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1
Bespalov, Andrei. "Religious Faith and the Fallibility of Public Reasons". Oxford Journal of Law and Religion 8, n. 2 (1 giugno 2019): 223–46. http://dx.doi.org/10.1093/ojlr/rwz014.
Abstract (sommario):
Abstract Rawlsian liberals define legitimacy in terms of the public justification principle (PJP): the exercise of political power is legitimate only if it is justified on the grounds of reasons that all may reasonably be expected to accept. Does PJP exclude religious reasons from public justification of legal provisions? I argue that the requirement of ‘reasonable acceptability’ is not clear enough to answer this question. Furthermore, it fails to address the problematic fact that justification on the grounds of religious faith involves non-negotiable claims, which is incompatible with respect for fellow citizens as co-legislators. Accordingly, I reformulate PJP in fallibilistic terms: the exercise of political power is legitimate only if it is justified on the grounds of reasons that can be subject to reasonable criticism. I show that reasons based on religious faith do not meet this principle, just like any other reasons that involve claims about final values.
2
Veatch, Robert M. "Which Grounds for Overriding Autonomy Are Legitimate?" Hastings Center Report 26, n. 6 (novembre 1996): 42. http://dx.doi.org/10.2307/3528762.
3
Hassoun, N. "Global Justice: What is Necessary to Legitimate Coercion". Journal of Moral Philosophy 16, n. 5 (25 ottobre 2019): 563–89. http://dx.doi.org/10.1163/17455243-20182701.
Abstract (sommario):
There is little agreement about what grounds obligations of distributive justice. This paper defends cosmopolitan coercion theory against recent criticism that coercive rule is not even sufficient to generate obligations of distributive justice. On one of the most sustained arguments against the idea that coercion is sufficient to generate obligations of distributive justice, critics object that coercion, and other nonvoluntary relationships, cannot fix the scope, or content, of these obligations. At best, critics argue, nonvoluntary relationships can ground obligations of charity or humanity. This paper argues that this Scope/Content Critique fails, in part, because it does not recognize the motivation for coercion theories. Moreover, despite assertions to the contrary, the Scope/Content Critique assumes coercion must suffice to ground obligations of distributive justice. Nonvoluntarists can hold there are many things, in addition to nonvoluntary relations, that can ground them.
4
Lee Jr., Richard A. "The Glorious Excess of Peace in Marsilius of Padua's Defensor Pacis". Theoria 66, n. 159 (1 luglio 2019): 23–51. http://dx.doi.org/10.3167/th.2019.6615903.
Abstract (sommario):
In Defensor Pacis Marsilius of Padua grounds the legitimacy of the kingdom, or the state (civitas), on the peace that rule provides the citizens. Looking at Aristotle’s claim that the civitas strives to be like an animal in which all parts in the right proportion for the sake of health, Marsilius argues that ‘the parts of the kingdom or state will be well disposed for the sake of peace [tranquilitas].’ Marsilius goes on to define peace as the agreeable ‘belonging together’ of all members of the kingdom or the state. In this way, Marsilius moves away from a theological ground of the legitimacy of the state towards one that is entirely secular. However, the ground is an unstable one in that it acknowledges the fact that the ‘members’ of the body politic are characterised by difference. As such, the ground of legitimate authority will be characterised as much by force as by peace or by the relation of force to peace.
5
Dolenc, Dubravka. "Legitimate interest as legal grounds for processing personal data". Bankarstvo 49, n. 3 (2020): 145–70. http://dx.doi.org/10.5937/bankarstvo2003145d.
Abstract (sommario):
The article elaborates the legal basis for data processing provided in Article 12, item 6 of the Law on Personal Data Protection, Official Gazette of the Republic of Serbia no. 87 as of 13 November 2018. The article deals with the comparative advantages of implementing this legal basis in relation to others and provides a practical overview in terms of legitimate interest as an equivalent legal basis to other legal bases of data processing. Examples of good practice of the British Supervisory Authority for Personal Data Protection, as well as the practice of the Agency for Personal Data Protection - the Croatian supervisory authority for data protection - are presented, as well as a significant part of the exceedingly relevant Opinion no. 06/2014 of the Working Party referred to in Article 29 of the cited Directive 95/46 (now the European Data Protection Board). Special attention is given to the so-called LIA, a legitimate interest assessment document and a test of the balance between legitimate interest and the rights and freedoms of individuals, with regard to the processing of personal data. Finally, the article presents the safeguards that must be provided to individuals whose personal data are processed - as well as the need for transparency - in terms of informing individuals of the existence of a legitimate interest, as well as all other necessary information that must be provided to ensure the fair and lawful processing of personal data.
6
Duke, George. "Strong popular sovereignty and constitutional legitimacy". European Journal of Political Theory 19, n. 3 (26 aprile 2017): 354–74. http://dx.doi.org/10.1177/1474885117701602.
Abstract (sommario):
Recent critiques of attempts to ground constitutional legitimacy in the constituent power of a strong popular sovereign have tended to focus upon the tension between strong popular sovereignty and central assumptions of liberal constitutionalism. Foremost among these assumptions are the need to reconcile disagreement regarding controversial matters of common concern and the value of the rule of law. The weakness of such critiques, however, is that they presuppose a commitment to liberal principles and values that an advocate of strong popular sovereignty need not share. In this paper, I argue that recourse to liberal assumptions is unnecessary in order to demonstrate the inability of a theory of strong popular sovereignty to issue in a viable account of constitutional legitimacy. Theories of constitutional legitimacy grounded in strong popular sovereignty and constituent power, I contend, simply lack the basic resources for an adequate theory of constitutional legitimacy because they do not offer normative grounds for an assessment of whether any particular constitution is or is not legitimate. The paper is structured in three sections. Section 1 demonstrates that Carl Schmitt’s theory of constitutional legitimacy – which remains the primary source of contemporary appeals to strong popular sovereignty and constituent power – sustains a normative interpretation. Section 2 then develops a minimal constraint on an adequate normative theory of constitutional legitimacy. Finally, in Section 3, I demonstrate why a normative account of constitutional legitimacy based on strong popular sovereignty and constituent power is, at least without supplementation from normative concepts derived from a weaker conception of popular sovereignty, unable to meet this constraint.
7
Poort, Tineke. "Male Captus, Bene Judicatus: disguised extradition and other practices." Leiden Journal of International Law 1, n. 1 (maggio 1988): 65–77. http://dx.doi.org/10.1017/s0922156500000686.
Abstract (sommario):
On the basis of four ‘irregular’ extradition cases, the author demonstrates that states sometimes violate generally accepted rules of extradition law. Legitimate grounds for the refusal of, as well as procedural impediments to extradition are evaded -for instance by simply kidnapping the individual involved. Also, the so-called ‘disguised extradition’ is used by states, when expelling a person in stead of extraditing him, but in fact accomplishing the same result. Despite such apparent failures in the procedure of obtaining an individual (‘male captus’), states maintain that the individuals can nevertheless be legitimately tried (‘bene judicatus’). According to the author, these practices are incompatible with certain general principles of international law.
8
Miller, Anthony Michael. "A Libertarian Anarchist Analysis of Norman Geisler’s Philosophy of Government". Religions 15, n. 1 (22 dicembre 2023): 23. http://dx.doi.org/10.3390/rel15010023.
