scholarly journals Western tolerance: the rule of democracy or the offensive of dehumanization?

2020 ◽  
Vol 26 (3) ◽  
pp. 227-246
Author(s):  
A. N. Il’in
Keyword(s):  
Human Rights ◽  
The West ◽  
The Public ◽  
Cultural Transformations ◽  
Sexual Perversion ◽  
The Social ◽  
The Status ◽  
Tolerant Line ◽  
Social Minorities ◽  
Good And Evil

In the West, there is a total substitution of concepts, expressed in the idea of tolerance, according to which humanism manifests itself in respect for any system of values. The criteria for good and evil are neutralized, and the Weld of what is permitted is expanded. Values and life practices that were traditionally considered unacceptable and marginal in the culture receive the status of normal and even necessary. When the boundaries of tolerance are not defined, the idea itself becomes dehumanizing. But the dehumanizing meaning of the ongoing cultural transformations is hidden behind emotionally attractive names like human rights and democracy. Socially harmful ideology and the life practices it absolutizes are given a lot of emotionally euphonious names, which are simulacra that hide the true essence of the phenomena being signified. Ne protection of minority rights under the banner of democracy and human rights is usually an attack on the rights of the majority, and human rights are wrongly identified with the rights of the minority. The absolutization of the rights of social minorities (and the most radical ones in relation to traditional culture) is at the same time an infringement of the rights of the majority. The social majority becomes oppressed. Ne idea of tolerance implanted anti-democratic, without taking into account the views of the public. In the West, it is necessary to show tolerance both to different practices and points of view, and to the very fact of planting this tolerant line. That is, a mandatory tolerance for tolerance is instilled. The common idea of postmodern relativization of values is not entirely correct. The sick, the evil, and the unreasonable are given more right to exist than the healthy, the good, and the reasonable. But instead of equating the worthy and the unworthy, a “sociocultural inflection” is carried out towards the unworthy. Criticism of homosexuality is presented as reprehensible intolerant homophobia, and parents who are negative about gay propaganda risk becoming clients for juvenile services. Even schools began to reorient themselves under the apologia of sexual perversion, which is a reversal to the de-intellectualization and dehumanization of children’s minds. Trends that are referred to as ways to protect human rights, freedom, and democracy actually lead to social dehumanization.

SOCIAL RESPONSIBILITY OF THE COURT AS A PREREQUISITE FOR THE LEGAL RESPONSIBILITY OF A JUDGE

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Social Responsibility ◽  
Legal Responsibility ◽  
Court Cases ◽  
Council Of Europe ◽  
The Public ◽  
The Social ◽  
Modern System ◽  
The Status ◽  
The Law ◽  
Conceptual Foundations

The article reveals the conceptual foundations of the social responsibility of the court as an important prerequisite for the legal responsibility of a judge. It has been established that the problem of court and judge liability is regulated by the following international and Ukrainian documents, such as: 1) European Charter on the Law «On the Status of Judges» adopted by the Council of Europe; 2) The Law of Ukraine «On the Judicial System and the Status of Judges»; 3) the Constitution of Ukraine; 4) The Code of Judicial Ethics, approved by the Decision of the XI (regular) Congress of Judges of Ukraine; 5) Recommendation CM/Rec (2010) 12 of the Cabinet of Ministers of the Council of Europe to member states regarding judges: independence, efficiency and responsibilities; 6) Bangalore Principles of Judicial Conduct. The results of a survey conducted by the Democratic Initiatives Foundation and the Razumkov Center, the Council of Judges of Ukraine and the Center for Judicial Studios with the support of the Swiss Agency for Development and Cooperation based on the «Monitoring of the State of Independence of Judges in Ukraine – 2012» as part of the study of the level of trust in the modern system were considered and analyzed, justice, judges and courts. It is determined that a judge has both a legal and a moral duty to impartially, independently, in a timely manner and comprehensively consider court cases and make fair judicial decisions, administering justice on the basis of legislative norms. Based on the study of the practice of litigation, it has been proven that judges must skillfully operate with various instruments of protection from public influence. It has been established that in order to ensure the protection of judges from the public, it is necessary to create special units that will function as part of judicial self-government bodies. It was proposed that the Council of Judges of Ukraine, which acts as the highest body of judicial self- government in our state (in Ukraine), legislate the provision on ensuring the protection of the procedural independence of judges.

