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Czy suweren prowadzi politykę? Przywództwo państwowe wobec suwerenności

Czy suweren prowadzi politykę? Przywództwo państwowe wobec suwerenności

Author(s): Adam Danek / Language(s): Polish Issue: 18/2016

RESEARCH OBJECTIVE: The aim of the article below is an examination of the discrepancy between notions of sovereignty and a sovereign in a modern state, revealed by the question of statecraft (state leadership). THE RESEARCH PROBLEM AND METHODS: The consequent research problem is to determine who indeed decides on state policy. The research problem refers to the sphere of policy making as a practical implementation of the reason of a state’s imperatives. The author uses the descriptive and analytical methods, carrying out a critical comparative overview of theories and research findings presented in the current source literature.THE PROCESS OF ARGUMENTATION: At the beginning the author defines policy making and exposes its relation to the notions of sovereignty and ration of state. In the next step he identifies actors who decide on policy making. He underlines the key role of a “political disposition core” – a small group of leaders placed at the head of public institutions. He then considers the conditions of effective planning and making of policy. He indicates the inconsistency between the decisive role of a “political disposition core” and official status of a constitutional sovereign. He finally shows the fictitious character of a people as a sovereign.RESEARCH RESULTS: The author concludes that a traditionally comprehended sovereign is neither the source nor an implementer of state sovereignty because it is not a subject capable of policy making.CONCLUSIONS, INNOVATION AND RECOMMENDATIONS:The author finally recommends either a redefinition of the traditional notion of the sovereign, based on a theoretical proposition given by Carl Schmitt, or else its renunciation and invention of a new category, designating a subject which implements state sovereignty, to be used in the vocabulary of political science.

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HUMAN RIGHTS AND TORTURE

HUMAN RIGHTS AND TORTURE

Author(s): Mirjeta Memedi-Bilalli / Language(s): English Issue: 10/2018

Torture can be defined as a serious violation of physical and mental integrity of one person or individual. The term 'torture' means any act by which intentionally inflicted severe pain or suffering be it physical or mental, upon a person for such purposes to take advantage of him or another person of any kind of information or confession, by punishing him for an act he or another person has committed or is suspected of having committed, or intimidating or forcing to admission of guilt, or for any kind of discrimination.• From here we can extract three essential elements which constitute torture:•Causing pain or physical or mental suffering •Deliberate(intentionally) infliction of pain• The pursuit of a specific goal for example: getting information, admission of guilty. The practice of inflating pain and torture is something dating from ancient times, and seems like nothing falls more contrary to claims for humanity and civilization. However, torture has become more prevalent in spite of, and has evolved side by side with civilization. Cases in which practiced torture, time of which it dates, democratic values that's violate torture and normative rules under international acts will be subject of this paper

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The Articulations of Social Reality in the Configuration of Legal Norms

The Articulations of Social Reality in the Configuration of Legal Norms

Author(s): Roberta Ploscă / Language(s): English Issue: 79/2023

As follows from the entire reality of life and, as recognized and enshrined by the qualities and force of law, the creation of different relations among people is the process giving birth to the variety of legal norms, the necessary coordinator of the inherent human relations which turn out to be, generically speaking, the fundamental reason of the creation of the legal sphere. We can thus say that we are the legal founders of law before the entities invoked and charged with the burden of its concrete determination can operate and prove diligence so that the rules, thus conceived, will conform to the obvious reality, a reflection of human life and thought. Man, the creator of relations, relations that create law, out of necessity, from the belief of a fulcrum in the understanding of the human spirit, in the permanent search for selfdiscovery and, as a natural matter, for harmonizing with fellow human beings, determines and justifies the desire to dispose of a real support, useful in demonstrating justice, truth, righteousness, values sensitive to human thought and reason under any existential circumstance which, independently, are, at the same time, indelibly connected in the development of the human universe.

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Człowiek - dziecko - osoba fizyczna. Pojęcia ugruntowane w prawie cywilnym czy wymagające redefiniowania?

Człowiek - dziecko - osoba fizyczna. Pojęcia ugruntowane w prawie cywilnym czy wymagające redefiniowania?

