Liberalism, the Only True Humanism

2021 ◽  
Author(s):  
Pascal Salin
Keyword(s):  
Property Rights ◽  
Social Inequalities ◽  
Negative Consequences ◽  
Ethical Policy ◽  
Redistribution Policy ◽  
Legal Constraint ◽  
Distribution Of Resources ◽  
The Individual ◽  
The Right ◽  
Personal Ethics

Liberalism is often criticized because it is said that it is concerned only by economic problems (and not more general human problems) and because it is in favor of selfishness. This is wrong and, in fact, liberalism is, on the contrary, the necessary consequence of a universal and valid conception of ethics. The foundation of liberalism consists in the fact that everyone must be respectful of the legitimate rights of any person (as regards, for instance, his body, his mind, and his legitimate property rights). Therefore, it implies that one ought to be respectful of another person either if this person is generous or if he is selfish (one is not obliged to be selfish, but one has the right to be selfish). Thus, liberalism is founded on the fundamental universal ethics and it is respectful of the individual conceptions of personal ethics. It is not in favor of selfishness, but in favor of individualism. This is why it must be said that liberalism is the only humanistic approach of social problems. However, many people consider that it is ethically justified to impose a redistribution policy to decrease so-called “social inequalities.” But, so doing, a state is not respectful of the legitimate property rights of those who are obliged by legal constraint to pay taxes. A voluntary distribution of resources from individuals who give part of their legitimate resources to other individuals is ethically justified. But it is not the case whenever this transfer of resources is made by using coercion. And it must be added that it has negative consequences. Those who benefit from the redistribution policy are less induced to make productive efforts. And those who have to pay the taxes are also less induced to develop their productive activities. Therefore, the production of resources is diminished by the redistribution policy and all the members of a society (for instance a country) suffer from this non-ethical policy.

Tourism as a Tool for the Fulfilment of the Rights to Rest and Leisure Enshrined in Article No. 24 of the Universal Declaration of Human Rights

2019 ◽  
Vol 76 (3-4) ◽  
pp. 180-188
Author(s):  
Bianca Nicla Romano
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Universal Declaration ◽  
Title V ◽  
Negative Consequences ◽  
Real Right ◽  
Right To Work ◽  
The Individual ◽  
The Right ◽  
Italian Constitution

Art. 24 of the 1948 Declaration of Human Rights recognises and protects the right of the individual to rest and leisure. This right has to be fully exercised without negative consequences on the right to work and the remuneration. Tourism can be considered one of the best ways of rest and leisure because it allows to enrich the personality of the individual. Even after the reform of the Title V this area is no longer covered by the Italian Constitution, the Italian legal system protects and guarantees it as a real right, so as to get to recognize its existence and the consequent compensation of the so-called “ruined holiday damage”. This kind of damage has not a patrimonial nature, but a moral one, and the Tourist-Traveler can claim for it when he has not been able to fully enjoy his holiday - the essential fulcrum of tourism - intended as an opportunity for leisure and/or rest, essential rights of the individual.

scholarly journals Simulated Legal Phenomena in the System of Principles of the Administrative Process

2021 ◽  
Vol 18 (2) ◽  
pp. 175-191
Author(s):  
D. A. Kirillov
Keyword(s):  
Russian Federation ◽  
Criminal Responsibility ◽  
Presumption Of Innocence ◽  
Legal Analysis ◽  
Negative Consequences ◽  
Administrative Process ◽  
The Russian Federation ◽  
The Individual ◽  
The Right ◽  
Principle Of Legality

With the inclusion of the category “simulation” in the Code of the Russian Federation on Administrative Offences an interest arose in studying “simulation” in the system of principles of the administrative process. The purpose of the study is to formulate general recommendations for neutralizing the negative consequences of manifestations of feign in the system of principles of the administrative process. The methodological basis of the research is materialistic dialectics and elements of conceptual analysis. The methods of analogy and generalization allow us to justify the use of the construction of “simulated legal phenomenon” for the study of the principles of the administrative process. The survey revealed obstacles to the implementation of certain aspects of the presumption of innocence. The comparative legal analysis allows us to establish the comparability of the volumes of state repression in the measures of administrative and criminal responsibility, a clearly negative assessment of simulation in administrative law compared to its neutral assessment in civil law, to identify a number of obstacles to the functioning of the principles of the administrative process. Other standard research methods are also used. The expediency of analyzing the simulation of the system of principles of the administrative process is justified; a simplified model of the system of principles of the administrative process is used for the analysis; from the standpoint of assessing legal simulation, the analysis of the principle of legality, the principle of procedural equality, the principle of guilt, the principle of presumption of innocence, as well as the principle of respect for the honor and dignity of the individual was carried out. In order to reduce the level of obvious simulation in the system of principles of the administrative process, in particular, it is recommended: in the doctrine of the administrative process to consider the principle of legality not as a reality, but as a goal; in the laws, replace the term “legality” with the term “lawfulness”; in the laws, the wording “the principle of equality before the law” and the like should be replaced with “the principle of equality of rights”; part 1 of Article 1.5 of the Code of the Russian Federation on Administrative Offences should be amended as follows: “a person is subject to administrative responsibility only for those socially harmful actions (acts of inaction) in respect of which his guilt is established”; part 3 of Article 1.5 of the Code of the Russian Federation on Administrative Offences after the words: “...is not obliged to prove his innocence” should be supplemented with the words “but has the right to disagree with all or part of the arguments confirming his guilt, or to refute them”. It is also recommended to amend the legislation in order to unify the approach to the differentiation of administrative offenses and crimes.

