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.

Impact of Tradition on Law of Modern China

10.12737/5281 ◽  
2014 ◽  
Vol 2 (8) ◽  
pp. 94-106 ◽  
Author(s):  
Павел Трощинский ◽  
Pavel Troshchinskiy
Keyword(s):  
Social Relations ◽  
Legal Regulation ◽  
Modern China ◽  
Criminal Cases ◽  
Moral Principles ◽  
Close Relationship ◽  
The Law ◽  
The Right ◽  
Legislative Activities

The article discusses some features of the modern legal system in China , formed under the direct influence of Chinese traditional concepts about the role of the Right and the Law in the society. The attention is focused on moral teachings of Confucius and the views of legalists, that had had a decisive influence on legal culture and legal consciousness of a Chinese citizen. Explores the attitude of Chinee to liability and punishment, the death penalty, specificity of the legal regulation of social relations in the Chinese state. Provides examples from the law enforcement practices and legislative activity, confirming the close relationship between the modern and the traditional law in China. The special place in researching is occupied by issues of crackdown legal liability against violators of legal regulations. Analyzes the most resonance criminal cases in relation of those people, who sentenced to death , have committed crimes in the field of illicit drug trafficking , driving while intoxicated, resulted the death of two or more persons, verdicts to the supreme penalty of persons involved in the addition of melanin in infant formulas. The influence of tradition, customs and moral principles on modern legislative activities of Chinese legislator is confirmed by other examples through the prism of the modern and the traditional law in China. The author calls for to pay more attention to tradition while analyzing the current legislation of China. The modern law of China is closely connected with traditional Chinese concepts about place and role of the Law in society.

Stephen Fry, the Meaning of Life, and the Problem with Irish Blasphemy Law

2019 ◽  
Author(s):  
Neville Cox
Keyword(s):  
Human Rights ◽  
Meaning Of Life ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Public Morality ◽  
International Human Rights ◽  
International Human ◽  
The Law ◽  
The Impact

Abstract In May 2017, news broke that comedian Stephen Fry was, briefly, under investigation in Ireland, for blasphemy, leading to a reaction of outrage that a blasphemy law existed in Ireland in 2017. This mirrored the equivalent reaction in 2009 when Ireland, in fulfilment of a constitutional obligation, defined the crime in a piece of legislation. A blasphemy law must, by definition, be predicated on a religious public morality that regards certain kinds of irreverence as being ‘unsayable’ and, because Irish public morality is now secular in nature, the law, even though it can have no substantive impact, carried an embarrassingly erroneous message about the nature of modern Ireland. The impact of the law was, therefore, symbolic, and the reaction was against what was seen as an embarrassing and inaccurate symbolic message about the nature of modern Ireland. The disconnect between Irish public morality and the existence of a blasphemy law is the strongest reason why the law should be abolished, and is also the reason why it is unjustifiable as a matter of International Human Rights Law.

scholarly journals Challenging the Constitutionality of Section 377A in Singapore: Towards a More Humanist Treatment of Homosexuality in Singapore Law

2021 ◽  
Vol 6 (SI) ◽  
pp. 61-75
Author(s):  
Baey Shi Baey Shi
Keyword(s):  
Human Rights ◽  
Public Opinion ◽  
Social Relations ◽  
Minority Groups ◽  
Penal Code ◽  
Post Colonial ◽  
Colonial Modernity ◽  
Lgbt Community ◽  
Bisexual And Transgender ◽  
The Law

This paper examines the tensions between the law, politics and public opinion in Singapore via a landmark 2014 ruling that upheld the constitutionality of Section 377A of the Penal Code criminalising sex between men. It argues that the ruling dealt a serious blow to the human rights project for minority groups in Singapore due to complex socio-political biases towards homosexuals and a narrow legal logic that is overly deferential to the legislature. This “tyranny of the majority” not only reinforces longstanding prejudices against the Lesbian, Gay, Bisexual and Transgender (LGBT) community and deprives them of their rights, but potentially results in the graver consequence of compromising the integrity of the Singapore Constitution and the country’s democratic ideals. The paper also illustrates how the court of public opinion, split between conservative and liberal pro-humanist camps, not only keeps this issue at an impasse through opposing representations of homosexuality but also reflects an important ideological juncture that Singapore currently finds itself at as it navigates the path to modernisation and liberalisation. It urges a humanistic re-imagination of the law where the formulation and instrumentalisation of laws are constantly renegotiated and reworked to become more responsive as historical contexts and social relations between various parties beyond the State and its apparatus evolve. It also ventures that decriminalising homosexuality presents Singapore with the opportunity to define a new Asian post-colonial modernity and that the concept of “rights capital” can introduce greater equity and dignity within society.

