3 resultados para whether court has power to extend time
em Bucknell University Digital Commons - Pensilvania - USA
Resumo:
This thesis is an analysis of Spain’s development from dictatorship to democracy in light of the trauma that it endured during the Spanish Civil War of 1936 – 1939 and the dictatorship of Francisco Franco, which lasted until 1975. Drawing from the work of Maurice Halbwachs and Pierre Nora, this thesis seeks to use the concepts of collective memory and lieux de mémoire to analyze what role memory has played in Spanish society from 1939 to the present day. Theanalysis begins with an overview of the Spanish Civil War and Franco’s ensuing dictatorship in order to establish an understanding of the trauma endured by Spain and its people. Of importance will be the manner in which the presentation of history became manipulated anddistorted under Franco as the dictator sought to control the country’s collective memory. With this background in mind, the thesis then turns to analyze how the memory of Spain’s past has affected the country’s development in two eras: during its transition to democracy in the 1970s and in the present day. Of central importance is the pact of silence that was established during the transition to democracy, which was a tacit agreement among the Spanish people to notdiscuss the past. This pact of silence still clouds Spain’s memory today and affects modern discourse concerning the past. Yet it is clear that Spain has not been reconciled to its past, as the provocation of history inevitably results in tension and controversy. The central contention of this thesis is that the pact of silence that surrounds Spain’s past has not eliminated the trauma of the Civil War and dictatorship, as demonstrated by the controversy stirred up by people, groups and places in the present day. This contention has repercussions for the study of history as a whole, as it indicates that the past cannot be muted in order to achievereconciliation; rather, it suggests that we must engage the past in order to be reconciled to it.
Resumo:
This article brings to light a debate on tragic fiction in eighteenth-century France, and more specifically, on whether or not tragedy has the power to transform individuals intellectually and emotionally. Through analysis of abbé Dubos’s Reflexions critiques sur la poésie et sur la peinture and Jean-Jacques Rousseau’s Lettre à d’Alembert sur les spectacles, I contend that Dubos’s overwhelmingly positive conception of fiction—and especially his contention that we learn through the emotions when we engage with tragic fiction—can serve as an admirable pedagogical model for today’s fiction-focused foreign language classrooms.
Resumo:
Israel's occupation of territories it captured in 1967 has become one of the longest and most controversial occupations of the last fifty years. Eschewing the traditional political analysis of the Israeli-Palestinian conflict, this paper aims to explore whether Israel has adequately applied international law in the occupied territories, in particular, the law of belligerent occupation. The two actors under assessment are the Israeli government, particularly its military which enforces and maintains the law in the territories, and the Supreme Court of Israel, which has the power of review over military actions in the territories. The particular issues of the occupation that are critically analyzed are the general legal framework that Israel established in the territories, Israel's civilian settlement policy in territories, and Israel's construction of a barrier in the West Bank. This paper concludes that Israel has incorrectly applied the legal framework of belligerent occupation by refusing to apply the Fourth Geneva Convention; it has wrongly concluded that the establishment of civilian settlements in the territories conform with international law; yet it has rightly concluded that the construction of the barrier in the West Bank is permissible under international law, in contrast to the conclusion of the much publicized International Court of Justice's Advisory Opinion on the 'Wall.' Along with these general assessments, the author will also provide some historical and political insight into why the Israeli government and the Supreme Court may have applied the law in the way that they did.