scholarly journals Społeczeństwo i kultura jako definicyjny kontekst badań nad wpływem technologii na ponowoczesnego człowieka

2021 ◽  
Vol 65 (1) ◽  
pp. 197-211
Author(s):  
Paweł Piotr Nowak ◽  
Keyword(s):  
Social Relations ◽  
Service Sector ◽  
Social Inequalities ◽  
New Technology ◽  
Digital Transformation ◽  
Negative Consequences ◽  
Philosophy Of Dialogue ◽  
Definition Of ◽  
The Individual ◽  
The Impact

Based on an analysis of selected definitions of the terms used for society and culture, the author creates the sociological theoretical framework for the article. In conjunction with the characterized phenomenon of digital transformation, extensive and far-reaching conclusions are formulated on the impact of new technology for postmodernity. In relation to the scientific achievements of Buber and Tischner, the author deeply analyzes the assumptions of philosophy of dialogue. This allows the observation of a wide dimension in the relationship between the relational nature of social relations, the condition of the individual, the durability of the systems humans create, the technocratic direction of civilizational development and the consumerist attitude to reality in contemporary society of the 21st century. The author describes technological worship and presents the negative consequences of digital transformation processes. On the example of the service sector, the transition is presented as symbolic culture based on the relations and dialogue with technical and functional culture. The research method used in the article is a review of the scientific literature. In the study, the author set the goal of determining the impact of digital transformation on humans in the context of the definition of culture and society. As a result of the research, the author states that technological insight (i.e. looking at technology as a way of resolving all contemporary problems) has the danger of successively weakening man, and could lead to a deepening of social inequalities. The author also emphasizes the need to deepen research on the consequences of the digital transformation on society and culture and to develop models that can reduce the negative consequences of the change process.

The Suspect’s Right to Silence in Viet Nam

2016 ◽  
Vol 17 (1) ◽  
pp. 54-69
Author(s):  
Tien Dung Lam
Keyword(s):  
Judicial Reform ◽  
Viet Nam ◽  
Negative Consequences ◽  
Police Custody ◽  
Right To Silence ◽  
Criminal Suspects ◽  
Constitutional Right ◽  
Legal Constraints ◽  
The Individual ◽  
The Right

Viet Nam is attempting to develop a judicial reform strategy to uphold the rule of law and to protect the rights and interests of its people. However, the protection of the rights for criminal suspects in Viet Nam is still limited. In practice, there are still many legal constraints that limit the protection of a suspect’s rights in police custody. First, torture and other forms of ill treatment exist in the investigative phase and the court often condones these practices, regardless of whether the person charged has the constitutional right to both presumption of innocence and freedom from torture and other forms of ill-treatment. Second, the rules on police questioning of suspects and the taking of statements are vague and not respected carefully in reality. The absence of respect for these rights has several negative consequences for the suspect as it opens the way for torture and other forms of inhuman treatment to be used to extort confessions. So far, however, there has been little discussion about the right to silence for suspects in Viet Nam. Most studies on the rights of suspects have only been carried out in a small number of areas and limited to analysing the legal regulations protecting the general rights of the accused. No reliable study has been conducted on whether Viet Nam should guarantee the right to silence. Therefore, this article will explore the requirements needed to guarantee the right of the individual to protect himself or herself from self-incrimination in Viet Nam.

scholarly journals Determining the responsibilities of inheritors

2021 ◽  
pp. 30-34
Author(s):  
A.V. Goncharova
Keyword(s):  
Property Rights ◽  
Legal Status ◽  
Time Of Death ◽  
The Will ◽  
The Subject ◽  
The Individual ◽  
The Right ◽  
Subjective Rights