Abstract (sommario):
There are numerous approaches and conclusions regarding church and state relations and how Christianity affects public policy. Yet the purpose of this study is to question some of the philosophical assumptions and biblical interpretations that Christians hold to which support the state as a morally legitimate authoritative institution in the first place. This article will argue that various presuppositions regarding the state’s moral legitimacy are untenable, if not self-refuting. The philosophical commitments of a form of Christian Conservatism exemplified by Norman L. Geisler will be analyzed and critiqued by the Christian Libertarian Anarchist school of thought, represented by Gerard Casey. Geisler’s views on first principles, God’s moral law, social contracts, consent, anarchy, the distinction between vices and crimes, preconditions for virtue, and the common good will be examined. Then, Geisler’s interpretation of classic biblical texts supporting the alleged moral legitimacy of the state will also be assessed. This article will contend that if one were to consistently apply some pertinent principles found in Geisler’s prolegomena to theology when reasoning from natural revelation and the relevant biblical data, one will find that the conclusions are more compatible with the political theology of Christian libertarian anarchism. Hence the one who questions how Christianity affects public policy should take into consideration the reasons to deny that divine revelation affirms the state as a morally legitimate authoritative institution. If this is the case, the question ought to be reframed to determine how Christianity affects public policy within a state that has no legitimate moral grounds for authority.
9
Kaczor, Christopher. "A Defense of Conscientious Objection in Health Care". Proceedings of the American Catholic Philosophical Association 92 (2018): 41–58. http://dx.doi.org/10.5840/acpaproc202071499.
Abstract (sommario):
In this essay, I defend rights of conscientious objection against various objections raised on deontological grounds of rights and entitlements as well as on consequentialist, utilitarian grounds. Udo Schuklenk and Ricardo Smalling in their article, “Why Medical Professionals Have No Moral Claim to Conscientious Objection Accommodation in Liberal Democracies” raise various objections, including the Objection from the Rights of Patients, the Objection from Monopoly, the Objection from Religion, the Objection from Untestability, and the Objection from Inconsistency. This article also responds to the concern about “unconstrained conscientious objection.” It suggests that we can distinguish legitimate from illegitimate conscientious objection in part by means of distinguishing objection to particular kinds of procedures from objection to treating particular kinds of persons. Perhaps the most promising way of differentiating legitimate from illegitimate conscientious objection in healthcare is by means of the goal of the medical art understood as the promotion of health.
10
Evans, Malcolm D. "Lautsi v. Italy: An Initial Appraisal". Religion & Human Rights 6, n. 3 (10 marzo 2011): 237–44. http://dx.doi.org/10.1163/187103211x599391.
Abstract (sommario):
The Grand Chamber Decision in Lautsi accords the State a considerable margin of appreciation to legitimate the display of religious symbols in classrooms on grounds of tradition. In doing so, however, it opens up new questions concerning the scope of state neutrality which remain to be resolved.
11
WATTS, BETH, SUZANNE FITZPATRICK e SARAH JOHNSEN. "Controlling Homeless People? Power, Interventionism and Legitimacy". Journal of Social Policy 47, n. 2 (29 maggio 2017): 235–52. http://dx.doi.org/10.1017/s0047279417000289.
Abstract (sommario):
AbstractThere is intense debate over the legitimacy of interventions which seek behavioural change on the part of street homeless people. ‘Hard’ measures, such as arresting people for begging, are particularly controversial, but ‘softer’ interventions such as motivational interviewing have also prompted objections on grounds that they are paternalistic. At the same time, the ‘non-interventionist’ stance of some service providers has been accused of perpetuating harmful street lifestyles. Inspired by Ruth Grant's philosophically informed interrogation of the ethics of incentives, we propose a normative framework for application in this field. Via systematic exploration of Grant's three ‘legitimacy standards’ (legitimate purpose, voluntary response, effects on character), and an additional outcome-focussed fourth (effectiveness, proportionality and balance), we attempt to unsettle any intuitive assumption that non-interventionist approaches are necessarily more morally defensible than interventionist ones. We also, however, explicate the high ethical and empirical bar required to justify social control measures.
12
Ispolinov, Aleхey S. "The Anatomy of the Crisis: Problems of the Normative Legitimacy of the International Criminal Court". Zakon 21, n. 2 (febbraio 2024): 124–32. http://dx.doi.org/10.37239/0869-4400-2024-21-2-124-132.
Abstract (sommario):
The article examines the issues of the normative legitimacy of the International Criminal Court, which is understood as the conformity of the creation and operation of the court with the norms and principles of international law, as well as with the conditions of consent of States regarding the status of this court, competence and jurisdiction formulated in the Rome Statute as the founding document of the court. The current practice of the ICC and the Prosecutor of the Court in some fundamental issues has clearly departed from the conditions for the exercise of their jurisdiction enshrined in the Rome Statute, which calls into question the normative legitimacy of such actions of the Court and the Prosecutor. States, after two decades of the Court’s activity, have clearly not received the court they expected, developing and agreeing on the provisions of the Rome Statute, which may give States sufficient grounds to stop considering this court as a legitimate source of judicial power
13
Berg, Eiki, e Mihkel Solvak. "Muted differences: Entrenching legitimacy of the Bosnian statehood?" Cooperation and Conflict 46, n. 4 (dicembre 2011): 460–81. http://dx.doi.org/10.1177/0010836711422465.
Abstract (sommario):
The UNDP report The Silent Majority Speaks (2007) demonstrates widespread consent and a popular desire for change while promoting a single state with strong regions as a compromise model for Bosnia and Herzegovina (BiH). Surprisingly, our own research (2009) on political legitimacy reveals quite the opposite tendencies, where political entities such as the Federation of Bosnia and Herzegovina (FBiH) and the Republika Srpska (RS) more often drift apart than merge together. What strikes us is the fact that the FBiH, which advocates a more integrated state, does not necessarily have more legitimate grounds for achieving that goal than the secessionist counterclaim of RS in its own right. The two entities remain worlds apart on a range of issues and agree only on rather abstract principles of an ideal political order.
14
ANUCHINA, OLGA. "GROUNDS AND CONDITIONS FOR THE CONTINUATION OF CRIMINAL PROCEEDINGS IN THE EVENT OF THE DEATH OF A SUSPECT (ACCUSED)". Sociopolitical sciences 10, n. 2 (30 aprile 2020): 88–94. http://dx.doi.org/10.33693/2223-0092-2020-10-2-88-94.
Abstract (sommario):
The death of a suspect (accused) is considered in the article not only as the basis for terminating the criminal case, but also as the factual basis for the continuation of the proceedings for rehabilitation. The necessity of protecting not only the rights and legitimate interests of the deceased as a subject of legal reality, but also the legitimate interests of the close relatives of the deceased, his heirs, in their absence - the defender, as well as accomplices of the crime, is determined. At the same time, we are talking about circumstances and conditions under which the criminal proceedings should be continued in order to rehabilitate the deceased suspect (accused).
15
Kosilova, O. "RESTRICTIONS OF THE POLITICAL RIGHTS AND FREEDOMS: REGULATORY GROUNDS, MECHANISM OF IMPLEMENTATION". Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, n. 114 (2020): 18–24. http://dx.doi.org/10.17721/1728-2195/2020/3.114-5.
