Natural Law Research Articles

Regula Et Mensura: Philosophical Exploration of Moral Position in The Indonesian Legal System According to The Thoughts of Thomas Aquinas

The relationship between law and morals in the perspective of legal thought focuses on the conflict between positivism and natural law. The main problem concerns whether or not there is a relationship between the two rules which influence the existence and validity of legal rules so that they bind members of society. The aim of this research is to find out the legal system in Indonesia and how the position of moral values is towards the legal system in Indonesia and its practice in the justice system in Indonesia. The research method used in this writing is a normative juridicial method, namely legal research conducted by examining library materials and examining laws and regulations related to the problem. The results of this study indicate that the moral position is very influential on the legal system in Indonesia and in its enforcement, because the morale of law enforcement officials is needed to archive true justice. Good law enforcement requires implementation that is directed at the process of archiving goals which includes the actualization of values/morals towards law enforcement officials or often referred to as the legal structure that underlines and becomes a reference for the behavior of law enforcement processes, which is aimed at at achieving legal goals. To elements of good law enforcement.

Necessitarianism in Leibniz with a view to contingency in natural science and theology

AbstractLeibniz distinguishes between contingent truths and necessary truths, but many commentators worry that Leibniz's contingent truths are not truly contingent. While scholars who consider Leibniz in the context of his work in the natural sciences often view Leibniz as a forerunner of the theory of contingent truths, scholars who consider his theological views tend to be considerably more concerned about the space for contingent truths in his system. This paper examines Leibniz's theory of contingent truths and shows that there are two distinct and initially unrelated dilemmas that forced the young Leibniz of the 1670s to recognize that not all things are necessary and prompted him to develop an idea of contingency: the first concerned natural laws in natural science and the other his idea of the theodicy. The present paper argues that Leibniz's theory of contingent truths based on the principle of sufficient reason is a solution to the question of the validity of natural laws and does not lead to necessitarianism. However, Leibniz maintains a series of commitments in theology, which push him towards necessitarianism throughout his lifetime.

Asymmetrische Gegenbegriffe in Laktanz’ ‚Politischer Theologie‘

Abstract Lactantius’ theology is a ‚political theology‘ containing numerous asymmetrical counter-concepts. These are used to establish contradictory group constellations in whose negative part the negative others – the ‚out-group‘ – cannot necessarily recognise themselves. Among these counter-concepts, the moral-anthropological opposition of ‚the good‘ (boni) and ‚the evil‘ (mali) is of particular importance. Lactantius’ counter-concepts are politicised because they convey extremely polarised determinations of the degree of association and dissociation of human beings. These counter-concepts are also religious, because they are related to aspects of salvation history, natural law, soteriology, and eschatology. Due to their references to salvation history, Lactantius’ political group terminologies fit into the history of the radicalisation of asymmetrical counter-concepts, which stretches from antiquity to modernity and was identified by Reinhart Koselleck. Lactantius’ ‘political theology’, however, plays a special role in this history of radicalisation and violence, because, on the one hand, it marks the point at which distinctive political semantics became theologically charged. On the other hand, Lactantius did not unchain the potential for violence that was inherent in the counter-concepts. Therefore, his ‘political theology’ did not contain any praxeology or justification of violence from the Christian side.

SOME LEGAL ASPECTS OF THE IMPLEMENTATION OF THE EUROPEAN GREEN DEAL IN THE CONTEXT OF THE TRANSITION TO THE USE OF RENEWABLE ENERGY SOURCES IN UKRAINE