Author(s): Aneta Biały,Paweł Kaczka / Language(s): Polish Issue: 3/2022

At what point can we speak of the origins of a natural person – is this really the moment of birth and what does the end of the person’s existence mean – or should it be justified that this is the moment of death? Authors try to answer for two questions, which will require focusing attention on the definition of a human, child and finally also a natural person defined in Polish civil law. On the other hand, due to the fact that the concept of a natural person does not function only in the area of private law, the authors will also refer to the necessary extent to, inter alia, criminal and constitutional law, which is the intended action of the authors. It should be noted, however, that the basic scope analyzed is, however, private law.

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Solitude-Isolement du monde, Gheorghe Dănișor
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Solitude-Isolement du monde, Gheorghe Dănișor

Author(s): Diana Dănişor / Language(s): Romanian Issue: 04/2023

Review of: Gheorghe Dănișor, Solitude-Isolement du monde - Une philosophie sur l'histoire échouée de l'humanité, publication L'Harmattan, ISBN: 978-2-14-034427-5, 2023, 284 pgs.

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Marek Hrubec (ed.): Interkulturní dialog o lidských právech. Západní, islámské a konfuciánské perspektivy

Marek Hrubec (ed.): Interkulturní dialog o lidských právech. Západní, islámské a konfuciánské perspektivy

Author(s): Jan Svoboda / Language(s): Czech Issue: 2/2009

Review of: Marek HRUBEC (ed.): Interkulturní dialog o lidských právech. Západní, islámské a konfuciánské perspektivy. Praha: Filosofia, 2008, 492 s., ISBN 978-80-7007-282-0.

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ETIČKO-PRAVNI PROBLEMI KLONIRANJA ČOVEKA

ETIČKO-PRAVNI PROBLEMI KLONIRANJA ČOVEKA

Author(s): Marina Elisovna Guriljova,Gulnara Mulanurovna Hamitova / Language(s): Serbian Issue: 1-2/2023

In developing science and society, the questions about the acceptability of the use of certain invented technologies arise more frequently. These issues require an unambiguous solution and monitoring of its implementation. One of the most pressing contemporary issues of biomedicine is the possibility of human cloning, the legal regulation of which has not been developed. The aim of the work is to analyze the existing ethical and legal framework of human cloning in the Russian Federation and to develop proposals for its improvement. The authors studied the materials published since the invention of cloning technology, such as speeches by leading scientists, scientific publications on this topic, the work of research groups (both in support of cloning and against it), as well as the results of sociological surveys of the population, legal acts of the Russian Federation, the experience of foreign states in the regulation of biotechnology. The lack of legal regulation of the process of human cloning in the territory of the Russian Fede-ration was revealed. To supplement it, the following proposals are suggested: (1) clarification of terminology in legislative documents and legal consolidation of the concepts of therapeutic and reproductive cloning; (2) establishment of penalties for violation of prohibitions on the use of technology and definition of mechani¬sms for the enforcement of these penalties; (3) development of the direction of „somatic human rights" and, with a view to the future, consolidation of human clone rights. The authors believe that in the presence of legal regulation, the de-velopment of technology will not bring moral harm to humanity.

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MOĆ I INDIFERENTNA (IM)POTENCIJALNOST U AGAMBENOVOJ FILOZOFIJI

MOĆ I INDIFERENTNA (IM)POTENCIJALNOST U AGAMBENOVOJ FILOZOFIJI

Author(s): Mark Losoncz / Language(s): Serbian Issue: 2/2021

My aim is to analyse the central concepts of Agambenian philosophy, with the help of new waves of interpretation (e.g. Watkin, Zartaloudis and Long Chu): signature, indifference, (im)potentiality (in confrontation with Deleuzian virtuality) and zone of indistinction. This paper is also an attempt to shed a new light on Agambenian theory of power through the analysis of sovereignty, bare life and biopower from a strictly conceptual point of view, that is to say by taking into consideration the ontological basis of Agambenian political philosophy and philosophy of law. A conceptual-methodological approach would perhaps make it possible to get rid of the usual accusations at the expense of Agamben’s philosophy, with a special emphasis on the question of resistance. The central question of this paper is: what makes power operative?