Abstract (sommario):
The article examines the problem of restriction of political rights and freedoms. It is emphasized that the protection against unlawful restrictions on political rights and freedoms is particularly important for the functioning of direct and mediatory democracy. The meaning of the concept of «restriction of rights and freedoms» is analyzed. The article addresses the basic principles which should not be violated when the restriction of rights and freedoms is applied. To achieve this goal, the author analyzes the rules of domestic law, the practice of the Constitutional Court of Ukraine, the rules of international law governing these issues. The author differentiates political rights and freedoms into those that may be restricted in accordance with the provisions of the Basic Law of Ukraine and those that are not subject to any restrictions; features of realization of political rights and freedoms in comparison with other groups of rights, such as social and economic, cultural are defined. Some of the political rights and freedoms that may be restricted are analyzed and ways to restrict them are identified, in particular: the right to join political parties, suffrage, the right to peaceful assembly, rallies, marches and demonstrations, the right to equal access to public service, freedom words, thoughts, views and beliefs. It is noted that from the standpoint of the ECHR it is important to check whether the possibility of restricting the exercise of the right was provided by law; whether the purpose of such a restriction is legitimate; whether such a restriction is necessary in a democratic society. The legitimate grounds for restricting human rights enshrined in the Constitution of Ukraine have been identified: public health; social necessity; rights, freedoms and dignity of citizens; public order; economic well-being; national security; territorial integrity; morality of the population. It is emphasized that in accordance with the practice of the Constitutional Court of Ukraine, the restriction of the content and scope of rights and freedoms should be considered as a restriction. It is important that all restrictions were established exclusively by the constitution; were not arbitrary and unjust; the law restricting human rights must be of a general nature; restrictions must be proportionate and justified; they must optimally achieve a legitimate goal with minimal interference in the exercise of rights or freedoms, not to violate the essential content of the relevant right. It is determined that special qualification requirements for holding public positions, as well as participation in the electoral process (implementation of active and passive suffrage) cannot be considered restrictions. It is emphasized that the state, represented by its organs, should refrain from unjustified interference with political rights (for example, from discriminatory restrictions on the suspension of political rights of prisoners, violation of electoral secrecy of the ballot); take measures against possible violations of political rights by third parties (individuals, companies, etc.). It is concluded that restrictions on the exercise of political rights of individuals can be introduced either in favor of guaranteeing the rights of other individuals, or in favor of ensuring the functioning of the state. The legitimate exercise of political rights can be restricted only if the general conditions for interfering with fundamental human rights are met.
16
Szewczyk, Helena. "GROUNDS (CRITERIA) OF DISCRIMINATION IN THE LIGHT OF THE AMENDMENT TO THE LABOUR CODE OF 16 MAY 2019 IN THE CONTEXT OF INTERNATIONAL AND EU LAW". Roczniki Administracji i Prawa specjalny II, n. XXI (30 dicembre 2021): 247–63. http://dx.doi.org/10.5604/01.3001.0015.6388.
Abstract (sommario):
On 7 September 2019, another amendment to the Labour Code entered into force, which introduced, among other things, an open catalogue of the grounds (criteria) of discrimination. De lege lata enumeration of the grounds of discrimination in the Labour Code is illustrative regardless of whether such criteria pertain to personal characteristics of an employee, an employee’s life choices unrelated to their job, job performed by an employee or a legal status of an employer, etc. It means that any unequal treatment of employees not justified by objective reasons is now regarded as discrimination in employment. However, the new grounds (criteria) of discrimination should be actual, specific and socially relevant. Employees’ claims in this respect should be based on a legitimate (well-balanced and objective) reason and make it objectively plausible. As a consequence, employees will be able to claim compensation under Article 183d of the Labour Code from the employer on various grounds of discrimination, and not only those referred to and specified in the Labour Code.
17
Tatyanina, L. G., e S. Kh Mukhametgalieva. "APPLICATION OF PREVENTIVE MEASURES AGAINST A MINOR SUSPECT OR ACCUSED DURING THE PRELIMINARY INVESTIGATION". Bulletin of Udmurt University. Series Economics and Law 30, n. 6 (28 dicembre 2020): 869–74. http://dx.doi.org/10.35634/2412-9593-2020-30-6-869-874.
Abstract (sommario):
The article considers the grounds and conditions for making a decision on applying a preventive measure against a minor, and defines the grounds for choosing a specific preventive measure. The problems that arise in connection with the need to apply a preventive measure against a minor are highlighted. Conclusions are formulated on the settlement of problems that arise when solving questions about the application of a preventive measure against a minor suspect or accused, and the optimal solution is proposed. It is indicated that it is unacceptable to apply preventive measures in certain cases against juvenile suspects and accused persons in connection with the need to protect their rights and legitimate interests. The grounds and conditions for applying certain preventive measures against juvenile suspects accused during the preliminary investigation are determined, and the expediency of refusing to apply them is justified.
18
Parvanova, Eva. "Reforming the United Nations Security Council: cross-country analysis of a G-4 potential permanent membership". Journal of the Bulgarian Geographical Society 49 (28 novembre 2023): 69–77. http://dx.doi.org/10.3897/jbgs.e109546.
Abstract (sommario):
The paper uses methods of historical and comparative analysis and studies the functioning of United Nations Security Council (UNSC) since its establishment. It finds out, that the debate on the institutional performance is characterized by a consensus, i.e. the lack of reforms has led to the lack of its effectiveness. Nowadays, such a finding is even more evident, the aggressive war that one of the permanent members, Russia started against Ukraine, added new arguments of the same logic. The paper draws on secondary data to explore the weaknesses of the UNSC with a particular emphasis on the negative impact of the veto right. It highlights the limits of the UNSC and the attempts of state coalitions to overcome them. It elaborates on criteria for legitimate right to accede to UNSC permanent membership and justifies the relevance of four of them on the grounds of their current appropriateness. Further on, the paper introduces outcomes of a cross-country analysis of a G-4 (Germany, Japan, Brazil and India), the most influential state coalition for UNSC reform. The results of the comparison illustrate legitimate potential of states to become permanent members of the UNSC. The discussion includes policy recommendations for UNSC reforms: adopting criteria for legitimacy of permanent UNSC membership; change in the structure of the permanent UNSC membership; abolition of the veto right and introducing the method of qualified majority voting.
19
Peter, Fabienne. "Pure Epistemic Proceduralism". Episteme 5, n. 1 (febbraio 2008): 33–55. http://dx.doi.org/10.3366/e1742360008000221.
Abstract (sommario):
ABSTRACTIn this paper I defend a pure proceduralist conception of legitimacy that applies to epistemic democracy. This conception, which I call pure epistemic proceduralism, does not depend on procedure-independent standards for good outcomes and relies on a proceduralist epistemology. It identifies a democratic decision as legitimate if it is the outcome of a process that satisfies certain conditions of political and epistemic fairness. My argument starts with a rejection of instrumentalism–the view that political equality is only instrumentally valuable. I reject instrumentalism on two grounds: (i) because it fails to respect reasonable value pluralism and to recognize the constitutive role of democratic procedures for legitimacy in pluralist societies, and (ii) because it neglects the constructive function of democratic decision-making. I then consider two alternatives to pure epistemic proceduralism: David Estlund's version of epistemic proceduralism and a Deweyan account of epistemic democracy. I argue that only pure epistemic proceduralism can make good on both shortcomings of instrumentalism, whereas each of the other two approaches only makes good on one and neglects the other.
