scholarly journals Conceptual aspects regarding the domicile and residence of the individual (part II)

2021 ◽  
Author(s):  
Renat Curchin ◽  
Keyword(s):  
Family Law ◽  
Point Of View ◽  
Individual Part ◽  
International Regulations ◽  
The Individual ◽  
The Right ◽  
Rules And Exceptions

The concept of domicile is to be researched in terms of both national and international regulations, because this term does not have the same meaning, or the scope of the term is much wider and should not be identified with the notion of ,,domicile” in the sense of the right to own a dwelling. The importance of establishing the domicile or temporary residence is determined by the legal effects it produces from the point of view of constitutional, civil, criminal, family law, etc. This study, divided into two parts, is an attempt to define the basic terms, identify situations for establishing the domicile in the case of minors, protected persons, rules and exceptions regulated both nationally and internationally.

Are we Ready for a “Microbiome-Guided Behaviour” Approach?

2019 ◽  
Vol 28 (04) ◽  
pp. 708-724
Author(s):  
ANDREA LAVAZZA ◽  
VITTORIO A. SIRONI
Keyword(s):  
Fecal Microbiota Transplantation ◽  
Negative Attitude ◽  
Well Being ◽  
Fecal Microbiota ◽  
Point Of View ◽  
Brain Functioning ◽  
The Central Nervous System ◽  
The Individual ◽  
The Right ◽  
The Mind

Abstract:The microbiome is proving to be increasingly important for human brain functioning. A series of recent studies have shown that the microbiome influences the central nervous system in various ways, and consequently acts on the psychological well-being of the individual by mediating, among others, the reactions of stress and anxiety. From a specifically neuroethical point of view, according to some scholars, the particular composition of the microbiome—qua microbial community—can have consequences on the traditional idea of human individuality. Another neuroethical aspect concerns the reception of this new knowledge in relation to clinical applications. In fact, attention to the balance of the microbiome—which includes eating behavior, the use of psychobiotics and, in the treatment of certain diseases, the use of fecal microbiota transplantation—may be limited or even prevented by a biased negative attitude. This attitude derives from a prejudice related to everything that has to do with the organic processing of food and, in general, with the human stomach and intestine: the latter have traditionally been regarded as low, dirty, contaminated and opposed to what belongs to the mind and the brain. This biased attitude can lead one to fail to adequately consider the new anthropological conceptions related to the microbiome, resulting in a state of health, both physical and psychological, inferior to what one might have by paying the right attention to the knowledge available today. Shifting from the ubiquitous high-low metaphor (which is synonymous with superior-inferior) to an inside-outside metaphor can thus be a neuroethical strategy to achieve a new and unbiased reception of the discoveries related to the microbiome.

scholarly journals Disputes Resolution

Sæculum ◽  
2019 ◽  
Vol 47 (1) ◽  
pp. 73-83
Author(s):  
Ionel Nariţa
Keyword(s):  
The State ◽  
Point Of View ◽  
Reference Mark ◽  
Objective Reference ◽  
The Individual ◽  
The Right

AbstractBy „dispute” we mean an argumentative dialog where each of the two parts state opposite theses. Two sentences can be contrary if they have similar reference, but incompatible predicates (SIP – sentences with incompatible predicates). Usually, the disputes are solved using force in different ways, but that does not mean that the winner is right and his thesis is true. Therefore, we cannot evaluate a thesis on the ground of its success, but we need a reference mark for that. According to the Sophist school, the individual is the only reference mark, so any SIP is equally justified. The absolutist point of view claims that there is an objective reference mark and, consequently, the truth is, at its turn, objective and unique. Finally, the relativist orientation rejects any objective reference mark, but the right thesis is not arbitrary, as the sophists thought, it is true relatively to the state of the evaluator to a given moment. It follows that, for any evaluator, at a moment of time, only one SIP is true.

Status 'Akad Nikah Terhadap Sumbangan Pemilikan Harta Sepencarian Antara Pasangan Suami Isteri menurut Perspektif Syariah

2021 ◽  
Vol 24 (2) ◽  
pp. 132-155
Author(s):  
Akli Ahmad ◽  
Rohani Desa
Keyword(s):  
Joint Venture ◽  
Married Couple ◽  
Point Of View ◽  
Maintenance Rate ◽  
Civil Court ◽  
The Absolute ◽  
Work At Home ◽  
The Individual ◽  
The Right ◽  
At Home

