В статье обращено внимание на важность и необходимость патриотического воспитания молодежи в условиях Специальной военной операции. Обозначены проблемы, существующие в этом направлении жизнедеятельности современного социума, и предложены конкретные пути их решения.Особое внимание уделено патриотическому, духовно-нравственному воспитанию курсантов высшихучебных заведений системы МВД РФ, как крайне важному условию и средству формирования у нихправильной мировоззренческой позиции, залогу их дальнейшей успешной служебной деятельности.
Comparative law. International uniform law, Jurisprudence. Philosophy and theory of law
International intellectual property law has extended so far in scope, both substantially and geographically, that it plays a role in aggravating poverty, creating crises in access to medicine and in the exploitation of indigenous peoples’ resources, to cite a few of its impacts. This expansion of intellectual property law has been extensively criticised, most famously by “cultural environmentalists”, who compare the public domain to a natural resource which is being depleted by intellectual property rights. While this criticism aptly brings into question the international intellectual property regime, the binary it relies on, between the public domain and intellectual property, does little to address the nefarious human impacts of the regime. Instead, bringing intellectual property law within the ambit of international human rights law allows for a more comprehensive evaluation of ethical concerns and human consequences, bringing nuance that the cultural environmentalists’ public domain rhetoric lacks.
En el presente artículo abordo la relevancia de las necesidades básicas para la Filosofía del Derecho, desde y a propósito de un trabajo del Profesor Javier de Lucas que, aunque ubicado en la primera etapa de su vida investigadora, se puede rastrear como preocupación y compromiso en gran parte de su producción y escritos posteriores sobre personas migrantes y sobre solidaridad. Siendo la teoría de las necesidades un tema que ha sido tratado de manera poco atractiva y sistemática en el Derecho, con confusiones y vaguedades, las conclusiones a las que arriba De Lucas junto con Añón Roig, se suman al esfuerzo de otros autores y autores que han sido pioneros en otorgar legitimidad en la académica española a la discusión sobre necesidades desde las reflexiones sobre el Derecho, contribuyendo a que se instale entre los temas imprescindibles para la Filosofía Jurídico-Política.
This article addresses the relevance of basic needs for the Philosophy of Law from and about a work by Professor Javier de Lucas. Although located in the first stage of his research life, this topic can be traced as a concern and a commitment in much of his production and subsequent writings on migrants and solidarity. Traditionally, the theory of needs had been treated in an unattractive and nonsystematic way in Law, with confusion and vagueness. On the contrary, the conclusions of De Lucas and Añón Roig are pioneers in granting legitimacy in Spanish academia to the discussion on needs and Law, contributing to its installation among the essential topics for Legal-Political Philosophy.
Can ‘Dasein’, of Heideggerian memory, be the basis of a new ‘vision of penalty’? The recovery of the necessary knowability of the essence of the human being, in the assessment that can be made in a criminal trial, would open up, or at least remind us of, what should be the way forward in order to identify a method that would make both the offender and the magistrate fully involved in the trial, in the time it takes to pass sentence. In this context, it would be more than plausible to assume that issues such as awareness, understanding and involvement of the offender are not just formally valid words, but take on a deeper meaning, even on a substantive level. And perhaps it is precisely trial time, in these terms, that could represent the juncture in which both the offender and the magistrate discover each other in their authenticity.
Jurisprudence. Philosophy and theory of law, Political theory
Mulla Sadra has presented a definition of morality which according to innovative classification of this article is define to internal qualities and actually rooted ability of human soul of which moral behavior originates (Malake) that is similar to Mashaie’s definitions. But analyzing of Sadra’s philosophical foundations such as substantial motion shows basic differences in his conceptualization of Morals. This article tries to representation and upgrade of Sadra’s definition of morality with comparative method. Also presenting a definition according to agents and factors of moral behavior which is important in other sciences is innovation of this article. Morality is a kind of appearance of degree of being (existence), in response to confronting and facing situations, problems, conflicts or what includes an intention, decision-making or doing conduct (act) which is optional, In the context of what is considered good or bad in his argument or society, that the individual uses in his response to all his internal capacities (such as Knowledge and knowledge tools, forces of nature, motivation and affection, physical forces and etc.) And of course, with the priority of intellectual thought and this answer is expressed in various ways.