20
Bopp, James, e Richard E. Coleson. "Webster, Vagueness and the First Amendment". American Journal of Law & Medicine 15, n. 2-3 (1989): 217–22. http://dx.doi.org/10.1017/s009885880001220x.
Abstract (sommario):
The State of Missouri forbids the expenditure of public funds “for the purpose of encouraging or counseling a woman to have an abortion not necessary to save her life.” This provision is part of a comprehensive scheme adopted by Missouri to advance its legitimate state interest in preferring childbirth over abortion by ensuring that state funds, facilities and personnel are not used to promote abortion.This provision was invalidated by the United States Court of Appeals for the Eighth Circuit on the grounds that the language “encourage or counsel” was “void for vagueness and violative of the right to privacy.” The district court had found that in addition to these two grounds, the provision violated the first amendment.
21
Balchugov, Aleksey. "The Protection of Rights and Legitimate Interests of Victims in Criminal Proceedings Against Judges of the Constitutional Court of the Russian Federation". Siberian Criminal Process and Criminalistic Readings, n. 2 (36) (4 luglio 2022): 60–67. http://dx.doi.org/10.17150/2411-6122.2022.2.60-67.
Abstract (sommario):
The article examines some aspects of the protection of rights and legitimate interests of victims in criminal proceedings against judges of the Constitutional Court of the Russian Federation, analyzes the historical aspects of the emergence of the institution of constitutional control in modern Russia, examines the regulatory framework for the activity of judges of the Constitutional Court of the Russian Federation, examines the status of judges of the Constitutional Court of the Russian Federation, considers the criminal procedural grounds for proceedings on criminal cases against judges of the Constitutional Court of the Russian Federation. The author proposes some measures aimed at revising the current complicated criminal proceedings in relation to these categories of persons in order to improve the protection of the rights and legitimate interests of victims in such criminal cases.
22
FAIST, Thomas. "IMMIGRATION INTO EUROPEAN WELFARE STATES: HOW CONFLICTS AND INEQUALITIES ARE (RE)PRODUCED". Monitoring of public opinion economic&social changes, n. 5 (10 novembre 2018): 0. http://dx.doi.org/10.14515/monitoring.2018.5.13.
Abstract (sommario):
Market liberalization in the EU serves as a basis for class distinctions among migrants, while restrictive immigration policies help in constructing certain immigrant culture(s) as a threat to homogeneity and welfare state solidarity Over the past few decades, the grounds for the legitimization of inequalities have shifted. Ascriptive traits (heterogeneities) have been complemented by the alleged cultural dispositions of immigrants and the conviction that immigrants as individuals are responsible for their own fate. Such categorizations start by distinguishing legitimate refugees from non-legitimate forced migrants. Another important issue is the alleged illiberal predispositions of migrants and their unadaptability to modernity. Politics and policies seem to reward specific types of migrants and refugees, exclude the lowand non-performers in the market, and reward those who espouse liberal attitudes. In brief, it is a process of categorizing migrants into useful or dispensable.
23
Van Eeden, E. S., e L. M. Vermeulen. "Christian National Education (CNE) and People’s Education (PE): Historical perspectives and some broad common grounds". New Contree 50 (30 novembre 2005): 29. http://dx.doi.org/10.4102/nc.v50i0.441.
Abstract (sommario):
A recognition of the legitimate origins of the idea of Christian-National Education in a people’s struggle for freedom does not mean endorsing the idea as such. Especially in its later development, it seems that the ChristianNational idea has taken on wholly unacceptable features…For those who identify with the people’s education movement, the Christian-National idea will be a symbol of the system of oppression against which they now struggle so that it will be difficult for them to appreciate its origins in an earlier struggle against oppression that closely parallels their own.
24
Hawthorne, Kevin. "Political Discourses at the End of Sophokles' Philoktetes". Classical Antiquity 25, n. 2 (1 ottobre 2006): 243–76. http://dx.doi.org/10.1525/ca.2006.25.2.243.
Abstract (sommario):
Abstract Sophokles' Philoktetes is a response to the oligarchic takeover and restoration of democracy in Athens in 411––10 BC. The play explores the grounds, strengths, and weaknesses of democratic discourse, and measures it against alternatives. The final agon between Neoptolemos and Philoktetes defines a model of legitimate persuasion (logos) that can replace Odysseus' sophistic and oligarchic modes of interacting with others. The deus ex machina, in turn, brings in an authoritative aristocratic discourse (muthos) that is superior even to democratic deliberation.
25
Fedyunin, Anton, e Natalya Peretyatko. "Conceptual problems of the rehabilitation institute in criminal proceedings". Current Issues of the State and Law, n. 14 (2020): 278–86. http://dx.doi.org/10.20310/2587-9340-2020-4-14-278-286.
Abstract (sommario):
We consider procedural and legal problems of ensuring the rights and legitimate interests of the rehabilitated person in criminal proceedings. The purpose of the work is to study the problems of industry affiliation of the rehabilitation institute, the grounds for rehabilitation, and analyze the phi-losophical and ethical categories that make up the legal basis of the rehabili-tation institution. We analyze the legislative regulation of the rehabilitation institution and identify contradictions in the current legislation in the studied sphere of legal relations, as well as focus on the possibility of violating the rights and legitimate interests of rehabilitated person stipulated by law. The methodological basis of the study consists in the use of traditional general logical and special legal methods – logical, formal and legal, analysis and generalization of law enforcement practice. We propose the author’s concept about the nature and legal nature of the rehabilitation institution as an inter-disciplinary institution, which consists in the fact that rehabilitation consists in the idea of complete innocence. A literal (adequate) interpretation of the concept of rehabilitation in this case means the presence of three key ele-ments: 1) the criminal prosecution of a person was unfair (illegal, un-founded); 2) the application of measures of criminal procedural coercion and (or) criminal punishment to him was illegal (unreasonable); 3) there were no grounds for prosecuting him, or there were grounds for excluding him. The study allows us to conclude that the rehabilitation institution of innocent needs further improvement, based on its thorough legal regulation, since, be-ing an interdisciplinary institution, it can ensure the observance and respect of the rights and freedoms of individuals and citizen only if the contradictions in the current legislation are eliminated.
26
Trispiotis, Ilias. "TWO INTERPRETATIONS OF “LIVING TOGETHER” IN EUROPEAN HUMAN RIGHTS LAW". Cambridge Law Journal 75, n. 3 (13 settembre 2016): 580–607. http://dx.doi.org/10.1017/s0008197316000568.
Abstract (sommario):
AbstractThe European Court of Human Rights (ECtHR) and the Council of Europe have recently recognised “living together” as a legitimate dimension of the rights of others that could justify limitations on various European Convention on Human Rights (ECHR) rights, including the rights to freedom of religion and respect for private life. This article argues that the important, yet still unexplored in human rights law, idea of “living together” stems from the republican ideal of fraternity and supplements the distinctive links between democratic principles and rigorous human rights protection. Even so, its justifiability as a limitation ground depends on which conception of the idea is compatible with core values and functions served by human rights under the Convention. This article distinguishes between two main interpretations of “living together”, grounded on responsibility and conformity. It is argued that, in cases touching on our expressive conduct in public, including cases on the wearing of full-face veils, a conformity conception of “living together” sits uneasily both with firmly established case law of the ECtHR and with certain key functions of rights, such as the exclusion of moralistic majoritarian preferences as grounds for coercive prohibitions.