scholarly journals Subjects of the Right to Appeal to the Court in Cases of Recognition of Inheritance as Escheat

2021 ◽  
pp. 70-94
Author(s):  
Nadiia BONDARENKO-ZELINSKA ◽  
Maryna BORYSLAVSKA ◽  
Oksana TRACH
Keyword(s):  
Human Rights ◽  
The Public ◽  
Scientific Analysis ◽  
The Status ◽  
Land User ◽  
Legitimate Interests ◽  
The Subject ◽  
Government Body ◽  
The Right ◽  
Do So

The article explores certain problems of law enforcement practice in recognizing inheritance as escheat. The subject of scientific analysis is the subject composition of these procedural relations. Applicants in this category of cases can be conditionally divided into two groups: 1) persons obliged to submit an application to the court for recognition of the inheritance as escheat, and 2) persons who have the right to do so. The persons who are obliged to apply to the court for recognition of the inheritance as escheat are territorial communities. On the basis of an analysis of the legislation, it was established that in the case where a united territorial community was formed in a certain territory, it is authorized to apply to the court for recognition of the inheritance as escheat. On behalf of the local self-government body as a representative of the territorial community (united territorial community), a lawsuit may be initiated to recognize the inheritance as escheat: 1)by its headman or 2) another person authorized to do so according to the law, statute, regulation, employment contract. That is, there can be both self-representation and representation on the basis of a special assignment. It received additional justification for the ability of the prosecutor’s office to submit an application for recognition of the inheritance as escheat in the absence of a territorial community. In such a case, the public prosecutor's office shall represent the legitimate interests of the State in court, in accordance with article 56 of the Code of Criminal Procedure, as a body or person entitled to defend the rights, freedoms and interests of others (human rights defender). The possibility of participating not only as an applicant but also as a human rights defender is justified. The possibility of self-representation of local self-governments in cases of recognition of inheritance as escheat by a headman is proposed. It is further argued that such a possibility should be provided for in the Headman’s Regulations, which are approved by the relevant local councils. The peculiarities of initiation of production by subjects for whom the application to the court for recognition of the inheritance as escheat is a right, not an obligation (creditors of the testator, owners and/or users of adjacent land plots) are analyzed. If an applicant in cases of recognition of the inheritance as escheat is a creditor, documents confirming the existing obligations in relation to the debtor-testator should be attached to the application. Recommendations are made on a list of documents that can confirm the status of an applicant-related land user to apply to the court for recognition of the inheritance as escheat. It is proposed to amend Art. 335 CPC of Ukraine on the necessity to provide the originals of written evidence together with a statement on the recognition of the inheritance as escheat. The role of a notary in cases of recognition of inheritance as escheat has been investigated. It is proposed to provide in the legislation the right of a notary to submit to the court an application for recognition of the inheritance as escheat. It is proposed to improve the way of informing the public about the discovery of an inheritance that has no heirs.

