Individual Freedom Research Articles

Mediation and Convergent Sociality: Toward a Theory of Social Dialogue

The article investigates the mechanisms shaping a new quality of social development in contemporary Russia amidst growing societal challenges. Four key mechanisms are explored: mediation, social dialogue, polysubjectivity, and convergence. These are analyzed for their role in fostering novel forms of social integration and development. The mechanisms serve as tools for studying and shaping the current interplay between tradition and innovation, cultural stasis and social dynamics across various sociocultural contexts and transitional processes. The paper draws upon works presented at the All-Russian Scientific Conference “Individualization and Collectivism in Contemporary Russian Society,” offering an original interpretation that synthesizes and structures these studies. Notable contributions include V.A. Lektorsky’s concept of “the supra-individual as social universality,” which advances our understanding of socio-individual meaning formation and transcends the individual-society dichotomy. A.A. Auzan’s analysis of the dual-core structure of Russian culture aptly captures the unique challenges of social development in Russia. O.V. Aksenova’s examination of the contradictory nature of social action subjects in an increasingly technologized society illuminates the complexities of balancing freedom with necessity, and uniformity with diversity in social action. V.M. Rozin’s approach is considered for its potential to facilitate mediational social dialogue in Russian society. The author argues that neither the individualistic nor the collectivist cores of Russian culture can independently drive effective modernization. Instead, the concept of convergence is proposed as a means to transcend the extremes of ego-individualism and totalitarian collectivism. Three primary directions for implementing convergent strategies are identified: synthesizing individual and social aspects in social action and dialogue, optimizing center-periphery interactions in governance, and developing public-private partnership models as a form of economic convergence. The study emphasizes the need for new forms of social integration and concludes that Russia’s sustainable social development requires an integrative socio-individual model, combining elements of individual freedom and collective solidarity.

Judicial Censorship of the Law's Constitutionality as a Guarantee the Enforcement of the Constitutional Rule

Abstract The subject of the research is judicial oversight of the constitutionality of laws as a guarantee of the enforcement of the constitutional rule. We divided it into two sections. The first section dealt with the general framework of judicial oversight of the constitutionality of laws, the nature of judicial oversight, and the emergence of the idea of judicial oversight of the constitutionality of laws. In the second section, the methods and forms of organizing judicial oversight and its forms were discussed, and methods for initiating judicial oversight of the constitutionality of laws were explained, explaining the differences in state constitutions in introducing judicial oversight Some of them pursued oversight by means of the original law suit for annulment, and some of them took up the defense of unconstitutionality by means of Abstention oversight. The role of the Federal Supreme Court was noted as one of the applications of judicial oversight in Iraq. The study concluded that establishing the foundations of a legal state based on the rule of law and preserving the rights and freedoms of individuals in it requires establishing guarantees to protect the principle of legality, uphold the constitution, and not deviate from its provisions in form and substance. To achieve this foundation, most countries with democratic systems have followed judicial oversight of the constitutionality of laws to the extent its effectiveness in ensuring respect and supremacy of the Constitution over other legal rules

‘The Yoga Police Are Real’

The development of modern yoga has inevitably involved the development of diverse forms of institutionalized authority. Recent years have seen increasing criticism by yoga teachers of Yoga Alliance and similar, more localized bodies that accredit the teaching of contemporary yoga in national and transnational contexts. That criticism involves demands for both accountability and individual freedom. Put simply, while some demand that yoga institutions hold their members to account for ethical transgressions, others are equally determined to prevent this power being held by any specific institution. As older systems of patriarchal, institutionalized authority within yoga are breaking down, and financial precarity increases, the emerging calls to professionalize or regulate yoga teaching from multiple quarters are increasingly incompatible with a widespread distrust of formal institutionalization. This article uses a series of case studies detailing attempts to reform yoga teaching in the US and the UK. These examples provide illuminate a fast-evolving situation that is key to defining and controlling the future of transnational yoga in localized practice. I ask: what can we learn from these encounters about the nature of authority and its relationship to vernacular knowledge? How do national contexts shape transnational concerns? And how might contemporary yoga evolve to reconcile the twin issues of student safety and freedom of expression?

