scholarly journals From criminal principiology to the right to intimacy as a constitutional guarantee

2021 ◽  
Vol 12 (1) ◽  
pp. 252-265
Author(s):  
Rogério Greco ◽  
Romulo Rhemo Palitot Braga
Keyword(s):  
Human Person ◽  
Penal Law ◽  
The Right

The current text presents an initial reflection on the importance of the Penal Law and its principles, expressed or implicit in a positivistic perspective. They should be understood as informants of all the juridical order with the capacity to ascertain the validity under constitutional class rules, occupying, in this way, a hierarchically superior place. It will also be considered, the bond between Penal Law and the recognition of the principle of the dignity of the human person, especially regarding the right to intimacy. The technique used to the bibliography

scholarly journals Mejoramiento vegetal moderno, inteligencia artificial y derechos de propiedad intelectual

2020 ◽  
Vol 1 (2) ◽  
pp. 839-866
Author(s):  
Miguel A. Rapela
Keyword(s):  
Artificial Intelligence ◽  
Plant Breeding ◽  
Intellectual Property Rights ◽  
Human Person ◽  
Living Matter ◽  
Plant Variety ◽  
The Face ◽  
The One ◽  
The Right ◽  
Biotechnological Inventions

The modern plant breeding to obtain new plant varieties is based on genomic and phenomic selection generated through big data with millions of information points. In the face of such a quantity of data, it is necessary to use artificial intelligence to combine a complete vision and analysis of the problem through a human-computer interaction never addressed.The use of artificial intelligence has already created interpretive challenges in patents and copyrights. To a greater extent, modern plant breeding with the assistance of artificial inte-lligence is exposing major disarticulations and anachronisms in the Plant Breeder’s Rights and patent systems for biotechnological inventions. The challenges may even extend to the question of who would be entitled to the right in the case of products obtained without human intervention.The analysis of the situation indicates, on the one hand, that it would be necessary a review of the international framework of intellectual property rights in plant living matter which is based on independent treaties and conventions that apply to an indivisible organism as is a new plant variety. A more logical proposal would be to have a single, modern, and up-to-date compre-hensive sui generis protection system for all types of plant germplasm. On the other hand, it is proposed that, even in the case of products obtained through complete artificial intelligence processes, there must always be a human person legally responsible of the consequences of their actions, whether positive or negative

scholarly journals Re-Emergence of Shari'ah Penal Law in Northern Nigeria: Issues and Options

ICR Journal ◽  
2017 ◽  
Vol 8 (3) ◽  
pp. 368-385
Author(s):  
Hanafi A. Hammed ◽  
Wahab O. Egbewole
Keyword(s):  
Federal Government ◽  
Political Legitimacy ◽  
Freedom Of Religion ◽  
Northern Nigeria ◽  
Judicial Decisions ◽  
Penal Law ◽  
State Senator ◽  
The Right

It was in quest of political legitimacy as well as religious purity that former governor of Zamfara state, Senator Sani Ahmed Yerima, started a crusade in 1999 to re-establish Shariah. That initiative immediately found spacious reverberation with many Muslims. For the clerics, it was an opportunity to restore a religious and moral heritage that had been suppressed after colonial conquest. Many people saw Shariah as an instrument for achieving a just, safe, compassionate and less corrupt society. Thus, the Zamfara governments actions were soon taken up by other states, whose governors followed with varying degrees of enthusiasm. The federal government, however, declared Shariah to be incompatible with the constitutional guarantee of freedom of religion. The northern governors responded by highlighting that the same constitution vested in states concurrent powers to establish their own court systems. The writers develop this narrative and look into the constitutional provisions that guarantee freedom of religion and international and national judicial decisions where the right of religion has been vindicated.

