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101. Proceedings of the XXII World Congress of Philosophy: Volume > 11
Robin Geiß Shifting Frontiers on the Delineation of War and Peace
102. Proceedings of the XXII World Congress of Philosophy: Volume > 11
Cristian Rojas, Marco Galetta Indigenous Rights in The Venezuelan Legislation
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This paper is emphatically focused in the analysis on the indigenous problem such as it had been ruled by law in the different Venezuelan Constitutions since the foundation of the Republic in 1811. Our purpose does not go as far as to treat the ancestral indigenous problem in Venezuela because this would exceeds the limits of our study; although, we will do some references in relation to this question.
103. Proceedings of the XXII World Congress of Philosophy: Volume > 11
DongKai Li 民主是为了保护人权
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Freedom is natural, Human rights come from nature, human strive for happiness, in a civilization society, how to protect human right? how to help people strive for happiness? The answer is the democracy. Democracy is not simply a kind of political system, but the essence way to protect human right, the best way to help people get the happiness. So, the democracy political system, is used to protect people’s human rights, protect equality. To assist people get happiness, it is not only the political game frame rules. So, the way to judge a country’s political system democracy or not, is to see if that system could protect peoples’s human rights, if it could assist people’s working for happiness in economy and political, if it goes in the direction of human’s civilization. To judge democracy is not by the shape, but the essence inside. So, in different place /country, probably the democracy shape is not the same, but the democracy value, the democracy essence could be the same. Only the democracy political system is the only correct political system in civilization time. The root basis theory of my democracy come from my new ontology and cognition, as following : New ontology: The Onto is the uniform contradiction being. The essence of people: The uniform contrast body within people’s body, is “ ego and nonego.“ New Cognition: Cognition course moves by the force from the contrast between the Ego and Nonego within an exist being live body. “EGO” + “Nonego” →→ Force to move(N times) →→Feeling(N times) →→ Idea(N numbers) + thinking(N times) →→Knowledge (N numbers) ≈ Object →→ =Object
104. Proceedings of the XXII World Congress of Philosophy: Volume > 11
Jurate Morkuniene Human Rights and Human Security
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The main aim of the paper is to reflect the problem of the concept of human rights as well as to make analysis from the perspective of human security. The principal attention is paid to the fundamentals of human rights, first of all, to the human security. Only the world that ensures personal and national security and creative development for its entire people can be world of the real embodiment of human rights. Author considers the education as one of the backbones of human security due to the fact that education fulfils its true purpose by allowing individuals to make their own decisions and take control of their own lives; and creates persons identity. The possibility to develop a human and social identity means a real implementation of human rights. Human rights, based on human security and development, is a permanent process that takes its point of departure in human and social needs within cultural characteristics. So it means that human rights can not be defined once and for all.
105. Proceedings of the XXII World Congress of Philosophy: Volume > 11
Josef Bordat Humanitarian Intervention and Human Rights Education
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To ensure the protection of the human rights, the role of world community, confronted with a new kind of military violence and terrorism, is discussed under the concepts reaction and prevention, for on the one hand there is the attempt to protect human rights by humanitarian interventionism, that leads to so called“human rights wars” (Beck), on the other hand the UNO shows increasing efforts in preventative means like “human rights education”. These two aspects shall be discussed in the article by analyzing particularly the report The Responsibility To Protect (2001) by the International Commission on Intervention and StateSovereignty (ICISS) as well as the latest activities and plans of the United Nations concerning human rights education.
106. Proceedings of the XXII World Congress of Philosophy: Volume > 11
Plamen Makariev Group-Specific Rights: A Non-Essentialist Approach
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This paper is dealing with a contradiction in the theory and policy of minority rights: on the one hand the claims for such rights are justified by recognizing the value of the cultural identity of minority groups, on the other – the recognition of such a value implies an acceptance of a conservative and isolationist view onminority identities. Characterizing the latter view as essentialist I explore several alternatives for approaching the issue of minority rights in a different way and finally I reach the conclusion that one more convincing method of identifying the cultural needs of minority groups and the rights necessary for satisfying these needs could be the technique of public deliberation. Its application for this purpose could make the negotiating of group-specific rights much more flexible and politically unproblematic than at present.