IMPLEMENTATION OF THE RULE OF LAW PRINCIPLE IN THE PRACTICE OF UKRAINE: CONCEPT, STRATIFICATION AND ECONOMIC JUSTIFICATION

The subject of the study is the segmental manifestation of the rule of law principle and its elements in the activities of justice authorities, courts and public associations, taking into account the economic basis of its influence. The purpose of the study is to examine the forms of manifestation of the rule of law principle and its individual elements in the activities of justice and court authorities, to clarify the role of the public in its practical application, and to identify opportunities for its economic support. Methodology. The study used general scientific and special methods of scientific knowledge: the method of system analysis, the dialectical method, the formal logical method, the structural and functional method, as well as a number of empirical methods. In particular, the method of comparison was used to determine the transformation of penitentiary bodies and their transformation into penitentiary justice bodies. The results of the study demonstrated the need for: qualitative consideration of the aspect of ensuring the correction of a convicted person after serving his or her sentence; involvement of representatives of civil society institutions in the resocialisation processes; and identification of potential ways to implement effective reforms that can increase the efficiency and fairness of the judiciary. Conclusion. The article reveals the relationship between the transformation of the penal system into the penitentiary system and the implementation of the rule of law in this area and its comprehensive enforcement. It is noted that the criminal executive system takes into account the aspect of ensuring the serving of sentences, and in the penitentiary system, which operates under the rule of law, the authors additionally identifies such a qualitative component as ensuring the correction of a convicted person after serving his/her sentence and his/her resocialisation. It was found that the economic rationale for the transformation of the judiciary based on the rule of law consists in reducing the costs of: court functioning due to the possibility of digitalization of the preparatory stages before the court hearing and the holding of court hearings in videoconference mode; reducing costs for the court apparatus through optimization of its functions; reducing the number of court cases due to active mediation and other possible options for resolving disputes peacefully, etc. It is noted that justice in judicial proceedings means not only formal compliance with the law, but also the exercise of rights and freedoms of individuals with due regard for equality, objectivity and impartiality. The authors prove that non-governmental organisations are an important institution capable of promoting the principle of justice as an integral element of the rule of law, since they ensure the right to apply to court and the right to protection of members and third parties. The role of the public in shaping the economic basis for reforms and the proper functioning of state bodies was also highlighted. It is noted that national legislation needs to be amended in terms of granting NGOs the right to apply to court in the interests of third parties, in particular, in cases where a person is unable to protect his or her rights for valid reasons. The study analyses the fundamental provisions on economic support for the implementation of the rule of law in various spheres of public relations.

Personalised Advertising in Social Networks: Ethical Challenges and Threats

The article provides a comprehensive analysis of the phenomenon of personalised advertising on social media, emphasising identifying and considering the ethical challenges and potential threats arising in this context. Personalisation of social media advertising raises significant ethical concerns related to privacy, data security, consumer manipulation, moral dilemmas, bias and discrimination. The study shows that while personalised advertising can increase the effectiveness of advertising campaigns and consumer satisfaction, it also compromises consumers’ anonymity and may lead to misuse of personal data. The purpose of the article is to analyse the ethical challenges and potential threats associated with personalised advertising on social media. The author examines the impact of personalised advertising on the anonymity of Internet users, their freedom of choice and other rights. The research methods are based on a comprehensive approach that includes a theoretical review of the available literature, and case studies, as well as logical analysis and synthesis of the data obtained. A comparative analysis was used to compare different approaches to the regulation of personalised advertising. This allows us to better understand the mechanisms of personalised advertising and assess its impact on individual rights and freedoms. The scientific novelty lies in the extended analysis of the relationship between personalised advertising and ethical principles in the context of digital technologies. Considerable attention is paid to the study of the impact of personalisation on the privacy and anonymity of users, as well as the potential risks and threats that may arise from the uncontrolled collection and use of personal data. There is a lack of research in this area, which necessitates the development of new theoretical approaches and practical recommendations that meet the current challenges of the digital age. Conclusions. The article emphasises the need to strike a balance between the commercial efficiency of advertising campaigns and the protection of users’ rights. Recommendations are offered to strengthen security measures, ensure transparency in the collection and use of data, and develop ethical norms and standards in this area. The author highlights the critical need to develop effective mechanisms for regulating and controlling personalised advertising. The article proposes the introduction of clear ethical standards and legal restrictions governing the collection, processing and use of personal data, and emphasises the importance of raising awareness of users about their rights and protection mechanisms. The author emphasises the importance of establishing ethical, transparent and responsible practices in the field of digital advertising in order to ensure respect for the privacy and rights of users.

