Value and the Expressive Conditions of the Subjective Will

Hegel's Value ◽  
2021 ◽  
pp. 150-188
Author(s):  
Dean Moyar
Keyword(s):  
John Rawls ◽  
Equilibrium Model ◽  
Reflective Equilibrium ◽  
Intentional Action ◽  
Subjective Value ◽  
The World ◽  
Basic Argument ◽  
The Individual ◽  
The Right ◽  
Subjective Rights

This chapter analyzes the pivotal “Morality” section that makes subjective rights and universal welfare essential to the overall conception of justice. It is shown that Hegel’s analysis of the “deed” motivates the move to intentional action in which subjective value and the right to satisfaction come to the fore. The tension between objective and subjective value in the intention leads to the decisive conflict of abstract right and morality in the “right of necessity.” With the Basic Argument template it is shown why the right of necessity leads to an all-encompassing conception of value, the Good, that Hegel calls “the final purpose of the world.” The treatment of formal and true conscience is read in dialogue with the theory of justification that John Rawls calls reflective equilibrium. The chapter argues that conscience is the individual justification akin to reflective equilibrium, and that the transition out of “Morality” highlights the deficiencies of the individual (as opposed to institutional) reflective equilibrium model.

Chimeras In Time-Honored Societies

Think India ◽  
2019 ◽  
Vol 22 (2) ◽  
pp. 463-466
Author(s):  
TUMMALA. SAI MAMATA
Keyword(s):  
Major Elements ◽  
The Sun ◽  
Human Beings ◽  
Life Changes ◽  
Inner Self ◽  
The World ◽  
Nature And Nurture ◽  
The Individual ◽  
The Right ◽  
Superstitious Beliefs

A river flows serenely accepting all the miseries and happiness that it comes across its journey. A tree releases oxygen for human beings despite its inner plights. The sun is never tired of its duty and gives sunlight without any interruption. Why are all these elements of nature so tuned to? Education is knowledge. Knowledge comes from learning. Learning happens through experience. Familiarity is the master of life that shapes the individual. Every individual learns from nature. Nature teaches how to sustain, withdraw and advocate the prevailing situations. Some dwell into the deep realities of nature and nurture as ideal human beings. Life is a puzzle. How to solve it is a million dollar question that can never be answered so easily. The perception of life changes from individual to individual making them either physically powerful or feeble. Society is not made of only individuals. Along with individuals it has nature, emotions, spiritual powers and superstitious beliefs which bind them. Among them the most crucial and alarming is the emotions which are interrelated to others. Alone the emotional intelligence is going to guide the life of an individual. For everyone there is an inner self which makes them conscious of their deeds. The guiding force should always force the individual to choose the right path.  Writers are the powerful people who have rightly guided the society through their ingenious pen outs.  The present article is going to focus on how the major elements bound together are dominating the individual’s self through Rabindranath Tagore’s Home and the World (1916)

scholarly journals Democracy Backsliding as a Danger of Sustainable Development in the Post-Pandemic Period: Social and Legal aspects of Decision

2021 ◽  
Vol 126 ◽  
pp. 06007
Author(s):  
Oleg Tkach ◽  
Оleh Batrymenko ◽  
Dmytro Nelipa ◽  
Mykola Khylko
Keyword(s):  
Human Life ◽  
Legal Aspects ◽  
World Health ◽  
Global Pandemic ◽  
The World ◽  
The Government ◽  
Democratic Principles ◽  
Health Organization ◽  
The Individual ◽  
The Right

The article considers topical issues of the threat of collapse of democracy. Examples of the democracy collapse have shown the lack of free and fair elections in the world, which threatens the independence of the judiciary, restrictions on the right to freedom of speech, which limits the ability of the political opposition to challenge the government, to prosecute, to offer alternatives to the regime. The collapse of democracy in connection with the spread of COVID-19 is being considered, as the democratic spectrum has repeatedly resorted to excessive control, discriminatory restrictions on freedoms such as movement and assembly, and arbitrary or coercive coercion. Attention is drawn to the fact that the outbreak of coronavirus COVID-19 has led to the introduction in all countries of restrictions on the rights and freedoms of the individual in order to prevent the spread of this infectious disease, declared a global pandemic by the World Health Organization. Thus, the unusual nature of the COVID - 19 coronavirus pandemic poses numerous dilemmas to the public, governments, parliaments, the judiciary, law enforcement and many other actors when it comes to the need for effective protection of health and, ultimately, human life, as well as adherence to and ensuring the fundamental democratic principles of man and society.

