In a society marked by transnational migration and religious globalization, spatial factors are assuming a central role in the understanding of social relations. This is most prominent in urban areas, where the coexistence of culturally and religiously diverse subjects imposes a forced sharing of territory. Starting from a study of the semiotic concept of the city, the contribution aims first of all to explore the claimed right of the other to use public space through the creation of _aedes sacrae_. It (...) will show how the construction of a place of worship of a ‘minority’ religion can alter the pre-existing urban geography, leaving its imprint on space. Through a brief examination of the Italian constitutional jurisprudence on the so-called “anti-mosque” legislation, the paper will also outline a semantically relational conception of the religious building, offering a starting point for a rethinking of spatial organisation. An intercultural application of law is then needed insofar as the aim is towards a non-hegemonic polyphonic rewriting of urban territory. (shrink)

This paper focus on the problem posed by the rigidity of categories to the translation/transaction operation of the intercultural approach to law. This rigidity holds subjects back from leaving the more structured paradigms (moral, social, cultural, legal) of their culture. The first methodological issue this paper seeks to clarify is to place the problem of categories within a narrowly delimited research horizon in which this issue can be treated with an appropriate degree of scientific rigor. This need seems to (...) find a solution in a shift from the strictly legal plane to the linguistic plane. In linguistic terms, one could observe categories as the articulation of certain linguistic signs (signifier/signified) to a high degree of abstraction and fixity of meaning. The question, then, is whether and how it is possible to overcome the resistance of this elementary unit of language. This opens to the legal-theoretical problem a strictly linguistic (semiological and semiotic) line of inquiry. The research idea of this contribution is that the linguistic sign has spaces of resilience that remain unknown to the semiological view but visible to a semiotic view. A ‘bridge’ between the abstraction of the semiotic level and the concreteness of the legal level can be find in the most recent developments of cultural anthropology, which will be used here. Following this approach and these tools the aim of this paper is to show the potential of the sign observed from a semiotic perspective in drawing intersubjective and even interspecific semiotic lines useful to intercultural law. The method adopted here consists of an epistemological pluralism that holds together semiotics, anthropology and law, thus showing the fruitfulness of an openly interdisciplinary approach. (shrink)

The aim of this article is to design the contents of the threefold topic indigenous peoples-habitat-territory, from a decolonizing perspective. From this starting point the topic confronts the complicated challenge of intercultural dialogue. The work is in four sections: a) Terminological clarifications of the subject under discussion; what is understood by territoriality, natural resources, and biodiversity in the indigenous peoples’ logical frame, and how these concepts are understood differently by Western law; b) Critical analysis of indigenous claims in multilateral (...) environmental treaties that have irrupted recently, but from the methodological perspective of indigenous peoples’ rights; c) Controversial central elements in the very exciting intercultural dialogue, such as indigenous territoriality; d) Summary of several precedents developed by the Human Rights Inter-American Court and Commission, which may be a first step towards an intercultural law, latent in different reports and decisions made by both legal institutions. (shrink)

Economic migration, international mobility and refugee crises have brought about both risks and opportunities. Alongside the socio-economic and cultural potential to capitalize on they have generated challenges that need to be addressed. In such an increasingly globalized and diverse world, intercultural competences have become strategic resources underpinning the concept of democratic citizenship and social integration. The objectives of the present article are thus two-fold: firstly we want to explore the concept of cultural cognition and highlight the importance of (...) class='Hi'>intercultural and diversity awareness, and, secondly, we intend to present and discuss the results of intercultural training sessions for uniformed services conducted within the “Open Lodz” project (Otwarta Łódź POWR.03.01.00-IP.08-00-3MU/18) (2019-2022) coordinated by the University of Lodz in collaboration with the Marek Edelman Dialogue Center in Łódź, the Municipal Police, the City of Lodz Office and the City Guard in Łódź. The project was aimed at enhancing foreigners’ quality of life and functioning in Poland. With this goal in view project activities, addressed at two groups of beneficiaries, namely foreign nationals and frontline workers (police, city guard officers, and municipal clerks) focused on improving communication skills (linguistic and cultural competences). (shrink)

Contemporary meta-dogmatic legal discourse has frequently mobilized the signifier “translation”, in different stages and to face diverse problems ─ the multidirectional interactions between _legal language_ and _ordinary language_, the plural network of (national and international, state and non-state) legal orders, the dialectics between presupposed legal materials and practical controversies, the intersubjective place of the judge as the impartial _third_, the invention of exemplarity as _concreteness ─_ always however with decisive projections in the understanding or experiencing of _juridicalness_ (its aspirations, categories (...) and limits). The purpose of this paper is to explore the claims to inter-semioticity which the mobilization of this _signifier_ and the plurality of its contexts of meaning and performance seem to construct. This means, on the one hand, to resume the dialogue with Boyd White _(justice as translation)_ and François Ost _(le droit comme traduction)_. It also means, on the other hand, returning to the counterpoint between _translation_ and _tradition_ which MacIntyre’s _narrativism_ exemplarily proposes (_Whose Justice? Which Rationality?)_, this time to discuss the relevance of treating Law (a _certain_ Law) as a cultural artifact, i.e. as a non-universal (culturally plausible and civilizationally moulded) answer to the universal (anthropologically necessary) problem of the institutionalization of a social order (law as a form of life, as a project and as a tradition). With an unexpected helping hand coming from Greimassian’s semio-narrative, this means also asking if _translation_ (or the ethics of humility it celebrates) can actually be experienced, in our limit-situation, as the _resource_ (if not the _place_ or the _environment_) of a plausible _intercultural dialogue_. (shrink)