'Akad nikah' is a 'syar'ie contract' which binds married relationships as a bond that stipulates some of the rights that their spouses must fulfill either physical and inner maintenance (nafkah) of wife. The ruling of this maintenance is obligatory to be adorned according to the rates and conditions set by syara'. However, the maintenance rate varies between an individual and another. It is based on the individual capabilities of the giver and the individual position of the recipient. Some maintenance rates are referring to the 'urf of a place. The obligatory nafkah given to the spouse is the absolute possession of the recipient without being withdrawn by the giver. While every gift other than a mandatory maintenance is included in the category (tabarru') or a donation that is permissible or required. This type of grant will specify the occurrence of transfer if the recipient has already received it in cash (qabadh). While jointly acquired property is essentially any property that is jointly owned by two or more parties, by sharing the capital for its ownership. If referred to a jointly acquired property issue that becomes an international polemic either in a civil court or a sharia court, it is again associated with the context of a married relationship that has been legally charged. Does a valid marriage academy become one from the reason of ownership or vice versa? Does the wife's work at home be calculated as the company's capital against the husband's work? Therefore, this paper will answer the question from the point of view whether the property exists typically, simply because of a valid marriage academy, or it must only be through the partnership of a spouse on a joint venture property. However, in some cases, there are also claims made by couples even on property that do not share together with equal capital or energy, only on the grounds as a married couple, or with arguments of helping spouses from a homework standpoint etc. It is hoped that this paper can resolve problems relating to cases of spousal rights claims for jointly acquired assets legally and in line with shariah. This study with a strong objective is to be given the right to the right and not to take non-rights. It is a predetermined justice of syara' which overcomes the customary rulings that are thought to be fairer. But the truth is that the rule of syara' overcomes all other stipulations. Asbtrak ‘Akad nikah’ adalah ‘kontrak syar’ie’ yang mengikat hubungan suami isteri sebagai ikatan yang melazimkan beberapa hak yang mesti ditunaikan oleh pasangan masing-masing sama ada nafkah fizikal dan batin. Hukum nafkah ini adalah wajib dilunaskan mengikut kadar dan syarat yang telah ditetapkan oleh syara’. Namun kadar nafkah adalah berbeza antara seseorang individu dengan yang individu lain. Ia adalah berdasarkan kemampuan individu pemberi dan kedudukan individu penerima. Sesetengah kadar nafkah adalah merujuk kepada ‘urf sesuatu tempat. Nafkah yang wajib diberikan kepada pasangan adalah menjadi milik mutlak penerimanya tanpa boleh ditarik balik oleh pemberi. Manakala setiap pemberian selain daripada nafkah yang wajib adalah termasuk dalam kategori (tabarru’) atau sumbangan yang diharus atau disunnatkan. Pemberian jenis ini akan melazimkan berlakunya pindah milik jika penerima sudah menerimanya secara serah tunai (qabadh). Manakala harta sepencarian pada dasarnya ialah mana-mana harta yang dimiliki secara bersama oleh dua pihak atau lebih, dengan berkongsi modal untuk pemilikannya. Jika dirujuk kepada isu harta sepencarian yang menjadi polemik antarabangsa sama ada di mahkamah sivil atau mahkamah syariah, ia sekali lagi dikaitkan dengan konteks hubungan suami isteri yang telah diakadnikah secara sah. Adakah akad nikah yang sah menjadi satu dari sebab pemilikan atau sebaliknya? Adakah kerja isteri di rumah boleh dikira sebagai modal syarikat terhadap kerja suami? Justeru, kertas ini akan menjawab persoalan dari sudut adakah harta sepencarian itu wujud secara lazim, semata-mata kerana akad nikah yang sah, atau ia mestilah hanya melalui perkongsian suami isteri pada sesuatu harta secara usaha bersama. Namun bagi sesetengah kes tuntutan harta sepencarian di mahkamah, ada juga tuntutan yang dilakukan oleh pasangan walau pada harta yang tidak berkongsi secara bersama sama modal atau tenaga, hanya atas alasan sebagai pasangan suami isteri, atau dengan hujah membantu pasangan dari sudut kerja-kerja rumah dan sebagainya. Diharapkan kertas ini dapat menyelesaikan masalah yang berkaitan kes tuntutan hak pasangan bagi harta sepencarian secara undang-undang dan syariah. Kajian ini dengan objektif kukuh iaitu supaya diberi hak kepada yang berhak dan tidak mengambil hak yang bukan hak. Ia adalah suatu keadilan yang telah ditetapkan syara’ yang mengatasi hukum adat yang disangkakan lebih adil. Namun hakikatnya ketetapan undang syara’ itu mengatasi segala ketetapan selainnya.

scholarly journals Difficult way of the institution of criminal liability for attacks on the honor and dignity of the person, or problems of targeting

