3 resultados para Involuntary clients

em Adam Mickiewicz University Repository


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The power of human rights idea and its expansion are connected with the experience of so far unprecedented pain and cruelty caused by man to man during the Second World War. Doctrine of legal positivism strenghtened totalitarian systems. One of the essential goals that were set by totalitarian systems was ethnic cleansing within both one’s and subjugated communities. To achieve this goal, concentration camps were established. This Second World War’s events gave raise to a question: does the common morality of the whole mankind exist? The Nuremberg Trials based on conviction that this common morality of the whole mankind exists. In this lawsuits Nazis were on trials for mass murder and crimes against humanity despite the fact that this crimes did not exist as a criminal offences in international law of that time. Lawyers of Nazis argued that their clients should not have been on trials for crimes against humanity because the rule “lex retro non agit” (“the law does not operate retroactively”) should have been in force. International Military Tribunal dismissed this argument – it was stated they tried Nazis are responsible for acts resulting from breach of the natural law. Therefore, the primacy of natural law over civil law (was approved and they admitted that morality and law are essential components of international reality. Since The Nuremberg Trials, the process of making international relations more ethical proceeded consistently through positivisationi.e. introducing human rights ideas to civil law (this issue is included in the Part I of the book: Positivisation of human rights idea). In this way, contemporary human rights as civil law arose, established on the basis of international agreement. Using them in order to legitimize and validate humanitarian interventions undertaken in various parts of the world became the common standard. However, positivisation of human rights idea did not mean that one common paradigm was accepted. Many interpretation of human rights arose and many new human rights formed in concrete cultures. It gives raise to a question about validity of interventions especially in the context of cultural differences in various parts of the world that influence perception, understanding and interpretation of human rights (this issues are discussed in Part II of this book). At present human rights are not only relativized to cultural contexts but undergo semantic changes as a result of globalisation process as well (Part II of the book: Human rights idea vs globalisation). Moreover, the propositions of establishing institutions and global structures that would strengthen human rights idea appear, interalia new propositions of citizenship defining (ujmowanie jako definiowanie)in response to a decreasing role and significance of nation states in the age of globalization. The idea of human rights dominated present-day law, culture and daily life both in local and global dimension. Human rights issue became essential for philosophy, especially political philosophy.

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On the basis of two indecidable texts (Thomas Clerc, “Paris, musée du XXIe siècle. Le dixième arrondissement”, Gallimard 2007 and Philippe Vasset, “Un livre blanc”, Fayard 2007), we will reflect on new approaches to the city in contemporary French litterature. Clerc and Vasset, in their respective texts, suggest considering litterature as a series of practices connected with the exploration of the city (Clerc) and of the urban area (Vasset) according to the idea of an arbitrary itinerary. The image of the city whose space, subject to a permanent process of museifi cation, is constantly considered to be a work of art (Clerc) contrasts with a project of viewing the deserted areas of the city and of its surroundings as an infinite collection of “artistic installations” created in daily life (Vasset). Clerc’s and Vasset’s artistic mentality leads them to the fascination with “works of involuntary art”, both concrete signs and tangible proof of the transitional period which they try to describe systematically, following, at the same time, the principles of an axonometric city map.

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One of the main, initial thesis of the article is that in the tragedies `Hρακλής μαινόμενος by Euripides and Hercules Furens by Seneca the main character falls into the madness twice. The first madness is sent by Hera/ Juno and is here defined, because of its origin, as a divine madness. The second one is so called human madness and Heracles/ Hercules is most probably overcome by it, after he has recognised, that he, driven by the involuntary fury, killed his own wife and sons. This state of the psyche of the hero is already independent from the deity and originates in such deeply human feelings like despair, anger, pain, shame. The strongly stirred hero plans to commit a suicide. According to the contemporary psychology this situation can be, because of some reasons analysed in the article, recognised as a symptom of irrationality. In the drama by Seneca Amfithryon, the father of the hero also defines the state of Hercules, who has become aware of the truth about his deeds, outright as furor. There is in the drama by Euripides, however, no reference to this second madness, which is connected with the somewhat different mentality that the drama originated in (the still kept in memory Homeric ethos and the attitudes towards the issues of honour, suicide etc. determined by it). Seneca as a stoic noticed and emphasized – although he generally also accepted the suicide – that Hercules, because of the anger, acts irrationally and, as a result, is in fact mentally unable to decide about his life and death. In the article is also presented in what an interesting way the above mentioned differences in the mentality of Euripides and Seneca manifest themselves in the case of the divine madness (among other things, the difference between Greek Lyssa and Roman Furor).