Comparing the incomparable and legal discourse

Semiotica ◽  
2016 ◽  
Vol 2016 (209) ◽  
pp. 5-14
Author(s):  
Augusto Ponzio
Keyword(s):  
Human Rights ◽  
Emmanuel Levinas ◽  
Personal Responsibility ◽  
Legal Discourse ◽  
The State ◽  
Point Of View ◽  
The Other ◽  
Absolute Difference ◽  
Human Being ◽  
The Law

AbstractIt is not with the State that personal responsibility arises towards the other. According to Emmanuel Levinas, the other is every single human being I am responsible for, and I am this responsibility for him. The other, my fellow, is the first comer. But I do not live in a world with just one single “first comer”; there is always another other, a third, who is also my other, my fellow. Otherness, beginning with this third, is a plurality. Proximity as responsibility is a plurality. There is a need for justice. There is the obligation to compare unique and incomparable others. This is what is hidden, unsaid, implied in legal discourse. But recourse to comparison among that which cannot be compared, among that which is incomparable is justified by love of justice for the other. It is this justification that confers a sense to law, which is always dura lex, and to the statement that citizens are equal before the law. From this point of view, State justice is always imperfect with respect to human rights understood as the rights of the other, of every other in his absolute difference, in his incomparable otherness.

Penerapan Hukum Progresif dalam Penyelesaian Konflik Agraria

2020 ◽  
Vol 3 (2) ◽  
pp. 33-43
Author(s):  
Setiyo Utomo
Keyword(s):  
Human Rights ◽  
Land Ownership ◽  
The State ◽  
Comparative Approach ◽  
Human Being ◽  
Environmental Aspects ◽  
Comparative Analyses ◽  
The People ◽  
The Law

This article aims  to analyse ongoing agrarian conflicts by providing recommendations in a progressive legal paradigm approach so that people's rights can be protected. This study uses a normative juridical approach by conducting several comparative analyses of the case approach and the comparative approach of various unresolved agrarian disputes. The main finding of this research is the explosion of increasingly widespread agrarian conflicts until unresolved agrarian conflicts. Settlement of agrarian conflict disputes can be resolved if the law works as its purposes. Hence, the main point of understanding the resolution of agrarian conflicts is people awareness toward access or land ownership of as the fundamental right of every human being, which the State must fulfil according to the mandate of the constitution. The application of progressive law is expected to help resolving agrarian conflicts that prioritize human rights by considering environmental aspects to improve the people welfare through land ownership.

TAKING OMNIBUS LAW SERIOUSLY

2021 ◽  
Vol 12 (2) ◽  
pp. 21
Author(s):  
Diah Imaningrum Susanti
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Sustainable Development Goals ◽  
Job Creation ◽  
The State ◽  
Point Of View ◽  
Material Object ◽  
Research Approach ◽  
Development Goals ◽  
The Law

Abstract:This article tries to understand the Omnibus Law on Job Creation and its relation to the Sustainable Development Goals/ SDGs as an aspect of the protection of human rights as the responsibility of the state.  The research approach is a normative legal research using a hermeneutical circle analysis. The main object (material object) is the norms in UUCK and related statutes which have been amended, added, or substituted by the Law on Job Creation. The norms studied are stated in the articles of the Law on Job Creation, especially norms that deal with environment and sustainable development. Hermeneutical analysis, from the linguistic and phenomenological point of view,  isused in order to  find the meaning of law from the linguistic and historical point of view, and the nature of the State as the protector of citizens’ human right. The findings are divided into 3 points. First, in terms of the process, this law is a tactical and political response from decision makers to complex and dynamic situations that can in fact lead to complicated derivative problems if the responses are not based on a framework based on the principles and basic values of the state. Dealing with the growth agenda in SDGs, the Law on Job Creation still calls into question whether the Law enshrines the easiness of business and full employment and decent work as human rights obligations of the state, or merely as benefits of economic growth. So it still presents both opportunities for human rights monitoring and accountability.   Keywords: Omnibus Law, Job Creation, Sustainable Development Goals   Abstrak:Tulisan ini mencoba untuk memahami Omnibus Law Cipta Kerja dalam kaitannya dengan Tujuan Pembangunan Berkelanjutan (Sustainable Goals/SDGs) sebagai suatu aspek dari perlindungan HAM yang merupakan tanggung jawab negara. Penelitian dilakukan dengan menggunakan pendekatan penelitian ilmu hukum normatif menggunakan analisa lingkar hermeneutika. Obyek utamanya adalah norma dalam Undang-undang Cipta Kerja dan peraturan perundang-undangan terkait yang telah diubah, ditambahkan atau digantikan oleh undang-undang ini. Norma yang dikaji dimuat dalam pasal-pasal Undang-Undang Cipta Kerja, khususnya aturan-aturan mengenai lingkungan hidup dan pembangunan berkelanjutan. Analisa hermeneutika dari sudut pandang bahasa dan fenomologi, digunakan dengan maksud untuk menemukan makna hukum dari aspek linguistik dan sejarah, serta hakekat Negara sebagai pelindung HAM warga negaranya. Hasil temuan dalam kajian ini dibagi dalam tiga poin. Pertama, dalam hal proses, undang-undang ini merupakan respon penentu kebijakan yang bersifat taktis dan politis terhadap situasi yang kompleks dan dinamis yang pada kenyataannya justru membawa pada permasalahan derifativ yang kompleks jika  tindakan pemerintah tersebut tidak didasarkan pada kerangka kerja yang menjadi prinsip-prinsip dan nilai-nilai fundamental Negara. Mengacu pada agenda SDGs, Undang-Undang Cipta Kerja perlu untuk dikaji lebih dalam apakah aturan-aturan di dalamnya memperkuat kemudahan usaha dan kewajiban negara menjamin hak asasi pekerja secara penuh, atau hanya bermanfaat untuk pertumbuhan ekonomi. Hal ini masih memberikan kesempatan untuk pengawasan HAM dan akuntabilitas. Kata Kunci: Omnibus Law, Cipta Kerja, Sustainable Development Goals

