Sallekhanā: Jaina version of “euthanasia”

2021 ◽  
Vol 4 (1) ◽  
pp. 214-232
Author(s):  
Natalia A. Zheleznova
Keyword(s):  
Moral Dilemma ◽  
Point Of View ◽  
Good Death ◽  
Legal Norms ◽  
Religious Doctrine ◽  
Adequate Understanding ◽  
European Philosophy ◽  
Self Harm ◽  
The Subject ◽  
The Right

The article deals with the specific features of the interpretation of the sallekhanā ritual in the context of the philosophical, ethical and religious doctrine of Jainism based on the analysis of disciplinary texts for monks and laity. The author stresses the ethical ambiguity of this practice from the point of view of modern legal norms and emphasizes that the idea of a worthy “good death” through gradually increasing fasting in Jainism is based on the key idea of non-violence (ahiṃsā) for this tradition, including the prohibition of self-harm. For an adequate understanding of sallekhanā in the context of Jain ethics is necessary to take into consideration who (which person – the factor of the subject), how (in which way – the factor of method), when (at what time – the factor of time), why (on which reason – the factor of purpose) and where (in what place – the factor of place) makes it. It is only with proper preparations and in keeping all the requirements it could be reckoned as the ethically right way to finish a properly (i.e. according to all the precepts of Jain doctrine) lived life both for monks and laypeople. In this case, sallekhanā could be considered as a Jain solution to the moral dilemma of the entire Western European philosophy about whether an individual has the right to leave life independently.

scholarly journals élethez való jog néhány jogelméleti kérdéséről

2013 ◽  
Vol 10 (1) ◽  
pp. 65-73
Author(s):  
Judit Vörös
Keyword(s):  
Case Law ◽  
Point Of View ◽  
In Vitro Fertilisation ◽  
Human Embryos ◽  
Constitutional Court ◽  
Right To Life ◽  
The Subject ◽  
The Right

Nowadays in vitro fertilisation raises relevant controversies at the point of view of jurisprudence as well. The distinct approximations of in vitro embryos, such as to be considered as personae or objects, are also resources of several theoretical and pragmatical questions. It is essential to give a compendious summary about what kind of jurisprudental environment had been contributed to the intrumental comprehension of human embryos too, otherwise it is difficult to understand the scientific quandaries connected to the subject correctly. Merely thereafter the international and the Hungarian regulation of in vitro embryo’s status seems to able to be dissected, in particular the case-law of the Hungarian Constitutional Court related to the right to life and the constitutional funds of the oncurrent re-regulation in our country.

ON THE QUESTION OF THE STRUCTURE OF INHERITANCE LAW

2021 ◽  
Vol 14 (2) ◽  
pp. 59-67
Author(s):  
EKATERINA KHODYREVA ◽  
Keyword(s):  
Legal System ◽  
Civil Law ◽  
Central Place ◽  
Legal Regulation ◽  
Inheritance Law ◽  
Law System ◽  
Legal Norms ◽  
The Subject ◽  
The Right ◽  
Civil Law System

In the present article, the author considers various doctrinal judgments on the question of what constitutes inheritance law and what place it occupies in the legal system. The purpose of the research is to determine the structural divisions of the sub-branch of inheritance law and substantiate the view on the recognition of inheritance law as a sub-branch of civil law with the designation of its inherent institutions and subinstitutions. Results. Based on the results of the study, the author came to the conclusion that inheritance law, taking into account the content of the legal norms forming it, can only be recognized as a sub-branch of civil law. There are no sufficient grounds to consider inheritance law as an institution of civil law or as an independent legal branch as a structural unit of the legal system. Due to the subject of legal regulation, inheritance law is separated from other sub-sectors in the civil law system. Taking into account the specifics of the subject and method of legal regulation, the sub-branch "inheritance law" is subject to further differentiation into its constituent institutions and sub-institutes. It is concluded that it is necessary to distinguish five main institutions within the studied sub-sector, the central place among which belongs to the institute of inheritance law. The legal norms of this institution are currently dispersed in separate chapters of section V of the Civil Code of the Russian Federation and cover the specifics of regulating both hereditary and some related legal relations. It is this diversity to be included in the Institute of law of inheritance relations allows to conclude on the need for it subinstitute three: hereditary sub instructions, sub succession and sub the exercise of the right of inheritance.