Analysis of the constitutional court's decision on the age limit of presidential and vice-presidential candidates in the perspective of Rechtstaat

Purpose: This study aims to determine the application of the concept of obedience and application of the concept of the Rule of Law (Rechtstaat) and the concept of Trias Politica to the Constitutional Court Decision Number 90/PUU-XXI/2023 concerning the age limit for presidential and vice-presidential candidates and how the implementation and principles of individual freedom in the rule of law are implemented in Indonesia. Method: The research was conducted using normative research methods (doctrinal research) and a conceptual approach. Results: The research results show that the Constitutional Court's decision requires an approach to the concept of the Rule of Law (Rechstaat) and the Trias Politica concept so that there is no deviation from power and it is able to face the dynamics of change that occur in society, as well as making laws that are more autonomous from intervention by other authorities, such as political interests. Thus, the implementation of the rule of law in the context of a rule of law can be interpreted and followed by all citizens. Limitations: The main aim of applying the concept of the rule of law (Rechtstaat) and the concept of Trias politica is to limit the power of authority so as to produce legal science teaching centered on rights.

What is the Relationship between Islam and Liberalism in the Qur'anic Perspective?

This study examines the relationship between Islam and liberalism, reviews the concept of liberalism, its history, and the perspective of the Qur'an. Liberalism, which emphasizes individual freedom, is often seen as contrary to Islamic principles centered on Sharia. Rooted in the European Renaissance period, liberalism developed in response to the domination of religion and monarchy, encouraging democracy and a free economy. The Qur'an, in verses such as Sura Al-Baqarah, Ar-ra'ad and Al-Isra affirms the importance of obeying the Shari'a and staying away from lust. This research method uses an interpretive approach. Researchers analyze the text and interpretation of the Qur'an to understand the Islamic view of liberalism, with the aim of providing insight into contemporary liberalism discourse.

Совершенная свобода личности и неумолимость культурной истории: Абсолют в религиозной метафизике К.Н. Леонтьева

The following article considers K.N. Leont’ev’s religious and philosophical ideas concerning the historico-cultural process, its fateful direction and its eschatological end. The restriction of individual freedom in the domain of cultural history was assumed by Leont’ev due to his interpretation of faith in a personal God, the Owner of the world’s fate. A specific religious and philosophical thesis was made by Leont’ev that the cultural benefits of man are determined by his own choice between the sphere of obedience and the sphere of revolt in regards to his relation to the Absolute. In the 19th century, humanity was inspired by the spirit of egalitarianism, but while attempting to challenge the divine authority, it will sooner or later find out that it was poorly mistaken and experience the restrictions of human nature in the face of the inevitable and catastrophic end of the cosmos. While being based on the hermeneutical teachings of H.-G. Gadamer, who philosophically rehabilitated man’s historicity and his pre-conceptions of cultural temporality, the author asserts that one should pay attention to the religious and philosophical schemes of Leont’ev in the context of the Sacred Tradition of the Church, which determined his thinking. It may be possible that the application of this method will lead to a more perfect understanding of Leont’ev’s religious metaphysics.

