scholarly journals THE IDEAL OF KALOKAGATHIA OF THE TOTALITARIAN AND LIBERAL REGIMES AS A MEANS OF PERSONALITY FORMATION

ScienceRise ◽  
2020 ◽  
Vol 3 ◽  
pp. 10-15
Author(s):  
Іryna Kobzieva ◽  
Tetiana Prykhodko ◽  
Tetiana Kunicheva ◽  
Jakub Korolevsky ◽  
Vanika Grover
Keyword(s):  
Direct Action ◽  
National Level ◽  
The State ◽  
Protective Function ◽  
Scientific Results ◽  
The Individual ◽  
The Right ◽  
The Impact ◽  
The Relationship ◽  
The Ideal

The object of research is the relationship between the state and the individual under totalitarian and liberal regimes. Investigated problem: in the article the concepts of totalitarian and liberal regime is analyzed, their nature and relation are revealed. The characteristics of each of them are considered. It highlights the impact that they have on the ideal of kalokagathia is highlighted. In a society in which the ideas of kalokagathia can be realized, there must be freedom, which is the most important value of the individual. Both directions of democratic thought ‒ totalitarianism and liberalism welcome the higher value of freedom. A person can’t independently distinguish what is good, harmonious for it, and what is evil, it is not able to make competent decisions, it is always under the influence of the outside world and its conditions. Political regimes can be considered to a large extent, as the basic conditions for human existence. In some cases, these conditions can both stimulate a person and suppress it. This can lead to the fact that government agencies of direct action and coercion can make decisions for it or give rise to the right of permissiveness and thought only of oneself. The main scientific results: historically, the state is called upon to realize the protective function of comprehensive harmonious human development (the ideal of kalokagathia) at the national level, but under the conditions of the presented regimes, this process undergoes various transformations and can’t be fully realized and does not correspond to reality. The harmonious development of man is always full of dissonances and struggles of various forces in the human being.

scholarly journals The state and personality in the works of N.A. Berdyaev

2019 ◽  
Vol 72 ◽  
pp. 02006
Author(s):  
Stepan Yaichny
Keyword(s):  
Social Preferences ◽  
The State ◽  
Religious Philosophy ◽  
The Social ◽  
Different Types ◽  
European Philosophy ◽  
The Individual ◽  
Relationship Of ◽  
The Relationship ◽  
The Ideal

This article discusses the basic concepts of Berdyaev’s philosophy, traces the relationship of his philosophical view and political convictions. This relationship is revealed through the concept of personality, which is the central concept of Berdyaev’s philosophy. Through the attitude to the personality, we can reveal the attitude of N. A. Berdyaev to the institution of the state, understand the social preferences of the Russian philosopher, who has come a long way from the representative of Russian Marxism to Russian religious philosophy. Having understood his ideas about the ideal structure of society, we can understand the attitude of N. A. Berdyaev to the Soviet state. The article distinguishes between two different types of relationships: the individual and society - collectivism and communitarianism. Berdyaev’s view is shown in the origins of Russian communism, which, in the opinion of the philosopher, are found not only in Western European philosophy, but also in the historical mentality of Russian people.

scholarly journals DIREITO À SAÚDE E PODER JUDICIÁRIO: decisões no âmbito do Tribunal de Justiça do Estado do Maranhão

2013 ◽  
Author(s):  
Ana Karolyne Araújo de Sousa ◽  
Laurena Silva Pinto ◽  
Mônica Teresa Costa Sousa
Keyword(s):  
Right To Health ◽  
The State ◽  
Health State ◽  
The Public ◽  
Politica Publica ◽  
Treatment Medication ◽  
The Individual ◽  
Reasons For Decisions ◽  
The Right ◽  
The Impact

