scholarly journals O DIREITO DE HOSPITALIDADE UNIVERSAL E O COLONIALISMO NO PENSAMENTO DE KANT

Alamedas ◽  
2020 ◽  
Vol 8 (1) ◽  
pp. 115-133
Author(s):  
Márcio Bonini Notari
Keyword(s):  
17Th Century ◽  
League Of Nations ◽  
The State ◽  
The Third ◽  
Perpetual Peace ◽  
The World ◽  
Cosmopolitan Law ◽  
The Right

RESUMONa segunda seção, Kant menciona: “Os artigos definitivos para a paz perpétua entre os Estados são três: o primeiro, a Constituição civil em cada Estado deve ser republicana. A constituição de um Estado preocupado com a liberdade das pessoas, enquanto componentes de uma sociedade, da sua dependência a uma legislação comum e da sua igualdade como cidadãos. O direito das gentes deve ser fundado sobre um federalismo de Estados livres. Para garantir um estado de paz, Kant sugere a formação de uma união entre os povos, que não seria o mesmo que um Estado congregando povos, pois cada um tem e deve conservar a sua individualidade e o terceiro, o direito cosmopolita deve ser limitado às condições da hospitalidade universal. Essa ultima concepção, Kant no final do século XVII, já falava do “direito da posse comunitária da superfície da Terra”, e que, em virtude de suas dimensões limitadas, somos obrigados a conviver uns com os outros, tornando-se necessário exercitar. Essa ultima concepção, permite problematizar a questão dos estrangeiros e do colonialismo reforçando a necessidade da liga das nações em assegurar o direito cosmopolita, regulador das relações entre Estado e Cidadãos de outros estados (Estrangeiros), em não ser tratados com hostilidade em qualquer parte do globo, numa perspectiva de uma cidadania universal.Palavras chaves: Direito dos povos, direito cosmopolita, colonialismo.In the second section, Kant mentions: “There are three definitive articles for perpetual peace between states: the first, the civil constitution in each state must be republican. The constitution of a State concerned with people's freedom, as components of a society, of their dependence on common legislation and of their equality as citizens. People's law must be founded on a federalism of free states. To guarantee a state of peace, Kant suggests the formation of a union between peoples, which would not be the same as a State congregating peoples, since each one has and must preserve its individuality and the third, the cosmopolitan right must be limited to conditions of universal hospitality. This last conception, Kant at the end of the 17th century, already spoke of the “right to community possession of the Earth's surface”, and that, due to its limited dimensions, we are obliged to live with each other, making it necessary to exercise. This latter conception allows us to problematize the issue of foreigners and colonialism, reinforcing the need for the league of nations to ensure the cosmopolitan right, which regulates relations between the State and Citizens of other states (Foreigners), in not being treated with hostility anywhere in the world. globe, in a perspective of universal citizenship.Key words: Peoples' law, cosmopolitan law, colonialism 

Giving effect to the human right to a clean environment in Botswana

2021 ◽  
Vol 23 (1) ◽  
pp. 23-39
Author(s):  
Tinashe Madebwe ◽  
Emma Chitsove ◽  
Jimcall Pfumorodze
Keyword(s):  
Environmental Protection ◽  
The State ◽  
Human Right ◽  
Environmental Rights ◽  
Environmental Deterioration ◽  
Clean Environment ◽  
The World ◽  
The Right

Environmental deterioration remains a concern in Botswana. Despite efforts being made to address this issue by the state, more needs to be done in this regard. This is particularly interesting in the light of reports that the country is looking to draft a new constitution. Against this backdrop, this article considers whether including environmental rights in Botswana’s constitution would advance environmental protection efforts. To this end, the article relies on experiences with rights drawn from different jurisdictions across the world, as well as commentary on these experiences, to build a tool for measuring the extent to which the turn to environmental rights holds value in a given jurisdiction. Using this tool, and drawing from experiences in looking to establish environmental rights in Botswana, the article measures the extent to which including the right in the constitution would hold value in advancing Botswana’s pursuit of environmental protection objectives.

scholarly journals Right to life and possible interference in its implementation: Constitutional and legal aspect

2021 ◽  
Vol 21 (4) ◽  
pp. 453-457
Author(s):  
Marina L. Voronkova ◽  
Keyword(s):  
Death Penalty ◽  
Russian Federation ◽  
Legal Aspect ◽  
The State ◽  
Human Embryos ◽  
Right To Life ◽  
Legal Method ◽  
The World ◽  
The Russian Federation ◽  
The Right

