• Title/Summary/Keyword: legal anthropology

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Impact of Philosophical Anthropology and Axiology on the Current Understanding of the Institution of Human Rights

  • Buglimova, Olga V.;Goncharov, Igor;Malinenko, Elvira;Matveeva, Natalya;Stepanenko, Yuri;Chernichkina, Galina
    • International Journal of Computer Science & Network Security
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    • v.22 no.7
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    • pp.327-331
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    • 2022
  • The article aims at studying the institution of human rights in an ever-evolving world in the context of the interdisciplinary approach. The main scientific method was deduction that allowed examining the specific interdisciplinary approach in relation to the institution of human rights on the global scale. To solve the issue set, it is necessary to study legal foundations and features of the interdisciplinary approach to the institution of human rights in the modern world. The article proves there is no theoretical anthropological understanding of the institution of human rights. It has been concluded that the appeal to anthropological jurisprudence requires the identification of the initial theoretical and methodological principles, parameters and axioms of cognition, the integration of a person into the subject field of legal science, linking jurisprudence with the chosen external environment (philosophy, sociology, theology, etc.), predetermining the existence (understanding) of a person, causing qualitative differences and the structure of subject-methodological phenomena. In addition to the identification of such hypotheses, prerequisites and axioms, the basic method (principle) of cognition and its heuristic potential are also being searched (defined). The terminological designation of the formed subject-methodological phenomenon (legal anthropology, anthropology of law, anthropological approach, etc.) reveals its role in the system of interdisciplinary relations of legal science.

Human Rights and Civil Freedoms: Anthropological Approach in the Theory of Law in the Age of Information Technology

  • Gavrilova, Yulia;Dzhafarov, Navai;Kondratuk, Diana;Korchagina, Tamara;Ponomarev, Mikhail;Rozanova, Elizabeth
    • International Journal of Computer Science & Network Security
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    • v.22 no.11
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    • pp.199-203
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    • 2022
  • The article aims at studying the institution of human rights and civil freedoms with due regard to the anthropological approach in the theory of law. To the greatest extent, the provisions of non-classical legal science are confirmed in the Anglo-Saxon legal family, which endows the judge with law-making functions. In this regard, the role of a person in the legal sphere is increasing. The main research method was deduction used to study the anthropological approach to the institution of human rights and freedoms. The article also utilizes the inductive method, the method of systematic scientific analysis, comparative legal and historical methods. To solve the task set, the authors considered the legal foundations and features of human rights and freedoms in the modern world. The article proves that the classical legal discourse, represented by various types of interpretation, reduces the rule of law to the analysis of its logical structure and does not answer the questions posed. It is concluded that the prerequisite for the anthropological approach in the theory of law is the use of human-like concepts in modern legislation (guilt, justice, peculiar ferocity, child abuse, willful evasion, conscientiousness).

A Study on anthropology of education of 'character' (인성과 교육의 관계적 의미 고찰: '문질빈빈' 인성 고찰을 통한 교육인류학적 함의 탐색)

  • Shin, Hyun-Seok;Kim, Sang-cheol
    • (The)Korea Educational Review
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    • v.23 no.2
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    • pp.131-155
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    • 2017
  • In this study, I examine what is called character. It is to establish what constitutes a relationship between life, culture, and education. In addition, I try to explore the possibility of anthropology of education as an academic basis for character education by using the way of '문 질빈빈(文質彬彬)'. As a result of the study, 'character' in terms of '문(culturality)' aspect implies the qualities, the nature, the disposition, and the meaning of virtue. A 'character education' can be seen in school education as a moral consideration, considering the social context, such as the ability to live harmoniously. In terms of '질(naturality)', I will look at both the innate aspect of the character and the acquired aspect through the 'character' which is the essence of character. Character is the concept of both parties, and if it is influenced by an external environment, one can seek better ways to improve the chances of improvement through education. Furthermore, the role of education is inevitably required in order to achieve the goal of 'lesser human being' to 'better human being'. Home and school education can have a positive impact on the character. An honest mind about humanity among family members is the right character. The importance of humanity is considered as a value to be recognized and protected in our society because the logic that it protects the family by character and helps to maintain the social order influences to the legal culture tradition of the modern. Therefore, the academic approach through anthropology of education has sufficient value of trial study for exploring the relationship between character, education, and culture for teachers and learners, and is appropriate for providing an academic foundation.

The Gesture of the Gift: A Discourse-Centered Approach to Corporate Social Responsibility (선물의 제스처: 미국 내 기업의 사회적 책임에 대한 담론-중심적 논의)

  • Koh, Kyung-Nan
    • Cross-Cultural Studies
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    • v.30
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    • pp.31-51
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    • 2013
  • In this paper, I approach corporate social responsibility as a discourse metadiscursively shaping the social relationship between corporations and society. Using a discourse-centered approach to culture, I examine how early discussions (involving legal disputes) on the rights of corporations to give evolved into a public sphere discussion as to how corporations can be viewed and redefined as social actors with capabilities to perform socially meaning actions, which here is "responsibility." I discuss how corporate social responsibility currently operates as a metadiscourse of corporate personhood, ethics, and corporate citizenship. Then, using insights from Mauss, I analyze how corporate social responsibility might be comparable to a Maussian gift exchange. Corporate social responsibility actions that are performed, indeed, are gift exchanges in that they involve the ideology of the free gift and the implicit expectation of a return to the giver. In the meantime, I argue, that in the case of corporate social responsibility, it is not the act of giving gifts (e.g., grants) that can lead to social alliances but rather the talk of gift giving, a departure from the ceremonial gift exchanges observed by Mauss. That is, here, the talk of giving shapes social alliances, thus displacing this function from the act of giving itself. The PR strategies deploy talk of the gift as a metapragmatic strategy, inviting various forms of role alignment on the part of diverse, potential and actual, participants, in a framework of corporate-sponsored gift exchange in which potential recipients compete, again at the level of metapragmatic description, to become the chosen gift recipient.