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Kondorseova teorema porote: Opšta volja i epistemička demokratija

Author(s): Miljan Vasić / Language(s): Serbian Issue: 4/2018

My aim in this paper is to explain what Condorcet’s jury theorem is, and to examine its central assumptions, its significance to the epistemic theory of democracy and its connection with Rousseau’s theory of general will. In the first part of the paper I will analyze an epistemic theory of democracy and explain how its connection with Condorcet’s jury theorem is twofold: the theorem is at the same time a contributing historical source, and the model used by the authors to this day. In the second part I will specify the purposes of the theorem itself, and examine its underlying assumptions. Third part will be about an interpretation of Rousseau’s theory, which is given by Grofman and Feld relying on Condorcet’s jury theorem, and about criticisms of such interpretation. In the fourth, and last, part I will focus on one particular assumption of Condorcet’s theorem, which proves to be especially problematic if we would like to apply the theorem under real-life conditions; namely, the assumption that voters choose between two options only.

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THE BANALITY OF LIBERAL DUE PROCESS THEORY IN INTERNATIONAL CRIMINAL LAW

Author(s): Tiphaine L. Dickson,Mark O. Hatfield / Language(s): English Issue: 4/2017

International war crimes trials are normative pursuits par excellence; they are understandably deeply emotional affairs, as a result of the horrors and injustices that lead to their establishment. Since these trials emerge from political decisions, the fundamental challenge in international criminal law has been to try to conduct judicial proceedings uncontaminated by passion and politics. Contemporary legalism, inspired by democratic peace theory, argues that liberal polities are more likely to establish international war crimes tribunals than illiberal polities, and posits that these liberal courts are more likely to be driven by a commitment to due process. I argue that reliance on legalism (as a political theory) is misplaced: not only have illiberal states participated in the establishment of war crimes courts, but legalist claims obscure the fact that many proceedings have been marred by significant due process deficiencies. The U.S.—as the archetypically liberal legalist state—has not accepted to be held to the norms and institutional constraints emerging from institutions of international criminal justice that it has shaped and promoted. I begin to develop an approach that I call Kantian realism, which holds that states should only establish norms and institutions that they would willingly decree upon themselves.

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Teologiczne podstawy kultury intelektualnej i ich determinujący wpływ na kształt kultury prawnej

Teologiczne podstawy kultury intelektualnej i ich determinujący wpływ na kształt kultury prawnej

Author(s): Aleksander Stępkowski / Language(s): Polish Issue: 33/2/2023

The article tries to point out the existence of a close relationship between the theological paradigm that dominates at a given time and the shape of the dominant intellectual culture. The paper points to the dependence of the latter in relation to the former. For the purpose of the paper, the term “theological paradigm” is understood as an attitude towards transcendence which is dominant for a given culture. In this context, a distinction was made between theistic, deistic and atheistic paradigms. At the same time, by pointing to the cultural identity of law, the article tries to describe the way in which theologically determined changes within intellectual culture led to changes in legal institutions.

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Czy kryzys w dziedzinie praw człowieka?

Czy kryzys w dziedzinie praw człowieka?

Author(s): Katarzyna Stępień / Language(s): Polish Issue: 33/2/2023

This article poses the question of the human rights crisis and its causes. The manifestations of the crisis are the widening of the subject and object range of the category of human rights and the ineffectiveness of human rights protection. In particular, among the causes, the process of displacement this issue to the field of positive law, which is characteristic for contemporary human rights research, is pointed out. This process is accompanied by the abandonment of philosophical justifications: legal-natural and anthropological. This process results that the normative character of human nature can be forgotten. Attention is drawn to the image of the human being as a subject of rights in the Universal Declaration of Human Rights and its convergence with the basic data of realistic philosophical anthropology, which makes it possible to show the operative sense of the category of human nature in the rereading of the basic human rights and its content. The article also comments on other manifestations and causes of the crisis in the recognition and realisation of human rights.

