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INDONESIA
Ius Humani. Law Journal
Published by Universidad de Los Hemisferios
ISSN : 1390440X     EISSN : 13907794     DOI : -
Core Subject : Humanities, Art, Social,
Arts Humanities Law, Crime, Criminology & Criminal Justice
Ius Humani Law Journal is a platform (iushumani.org) open to researchers around the world. It contains articles in all languages, where writers publish original studies on persons rights (natural, human or constitutional) and about the effective procedures for the protection of rights. The studies are viewed both form the philosophical perspective and the perspective of the fundamental juridical principles. Ius Humani’s purpose is the diffusion of knowledge, and the promotion of debate on different juridical perspectives.
Arjuna Subject : -
Articles 225 Documents
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Atria in the Backpack, From Classroom to Convention: Reflections on the Conceptual Evolution of Higher Education as a Social Right Paz Coronel, Daniela Patricia
Ius Humani. Jornal do direito v. 13 n. 1 (2024): Ius Humani. Revista de Derecho
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v13i1.343

Abstract

This paper aims to conduct a descriptive analysis about the conceptual development that Chilean higher education has had from the perspective of Fernando Atria. We will use his texts; " Neoliberalism con rostro Humano" (2013) and " Derechos Socials and Education" (2014), as a starting point. They will be contrasted with some more up-to-date interviews, to determine the existence of any meaningful change around his higher education concept towards a context pre and post social outbreak (October 2019). Thus, it is of special significance to make reflections around the public discussion that involves the new Chilean constitution drafting, where Atria also won its seat as a conventional constituent. Therefore, it is sought in this process to show his transition from academic to political.
Administrative law governing the activities of law enforcement agencies under Martial Law Holodnyk, Yurii; Savranchuk, Liudmyla; Voznyk, Mikhail; Horbach-Kudria, Ivanna; Kuzyk, Viacheslav
Ius Humani. Jornal do direito v. 13 n. 1 (2024): Ius Humani. Revista de Derecho
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v13i1.344

Abstract

Effective and timely performance of duties by law enforcement officers under martial law is an important step on the way to restoring law and order disturbed by the armed conflict. The aim of the study was to analyze the structure of the mechanism of administrative law governing the activities of law enforcement agencies under martial law. The multiple-aspect research object determined the use of a wide range of methods, such as the comparative analysis and the method of comparative law. In this sense, implementing measures by the police to provide a technical forensic examination of the scene upon the discovery of suspicious explosive devices and ammunition is considered effective for ensuring law and order during martial law. During an armed conflict, the law enforcement officers carry out their activities in compliance with the provisions of administrative law governing law enforcement activities under martial law. A coordinated structure of law enforcement agencies during martial law helps to establish law and order and observe human rights and freedom. Further research on the activities of law enforcement agencies under martial law may focus on developing practical recommendations regarding the effectiveness of police activities, and these may be demining the territory and inspecting the scene by the police in the event of the discovery of explosive devices.
Commercial protectionism as a response to the globalization crisis in the West: Trump and Brexit Medina Rivas Plata, Anthony Rolando
Ius Humani. Jornal do direito v. 13 n. 1 (2024): Ius Humani. Revista de Derecho
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v13i1.345

Abstract

In recent years, we have witnessed a significant turn towards commercial protectionism as a response to what some perceive as clear discontent provoked by the current process of globalization. Our work will focus on two of the most emblematic events symbolizing this trend: the presidency of Donald J. Trump (2017-2021) in the United States and the Brexit referendum in the United Kingdom. Trump marked a turning point in U.S. trade policy, advocating an "America First" approach that included imposing tariffs and renegotiating international trade agreements. On the other hand, the 2016 Brexit referendum and the subsequent UK's departure from the European Union in 2020 represented a paradigmatic case of regional protectionism. Therefore, we will explore how Brexit affected trade relations between the UK and the EU, as well as its position on the international stage. Along these lines, we will discuss the broader implications of these two dynamics in the context of the globalization crisis: Do these movements pose a sustainable challenge to the existing global economic order, or are they temporary responses to specific issues? What lessons can be drawn from these experiences for the future management of trade conflicts?
South American regional integration: Does it solely depend on the political convergence of its governments? Apunte, Juan Francisco Camino
Ius Humani. Jornal do direito v. 13 n. 1 (2024): Ius Humani. Revista de Derecho
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v13i1.346