Introduction. The problems of realizing the right to life are relevant to varying degrees in all countries of the world. Their importance can hardly be overestimated, since the preservation of a full-fledged family, society and the state as a whole depends on their solution. The article examines the problems associated with abortion, surrogacy, the development of biotechnology, death penalty, and analyzes the legislative experience of various states and Russia in these areas. The purpose of the study is to conduct a comprehensive analysis of the problems arising in connection with the realization of the right to life and its possible restrictions. In the course of studying the problems, both general scientific and special legal methods were used: historical and dialectical methods, methods of analysis and synthesis, as well as the comparative legal method. Theoretical analysis. Russia (RSFSR) was the first country in the world to legislate in 1920 to allow abortion. According to the author, artificial termination of pregnancy solely at the request of a woman (without taking into account medical and social factors) causes irreparable harm to society, especially given the difficult demographic situation in modern Russia. In addition, this does not correspond to the guiding thesis of responsibility to future generations, enshrined in the preamble to the Constitution of the Russian Federation. In the context of realizing the right to life, each state faces a problem related to death penalty. Can a state, where the right to life is guaranteed, take the life of criminals? Apparently, each state should decide this issue based on the extent to which a particular crime poses a threat to society, a threat to life and health of people. Results. In our opinion, in countries with liberal legislation in relation to abortion, such as Russia, it is necessary to prohibit abortion at the request of a woman, since in this case the woman’s desire violates the right to life of an unborn child. The state should protect the right to life from the moment of conception, not birth, but this is a long process that should lead to an extensive interpretation of Part 2 of Art. 17 of the Constitution of the Russian Federation by the Constitutional Court of the Russian Federation. In addition, Russia needs to pay attention to the legislative experience of Germany and France in relation to surrogacy. In these countries, the legislator has clearly substantiated why surrogacy is in fact a crime against the family. In these countries, surrogacy is criminalized. Also, with the development of biotechnology all over the world, the problems of IVF and cryopreservation of human embryos are acute. This problem can also be solved at the level of legislation by allowing IVF only to married couples (man and woman) who cannot give birth to a child, and by limiting the number of fertilized eggs to a minimum, so that later the issue of destroying unclaimed embryos is not resolved. In general, it seems that in a mature society that wants to develop and tries to prevent the destruction of its state, it is necessary to protect the right to life by all possible legislative methods.

scholarly journals Polish Dialectal Phrasematics – the State of Research (for the Five-year Period 2015–2020), Methods and Perspectives

2021 ◽  
pp. 229-241
Author(s):  
Maciej Rak
Keyword(s):  
The State ◽  
Research Trend ◽  
The Third ◽  
South Eastern ◽  
The North ◽  
History Of Research ◽  
The World ◽  
History Of ◽  
State Of Research ◽  
North And South

The article has three goals. The first is to present the history of research on Polish dialectal phrasematics. In particular, attention was paid to the last five years, i.e. the period 2015–2020. The works in question were ordered according to the dialectological key, taking into account the following dialects: Greater Polish, Masovian, Silesian, Lesser Polish, and the North and South-Eastern dialects. The second goal is to indicate the methodologies that have so far been used to describe dialectal phrasematics. Initially, component analysis was used, which was part of the structuralist research trend, later (more or less from the late 1980s) the ethnolinguistic approach, especially the description of the linguistic picture of the world, began to dominate. The third goal of the article is to provide perspectives. The author once again (as he did it in his earlier works) postulates the preparation of a dictionary of Polish dialectal phrasematics.

scholarly journals Pendidikan Sosial Sesuai Hadits Rosul SAW

2019 ◽  
Vol 4 (2) ◽  
Author(s):  
Suluri Suluri
Keyword(s):  
Civil Society ◽  
Social Problems ◽  
Human Beings ◽  
The Third ◽  
Road Users ◽  
The World ◽  
The Right

This paper examines various social problems in society often occur. In interacting with the community, like it or not, like it or not, intentionally or unintentionally it often happens that the offense and hurt hurt. The Prophet Muhammad as the messenger of Allah who was sent to perfect morality has set examples in navigating life in the world, especially in social matters. Evidently Rosul SAW has built a civil society in Medina. The examples of the Prophet Muhammad who I adopted in this article are the prohibition of whispering together without regard to the third, the ethics of visiting, greeting, giving the right of road users and giving rights to neighbors. From these various themes, it is expected to be a learning so that in interacting with fellow human beings, a Muslim always prioritizes morality.

