scholarly journals Reflections on bioethics: consolidation of the principle of autonomy and legal aspects

1999 ◽  
Vol 15 (suppl 1) ◽  
pp. S91-S98 ◽  
Author(s):  
Marco Segre
Keyword(s):  
Cultural Values ◽  
Legal Aspects ◽  
Ethical Principle ◽  
Individual Autonomy ◽  
Ethical Thought ◽  
External Assessment ◽  
Freudian Theory ◽  
Rational Thought ◽  
Ethical Reflections ◽  
Inside Out

The author highlights the importance of emotions in all ethical reflections. He describes the most common positions of ethicists employing duties and rights as the basis for ethical thought. The author, goes to Freudian theory as viewed by the utilitarians, stating that the 'quest for pleasure' is not necessarily egocentric, especially for adults. For example, the feeling of solidarity emerges 'from the inside out', making irrelevant all the emphasis laid on obedience to duty (from the outside in). The article questions the essence of Kantian theory, based exclusively on 'reason' with disregard for feelings, by establishing what he considers a 'positivist' view of rational thought. It emphasizes the principle of autonomy, which it seen as basically opposing the principles of beneficence and fairness. It is proposed that the latter should be seen as what he calls heteronomy (a concept different from that of the rational ethicists). In theory, autonomy is not assigned to anyone on the basis of an external assessment. Any intervention in individual autonomy must be made (by the intervenor) when it becomes imperative in the defense of social or cultural values. The article distinguishes between ethics and morals) and states that the sole acceptable ethical principle is that ethics (theoretically) has no principle.

Legal aspects of ecotourism: towards creating an international legislative framework

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Vera Stanković ◽  
Ana Batrićević ◽  
Vladan Joldžić
Keyword(s):  
Cultural Values ◽  
International Organizations ◽  
Preventive Measures ◽  
Legal Aspects ◽  
Law Reform ◽  
Cultural Resources ◽  
Protective Measures ◽  
Content Type ◽  
Legal Documents ◽  
Legislative Framework

Purpose This study aims to highlight the most important preventive measures that should be proposed by policymakers and adopted by (inter)national legislative bodies by changing existing or adopting new legal documents. The implementation of these measures should be performed by state bodies responsible for ecotourism, natural and cultural resources protection and ecotourism services users. Design/methodology/approach The theoretical legal approach was applied, based on a systematic review of international legally binding and non-binding documents related to ecotourism, adopted by relevant international organizations. Analysis of norms for preventive protection of natural and cultural values was done and followed by law-reform research in the form of recommendations that should be adopted as binding. Findings International legal documents relevant to ecotourism analysed in this paper are divided into two groups. The first regulates exclusively ecotourism issues, whereas the second deals with sustainable development and indirectly refers to ecotourism, as one of its segments. Analysed international legal documents require unambiguous norms regulating preventive protective measures in ecotourism by prescribing actual obligations and prohibitions for relevant subjects. Given recommendations are grouped into five types according to the subjects they are addressing (ecotourism experts, policymakers, legislators, natural and cultural conservationists, local communities, educators). Originality/value This study is the first that points to the need to amending international legal documents related to ecotourism through recommendations regarding natural and cultural values’ preventive protection.

DEVELOPMENT OF RURAL AREAS IN THE SARATOV REGION AND THE REPUBLIC OF KAZAKHSTAN

2020 ◽  
Vol 10 (5) ◽  
pp. 937-950
Author(s):  
M.S. Yurkova ◽  
◽  
G.A. Ermakova ◽  
E.A. Likhovtsova ◽  
Ch.U. Akimbekova ◽  
...  
Keyword(s):  
Cultural Values ◽  
Rural Areas ◽  
Necessary Conditions ◽  
Legal Aspects ◽  
Demographic Development ◽  
Social Bias ◽  
Saratov Region ◽  
The Republic ◽  
Social Organizational ◽  
The Village