Philosophy. Psychology. Religion, Jurisprudence. Philosophy and theory of law
In the original philosophy of Mahatma Gandhi the proverbial principle is to “see no evil, hear no evil, and speak no evil”. Probably a fourth monkey should have been shown with crossing his arms as to convey “do no evil” or “do nothing”. Looking it in other way would mean, refusing to acknowledge it or feigning ignorance. It seems that in the present scenario with reference to Women era, gives us a feeling to have a relook at the three wise monkeys in a manner as shown above. The principles of jurisprudence are not confined to the texts in Sanskrit. Manu attests that custom is the foremost basis of jurisprudence. Customary law delimits Brahamnic legal theory. And customs differ according to districts, towns, castes guilds and corporations. Manu asserts the precedence of provincial custom. The Dharma Shastras are the pre-eminent Hindu legal texts written in Sanskrit, excerpts of which were translated into the early Javanese and Khmer languages. Niti i.e. Justice, is based on Dharma, which is moral law in these works. The term dharma may be traced from the root word dhr which means sustains or supports. The expressesion seems to have a wide range of meaning. It signifies the prudence of highest virtue to human welfare. We know how to swim In water like fishes We know how to fly In air like birds But we do not know how to Live on earth like human beings. Alexander Selkirk
ABSTRACT Reason and emotion are often cast as opposites. Yet emotion comes in a wide array of manifestations and has a variety of relations with its supposed opposite. Understanding emotion better is key to grasping how jurisprudence casts the relation between psychology and judicial decision making. Jurisprudents disagree on whether and when (lack of) emotion is a problem for decision makers in the justice system. The aim of this paper is to shed light on unarticulated assumptions in mainstream legal theory concerning this disagreement. The paper plots the different positions jurisprudents hold concerning the role of emotion in judicial decision making, regardless of where they stand on matters such the nature of law. The paper substantiates the claim that legal theorists often take an irrationalist approach to emotion but occasionally develop an alternative account that is closer to a cognitivist approach, the prime example of which is the claim that equity requires practical reasoning. Emotions are then cast as skills to be appreciated. The paper concludes that jurisprudence adopts a simplistic view of emotion. The study of the role of emotion has been hampered by the tendency to view emotions reductively. My classificatory effort warrants the conclusion that lack of emotion – understood as a skill in cognitivist terms – constitutes a problem for justice.
In the Anthropocene, future people are dangerously vulnerable to the conduct of present people. The advances made by humanity since the Industrial Revolution give the current generation the ability to damage and degrade the environment in ways that could make humanity go extinct. What measures should be taken to protect future people from the dangers of extinction they face? This chapter outlines a new international crime of postericide as a morally required response to humanity’s changed circumstances. Postericide is committed when an agent intentionally or recklessly performs conduct fit to bring about the extinction of humanity. International criminal law contains no precedents for the prosecution of postericide. A proper understanding of the moral imperatives embodied in international criminal law shows that it is, in this respect, incomplete. Drawing on political and legal theory, moral philosophy, and jurisprudence, this chapter defends postericide as a moral necessity in the Anthropocene, and shows how it is entailed by the ideals at the heart of international criminal law.
Abstract: The Idea of a Pure Theory of Law presents a new jurisprudential theory based on Hans Kelsen's Pure Theory of Law. This article responds to some criticisms of that book, in particular those that question the role that permissions can play in our thinking about he law. The article begins with a brief restatement of the basic ideas behind my theory of permission and then tackles the most salient clusters of criticism. It ends with a discussion of some more general points that have been made about my book.
