scholarly journals Human Rights in the Context of Asian and European Legal Values

2021 ◽  
Vol 2021 (4) ◽  
pp. 338-347
Author(s):  
Oleg Vinnichenko ◽  
Elena Gladun ◽  
Zhumabek Busurmanov
Keyword(s):  
Human Rights ◽  
Cultural Values ◽  
Historical Memory ◽  
National Level ◽  
Legal Consciousness ◽  
Moral Norms ◽  
Legal Norms ◽  
Legal Ideology ◽  
Personal Rights ◽  
The Individual

This article substantiates the need to consolidate human rights through various international legal mechanisms, including regional conventions on human rights that reflect specific legal and cultural values. The authors analyzed the Oriental legal values that differ from those in the Occidental. Borrowed elements of foreign culture and standard legal norms do not provide effective implementation of international documents at the national level. In fact, a lot of contemporary conflicts originate in the gap between the official legal ideology and the traditional legal consciousness, which is typical of most Asian countries. The interdisciplinary and civilizational (sociocultural) approaches revealed that most Shanghai Cooperation Organization countries adhere to the so-called Asian values, e.g. collectivism; priority of family, clan, and nation interests; idealization of the authorities; detachment from active political and legal life, adherence to moral norms, etc. The authors believe that, along with the Universal Declaration of Human Rights, there may be regional concepts and international regional acts based on civilizational identity, historical memory and experience. Eurasian countries need a new concept of human rights, which will combine universal and Asian legal values, e.g. priority of the community and state over the individual; the advantage of public order over the personal rights and freedoms; common wellbeing; significance of moral and religious rules; admiration for strong political leaders, etc. This concept will make it possible to integrate Asian mentality, lore, and national philosophy into standard human rights. The concept might help to resolve various conflicts that occur between global legal ideology and traditional legal mentality of most Asian societies.

scholarly journals Improving Human Rights Protection on the national and the European Level

2015 ◽  
pp. 36-51
Author(s):  
RUDOLF DUR SCHNUTZ
Keyword(s):  
Human Rights ◽  
National Level ◽  
European Level ◽  
Human Rights Protection ◽  
Current State ◽  
European Court ◽  
Protection Of Human Rights ◽  
Venice Commission ◽  
Effective Remedy ◽  
The Individual

The recent move towards the individual access to constitutional justice is a progress for protection of human rights in Europe. The explicit purpose of these efforts is to settle human rights issues on the national level and to reduce the number of cases at the Strasbourg Court. Such individual complaints have to be designed in a way that makes them an effective remedy which has to be exhausted before a case can be brought before the European Court of Human Rights. This paper points out the current state of these improvements on the national level in a difficult context on the European level and the recommendations of the Venice Commission in this regard.

Part I The International Law of Tainted Money, 6 International Legal Sources V—the UN Security Council Delisting Procedure

2017 ◽  
Author(s):  
Grant Tom
Keyword(s):  
Human Rights ◽  
International Law ◽  
Security Council ◽  
National Level ◽  
Procedural Fairness ◽  
Individual Rights ◽  
International Level ◽  
Un Security Council ◽  
The Individual

This chapter considers a particular aspect of the UN Security Council sanctions regime: the procedure for removing individuals or entities from the Sanctions List. The novelty of the delisting procedure justifies considering it in some detail. The delisting procedure is the main response at the international level to the human rights question raised by the Security Council sanctions regime. Because certain consequences for an individual follow at the national level from the fact of the individual having been listed, a procedure that goes to the listing itself holds particular interest for those to whom the regime might apply. The chapter concludes that the delisting procedure will continue to evolve as the Security Council grapples with procedural fairness and individual rights with which it has not historically had much to do.

RIGHTS AND DIGNITY OF THE INDIVIDUAL IN THE SOCIAL TEACHING OF THE PATRIARCHATE OF CONSTANTINOPLE

2021 ◽  
pp. 79-92
Author(s):  
Bohdan Gulyamov
Keyword(s):  
Human Rights ◽  
Religious Discourse ◽  
Legal Consciousness ◽  
Social Teaching ◽  
Orthodox Church ◽  
Social Doctrine ◽  
The Social ◽  
Personal Dignity ◽  
The Many ◽  
The Individual

The concept of human rights and the dignity of the individual, contained in the new social doctrine of the Patriarchate of Constantinople, proposes to recognize modern theories of human rights and their implementation in today's democracy as self-evident truths. These truths are quite legitimate in religious discourse, because the personal dignity of man as capable of mystical communion with God is absolute. The Orthodox Church presupposes that the dignity and freedom of the individual, his vocation and perfection are much higher than all the many values and norms offered by modern secular moral and legal consciousness, relevant international acts and constitutional norms. In the field of social doctrine, this leads to the requirement of absolute recognition of classical human rights and freedoms. No conclusions are drawn about the need to accept today's expanded interpretation of human rights, because the absolute dignity of the individual is not protected for the sake of approving ideas and practices that show signs of totalitarian coercion.