The article analyzes the main organizational and legal aspects and administrative decisions in the field of ensuring and regulating the socio-economic and demographic development of the village at the regional level using the example of the Saratov region. The foreign experience is also considered on the example of Kazakhstan and its domestic policy of development of rural areas. The most effective measures in this area will be carried out taking into account regional characteristics and national and cultural values in order to eliminate the existing shortcomings associated with the emergence of depopulation of rural areas and the underestimation of its consequences, the absence of hierarchically aligned priorities in the implementation of socio-economic policy. The basis for the development of the village is the creation of prerequisites for the formation of points of growth in socio-cultural and economic spheres and should be carried out on the basis of an increase in the income of residents, an increase in labor productivity and the use of various alternative factors inherent in a market economy with a social bias. It is required to create the necessary conditions to improve the quality of life of the population of the village at the expense of state support funds, the use of part of the profits of large agricultural formations and rich peasant (farmer) households. Regulation of labor migration is necessary at the level of not only making appropriate state decisions (regional or local), but also establishing social, organizational and economic measures by agricultural and other producers themselves in order to prevent the outflow of the able-bodied population. It is also required to generate the necessary conditions for effective employment of the population in rural areas based on the development of agricultural and non-agricultural activities based on the needs of the consumer market.

‘Fight Abortion, Not Women’

2018 ◽  
Vol 27 (2) ◽  
pp. 22-44
Author(s):  
Michele Rivkin-Fish
Keyword(s):  
Cultural Values ◽  
Reproductive Rights ◽  
Moral Economy ◽  
Individual Autonomy ◽  
Legal Abortion ◽  
State Support ◽  
Abortion Politics ◽  
Abortion Access ◽  
Intimate Relations

This article traces the conceptual emergence and development of feminist-oriented abortion politics in urban Russia between 2011 and 2015. Examined as an example of local adaptions of global reproductive rights movements, Russians’ advocacy for abortion access reflects commitments and tensions characterising post-Soviet feminism. Specifically, I show how calls to preserve women’s access to legal abortion have drawn on both socialist-inspired ideals of state support for families and liberal-oriented ideas of individual autonomy. Attention to the logics underlying abortion activists’ rhetoric reveals the specific historical sensibilities and shifting cultural values at stake in the ways progressive Russian activists construe justice. The analytic concept of ‘moral economy’ brings into relief how their advocacy evokes ideal visions of reciprocal obligations and uncertainties in both state-citizen relations and intimate relations. I argue that contextualised analyses of local feminist abortion politics may enrich global debates for reproductive rights and justice.

scholarly journals The place of intellectual property in the system of legal values: theoretical and legal aspects

2021 ◽  
pp. 11-16
Author(s):  
M.V. Kotenko
Keyword(s):  
Intellectual Property ◽  
Cultural Values ◽  
Intellectual Property Rights ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Complex Nature ◽  
Intellectual Activity ◽  
Cultural Phenomenon ◽  
Wide Range ◽  
Functional Purpose

The author highlights and investigates the theoretical and legal aspects of the place of intellectual property in the system of legal values. It is noted that legal values ​​are a special phenomenon in which a wide range of ideas, ideas, provisions that reflect the peculiarities of society's perception of socially useful factors, which find their expression and manifestation in the legal sphere of society. In this regard, intellectual property is a special product of human intellectual activity, which is recognized as socially useful and subsequently acquired legal characteristics, ensuring the protection of intellectual property rights, their inviolability, as well as regulating relations in the field of intellectual property. Intellectual property is a special socio-cultural phenomenon, belonging to the system of socio-cultural values ​​is primarily due to its usefulness to society, the ability to ensure the interests of its subjects. At the same time, the multifaceted and complex nature of intellectual property, represented in various spheres of society, provides an opportunity to study intellectual property, including as part of a system of legal values ​​endowed with legal properties, provided by law, allows legal entities to achieve legally significant results. related to intellectual property. Based on the analysis of doctrinal and legal ideas about the value of intellectual property, the author identified the place of intellectual property in the system of legal values. It is concluded that intellectual property as a legal phenomenon has a multifaceted and multifaceted nature, which does not allow to unambiguously determine its place in the system of legal values. Therefore, it is proposed to determine the criteria according to which to classify legal values, which should cover and take into account all possible aspects (characteristics) of legal values, including taking into account the values ​​of intellectual property established above. The place of intellectual property in the system of legal values ​​is determined by the author according to the following criteria: 1) the state of legal support of intellectual property in Ukraine; 2) the method of legal regulation of relations in the field of intellectual property; 3) its functional purpose.

