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Three Philosophical Pillars of the 2022 Armenian Constitutional Revision: Empowerment of Public Discourse, Theory of Justice, and Environmental Ethics 2022 年亚美尼亚宪法修订的三大哲学支柱：公共话语权、正义理论和环境伦理
IF 0.6
Wisdom Pub Date : 2023-12-25 DOI: 10.24234/wisdom.v28i4.1053
Davit Hakobyan
{"title":"Three Philosophical Pillars of the 2022 Armenian Constitutional Revision: Empowerment of Public Discourse, Theory of Justice, and Environmental Ethics","authors":"Davit Hakobyan","doi":"10.24234/wisdom.v28i4.1053","DOIUrl":"https://doi.org/10.24234/wisdom.v28i4.1053","url":null,"abstract":"The first chapter of this article presents the consequences of the 2015 constitutional change and the specifics of their implementation before and after the 2018 Velvet Revolution. The second chapter makes substantive considerations on the constitutional reforms launched in 2022 through the prism of the rule of law and the improvement of public discourse. It addresses the procedural democracy developed by modern political philosophy and focuses on legal mechanisms in an attempt to improve the political discourse promoted by Jurgen Habermas. It also discusses the theory of Justice developed by John Rawls and provides reflections on Environmental Ethics stemming from the philosophy of responsibility of Hans Jonas.","PeriodicalId":41633,"journal":{"name":"Wisdom","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2023-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139157722","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Complex Regional Unification of Private International Law Rules on the Base of a Three-Part Structure: Political and Legal Framework 基于三部分结构的国际私法规则的复杂地区统一：政治和法律框架
IF 0.6
Wisdom Pub Date : 2023-12-25 DOI: 10.24234/wisdom.v28i4.1091
Alisa Berman, Nikita Ershov
{"title":"Complex Regional Unification of Private International Law Rules on the Base of a Three-Part Structure: Political and Legal Framework","authors":"Alisa Berman, Nikita Ershov","doi":"10.24234/wisdom.v28i4.1091","DOIUrl":"https://doi.org/10.24234/wisdom.v28i4.1091","url":null,"abstract":"This article examines the theoretical and legal framework of a complex regional unification of private international law rules on the basis of a three-part structure. The authors analyzed reasons for spread of trends to regional unification of private international law. Special attention in the article is given to the definition of the content and essence of a complex regional unification. The authors define acts of complex unification as acts structured according to the principle of a consistent response to the questions of applicable law, jurisdiction, recognition and enforcement of foreign decisions in the regulated area. The article identifies the key advantages and disadvantages of a complex unification of private international law based on a three-part structure. The authors conclude that, to date, the adoption of acts of complex unification based on the three-part structure is one of the key trends in the unification of private international law.","PeriodicalId":41633,"journal":{"name":"Wisdom","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2023-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139157766","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Shareholders’ Agreement in the Crossroads of Philosophy of Law 法律哲学十字路口的股东协议
IF 0.6
Wisdom Pub Date : 2023-12-25 DOI: 10.24234/wisdom.v28i4.1008
Karen Meliksetyan
{"title":"Shareholders’ Agreement in the Crossroads of Philosophy of Law","authors":"Karen Meliksetyan","doi":"10.24234/wisdom.v28i4.1008","DOIUrl":"https://doi.org/10.24234/wisdom.v28i4.1008","url":null,"abstract":"This article is devoted to the identification and analysis of the essence and content of shareholders’ agreements as innovative tools in the context of philosophy of law, as well as legal consequences and liability measures arising in case of violation of a shareholders’ agreement. The article deals with the issues of conclusion, execution of a shareholders’ agreement, enforcement, termination of obligations, as well as liability arising from violation of a shareholders’ agreement. Referring to the experience of foreign countries, it was proposed to introduce a number of liability measures under the legislation of the Republic of Armenia: options, “default”, “bad leaver”, “discount”, etc. On the other hand, exploring the features of a shareholders’ agreement in venture joint-stock companies, we have proposed to legislate the mechanism of an investment and/or shareholders’ agreement.","PeriodicalId":41633,"journal":{"name":"Wisdom","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2023-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139157829","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Philosophical Interpretation of Risk Assessment in Municipal Project Management 市政工程管理中风险评估的哲学解读