Remarks by Valerie Chalidze

1973 ◽  
Vol 67 (5) ◽  
pp. 132-135
Author(s):  
Valerie Chalidze
Keyword(s):  
Social Relations ◽  
State Sovereignty ◽  
The World ◽  
The Future ◽  
The Individual ◽  
The Right

“Everyone has the right to leave any country, including his own”— this can be considered the basic philosophical principle of social relations just because it asserts the right of everyone to leave the territory of any state and therefore to escape the jurisdiction of any state. Although conditions in the world must change substantially for this principle to be always practicable, the import of its proclamation is the recognition that state sovereignty over the individual can be limited in the future.

The Gilets Jaunes and the New Social Contract

2021 ◽  
Author(s):  
Charles Devellennes
Keyword(s):  
Social Movement ◽  
Social Contract ◽  
Political Leaders ◽  
The Social ◽  
The World ◽  
Fundamental Challenge ◽  
New Type ◽  
The Individual ◽  
The Right ◽  
The Impact

This book provides a detailed account of the gilets jaunes, the yellow vest movement that has shaken France since 2018. The gilets jaunes are a group of French protesters named after their iconic yellow vests worn during their demonstrations, who have formed a new type of social movement. They have been variously interpreted since they began their occupation of French roundabouts: at first received with enthusiasm on the right of the French political establishment, and with caution on the left. They have provided a fundamental challenge to the social contract in France, the implicit pact between the governed and their political leaders. The book assesses what lessons can be drawn from their activities and the impact for the contemporary relationship between state and citizen. Informed by a dialogue with past political theorists — from Hobbes, Spinoza and Rousseau to Rawls, Nozick and Diderot — and reflecting on the challenges posed by the yellow vest movement, the book rethinks the concept of the social contract for contemporary societies around the world. It proposes a new relationship between the state and the individual, and establishes the necessity of rethinking the modern democratic nature of our representative polities in order to provide a genuine process for the healing of social ills.

scholarly journals Prawo do opieki dyplomatycznej i konsularnej – przyczynek do rozważań w świetle standardu międzynarodowego

2019 ◽  
pp. 143-162
Author(s):  
Krzysztof Kozłowski
Keyword(s):  
International Law ◽  
Host Country ◽  
Standard Of Care ◽  
Point Of View ◽  
Legal Standard ◽  
The Subject ◽  
Definition Of ◽  
The Individual ◽  
The Right ◽  
Subjective Rights

This article aims at analyzing the right to diplomatic and consular protection in the context of the standard resulting from international law. It tries to give a definition of this institution, pointing to its public and subsidiary nature. It also points out that diplomatic and consular assistance is carried out in a situation of conflict between the interests of the individual and the country of origin, and that of the host country. The article also discusses the subject and subject matter of consular and diplomatic care.                 Moreover, the study comments on the specific features of this right from the point of view of the complexity and effectiveness of the protection of rights at the international level. In this context it was pointed out that the right to diplomatic and consular protection is not a classic right, but can be considered as an instrument for the operation of other rights or freedoms. The right to consular and diplomatic care is devoid of homogeneous regulation, but also depends on the legal standard of care offered by the home state and must be within the limits set by the host country. The scope of its application may be related to any legal event that may occur when the entity is in a situation of contact with the legal system of the receiving state.                 The discussions under consideration highlighted the subsidiarity of the right to diplomatic and consular assistance for the exercise by the individual of his or her rights and freedoms. However, There is no complete protection standard in this respect, which is conducive to the lack of exhaustive regulation at the convention level, which, in extreme cases, can jeopardize the exercise by the individual of his or her subjective rights, that is to ensure its adequate protection standard in the territory of the host country.