107. Proceedings of the XXII World Congress of Philosophy: Volume > 11
Zhenrong Gan The Politically Pluralistic Conception of Human Rights
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This paper is a sketch of the politically pluralistic conception of human rights. The conception will be illustrated by a basic characteristic of human rights under the constraint of the fact in the political. It is pluralistic because it is compatible with different moral values and cultures with qualification. It is also political because it considers political actions in practice and it does not follow from any moral doctrine which may be more generally or intrinsically related to human rights. I attempt to propose that the politically pluralistic conception of human rights can response to a challenge from the fact of reasonable pluralism in international discourse and practice. The steps of my argument will be constructed as follows: first, I will propose that the point in the political is to solve the first political question (Q) whether we consider the situation of a state or of international societies; secondly, I will identify that the most important characteristic of human rights is that individuals should be treated equally in certain proper ways (C), and will argue that C can make a contribution to solve Q; thirdly, I suppose human rights can be accepted by different political arrangements or cultures with C qualification if they do not become part of the problem while solving Q; finally, I will propose that political arrangements or cultures with C qualification do not have to limit to liberalism. If these four steps are successful, then there is a politically pluralistic conception of human rights which is constructed without a moral doctrine and is compatible with reasonable pluralism in human rights practice.
108. Proceedings of the XXII World Congress of Philosophy: Volume > 11
Charles Courtney On Not Excluding the Poor Yet Again
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Many philosophers agree that human rights are helpful for defining poverty (poverty is a violation of human rights) and for overcoming poverty (human rights provide a standard for measuring progress). I briefly examine the recent contributions of Paul Ricoeur, who sees human rights declarations as the occasion for aconversation leading to practical wisdom, and Thomas Pogge, who argues for a reform of the global institutional order that has done much harm and prevented billions of people from having secure access to the objects of human rights. As a complement to the important contributions of Ricoeur and Pogge, I pose the question, Who should be the actors in the struggle against poverty? My answer, drawing on recent work by the United Nations Human Rights Commission, is that it is a violation of the human rights of those living in poverty if they are not full participants in the working for the eradication of poverty.
109. Proceedings of the XXII World Congress of Philosophy: Volume > 11
João Cardoso Rosas Human Rights: The Very Idea of a Short List
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In this paper I submit that, if one takes seriously the distinction between citizenship rights and human rights, the list of the latter must be minimized. Many of the rights that we are used to call human rights are, in fact, citizenship rights and they belong to a history of citizenship in some specific states around the world. Thelist of human rights must be much shorter than the list of citizenship rights, whatever that list may be in accordance with the grounds attributed to human rights by different philosophical approaches. My plea for a qualification of which rights should count as human rights and the idea of a short list challenges the consensus among international lawyers. Nevertheless, it does not aim at a critique of human rights as such. On the contrary, the general intention of the very idea of a short list is to strengthen the moral force of human rights in order to make them meaningful in different political contexts.
110. Proceedings of the XXII World Congress of Philosophy: Volume > 11
Saladin Meckled-Garcia How to Think about the Problem of Non-state Actors and Human Rights
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International Human Rights Law is clear in holding only states or state-like entities responsible for human rights abuses, yet activists and philosophers alike do not see any rational basis for this restriction in responsibility. Multi-national corporations, individuals and a whole array of other 'non‐state actors' are capable of harming vital human interests just as much as states, so why single-out the latter as human rights-responsible agents? In this paper I distinguish two ways of looking at human rights responsibility. One is simply in terms of the outcomes that are deemed desirable to avoid (or secure), and the other is in terms of the relationships one sees these moral standards as governing. I argue that the peculiar form of responsibility and responsiveness (the way of 'holding to account')inherent to human rights principles is directed at establishing a particular type of relationship: one in which individuals are empowered in the face of a very special form of communal power. Other kinds of relationship and potential transgression are more appropriately governed by different kinds of moral principles, such as those relating to criminality. The outcomes view fails to incorporate this insight and for that reason fails to see the distinct role played by human rights standards in our moral reasoning: they are precisely valuable because they provide a way to judge the relationship of individuals to the peculiar kind of power exercised by the state. Part of this project is a re-assessment of the methodology employed by philosophers in establishing moral principles and concepts, such as those relating to human rights standards.