Comparative Analysis of Jurisprudence on Interventions to the Right to Property Through Taxation: The Constitutional Court of Türki˙ye and European Court of Human Right

Fundamental rights and freedoms of individuals are guaranteed in both constitutions and international treaties. One of the most important treaties protecting fundamental rights and freedoms is the European Convention on Human Rights (ECHR). Türkiye, which adopts a monist understanding, is one of the countries that are party to the ECHR. Since it was founded in 1959, Türkiye has been one of the three countries that are subject to the most judgments by the European Court of Human Rights (ECtHR). In order to make this bad record better and to protect fundamental rights and freedoms more effectively, the individual application mechanism to the Constitutional Court has been entered into force in Türkiye since 2012. This paper argues whether the case law of the Constitutional Court of the Republic of Türkiye, which is necessary to reduce the applications made to the ECtHR against Türkiye and the violation decisions given by the ECtHR, is compatible with the case law of the ECtHR. The paper analyses the right to property, which is one of the most related rights to taxes, and focuses only on tax interventions to this right. The right to property is important not only because it is directly related to taxes, but also because it is the second most violated right among the violation decisions made by the ECtHR against Türkiye between 1959-2022, after the right to a fair trial. The methodology employed is based on a comparative jurisprudential analysis of the Constitutional Court of the Republic of Türkiye and ECtHR. In this way, the similarities and differences between the way the two courts dealt with the cases in the interventions to the right to property through taxes can be analyzed. As a result, it is understood that both Courts treat the right to property in the same way, but the Turkish Constitutional Court adopts a stricter and more protective interpretation than the European Court of Human Rights in terms of legality criteria.

MISUSING PREVENTIVE DETENTION IN SECURITY LEGISLATIONS: A HISTORICAL ANALYSIS FROM THE LENS OF PERSONAL LIBERTY

Preventive Detention is an extraordinary instrument used during times of crisis to prevent the commission of criminogenic behaviour by curtailing individual liberty on the apprehension of a criminal act, in the interests of national security. However, within Indian law, this extraordinary power holds a peculiar position in the sense that it is applicable during peacetime as well, an anomaly from the juristic position that it occupies in other jurisdictions. The historical roots of this power are traceable from the colonial era, wherein it was used as a means to silence dissent against the colonial State, yet, even after independence, it was given constitutional recognition and included and incorporated into the constitutional mechanism within Article 22. This is perhaps attributable to the exceptional circumstances surrounding the birth of this nascent nation, yet, over the past seven decades, it has been used as a means of silencing dissent and curtailing the voices of opposition, primarily due to its loose, imprecise, and vague connotation, as well as the blanket power that has been constitutionally granted on the State to exercise preventive detention. Curiously, although the judiciary has historically been an avowed protector of individual liberty and freedom, petitions challenging the validity of preventive detention legislations have often fallen on deaf ears, with the judiciary repeatedly valuing the principles of national security that these legislations envisage to protect over the individual rights of liberty and freedom. Thus, over the past seven decades, the misuse and abuse of preventive detention have become a dark spot in Indian legislative and judicial history. Against this backdrop, this paper is interested in examining the historical development and application of preventive detention laws in India, starting from the colonial period and expanding the discussion to the present, to understand the reasoning for its implementation during the British era, its subsequent inclusion within the constitutional framework, its use and misuse over the decades and the judicial opinion towards its imposition, to try and understand the nuances that this extraordinary power has carried in Indian jurisprudence.

Filsafat Eksistensialisme Dalam Pandangan Soren Aabye Kierkegaard Terhadap Spiritualitas Pada Remaja Akhir Generasi Z

Existentialism is a school of philosophy that emphasizes individual existence, freedom, and personal responsibility. Soren Kierkegaard, a 19th century philosopher, is considered one of the main figures in the development of this school. In Kierkegaard's view, spirituality is an important aspect of human life, he emphasized the importance of an individual's relationship with God and how this will affect individual existence and freedom. This research uses a qualitative approach by applying library studies or primary data used are books and texts that contain thoughts from Kierkegaard about existentialism and the transformation of self-identity. In late adolescents of generation Z, Kierkegaard's view of spirituality can provide an understanding of the importance of a meaningful life and having a clear purpose. Existentialism can help Generation Z late adolescents to understand and face the existential challenges faced by Generation Z late adolescents, such as finding the meaning of life, facing certainty, and determining their identity.

