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series introduction
1. The Proceedings of the Twenty-First World Congress of Philosophy: Volume > 3
Ioanna Kuçuradi Series Introduction
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volume introduction
2. The Proceedings of the Twenty-First World Congress of Philosophy: Volume > 3
Zeynep Davran Volume Introduction
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section: philosophy of law
3. The Proceedings of the Twenty-First World Congress of Philosophy: Volume > 3
Yasemin Işiktaç The Philosophy of the Turkish Legal Revolution
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It is a fact that the reception of European codes into Turkish law was done bravely and without looking back. How and to what extent the European codes that were adopted in this way have affected social life is one of the difficult problems of sociology of law and philosophy of law. The above-mentioned historical perspective brings with it the following consequences: • The necessity of a uniform law; • The necessity to create a legal system that will deal satisfactorily with new events and developments; and • The necessity of a uniform law uniting me national body as the key to meeting the obligation of absolute independence in order to get rid of external pressures. The Turkish Revolution started with these targets and has been progressing in the same direction without any changes in its substantial content.
4. The Proceedings of the Twenty-First World Congress of Philosophy: Volume > 3
Sergey Shevtsov The Genealogy of the Feeling of Law in Orthodox Countries
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This paper investigates man's feeling of law, i . e. the perception of law, the comprehension of law and its influence on human activity, in the countries that have historically belonged to the Orthodox tradition. Consciousness of law is based, firstly, upon a concept of law, and, secondly upon a certain attitude to law, i.e. the place of this concept in everyday life and human activity. The paper treats those elements of the Orthodox outlook that constituted certain inherent mechanisms of culture, and thus greatly influenced the process of formation of the feeling of law in the countries of the Orthodox culture. These elements include interaction of the Orthodox Church and the State, then the problem of the meaning of life according to the Orthodox doctrine, and finally the way personality is perceived and treated in the Orthodox outlook. The paper also considers particular features of the Orthodox outlook as they were exposed in the course of the cultural history of Orthodox countries.
5. The Proceedings of the Twenty-First World Congress of Philosophy: Volume > 3
Michael Giudice Understanding Anti-Terrorism Legislation
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There is widespread agreement that the significant threat of terrorist activity and the importance we attach to safety and security demands that terrorists and terrorist activity be stifled as quickly and effectively as possible. However, much dominant thought about the very nature or approach taken to anti-terrorism legislation has gone without critical reflection. Drawing on a recent article by contemporary political philosopher Ronald Dworkin, in this paper I shall examine whether the metaphor of a balance, with safety or security pitted against individual rights or civil liberties, is an appropriate way to understand or approach anti-terrorism legislation. To simplify matters, I shall depart from close consideration of Canada's new anti-terrorism legislation (in particular the new power of preventive arrest which it creates), with the observation that it is reflective of many other countries' legislative response to terrorism.
6. The Proceedings of the Twenty-First World Congress of Philosophy: Volume > 3
Vincent Luizzi The "New Balance" Approach to Punishment and Its Utilitarian and Retributivist Rivals
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This essay investigates the possibility of veering from an approach of doing bad to the offender as the primary response to crime to one of requiring the offender to do good. This approach, in effect, has us offset the evil which the offender has placed on the scales of justice with good which the offender is required to produce; hence the conception of New Balance. The specific focus here is to identify important deficiencies in the major approaches of retributivism and utilitarian-deterrence theory to pave the way for New Balance.