111. Proceedings of the XXII World Congress of Philosophy: Volume > 11
Zhen-Rong Gan The Political Pluralistic Conception of Human Right
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There is a discrepancy between human rights theories and the contemporarily international human rights practice. The discrepancy is not only generated by theexpectable distance between the ideal and the real world, but also generated by the consequence which the orthodox conception of human rights theories cannot proper account for the role of human rights in the contemporarily international relations. Furthermore, the orthodox conception cannot be compatible with political pluralism; for it often justify the ground of human rights with human dignity and presuppose the independence and the autonomy of persons. I propose that the orthodox conception fails to supply two good reasons for dispelling the doubt on the western cultural imperialism---one is human rights may beaccepted by the different cultures and moral codes with the method of overlapping consensus; the other is the orthodox conception does not prefer to liberal values. Instead of the orthodox conception, I suggest that we have to justify the ground of human rights according to the political pluralistic conception if we hope human rights can be universalized in the world. The political pluralistic conception will not only avoid the doubt on the western cultural imperialism, but alsoconsist with the role of human rights in the contemporarily international relations.
112. Proceedings of the XXII World Congress of Philosophy: Volume > 11
DongKai Li 人权就是天赋的
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In order to meet the demand from ego, “I” move.”I” need the freedom to move, the purpose of my move is for my (ego) demand to support my living. And, only “I” know my this living demand, others, who are not in my body, so they do not know. So, in order to make “I” live, “I” must have the right and freedom to move/act/work. Without that right and freedom, “I” can not move, then, can not meet the demand from my “ego”, namely, can not live. So, after “I” was born, thefreedom and right for my living should be there with “me” by way of nature. Human rights just means that basic freedom and right for living gifted by nature when a people was born. Although, of course, very probably somebody seems has no freedom and right for himself, however, he does has his freedom and right which was gifted by the nature, even though his freedom and right was limited by others. If the human right is not gifted by nature, but given by somebody else, then, there will produce two question, one is from where, these “somebody else” who ever “gave” the right and freedom to other people, get their human right? another is , “I” was born by way of nature, if at same time, “I” has not human right, that means I was not able to move to meet my demand from my body , in this way, “I” will die, even though “I” still live, but my demand in my body was sometime or partly satisfied by somebody else, this means, “I” am not independent! But, after born, “I” am independent, an independent being in the world. How to demonstrate that “I” am independent by nature? This is a question. Only this question be resolved, then, human right get root logical basis. The way to confirm if a being independent or not, is to see if this being has a uniform contrast body inside this being. auniform contrast body could produce power itself, with this power, an independent being could exist by itself. To realize the uniform contrast body inside a being, we must find out the root uniform contrast body in the nature, namely, THE ONTO. After we find out the Onto, then, we know any uniform contrast body inside a being, is only a kind of specific uniform contrast body. For example, people, human being, inside a people, what is the uniform contrast body? Following is theanswer: MY New ontology: The Onto is the uniform contradiction being. The essence of people: The uniform contrast body within people’s body, is “ego and nonego. “New Cognition: Cognition course moves by the force from the contrast between the Ego and None go within an exist being live body. Following is the Cognition move course way: “EGO”+“Nonego”→→Force to move(N times)→→Feeling(N times)→→Idea(N numbers) + thinking(N times)→→Knowledge (N numbers) ≈ Object →→ =Object WITH ABOVE DEMONSTRATE WAY, we could be clear a human being, “I” was an independent being in the nature. So,human being must has the freedom and right for to be there as a living being.
