scholarly journals Liberalism and Modern Law of Information Age

2020 ◽  
pp. 329-336
Author(s):  
Mariia MUZYKA
Keyword(s):  
Human Rights ◽  
Social Relations ◽  
Social Life ◽  
Information Age ◽  
Legal Regulation ◽  
Classical Liberalism ◽  
Legal Doctrine ◽  
Power Rule ◽  
Distribution Of Power ◽  
The Impact

The article is dedicated to the relevant issues of modern legal regulation of the social relations in the light of correlation of main ideas of liberalism and modern sociocultural realia. Liberalism as a concept is not unambiguous in its content, and therefore the use of this concept in each case depends on the context. It is proved that within several centuries the mankind has been establishing its legal life in the framework of liberal and legal doctrine. Liberalism determines freedom, equality, democracy and human rights as the major law-making values. It is traced how the ideas of classical liberalism (system of basic, interconnected principles of personal freedoms, inalienability of the natural rights, limited control, private ownership, distribution of power, rule of law, etc.) are reconsidered under the impact of the objective social factors and through the transformation are adjusted to the new conditions and are overhauled in the modern discourse. Modern period is characterized by the inconsistency between the fundamental provisions of liberalism, its values, and social life realia. Such inconsistency is determined by the specificity of information society, which is evident in the fact that the legal and juristic institutes of guaranteeing, insurance and protection of the mentioned values are not adjusted enough to the new realia. It is shown that the central dichotomy for modern European legal philosophy is the relationship between freedom as a liberal value and the phenomenon of total control over man, and because human rights are necessary to protect individual freedom in classical liberalism, while modern liberalism stands for guarantees and freedoms of individuals. The author underlines that in contrast to the doctrines of communism and fascism, liberalism preserves its vital force due to this flexibility, ability to adjust to the new social conditions which is testified to by various modifications of liberalism (classical, non-classical, neoliberalism). The article also addresses the issue of the «new human rights» in the information age and its correlation with the major liberal values of freedom and equality. The author also emphasizes the updating of the classical legal institutes in the 20th-21st centuries, i.e., the e-democracy phenomenon.

Criminal law as a means of protecting human rights and freedoms in the modern world

2021 ◽  
Vol 28 (3) ◽  
pp. 248-256
Author(s):  
Viktoriia V. Haltsova ◽  
Sergiy O. Kharytonov ◽  
Oleksandr M. Khramtsov ◽  
Oleksandr O. Zhytnyi ◽  
Andrii A. Vasyliev
Keyword(s):  
Human Rights ◽  
Public Relations ◽  
Social Relations ◽  
Criminal Law ◽  
Legal Protection ◽  
Legal Regulation ◽  
Modern World ◽  
Legal Provisions ◽  
Protection Of Human Rights ◽  
Legitimate Interests

This paper is a comprehensive study of the problems of criminal law as a remedy for human rights and freedoms in the modern world. The relevance of this subject lies in the systematic violations of constitutional human rights and freedoms and the inaction of the criminal law in such cases. Nowadays, the criminal law as a remedy for human rights and freedoms in national and international law is described by imperfection in its adaptation to rapidly changing social relations, which, accordingly, leads to problems in their legal protection. There are various reasons for this in the legal sphere, such as gaps in the legal provisions, conflicts of legal regulation and inconsistency of the rules of legislation with existing public relations in the state. All of the above determines the relevance of the subject matter of this study. Thus, the purpose of this study was a comprehensive analysis of theoretical and applied issues relating to the remedies for human rights and legitimate interests against socially dangerous encroachments, and the formulation of scientifically sound proposals for improving the current legislation of Ukraine and the practice of its application in this area. Ultimately, this study identified the legal characteristics of human rights and freedoms at both the national and international levels. The remedies for rights were demonstrated through the lens of criminal law. In addition, the study analysed the forms of implementation of international practice in the national legislation of Ukraine as a remedy for human rights and freedoms in the modern world. The significance of the results of this study was expressed in the further research of related subjects concerning this issue, namely the history of the development of EU criminal law standards and the historical establishment of the concept of human and citizen rights and legitimate interests. Furthermore, the materials of this study can be used in the preparation of educational materials, methodological recommendations, as well as training in various fields of legal science. This, in turn, will allow properly using the criminal law protection of human rights and freedoms without violations on the part of criminal justice bodies

MATRIMONIAL PROPERTY RELATIONS IN THE INTERNATIONAL FAMILY LAW: METHODOLOGY OF REGULATION

2017 ◽  
Author(s):  
Yevhen Tkachenko ◽  
Keyword(s):  
Social Relations ◽  
Social Life ◽  
Family Law ◽  
Family Relations ◽  
Self Regulation ◽  
Essential Element ◽  
Legal Regulation ◽  
Legal Regime ◽  
Property Relations ◽  
Law Regulation