The International Defense of Liberty

1985 ◽  
Vol 3 (1) ◽  
pp. 27-42
Author(s):  
Baruch A. Brody
Keyword(s):  
Use Of Force ◽  
Real Life ◽  
The State ◽  
Human Freedom ◽  
The World ◽  
The Right

It seems to me that those who place great value on the right to human freedom can be badly divided on the question of the use of force by states to defend the liberties of those who are not citizens of that particular state. Concerned about the liberties to be defended, they might be enthusiastic supporters of the use of such force by liberty-loving countries throughout the world. Concerned about the liberties that might be violated when the state marshals its forces for use internationally, they might adopt a more isolationist approach to this issue. This paper is an attempt to help clarify this conflict by looking at some of the philosophical issues it raises. Because I wish to avoid factual debates about current conflicts, I will give no real-life examples. However, they are on my mind, and I hope the reader will keep them in mind as well.

scholarly journals On the optical and physical properties of tabasheer. By David Brewster, LL. D. F. R. S. Lond. and Edin. In a letter to the Right Hon. Sir Joseph Banks, Bart. G. C. B. P. R. S. &c

1833 ◽  
Vol 2 ◽  
pp. 115-116
Keyword(s):  
Optical Properties ◽  
Specific Gravity ◽  
Physical Properties ◽  
The State ◽  
Index Of Refraction ◽  
Flint Glass ◽  
The Third ◽  
Refractive Power ◽  
The Absolute ◽  
The Right

Tabasheer is a substance found in the cavities of the bamboo, existing originally in the state of a transparent fluid, but gradually indurating into a solid of different degrees of hardness: it consists of 70 silica, + 30 potash and lime. One variety has a milky transparency, transmitting a yellowish, and reflecting a bluish light; another is translucent, and a third opake: the two first varieties become transparent, and evolve air when immersed in water: the third evolves air also, but remains opake. If the first varieties be only slightly wetted they become quite opake. The property of acquiring transparency by the evolution of air from, and the absorption of water by its pores, belongs also to the hydrophanous opal; but the faculty of becoming opake by a small quantity, and transparent by a larger, of water, shows a singularity of structure in tabasheer. As the tabasheer disengages more air than hydrophane, its pores must be more numerous; and therefore the transmission of light, so as to form a perfect image, indicates either a very feeble refractive power or some peculiarity in the construction of its pores. To determine this, Dr. Brewster formed a prism of tabasheer with an angle of 34° 15', and upon measuring its refractive power found it very low, though various in different specimens, the index of refraction varying from 1·11 to 1·18, that of water being 1·33, of flint-glass 1·60, of sulphur 2·11, of phosphorus 2·22, and of the diamond 2·47. So that tabasheer has a lower refractive power than any other solid or liquid, and holds an intermediate place between water and the gases. Dr. Brewster then gives a formula for computing the absolute refractive power of bodies, and a table of results, from which it appears that, in this respect, the refractive power of tabasheer is so low as to be separated by a considerable interval from all other bodies. The author next proceeds to detail a variety of experiments upon the absorbent powers of the different kinds of tabasheer, in respect to several liquids, and the corresponding effects upon its optical properties and specific gravity, and concludes with observations on the cause of the paradox exhibited by the transparent tabasheer, in becoming opake by absorbing a small quantity of water, and transparent when the quantity is increased.

scholarly journals Studi Kritis Terhadap Pemahaman Fahmi Basya Terkait Dengan Ayat-Ayat Negeri Saba

2020 ◽  
Vol 2 (1) ◽  
pp. 38-51
Author(s):  
Ahmad Fudoli Zaenal Arifin
Keyword(s):  
Qualitative Research ◽  
The State ◽  
The Past ◽  
Library Research ◽  
Scientific World ◽  
The World ◽  
The Right ◽  
Scientific Facts

Criticism is something that must be built in the scientific world. Because, in science there is no such thing as a definite truth. Criticism here to bring it in the right direction. Especially about the story of the past contained in the Qur'an. A story that is explained in it contains truth, lessons and teachings evidently undeniable for all creatures of Allah, for the happiness of the world and the hereafter. This study uses qualitative research in the form of library research, the author uses the approach of the theory of the Qur'an and Interpretation and the theory of Diltheiy thinking and interpretive writing ideas in Indonesia. Meanwhile, the collection of data by means of documentation, namely the book Indonesia Negeri Saba'by Fahmi Basya and also taken from various related sources. Furthermore, the analysis is done by reading and examining Fahmi Basya's understanding writing, which is written in his book. In summary, Fahmi Basya confirmed 14 comparative accounts of Indonesia and Yemen based on the Qur'an and 53 scientific facts which he discovered that Indonesia was the State of Saba'. Fahmi Basya's understanding is very contrary to the commentators at least caused by two problems. Finally, Fahmi Basya wants to prove that the State of Saba 'in the Qur'an in Indonesia. Based on the study of Fahmi Basya's understanding it was found that Fahmi Basya was not an expert in the field of the Qur'an and Tafsir. So, when he understands the Qur'an and reveals the results of his research in the community it needs to be reviewed. Seeing with the scientific viewpoints of the Qur'an, Fahmi Basya's interpretation seems to match his discoveries with the Qur'anic Verses. And forcing all that can be matched look for verses of the Qur'an.