O trabalho tem por objetivo principal analisar decisões judiciais do TJMA considerando demandas individuais relacionadas à efetivação e garantia do direito à saúde, a partir da oferta de tratamento médico/ medicamento específico por parte do Estado. Analisa-se a fundamentação das decisões e atuação do Poder Judiciário ante a defesa justificada como "reserva do possível" por parte do ente público. Com base na teoria da reserva do possível, o Estado defende-se alegando ser impossível a prestação de serviços específicos considerando ou a generalidade da política pública de saúde ou questões financeiras. Por sua vez, o Judiciário se manifesta ora considerando a pretensão individual (posicionamento mais comum) ora afastando essa possibilidade. Tomando por base decisão do Supremo Tribunal Federal, determinaram-se padrões mínimos para que as decisões sejam capazes de atender as demandas específicas sem que haja comprometimento da atividade generalizada por parte do Estado. A escolha das decisões foi realizada por meio de pesquisa junto ao sítio oficial do Tribunal de Justiça do Estado do Maranhão considerando os termos "saúde - Estado - reserva do possível". As decisões analisadas referem-se aos últimos cinco anos. Já as decisões de tribunais superiores foram analisadas tomando-se como base os mesmos termos de procura bem como a repercussão da decisão STA 175, de 2009, cujo relator foi o Min. Gilmar Mendes.Palavras-chave: Direito à saúde. Reserva do possível. Poder Judiciário. Estado.HEALTH LAW AND JUDICIARY: decisions in the Court of Maranhão StateAbstract: The study aims to at analyzing the judgments TJMA considering individual claims related to the execution and guaranteeing the right to health, from the offer of medical treatment / medication specific for the state. Analyze the reasons for decisions and actions of the judiciary before the defense justified as "possible reserves" by the public entity. Based on the theory of reserve for the state defends itself saying it is impossible to provide specific services or considering the general public health policy or financial matters. In turn, the judiciary is manifested sometimes claim considering the individual (most common position) now that possibility away. Based on the decision of the Supreme Court, it was determined minimum standards for decisions to be able to meet the specific demands without compromising the widespread activity by the state. The choice of the decisions was conducted through survey to the official Court of the State of Maranhão considering the terms "health - state - reserve the possible." The decisions analyzed refer to the last five years. Since the decisions of higher courts were analyzed taking as base the same search terms as  well as the impact of the decision STA 175, 2009, which was the rapporteur Justice Gilmar Mendes.Keywords: Right to health. Possible Reservation. The Judiciary Power. State.EL PODER JUDICIAL Y EL DERECHO A LA SALUD: decisiones en la esfera del Tribunal de Justicia del estado de MaranhãoResumen: El trabajo tiene como objetivo analizar decisiones en juicios del TJMA considerando reclamaciones individuales relacionadas con la ejecución y garantía del derecho a la salud, a partir de la oferta de tratamientomédico / medicamento específico por el estado. Analizar las razones de las decisiones y acciones del poder judicial ante defensas justificadas como "reservas posibles" por la entidad pública. Sobre la base de la teoría de la reserva posible, el Estado se defiende diciendo que es imposible proporcionar servicios específicos, considerando la política general de salud pública o los asuntos financieros. Por su parte, el Poder Judicial se manifiesta a veces considerando la posición individual (posición más común) y otras veces desconsiderándola. Sobre la base de la decisión de la Corte Suprema de Justicia, se definieron las normas mínimas para que las decisiones sean capaces de satisfacer las demandas específicas sin comprometer la actividad generalizada por el estado. La elección de las decisiones se llevó a cabo mediante una encuesta oficial a la Corte del Estado de Maranhão, teniendo en cuenta los términos "salud - estado -. Reserva de lo posible" Las decisiones analizadas se refieren a los últimos cinco años. Por otro lado, las decisiones de los tribunales superiores fueron analizadas tomando como base los mismos términos de búsqueda, así como el impacto de la decisión STA 175 de 2009, relatada por el Ministro de la Justicia Gilmar Mendes.Palabras clave: Derecho a la salud. Reserva posible. Poder Judicial. Estado.

scholarly journals The concept of human rights: doctrinal approaches

2020 ◽  
Vol 11 (11) ◽  
pp. 258-264
Author(s):  
Chepulchenko T. О.
Keyword(s):  
Human Rights ◽  
Natural Law ◽  
The State ◽  
Reference Points ◽  
Theory And Practice ◽  
Modern Concept ◽  
The Government ◽  
The Individual ◽  
The Right ◽  
The Relationship

