Pub Date : 2023-03-25DOI: 10.24234/wisdom.v25i1.963
Boris Solozhenkin, D. Smirnov
How to think of the Whole? Our theoretical findings on that matter emanate from the critical response to D. F. Verene’s account of the idea of the Whole, which is speculative and necessary for true philosophy. As this study shows, the idea in its essence depends upon two main criteria, ontological and epistemological. Both criteria perfectly demonstrate the logic of supplementation, which undermines the original conception. We argue that the speculative Whole has to be revisited. First, the only possibility to provide the connection between the idea of the Whole and self-knowledge in a consistent way could be given through the idea of holistic living. Secondly, the Whole must be thought virtual: that allows the Whole to exist in a variety of drafts, exclusive of the one true. Both our theoretical gestures result in a significant convergence of the concepts of the Whole and Becoming.
如何思考整体?我们在这个问题上的理论发现源于对D. F. Verene关于“整体”概念的描述的批判性回应,这对真正的哲学来说是思辨的和必要的。正如本研究所表明的那样,思想在本质上取决于两个主要标准,即本体论和认识论。这两个标准都完美地证明了补充的逻辑,这破坏了最初的概念。我们认为,投机的整体必须重新审视。首先,整体性生活的理念是唯一能够以一致的方式提供整体理念与自我认知之间联系的可能性。其次,整体必须被认为是虚拟的:这允许整体存在于各种草案中,排除真实的。我们的两种理论姿态都导致了整体和变易概念的显著融合。
{"title":"Speculative Whole Revised","authors":"Boris Solozhenkin, D. Smirnov","doi":"10.24234/wisdom.v25i1.963","DOIUrl":"https://doi.org/10.24234/wisdom.v25i1.963","url":null,"abstract":"How to think of the Whole? Our theoretical findings on that matter emanate from the critical response to D. F. Verene’s account of the idea of the Whole, which is speculative and necessary for true philosophy. As this study shows, the idea in its essence depends upon two main criteria, ontological and epistemological. Both criteria perfectly demonstrate the logic of supplementation, which undermines the original conception. We argue that the speculative Whole has to be revisited. First, the only possibility to provide the connection between the idea of the Whole and self-knowledge in a consistent way could be given through the idea of holistic living. Secondly, the Whole must be thought virtual: that allows the Whole to exist in a variety of drafts, exclusive of the one true. Both our theoretical gestures result in a significant convergence of the concepts of the Whole and Becoming.","PeriodicalId":41633,"journal":{"name":"Wisdom","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2023-03-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87000143","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-25DOI: 10.24234/wisdom.v25i1.930
Priyambda Singh, Avinash Kumar, Ajit KUMAR BEHURA
This paper draws on a qualitative philosophical investigation to examine and create understanding of existing feminist problems in the coal mining industry in modern society. An attempt is made to understand the diachrony of gender stereotype phenomena and provisions that lead to female obstacles on their direct interaction at workplace across businesses by contextualising current occurrences from the Mining Industry. The findings will most likely aid in boosting the percentage of women working in productive capacities and offering answers that contribute to the long-term viability of the business.
{"title":"Methodological Analysis of Feminist Challenges in Indian Mines","authors":"Priyambda Singh, Avinash Kumar, Ajit KUMAR BEHURA","doi":"10.24234/wisdom.v25i1.930","DOIUrl":"https://doi.org/10.24234/wisdom.v25i1.930","url":null,"abstract":"This paper draws on a qualitative philosophical investigation to examine and create understanding of existing feminist problems in the coal mining industry in modern society. An attempt is made to understand the diachrony of gender stereotype phenomena and provisions that lead to female obstacles on their direct interaction at workplace across businesses by contextualising current occurrences from the Mining Industry. The findings will most likely aid in boosting the percentage of women working in productive capacities and offering answers that contribute to the long-term viability of the business.","PeriodicalId":41633,"journal":{"name":"Wisdom","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2023-03-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74043391","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-25DOI: 10.24234/wisdom.v25i1.955
V. Lapaeva, Anna Nersesyants
Firstly, this article considers the main aspects of the libertarian legal approach to the understanding of law developed by Soviet and Russian philosopher of law Vladik S. Nersesyants. Secondly, the article shows the contributions of this philosophical and law doctrine to the development of the world philosophy of law and its importance for the improvement of Russian legal theory and practice. Thirdly, the article substantiates the thesis that the libertarian approach to the understanding of law is a logical rationalisation of the jusnaturalist tradition of law understanding as an expression of equality in human relations as reinterpreted by Nersesyants by looking at the efforts in rationalizing the jusnaturalist doctrine reflected in the history of the development of philosophical and law thought from the beginning of the Modern Era. Fourthly, the article pays special attention to the analysis of the concept of civilism as a new post-socialist social system developed by Vladik Nersesyants on the basis of the libertarian approach to the understanding of law. Therefore, the article reveals the content of this concept related to the law approach to the desocialisation of the former socialist property that creates the basis for the formation of a new system of law.