scholarly journals Bosniaks and Bosnia: A Study in the Philosophy of Politics (1)

Illuminatio ◽  
2020 ◽  
Vol 1 (1) ◽  
pp. 102-135
Author(s):  
Ferid Muhić
Keyword(s):  
European Union ◽  
National Culture ◽  
Subjective Experience ◽  
The State ◽  
The European Union ◽  
Global Community ◽  
Basic Premise ◽  
Philosophical Thought ◽  
The World ◽  
The Right

In this article, the author suggestively points to the importance of understanding the concept of nation and the state in the context of the European philosophical thought and practice regarding the nation and the state. Although the occasion is about the Bosniak/Bosnian nation and the Bosnian state, the author’s reflections are applicable to all groups similar to the Bosniak/Bosnain nation, as well as to all the states similar to the Bosnian state. The basic premise of this article is that the idea of a universal nationality, culture and civilisation does not oppose or negate the particular feeling or the subjective experience of either the nationality or the state. The membership of European Union does not detract the right for any nation in Europe of the right to cultivate and develop its national culture as well as its particular state consciousness. In fact, in the extent of which every nation and every state in Europe has an active awareness of its national and cultural specific value, gives Europe, indeed – the European Union strong and important role in the global community. Hence, the Bosniaks/Bosnians, both as a nation and a state (nation) have no need to withdraw, but rather have the historical opportunity to feature their specific Bosnian culture and Bosnian state as a richness worthy of appreciation, not only in Europe, but also in the world. 

scholarly journals Pastoral Konseling Terhadap Anak Usia 5-12 Tahun Yang Mengalami Krisis Kasih Sayang

2020 ◽  
Vol 4 (2) ◽  
pp. 158-181
Author(s):  
I Made Suharta
Keyword(s):  
Pastoral Counseling ◽  
Bright Light ◽  
The State ◽  
The Other ◽  
Good Teaching ◽  
Extended Families ◽  
The Family ◽  
The World ◽  
The Right ◽  
Personality Patterns