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Šteta, sloboda i zarazne bolesti u filozofiji Johna Stuarta Milla

Šteta, sloboda i zarazne bolesti u filozofiji Johna Stuarta Milla

Author(s): Ivan Cerovac / Language(s): Croatian Issue: 01/169/2023

The paper analyses John Stuart Mill’s harm principle and its proper application in the process of drafting and evaluating laws, political decisions, and measures used to prevent the spread of contagious diseases. By interpreting Mill as an epistemic democrat and an epistemic liberal, the paper focuses on Mill’s thoughts regarding the decision-making procedures appropriate for legislation in a pandemic. Additionally, it discusses the proper division of epistemic and political labor, one of the most important mechanisms Mill uses to filter the public will, and demonstrates how Mill’s arguments can help us balance between epistemic and moral virtues, i.e. between democratic and expert-oriented decision-making.

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Sposobnosti i pravednost za ljude koji nemaju sposobnosti razložnosti i racionalnosti

Sposobnosti i pravednost za ljude koji nemaju sposobnosti razložnosti i racionalnosti

Author(s): Iva Martinić,Elvio Baccarini / Language(s): Croatian Issue: 03/171/2023

In the article, we consider the objections of the capability approach to Rawls’s theory of public justification. The objection is that Rawls’s theory is considered with an exclusive focus on reason and rationality as essential properties of justice, excluding from the domain of justice people who do not possess these properties (such as people with severe cognitive impairments). We point out the shortcomings of the alternative proposal to the capability theory, which is based on the dignity of the species, because we claim that no valid normative conclusions can be derived from the concept of the species. We conclude by adopting a model of public justification according to which duties and rights are determined by reasonable people (ideal legislators). Reasonable people impartially judge the principles of justice even for those who do not participate in the process of justification but deserve the recognition of rights by universalizing these rights. Through universalization, they justified these rights for themselves and for those they represented by presenting adequate representatives in the process of justifying the principles of justice for those who do not have the capability to be reasonable and rational.

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Josip Guć, Hrvoje Jurić (ur.), Nikola Visković: pravo – politika – bioetika

Josip Guć, Hrvoje Jurić (ur.), Nikola Visković: pravo – politika – bioetika

Author(s): Marita Brčić Kuljiš / Language(s): Croatian Issue: 03/171/2023

Review of: Josip Guć, Hrvoje Jurić (ur.), Nikola Visković: pravo – politika – bioetika Zbornik povodom osamdesetog rođendana Pergamena – Centar za integrativnu bioetiku, Filozofski fakultet Sveučilišta u Splitu – Pravni fakultet Sveučilišta u Splitu – Znanstveni centar izvrsnosti za integrativnu bioetiku, Zagreb – Split 2020.

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A Theory of Justice and Social Mechanics

A Theory of Justice and Social Mechanics

Author(s): Laurynas Didžiulis / Language(s): English Issue: 2 -Special/2024

In this article, I argue that Aristotle, a universal philosopher who analysed both natural and social worlds, suggested a groundwork for a theory of justice, which is a fertile soil for a broader social perspective. Such categories as the social order, free will, law, policy choices, and the state are naturally flowing from his brief passage on justice in his Nichomachean Ethics. I assert that all of them are phenomena of turbulent social mechanics. Therefore, in this paper I introduce Aristotle’s contribution to the mainstream theory of justice and then, loosely relying on the works of Aristotle and Newton, I develop a theory of justice in the context of social mechanics. I conclude that the concept of justice is essentially the same as Newton’s third law of mechanics. For this purpose, I employ interdisciplinary and functional approaches, textual and conceptual analysis, and the method of deduction.

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Ehl-i Sünnet ile Şîa Fıkhındaki Küllî Kaidelerin Kavramsal Çerçevelerinin Karşılaştırılması

Ehl-i Sünnet ile Şîa Fıkhındaki Küllî Kaidelerin Kavramsal Çerçevelerinin Karşılaştırılması