Democratic commitments to sustainable progression

2020 ◽  
pp. 59-76
Author(s):  
Gordon Pearson
Keyword(s):  
Human Rights ◽  
Sexual Orientation ◽  
Environmental Stewardship ◽  
Real Economy ◽  
Equal Opportunities ◽  
The Social ◽  
Effective Operation ◽  
Universal Human Rights ◽  
The Status ◽  
Social Balance

Democratic commitments to progress for all have long been made. The necessary aims must include responsibility for environmental stewardship to ensure that a sustainable planet earth is passed down to succeeding generations. Commitments are also made to achieving universal human rights to freedom from the five giant evils of society: squalor, ignorance, want, idleness and disease. All people must also enjoy equal opportunities irrespective of race, gender, religion or belief, age, disability or sexual orientation, and societies must achieve some measure of social balance. Politicians have long made such heroic statements of intent, but actual achievement has fallen far short of those commitments. They can only be achieved by the effective operation of all three layers of the real economy, nominated here as the social-infrastructural, progressive-competitive and technological-revolutionary layers. Each layer is briefly outlined, together with the essential roles they must play in economic progression without destruction. Recognition of the interdependence of all humanity and the early stirrings of a rising rebellion against the status quo are noted.

scholarly journals What Do ‘We’ Know That ‘They’ Don’t? Sociologists’ versus Non-Sociologists’ Knowledge

2009 ◽  
Vol 34 (3) ◽  
pp. 671-696 ◽  
Author(s):  
Anne Mesny
Keyword(s):  
Social World ◽  
Public Sociology ◽  
Social Scientists ◽  
The Public ◽  
The People ◽  
Embedded Knowledge ◽  
The Social ◽  
The Status ◽  
Critical Policy ◽  
The Relationship

This paper attempts to clarify or to reposition some of the controversies generated by Burawoy’s defense of public sociology and by his vision of the mutually stimulating relationship between the different forms of sociology. Before arguing if, why, and how, sociology should or could be more ‘public’, it might be useful to reflect upon what it is we think we, as sociologists, know that ‘lay people’ do not. This paper thus explores the public sociology debate’s epistemological core, namely the issue of the relationship between sociologists’ and non-sociologists’ knowledge of the social world. Four positions regarding the status of sociologists’ knowledge versus lay people’s knowledge are explored: superiority (sociologists’ knowledge of the social world is more accurate, objective and reflexive than lay people’s knowledge, thanks to science’s methods and norms), homology (when they are made explicit, lay theories about the social world often parallel social scientists’ theories), complementarity (lay people’s and social scientists’ knowledge complement one another. The former’s local, embedded knowledge is essential to the latter’s general, disembedded knowledge), and circularity (sociologists’ knowledge continuously infuses commonsensical knowledge, and scientific knowledge about the social world is itself rooted in common sense knowledge. Each form of knowledge feeds the other). For each of these positions, implications are drawn regarding the terms, possibilities and conditions of a dialogue between sociologists and their publics, especially if we are to take the circularity thesis seriously. Conclusions point to the accountability we face towards the people we study, and to the idea that sociology is always performative, a point that has, to some extent, been obscured by Burawoy’s distinctions between professional, critical, policy and public sociologies.

Speaking Rights to Theory

2007 ◽  
Vol 32 (4) ◽  
pp. 393-417
Author(s):  
P. A Hayman
Keyword(s):  
Human Rights ◽  
Social Knowledge ◽  
Social Concern ◽  
The Social ◽  
The Status

The status of constructivism as an open and accommodating intellectual approach is at odds with its aim of becoming the most appropriate site for a theory-practice synthesis. As an exemplar of the social concern that forms the ontology of constructivism, human rights is well placed to provide the context of a critique. More often than not, human rights are taken to be an unreliable variable within differently conceived international political schema. It is now an appropriate time to look again at the opportunities that human rights offers in establishing the cohesion of constructivism. Challenging the limitations of preconceived notions of social knowledge, the focus of the article will be on the human-rights side of the equation; namely, its features as a universal and its manifestation as a power, and what they tell us about the requirements for “becoming theory.”

scholarly journals Solidaritas Janda: Pemberdayaan Perempuan di PJJI Armalah Yogyakarta