首先,本文考虑了苏联和俄罗斯法哲学家弗拉迪克·s·涅尔赛桑特(Vladik S. Nersesyants)提出的自由主义法律理解法的主要方面。其次,文章阐述了这一哲学和法律学说对世界法哲学发展的贡献,以及它对俄罗斯法学理论和实践改进的重要意义。第三,本文通过考察从近代开始的哲学和法律思想发展史上所反映的正义主义学说合理化的努力,证实了自由意志主义的法律理解方法是对正义主义法律理解传统的逻辑合理化,作为一种对人类关系中平等的表达,这一观点被涅尔赛亚人重新诠释。第四,本文重点分析了弗拉迪克·涅赛桑特在理解法律的自由意志主义方法基础上提出的一种新的后社会主义社会制度——文明主义的概念。因此,本文揭示了这一概念的内容,涉及到对前社会主义财产的反社会化的法律途径,为形成新的法律体系创造了基础。
{"title":"Vladik Nersesyants’s Philosophical and Law Theory","authors":"V. Lapaeva, Anna Nersesyants","doi":"10.24234/wisdom.v25i1.955","DOIUrl":"https://doi.org/10.24234/wisdom.v25i1.955","url":null,"abstract":"Firstly, this article considers the main aspects of the libertarian legal approach to the understanding of law developed by Soviet and Russian philosopher of law Vladik S. Nersesyants.\u0000Secondly, the article shows the contributions of this philosophical and law doctrine to the development of the world philosophy of law and its importance for the improvement of Russian legal theory and practice.\u0000Thirdly, the article substantiates the thesis that the libertarian approach to the understanding of law is a logical rationalisation of the jusnaturalist tradition of law understanding as an expression of equality in human relations as reinterpreted by Nersesyants by looking at the efforts in rationalizing the jusnaturalist doctrine reflected in the history of the development of philosophical and law thought from the beginning of the Modern Era.\u0000Fourthly, the article pays special attention to the analysis of the concept of civilism as a new post-socialist social system developed by Vladik Nersesyants on the basis of the libertarian approach to the understanding of law. Therefore, the article reveals the content of this concept related to the law approach to the desocialisation of the former socialist property that creates the basis for the formation of a new system of law.","PeriodicalId":41633,"journal":{"name":"Wisdom","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2023-03-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83301671","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-25DOI: 10.24234/wisdom.v25i1.981
Svitlana Khrypko, Qi Yang, Volodymyr Zabolotniuk, Igor Zabolotniuk, O. Stoliarchuk, O. Tadeush, Olena Lobanchuk, Katerina Pasko
The article is devoted to the problem of the dualistic unity of the values of being a teacher who is both a research scientist and an educator. The specifics of the professional combination of scientific research and practice of live teaching are considered. The paper comprehends the extraordinary phenomenon of education in the context of the scientific and ideological paradigm of understanding, which is a professional basis for both teaching and research activities. Education is represented as a person’s spiritual face, which is formed under the influence of moral and spiritual values, which is the property of its cultural circle. The examples of stereotyped education are proposed, which leads to the idea that an indicator of human educatedness is undoubtedly the worldview and methodological layer of acquired philosophical knowledge, which embodies the spiritual world. The reality and illusory nature of the fact of the “research point” in the activity of the scientist are reflected and the reflection of the determinants of the problem of “different personalities of scientists” is offered. The issue of teaching authors is singled out as a discourse of style, manners, creativity, content, interpretations, etc.
