Philosophy Of Law Research Articles

Human Cyber Rights in the Context of Technological Singularity

Introduction: the physical and technological transformations of the modern world are accelerating due to the theory of technological singularity. This phenomenon indicates that the time between fundamental technological discoveries is shortening. In the context of such a dynamic development of technology, the existing law does not always have time to adapt to new challenges, which pushes for the need to revise legal norms and introduce new concepts. The purpose of the work is to explore fundamental issues related to the impact of technological singularity on human rights as well as to propose a new concept – human cyber rights. Methods: the methods of theoretical analysis and comparative jurisprudence were used in the course of the study. The analysis of literary sources on the research topic was carried out, including the works of scientists and jurists dealing with philosophy of law, technology, and human rights. The methods of logical analysis and synthesis were also used to identify the connections between fundamental concepts and develop a new concept. As a result of the study, the main problems associated with the lag of law from technological progress have been identified. The concept of human cyber rights has been proposed, which includes the rights of an individual in the digital space. The need to adapt legal norms to new challenges, such as the rights of scanned persons and ensuring data security in the digital space, has been discussed. The study has confirmed the need to revise the legal norms in the light of technological singularity and proposed a new concept of human cyber rights as a way to adapt law to the challenges of digital transformation. Further research in this area can contribute to the development of more flexible and effective legal mechanisms to ensure the protection of human rights and freedoms in the era of the digital revolution.

ETHICAL DILEMMAS IN MEDICAL CARE FOR WOMEN IN SITUATIONS OF SOCIAL VULNERABILITY: EXPANDING THE DEBATE ON MARGINALIZED POPULATIONS IN EDUCATION

This paper addresses reflections and discussions on the female figure in the context of social marginalization, linked to threats to human rights, with a focus on access to health care and quality longitudinal monitoring. This debate analyzes the historical process of marginalization and oppression amplified when women are inserted as street dwellers, enhancing the weaknesses of helplessness and substance abuse, thus aggravating violence and stigma. This is a narrative review of literature, of a reflective nature, associated with a report of an educational experience in the construction of a teaching methodology based on a fictitious case that triggers discussion and resolution of problems linked to human rights violations of marginalized women, in the light of philosophies of law and the study of public policies for undergraduate medical students. The development of the work shows the importance of expanding studies on this topic, focusing on historically invisible people, in a problematizing narrative, using the construction of clinical cases containing not only health needs for a resolution of medicalization, based strictly on biological diagnoses, but that challenge the reflective thinking of social medicine, directing the debate towards human rights lines, in a context of interprofessional dialogues and studies of public policies, as essential in the training of doctors committed to guaranteeing equity and access to the most neglected population segments in Brazil.

Russian philosophy of law and the historical tasks of Russia: to the publication of the monograph of corresponding member of the Russian Academy of Sciences A.N. Savenkov “Philosophy of law and the formation of the Russian state-civilization”

The article is devoted to the publication of a monograph by Corresponding Member of the Russian Academy of Sciences, Director of the Institute of State and Law of the Russian Academy of Sciences A. N. Savenkov “Philosophy of Law and the formation of the Russian state-civilization”. In the Russian scientific literature, this is the first study where an attempt is made to show national legal consciousness (in the form of philosophy of law) and Russian statehood as a single inseparable synthesis, as an organic spiritual and practical integrity. The main feature of the book is the consideration of the Russian Philosophy of Law as a phenomenon of national legal consciousness, as the spiritual core of Russian statehood. The monograph shows a wide panorama of Russian and European history, the struggle and the interaction of ideas, values, concepts and schools. The article reveals the author’s approaches concerning the formation of the ideology of the modern Russian state based on the ideological heritage of the Russian Philosophy of Law.

