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Journal : Dialektika kontemporer

The Role of Subjectivity, Freedom, and Situational Ethics in Theistic Existentialism: Insights from Kierkegaard’s Fear and Trembling Berebon, Charles
Jurnal Ilmu Sosiologi Dialektika Kontemporer Vol 13, No 1 (2025)
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This paper examines the interplay between subjectivity, freedom, and moral decision-making within the framework of Theistic Existentialism, with a focus on Søren Kierkegaard’s Fear and Trembling. It explores Kierkegaard’s concepts of infinite resignation, the knight of faith, and the “double movement” to demonstrate the tension between the finite and infinite in human existence. The discussion extends to existential themes of the human condition, freedom, and situational ethics. By juxtaposing Kierkegaard’s emphasis on faith and absurdity with broader existentialist notions, the paper argues for the importance of subjectivity and personal responsibility in ethical decision-making. The conclusion underscores the existentialists’ reconciliation of individuality with values, advocating for authentic living through a balance of freedom and responsibility in a world devoid of absolute moral rules.
Ethnic Identity and State Dysfunctionality in Post-Colonial African Societies: A Focus on Nigeria BEREBON, Charles; UKULOR, Donatus
Jurnal Ilmu Sosiologi Dialektika Kontemporer Vol 12, No 2 (2024)
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The role of ethnicity in driving intergroup conflicts has sparked considerable debate. Many argue that ethnic tensions in Africa stem from historical colonialism, competition for political power and resources, and the absence of a unified national identity or shared values. This article explores the connection between colonization and ethnic crises in Africa, with a particular focus on Nigeria. It examines how ‘ethno-social identity’ is conceptualized and investigates the links between ethnic polarization, ‘ethnocorruption,’ insecurity, and separatism. The study highlights the dysfunctionality of the state and the identity challenges posed by ethnocentric federalism, particularly in relation to questions of personal identity within the population. Issues such as the ‘indigene versus non-indigene’ divide and the conflicting ethnic identities—such as ‘I am Hausa,’ ‘I am Fulani,’ ‘I am Yoruba,’ or ‘I am Igbo’—reflect the broader crisis. A minority of politically influential ‘tribeless elites’ continue to dominate the political landscape. In recent years, Nigeria has become increasingly plagued by ‘kidnapped democracy,’ insecurity, and corruption. Escalating conflicts, including clashes between Fulani herders and non-Fulani farmers, banditry, kidnappings for ransom, and the activities of ‘Unknown Gunmen,’ are further undermining national unity. Meanwhile, socio-economic stagnation and the erosion of moral values have driven many young Nigerians to either join movements like the Obidient group or seek opportunities abroad through the ‘Japa’ phenomenon
The Impact of Educational Laws and Policies on National Development in Nigeria: Challenges and Pathways for Effective Implementation Berebon, Charles
Jurnal Ilmu Sosiologi Dialektika Kontemporer Vol 12, No 2 (2024)
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Education is universally recognized as a fundamental human right and serves as a cornerstone for social justice and societal advancement. It is one of the most powerful tools for fostering positive change and represents one of the best investments any nation can make to drive economic, political, social, and human development (Mandela, 2000). Education empowers individuals, equips them with the skills needed to participate fully in society, and lays the groundwork for sustainable national progress. In Nigeria, the philosophy of education is rooted in transforming individuals into responsible, effective citizens by ensuring equal educational opportunities for all, regardless of background or socioeconomic status. This vision is enshrined in the National Policy on Education (2014), which emphasizes the importance of providing functional and accessible education to every Nigerian, regardless of state of origin, religion, family socioeconomic status, or geographic location. The policy reflects Nigeria's commitment to building an inclusive and productive society through education that equips individuals with the skills and knowledge required to thrive. The development of a nation is intrinsically linked to the effectiveness of its educational laws and policies. In recognition of this, governments worldwide have made educational policies a priority, viewing them as critical tools for national development. In Nigeria, the role of education policies in fostering national development cannot be overstated; however, despite the significant emphasis on policy development, numerous challenges hinder their effective implementation. These obstacles have stifled the full realization of the transformative potential of education and have contributed to ongoing difficulties in achieving academic excellence across the nation. This paper explores the fundamental concepts of educational laws and policies, offering a concise history of their development within Nigeria. It also examines the philosophical foundations of educational policies and the complexities involved in adapting them to Nigeria's unique sociopolitical and cultural landscape. By analyzing these challenges and revisiting the philosophical principles behind Nigeria's educational policies, this discussion seeks to provide insights into how educational reforms can be more effectively implemented to foster genuine social progress and contribute to national development.