As a result of this study, the family law regulation of matrimonial property relations was found to have its specific mechanism which is defined as a single system of legal ways and means providing mainly dispositive legal influence on family relations that allows significant influence of individual self-regulation and restrictions of prohibitions. At the present stage of study, this mechanism is considered as a ‘complex’ phenomenon which has several layers. Therefore, different interpretations of the mechanism for family law regulation of matrimonial property relations, derived at various levels, show not only their distinctive but also their common features. Determination of heterogeneous circumstances affecting the matrimonial property relations requires an analysis of the content and legal regulation of the relations related to property ones, since they are influenced by the mechanism for family law regulation of matrimonial property relations. Therefore, the methodology is the most essential element of this mechanism: it reveals the basic legal principles of family law regulation and directly connects legal tools with the objectively determined needs of social life by using the regulatory functions of law. The structure of the methodology of the mechanism for family law regulation of matrimonial property relations includes permits, prohibitions, instructions, incentives, obligations, sanctions and other ways to influence proper relationships. Methods of family law regulation are determined as methods of legal influence on the relevant social relations. They reflect the essence of a particular legal regime of regulation, while serving as a unifying principle which groups the system of family law and other legal phenomena within the institutions of family law. In this sense, the main methods of legal regulation are the method of subordination and the method of coordination. As a result, it is determined that each family law method reflects a special legal regime of regulation and depends on the formation of a specific set of techniques and means of regulation, among which a special place is occupied by general permits and general prohibitions.

Lex PPPs as a source of regulation of cross-border relations in the sphere of public-private partnership and the role of international organizations in formation of Lex PPPs

2021 ◽  
pp. 1-10
Author(s):  
Svetlana Valentinovna Maslova
Keyword(s):  
International Organizations ◽  
Private Investment ◽  
Legal Regulation ◽  
Public Private Partnership ◽  
Legal Doctrine ◽  
Private Partnership ◽  
Cross Border ◽  
State Actors ◽  
The Impact

Modern international and cross-border relations in the sphere of public-private partnership (PPP) undergo transformations caused by globalization processes, which leads to the amendments in their legal regulation. The impact of non-state actors increases. Although the toolset for influencing cross-border relations in the sphere of PPP retains its legal core, it is being extended by the rules established by non-state actors outside the international and national legal systems, and carry no legal weight. For PPP as a form of interaction between the state and private investment and business structures, such transformations are particularly noticeable and require precise legal qualification. The scientific novelty of this research consists in providing definition in the international legal doctrine to Lex PPPs as the regulator of cross-border relations in the sphere of public-private partnership. Based on the dialectical, logical, and formal-legal methods, assessment is given to the role of international organizations in the formation of Lex PPPs. In conclusion, the author clarifies the role of Lex PPPs within the system of regulators of public-private partnership, namely that it should not expel the legal regulation of cross-border relations in the sphere of public-private partnership; as well as offers to seek for the new forms of correlation between international law and Lex PPPs and their consolidation through the international legal regulation of public-private partnership.

scholarly journals Influence of previous work experience and education on Internet use of people in their 60s and 70s

2018 ◽  
Vol 25 (3) ◽  
pp. 132-133 ◽  
Author(s):  
Muzawir Arief ◽  
Sari Rissanen ◽  
Kaija Saranto
Keyword(s):  
Social Relations ◽  
Work Experience ◽  
Social Life ◽  
Internet Use ◽  
White Collar ◽  
Influential Factors ◽  
The Internet ◽  
White Collar Worker ◽  
Financial Situation ◽  
The Impact

BackgroundInternet use among the elderly is influenced by various demographic backgrounds, social life and health factors.ObjectiveThis study aims to identify the impact of several demographic features on 60- to 79-year-old individuals’ intention to use the Internet.MethodFinland population data (N = 2508) from the 2012 IKIPOSA project was used with two cohorts: 60s group (n = 1515) and 70s group (n = 990). Descriptive statistic and two binomial logistic regressions have been used with the unadjusted effect and Forward LR method to measure each predictor’s contribution to the model. In addition, a preliminary analysis to measure the multicollinearity was performed.ResultOf the 18 independent variables, only nine predictors, namely, age, education, financial situation, having children, entrepreneurship, a leadership position, a higher level white-collar worker and a lower level white-collar worker, were significant factors in predicting the Internet use. Meanwhile, gender, having grandchildren, living alone, marital status, house location and type, stay-at-home mother or father, blue-collar worker, agricultural entrepreneur and social relations satisfaction were not significant predictors. The most significant predictors were education and age, which contributed 19% and 10%, respectively, to the model. Other significant predictors, lower level white-collar worker, higher level white-collar worker and financial situation, had less impact with only around 6%.ConclusionEducation and age were influential factors among elderly to use the Internet in their later life. Certain work experiences affect elderly people’s engagement with the Internet after retirement.

