОБЪЕДИНЕНИЙ В СОВРЕМЕННОМ СВЕТСКОМ ГОСУДАРСТВЕ: ЗАРУБЕЖНЫЙ ОПЫТ ПРАВОВОГО РЕГУЛИРОВАНИЯ И ПРАВОПРИМЕНЕНИЯ

The article presents the results of an analysis of foreign experience of the legal regulation and the implementation of state support of religious associations in modern secular states in the context of variability of forms and measures of such support, which allow their systematization. The choice of the topic of the article is due to the existence of a complex contradiction in the relationship between the traditional understanding of the secular state characteristic and the practice of providing state support for individual religious denominations, the legally unequal availability of access to support, as well as the risk of actual state interference in the administration of church (denomination) affairs when implementing certain measures of state support. The aim of the research was to substantiate the optimal approach to the definition, legal regulation and implementation of forms and measures of state-confessional support in the modern secular state, prioritizing freedom of conscience and religion and minimizing human rights risks. In order to achieve it, the authors carried out a legalistic analysis of the focused law-making and law-enforcement practices of several foreign countries, which recognize themselves as secular but are distinguished by historical traditions, national, political, social and confessional features; emphasis was placed on systematizing the forms and measures of such support, as well as the most debating aspects of the issue. Also, the following methods of scientific knowledge were used in the research: universal (dialectical, formal logic, systemic, analysis, synthesis, classification) and specific (interpretation of law, comparative law, statistical). The research justifies that the secular nature of the state does not exclude the use of certain forms of support for various confessional communities. However, such support measures should ideally be aimed at ensuring the freedom of conscience and religion of citizens and their associations, rather than the artificial priority of a particular denomination. At the same time, it is necessary to observe the balance of public, collective and individual interests of subjects of confessional relations. The research is based on actual data on the provision of direct and indirect state support to religious associations. However, there are their derivative, alternative, authentic versions, the essence, secular and legal content of which are not always clearly positive. In this regard, an alternative classification of forms and measures of state-confessional support has been carried out – according to the legal content, the results of which allowed assessing the degree of their human rights risk, highlighting permissible and optimal combinations in this aspect. Considering that most of the forms and measures that have been studied are also implemented in Russia, the conclusions and recommendations, presented on the basis of foreign experience, can serve as a basis for an appropriate legislative and law enforcement optimization in the modern Russian state.

Governing Diversity: Reflections on the Doctrine and Tradition of Religious Accommodation in Islam

The problématique of governing diversity has attracted a great deal of scholarly attention but literature has largely overlooked the challenges appertaining to growing religious diversity in many places. The contemporary power sharing models and multicultural policies which are of a secular nature fall short of the expectations to foster peaceful coexistence in multi-religious societies. The primary concern of this paper is to manifest how religion can help us to lessen faith based violence. It is argued that religious traditions may offer valuable insights to design more inclusive governance. In this backdrop, the current paper evaluates the Islamic values of religious accommodation to gauge how helpful they are for designing inclusive policies in religiously diverse societies. The analysis illustrates that Islamic doctrine contemplates the politics of accommodation and forbearance. The pluralistic approach of Islam offered religious autonomy to non-Muslims in the state of Madinah. The ‘millet system’ established by the Ottoman Empire is widely admired for granting non-territorial autonomy in the matters related to religion, culture, and personal laws to non-Muslims. This display of an Islamic pluralistic approach at different junctures of Muslim history attests the capacity of the Islamic values of accommodation to nurture peaceful coexistence in modern societies. However, it requires a more unbiased and rigorous analysis to convince the global audience in this regard.