7. The Proceedings of the Twenty-First World Congress of Philosophy: Volume > 3
Koray Tütüncü The Role of "Legality" in Kant's Moral Philosophy
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This study deals with the place and meaning of "legality" in Kant's moral philosophy. Although the return to Kantianism dominates contemporary political and legal thought, the boundaries of the analyses of the relationship between morality and legality in Kant's moral philosophy are confined to the boundaries drawn by John Rawls and Jürgen Habermas. While Rawls and Habermas consider law and morality as intersecting sets of rules and rights, they mostly consider this relationship in terms of the question of the legitimacy of law. By contrast, this study is an attempt to reconsider the Kantian link between morality and legality beyond the question of the legitimacy of law. Without the deontological filters of the Rawlsian and Habermasian political and legal theory, and therefore without leaving teleological and axiological concerns outside of the field of application, this study is an attempt to analyze the possible ways of understanding the conceptual connection between morality and legality in Kant's moral philosophy. Hence in this study, by paying particular attention to The Groundwork of the Metaphysics of Morals and The Metaphysics of Morals, I will analyze the role of legality in Kant's morality. The study first explains the goals of Groundwork and Metaphysics as Kant describes them. The study then turns to the discussion of duty as the central concept of Kant's thought. In the process, the study questions the possible ways of understanding the conceptual relationship between moral and legal obligation in Kant's thought, and mainly emphasizes two possible different conceptualizations of that relationship, (a) The first understanding can be constructed on the claim that the obligation of the moral subject is also to follow the fundamental principles of morality, the Categorical Imperative, in the legal order, which is part of the phenomenal world. The main point of this understanding lies in the idea that Kant's understanding of legal obligation presupposes the will's capacity to abstract from inclinations, (b) The second understanding, in contrast to the first one, can be built on the belief that moral and legal obligations should be conceived as completely distinct and non-intersecting in Kant's moral philosophy. From this perspective, neither moral obligation nor legal obligation can affect each other. The study concludes by focusing on moderate interventionism as a possible third option for linking moral and legal obligations in Kant's moral philosophy.
section: human rights
8. The Proceedings of the Twenty-First World Congress of Philosophy: Volume > 3
Şener Aktürk Perspectives on Daniel Bell's East Asian Challenge to Human Rights: East Asian Challenge or Alternative Trends within Modern Thought?
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The paper discusses situation-specific justifications for temporary curtailment of particular human rights, Asian justifications for Western values and human rights practices, and the plausibility of a distinctively East Asian conception of human interest and welfare that may justify a distinctively East Asian human rights regime. The paper argues that the so-called East Asian challenge is the prioritization of social and economic rights over civil and political rights and hence does not represent a culturally specific challenge but rather addresses a debate between commi. ütarians and liberals which already exists in the Western scholarly community. Marxist and other nonliberal critiques of civil and political rights are invoked and it is suggested that the relative weakness of the left intelligentsia since the end of the Cold W-r is responsible for the resurfacing of the formerly communitarian and Marxist emphasis on social and economic rights in cultural relativist disguise. The article further chums that it was through the industrial revolution and the corresponding discourse of modernity that these rights emerged within the theocentric cultural traditions of Wesiern Europe, and that the flourishing of human rights discourse in non-Western socie.!;.es will also follow and correspond to their economic development.
9. The Proceedings of the Twenty-First World Congress of Philosophy: Volume > 3
Sharon Anderson-Gold Cosmopolitan Community and the Law of World Citizenship
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In this paper I argue that Kant's concept of cosmopolitan right is the philosophical basis for contemporary international human rights. The law of world citizenship or cosmopolitan right is necessary in order to secure hospitable interactions between individuals and states. Such interactions in turn create an international civil culture or "cosmopolitan condition" which 1 is the source of the further specification and eventual codification of human rights. Human rights, I conclude, are universal because of their international significance and scope and are inherently linked to cosmopolitan values.
10. The Proceedings of the Twenty-First World Congress of Philosophy: Volume > 3
Erol Kuyurtar Are Cultural Group Rights against Individual Rights?
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This paper focuses on the nature of cultural group rights in relation to individual rights. The recent liberal acceptance that minority cultures should have a collective power over their cultural matters has been challenged by other liberals on the grounds that cultural rights as group rights cannot be reconciled with the basic moral and political principles of liberalism which are derived from individual liberties and rights. Through tackling some liberal arguments against group rights, we reject the view that regards group rights as normatively and practically incompatible with individual rights, and argue that group rights can be defended and justified on the ground that the interests and values protected through them are the shared interests and values of individuals. Thus, whether they are exercised individually or collectively, justifications of all group rights are derived from the interests and values that individuals have as members of the group. Like any other rights, cultural group rights also have some limitations. That is, the rights of a group to preserve its culture are limited by individual human rights, the rights of other relevant groups and the state.