The Doctrine of Proper Judicial Protection in Administrative Law (on the Example of Expulsion of Foreign Nationals)

10.12737/2241 ◽  
2014 ◽  
Vol 2 (2) ◽  
pp. 68-79
Author(s):  
Олег Шерстобоев ◽  
Oleg Sherstoboev
Keyword(s):  
Public Administration ◽  
Point Of View ◽  
Theoretical Point ◽  
Complete Model ◽  
Foreign Nationals ◽  
Legal Norms ◽  
European Court ◽  
The Usa ◽  
The Right ◽  
Judicial Protection

Proper judicial protection is an aggregate of legal norms, principles, doctrines that allow maximum guarantee for fair treatment of an administrative dispute, in particular, relating to expulsion of foreign nationals. Among basic means that guarantee a proper settlement of a dispute, one can name the right to appeal the act of public administration, the right to independence of a body, considering the case, the right to qualified legal assistance, competition, completeness of supervision. The author of the article reviews standings of the European Court of Human Rights, as well as the legislation and practice of the USA, Great Britain, Germany and Russia on the issue of judicial protection of foreign nationals, deported from their territory. As a result of the analysis, the author outlines three models of the provided judicial protection: limited, selective and complete. Each model has its pluses and minuses, but from a theoretical point of view the best variant is a complete model of judicial protection.

“The Permiak question”: Bolshevik central authorities, Russian and non-Russian provincial elites negotiating over autonomy in the early 1920s

2012 ◽  
Vol 40 (2) ◽  
pp. 241-257 ◽  
Author(s):  
Indrek Jääts
Keyword(s):  
Soviet Union ◽  
Ethnic Groups ◽  
Linguistic Diversity ◽  
Point Of View ◽  
Self Determination ◽  
Cultural And Linguistic Diversity ◽  
Low Level ◽  
The Soviet Union ◽  
The Subject ◽  
The Right

This is an article on Bolshevik nationalities policy and ethnic engineering, asking who, in fact, decided which populations belonged together as ethnic groups (narodnost') and thus had the right of national self-determination, and how the level of autonomy was determined for each ethnic unit. Scholars have dealt with Russian and Soviet nationalities issues for decades already, but they have turned their attention mainly to the larger nationalities (at the level of SSR, and to a lesser degree the levels of ASSR and autonomousoblast). I argue that the lower levels of national territorial autonomy in the Soviet Union (nationalokrug, raion, volost', andselsovet) are worthy of greater academic attention, at least from the ethnological point of view. Having this kind of low-level territorial autonomy has often been a question of to be or not to be for the small ethnic groups concerned, and hence the subject is connected with the question of preservation of cultural and linguistic diversity in Russia.

scholarly journals Reasons Why Inflicting Harm is not a Sufficient Indicator of Abuse of the Right

Lex Russica ◽  
2021 ◽  
pp. 22-31
Author(s):  
S. V. Musarskiy
Keyword(s):  
Russian Federation ◽  
Civil Code ◽  
Point Of View ◽  
Constitutional Court ◽  
Negative Consequences ◽  
Legal Norms ◽  
Key Factor ◽  
The Russian Federation ◽  
The Right ◽  
Subjective Rights

One of the most difficult issues of civil law is the determination of the criteria for abuse of rights prohibited by Article 10 of the Civil Code of the Russian Federation. Among numerous points of view on this issue, the following has become very widespread in judicial practice: an abuse of the right can be established based on the negative consequences that have occurred for third parties as a result of the exercise of the right. Since these consequences are evident, then the exercise of the right constituted an abuse. Substantial support for this approach is provided by the Constitutional Court of the Russian Federation opining that the rule of Art. 10 of the Civil Code of the Russian Federation is aimed at implementing the principle enshrined in Part 3 of Art. 17 of the Constitution of the Russian Federation. Having studied the origins of this point of view and its legal foundations, the author noted a number of inherent shortcomings. In particular, this point of view does not distinguish between inflicting unacceptable harm and admissible actions causing harm to another person; it does not take into account the competition of legal norms; it does not take into account that causing harm prohibited by law is an offense and, therefore, it is not an act of exercising subjective rights. These and other shortcomings of the concept of causing harm, noted by the author of the paper, lead to the conclusion that the feature of “causing harm” in itself is insufficient to qualify the act as an act of abuse of the right and the application of Art. 10 of the Civil Code of the Russian Federation. In addition to the indicated feature, which is a prerequisite for the application of Art. 10 of the Civil Code of the Russian Federation, the court must establish another (key) factor, namely: the fact that, in its opinion, allows to distinguish between legal abuse and other lawful and unlawful phenomena.

scholarly journals Prawo do opieki dyplomatycznej i konsularnej – przyczynek do rozważań w świetle standardu międzynarodowego

2019 ◽  
pp. 143-162
Author(s):  
Krzysztof Kozłowski
Keyword(s):  
International Law ◽  
Host Country ◽  
Standard Of Care ◽  
Point Of View ◽  
Legal Standard ◽  
The Subject ◽  
Definition Of ◽  
The Individual ◽  
The Right ◽  
Subjective Rights