The philosophy of criminal law to be

The actualization of the stated issue is due to the widespread dissemination and recognition of judgments about the uselessness of philosophy for branch juris-prudence. The rooting of such reflections in criminal law has led to the need to verify their validity and the reasons for their appearance. The subject of clarification also be-came the consequences for science and practice as a result of the rejection of philosophy. According to the results of the study, it was revealed that the denial of philosophy is not associated with abstraction and abstraction as its inherent properties. Distancing oneself from it is a sure sign of the pathology of criminal law thought itself, based on the principles of positivism. Philosophy is often used by science to cover its own abstraction from reality and to conceal the presence of this anomaly in its ranks. The detachment from philosophy actually hides one of the forms of the departure of jurisprudence from reality and from man as its creator.

Социально-философское исследование проблемы классификации правовых оценок и правовых ценностей

The scientific article presents the results of socio-philosophical study of one of the unresolved problems in many evaluation-value theories, namely, the problem of creating a unified classification of values and evaluations. In this context, the problem of classification of legal values and legal evaluations is not an exception. Classification of legal values as opposed to the classification of legal evaluations is a sufficiently researched topic in modern philosophy of law and jurisprudence. However, in social philosophy the issue of classification of the concepts of “legal values” and “legal assessments” has not been the subject of a separate study. In order to conduct this classification, it is necessary to thoroughly understand the content of these concepts. Legal values and legal assessments are defined by means of the generic concepts of “social values” and “social assessments”. In addition to the classical definition in the socio-philosophical study of legal values and legal assessments, contextual definition and comparative analysis are applied. As a result, the problem of classification of legal assessments and legal values is solved through social-philosophical understanding of existing classifications of these concepts and proposing their own variants of classification.

Իրավունքի հնարավորությունից իրականություն վերածման կառուցակարգը իրավահասկացողության հիմնական տիպերի համայնապատկերում / The Mechanism of Transforming Law from Possibility into Reality within the Framework of the Main Types of Legal Understanding

The elucidation and understanding of the mechanism of transforming law from possibility into reality are largely determined by legal understanding. Therefore, the author considers it necessary to comprehensively analyze and interpret this mechanism within the framework of the main concepts (approaches) of legal understanding. In particular, the discussed mechanism is examined from the standpoint of two main types of legal understanding: first, the legalistic-normative type, and then the jural type. During the analysis from the standpoint of jural understanding, the stages of the mechanism of the transformation of law from possibility into reality are presented in detail, where "objective" law serves as the criterion for law. The author also analyzes the unique reflection of this mechanism in Hegel’s “Philosophy of Law”. Essentially, based on the positions of the integral approach to legal understanding, this mechanism is revealed through the method of ascending philosophical categories from the abstract to the concrete. According to the conclusion presented in the article, the mechanism of the transformation of law from possibility into reality has a complex, multifaceted, multistage and changeable nature, the elucidation of which undoubtedly depends on legal understanding. Regressive and outdated are all those approaches that, based on formal, legalistic - normative understanding of law, view the discussed mechanism only in a narrow sense - as the implementation of officially acting positive law in public legal relations through state coercion. These approaches are being replaced by concepts based on the differences between law and legislation, which, on the basis of the jural (also mixed) type of legal understanding, analyze the discussed mechanism in a broader sense, from a philosophical standpoint, taking into account the essence of law, the objective requirements of law, the active role of legal subjects, etc. From the methodological perspective of this legal understanding, the examined mechanism acquires new content, which, according to the author, is essential for resolving the issue of transforming law from possibility into reality.

Методологические проблемы осмысления связи права и морали

In the article, questions of the methodology of the study of the connection between law and morality appear as a search for its conceptual basis, which would make it possible not to discard, but only to overcome the shortcomings of the dominant stereotyped perception of this connection, formed within the framework of classical and modern German philosophy of law. The essence of the author’s position is that the question of the nature and essence of the connection between law and morality is in the field of comparison of legal and moral consciousness.