113. Proceedings of the XXII World Congress of Philosophy: Volume > 11
Sivanandam Panneerselvam Human Rights in Indian Context: Traditional and Modern Approach
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Human Rights are fundamental. Rights should be considered natural to all human beings. Man, is born with some rights. These rights exist irrespective of the fact whether they are recognized by the society or not. Some rights of man are eternal to man and they are prior to States. These rights are known as “natural rights”. Para 3 of the Preamble to Universal Declaration of Human Rights says that whereas it is essential, if man is not be compelled to have recourse, as a last resort to rebellion against tyranny and oppression, that human right should be protected by the rule of law. All men and women, everyone in the world, are entitled to the rights and freedom contained in the Declaration without any discrimination. The human rights contained in the Universal Declaration may be divided intotwo categories: civil and political rights, which are usually insisted upon in the western liberal democracies; and economic, social and cultural rights, which are generally emphasized in the socialist democracies. The Constitution of India has issued two broad mandates to the Parliament, the Legislatures of the States and to all institutions of the Government. They are: (1) not to take away or abridge certain rights described as fundamental rights; and (2) to apply certain principles described as Directive Principles of State Policy. Both are interrelated. The social and economic obligations of the State are to protect the rights of the citizens prescribed in the ancient texts. To show the importance of human rights and to protect it, the President of India promulgated an Ordinance on September 28,1993 with a view to provide for the setting up of a National Human Rights Commission for better protection of Human Rights and for matters connected therewith.
114. Proceedings of the XXII World Congress of Philosophy: Volume > 11
Josef Bordat Menschenrechtskrieg und Menschenrechtserziehung
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To ensure the protection of the human rights, the role of world community, confronted with a new kind of military violence and terrorism, is discussed under the concepts reaction and prevention, for on the one hand there is the attempt to protect human rights by humanitarian interventionism, that leads to so called “human rights wars” (Beck), on the other hand the UNO shows increasing efforts in preventative means like “human rights education”. These two aspects shall be discussed in the article by analyzing particularly the report The Responsibility To Protect (2001) by the International Commission on Intervention and StateSovereignty (ICISS) as well as the latest activities and plans of the United Nations concerning human rights education.
115. Proceedings of the XXII World Congress of Philosophy: Volume > 11
Thummapudi. Bharathi Dr. Ambedkar’s Philosophy: A Step towards Total Humanism
116. Proceedings of the XXII World Congress of Philosophy: Volume > 12
Aya Ogawara Representing Our Existence: Comments on Cavell’s Discussion of Rohmer’s Conte d’hiver
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In the film Conte d’hiver directed by Eric Rohmer in 1992, the heroine is passionately in love with her boyfriend who is missing. She has faith in his reappearance. According to Stanley Cavell, she has found her existence within her desire to see him again, irrelevant to the world’s existence. However, her faith materializes in her way of living every day. She wagers her real life on the encounter and thus situates her existence in the world’s existence. At the ending,she really encounters him in the bus. According to Cavell, an encounter is an everyday event, because the world consists of strangers passing and we are destined to be passers-by who are coincidentally here and now with others. This can be seen when she moves from place to place among the crowd, including the scene ofthe encounter. Furthermore, in the scenes of her being in the transportations, the views from the windows look passing against passengers, as also in the scene of the encounter. The view, the world, looks itself passing in film, because its medium specificity is motion. Then film can show: we as passers-by encounter someone and something here and now in the world itself passing. That we choose how to live in the coincidental situation is our existence in the world’s existence.