SUPPORTING BIBLIOGRAPHY: THE ORIGINS

One of the functions of a bibliographer is to perform thematic bibliographic reference – the selection of literature on a topic. Among the thematic queries that arise, there are queries of increased complexity. To fulfill queries efficiently and in time a bibliographer must have relevant knowledge, broad outlook, and awareness in various fields of science and industry. The origin of bibliography began in antiquity. One of the first bibliographic works was composed by Callimachus (310–240 B.C.): «Catalog of writers who shined in all areas of education and the works that they wrote». Reference and bibliographic literature in art history of Ancient Rus’ was a certain system with a specific set of information. First there were the literary church sources, then – the translation of literary heroes and scenes into painting subjects, and further – the fixation within the text of other interpretations and artistic solutions. Of interest are tractates on art in Ancient Rus’, canons of icon writing in the form of drawings made from icons, or oral, which were called «Originals». A general bibliography was mostly developed in Ancient Rus’ – science had no branch division. Further there was a need for inventories. In the 16th century, the bibliography already took recommendatory forms. Such was the “Index” of Arseny Vysoky, the book keeper of the Spaso-Prilutsky Monastery. The compiler grouped bibliographic recommendations by topic. In the second half of the 17th century, the ideology of the Enlightenment began to play a significant role that led to publishing of special educational and reference manuals of a secular nature: subject, biographical, and terminological dictionaries, catalogues of art collections and exhibitions. In the second half of the century, there was a tendency to compile lists of works of one master. Auction catalogues appeared. The history of supporting bibliography, without which it is difficult to imagine the progress in science, goes back to centuries. At first, when the need arose for it, it was imperfect, only attempts were made to compile it. In future, the representation of its types and information content were expanded. It has finally formed by now, at the same time it is constantly being improved.

Brazilian National Identity and the Notion of Brazil

The Portuguese word "Brazil" is a complex notion for bearers of Brazilian language identity. Not only does it include the name of the country but also a number of generic notions, one of which is primary with respect to the geographical name and others are secondary. The name of the country goes back to the word-combination pau brasil (mahogany). This secular name co-occurred with a sacral one, i.e. Terra de Santa Cruz. The secular variant survived in spite of the negative attitude it evoked in the first decades of its existence. Its further reassessment led to the formation of other notions that form the core of the semantic field "Brazil". The peculiar feature of this field is its early formation (mid XVII century) and early elaboration of various meanings that the word "Brazil" has retained up to now. The complex notion "Brazil", which includes such meanings as "mahogany", "country", "indigenous population", "territories", and "language", is so multifold due to its secular nature: the sacral name of Santa Cruz (Holy Cross) could not have been used in such a way.

“Not in the business of indoctrination”: religious education in South Australian public schools, 1968–1980

PurposeThis paper explores religious education (RE) in South Australia from 1968–1980. It focuses especially on the collapse of the RE settlement from 1968–1972 and the controversial legislation and subsequent curricula emerging from changes to the Education Act in 1972.Design/methodology/approachThis paper draws upon archival materials, published sources from the South Australian Institute of Teachers, the South Australian Education Department and the Religious Education Project Team, as well as an interview with Malcolm McArthur, one of the most influential figures in the controversy.FindingsFollowing the collapse of religious instruction from 1968–1972, the Minister of Education quickly passed legislation regarding a new course of religious education. A major controversy subsequently broke out over the appropriateness and design of a new programme of religious education. Educators attempted to design an educationally sound programme of RE that would avoid the problem of indoctrination. Ultimately, a new programme was created that satisfied neither proponents nor opponents of religion in state schools, and General Religious Teaching gradually faded from South Australian classrooms by 1980.Originality/valueThe article engages with broader debates on the nature of secularity in Australian history. In particular, it complicates the political-institutional approach developed by Damon Mayrl by stressing the agency and significance of elite educational and religious actors in the creation of new secular settlements. It also provides a useful addition to an older South Australian historiography by utilising newly available sources on the topic.