Abstract

South American regional integration has been part of the political rhetoric of South America governments since the creation of the first regional organizations in 1969. However, in each subcontinent (Central America, South America, North America), they have established their own systems of integration and governance. In South America, except for the Andean Community of Nations and Mercosur, the rest have had an important political condition, and their strengthening and permanence are related to the political convergence between the governments of the region, because they have the constitutional attributions about the formulation and execution of foreign policy. This article analyzes through the QCA, whether it is indeed the political dimension that effectively explains the promotion, encouragement, and consolidation of regional integration in the subcontinent. For this purpose, two dimensions are proposed: the first is economic, measured through two variables such as complementarity and commercial interdependence, and the political dimension, measured through two variables: ideological distance and whether the promotion of integration is part of the constitutions of each country.
Does legal capacity matter for inclusive economic development? Empirical evidence from Southern Africa George Banda, Lloyd
Ius Humani. Jornal do direito v. 13 n. 1 (2024): Ius Humani. Revista de Derecho
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v13i1.347

Abstract

The legal capacity or, otherwise, the institutions of rule of law (RL), have become a key factor for inclusive economic development, but the main strands of the literature involve theoretically driven expectations. Therefore, the study sought to examine the impact of legal capacity on inclusive economic development in the Southern African Development Community (SADC) region. While extant studies focused on the effect of governance on national output, the present study goes beyond growth by including welfare indicators. The study employed a panel autoregressive distributed lag (ARDL) approach for data from all 16 SADC member states from 1996 to 2019. The interpretation of results and policy implications are based on the outcomes of the pooled mean group (PMG) estimator, which was deemed by the Hausman test as the best and most efficient estimator over the MG and the DFE family of the ARDL panel estimators. The results of the restricted panel reveal that strengthening the institutions of the RL leads to an improvement in inclusive economic development among SADC states. Therefore, we argue that trade laws should be domestically integrated and embedded in SADC's national laws, and that common courts should be set to adjudicate disagreements over compliance. We also propose that SADC introduce incentives to increase legal stakeholders' participation across the region.
To make Politics a science: Epistemological Approaches Begnini, Pablo
Ius Humani. Jornal do direito v. 13 n. 1 (2024): Ius Humani. Revista de Derecho
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v13i1.348

Abstract

Nowadays, empirical knowledge - based on observation and verification of facts - is considered the highest criterion of validation in science. This has led to the overshadowing of other types of knowledge that are not based on empirical evidence, considering them as speculative or vulgar. This dogmatic attitude has radically modified the research activity, generating distrust in disciplines that do not follow the scientific method, particularly harming the social science. Given these limitations, this work advocates the need to approach knowledge from a broader and more holistic perspective, which favors the approach of the findings of the social science to the construction of a more assertive science. In this sense, we will comment on some of the modern conceptions of the theory of knowledge, trying to guide the reader towards the scientistic perspective and then explain how it has gradually lost credibility in epistemological spheres. In the background and based on the thinking of authors such as the philosopher Karl Popper or the historian Thomas Khun, we will seek to notice how these positions are always inconclusive or reductionist in their desire to understand reality. Finally, we will propose the Aristotelian theory of causality as an epistemological framework for Political Science, to avoid the reduction of knowledge to pre-established concepts and thus enrich human horizons.
Bioethics and Biolegal: ways to fully reconcile human beings Gamboa-Bernal, Gilberto Alfonso
Ius Humani. Jornal do direito v. 13 n. 2 (2024): Ius Humani. Revista de Derecho
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v13i2.349