Like subjective rights, responsibilities are part of the legal status of the individual. In the theory of state and law, duty is understood as a measure of proper conduct established by law. The peculiarity of the responsibilities of the heir is that at the time of acceptance of the inheritance, the heir passes not only the asset but also the liability. The heir who inherited the heir is liable for the debts of the testator. The exercise of the right to inherit primarily consists in the fact that the heir has the right to accept the inheritance or to refuse it. At the same time, it is not allowed to accept an inheritance with a condition or with any reservation. At the heart of the realization of the right to inherit - the will of the heir. The heir decides to accept the inheritance, to refuse it or not to accept the inheritance, based on their own interests. The freedom to renounce the inheritance is also manifested in the choice of the method of renunciation: either in favor of a particular heir, or without specifying such. At the time of death, the testator ceases to be the subject of any relationship, loses subjective rights and obligations. In turn, the heirs acquire property rights and subjective rights and obligations only with the passage of time. It is not possible to inherit only rights without fulfilling the obligations arising from the acceptance of the inheritance. It is also not possible to transfer the performance of one's duties to another person in order to be able to exercise one's inheritance right. To the heirs pass not only the rights of the testator, but also his responsibilities (translational succession), even if they were not specified in the will, because the inheritance is a universal succession. In universal succession, the whole set of rights and responsibilities of the testator's predecessor passes to the heir, except those that are closely related to the testator's personality. In this case, all components of this set belonging to the testator are transferred to a single act.

scholarly journals Federalism, Chinese Style: The Political Basis for Economic Success in China

2017 ◽  
Author(s):  
Yingyi Qian
Keyword(s):  
Property Rights ◽  
High Performance ◽  
Central Government ◽  
Political Reform ◽  
Conventional Wisdom ◽  
Reform Process ◽  
Political Foundations ◽  
Definition Of ◽  
The Individual ◽  
The Right

The purpose of this paper is to provide an explanation of China’s high performance despite several factors that would indicate otherwise according to conventional wisdom. The authors argue that conventional wisdom is problematic in regards to China. First, it provides too narrow a definition of political reform. Second, although it asks the right question about political discretion, the inappropriate definition of political reform leads it to the wrong conclusion. Third, though much is wrong with the system of property rights in China, looking for a system of such rights as exists in the West has confused many analysts. Rights are not as secure in China as they could be, and the absence of a law of property and contracts along with a judicial system to enforce it remains a significant lacuna in the reform process. And yet, property rights are not completely insecure and without political foundations. Indeed, political reform in China has provided considerable limits on the discretion of the central government. These limits, in turn, provide the beginnings of a strong and credible political foundation for many market-oriented enterprises throughout the successful regions of China. China has a new political system that we characterize as federalism, Chinese style. This system, in turn, provides considerable political protection for China’s reforms, including limits on the central government. Viewed from the perspective of the individual, this system differs considerably from federalisms in the developed West.

scholarly journals Perbuatan Melawan Hukum Menguasai Tanah Hak Milik Orang Lain (Studi Putusan Mahkamah Agung Nomor 3302 K/Pdt/2018)

2021 ◽  
Vol 20 (2) ◽  
pp. 159-178
Author(s):  
M. Faisal Rahendra Lubis
Keyword(s):  
Adverse Effect ◽  
Property Rights ◽  
Causal Relationship ◽  
The Law ◽  
The Individual ◽  
The Right ◽  
Legal Consequences

Unlawful deed are an adverse effect to the rights of other people created by the law. This indicates that unlawful deed of disobedience based on consent and legal actions resulting from man’s own actions. Studies suggest that an act is unlawful when it adds to the several elements of an act, it must unlawful deed, it must inflict harm, it is wrong, and between the act and the harm inflicted there must be a causal relationship. Unlawful deed in this case by violating the ordinance in article 1335 dan article 1337 KUHPerdata, that is a forbidden cause and the existence of covenant matters or materials in violation of the law make it subject to article 1365 KUHPerdata. It was concluded that elements of unlawful deed constituted unlawful deed performed by the individual and those works were contrary to the right of another person to possession of property that didn’t belong to him. As a result when a man takes possession of the land of another’s property, the owner of the land of another’s property is required to vacate and return the land of property rights to its owner. All forms of deeds are categorized unlawful deed when they are unlawful deed, and when an individual has done wrong at the expense of the rights of another.Keywords: Unlawful Deeds, Legal Consequences, Land Of Proferty

scholarly journals Easement as a burden for the owner`s property

Legal Ukraine ◽  
2020 ◽  
pp. 28-34
Author(s):  
Oleh Ilkiv
Keyword(s):  
Property Rights ◽  
Civil Law ◽  
Legal Aspects ◽  
Property Right ◽  
Public Interests ◽  
Private And Public ◽  
Legal Forms ◽  
The Individual ◽  
The Right ◽  
Market Relations