The use of paradigmatic research: The model of a perfect world according to Targum Qohelet

The purpose of this study is to identify and explain a religious paradigm in Targum Qohelet (TgQoh). Targum Qohelet is dated to a period between 500 CE and 1101 CE. This study concludes that the most probable setting for this Targum was the beit midrash (the house of study). A paradigmatic research approach is used to identify the range of translation components to explain the translation method employed in TgQoh and the rationale behind it. This research approach reveals how the translator(s) used their interpretative ability to create a completely different thought-world when compared with the original Hebrew Text. Various subparadigms emerge as a network of connected religious beliefs to form a cogent systematic rabbinic theology of a perfect world order to replace the pessimism of the Hebrew base text. The Aramaic version reflects a complete solution to the existential problems raised by Biblical Qohelet. It seeks to provide humankind with guidelines for creating a ‘perfect world’ both on earth and in the afterlife. The use of a paradigmatic analysis based on the concept of a ‘perfect world’ provides an ideal model for analysing the translation strategy of TgQoh and understanding its method of rendering. Contribution: The application of paradigmatic methodology bridges the gap between the relatively secular nature of the Hebrew version of Qohelet (Ecclesiastes) and the overwhelmingly and inescapable theological forms of the Aramaic targum. The paradigms in the Aramaic translation identify how the targum applied rabbinic ideology to explain the meanings that lies behind the original Hebrew text of Qohelet. The paradigms, when taken together reveal how the cynical nature of Hebrew Qohelet was changed into a rabbinical guide for righteous living, here described as ‘perfect world’.

GIAMBATTISTA VICO E LA VERITÀ DEL DIRITTO

The essay examines the process of undermining of classical natural law by the main Protestant scholars of legal philosophy between the mid 1500s and the mid 1600s. The author notes that this cultural process has been accompanied politically with the annihilation of Christendom. The historical and juridical work of Giambattista Vico is aimed at reconquering the truth of law through the relentless criticism of secular naturalism and the re-proposition of justice as a metaphysical cause of law under the loving guidance of Providence.

Hayden White: a postsecular perspective

ABSTRACT In this article, I propose a postsecular reading of Hayden White’s understanding of the figure and the ‘figure-fulfilment model of narrativity’. I suggest that White revealed and set in motion intellectual resources that contested the superficially secular nature of historical thinking that would otherwise have remained undiscovered in the theory of history. My article is an attempt towards recognizing the potential that White’s theory contains for analysing postsecular aspects of contemporary historical thought. It focuses on an analysis of the ‘figure-fulfilment model of narrativity’. I term the phenomenon discovered by White the ‘cryptotheology of the figure’. I believe that an analysis of White’s works from various periods can provide insight into the ‘secularization of the historical imagination’.

Abrogation and assertion

In this article I look at the responses of Indians to political events in 2019 regarding the abrogation of Article 370 concerning Kashmir in the Constitution of India and the Citizenship Amendment Act (CAA). The critiques of abrogation as well as of the CAA as put forth by the people of India were based on constitutional grounds, decrying them as inconsistent and in conflict with the basic principles and ambit of the Constitution. I juxtapose these responses with a critique of the Constitution and the sovereignty it offers to India through an engagement with Kashmiri Muslims in Delhi. The anti-CAA protests offered Kashmiris an opportunity to extend their solidarity with Indian Muslims as well as comment on the ambivalent nature of Indian secularism as it is pitched against minorities. However, Kashmiris also offered a structural critique and a rejection of the sovereignty of the Indian Constitution: for while it sanctioned equality and freedom for Indian citizens, it is the basis of oppression and occupation of their homeland.

ДЕВИАНТ ХУЛҚ-АТВОРГА ҚАРШИ КУРАШИШДА ИСЛОМ МАЪРИФАТИНИНГ РОЛИ

As you know, deviant behavior creates a threat to the stability of any society and the peaceful life of its population, which is an axiom that does not require proof. However, the developed measures based on a secular nature do not give a full-fledged result in the fight against deviant behavior. From this point of view, in the conditions of our country, the values of Islam are important in reducing the dynamics of the spread of this phenomenon

An Identity Investigation: Was Muʻtazilah Humanist?