“Justification by Faith” and “Justification by Sincerity”: A comparative study of Martin Luther's theory of faith and ancient Chinese Emotionalism

AbstractMartin Luther's theory takes “justification by faith” as its main feature. Ancient Chinese Emotionalism is characterized by “justification by Sincerity.” Both of them emphasize the sincere spirit of the individual, but have different emphasis on the attitude of faith and emotion. Luther's theory and Ancient Chinese Emotionalism both have the characteristics of “returning to the individual” and respecting individual freedom, and show a certain spirit of resistance and innovation against the social establishment.

وسائل التواصل الاجتماعي والرأي العام في مجتمع تقوده الرأسمالية: دراسة لمسرحية إبسن (عدو الشعب)

The goal of this paper is to shed light on the effect of social media in shaping public opinion in communities that are ruled by capitalists, as represented by the Norwegian writer Henrik Ibsen in his “An Enemy of the People.” Through a profound reading of the play, this paper aims to reflect how those who have different opinions from those of the authorities are liable to persecution and oppression. The paper also investigates the ways through which the capitalists manipulate power and authority to shape public opinion through press/ social media to serve their purposes and interests. The present study concludes that capitalism exerts an obvious effect on people and reflects that the majority’s opinion is so absolute to the extent that any other opinion is intolerable. It also shows that people are affected by the capitalist nature of the society. Public opinions are manufactured according to the consent of the majority in the society. Social media plays a major role in creating opinions and nurturing them. Instead of being an altruistic, positive force, social media exposes itself as an authority purveyor of lies. It functions as a full-time patrol to persuade the people to succumb to the majority as the only refuge for a peaceful life. Therefore, any hope for a dignified life in a community where individual freedom and individuality are respected becomes a far-fetched pursuit.

Fascism as seen by the Christian Democrats in the years of the republic of parties (1945–1994)

ABSTRACT The Christian Democratic interpretation of the fascist regime drew on the analyses conducted in the 1920s which identified the statism-racism-warmongering nexus as the defining trait of fascist movements. With the outbreak of the Cold War, Italian fascism disappeared as a political phenomenon, but with Aldo Moro became a historical example of a system that was enemy of individual freedom but also responsible for policies that went against the interests of working people. In Moro’s view, the birth of the Republic had opened up a new path that still had to be perfected but certainly was in antithesis to the fascist one. The parties of the anti-fascist coalition had contributed to this new path and were called upon to complete it in a “progressive” manner. This perspective carried on until the period of “national solidarity”, but after Moro’s assassination, the cultural and political framework in the 1980s became increasingly critical of the cornerstones of post-1945 anti-fascism.

Human Love, Humanism, and the Philosophical Thoughts of Kazi Nazrul Islam

Kazi Nazrul Islam, a seminal figure in Bengali philosophy and literature, epitomized humanism, individual freedom, and rational contemplation. His works, imbued with themes of rebellion against injustice, sectarianism, and oppression, reflect a deep love for humanity and a commitment to truth. Nazrul's poetry and prose transcend religious and social divides, advocating for Hindu-Muslim unity and condemning religious fanaticism and hypocrisy. His literature, rooted in personal hardship and diverse life experiences, serves as a beacon for justice and equality. Even today, Nazrul's legacy inspires resistance against oppression and promotes the ideals of human love and harmony.

Blir du ensam, lille vän?

The lonely ones? Citizenship ideals in Swedish early childhood education policy. The aim of this article is to discuss the democratic function of education by exploring and comparing the citizenship ideals expressed in Swedish early childhood education policy in 1987 and 2018. The study shows that citizenship that was previously foremost emphasizing the horizontal relationship within a community has shifted towards an emphasis on the vertical relationship between the individual and the state. The ideal has thus shifted from a lived citizenship emphasizing community and belonging to citizenship as an individual status based on ownership of rights. The article concludes that the empowerment of children regarding their formal rights in a context characterized by increased focus on individual learning and freedom may contribute to reducing other aspects of democracy such as community, belonging and care, therefore significantly altering the societal task of education.