27
Mykhailichenko, Tetiana O., e Yuliia Yu Zabuha. "LAWFUL DEFENSE VS. NECESSARY SELF-DEFENSE: ANALYSIS OF INNOVATIONS IN THE NEW CRIMINAL CODE OF UKRAINE PROJECT". Poltava law review, n. 1 (20 novembre 2023): 101–18. http://dx.doi.org/10.21564/2786-7811.1.290478.
Abstract (sommario):
Today, the process of building our state continues, which is also accompanied by the approximation of Ukrainian criminal legislation to the European one. In particular, the draft of the new Criminal Code of Ukraine is currently being discussed. The article analyzed the provisions of the draft of the new Criminal Code of Ukraine, devoted to the individual's right to protection. The authors laid numerous innovations in the provisions on necessary defense (legitimate defense). Therefore, the purpose of this article is to identify the advantages and disadvantages of the provisions of Art. 2.9.2 «Legitimate defense» in the draft of the new Criminal Code of Ukraine, as well as the provision of proposals to eliminate the identified problems. Arguments are presented regarding the expediency of changing the title of the article, expanding and clarifying special types of legal protection, in particular, in cases of protection against: 1) illegal encroachment of a person who used a weapon, a dangerous object or another object that has the properties of a weapon or a dangerous object, 2) an illegal invasion of housing or other property or 3) rape. At the same time, it was emphasized the need for correct use of terms within the entire Draft and the need to follow a unified approach to formulating grounds for legitimate defense.
28
Largier, Niklaus. "Mysticism, Modernity, and the Invention of Aesthetic Experience". Representations 105, n. 1 (2009): 37–60. http://dx.doi.org/10.1525/rep.2009.105.1.37.
Abstract (sommario):
In this article I argue that Luther's critique of the radical reformers establishes a specific distinction between the spiritual and the secular. It excludes the use of inspired speech and mystical tropes from legitimate readings of the Bible and from the political sphere. In doing so, Luther's intervention not only neutralizes certain mystical traditions but also prepares the grounds for the use of mystical tropes in a new epistemological space, the realm of aesthetic experience and self-fashioning, and for the discussions about aesthetics in modernity.
29
Malbin, D. A. "A Preventive Function of a Negatory Claim". Actual Problems of Russian Law 18, n. 7 (23 giugno 2023): 86–96. http://dx.doi.org/10.17803/1994-1471.2023.152.7.086-096.
Abstract (sommario):
A negatory claim may be applied in case of violation of a subjective right. Giving the negatory claim an uncharacteristic preventive function for the purposes of protecting subjective property rights is not necessary, because the desired goal is achieved by using a different method of legal protection and in relation to another object of legal protection, namely, a legitimate interest. An owner is interested in ensuring that his subjective right is not violated. Therefore, he has an interest in third parties acting in such a way that a violation of his right would be excluded. A violation of such a legitimate interest of the owner is the commission by the debtor of actions that will inevitably lead to a violation of property rights. In view of the fact that a subjective duty does not oppose a legitimate interest, a dispute concerning protection of a legitimate interest provides for the resolution of competition between the protection of the plaintiff’s legitimate interest and the defendant’s freedom of action. The court’s duty in such a dispute is to establish a fair balance between competing legal benefits so that the legitimate interests of one or the freedom of the other are not infringed without sufficient grounds. Prevention of violation of subjective property rights can be carried out by such a general method of protection as the suppression of actions that pose a threat of violation of the right, a special case of which is a claim for the prevention of harm. A special real preventive claim brought to prevent the violation of subjective property rights is possible only if the appropriate method of protection is fixed by law. However, in the conditions of the existence of such a universal method of protection as the suppression of actions that pose a threat of violation of the law applicable to all subjective rights, there is no need to consolidate a special real preventive claim.
30
Zolka, Valentyn, Olha Tsarenko, Iryna Kushnir, Serhii Tsarenko e Roman Havrik. "The Impact of the Pandemic Covid-19 on the Human Right to Freedom of Movement". European Journal of Sustainable Development 10, n. 1 (1 febbraio 2021): 376. http://dx.doi.org/10.14207/ejsd.2021.v10n1p376.
Abstract (sommario):
The article discusses the impact of the pandemic COVID-19 on the human rights, in particular, the right to freedom of movement and free choice of residence. The purpose of the article is to investigate whether the restrictions implemented to prevent spread of the infection were legitimate and necessary. The concept and content of the right to free movement according to Ukrainian legislation has been investigated. The legitimate grounds for restriction of human rights were analyzed. The state of compliance of Ukrainian legislation with the legislation of the EU and world standards was revealed. The range of issues that Ukraine faced during the pandemic COVID-19 and limitations of human rights were disclosed. Particular attention was paid to legal acts which implemented such limitations. It was revealed that the approach of the Ukrainian legislator while implementing restrictions of human rights was unconstitutional and violated fundamental human freedoms. General and special scientific methods were used in the process of research, such as dialectical, comparative, dogmatic and legal methods.
31
Parker, Michael. "When is research on patient records without consent ethical?" Journal of Health Services Research & Policy 10, n. 3 (1 luglio 2005): 183–86. http://dx.doi.org/10.1258/1355819054338960.
Abstract (sommario):
Current regulations do not allow most low-risk research using patient records without patient consent. One of the main reasons adduced for this is that such research constitutes an unacceptable breach of confidentiality. By contrast, it is argued in this paper that it may, on occasion, be acceptable for confidentiality to be breached according to all three of the major ethical justifications for respecting patient confidentiality. In practice, the arguments against allowing research using patient records are usually grounded in claims about the link between confidentiality and respect for patient autonomy rather than legitimate patient expectations. Patients may have good reason to expect, or come to expect, that their records will be used without their consent for low-risk research, under certain conditions. Where this is the case, such expectations provide reasonable grounds for considering such research to be ethical.
32
Parry, Jonathan. "Legitimate Authority and the Ethics of War: A Map of the Terrain". Ethics & International Affairs 31, n. 2 (2017): 169–89. http://dx.doi.org/10.1017/s0892679417000065.
Abstract (sommario):
Despite a recent explosion of interest in the ethics of armed conflict, the traditional just war criterion that war be waged by a “legitimate authority” has received relatively little attention. Moreover, of those theorists who have addressed the criterion, many are deeply skeptical about its moral significance. This article aims to add some clarity and precision to the authority criterion and the debates surrounding it, and to suggest that this skepticism may be too quick. The first section analyzes the authority criterion and reveals that there are at least two distinct moral claims associated with it, each requiring separate evaluation. The second section outlines an increasingly influential “reductivist” approach to just war theory, explaining how this approach grounds powerful objections to the authority criterion. The third section sketches the most promising strategies for providing a qualified defense of authority, while acknowledging the further questions and complications these strategies raise. Importantly, the article aims to rehabilitate the authority criterion from within a broadly reductivist view.
33
Di Nucci, Ezio. "I love my children: am I racist? On the wish to be biologically related to one’s children". Journal of Medical Ethics 44, n. 12 (31 maggio 2018): 814–16. http://dx.doi.org/10.1136/medethics-2017-104213.
