To the question of philosophical-culturological basis of humanitarian study of socio-political processes

Servis plus ◽  
10.12737/6461 ◽  
2014 ◽  
Vol 8 (4) ◽  
pp. 9-13
Author(s):  
Вадим Кортунов ◽  
Vadim Kortunov ◽  
Владислав Шекелета ◽  
Vladislav Shekeleta
Keyword(s):  
International Law ◽  
Methodological Approach ◽  
Cultural Models ◽  
Social Consciousness ◽  
Collective Consciousness ◽  
Human Consciousness ◽  
Cultural Interpretation ◽  
Political Processes ◽  
The One ◽  
Conceptual Meaning

The article substantiates the possibility of´socio- humanitarian assessment of political processes in the context of philosophical and culturological discourse. The authors advance a conception of socio-humanitarian study which in its turn is constituted by the principles of humanitarian assessment based on the objective-ontological comprehension of morality. Moral evaluations, values and regulations are considered in the context of "archetype " concept and involving the theory of historical-cultural interpretation of the nature of social consciousness. According to this, it is the authors´ opinion that the most appropriate methodological approach to the humanitarian assessment is the approach that is based on the comprehension of the archetypal nature of all fundamental moral values that underlie the humanitarian assessment. According to the opinion of the authors, the proposed conception of the socio-humanitarian study can serve as an alternative to the western liberal paradigm of assessment of sociocultural and political phenomena, based on the principles of the international law and unified panhuman values. The feature of the proposed conception is that it takes into account, on the one hand, the so-called "common human values" on which is based the existence of the civilization, on the other hand — the peculiarity of a certain sociocultural commonality expressed in spiritual, cultural and psychologicalphenomena of´nation´s, people´s andcountry´s life. At the same time, both are derived from archetypal cultural and psychological universals. So, archetypes — transcultural and overindividual matrices, thinking, sense and meaning patterns, peculiar regulations of consciousness activity — serve as conceptual meaning of values which, according to the authors, underlie the socio-humanitarian assessment. The collective unconscious keeps cultural models, mythological and religious images. Acting in this manner in human consciousness, it represents a structure which is responsible for moral evaluation, as long as any evaluation as well as norms of behavior and activity are embedded at the pre- (or super-) reflective level of both individual and collective consciousness.

scholarly journals Lex mercatoria and private international arbitration = Lex mercatoria y arbitraje privado internacional

2020 ◽  
Vol 12 (1) ◽  
pp. 66
Author(s):  
Alfonso-Luis Calvo Caravaca ◽  
Javier Carrascosa González
Keyword(s):  
International Trade ◽  
International Law ◽  
Methodological Approach ◽  
Private International Law ◽  
Palabras Clave ◽  
Efficiency Principle ◽  
Mandatory Rules ◽  
General Principles Of Law ◽  
Lex Mercatoria ◽  
The One

Abstract: The “New Lex Mercatoria” is not a “legal system” or a defined set of rules, but a “method”. In this sense, the New Lex Mercatoria consists of giving authorization to the courts and/or arbitrators to assess different legal materials regulating international trade; following that, they will extract the “most appropriate rules” to solve the litigation. It is, therefore, a method to achieve adequate decisions in international trade (Method of Decision-Making). Thus, the arbitrator is prevented from applying a single national Law, which is exactly what the parties intended to avoid at all costs and the reason why they chose the New Lex Mercatoria. In other words, it can be affirmed that the methodological approach to the New Lex Mercatoria is the most operative, useful and complete, as well as the one that enables us to develop a metacriticism of the New Lex Mercatoria as a source of Law in international trade.Keywords: Arbitration, efficiency principle, general principles of Law recognized by civilized Nations, general principles of private international law, Globalization, international contracts, international trade, delocalization, mandatory rules (in international trade), New Lex Mercatoria, “Norsolor syndrome”, Private International Law, Public Policy, sources of Law, Uniform Law.Resumen: La Nueva Lex Mercatoria es un “método” y no un “ordenamiento jurídico” ni un conjunto definido de reglas. En esta acepción, la Nueva Lex Mercatoria consiste en una habilitación ofrecida a los tribunales y/o a los árbitros para que éstos valoren distintos materiales jurídicos reguladores del comercio internacional y, tras ello, extraigan las “normas más adecuadas” para solventar el litigio. Es, por tanto, un método para alcanzar decisiones adecuadas en el comercio internacional (Method of DecisionMaking). De ese modo, se evita que el árbitro acabe por aplicar una concreta Ley estatal lo que constituye, significativamente, eso mismo que la elección de la Nueva Lex Mercatoria por las partes quiere evitar a toda costa. En otras palabras, puede afirmarse que la acepción metodológica de la Nueva Lex Mercatoria es la más operativa, la más útil, la más completa y la que permite desarrollar, precisamente, una metacrítica de la Nueva Lex Mercatoria como fuente del Derecho de los negocios internacionales. Palabras clave: Arbitraje, comercio internacional, contratos internacionales, Derecho Internacional Privado, Derecho Uniforme, deslocalización, fuentes del Derecho, Globalización, normas imperativas (en el comercio internacional), Nueva Ley Mercatoria, orden público, principios generales de Derecho Internacional Privado, principios generales del Derecho reconocidos por las naciones civilizadas, “síndrome Norsolor”.