scholarly journals A Critical Recuperation of Watsuji’s Rinrigaku

Philosophia ◽  
2020 ◽  
Author(s):  
Aleardo Zanghellini ◽  
Mai Sato
Keyword(s):  
Philosophical Tradition ◽  
Individual Autonomy ◽  
Ethical Thought ◽  
Ethical Action ◽  
Western Philosophical Tradition ◽  
International Audience ◽  
The Absolute ◽  
Ethical Obligations

AbstractWatsuji is recognised as one Japan’s foremost philosophers. His work on ethics, Rinrigaku, is cosmopolitan in engaging the Western philosophical tradition, and in presupposing an international audience. Yet Watsuji’s ethical thought is largely of niche interest outside Japan, and it is critiqued on the ground that it ratifies totalitarianism, demanding individuals’ unquestioning subordination to communal demands. We offer a reading of Rinrigaku that, in attempting to trace the text’s intention, disputes these arguments. We argue that Rinrigaku makes individual autonomy central to ethical action, despite the fact that its treatment of coercion may lead one to think otherwise; that it does not reduce ethical obligations to whatever demands any given society imposes on its members; that it draws a distinction between socio-ethical orders that are genuinely ethical and those that are not; and that, in insisting on the grounding of individuals in the Absolute, it makes adequate room for individuals’ resistance to unjustifiable socio-ethical demands.

Husserl’s Middle Period and the Development of his Ethics

2018 ◽  
Author(s):  
John J. Drummond
Keyword(s):  
Ethical Thought ◽  
Time Consciousness ◽  
Middle Period ◽  
The Absolute ◽  
Ethical Reflections

This chapter considers several important themes of Husserl’s middle period through the prism of important developments in his ethical thought. The chapter examines the transformation in Husserl’s ethics from the idealized consequentialism of his early thought to a personalist ethics based on the notion of absolute loves and the absolute duties they impose. The examination proceeds by considering, first, the role the Husserlian themes of the personalistic attitude, time-consciousness, and absolute consciousness play in this transformation. Consideration is given, second, to the Fichtean themes introduced into Husserl’s later ethical reflections and their consistency with the more general phenomenological positions Husserl has taken in the middle period. The chapter concludes that the metaphysical directions taken in Husserl’s later ethical thought cannot be justified phenomenologically.

scholarly journals Gurus and Griots: Revisiting the research informed consent process in rural African contexts

2021 ◽  
Vol 22 (1) ◽  
Author(s):  
Richard Appiah
Keyword(s):  
Informed Consent ◽  
Cultural Values ◽  
Low Income ◽  
Research Process ◽  
Sub Saharan Africa ◽  
Institutional Review Boards ◽  
Individual Autonomy ◽  
Traditional Practices ◽  
Socioeconomically Disadvantaged ◽  
Sub Saharan

Abstract Background Researchers conducting community-based participatory action research (CBPAR) in highly collectivistic and socioeconomically disadvantaged community settings in sub-Saharan Africa are confronted with the distinctive challenge of balancing universal ethical standards with local standards, where traditional customs or beliefs may conflict with regulatory requirements and ethical guidelines underlying the informed consent (IC) process. The unique ethnic, socioeconomic, and cultural diversities in these settings have important implications for the IC process, such as individual decisional autonomy, beneficence, confidentiality, and signing the IC document. Main text Drawing on insights and field observations from conducting CBPARs across several rural, highly communal, low literate, and low-income communities in Ghana, we discuss some theoretical, ethico-cultural, and methodological challenges associated with applying the universal, Western individualistic cultural value-laden IC process in sub-Saharan Africa. By citing field situations, we discuss how local cultural customs and the socioeconomic adversities prevalent in these settings can influence (and disrupt) the information disclosure process, individual decisional authority for consent, and voluntariness. We review the theoretical assumptions of the Declaration of Helsinki’s statement on IC and discuss its limitations as an ultimate guide for the conduct of social science research in the highly communal African context. We argue that the IC process in these settings should include strategies directed at preventing deception and coercion, in addition to ensuring respect for individual autonomy. We urge Universities, research institutions, and institutional review boards in Africa to design and promote the use of context-appropriate ethical IC guidelines that take into consideration both the local customs and traditional practices of the people as well as the scientific principles underpinning the universal IC standards. Conclusion We recommend that, rather than adopt a universal one-size-fits-all IC approach, researchers working in the rural, highly collectivistic, low literate, socioeconomically disadvantaged settings of sub-Saharan Africa should deeply consider the roles and influence of cultural values and traditional practices on the IC and the research process. We encourage researchers to collaborate with target communities and stakeholders in the design and implementation of context-appropriate IC to prevent ethics dumping and safeguard the integrity of the research process.