Fikirler, kendilerini ortaya çıkaran sosyo-kültürel çevreler ile birlikte değerlendirilir. Benzer ortamlar aynı özellikteki düşünsel oluşumlara neden olabilir. Hümanizm, çoğunlukla Batı düşüncesi içinde ve seküler bir nitelikte kabul edilir. Ancak modernite ile birlikte ortaya çıktığı varsayılan hümanizmin sadece Batı’ya ait olup olmadığı ve din ile ilişkisi tartışılmalıdır. Tam bu noktada İslam düşüncesinde entelektüel yönelimleriyle öne çıkan Mutezilî düşünürlerin hümanist sayılıp sayılmayacakları incelenmelidir. Bu çalışmada düşünceleri oluşturan kültürel çerçeveye atıfla hümanizmin Mutezilî düşüncedeki izdüşümü ortaya konulmaya çalışılacaktır. Öncelikli olarak çalışmamızın ilk bölümünde hümanizm kavramı üzerinde durularak Batı düşünce geleneğinde nasıl oluştuğu ortaya konulacaktır. Sonrasında genelde dinlerin özelde ise İslam dininin hümanist bir yorumunun mümkün olup olmadığı ele alınacaktır. Bu bağlamda farklı hümanizmlerin olabileceği, bunlardan birinin de Tanrı merkezli hümanizm olduğu tespit edilecektir. İkinci asrın entelektüel zemininde ortaya çıkan Mutezilî düşünürlerin edebi çalışmalara yaklaşımları, dini bilginin inşa edilmesinde insan yetilerine güven duyup duymadıkları, insanın yasama faaliyetlerindeki rolü, insanın toplumsal siyasal yönünü nasıl değerlendirdikleri genel manada ele alınacaktır. Bu açıdan onların din anlayışını diğer İslami yorumlardan ayıran noktalara yer yer karşılaştırmalarla işaret edilecektir.

Ahilik Sistemi Değerleri Yönetim ve Eğitimi

Ahilik, Selçuklu ve Osmanlı devletleri döneminde değerleri ön plana çıkararak iktisadi ve sosyal hayata yön veren bir örgütlenme biçimidir. Bu yapıyı asırlarca ayakta tutan en önemli faktörün süreklilik ve kararlılıkla uygulanan değerler eğitimi olduğu anlaşılmaktadır. Ahilikte uygulanan değerler eğitimi politika, yöntem ve uygulama olarak dönemi itibarıyla en ileri unsurları içermesi yanında günümüze ışık tutacak birtakım özelliklere de sahiptir. Bunların başında ise insan yetiştirme anlayışı (erdemli birey) gelmektedir. Günümüz eğitim sistemlerinin seküler yapısı nedeniyle değerlerle bütünleşik erdemli bireyler yetiştirmede başarısız oldukları görülmektedir. İş ve sosyal hayatın değişik platformlarında yaşanan ahlaki sorunlar bu durumun bir göstergesi durumundadır. Bu tür sorunları ortadan kaldırmak amacıyla yapılan çalışmaların ise (etik kodlar oluşturma, etik dersleri vb.) palyatif çözümler olmaktan öteye gidemediği görülmektedir. Literatür taramasına dayalı derleme niteliğindeki bu çalışmanın amacı, Ahilik sistemini ayakta tutan değerleri ve bu değerlerin eğitimde nasıl kullanıldığını incelemek ve günümüz eğitim sistemi açısından değerlendirilebilecek yönlerini belirlemektir. Çalışma sonucu, Ahilik sisteminin başarısında ahlaki değerlerin eğitimin her aşamasına (örgün/yaygın-ev/iş-okul/okul dışı) yansıtılmasının (değerlerle eğitim) en önemli faktör olduğu belirlenmiştir. Günümüz eğitim sisteminde böyle bir anlayışın benimsenmesi ve kararlılıkla uygulanması halinde iktisadi ve sosyal hayatta yaşanan sorunların büyük ölçüde ortadan kalkması kuvvetle muhtemeldir.