Verfassung ohne Staat

2019 ◽  
Keyword(s):  
International Law ◽  
Systems Theory ◽  
World Society ◽  
Point Of View ◽  
The Other ◽  
Private International Law ◽  
Sovereign State ◽  
Political Processes ◽  
Theory Of Law ◽  
The One

On the basis of systems theory, Gunther Teubner has developed a sociologically informed theory of law and constitutionalism that does not rest on the sovereign state, but on the functionally differentiated society. From this point of view, law and constitutionalism can also emerge without a state: in transnational political processes on the one hand and in the ‘private’ spheres of world society on the other. The search for unity and hierarchy in the law may be futile under these circumstances. As Teubner suggests, however, collisions between the various constitutional fragments may be addressed by a new kind of conflicts law that follows the model of private international law. With contributions by Ino Augsberg, Anna Beckers, Gralf-Peter Calliess, Pasquale Femia, Karl-Heinz Ladeur, Andreas Maurer, Riccardo Prandini, Ralf Seinecke, Thomas Vesting, Lars Viellechner

“Community Interests” and the Role of International Law in the Creation of a Global Market for Agricultural Land

2018 ◽  
Author(s):  
Jochen von Bernstorff
Keyword(s):  
International Law ◽  
Large Scale ◽  
Agricultural Land ◽  
Food Sovereignty ◽  
Global Market ◽  
Negative Consequences ◽  
Cultural Rights ◽  
Land Grab ◽  
Large Scale Land ◽  
The One

The chapter explores the notion of “community interests” with regard to the global “land-grab” phenomenon. Over the last decade, a dramatic increase of foreign investment in agricultural land could be observed. Bilateral investment treaties protect around 75 per cent of these large-scale land acquisitions, many of which came with associated social problems, such as displaced local populations and negative consequences for food security in Third World countries receiving these large-scale foreign investments. Hence, two potentially conflicting areas of international law are relevant in this context: Economic, social, and cultural rights and the principles of permanent sovereignty over natural resources and “food sovereignty” challenging large-scale investments on the one hand, and specific norms of international economic law stabilizing them on the other. The contribution discusses the usefulness of the concept of “community interests” in cases where the two colliding sets of norms are both considered to protect such interests.

scholarly journals “Fantasy Upon Fantasy”: Some Reflections on Dworkin’s Philosophy of International Law

Jus Cogens ◽  
2021 ◽  
Author(s):  
John Tasioulas
Keyword(s):  
International Law ◽  
John Rawls ◽  
Dual Function ◽  
Law Of Peoples ◽  
Liberal Democratic ◽  
International Court ◽  
International Legal Order ◽  
Theory Of Law ◽  
The One ◽  
Core Part

AbstractThis article offers a critique of Ronald Dworkin’s article “A New Philosophy for International Law”, (Philos Public Aff 41: 1–30, 2013). It begins by showing that Dworkin’s moralised theory of law is built on two highly questionable background assumptions. On the one hand, a descriptively implausible characterisation of a positivist-voluntarist view of international law as the reigning “orthodoxy”. On the other hand, the methodologically questionable assumption that a theory of international law must discharge the dual function of explaining the validity of international law in a manner that underwrites its presumptive legitimacy. In its core part, the article then offers a sustained criticism of Dworkin’s moralised account of the validity and legitimacy of international law. Various problems are identified with the “principle of salience” that Dworkin offers in place of consent as a ground for international law. A key concern is the difficulties that stem from Dworkin’s willingness to proceed on the “fantasy” assumption that his theory needs to get off the ground, i.e. that there is an international court with compulsory jurisdiction and reliable mechanisms for enforcing its judgements. Finally, the article concludes with some thoughts on how Dworkin’s “fantasy-based” approach led him to over-estimate the degree to which international law can be a vehicle for the global spread of liberal democratic values. More minimalist ambitions for international legal order, along the lines suggested by John Rawls in The Law of Peoples, seem more realistic.

scholarly journals The Image of the Family and Family Home in Małgorzata Musierowicz’s Series of Novels, and the Stereotype of the Family in Contemporary Polish Society