{"title":"Scientist and Teacher – two Facets of Being a Lecturer of High School in a Postmodern World","authors":"Svitlana Khrypko, Qi Yang, Volodymyr Zabolotniuk, Igor Zabolotniuk, O. Stoliarchuk, O. Tadeush, Olena Lobanchuk, Katerina Pasko","doi":"10.24234/wisdom.v25i1.981","DOIUrl":"https://doi.org/10.24234/wisdom.v25i1.981","url":null,"abstract":"The article is devoted to the problem of the dualistic unity of the values of being a teacher who is both a research scientist and an educator. The specifics of the professional combination of scientific research and practice of live teaching are considered.\u0000The paper comprehends the extraordinary phenomenon of education in the context of the scientific and ideological paradigm of understanding, which is a professional basis for both teaching and research activities. Education is represented as a person’s spiritual face, which is formed under the influence of moral and spiritual values, which is the property of its cultural circle. The examples of stereotyped education are proposed, which leads to the idea that an indicator of human educatedness is undoubtedly the worldview and methodological layer of acquired philosophical knowledge, which embodies the spiritual world.\u0000The reality and illusory nature of the fact of the “research point” in the activity of the scientist are reflected and the reflection of the determinants of the problem of “different personalities of scientists” is offered. The issue of teaching authors is singled out as a discourse of style, manners, creativity, content, interpretations, etc.","PeriodicalId":41633,"journal":{"name":"Wisdom","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2023-03-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78520396","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-25DOI: 10.24234/wisdom.v25i1.982
N. Chernogor, A. Emelyanov, M. Zaloilo
The modern rational picture of law needs to expand the conceptual, categorical and cognitive tools. To this end, the article introduces such categories as “regulatory cycle”, “regulatory crisis”, “legal pattern”, “rational picture of law” into legal circulation and legal discourse. With their help, it is proposed to monitor changes in public attitudes to emerging threats and risks, the prevention of which requires legal regulation. As the conducted research has shown, this toolkit should be based on the category of “legal pattern”, which allows to explore intuitive legal understanding, the structure of a legal norm, an unformalized sample of lawful behavior, as well as phase transitions from intuitive legal understanding to a legal norm representing the form-content of positive law, from a legal norm to an unformalized sample of lawful behavior, from such a sample to the legal code. The presented tools make it possible to avoid the current instability, social and legal crisis phenomena arising in connection with the overlapping of rational and real components of the picture of law, as well as many “regulatory cycles” leading to “regulatory crises”.
{"title":"The Legal Pattern in the Rational Picture of Law","authors":"N. Chernogor, A. Emelyanov, M. Zaloilo","doi":"10.24234/wisdom.v25i1.982","DOIUrl":"https://doi.org/10.24234/wisdom.v25i1.982","url":null,"abstract":"The modern rational picture of law needs to expand the conceptual, categorical and cognitive tools. To this end, the article introduces such categories as “regulatory cycle”, “regulatory crisis”, “legal pattern”, “rational picture of law” into legal circulation and legal discourse. With their help, it is proposed to monitor changes in public attitudes to emerging threats and risks, the prevention of which requires legal regulation.\u0000As the conducted research has shown, this toolkit should be based on the category of “legal pattern”, which allows to explore intuitive legal understanding, the structure of a legal norm, an unformalized sample of lawful behavior, as well as phase transitions from intuitive legal understanding to a legal norm representing the form-content of positive law, from a legal norm to an unformalized sample of lawful behavior, from such a sample to the legal code.\u0000The presented tools make it possible to avoid the current instability, social and legal crisis phenomena arising in connection with the overlapping of rational and real components of the picture of law, as well as many “regulatory cycles” leading to “regulatory crises”.","PeriodicalId":41633,"journal":{"name":"Wisdom","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2023-03-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80305168","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-25DOI: 10.24234/wisdom.v25i1.983
G. Aznagulova, D. Pashentsev
International law being a complexly structured, hierarchically organized and multi-aspect political and legal phenomenon has dialectical interconnection with universal material and spiritual culture, its past, functioning and development trends and it has human existence as its deep sensational basis, which represents centuries-old civilized togetherness of peoples and nations between them and has specific significance in a specific historical era. Therefore from the cognitive-aware and subject-essential viewpoints international law shall be treated as a form of international relationships, covered by law – i.e. international relationships are the object of regulation of international law and should be considered as a dynamic phenomenon or a consecutive process which represents universal motion principle when its certain status. International law is a dialectical process of a single causal chain of social phenomena which spreads through time and space. The main feature of implementing its basic principles (defined ontologically as universal) relates legally to the field of “oughtness” as a moral onus of subjective will of sovereign states. It is principally difficult to establish fair international relationships upon observance of interests of international relationships subjects as it is impossible to develop a uniform and extensive scale of moral values that are common for all states.