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 Judicial doctrine in the legal system of the world

2021 ◽  
pp. 48-57
Author(s):  
Natalia Parkhomenko
Keyword(s):  
Human Rights ◽  
Social Relations ◽  
Legal System ◽  
European Convention ◽  
Legal Doctrine ◽  
European Court ◽  
Protection Of Human Rights ◽  
Judicial Doctrine ◽  
The Law ◽  
Law Making

Special characteristics of the perception of judicial doctrine in the countries of common and continental law, in the European community in terms of the harmonisation and strengthening the influence of the European Court of Human Rights on the juridical regulation, are defined. Special attention is paid to the identification of the essence and content oh judicial doctrine of the ECHR and its importance in the regulation of social relations. Generally accepted approach in the countries of continental law is the one under which the judicial practice and doctrine, as a result of compilation of jurisprudence, is not the source of law in formal-legal perception, but it is an important factor of the law-making. In the countries of common law, the legal doctrine has been developing by scaling up the experience of court’s decisions and the perception of the decisions of the judicial authorities as a source of law. The case law of the European Court of Human Rights as a part of European legal system plays the harmonisation role. The judicial doctrine of European Court of Human Rights is one of the sources of law for the counties of the European Area and countries, that adhered to the European Convention for the Protection of Human Rights and Fundamental Freedoms, strengthened its grip since the end of the twentieth century and in the twenty-first century, especially, it increased the influence on the regulation of the international relations and the domestic relations as well. Such doctrine became a part of their national legislature. The above mentioned is confirmed by legal force and by place in national legal systems of judicial doctrine of European Court of Human Rights, containing general principles or framework for the protection of human rights and freedoms. That’s why its perception is performed as a general rule , source of law, but not the judgment in a particular case, which is not relevant to the hearing of other cases. For this, important is constitutional endorsement of ECHR’s decisions in the hierarchy of legal acts, or sources of law in formal-legal perception. For this moment, there had been a convergence of conceptual approaches to understanding the legal doctrine in general and judicial doctrine in particular. There is a fundamental importance of the judicial doctrine, which is a precondition and a source for the law-making, law enforcement, and also it could act as a direct source of law in formal-legal perception.

scholarly journals Interpreting the Claim to Legitimate Authority: an Analysis of Joseph Raz's Objection Against Incorporating Moral Norms into Law

2019 ◽  
Vol 18 (3) ◽  
pp. 319-332
Author(s):  
Ramiro Ávila Peres
Keyword(s):  
Critical Review ◽  
Legitimate Authority ◽  
Legal Interpretation ◽  
Strong Version ◽  
Legal Practice ◽  
Moral Norms ◽  
Review Of The Literature ◽  
Moral Principles ◽  
The Third ◽  
The Law

From a critical review of the literature, we analyze the incompatibility between the possibility of incorporating moral principles to the law and its authoritative nature, as argued by exclusive positivists, such as J. Raz. After presenting his argument in second section, we argue in the third section that it is incompatible with commonly accepted (even by Raz)  premises of the theory of legal interpretation, or else it would lead to contradiction - unless one presupposes, within the premises, a strong version of the sources thesis (which is what Raz intends to prove). In conclusion, we return to the arguments presented, concluding with a possible difficulty for the adoption of exclusive positivism by people inside a legal practice. 

scholarly journals The Contribution of Human Rights in Thinking on Renewing The Book of Law of Criminal Events (KUHAP)

2019 ◽  
Vol 16 (2) ◽  
pp. 395-426
Author(s):  
Yahyanto Yahyanto
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Criminal Procedure ◽  
Fundamental Principle ◽  
Equal Treatment ◽  
The Rule Of Law ◽  
Procedure Code ◽  
The Future ◽  
The Law