scholarly journals The Person at the Core of Psychological Science

2021 ◽  
Vol 9 (2) ◽  
Author(s):  
Juan F. Franck
Keyword(s):  
Human Person ◽  
Natural Sciences ◽  
Human Sciences ◽  
Philosophical Perspective ◽  
The Core ◽  
Psychological Science ◽  
Philosophical Framework ◽  
The Subject ◽  
The Right

The paper has been written from a philosophical perspective and triggered by the recurrent discussions in psychology about the most suitable methods to study our multifaceted subjectivity. Its main point is that a phenomenological understanding of the human person provides a robust and also flexible philosophical framework for psychology. The first part discusses three classical distinctions –individual/general; explaining/understanding; induction/interpretation– which, in spite of possible deficiencies, are useful to illustrate the specificity of the human sciences relative to the natural sciences. If not understood as an either-or dichotomy these distinctions represent the search of the right balance to reflect the complexity and richness of psychological science. The second part presents the phenomenological notions of ‘vital reduction’ and ‘personalist reduction’, where reductions does not take on an eliminativistic meaning, but of directing the mind’s gaze to attend to what is originally the case. The ‘vital reduction’ reveals a subject of experience at the center of the lifeworld, and the ‘personalist reduction’ sees in rationality –i.e., the power to grasp the meaning of things and to recognize other subjects of experience­– a deeper dimension of the subject, who we can thus call a person. Psychology and phenomenology converge in disclosing the person-centeredness of our lifeworld.

scholarly journals PRINCÍPIO DA DIGNIDADE DA PESSOA HUMANA E SUA EFETIVAÇÃO POR MEIO DO DIREITO À EDUCAÇÃO / PRINCIPLE OF THE DIGNITY OF THE HUMAN PERSON AND THEIR EFFECTIVENESS THROUGH THE RIGHT TO EDUCATION

REVISTA ESMAT ◽  
2019 ◽  
Vol 10 (16) ◽  
pp. 185
Author(s):  
José Renato Nalini ◽  
Arthur José Pavan Torres
Keyword(s):  
Human Person ◽  
Right To Education ◽  
The Right

Este artigo propõe uma reflexão acerca da efetivação da dignidade da pessoa humana por meio do direito à educação. A abordagem aqui proposta adota o método dedutivo. O trabalho desdobra-se em quatro partes. Na primeira, serão analisados os direitos fundamentais a partir de um breve relato histórico investigando sua origem e seu desenvolvimento diante da evolução da sociedade chegando à ideia de dignidade da pessoa humana; na segunda, será analisado o princípio da dignidade humana em seu conteúdo e sua aparição no direito brasileiro, como princípio matriz do sistema de direitos e garantias fundamentais. Em seguida, é feita a análise do quanto o direito à educação tem interferência direta no desenvolvimento da dignidade da pessoa humana, e, por fim, como os órgãos públicos da educação têm promovido ações de proteção à dignidade humana.

La dichiarazione Dignitatis Humanae: Rottura o Riforma e Rinnovamento nella continuità dell’unico soggetto Chiesa?

2019 ◽  
Vol 48 (2) ◽  
pp. 377-395
Author(s):  
Agostino Marchetto
Keyword(s):  
Religious Freedom ◽  
Human Person ◽  
Essential Elements ◽  
Historical Background ◽  
The Public ◽  
Vatican Council ◽  
The Difference ◽  
The One ◽  
The Right ◽  
The Church