scholarly journals Determining the responsibilities of inheritors

2021 ◽  
pp. 30-34
Author(s):  
A.V. Goncharova
Keyword(s):  
Property Rights ◽  
Legal Status ◽  
Time Of Death ◽  
The Will ◽  
The Subject ◽  
The Individual ◽  
The Right ◽  
Subjective Rights

Like subjective rights, responsibilities are part of the legal status of the individual. In the theory of state and law, duty is understood as a measure of proper conduct established by law. The peculiarity of the responsibilities of the heir is that at the time of acceptance of the inheritance, the heir passes not only the asset but also the liability. The heir who inherited the heir is liable for the debts of the testator. The exercise of the right to inherit primarily consists in the fact that the heir has the right to accept the inheritance or to refuse it. At the same time, it is not allowed to accept an inheritance with a condition or with any reservation. At the heart of the realization of the right to inherit - the will of the heir. The heir decides to accept the inheritance, to refuse it or not to accept the inheritance, based on their own interests. The freedom to renounce the inheritance is also manifested in the choice of the method of renunciation: either in favor of a particular heir, or without specifying such. At the time of death, the testator ceases to be the subject of any relationship, loses subjective rights and obligations. In turn, the heirs acquire property rights and subjective rights and obligations only with the passage of time. It is not possible to inherit only rights without fulfilling the obligations arising from the acceptance of the inheritance. It is also not possible to transfer the performance of one's duties to another person in order to be able to exercise one's inheritance right. To the heirs pass not only the rights of the testator, but also his responsibilities (translational succession), even if they were not specified in the will, because the inheritance is a universal succession. In universal succession, the whole set of rights and responsibilities of the testator's predecessor passes to the heir, except those that are closely related to the testator's personality. In this case, all components of this set belonging to the testator are transferred to a single act.

scholarly journals PSYCHOLOGICAL MANIFESTATIONS OF MASS PANDEMIC CONSCIOUSNESS

2021 ◽  
Vol 1 (13) ◽  
pp. 10-14
Author(s):  
Olha V. Drobot
Keyword(s):  
Theoretical Analysis ◽  
Magical Thinking ◽  
Future Expectations ◽  
Psychological Reactions ◽  
Change Perceptions ◽  
Mass Consciousness ◽  
The World ◽  
Emotional Deprivation ◽  
The Individual ◽  
The Right

The COVID-19 pandemic contributes to numerous transformations of mass consciousness of varying content, depth and duration. Pandemic consciousness is considered by the author as the total amount of extreme and exaggerated assessments, views and attitudes which gain independence and become a mass trend, reflecting the current state of epidemic situation. The notion of pandemic consciousness of each of the subjects of public life (an individual, a group, a class, a nation, society as a whole) has several specific features and requires analysis from a scientific standpoint. The purpose of the study. The purpose of the study is a theoretical analysis of the phenomenon of pandemic consciousness as a special state of mass consciousness of society. Research methods include analysis, synthesis, comparison, specification, generalization, analogy and method of data triangulation. Results. Pandemic consciousness is a state of mass everyday consciousness that finds its expression in the indirect reflection of everyday life, its purpose being to assist society in meeting its needs related to physical and economic survival. An attempt was made to consider the procedural structure of consciousness which consists of six main elements, including: knowledge, thinking, emotions, attention, memory and will. Theoretical analysis of the phenomenon proved that basic manifestations of pandemic consciousness are situated in the cognitive plane – the phenomenon of infodemia, conspiracy theories, magical thinking, revival of enemy archetypes and conspiracies, search for new meanings, escape from unfavorable reality, generation of new simulacra, alarmism and angst-ridden future expectations. A number of negative psychological reactions to the pandemic were detected in the emotional plane of pandemic consciousness – sensory and emotional deprivation, increased feelings of danger and helplessness, anxiety, irritability, emotional exhaustion. The use of stereotypes simplifies reality and its image during pandemics. Pandemic experiences are influenced by the dynamics of personal needs, expectations integrated by the individual. The right way to alleviate the acute states of pandemic consciousness is to change perceptions of the world, vitality, tolerance for uncertainty, and one’s own life position.The main group of verbal stimuli that activate the causal links of pandemic fears are: COVID-19, virus, epidemic, pandemic, infection, contamination, risk of infection, unmasked person, disease, hospital. Conclusions. It is concluded that the crisis that humanity is experiencing today is primarily an existential crisis. It is concluded that one of the main ways to correct the acute states of pandemic consciousness is to change perceptions of the world.

