scholarly journals Ruminations on Terrorism: Expiation and Exposition

2007 ◽  
Vol 10 (4) ◽  
pp. 554-581 ◽  
Author(s):  
Christopher L. Blakesley
Keyword(s):  
Middle Ages ◽  
State Government ◽  
Criminal Law ◽  
Due Process ◽  
Well Being ◽  
Basic Principles ◽  
State Actors ◽  
Good Order ◽  
Definition Of ◽  
Criminal Conduct

To paraphrase Richard Falk: Terrorism is political or ideological violence without restraint of law or morality. This article will consider terrorism and reactions to terrorism through a prism of history, philosophy, literature, and law. It is an attempt to show how terrorism is committed by state actors, as well as non-state-actors. I argue that intentional or reckless slaughter of innocents or torturing "enemies" constitutes terrorism and that it ultimately erodes a state's or a group's morality and well-being. Most nations and groups define terrorism in a way that "allows" them to commit atrocity, but condemns "others" who commit the same acts. This ultimately promotes terrorism. Some definitions obscure the line between terrorism as a crime and terrorism as a tactic or strategy of armed conflict. It is important that the law not do this, as I argue that terrorism is criminal conduct. In addition, many, perhaps most, definitions of terrorism, even in criminal statutes and treaties, do not comport with basic principles of criminal law, such as principles of legality, due process, and other human rights and constitutional norms. I will also compare terrorism to other core international concepts, such as war crimes and crimes against humanity. Thus, the article will consider terrorism as a crime, noting the conceptual relationship between terrorism and basic domestic and international substantive criminal law. I will present a definition of terrorism as a crime, including its constituent elements. This allows me to study terrorism in the context of basic principles of culpability and innocence. The definition applies to conduct whether performed by state or government actors, by those who attack innocents to get at state government, or who use it against innocent members of factions whom they don't see as adhering to the actor's vision of "good order." Much of the article, however, is aimed at providing context by analyzing historical evidences of terrorism, including torture and other atrocities, designed to promote the power of those committing it. Thus, I will present an historical and comparative excursus, considering terrorism or analogous conduct and its punishment from antiquity, through the Middle Ages, to the present day, to show why such conduct ought to be punished.

scholarly journals Deep foundations of happiness. Principal fundamentals of different types of understanding happiness

2021 ◽  
Vol 76 (1) ◽  
pp. 23-29
Author(s):  
L. Samarska ◽  
◽  
N.M. Sas ◽  
Keyword(s):  
Time Management ◽  
Well Being ◽  
Free Play ◽  
Deep Foundations ◽  
Subjective Well Being ◽  
Physiological Basis ◽  
Basic Principles ◽  
Theoretical Approaches ◽  
Different Types ◽  
Definition Of

The choice of the article’s topic is conditioned by the necessity to develop happiness management (such as knowledge management, time management, etc.). With considerable attention to the definition of “happiness”, the analysis of recent publications reveals that it is crucial to understand the deep foundations of happiness, create a typology, reveal the basic principles of different types of understanding of happiness, which was chosen as the topic research. Theoretical approaches to the definition of “happiness” are chosen sociology of imagination of G. Durand, the theory of archetypes of C. Jung, and the theory of images and dreams of G. Bachelard. In the context of this system of views, the idea of happiness is the result of a free play of the imagination, which, while being on the path from past to future, is transformed, revealed, comes accurate as a result of previous collective and individual intermediate ideas, and is enriched and concretised by individual people, social groups, individuals. The mythos of happiness across nations and people differs in the way, method, and tools of individuation, the discovery of the Self. The anthropological tract of happiness has an end to its existence. It is determined by the cessation of existence, the life of nations and individuals. The desire to experience pleasure (according to Freud), the desire to rise (according to Durand) are reflexive, which determines the physiological basis of happiness. Representations of happiness determine priorities, coordinate the direction of thinking, actions, reactions to external circumstances, and choose ways to achieve happiness. This is done through the transcendental function (according to Jung) – a psychological function that arises from the connection of the content of the unconscious with the content of consciousness. Achieving happiness allows one to strengthen the subjectivity and reveal their uniqueness, which allows them to identify typological features (archetypes) of behavioural reactions of people based on individual and group ideas about happiness. The authors reveal the basic foundations of such archetypes of happiness as hedonism, eudemonia, “rat racing”, nihilism, subjective well-being.