2021 ◽  
Author(s):  
Joanna Senderska ◽  
Iwona Mityk ◽  
Ewa Piotrowska-Oberda
Keyword(s):  
Social Consciousness ◽  
Traditional Family ◽  
Patriarchal Family ◽  
Family Model ◽  
The Family ◽  
Language Data ◽  
Polish Society ◽  
Family Home ◽  
The One ◽  
Over 40 Years

AbstractThe article discusses the image of the family and the family home in a series of novels for young people by the popular Polish writer Małgorzata Musierowicz in the context of literary conventions and stereotypes about the family in contemporary Polish society. The novels, which cover a period of over 40 years, generally fit contemporary Polish realities; however, the didactic function of the novels results in the author creating an idealized image of the Polish intellectual family, filling the readers with optimism. The picture created by the writer, on the one hand, fits perfectly into the stereotype of the family, which is one of the values highly esteemed by Poles. On the other hand, it adapts to the conventions of novels for girls. In this article, the stereotype of the family is reconstructed on the basis of language data and surveys. We present the meanings and contexts of family as a noun and family as an adjective. We also present the results of our survey, the aim of which was to determine an essence of a stereotypical family and how the traditional family model is comprehended by respondents coming from various groups. We also present the respondents’ attitude to the patriarchal family model and the division of roles into male and female. In our opinion, the correspondence between the family picture created in the novels and the image of the family operating in social consciousness is the reason for the popularity of the series.

Grotian Moments and Peremptory Norms of General International Law: Friendly Facilitators or Fatal Foes?

Grotiana ◽  
2021 ◽  
Vol 42 (2) ◽  
pp. 335-353
Author(s):  
Dire Tladi
Keyword(s):  
International Law ◽  
The Other ◽  
High Threshold ◽  
Other Hand ◽  
State Practice ◽  
The One ◽  
Jus Cogens ◽  
The Right ◽  
Peremptory Norms ◽  
Law Making

Abstract The concept of a Grotian moment remains rather obscure in international law. On the one hand, it can refer simply to an empirical fact which galvanises the ordinary law-making processes, whether treaty-making or State practice, resulting in major shifts in international law. On the other hand, a Grotian moment might be seen as an event so significant that it results in an extraordinary shift in international law without full adherence to the processes for law-making. The former understanding has little legal significance, while the latter, which would be legally significant, would be controversial and without legal basis. Against this background the article discusses the intersections between peremptory norms and Grotian Moments. It does this by looking at the intersection between the two concepts as well as the intersection between Grotian Moments, on the one hand and, on the other hand, particular jus cogens norms. With respect to the former, for example, the article will consider whether the high threshold of peremptory status facilitates and hinders Grotian moments. With respect to the latter, the article will consider particular norms that have been said to have shifted on account of the Grotian moments, namely the right to use of force in self-defence as well humanitarian intervention.

What Use Is Customary International Law?

2021 ◽  
Vol 9 (1) ◽  
pp. 119-131
Author(s):  
Anthony Carty
Keyword(s):  
International Law ◽  
Legal Theory ◽  
The State ◽  
Legal Doctrine ◽  
Customary International Law ◽  
Legal Personality ◽  
Historical School ◽  
General Law ◽  
The One ◽  
The 19Th Century

Abstract Customary international law as a source of general law is given a primary place in Article 38 of the ICJ Statute. However, it is historically a concept created by legal doctrine. The very idea of custom supposes legal persons are natural persons living in a dynamic, evolving community. This was the assumption of the historical school of law in the 19th century when the concept of custom was developed. Now the dominant notion of legal personality is the State as an impersonal corporation and international legal theory (Brierly and D’Amato) can see well that the death of the historical school of law has to mean the death of the concept of custom. What should replace it? Two steps need to be taken in sequence. Firstly, following the Swedish realist philosopher Haegerstrom, we have to ascertain the precise constellations of the conflictual attitudes the populations of States have to the patterns of normativity which they project onto international society. Secondly, we should follow the virtue ethics jurisprudence of Paul Ricoeur and others, who develop a theory of critical legal doctrinal judgement, along the classical lines of Aristotle and Confucius, to challenge and sort out the prejudices of peoples into some reasonable shape, whereby these can be encouraged to understand and respect one another. Then one will not have to endure so many silly interpretations of international law such as the one declaring that there are only rocks in the South China Sea and not islands. Such interpretations have nothing to do with the supposedly ordinary legal language analysis of a convention and the State practice surrounding it. They have to do entirely with a continued lack of respect by Western jurists for non-Western societies and nations.

