scholarly journals Constitutive justice and human rights

2019 ◽  
Vol 30 (4) ◽  
pp. 478-492
Author(s):  
Rastko Jovanov ◽  
Marija Velinov
Keyword(s):  
Human Rights ◽  
Social Ontology ◽  
Social Institutions ◽  
Social Reality ◽  
Legal Positivism ◽  
Ontological Status ◽  
Methodical Approach ◽  
Descriptive Theories ◽  
The Relationship ◽  
Ontological Position

In order to show the validity of here proposed conception of social ontology and its advantages over descriptive theories of social reality, which in the analysis of the socio-ontological status of human rights find only legally understood normativity as present in social reality, we will first (1) lay out Searle?s interpretation of human rights. In the second step, we will (2) introduce the methodical approach and basic concepts of our socio-ontological position, and explain the structure of the relationship between justice, law, morality, social institutions and collective intentionality. At the end (3) we will show how our theory of social ontology is better than Searle?s legal positivism in examining the ontological status of human rights. At the end, (3) we show in what ways such a theory of social ontology more intuitively and with wider arguments explains the ontological status of institution of human rights than Searle?s legal positivism.

scholarly journals THE LAW OF THE FUTURE: SEARCHING FOR NEW TRUTHS OR CONSERVING TRADITIONAL VALUES?

2020 ◽  
Vol 24 (4) ◽  
pp. 843-863
Author(s):  
Elena E. Rafalyuk
Keyword(s):  
Artificial Intelligence ◽  
Human Rights ◽  
Technology Development ◽  
Regulatory System ◽  
Interdisciplinary Approach ◽  
Social Institutions ◽  
Traditional Values ◽  
Law And Technology ◽  
The Law ◽  
The Relationship

The digitalization of the economy and society, the introduction of artificial intelligence in human activities actualize a number of new issues related to both the legal support of these processes, and areas of development of law as a regulatory system, and the relationship between law and technology. Understanding of law in conjunction with other social institutions determines its role not only as a normative regulator, but as a cultural and historical phenomenon. The aim of the article is to analyze the problem of changing the value (ethical and moral) element of law in the context of technology development. The investigation will be based on an interdisciplinary approach. The author concludes that the progress of law is defined by the values protected by it, which traditionally includes justice, equality, good faith, common sense, etc. The transformation of human-technology relations at the present stage raises the question of moving toward technological humanism or turning to traditional humanism. The author formulates the hypothesis that the law in its value component cannot be replaced by artificial intelligence. The research studies the forms of securing value ideas in international law. By the example of international acts and case law it is shown that international organizations are in search of a balance between the use of artificial intelligence and respect for human rights. It is concluded that the law is able to maintain its essential foundation without turning into technology, addressing universal principles of law, and searching for the balance between scientific and technological progress and human rights.

scholarly journals Funciones normativas y voluntad de signo

1983 ◽  
Vol 15 (44) ◽  
pp. 27-41 ◽  
Author(s):  
Roberto J. Vernengo
Keyword(s):  
Natural Law ◽  
Thomas Aquinas ◽  
Legal Positivism ◽  
Ontological Status ◽  
Empirical Expression ◽  
Moral Thought ◽  
Positive Law ◽  
Scientific Approach ◽  
The Will ◽  
The Relationship

Legal philosophers and logicians study problems related to the syntactical and semantical aspects of norms, without worrying about the ilocutionary aspects of their use. With Kelsen 's posthumous work, the Allgemeine Theorie der Normen, and the new preoccupations of deontic logicians, it seems that what is called the "normative functions" of norms are becoming a central point of the discussions between logicians and philosophers of law and moralists. Traditionally, the ilocutionary aspects of norms has been construed as the question of the empirical manifestation of the will, as it is suppossed that every norm expresses somebody's will. Nevertheless, that thesis -although traditional in legal and moral thought- implies some metaphysical presuppositions concerning the ontological status of what is called "the will" which must be brought to light if jurisprudence is going to attain a modern scientific approach. In Kelsen's work it seems clear that the relationship between das Sollen and das Wollen is where that old metaphysical idea regains strength. It can be found in Thomas Aquinas -and the c1assicalscholastics- a sort of theory on the empirical expression of acts of will, know as signa voluntatis, which keeps close and analogy with the normative functions of modern jurisprudence. Perhaps the theory of positive law, as manifestation of signa voluntatis, would establish a bridge between modern legal positivism and some forms of classical natural law.