2021 ◽  
Vol 7 (2) ◽  
pp. 48-56
Author(s):  
T. V. Klenova
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Policy ◽  
Point Of View ◽  
Historical Method ◽  
Democratic State ◽  
The Individual ◽  
The Right ◽  
Criminal Legislation ◽  
The Impact

The article is devoted to the institution of criminal liability for attacks on the honor and dignity of the individual. The article, using the historical method, examines the stages of development of this institution and the features of protecting the honor and dignity of the individual from the point of view of the values of a modern democratic state. The author analyses the impact of explicit and implicit criminal policy objectives on the ways to protect the honor and dignity of the individual. Particular attention is paid to the criminalization and decriminalization of libel and slander. The research is aimed at identifying the problems of targeting in changes in the institution of criminal liability for attacks on honor and dignity, when the relevant criminal law norms are replaced by administrative law norms. The author seeks to depoliticize the protection of the personal right to honor and dignity on the basis of the principle of equality of citizens before the law. The current Russian criminal legislation is mainly aimed at protecting the honor and dignity of persons in connection with their social accessories. Within the protective concept of criminal law, the author of the article justifies the conclusion that the right of anyone who has suffered from slander or insult to achieve the truth and state censure of the perpetrator is guaranteed. Such a view will also be interesting to researchers of the criminal process.

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 TECHNOLOGIES OF INFORMATIVE AND MANIPULATIVE INFLUENCE ON SOCIO-POLITICAL CONSCIOUSNESS AND BEHAVIOR OF MODERN YOUTH

2021 ◽  
Vol 2021 (2) ◽  
pp. 27-33
Author(s):  
Svetlana Doskach ◽  
Lіubov Kostyk
Keyword(s):  
Young People ◽  
Information Technologies ◽  
Point Of View ◽  
The Political ◽  
Political Consciousness ◽  
Political Processes ◽  
The Media ◽  
The Individual ◽  
The Right ◽  
And Behavior

The article presents a theoretical analysis of informative and manipulative influence on the socio-political consciousness and behavior of modern youth. The interpretation of consciousness in the psychological and political areas has been revealed, which makes it possible to consider information technologies as an important attribute of influence on political consciousness. There has been conducted the analysis of the psychological components of informative and manipulative technologies, which defined as the dominance of the spiritual state of the individual, the imposition of thoughts, ideas, attitudes, values and management of behavior in favor of the subject of influence. There has been revealed the idea that the favorable socio-political conditions encourage the media to exert influence by manipulating the political consciousness and behavior of young people. The opinion has been clarified, that the use of communication technologies, that optimize the implementation of policy actors of their tasks and responsibilities through rational means, sequence of actions, development of an appropriate algorithm of behavior, result in the implementation of human activities to achieve socially significant goals, including political one. In the context of this issue, the role of the media in the political processes of society has been revealed, where they act as a means of manipulative influence aimed at transforming the political consciousness of young people. The factors influencing the political consciousness of young people have been analyzed, where the most influential are: granting the right to edit, adding their own conjectures; distortion of information; submission of false information; being reticent about major events; being ahead of the curve. However, the main reason for the effects of informative and manipulative influence lies in the personal scope, where it is important to have the ability to think critically, to analyze, interpret, defend the point of view, have strong energy and will, to have different forms of verbal influence of optimal mechanisms of thought and actions appropriate to the situation. Methods of effective counteraction to informative and manipulative influences have been determined. The main one is the ability to distribute information in the associative space, when one constructs the absence of intersection of the discussed events by associative connection with other unrelated events. Due to effective approaches, modern youth has the opportunity to stop being a "passive mass" and become active citizens who defend their opinions, make independent decisions and form their own patterns of behavior.

scholarly journals FOOD SECURITY AS A GUARANTEE OF THE REALIZATION OF THE RIGHT TO HUMAN HEALTH

2021 ◽  
Vol 74 (11) ◽  
pp. 3072-3076
Author(s):  
Olena M. Batyhina ◽  
Bogdan V. Derevyanko ◽  
Tetiana V. Khailova
Keyword(s):  
Food Security ◽  
Human Health ◽  
Scientific Work ◽  
Legal Framework ◽  
Right To Health ◽  
Point Of View ◽  
Human Right ◽  
Fundamental Factor ◽  
The Individual ◽  
The Right