In varietate concordia

Moreana ◽  
2006 ◽  
Vol 43 (Number 165) (1) ◽  
pp. 23-33
Author(s):  
Kevin Eastell
Keyword(s):  
Middle Ages ◽  
Community Identity ◽  
Greek City ◽  
Political Unity ◽  
The Reformation ◽  
Hanseatic League ◽  
Economic Collaboration ◽  
Unity In Diversity ◽  
Founding Principle ◽  
Definition Of

Beginning with the complexities involved in the definition of the modern European Community identity, the author proceeds to examine the historical dimensions of the development of Europe as a continent. The Roman and Greek antecedents are recognised and the emergence of Constantinople as a pivotal consideration is discussed. By the early 16th century, what Europe meant is explained in more comprehensive terms than those that prevail today. The unity of Christendom under the papacy is identified as germane to the political unity of Europe as a continent. The Reformation unleashed a process of disintegration and division into national and religious states that has taken centuries to begin to heal. Recognising the failure of modern European structures to secure cohesion among its member countries, the article recognises an attempt to develop unity in diversity: based on the notion of economic collaboration berween trading cities. This notion was very much a feature of the Hanseatic League of the middle-ages, and indeed a founding principle of the Greek city confederacy. History remains a potent and pertinent dimension in our understanding of Europe as a continental concept.

A Philosophical Analysis To Uncover The Meaning And Terminology Of Person In Indonesian Criminal Law Context

2017 ◽  
Vol 1 (1) ◽  
pp. 56
Author(s):  
Nani Mulyati ◽  
Topo Santoso ◽  
Elwi Danil
Keyword(s):  
Criminal Law ◽  
Sufficient Conditions ◽  
Criminal Code ◽  
Legal Person ◽  
Philosophical Approach ◽  
Legal Personality ◽  
Legal Subject ◽  
Long Time ◽  
Definition Of ◽  
Broad Meaning

The definition of person and non-person always change through legal history. Long time ago, law did not recognize the personality of slaves. Recently, it accepted non-human legal subject as legitimate person before the law. This article examines sufficient conditions for being person in the eye of law according to its particular purposes, and then, analyses the meaning of legal person in criminal law. In order to do that, scientific methodology that is adopted in this research is doctrinal legal research combined with philosophical approach. Some theories regarding person and legal person were analysed, and then the concept of person was associated with the accepted definition of legal person that is adopted in the latest Indonesian drafted criminal code. From the study that has been done, can be construed that person in criminal law concerned with norm adressat of the rule, as the author of the acts or omissions, and not merely the holder of rights. It has to be someone or something with the ability to think rationally and the ability to be responsible for the choices he/she made. Drafted penal code embraces human and corporation as its norm adressat. Corporation defined with broad meaning of collectives. Consequently, it will include not only entities with legal personality, but also associations without legal personality. Furthermore, it may also hold all kind of collective namely states, states bodies, political parties, state’s corporation, be criminally liable.

Konsep dan Praktik Pelestarian Lingkungan dalam Hukum Islam

2020 ◽  
Author(s):  
Evra Willya ◽  
Sabil Mokodenseho ◽  
Muh. Idris ◽  
Nasruddin Yusuf
Keyword(s):  
Social Movements ◽  
Islamic Law ◽  
Well Being ◽  
Future Generations ◽  
Social Activities ◽  
Environment Pollution ◽  
Human Relations ◽  
Basic Principles ◽  
Human Actions ◽  
The Earth

In the Al Qur’an, Allah SWT describes the damages and destructions caused by human actions on land and sea. Therefore, humans are obliged to maintain and preserve their environment for future generations. This obligation aims at protecting their interests, due to the various beneficial sources of life attributed to humans existence on earth. In order to maintain the balance and harmony of human relations with nature, and to realize order and social well-being, Islamic Law upholds some basic principles of social activities, to guarantee an orderly, balanced, and harmonious life for the development and social movements life in a stable and orderly manner. Subsequently, environment pollution and damage to the earth are eradicated, thereby, restoring balance and harmony.

