Die (Wieder-)Geburt der Grundrechte aus dem (Un-)Geist der totalen Prävention

2021 ◽  
Vol 7 (2) ◽  
pp. 188-203
Author(s):  
Manuel M. Güntert

In the section „On the Constitution“ in his „Foundations of Natural Right“, Johann Gottlieb Fichte designs a total police state. The passport functions as an instrument to ensure permanent surveillance of citizens. This text paradigmatically shows that total surveillance is not only incapable of guaranteeing the desired security, but that it endangers it itself. The need for fundamental rights can therefore be derived from surveillance itself.

Philosophy ◽  
2018 ◽  
Author(s):  
Isabelle Thomas-Fogiel

Johann Gottlieb Fichte (b. 1762–d. 1814) is the first representative of what has been called “German idealism.” He precedes both Schelling, who was considered his disciple until their final break, and Hegel. Regarded as a disciple of Kant in 1793, Fichte nevertheless reproached him for not having succeeded in founding the content of his philosophy on an absolute principle. His primary purpose is therefore to make philosophy into a rigorous science. Fichte therefore begins to elaborate in 1794 on what he calls the “Science of Knowledge” (Wissenschaftslehre; WL). He tirelessly proposes new versions of this Science of Knowledge, insisting through the repetition of the title, on the permanence of his initial motivation: to find an absolute foundation for knowledge. The versions of Fichte’s Science of Knowledge (a dozen in total, distinguished by their date: 1794, 1801, etc.) reflect the most general and abstract level of philosophical thought. This first level of philosophy, which is the most general and abstract, is called by Fichte “first philosophy.” The second level corresponds to theoretical philosophy (or the philosophy of nature) and practical philosophy (or ethics as developed, for example, in his Systems of Ethics, in 1798). The third level represents the “particular sciences,” which study more specific and concrete fields, including subdisciplines such as biology and physics, or “natural right” (i.e., “theory of right”) and philosophy of religion. Finally, a fourth level is constituted by the so-called popular writings, aimed at a public of nonphilosophers, for example, The Vocation of Man, The Way Towards the Blessed Life, and Addresses to the German Nation. The contrast between the clear and literary language of these popular writings and the arid abstraction of the Sciences of Knowledge has often been emphasized. Fichte’s body of work seems to pose a problem of continuity for many commentators. Are the multiple versions of Science of Knowledge compatible with each other? To this question, the answer is more often than not a negative one. Fichte’s commentators divided these versions into two or, sometimes, three periods. The vast majority of interpretations assert that Fichte’s thought evolved over time. Such a change is more often expressed as the passage from a doctrine of what is finite (the subject, the “Self”) to a philosophy of absolute (God, Being). The problem of this evolution has become one of the most difficult aspect of interpreting Fichte’s thought.


2010 ◽  
Vol 53 (3-4) ◽  
pp. 197-222
Author(s):  
Janusz Gręźlikowski

“Right to defence” in canonical process for nullity of matrimony results first of all from natural right and it is strictly connected with the dignity of human being, recognition of which requires to respect and defend human’s rights. Each man has a right for defence. This right belongs to the rights related with human being and it precedes each codified statutory law. It is basic and fundamental right resulting form existence of other fundamental rights, protection of which should be guaranteed in the Church. Keeping this right is necessary for realization of justice and objectivity of the process. Norms of this law guarantee to the litigants inviolable right to defence in cases for nullity of matrimony, they promote this right and underline its importance and meaning as well as its precise application to clarify the truth of objectively conducted suit. Canon process law distinguish two distinctions: right to defence and exercising the right to defence. Litigants have the rights to defence guaranteed in all stages of the suit: starting the proceedings and initiation of dispute, in stage of showing the evidence, discussion as well as in decision stage and attacking the judgment phase. Exercising the right to defence the litigants can support themselves using such suit figures as: guardian, attorney in fact and lawyer. It is important, so as in the suit for nullity of the matrimony, a contention suit rule was kept, which requires keeping the right for defence to each litigant. These guarantees apply in special way to citation act, notifying about subject of dispute, possibility to present different evidence means, publishing the records of the case, presentation of applicable defences, publication of sentence and its appeal. Right to defence also allows the tribunal conducting the case to get to the truth about validity of questioned matrimony and to pass the sentence by the judge. Furthermore it guarantees to the faithful the right to know the truth about their matrimony. This right should be always interpreted in context of duty the litigants have regarding searching for objective truth about their marriage. This means guaranteeing to litigants their basic process rights.