The aim: To investigate the theoretical and legal framework governing the relevant areas of food security, ensuring healthy, adequate and safe nutrition. To consider human rights to food security as a basis for health care, a basis for the realization of the right to health and life. Materials and methods: The study analyzes and uses the normative legal acts of national legislation, international acts, data from international organizations and the results of scientific work of scientists. With the help of scientific methods, medical and legal point of view, the problems of ensuring food security are identified as a guarantee of the realization of the right to human health. Сonclusions: Food security and nutrition are central to the individual and fundamental factor to the whole of society in respect of human right to health. An adequate level of food security must be ensured by individual governments and the international community through the development, approval or implementation of an appropriate regulatory framework, as well as through the establishment of a political and institutional framework.

scholarly journals Socio-Cultural and Axiological Aspects of Economic Behavior and Satisfaction of Human Needs

2020 ◽  
Vol 2020 (1) ◽  
pp. 47-52
Author(s):  
Vladimir Zolotukhin ◽  
Dariya Semina ◽  
Marina Semina
Keyword(s):  
Cultural Practices ◽  
Modern Society ◽  
Economic Behavior ◽  
Value Orientations ◽  
Point Of View ◽  
Cultural Environment ◽  
Human Needs ◽  
Goods And Services ◽  
The Individual ◽  
The Right

The present article considers the correlation of two key categories of human economic behavior: needs and values. As the socio-cultural attitudes of modern society change, values become the main reference point of the individual, and the ways the person chooses to realize his or her needs characterize the formation of value orientations and stereotypes of human behavior. From the point of view of development of various consumption models, the axiological attitude to goods and services is undergoing a transformation. The vector of transformation depends on how this process is reflected by human consciousness. The way one chooses to satisfy his or her needs depends on the prevailing value stereotypes in one’s economic behavior. The formation of needs and their assessment are determined by the economic reality and the socio-cultural environment. A person has the right to determine the trajectory of their economic behavior, as long as it is legal and conscious, both in the technological and economic sense. From the point of view of the subject of activity and consumption, a person is a reflection of social identity, due to the socio-cultural environment, limited by a certain awareness and understanding of the quality of life. The author focuses on the fact that certain negative socio-cultural practices caused by inefficient and problematic activities of state institutions result increase irresponsible behavior, legal nihilism, unjustified tolerance and / or zero tolerance, as well as the transformation of value stereotypes.

Political philosophy, nature of

2018 ◽  
Author(s):  
Raymond Plant
Keyword(s):  
Political Philosophy ◽  
Good Deal ◽  
Point Of View ◽  
Political Order ◽  
Political Organization ◽  
The Political ◽  
Political Ideologies ◽  
The Individual ◽  
The Right

Political philosophy developed as a central aspect of philosophy generally in the world of ancient Greece, and the writings of Plato and Aristotle made a basic and still important contribution to the subject. Central to political philosophy has been a concern with the justification or criticism of general political arrangements such as democracy, oligarchy or kingship, and with the ways in which the sovereignty of the state is to be understood; with the relationship between the individual and the political order, and the nature of the individual’s obligation to that order; with the coherence and identity of the political order from the point of view of the nation and groups within the nation, and with the role of culture, language and race as aspects of this; with the basis of different general political ideologies and standpoints such as conservatism, socialism and liberalism; and with the nature of the basic concepts such as state, individual, rights, community and justice in terms of which we understand and argue about politics. Because it is concerned with the justification and criticism of existing and possible forms of political organization a good deal of political philosophy is normative; it seeks to provide grounds for one particular conception of the right and the good in politics. In consequence many current controversies in political philosophy are methodological; they have to do with how (if at all) normative judgments about politics can be justified.

scholarly journals Assertiveness in Nursing

2018 ◽  
Vol 3 (3) ◽  
Author(s):  
Bushra Mushtaq
Keyword(s):  
Quality Of Life ◽  
Point Of View ◽  
The Other ◽  
Nursing Profession ◽  
Broad Term ◽  
The Individual ◽  
The Right

Assertiveness is essential to nursing profession in many ways. Nursing profession is the respectful profession which demands and shows respect for others. Assertive ways of communicating and putting ones own concerns, ideas in front of others which help to the clients care as well as for nursing profession itself. Assertive nurse defends client in every aspects. It enhances honesty and dedication in nursing profession. Assertiveness is a broad term associated with the individual from hierarchical development of life. It adds to the quality of life by adding meaning and support to ones behaviour. It adds to the quality by adding meaning and support to ones behaviour .It is not only being confident about ones words but also about ones actions, doing and behaviour exhibited in every situation of life. It is learned behaviour behaviour or mode of communicating feelings, ideas in a confident way without being aggressive on others. It depicts the confident behaviour in an individual within under estimating the others. Being assertive is beneficial to everyone. It can be defined simply, to convey one’s own point of view which affirms the right of the individual without violating the rights of the other person

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