Search results for: freedom charter

Authors: Sara Chinnasamy, Michelle Gun, M. Adnan Hashim

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Federal Constitution guarantees Malaysians the right to free speech and expression; yet hatred speech can be commonly found on social media platforms such as Facebook, Twitter, and Instagram. In Malaysia social media sphere, most hatred speech involves religion, race and politics. Recent cases of racial attacks on social media have created social tensions among Malaysians. Many Malaysians always argue on their rights to freedom of speech. However, there are laws that limit their expression to the public and protecting social media users from being a victim of hate speech. This paper aims to explore the attitude and involvement of Malaysian netizens towards freedom of speech and hatred speech on social media. It also examines the relationship between involvement in hatred speech among Malaysian netizens and attitude towards freedom of speech. For most Malaysians, practicing total freedom of speech in the open is unthinkable. As a result, the best channel to articulate their feelings and opinions liberally is the internet. With the advent of the internet medium, more and more Malaysians are conveying their viewpoints using the various internet channels although sensitivity of the audience is seldom taken into account. Consequently, this situation has led to pockets of social disharmony among the citizens. Although this unhealthy activity is denounced by the authority, netizens are generally of the view that they have the right to write anything they want. Using the quantitative method, survey was conducted among Malaysians aged between 18 and 50 years who are active social media users. Results from the survey reveal that despite a weak relationship level between hatred speech involvement on social media and attitude towards freedom of speech, the association is still considerably significant. As such, it can be safely presumed that hatred speech on social media occurs due to the freedom of speech that exists by way of social media channels.

Keywords: freedom of speech, hatred speech, social media, Malaysia, netizens

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Authors: Akbar Jamali

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Many scholars consider Hegel’s philosophy of art as the greatest theory of aesthetics since Aristotle’s Poetics. ‘Freedom’ distinguishes modern, especially German Idealism with Greek philosophy. Therefore, introducing and contemplating on Hegel’s Aesthetics as a whole, freedom as the essence of art, Hegel’s controversial claim on the end of art, and the relation of art and state is the main theme of this study. Hegel’s aesthetics is to be understood in his whole system. According to Hegel’s speculative philosophy, being is to be understood as self-determining Reason or Idea. The self-determining Reason actualizes and realizes himself in the course of history. Idea in the process of self-actualization becomes more and more rational. It first actualizes itself in matter, then in non-conscious life, finally in conscious and self-conscious life. Self-conscious life is the most rational stage of development of Idea in which the subject can think and imagine, use language and exercise freedom. Hegel calls this self-conscious life Spirit (Geist). Therefore, emergence of human being is an essential moment in the process of self-determination of Reason. It is not accidental rather a necessity. The essence of spirit is freedom. Since the history is the process of the self-actualization if spirit, humankind becomes more and more, free. Spirit in its ‘Absolute’ form manifests itself into three forms; Art, Religion and philosophy. Art is the first stage in which Spirit understands itself. In fact, Art is the expression of human spirit, which is comprehended by our senses. Beauty is defined as the sensuous expression of free Spirit. The purpose of art is, therefore, to express, enjoy and contemplate on our freedom. State belongs to the realm of Objective spirit, while Art along with Religion and philosophy belong to the realm of Absolute Spirit. Absolute spirit is superior to Objective Spirit; therefore, state must not interfere in the realm of art. Limitation on art by state directly violates freedom and prevents development of national spirit. Genuine art leads us to freedom and richness of (national) Spirit. Using Hegel’s philosophy of art, we can comprehend why totalitarian states try to limit art and, why artists are the enemy of totalitarian states. In this philosophical system, we contemplate on art as a way to freedom and emancipation.

Keywords: aesthetics, freedom, spirit, state

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Authors: Abdelouaheb Rouabhi

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In order to study the plastic resource of structures, the elastic-plastic single degree of freedom model described by Prandtl diagram is widely used. The generalization of this model to tow degree of freedom beyond the scope of a simple rigid-plastic system allows investigating the plastic resource of structures under complex disproportionate by individual components of deformation (earthquake). This macro-model greatly increases the accuracy of the calculations carried out. At the same time, the implementation of the proposed macro-model calculations easier than the detailed dynamic elastic-plastic calculations existing software systems such as ANSYS.

Keywords: elastic-plastic, single degree of freedom model, rigid-plastic system, plastic resource, complex plastic deformation, macro-model

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Authors: Mohsen Farshad

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Information and force definition has been intertwined with the concept of entropy for many years. The displacement information of degrees of freedom with Brownian motions at a given temperature in space emerges as an entropic force between species. Here, we use this concept of entropy to understand the underlying physics behind the formation of attractive and repulsive forces by imagining that space is filled with free Brownian degrees of freedom. We incorporate the radius of bodies and the distance between them into entropic force relation systematically. Using this modified gravitational entropic force, we derive the attractive entropic force between bodies without considering their spin. We further hypothesize a possible mechanism for the formation of the repulsive force between two bodies. We visually elaborate that the repulsive entropic force will be manifested through the rotation of degrees of freedom around the spinning particles.

