scholarly journals Culture, Law and War: On the Feasibility of the Project of «Eternal Peace», or on Some Methodological Issues of the Philosophy of Law

2021 ◽  
pp. 72-91
Author(s):  
Olexander Lytvynov
Keyword(s):  
Human Rights ◽  
Social Parasitism ◽  
Social Philosophy ◽  
Cultural Development ◽  
Necessary Condition ◽  
Philosophy Of Law ◽  
Human Relationships ◽  
Cultural Form ◽  
Common Destiny

The aim of the article is to continue the study of law as a cultural phenomenon, in this case as an introduction to the problems of the XXVIII World Congress on the Philosophy of Law and Social Philosophy “Peace Based on Human Rights”. It is offered as an opportunity for additional substantiation of the idea of eternal peace (I. Kant) from the position of a culturological approach as one of the methodological tools of the philosophy of law. The concept developed by the author makes it possible to appeal to the ideal structures of consciousness not only in a purely epistemological aspect and phenomenological context, but also based on the ontological foundations of moral and legal culture. Thus, it becomes obvious and necessary to distinguish between anthropological and culturological approaches to substantiate the removal of the very concept of war beyond the boundaries of culture into the sphere of the unacceptable, what qualifies as a crime. Such a process of human development as a cultural development is natural in the sense of acquiring proper human qualities – it is overcoming the animal component of man (Aristotle and others). The philosophical and ideological foundations of this direction of development are the concepts that have received legal formalization primarily in the concept of human rights. The cultural form of overcoming the animal (in the cultural sense – criminal) principle in a person is play, which has found embodiment in various forms of agonal interaction, primarily in sports, as well as in art. Law as a formulation of the rules of cultural interaction becomes a necessary condition for survival, and the extension of this (culturological) principle to humanity (as a common destiny) makes the anthropological approach, in the form in which it is interpreted in modern (domestic) jurisprudence, limited and partial not only in a logical, but also in a humanitarian sense. The necessity of understanding the logical correlation of the concepts of “privilege” and “social parasitism” with the concept of “war” is shown. The transfer of “war” (regardless of interpretations and definitions) beyond the boundaries of culture (or truly human relationships) becomes necessary, as well as understanding the role of law in ensuring such a state of humanity.

scholarly journals Role of the Philosophy of Law in the process of unifying the legal systems of the members of the European Union in the context of the Common Framework of Reference Project v

2021 ◽  
Vol 39 (68) ◽  
pp. 463-475
Author(s):  
Fursa Svitlana Yaroslavivna ◽  
Kukhniuk Dmitriy Vladimirovich ◽  
Bondar Iryna Vadymivna ◽  
Maliarchuk Liubov Sergiivna ◽  
Derii Olena Olexsandrivna
Keyword(s):  
European Union ◽  
The State ◽  
Necessary Condition ◽  
Legal Systems ◽  
The European Union ◽  
Philosophy Of Law ◽  
Strategic Direction ◽  
Common Framework ◽  
The Common

The study discusses the role of the philosophy of law in the process of unifying legal systems through the prism of the principles of the Draft Common Framework of Reference in Europe. The application of the philosophy of law in unification processes is also a necessary condition for the implementation of these processes about human rights and the sovereign interests of the State, which implements the unification of the legal order. Hence, the issue of European integration determines the strategic direction of the state, and this leads to the unification of law. The study aims to identify the role of the philosophy of law in the processes of unifying the legal systems of the European Union and its importance in the use of principles in these processes, justifying the need to use the philosophy of law in any process of transformation. It is concluded that the philosophy of law is a bridge harmonized with the legal sphere of operation of both individual states and supranational associations.

