scholarly journals Private Law and Human Rights

Dixi ◽  
2020 ◽  
Vol 22 (2) ◽  
pp. 1-12
Author(s):  
Maxym Tkalych ◽  
Oksana Safonchyk ◽  
Yuliia Tolmachevska

Point of view: One of the basic concepts that underlies law as a phenomenon, as well as private law as one of the two areas of law, is the concept of natural law. This concept presupposes that rights and freedoms are an inalienable good of every person, regardless of the will of any external institutions. The ideas of natural law have been expressed in the concept of private law (the fundamental principles of private law are such principles as justice, good faith, reasonableness, dispositiveness, legal certainty, inadmissibility of interference in private affairs, inviolability of property rights, and freedom of contract). Object: The subject of the study is the problems of reforming of private law in modern conditions. The object of research is the social relations that arise in the plane of «person-person» and «state-person» in modern transformation processes. Methodology: The research methodology is formed by methods of analysis, synthesis, and modeling. Additionally, logical-legal, comparative-legal forecasting methods are used. The authors of the article tried to draw a parallel between the concepts of natural law, Roman law and private law. Results and discussion: An analysis of these concepts revealed that each of them is an integral part of the concept of modern Western civilization. At the same time, in modern conditions of pandemic, deglobalization, regionalization, collapse of human rights and the very concept of Western civilization, which is based on the ideas of humanism, liberalism, absolute human rights, inviolability of property rights and respect for privacy, are under threat.

Author(s):  
J. E. Penner

This chapter discusses property law. It considers the idea that property had a “nominalist” ontology, and it was in danger of “disintegration” as a working legal category for that very reason. Nominalism about property has had a significant impact in U.S. case law. The concern here, however, is whether it is a helpful stance to take as a theorist of property. The chapter argues that it is not. There are indeed “high” level abstractions about property which one cannot plausibly do without if one is to understand property rights and property law doctrine. Moreover, the “bundle of rights” (BOR) challenge does not assist one in making sense of these abstractions. The chapter then looks at the conceptual failure of BOR and the New Private Law as it relates to property. BOR is generally regarded as being underpinned by what might be called the Hohfeld-Honoré synthesis. The synthesis rests upon a fairly serious mistake, which is that while the Hohfeldian examination of jural norms is analytic if it is anything, Honor’s elaboration of the incidents making up ownership is anything but—it is functional. This means that Honoré describes the situation of the owner not principally in terms of his Hohfeldian powers, duties, and rights vis-à-vis others, but in terms of the social or economic advantages that an owner has by virtue of his position, and the terms and limitations of those advantages.


2004 ◽  
Vol 17 (1) ◽  
pp. 61-81 ◽  
Author(s):  
Oliver Gerstenberg

In this paper I want to address, against the background of the ECtHR’s recent attempt to resolve the clash between property rights and the right to freedom of expression in its decision in Appleby v. UK, two questions, both of which I take to be related to the overarching theme of “social democracy”. First, there is the problem of the influence of “higher law”-of human rights norms and constitutional norms-on private law norms; second, the question of the role of adjudication in “constitutionalizing” private law, in other words, the question of the “judicial cognizability” of constitutional norms within private law.


2019 ◽  
Vol 34 (5) ◽  
pp. 1529-1535
Author(s):  
Rumiana Budjeva

Stigma is a powerful tool for social control. It can be used to differentiate, exclude or exert pressure on certain individuals or groups of people who have certain characteristics. Stigma does great harm to both the individual and society as a whole. The main objective of stigma is to maintain visible the negative qualities of the individual in order to place them in a disadvantaged position and lasting social and psychological isolation. However, stigma goes beyond the level of the individual and becomes a social problem when it affects wider categories of people. The main purpose of the report is to seek adequate scientific approaches and methods to understanding and study of the phenomenon social stigma. Stigmatized people are often subject to rejection and social exclusion. In its extreme forms stigma turns into discrimination which directly violates their civil and human rights. Stigma and discrimination, seen as violations of fundamental human rights, can occur at different levels: political, economic, social, psychological and institutional. As social processes through which social control is created and maintained, generating, legitimizing and reproducing social inequality, stigma and discrimination are at the heart of the vicious circle in which some groups of people are underestimated and others feel superior and untouchable. To illustrate the process of stigmatization, we will use the example of people living with HIV / AIDS. Theory of stigmatization plays an important explanatory role in the experience of a comprehensive understanding of the social relations of phenomena such as HIV / AIDS. The deep understanding of the mechanisms by which stigma and discriminatory attitudes affect the overall life of people living with HIV / AIDS will help us not only to treat adequate them, but to form a workable and effective action against the spread of the disease. From the moment when scientists are confronted with HIV and AIDS, the social response to fear, denial, stigma and discrimination has accompanied the epidemic. It can be said that HIV and AIDS are more of a social phenomenon than a pure biological or medical problem. It leads to an unfounded sense of shame and guilt and a sense of futility. Stigma incites depression and despair, causes lack of self-esteem. It pushes people to mental and social isolation and deprives them of support and care, increasing their vulnerability. In this way, stigma exacerbates the negative impact of the disease and increases the risk of its spread.