2021 ◽  
Vol 19 (2) ◽  
pp. 157-171
Author(s):  
Rohinah Rohinah ◽  
Nisfi Anisah
Keyword(s):  
Human Rights ◽  
Social Exclusion ◽  
Single Parents ◽  
Economic Deprivation ◽  
Female Agency ◽  
The Social ◽  
The Status ◽  
The Right

Status Janda dapat menyebabkan subordinasi dan marginalisasi. Hal ini Nampak jelas pada perempuan yang sering mengalami pengucilan sosial dan perampasan ekonomi. Janda bukan hanya nasib kurang beruntung, miskin, dan orangtua tunggal akan tetapi sikap didiskriminasi adalah pemicu dari hilangnya hak ekspresi. Status janda juga menjadi sasaran kecurigaan dan tuduhan kejahatan moral. Paper ini bertujuan mengetahui spirit pendirian komunitas persaudaraan Janda-Janda Indonesia (PJJI) Armalah Yogyakarta serta program kegiatan dan program pendampingan atau advokasi. Hal tersebut mengeksplorasi kemungkinan agensi perempuan dan destigmatisasi dalam mobilisasi jejaring sosial pada penekanan nilai kehormatan sosial sebagai seorang ibu. Paper menunjukkan tata cara kerja PJJI Armalah yang fokus pada Janda dalam hak keadilan yang berlandaskan spirit cinta kasih dan persamaan kesejahteraan dalam nilai Pancasila. Hal ini mendorong para janda dalam sikap berani dan mandiri dalam kebenaran.[A widow condition talks the subordination and marginalization on Social frame. The Woman in status is especially evident in seeing the experience of social exclusion and economic deprivation. Widows are not only unlucky, poor, and single parents, but the attitude of being discriminated against is the trigger for the loss of the right to expression. The status of the widow was also putting to suspicion and allegations of moral crimes. This paper aims to find out the spirit of the establishment of the organization's human rights on persaudaraan Janda-Janda Indonesia (PJJI) Armalah Yogyakarta. It is as well as activities in advocacy programs. It explores the possibility of female agency and destigmatization in the social framework for the Social honor value as women and mothers. The paper shows the work procedures of PJJI Armalah which focuses on widows in the right of justice based on the spirit of love and equality. It puts welfare in the values of Pancasila. The idea encourages widows to be courageous and independent in righteousness.] 

scholarly journals THE STUDY OF FEMINISM IN THE NOVEL NAYLA BY DJENAR MAESA AYU

2019 ◽  
Vol 3 (1) ◽  
pp. 27
Author(s):  
Ni Ketut Veri Kusumaningrum ◽  
I Wayan Rasna ◽  
Gde Artawan
Keyword(s):  
Narrative Structure ◽  
The Novel ◽  
The Public ◽  
Library Research ◽  
The Social ◽  
Show Business ◽  
The Status ◽  
Role Of Women ◽  
Relationship Of

This research aims to determine (1) the narrative structure of novel Nayla by Djenar Maesa Ayu, (2) the role of women figure in the novel Nayla by Djenar Maesa Ayu, (3) the struggle of women figure in the novel Nayla by Djenar Maesa Ayu. This research uses feminism study with qualitative research. The data was collected by using library research. The library method was used at finding out the data in the novel Nayla by Djenar Maesa Ayu and in other literature which supports this research. The analyzed data are narrative structure, the role of women figure and the struggle of women figure in the novel Nayla by Djenar Maesa Ayu. The data were analyzed through the stage of reduction, presentation and data collection. The subject of this research is the novel Nayla by Djenar Maesa Ayu, the object of this research is the narrative structure, the role of women figure and the struggle of women figure in the novel Nayla by Djenar Maesa Ayu. The result of this research refers to (1) The Narrative structure in the novel Nayla by Djenar Maesa Ayu was include figure, characterization, plot and background. (2) The role of women figure in the novel Nayla by Djenar Maesa Ayu was found in the social domain, domestic and public. (3) The struggle of women figure in the novel Nayla by Djenar Maesa Ayu was manifested by struggling in maintaining in the status as women, the struggle in maintaining the gender. The form of feminism was described in the novel Nayla as never surrender, not dependent to the parents, and behaves deviate. Novel Nayla to present the relationship of gender that leads to a superior. Novel Nayla as the main character show business to make a women who has the dignity of which is equivalent to the men. Based on the results of analysis and advice for women in order to improve the quality of the field of education, domestic, and the public so that gender equality can be achieved.