Human Rights-Based Approaches to World Heritage Conservation in Bagan, Myanmar: Conceptual, Political, and Practical Considerations

2018 ◽  
Vol 25 (1) ◽  
pp. 111-133 ◽  
Author(s):  
Anne-Laura Kraak
Keyword(s):  
Human Rights ◽  
Land Rights ◽  
World Heritage ◽  
Cultural Development ◽  
Heritage Conservation ◽  
Administrative Capacity ◽  
The World ◽  
Practical Factors ◽  
Practical Level

Abstract:This article considers the role of recently adopted human rights-based policies in the context of preparations for the world heritage nomination of Bagan in Myanmar. Several conceptual, political, and practical factors influence the way in which such policies can be implemented. Conceptually, conflicting interpretations of the meaning of certain categories of human rights—most notably, cultural, development, and land rights—create ambiguity about who has rights to what. Politically, multilateral and bilateral negotiations between states parties inform whether and how human rights-based policies are enforced. On a practical level, implementation of such policies may be challenged by the low legal and administrative capacity of the state of Myanmar. Taking account of these factors, it is argued that human rights-based approaches can provide certain valuable insights but remain subject to serious limitations.

The Kenya National Commission on Human Rights under the 2010 Constitutional Dispensation

2018 ◽  
Vol 26 (2) ◽  
pp. 205-226
Author(s):  
Bonolo Ramadi Dinokopila ◽  
Rhoda Igweta Murangiri
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
National Commission ◽  
Bill Of Rights ◽  
Institutional Perspective ◽  
Post Conflict ◽  
National Human ◽  
The Status ◽  
Protection Of Human Rights

This article examines the transformation of the Kenya National Commission on Human Rights (KNCHR) and discusses the implications of such transformation on the promotion and protection of human rights in Kenya. The article is an exposition of the powers of the Commission and their importance to the realisation of the Bill of Rights under the 2010 Kenyan Constitution. This is done from a normative and institutional perspective with particular emphasis on the extent to which the UN Principles Relating to the Status of National Institutions for the promotion and protection of human rights (the Paris Principles, 1993) have been complied with. The article highlights the role of national human rights commissions in transformative and/or transitional justice in post-conflict Kenya. It also explores the possible complementary relationship(s) between the KNCHR and other Article 59 Commissions for the better enforcement of the bill of rights.

Provision of Remedies for Violation of Economic, Social and Cultural Rights: A Comparative Study of the United Nations, Inter-American and African Human Rights Systems

2020 ◽  
Vol 28 (2) ◽  
pp. 298-318
Author(s):  
Roman Girma Teshome
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Comparative Study ◽  
Economic Rights ◽  
Regional Monitoring ◽  
Cultural Rights ◽  
The Past ◽  
The United Nations ◽  
To Receive

The effectiveness of human rights adjudicative procedures partly, if not most importantly, hinges upon the adequacy of the remedies they grant and the implementation of those remedies. This assertion also holds water with regard to the international and regional monitoring bodies established to receive individual complaints related to economic, social and cultural rights (hereinafter ‘ESC rights’ or ‘socio-economic rights’). Remedies can serve two major functions: they are meant, first, to rectify the pecuniary and non-pecuniary damage sustained by the particular victim, and second, to resolve systematic problems existing in the state machinery in order to ensure the non-repetition of the act. Hence, the role of remedies is not confined to correcting the past but also shaping the future by providing reforming measures a state has to undertake. The adequacy of remedies awarded by international and regional human rights bodies is also assessed based on these two benchmarks. The present article examines these issues in relation to individual complaint procedures that deal with the violation of ESC rights, with particular reference to the case laws of the three jurisdictions selected for this work, i.e. the United Nations, Inter-American and African Human Rights Systems.

Solidarity and Social Justice in the European Union Seventy Years after the Universal Declaration of Human Rights: The Role of European Judges

2019 ◽  
Vol 76 (3-4) ◽  
pp. 138-148
Author(s):  
Francesco Zammartino
Keyword(s):  
Human Rights ◽  
Universal Declaration ◽  
Social Progress ◽  
Economic Policies ◽  
International Level ◽  
The European Union ◽  
Human Beings ◽  
Government Programs ◽  
Binding Force

Seventy Years after its proclamation, the Universal Declaration of Human Rights, despite not having a binding force for the states, still provides at international level the fundamental text from which the principles and the values for the preservation of liberty and right of people are taken. In this article, the author particularly underlines the importance of Declaration’s article 1, which states: “All human beings are born free and equal in dignity and rights”. With these words the Declaration presses states to undertake economic policies aimed at achieving economic and social progress for all individuals. Unfortunately, we also have to underline the lack of effective social policies in government programs of the E.U. Member States. The author inquires whether it is left to European judges to affirm the importance of social welfare.