A Comparison of Schools of Law in Philosophy: Natural Law, Positive Law, and Modern Schools

A Comparison of Schools of Law in Philosophy: Natural Law, Positive Law, and Modern Schools

Антиномічна реалізація природного права

Each person plans something, designs and tries to implement this program into practical life activities. Of course, not everything planned becomes real, and sometimes things are implemented that were not thoroughly thought about. In the philosophy of law, of particular interest is the completeness and quality of the implementation of natural laws, on the basis of which a person forms natural law for himself according to his intelligible and sensitive endowments. Then comes realization as the implementation of the project of one’s actions and behavior, necessary for the acquisition of spiritual paradigms and material needs. There is a difference between the implementation of natural law and the implementation of positive law. In the first case, a natural-supernatural source unfolds, and in the second, the will of the legislator. Both are mandatory. Only the natural-supernatural source is guided by its own narratives, and the will of the legislator – by state narratives. Both narratives are not immune to antinomies. Therefore, antinomic realization is directed in two directions – natural law and positive law. Of greater interest is the first direction, which is original. Antinomic implementation of natural law means that there are conflicting or opposing interpretations of the observance, implementation, use or application of natural law in different contexts or among different groups of people. This may arise due to differences in how exactly to understand and implement natural law in different situations. First, let’s make it clear: how can and is there a need to implement antinomic norms? Is such scientific thought ontological? We believe that there are three main life positions of the antinomic realization of natural law as one’s intellectual evaluations, about the possibility of acting in a certain way, not seeing evil (non-ontological) intentions in this.

Reception of Roman Private Law in Ukrainian Civil Law as Confirmation of Belonging to the European Legal Family

The article is devoted to current issues of civil law, as well as Roman private law in Ukraine. The purpose of the article is to trace the influence of Roman private law on the development of civil law. In the course of the research, a number of general scientific and special methods of cognition were used, including: historical, dialectical, comparative-legal, logical analysis, formal-legal and other methods. Our legal culture has received Roman law, which became the basis for civil law and is still reflected in modern Ukrainian legislation. In the course of the study, it was established that the Civil Code of Ukraine contains articles that are evidence of both direct and indirect reception. Direct reception occurs when the ideas and provisions of Roman private law are transmitted directly from the primary sources of Ancient Roman law. Indirect (derivative) reception occurred when Roman legal ideas and legal solutions were borrowed not directly from primary sources, but through those legal systems where reception had occurred earlier. That is, indirect reception is the perception of the law of other states where this process has already taken place, and not directly through the primary source. We can affirm the successful reception of Roman law in Ukraine through the basic principles of law, moral and social values, which became the basis of the legal provisions of Roman law and the achievements of human social culture. Therefore, the achievements of Roman law are not only in the formation of civil law in Ukraine, but also in the ability to expand legal thinking and respect for law as a value and the main achievement of society. It can be unequivocally stated that civil law, being part of the Romano-Germanic legal system, is a reproduction of Roman private law, which on the one hand, through centuries-old transformation, has acquired a corresponding theoretical content and remains unchanged and relevant to this day. The conclusions obtained during the study of the influence of Roman private law on the development of civil law as a whole develop both the theory of civil law and the philosophy of law and serve as a subject for further research on the genesis of civil law institutions, the origin and essence of most legal norms in Ukrainian civil law.

Globalism and civilization in the paradigm philosophy of law

Globalism and civilization in the paradigm philosophy of law

THERE IS NO SUCH THING AS THE SEPARABILITY THESIS

Abstract One commendable aspect of the ruminations by H.L.A Hart on legal positivism, which quite a few contemporary philosophers of law have not fully absorbed, is that he recognised the diversity of the points of contention that have pitted the devotees of positivism against the devotees of natural-law theories. Whereas some present-day philosophers of law are inclined to refer to “the separability thesis” of legal positivism – with the definite article “the” as a signal that there is one defining point of dispute between legal positivists and their opponents – Hart knew that there is no single such thesis. Natural-law theorists have in fact postulated numerous connections between law and morality which putatively clinch the character of law as an inherently moral phenomenon, and legal positivists have posed challenges to each of those connections or to the claim that any unchallenged connection serves to establish the inherently moral character of law.