Keywords: entropy, information, force, Brownian Motions

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Authors: Zeynep Selin Acar

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In international system, there has always been a cycle of violence, war and peace. As there travels the time, after Christianity and later Just War theorists, international relations theorists have been tried to limit violence and war. As pieces of international law, Peace of Augsburg, Kellog-Briand Pact, League of Nations Covenant and UN Charter were and are still not effective to prevent war. Moreover, in order to find a way around these rules, it is believed that a new excuse started to be used instead of violence or war, humanitarian intervention. However, it has neither a legal nor a universally accepted framework. As a result, it is open to be manipulated by states. In order to prevent this, Responsibility to Protect (RtoP) which gives a state the responsibility to protect its citizens against violence, is created. Additionally, RtoP transfers this responsibility to regional or international group of states at the time when a state is the origin of violence. In the lights of these, this paper analyzes RtoP as an ethical approach to war and peace studies because it provides other states as guardians and care-takers of people who do not belong to them or do not share any togetherness.

Keywords: ethics, humanitarian intervention, responsibility to protect, UN charter

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Authors: Sepideh Khavarinezhad, Paolo Pietro Biancone

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This paper sheds light on how gender entrepreneurship is influenced by economic freedom in OECD countries. Our study empirically explores the interaction of financial institutions and its effect of both motivations on total entrepreneurial activities (TEA) of women and men in these countries and to discuss the differences between women and men in this field, which is always a hot topic in entrepreneurship. Employing a dynamic method, we conducted panel data analysis in the time frame from 2012-2015. In this regard, we evaluate the relationship between the Index of Economic Freedoms and its three years, and both indicators of Global Entrepreneurship Monitor (GEM) on supportive financial institutions. We investigate that economic liberalization tends to persuade men and women entrepreneurs to start their businesses or to reduce motivation entrepreneurship. In particular, our paper demonstrates that motivation entrepreneurship seems to benefit from government support and fade barriers in legal structure in business, while we expect to confirm that free trade and economic freedom stimulate the entrepreneur’s motivation and their participation to start own business.

Keywords: economic freedom, gender entrepreneurship, financial institutions, OECD countries

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Authors: Sara Vora (Hoxha)

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An essential feature of any international lawsuit is the ability of the parties to pick the law that would apply in the event of a tort claim. This option to choose the law to use in tort cases is based on Article 14 and 4/3 of the Rome II Regulation. The purpose of this article is to examine the boundaries of this freedom, as well as its relevance in international legal disputes. The article opens with a brief introduction to the basics of tort law. After a short introduction, the article demonstrates why Article 14 and 4/3 of the Rome II Regulation are so crucial to the right to select appropriate law in tort cases. The notion of the right to select the law to use in tort cases is examined, along with its breadth and possible restrictions. The article presents case studies to demonstrate how the right to select relevant law in tort might be put into practise. Case results and the judges' rationales for their rulings are examined. The possible influence of the right to select applicable law in tort on the process of harmonisation is also explored in this study. The results are summarised and the primary research question is addressed in the last section of the paper. In conclusion, the parties' ability to pick the law that rules their dispute via the freedom to choose relevant law in tort is a crucial feature of cross-border litigation. Despite certain restrictions, this freedom is nevertheless an important part of the legal structure that governs international conflicts.

Keywords: applicable law, tort, Rome II regulation, freedom to choose, cross-border litigation, harmonization of tort law

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Authors: J. Sagouis, A. Chamel, E. Carre, C. Casasreales, G. Rudnik, M. Cerdan

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Robotics provides answers to amputees. The most expensive solutions surgically connect the prosthesis to nerve endings. There are also several types of non-invasive technologies that recover nerve messages passing through the muscles. After analyzing these messages, myoelectric prostheses perform the desired movement. The main goal is to avoid all surgeries, which can be heavy and offer cheaper alternatives. For an amputee, we use valid muscles to recover the electrical signal involved in a muscle movement. EMG sensors placed on the muscle allows us to measure a potential difference, which our program transforms into control for a robotic arm with two degrees of freedom. We have shown the feasibility of non-invasive prostheses with two degrees of freedom. Signal analysis and an increase in degrees of freedom is still being improved.