The fundamental principle of human rights is that all people are born free and have equality in human rights. Equality requires equal treatment; it means that anyone should be treated equally in any condition before the law. The idea of Human Rights in the Draft of the Law on Criminal Procedure Code, which will be upheld, will become a new legalized law in the future, not apart from lifting and placing a suspect, defendant, and convicted dignified position as a creature of God. Moreover, in the end, declarative human rights principles will not mean much if the stage of the rule of law does not follow them.Fundamental dari hak asasi manusia adalah ide yang meletakkan semua orang terlahir bebas dan memiliki kesetaraan dalam hak asasi manusia. Kesetaraan mensyaratkan adanya perlakuan yang setara, dimana pada situasi sama harus diperlakukan dengan sama, dimana pada situasi yang berbeda diperlakukan dengan berbeda pula.  Pemikiran HAM dalam RUU KUHAP  yang akan diundangkan menjadi UU kedepan, tidak terlepas  mengangkat dan menempatkan seorang tersangka, terdakwa dan terpidana dalam kedudukan yang bermartabat sebagai makhluk ciptaan Tuhan. Dan pada akhirnya, prinsip-prinsip HAM yang bersifat deklaratif tidak akan banyak berarti apabila tidak diikuti dengan tahap supremasi hukum. 

scholarly journals Equality before the Law Matters: The Legacy of American Jews and the Founding of the NAACP and the Modern Civil Rights Movement

2021 ◽  
Author(s):  
John P. Williams
Keyword(s):  
Human Rights ◽  
African Americans ◽  
Civil Rights ◽  
Civil Rights Movement ◽  
Cultural Practices ◽  
Coalition Building ◽  
American Jews ◽  
Protest Movements ◽  
Moral Principles ◽  
The Law

This chapter examines efforts by a small cadre of leading American Jews to bring to light human rights violations toward African Americans at the beginning of the 20th century. More specifically, this effort scrutinizes efforts by Jews who ushered in an era of human rights campaigning based on their moral principles, norms, and cultural practices. These same principles and practices manifested themselves in the co-founding of the National Association for the Advancement of Colored People in 1909. This profoundly important organization would lead concerted efforts to organize legal protest movements to bring about fairness in housing, employment, and education, regardless of race, color, or creed. This study will answer the following questions: What motivated leading American Jews to help co-found the NAACP and guide it become a leading advocate for African Americans in legal, political, and financial matters? Who were the Jewish leaders who came from various fields, including civil matters, education, law, and business to help create this nascent enterprise? What coalition-building took place between the Jews and African Americans over the last century leading to the birth of the civil rights movement in America in the 1950s and 1960s? What inroads or gains were made from the establishment of the NAACP and its development to bring about civil rights, and equality under the law in housing, education, employment, and banking to the forefront for blacks living in America? Ultimately, this research will underscore ways in which leading Jewish men and women who helped establish the NAACP were successful in integrating this organization with other civic organizations and working black leaders to make it a force in making the NAACP a force in achieving social justice and equality before the law.

„Rzymski” Żyd – nieznana twórczość Romana Brandstaettera

2012 ◽  
Vol 53 (1) ◽  
pp. 47-61
Author(s):  
Dariusz Konrad Sikorski
Keyword(s):  
New York ◽  
Social Norms ◽  
Cultural Values ◽  
Interwar Period ◽  
Free Speech ◽  
Role Model ◽  
The Self ◽  
Polish Literature ◽  
The Bible ◽  
The Law

Summary After 1946, ie. after embracing Christianity, Roman Brandstaetter would often point to the Biblical Jonah as a role model for both his life and his artistic endeavour. In the interwar period, when he was a columnist of Nowy Głos, a New York Polish-Jewish periodical, he used the penname Romanus. The ‘Roman’ Jew appears to have treated his columns as a form of an artistic and civic ‘investigation’ into scandalous cases of breaking the law, destruction of cultural values and violation of social norms. Although it his was hardly ‘a new voice’ with the potential to change the course of history, he did become an intransigent defender of free speech. Brought up on the Bible and the best traditions of Polish literature and culture, Brandstaetter, the self-appointed disciple of Adam Mickiewicz, could not but stand up to the challenge of anti-Semitic aggression.

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