The contribution starts with a status quaestionis which concerns its title about the hermeneutics of Vatican ii, well based in historical background. The roots are grounded in the difference between “event” and “occurrence” – in italian “evento” e “avvenimento”. This is linked with the change in the perspective of historiography realized in the first part of the last century. The vision of continuity (see “Annales”) was put aside, introducing the one of “events”, which are linked with “ruptures” and not continuity in the course of history. With this frame we can understand that in the one of the Church there must be consideration for the hermeneutics expressed finally in the formula of the title closed by a question mark, that is: D.H.: rupture or reform and renewal in the continuity of the unique subject the Church? The answer is: no rupture in discontinuity but reform and renewal. The initial input of the contribution are the speeches of Pope Francis in the U.S.A. and U.N., an answer to the actual Sitz im Leben as far as religious freedom in nowadays society, 50 years after D.H., in a moment in which more attention is given to the texts of Vatican ii, concretely avoiding to consider “the Council of the Press” (Pope Benedict) instead of the one “of the conciliar Fathers” (= participants). The procedure of the author is certainly inspired by the volume Vatican ii. La liberté religieuse, ed. by J. Hamer and Y. Congar. The first point of attention therefore in the analysis is “homogeneous evolution of the pontifical doctrine on the matter”. It is a fundamental vision which allows even a dogmatic evolution, if it is homogeneous. In fact, the Declaration represented a development of the doctrine, a step forward in the progress of civilization, a progress in the catholic doctrine but in the line of no contradiction. And at this point the thoughts of the two fundamental pillars allowing this step forward are presented; they are J. Courtney Murray and P. Pavan. Very important is the Courtney’s statement in this regard, the following: “The doctrine of D.H. is in plenitude traditional, but it is also new, in the sense that tradition is always a developing and progressive tradition”. The author presents later on some essential elements of the right to religious freedom, with the most important and solemn affirmation in the text (N. 2): This Vatican Council declares that the human person has the right to religious freedom. It is truly an historical affirmation in the life of the Church and also for the human family. It follows the study of the relation between religious freedom and the public powers and the illustration of the education to exercise freedom under the light of the Revelation. In the final part of the essay the author analyses…some consequences of D.H. without forgetting a judgment about the actual situation of religious freedom in the world which is becoming always more serious and worrying. Here two citations of Archbishop Paul R. Gallagher, Secretary of the Relations with the States of the Papal Secretariat, are exemplary, that is: “Unfortunately we have to admit that for years the question of the violence against Christians was not taken in serious consideration. – He concluded: Even if we cannot speak of persecution in the old continent [Europe] nevertheless we must not underestimate the rather alarming phenomenon of the intolerance of religious character”.

Crime and Punishment: And a Footnote on Tort

2019 ◽  
pp. 263-288
Author(s):  
Lawrence M. Friedman
Keyword(s):  
Eighteenth Century ◽  
Criminal Law ◽  
Bill Of Rights ◽  
Crime And Punishment ◽  
Late Eighteenth Century ◽  
Penal Reform ◽  
Late Eighteenth ◽  
Penal Law ◽  
History Of ◽  
The Right

This chapter discusses the history of American criminal law, covering penal law and penal reform, prison, and tort. The criminal law is an important lever of power, for any government. The leaders of the American Revolution felt strongly that the British were trampling on American rights and were abusing criminal justice. The right to a fair criminal trial was a fundamental right, in their eyes. The Bill of Rights was a kind of minicode of criminal procedure. Moreover, in the late eighteenth century, scholars were rethinking the premises on which criminal law rested. Great reformers called for a more enlightened system of criminal law.

scholarly journals In Memoriam: Donald W. Treadgold (1922–1994): Teacher, Scholar, Humanist

1995 ◽  
Vol 23 (2) ◽  
pp. 259-260
Author(s):  
Henry R. Huttenbach
Keyword(s):  
Soviet Union ◽  
Human Person ◽  
Collective Actions ◽  
Moral Agents ◽  
The Soviet Union ◽  
Political Struggles ◽  
In Memoriam ◽  
The Individual ◽  
The Right ◽  
Good And Evil