scholarly journals CREATIVE ECONOMY AND TECHNOLOGIES: SOCIAL, LEGAL AND COMMUNICATIVE ISSUES / KŪRYBOS EKONOMIKA IR TECHNOLOGIJOS: SOCIALINIAI, TEISINIAI IR KOMUNIKACINIAI ASPEKTAI

2012 ◽  
Vol 13 (1) ◽  
pp. 71-80 ◽  
Author(s):  
Tomas Kačerauskas
Keyword(s):  
Legal Aspects ◽  
Creative Industries ◽  
Individual Autonomy ◽  
Creative Economy ◽  
Social Changes ◽  
Social Challenges ◽  
Economic Relations ◽  
Economical Growth ◽  
Patent Right

The article deals with the philosophical questions of creative economy. Appealing to J. Howkins, R. Florida and other theorists of creative economy, the author analyses such aspects of creative economy as the need for enterprise, obsession by consuming, fusion of labour and leisure, integrality of the activities, striving for individual autonomy and privacy. The response to economical changes and social challenges could be creativeness that emerges in certain social and economical environment. The author pays attention to legal aspects of creative economy and analyses the role of technologies in the creative society. The author also focuses on the contradictory aspect of the copyright and patent right in creative economy. By expressing the creators’ right to just reward copyright restricts creative communication while patent right expresses aspirations to privatize social property, including nature. The relations between technologies and creative economy refer to social changes, too. Firstly, economic relations could be treated as social technologies. Secondly, technologies (especially e-technologies) are the base of creative industries that ensure economical growth. Thirdly, technologies are indispensable to the consuming that both demands new products and generates the very economy. Santrauka Straipsnyje nagrinėjami kūrybos ekonomikos filosofiniai klausimai. Apeliuodamas į J. Howkinsą, R. Floridą ir kitus kūrybos ekonomikos teoretikus, autorius nagrinėja tokius kūrybos ekonomikos aspektus, kaip verslumo reikmė, vartojimo manija, darbo ir laisvalaikio susiliejimas, veiklų integralumas, individualios autonomijos ir privatumo siekis. Atsakas į ekonominius ir socialinius pokyčius galėtų būti kūrybingumas, kuris kyla tam tikroje socialinėje (ekonominėje) aplinkoje. Autorius atkreipia dėmesį į teisinius kūrybos ekonomikos aspektus ir analizuoja technologijų vaidmenį kūrybinėje visuomenėje. Pabrėžiamas autorių ir patentų teisės prieštaringumas kūrybos ekonomikoje. Išreikšdama kūrėjo teisę į teisingą atlygį, autorių teisė apriboja kūrybos komunikaciją, o patentų teisė išreiškia siekius privatizuoti visuomeninį turtą įskaitant gamtą. Technologijų ir kūrybos ekonomikos santykiai taip pat išreiškia visuomeninius pokyčius. Pirma, ekonominiai santykiai gali būti traktuojami kaip socialinės technologijos. Antra, technologijos (ypač e. technologijos) yra kūrybinių industrijų, užtikrinančių ekonominį augimą, pamatas. Trečia, technologijos neatsiejamos nuo vartojimo, kuris reikalauja naujų produktų ir generuoja pačią ekonomiką.

scholarly journals Application of New Methods of Environment Analysis and Assessment in Landscape Audits – Case Studies of Urban Areas Like Czestochowa, Poland

2017 ◽  
Author(s):  
Katarzyna Pukowiec-Kurda ◽  
Urszula Myga-Piatek
Keyword(s):  
Cultural Values ◽  
Urban Areas ◽  
Diversity Index ◽  
Mineral Resources ◽  
Shape Index ◽  
Legal Aspects ◽  
Assessment Method ◽  
Environment Analysis ◽  
Uniform Cover ◽  
Landscape Units