Surveillance capitalism and the surveillance state: a comparative institutional analysis

AbstractWhat is the connection between mass surveillance and institutions of individual agency, freedom, and self-governance? Recent literature on “surveillance capitalism” argues that, over the past two decades, the capitalist Big Tech companies have commodified personal data for profit. This commodification goes beyond gathering information to improve the products provided by the collecting organization directly and entails using data to predict what people will do, the sale of that data, and its use to modify the behaviors of unknowing consumers. According to critics, this erodes individual dignity and freedom while also threatening democracy. This paper offers an alternative framing of surveillance and data collection based on comparative institutional analysis. While data collection and attempts at persuasion are present in private and government settings, the welfare effects vary due to institutional differences. We leverage the comparative institutional framework to analyze the differences between private data collection (“surveillance capitalism”) and government data collection (the “surveillance state”). Our analysis sheds light on how data collection in the private, for-profit sector has different welfare consequences from those in the surveillance state.

Perlindungan Hukum Terhadap Hak Asasi Manusia Dalam Hukum Tata Negara

Human rights are fundamental rights inherent in every individual without exception, which must be respected, protected, and fulfilled by the government in accordance with the principles of applicable constitutional law. This study aims to analyze the legal protection of human rights in the context of constitutional law. The research method used is a descriptive analytical approach that discusses the concept of human rights, its relation to constitutional law, as well as concrete steps that can be taken by the government to ensure effective human rights protection. The results showed that legal protection of human rights in constitutional law is very important to maintain a balance between state power and individual rights. A balance between individual freedom and public interest is needed in carrying out government duties in accordance with the constitution and applicable laws and regulations. This research is expected to provide deeper insight into efforts to protect human rights within the framework of constitutional law, and can be a reference for governments, legislative institutions, and law enforcement agencies in improving human rights protection as one of the key aspects in realizing a democratic and just rule of law.

Analysis of the Connotation and Practice of the Integration of Production and Education under the Background of Intelligent Manufacturing

Intelligent manufacturing is the focus and trend of China’s industrial development. In the context of intelligent manufacturing, the amalgamation of industry and education is the only way of vocational education. The integration of production, education and research is no longer a superficial and single school—enterprise cooperation. It’s a pattern, a thought and an idea. It is only through the whole process of the reform and development of vocational education that the concept of the integration of industry and education can be carried out. In order to provide more and better professional talents for the fast iterative intelligent manufacturing industry, the essence of the integration of industry and education is under the background of intelligent manufacturing. Relying on the new concept and model of vocational education integration, vocational school students can realize individual freedom and all-round development, and everyone has the opportunity to be brilliant in life.

For a noble and sentimental literature: N. Steinhardt and the essay as a form of freedom

N. Steinhardt, the author of Jurnalul fericirii [The Diary of Happiness], was not only an exquisite intellectual colporteur, but also an erudite essayist of astonishing spontaneity, who gave his intellectual discourse a remarkable cultural breadth, which places him in the same spiritual family as Alexandru Odobescu, Paul Zarifopol, Mihail Ralea, Alexandru Paleologu or Andrei Pleșu. In spite of the diversity of the themes addressed, the essays of the later monk of Rohia preserve a basic unity, revealed in a coherent modus cogitandi and a defensive ethos, intended to protect individual freedom through recourse to modesty and to what Paleologu called common sense as paradox. Reading Steinhardt’s essays is also a powerful antidote to laziness of thought, offering the reader the chance to escape from the narrow horizon of commonplaces. Leaving aside the prison memorial and the texts on religious subjects, which are permeated by the same essayistic vein, we highlighted the fact that Steinhardt understood literary criticism as an ingenious creative activity, polemically anti-positivist, susceptible to new and surprising cultural analogies, incessantly pleading for the rehabilitation of subjectivity, emotion and feeling as essential factors in the process of knowledge, from the perspective of a fundamental humanism drawing from Montaigne’s tradition.