Abstract (sommario):
Is the wish to be biologically related to your children legitimate? Here, I respond to an argument in support of a negative answer to this question according to which a preference towards having children one is biologically related to is analogous to a preference towards associating with members of one’s own race. I reject this analogy, mainly on the grounds that only the latter constitutes discrimination; still, I conclude that indeed a preference towards children one is biologically related to is morally illegitimate because, in the context of parental love, biological considerations are normatively irrelevant.
34
Lawson, Tony. "Economics as a distinct social science ? On the nature, scope and method of economics L’économie, une science sociale distincte ?" Économie appliquée 50, n. 2 (1997): 5–35. http://dx.doi.org/10.3406/ecoap.1997.1630.
Abstract (sommario):
Competing accounts of the nature, scope and method of economics persist in the economic literature. In this paper recent developments in the philosophy of science are drawn upon with the intent of throwing light upon the relative merits of prominent examples of competing positions. It is found that a critical synthesis of such positions in appropriate. It is also argued, perhaps contentiously, that 1) the dominant mainstream project be reduced to a non-explanatory aspect of the discipline, and 2) there are few legitimate grounds for regarding economics as a separate science.
35
Fichtelberg, Aaron. "Identity politics and hybrid tribunals". Leiden Journal of International Law 33, n. 4 (15 settembre 2020): 993–1014. http://dx.doi.org/10.1017/s0922156520000412.
Abstract (sommario):
AbstractMany of the conflicts that have led to the creation of hybrid tribunals were identity-based conflicts – people who identified as members of one tribe, race, ethnicity, or religion used these distinctions as grounds to attack and persecute another group who often responded in kind. This reality means that the criminal justice processes that take place in the wake of such conflicts must take issues of identity seriously to be effective. This article uses the notion of framing contests to examine different identity-based responses to international justice. Defenders of the tribunals seek to portray them as impartial observers while critics paint them as illegitimate outsiders. Because hybrid tribunals have identity considerations as features built into them, they are better suited to promote their own legitimacy in these framing contests. These features include the personnel they use, the witnesses they call, the strategies their prosecutors deploy, and their local outreach programmes. Each of these tools can be used to frame the tribunal as a legitimate means to promote criminal justice and thereby advance the values of transitional justice.
36
LEBED, KONSTANTIN. "GROUNDS FOR CANCELING ILLEGAL JUDICIAL DECISIONS". Sociopolitical sciences 10, n. 3 (30 giugno 2020): 143–48. http://dx.doi.org/10.33693/2223-0092-2020-10-3-143-148.
Abstract (sommario):
Task. The author of the article has set several tasks - identification, description and analysis of some judicial errors that are grounds for canceling court decisions in civil cases. To solve these problems, the content of grounds for cancellation and related features of the main properties of judicial decisions are studied. Model. To solve this task, it is necessary to investigate cases of erroneous application of legal norms by courts, which are the result of non-compliance with the requirements imposed by law to judicial decisions. Findings. The main procedural forms of protection of rights and legitimate interests use illegality and unreasonableness as the main grounds for canceling (or changing) court decisions. Improper application of substantive and procedural law (illegality) is one of the main judicial errors. At the same time, the failure of the courts to observe the principle of unity of judicial practice established by the verification courts leads to the cancellation of illegal court decisions. The scope of the study. They are limited by the relations that develop between participants in civil and arbitration proceedings. Practical value. Identifying and studying the grounds for canceling or changing erroneous decisions will help to improve the quality of court decisions and reduce the number of illegal decisions. Social consequences. The detection of cases of improper application of substantive and procedural law will help to ensure uniformity in the interpretation and application of legal norms by courts and increase the confidence of citizens in the law and the court. Originality, value. Systematic study and study of the reasons for the improper performance of maintenance obligations, the identification of common problems that impede the proper fulfillment of obligations in practice, will help to formulate general approaches to the enforcement of court decisions on the recovery of alimony. The analysis of the norms of the legislation of the Russian Federation makes it possible to identify additional opportunities for the implementation of the protection of the property rights of the child.
37
Saxer, Martin. "Re-Fusing Ethnicity and Religion: An Experiment on Tibetan Grounds". Journal of Current Chinese Affairs 43, n. 2 (giugno 2014): 181–204. http://dx.doi.org/10.1177/186810261404300210.
Abstract (sommario):
The relation between ethnicity and religion has had a troubled history in the People's Republic of China. Conflating religious practice with ethnic culture is considered to carry the risk of breeding “splittism” – especially in Tibet and Xinjiang. While in the post-Mao era the outright hostility against religion has given way to a religious revival, keeping religion and (nationality) politics separate has remained a major concern for the Chinese Communist Party. Religion is supposed to be a private matter that does not interfere with politics. Against this backdrop, a recent phenomenon in the Tibet Autonomous Region is all the more remarkable: the (re-)fusion of ethnicity and religion under the label of cultural heritage and its protection. This paper approaches this officially endorsed re-fusion ethno-graphically and examines its wider implications. I argue that endorsing religion as an attribute of Tibetan heritage corresponds to the concept of defining public spaces and events in which religious practice is legitimate and expected. Simultaneously, religious practices outside these dedicated spaces and events become even more problematic, leading to everyday Buddhist practices, such as circumambulation, being seen as (and performed as) political acts.
38
Verseveld, J. L. van. "With the Wisdom of Hindsight". EC Tax Review 30, Issue 4 (1 luglio 2021): 189–98. http://dx.doi.org/10.54648/ecta2021020.
Abstract (sommario):
Assessment of the time at which newly introduced or amended legislation takes effect is difficult. This is due to the possibility that some legal rules apply to situations existing before their entry into force. These rules are in principle retroactively applicable. The CJEU evaluates retroactivity of (tax) legislation based on a distinction between procedural and substantive rules. Procedural rules are held to apply to proceedings pending at the time when they enter into force. Substantive rules are usually interpreted as not applying to situations existing before their entry into force. However, retroactive effect must be given to these rules in so far as it follows clearly from their terms, objectives or general scheme. This is to ensure observance of the principle of legal certainty and the protection of legitimate expectations. Violation of these principles is only allowed on legitimate grounds. This article compiles a framework constituting the general principles of Union law and Article 1 First Protocol European Court of Human Rights. This framework can be used to assess whether legal provisions are applicable before their entry into force. The framework is tested with a case study to the retroactive effect of Title III UCC provisions. Retroactive effect, Retroactivity, Legitimate expectations, Possessions, Customs law, Framework, Procedural, Substantive, Article 1 First Protocol, ECHR, CJEU, General principles of Union law, UCC, CCC, Entry into force
39
Westphal, Kenneth R. "Noumenal Causality Reconsidered: Affection, Agency, and Meaning in Kant". Canadian Journal of Philosophy 27, n. 2 (giugno 1997): 209–45. http://dx.doi.org/10.1080/00455091.1997.10717478.
