E-JOURNALS OF UNIVERSITY SULKHAN-SABA ORBELIANI
Not a member yet
300 research outputs found
Sort by
The United Nations, the Council of Europe and the European Union Regarding the Protection of Victims of Trafficking
Get PDFThe instruments for the prevention and fight against trafficking in human beings and the protection of victims have meant the assumption of the victim-centric paradigm in the fight against the phenomenon of trafficking in human beings. However, thisarticle will analyze the protection measures of the United Nations, the Council of Europe, and the European Union and the protection they provide to these victims. As we shall see, in the case of victims in an irregular administrative situation, this protection is very limited.The instruments for the prevention and fight against trafficking in human beings and the protection of victims have meant the assumption of the victim-centric paradigm in the fight against the phenomenon of trafficking in human beings. However, thisarticle will analyze the protection measures of the United Nations, the Council of Europe, and the European Union and the protection they provide to these victims. As we shall see, in the case of victims in an irregular administrative situation, this protection is very limited
The Principle of Effectiveness of Eu Law from the Perspective of the Obligations of National Courts
Get PDFThe principle of effectiveness of EU law, despite the lack of an explicit basis in EU primary law, is the source of principles regulating the nature of EU law and the manner of its application. It particularly affects the performance of duties by domestic courts,which, according to the wording of Art. 19 para. 1 item 2 TEU, is one of the elements of the EU judicial system. It is based on a systemic dualism that includes the CJEU and national courts. When analyzing the implementation of the principle of effectiveness,it should be noted that it covers two areas. The first is of general nature and concerns the obligation to ensure the effectiveness of EU law, and the second – the subjective one – is related to the obligation to ensure the effectiveness of EU law in a specific case bygranting adequate protection to the rights of an individual that derive from EU law. In this aspect, the courts are of key importance, as they implement it through the systemic principle of effective judicial protection. It is a guide that indicates how to proceedand what principles should be followed in the process of application of EU law. This process consists of several stages, the implementation of which is subordinated to one goal – to guarantee effective judicial protection and thus the effectiveness of EU law. First, the court examines whether a given claim is based on a norm that has a direct effect, which will determine the next stage of action. Then, by referring to the principle of direct effect, it subsumes and, if necessary, applies the principle of primacy of EU lawor a pro-EU interpretation. The last element that indirectly implements the principle of effectiveness of EU law is the referral for a preliminary ruling.The principle of effectiveness of EU law, despite the lack of an explicit basis in EU primary law, is the source of principles regulating the nature of EU law and the manner of its application. It particularly affects the performance of duties by domestic courts,which, according to the wording of Art. 19 para. 1 item 2 TEU, is one of the elements of the EU judicial system. It is based on a systemic dualism that includes the CJEU and national courts. When analyzing the implementation of the principle of effectiveness,it should be noted that it covers two areas. The first is of general nature and concerns the obligation to ensure the effectiveness of EU law, and the second – the subjective one – is related to the obligation to ensure the effectiveness of EU law in a specific case bygranting adequate protection to the rights of an individual that derive from EU law. In this aspect, the courts are of key importance, as they implement it through the systemic principle of effective judicial protection. It is a guide that indicates how to proceedand what principles should be followed in the process of application of EU law. This process consists of several stages, the implementation of which is subordinated to one goal – to guarantee effective judicial protection and thus the effectiveness of EU law. First, the court examines whether a given claim is based on a norm that has a direct effect, which will determine the next stage of action. Then, by referring to the principle of direct effect, it subsumes and, if necessary, applies the principle of primacy of EU lawor a pro-EU interpretation. The last element that indirectly implements the principle of effectiveness of EU law is the referral for a preliminary ruling
THE EARLY CHRISTIAN THEOLOGY OF PERSONHOOD
