Professional Documents
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Introduction In Anger: Socrates Contents: 1. The Organisation of Freedom: Conflict and Cooperation 2. Authority, Legality and Legitimacy 3. The Promotion of Justice: Rights and Responsibilities 4. Learning Citizenship through Coexistence at School This Issue in the Press: A Statesman Lets Go to the Cinema: "Elephant" Looking Through Images: A Reflection on Citizenship. Rodin and Velzquez The World of Literature: Cervantes (On Weapons and Words) Final and Summary Activities Find Out and Take Part
Lets Work
The law and rights as the organisation of freedom The meaning of power and authority The need to bind rights and responsibility The relationship between citizenry and daily life (for example, life at
school)
Citizenship as participation and commitment
Introduction
To talk about citizenship automatically suggests talking about coexistence. We have already seen the complexity of human life in the previous units; to set out the citizenship issue cannot be undertaken of the entire person. And a person is basically communication, society, and being present with and for others. The human being is, as the ancient Greeks once said, a social animal. Referring to society is not making an allusion to something unknown. In the previous unit we already learnt that the fundamental constitution of society is family, friends, neighbours, etc. Therefore, society is the group of relationships within which we move, which allow us to develop and live, even though they may, at times, cause us difficulties. We can live in society thanks to the effort of all of its members. Each of us has a function in society, and we are able to live, and even enjoy, thanks to society and its social, political and cultural institutions. Society works thanks to rules or laws; they are not merely tools of oppression, punishment or sanction. Thanks to rules we can do many things, thanks to rules we can be free as rules give us possibilities. Rules (or laws) can be compared with paths in the jungle; it could be said that it is annoying that one should go along these previously drawn paths, that they are inhibiting us, but if it werent for those paths we would not be able to reach the other side or move inside the jungle. To live our lives immediately suggests that we use the paths and rules that are given to us and that we give ourselves. Imagine what might happen if every day when we woke up we had to invent the rules that might be useful for that day (from the most elementary to the most complex)! Surely we would waste a lot of time (and we wouldn't get anything done), and even moreso if we imagined that the next day we would have to invent them all over again. Therefore, it is useful, good and very healthy to use the rules or paths that are at our disposal. And this does not stop us from questioning some rules, as nothing guarantees that a path is always valid or that there are no alternative paths. On the other hand, human coexistence is not always harmonious or friendly. There are times when conflict arises. It also happens that there are persons who, by using the freedom and the possibilities that coexistence offers, act for their own benefit or interest. They are people who want to impose their point of view and their lifestyle. Imagine, for example, a thief who steals money from a person, or a terrorist group that wants to impose its criteria on the majority by using weapons and violence. This is precisely why the existence of rules and laws is necessary, as they do not only attack this selfish, unsupportive or violent behaviour, but also, and more importantly, they guarantee everybody's freedom. This is precisely the function of law: to guarantee everyone's freedom. The lives of citizens cannot do without rules. We can call this the normative dimension of civic responsibility.
In Anger: Socrates
Socrates (470-399 B.C.) is one of the great Greek philosophers. He can be considered the father of philosophy. He did not only teach ideas and theories but also something that is much more important: an attitude and a lifestyle. The most noteworthy element of his philosophical approach is that he said that he did not teach anything, rather the only thing he did was help his audience draw out their own ideas from inside themselves, that is to say, he helped them to think for themselves. That is why he said that his job was the same as his mother's, who was a midwife, as it had to do with giving birth, helping one to be born. This process of "giving birth" to one's own ideas is called "maieutics".