Between the utopian imaginaries of literature and international law: The question of the insurgent child in international legal discourse and Kris Montañez’s Youth

2021 ◽  
pp. 1-20
Author(s):  
José Duke S. Bagulaya
Keyword(s):  
Civil War ◽  
International Law ◽  
Legal Discourse ◽  
The State ◽  
The Other ◽  
State Of Exception ◽  
Utopian Vision ◽  
The World ◽  
Realistic Representation ◽  
The One

Abstract This article argues that international law and the literature of civil war, specifically the narratives from the Philippine communist insurgency, present two visions of the child. On the one hand, international law constructs a child that is individual and vulnerable, a victim of violence trapped between the contending parties. Hence, the child is a person who needs to be insulated from the brutality of the civil war. On the other hand, the article reads Filipino writer Kris Montañez’s stories as revolutionary tales that present a rational child, a literary resolution of the dilemmas of a minor’s participation in the world’s longest-running communist insurgency. Indeed, the short narratives collected in Kabanbanuagan (Youth) reveal a tension between a minor’s right to resist in the context of the people’s war and the juridical right to be insulated from the violence. As their youthful bodies are thrown into the world of the state of exception, violence forces children to make the choice of active participation in the hostilities by symbolically and literally assuming the roles played by their elders in the narrative. The article concludes that while this narrative resolution appears to offer a realistic representation and closure, what it proffers is actually a utopian vision that is in tension with international law’s own utopian vision of children. Thus, international law and the stories of youth in Kabanbanuagan provide a powerful critique of each other’s utopian visions.

Man, Institutions and Bioeconomics

2003 ◽  
Vol 14 (4) ◽  
pp. 339-355
Author(s):  
Javier Alfonso Gil
Keyword(s):  
Methodological Approach ◽  
Natural Habitat ◽  
Social Technology ◽  
Activity System ◽  
Material Technology ◽  
Political Market ◽  
System A ◽  
Biological Capacity ◽  
Growth Of Knowledge ◽  
The One

Because bioeconomics is born of the interaction between the biological activity system and its socio-economic activity system, a holistic methodological approach is essential to study the relations between them. However, it must search for increasing levels of reductionism within each discipline to delve into the ultimate nature of each one of the intervening forces, whether economic or biological. This paper explores the economic forces. Through the biological capacity to comprehend, man and by extension, society, accumulates knowledge, the fulcrum from which he is able to dominate over his natural habitat. From this ‘point d’appui’, man builds two basic tools to assist him in achieving the goal of bettering his social condition. On the one hand, he creates institutions that allow him to “live with others” and, on the other, he develops technology that helps him to “live better with others”. Institutions, also referred to as ‘social technology’, tend toward stability over time while technology or ‘material technology’, tends toward instability, which would suggest that, normally, the mechanics of change will originate in material technology and, from there, progress to social technology by way of the political market. The level of progress and development attained depends on the quantity and rate of growth of knowledge applied by a society. In the process, man and his collectivity are forced to adopt new views of their environment through new shared mental models. The concurrence of equipment and political market will ultimately become the prime mover of institutional and economic change as well as change in mentality. Both technologies must keep on an adaptive course of stable evolution since discrepancies arising between them can cause tension between the various social groups. Adequate management of technological shock is essential to avoid extreme situations of social conflict. Herein lie the most important political decisions that a government must confront over the long term.

scholarly journals Identificação de Unidades de Paisagem: metodologia aplicada a Portugal Continental

Finisterra ◽  
2012 ◽  
Vol 36 (72) ◽  
Author(s):  
Teresa Pinto Correia ◽  
António Cancela Abreu ◽  
Rosário Oliveira
Keyword(s):  
Spatial Planning ◽  
Satellite Images ◽  
Methodological Approach ◽  
Subjective Assessment ◽  
The Other ◽  
Field Surveys ◽  
Flexible Approach ◽  
Landscape Units ◽  
The One ◽  
The University

IDENTIFICATION AND CHARACTERISATION OF LANDSCAPE IN PORTUGAL –This paper presents the concepts and methodology used in the study «Identification and characterisation of landscape in continental Portugal» undertaken by theDepartment of Landscape and Biophysical Planning of the University of Evora for the General Directorate for Spatial Planning and Urban Development (DGOT-DU) at the Ministry of the Environment and Spatial Planning, between 1999 and 2001. On the one hand, the methodological approach developed is based on the methodologies used recently for the same purpose in different European countries and on the way landscape has been considered in various European documents in the last years. On the other hand, it is also based on the team’s concern to approach the landscape as an holistic entity, and to examine its various components: ecological, cultural, socio-economic and sensorial. The set aim has been to define landscape units and to characterize these units in relation to the present landscape and the recorded trends, related problems and possibilities. Thus, the cartography relative to selected variables has been combined and related to satellite images and field surveys. The results of cross-referencing all this information has than been combined with expert examination of landscape coherence and character within each unit. The assessment was completed after careful bibliographic research and consultation with regional experts. The result is a flexible approach that combines objective analysis with a more subjective assessment, which the team considered fundamental for a true understanding of landscape.

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