117. Proceedings of the XXII World Congress of Philosophy: Volume > 12
Makoto Sekimura Relation Dynamique entre Image et Forme dans la Pensée de Platon
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On sait que Platon fait grand cas des êtres intelligibles en instaurant la théorie des Idées. Mais il n’est pas approprié de le considérer comme penseur qui néglige le rôle de l’apparence sensible. Ce philosophe demeure très sensible à la modalité par laquelle les phénomènes apparaissent dans le champ de notreperception. En distinguant deux types d’apparence : image et simulacre, il donne à l’image le rôle d’intermédiaire actif entre le sensible et l’intelligible. L’examen des modalités des actions humaines qui reçoivent et créent des images, nous aide à voir comment Platon intègre la fonction des images dans la structure de sa philosophie. La réception et la création des images sont étroitement reliées et synthétisées pour former le système original de Platon, système dans lequel le fondement de la théorie des Idées relève d’un certain dynamisme de l’action humaine. Dans la recherche relative à la modalité de réception et de création des images, je porte mon attention sur l’usage platonicien du terme tupos qui exprime le principe de la conformité de l’image et de son modèle.Notamment dans la théorie de la formation des futurs gardiens de la cité idéale, le tupos fonctionne, comme un principe qui réglemente et oriente à plusieurs niveaux les activités de la mimèsis et de la poièsis qui portent sur les images. La réflexion sur cette fonction conductrice
118. Proceedings of the XXII World Congress of Philosophy: Volume > 12
Sukyung Chung How a Map Works in the Land Arts
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Based on the Kantian aesthetics, Modernist critics insisted that an art experience is disinterested aesthetic experience different and independent from cognitive experience, and excluded the cognitive dimension from the art experience. But since 1960s, many art practices and theories that were challenging Modernismappeared. As a result, contemporary arts accept the cognitive dimension as an essential part of art experience. Minimalism made a great contribution to this change and established a new paradigm of art. Emphasis on the active and complicated experience of the viewer is representative. A land artist Robert Smithson used a symbol, a map to achieve that kind of experience. This thesis considers how he made use of a symbol in his work and how that symbol played in theexpansion of art experience.
119. Proceedings of the XXII World Congress of Philosophy: Volume > 12
Kuan-Min Huang The Ethical Image in a Topological Perspective: The Poetics of Gaston Bachelard
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In the poetics of Gaston Bachelard, the natural images, especially the four elements (fire, water, air, earth), occupy the eminent place for literary imagination. Under this main frame, this paper tries to present the relation of ethics and aesthetics in focusing on the ethical image as a synthetic concept. It also argues that the poetic imagination in Bachelard presupposes a metaphysical base managing the being, the force, the will, and the action. There is a dynamic structure in this metaphysics of imagination. Notwithstanding the usual separation of different spheres in philosophy, Bachelard urges a primary fusion in the cosmic scale, i.e.the world and the human are communicative and correspondent. Taking these principles into consideration, this paper explores the topological dimension in those poetic images of elements and space. The ontological sense of being-there is evaluated by the dynamic function of “there” in restoring its ethical meaning. Likewise, the terms “in front of the fire”, “before the water”, “in the water” are given the topological accents. The verticality indicating the dynamic function of the flight, of the falling, and of standing upright is topologically effective. In accordance to the verticality, the concept of survival contains an effect of surpassing the existential conditions, the prefix “sur-“ means that tentative of the higher degree. In sum, the cosmicity as the very place of ethical and ontological unificationreveals Bachelard’s concern on the imaginative transformation of the personality, the appropriation in the cosmos.
120. Proceedings of the XXII World Congress of Philosophy: Volume > 12
Jean-Jacques Wunenburger Contribution a une Logique Paradoxale du Symbolique
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l’expression symbolique gagne à être distinguée de la logique synthématique propre aux signes, comme une forme de pensée analogique et participative. Mais sa richesse nécessite une approche paradoxale : elle se donne à la fois comme libre et conventionnelle et comme motivée par une consistance sémantique interne ; elle apparaît à la fois comme transubjective et comme exposée à une compréhension hermeneutique subjective ; elle exige à la fois unedisposition existentielle qui en assure la réceptivité et un engagement actif de la totalité du sujet.