Keywords: prosthesis, electromyography (EMG), robotic arm, nerve message

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Authors: Sylvia Mac

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This ethnographic case study examines disaster capitalism, neoliberal market-based school reforms, and disability through the lens of Disability Studies in Education. More specifically, it explores neoliberalism and special education at a small, urban charter school in a large city in California and the (re)production of social inequality. The study uses Sociology of Special Education to examine the ways in which special education is used to sort and stratify disabled students. At a time when rhetoric surrounding public schools is framed in catastrophic and dismal language in order to justify the privatization of public education, small urban charter schools must be examined to learn if they are living up to their promise or acting as another way to maintain economic and racial segregation. The study concludes that neoliberal contexts threaten successful inclusive education and normalize poor, disabled students’ continued low achievement and poor post-secondary outcomes. This ethnographic case study took place at a small urban charter school in a large city in California. Participants included three special education students, the special education teacher, the special education assistant, a regular education teacher, and the two founders and charter writers. The school claimed to have a push-in model of special education where all special education students were fully included in the general education classroom. Although presented as fully inclusive, some special education students also attended a pull-out class called Study Skills. The study found that inclusion and neoliberalism are differing ideologies that cannot co-exist. Successful inclusive environments cannot thrive while under the influences of neoliberal education policies such as efficiency and cost-cutting. Additionally, the push for students to join the global knowledge economy means that more and more low attainers are further marginalized and kept in poverty. At this school, neoliberal ideology eclipsed the promise of inclusive education for special education students. This case study has shown the need for inclusive education to be interrogated through lenses that consider macro factors, such as neoliberal ideology in public education, as well as the emerging global knowledge economy and increasing income inequality. Barriers to inclusion inside the school, such as teachers’ attitudes, teacher preparedness, and school infrastructure paint only part of the picture. Inclusive education is also threatened by neoliberal ideology that shifts the responsibility from the state to the individual. This ideology is dangerous because it reifies the stereotypes of disabled students as lazy, needs drains on already dwindling budgets. If these stereotypes persist, inclusive education will have a difficult time succeeding. In order to more fully examine the ways in which inclusive education can become truly emancipatory, we need more analysis on the relationship between neoliberalism, disability, and special education.

Keywords: case study, disaster capitalism, inclusive education, neoliberalism

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Authors: Haveesha Buddhdev

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The most important right for a human being in a society is the freedom of expression as stated by Article 18 and 19 of the Universal Declaration of Human rights pledged by member states of United Nations. Will it be fair to expect him/her to be of sound mental health if this right is taken away? Religion as a primary social institution controls many rights, freedoms and duties of people in a society. It does so by imposing certain values and beliefs on people which would either enhance quality of life or curb their freedom adversely thus affecting individual mental health. This paper aims to study the positive and negative role that religion plays in influencing one’s freedom of expression. This paper will focus on reviewing existing studies on the positive and negative impacts of religion on mental health. It will also contain data collected by the researcher about the impacts of religion on freedom of expression which will be obtained by surveying a sample of 30 adolescents and young adults. The researcher will use a Likert scale for these purpose, with response options ranging from strongly disagree to strongly agree and quantify it accordingly. Descriptive statistics would be used to analyse the data. Such research would help to identify possible problems faced by adolescents and young adults when it comes to religio-cultural ethos and also facilitate further researches to study the role that religion plays in mental health.

Keywords: cultural Ethos, freedom of expression, adolescent mental health, social science

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Authors: Khalid Achaat

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It is difficult to speak about freedom of the press in Algeria without first talking to fifty-seven journalists killed in the country between 1993 and 1997 and the five missing journalists. No serious investigation was conducted to find the culprits. When a State is not able to guarantee law, there is no justice and violations of the law become "systematic". How to claim the freedom of press in Algeria, when death becomes "banal"? In these circumstances, can we talk of rights of the Algerian press? It is impossible to understand the problems of the press in Algeria, focusing solely legal issues. Take into account technical, financial and political. Their respective roles varies depending on whether one focuses on the collection of information, the regime of the newspaper company or publication and dissemination. Can we say that the Algerian press is "the freest in the Arab world", while the latter reflects only partially the real problems facing the country? While any newspaper company is subject, de facto, to an authorization scheme, permanently subjected to the constant threat of withdrawal of the authorization, suspension, prohibition or closure without it has the right to a remedy? Can it be free when the majority of "media owners", head of the largest daily newspapers are derived from the single party in power since independence? Some of this release does not it serves the interests of the Algerian power?

Keywords: freedom, press, power, closure, suspension

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Authors: Siavash Soltani Hemmat

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Although 21st-century humanity is at the height of technology and has stepped toward the endless boundaries of knowledge, there are still people in many parts of the world who are deprived of even the most fundamental freedoms. Whereas without freedom, no possible meaning can be imagined for human life, none of the human talents will have the chance to flourish, and that man will be reduced to the level of an animal, removing the obstacles to human freedom, especially from the viewpoint of thoughts, is of utmost importance, in which the liberal ideas of the modern centuries have played an incomparable role. The aim of the present study is to introduce and explain the liberal ideas in the modern centuries and their role in the expansion of human freedoms in order to weaken and discredit the ideological and intellectual barriers to restricting the freedom of individuals and to pave the way for the liberation of humanity. A descriptive method has been employed in order to achieve the objectives of the research. Besides, for data collection, a library method has been conducted. In this study, three ideological teachings of the social contract , resistance against unjust governance and natural law were recognized as the foundations of the realization of fundamental freedoms of the people in the modern centuries and their content was explained and examined.

Keywords: freedom, natural law, social contract, resistance

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Authors: Khaled I. Nawafleh

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In this paper, it provide the canonical approach for studying dissipated oscillators based on the doubling of degrees of freedom. Clearly, expressions for Lagrangians of the elementary modes of the system are given, which ends with the familiar classical equations of motion for the dissipative oscillator. The equation for one variable is the time reversed of the motion of the second variable. it discuss in detail the extended Bateman Lagrangian specifically for a dual extended damped oscillator time-dependent. A Hamilton-Jacobi analysis showing the equivalence with the Lagrangian approach is also obtained. For that purpose, the techniques of separation of variables were applied, and the quantization process was achieved.