Can we demonstrate that nothing in the world is more beautiful than democracy? This is the crucial question addressed in this study, which argues that, yes, we can indeed demonstrate such a thing. But to this end, it needs to be shown that democracy is based on a universal philosophical principle, one that rises above each nation’s particular democratic experiences and political regimes. This higher principle, I submit, is that of “nonsuffering,” standing as a universal humanist foundation for the democratic norm, beyond all empirical experiences of democracy, but capable of encompassing all of them. The universality of this principle of nonsuffering is yet to be demonstrated, to be sure, but it can be understood as the origin from which come the five principles of the democratic norm: dignity, freedom, equality, participation in public affairs, and the rule of law. In history, democratic revolutions invoke these five principles globally. Which means that, in seeking to effect political, economic, and social change, revolutions give us proof that their core impetus is moral—their ultimate aim being to give effect to the principle of nonsuffering.
Political science, Jurisprudence. Philosophy and theory of law
Este artículo analizará la concepción nacional de España defendida por el PSOE en el 39º Congreso federal, donde se definió España como un Estado plural y se echó mano de la fórmula nación de naciones. Se tratará de determinar si esta manera de conceptualizar España supone una modificación de la idea nacional defendida por el Partido Socialista desde 1977 y, en caso afirmativo, qué extensión y alcance presenta dicha variación.
O artigo analisa como a atuação das empresas transnacionais é questionada nas organizações internacionais, desde a década de 90 e, em especial, de que maneira, a partir da Resolução 26/9 de 2014 da Organização das Nações Unidas, tem-se buscado um tratado vinculante para responsabilizá-las nos casos de violações dos direitos humanos. Assim, inicialmente, a discussão demarca conceitos como a responsabilidade social corporativa, na expectativa social de uma conduta ética voluntária por parte das corporações. No entanto, com a recorrência da violação de direitos, o debate passou a incorporar a defesa dos direitos humanos e a reivindicação de normas internacionais de responsabilização. Para a análise, a metodologia constitui-se de pesquisa bibliográfica, documental e estudo de caso. Conclui-se que as diretrizes da ONU sobre a temática inserem-se em um sistema internacional assimétrico, de governos nacionais fragilizados. Apesar das transformações no debate, as diretrizes são insuficientes para frear a impunidade e converter a fragilidade jurídica da população frente ao poder corporativo.
The reflections that we show in this presentation come from the investigations made as part of the research projects that we presented to obtain the bachelor’s degree in basic education with emphasis in social sciences from the University of Antioquia. Based on the question about the link between peacebuilding and the intercultural realities that are present in the educational scenarios, we retake on 3 experiences of building peace and resistance from the ethnically differentiated communities of our country to analyze the possibilities they present to transform relationships and contexts since its inclusion in the configuration of the so-called “Teaching of peace”.
Law in general. Comparative and uniform law. Jurisprudence, Jurisprudence. Philosophy and theory of law
Createdness or uncreatedness of the Quran and the attribute of Speech is the oldest theological debate in the Islam which upon this Alm_AlKalam is named. In regard to the fact that Asharites bedeviled to the uncreatedness of the God's attributes, they also bedeviled to the uncreatedness of the Quran. They have given many proofs in proving this theory in regard the internal speech, the eternality of God's attributes, Quranic addresses to the human and the antecedent of the attribute of Speech. But the internal speech leads to the multiciplity of eternals and incarnation of immaterial things in God: and uncreatedness of God’s attributes does not required that God’s Attributes to be eternal, but God’s attributes have extensional union and intentional difference. In some verses, Gabriel addresses people on behalf of God. Thus, the addressed is not necessarily eternal. And according to gradation of Speech attribute, like other attributes, essential speech is prior to actual one and former abstracts have priority to material and uttered levels of speech.
Philosophy. Psychology. Religion, Jurisprudence. Philosophy and theory of law