The primary objective of this anthology is to make intergenerational justice an issue for intercultural philosophy, and, conversely, to allow the latter to enrich the former. In times of large-scale environmental destabilization, fair- ness between generations is an urgent issue of justice across time, but it is also a global issue of justice across geographical and nation-state borders. This means that the future generations envisioned by the currently living also cross these borders. Thus, different philosophical cultures and traditions of (...) thought should converse to re ect on what is fair to future people. In the remainder of this introduction, we will detail these claims and give an overview of the volume’s chapters. (shrink)

The present study, a result of exploratory qualitative field research roughly made between 2018 and 2022 is concerned with critical remembering (revisiting or revising) of the past in the indigenous philosophical traditions of Ethics of the Oromo, Amhara, and Gurage peoples of Ethiopia. Consequently, using a critical hermeneutics interpretation of the notion of ‘remembering’ found to be depicted in two Ethiopian aphorisms: kan darbe yaadatani, issa gara fuula dura itti yaaddu (in remembering the past, the future is remembered) and/or yȅhuwǝlaw (...) kǝlele yȁlam yȁfitu (the future cannot exist without the past), as a normative analytical guide, the present study sought to achieve two major and highly interrelated objectives. The first objective is to make a critical rediscovery, and/or remembering of the moral and humanistic foundations and features of Ethiopian indigenous ethics by taking anecdotes from the ethical thinking and moral languages of the Oromo, Amhara, and the Gurage people. The second objective seeks to determine whether these living Ethiopian indigenous philosophical traditions, if examined in terms of the “remembered future,” could reveal some emancipatory ‘surplus meanings and/or principles’ and might in turn provide answers to some of the essential questions of inter-cultural dialogue, peacebuilding and democracy in Ethiopia. The study found out that, the indigenous moral values in the study areas are complex and largely connected to humanness (the strong quality of human beings), cooperation, a healthy sense of community, generosity, and respect for others, which are highly meaningful in the above regards, i.e., intercultural dialogue for peacebuilding in the country. (shrink)

This essay, between serious and facetious, addresses an apparently secondary implication of the planetary tragedy produced by Covid-19. It coincides with the ‘problem of the veil,’ a bone of contention in Islam/West relationships. More specifically, it will address the question of why the pandemic has changed the proxemics of public spaces and the grammar of ‘living together.’ For some time—and it is not possible to foresee how much—in many countries people cannot go out, or enter any public places, without wearing (...) a sanitary mask. In short, almost all of us, by obligation or by urgent advice from the public authorities of the various countries, will not live the public sphere with our faces uncovered. The alteration of the social context affecting many Western countries will inevitably involve also the ‘local’ perception of the Islamic veil and—as a matter of equality—the consistency of the prohibition of wearing it. What will thus become of the ban on wearing it in public places established by some countries such as France and asseverated by the ECHR? If everyone can and will have to go around with their faces covered, why should only Islamic women be discriminated against? Will not the change in boundary conditions produced by Covid-19 also induce Western people to re-categorize the meaning of the veil? And will this re-categorization not directly affect the ‘fact’ of wearing the veil, that is, its empirical perception? And still, will this psycho-semantic change not show how empirical perceptions are cultural constructs rather than ‘objective facts,’ as such allegedly independent from the observer’s point of view? Consequentially, will the plurality of perceptions and cultural meanings related to the gesture of covering one’s own face not gain renewed relevance in determining the legitimacy of wearing the veil? The socio-semantic earthquake produced by Covid-19 compels us to rethink this and other issues orbiting around the translation of ‘facts’ into legal language; furthermore, it highlights the instrumentality of many ideological/partisan and ethnocentric assumptions passed off as objectivity regarding those alleged ‘facts.’ The essay will attempt to provide an answer to the above questions by proposing a semiotic-legal approach to intercultural conflicts and, indirectly, the pluralism in law. (shrink)

This essay addresses the relationships between prescription and description in legal rules. The analysis will focus on the culture-laden connotations of factual categories implied in all legal sentences and/or provisions. This investigation is spurred by the need to assess the impact of cultural difference in people’s understanding of legal imperatives and, symmetrically, how that impact is to be considered in the application of law. Differences in ways of categorizing the world could position the cultural pre-understanding required by law, and the (...) pluralism recognized and protected by constitutional principles and human/fundamental rights discourse, at a crossroads. Hence, even when we find an illegitimacy or an ignorance about what legal rules do not explicitly state but instead implicitly presuppose, this does not exclude that behind that ignorance there may be something worthy of legal protection. A question emerges: is it legitimate and reasonable to consider the ignorantia facti resulting from differing ways of categorizing the factual world as automatically and uncritically subject to the principle ignoratia legis non excusat? The essay continues with an assessment of the possible consequences of ignorantia facti in the administration of justice in multicultural societies and migration contexts. For this purpose, the opportunity for an intercultural use of law—including within national law—will be considered as a means of avoiding the discriminatory application of ignorantia facti. This topic will be addressed by leveraging both semiotic and cultural-anthropological analytical tools, including the well-known greimasien “contrat de véridiction”. (shrink)