Keywords: doubling of degrees of freedom, dissipated harmonic oscillator, Hamilton-Jacobi, time-dependent lagrangians, quantization

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Authors: J. Jayaletchmi

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In seeking to manage a multiracial and multi-religious society, Singapore provides a unique solution – a dual court system whereby a common law system co-exists with a Syariah law system that administers Syariah law for the Muslim population. In this respect, Singapore seems to provide a feasible example of legal pluralism to countries grappling with a burgeoning Muslim population. However, problems have arisen regarding this peaceful coexistence of secular and religious laws that seek to balance the rights of women and religious freedom. Singapore’s interpretation of Syariah law in the context of marriage and divorce has resulted in certain inequalities for Muslim women, which are exemplified in light of the Women’s Charter, a landmark piece of legislation which provides the legal basis for equity between husband and wife, but excludes Muslims from its ambit. The success of Singapore’s dual court system has largely been at the expense of Muslim women’s rights, and, as a result, the Muslim community as a whole has begun trailing behind the progressive society it forms a part of. This paper explores the prevailing unfairness of rules governing Muslim marriage and divorce in Singapore, and puts forth bold reforms.

Keywords: legal pluralism, Singapore, Syariah law, women’s rights

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Authors: Ramanen Sugunesegran, Michael L. Williams

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Over the past two decades surgical approaches for mitral valve (MV) disease have evolved with the advent of minimally invasive techniques. Robotic mitral valve repair (RMVr) safety and efficacy has been well documented, however, mid- to long-term data are limited. The aim of this review was to provide a comprehensive analysis of the available mid- to long-term term data for RMVr. Electronic searches of five databases were performed to identify all relevant studies reporting minimum 5-year data on RMVr. Pre-defined primary outcomes of interest were overall survival, freedom from MV reoperation and freedom from moderate or worse mitral regurgitation (MR) at 5-years or more post-RMVr. A meta-analysis of proportions or means was performed, utilizing a random effects model, to present the data. Kaplan-Meier curves were aggregated using reconstructed individual patient data. Nine studies totaling 3,300 patients undergoing RMVr were identified. Rates of overall survival at 1-, 5- and 10-years were 99.2%, 97.4% and 92.3%, respectively. Freedom from MV reoperation at 8-years post RMVr was 95.0%. Freedom from moderate or worse MR at 7-years was 86.0%. Rates of early post-operative complications were low with only 0.2% all-cause mortality and 1.0% cerebrovascular accident. Reoperation for bleeding was low at 2.2% and successful RMVr was 99.8%. Mean intensive care unit and hospital stay were 22.4 hours and 5.2 days, respectively. RMVr is a safe procedure with low rates of early mortality and other complications. It can be performed with low complication rates in high volume, experienced centers. Evaluation of available mid-term data post-RMVr suggests favorable rates of overall survival, freedom from MV reoperation and freedom from moderate or worse MR recurrence.

Keywords: mitral valve disease, mitral valve repair, robotic cardiac surgery, robotic mitral valve repair

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Authors: Yotaro Natani

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In his recent works, Frankfurt School theorist Axel Honneth elucidates an intersubjective notion of social freedom and outlines a vision of socialism as the realization of social freedom in the family, market economy, and public sphere. These arguments are part of his broader project of defending the tradition of immanent critique and normative reconstruction. In contrast, American Marxist sociologist Erik Olin Wright spells out a vision of socialism in terms of building real utopias -democratic, egalitarian, alternative institutions- through the exercise of civil society’s social power over the economy and state. Wright identifies ‘eroding capitalism’ as the framework for thinking about the strategic logics of gradually diminishing the dominance of capitalism. Both thinkers envision the transition toward socialism in terms of democratic experimentation; Honneth is more attentive to the immanent norms of social life, whereas Wright is better aware of the power of antagonistic structures. This paper attempts to synthesize the ideas of Honneth and Wright. It will show that Honneth’s critique of capitalism suffers from certain ambiguities because he attributes normative legitimacy to existing institutions, resulting in arguments that do not problematize aspects of capitalist structures. This paper will argue that incorporating the notion of power and thematizing the erosion of capitalism as a long-term goal for socialist change will allow Honneth to think more precisely about the conditions for realizing social freedom, in a manner that is still consistent with the immanent critique tradition. Such reformulation will result in a concept of social freedom that is less static and rooted in functional teleology and more oriented toward creative agency and experimental democracy.