No full textThe notion of personhood has become increasingly dominating modern theological discourse from the nineteenth century onwards. However, it has also become an object of critique by the historians of theology as we cannot find any kind of developed concept of personhood in the early Christian sources. So it was dismissed as a projection of our modern cultural concerns on the historical texts of the Church fathers. Although this critique does justice to the historical distance between our culture and the culture of late antiquity, this article attempts to demonstrate the presence of the theological vision of the human being as embodying individual free will as a gift of God. Certainly, the notion of free will was not a Christian invention as it had a long philosophical tradition in the ancient world beginning from Plato and Aristotle to the Stoics and Plotinus. However, the early Christian theologians were the ones who gave to the notion of markedly universal character, insofar as free will was not considered by them to be a matter of ascetic cultivation solely available to those trained in philosophy. Yet its theological provenance also shaped its structure in a paradoxical way: being the gift of God human freedom appears to depend on God, but this condition does not impose limitations on it but, on the contrary, enables it. The awareness of one’s freedom as a gift of the Other leads toward the formation of what might be designated as a “eucharistic self“. The exploration of the broad implications of this concept can open new avenues for envisioning society without conflict arising from competition between individuals and also help us find solutions to the ecological crisisThe notion of personhood has become increasingly dominating modern theological discourse from the nineteenth century onwards. However, it has also become an object of critique by the historians of theology as we cannot find any kind of developed concept of personhood in the early Christian sources. So it was dismissed as a projection of our modern cultural concerns on the historical texts of the Church fathers. Although this critique does justice to the historical distance between our culture and the culture of late antiquity, this article attempts to demonstrate the presence of the theological vision of the human being as embodying individual free will as a gift of God. Certainly, the notion of free will was not a Christian invention as it had a long philosophical tradition in the ancient world beginning from Plato and Aristotle to the Stoics and Plotinus. However, the early Christian theologians were the ones who gave to the notion of markedly universal character, insofar as free will was not considered by them to be a matter of ascetic cultivation solely available to those trained in philosophy. Yet its theological provenance also shaped its structure in a paradoxical way: being the gift of God human freedom appears to depend on God, but this condition does not impose limitations on it but, on the contrary, enables it. The awareness of one’s freedom as a gift of the Other leads toward the formation of what might be designated as a “eucharistic self“. The exploration of the broad implications of this concept can open new avenues for envisioning society without conflict arising from competition between individuals and also help us find solutions to the ecological crisi
ST. IRENAEUS OF LYON AND GNOSTICISM
No full textGnosticism was very powerful and popular heresy in the early stage of the development of the Christian Church. They claimed to have a true and undisputable knowledge, and therefore fight against them was difficult and great challenge for the Church. St. Irenaeus of Lyon was among the defenders of Christianity and criticized Gnostics. This article overviews Gnosticism, its basic ideas, also St. Irenaeus’ arguments against it, written in “Adversus Omnes Haereses”Gnosticism was very powerful and popular heresy in the early stage of the development of the Christian Church. They claimed to have a true and undisputable knowledge, and therefore fight against them was difficult and great challenge for the Church. St. Irenaeus of Lyon was among the defenders of Christianity and criticized Gnostics. This article overviews Gnosticism, its basic ideas, also St. Irenaeus’ arguments against it, written in “Adversus Omnes Haereses
Ideals and Doubts: Translation from: Holmes O.W., Ideals and Doubts, Illinois Law Review, Vol. 10, No. 1 , pp. 1-4
No full textIn his article “Ideals and Doubts”, Oliver Wendell Holmes subjects the intricate relationship between ideals and doubts within the human experience to careful scrutiny. The principles of scientific reasoning and moral skepticism, which underscores the importance of empirical evidence in understanding the world may be taken to signify an ideal, but only in a limited sense. The doubts are the limitations of human faculties inherent in Holmes’s methodology towards achieving an authentic knowledge of the world and the law by implication. While, inherent complexities and unpredictability of human behavior, the fallibility of human reason and general human predicament that presumably lie beyond the reach of scientific inquiry may catalyze these doubts to unfold, they give birth to critical reflection leading to a deeper and more nuanced investigation of our ideals. Doubts and ideals drive human experience and one may only wonder what implications this might have for our ever-growing legal and social institutions.In his article “Ideals and Doubts”, Oliver Wendell Holmes subjects the intricate relationship between ideals and doubts within the huma experience to careful scrutiny. The principles of scientific reasoning and moral skepticism, which underscores the importance of empirical evidence in understanding the world may be taken to signify an ideal, but only in a limited sense. The doubts are the limitations of human faculties inherent in Holmes’s methodology towards achieving an authentic knowledge of the world and the law by implication. While, inherent complexities and unpredictability of human behavior, the fallibility of human reason and general human predicament that presumably lie beyond the reach of scientific inquiry may catalyze these doubts to unfold, they give birth to critical reflection leading to a deeper and more nuanced investigation of our ideals. Doubts and ideals drive human experience and one may only wonder what implications this might have for our ever-growing legal and social institutions