HISTORY OF DEVELOPMENT OF REPRESENTATIONS ABOUT PERSONAL RIGHTS AND FREEDOMS OF HUMAN AND CITIZEN

2020 ◽  
Author(s):  
Тамила Магомедовна Нинциева
Keyword(s):  
Human Rights ◽  
History Of Development ◽  
Personal Rights ◽  
History Of ◽  
The Individual ◽  
Historical Periods

В настоящее время вопросы прав человека и равенства вновь начали широко обсуждаться, привлекая внимание всего общества. В данной статье рассматриваются отдельные этапы становления и развития представлений о личных правах и свободах человека и гражданина в различные исторические периоды. currently, human rights and equality issues have again begun to be widely discussed, attracting the attention of the whole society. this article discusses the individual stages of the formation and development of ideas about personal rights and freedoms of man and citizen in various historical periods.

scholarly journals FORMS OF EXISTENCE OF LAW IN THE PEDAGOGICAL THEORY AND PRACTICE OF AS MAKARENKO

2021 ◽  
pp. 119-123
Author(s):  
Yu. KARABUT
Keyword(s):  
Social Relations ◽  
Legal Education ◽  
Educational Practice ◽  
Theory And Practice ◽  
Children And Youth ◽  
Legal Consciousness ◽  
Educational Impact ◽  
Legal Norms ◽  
The Individual ◽  
And Behavior

The article deals with the problem of using the experience of AS Makarenko in modern educational practice, in particular, the legal education of children and youth. A.S. As a teacher, Makarenko left a lot of evidence of how juvenile delinquents became law-abiding citizens. From these positions, the forms of existence of law, reflected in its theoretical and practical heritage, are of considerable interest for the implementation of effective educational impact on young people.In the context of the children's team, whose members were freed from anarchic, criminal in many ways on the basis of upbringing and education, such forms (levels) of law as legal consciousness (awareness of the need to coexist on legal grounds) can be traced; legal norms - orderly rules that everyone who did not want to be outside the human community was forced to follow; legal relations - a system of relations that, providing the requests of the individual, did not contradict the most universally recognized requests of the whole community.The author concludes that analyzing the experience of A.S. Makarenko and considering the law as an order of social relations, which is manifested in the actions and behavior of people, we observe in the institutions headed by a prominent teacher, the personal progress of students as conscious subjects of legal relations. There is reason to conclude that this process reflects the main goals and means of Makarenko's educational system as such and further study will reveal more generalized, and therefore important for today's conditions, pedagogical principles of legal education of children and youth.

scholarly journals The moral principles of universality of human rights

2020 ◽  
Vol 11 (11) ◽  
pp. 138-145
Author(s):  
Lvova O. L.
Keyword(s):  
Human Rights ◽  
Cultural Values ◽  
Social Relations ◽  
Fundamental Principle ◽  
Small Community ◽  
Moral Norms ◽  
Public Morality ◽  
Moral Foundation ◽  
Moral Principles ◽  
The Law

