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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.