scholarly journals A law-and-community approach to compensation for takings of property under the European Convention on Human Rights

Legal Studies ◽  
2019 ◽  
Vol 39 (3) ◽  
pp. 398-414
Author(s):  
Ting Xu
Keyword(s):  
Human Rights ◽  
Social Relations ◽  
Social Life ◽  
Market Value ◽  
Private Life ◽  
European Convention ◽  
The Public ◽  
The Best Approximation ◽  
Community Approach ◽  
European Court

AbstractStudies of takings of property highlight the increasing penetration of state power into private life. Controversies regularly surround compensation provisions. Many academic analyses and decisions of the European Court of Human Rights have supported the proposition that market value offers the best approximation of just compensation. However, full market value compensation may not be guaranteed if the taking of property fulfils certain legitimate objectives of the ‘public interest’. To unpack the complexity surrounding compensation provisions under the European Convention on Human Rights, this paper adopts and develops a ‘law-and-community’ approach – an important dimension, not previously investigated in the study of takings of property – which sees ‘community’ as networks of social relations, and views law as not only grounded in community but also existing to regulate communal networks. This paper then identifies the limits of both Art 1, Protocol 1 of the ECHR and the current approaches to compensation in the light of this law-and-community approach. In so doing, the paper makes a distinctive contribution by offering a new socio-legal interpretation of controversies surrounding compensation for takings of property beyond the private/public divide and by proposing an alternative framework of engaging law and regulation in wider social life.

Angnginrang

Emik ◽  
2019 ◽  
Vol 2 (2) ◽  
pp. 192-211
Author(s):  
Jumalia Jumalia
Keyword(s):  
Social Relations ◽  
Social Life ◽  
Social Practice ◽  
Female College Student ◽  
The People ◽  
Depth Interview ◽  
Human Need ◽  
The Common ◽  
Spiritual Satisfaction ◽  
The Impact

Human need is human desires to own and enjoy the usefulness of goods or services that can provide physical and spiritual satisfaction for survival. This study deals with the common social practice of debting at Kodingateng Island, Makassar. It examine the people’s perspective about debt, the debt mechanism, and the impact of debt in their social life. This study was carried out at Kodingareng Island, Makassar, an island where debting is a common social practice. There were 11 participants involved in this study, consisting of a female college student, seven fishermen's wives, and a stall seller (pagadde-gadde), a diver (paselang), and a fisherman (papekang). They are aged between 24 and 47 years. Data was collected using in-depth interview (to explore people's perspectives on debt, debting mechanism, and the impact of debting behavior towards their life; and observation (to observe indebted transactions, who owes, what is owed, billing and payment moments). The study shows that people at Kodingareng Island perceive debt (inrang) as a “habit” that has become a local tradition and debt as a “bond” between the lender (to appa'nginrang) and the borrower (to nginrang). The debt mechanism depends on debted needs, which are varied from primary needs, secondary needs, and tertiary needs; and on the importance of such need. The more important an item becomes, the more often the type of item is debted. The mechanism is simple, one just mention what s/he need and goods can be directly taken or delivered. Despite the fact there is a informal agreement between the lender and the borrower, in many cases the payment methods depends on the borrower. The impact of debt for the people of Kodingareng Island is categorized into three: people are trapped in an endless debt since debt is carried out continuously; generating generation debtors since they are accustomed to see and to practice debt; and affecting community social relations since payments are faltered, despite debting is not a shamefull behaviour.

scholarly journals Epidemics, genome editing and human rights

2021 ◽  
pp. 199-209
Author(s):  
Branislav Fabry
Keyword(s):  
Public Health ◽  
Human Rights ◽  
Genome Editing ◽  
Legal Regulation ◽  
Western World ◽  
Health Issues ◽  
Ethical Challenges ◽  
The Public ◽  
New Treatment ◽  
The Impact

