scholarly journals The Unbearable Disembodiedness of Cognitive Machines

2021 ◽  
pp. 201-210
Author(s):  
Enrico Nardelli

AbstractDigital systems make up nowadays the communication and social infrastructure and fill every parcel of space and time, affecting our lives both professionally and personally. However, these “cognitive machines” are completely detached from the human nature, whose comprehension is beyond their capabilities. It is therefore our duty to ensure their actions respect human rights and values of a democratic society. Education is one of the main tools to attain this goal, and a generalized preparation in the scientific basis of the digital technologies is a required element. Moreover, it is fundamental to understand why the digital automation has a nature completely different from the traditional industrial one and to develop an appreciation for human and social viewpoints in the development and deployment of digital systems. These are the key issues considered in this chapter.

2016 ◽  
Vol 28 (4) ◽  
pp. 523-534
Author(s):  
Jean Rhéaume

At least two important consequences follow from the fact that human rights are based on human nature. First, they exist according to natural law even in cases where positive law does not recognize them. Secondly, they cannot evolve because the nature and purpose of the human being does not change: only their formulation and level of protection in positive law can vary according to the socio-historical context.


2015 ◽  
Vol 28 (2) ◽  
pp. 255-266 ◽  
Author(s):  
ALEXANDRA HUNEEUS

AbstractThis article argues that human rights law – which mediates between claims about universal human nature, on the one hand, and hard-fought political battles, on the other – is in particular need of a richer exchange between jurisprudential approaches and social science theory and methods. Using the example of the Inter-American Human Rights System, the article calls for more human rights scholarship with a new realist sensibility. It demonstrates in what ways legal and social science scholarship on human rights law both stand to improve through sustained, thoughtful exchange.


2021 ◽  
Vol 2 (3) ◽  
pp. 70-82
Author(s):  
Amirreza Nikpour ◽  
Svetlana Semushkina

This article examines the key issues related to digital shifts in human resource management in the global economy. The purpose of the article is to identify the features and key trends in the introduction of digital technologies on the example of the BRICS countries. The study yielded a number of results. In the course of the research, the theoretical foundations of the digitalization of HR management are analyzed. The current situation and the contemporary level of human development in the BRICS countries is also noted. The features and problematic aspects of digital transformations in the human resource management system are outlined on the example of Russia, China and Brazil. In addition, the main digital technologies that are widely used in the countries under consideration are described.


Author(s):  
Y.V. Pechatnova

The article analyzes the controversial issues of protecting the constitutional rights of citizens to information, to privacy, as well as to preserve the secrecy of correspondence, telephone conversations, and other messages in the digital era. The study identifi es major legal risks of using the advanced information processing methods in the new digital reality: fi rst, the risk of unintentional deanonymization of personal data; secondly, the risk of generating falsifi ed information. We propose solutions, such as introducing an information audit system and a two-component information reading system. They can help to overcome the legal risks of data deanonymization and information falsifi cation. We conclude that digital technologies have a signifi cant impact on the content and methods of protecting some constitutional rights of citizens.


2021 ◽  
Vol 1 (1) ◽  
pp. 1-5
Author(s):  
Sousanna Maria Nikolaou

The modern democratic society must ensure the realization of the ideal democracy through the education of the youth with knowledge-skills and critical thinking and finally through the education of democratic citizens. A democratic citizen is defined as a citizen who is personally responsible, participatory, and oriented towards social justice and has the will to work for the realization of democratic ideals. The key issues the study focuses on are: What school practices contribute to the preparation of democratic citizens? What is meant by the open / positive climate of the classroom and how is it related to the strengthening of citizenship according to research data? The main purpose of the study is to reflect and raise awareness about the democratic conditions we must ensure in schools, to avoid the erosion of institutions and the rejection or loose commitment to the rules of democracy.


2020 ◽  
Vol 73 (7) ◽  
pp. 1539-1544
Author(s):  
Volodymyr V. Marchenko ◽  
Inna I. Kilimnik ◽  
Alla V. Dombrovska

The aim: The aim of the study is to examine the blockchain technology in the field of healthcare, to analyze the principles of the European Convention on Human Rights regarding respect for private and family life, home and correspondence, to analyze the key positions of the European Court of Human Rights (hereinafter – ECHR) in the field of human rights to privacy, to analyze the European Union (hereinafter – EU) secondary legislation regarding the supply of medicines, prospects for the blockchain usage in order to protect human rights to privacy and improve the quality of medicines. Materials and methods: Scientific works that are devoted to the outspread of digital technologies in healthcare, the provisions of the European Convention on Human Rights, the ECHR’s practice on the protection of human rights to privacy, the provisions of the EU secondary legislation that regulate the supply of medicines are studied. The methodology of this article is based on comparative and legal analysis techniques and includes system-structural method, method of generalization, method of analysis and synthesis as well. Conclusions: The blockchain technology in medicine and pharmacology will increase the level of protection of human rights to healthcare quality.