DEFINITION OF THE PUBLIC SECURITY AND ORDERLINESS ENSURING MECHANISM IN UKRAINE

2018 ◽  
Vol 1 (11) ◽  
pp. 155-163
Author(s):  
Marina Aleksandrovna Kalievskaya
Keyword(s):  
Human Rights ◽  
Development Strategy ◽  
State Policy ◽  
The State ◽  
Point Of View ◽  
Public Security ◽  
National Priority ◽  
Institu Tions ◽  
Protection Of Human Rights ◽  
Definition Of

In this article, a model of the mechanism of ensuring public security and orderliness in accordance with the principles and tasks of the relevant institu- tions in public administration, taking into account resources, technologies, mea- sures for the state policy implementation in the spheres of ensuring the protection of human rights and freedoms, the interests of society and the state, combating crime, maintaining public security and order. It was found that ensuring public security and order in Ukraine is a mechanism for the implementation of national goals of state policy in the areas of ensuring the protection of human rights and freedoms, the interests of society and the state, combating crime, maintaining public security and order, by defining tasks according to certain principles. The idea is that if one considers the state policy in the spheres of ensuring the protec- tion of human rights and freedoms, the interests of society and the state, combat- ing crime, maintaining public security and order as a national priority (purpose, task), then the mechanism of ensuring public security and order in Ukraine needs coordination with the state development strategy. From the point of view of the implementation of the state policy in the areas of ensuring the protection of hu- man rights and freedoms, the interests of society and the state, combating crime, maintaining public security and order, the mechanism of ensuring public security and order in Ukraine can be considered as the main system providing intercon- nection such elements as institutions (implementing the specified state policy), resources (human resources, logistical, natural and so on, with the help of which it is possible to implement state policy), technologies (skills, knowledge, means and so on the implementation of state policy), measures (action plans), as well as external (internal) threats.

Human Rights Activities as a Function of the Prosecutor’s Office

2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
Main Function ◽  
Federal Law ◽  
The Subject ◽  
The Russian Federation ◽  
The Law

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.

scholarly journals The Law Challenged and the Critique of Identity with Emmanuel Levinas

2021 ◽  
Author(s):  
Susan Petrilli
Keyword(s):  
Human Rights ◽  
Emmanuel Levinas ◽  
Object Relation ◽  
Legal Order ◽  
The Other ◽  
Ethical Orientation ◽  
New Humanism ◽  
Present Essay ◽  
The Face ◽  
The Subject