Cet article s’intéresse aux relations entre connaissance et pratiques sociales, et l’objectif de ces relations. C’est à travers le thème de la transdisciplinarité que sont identifiées dans le quotidien des stratégies qui pourraient contribuer au fait que les nouvelles générations apprennent à vivre ensemble avec leurs idées, sans risquer d’être neutraliser pour les défendre. Pour cela la Loi de Services Communautaires d’Etudiants Universitaires du Venezuela – LSCEES – est analysée pour explorer les espaces orientés vers le développement de l’apprentissage interculturel (...) et transdisciplinaire. Pour conclure l’analyse, il est préciser que pour contribuer à la transformation des structures socio-institutionnelles vers un développement endogène, cette loi devra affecter la capacité de certaines des IES – dites de « capital social » - de s’articuler avec l’ensemble des actions de l’Administration Publique, qui s’orientent vers cette intentionnalité politique, dans le Venezuela actuel, visant à générer l’inclusion sociale sous la figure de l’action publique appelée « las Misiones ». (shrink)

Preview: Philosophy has notably struggled in the twentieth and twenty-first centuries to come to terms with how it participated in the erasure and invisibility of persons across the globe. Western philosophy over hundreds of years found itself immersed in the colonial project, in all its economic, social, political, legal, disciplinary, and aesthetic dimensions. Its logic of Western racial superiority, grounded in eugenics, social Darwinism, and deterministic accounts of racial realism, grew and deepened, especially in Europe and the Americas. No domain (...) was free, even Hugo Grotius’ grand work on international law and diplomacy, Mare Liberum (The Free Sea) was founded in justifying Dutch colonial seizures of ships and resources. The haunting of those shorn of their dignity besets us. We have forgotten, in a sense to go “backwards”; not just to “bracket” our stories of the world, but to see the persons we have continued to ignore through certain horizons of dominating meaning. It has been up to these people to find themselves even when under the erasure of the dominant mode of history, and in turn they have much to teach those of us willing to turn back to listen. (shrink)

This book provides a critique of current international law-making and draws on a set of principles from Persian philosophers to present an alternative to influence the development of international law-making procedure. The work conceptualizes a substantive notion of democracy in order to regulate international law-making mechanisms under a set of principles developed between the twelfth and seventeenth centuries in Persia. What the author here names 'democratic egalitarian multilateralism' is founded on: the idea of 'egalitarian law' by Suhrawardi, the account of (...) 'substantial motion' by Mulla Sadra, and the ideal of 'intercultural dialectical democracy' developed by Rūmī. Following a discussion of the conceptual flaws of the chartered and customary sources of international law, it is argued that 'democratic egalitarian multilateralism' could be a source for a set of principles to regulate the procedures through which international treaties are made as well as a criterion for customary international law-ascertainment. (shrink)

Since antiquity, there has been little consensus on how to interpret the identity of the anonymous Athenian Stranger of Plato’s Laws. This paper uses the Stranger’s identification as xenos as a starting point in examining the role of xenia in Plato’s Laws. In this dialogue, Plato uses xenia throughout the dialogue to portray philosophic relationships between characters from different poleis and to establish the importance of intercultural and Panhellenic exchange for philosophic friendship and the establishment of an ideal polis. (...) The Laws shows that ideal polis must maintain peaceful and philosophical relations with other cities, and xenia makes this possible. (shrink)

This volume examines how the notion of law was transformed and reformulated during the Middle Ages. It focuses on encounters between ancient and local legal traditions and the three great revelation religions Judaism, Christianity, and Islam each of which understood the written word of God as law and formulated new cultures. The work thus furnishes interdisciplinary and intercultural insight into medieval legal discourse.".

In the parlance of modern Japanese philosophy, the term Basho denotes a field of experience underlying all conceptions of reality, while remaining itself conceptually ungraspable. The Basho of Economics, then, refers to the economy s hidden experiential ground, which has never been explicitly scrutinized, as such, by mainstream economics. We uncover this ground by discerning the tacit presuppositions of classical and neo-classical theories from the perspective of modern Japanese philosophy. In particular, we draw attention to the traditional atomist assumptions implicit (...) in their equilibrium-centered models. By breaking through these assumptions, we reconstruct the economy as a functional and relational world of habitual and creative activity outside of the scope of mechanical laws.". (shrink)

The Ninth International Conference on Computer Ethics: Philosophical Enquiry was held in Milwaukee, WI. Four papers originally presented at that conference are included in this issue of Computers and Society. The selected papers examine a wide range of information/computer-ethics-related issues, and taken together, they show great diversity in the field of information/computer ethics. We are continually negotiating with ethics, law, and policy in our technology-driven activities in the interconnected global arena. As we consider the themes within and among the papers (...) here, we encourage readers to think deeply about fundamental principles such as trust, accountability, anonymity, and human rights. Each of these papers takes us back, philosophically, to seminal and long-standing principles of ethics, broadly speaking, and then, brings us forward, to significant and contemporary challenges in ethics. The authors each weave narratives about our place and space as individuals, as members of cultural collectives, and evolving socio-political-technical norms around us, governing us, defining us. (shrink)