The article examines the modern concept of human rights as the universally accepted system of views and attitudes about the place and role of human rights in the society and the state. The list of human rights enshrined in these international instruments and the constitutions of many countries, was the result of a long historical development of samples and standards of human life and the entire community. It is emphasized that on the basis of a combination of natural and positivistic concepts of human rights and made possible the consolidation of fundamental freedoms in the constitutions of democratic States. The article focuses on the basic concepts of how to solve the problem of human rights and legal status of the individual which have developed in the history of legal theory and practice of various peoples: liberal (European) concept of human rights, collectivist, Islamic and traditionalist concept. It is emphasized that a decisive influence on the establishment of human rights made on the liberal conception of natural law doctrine, which established the priority of human rights, the new parameters of the relationship between the individual and the government. In the statement of the rights and freedoms of man played an important role in their ideological, doctrinal justification – the doctrine of natural human rights that do not depend on the discretion and arbitrariness of the government, and it is aimed at ensuring the rights defined by nature. Based on this doctrine and on the above mentioned international legal instruments, the new Constitution of Ukraine establishes a number of new rights, which were previously unknown or Constitution of the Soviet Ukraine nor the Ukrainian legislation: the right to life, right to dignity, the right to respect for private and family life, freedom of movement and free choice of residence, right to freedom of thought and speech, free expression of views and beliefs, and so on. Therefore, a new concept of the relationship between the Ukrainian state and the person with priority to the latter is brought to life, since the category of human rights operates solely in relations between man and power. Human rights are the limits of power. They define the sphere of human activity in which the power (the state) cannot interfere and the responsibilities which the state has for the human being. The article also discusses four generations of human rights, it is noted that in the XXI century. we can talk about the formation of the fourth generation of human rights, which is connected with the scientific discoveries in the field of microbiology, medicine, genetics and more. It is this generation that is at the center of intense debate precisely in terms of the naturalness of these phenomena and processes, from the standpoint of morality and worldview of a particular society, as well as based on the content of scientific doctrine. As a conclusion, the author writes that the legally enshrined legal position of a person has as its basis a liberal and natural-law concept, which stipulated as the primary principles freedom and inalienability, inalienability of human rights that belong to it from birth. Reference points are made in the relationship between the state and man - freedom, equality, the rule of law, the universality of human rights. And on these principles, principles, in addition to the actual scope of human rights and obligations, are exercised by these rights and freedoms. Keywords: constitution, concept of human rights, international legal act, human rights, natural law.

Malaysia

2014 ◽  
pp. 264-283
Author(s):  
Vince Eng Teong See
Keyword(s):  
Similar Case ◽  
The State ◽  
The Internet ◽  
Antitrust Law ◽  
History Of ◽  
Right To Information ◽  
The Individual ◽  
The Right ◽  
The Relationship

While the right to information has in most instances focused on the relationship between the individual and the state, there may be some instances where such a right is impeded due to private restraints or anti-competitive behaviors. This chapter is intended to recapitulate a period in the history of newspaper publishing when private restraints or behaviors that may otherwise be anti-competitive were used in an attempt to kill off a new daily at its inception. The episode took place at a time when there was no competition or antitrust law in force. It occurred when the Internet had just found its way to Malaysia and when printed newspapers were the main tools to disseminate news. This chapter also looks at the essential facilities doctrine and a similar case in another jurisdiction, and how these might have been applied to the episode.

Accent Policy and Accent Modification Enterprises as Potential Indicators of Intercultural Power Relations: A Call for an Updated Research Agenda

2013 ◽  
Vol 3 (1) ◽  
pp. 22-33 ◽  
Author(s):  
Brynne D. Ovalle ◽  
Rahul Chakraborty
Keyword(s):  
International Relations ◽  
Identity Construction ◽  
Social Theory ◽  
Power Relations ◽  
Linguistic Diversity ◽  
Cultural Organization ◽  
Using Data ◽  
The Individual ◽  
The Impact ◽  
The Relationship

This article has two purposes: (a) to examine the relationship between intercultural power relations and the widespread practice of accent discrimination and (b) to underscore the ramifications of accent discrimination both for the individual and for global society as a whole. First, authors review social theory regarding language and group identity construction, and then go on to integrate more current studies linking accent bias to sociocultural variables. Authors discuss three examples of intercultural accent discrimination in order to illustrate how this link manifests itself in the broader context of international relations (i.e., how accent discrimination is generated in situations of unequal power) and, using a review of current research, assess the consequences of accent discrimination for the individual. Finally, the article highlights the impact that linguistic discrimination is having on linguistic diversity globally, partially using data from the United Nations Educational, Scientific and Cultural Organization (UNESCO) and partially by offering a potential context for interpreting the emergence of practices that seek to reduce or modify speaker accents.