Keywords: Axel Honneth, immanent critique, real utopias, social freedom, socialism

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Authors: Tomasz Lewinski

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The right to know becomes gradually recognised as an increasing number of states adopts national legislations regarding access to state-held information. Laws differ from each other in the scope of the right to information (hereinafter: RTI). In all regimes of RTI, there are exceptions from the general notion of the right. States’ authorities too often use exceptions to justify refusals to requests for state-held information. This paper sets out how states hamper RTI basing on the notion of exception and by not providing an effective procedure that could redress unlawful denials. This paper bases on two selected examples of RTI incorporation into the national legal regime, United Kingdom, and South Africa. It succinctly outlines the international standard given in Article 19 of the International Covenant on Civil and Political Rights (hereinafter: ICCPR) and its influence on the RTI in selected countries. It shortly demonstrates as a background to further analysis the Human Rights Committee’s jurisprudence and standards articulated by successive Special Rapporteurs on freedom of opinion and expression. Subsequently, it presents a brief comparison of these standards with the regional standards, namely the African Charter on Human and Peoples' Rights and the European Convention on Human Rights. It critically discusses the regimes of exceptions in RTI legislations in respective national laws. It shows how excessive these regimes are, what implications they have for the transparency in general. Also, the objective is to divide exceptions enumerated in legislations of selected states in relation to exceptions provided in Article 19 of the ICCPR. Basing on the established division of exceptions by its natures, it compares both regimes of exceptions related to the principle of national security. That is to compare jurisprudence of domestic courts, and overview practices of states’ authorities applied to RTI requests. The paper evaluates remedies available in legislations, including contexts of the length and costs of the subsequent proceedings. This provides a general assessment of the given mechanisms and present potential risks of its ineffectiveness. The paper relies on examination of the national legislations, comments of the credible non-governmental organisations (e.g. The Public's Right to Know Principles on Freedom of Information Legislation by the Article 19, The Tshwane Principles on National Security and the Right to Information), academics and also the research of the relevant judgements delivered by domestic and international courts. Conclusion assesses whether selected countries’ legislations go in line with international law and trends, whether the jurisprudence of the regional courts provide appropriate benchmarks for national courts to address RTI issues effectively. Furthermore, it identifies the largest disadvantages of current legislations and to what outcomes it leads in domestic courts jurisprudences. In the end, it provides recommendations and policy arguments for states to improve transparency and support local organisations in their endeavours to establish more transparent states and societies.

Keywords: access to information, freedom of information, national security, right to know, transparency

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Authors: Valbona Metaj

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The relationship between the state and the religion is different based on the fact that how powerful is the religion faith in a state and of the influences that affected the views of the constitution drafters according to the constitutional system they were based to draft their constitution. This paper aims at providing, through a comparative methodology, how it is regulated by the constitution the relationship between the state and the religion. The object of this study are the constitutions of Italy as a nation with catholic religious tradition, Greece as a nation with orthodox religion tradition, and Turkey as a nation which represents Muslim religion, while Albania as a nation known for its religious plurality. In particular, the analysis will be focused on the secular or religious principle provided in the constitution of each respective state. This comparative overview intends to discern which of the states analyzed is more tolerant and fully respects the freedom of religion. It results that most of the states subject of this study, despite their religious tradition have chosen the secular principle in their constitutions, but the religious freedom is differently guaranteed.

Keywords: constitution, religion, religious freedom, secular

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Authors: Anwar ul Haq

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Muhammad Iqbal was arguably the most significant South Asian Islamic philosopher of the last two centuries. While he is the most revered philosopher of the region, particularly in Pakistan, he is probably the least studied philosopher outside the region. The paper offers a philosophical reconstruction of Iqbal’s view of human agency; it has three sections. Section 1 focuses on Iqbal’s starting point of reflection in practical philosophy (inspired by Kant): our consciousness of ourselves as free agents. The paper brings out Iqbal’s continuity with Kant but also his divergence, in particular his non-Kantian view that we possess a non-sensory intuition of ourselves as free personal causes. It also offer an argument on Iqbal’s behalf for this claim, which is meant as a defense against a Kantian objection to the possibility of intuition of freedom and a skeptic’s challenge to the possibility of freedom in general. Remaining part of the paper offers a reconstruction of Iqbal’s two preconditions of the possibility of free agency. Section 2 discusses the first precondition, namely, the unity of consciousness involved in thought (this is a precondition of agency whether or not it is free). The unity has two aspects, a quantitative (or numerical) aspect and a qualitative (or rational) one. Section 2 offers a defense of these two aspects of the unity of consciousness presupposed by agency by focusing, with Iqbal, on the case of inference.Section 3 discusses a second precondition of the possibility of free agency, that thought and will must be identical in a free agent. Iqbal offers this condition in relief against Bergson’s view. Bergson (on Iqbal’s reading of him) argues that freedom of the will is possible only if the will’s ends are entirely its own and are wholly undetermined by anything from without, not even by thought. Iqbal observes that Bergson’s position ends in an insurmountable dualism of will and thought. Bergson’s view, Iqbal argues in particular, rests on an untenable conception of what an end consists in. An end, correctly understood, is framed by a thinking faculty, the intellect, and not by an extra-rational faculty. The present section outlines Iqbal’s argument for this claim, which rests on the premise that ends possess a certain unity which is intrinsic to particular ends and holds together different ends, and this unity is none other than the quantitative and qualitative unity of a thinking consciousness but in its practical application. Having secured the rational origin of ends, Iqbal argues that a free will must be identical with thought, or else it will be determined from without and won’t be free on that account. Freedom of the self is not a freedom from thought but a freedom in thought: it involves the ability to live a thoughtful life.