2016 ◽  
Vol 1 (1) ◽  
Author(s):  
Abdullah Tri Wahyudi

Human rights are a fundamental right or fundamental rights of existing and human beings, often called the human rights (human rights). So human rights are basic rights or the rights of human subjects brought from birth as a gift / gift of God Almighty. This right is fundamental in nature and is a natural right that can not be separated from and in human life.Marriage is a basic human right that is rights to form families in marriage and with their particularities in the Marriage Act which regulates marriage, will result in their universality and particularity of human rights in the regulation of marriage in Indonesia.Universality and particularity of human rights in Law No. 1 Year 1974 on Marriage. So this study can answer the question about how the universality of human rights in Law No. 1 Year 1974 on Marriage and how the particularity of human rights in Law No. 1 Year 1974 on Marriage.


2016 ◽  
Vol 22 (4) ◽  
pp. 367-379 ◽  
Author(s):  
Régine Debrosse ◽  
Megan E. Cooper ◽  
Donald M. Taylor ◽  
Roxane de la Sablonnière ◽  
Jonathan Crush

2019 ◽  
Vol 1 (1) ◽  
pp. 31
Author(s):  
Fernando Ledesma Perez ◽  
Maria Caycho Avalos ◽  
Juana Cruz Montero ◽  
Andrea Ayala Sandoval

Citizenship is the exercise of the fundamental rights of people in spaces of participation, opinion and commitments, which can not be violated by any health condition in which the individual is. This research aims to interpret the process of construction of citizenship in hospitalized children, was developed through the qualitative approach, ethnomethodological method, synchronous design, with a sample of three students hospitalized in a health institute specializing in childhood, was used Observation technique and a semi-structured interview guide were obtained as results that hospitalized children carry out their citizenship construction in an incipient way, through the communication interaction they make with other people in the environment where they grow up.


2020 ◽  
Vol 1 (1) ◽  
pp. 132-135
Author(s):  
William J. Daniels

This personal narrative recounts the experiences of an NCOBPS founder, who discusses significant events in his life from student to faculty that motivated his professional journey, including his participation in the founding of NCOBPS. It reflects on what it meant to be a black student, and later, a black faculty member teaching at a predominantly white institution in the political science discipline in the 1960s. It also provides a glimpse into how the freedom movements shaped his fight for fundamental rights as a citizen. Finally, it gives credence to the importance of independent black organizations as agents for political protest and vehicles for economic and social justice.


2014 ◽  
Vol 155 (21) ◽  
pp. 822-827
Author(s):  
Ágnes Váradi

The question of electronic solutions in public health care has become a contemporary issue at the European Union level since the action plan of the Commission on the e-health developments of the period between 2012 and 2020 has been published. In Hungary this issue has been placed into the centre of attention after a draft on modifications of regulations in health-care has been released for public discourse, which – if accepted – would lay down the basics of an electronic heath-service system. The aim of this paper is to review the basic features of e-health solutions in Hungary and the European Union with the help of the most important pieces of legislation, documents of the European Union institutions and sources from secondary literature. When examining the definition of the basic goals and instruments of the development, differences between the European Union and national approaches can be detected. Examination of recent developmental programs and existing models seem to reveal difficulties in creating interoperability and financing such projects. Finally, the review is completed by the aspects of jurisdiction and fundamental rights. It is concluded that these issues are mandatory to delineate the legislative, economic and technological framework for the development of the e-health systems. Orv. Hetil., 2014, 155(21), 822–827.


1998 ◽  
Vol 79 (2) ◽  
pp. 188-196 ◽  
Author(s):  
Stephen French Gilson ◽  
John C. Bricout ◽  
Frank R. Baskind

Social work literature, research, and practice on disabilities has lagged behind other topical areas dealing with oppressed groups. The social work literature remains “expert focused” and generally fragmented into discussions of specific disabilities or subpopulations. A viable general model that deals with the personal experience of disability is not available. This exploratory study presents a social work literature search and analysis as well as interviews with six individuals with disabilities about their experiences with social workers. Individuals with disabilities assert that they were treated as though they had categorically fewer aspirations, abilities, and perhaps even fundamental rights than did nondisabled people. This study provides a base for follow-up research on models of consumer-focused social work practice in the area of disability.


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