Historical Experience of Criminalization: to the Centenary of the Guiding Principles on Criminal Law of the RSFSR

2019 ◽  
pp. 31-35
Author(s):  
Ivan Kozachenko
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Historical Experience ◽  
Law System ◽  
Political Situation ◽  
Historical Method ◽  
Advantages And Disadvantages ◽  
Concept Planning ◽  
Guiding Principles ◽  
Definition Of

The creation of the Guiding Principles on the Criminal Law of the RSFSR of 1919 is studied taking into account extremely complicated internal and external political situation in the country at the beginning of the twentieth century. Using the methods of analysis, synthesis, as well as comparative and historical method, the author determines the significance of the Guiding Principles in the law system of the young Soviet state. Some key norms of the document are examined. In particular, the definition of criminal law is analyzed and its advantages and disadvantages are identified. It is noted that the definition of a crime was formulated too broadly, and more significant steps in criminalization of different acts were made with the adoption of the RSFSR Criminal Code of 1922. It is indicated which persons were not punished according to the Guidelines. Attention is drawn to the way in which such a method of protection as necessary defense was set forth in this act. The Guiding Principles are not without certain disadvantages: for example, the institution of complicity is not sufficiently disclosed, there is lexical redundancy in the definition of the concept «planning the offence». However, the discrepancies between the main provisions covered in the Guidelines are explainable and excusable, taking into account the historical situation at the time of their adoption. The analyzed document became the basis for Russian criminal law, and some of its provisions are still relevant.

Ildar Garipzanov, Caroline Goodson, and Henry Maguire, ed., Graphic Signs of Identity, Faith, and Power in Late Antiquity and the Early Middle Ages. Cursor Mundi, 27, Turnhout: Brepols, 2017, xviii, 392 p., 141 ill.

Mediaevistik ◽  
2020 ◽  
Vol 32 (1) ◽  
pp. 377-379
Author(s):  
Kriszta Kotsis
Keyword(s):  
Middle Ages ◽  
Interdisciplinary Research ◽  
Late Antiquity ◽  
Visual Communication ◽  
Group Identity ◽  
Religious Affiliation ◽  
Late Antique ◽  
The Third ◽  
Cursor Mundi ◽  
Definition Of

Late antique and early medieval graphic signs have traditionally been studied by narrowly focused specialists leading to the fragmentation and decontextualization of this important body of material. Therefore, the volume aims “to deepen interdisciplinary research on graphic signs” (7) of the third through tenth centuries, with contributions from archaeologists, historians, art historians, a philologist, and a paleographer. Ildar Garipzanov’s introduction defines the central terms (sign, symbol, graphicacy), calls for supplanting the text-image binary with “the concept of the visual-written continuum” (15), and argues that graphicacy was central to visual communication in this period. He emphasizes the agency of graphic signs and notes that their study can amplify our understanding of the definition of personal and group identity, the articulation of power, authority, and religious affiliation, and communication with the supernatural sphere.

Approaches to the definition of territorial backwardness in the regional development management

2020 ◽  
Vol 93 (4) ◽  
pp. 60-73
Author(s):  
E. B. Veprikova ◽  
◽  
A. A. Kislenok ◽  
Keyword(s):  
Economic Growth ◽  
Public Policy ◽  
Russian Far East ◽  
Far East ◽  
Well Being ◽  
Spatial Development ◽  
Territorial Development ◽  
Development Management ◽  
Gradual Process ◽  
Definition Of

Reducing the level of interregional differentiation is one of the problems in spatial development management according to the Spatial Development Strategy of the Russian Federation. Presence of significant regional imbalances hampers formation of a common economic, social, cultural, and institutional space and lead to a creation of backward territories which lag behind in the development. The focus of public policy measures on the centers of economic growth, with the concentration of financial and labor resources, without solving the problems of backward territories does not bring the expected effect – overall development and well-being. Local effects in the absence of positive changes in other territories result in the increase in imbalances, which limit the overall effectiveness of the public policy. At the same time, a steadily increasing lag may cause a loss of potential of economic growth and thus forms backward territories. The creation of territorial backwardness is a gradual process. Therefore, diagnosing the state of the territory and identifying the signs of increasing depression is an essential issue of public administration. The article presents the main approaches to the definition of territorial backwardness used in the Russia and overseas, it also reviews the determinants of backward territories. Different methods for identification of backwardness in the territorial development have been tested on the basis of the regions of the Russian Far East.