Author(s): Ünal Şahin / Language(s): Turkish Issue: 53/2024

This study, which examines the conceptual framework of the universal rules in Ahl al-Sunnah and Shīʿa fiqh, is the first review on the subject. This article aims to outline the differences between the principles that are considered as universal principles in both schools of thought. However, it is even possible to study each principle independently. In this context, it has been tried to show to what extent the characteristics of the universal principles determined by Ahl al-Sunnah are taken into consideration in Shīʿa jurisprudence. In addition, an effort has been made to determine in general terms what are the prominent issues in the universal rules in Shīʿa jurisprudence. As a result of the research, it has been determined that there are many differences between Shīʿa and Ahl al-Sunnah jurisprudence in the context of universal principles, which are accepted as logical propositions, as well as in the tradition of belief. The fact that universal rules are a sub-discipline of fiqh and methodological differences can be found in fur ūʿ al-fiqh (substantive fiqh). As a matter of fact, the four Sunni sects have dealt with these principles within their own systematics and ruled accordingly. On the other hand, there are dozens of universal principles on which the four Sunnite sects agree. However, it is understood that Shīʿa interprets the universal principles differently with ideological constructs and exhibits a very different approach from Ahl al-Sunnah. Due to the vastness of the subject, the study is centered on the work of Durūs fi al-qawāʿid al-fiqhiyya, which was compiled by Shi’ite scholars in the recent period. In the context of the aforementioned work, other Shīʿa qawāʿid al-qulliyyah have been frequently referred to. The characteristics of the Shia regarding the universal principles are discussed under six main headings in the article. It is clear that Shīʿa ignores the hadith and fiqh sources of Ahl al-Sunnah regarding universal rules. The theory of innocent imams, which is seen as an integral part of Shīʿa theology, is also extensively used in universal rules. In addition, the attitude towards the companions, which is one of the sharp differences between Ahl al-Sunnah and Shīʿa, is far from being objective in Shīʿa and they exhibit an ideological approach towards the Companions.

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Individuálna sloboda a spolocné dobro z pohladu Jacqua Maritaina

Individuálna sloboda a spolocné dobro z pohladu Jacqua Maritaina

Author(s): Oľga Gavendová / Language(s): Slovak Issue: 1/2023

The concepts of individual and common are opposite. At first glance, it seems that if freedom is individual, it can hardly be merged with the common good. In practice, this is most evident in societies that are built on individualistic foundations; then the common good recedes into the background. The common good itself is understood differently. Sometimes it is understood as the good of the individuals involved, other times as the good of the community as a whole. What we mean by the common good determines to what extent society can make demands on individuals for the common good and where it must stop because it would endanger the person. On the other hand, the point at which the demands of the individual must give way in favour of the common good also depends on this. A balanced position between individual freedom and the common good is offered by the personalist thought of J. Maritain.

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DREPTUL LA DIFERENȚĂ. INTELIGENȚĂ EMOȚIONALĂ (IE), INTELIGENȚA SPIRITUALĂ VERSUS INTELIGENȚA ARTIFICIALĂ (AI)

DREPTUL LA DIFERENȚĂ. INTELIGENȚĂ EMOȚIONALĂ (IE), INTELIGENȚA SPIRITUALĂ VERSUS INTELIGENȚA ARTIFICIALĂ (AI)

Author(s): Constantin Anechitoae / Language(s): Romanian Issue: 1/2024

Intelligence is considered the pinnacle of human cognition at a given time, encompassing various cognitive abilities such as problem solving, reasoning, learning, and understanding. Whether it is human intelligence or artificial intelligence, the concept focuses on the ability to perceive information, retain it as knowledge, and apply it to different situations. Research in psychology suggests that intelligence is not a fixed trait, but can be shaped and developed through experiences, education, and environment. The study of intelligence continues to be a fascinating topic that drives advances in technology and our understanding of the human mind. The purpose of this study is to identify the particularities of the development of emotional and social intelligence from the perspective of interference with artificial intelligence.

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Personalistička percepcija filozofije Immanuela Kanta

Personalistička percepcija filozofije Immanuela Kanta

Author(s): Ivan Čulo,Ivan Šestak / Language(s): Croatian Issue: 01/173/2024

The paper analyzes the personalist view of Kant’s thought in general and the personalist criticism of Kant’s understanding of human dignity and natural law. It is pointed out the way in which the results of that criticism were realized as a personalist concept of human dignity, which was also reflected in the fundamental legal acts on human rights. Concluding considerations are presented in the light of contemporary discussions of the reception of the origin of the legal foundation of human dignity.

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