scholarly journals Law Philosophical Foundations of the Early Eastern States

2021 ◽  
Vol 7 ◽  
pp. 20-27
Author(s):  
Anatolii Zaiets

The article is devoted to the elucidation of the ideological foundations of the law of the states of the early civilizations of the East, which last from the VII millennium BC (Sumer and Akkad, Babylon, India, China and Egypt). The spontaneously formed mythical, religious, moral and rational components of the worldview, as well as elements of philosophical doctrines are analyzed, traced as the unity of the notions of the gravity of sin and sinful behavior and even the community as a whole, caste character based on the idea of the inevitability of social inequality, the subordinate position of women, and significant differences in different legal systems, based on the specifics of economic structure and political system, civilizational and cultural differences, historical features of state formation, as well as worldviews of peoples, their understanding of the world, world order, natural and terrestrial laws. It is concluded that the general primary basis of the legal worldview of the peoples of the early states of the East are mythical and religious beliefs of peoples (as, incidentally, in all other early states), which served to explain the world order and justify the general laws of nature, and also served as a criterion for evaluating human actions.These ideas were based on common to all civilizations moral ideas about good and evil, justice and injustice, truth and injustice, moral and immoral. In philosophical treatises, in some literary and legal sources of the ancient East, one can find key common moral postulates that take long from the most ancient beliefs and religions and moral rules, known to science, and then reflected in Hinduism, Christianity, Islam. From the point of view of social and state ideology, the ruling elite was interested in spreading and affirming the notions of the sanctity and inviolability of the supreme power of rulers, who often combined religious and secular power. The laws of the rulers were also proclaimed by the commands of the gods, the highe rpowers, which must be strictly observed by all. This view of laws was reinforced by a system of severe punishments for violating them. Although this together helped to centralize the early states, to establish more effective protection against external enemies, and from the point of view of internal organization to keep the people firmly in subjection, it did not contribute to the development of ideals of individual freedom.

2019 ◽  
pp. 87-96
Author(s):  
А. Л. Свящук

In the time when the basic formulas and approaches of the aircraft industry are based on the principles of classical science, the nature of the observed phenomena seems non-linear. Such phenomena as turbulence, flutter, buffering, disruption of the air flow can be explained by means of synergetics and system theory in the context of the post-non-classical paradigm. However, a certain contradiction can be observed: non-linear phenomena are explained by linear traditional science. That is why many formulas of aerodynamics and strength have a large empirical part. Therefore, it becomes necessary to revise the philosophical foundations of most approaches and the overall picture of the world as a whole. The use of the concepts of synergetics and system theory allows us to describe more accurately certain phenomena in aviation, which ultimately will lead to the creation of more efficient and safer aircraft. For example, we can design our aircraft not only as a complex system, but also as part of other complex systems, evaluating its effectiveness from the point of view of more ambitious and higher levels, predicting its operation and modernization in the changing conditions of the socio-political system. Moreover, the very nature of engineering creativity based on synergistic approaches will become more efficient and effective by increasing the intensity of aviation thought. Therefore, understanding the role of chance, the effect of emergence will allow us to be prepared for many surprises and black swans and also be wary about our knowledge, assessing their probabilistic nature.


2020 ◽  
Vol 16 (3) ◽  
pp. 49-64
Author(s):  
D. V. Mukhetdinov

In the present article we are going look at the interpretation of the theology of Muhammad Abduh (1849–1905) undertaken by the Indonesian scholar Harun Nasution (1919–1998). Nasution compares Abduh’s position to neo- Mutazilism, relying on the treatise “Risālah al- Tawḥid”. Nasution carries out a step-by-step interpretation of the most popular “exoteric” work of the Egyptian thinker, proving the rationalist character of his theological system. From the point of view of Nasution, the division of the human race into the elect and commoners characteristic of Abduh is intended to confi rm the special ontological status of people endowed with high culture and advanced intellectual abilities. The elect are able to comprehend the entire area of intelligible being, which includes both God with his attributes and the created world. From this follows the limited, confi rmatory character of Revelation. It does not so much reveal to people a hitherto unfamiliar truth as confi rms (legitimizes) the knowledge already available to the Elect. Nasution believes that Abduh’s views on human freedom and divine justice are in confl ict with Asharism. Man is the source of his own actions, he is given the freedom to independently determine his own destiny. Allah Almighty rules the world through the eternal laws of nature, sunan, and prefers not to interfere in the aff airs of people directly, although he is interested in their welfare. The article concludes with critical remarks challenging the interpretive model proposed by Nasution and other neoMutazilite scholars of Abduh.