The article is devoted to the study of the legal aspects of the European Green Deal implementation in Ukraine, in particular in the context of the energy sector transformation the by increasing the share of renewable energy sources. There have been examined the key trends in the legal development of renewable energy and determines the environmental challenges caused by climate change and other negative factors affecting the environment, as well as analyzes the potential possibilities of adapting national environmental legislation to European legal standards in the field of renewable energy use. The author emphasizes the economic, social and environmental benefits of achieving the goals of the European Green Deal on the way to ensuring the sustainable development of Ukraine, calling for the creation of a clear and coherent system of legislation dedicated to the legal regulation of renewable energy in Ukraine. The results of the study points the urgency of creating an effective legal framework for the economy green transformation and the adaptation of energy and environmental policies to European requirements and standards. In the context of modern global environmental problems related to climate change, excessive pollution of atmospheric air, water and forest ecosystems, soil degradation as a result of both increasing anthropogenic load on natural resources and due to the development of objective laws of nature, one of the key priorities European environmental policy outlined the transition to the principles of sustainable development, which, in turn, generated the need to search for optimal mechanisms and concepts for ensuring such a transition. The European Green Course, adopted by the EU in 2019, is an ambitious and progressive strategy for the transformation of the European continent into a climate-neutral one by 2050. As a comprehensive conceptual package of legislative initiatives, to achieve this goal, the European Green Course includes not only the reduction of greenhouse gas emissions into the atmosphere, but also a significant increase in the share of renewable energy sources, an increase in the energy efficiency of European countries, and the integration of the energy markets of individual countries with the EU energy market. For Ukraine, the issue of implementing a policy of sustainable development by transitioning to the use of renewable energy sources is not only part of its European integration obligations, but also a time-tested necessity, taking into account the state of the country’s energy sector both during the war period and in the context of the post-war reconstruction of our country.

Legitimate self-affirmation of a person in society

It was found that a number of objective and subjective factors influence the choice of value guidelines and the formation of individual legal value attitudes. The formation of a legal vector of human behavior in the modern legal space requires the development of personal qualities of a person through legal education, the development of value-based legal orientations, legal culture, and legal awareness. It is emphasized that a person’s legal awareness, as a set of ideas and perceptions of a person about positive law, must be formed on the principle of interconnection and complementarity of natural and positive law. In a legal state and a democratic society, a person should feel this interaction in the dominance of universal values and principles originating from the norms of natural law, as well as anthropocentrism in the norms of positive law. The formation of the legal culture of an individual through awareness of the purpose of law, its content, and basic ideas is a guarantee of respect for law and human rights and contributes to the formation of a valuable legal worldview and understanding of the principles of functioning of a civilized society. It is noted that today the state must take care that citizens have the proper level of legal culture and legal awareness, and also, it is important that this process is not ideological, but on the contrary, that a person feels that no one imposes any social models on him and ideals, except that legitimate self-assertion is encouraged. Attention is focused on the fact that the legitimate self-assertion of a person in society is the basis of his harmonious existence in the natural-legal field of the state within the natural­legal space and continues throughout life on the basis of learning the norms of social morality, universal ideals, awareness of the value and purpose of law and unconditionality in observance of basic human rights. The formation of a legitimate vector of individual development involves the interaction of the main social institutions for the development of legal culture, legal awareness and legitimate social attitudes, which will contribute to reducing the manifestations of illegal human behavior.

Constitutional Theory and Practice: Connecting Legal Philosophy with Legal Reality

This article explores the relationship between legal theory and constitutional practice, focusing on how the principles of legal philosophy are applied in a constitutional context. The constitution not only serves as the supreme legal framework within a country, but it also reflects its underlying values and philosophies. This article examines how various legal theories, including legal positivism, natural law, and critical legal studies, affect the interpretation and application of the constitution. Through this analysis, this article aims to bridge the understanding between legal theory and the reality of constitutional legal practice.

The Doctrine of Natural Law as the Ideology of the Western Legal Tradition

The Doctrine of Natural Law as the Ideology of the Western Legal Tradition

MUSIC IN PHILOSOPHICAL AND RELIGIOUS CONCEPTS OF CHINESE AND JAPANESE CULTURES

The article is devoted to the historical position of music in the philosophical and religious doctrines of Confucianism, Taoism, and Buddhism prevalent in Chinese and Japanese societies. The theoretical basis of the study is the ancient written monuments “Shi Jing” and “Kojiki”. The distinctive features of the musical art of Chinese and Japanese cultures, which continue to carry the rich heritage of past generations, are presented. The question of mutual in uences between the two countries and, as a consequence, the impact of Chinese culture on the formation of Japanese music is considered. The conclusion is made about the similarity of some provisions of many ancient cultures, in particular, about the existence of belief in the magical power of music aimed at overcoming the natural laws of nature. In China and Japan this myth was developed in the belief that music is able to transmit the powerful force of the human heart, re ect the interconnection of people and nature, demonstrate the naturalness of events.