This article aims at analyzing the right to diplomatic and consular protection in the context of the standard resulting from international law. It tries to give a definition of this institution, pointing to its public and subsidiary nature. It also points out that diplomatic and consular assistance is carried out in a situation of conflict between the interests of the individual and the country of origin, and that of the host country. The article also discusses the subject and subject matter of consular and diplomatic care.                 Moreover, the study comments on the specific features of this right from the point of view of the complexity and effectiveness of the protection of rights at the international level. In this context it was pointed out that the right to diplomatic and consular protection is not a classic right, but can be considered as an instrument for the operation of other rights or freedoms. The right to consular and diplomatic care is devoid of homogeneous regulation, but also depends on the legal standard of care offered by the home state and must be within the limits set by the host country. The scope of its application may be related to any legal event that may occur when the entity is in a situation of contact with the legal system of the receiving state.                 The discussions under consideration highlighted the subsidiarity of the right to diplomatic and consular assistance for the exercise by the individual of his or her rights and freedoms. However, There is no complete protection standard in this respect, which is conducive to the lack of exhaustive regulation at the convention level, which, in extreme cases, can jeopardize the exercise by the individual of his or her subjective rights, that is to ensure its adequate protection standard in the territory of the host country.

scholarly journals Category «privilege»: doctrine, legislation, practice

2020 ◽  
Vol 2020 (1) ◽  
pp. 53-60
Author(s):  
Artem Repyev
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Learning Style ◽  
Legal Status ◽  
Point Of View ◽  
Dialectical Logic ◽  
Legal Norms ◽  
Legal Situation ◽  
Approach Method ◽  
The Right

Introduction. The article is devoted to the general theoretic analysis of legal category “privilege”. The author proposes and argues the hypothesis of the perception of privilege as a form of legal advantage different from such types of this system as courtesy and immunity. The work presents essential and substantial consideration of legal privilege from the point of view of the doctrine of law, historical and modern legislation, as well as law enforcement practice. The aim is to form a view of privilege as a form of improving the legal situation of individual entities with special legal status; to propose its definition. Methodology. Historical learning style, empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic. Specific scientific methods: technical approach, method of interpretation of legal norms. Results. Analysis of doctrinal sources of Russian and foreign law, historical monuments of jurisprudence, modern normative legal acts and law enforcement practice has shown thatthe category of privilege is often mixed with other legal means, having an incentive or rewarding character. On the basis of the establishment of similarity and distinction elements between privilege, courtesy and immunity, aspects of their interaction and existing contradictions, the author proves the independent categorical nature of privilege, identifies its specific features, which differ from related legal phenomena. Conclusion. In both legal science (theoretical and sectoral) and the system of legislation, it is necessary to clearly distinguish the understanding and application of the legal category “privilege” by means of: establishing legal definition, unification and specifying the provisions of normative acts using backing, incentive and rewarding instrumentarium; achieving the justifiable use of evaluation categories giving the right to the privilege. The actions taken should contribute not only to improving the efficiency of public relations regulation due to the legal advantages system, but also to reducing the corruption risks associated with the granting of such “on top of ” rights, diminishing administrative barriers on receipt and realization.

scholarly journals AKIVAIZDAUS TAPATUMO KERAI

2009 ◽  
Vol 6 (1-2) ◽  
pp. 84-101
Author(s):  
Nerijus Čepulis
Keyword(s):  
Phenomenological Analysis ◽  
Point Of View ◽  
The Other ◽  
Western Thought ◽  
Traditional Notion ◽  
The World ◽  
The Face ◽  
The Subject ◽  
The Right ◽  
The Way