J-L. DAVID, The Death of Socrates, 1787. The Metropolitan Museum of Art, New York
The Death of Socrates. A man like Socrates, who helped people to think, was seen as a danger by the Athenian authorities; it was said that he corrupted young people, and he was therefore condemned to death. He did not agree with this, however he accepted the judgement (to drink hemlock, a poison), in spite of the fact that his friends and pupils (among them his greatest disciple, Plato) proposed ways for him to escape from jail. He preferred to comply with the law. In the next box we can understand Socrates arguments through a text by Plato. If, while planning to escape from here, the laws and the responsible parties of the Polis approached us and asked; Tell us, Socrates, what you are going to do? Is it true that with what you propose is to try and destroy us and the whole city as far as you are concerned, or perhaps you consider it possible that it might still exist, that said city, in which the pronounced sentences have no strength, does not collapse, but might lose the authority and be annihilated by other ones? Are we going to say that the city was unfair with us and did not sentence justly? Should we say this or not? This, by Zeus, friend Socrates, is what Crito replied. And what are we going to reply if the laws say: Socrates, is this the agreement stipulated between you and us? Did not you promise to submit yourself to whichever sentence the city might pronounce? () What are your complaints against the city and us? () Let's see, to start with: did we not give birth to you, as thanks to our mediation your father married your mother and engendered you? Or, do you have any reason to be angry about marriage laws? And as for the laws related to the upbringing and education of children that you yourself enjoyed, perhaps the orders given to your father on how to instruct you were no good? Yes, they were, I would reply. Well then, if you were born, brought up and educated at our mercy, can you maintain that you are not our son and slave, you and your ancestors? () Perhaps you are so wise that you do not see that the homeland is more worthy of respect than the mother, father and all ancestors? What will we reply to this, Crito? That the laws say the truth or not? That they say the truth. PLATO, Crito
ACTIVITIES: - Look up more information about Socrates and his disciple Plato. - Look up in the dictionary the terms maieutic and irony (the two Socratic methods). - Why do you think that Socrates asserted, I only know that I know nothing? - How does Socrates argue the need to comply with the law? - Write down the expressions from Plato's text where the foundation of the authority of law is captured. - How can it be as revolutionary to obey laws as to infringe them? - When, perhaps, is it legitimate to disobey a law?
Contents
1. The Organisation of Freedom: Conflict and Cooperation
From Freedom to Freedoms In the social organisation of human interaction, the Law plays an important role. When Law is studied it is always divided into two parts, on one hand private law, which groups the subjects related to citizens' private lives as well as family relationships, property, agreements and the acquisition of citizenship. On the other hand, public law groups subjects related to citizens' public life, such as participation in public activities, the election of individuals to public office, the management of public assets and in general, the regulation of common activities. These two parts of the Law are only understood when there is a general reflection about the meaning of laws and justice, that is to say, when there is an ethical reflection that provides arguments on issuing the best laws, organising them in the best way within the different codes and applying them most justly. Within this overall reflection about general interests, the common good or common standards, there is a central idea around which all the others revolve: the harmonising of individual freedom with the freedom of other individuals. Therefore, learning about citizenship can be defined as learning about everybodys freedom, not only that of one individual but of a group of individuals. Without this harmonising of freedoms there are only individuals and no citizens. On top of this reflection on the freedom of all people, the Law distinguishes between "freedom" in general and "freedoms". And it deals with "public freedoms" when analysing, regulating and encouraging the public dimension of personal freedom. For example, the first things that dictatorships and tyrannies do is annul the most basic "public freedoms", such as freedom of conscience, thought, freedom of speech, the right to protest, and freedom of association and participation. Exercising citizenship is to promote and defend these public liberties, within the double meaning of the liberties of all people and the liberties of all dimensions of human life. Regulating Conflict and Social Cooperation The interaction of liberties is carried out through a double movement, on the one hand through disintegration, separation and confrontation, what we might call conflict dynamics. On the other hand, through the movement of integration, unification and cooperation, we have what we might call cooperation dynamics. Both movements have positive and negative aspects. The Law adopts these dynamics as regular so that higher standards of liberty, justice, equality and pluralism might be socially applied. The following table shows us this double possibility:
Positive aspects
Conflict dynamics - Outrage and rebellion in the face of unjust situations. - Individuality and critical capacities of citizens. - Social change and dynamism.
Negative aspects
-Disorder and breaking of rules, regulations and laws. - Sacrifice and heroic behaviour not considered by laws. - Personal suffering and pain caused by fighting and confrontation. - Risk of the levelling out of responsibilities. - Complacency with mistakes. - Projects are always carried out in groups.
- Coordination of individual actions. Cooperation - Integration of differences into common dynamics projects. - Achieving of common purposes and aims.