The article is an analysis of morality as the characteristics of meaningful in the understanding of human rights as a fundamental principle of their universality. Focuses on the understanding of the universality of human rights. Does this mean that any state expressly reserves all facets of universality (legal, moral) to join its public policy, or universality is based solely on the moral Foundation that emerged in the process of development of social relations and General acceptable for any order. It is noted that current processes of globalization, which seek to universalise human rights is a great challenge with respect to ideas about human nature. Universalization involves determining the value of a certain standard, a kind of legal standard or sample, usefulness and progressiveness which must not be challenged. The attention is paid to conflict legal and moral protection of human rights. It is noted that from the point of view of morality as a means of regulation of social relations and a fundamental principle in ensuring human rights, particularly the criterion of universality, which is multicultural and international. According to the tradition of natural law, the authority of law inevitably relies on the connection of law with morality. So obvious is the importance of moral norms as a meaningful, inherent characteristics of human rights, that is what gives them universality. Because morality exists primarily in the minds of the people, no legal act is not able to fully reflect all the manifestations of public morality. However, numerous international legal instruments that protect human rights, issues of public morality sometimes takes an exceptional place, with this in mind, the analysis is conducted of the norms of international acts and national legislation. In particular, referred to the Law of Ukraine «On protection of public morality», which defines the notion of public morality as a system of ethics, rules of conduct prevailing in the society based on traditional spiritual and cultural values, concepts of good, honor, dignity, public duty, conscience, and justice. However in the state there is a lot of destructive phenomena that go against morals and which is caused by the impulses to tolerance, prejudice the rights of other members of civil society. In particular, we analyze the provisions of the Istanbul Convention, the provisions of which are inconsistent with the Ukrainian legislation and norms of public morality. Proves the impossibility of its ratification in respect of the unjustified creation of additional privileges for the gay, lesbian, bisexual or transgender, which is contrary to art.24 of the Constitution of Ukraine, according to which citizens have equal constitutional rights and freedoms and are equal before the law and that there can be no privileges or restrictions on various grounds. As a conclusion, the crisis of morality is stated, which, in case of further introduction of immoral laws into the sphere of human rights, will become a social crisis, a moral crisis of the Ukrainian nation, where there is no boundary between good and evil, love and hate, justice and public welfare. it can benefit an individual or a small community. And the above-mentioned immorality at the level of implementation in the field of human rights claims to be universal and universal, regardless of the rule of law. Keywords: dignity, globalization, good, morality, human rights, universality.

scholarly journals Intersubjectivity legal culture of young people.

2021 ◽  
Vol 13 (2) ◽  
pp. 223-235
Author(s):  
Larisa V. Bykasova ◽  
Keyword(s):  
Young People ◽  
Modern Society ◽  
Legal Culture ◽  
Legal Consciousness ◽  
Legal Practice ◽  
Legal Ideology ◽  
Illegal Behavior ◽  
Legal Psychology ◽  
The Status ◽  
The Individual

Introduction: from the perspective of a synergetic approach, the article attempts to reflect the conditions for the formation of the legal culture of young people, as a state of legal awareness, legality, perfection of legislation and legal practice, expressing the status of law as a certain social value realized in the process of modern education in a pedagogical university, which allows us to implement a system of legal attitudes that reflect the attitude of Russian citizens to the current law, to legal practice, to human rights, freedoms and duties. Materials and methods: the use of the method of humanitarian expertise determines the direction of human activity in modern society, clearly identifies the main discourses of the assignment of the subject of education to the norms of legal culture; legal ideology; types of legal consciousness according to the degree of their generality and content. Results of the study: as a result of the rapid examination, which includes the generalization and systematization of reflexive knowledge about the state of legal culture of Russian students, their ideas about the rule of law and legality, lawful and illegal behavior, updated law enforcement acts, conclusions are drawn about the unfolding of certain aspects of public and individual consciousness, the object of which is legislation as a whole, from the standpoint of intentionality, performativity, media; on the identification of risks in the organization of training of modern pedagogical personnel-the main translators of law, freedom and duties of the individual; on the actualization of the norms of legal psychology that express the attitude of various social groups to the law, to the system of legal institutions operating in society; on the formation of a different legal ideology from the existing legal phenomena of public life; on the generation of samples of purposeful activities of state bodies and the public to form a legal culture among citizens.

Ethically questionable negotiation tactics: the differential roles of national, societal and individual cultural values

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Abraham Stefanidis ◽  
Moshe Banai ◽  
Ursula Schinzel ◽  
Ahmet Erkuş
Keyword(s):  
Cultural Values ◽  
National Level ◽  
Cultural Adjustment ◽  
Bicultural Identity ◽  
Content Type ◽  
Individual Level ◽  
Negotiation Tactics ◽  
Individualism And Collectivism ◽  
Societal Level ◽  
The Individual