Predictive musculoskeletal simulations reveal the mechanistic link between speed, posture and energetics among extant mammals

An unusual pattern among the scaling laws in nature is that the fastest animals are neither the largest, nor the smallest, but rather intermediately sized. Because of the enormous diversity in animal shape, the mechanisms underlying this have long been difficult to determine. To address this, we challenge predictive human musculoskeletal simulations, scaled in mass from the size of a mouse (0.1 kg) to the size of an elephant (2000 kg), to move as fast as possible. Our models replicate patterns observed across extant animals including: (i) an intermediate optimal body mass for speed; (ii) a reduction in the cost of transport with increasing size; and (iii) crouched postures at smaller body masses and upright postures at larger body masses. Finally, we use our models to determine the mechanical limitations of speed with size, showing larger animals may be limited by their ability to produce muscular force while smaller animals are likely limited by their ability to produce larger ground reaction forces. Despite their bipedal gait, our models replicate patterns observed across quadrupedal animals, suggesting these biological phenomena likely represent general rules and are not the result of phylogenetic or other ecological factors that typically hinder comparative studies.

Disaster management of COVID-19: A study of India

COVID-19 capsulated the whole world in a dangerous loop of death and crippled the transformative capacity of science and technology to save the mankind. Law, once monopolized by man, was soon hijacked by the law of nature and the only remedy available was to draw boundaries (in form of lockdown). Legislative measures, medical facilities, and vaccine drives altogether helped in timely control of COVID-19; however, the world statistical data is evident of the fact that few countries were able to manage COVID-19 very well in contrast to others. It is true that no country was prepared for COVID-19 and neither was India, however, India objectified the interpretation of its existing legislations purposefully to control the spread of COVID-19. The objective of this article is to narrate the best practices adopted by India which helped in timely control of COVID-19 and finally suggest guidelines to control such pandemics in future. Keywords: COVID-19, Disaster Management, Drugs, Lockdown, Vaccines.

Natural Law and Thomistic Juridical Realism: Prospects for a Dialogue with Contemporary Legal Theory by Petar Popovic (review)

Natural Law and Thomistic Juridical Realism: Prospects for a Dialogue with Contemporary Legal Theory by Petar Popovic (review)

Brief summaries on symmetries in the history of physics–mathematics: James Clerk Maxwell (1865–1873), Emmy Noether (1915–1918) and Albert Einstein (1905–1926)

Abstract The physical phenomenon of symmetries and their physical–mathematical conceptualisation traverse the history of science, particularly in geometry, physics and mathematics. In order to understand and describe the laws of nature (in certain situations, e.g. status, relationships, applicability, fields etc.), scientists, historians and philosophers persistently worked on these subjects, particularly on the significance of gauge symmetry and its correlated mathematical operations (theorems, transformations, conserved quantities, violation, breaking, etc.). One of the main purposes is to understand when and how a violation - a breaking of symmetry - is performed. For the sake of brevity and taking into account the physics–mathematics relationship between Physics and Mathematics in the history of physics/mathematics, this paper concisely discusses the intellectual role played by the Physics and Mathematics relationships in the work by James Clerk Maxwell, Emmy Noether and Albert Einstein.

The Foot and the Spear: Enlightenment Natural Law, Translation, and Indigenous Sovereignty in Australia

The Foot and the Spear: Enlightenment Natural Law, Translation, and Indigenous Sovereignty in Australia

Apply the Laws, if They are Good: Moral Evaluations Linearly Predict Whether Judges Should Enforce the Law.

What should judges do when faced with immoral laws? Should they apply them without exception, since "the law is the law?" Or can exceptions be made for grossly immoral laws, such as historically, Nazi law? Surveying laypeople (N = 167) and people with some legal training (N = 141) on these matters, we find a surprisingly strong, monotonic relationship between people's subjective moral evaluation of laws and their judgments that these laws should be applied in concrete cases. This tendency is most pronounced among individuals who endorse natural law (i.e., the legal-philosophical view that immoral laws are not valid laws at all), and is attenuated when disagreement about the moral status of a law is considered reasonable. The relationship is equally strong for laypeople and for those with legal training. We situate our findings within the broader context of morality's influence on legal reasoning that experimental jurisprudence has uncovered in recent years, and consider normative implications.