2. Authority, Legality and Legitimacy From Power to Powers Learning about citizenship does not only consist of learning about how political power functions. Although it is necessary for us to analyse the close relationships between political power and citizenship, it is important that we extend the reflection on citizenship to other spheres of power. In this way, citizenship is not only exercised in the face of political power but also in the face of any despotic, tyrannical or abusive show of power. It is important to extend the reflection on power to other fields of daily life, such as the financial, professional, civil, family or educational aspects, where we often confuse power with other qualities that are necessary for the organisation of these activities. This way, we can at least distinguish the following types of powers: POWER-COERCION (force); capacity to make someone do something by force. POWER-CONTROL (power); capacity to convince without forcing someone's will. POWER-AUTHORITY (exemplary); capacity to convince by guiding someone's will through example. POWER-LEGALITY (democracy); capacity to convince and make someone comply with the laws, harmonising the liberty of all by seeking the common good. From Authoritarianism to Authority In closed societies, the greatest risk in terms of the use of power in all its guises is authoritarianism, that is to say, to abuse the authority that one has. Sometimes, in sports teams the behaviour of captains or coaches is authoritarian, they abuse the power they are given or the trust deposited in them in order to promote their own interests instead of general or common interests. Active citizenship is one of the best ways of ending any sort of authoritarian behaviour because it promotes the capacity to criticise, participation and joint responsibility in the exercising of freedom. In fact, active citizenship helps us to distinguish, in all elements of life, between power (and its forms) and authority (and its perverted form of authoritarianism). Ways of Recognising Authority: Legality and Legitimacy Even though power and powers arise from the interaction of liberties, we, the citizens do not accept just any sort of power or authority. We demand that powers and authorities have an ethical, political and cultural foundation or basis. This basis or foundation is called legitimacy. According to Max Weber, legality is one of the ways of legitimising political power and it has become the most accepted way of breaking away from all sorts of authoritarianism, thus promoting spaces for democratic citizenship.
TYPES OF LEGITIMACY FOR POLITICAL POWER ACCORDING TO MAX WEBER Traditional legitimacy Charismatic legitimacy Characterised by: Tradition is the source or basis for power; doing things as they have always been done. Personal charisma is the source or basis for power: because of his charisma or personal qualities.
Legitimacy based on constitutional legality The rule of law, laws or the constitution are the source or basis for power: in line with the law.
3. The Promotion of Justice: Rights and Responsibilities The Law: Between Law and Rights Learning about citizenship is directly related to the learning of laws. This does not mean that those who know all the laws by heart are better citizens than those who do not know them. We mean that active participation in a social and political organisation is supported by or based on (legitimised by) an ordered set of laws. This systematised and ordered set of laws receives the name of Law. Unlike the social habits, customs or right or wrong forms of social behaviour, this is about written rules, structured and organized according to the subject they regulate. For example, the highway or traffic code gathers in a written, structured and organised manner the laws that regulate driving. In the same way civil or criminal codes bring together the laws that regulate property or crimes against a person's life. Law is also referred to in terms of the right to make a claim for a just cause, for example when we say "I have the right to X, as if it says: it is justice that I am granted X". In this sense, the term rights describes the pretensions of justice that people or citizens claim before legally constituted authorities.
Justice: Between Responsibility and Responsibilities Learning about citizenship is also directly related to learning about responsibilities. In the same way that we cannot separate heads from tails on coins, neither can we separate rights from responsibilities. Any claim of a just cause entails a responsibility exercised by the person who carries it out. If some neighbours demand sports facilities for their neighbourhood because they have the right, they have to do it in a responsible manner, that is to say, using the adequate methods, attending to the corresponding institutions and, above all, taking joint responsibility for the claim. That is why we speak about responsibilities in plural, as, apart from legal responsibilities, there are others, which can be social, cultural or civil.