Current International Criminal Law (ICL) suffers from at least four fairly serious theoretical shortcomings. First, as a starting point, the concept and meaning of ICL in its different variations must be clarified (‘the concept and meaning issue’). Second, the question of whether and how punitive power can exist at the supranational level without a sovereign (‘the ius puniendi issue’) must be answered in a satisfactory manner. Third, the overall function or purpose of ICL as opposed to national criminal law (‘the (...) overall function issue’) must be more convincingly explained. Fourth, the purposes of punishment in ICL, as opposed to the traditional purposes discussed in national criminal law, must be elaborated (‘the purposes of punishment issue’). There is a partly vertical and partly horizontal relationship between these issues. It is, for example, of course impossible to reflect upon ius puniendi, overall function and purposes of punishment without having clarified the concept of ICL in the first place. Also, a treatment of overall function and purposes of punishment seems to be predicated on the justification of the ius puniendi. Indeed, the lack of a satisfactory answer to the ius puniendi issue is maybe the most important theoretical weakness of current ICL. This article therefore aims to demonstrate that a supranational ius puniendi can be inferred from a combination of the incipient supranationality of the world order (understood normatively as an order of values) and the concept of a world society composed of world citizens whose law—the ‘world citizen law’ (‘Weltbürgerrecht’)—is derived from universal, indivisible and interculturally recognized human rights predicated upon a Kantian concept of human dignity. The incipient world order and the world society are represented by the international community (to be understood as a community of values) which becomes the holder of the ius puniendi. (shrink)

Despite the historical and contemporary significance of the Sharia, it has not yet been possible to solve the puzzle of its origins. Whereas previous research has postulated a greater or lesser degree of endogenous Islamic development, the present study reaches a different conclusion, namely that at the end of the 8th century Muslim state lawyers in Baghdad codified an Islamic "Imperial Law", oriented strongly towards Roman-Byzantine law. It is part of an Islamic-Byzantine context, and can only be explained against this (...) intercultural background. (shrink)

Against the assumption that legal and normative systems are coextensive with geopolitical units and national spaces, the article advocates for the need to study how different legal and normative semiospheres, within the same geopolitical unit and national space, often give rise to ‘normolects’ that are transversal to socio-economic classes, ethnicities, and cultural lifestyles. The concept of legal and normative ‘imaginaries’ is useful to come to terms with the legal and normative semiotic ideology of such normolects, including their non-verbal dimension and (...) legal-normative semiotic ideologies. More generally, the article prompts legal scholars, and particularly semioticians of law, not to focus exclusively on inter-cultural awareness in legal-normative language but to concentrate also on intra-cultural awareness. As a case study, the article analyses a drawing through which the former Italian Prime Minister Silvio Berlusconi visualized and advertised for a bill of reform of the Italian judicial system by his Minister of Justice, Angelino Alfano. The semiotic analysis of this visual artifact casts new light on the controversial political and judicial figure of Mr Berlusconi. The drawing is read as a visual embodiment of the conflict between two different legal and normative ideologies within the present-day Italian political and judicial arena. The paradoxes that underpin this iconography of law and mar a rational confrontation of legal-normative arguments in contemporary Italy are uncovered. (shrink)

The purpose of the paper is to analyze the thesis that an agreement between representatives of two different cultures can and should be reached at a theoretical level. The author tries to verify the Theory of Communicative Action proposed by Jürgen Habermas in the light of philosophical reflections of American neopragmatist Stanley Fish. Habermas is one of the most important and widely read social theorists in the post-Second World War era. He is also one of the authors of the concept (...) of deliberative democracy, which holds that, for a democratic decision to be legitimate, it must be preceded by authentic deliberation – disinterested exchange of reasons – not merely the aggregation of preferences that occurs in voting. The foundation of deliberative democracy is, according to the German thinker, a communicative action based on communicative rationality. Stanley Fish, in turn, is one of the most eminent American philosophers of the twentieth and twenty-first centuries. The main area of his scientific activity is the theory of literature, law, and history. In the course of his reflections, Fish constructed the concept of an interpretive communities, which implies an original view on the nature of the process of cognition, status of human convictions or beliefs, nature of communication situation and capabilities of theory. The final conclusion stemming from the reflection on Fish’s philosophy explains why Habermas’ theory is not an adequate tool to reach an intercultural agreement. (shrink)

The objective of the work is to analyze the intersectional discriminations that operate in the multiple identities of regional migrant women in the field of health in Argentina during the present pandemic. We will begin with the critical study of key categories and the origin of the inequalities of law of the aforementioned discrimination in migration policies. Second, we will address de facto inequalities, particularly examining the socio-economic inequalities suffered by migrants during the pandemic. Thirdly, in order to enable alternative (...) forms of care and self-care from the recognition of their ethnicity and the inseparable care of the earth, we propose the application of the concept of territorial participatory justice as a condition of intercultural dialogue in health. As a proposal, it seeks to promote dialogues of knowledge located outside the bureaucratic councils and expanding the social base of health rights from the pluriculturality exercised in care networks of migrant women in the territory and not from their domesticated participation. (shrink)

This paper offers a critical analysis of two central issues in Luigi Ferrajoli’s Principia iuris , and more generally of his theory of rights. One is the way in which ‘expectations’ play a crucial role in his deontic theory by establishing the logical basis for his guarantee-based conception of law and rights. The axiomatic way in which Ferrajoli arrives at his conception of fundamental rights is questioned, for it fails to give a full account of the nature of subjective rights. (...) The other issues discussed here is Ferrajoli’s own defence of the universality of fundamental rights, and how this is made to depend on a ‘normative technique’ that one can associate with legal discourse and modern law in Western societies. This, however, poses the problem of how this formal universalism can be reconciled with the intercultural dialogue that Ferrajoli also advocates. (shrink)

