• Title/Summary/Keyword: the human dignities

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The Regulations by Criminal Law against any Libel in Cyberspace (사이버명예훼손행위와 형사법적 대응방안)

  • Yoo, In-Chang
    • Journal of the Korea Society of Computer and Information
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    • v.17 no.5
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    • pp.177-183
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    • 2012
  • There occur various crimes in cyber space hiding behind anonymity to avoid punishment by criminal law. One of the most serious crimes committed in cyber space is defamation against others under the cloak of freedom of expression. The infringements by defamations in cyber space are made all of a certain and widespread that the victims have no time to react, and for that reason, the shocks by the defamation are much serious and severe compared with that committed in off line. However, press and publication shouldn't infringe on other's honors, right, public order or social ethics in liberal democrat society which values much the human dignities and values as stipulated in Article 21 section 4 of the Constitution. Protection of personal honor is also the basic rights guaranteed by the Constitution as much as the freedom of expression, and by extension, such harmful behaviour shouldn't be included in the freedom of expression area. In this way, slander can be considered as the minimum limitation of the freedom of expression.

The Regime of Peron(1943-1955) and the Apparition of the People as Social Subjects - from the Perspective of the Populist Discourse of Laclau - (페론체제(1943-1955)와 '대중'의 사회적 주체의 출현 - 라클라우의 포퓰리즘 담론의 시각에서 -)

  • Ahn, Tae-hwan
    • Iberoamérica
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    • v.13 no.1
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    • pp.123-152
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    • 2011
  • The long standing people's culture of Latin America based on social solidarity of the communities makes the political relations between the leader and the people very different from them of the european societies based on the representative democracy. At any rate, the main stream of the Populist Discourses sees the real populist political processes with the pejorative senses attributing the demagogue style of the leaders. In these sense, it is very important to re-consider the populism discourses of Ernesto Laclau who thinks that the populism is a way of interpreting the emergence of the people to establish the social demands in the context of populist real politics. According to Laclau, "the populism seeks for the radical reconfiguration of the revolt of the 'Status Quo' and new order". This work will confirm if this interpretation of Laclau can be applied to Peronist political regime. Meanwhile the first group of the orthodox line of the discourses on populism including Gino Germani shows that the populism is a political movement based on the manipulation and demagogue by the charismatic leader of the irrational mass during the period in transition after the crises of the traditional oligarchy in Latin America. And another line of the main stream of discourses on populism including Cardoso and O'Donnell says that the populism is a political phenomena in a period of transition towards the modernization and the national development by means of the industrialization through the substitution of the imports and the alliance between the classes after the 1930's. But these principal interpretations on populism disregards that in Argentina many urban poor working class people had lived under the racist, unequal painful social relations due to the underestimation and the discrimination by the upper and the middle class with many intellectuals. But Peronism had considered them as the new social subjects with human dignities. And so we have to rethink the clientelism also with another meanings. In this sense, the theories of Ernesto Laclau on populism is very helpful to illuminate the sensitive and ambiguous meanings of Peronism. Especially Peronism makes the urban working class maintain their life styles more tended to them of the traditional communities and go towards the anti-Status Quo. That is a key of success of Peronism not only that time but until these days. And so this study will show that it is the most important thing that Peronist regime had made the emergence of the 'people' in the meaning of advancing the democracy in Argentina.