Investigating the Relationship Between Self-Esteem and Stigma Among Young Adults With History of Suicide Attempts

Crisis ◽  
2016 ◽  
Vol 37 (4) ◽  
pp. 265-270 ◽  
Author(s):  
Meshan Lehmann ◽  
Matthew R. Hilimire ◽  
Lawrence H. Yang ◽  
Bruce G. Link ◽  
Jordan E. DeVylder
Keyword(s):  
Young Adults ◽  
Suicide Attempts ◽  
Self Esteem ◽  
High Risk Population ◽  
High Functioning ◽  
People With Mental Illness ◽  
History Of ◽  
The Individual ◽  
The Impact ◽  
The Relationship

Abstract. Background: Self-esteem is a major contributor to risk for repeated suicide attempts. Prior research has shown that awareness of stigma is associated with reduced self-esteem among people with mental illness. No prior studies have examined the association between self-esteem and stereotype awareness among individuals with past suicide attempts. Aims: To understand the relationship between stereotype awareness and self-esteem among young adults who have and have not attempted suicide. Method: Computerized surveys were administered to college students (N = 637). Linear regression analyses were used to test associations between self-esteem and stereotype awareness, attempt history, and their interaction. Results: There was a significant stereotype awareness by attempt interaction (β = –.74, p = .006) in the regression analysis. The interaction was explained by a stronger negative association between stereotype awareness and self-esteem among individuals with past suicide attempts (β = –.50, p = .013) compared with those without attempts (β = –.09, p = .037). Conclusion: Stigma is associated with lower self-esteem within this high-functioning sample of young adults with histories of suicide attempts. Alleviating the impact of stigma at the individual (clinical) or community (public health) levels may improve self-esteem among this high-risk population, which could potentially influence subsequent suicide risk.

When the State Speaks, What Should It Say?

2012 ◽  
Author(s):  
Corey Brettschneider
Keyword(s):  
Freedom Of Expression ◽  
The State ◽  
Hate Groups ◽  
New Approach ◽  
State Action ◽  
Democratic State ◽  
Theory Of Value ◽  
The Right ◽  
Equal Citizenship ◽  
The Ideal

How should a liberal democracy respond to hate groups and others that oppose the ideal of free and equal citizenship? The democratic state faces the hard choice of either protecting the rights of hate groups and allowing their views to spread, or banning their views and violating citizens' rights to freedoms of expression, association, and religion. Avoiding the familiar yet problematic responses to these issues, this book proposes a new approach called value democracy. The theory of value democracy argues that the state should protect the right to express illiberal beliefs, but the state should also engage in democratic persuasion when it speaks through its various expressive capacities: publicly criticizing, and giving reasons to reject, hate-based or other discriminatory viewpoints. Distinguishing between two kinds of state action—expressive and coercive—the book contends that public criticism of viewpoints advocating discrimination based on race, gender, or sexual orientation should be pursued through the state's expressive capacities as speaker, educator, and spender. When the state uses its expressive capacities to promote the values of free and equal citizenship, it engages in democratic persuasion. By using democratic persuasion, the state can both respect rights and counter hateful or discriminatory viewpoints. The book extends this analysis from freedom of expression to the freedoms of religion and association, and shows that value democracy can uphold the protection of these freedoms while promoting equality for all citizens.

The Right to Housing: Challenges Associated with the ‘Waiting List System’ Ekurhuleni Metropolitan Municipality V Various Occupiers, Eden Park Extension 5 2014 3 SA 23 (SCA)

2017 ◽  
Vol 30 (1) ◽  
pp. 112-121
Author(s):  
Shamier Ebrahim
Keyword(s):  
Supreme Court ◽  
Waiting Lists ◽  
The State ◽  
Waiting List ◽  
Allocation Process ◽  
The Supreme Court ◽  
The Right ◽  
The Impact ◽  
Court Of Appeal

The right to adequate housing is a constitutional imperative which is contained in section 26 of the Constitution. The state is tasked with the progressive realisation of this right. The allocation of housing has been plagued with challenges which impact negatively on the allocation process. This note analyses Ekurhuleni Metropolitan Municipality v Various Occupiers, Eden Park Extension 51 which dealt with a situation where one of the main reasons provided by the Supreme Court of Appeal for refusing the eviction order was because the appellants subjected the unlawful occupiers to defective waiting lists and failed to engage with the community regarding the compilation of the lists and the criteria used to identify beneficiaries. This case brings to the fore the importance of a coherent (reasonable) waiting list in eviction proceedings. This note further analyses the impact of the waiting list system in eviction proceedings and makes recommendations regarding what would constitute a coherent (reasonable) waiting list for the purpose of section 26(2) of the Constitution.