Abstract (sommario):
The lead question of Kant's first Critique, indeed his whole Critical Philosophy is ‘How is Metaphysics as a Science Possible?’ Neo-Kantian and recent Anglophone interpretations of Kant's epistemology have concentrated on the ‘Transcendental Analytic’ of the first Critique, and have taken Kant's positive and legitimate sense of metaphysics to concern the necessary conditions of our knowledge of mathematics, natural science, and of course, our common sense knowledge of a spatio-temporal world of objects and events. However, in the ‘Canon of Pure Reason’ in the first Critique Kant indicates quite clearly that, although two of the leading sub-questions of metaphysics — ‘What should I so?’ and ‘What may I hope?’ — cannot be answered on theoretical grounds, they may be answered on practical grounds (A804-05=B832-33). Those practical grounds are elaborated and supplemented (mainly) in the latter two Critiques and the Religion. In each case, however, a definite and positive answer to a metaphysical question involves giving ‘objective reality’ to a concept, e.g., the concepts of freedom or immortality. ‘Objective reality’ involves possible reference to an object, where ‘possible reference’ involves more than merely describing a logical possibility.
40
Bahri, Amrita, Olga Starshinova e Daria Boklan. "Joint Statement Initiatives: A Legitimate End to ‘Until Everything is Agreed’?" Journal of World Trade 57, Issue 2 (1 aprile 2023): 339–60. http://dx.doi.org/10.54648/trad2023014.
Abstract (sommario):
At World Trade Organization (WTO), nothing is agreed until everything is agreed and until everyone agrees at the negotiating tables, and that ‘magic’ moment has been difficult to arrive at. Some WTO Members have argued that if all Members cannot move ahead together with the acceptance of new rules, the Members who are able and willing to move ahead should be provided with the required space to do so. Some Members have indeed chosen to push ahead as they have recently sought progress in negotiations through the Joint Statement Initiatives (JSIs). The JSI proponents claim that JSIs can contribute to building a more responsive and relevant WTO – which will be critical to restoring global trade and economic growth in the wake of the COVID-19 crisis. Others have staunchly opposed such plurilateral attempts at trade liberalization on various grounds, often labelling them as attempts to circumvent the WTO’s core tenets of multilateralism. The article contributes to this debate, as the authors assess different routes through which JSIs can be added to the WTO acquis and the WTO-compatibility of each of these routes. It then assesses the possible detrimental impact that JSIs can have on the essence and fabric of the multilateral trading system (MTS).
41
McLeod, Marah Stith. "Making Sense of Sentences". Federal Sentencing Reporter 34, n. 4 (1 aprile 2022): 245–50. http://dx.doi.org/10.1525/fsr.2022.34.4.245.
Abstract (sommario):
Critics of mass incarceration and American punitiveness have called for a renewed focus on human dignity. They have proposed ways to make sanctions less severe and to ensure that punishments are more humanely administered. Attention to human dignity, however, also requires something else: greater attention to the humanity of offenders at the sentencing proceeding. Sentencing now is often a routine, unreasoned affair; even draconian sentences are sometimes imposed with little or no explanation of the goals they are meant to serve. Respect for dignity demands more than this. Judges should explain, in terms defendants can understand, the State’s legitimate purposes for requiring them to suffer the burdens of punishment. They must explain not only the factual and legal grounds for a sanction, but the State’s lawful objectives. By giving reasons, judges can affirm that offenders remain rational moral agents and members of the human community, not merely animals to be caged. Such public acknowledgment of offender dignity is morally important, but it also serves a practical purpose, for reason-giving helps ensure that sentences reflect legitimate aims, not unthinking fiat, error, or prejudice.
42
Nguyen, Tho Thi Anh. "Host States’ Counterclaims on Human Rights in Practical Investment Arbitration". Asian Journal of Law and Policy 2, n. 2 (8 luglio 2022): 57–73. http://dx.doi.org/10.33093/ajlp.2022.5.
Abstract (sommario):
This paper analyzes the potential hindrance to the positive results of counterclaims on human rights protection in the practical investment arbitration, then evaluates whether ASEAN Comprehensive Investment Agreement and other treaties with investment provisions would be acceptable legal grounds to enable such counterclaims. This paper argues that to ensure more sustainable investment, future investment treaties should directly provide explicit states’ rights to make counterclaims on human rights protection. As such, these explicit provisions will create better legal grounds for host state to defend their legitimate rights on protecting human right, guarantee the predictability, and avoid the inconsistent interpretation or the reluctance of tribunals. This paper will delve in four substantial issues, including: (i) overview on counterclaims in international investment disputes; (ii) international and municipal regulations on human right protection in investment activities; (iii) host states’ counterclaims on protection of human rights in practical investment arbitration; (iv) control future commitments on states’ counterclaims on human rights.
43
PETERS, ANNE. "Compensatory Constitutionalism: The Function and Potential of Fundamental International Norms and Structures". Leiden Journal of International Law 19, n. 3 (ottobre 2006): 579–610. http://dx.doi.org/10.1017/s0922156506003487.
Abstract (sommario):
The article conceives international (or global) constitutionalism as a legal argument which recommends and strengthens efforts (legal and political) to compensate for ongoing de-constitutionalization on the domestic level. Although the notions ‘international constitution’ and ‘international constitutionalism’ have in recent years served as buzzwords in various discourses, the many meanings of those concepts have not yet been fully explored and disentangled. This paper suggests a specific understanding of those concepts. It highlights various aspects and elements of micro- and macro-constitutionalization in international law, and identifies anti-constitutionalist trends. On this basis, the paper finds that, although no international constitution in a formal sense exists, fundamental norms in the international legal order do fulfil constitutional functions. Because those norms can reasonably be qualified as having a constitutional quality, they may not be summarily discarded in the event of a conflict with domestic constitutional law. Because the relevant norms form a transnational constitutional network, and cannot be aligned in an abstract hierarchy, conflict resolution requires a balancing of interests in concrete cases. Finally, because constitutionalism historically and prescriptively means asking for a legitimate constitution, a constitutionalist reading of the international legal order provokes the question of its legitimacy. This question is pressing, because state sovereignty and consent are – on good grounds – no longer accepted as the sole source of legitimacy of international law. International constitutionalism – as understood in this paper – does not ask for state-like forms of legitimacy of a world government, but stimulates the search for new mechanisms to strengthen the legitimacy of global governance.
44
Ruth Sippel, Sarah. "Financialising farming as a moral imperative? Renegotiating the legitimacy of land investments in Australia". Environment and Planning A: Economy and Space 50, n. 3 (13 novembre 2017): 549–68. http://dx.doi.org/10.1177/0308518x17741317.
Abstract (sommario):
This paper investigates the debate about foreign investment in Australian farmland. Employing a moral perspective, it is argued that the apparent tensions over foreign land investments in recent years can be interpreted as a renegotiation of the legitimate grounds upon which farmland investments should take place. The analysis shows that elements of worth are being applied to farmland that go beyond the ‘pure’ treatment of land according to market principles. Most notably, national references, together with concerns about control over strategic resources and the involvement of foreign sovereign entities, have gained prominence. Reacting to these concerns, the investment of domestic superannuation capital has emerged as a moral imperative to keep farmland in ‘national hands’. The paper thus stresses the need for a more nuanced differentiation between different kinds of ‘capital’ and particularly the way they are morally evaluated. The paper furthermore reveals that the linkages between capital and ‘nature’ are not forged in a random or arbitrary way. They are crucially shaped by the societal understanding of the legitimacy of certain kinds of capital and their associated motives and intentions as part of the broader understanding about the rules and principles that should govern economic activities.
45
Sheremetyev, I. I. "Russian Criminal Procedure to Protect the Rights and Legitimate Interests of Entrepreneurs". Courier of Kutafin Moscow State Law University (MSAL)), n. 1 (15 maggio 2024): 123–33. http://dx.doi.org/10.17803/2311-5998.2024.113.1.123-133.