The article analyzes the features of such a legal category as easement, namely the concept, content and characteristics of easement as a way of exercising property rights in terms of civil law of Ukraine and formulates proposals for improving the civil law regulation of easement. Emphasis is placed on the study of not only theoretical problems but also issues of a practical nature. The signs of servitude rights, the grounds for private and public interests are investigated. The legal aspects of the servitude are clarified, as well as the individual-normative character is monitored. Positions on concretization of the ratio of the terms «encumbrance» and «restriction» of property rights through the prism of the provisions of easement rights are substantiated. The author clearly concludes that the property right in the form of an easement gives the owner the opportunity to effectively use their property, and also provides the right to satisfy the intangible interests of others whose property right to another’s property is not related to property rights. In the conditions of development and domination of market relations in the society the question of creation of such legal forms which would provide a possibility of a certain participation of one person in the property right of another irrespective of simple personal consent of the last becomes actual. Due to the involvement of land in the civil turnover, the system of easements is a rather complex legal phenomenon. Scientific and theoretical analysis of the construction of easements, methods of their acquisition, the practice of application of relevant legislation indicates the relevance of this institution of property law, especially in the development of land and agrarian reform, the development of legislation on property rights to real estate. Key words: easement, ownership, property rights, limits and restrictions.

scholarly journals Adjudicative Refutation of Dubious Information Spread in Social Media

2019 ◽  
pp. 158-169
Author(s):  
Roksolana LEMYK
Keyword(s):  
Social Media ◽  
Property Rights ◽  
Legal Proceedings ◽  
Judicial Practice ◽  
Information Spread ◽  
Standard Information ◽  
The Law ◽  
The Individual ◽  
The Right ◽  
Personal Welfare

The following article is a comprehensive rebuttal of dubious information spread throughout the social media, based on scientific materials in judicial practice. It includes the development of theoretical principles as well as practical application of the law in protection of human dignity in civil legal proceedings. The author provides an analysis of standard information, scientific literature and judicial practice as to the steps in the rebuttal in civil legal procedures of dubious information spread throughout social media and provides resolutions and proposals regarding the legal applications in protection of the honour and dignity of persons who intend to dispute such information. The article deals with the judicial components of the offence i.e. spreading of information to at least one person by any means; spreading information which refers to an individual or a legal entity i.e. a plaintiff; spreading dubious information i.e. that is information that does not correspond to the facts; spreading information that violates persona l non-property rights i.e. causes harm to personal welfare or prevents a person from realizing his personal non-property rights completely and timely. The author elaborates on each of these elements to the degree that their sum satisfies the demands of the claim. The form of protection of personal non-property rights, particularly those of dignity and honour, the right to the inviolability of a business reputation, is the choice of the plaintiff. In addition, the plaintiff may choose a general as well as a specific form of protection of his rights set out by the law that regulates specific legal relations. The author considers separately the problem of selecting a respondent (co-respondent) in specific cases (difficult in the selection of an appropriate respondent), where a most defenceless situation is created: without the establishment of appropriate respondents it is impossible both to contest the authenticity of the information which violates the honour and dignity of the individual and to provide compensation for the moral harm.

scholarly journals The New Challenges for Medical Ethics

2020 ◽  
Author(s):  
Liliana Lorettu ◽  
Jocelyn Aubut ◽  
Rosagemma Ciliberti
Keyword(s):  
Ethical Problem ◽  
Hippocratic Oath ◽  
Ethical Challenges ◽  
Appropriateness Criteria ◽  
Life And Death ◽  
Individual Doctor ◽  
Distribution Of Resources ◽  
New Challenges ◽  
The Individual ◽  
Personal Ethics

The evolution of medicine confronts healthcare professionals with new ethical challenges. Elements such as professional secrecy, patient benefit, justice in the distribution of resources are put in crisis by the evolution of medical procedures. Today, doctors must make life-and-death decisions about many patients. As the resources are not enough for all patients, the ‘first-come, first-served’ criterion crumbles under the weight of the overwhelming demand for treatment. Consequently, they can no longer make treatment decisions based only on proportionality and clinical appropriateness criteria. They must take into account the availability of resources and prioritise patients with ‘the longer life expectancy’. This amounts to saying ‘the weakest will die’ … with the doctors’ consent. While the guidelines issued by scientific societies may well protect doctors from lawsuits, the choice of who to treat and who to let die is left to the conscience of the individual doctor; and it is a choice sharply clashing with the Hippocratic oath and with professional and personal ethics. This and others are a real ethical problem.

Sign in / Sign up

Export Citation Format

Share Document