CRITISISM OF SCIENTISM BY ALISTER MACGRATH
No full textThe main goal of this paper whas to discussed how and why, Christian theologian, philosopher and scientist Alister Mcgrath criticized Scientism, which says that only Science can attain any kind of truth. As we saw in the paper, Alister Mcgrath (who knows Perfectly philosophy, science, Theology and philosophy of science), criticized Scientism and try to show that Scientism is a wrong worldview, because many areas of life, or reality (existence of God, the meaning of life and so on.), is beyond the scientific method (observation and experiment). To show this truth (as alister think that this is truth, because, I dont defend or criticize his position), alister use philosophy, theology and philosophy of science. Accordingly, main goal of this paper, was to analyze alisters basic arguments against Scientism.The main goal of this paper whas to discussed how and why, Christian theologian, philosopher and scientist Alister Mcgrath criticized Scientism, which says that only Science can attain any kind of truth. As we saw in the paper, Alister Mcgrath (who knows Perfectly philosophy, science, Theology and philosophy of science), criticized Scientism and try to show that Scientism is a wrong worldview, because many areas of life, or reality (existence of God, the meaning of life and so on.), is beyond the scientific method (observation and experiment). To show this truth (as alister think that this is truth, because, I dont defend or criticize his position), alister use philosophy, theology and philosophy of science. Accordingly, main goal of this paper, was to analyze alisters basic arguments against Scientism
ORTHODOXY IN THE MODERN BALKANS AND ITS POLITICAL ASPECTS
No full textThere are many aspects related to the Balkans of the 20th-21st centuries, which can be discussed in a global context. The aim of this paper is to analyze the local Orthodox Churches of Balkans and the relationship between the Church and the state there.In the twentieth century, the interests of a number of political leaders, forces and ideologies intersected on the Balkans. For example, The Balkan Peninsula was a very important strategic place in the Soviet Union, therefore, it actively tried to spread its influence on the political processes developed there, which directly affected the local Orthodox churches. On the other hand, In the 20th century, a number of countries of the Balkans were ruled by dictatorial and authoritarian regimes, whose leaders had significant power (Enver Khoja, Josip Broz Tito, Todor Zhivkov, Slobodan Milosevic, Nicolae Ceausescu, etc.), which also left its mark on the local Orthodox churches. This paper discusses what kind of relations were among the Orthodox clergy and the state in Balkans, to what extent the security services interfered in the Church’s activities and how all this was reflected in the present day.There are many aspects related to the Balkans of the 20th-21st centuries, which can be discussed in a global context. The aim of this paper is to analyze the local Orthodox Churches of Balkans and the relationship between the Church and the state there.In the twentieth century, the interests of a number of political leaders, forces and ideologies intersected on the Balkans. For example, The Balkan Peninsula was a very important strategic place in the Soviet Union, therefore, it actively tried to spread its influence on the political processes developed there, which directly affected the local Orthodox churches. On the other hand, In the 20th century, a number of countries of the Balkans were ruled by dictatorial and authoritarian regimes, whose leaders had significant power (Enver Khoja, Josip Broz Tito, Todor Zhivkov, Slobodan Milosevic, Nicolae Ceausescu, etc.), which also left its mark on the local Orthodox churches. This paper discusses what kind of relations were among the Orthodox clergy and the state in Balkans, to what extent the security services interfered in the Church’s activities and how all this was reflected in the present day
CROSS-CULTURAL DIFFERENCES IN THE SELF: თარგმნილია შემდეგი გამოცემიდან: Douglas Hollan, Cross-Cultural Differences in the Self, Journal of Anthropological Research, Vol. 48, No. 4 (Winter, 1992), pp. 283-300