Don—by which name I knew him since I became his graduate student in 1956—belonged to a rare breed of academicians: he was a devout man for whom the personal adventure of life and human history in its totality had a moral dimension; in his quest for understanding himself and others, there was always an underlying moral drama; there was not just the realm of the true and the false but also a fundamental layer of the right and the wrong. For Don, there was always the issue of good and evil. In the end, men and women, the lofty, such as Stolypin (about whom he wrote insightfully), and the humble, such as the Russian peasants in Siberia (to whom he also gave considerable scholarly attention), all were accountable for their individual and collective actions. We are all free moral agents, he observed, including Lenin (about whose early political struggles he wrote brilliantly). It is a perspective Don never abandoned as the Soviet Union dissolved into the amorphous and morally complex post-Soviet era, a characteristic which qualified Don as a persistent humanist. The individual human person endowed with the capacity to sustain immutable moral values was Don's ultimate interest as an historian and teacher.

scholarly journals Imbas Konsistensi Hukuman Mati pada Hubungan Bilateral dalam Kasus Narkoba

2018 ◽  
Vol 8 (2) ◽  
pp. 255
Author(s):  
Moh Rosyid
Keyword(s):  
International Relations ◽  
Death Penalty ◽  
Judicial Review ◽  
Constitutional Court ◽  
Right To Life ◽  
International Convention ◽  
The Reformation ◽  
The Family ◽  
Penal Law ◽  
The Right

<p>This article discusses about the debate over death penalty in the drug abuse cases. The Constitutional Court on October 30<sup>th</sup>, 2007 on the judicial review of Article 80 of the Law No 22/1997 on Drug declared that death penalty is not violating the Constitution which guarantees the right to life. Furthermore, Indonesia has ratified the International convention on narcotics and psychotropic. On the other hand, the opponent of death penalty argues that death penalty violates Article 28A of the Amendment of the Constitution that all people have the right to life. Secondly, death penalty is cruel and inhumane. Thirdly, there is possibility for false trial, and fourth, death penalty is not in-line with the reformation of penal law which imposes on restorative justice instead of retributive. Fifth, the effect is just a myth and sixth, the family becomes co-victim. Seventh, death penalty also threatened Indonesian living abroad and the last, death penalty cause the loss of Indonesia in International relations.</p>

scholarly journals O Direito Fundamental Social à Saúde na Constituição de 1988: A Garantia da Dignidade da Pessoa Humana entre o Poder Judiciário e a Ponderação de Princípios

2017 ◽  
Vol 11 (3) ◽  
Author(s):  
Cássio Guilherme Alves ◽  
Caroline Müller Bitencourt
Keyword(s):  
Human Person ◽  
Rio Grande ◽  
Right To Health ◽  
Fundamental Rights ◽  
Rio Grande Do Sul ◽  
Santa Cruz ◽  
Federal Constitution ◽  
Democratic State ◽  
The Government ◽  
The Right