4. LEARNING CITIZENSHIP THROUGH COEXISTENCE AT SCHOOL The Most Familiar Spaces for the Participation of Citizens Besides learning about rights and responsibilities, learning about citizenship is learning about feelings. Even though they appear in writing in a code or document, rights and responsibilities are not part of a lesson of civic responsibility that we have to learn by heart. They are part of a lesson of civic responsibility that has to be performed during our daily lives and, above all, in those spaces where we usually exercise our freedom. We do not study the constitution or human rights in order to know them by heart, rather we study them in order to be better citizens. This means that citizenship has a vital and practical dimension that is a task, a training programme, and an exercise. In the same way as before playing a game or carrying out a sporting activity we have to perform warm-up exercises to be in shape and give the best of ourselves to the team, so we have to understand and train in the rights and responsibilities of our most familiar spaces. The School: A Space with Rights and Responsibilities In order to perform this warm-up it might be interesting to know the rules that govern coexistence in the schools to which we belong and in which we participate. Let's remind ourselves of this dynamic of rights and responsibilities through the following table from which we have taken some articles:
De los derechos de los alumnos y alumnas Art. 15. Derecho a una formacin integral. 1. Todos los alumnos y las alumnas tienen derecho a recibir una formacin integral que contribuya al pleno desarrollo de su personalidad. 2. Para hacer efectivo este derecho, la educacin de los alumnos y las alumnas incluir: a) la formacin en valores y principios recogidos en la normativa internacional, Constitucin Espaola y en lEstatut dAutonomia de la Comunitat Valenciana. b) La consecucin de hbitos intelectuales y sociales, y estrategias de trabajo, as como de los necesarios conocimientos cientficos, tcnicos, humansticos, histricos y de uso de las tecnologas de la informacin y de la comunicacin. c) La formacin integral de la persona y el conocimiento de su entorno social y cultural inmediato y, en especial, de la lengua, historia, geografa, cultura y realidad de la sociedad actual [] 3. Los alumnos y las alumnas tienen derecho a que sus padres, madres, tutores o tutoras velen por su formacin integral, colaborando para ello con la comunidad educativa, especialmente en el cumplimiento de las normas de convivencia y de las medidas establecidas en los centros docentes para favorecer el esfuerzo y el estudio. De los deberes del alumnado Art. 24. Deber de estudio y de asistencia a clase. 1. El estudio es un deber bsico de los alumnos y las alumnas, que comporta el desarrollo y aprovechamiento de sus aptitudes personales y de los conocimientos que se impartan. 2. La finalidad del deber al estudio es que, por medio del aprendizaje efectivo de las distintas materias que componen los currculos, los alumnos y las alumnas adquieran una formacin integral que les permita alcanzar el mximo rendimiento acadmico, el pleno desarrollo de su personalidad, la adquisicin de hbitos intelectuales y tcnicas de trabajo, la preparacin para participar en la vida social y cultural, y la capacitacin para el ejercicio de actividades profesionales. 3. Este deber bsico, que requiere del esfuerzo, de la disciplina y de la responsabilidad por parte de los alumnos y las alumnas, se concreta en las siguientes obligaciones: a) actitud activa, participativa y atenta en clase, b) Participar en actividades formativas c) Asistir con material y equipamiento necesario d) Realizar las tareas encomendadas por los profesores [] f) Respetar el ejercicio del derecho y el deber del estudio de los dems []
ACTIVITIES:
1. Observe how the rules and regulations of your school are organised. Analyse the number of articles, titles and sections of these rules and regulations and observe the progression and development being used. 2. Read the rights and obligations that we give you here as an example throughly. Summarise them in your own words. What are the standards that are underlined and defended? Education for Citizenship and Human Rights. Unit 3 7
WHAT IS IT ABOUT? Fictional recreation of the slaughter by two teenagers, which took place at Columbine High School. The film captures the daily life of the youngsters at the school. It is a film shot half way between fiction and documentary, using a novel and surprising narrative strategy. The film does not try to explain anything at all but it leaves a lot of questions in the air, questions that need to be asked, and we need to try to answer after watching it.
IT MAKES US THINK ABOUT: - The lifestyle of American youngsters. What about young people in Europe? - Values held by young people - The roots of violence - Human relationships in an institution like a school
THINK ABOUT... - If you watch the film, prepare a list of the characters that appear in it and describe them briefly: what they are like, what they do, how they are dressed, how they react. - What is the explanation that you think the film gives for the violent acts? - Do you think that something like this could happen in Spain? Why? - What do you think must be changed, proposed, so that a massacre like the one at Columbine might never happen again? - What can each one of us do, at school, in order to reduce the amount of violence in any form?