We will try to critically examine the processes of constructing a new legal framework which were begun in some Andean states during recent decades and which are characterised by the recognition of the multinational, multiethnic and intercultural character of the Republics, framed hitherto within the homogenising parameters of the creole and mestizo state. These processes have in turn led to the recognition of the rights of the original indigenous peoples and, subsequently, to the establishment of indigenous law with a (...) special jurisdiction. However, this new horizon, despite the fact that it represents a project which is eminently decolonial in many respects, is not without contradictions, frictions or limitations. A scenario of radical legal plurality would lessen the possibility of establishing a common citizenship framework. There are therefore many anthropological, political, legal and philosophical aspects which should be analysed and discussed so as to shed some light on this important issue. (shrink)

The many constraints of outer space experience challenge the human ability to coexist. Paradoxically, astronauts assert that on the international space station there are no conflicts or, at least, that they are able to manage their differences, behavioral as well as cognitive, in full respect of human rights and the imperatives of cooperative living. The question is: Why? Why in those difficult, a-terrestrial, and therefore almost unnatural conditions do human beings seem to be able to peacefully and collaboratively live together? (...) What is there beyond terrestrial boundary conditions that allows for such a result? And what can we learn from the astronauts’ experience about the effectiveness of human rights on Earth? My proposal is that the a-terrestrial dimension deeply alters the mind/body indexical framework and, in this way, disentangles the human inclination to semiosis from the cognitive and behavioral habits of categorization and territorialization inherent in the experience on Earth. If analyzed through the spectrum of an interdisciplinary approach involving anthropology, semiology, law, and human geography, I think that outer space enterprises can offer many insights into the cognitive and ethical/political hindrances to the effectiveness of human rights and their intercultural uses. Meanwhile the compulsive greed for a possessive territorialization of outer space and celestial bodies is growing by leaps and bounds. It haunts and imbues both astropolitics and space law. The astronauts’ semio-anthropological experience of human rights and cooperative coexistence seems to have been left in orbit. The future requires awareness and action by anthropologists, semioticians, cognitive scientists, geographers and lawyers, working all together in an interdisciplinary effort to move beyond approaching the experiential with a territorial mindset. The hope is that the “dark dream” of human exploitation/colonization of outer space will not turn from a political and legal speculation into a future reality. (shrink)

In our era of globalization, migration increasingly enforces cultural heterogeneity at the level of single societies and countries mirroring the cultural heterogeneity at the macroscopic level, i.e. the planet. Thus, the question of intercultural understanding and coexistence not only is crucial when it comes to states, but is increasingly gaining in importance in terms of identifying preconditions that enable individuals from various cultural backgrounds to share one commonwealth. At present, a growing number of people are convinced that this challenge (...) is not easily met due to what are believed to be fundamental moral disagreements between ‘western’ and ‘non-western’ (in particular, Islamic) culture(s). Against this background, different proposals have been provided to rise to the above-mentioned challenge. One of them is to allow for ‘cultural’ justifications in matters of criminal law. In this article I try to outline the state of discussion on claims for a ‘cultural defense’ by identifying and analysing three distinct rationales: the argument from pluralism; the argument from fairness; and the argument from necessity. Finally, I critically reflect on them from a human rights perspective. (shrink)

Only the incurious and philosophically challenged doubt the significance of dignity as a central issue in human interactions. Human dignity is much debated in religion, law, moral philosophy, anthropology, psychiatry, bioethics, sociology, philosophical anthropology, psychology, communication studies, and elsewhere. It is subject to competing discourses of ontology, epistemology, axiology, and logic. It appears in intercultural and international discussions of rights, autonomy, race, ethnicity, economics, war, and peace. It is contrasted with guilt, shame, and humiliation, both ordinary and extreme. However, (...) the dynamic roots of dignity are usually presupposed or ignored in favor of reductionist typologies and antinomies. Returning us to lived experience and with post-humanist animal studies and the medical model of psychiatry as exemplary cases of reductionism, I interpret H. Plessner’s semiotic phenomenology as a communicative philosophy of the humane in dignity. (shrink)

This book studies the history of intercultural human rights. It examines the foundational elements of human rights in the East and the West and provides a comparative analysis of the independent streams of thought originating from the two different geographic spaces. It traces the genesis of the idea of human rights back to ancient Indian and Greco-Roman texts, especially concepts such as the Rigvedic universal moral law, the Upanishadic narratives, the Romans' model of governance, the rule of law, and (...) administration of justice. It also looks at Cicero's concept of rights and duties which focuses on quality of compassion and fair play, and Seneca's expositions on mercy, empathy, justice and checks on the arbitrary exercise of power. An important contribution, this book fills a significant gap in the study of human rights. It will be useful for students and researchers of political science, ancient history, religion and civilizations, philosophy, history, human rights, governance, law, sociology, and South Asian studies. The book also caters to general readers interested in the history of human rights. (shrink)