AbstractIdentity as traditionally conceived in mainstream Western thought is focused on theory, representation, knowledge, subjectivity and is centrally important in the works of Emmanuel Levinas. His critique of Western culture and corresponding notion of identity at its foundations typically raises the question of the other. Alterity in Levinas indicates existence of something on its own account, in itself independently of the subject’s will or consciousness. The objectivity of alterity tells of the impossible evasion of signs from their destiny, which is the other. The implications involved in reading the signs of the other have contributed to reorienting semiotics in the direction of semioethics. In Levinas, the I-other relation is not reducible to abstract cognitive terms, to intellectual synthesis, to the subject-object relation, but rather tells of involvement among singularities whose distinctive feature is alterity, absolute alterity. Humanism of the other is a pivotal concept in Levinas overturning the sense of Western reason. It asserts human duties over human rights. Humanism of alterity privileges encounter with the other, responsibility for the other, over tendencies of the centripetal and egocentric orders that instead exclude the other. Responsibility allows for neither rest nor peace. The “properly human” is given in the capacity for absolute otherness, unlimited responsibility, dialogical intercorporeity among differences non-indifferent to each other, it tells of the condition of vulnerability before the other, exposition to the other. The State and its laws limit responsibility for the other. Levinas signals an essential contradiction between the primordial ethical orientation and the legal order. Justice involves comparing incomparables, comparison among singularities outside identity. Consequently, justice places limitations on responsibility, on unlimited responsibility which at the same time it presupposes as its very condition of possibility. The present essay is structured around the following themes: (1) Premiss; (2) Justice, uniqueness, and love; (3) Sign and language; (4) Dialogue and alterity; (5) Semiotic materiality; (6) Globalization and the trap of identity; (7) Human rights and rights of the other: for a new humanism; (8) Ethics; (9) The World; (10) Outside the subject; (11) Responsibility and Substitution; (12) The face; (13) Fear of the other; (14) Alterity and justice; (15) Justice and proximity; (16) Literary writing; (17) Unjust justice; (18) Caring for the other.

The confrontation between essence and existence in Plato and Aristotle’s ideas in art

2015 ◽  
Vol 16 (SE) ◽  
pp. 161-170
Author(s):  
Ramin Keshavarz ◽  
Moheb Ali Absalan
Keyword(s):  
Point Of View ◽  
The Other ◽  
Human Being ◽  
Art World ◽  
Art And Science ◽  
Other Hand ◽  
Art Philosophy ◽  
Theory Of Forms

Plato by proposing the "theory of forms" changed the essence of truth and he converted it from sensorial case to extrasensory. As a result, he disparaged art and beauty that they were depended with world of phenomena and senses. He considered idea’s position in the sphere of institute and episteme and placed sensorial case, "Doxa" and "Eikon" as base of art that from his point of view is not world of "to be" and "not to be", but its world of representation and as a result he interpreted art world and it’s product as a false phenomena. He claimed that art relates with revealed component of ego that causes irreparable ruin for human being and has relationship with "Episteme". In the other hand, Aristotle unlike Plato believed in art and existence originality and considered art as a result of human’s episteme and rationality. He introduced adequacy, cognition natural talent as three principle of art. He claimed art and science deal with episteme and knowledge and they are common at the end. But what is Plato and Aristotle disagreement in sphere of art and from where it originates? And which cases are not similar in the sphere of art? The following essay will explain Plato and Aristotle’s art philosophy and comparing and explaining their ideas with relating existence originality and essence originality.  

Between the utopian imaginaries of literature and international law: The question of the insurgent child in international legal discourse and Kris Montañez’s Youth

2021 ◽  
pp. 1-20
Author(s):  
José Duke S. Bagulaya
Keyword(s):  
Civil War ◽  
International Law ◽  
Legal Discourse ◽  
The State ◽  
The Other ◽  
State Of Exception ◽  
Utopian Vision ◽  
The World ◽  
Realistic Representation ◽  
The One

Abstract This article argues that international law and the literature of civil war, specifically the narratives from the Philippine communist insurgency, present two visions of the child. On the one hand, international law constructs a child that is individual and vulnerable, a victim of violence trapped between the contending parties. Hence, the child is a person who needs to be insulated from the brutality of the civil war. On the other hand, the article reads Filipino writer Kris Montañez’s stories as revolutionary tales that present a rational child, a literary resolution of the dilemmas of a minor’s participation in the world’s longest-running communist insurgency. Indeed, the short narratives collected in Kabanbanuagan (Youth) reveal a tension between a minor’s right to resist in the context of the people’s war and the juridical right to be insulated from the violence. As their youthful bodies are thrown into the world of the state of exception, violence forces children to make the choice of active participation in the hostilities by symbolically and literally assuming the roles played by their elders in the narrative. The article concludes that while this narrative resolution appears to offer a realistic representation and closure, what it proffers is actually a utopian vision that is in tension with international law’s own utopian vision of children. Thus, international law and the stories of youth in Kabanbanuagan provide a powerful critique of each other’s utopian visions.

