Natural law as a problem of philosophical anthropology P.Ya. Chaadaeva

KANT ◽  
2020 ◽  
Vol 36 (3) ◽  
pp. 166-170
Author(s):  
Svetlana Novikova ◽  
Larisa Postolyako

The authors substantiate the decisive importance of the problems of anthropology and the philosophy of history in Chaadayev's research. The authors argue that the Roman legal tradition linked the concept of "the right of peoples" to the notion of will. Chaadaev considers consciousness as a practical force, the unity of the logical process and volitional act. The creative potential of the individual is realized through the development and updating of historical tradition. The Russian thinker considers the right to familiarize himself with cultural tradition, the right to responsible moral self-determination, and the right to enter the spiritual union of peoples as natural human rights.

2021 ◽  
Vol 10 (3) ◽  
pp. 269-273
Author(s):  
Oksana Konstantinovna Pozdnyakova

The paper raises the problem of students orientation towards moral self-determination as one of the directions of moral education of students. The necessity of carrying out a categorical analysis of the personality self-determination concept to determine the content and methods of orientation of students towards moral self-determination is substantiated. Personality self-determination is considered at the philosophical, psychological and pedagogical levels of analysis. At the philosophical level of analysis, the essence of the personality self-determination phenomenon and the concept adequate to it is revealed; it consists in a persons choice of certain actions and deeds in a given situation; shows the role of moral choice in the self-determination of the individual. At the psychological level of analysis, the author substantiates the relationship between the self-determination of the individual and the system of his/her relations (to the surrounding reality, other people and himself/herself), which determine the content of the personalitys position. At the pedagogical level of analysis, the self-determination of a person is associated with his/her choice of values, the source of which is his/her needs. The paper argues that the self-determination of a person is both a process and a result of a persons choice of his/her own position, there is a choice of relations that form the content of a position, there is a choice of values, the focus on which constitutes the value orientations of a person, which become the core of self-determination. The author also has determined some practical pedagogical tasks, the solution of which is aimed at creating conditions for the orientation of students towards moral self-determination: the task of students moral principles development, which will ensure their choice of their position, goals and means of self-realization in life; the task of familiarizing students with the value of good, which is the essence of their ethical attitude to the world, to people and to themselves; the task of developing students ability to substantiate the foundations of moral choice and its principles to reflection.


2020 ◽  
Vol 7 (2) ◽  
pp. 214-241
Author(s):  
Hemin Majeed Hasan ◽  
Baqir Dawd Hussein ◽  
Kamil Omar Sleman

This research deals with the subject of the Kurdish media in relation to the right of self-determination, which the Kurds prepare for its central cause and struggle for it. The importance of this research comes from the importance of its basic components represented by the Kurdish media and the right to self-determination, where they combine the equation of influence and influence, which is the operator of the formative relations of things and designed in all human groups, including the community of the region, in addition to being one of the few Kurdish studies in this field, To cast its positive on the operators of the terms of reference.The aim of this research is to realize the levels of interest of the Kurdish media in the concept of the right to self-determination and its role in conveying its meanings and implications to the Kurdish individual, as well as to identify the mechanisms used by this media to convince the individual mentioned this right and activate his tendencies toward him.The research depends on the university teachers, in addition to their field dimension, because they are the most appropriate and the right to express opinions about such strategic issues and their details and implications, because of their knowledge, scientific, specialized and other structural participants, as well as their structural representation of various social components in the Kurdistan Region.


2021 ◽  
Vol 8 (1) ◽  
pp. 114-120
Author(s):  
Loredana Terec-Vlad

The concept of autonomy has a long way to go as it is used as a synonym for the terms self-government or self-determination (Crudu, 2007). This concept is placed in the context of debates on morality, bioethics, law or political philosophy, and it also appeals to self-awareness, to the right of the individual to live life freely, in his own way, provided it does not harm other people. In this paper we will bring to the fore the Kantian perspective of the concept of autonomy, while making the connection with the concept of freedom.


Author(s):  
Laura Kadile ◽  

The expression of will is a crucial aspect of lawful transaction in civil law. The will of the individual and its expression is significant in ensuring for the ability of an individual to enjoy and exercise his or her right to self-determination, as well as for the legal transaction to be recognized as valid. Only the transactions made by a person capable of expressing their free will and being able to be aware of the content and consequences of the legal transaction are in force. Therefore, the observation and assessment of such capacity is particularly important in view of the fact that, in circumstances where a person is unable to express his will freely, he may be denied the right to enter into a legal transaction, or, if the legal transaction has been concluded in circumstances where the individual has not been able to express free will, such transaction may be declared invalid.


