对恐怖主义一词基本术语定义的认识论分析

Neđo Danilović, Samra Dečković
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摘要

本文的主题是对恐怖主义一词的基本术语定义进行认识论分析。本文从理论和方法的角度证实了早先的认识,即世界文献和国际法律立法对恐怖主义的定义并不统一。众多作者对恐怖主义一词含义的描述和科学解释五花八门,有的认为有组织犯罪是恐怖主义的一部分,有的认为海盗行为是恐怖主义行为。从认识论的角度来看,本文证实,从恐怖主义行为的现象学到给受害者造成的后果,对恐怖主义现象的理解存在巨大差异。对现有的恐怖主义理论和法律定义进行比较分析的结果证实,国内、欧洲和世界文献对恐怖主义的定义并没有达成必要的一致。该术语的理论定义与关于防止资助恐怖主义的法案中对恐怖主义的定义之间的冲突尤为明显。正因为在国际层面的法律法规中对恐怖主义一词缺乏一个普遍接受的定义,所以经常出现这样的情况:在某些情况下,一个人或社会政治团体被视为恐怖分子,而在相同或类似情况下,另一个人或社会政治团体则被视为自由战士。从这一观点出发,本文在结论部分提出了恐怖主义的一个综合的、可行的和有特点的定义,它可以为构建一个国际公认的关于恐怖主义这一复杂的社会政治现象的科学定义做出微薄的贡献。所提出的定义具有认识论上的认知价值,因为它包含了恐怖主义一词的基本含义。此外,拟议的定义符合定义理论术语的所有八项方法论标准,首先是客观性和内 容性标准、多样性和包容性标准、复杂性和发展性标准、等价性和比例性标准以及辩证法标 准。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
EPISTEMOLOGICAL ANALYSIS OF THE BASIC TERMINOLOGICAL DEFINITIONS OF THE TERM TERRORISM
The subject of this paper is an epistemological analysis of the basic terminological definitions of the term terrorism. The paper, from a theoretical and methodological point of view, confirms earlier knowledge that there is no uniformity in the definition of terrorism in world literature and international legal legislation. Descriptions and scientific explanations of the meaning of the term terrorism by numerous authors are very diverse, starting with the fact that organized crime is a part of terrorism, and ending with the fact that piracy is a terrorist act. From an epistemological point of view, the paper confirms that, ranging from the phenomenology of the terrorist act to what leaves consequences for the victim, there are great differences in the understanding of the phenomenon of terrorism. The results of the comparative analysis of the available theoretical and legal definitions of terrorism confirmed that there is no necessary level of agreement regarding the definition of terrorism in domestic, European and world literature. The collision between the theoretical definitions of this term and the definitions of terrorism in legal acts on the prevention of terrorist financing is particularly noticeable. Precisely because of the lack of a generally acceptable definition of the term terrorism in legislative legal acts at the international level, it often happened that one person or socio-political group was treated as terrorists in some cases, while another person or socio-political group in the same or similar situations, freedom fighters. Starting from such a point of view, in the conclusion of the work, a synthetic, working and characteristic definition of terrorism is offered, which can represent a modest contribution to the construction of an internationally acceptable scientific definition of terrorism as a complex and complex socio-political phenomenon. The proposed definition has an epistemological cognitive value, because it contains the basic meaning of the term terrorism. In addition, the proposed definition fulfils all eight methodological criteria for defining theoretical terms, first of all, the criteria of objectivity and content, diversity and inclusiveness, complexity and development, equivalence and proportionality, as well as the criterion of dialectics.
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