scholarly journals SPECIFICITY OF THE STATE OF PUBLIC EDUCATION IN WEST KAZAKHSTAN REGION IN THE PRE-REVOLUTIONARY PERIOD

2020 ◽  
Vol 1 (10(79)) ◽  
pp. 8-12
Author(s):  
O. Babenko
Keyword(s):  
Public Education ◽  
The West ◽  
Public Education System ◽  
The Public ◽  
Social Composition ◽  
Rural And Urban ◽  
Educational Processes ◽  
The Social ◽  
West Kazakhstan ◽  
Revolutionary Period

The article presents archival materials that reveal the essence of the formation and development of public education in the West Kakhakhstan region in the pre-revolutionary period, reveals the historical and educational processes of its formation. When studying archival materials, the author comes to the conclusion that the social composition of students justified the class character of the public education system, namely: the children of officials, clergy, merchants, rural and urban bourgeoisie, rich Cossacks, nobles in General made up a fairly large stratum in secondary schools.

The protection and promotion of human-rights

2020 ◽  
pp. 384-398
Author(s):  
Irina Ichim
Keyword(s):  
Human Rights ◽  
State Repression ◽  
The Public ◽  
The Social ◽  
The Face ◽  
Protection Of Human Rights ◽  
Government Propaganda ◽  
The Relationship ◽  
Civic Space ◽  
Recent Government

This chapter explores developments in the protection of human-rights in Kenya post-2002 by examining three interconnected issues: changes in the social and political landscape and how these created or constrained opportunities for activism; changes in the relationship between the state and the human-rights sector, but also within the human-rights sector; and evolving patterns of (non-)state repression of activism. The chapter shows that, against the background of a complex historical experience, and with the help of Kenya’s 2010 Constitution and a reformed judiciary, the human-rights sector in Kenya has grown into a staunch and able defender of civic space in the face of recent government assaults. However, government propaganda and the sector’s institutionalization simultaneously coalesce to disconnect the sector from the public. Coupled with divisions between professional and grassroots defenders, this disconnect risks limiting the sector’s ability to build on the momentum presented by recent achievements.

The ECOWAS Court as a (Promising) Resource for Pro-Poor Activist Forces

2020 ◽  
pp. 106-148
Author(s):  
Obiora C. Okafor ◽  
Okechukwu J. Effoduh
Keyword(s):  
Human Rights ◽  
Social Constructivism ◽  
Case Law ◽  
West African ◽  
Social Conditions ◽  
Valuable Resource ◽  
The West ◽  
The Poor ◽  
Court Of Justice ◽  
The Social

This chapter examines the extent to which the human rights case-law of the Community Court of Justice of the Economic Community of West African States is either pro-elite or pro-poor. Without assuming that “pro-human rights” necessarily translates to “pro-poor,” the chapter discusses how the Court functions more as a resource for local pro-poor activists than as a tool in the hands of anti-poor elements. The chapter conceptualizes expressions such as “the poor,” “sovereign hurdles,” “brainy relays,” and “flipped strategic social constructivism” to undergird its analysis. For example, the authors analyze the extent to which activists’ forces, acting as brainy relays, co-created and enhanced normative resources in a process styled in the chapter as “flipped strategic social constructivism.” The chapter also demonstrates the ways in which the court has been a valuable resource to the domestic activist forces who together with the Court have worked to advance the social conditions of the West African poor. Finally, the chapter examines the gaps that militate against such pro-poor activism.

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