2009 ◽  

Intellectual integrity and a challenge to rhetoric are the two strategic objectives of those who take up the hazardous path of sociological knowledge. This book does not presume to respond fully, but at least attempts to target these aims. The fruit of many years' teaching and research experience, it adopts a line of interpretation that highlights the point of view of the social agent considered in his close, symbiotic and procedural relation with the society in which he acts; this society is not abstract and generic but explored and construed in the tangible dimension of daily life and social relations. The book is organised with a practically identical layout in all the chapters: in dialogue format it proceeds from the identification of the categories central to the issue addressed through to its empirical application/s, hinging the two together with contributions from the sociological school or writer most relevant to the subject in question.


Author(s):  
Галина Тимофеевна Мельникова

Введение. Обращение к творчеству Николая Филипповича Павлова представляется актуальным. Он оставил значительный след в русской литературе первой половины XIX в., одним из первых поднял тему социальной несправедливости и антигуманности общественных порядков. Творчество автора высоко оценивалось читателями и критиками 30-х гг. XIX в. Однако имя автора сборников «Три повести» и «Новые повести» уже к концу века попало в число «забытых». В исследованиях, посвященных романтизму Н. Ф. Павлова, упоминали как писателя, творчество которого носило переходный характер, отмечалось его «движение» от романтизма к реализму. Цель – анализ идейно-тематического своеобразия повести Павлова «Ятаган» с точки зрения отражения общественных и культурных реалий России первой трети XIX в. Материал и методы. Исследуется повесть Павлова «Ятаган», вошедшая в первый сборник прозаических произведений автора «Три повести», который стал событием в общественной и литературной жизни России 1830-х годов. В работе использованы биографический, историко-культурный, сравнительно-сопоставительный методы исследования. Результаты и обсуждение. В повести «Ятаган» автор создал правдивую картину социальных отношений и нравов русского общества первой трети XIX в.: представил социальную иерархию, особое отношение к военным и военной службе, дуэльную традицию. Драматические обстоятельства, в которые попадает главный герой, отражают нравственную и социальную проблему несправедливости, армейской жестокости, которая обострилась в годы правления Николая I. В начале повести главный герой, делающий первые жизненные шаги, полон восторга перед будущим и романтических мечтаний, которые впоследствии разрушаются жестокой действительностью. С образом ятагана связан мотив рока. Пришедшая из народной мифологии «плохая» примета становится пророческой, а подарок матери – символической причиной гибели героя. Заключение. В романтической светской повести «Ятаган» автором художественно представлены общественные отношения и культурные традиции первой трети XIX в. Поднятые им злободневные для 1830-х годов темы телесных наказаний и социальной несправедливости в армии нашли отражение в реалистической литературе начала XX в. Introduction. The author seems it relevant to appeal to the works of Nikolai Filippovich Pavlov, who left a significant impact on the Russian literature of the first half of the XIX century. He, being one of the first, raised the topic of social injustice and inhumanity of public orders. Though, the readers and critics of the 30s of the XIX century highly appreciated Pavlov’s works, the name of the author of the collections “Three Stories” and “New Stories” had become already among the “forgotten” by the end of the century. The scientists of Romanticism still mention N. Pavlov as a writer whose works were of a transitional nature and note his “movement” from romanticism to realism. Aim and objectives. The aim of the article is to analyze the ideological and thematic originality of Pavlov’s story “Scimitar” from the point of view of reflecting the social and cultural realities of Russia of the first third of the XIX century. Material and methods. The author examines Pavlov’s novel “Scimitar” included in the first collection of prose “Three Stories”, which became a triumph in the social and literary life of Russia of the 1830s. The author uses biographical, historical, cultural and comparative methods of research. Results and discussion. In the story “Scimitar” the author creates a true picture of the social relations and mores of the Russian society of the first third of the XIX century: he presents the social hierarchy, a special attitude to the military men and service, and the dueling tradition. The dramatic circumstances in which the main character finds himself reflect the moral and social problem of injustice, army brutality, escalating during the reign of Nicholas I. At the beginning of the story, the main character, undertaking the first steps in life, is full of enthusiasm for the future romantic dreams, which the reality subsequently cruelly destroys. The motif of doom refers to the image of the scimitar. The “bad” omen coming from folk mythology becomes prophetic, while the mother’s gift symbolically results in the hero’s death. Conclusion. In the romantic novel “Scimitar”, Pavlov artistically describes social relations and cultural traditions of the Russia of the first half of the XIX century. The themes of corporal punishment and social injustice in the army, which were topical for the 1830s, are reflected in the realistic literature of the early twentieth century.