2019 ◽  
Vol 4 (2) ◽  
pp. 16-29
Author(s):  
Andrea Erdősová

It is essential to address in particular the comprehensive prevention of breaches of the right to informational self-determination and whether the persons concerned are aware that they “voluntarily agree” to pass on their identity information to third parties. It is alarming nowadays what amount of private data are available at their disposal for companies or private persons regarding other persons and how easy it seems to obtain this data. In today’s information age and the era of more advanced use of artificial intelligence, it will be more necessary than in the past to define what the individual intended, what he agreed with, and what he eventually approved as data privacy.In order to ensure the protection of the individual and his/her privacy, it is therefore necessary to respond to and refine the existing sources of law, especially to establish codes of ethics taking into account the modern technological and social development.


2021 ◽  
Vol 13 (13) ◽  
pp. 357-385
Author(s):  
Antonio Felipe Delgado Jiménez

The balancing function, between worker and employer, of the fundamental rights in the field of the labor relationship is analyzed, while emphasizing that the right to privacy is not an unlimited right, but that it can yield to other constitutional rights. Likewise, the right to the protection of personal data is studied – distinguishing it from the right to personal privacy – which aims to guarantee the freedom of the individual in relation to their self-determination regarding the processing of their personal data by third parties.


1999 ◽  
Vol 32 (4) ◽  
pp. 665-689 ◽  
Author(s):  
Siobhan Harty

AbstractRecent work in the field of liberal political philosophy has focused on the value of cultural communities for the individual. The claim that liberal theory can give explicit recognition to the fact that individuals are rooted in a social context has produced an important debate about the preservation of minority cultures and a liberal defence of nationalism. This literature should be of interest to scholars of nationalism because liberal theorists have used concepts related to the nation, such as self-determination, in ways that go against conventional usage, and liberal theorists have made claims about the relationship of the right and the good with which some students of nationalism would disagree. This article presents a nationalist response to the liberal conception of community by developing one possible nationalist argument for the priority of the good over the right by claiming that the nation is a communal good. The author illustrates this argument with examples of the political projects of nationalists-in-government in the developed West. Liberals need not be concerned with this reality since democratic institutions will set some limits on nationalist projects by ensuring that they are the outcome of democratic processes. On this view, the importance of self-determination is that it provides the context for the creation of institutions for a debate about the relationship of the right and the good. Self-determination does not, as some liberal nationalists argue, constitute an automatic right to cultural preservation.


2019 ◽  
pp. 276-286
Author(s):  
Alla ANDRUSHKO

The problem of freedom of labor in Labor Law is highlighted, which is due to the subjective creation of a choice among employment opportunities. It is argued that the highest social values in the state are freedom of work and the right to work, where the second concept is a complement to the first and provides for its realization. It is emphasized that freedom of labor is related to labor freedoms, but particular attention is paid to the fact that freedom of labor, which is a guarantee of labor rights of workers, is fundamental to labor freedoms as fundamental to labor freedoms. It is substantiated that the person has the right to choose, the right of free, conscious choice between employment and non-employment, any responsibility of an adult, able-bodied person who can work but does not want to do it is absent. Freedom of labor is understood as the ability of a person to make an independent and voluntary choice from the possibilities of realizing his work. The ability to make choices is an important prerequisite, willingness to self-determination in the professional field, taking into account training, skills, work experience, and more. The choice of a person as a component of freedom of labor is not an objective phenomenon and is not offered by the right, the choice is always a subjective factor, since it is the potential ability of a person to choose or create and to bear responsibility for it. It is justified that freedom of labor in labor law is the formation of a person in the sphere of work through himself, through his own actions, to a certain extent, this self-realization, encompassed by labor. The willful moment of freedom of labor indicates only why to obey — to create your own or to choose an existing one. Therefore, it is argued that freedom of labor exists only at the moment of choice; it makes the person free at that moment — when he or she chooses a particular job or his conditions; stop them. If there is no choice, then there is no freedom of work, since it exists only at the moment of choice. Freedom of work lies in being able to realize oneself, in forming a professional through the ability to make one's own choices on the path to self-realization. Freedom of labor is conceived through the willful potential of the individual to self-determination, by stimulating professional development and finding new facets of applying his or her abilities.


2001 ◽  
Vol 7 (4) ◽  
pp. 294-301 ◽  
Author(s):  
John Bellhouse ◽  
Anthony Holland ◽  
Isobel Clare ◽  
Michael Gunn

In English Law, an adult has the right to make decisions affecting his or her own life, whether the reasons for that choice are rational, irrational, unknown or even non-existent. This right remains even if the outcome of the decision might be detrimental to the individual (Re T (Adult: Refusal of Treatment), 1992) or to a viable foetus (Re S (Adult: Refusal of Medical Treatment), 1992). However, such a right to self-determination is meaningful only if the individual is appropriately informed, has the ability (capacity) to make the decision and is free to decide without coercion (Grisso, 1986).


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