Keywords: iqbal, freedom, will, self

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Authors: Jan Podkowik

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The article discusses issues of mutual relationships of human dignity and personal autonomy. According to constitutions of many countries and international human rights law, human dignity is a fundamental and inviolable value. It is the source of all freedoms and rights, including personal autonomy. Human dignity, as an inherent, inalienable and non-gradable value comprising an attribute of all people, justifies freedom of action according to one's will and following one's vision of good life. On the other hand, human dignity imposes immanent restrictions to personal autonomy regarding decisions on commercialization of the one’s body, etc. It points to the paradox of dignity – the source of freedom and conditions (basic) of its limitations. The paper shows the theoretical concept of human dignity as an objective value among legal systems, determining the boundaries of legal protection of personal autonomy. It is not, therefore, the relevant perception of human dignity and freedom as opposite values. Reference point has been made the normative provisions of the Polish Constitution and the European Convention on Human Rights and Fundamental Freedoms as well as judgments of constitutional courts.

Keywords: autonomy, constitution, human dignity, human rights

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Authors: Aleksandra Dragojlov

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Since the election of Aleksandar Vučić and the Progressives, Serbia has witnessed a slow decline in media freedom, which has been worse than in the 1990s. Although the government adopted a package of three laws in August 2014 to bring the media landscape up to European standards, the implementation of the laws has been limited and marginal, with the progressives engaging in fake compliance. The adoption of the new media strategy for 2020-2025 in 2020 has not led to genuine domestic reform and compliance with EU conditionality. In fact, the EU Commission and journalists’ associations in Serbia have criticised the decline in Serbia’s media freedom citing continued attacks on journalists and indirect political and economic control through advertising and project co-financing, which continue to be features of the Serbian media landscape. In the absence of clear and credible EU conditionality, the decline of media freedom is in the eye of the beholder, where the gap between public engagements with Serbian politicians and the critical stance of progress reports regarding the degradation of the media have enabled Serbian elites to exploit this ambiguity to continue their strategy of fake compliance vis-a-vis rule of law. This study used a mixed methods approach combining both primary and secondary sources with those semi-structured interviews via Zoom, email, and in person with EU and Serbian officials and journalists. Our findings add to the studies where the lack of clear and credible conditionality has allowed Serbia politicians to exploit them in a manner that would suit their own interests, finding new means to retain their control over the media. We argued and concluded that it is this discrepancy between public engagements with Serbia and the progress reports in the area of freedom of expression that has not led to genuine domestic media reforms in Serbia and instead allowed Serbian elites to engage in a strategy of fake and even non-compliance towards media freedom conditionality.

Keywords: media freedom, EU conditionality, Serbia, fake compliance, EU integration, Chapter 23, justice and fundamental rights

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Authors: Luna Shamieh

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Various players are part of the game in an asymmetric war, all making efforts to provide human security to their own adherents. Although a fragile state is not able to provide sufficient and comprehensive services, it still provides special services and security to the elite; the insurgents as well provide services and security to their associates. The humanitarian organisations, on the other hand, provide some fundamental elements of human security, but only in the regions, they are able to access when possible (if possible). The counterinsurgents (security forces of the state and intervention forces) operate within a narrow band defined by the vision of the responsibility to protect and the perspective of the resolution of the conflict through combat; hence, the possibility to provide human security is shaken at this end. This article examines how each player provides human security from the perspective of freedom from want in order to secure basic and strategic needs, freedom from fear through providing protection against all kinds of violence, and the freedom to live in dignity. It identifies a vicious cycle caused by the intervention of the different players causing a centrifugal force that may lead to disintegration of the nation under war.

Keywords: asymmetric war, counterinsurgency, fragile state, human security, insurgency

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Authors: Kareem Adedokun

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Official secrecy is one of the colonial vestiges which upholds non – disclosure of essential information for public consumption. Information, though an indispensable tool in tax administration, is not to be divulged by any person in an official duty of the revenue agency. As a matter o fact, the Federal Inland Revenue Service (Establishment) Act, 2007 emphasizes secrecy and confidentiality in dealing with tax payer’s document, information, returns and assessment in a manner reminiscent of protecting tax payer’s privacy in all situations. It is so serious that any violation attracts criminal sanction. However, Nigeria, being a democratic and egalitarian state recently enacted Freedom of Information Act which heralded in openness in governance and takes away the confidentialities associated with official secrets Laws. Official secrecy no doubts contradicts the philosophy of freedom of information but maintaining a proper balance between protected rights of tax payers and public interest which revenue agency upholds is an uphill task. Adopting the Doctrinal method, therefore, the author of this paper probes into the real nature of the relationship between taxpayers and Revenue Agencies. It also interfaces official secrecy with the doctrine of Freedom of Information and consequently queries the retention of non – disclosure clause under Federal Inland Revenue Service (Establishment) Act (FIRSEA) 2007. The paper finds among others that non – disclosure provision in tax statutes particularly as provided for in FIRSEA is not absolute; so also is the constitutional rights and freedom of information and unless the non – disclosure clause finds justification under any recognized exemption provided under the Freedom of Information Act, its retention is antithesis to democratic ethos and beliefs as it may hinder public interest and public order.