Philosophy of law as projectual philosophy: the juridical-philosophical critique in the crisis of utopian thought

Resumo A crítica jusfilosófica contemporânea tem exercitado sobretudo uma dimensão negativa, deixando de apresentar uma dimensão positiva, propositiva, que oferte o novo, tão necessário em tempos de crise do pensamento utópico e de suposta ausência de alternativas. Propõe-se, então, reavaliar como a filosofia do direito, na condição de filosofia prática, ao tematizar o agir, prescreve e oferece possibilidades de futuro. Para tanto, examinar-se-á a conjetura, em Reale, e a imaginação institucional, em Unger, extraindo-lhes elementos para repropor a jusfilosofia como pensamento projetual. Concluir-se-á que a filosofia do direito possui potencialidades imaginativas que podem ser aproveitadas a fim de conceber projetos de novas normas, instituições e sociedades, reaproximando pensamento e ação.

Ideological and methodological foundations of the «idea of law» by Gustav Radbruch

The famous German legal philosopher G. Radbruch has gone through a complex scientific path which influenced both his worldview and methodological foundations of the concepts proposed by him. The study traces the evolution of Radbruch’s philosophy of law, which was formed under the influence of representatives of neo-Kantianism, in particular G. Simmel, H. Rickert, E. Lask and the school of «free law” – G. Kantorovich, as well as historical events – the domination of Nazism in Germany. The authors reveal the peculiarities of G. Radbruch’s methodology; his position is based on the neo-Kantian methodology of distinguishing between “what is” and “what ought to be”, on the methodology of the philosophy of values and the principle that it is logically impossible from what is to derive what is valuable, what is right, what ought to be. G. Radbruch viewed law as a cultural phenomenon, a value fact that differs from other normative systems by a special value that is important for the realization of justice. The law as a phenomenon has a positive form ( statute, custom, international agreement) and social significance (regulates human behaviour and relations). But law also has a normative character (it is an evaluation and a requirement for reality), it also has a social purpose (which is to achieve the public good), it has an individual purpose (which is to realise and ensure human rights) and a nature of universality, and therefore equality and it should embody justice. The authors examine the well-known and fundamental concept of the “idea of law” which is fundamental to Radbruch’s philosophy and consists of three elements: justice, expediency (sustability), and legal certainty. The idea of law is an essential requirement for positive law; it legitimizes it, makes it “correct law” and “lawfull law (statute)”. Legislation that does not embody the idea of law essentially loses its legal nature. Justice is the formal equal treatment of equals and unequal treatment of unequals. Legal certainty reflects the social and individual purpose of law and justifies human freedom, equality and uniqueness on the basis of human value. Expediency (sustability) is the clarity, certainty, and comprehensibility of the law and should be understood as a basis for ensuring justice. G. Radbruch’s concept of the “idea of law” is essentially a modern theory of the legitimation of positive law.

Study Of The Legal Responsibility Of Developers For The Provision Of Public Facilities And Social Facilities

The enforcement of law is an integral aspect of the legal system's functioning, and it is often criticized with phrases like "no viral, no justice" or "law is sharp downwards, blunt upwards." In this context, how does the philosophy of law play a role in upholding the integrity of law enforcement, and how can a legal enforcement system be grounded in the rationality of legal philosophy. The provision of public facilities and social facilities in housing is needed for the welfare and comfort of the community in housing. The provision of these facilities involves developers and the Government. In accordance with Cirebon Regency Regional Regulation No. 7 of 2015 the implementation of the provision of infrastructure and facilities in housing refers to the principles of openness, accountability, legal certainty, partiality, and sustainability. In connection with this, the purpose of this paper is to be able to find out the Developer's responsibility in carrying out the procurement of public facilities and social facilities as a condition of submission of housing to the Local Government. The method of approach used here is socio-legal which is associated with social problems. Related to the management of infrastructure and facilities in housing is still a problem, namely the developer has not submitted housing facilities to the Local Government. This happened due to the default of the developer to consumers and the lack of assertiveness of the Regional Government in implementing Government Regulation No. 6 of 2015.