IF 0.6
Wisdom Pub Date : 2023-12-25 DOI: 10.24234/wisdom.v28i4.1044
Armen Tshughuryan, Reza Barati
{"title":"The Philosophical Interpretation of Risk Assessment in Municipal Project Management","authors":"Armen Tshughuryan, Reza Barati","doi":"10.24234/wisdom.v28i4.1044","DOIUrl":"https://doi.org/10.24234/wisdom.v28i4.1044","url":null,"abstract":"Project management emphasizes the process of risk assessments, because any project is attended not only by the risks of failure due to lack of funding, but also by the design of the required quality and quantity of final results. Consequently, there is a need to show a new philosophical approach to the identification, evaluation and decision-making of the risks in programs, implemented in municipal structures, because the range of beneficiaries related to this field is not only wide, but also more multi-layered (government, municipal authorities, investors, middle-level and top managers, population, etc.). The article proposes a model of risk management of projects, implemented in municipal facilities, which enables not only to form a management information feedback between all beneficiaries, but also to include them in participatory risk prevention processes. A ranking process of risk factors related to the management of municipal projects is also proposed, which increases the effectiveness of managerial decisions, aimed at risk prevention and the justification of philosophical interpretations related to it.","PeriodicalId":41633,"journal":{"name":"Wisdom","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2023-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139158319","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Spatial Planning and Philosophy of Justice: Corrective Action on Commutative Justice Theory (A Study in Kalimantan, Indonesia) 空间规划与正义哲学：对换位正义理论的纠正行动（印度尼西亚加里曼丹岛研究）
IF 0.6
Wisdom Pub Date : 2023-12-25 DOI: 10.24234/wisdom.v28i4.1010
Jhonsen Ginting, Absori Absori, Khudzaifah Dimyati, Kelik Wardiono, Arief Budiono, Muhammad Nur, Achmadi Achmadi
{"title":"Spatial Planning and Philosophy of Justice: Corrective Action on Commutative Justice Theory (A Study in Kalimantan, Indonesia)","authors":"Jhonsen Ginting, Absori Absori, Khudzaifah Dimyati, Kelik Wardiono, Arief Budiono, Muhammad Nur, Achmadi Achmadi","doi":"10.24234/wisdom.v28i4.1010","DOIUrl":"https://doi.org/10.24234/wisdom.v28i4.1010","url":null,"abstract":"The absence of an ideal legal norm in determining an equitable spatial arrangement and provision of land has created a major problem with the increase of certificate production concerning property rights and granting permits for managing areas. This research used normative juridical research methods with a philosophic research approach which analyzed research results that produce descriptive analysis data related to holistic written and examined data. Results show that an ideal breakthrough is required to provide a balanced solution between spatial planning and the provision of land for certificate products especially for indigenous people. The breakthrough can be in the form of corrective actions that can be implemented to provide a balance and an ideal solution for spatial planning and the provision of land for certificate products, especially in district/city areas. In addition, the basic principles of commutative justice are considered capable of providing equality, balance, and harmony among the existing laws.","PeriodicalId":41633,"journal":{"name":"Wisdom","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2023-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139158352","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Philosophical and Legal Rationale for a Systematic Analysis of Digital Dispute Resolution Models in Modern Arbitration 系统分析现代仲裁中数字争议解决模式的哲学和法律依据
IF 0.6
Wisdom Pub Date : 2023-12-25 DOI: 10.24234/wisdom.v28i4.1037
Elena Ermakova