Keywords: confidentiality, information, official secrecy, tax administration

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Authors: Themistoklis Tzimas

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The proposed paper focuses on a triangular relationship, between human security, human development and responsibility to rebuild. This relationship constitutes the innovative contribution to the debate about human security. Human security constitutes a generic and legally binding notion, which orientates from an integrated approach the UN Charter principles and of the collective security system. Such an approach brings at the forefront of international law and of international relations not only states but non- state actors as well. Several doctrines attempt to implement the fore-mentioned approach among which the Responsibility to Protect- hereinafter R2P- doctrine and its aspect of Responsibility to Rebuild- hereinafter R2R. In this sense, R2P in general and R2R are supposed to be guided by human security imperatives. Human security because of its human- centered approach encompasses as an integral part of it, human development. Human development constitutes part of the backbone of human security, since it deals with the social and economic root- causes of the threats, which human security attempts to confront. In this sense, doctrines which orientate from human security, such as R2P and its R2R aspect should also take into account human development imperatives, in order to improve their efficiency. On the contrary though, R2R is more often linked with market- orientated policies, which are often imposed under transitional authorities, regardless of local needs. The implementation of such policies can be identified as a cause for striking failures in the framework of R2R. In addition it is a misinterpretation of the essence of human security and subsequently of R2P as well. The findings of the article, on the basis of the fore-mentioned argument is that a change must take place from a market- orientated misinterpretation of R2R to an approach attempting to implement human development doctrines, since the latter lie at the heart of human security and can be proven more effective in dealing with the root- causes of conflicts. Methodologically, the article begins with an examination of human security and of its binding nature on the basis of its orientation from the UN Charter. It also examines its significance in the framework of the collective security system. Then, follows the analysis of why and how human development constitutes an integral part of human security. At the next part it is proven that R2P in general and R2R more specifically constitute or should constitute an attempt to implement human security doctrines within the collective security system. Having built this triangular relationship it is argued that human development is proven to be the most suitable notion, so that the spirit of human security and the scopes of R2P are successfully implemented.

Keywords: human security, un charter, responsibility to protect, responsibility to rebuild, human development

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Authors: Temami Oussama, Bessais Lakhdar, Hamadi Djamal, Abderrahmani Sifeddine

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The analysis of complex structures encourages the engineer to make simplifying assumptions, sometimes attempting the analysis of the whole structure as complex as it is, and it can be done using the finite element method (FEM). In the modeling of complex structures by finite elements, various elements can be used: beam element, membrane element, solid element, plates and shells elements. These elements formulated according to the classical formulation and do not generally share the same nodal degrees of freedom, which complicates the development of a compatible model. The compatibility of the elements with each other is often a difficult problem for modeling complicated structure. This compatibility is necessary to ensure the convergence. To overcome this problem, we have proposed finite elements with a rotational degree of freedom. The study used is based on the strain approach formulation with 2D and 3D formulation with different degrees of freedom at each node. For the comparison and confrontation of results; the finite elements available in ABAQUS/Standard are used.

Keywords: compatibility requirement, complex structures, finite elements, modeling, strain approach

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Authors: Muhammad Ilham Agus Salim

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This study aims to reconstruct the discourse of human rights which focused on the issue of freedom of religion/belief (FORB) in Indonesia. This topic always has an appeal considering the development of Islam, both as a phenomenon of religion as well as social and political phenomenon, always in touch with human rights issues. For the majority, Islam is involved in human rights discourse needs to be viewed as a natural thing as it also occurs in the majority group in other countries. The natural state is increasingly gaining affirmation when also considering the doctrine of Islam which is also related to human rights. So the involvement of Islamic parties to human rights talks in Indonesia is not as excessive when considering the sociological position and character of Islamic doctrine. But because of who made the object of conversation, namely human rights and particularly freedom of religion or belief again, not something that is taken for granted, then the diversity within Islam itself impossible can be avoided. In this study the diversity of views presented in the trial which categorically can be grouped into two views, namely: inclusive and exclusive.

Keywords: Islam doctrine, Islamic parties, human rights, freedom of religion

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Authors: Edmund Kwablah, Anthony Amoah

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The merits associated with Foreign Direct Investment (FDI) inflows to host countries in Sub-Saharan Africa cannot be overemphasized. Against this background, countries have sought to design and implement strategic policies geared towards enhacing FDI and promoting economic growth. In this study, we used the Fully Modified Ordinary Least Squares technique and a panel data for Sub-Saharan African (SSA) countries spanning from 1998 to 2016. We hypothesize that FDI’s effect on economic growth is contingent on some absorptive capacities (e.g., financial market development and economic freedom) of the host country. We used financial market data that accounts for market fragility as a measure of financial market development and economic freedom data which uses the overall score of all the freedom indicators as a measure of economic freedom. Our results suggest that FDI has a statistically positive effect on economic growth when we account for host country’s absorptive capacities. However, a negative relationship will ensue if these absorptive capacities are not accounted for. We recommend that a developing continent like SSA should focus on identifying and building the relevant absorptive capacities that can translate the effect of FDI into a positive growth. This is because an economy with sound absorptive capacities reduces business risk and spur economic growth.