Zugehörigkeit als Menschenrecht

2021 ◽  
Vol 2021 (2) ◽  
Author(s):  
Niels Weidtmann
Keyword(s):  
Political Community ◽  
Human Right ◽  
Regulative Idea ◽  
The World ◽  
The Individual ◽  
The Right

Based on her own experience of long years of statelessness, Arendt demands that the right of the individual to belong to a political community be recognized as the only human right. However, while the »right to have rights« can serve as a regulative idea, belonging that respects an individual’s personhood can neither be decreed nor granted but must have constitutive meaning for the individual. In the article, belonging therefore is described as different ways of a human’s being-in-the-world or simply as different ways of experience.

Happiness as an Expression of Health

2022 ◽  
pp. 311-332
Author(s):  
Rodolfo Andrade de Carvalho ◽  
Jorge Lima de Magalhães
Keyword(s):  
Global Health ◽  
21St Century ◽  
Well Being ◽  
Right To Health ◽  
World Health ◽  
The World ◽  
Health Organization ◽  
The Individual ◽  
The Right ◽  
Legal Interventions

Health gained a global prominence and became a right declared by the World Health Organization in 1948. In the 21st century, it is understood as a complete well-being of the individual, far beyond the absence of disease. In this context, the right to happiness translates as an expression of the aspirations for the realization of the right to health. Thus, this chapter aims to understand, in the light of the Freudian perspective, the aspects of soul life that lead the individual to the exhausting task of seeking happiness and seeks to reflect the possible contributions that legal science can offer to the improvement of individual well-being as a right health in the context of global health. Freud's theories about the formation of the psychic apparatus, his conception of malaise caused by culture and legal interventions that can possibly contribute to the reduction of individual unhappiness are presented.

Sources of toleration: Individuals, cultures, institutions

2019 ◽  
Vol 45 (4) ◽  
pp. 360-369
Author(s):  
Volker Kaul
Keyword(s):  
Practical Reason ◽  
John Rawls ◽  
Institutional Design ◽  
Institutional Setting ◽  
Clash Of Civilizations ◽  
Institutional Frameworks ◽  
The People ◽  
The Individual ◽  
The Right ◽  
Different Sources

Nowadays the question of toleration is less related to an international clash of civilizations than to the clashes that take place within the states and polities themselves. The article addresses the sources of toleration in this new global scenario, starting from the following set of questions: Do the sources of toleration differ across time and space? Does toleration have different roots in different civilizational contexts, such as China, India or Islam? Or, is toleration the result of particular institutional frameworks and designs? In this case, does the concept of toleration vary from one institutional setting to the other? Do empires, republics and democracies give rise to different forms of toleration? And last but not least, isn’t toleration rather a matter of individual morality, as many liberal theories sustain? The article distinguishes between three different sources of toleration: individuals, cultures and institutions. Kant and contemporary liberals, as John Rawls who follows him, situate the source of toleration in the individual itself and the capacity for practical reason. More communitarian-oriented thinkers, as Michael Walzer, defend ‘a historical and contextual account of toleration and coexistence’, arguing that ‘the best political arrangement is relative to the history and culture of the people whose lives it will arrange’. The institutionalist account, which goes back to John Locke’s A Letter Concerning Toleration establishing the separation between state and church, holds that it is the right institutional design that grounds toleration. The article concludes that political strategies aiming to cultivate toleration must take into account the causes of intolerance.

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