Author(s):  
Igor Chalyi

It is generally accepted that the precision of terminology is essential for a correct understanding of the concept meaning beingdefined. Considering the problem of a place for the social rehabilitation of convicted and released and other activities connected with it,firstly, it is necessary to determine what is being understood by this concept and to indicate the goals and objectives for its realization.Only this way it can be ascertained whether it is true and correctly stated (interpretated). It is generally accepted that the precision ofterminology is essential for a correct understanding of the concept meaning. The purpose of this article was to analyse the existing scientificpositions in various branches of knowledge on the constituent elements of social rehabilitation concept of convicted persons,based on the principles of truth and correctness.The problem of state policy realization for the rehabilitation of convicted persons is one of the key issues from the point of viewof preventing the crime recurrence and has, therefore, been studied by various scholars. At the same time, as further explained in thestudy, a detailed analysis of the basic understanding of the legal category “rehabilitation of convicted persons” was not carried out, whatled to a certain degree of scientific interest. That is what this article does.The analysis of the sectoral and penal enforcement legislation does not give an idea of the substantive grounds that the conceptof social rehabilitation must correspond to. Rehabilitation services for convicts are considered in the context of the abstract category ofsocial care. Through the review of the Law of Ukraine “On Social Services” a gradual departure of the legislator from the assignmentof this category is seen. The medical aspect of understanding the category “rehabilitation” brings the author closer to a significantexpansion of understanding of this category.It seems that the broad approach to the understanding of the category should be the basis for further study of the category “rehabilitationof convicts”, except for specifying that it is not unlawful or unjustified action by state institutions, but the restoration of rights,which have been interfered with or restricted in connection with the conviction and serving of the sentence as well as overcoming othernegative consequences of isolation or other measures of penal correction.


Author(s):  
Bohdan V. Shchur ◽  
Iryna V. Basysta

In present-day Ukraine, there is no unanimous answer to the question of the essence and consequences of the ECHR decision to refuse to waive immunity under Article 1 of the Protocol No. 6 either in the national criminal procedural legislation, or in the theory of criminal procedure, or among judges, investigators, prosecutors. Therefore, the purpose of the present paper is to try to attempt to formulate individual approaches to address this issue. The relevance of the subject under study is conditioned upon its theoretical and practical components. The former is that there this area is heavily understudied, and judicial practice, among other things, requires a certain scientific basis to formulate individual positions in their unity. The dilemma proposed in the title of this study was also addressed by members of the Scientific Advisory Board of the Supreme Court, who were approached by judges of the Grand Chamber for scientific opinions, emphasising the urgency and necessity of feedback from practitioners. To formulate the individual approaches serving the purpose of this study, the authors employed such general and special research methods as dialectical, induction and deduction, Aristotelian, system-structural, sampling method, comparison, and legal forecasting. Notwithstanding the fact that the ECHR decision to refuse to waive the immunity stipulated in Article 1 of the Protocol No. 6, adopted by its plenary session in accordance with Article 4 of the Protocol No. 6 to the General Agreement on Privileges and Immunities of the Council of Europe, is “procedural”, it was proven that the Grand Chamber of the Supreme Court has the authority to conduct proceedings on the application of such a person to review the judgment precisely in exceptional circumstances. It is emphasised that the ECHR decision should be considered as one that does not aim at the final assessment of criminal proceedings, so it cannot be equated with the decision of an international judicial institution, which would state Ukraine's violation of international obligations in court and the order of its execution will differ. The authors also address the fact that the consequences of the ECHR decision to refuse to waive the immunity stipulated in Article 1 of the Protocol No. 6 are critical. After all, such a decision of the European Court of Human Rights is the “bell” for Ukraine, which, among other things, may hint at the probability that the Court will identify the facts of human rights violations


2021 ◽  
Author(s):  
I.A. Aleshkova

The review examines the doctrinal approaches to the characterization of justice that have emerged at the national level. Based on the analysis of modern research on the development and improvement of the judicial system, this review examines the main trends and patterns in the development of the judiciary and justice. The review presents three monographs in which scholars emphasize that the effectiveness of justice is the most important aspect of a democratic society and the proper level of observance of fundamental human rights and freedoms. Scientists and practitioners constantly refer to the multifaceted definition of the concept of «justice», characterizing it from various sides and forms of implementation.


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