Following the 2000 European Landscape Convention, a new act strengthening landscape protection instruments has been in force since 2015. It sets forth legal aspects of landscape shaping (Dziennik Ustaw 2015, poz. 774) and introduces landscape audits at the province level. A landscape audit consists in identification and characterization of selected landscapes, assessment of their value, selection of so-called priority landscapes and identification of threats for preservation of their value. An audit complies with GIS standards. Analyses use source materials, i.e. digital maps of physical-geographical mesoregions, current topographic maps of digital resources of cartographic databases, latest orthophotomaps and DTMs, maps of potential vegetation, geobotanic regionalization, historic-cultural regionalization and natural landscape types, documentation of historical and cultural values and related complementary resources. A special new methodology (Solon et al. 2014), developed for auditing, was tested in 2015 in an urban area (Myga-Piatek et al. 2015). Landscapes are characterized by determining their analytic (natural and cultural) and synthetic features, with particular focus on the stage of delimitation and identification of landscape units in urban areas. Czestochowa was selected as a case study due to its large natural (karst landscapes of the Czestochowa Upland, numerous forests, nature reserves) and cultural (Saint Mary’s Sanctuary, unique urban architecture) potential. Czestochowa is also a city of former iron ore and mineral resources exploitation, still active industry, dynamic urban sprawl within former farming areas, and dynamically growing tourism. Landscape delimitation and identification distinguished 75 landscape units basing on uniform landscape background (uniform cover and use of the land). Landscape assessment used a new assessment method for anthropogenic transformation of landscape – the indicator describing the correlation between the mean shape index (MSI) and the Shannon diversity index (SHDI) (Pukowiec-Kurda, Sobala 2016). Particular threats and planning suggestions, useful in development of urban areas, were presented for selected priority landscapes.

scholarly journals Children’s moral culture in the context of the Christian-anthropological worldview

2020 ◽  
Vol 48 (6) ◽  
pp. 55-66
Author(s):  
Tamara I. Berezina ◽  
◽  
Olga L. Kameneva ◽  
Elena N. Fedorova ◽  
◽  
...  
Keyword(s):  
General Education ◽  
Individual Autonomy ◽  
Ethical Guidelines ◽  
Theoretical Understanding ◽  
Moral Culture ◽  
Ethical Thought ◽  
Weekend Schools ◽  
Sacrificial Love ◽  
Definition Of ◽  
The Individual

Introduction. The themes of good and evil, familiarizing the younger generation with the universal values of Good, Truth, and Beauty have been in the focus of the world pedagogical and ethical thought since ancient times, but are especially relevant in the modern era of the postmodern discrediting of all standards. The research purpose is to form a more complete theoretical understanding of the problem of the formation of children’s moral culture in the light of the Christian-anthropological worldview and the patristic doctrine of virtues. Materials and methods. The study was conducted using general scientific theoretical methods: hermeneutic analysis, generalization, synthesis, abstraction, induction and deduction, interpretation of results. Results. As a result of the study, the following definition of the phenomenon of “moral culture” in the context of the Christian-anthropological worldview was given. Moral culture is a system of moral and ethical guidelines and personality traits based on absolute moral values and Christian virtues: abstinence, chastity, mercy, meekness, joy, courage, humility, and love. Moral culture is manifested in the moral behavior and actions of a person and determined by the moral consciousness of an individual striving for self-improvement, heartfelt purity, and good deeds – through the feat of Christian life, overcoming vices and passions. Researchers come to the conclusion that the highest Christian virtue – sacrificial love for God and people – is impossible without the virtue of humility, which is considered in moral theology as a measure of holiness, the foundation of the entire structure of a person’s spiritual and moral life. Discussion and conclusion. Moral culture formation is of intimate and discrete nature, it continues throughout a person’s life, representing its highest goal and ideal. Morality cannot be formed, assimilated exclusively by external influence, it is based on the individual autonomy, the synergy of a person’s own efforts, and the action of Divine grace. Researchers conclude that moralization and moral terror are unacceptable in the formation of children’s moral culture. The research results can be taken into account in the practical activities of teachers working in Orthodox general education and weekend schools, as well as in family education.

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