Populism and the Erosion of International Legal Norms Berebon, Charles
Jurnal Ilmu Sosiologi Dialektika Kontemporer Vol 13, No 1 (2025)
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The rise of populism poses a significant challenge to constitutionalism, democracy, and the rule of law. Populist governments undermine the international legal order and weaken the authority of international agreements. This article examines the critical threats that populism presents to international law, particularly its impact on international institutions, multilateralism, and the financial support received by Non-Governmental Organizations (NGOs). Populist leaders often promote the idea that international law is merely a tool for coordination and interventionism rather than a binding legal framework. Their policies, which tend to be anti-pluralist and focused on narrow, self-serving agendas, contradict fundamental international objectives such as the protection of human rights and collective cooperation among nations. By analyzing these concerns, this article highlights the growing risks associated with populist governance and its implications for the global legal landscape.
Communitarian Legal Pluralism (CLP) and the International Criminal Court (ICC): Toward a Hybrid Justice Model for Mass Atrocity Crimes Berebon, Charles
Jurnal Ilmu Sosiologi Dialektika Kontemporer Vol 13, No 1 (2025)
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The International Criminal Court (ICC) has long faced criticism for its perceived disconnect from the communities most affected by mass atrocities, with critiques centering on its Western-centric legal framework, punitive focus, and limited engagement with localized justice traditions. This paper proposes a transformative approach by applying Communitarian Legal Pluralism (CLP) to reconceptualize the ICC’s role in transitional justice. CLP, which recognizes the coexistence and legitimacy of multiple legal orders, offers a framework for integrating customary, Indigenous, and restorative justice mechanisms into international criminal proceedings. Through comparative analysis of case studies—including Rwanda’s gacaca courts, Uganda’s mato oput, and Colombia’s hybrid peace tribunals—we argue that a CLP-informed ICC could bridge the gap between global accountability and localized reconciliation. The study examines three key dimensions: (1) how subsidiarity principles could allow the ICC to defer to community-based justice where appropriate, while intervening only when local mechanisms fail to address grave human rights violations; (2) the potential for pluralist sentencing that incorporates reparative measures rooted in victims’ cultural norms; and (3) institutional reforms to enhance victim participation through culturally meaningful procedures. We demonstrate that such a hybrid model would not only strengthen the ICC’s legitimacy but also advance more sustainable post-conflict healing, as seen in cases where restorative practices outperformed retributive justice in fostering social cohesion. Challenges—including tensions between universal human rights standards and cultural relativism, as well as risks of elite capture in customary systems—are critically analyzed. The paper concludes with policy recommendations for a "pluralist complementarity" framework under the Rome Statute, urging the ICC to formally recognize CLP as a guiding principle for future interventions. By centering affected communities’ conceptions of justice, this approach reimagines international criminal law as a dynamic, dialogical system rather than an imposition of external legal norms.
The Pluralist Imperative: Reforming the International Criminal Court's Complementarity Principle through a CLP Lens Berebon, Charles
Jurnal Ilmu Sosiologi Dialektika Kontemporer Vol 13, No 2 (2025): Juli – December 2025
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The International Criminal Court (ICC), governed by the state-centric complementarity principle in Article 17 of the Rome Statute, faces a persistent legitimacy crisis. Its “unwilling or unable” test, designed to adjudicate between national and international jurisdiction, systematically marginalizes non-state, community-based justice mechanisms (CBJMs). This paper argues that this legal centralist approach delegitimizes vital local practices like Uganda’s matu oput and Rwanda’s gacaca, undermining the ICC’s efficacy and moral authority. Applying the tenets of Community Legal Pluralism (CLP), this article offers a critical doctrinal analysis of ICC jurisprudence and a comparative study of its application in contexts like Colombia and Uganda. It posits that CLP—with its emphasis on collective well-being and participatory governance—provides the necessary theoretical lens to reform the complementarity principle. The paper proposes a concrete “pluralist complementarity” framework, outlining specific criteria (e.g., procedural fairness, human rights safeguards, and community legitimacy) for the Office of the Prosecutor to assess CBJMs. Furthermore, it recommends procedural reforms to formally integrate participatory input from traditional justice authorities during preliminary examinations and trial phases. By moving CLP from theoretical critique to actionable institutional reform, this paper provides a blueprint for transforming the ICC into a facilitator of “glocalized” justice, thereby enhancing its legitimacy and effectiveness in the pluralistic global order.