No full textSelf may be considered with the content given in the cultural model, and it is also possible to consider the empirical self, from the point of view of subjective experience. Some researchers often, equating cultural concepts of the self (which may be idealized) with the empirical self, thereby they exaggerate the distinction between the “Western” self and the “non-Western” self, of which the former being considered as individualized, egocentric, and autonomous, while the latter is relational, sociocentric in nature. By studying both Western and non-Western people the author makes highly predictable the exaggeration of the sharp differences often drawn between “Western” and “non-Western” selfies. In some contexts, relational self has been found among Americans and autonomous self have been found among Toraja (Indonesia). Thus, according to the researches data, it is possible to assumethat cultural models of the self can not directly reflect the subjective experiences of individuals who belong to this culture.Self may be considered with the content given in the cultural model, and it is also possible to consider the empirical self, from the point of view of subjective experience. Some researchers often, equating cultural concepts of the self (which may be idealized) with the empirical self, thereby they exaggerate the distinction between the “Western” self and the “non-Western” self, of which the former being considered as individualized, egocentric, and autonomous, while the latter is relational, sociocentric in nature. By studying both Western and non-Western people the author makes highly predictable the exaggeration of the sharp differences often drawn between “Western” and “non-Western” selfies. In some contexts, relational self has been found among Americans and autonomous self have been found among Toraja (Indonesia). Thus, according to the researches data, it is possible to assumethat cultural models of the self can not directly reflect the subjective experiences of individuals who belong to this culture
CIVIL RESPONSIBILITY FOR THE ACTION BY A PERSON WITHOUT LEGALLY VALID WILL
No full textAll humans are natural persons, who have capacity. It is an ability to have civil rights and duties and differs from legal capacity. Constitutional Court of Georgia annulled some provisions of the Civil Code of Georgia, which restricted legal capacity for the persons with psychosocial need. Idea and system of legal capacity was modified and reestablished in a new form. This article overviews some questions of civil responsibility of the persons without legally valid will, limitations of legal capacity on the ground of mental disorders and illness.
All humans are natural persons, who have capacity. It is an ability to have civil rights and duties and differs from legal capacity. Constitutional Court of Georgia annulled some provisions of the Civil Code of Georgia, which restricted legal capacity for the persons with psychosocial need. Idea and system of legal capacity was modified and reestablished in a new form. This article overviews some questions of civil responsibility of the persons without legally valid will, limitations of legal capacity on the ground of mental disorders and illness.
 
INSTITUTIONAL AND CHARISMATIC ASPECTS OF THE CHURCH
No full textThis article discusses the institutional and charismatic aspects of the Church. The existence of the institutional and charismatic aspects of the Church, based on the principle of the unity of Christology and Pneumatology. This is some kind of theological unity, which is necessary for their coexistence. An institution is always born in time and space and therefore is a subject of these dimensions. On the contrary, charism does not depend on time or space. There is a tight interconnection between these two aspects; In the Eastern Church there was never any kind of sharp disagreement between them. Therefore, both institution and charism coexist in the Church and there is a balance between them. The representatives of the institution are clerics who have institutionalized charism, but at the same time, there are charismatic people with their own, non-institutionalized charism. Both aspects have ecclesiological significance, which directly affects the life of believers. The purpose of both institutional and charismatic manifestations (mysteries, Church services, dogmas or definitions) is one – the protection the unity of the Church.This article discusses the institutional and charismatic aspects of the Church. The existence of the institutional and charismatic aspects of the Church, based on the principle of the unity of Christology and Pneumatology. This is some kind of theological unity, which is necessary for their coexistence. An institution is always born in time and space and therefore is a subject of these dimensions. On the contrary, charism does not depend on time or space. There is a tight interconnection between these two aspects; In the Eastern Church there was never any kind of sharp disagreement between them. Therefore, both institution and charism coexist in the Church and there is a balance between them. The representatives of the institution are clerics who have institutionalized charism, but at the same time, there are charismatic people with their own, non-institutionalized charism. Both aspects have ecclesiological significance, which directly affects the life of believers. The purpose of both institutional and charismatic manifestations (mysteries, Church services, dogmas or definitions) is one – the protection the unity of the Church