Positioning Of Legal Philosophy To Maintain The Dignity Of Law Enforcement

The enforcement of law is an integral aspect of the legal system's functioning, and it is often criticized with phrases like "no viral, no justice" or "law is sharp downwards, blunt upwards." In this context, how does the philosophy of law play a role in upholding the integrity of law enforcement, and how can a legal enforcement system be grounded in the rationality of legal philosophy. This type of research is normative with a conceptual approach based on secondary data. Secondary data is obtained through literature review and then analyzed qualitatively. Based on the analysis, it is found that the role of legal philosophy in maintaining the integrity of law enforcement involves guiding law enforcers to work effectively, respect, follow, and consistently apply rules to create balanced relationships by providing rights to everyone through fair and proportional procedures. A legal enforcement system based on the rationality of legal philosophy would involve: Methodical Enforcement: Law enforcement. is conducted in a structured and systematic manner. Systematic Enforcement: Law enforcement follows a structured process. Coherent Enforcement: Law enforcement is logically consistent. Rational Enforcement: Law enforcement is based on reason rather than emotion. Comprehensive Enforcement: Law enforcement addresses all relevant aspects comprehensively. Radical Enforcement: Law enforcement applies thoroughly and decisively. Universal Enforcement: Law enforcement is applied universally, ensuring that it is fair and equal for all. This research confirms that a strong and integrated legal philosophy position in the law enforcement system is the key to maintaining and enhancing the dignity of the law itself. This requires commitment from all legal stakeholders to continue to apply and develop the principles of legal philosophy in every aspect of law enforcement.

Eco-Maqāṣid in Climate Change Campaigns: From an Ecolinguistics Study to the Philosophy of Islamic Law

This article aims to uncover ‘eco-maqāṣid’, an Islamic legal philosophy related to environmental awareness. Using a multimodality approach, the study begins by understanding the textual and visual meaning of climate change campaigns with Islamic themes on the @greenpeace.id Instagram account. The data were further explored through ecolinguistic studies to reveal The Stories We Live By, Ecological Philosophy (ecosophy), and Maqāṣid al-Sharī’ah. The findings show that the type of story constructed through the representation of the relationship between images and text is predominantly in the category of Salience, highlighting the importance of maqāṣid principles to environmental aspects. The principle of hifz al-nafs supports the promotion of environmental sustainability to protect Muslim health from the impacts of climate change. Hifz al-māl plays a role in the efforts of mitigation and adaptation to the threats of climate change to protect the assets and economic well-being of Muslim communities. Hifz al-nasl is related to the sustainable prese­­­rvation of Islamic rituals, holidays, and cultural traditions. Meanwhile, hifz al-dīn is reflected in the endeavor to care for the environment as a religious duty manifested from Quranic verses and Hadith. Hifz al-‘aql resonates with strengthening environmental education through Ulama advice and Islamic ethics. Finally, all ḍarūriyyāt al-khams advocates for the protection of all elements in nature. This integration of maqāṣid into ecosophy illustrates how Islamic principles guide environmental management against climate change, creating a framework called ‘eco-maqāṣid’.

On the way to a sovereign philosophy of Russian law A. I. Bastrykin, К. F. Ismagilov, М. P. Salnikov. The idea of goodness шn the works of А.M. Dostoevsky and its influence on the development of the philosophy of law (to the 200th anniversary of F. M. Dostoevsky) / intro. by A. I. Aleksandrov. St. Petersburg: university foundation, 2021. –

The article is a review of the monographs by A. I. Bastrykin, R. F. Ismagilov, V. P. Salnikov “The idea of Goodness in the works of F. M. Dostoevsky and its influence on the development of the Philosophy of Law (to the 200th anniversary of F. M. Dostoevsky)” (2021) and by S. I. Zakhartsev, D. V. Maslennikov, V. P. Salnikov “The logos of law: Parmenides – Hegel – Dostoevsky. On the question of the speculative-logical foundations of the metaphysics of law” (2019) and is devoted to the formation of the philosophical foundations of the theory of law, which are considered in the general context of the collective work of St. Petersburg philosophers and lawyers to develop a sovereign Philosophy of Law under the leadership of Professor V. P. Salnikov.