The article deals with the contemporary legal and ethical challenges, caused by coronavirus COVID-19. It analyses the reason why the western world was so much surprized by that pandemics. The text mentions the succeses of western medicine in the battle against epidemics in the 20th century and sees it as one of the reason for underestimating the public health issues in 21st century. The article also emphasizes on other contemporary threat, the antimicrobiotic resistance and the need for new legal answers to pandemics. It deals with problem of human genome editing as the central topic by creating of hereditary immunity against new viral threats. The text also mentions the risks of such new treatment and the impact on human dignity that is understood as leading value in the contemporary legal regulation on biotechnology.

scholarly journals THE INTERNATIONAL HUMAN RIGHT TO HOUSING & THE CANADIAN CHARTER: A CASE COMMENT ON TANUDJAJA V. CANADA (ATTORNEY GENERAL)

2015 ◽  
Vol 32 (1) ◽  
pp. 121
Author(s):  
David DesBaillets
Keyword(s):  
Human Rights ◽  
Attorney General ◽  
Legal Doctrine ◽  
Housing Rights ◽  
International Human ◽  
The Government ◽  
Government Of Canada ◽  
Droit International ◽  
The Right ◽  
The Impact

The case of Tanudjaja v. Attorney General, represents an unprecedented opportunity for Canadian legal scholars to examine the right to adequate housing in the Canadian human rights context. It is the only legal challenge that broaches directly the right to housing under Canadian law, basing its arguments on two key elements contained in Charter of Rights and Freedoms: sections 7 and 15. Moreover, the case represents an attempt by the claimants to bolster their Charter claim with reference to housing rights found in international human right’s law. For Canadian housing rights’ scholars, this decision, though ultimately quite negative in its conclusions, demonstrates the need for a better understanding of the intersection between international legal norms on human rights on the one hand, and the Charter, on the other. It does not, however, adequately portray the full extent of the former’s influence on the latter, as Justice Lederer of the Ontario Superior Court of Justice, failed to address the importance of international legal doctrine with respect to the interpretation of positive social and human rights in the Canadian legal context. In particular, he ignored the growing body of Charter related cases and precedents in Canadian jurisprudence that shed light on the complex relationship between fundamental human rights enshrined in various international legal documents and the recognized positive obligations they impose on the government of Canada to implement them under such long established treaties as the Covenant of Economic Social and Cultural Rights.   In this comment, the author makes a critique of the analysis undertaken by Judge Lederer with regards to the relevance of international human rights norms in the context of Tanudaja, by comparing it with past Charter jurisprudence involving the impact of these on Canadian human rights claims.  L’affaire Tanudjaja c. Attorney General est une occasion unique pour les spécialistes en droit du Canada d’examiner le droit à un logement adéquat dans le contexte des droits de la personne protégés au Canada. Il s’agit du seul litige dans lequel le droit au logement en droit canadien est abordé directement sous l’angle de deux dispositions clés de la Charte canadienne des droits et libertés : les articles 7 et 15. De plus, dans cette même affaire, les demandeurs ont tenté d’étoffer leur allégation fondée sur la Charte en invoquant les droits au logement reconnus dans le droit international sur les droits de la personne. Pour les spécialistes en matière de droits au logement au Canada, malgré les conclusions plutôt négatives qui y sont tirées, cette décision illustre la nécessité de mieux comprendre l’interaction entre les normes juridiques internationales sur les droits de la personne, d’une part, et la Charte, d’autre part. Cependant, elle ne décrit pas adéquatement l’ampleur de l’influence des premières sur la seconde, puisque le juge Lederer, de la Cour supérieure de justice de l’Ontario, n’a pas abordé l’importance de la doctrine juridique internationale relative à l’interprétation des droits sociaux et humains positifs dans le contexte juridique canadien. Plus précisément, il a ignoré le nombre croissant de décisions canadiennes liées à la Charte qui ont mis en lumière la relation complexe entre les droits humains fondamentaux garantis dans différents documents juridiques internationaux et les obligations positives reconnues que ces textes imposent au gouvernement du Canada en ce qui a trait à la mise en œuvre de ces droits en conformité avec des traités d’aussi longue date que le Pacte international relatif aux droits économiques, sociaux et culturels. Dans ce commentaire, l’auteur critique l’analyse que le juge Lederer a menée au sujet de la pertinence des normes internationales à l’égard des droits de la personne dans le contexte de l’affaire Tanudaja, en comparant cette analyse à des décisions antérieures concernant la Charte et faisant état des répercussions de ces normes sur les revendications fondées sur les droits de la personne au Canada. 

scholarly journals IMPLEMENTATION OF THE RIGHT TO HEALTH CARE IN THE COUNTRIES OF THE EUROPEAN UNION