Abstract

Although Bioethics was born in a context of biomedical research and the practice of health sciences, it was not its only course: VR. Potter proposed a global bioethics, where the environment should also be the protagonist. And if one of the tasks that Bioethics has had since its origins is to return to the practice of medicine the human component that biotechnological developments threaten to take away, Bioethics must also serve to reconcile the human being with himself, with others and with the environment of which it is a part, since it intervenes and modifies it with a negative balance for nature. Another main task of Bioethics is to contribute to recognizing the value of human life and strengthening a culture of life, which armed conflicts and economic interests seek to make disappear. To achieve these objectives, a convenient biolegal support is necessary, of which the legislative bodies are especially guarantors, who have a precise and clear responsibility to legislate in accordance with the Political Constitution of the States. It is important and essential that new generations acquire, from an early age, concepts, habits and attitudes that guarantee a wisdom of life that is reflected in everyday life, where goods, virtues and norms are articulated that guarantee human coexistence and the consolidation of societies. fair, supportive and truly free.
Legal-Literary Explorations: Approaches to the Representation of Law in Literature. Azalde León, José Mario; Rivera Cáceres, Ruth Melina; Aranibar Barriga, María Alejandra; Garcia Paco, Lidia Nathalia
Ius Humani. Jornal do direito v. 13 n. 2 (2024): Ius Humani. Revista de Derecho
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v13i2.365

Abstract

This article investigates the possible approaches between law and literature, exploring how legal analysis can be enriched through literary narratives. Although the boundaries between law and literature are clear, the research focuses on how literary works offer insights into freedom, justice, and law. It examines how law is represented in literature and how these representations contribute to a deeper understanding of fundamental legal concepts. The article is structured into four sections. First, it examines the insularity of law and the lack of progress in interdisciplinary studies, which affect legal education and reinforce legal positivism. The second section explores the possible relationships between law and literature, analyzing how different authors have addressed legal themes in their works. The third section addresses the interpretations and theoretical complexities of the interdisciplinary approach, promoting a dialogue between various schools of thought. Finally, the fourth section presents legal dimensions in literature, in a quest to operationalize the proposed interdisciplinary categories. The main conclusion of the article is that the integration of literature into the study of law provides a platform to explore and challenge legal conventions. This interdisciplinary approach enriches both legal science and literary studies, providing a more comprehensive and critical understanding of legal phenomena. By combining legal and literary analyses, the development of law as a dynamic and progressive discipline is advanced, better equipped to respond to contemporary challenges.
Neocapitalism And Resilience: The Culture Of Self-Help As A Coping And Control Mechanism Meneses Benítez, Marilyn Yadira
Ius Humani. Jornal do direito v. 13 n. 2 (2024): Ius Humani. Revista de Derecho
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v13i2.368

Abstract

This article examines how the self-help culture and the resilience discourse have taken root in contemporary societies, configuring subjectivities oriented towards the figure of a resilient, individualized, self-sufficient citizen who favors the interests of neocapitalism. In response to the demands of this model, resilience strategies designed to survive a context of continuous crisis, precariousness and uncertainty emerge. First, we analyze the current landscape of neocapitalism and the demands it imposes on individuals, emphasizing the need for continuous adaptation and the pressure for individual success. Then, it explores how self-help has penetrated the culture, becoming part of common sense. Subsequently, the resilience strategies that individuals adopt to face the challenges of neocapitalism are analyzed. Finally, the article concludes with a critical reflection on the rise of these strategies and the implications of the depoliticization of well-being and the individualization of responsibility.
Constitutional Limits On The Application Of The Principle Of Non-renounceability Of Rights In Labor Matters. A Theoretical Approach Rodríguez Martínez, Gonzalo Javier
Ius Humani. Jornal do direito v. 13 n. 2 (2024): Ius Humani. Revista de Derecho
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v13i2.369

Abstract

The principle of non-waivability of rights in peruvian labor jurisdictions has been the subject of intense academic debates. This study explores the interaction between non-waivability of rights and normative temporality rules concerning labor rights enshrined in the 1993 Constitution. It argues that a correct interpretation, considering the theory of accomplished facts, encourages formal employers to create jobs in the Peruvian economy. Furthermore, it examines the jurisprudential application of the non-waivability principle in labor proceedings, emphasizing Law 29497 and its impact on conciliation agreements.

Page 18 of 23 | Total Record : 225

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