{"title":"The Philosophical and Legal Rationale for a Systematic Analysis of Digital Dispute Resolution Models in Modern Arbitration","authors":"Elena Ermakova","doi":"10.24234/wisdom.v28i4.1037","DOIUrl":"https://doi.org/10.24234/wisdom.v28i4.1037","url":null,"abstract":"In the article, the author presents a systematic analysis of models of digital dispute resolution in modern arbitration. The author studied the dispute resolution models on the platforms “Kleros”, “Aragon”, “CodeLegit”, as well as the Draft arbitration rules for smart contracts “JAMS-2018” and the English “DDRR-2021”. The author identifies the following types of models of arbitration dispute resolution: 1) traditional arbitration; 2) traditional arbitration with blockchain elements (a model based on the CodeLegit platform), 3) digital arbitration (“DDRR-2021”). The most important feature and difference of the English “Digital DR Regulation” 2021 is the fact that the entire process from the beginning (occurrence of the case) to the end (execution of the decision) is resolved automatically without the intervention of human arbitrators with the help of an artificial intelligence agent. This is the procedure for resolving a dispute in the field of smart contracts that should be called digital arbitration. The so-called “decentralized arbitration” on the platforms “Kleros”, “Aragon”, “OpenLaw”, “Mattereum Protocol”, “Rhubarb Fund”, “Jury.Online”, “Jur”, “OATH Protocol”, “Juris” and other models of this type does not allow these models to be considered arbitration. The author believes that these models should be conditionally called crowdsourcing quasi-arbitration.","PeriodicalId":41633,"journal":{"name":"Wisdom","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2023-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139159528","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Review of the Monograph: Kolosov I. V. the History of Legal Consequentialism: The Effectiveness of Law 专著评论：Kolosov I. V. the History of Legal Consequentialism：法律的效力
IF 0.6
Wisdom Pub Date : 2023-12-25 DOI: 10.24234/wisdom.v28i4.1015
Igor Mukienko
{"title":"Review of the Monograph: Kolosov I. V. the History of Legal Consequentialism: The Effectiveness of Law","authors":"Igor Mukienko","doi":"10.24234/wisdom.v28i4.1015","DOIUrl":"https://doi.org/10.24234/wisdom.v28i4.1015","url":null,"abstract":"This article presents a review of the monograph “The History of Legal Consequentialism: The Effectiveness of Law”. I. V. Kolosov’s monograph is a comprehensive study of the use of the principle of utility and other principles aimed at achieving a certain effect, i.e., doctrines that are based on the fact that legally significant actions are approved or disapproved depending on their potential to achieve a result. The subject of this monograph is specific ideas about the effective implementation of legal activities within the framework of these doctrines, including in the context of lawmaking and law enforcement, which determines its practical significance. I. V. Kolosov’s monograph is valuable for modern legal science from the point of view of its systematic, scientific, and representative analysis of scientific sources. The scientific significance of the monograph is expressed in conclusions, generalisations and proposals. I. V. Kolosov’s research organically combines both a theoretical analysis of the content of legal doctrines of various time periods, from the standpoint of general philosophical, axiological, historical, general and comparative legal aspects, and practical conclusions and proposals regarding the possibilities of legal activities, taking into account the theoretical framework of legal consequentialism.","PeriodicalId":41633,"journal":{"name":"Wisdom","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2023-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139159597","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Digital Arbitration Is a New Way of Dispute Resolution for the Unified Digital Space of the EAEU: Political, Philosophical and Legal Aspect 数字仲裁是欧亚经济联盟统一数字空间争议解决的新途径：政治、哲学和法律方面
IF 0.6
Wisdom Pub Date : 2023-12-25 DOI: 10.24234/wisdom.v28i4.1072
Elena Ermakova, Olga Protopopova
{"title":"Digital Arbitration Is a New Way of Dispute Resolution for the Unified Digital Space of the EAEU: Political, Philosophical and Legal Aspect","authors":"Elena Ermakova, Olga Protopopova","doi":"10.24234/wisdom.v28i4.1072","DOIUrl":"https://doi.org/10.24234/wisdom.v28i4.1072","url":null,"abstract":"The article discusses the theoretical legal foundations of a new type of arbitration – digital arbitration (or blockchain arbitration). The author formulated the concept of digital arbitration and analyzed the differences between digital arbitration and traditional arbitration from the point of view of theories about the legal nature of arbitration. In particular, the author believes that the term digital arbitration (blockchain arbitration) is used in three meanings. Firstly, the term digital arbitration refers to a way to protect the rights arising from smart contracts. This method is considered as an alternative to those methods that imply the need to seek judicial protection from the State or traditional arbitration. Secondly, digital arbitration refers to the body that organizes the digital trial of a legal dispute. And, thirdly, this concept denotes an artificial intelligence agent (robot), which considered the dispute submitted for its resolution. The author believes that due to its features, digital arbitration can be recommended as an alternative way to resolve disputes in the digital space of the EAEU.","PeriodicalId":41633,"journal":{"name":"Wisdom","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2023-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139159192","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Loss of Individuality in War: Existentialist Approach 战争中的个性丧失：存在主义方法
IF 0.6
Wisdom Pub Date : 2023-12-25 DOI: 10.24234/wisdom.v28i4.1035
Emil Ordukhanyan, Hrachya Saribekyan, Hayk Sukiasyan
{"title":"The Loss of Individuality in War: Existentialist Approach","authors":"Emil Ordukhanyan, Hrachya Saribekyan, Hayk Sukiasyan","doi":"10.24234/wisdom.v28i4.1035","DOIUrl":"https://doi.org/10.24234/wisdom.v28i4.1035","url":null,"abstract":"The article explores the issue of loss of individuality in the war according to theoretical perceptions of existentialist philosophers. The problem is observed and discussed focusing mainly on the cases of two world wars emerged in 20th century. It is obvious that these wars had a huge global impact not only on the social and political life worldwide, but also on the philosophical perceptions of human life valorization and his existence. Based on the comparative analysis of philosophical views of different thinkers the article reveals the loss of human individuality both in social conditions and on the ontological level.   It is concluded that if the philosophy of World War I observed death as a unifying factor, including an equalization that excludes the individual, then existentialism, as a condition of the reality of widespread death, considers it as a phenomenon that opens the spiritual eye of a person to the reality of death. As the development of technology and wars are closely related, world wars represent a direct threat by primitive nations that assimilate and use technology to absorb nations endowed with peace-loving and creative spirit. This is a big threat to humanity in terms of its dehumanization and destruction.","PeriodicalId":41633,"journal":{"name":"Wisdom","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2023-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139159584","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Methodology for the Study of the Principles of Establishing Territorial Jurisdiction and Mechanisms for Resolving Digital Disputes by the Courts of the International Financial Center of Dubai 迪拜国际金融中心法院确立领土管辖权的原则和解决数字纠纷机制的研究方法
IF 0.6
Wisdom Pub Date : 2023-12-25 DOI: 10.24234/wisdom.v28i4.1047
Irina A. Gronic, Alisa Berman
{"title":"Methodology for the Study of the Principles of Establishing Territorial Jurisdiction and Mechanisms for Resolving Digital Disputes by the Courts of the International Financial Center of Dubai","authors":"Irina A. Gronic, Alisa Berman","doi":"10.24234/wisdom.v28i4.1047","DOIUrl":"https://doi.org/10.24234/wisdom.v28i4.1047","url":null,"abstract":"The article attempts to analyse the principles of es-tablishing territorial jurisdiction when resolving disputes in the courts of Dubai International Financial Centre (DIFC) in the United Arab Emirates. In the context of globalization scientists and practitioners face the question of selecting appropriate and effective methods to cognize jurisdiction, the application of regulatory methods and mechanisms to resolve digital disputes in international practice. Attention is drawn to the need to develop theoretical approaches to establish the nature of relations arising from digital disputes and to determine the liability of parties in relation to the subject matter of a digital dispute, as well as in relation to technologies controlled by artificial intelligence and robotics.","PeriodicalId":41633,"journal":{"name":"Wisdom","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2023-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139157999","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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