2019 ◽  
Vol 72 (7) ◽  
pp. 1337-1342
Author(s):  
Yuliya Nazarko ◽  
Oleksandr Iliashko ◽  
Natalіa Kaminska
Keyword(s):  
Health Care ◽  
European Union ◽  
Human Rights ◽  
Social Relations ◽  
Legal Regulation ◽  
Right To Health ◽  
The European Union ◽  
Right To Health Care ◽  
Legal Standards ◽  
The Right

Introduction: The right to health is exercised through a complex system of state and social measures of legal, economic, social, scientific, cultural, educational, organizational, technical, sanitary and hygienic nature, aimed at preserving and improving the health of people , lengthening the life expectancy and working capacity, creating good living and working conditions, providing physical and mental development for children and young people, and preventing and managing illnesses and their treatment. The aim: Investigate the international legal and constitutional legal regulation of the right to health care in the countries of the European Union. Materials and methods: The article analyzes the Constitution of the European Union, a number of international legal acts and judgments of the European Court of Human Rights. Review: Each country defines the conditions for realizing the right to health care, according to which people should be healthy, the state itself assumes the obligations of the controller and the protection of this right. These provisions should primarily be enshrined in the Basic Laws - the constitutions. The main direction of state policy in reforming social relations is the achievement of European international legal standards in all spheres of public life. These standards fix the principles, guarantees of norms that determine the scope of human rights, in particular the right to health care. Conclusions: The main problem of ensuring and realizing the right to health in the European Union, as in many countries, is the financing of this industry, because in general, it is impossible to talk about free medical care in the European Union. There are also problems in the field of investment in health care. The urgent issues of primary health care and public health and the elderly dependence period.

scholarly journals Legal Regulation, Legal Impact, and Legal Support: An Index of Indeterminacy

2020 ◽  
pp. 46-53
Author(s):  
Onishchenko N. M.
Keyword(s):  
Social Relations ◽  
Social Life ◽  
Legal Regulation ◽  
State Regulation ◽  
Psychological State ◽  
Coherent System ◽  
Legal Rules ◽  
Regulatory Processes ◽  
Democratic State ◽  
Legal Security

Introduction. One of the tasks of the general theory of law is the development of a categorical-conceptual apparatus. All the more, so when it comes to mutually consistent and mutually evolving categories. In our case it is “legal regulation”, “legal influence” and “legal support”. It is clear, that these categories are not synonymous, but it is also clear that they are interdependent in the context of the current regulatory processes. The aim of the article. The purpose of the article is to demonstrate the correlation of the categories of “legal regulation”, “legal influence” and “legal support”, to point out their non-identical, but interrelated nature. Results. Modern law in a democratic state is not only directly regulating certain social relations, by fixing in the norms their specific patterns of behavior, rights and obligations of their participants, etc., but also influences their further development, to a certain extent determines the trends of their evolution in the future, thereby ensuring the interests of the subjects of law and the possibility of foreseeing their prospects for their further activity. Legal regulation can be characterized as a special formalized method of state regulation of actions of legal entities in order to direct their behavior in accordance with the interests of citizens, society and the state, it requires a comprehensive study of the relevant constituents in their inseparable interaction, that is, as a coherent system, consisting of certain links that interact and each of them follows from the previous one. Any regulation at the same time is, certainly, a certain influence, but not any influence is a regulation, normalization of social life. Legal influence can be characterized as comprehensive and multifaceted (psychological, state-willed, formal, regulatory, etc.) action of law, and legal regulation is a special action of law, which differs in form and content, which is exercised through the subjective rights and obligations of the subjects of law acting as subjects of specific legal relations. The essence of the category “legal security” must be considered in view of the meaning of the term “security”, the multidimensional meaning of which organically follows from the verb “to provide”, that is, to provide sufficient means for something, to make something real workable, to create the necessary conditions for the implementation of something, to guarantee something. Legal support can be seen as a process that guarantees the effective fulfillment of the objectives of legal regulation; legal support includes not only the relevant legal components, but also specific social factors, circumstances, processes, etc., which mediate the effect of legal rules and constitute a link between law and certain social relations. Conclusions. Legal support includes: 1) legal regulation; 2) legal influence; 3) a set of measures and guarantees that ensure the reality and effectiveness of the implementation of legal rules. Legal support includes a certain set of phenomena accompanying it, which give legal regulation quality of real efficiency, achievement of the last socially useful and significant results. Legal support is impossible without legal regulation and legal influence, which are its original prerequisites or bases. However, legal regulation and legal influence often take place outside the context of legal support (for example, when formally certain relationships are regulated by law, but there is no effectiveness of legal regulation, so the socially beneficial effect to which it was directed is not achieved).

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