2020 ◽  
Vol 32 (2) ◽  
pp. 22-41
Author(s):  
Oszkár Gorcsa

The World War can be justifiably called the great seminal catastrophe of the 20th century, because the war that should have ended every further war, just disseminated the seeds of another cataclysm. From this point of view it is comprehensible why lots of historians deal with the named period. Numerous monographies and articles that deal with the destructing and stimulating eff ect of the Great War have seen the light of day. However, the mentioned works usually have serious defi cenceis, as most of them deal only with the battlefi elds, and a small proportion deals with the question of everyday life and hinterland, and the ordeals of the POWs are superfi cially described. In case of Hungary, the more serious researches related to POWs only started at the time of the centenary. This is why we can still read in some Serbian literatures about the people annihilating endeavors of the „huns” of Austria–Hungary. My choice of subject was therefore justified by the reasons outlined above. In my presentation I expound on briefly introducing the situations in the austro–hungarian POW camps. Furthermore, the presentation depicts in detail the everyday life, the medical and general treatment, clothing supply, the question of the minimal wages and working time of the prisoner labour forces. Lastly, I am depicting the problem of escapes and issues dealing POWs marriage and citizenship requests.


1999 ◽  
Vol 8 (2) ◽  
pp. 123-137 ◽  
Author(s):  
Rakesh Popli

In this article, three different descriptions of curricula for scientific literacy (SL) are summarized, compared, and critically reviewed from the point of view of their suitability for all citizens. Science for All Americans, a publication of the American Association for the Advancement of Science, envisages giving every citizen a thorough exposure to the world of science, technology, and mathematics; the report Towards Scientific Literacy, published by the International Institute for Adult Literacy Methods, recommends a phenomenological approach to science designed to make science useful for people in their daily lives; and a similar curriculum, Minimum Science for Everybody, published by a voluntary organization in India, provides a detailed alternative conceptual framework for SL in which community traditions and knowledge systems are interfaced with science. The three reports are seen to differ from one another not only in respect of the contents of the curricula recommended, but also in their approaches, and the world views underlying these different approaches are brought out. It is suggested that SL curricula in both “developed” and “developing” countries be reviewed in the light of the ideas contained in all three reports in accordance with the needs and circumstances of the people. The article argues for the need to review the nature of science from the perspective of the common citizen.


2002 ◽  
Vol 32 (3) ◽  
pp. 489-501 ◽  
Author(s):  
Barry Castleman

The World Trade Organization (WTO), created in 1995, adjudicates “trade disputes” between member nations in cases with great human rights, cultural, environmental, and public health significance. Throughout the process of dispute resolution and even after a case is concluded, very little of what happens is made accessible to the public. However, it is one thing to criticize the WTO for its lack of transparency from outside the process, and another to critically examine what was withheld from disclosure and what dangers that presents. This is the inside story from a scientific adviser to one of the parties in a WTO case, analyzing what happened from a public health point of view. This analysis concludes that the public health justification of banning asbestos was accepted in the end by the economists at the WTO, despite the WTO's bias in favoring the party (Canada) making the free trade challenge (to public health legislation, in this case) in numerous stages of the process, despite the WTO's utter lack of expertise in science, medicine, engineering, and public health, and despite important erroneous statements made to the WTO under the cover of confidentiality. Despite its result, this case illustrates that the WTO's threat to national sovereignty could never withstand the light of day, that the people of the world would reject this dangerous free trade fundamentalism if the limitations and dangers of the process were open for all to see.