Keywords: FDI, absorptive capacity, economic growth, FMOLS, Fully Modified Ordinary Least Squares, SSA

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Authors: David Schafer

Abstract:

Critical Theory is in sore need of a workable account of technology. It had one in the writings of Herbert Marcuse, or so it seemed until Jürgen Habermas mounted a critique in 'Technology and Science as Ideology' (Habermas, 1970) that decisively put it away. Ever since Marcuse’s work has been regarded outdated – a 'philosophy of consciousness' no longer seriously tenable. But with Marcuse’s view has gone the important insight that technology is no norm-free system (as Habermas portrays it) but can be laden with social bias. Andrew Feenberg is among a few serious scholars who have perceived this problem in post-Habermasian critical theory and has sought to revive a basically Marcusean account of technology. On his view, while so-called ‘technical elements’ that physically make up technologies are neutral with regard to social interests, there is a sense in which we may speak of a normative grammar or ‘technical code’ built-in to technology that can be socially biased in favor of certain groups over others (Feenberg, 2002). According to Feenberg, those perspectives on technology are reified which consider technology only by their technical elements to the neglect of their technical codes. Nevertheless, Feenberg’s account fails to explain what is normatively problematic with such reified views of technology. His plausible claim that they represent false perspectives on technology by itself does not explain how such views may be oppressive, even though Feenberg surely wants to be doing that stronger level of normative theorizing. Perceiving this deficit in his own account of reification, he tries to adopt Habermas’s version of systems-theory to ground his own critical theory of technology (Feenberg, 1999). But this is a curious move in light of Feenberg’s own legitimate critiques of Habermas’s portrayals of technology as reified or ‘norm-free.’ This paper argues that a better foundation may be found in Axel Honneth’s recent text, Freedom’s Right (Honneth, 2014). Though Honneth there says little explicitly about technology, he offers an implicit account of reification formulated in opposition to Habermas’s systems-theoretic approach. On this ‘normative functionalist’ account of reification, social spheres are reified when participants prioritize individualist ideals of freedom (moral and legal freedom) to the neglect of an intersubjective form of freedom-through-recognition that Honneth calls ‘social freedom.’ Such misprioritization is ultimately problematic because it is unsustainable: individual freedom is philosophically and institutionally dependent upon social freedom. The main difficulty in adopting Honneth’s social theory for the purposes of a theory of technology, however, is that the notion of social freedom is predicable only of social institutions, whereas it appears difficult to conceive of technology as an institution. Nevertheless, in light of Feenberg’s work, the idea that technology includes within itself a normative grammar (technical code) takes on much plausibility. To the extent that this normative grammar may be understood by the category of social freedom, Honneth’s dialectical account of the relationship between individual and social forms of freedom provides a more solid basis from which to ground the normative claims of Feenberg’s sociological account of technology than Habermas’s systems theory.

Keywords: Habermas, Honneth, technology, Feenberg

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Authors: Barenten Suciu, Yoshiki Tsuji

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In this paper, a theoretical investigation on the dynamic characteristics of one degree of freedom vibration system equipped with inerter of variable inertance, is presented. Differential equation of movement was solved under proper initial conditions in the case of free undamped/damped vibration, considered in the absence/presence of the inerter in the mechanical system. Influence of inertance on the amplitude of vibration, phase angle, natural frequency, damping ratio, and logarithmic decrement was clarified. It was mainly found that the inerter decreases the natural frequency of the undamped system and also of the damped system if the damping ratio is below 0.707. On the other hand, the inerter increases the natural frequency of the damped system if the damping ratio exceeds 0.707. Results obtained in this work are useful for the adequate design of inerters.

Keywords: damping, frequency control, inerter, one degree of freedom vibration system, parallel connection, variable inertance

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Authors: Muizz Sanni-Anibire

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The 21st century has witnessed growing concerns for the protection of built facilities against natural and man-made disasters. Studies in earthquake resistant buildings, fire, and explosion resistant buildings now dominate the arena. To protect people and facilities from the effects of the explosion, reinforced concrete walls have been designed to be blast resistant. Understanding the performance of these walls is a key step in ensuring the safety of built facilities. Blast walls are mostly designed using simple techniques such as single degree of freedom (SDOF) method, despite the increasing use of multi-degree of freedom techniques such as the finite element method. This study is the first stage of a continuous research into the safety and reliability of blast walls. It presents the SDOF approach applied to the analysis of a concrete wall panel under three representative bomb situations. These are motorcycle 50 kg, car 400kg and also van with the capacity of 1500 kg of TNT explosive.

Keywords: blast wall, safety, protection, explosion

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