scholarly journals Trouble with the biography of the sovereign: historiography, archives and national memory

2021 ◽  
Vol - (3) ◽  
pp. 92-107
Author(s):  
Volodymyr Fadieiev
Keyword(s):  
Social Ontology ◽  
Social Institutions ◽  
Politics Of Memory ◽  
National Memory ◽  
Late Twentieth ◽  
Free Interaction ◽  
The 19Th Century ◽  
The Relationship ◽  
Modern Era ◽  
Late Twentieth Century

The proposed article is an exploration of realistic social ontology, devoted to the study of the interaction between national memory, historiography and archives as defining social institutions of the modern era. The study focuses on the problems of formation and transformation of perceptions of the past of the national community — the bearer of sovereignty. During the analysis, the author concludes that national memory, archives and historiography are endowed with their own dynamics, and the relationship between them is a changing constellation of relations, that has undergone a complex evolution over the last two centuries. Beginning in the 19th century, the nature of relations changed in the direction of emancipation of archives from the guidelines of official historiography, distancing historiography from the exercise of state power, and the emergence of a new memorial culture in the late twentieth century. The result of these changes was the emergence of affirmative historiography, which has a significant impact on public life. The author concludes that the urgent problem of today is to create conditions for conflict-free interaction of all participants in the politics of memory in order to avoid politicization caused by inconsistencies in the interpretation of past events.

Social representations of human rights violations: Further evidence

2001 ◽  
Vol 60 (2) ◽  
pp. 89-98 ◽  
Author(s):  
Alain Clémence ◽  
Thierry Devos ◽  
Willem Doise
Keyword(s):  
Cluster Analysis ◽  
Human Rights ◽  
Costa Rica ◽  
Young People ◽  
Social Representations ◽  
Social Reality ◽  
Questionnaire Study ◽  
Human Rights Violations ◽  
High Tolerance ◽  
Individual Actions

Social representations of human rights violations were investigated in a questionnaire study conducted in five countries (Costa Rica, France, Italy, Romania, and Switzerland) (N = 1239 young people). We were able to show that respondents organize their understanding of human rights violations in similar ways across nations. At the same time, systematic variations characterized opinions about human rights violations, and the structure of these variations was similar across national contexts. Differences in definitions of human rights violations were identified by a cluster analysis. A broader definition was related to critical attitudes toward governmental and institutional abuses of power, whereas a more restricted definition was rooted in a fatalistic conception of social reality, approval of social regulations, and greater tolerance for institutional infringements of privacy. An atypical definition was anchored either in a strong rejection of social regulations or in a strong condemnation of immoral individual actions linked with a high tolerance for governmental interference. These findings support the idea that contrasting definitions of human rights coexist and that these definitions are underpinned by a set of beliefs regarding the relationships between individuals and institutions.

Risk, Desire and Adaptation: The Paradox of Queer Solidarity and the Political Possibility of Death Under Neoliberalism and Homonationalism

Somatechnics ◽  
2017 ◽  
Vol 7 (2) ◽  
pp. 185-200
Author(s):  
Natalie Kouri-Towe
Keyword(s):  
Human Rights ◽  
Social Movement ◽  
Political Activism ◽  
State Violence ◽  
The Political ◽  
Sexual Rights ◽  
Political Strategy ◽  
Rights Discourse ◽  
The Relationship ◽  
Strategy I