Abstract (sommario):
The article discusses changes in Russian criminal procedural legislation related to criminal proceedings on crimes in the economic sphere committed by entrepreneurs in connection with their entrepreneurial or other economic activities. It is noted that these changes are due to the general policy of the state aimed at increasing the economic activity of the population and accelerated economic development of the country as a whole. In this regard, the author provides critical statements by the country’s leaders regarding the current law enforcement practices. The article consistently sets out individual institutions of criminal procedural law affected by these changes. Thus, the features of initiating criminal cases for certain crimes in the economic sphere classified as cases of private-public prosecution are described. The general rules for conducting investigative actions, including those related to the seizure of electronic storage media in cases of this category, are described. Considerable attention is paid to the selection of preventive measures against entrepreneurs and general restrictions on the use of detention against them. Special grounds for termination of criminal prosecution of entrepreneurs in connection with their compensation for damage are described. The author notes that the process of improving legislation in this area is far from complete and will continue depending on the needs of practice.
46
Brittlebank, A. "The tension between identity and competency: Comparing behavioural and constructionist approaches to professional formation". European Psychiatry 33, S1 (marzo 2016): S14. http://dx.doi.org/10.1016/j.eurpsy.2016.01.808.
Abstract (sommario):
Contemporary approaches to medical education emphasize the importance of doctors in training demonstrating the acquisition of competencies. This approach to educating doctors has been criticized on a number of grounds, not least because a solely behavioural focus risks trivializing medical professionalism. An alternative approach is to look at the formation of professional identity as a legitimate goal of training.In this presentation, I will describe the behavioural and constructionist approaches to medical education and their implications for psychiatry training. I will make a plea for psychiatry training to renegotiate the balance between the two approaches.Disclosure of interestThe author has not supplied his declaration of competing interest.
47
SLOAN,, ROBERT B. "2 Corinthians 2:14–4:6 and "New Covenant Hermeneutics" —A Response to Richard Hays". Bulletin for Biblical Research 5, n. 1 (1 gennaio 1995): 129–54. http://dx.doi.org/10.2307/26422131.
Abstract (sommario):
Abstract Does 2 Corinthians 3 provide a textual basis within the Pauline corpus for reader-response hermeneutics? This study engages that question by way of dialoguing with Richard B. Hays's monograph, Echoes of Scripture in the Letters of Paul. Hays's work deals with the question of whether modern Christian readers can "read Scripture as Paul read Scripture." To that end Hays proposes numerous prescriptions and constraints, the most provocative of which is central to the major hermeneutical thesis of his work. He writes (191): "No reading of Scripture can be legitimate if it fails to shape the readers into a community that embodies the love of God as shown forth in Christ." This constraint not only resonates with so-called reader response theories, but is exegetically grounded in Hays's reading of 2 Corinthians 3. This study argues that Hays's community-focused reading of the text does not adequately account for the specifically apostolic and/or Pauline features of 2 Corinthians 2:14 to 4:6. Whatever the merits, on other grounds, of Hays's hermeneutical prescriptions for reading scripture as Paul read scripture, this study argues that a sound exegesis of 2 Corinthians 3 does not in itself provide the ground for the hermeneutical conclusions to which Hays finally comes. The difference between Paul the apostle and the Corinthians as readers of his letters (and us) cannot be so easily effaced.
48
SLOAN,, ROBERT B. "2 Corinthians 2:14–4:6 and "New Covenant Hermeneutics" —A Response to Richard Hays". Bulletin for Biblical Research 5, n. 1 (1 gennaio 1995): 129–54. http://dx.doi.org/10.5325/bullbiblrese.5.1.0129.
Abstract (sommario):
Abstract Does 2 Corinthians 3 provide a textual basis within the Pauline corpus for reader-response hermeneutics? This study engages that question by way of dialoguing with Richard B. Hays's monograph, Echoes of Scripture in the Letters of Paul. Hays's work deals with the question of whether modern Christian readers can "read Scripture as Paul read Scripture." To that end Hays proposes numerous prescriptions and constraints, the most provocative of which is central to the major hermeneutical thesis of his work. He writes (191): "No reading of Scripture can be legitimate if it fails to shape the readers into a community that embodies the love of God as shown forth in Christ." This constraint not only resonates with so-called reader response theories, but is exegetically grounded in Hays's reading of 2 Corinthians 3. This study argues that Hays's community-focused reading of the text does not adequately account for the specifically apostolic and/or Pauline features of 2 Corinthians 2:14 to 4:6. Whatever the merits, on other grounds, of Hays's hermeneutical prescriptions for reading scripture as Paul read scripture, this study argues that a sound exegesis of 2 Corinthians 3 does not in itself provide the ground for the hermeneutical conclusions to which Hays finally comes. The difference between Paul the apostle and the Corinthians as readers of his letters (and us) cannot be so easily effaced.
49
Ost, Suzanne. "Criminalising fabricated images of child pornography: a matter of harm or morality?" Legal Studies 30, n. 2 (giugno 2010): 230–56. http://dx.doi.org/10.1111/j.1748-121x.2010.00161.x.
Abstract (sommario):
This paper addresses the criminalisation of fabricated images of child pornography. Focusing on the new offence of possessing ‘non-photographic pornographic images of children’ (NPPIC) under the Coroners and Justice Act 2009, it assesses whether harm- and morality-based arguments legitimate the extension of the criminal law to this activity. I contend that harm may be caused to children by NPPIC that are depictions of real child sexual abuse, and images that depict the fantasy sexual abuse of a real, recognisable child. However, it is extremely difficult to find a legitimate basis for prohibiting the possession of fantasy, completely fabricated NPPIC through a reasoned application of the harm principle and thus criminalisation of such images is not justified. Adopting a liberal perspective, I argue that moral harm-based arguments ultimately fail to convince, since legal moralism or moral paternalism should not be acceptable grounds for criminalisation. I conclude that a stronger case for criminalisation would have been made had the offence been limited to NPPIC depicting real child sexual abuse, or featuring real, recognisable children, or targeted at creators and distributors rather than possessors.
50
Spandler, Kilian, e Fredrik Söderbaum. "Populist (de)legitimation of international organizations". International Affairs 99, n. 3 (2 maggio 2023): 1023–41. http://dx.doi.org/10.1093/ia/iiad048.
Abstract (sommario):
Abstract The rise of populists to power in many states around the world has caused concern among defenders of multilateralism and the so-called liberal international order. Due to their frequent attacks on established international organizations (IOs), populists are often falsely portrayed as unilateralists. Our article addresses the apparent contradiction that populist leaders delegitimate certain IOs but actively legitimate others, and examines on what grounds they do so. We study speeches by three populist leaders from different continents: Viktor Orbán, Hugo Chávez and Rodrigo Duterte. The analysis shows that their (de)legitimation of IOs relies on representational claims, which critically interrogate on whose authority IOs speak, in whose interest they act, who they are made up of and what they stand for. Using the representational frames of popular sovereignty and popular identity, the three leaders have subverted conventional liberal arguments that legitimate IOs with regard to their performance or procedures. Based on these insights, we argue that instead of criticizing populists for being unilateralists (which they rarely are), stakeholders of established IOs should meet the populist challenge by engaging in more fundamental debates over the very purpose and mandate of IOs.