Mnemonic Kalachakra: A Phenomenological Approach

Science fiction traditionally explores the impact of innovations, often set in futuristic contexts.Claire North’s novel The First Fifteen Lives of Harry August leverages a unique time travel premiseto delve into themes of life’s meaning and personal struggle. It emphasizes subjective experiencessuch as emotions and states, aligning with the philosophical movement of Phenomenology. The protagonist, a ‘mnemonic’ with perfect memory across lifetimes, exemplifies this concept.This paper examines how the novel’s depiction of ‘Kalachakras’ reflects Sartre’s Existentialismand Phenomenology, revealing how human existence transcends natural laws and highlightingthe essence of absurdity.

Essay About The Western History of Human Rights

Objective: The objective of this article was to investigate the historicity of Human Rights and Human Dignity, with an emphasis on the development of religious natural law in the Roman Catholic and Apostolic periods. Theoretical Framework: Works by renowned authors in Law, Social Sciences and Humanities were consulted, namely Plato, Aristotle, Thomas Aquinas, Hans Kelsen and Rafael Diehl. Method: The methodology used in this research was based on a holistic and multidisciplinary analysis, that is, empirical and documentary research was essential for the hermeneutic and conceptual analysis of Human Rights and Human Dignity. Results and Discussion: It is clear that the conceptual notion of human being was, is and seems to be influenced by religious and rationalist natural law perspectives. Implications of the Research: The research seeks to awaken readers to the historicity of Human Rights and Human Dignity, notably regarding apparently extra-legal precepts of natural law. Originality/Value: This study contributes to the Academy, in the sense of, dialectically, providing a dialogue between classical and contemporary theories on Human Rights and Human Dignity.

The Role of Higher Education in Humanistic Education for Students

Human values are a core value for every human being. Humanity will help people live together peacefully, will help people find the meaning of their lives. To effectively educate humanities for students, first of all, each school must be a truly humane environment, must innovate the educational mechanism and method. At the same time, it is necessary to find the compatibility of the value standards taught in the school with the natural development law of society to strengthen the belief in values in students. Therefore, research to continue educating and spreading humanity to students today is extremely necessary in both theory and practice, in order to contribute to building and nurturing generations of Vietnamese students who are perfect in personality with national and humanistic values suitable for the development of the new era.

ПРОФЕССОР ҚҰДАЙБЕРГЕН ҚУАНҰЛЫ ЖҰБАНОВ

The article tells about the life path, scientific and pedagogical works of the famous scientist in the applied field of Kazakh linguistics Kudaibergen Zhubanov. The article analyzes the scientific contribution of Professor K. Zhubanov to the formation and development of the Kazakh language: the conversion of the Kazakh alphabet and spelling rules, the transition of the Kazakh alphabet to Latin, the formation of Kazakh terminology, the compilation of the first Kazakh scientific textbooks, etc. Various aspects of the Kazakh language were considered by the scientist from a scientific point of view. In order to identify and reflect the natural laws of the Kazakh language, K. Zhubanov conducted an in-depth analysis of the grammatical, phonetic and lexical features of Kazakh words, as well as the laws of their historical development. In this article, various scientific works of the Professor, devoted to the issues of Kazakh linguistics, have been studied in detail: "Lecture courses on the Kazakh language", "Textbook on the Kazakh language grammar", "Kazakh language program", "New grammar", "Spelling and grammar rules of the Kazakh language”, “From the history of the Slavic language in the Kazakh language”, “Booklet on a book and a folded book”, “Formation of the Kazakh book language”, “The form of the booklet in the Kazakh language”.

The value of laws in chemistry

In philosophy, the empirical success of a science is often explained by the fact that it has managed to discover some law(s) of nature. This line of thought has not been thoroughly explored with respect to chemistry. The aim of this paper is to fill this gap by showing how we could think about laws in chemistry. Specifically, it briefly presents how laws of nature are understood in philosophy of science. It then discusses two case studies from chemistry—the periodic table and chemical reactions—and explains how general ideas about law-hood can be applied to these cases. Lastly, it presents research questions and philosophical problems that arise by considering chemistry from the perspective of laws. This analysis illustrates that there is value in thinking about laws in chemistry.

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