2021 ◽  
pp. 25-29
Author(s):  
Paola Inverardi

AbstractAutonomous systems make decisions independently or on behalf of the user. This will happen more and more in the future, with the widespread use of AI technologies in the fabric of the society that impacts on the social, economic, and political sphere. Automating services and processes inevitably impacts on the users’ prerogatives and puts at danger their autonomy and privacy. From a societal point of view, it is crucial to understand which is the space of autonomy that a system can exercise without compromising laws and human rights. Following the European Group on Ethics in Science and New Technologies 2018 recommendation, the chapter addresses the problem of preserving the value of human dignity in the context of the digital society, understood as the recognition that a person is worthy of respect in her interaction with autonomous technologies. A person must be able to exercise control on information about herself and on the decisions that autonomous systems make on her behalf.


2020 ◽  
Vol 51 (1-2) ◽  
pp. 5-24
Author(s):  
Anna Bræmer Warburg ◽  
Steffen Jensen

This article explores the social and moral implications of Duterte's war on drugs in a poor, urban neighbourhood in Manila, the Philippines. Drawing on long-term ethnographic fieldwork, surveys, and human rights interventions, the article sheds light on policing practices, social relations, and moral discourses by examining central perspectives of the state police implementing the drug war, of local policing actors engaging with informal policing structures, and of residents dealing with everyday insecurities. It argues that the drug war has produced a climate of ambiguous fear on the ground, which has reconfigured and destabilised social relations between residents and the state as well as among residents. Furthermore, this has led to a number of subordinate moral discourses — centred on social justice, family, and religion — with divergent perceptions on the drug war and the extent to which violence is deemed legitimate.


2020 ◽  
pp. 28-32
Author(s):  
Yaroslav HROMOVYI

Introduction. Property is a multifaceted phenomenon, so that, even within one science, there is no general concept that would reflect its meaning. At the same time, we are of the opinion that the most important aspects of property for modern society are economic and legal, despite the fact that property, first of all, was considered as a philosophical category. In scientific sources, the commonality of features that characterize the property on the legal side (possession, use and disposal), is called the legal (legal) category, and economic (the desire to own goods (both tangible and intangible), the relationship between owners, owner and direct producer of goods (subject-subject relations)) - economic category. The purpose of the paper is to consider the essence of property as an economic category. Results. Analyzing the category of «property» from an economic point of view, we can identify its basic basis: the relationship of different owners with each other, as well as owners and direct producers of goods. In the «owner – owner» relationship, we observe the economic process of exchange of goods. At the same time, the owner-non-owner relationship is non-economic, so it is not the subject of economists' research. The relationship between different owners, as well as owners and direct producers of goods is the material basis of our society. Conclusion. Property as an economic category is characterized by: first, the result of the manifestation of the subject of his will - the desire to own the goods of the world; secondly, goods both material and non-material; third, the social relations and interrelationships of the owners among themselves, as well as the owners and direct producers of goods.


Author(s):  
Natalia V. Bocharova ◽  

The constitutional bases of mediation in intellectual property cases related to the complex interdisciplinary legal institution of self-protection of rights are analyzed. The urgency of the topic is due to a combination of public and private law principles in modern legal regulation and the general process of constitutionalization of private law and intellectual property law, in particular. It is noted that the proclamation of the constitutional right to self-defense means the inclusion in the comprehensive system of human rights protection of additional ways that increase the effectiveness of its other components and enrich the constitutional human rights mechanism as a whole. In recent years, mediation has been recognized as one of the effective and promising ways of self-protection of intellectual property rights. Ukraine is just beginning to build the institution of mediation as a way to protect intellectual property rights. The research of Ukrainian scientists analyzes the situations when it is expedient and profitable to use mediation to resolve disputes in the field of intellectual property. At the same time, in some works of Ukrainian researchers, in the author�s opinion, there is an element of a certain underestimation of public law support for the right to self-defense, in particular copyright. We believe that the constitutional provisions on self-protection of rights should be used more widely in the development of doctrinal issues of mediation intellectual property matters, which should strengthen the civil aspects of the right to selfdefense and give the problem a broader human significance. The author is convinced that the methodology of the modern system of protection of intellectual property rights should be based on an anthropological approach, which means that the provision and protection of intellectual property rights should be carried out from the standpoint of guaranteeing individual rights. It is concluded that the practice proves the profitability and effectiveness of the use of mediation in disputes related to the protection of intellectual property rights. The full implementation of this institution in Ukraine will contribute not only to improving the protection of intellectual property, but also to ensuring the constitutional rights of man and citizen.


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