Anak-anak di dunia ini sangat membutuhkan bimbingan dari orang tua yang dilakukan dengan adanya rasa kasih sayang dari keluarga terutama bimbingan dari orang tua.  Dengan bimbingan dan kasih sayang yang sepatutnya, seorang anak akan bertumbuh menjadi suatu kesukaan bagi orang tua, berkat bagi dunia, dan terang bercahaya bagi Allah. Pengaruh keluarga atau pun juga guru yang mengajar mereka di sekolah bagi perkembangan anak sangatlah besar. Karena guru juga merupakan tempat utama bagi pembentukan karakter, watak, dan kepribadian anak di sekolah. Dengan bantuan dan dorongan dari keluarga, teman-teman, dan anggota-anggota keluarga besar, anak-anak seharusnya merasakan masa kanak-kanak sebagai suatu masa untuk menemukan pribadi seperti yang telah dikehendaki oleh Tuhan. Namun keadaan dunia ini tidaklah selalu sesuai dengan yang diharapkan. Dunia saat ini memberikan kepada anak-anak kemudahan-kemudahan untuk melakukan sesuatu yang tidak sesuai dengan yang diajarkan dalam keluarga begitu juga dengan lingkungan sangat mempengaruhi pembentukan pola-pola kepribadian maupun pola-pola sikapnya. Ketika orang tua tidak memberikan kasih sayang kepada anak sejak kecil yang seharusnya diterima oleh anak dan ketika orang tua gagal memberikan kasih sayang kepada anak, maka anak tidak dapat bertumbuh dengan baik dan di sekolah pun anak tidak aktif dalam mengikuti pengajaran. Hal yang lainnya ialah, mereka bertumbuh menjadi anak-anak yang pemalu dan takut untuk tampil didepan umum, juga kurang percaya diri, menganggap diri kurang mampu, tidak hanya di sekolah namun di lingkungan juga.  Peristiwa lainnya ialah ketika orang tua tidak terlalu mementingkan pertumbuhan anak, maka akan membuat anak sulit mengikuti pengajaran yang baik di sekolah. Kasus-kasus di atas, adalah akibat kurangnya pastoral konseling terhadap anak pada usia 5-12 tahun sehingga berdampak pembentukan karakter dan emosi yang kurang baik. Oleh sebab itu guru diharapkan mampu untuk mengerti pastoral konseling dengan benar dan menjalankannya didalam pengajaran tiap-tiap hari yang dilakukan seorang guru di sekolah, karena pastoral konseling terhadap anak yang benar akan mempengaruhi kecerdasan anak dan anak dapat merasakan kasih sayang atau perhatian yang seharusnya mereka dapatkan dari orang tua.   Children in this world really need guidance from parents which is done with the love of family, especially guidance from parents. With proper guidance and affection, a child will grow into a joy for parents, a blessing to the world, and a bright light for God. The influence of the family or also the teacher who teaches them at school for children's development is very large. Because the teacher is also the main place for the formation of character, character, and personality of children in school. With the help and encouragement from family, friends, and members of extended families, children should feel childhood as a time to find the person who is desired by God. But the state of this world is not always as expected. Today's world gives children the ease of doing things that are not in accordance with what is taught in the family as well as the environment greatly influencing the formation of personality patterns and patterns of attitude. When parents do not give love to children since childhood which should be accepted by children and when parents fail to give love to children, then the child cannot grow properly and even in school the child is not active in following teaching. The other thing is, they grow up to be shy children who are afraid to appear in public, also lack of confidence, consider themselves less capable, not only in school but also in the environment. Other events are when parents are not too concerned with the child's growth, it will make it difficult for children to follow good teaching in school. The cases above, are due to the lack of pastoral counseling of children at the age of 5-12 years, which results in the formation of character and emotions that are not good. Therefore teachers are expected to be able to understand pastoral counseling correctly and carry it out in teaching every day that is done by a teacher at school, because pastoral counseling to the right child will affect the intelligence of children and children can feel the love or attention they should get from parents.

scholarly journals DOOMED TO DEATH: ABORTIONS AND ABORTION TOURISM

2020 ◽  
pp. 3-9
Author(s):  
Nina Myronets ◽  
Oksana Romaniv ◽  
Oksana Yaromenko
Keyword(s):  
Medical Tourism ◽  
Developed Countries ◽  
The State ◽  
Practical Significance ◽  
Internet Resources ◽  
Literary Sources ◽  
Tourist Flows ◽  
The World ◽  
Administrative Units ◽  
The Right

The purpose of the study is to group the countries of the world according to the availability and legality of abortion and to identify patterns of development of tourist flows of abortion tourism. The research methodology includes a system of methods and techniques: monographic method (used to process materials from literary sources and Internet resources), statistical method (used to assess the prevalence of abortion), cartographic method (used to visualize the legality and availability of abortion around the world), classification method (used to group countries according to the criterion of the level of availability and legality of abortion). Research results. The geography of tourist flows of one of the types of medical tourism (abortion tourism) was analyzed. It arose as a result of the possibility of obtaining medical procedures abroad, prohibited or restricted in their own country. Attention was focused on the factors of legality and accessibility of these medical services in the countries. There are four groups of countries on the availability of abortion: 1) freedom of abortion; 2) abortion for medical and socio-economic reasons; 3) abortion for medical reasons and in other exceptional cases; 4) complete ban. The right to terminate a pregnancy at the woman's request is guaranteed in 71% of developed countries and in 16% of developing countries. Most countries that restrict abortion throughout the territory or in its separate administrative units - this is the state of Africa and South Asia and Latin America. But abortion tourism is the most intensive in Europe. The controversy over abortion has not abated. The two main groups in discussion call themselves "for choice" (with an emphasis on women's right to choose) and "for life" (with an emphasis on the unborn child's right to life). The scientific novelty of the work is that the proposed grouping of countries according to the legality and availability of abortion, outlines the factors of abortion tourism. The main directions of tourist flows of abortion tourism in Europe are determined. The practical significance of the results of the work is that they can be used to shape the tourism policy of Ukraine, as the state is involved in the field of abortion tourism as a recipient of tourist flows. The results of the study also contribute to solving social and demographic problems in the context of depopulation and deteriorating public health. After all, abortions are factors that negatively affect the reproduction of the population and women's health.

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