THE VALUE OF LOVE IN THE SYSTEM OF FORMATION OF THE PROFESSIONAL MATURITY OF THE EDUCATOR

2020 ◽  
Vol 1 (10(79)) ◽  
pp. 12-18
Author(s):  
G. Bubyreva
Keyword(s):  
Russian Federation ◽  
The State ◽  
Educational Process ◽  
Wide Range ◽  
The Family ◽  
The Russian Federation ◽  
The Government ◽  
The Individual ◽  
The Right

The existing legislation determines the education as "an integral and focused process of teaching and upbringing, which represents a socially important value and shall be implemented so as to meet the interests of the individual, the family, the society and the state". However, even in this part, the meaning of the notion ‘socially significant benefit is not specified and allows for a wide range of interpretation [2]. Yet the more inconcrete is the answer to the question – "who and how should determine the interests of the individual, the family and even the state?" The national doctrine of education in the Russian Federation, which determined the goals of teaching and upbringing, the ways to attain them by means of the state policy regulating the field of education, the target achievements of the development of the educational system for the period up to 2025, approved by the Decree of the Government of the Russian Federation of October 4, 2000 #751, was abrogated by the Decree of the Government of the Russian Federation of March 29, 2014 #245 [7]. The new doctrine has not been developed so far. The RAE Academician A.B. Khutorsky believes that the absence of the national doctrine of education presents a threat to national security and a violation of the right of citizens to quality education. Accordingly, the teacher has to solve the problem of achieving the harmony of interests of the individual, the family, the society and the government on their own, which, however, judging by the officially published results, is the task that exceeds the abilities of the participants of the educational process.  The particular concern about the results of the patriotic upbringing served as a basis for the legislative initiative of the RF President V. V. Putin, who introduced the project of an amendment to the Law of RF "About Education of the Russian Federation" to the State Duma in 2020, regarding the quality of patriotic upbringing [3]. Patriotism, considered by the President of RF V. V. Putin as the only possible idea to unite the nation is "THE FEELING OF LOVE OF THE MOTHERLAND" and the readiness for every sacrifice and heroic deed for the sake of the interests of your Motherland. However, the practicing educators experience shortfalls in efficient methodologies of patriotic upbringing, which should let them bring up citizens, loving their Motherland more than themselves. The article is dedicated to solution to this problem based on the Value-sense paradigm of upbringing educational dynasty of the Kurbatovs [15].

scholarly journals The Impact of Alkaloid-Producing Epichloë Endophyte on Forage Ryegrass Breeding: A New Zealand Perspective

Toxins ◽  
2021 ◽  
Vol 13 (2) ◽  
pp. 158
Author(s):  
Colin Eady
Keyword(s):  
Seed Production ◽  
Health Issues ◽  
Abiotic Stressors ◽  
Livestock Health ◽  
The Right ◽  
The Impact ◽  
The Relationship ◽  
And Storage ◽  
Selection Of ◽  
Epichloë Endophyte

For 30 years, forage ryegrass breeding has known that the germplasm may contain a maternally inherited symbiotic Epichloë endophyte. These endophytes produce a suite of secondary alkaloid compounds, dependent upon strain. Many produce ergot and other alkaloids, which are associated with both insect deterrence and livestock health issues. The levels of alkaloids and other endophyte characteristics are influenced by strain, host germplasm, and environmental conditions. Some strains in the right host germplasm can confer an advantage over biotic and abiotic stressors, thus acting as a maternally inherited desirable ‘trait’. Through seed production, these mutualistic endophytes do not transmit into 100% of the crop seed and are less vigorous than the grass seed itself. This causes stability and longevity issues for seed production and storage should the ‘trait’ be desired in the germplasm. This makes understanding the precise nature of the relationship vitally important to the plant breeder. These Epichloë endophytes cannot be ‘bred’ in the conventional sense, as they are asexual. Instead, the breeder may modulate endophyte characteristics through selection of host germplasm, a sort of breeding by proxy. This article explores, from a forage seed company perspective, the issues that endophyte characteristics and breeding them by proxy have on ryegrass breeding, and outlines the methods used to assess the ‘trait’, and the application of these through the breeding, production, and deployment processes. Finally, this article investigates opportunities for enhancing the utilisation of alkaloid-producing endophytes within pastures, with a focus on balancing alkaloid levels to further enhance pest deterrence and improving livestock outcomes.

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