The volume _The Many Faces of Beauty_ joins the rich debate on beauty and aesthetic theory by presenting an ambitious, interdisciplinary examination of various facets of beauty in nature and human society. The contributors ask such questions as, Is there beauty in mathematical theories? What is the function of arts in the economy of cultures? What are the main steps in the historical evolution of aesthetic theories from ancient civilizations to the present? What is the function of the ugly in (...) enhancing the expressivity of art? and What constitutes beauty in film? The sixteen essays, by eminent scientists, critics, scholars, and artists, are divided into five parts. In the first, a mathematician, physicist, and two philosophers address beauty in mathematics and nature. In the second, an anthropologist, psychologist, historian of law, and economist address the place of beauty in the human mind and in society. Explicit philosophical reflections on notoriously vexing issues, such as the historicity of aesthetics itself, interculturality, and the place of the ugly, are themes of the third part. In the fourth, practicing artists discuss beauty in painting, music, poetry, and film. The final essay, by a theologian, reflects on the relation between beauty and God. (shrink)

The article shows a comparison between two ideas or ‘models' of community, Tönnies Gemeinschaft, reworked by Schmitt, and the Latin American indigenous peoples' Comunidad. A comparison that starts from the respective origin myths and arrives at the reflections on the subject of rights and freedoms that these narratives still produce today, in contemporary intercultural societies. The study focuses in particular on how the element of identity and belonging to a community can be used to motivate policies and laws oriented (...) to the exclusion or inclusion, to discrimination or emancipation. (shrink)

Philosophy of history has been condemned in recent times; however, it is becoming increasingly evident that a new Europe cannot do without a critical philosophy of history that analyses values and gives hierarchical structure to diverse experiences and historical memories. From this hypothesis, a result of previous projects, the project “Philosophy of History and Values in the Europe of the 21st century” has these fundamental objectives: 1) critically analyze the complex forms of conceiving science, history (society), culture (languages, religion), law, (...) ethics and politics, in order to understand the full scope of the idea of Europe in which we find ourselves; 2) systemize them with the proposal for a new critical philosophy of history, based on a “practical turn” that contemplates the elements (real responsibility, solidarity and justice) that should form the foundation of social and ethical political relations; 3) apply them to the constructionof a new Europe, in which implicit diversity and the demands of internationality, interculturality and dialogue between the genders can reconcile itself with the basic principles of universality, equality and justice and with the establishment of minimum human rights. The conclusions of our research will help to provide solutions to conflicts that are occurring in the heart of Europe, which at the high point of globalization, transcend European borders. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:In Search of the Good: A Life in Bioethics by Daniel Callahan, and: Why the Church Needs Bioethics: A Guide to the Wise Engagement with Life’s Challenges ed. by John F. Kilner, and: Respecting Life: Theology and Bioethics by Neil MesserAndrea Vicini SJIn Search of the Good: A Life in Bioethics By Daniel Callahan (edited by Arthur Caplan) CAMBRIDGE, MA: MIT PRESS, 2012. XVII + 206 PP. $29.00Why (...) the Church Needs Bioethics: A Guide to the Wise Engagement with Life’s Challenges Edited by John F. Kilner GRAND RAPIDS: ZONDERVAN, 2011. 304 PP. $26.99Respecting Life: Theology and Bioethics By Neil Messer LONDON: SCM PRESS, 2011. XI + 236 PP. $36.20With their specific styles, targeted readerships, and overall goals, these three volumes provide diverse but synergic ways to articulate and expand bioethical reflection in today’s society. Daniel Callahan is undoubtedly one of the founders of the field of bioethics. In Search of the Good: A Life in Bioethics is a fascinating memoir where, in a very engaging and personal way, Callahan unveils his intellectual development, career, and major interests. At the same time, he provides a critical lens to examine the history of bioethics in the United States. It shows his “abiding fascination with the human nature, scope, and validity of ethics as part of human life, and a similar strong interest in the ways that the scientific knowledge of medicine influences how we think about our health and mortality and shapes the ways we live our lives” (xvi). In particular, he describes how his philosophical training, and philosophical mind, led him to address the burgeoning ethical questions in biology and medicine and, thereby, to contribute to the founding of today’s bioethics.By sharing his intellectual journey with great honesty and transparency, Callahan guides his readers from his initial philosophical questioning to the later critical developments that have shaped bioethics as a theoretical and practical discipline in the last forty years. The list of topics that he has studied is impressive—from birth control to heart transplants, from end-of-life issues to embryonic stem cell research, and from market-driven health care to medical rationing. Drawing on his time as editor of the famous liberal Catholic magazine Commonweal in the 1960s, Callahan narrates his 1969 founding of the Hastings Center in cooperation with the author and psychiatrist Willard Gaylin. He describes the [End Page 196] stages in the life of this first bioethics research institution in the world, focusing on the years of its success (1980–86) and then on the routinization of its charisma (1986–96). More recent years have seen Callahan questioning medical progress and stressing the urgency of critically examining the goals of today’s medicine, even including discussion topics that are often avoided.Bioethics scholars and students will enjoy In Search of the Good. They will be able to integrate their own historical study of this discipline with Callahan’s personal memoir, which gives a human face to issues and debates. Moreover, bioethicists will be stimulated to reassess their own intellectual engagement and reflect on the future developments of this interdisciplinary discipline whose “roots lie in the humanities” (167).John Kilner, director of bioethics programs and professor of bioethics and contemporary culture at Trinity Evangelical Divinity School, takes a broader approach in Why the Church Needs Bioethics. The volume includes contributions from an interdisciplinary group of thirty-one Christian leaders with diverse expertise, ranging from medicine, business, and law to biblical studies, theology, counseling, and intercultural and pastoral ministry. Nineteen leaders contributed essays, and twelve offered their critiques to earlier drafts. This collaborative effort is praiseworthy, but at the same time it leaves readers desiring more cohesive reflections and a synthetic theological voice.The volume considers three cases emblematic of major human quests: reproductive technologies for a better birth; enhancing drugs for a better life; and end-of-life care for a better death. Each case is discussed by experts from three different disciplines—biblical theology, practical theology, and other secular professions (business, law, or health care)—followed by a specifically bioethical essay. The volume ends with two conclusive contributions discussing how preaching and wisdom... (shrink)