scholarly journals PERTANGGUNGJAWABAN ADVOKAT SEBAGAI GATEKEEPER DALAM KAITANNYA DENGAN TINDAK PIDANA PENCUCIAN UANG

Media Iuris ◽  
2018 ◽  
Vol 1 (2) ◽  
pp. 350
Author(s):  
Rendy Ardy Septia Yuristara
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Money Laundering ◽  
Legal Profession ◽  
The State ◽  
Professional Responsibilities ◽  
Basic Purpose ◽  
The Law

Advocates are the most vulnerable professions to be Gatekeepers in money laundering. Indeed, the advocate profession is part of the law enforcement apparatus that can contribute better in preventing money laundering activities to develop. Affirmation about the role of advocate that can suppress the occurrence of money laundering crime, that is with the issuance of PP. 43 of 2015, which places advocates as one of the reporting parties in the agenda of eradicating money laundering crime. However, the substance of the rule draws criticism from some misguided advocates in interpreting the intent and purpose of the arrangement. Moreover there are some advocates who consider that the rule is against the rules that regulate immunity rights in the profession advocate. The misinterpretation of some advocates related to the immunity rights inherent in the profession, causing the work of the advocate profession to be considered irrelevant, and not worthy of being called the nobleprofession (OfficiumNobile), But as a bad profession in integrity and promoting commercialization. In fact, the basic purpose of the arrangement of PP. 43 of 2015, which places the advocate profession as one of the reporting parties on the eradication agenda of money laundering, is a form of respect for the profession of advocate who is a noble profession, by prioritizing his professional responsibilities to the state, society and God, as well as his obligations as part of The legal profession to uphold the law and uphold the value of human rights while on duty.

scholarly journals JAMINAN HUKUM TERHADAP WAJIB PAJAK DALAM PENYELESAIAN SENGKETA PAJAK

2021 ◽  
Vol 3 (1) ◽  
pp. 21-28
Author(s):  
Liberthin Palullungan ◽  
Ririn Thomas
Keyword(s):  
Human Rights ◽  
The State ◽  
The Law ◽  
Existing Data ◽  
Secondary Materials

In the life of the state, where there is a relationship between humans and humans, there are always rules that bind it, namely the law. Law regulates human rights and obligations. The purpose of this study is to find out what factors can hinder the process of resolving tax disputes. This research uses type. This study uses a type of normative juridical research sourced from primary and secondary materials, which were analyzed qualitatively by descriptively describing the results of the existing data. The results of this study indicate that the factors that hinder the process of resolving tax disputes are factors in the administration sector, namely the existence of the first obligation of the Taxpayer to pay 50% (fifty percent) of the total tax payable. Then in the field of justice, namely regarding the obligation of judges to present the appellate party or defendant in examination at trial.

scholarly journals Menneskeverd og menneskerettighetsundervisning: En sosialsemiotisk multimodalitetsanalyse og drøfting av verdighetsbegrepet i filmen A Path to Dignity: The Power of Human Rights Education

2019 ◽  
pp. 141-168
Author(s):  
Eva Maagerø ◽  
Ådne Valen-Sendstad
Keyword(s):  
Human Rights ◽  
Young Children ◽  
Research Question ◽  
The State ◽  
Muslim Woman ◽  
The Other ◽  
Human Rights Education ◽  
Indian Children ◽  
Concern For Others ◽  
Analytical Tools

This chapter is an analysis and discussion of the globally popular human rights education film: A Path to Dignity: the Power of Human Rights Education. The film is produced by Ellen Bruno and is a cooperation with the UN department OHCHR and the human rights education organisations HREA and SGI. The film combines human rights education and dignity. Our research question is how human rights education and dignity is presented and understood in the film. The film is organized in three parts, and addresses Indian children, a Muslim woman and police in Australia. We have analysed the part about the young children in India. In our discussion of the film we have applied social semiotic theory and related analytical tools. We have analysed the representations, interactions and composition of the film. The result of the analysis shows a focus on the local situation of the children. Through human rights education the children experience a transformation in gaining a sense of dignity. This leads to a particular concern for others whose dignity is violated. The state that is responsible for their human rights is not addressed. The film presents human rights education with an interest for individual children, and dignity is understood morally, as responsibility for the other.

Sign in / Sign up

Export Citation Format

Share Document