In 2015, Queers Against Israeli Apartheid Toronto (QuAIA Toronto) announced that it was retiring. This article examines the challenges of queer solidarity through a reflection on the dynamics between desire, attachment and adaptation in political activism. Tracing the origins and sites of contestation over QuAIA Toronto's participation in the Toronto Pride parade, I ask: what does it mean for a group to fashion its own end? Throughout, I interrogate how gestures of solidarity risk reinforcing the very systems that activists desire to resist. I begin by situating contemporary queer activism in the ideological and temporal frameworks of neoliberalism and homonationalism. Next, I turn to the attempts to ban QuAIA Toronto and the term ‘Israeli apartheid’ from the Pride parade to examine the relationship between nationalism and sexual citizenship. Lastly, I examine how the terms of sexual rights discourse require visible sexual subjects to make individual rights claims, and weighing this risk against political strategy, I highlight how queer solidarities are caught in a paradox symptomatic of our times: neoliberalism has commodified human rights discourses and instrumentalised sexualities to serve the interests of hegemonic power and obfuscate state violence. Thinking through the strategies that worked and failed in QuAIA Toronto's seven years of organising, I frame the paper though a proposal to consider political death as a productive possibility for social movement survival in the 21stcentury.

Muscovy and the Tatars

2020 ◽  
Vol 54 (4) ◽  
pp. 403-431
Author(s):  
Bulat R. Rakhimzianov
Keyword(s):  
Seventeenth Century ◽  
Social Institutions ◽  
The Political ◽  
East European ◽  
Central Eurasia ◽  
History Of ◽  
Mutual Relations ◽  
Forest Line ◽  
The Relationship

Abstract This article explores relations between Muscovy and the so-called Later Golden Horde successor states that existed during the fifteenth and sixteenth centuries on the territory of Desht-i Qipchaq (the Qipchaq Steppe, a part of the East European steppe bounded roughly by the Oskol and Tobol rivers, the steppe-forest line, and the Caspian and Aral Seas). As a part of, and later a successor to, the Juchid ulus (also known as the Golden Horde), Muscovy adopted a number of its political and social institutions. The most crucial events in the almost six-century-long history of relations between Muscovy and the Tatars (13–18th centuries) were the Mongol invasion of the Northern, Eastern and parts of the Southern Rus’ principalities between 1237 and 1241, and the Muscovite annexation of the Kazan and Astrakhan khanates between 1552 and 1556. According to the model proposed here, the Tatars began as the dominant partner in these mutual relations; however, from the beginning of the seventeenth century this role was gradually inverted. Indicators of a change in the relationship between the Muscovite grand principality and the Golden Horde can be found in the diplomatic contacts between Muscovy and the Tatar khanates. The main goal of the article is to reveal the changing position of Muscovy within the system of the Later Golden Horde successor states. An additional goal is to revisit the role of the Tatar khanates in the political history of Central Eurasia in the fifteenth and sixteenth centuries.

THE RELATIONSHIP BETWEEN THE CONCEPTS OF "HUMAN RIGHTS" AND "FREEDOM OF THE PERSON»

2020 ◽  
Author(s):  
Хусейн Вахаевич Идрисов
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
The Relationship

Статья посвящена характеристике юридических категорий «права человека» и «свободы человека». В работе проводится анализ российской законодательной и международной-правовой базы, а также вопрос соотношения исследуемых понятий. В заключении работы делается вывод об ограниченности прав и свобод человека границами права и свобод другого человека. The article is devoted to the characteristics of the legal categories "human rights" and"human freedoms". The paper analyzes the Russian legislative and international legal framework, as well as the question of the correlation of the studied concepts. In conclusion, the paper concludes that human rights and freedoms are limited by the boundaries of the rights and freedoms of another person.

Protecting Natural Resources

2018 ◽  
Author(s):  
Jérémie Gilbert
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
Natural Resources ◽  
Environmental Law ◽  
Legal Framework ◽  
Human Rights Law ◽  
International Environmental Law ◽  
Conservation Of Natural Resources ◽  
The Relationship ◽  
Do So

This chapter focuses on the connection between the international legal framework governing the conservation of natural resources and human rights law. The objective is to examine the potential synergies between international environmental law and human rights when it comes to the protection of natural resources. To do so, it concentrates on three main areas of potential convergence. It first focuses on the pollution of natural resources and analyses how human rights law offers a potential platform to seek remedies for the victims of pollution. It next concentrates on the conservation of natural resources, particularly on the interconnection between protected areas, biodiversity, and human rights law. Finally, it examines the relationship between climate change and human rights law, focusing on the role that human rights law can play in the development of the current climate change adaptation and mitigation frameworks.

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