2020 ◽  
Vol 7 (12) ◽  
pp. 209-215
Author(s):  
Sur Sharma

Visual culture attempts to expose that other facet of the world which almost hitherto remains concealed from the majority of the populace. This is because the people across the globe were fed with the visual images that largely went on a par with the interests of the white Europeans. In other words, visual culture views the world from a “subaltern” perspective and challenges the norms set by “a white European Christian male” centric outlook. To put it simply, visual culture studies and interprets the world, which is made up of visual images, from the point of view of marginalized, the suppressed or the disadvantaged. In this connection, the study of visual culture enjoys a close affiliation with feminism and critical race theory.


Author(s):  
Sergey A. Sotnikov ◽  
Andrey A. Sotnikov ◽  
Galina P. Kamneva

The article deals with the problems of the institution of autocratic monarchy in the mid 19th century, which entailed an unprecedented rise of the revolutionary territorial movement. Public life liberalisation that followed the era of the "oppression of censorship and reaction" under Nicholas I gave the ideological and philosophical foundations to the terrorist methods of the revolutionary struggle. The spread of nihilistic ideas in society based on the denial of existing state foundations, law and morality, contributed to the radicalisation of forms and methods of political struggle against the government, which, in the opinion of revolutionaries, was uneager to continue socio-economic transformations in the interests of the broad masses of people. The authors are of the opinion that transition to terror was associated with disillusionment with peaceful methods of political struggle (especially after the failure of "going to the people"). The article analyses the gender aspect of terrorism in the Russian empire – female terrorism from the point of view of new historiographic approaches.


2018 ◽  
Vol 83 (2) ◽  
pp. 204-224
Author(s):  
Danie Strauss

Dooyeweerd was struck by the fact that different systems of philosophy expressly oriented their philosophic thought to the idea of a divine world order. The dialectic of form and matter permeated both Greek and medieval philosophy. The distinction between natural laws and laws of nature is highlighted with reference to Descartes and Beeckman. A key distinction for an understanding of the order of the world is given in the difference between modal laws and type laws. In order to substantiate this claim, an explication of the nature of the order for the world has to explore elements derived from the four most basic modes of explanation: number (the one and the many), space (universality), the kinematic (constancy), and the physical aspect (change). These points of entry serve theoretical thought with terms that may either be employed in a conceptual way or in a concept-transcending way. The influence of nominalism on the thought of Dooyeweerd is analyzed in some more detail.


10.23856/1106 ◽  
1970 ◽  
Vol 11 (4) ◽  
pp. 107-122
Author(s):  
Katarzyna Bachniak ◽  
Franciszek Podlecki

The concept of the following paper is to show the essence and message of philosophical aspects of utilitarianism in the context of crisis and ethics in the world. The main concept is to pay attention to the influence of the ethics of utilitarianism on the human beings’ behaviour and activities within not only political, but also social life. The major issue connected with the above mentioned topic is whether the ethics is the key to solve and to overcome the crisis which has been present everywhere since time immemorial. The basic questions which ought to be taken into a further consideration are as follows: what is crisis? what is utilitarianism and ethics? how do they react with each other? The article is divided into a few parts: the first one refers to the aims of people’s actions in the context of ethics of utilitarianism which in fact was described by Mill as the greatest happiness principle. What should be emphasized is the meaning of ethical values which show the opportunity to change the world order. It strongly pays attention to the utilitarianism as a philosophy not only in economical aspects, but also the social ones. It is a well- known fact that the process of changes is affected by Good Common Sense which will be shortly discussed in the further part of the article. The second part refers to the axiology, the philosophical study of value in life and the comprehensive world in the point of view of Sir Thomas More and his own philosophy of life influenced by spiritual experience and some reflection on the economic situation. It is significant to mention about the times of new insight at Renaissance as the concept of a new man and new approach, and finally ethics.


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