Reforming the Role of the African Commission on Human and Peoples’ Rights in Advancing Democratic Principles and Human Rights in African Countries: An Examination Using the Lens of Swaziland/ eSwatini

2019 ◽  
Vol 34 (2) ◽  
Author(s):  
Jeremy Sarkin
Keyword(s):  
Human Rights ◽  
African Countries ◽  
Individual Country ◽  
The Status ◽  
Effective Role ◽  
Limited Compliance ◽  
Fact Finding ◽  
Democratic Principles ◽  
African Commission

This article explores the role of the African Commission on Human and Peoples’ Rights and the role it plays regarding human rights in individual country situations in Africa. It specifically examines the extent to which it has been able to advance a human rights agenda in countries with long-standing human rights problems. The article uses Swaziland/ eSwatini as a lens to examine the matter, because of the longstanding problems that exist in that country. This is done to indicate how the institution works over time on a country’s human rights problems. The article examines a range of institutional structural matters to establish how these issues affect the role of the Commission in its work. The article examines the way in which the Commission uses its various tools, including its communications, the state reporting processes, fact-finding visits, and resolutions, to determine whether those tools are being used effectively. The article examines how the Commission’s processes issues also affect it work. Issues examined negatively affecting the Commission are examined, including problems with the status of its resolutions and communications, limited compliance with its outcomes, and inadequate state cooperation. Reforms necessary to enhance to role and functions of the Commission are surveyed to determine how the institution could become more effective. The African Union’s (AU|) Kagame Report on AU reform is briefly reviewed to examine the limited view and focus of AU reform processes and why AU reform ought to focus on enhancing human rights compliance. The article makes various suggestions on necessary institutional reforms but also as far as the African Commission’s procedures and methods of work to allow it to have a far more effective role in the promotion and protection of human rights on the continent. It is noted that political will by the AU and African states is the largest obstacle to giving the Commission the necessary independence, support and assistance that it needs to play the role in Africa that it should.

Coming out of the closet? Audience reactions to the heteronormative disruptive advertising

2020 ◽  
Vol 3 (2) ◽  
pp. 75-102
Author(s):  
Ramasela Semang L. Mathobela ◽  
Shepherd Mpofu ◽  
Samukezi Mrubula-Ngwenya
Keyword(s):  
Social Media ◽  
Human Rights ◽  
Coming Out ◽  
Gender Issues ◽  
Qualitative Approach ◽  
Positive Development ◽  
Global Trend ◽  
Social Media Platforms ◽  
The Media

An emerging global trend of brands advertising their products through LGBTIQ+ individuals and couples indicates growth of gender awareness across the globe. The media, through advertising, deconstructs homophobia and associated cultures through the use of LGBTIQ+s in commercials. This qualitative research paper centres the advancement of debates on human rights and social media as critical in the interaction between corporates and consumers. The Gillette, Chicken Licken‘s Soul Sisters and We the Brave advertisements were used to critically analyse how audiences react to the use of LGBTIQ+ characters and casts through comments posted on the brands‘ social media platforms. Further, the paper explored the role of social media in the mediation of significant gender issues such as homosexuality that are considered taboo to engage in. The paper used a qualitative approach. Using the digital ethnography method to observe comments and interactions from the chosen advertisement‘s online platforms, the paper employed queer and constructionist theories to deconstruct discourses around same-sex relations as used in commercials, especially in quasiconservative. The data used in the paper included thirty comments of the brands customers and audiences obtained from Twitter, Facebook and YouTube. The paper concludes there are positive development in human rights awareness as seen through advertisements and campaigns that use LGBTIQ+ communities in a positive light across the world.

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