Based on the communication ethics of Ptahhotep and other inclusivist communication value systems, including several additional non-Western (Confucian, Buddhist, Aborigine, Cree, San, Māori, Ubuntu, and Islamic) as well as Western ones (Stoic, Christian, Kantian, socialist, liberal, and journalistic), we propose seven principles as common ground for the future regulation of media communication on a global scale. All seven are formulated in a manner similar to Ptahhotep’s, providing a flexible range of norms allowing, for example, hate speech to be dealt with (...) by criminalization, or in civil law, or by means of ethics rules and self-regulation, depending on the severity of the involved threats to humanity, to human beings, or to other core values. We reject an often-paralyzing comparative intercultural juxtaposition of individualism versus collectivism, instead suggesting an inclusivist and interculturally principled common ground for the regulation of communication. (shrink)

This article aims at showing how Jesus is the apex of biblical canons, the authority that grants the status of sacredness to Christian, canonical and biblical books. It uses an intercultural approach involving three cultural frames of reference whereby the Protestant Church leadership will represent a contemporary culture, while the Roman Catholic Church stands for traditional church culture, and Jesus' authority reflects an original biblical culture. Consequently, the article consists of three parts: the impact of Scripture on the contemporary (...) Protestant Church in Africa, the authority of biblical canon in the Roman Catholic Church and Jesus' authority in original biblical cultures. CONTRIBUTION: The article has established that in the biblical cultures, Jesus' authority is recognised in canonical gospels and in extra canonical writings. In the Catholic Church, this authority is celebrated in the liturgy, expanded from the canonical biblical books and translated into the canon law. In the current Protestant Church in Africa, Jesus' authority empowers the ministers to significantly impact their audiences. (shrink)

The article is devoted to the study of the historical context of the cities’ development as subjects of international relations, their evolutionary transformation from political and security unions, through political and religious unions to large agglomerations capable of conducting independent international activities, taking into account their own socio-economic, cultural and educational interests of their residents. Using an interdisciplinary approach that combines historical, legal, political science, and management disciplines, the author has revealed the multifaceted use of such concepts as «partner cities», (...) «twin cities», «municipal cooperation», «decentralized cooperation of cities» etc., which proves that their use as synonymous definitions indicating a non-governmental, horizontal international level of cooperation between individual local actors is not sufficiently regulated.The study outlined the criteria for selecting a partner city. The historical way of the formation of global and regional international organizations and associations of municipalities, which developed recommendations for in-depth cooperation between cities of different political systems to exchange experience, deepening of cooperation in the environment of modern management in the context of urbanization, is highlighted. It is proved that such initiatives are based on intercultural cooperation, the foundations of the international and national law, which strengthens the reputation and foreign policy integration strategies of the state as a whole. It has been found that often in the process of decentralization, localization, and manifestation of their own subjectivity, cities are more effective and faster in making decisions, establishing international forms of cooperation, and implementing the most important projects. (shrink)

Is it possible to explicate tolerant principles in the philosophy-political discourse of Kant? It seems the answer to this question is positive. And it is the philosophical project of Kant “Perpetual Peace”, which is the most representative in this respect, for it is based on the principles of tolerance. This project is included in ethic-legal (liberal) system and is connected with such notions as civil society, legal state, duty, moral law. Tolerance exists, on the one hand, as a result of (...) moral effort and choice, and on the other, as legal obligation. In Kantian conception tolerance appears as a multi-aspect phenomenon: firstly, as a natural deposit of the human race, developing as a result of the influence of antagonistic nature of the human society; secondly, as a demand of the moral law; thirdly, as a means of peace attaining; fourthly, as a principle of peaceful state, a universal civic alliance and eternal peace. The dynamic development of the world society, the acceleration of processes of globalization and intercultural communication dictate new strategies of the world development, make the problem of political responsibility the topic of today. According to Kant’s logic, it is necessary to be tolerant in the modern world. (shrink)