Philosophical and legal ideas of F.M. Dostoevsky in modern legal doctrine A. I. Bastrykin, R. F. Ismagilov, V. P. Salnikov. The idea of goodness in the works of F.M. Dostoevsky and its influence on the development of the philosophy of law (to the 200th anniversary of F. M. Dostoevsky) / opening speech by A. I. Aleksandrov. 2nd, rev. and exp.

In the presented review, the authors provide a doctrinal content characteristic of the current ideas and scientific provisions of the monograph by A. I. Bastrykin, R. F. Ismagilov, V. P. Salnikov “The idea of Goodness in the works of F. M. Dostoevsky and its influence on the development of the Philosophy of Law (to the 200th anniversary of F. M. Dostoevsky”. It is noted that this scientific work is devoted to a complex of currently relevant philosophical and legal problems, related to the understanding of goodness and evil. until now has this topic not found its worthy philosophical and historical-legal justification, as well as unambiguous perception and interpretation both among scientists and among various social groups of Russian society. The authors of the review note that the appearance of the second edition of the monograph is positive for science and practice, and also the fact that this work once again raises questions traditional for the domestic intelligentsia in the philosophical and legal discourse.

RENEWABLE ENERGY DEVELOPMENT TOWARDS SUSTAINABLE DEVELOPMENT GOALS: A REVIEW IN THAILAND AND THE PHILIPPINES’ LAWS AND POLICIES

Background and Purpose: Renewable energy (RE) plays a significant role in providing sustainable and clean energy as well as mitigating climate change. With the increased energy demand to support the growth of the economic sector, Thailand and the Philippines have moved towards improved energy cooperation, where renewable energy is an important subject matter in line with Target 7 of the Sustainable Development Goals (SDGs). Thailand and the Philippines have embarked on renewable energy projects and introduced numerous laws and policies to incentivise such an agenda. Nevertheless, the contribution of renewable energy in these countries' energy portfolios remains insignificant. Thus, this study aims to examine the current renewable energy laws and policies in Thailand and the Philippines, in assisting these countries to achieve the SDGs. Methodology: This study used a library-research methodology including statutory and conceptual approaches that focus on the laws and policies on renewable energy in Thailand and the Philippines. The utility of conceptual analysis is to understand the concepts and relevance of renewable energy and SDGs in the philosophies of environment, sustainability and law. Findings: Despite the fact RE provides opportunities in respect to socioeconomic development, energy access, energy security, and climate change mitigation, the existence of barriers to RE development leads to obstacles in accelerating RE’s share in the energy mix in Thailand and the Philippines. Comprehensive laws and policies to support renewable energy development are required to address these challenges. Nevertheless, legal frameworks are only one aspect that contributes to RE development. Governments' support through various incentives including financial and economic instruments are critical to navigating the transition toward a cleaner and affordable energy sector. Contributions: This study enhances the body of knowledge by examining the initiative for renewable energy development, advocating for comprehensive legal frameworks, and emphasizing the societal importance of government support to drive RE's role in sustainable development in Thailand and the Philippines. Keywords: Renewable energy, legal framework, policy, Thailand, Philippines. Cite as: Ghazali, F., Abdul Shukor, S. F., & Karim, R. (2024). Renewable energy development towards sustainable development goals: A review in Thailand and the Philippines’ laws and policies. Journal of Nusantara Studies, 9(2), 1-33. http://dx.doi.org/10.24200/jonus.vol9iss2pp1-33