Look Up Some Facts - Who was A. Rodin? Expand on the information. - If you look in art history books or on the Internet you will surely find more works by Rodin. Could you name one? - Rodin reflects in this sculpture what happened to six burghers in the city of Calais. They were six citizens that agreed to put themselves at risk in order to help other citizens. Look up for more information about this story using the data we've already given you. Learn to Look - Briefly describe all of the elements of the sculpture, and use the double perspective we bring with us. Take into account that it has to do with a group of people with different attitudes. - How could Rodin's work be characterised? (Based on this image and from others you may have seen) Think About the Image - What do you think the sculptor wanted to express? - What is the value of having sculptures like this in the squares and streets of our cities? Are they about homage or memory? Are they meeting places?
This picture is one of VELZQUEZ'S (1599-1660) most well-known. We find ourselves looking at the work of one of the greatest painters in the history of art. He was a master of technique and expressiveness. This painting shows the surrender of the Dutch before the Spanish army. It was an honourable surrender, and was recognized as such by the Spanish army in that it allowed an encounter between both troops with their flags aloft. In spite of it being a war the act was filled with gentlemanliness, honour and civic responsibility.
Look Up Some Facts -Who was D. Velzquez? Expand the information. -Where is Breda located? Place it on a map. What was the relation of that area with Spain? - Look up for more information about Breda and its surrender. Learn to Look - Briefly describe all the elements in the picture. - What draws your attention in the picture? Think About the Image -What do you think Velzquez wanted to show? - Can a war, a battle be honourable and civil? When? Under what conditions? - What could be the meaning of the keys in the picture?
FEELING AND THINKING WITH IMAGES - Which image, picture or drawing would you use to represent your idea of citizenship? - Should you have to present an exhibition of paintings or sculpture on the subject of Citizenship, to which artists would you turn? What sort of works would you display?
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FEELING AND THINKING WITH WORDS - Explain the meaning of the text. Look up the words you don't understand or ask your teacher. - It is a speech about weapons and words. Which of the two is Don Quixote (Cervantes) in favour of? Underline the arguments of both sides. - Look for more arguments in favour of one or the other. Considering that they are two very different activities, how can they be combined? - How does G. Dor represent Don Quixote in this engraving?
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Right - Based on something, correct, reasonable; - Faculty of the human being to legitimately do things that lead to the vital goals; - Faculty of doing or requesting everything that the law or the authority establishes in our favour, or that the owner of something allows us to do.
Law - Constant or invariable rule and regulation of things, arisen from the first cause or from the qualities and conditions of things. - Each one of the existing relations between the different elements that are part of a phenomenon. - Rule issued by a competent authority, in which something is allowed or forbidden in line with the legal system and for the good of the governed. - In the constitutional system, resolution voted by the Courts and sanctioned by the Head of State.
- Did you know all the meanings of these terms? - Look up expressions or create sentences (and contexts) where these terms appear with their different meanings. 2. Thoroughly read this text by H.G. Gadamer (1900-2002): The authority of people does not have its ultimate foundation in a submissive act and the abdication of reason, but in an act of knowledge and recognition: it is recognised that the other is above another in judgement and perspective and that, consequently, his judgement is preferential or has primacy with regard to one's own. Authority is not granted; it is acquired, and has to be acquired if one wants to resort to it. It relies on recognition, and, consequently, on an action of reason itself, that is, the acceptance of one's own limits, attributing to the other a more accurate perspective. Correctly understood, this meaning has nothing to do with the blind obedience of authority. (Gadamer, Truth and Method, Sgueme, Salamanca), - What is authority? Where is a person's authority? Why is it positive? - To which distorted concept of "authority" is the text opposed? 3. Prepare an organisational chart of your school and analyse the obligations and responsibilities of each one of the people, governing organs or representational bodies. How is the head teacher chosen? How does the school council work? What are the responsibilities of the teachers' board or the student committee?
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RIGHTS Family Sports centres Library Shopping Centres Health clinics-hospital Work spaces
OBLIGATIONS (RESPONSIBILITIES)
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