O DIREITO FUNDAMENTAL SOCIAL À SAÚDE NA CONSTITUIÇÃO DE 1988: A GARANTIA DA DIGNIDADE DA PESSOA HUMANA ENTRE O PODER JUDICIÁRIO E A PONDERAÇÃO DE PRINCÍPIOS  The FUNDAMENTAL SOCIAL RIGHT to HEALTH IN THE FEDERAL CONSTITUTION of 1988: the guarantee of HUMAN DIGNITY AMONG the judiciary and the BALANCE of PRINCIPLES  Cássio Guilherme Alves* Caroline Müller Bitencourt**  RESUMO: No presente estudo se buscará a análise da realização do direito fundamental social à saúde no Estado Democrático de Direito, haja vista sua proteção constitucional na Carta de 1988. Após o reconhecimento da saúde como direito fundamental social, imprescindível a criação de mecanismos que garantam sua concretização quando o Estado for ineficiente ou se negar à prestação material necessária. Para fins deste artigo será utilizado o método hipotético-dedutivo com análise das teorias da reserva do possível x mínimo existencial vinculado aos princípios de direitos fundamentais para a garantia do direito à saúde. Dessa forma, o Poder Judiciário enquanto poder constituído possui em sua natureza jurisdicional a competência e prerrogativa para compor conflitos, devendo decidir o caso concreto na esfera da jurisdição constitucional, evitando que sejam cometidos abusos e restrições contra os direitos fundamentais. Assim, o direito fundamental social à saúde possui estreita vinculação com a dignidade da pessoa humana, não sendo possível pensar em vida com dignidade com restrições a este direito. Nessa seara, o Poder Judiciário se apresenta como importante ator na concretização e garantia do direito à saúde quando o Poder Público for ineficiente na sua promoção, devendo agir através da jurisdição constitucional para, com o uso do instituto da ponderação, preservar os direitos fundamentais na garantia do mínimo existencial vinculado à dignidade da pessoa humana no Estado Democrático de Direito. PALAVRAS-CHAVE: Dignidade da Pessoa Humana. Direito Fundamental Social à Saúde. Poder Judiciário. Ponderação de Princípios. ABSTRACT: In this study will seek to analyze the carry out of the fundamental social right to health in democratic State of law, its constitutional protection in 1988. After the recognition of health as a fundamental right, essential to the creation of mechanisms to ensure its implementation when the State is inefficient or refuse to provide necessary material. For the purposes of this article shall be used the hypothetical-deductive method with analysis of theories of possible x existential minimum linked to the fundamental rights to the guarantee of the right to health. In this way, the Judiciary while power constituted has the jurisdiction and prerogative Court nature to compose disputes, and decide the case in the sphere of constitutional jurisdiction, preventing are committed abuses and restrictions against fundamental rights. Thus, the fundamental social right health has close linkage with the dignity of the human person, it is not possible to think of life with dignity with restrictions on this right. In this field, the Judiciary presents itself as an important actor in the implementation and guarantee of the right to health when the Government is inefficient in its promotion and should act through the constitutional jurisdiction to, with the use of weighting Institute, preserving fundamental rights in existential minimum guarantee linked to the dignity of the human person in the democratic State of law. KEYWORDS: Dignity of the Human Person. Fundamental Social Right to the Health. Judiciary. Balance of Principles.  SUMÁRIO: Introdução. 1 A Saúde como um Direito Fundamental Social e sua Vinculação com a Dignidade da Pessoa Humana. 2 A Colisão de Direitos Fundamentais e a Ponderação de Princípios. Considerações Finais. Referências.* Mestrando do Programa de Pós-Graduação em Direito da Universidade de Santa Cruz do Sul (UNISC), Rio Grande do Sul.   ** Doutora em Direito pela Universidade de Santa Cruz do Sul (UNISC), Rio Grande do Sul. Professora do Programa de Pós-Graduação em Direito da Universidade de Santa Cruz do Sul (UNISC), Rio Grande do Sul.

scholarly journals Cultural Diversity: Conceptual Approaches

2018 ◽  
pp. 234-241
Author(s):  
Simion Roșca
Keyword(s):  
Cultural Identity ◽  
Cultural Diversity ◽  
Linguistic Diversity ◽  
Human Person ◽  
Common Heritage ◽  
Cultural Life ◽  
Unesco Convention ◽  
The Common ◽  
The Right ◽  
Different Cultures

Cultural diversity is, as biodiversity, an element of the common heritage of humanity, whose defense is an ethical imperative inseparable from respect for the dignity of the human person. The concept of cultural diversity permits the existence of a variety of different cultures that are not, by far, isolated, but interact and intersect at all times. The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expression of 2005 stated that cultural diversity is a defining feature of humanity and is aware of the fact that cultural diversity is a common heritage of humanity, being necessary for humanity just as biodiversity is necessary for nature .     Everyone has the right to participate in cultural life, to have access to culture, has the right to respect for cultural identity and to identify with a cultural community, has the right to cultural, religious and linguistic diversity, the right to freely run cultural activities, etc. In this study the author will attempt to analyze and define the concept of "cultural diversity" as well as its basic culture component. Keywords: cultural diversity, culture, cultural heritage, cultural identity, European Union, humanity, cultural factor

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