Philosophy after Hiroshima offers a philosophical analysis of the issues surrounding war and peace, and their challenges to ethics. It reminds us that the threat posed to civilization by nuclear weapons persists, as does the need for continuing philosophical reflection on the nature of war, the problem of violence, and the need for a workable ethics in the nuclear age. The book recalls the atomic bombings of Hiroshima and Nagasaki as the beginning of the nuclear age, the Cold War, and (...) subsequently of the hegemonic unilateralism of the sole superpower. Reviewing early critical responses to the first atomic bombings by such figures as Camus, Sartre, Russell, Heidegger, Jaspers and others, the authors themselves respond to contemporary threats to peace, including the US "global war on terrorism," the recrudescence of militarism, and the continuation of imperial power politics by other means. In the nuclear age, the use of military force as a political instrument threatens the future of humanity. This poses formidable challenges to philosophy and calls for its transformation. In using memories of the atomic bombings to help us to grasp the moral implications of the current escalation of global violence, the authors hope to show the urgent relevance of nonviolence in the contemporary context. Drawing on a range of philosophical traditions Taoist and Western the contributors take up a welter of philosophical and political concerns of topical interest, including human rights, toleration, the politics of memory, intercultural dialogue, the ethics of co-responsibility, and the possibility of a cosmopolitan order of law and peace. Going beyond postmodernism and deconstruction, several of the authors develop a post-critical, constructive paradigm of thinking a philosophy of the possible and a new methodology for the realization of the creative potential of the humanities. Philosophy is viewed as a peace-promoting global dialogue. (shrink)

Justice, Gender and the Politics of Multiculturalism explores the tensions that arise when culturally diverse democratic states pursue both justice for religious and cultural minorities and justice for women. Sarah Song provides a distinctive argument about the circumstances under which egalitarian justice requires special accommodations for cultural minorities while emphasizing the value of gender equality as an important limit on cultural accommodation. Drawing on detailed case studies of gendered cultural conflicts, including conflicts over the 'cultural defense' in criminal law, aboriginal (...) membership rules and polygamy, Song offers a fresh perspective on multicultural politics by examining the role of intercultural interactions in shaping such conflicts. In particular, she demonstrates the different ways that majority institutions have reinforced gender inequality in minority communities and, in light of this, argues in favour of resolving gendered cultural dilemmas through intercultural democratic dialogue. (shrink)

This paper aims to introduce, in the context of Latin America, the theoretical epistemic discussion regarding the theme of the ‘common’ as a political principle which substantiates instituting and autonomous processes of government, control and community regulation. The work seeks to relate a democratic scenario of the ‘common’ with the discourses of pluralist and decolonial normativity, in a way that would guarantee not only horizontal communal self-management, but also a legitimate ordering of forms of life, founded on common interest, social (...) relations and interconnected structures. For this purpose the instrument of critical-socio-legal analysis is applied at the intersections with the ‘participative-communitary’ type of legal pluralism. Our proposal is to combine the contemporary meaning of the ‘common’, its relation to the Latin American principles of ‘buen vivir’ (living well) and ‘interculturalidade’ (interculturality), as well as the instituting practice of the ‘common’, that engenders a normativity built ‘from below’, which is in opposition to the traditional positivist and state legal system imposed through colonization in Latin America. Such achievements that, although formalized, are not being successful against institutional ruptures, have ‘cloistered’ the practices of the ‘common’ and made the existence of legal pluralism invisible. (shrink)

Twenty-two essays from the 1998 conference in Boston weigh in on current debates in political and social philosophy. Topics include: global justice, intercultural dialogue and human rights, consumerist and cultural hegemony, justice and toleration, the limits of law, liberal and radical democracy, public reason and religious values, communitarianism, collective acceptance and social reality, freedom and equality, violence, aesthetics, and various interpretations of Rawls. Name index only. Annotation copyrighted by Book News, Inc., Portland, OR.

The purpose of this paper is to indicate the sector around which the new reflections and epistemological horizons of interculturality revolve and are articulated. This sector consists of the excluded, the indigenous peoples and the poor in rights. In these spaces of intercultural reflection, various analyses are required in order to promote a participative culture capable of relying on its own sources and ancient knowledge; to this end, both a liberating pedagogy and the establishment of laws that defend victims (...) are needed. This will lead to the creation of an intercultural society. (shrink)

Ethics in the West too often equates morality with universal moral principles, thus imposing lifestyles and moral criteria that do not respect differences and local histories. Even Christianity proposes ethics that is based on eternal, absolute and universal truths or principles, independent of sociocultural and historical contexts. The problem is that these universal moral laws become a means of social control to exclude those who are different: non-Christian religions, nonwhite races, non-Western cultures, and poor and marginalized social classes everywhere. To (...) these can be added minorities marginalized because of sexual orientation, physical handicaps, and women of all sectors and cultures. Another kind of ethics is urgent. For these reasons, Christians in Latin America and other parts are seeking innovative ways of envisioning ethics from their marginalized and discriminated social locations in order to find another possible ethics, an ethics that is not universal and not based on eternal truths or principles, but rather is contextual and historical and that takes into account real-life realities. Only an ethics that does this will be liberative. Important steps toward this other possible ethics have been taken by the theology of liberation by developing a contextual and intercultural morality. (shrink)

How should liberal democratic states respond to cultural practices and arrangements that run afoul of liberal norms and laws? This article argues for a reframing of the challenges posed by traditional or nonliberal cultural minorities. The author suggests that viewed from up close, such dilemmas are revealed to be primarily intracultural rather than intercultural conflicts, and reflect the political and practical interests of factions of communities much more than deep moral differences. Using the example of the reform of customary (...) marriage laws in post-apartheid South Africa, this article makes the case for a more pragmatic, politically focused approach to resolving conflicts of culture that it is argued is both more democratic and effective than alternatives recently advanced by liberals and deliberative democracy theorists. (shrink)