Decolonising the health and well-being of Aboriginal men in Australia

2020 ◽  
Vol 56 (2) ◽  
pp. 151-166 ◽  
Author(s):  
Jacob Prehn ◽  
Douglas Ezzy
Keyword(s):  
Health Outcomes ◽  
State Government ◽  
Policy Development ◽  
Well Being ◽  
Men’S Health ◽  
Men's Health ◽  
Adventure Therapy ◽  
Male Health ◽  
And Gender ◽  
Effective Models

Aboriginal and/or Torres Strait Islander men have the worst health of any group in Australia. Despite this, relevant policies do not specifically explain how the issue will be improved. Existing research demonstrates the complexity of the problems facing Australian Indigenous men. The intersection of masculinity and Indigeneity, compounded by colonisation, historical policies, stigma, marginalisation, trauma, grief and loss of identity are key factors that shape these poor health outcomes. These outcomes are acknowledged in federal and some state government policies but not implemented. The article argues for a holistic and decolonised approach to Australian Aboriginal men’s health. Effective models of intervention to improve men’s health outcomes include men’s health clinics, men’s groups, Men’s Sheds, men’s health camps/bush adventure therapy, fathering groups and mentoring programs. Further research needs to be undertaken, with a greater emphasis on preventative health measures, adequate specific funding, culturally and gender appropriate responses to health, and government policy development and implementation covering Aboriginal male health.

Financial capabilities development: essential discourse in social work

2019 ◽  
Vol 46 (10) ◽  
pp. 1234-1246
Author(s):  
Lambert K. Engelbrecht ◽  
Abigail Ornellas
Keyword(s):  
Sustainable Development ◽  
Social Work ◽  
Financial Literacy ◽  
Community Education ◽  
Work Practice ◽  
Well Being ◽  
Social Work Practice ◽  
Content Type ◽  
Vulnerable Households ◽  
Definition Of

Purpose Within a neoliberal environment, financial vulnerability of households has become an increasing challenge and there is a requirement of financial literacy education, a necessary activity to facilitate sustainable development and well-being. However, this is seldom a mainstream discourse in social work deliberations. The paper aims to discuss these issues. Design/methodology/approach First, introducing the neoliberal impact on financial well-being and capability for vulnerable households, the authors’ postulation is substantiated on a seven-point argument. The contexts of financially vulnerable households are sketched. Second, a conceptualisation of financial literacy is offered, and third, perspectives on and approaches to financial literacy as a fundamental capability are presented. This is followed by a theoretical foundation of community education as a practice model in social work to develop financial capabilities. In the fifth place, prevailing practices of Financial Capabilities Development (FCD) programmes are offered. Subsequently, the implications of a neoliberal environment for social work practice are examined. Findings The revised global definition of social work encourages the profession to understand and address the structural causes of social problems through collective interventions. As a response, it is argued that community education towards FCD of vulnerable households within a neoliberal environment should be an essential discourse in social development. Originality/value The authors reflect on the significance of FCD, highlighting its contribution towards human security and sustainable development. Although this paper draws on Southern African contexts, the discourse finds resonance in other contexts across the world.

The Uniform Status of Children of Assisted Conception Act: Does It Protect the Best Interests of the Child in a Surrogate Arrangement?

1990 ◽  
Vol 16 (4) ◽  
pp. 525-553
Author(s):  
Mimi Yoon
Keyword(s):  
Artificial Insemination ◽  
Medical Technology ◽  
Well Being ◽  
Best Interests ◽  
Medical Procedures ◽  
Assisted Conception ◽  
Regulatory Scheme ◽  
Infertile Couples ◽  
Definition Of

Medical technology is easing the plight of many infertile couples by offering such reproductive alternatives as in vitro fertilization, artificial insemination and surrogacy. In response to the changes in our society's definition of family, wrought by scientific advances, the National Conference of Commissioners on Uniform States Laws promulgated the Uniform Status of Children of Assisted Conception Act. The purpose of this Act is to protect the interests of children born through extraordinary medical procedures. This Note analyzes the Act's provisions regarding surrogacy and focuses on how the Commission's regulatory scheme fails to protect the child's interests. The Act's alternative of voiding the surrogacy contract also does not protect the child's interests. A more complete regulatory scheme which protects the adult parties’ interests, as well as the child's, should be devised, as the adequacy of the adult parties’ protection ultimately affects the child's well-being.

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