11. The Proceedings of the Twenty-First World Congress of Philosophy: Volume > 3
Antonio Pérez-Estévez May Western Rights, by Extension, Become Human Rights?: A New Reading of John Rawls' The Law of Peoples
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The problem that underlies Rawls' The Law of Peoples is the problem of how something particular—western— may become universal and human. Rawls claims that he solves this problem by means of extending particular western rights to other non western peoples. The extension of western liberal rights is done by a second original position similar to the first one in A Theory of Justice. The paper tries to prove that the second original position, in its second step, is not similar to the first one and the parties taking part in this second original position are not symmetrically situated. Rawls' proposal falls into ethnocentrism and eurocentrism. The only way to transform particular rights into universal rights is by means of a universal multicultural dialogue where all peoples can make proposals and listen to other peoples' proposals.
12. The Proceedings of the Twenty-First World Congress of Philosophy: Volume > 3
Marjaana Kopperi Comprehensive Doctrines in Human Rights Discussion
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In the discussion of moral diversity the most influential approaches have been relativism, monism and minimum universalism. In this paper I argue, however, that this kind of general distinction is not as such very helpful. It does not show what is really decisive in those approaches and what is the crucial distinguishing feature among them. The most important issue, I think, is the relationship between rules that guide human beings in their pursuit of the good life and rules that specify what people can do in relation to one another. Generally speaking, moral doctrines, or theories, can be divided into two categories on the basis of their answer to this question. Some doctrines—which may be called comprehensive—begin with a definite account of the highest good and determine the rights and duties of human beings on the basis of this account. Other theories, non-comprehensive, treat these two as separate issues that should not be mixed. Although such a distinction is seldom explicitly made, its significance is evident, for instance in the current discussion of human rights. Various religiously and culturally motivated reinterpretations of human rights quite distinctively stand for the former view. Moreover, even though the Universal Declaration of Human Rights clearly represents the latter approach, it has been claimed that it nevertheless puts forward a specifically Western life ideal. In order to make sense of the human rights discourse at all, it is of fundamental importance to distinguish between comprehensive and non-comprehensive approaches. Without such a distinction it is difficult to determine how to deal with competing claims about the origin, range and content of human rights (or common moral standards), not to speak of deciding between these claims.
13. The Proceedings of the Twenty-First World Congress of Philosophy: Volume > 3
Chenyang Li International Human Rights Discourse as Moral Persuasion
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I argue that the nature of the international human rights discourse ("IHRD") is to promote certain moral values across various cultural traditions; as such, this should be done through persuasion; it should not merely be forcing people to change their behavior; it should seek to have people accept certain moral values that they have not embraced or accept certain moral values as more important than they have held them to be. With persuasion as a goal, we need to make strategies suitable for this purpose. The paper has the following sections.
14. The Proceedings of the Twenty-First World Congress of Philosophy: Volume > 3
Pierre Nzinzi De la réparation des préjudices de l'esclavage et de la Traite des Noirs: droit du plus faible ou droit de l'homme
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Du point de vue relativiste, la juridicite du droit a ete souvent mise en cause, en tant que norme inventee seulement par ou pour l'homme faible, inapte, bourgeois ou occidental. Cette critique s'attaque particulierement aux droits de l'homme auxquels la mobilisation dune certaine opinion africaine voudrait cependant ajouter le droit aux reparations des prejudices subis pendant l'esclavage et la Traite des Noirs. Souvent ou facilement reduit au droit du plus faible, ce droit semble cependant avoir quelque chance d'etre au moins lu dans un contexte favorable de progres de la conscience morale universelle attestee.
15. The Proceedings of the Twenty-First World Congress of Philosophy: Volume > 3
Norman K. Swazo Whose Culture? Which Rights?: The West's "Collocution" with the Margin?
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At an international conference on philosophy and anthropology held in 1968, French deconstructionist Jacques Derrida remarked that an international philosophical encounter is an extremely rare thing in the world. Twenty years later, American moral philosopher Alasdair Maclntyre argued that moral discourse today entails the recognition that there are many rationalities, each with its conception of justice, such that one must ask the questions, "Which rationality? Whose justice?" In this paper I take note of these observations with reference to the claim that human rights have universal validity, recognizing that international discussions about this claim are moments in which "the West" presumably experiences a "collocution" with discourses from "the margin". My argument proceeds to conclude that any legitimate discussion of human rights must acknowledge the need for movement from cultural hierarchy to cultural symmetry, thereby conceding that traditions alien to the Western tradition of moral discourse may be superior in rationality, both theoretical and practical, thereby being instructive about the requirements of global justice.