PurposeThe purpose of this study is to refine theory of negotiation by empirically investigating the extent to which national-, societal- and individual-level cultures relate to negotiators' tendency to endorse questionable negotiation tactics.Design/methodology/approachTo assess the hypothesized relationships between culture and ethically questionable negotiation tactics at three cultural levels of analysis, the authors collected data from Turks who reside in Turkey and in Germany and from Greeks who reside in Greece and in Cyprus. Respondents' national-level cultural values were inferred from their nationality, respondents' societal-level cultural values were inferred from their country of residency, and respondents' individual-level cultural values were inferred from their discrete and unique individuality.FindingsAt the national level, the authors found that Turks in Turkey and Germany scored significantly higher than Greeks in Greece and Cyprus on the endorsement of pretending negotiation tactics. At the societal level, the authors found that Turkish negotiators in Germany displayed higher levels of lying negotiation tactics and lower levels of pretending negotiation tactics than Turkish negotiators in Turkey. Greek negotiators in Greece endorsed deceiving and lying tactics more than Greek negotiators in Cyprus. At the individual level, the authors found that negotiators who score high on vertical individualism and collectivism endorse questionable negotiation tactics significantly more than negotiators who score high on horizontal individualism and collectivism.Originality/valueThe authors empirically demonstrate how national-, societal- and individual-level cultures differentially influence negotiators' tendency to endorse questionable negotiation tactics. The study's trilevel analysis allows for integrating the societal-level theories of negotiators' acculturation and cultural adjustment to a host culture, highlighting the importance of bicultural identity.

Human Rights and Capabilities: A Program for a Critical Sociology of Law

2017 ◽  
Vol 44 (6) ◽  
pp. 921-935 ◽  
Author(s):  
Jean De Munck
Keyword(s):  
Human Rights ◽  
Capability Approach ◽  
Social Economic ◽  
Public Deliberation ◽  
Critical Sociology ◽  
Legal Norms ◽  
Cultural Rights ◽  
The Individual ◽  
Epistemological Basis ◽  
The Capability Approach

This article sets out the fecundity of the Capability Approach for a sociology of human rights. The author endeavors to show that four difficulties can be successfully overcome. (1) The first is epistemological in nature. Human rights are often presented as legal norms. By relying on the Putman/Habermas debate, the author maintains that Sen’s epistemology is Putnamian, allowing us to treat human rights a system of values (rather than as a system of norms), thereby enabling the construction of a system of evaluation (the “goal rights system”) that is neither consequentialist nor deontological. This system is open to public deliberation and can thus take into account the systems of evaluation of participants (in addition to that of the observer). This epistemological basis serves to remove the other obstacles. (2) By defining the individual in terms of “capabilities”, Sen avoids a methodological individualism that would produce an under-socialized version of the individual. (3) He includes social, economic, and cultural rights in the list of human rights, whereas liberal philosophies tend to exclude these. (4) He allows for the thematization of the specific conversion factors that condition the transformation of formal rights into real freedoms (internormative culture, civilian legal intermediaries, access to resources and the capabilities to use them). Avoiding formalism, the capability approach is a valuable instrument for a critical sociology of human rights.

scholarly journals Analysis of the Category “Cultural Heritage”

Adam alemi ◽  
2020 ◽  
Vol 4 (86) ◽  
pp. 136-144
Author(s):  
S. Rakhipova ◽  
D. Toimataev ◽  
G. Abdigalieva
Keyword(s):  
Cultural Heritage ◽  
Cultural Values ◽  
Historical Memory ◽  
Modern Science ◽  
Philosophical Study ◽  
Spiritual Values ◽  
Moral Norms ◽  
Human Environment ◽  
Cultural Traditions ◽  
The People

The article examines the problems of cultural heritage, which occupies a special place in the Kazakh worldview, the historical and philosophical analysis of this topic is a requirement of modern science. This is determined by spiritual, social, political and ideological factors. By cultural heritage, we mean spiritual values such as cultural traditions, stable standards of perception and behavior, moral norms, stereotypes of thinking, political, legal and philosophical ideas, aesthetic concepts. It is these traditions that constitute the historical roots of the modern life of the people and reflect its essence. Every society has a culture formed as a result of centuries of human development. Culture as the main form of dissemination of social experience contributes to the vitality of society in history and always preserves the experience of previous generations. At the same time, the peculiarity of culture is that it is a public memory. Culture is a historical memory that always provides constant spiritual, moral and intellectual qualities to the surrounding human environment. In this case, culture is a collection of heritage information that is formed, preserved and disseminated by humanity. Historical and philosophical study of cultural heritage strengthens spiritual culture. It is important for Kazakhstan to update the philosophy based on national cultural values.

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