Šiuo straipsniu siekiama permąstyti tradicinę tapatumo sąvoką. Į tapatumą Vakarų mąstymo istorijoje buvo žiūrima visų pirma ontologiniu požiūriu. Moderniųjų laikų posūkis į subjektą susitelkia į Aš kaip bet kokio tapatumo centrą, pagrindą ir gamintoją. Fenomenologinė analizė tapatumo ištakas pagilina iki Aš santykio su išore, su pasauliu, su kitybe. Tačiau kitybė, tapdama sąmonės turiniu, nėra absoliuti kitybė. Būdas, kuriuo tapatumas, įsisavindamas savinasi pasaulį ir naikina kitybę, yra reprezentacija, siekianti akivaizdumo. Reprezentacija kaip intencionalus įžvalgumas bet kokį objektą lokalizuoja sąmonės šviesoje. Šviesa ir regėjimas – tai paradigminės Vakarų mąstymo tradicijos metaforos. Straipsnyje siekiama parodyti, kodėl ir kaip šviesa bei akivaizdumas netoleruoja absoliučios kitybės. Iš akivaizdumo kerų tapatumas atsitokėti gali tik per atsakingą santykį su Kitu, tai yra etiką. Čia tapatus subjektas praranda pirmumo teisę kito asmens imperatyvo atžvilgiu. Begalybės idėja, draskydama totalų tapatumą iš vidaus, neleidžia jam nurimti ir skatina atsižvelgti į transcendenciją, į kitybę, idant ji būtų laisva nuo prievartinio tapimo egocentrinio tapatumo turiniu ir manipuliacijos auka. Atsakomybė kito žmogaus veido akivaizdoje eina pirma akivaizdaus suvokimo ir įteisina jį.Pagrindiniai žodžiai: tapatumas, akivaizdumas, kitybė, socialumas.Charms of Evident IdentityNerijus Čepulis SummaryIn this article I seek to rethink the traditional notion of identity. In the tradition of Western thought identity was viewed first and foremost from an ontological point of view. After the turn toward the subject, the I is thought of as the centre, the base and the producer of any identity. Phenomenological analysis deepens the origin of identity to the relation of the I to the world, i.e. to the alterity. Yet the alterity, by becoming the content of consciousness, is not an absolute alterity. The way, in which identity assimilates, possesses the world and annihilates alterity, is representation. Representation seeks evidence. Representation as intentional perceptivity localizes every object in the light of consciousness. Light and vision are paradigmatic metaphors of the traditional Western thought. Hence in this article I seek to show why and how light and evidence do not tolerate absolute alterity. Identity can be sobered from the charms of evidence only by responsible relation to the Other, i.e. by ethics. Here identical subject loses the right of priority in front of the imperative of the other person. Idea of infinity worries total identity from within. Infinity does not permit identity to quiet down and induces to heed transcendence and alterity. Only in this way alterity can escape the violence to become a content of egocentrical identity and the victim of manipulation. Responsibility in the face of the other person precedes evident perception and legitimates the latter.Keywords: identity, evidence, alterity, sociality.

scholarly journals Highlighting the complex interrelationship between the concepts of trust and control

2012 ◽  
Vol 2 (2) ◽  
pp. 33-50
Author(s):  
Peter Beusch
Keyword(s):  
Management Control ◽  
Point Of View ◽  
Control Mechanisms ◽  
Organizational Setting ◽  
Accounting Systems ◽  
Personal Trust ◽  
Fresh Perspective ◽  
The Subject ◽  
The Right ◽  
And Control

This paper presents the area of management control and trust in an inter-organizational setting with an attempt to offer a fresh perspective on the complex relationship between and different understandings of the two concepts of trust and control. This is done with help of two case studies in a cross-cultural setting and involving five multinational companies that were involved in two large acquisitions. Obviously, different actor groups’ cultural and educational heritage has brought with it that dissimilar opinions exist on the subject of mainly system-based versus inter-personal based trust.The paper first demonstrates that trust and control can mean different but also the same things to different people, depending very much on the logic and values applied but also depending on if the actors were motivated more intrinsically or extrinsically. Further, what impact certain control mechanisms, or the lack thereof, have on individual’s behavior is outlined. The paper also reveals that it is difficult to find the right balance between diverse types of control and trust as time went on after the acquisitions. The main reason for this is that actors with different socio-cultural heritage use different references regarding trust and control and put unlike emphasis on what should be focused on, what should be counted, and what should be accounted for. Trust and control can mean almost identical things but the cases illustrate that, from a rhetorical and convincing point of view, system trust appears to be stronger in certain settings than inter-personal trust, as it, to particular actors, provides the impression of being in control. The contrary is true in other settings, where having ‘facts and figures’ and ‘a whole bunch ‘of accounting systems and accounting techniques not automatically mean to be in control, thus leaving more room for the use and appreciation of inter-personal trust.

ON THE ISSUE OF ADMINISTRATIVE AND LEGAL REGULATION OF THE ADOPTION OF A PRACTICAL EXAM FOR THE RIGHT TO DRIVE A VEHICLE

2021 ◽  
pp. 73-76
Author(s):  
А.А. Сабинин
Keyword(s):  
Legal Regulation ◽  
Legal Norms ◽  
The Subject ◽  
Internal Affairs ◽  
The Right ◽  
Practical Exam

Предметом исследования в настоящей статье выступили правовые нормы, регламентирующие порядок проведения экзамена на право управления транспортным средством категории «В». Автором проводится анализ законодательства в рассматриваемой области, выделяется ряд неоднозначных положений Административного регламента, утвержденного приказом МВД России от 20.02.2021 № 80, вносятся предложения по доработке данного нормативного правового акта. The subject of the study was the legal norms regulating the procedure for conducting the exam for the right to drive a vehicle of category "B". The author analyzes the legislation in the area under consideration, identifies a number of ambiguous provisions of the administrative regulations approved by the order of the Ministry of Internal Affairs of Russia No. 80 of 20.02.2021, and makes proposals for finalizing this normative legal act.

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