16. The Proceedings of the Twenty-First World Congress of Philosophy: Volume > 3
Andrew Hunter Indigenous Peoples' Intellectual Property
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The present paper examines conventional wisdom on the subject of the justification of indigenous peoples' intellectual property rights, and offers an alternative approach. The examination is achieved by a critique of two such conventional approaches in terms of the strength of each argument employed, and in terms of the efficacy of each in the roles allotted to them. The first such argument is Stenson and Gray's application of Kymlicka's individualist theory advocating national minority autonomy. The second argument is the labour entitlement theory of property acquisition, as advanced by Locke and Nozick. These theories only explain how a liberal social contract theorist would construct justifications from the outside. That this is inadequate is shown by reference to a case study involving indigenous claims against Australian law based on indigenous customary law. There, appeals are not made to abstract theory, but to tribal imperative. This observation finds sympathetic support in a reading of Hegel's philosophy of history. Hegel finds spirit in all peoples at all times. To Hegel, non-state peoples are developmentally prior to states; this means that states have developed dialectically from such peoples and cannot therefore deny them without self-contradiction. This places an onus upon a state that has subsumed an indigenous people to accommodate its laws and ways.
17. The Proceedings of the Twenty-First World Congress of Philosophy: Volume > 3
Hans-Eberhard Heyke Über die Würde des Menschen
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Seit alters her wird die Würde des Menschen von den Philosophen erörtert, jedoch in der Gegenwart hat sie noch eine besondere Bedeutung nicht nur bei den Fragen der Menschenrechte sondern auch in der Medizin gewonnen. Klassische Philosophie, Rechtsphilosophie, Medizinethik, Bioethik sind betroffen, doch es ist zu fragen, ob nicht auch der Chemie und die Chemische Ethik, deren Grundzüge ich auch auf dem XX. Weltkongreß für Philosophie in Boston vorzutragen Gelegenheit hatte, in die Untersuchung einbezogen werden müssen. Es ist nämlich die Möglichkeit zu bedenken, daß die Würde des Menschen auch in der chemischen Struktur des Menschen verankert ist und so mit auf Gen chemischen Weg weitervererbt werden könnte.
18. The Proceedings of the Twenty-First World Congress of Philosophy: Volume > 3
Mitsuo Okamoto Peace Culture in Hiroshima
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Fifty-seven years ago. Hiroshima and Nagasaki were annihilated by unprecedented state terrorism. But survivors of both cities never said "Remember Hiroshima and Nagasaki!" No survivors harbored the feeling "once recovered from devastation of the holy land, Japan will not fail to revenge". Instead, they realized in the atomic inferno that violence begets violence and pledged: "Rest in peace. We will never repeat the mistakes. No more Hiroshima, No more Nagasaki".
19. The Proceedings of the Twenty-First World Congress of Philosophy: Volume > 3
Nickolay Stepanov Language Acts as a Conceptual Basis of Language Policy (On the Material of the Ethnic Republics of Central Russia)
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The article presents a case study of ethno-linguistic policy in the ethnic Republics of Central Russia (the Chuvash Republic and the Republic of Tatarstan), with special emphasis on the analysis of language acts and correlated legislation. It raises an important problem concerning the efficacy of the Language Laws and their conceptual foundations. One of the main assets in facing this problem is adequate reflection on the actual ethno-linguistic situation by the legislature, ensuring peaceful and productive social development. Analysis of the conceptual fundamentals and the concrete language laws in action as well as instrumental interaction shows a wide range of factors influencing the efficacy of policies. Acknowledgement of the bilingual situation by the legislatures of the Republics manifests a valuable perspective on productive development, provided the language laws are implemented intelligently and supported in the educational and cultural spheres. Multilingualism as a universal form of socialization should be recognized as a valuable opportunity and receive the necessary legislative support.
20. The Proceedings of the Twenty-First World Congress of Philosophy: Volume > 3
Mary-Rose Barral Freedom and Human Rights
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Human beings are endowed by the Source of their existence on earth with those inalienable rights which all members of humanity ought to respect. Freedom, in all its basic forms, is the root of these rights, but sadly, it is not the patrimony of all the people of the world. Political, societal, even domestic situations often deprive persons of this personal endowment. Basically, a philosophy of life, construed on a set of false premises, rejects some persons and/or peoples as unworthy of the freedom which is their right.