{"title":"Ontological Grounds of International Law","authors":"G. Aznagulova, D. Pashentsev","doi":"10.24234/wisdom.v25i1.983","DOIUrl":"https://doi.org/10.24234/wisdom.v25i1.983","url":null,"abstract":"International law being a complexly structured, hierarchically organized and multi-aspect political and legal phenomenon has dialectical interconnection with universal material and spiritual culture, its past, functioning and development trends and it has human existence as its deep sensational basis, which represents centuries-old civilized togetherness of peoples and nations between them and has specific significance in a specific historical era. Therefore from the cognitive-aware and subject-essential viewpoints international law shall be treated as a form of international relationships, covered by law – i.e. international relationships are the object of regulation of international law and should be considered as a dynamic phenomenon or a consecutive process which represents universal motion principle when its certain status.\u0000International law is a dialectical process of a single causal chain of social phenomena which spreads through time and space. The main feature of implementing its basic principles (defined ontologically as universal) relates legally to the field of “oughtness” as a moral onus of subjective will of sovereign states. It is principally difficult to establish fair international relationships upon observance of interests of international relationships subjects as it is impossible to develop a uniform and extensive scale of moral values that are common for all states.","PeriodicalId":41633,"journal":{"name":"Wisdom","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2023-03-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77891485","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-25DOI: 10.24234/wisdom.v25i1.978
A. Hakobyan, Armen Tshughuryan, G. Martirosyan
In relation to the reports published by organizations, today not only financial information is required, but also information related to sustainable development. Philosophical approaches of the beneficiaries using the information have changed. Currently, organizations are faced with the task of representing not only the economic interest of an enterprise, but also the contribution of the organization in forming the additional result pursuing sustainable development. The purpose of the article is to present a new philosophical framework of reports published by organizations, as a result of which philosophical approaches to sustainable development, revised philosophical foundations of business strategy construction were revealed. Recommendations were made in the direction of building a philosophical concept for the dissemination of financial and non-financial integrated reports.
{"title":"The Integrated Reporting Philosophy in Business Strategy","authors":"A. Hakobyan, Armen Tshughuryan, G. Martirosyan","doi":"10.24234/wisdom.v25i1.978","DOIUrl":"https://doi.org/10.24234/wisdom.v25i1.978","url":null,"abstract":"In relation to the reports published by organizations, today not only financial information is required, but also information related to sustainable development. Philosophical approaches of the beneficiaries using the information have changed. Currently, organizations are faced with the task of representing not only the economic interest of an enterprise, but also the contribution of the organization in forming the additional result pursuing sustainable development.\u0000The purpose of the article is to present a new philosophical framework of reports published by organizations, as a result of which philosophical approaches to sustainable development, revised philosophical foundations of business strategy construction were revealed. Recommendations were made in the direction of building a philosophical concept for the dissemination of financial and non-financial integrated reports.","PeriodicalId":41633,"journal":{"name":"Wisdom","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2023-03-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80521380","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-25DOI: 10.24234/wisdom.v25i1.967
Assel Kudarinova, A. Autaeva, Zh. A. Paylozyan, Ainagul Rymkhanova
Inclusive education should ensure the successful socialization of all children, regardless of their psychophysical development and condition. The purpose of the paper was to study the necessary professional and personal competencies of pre-service teachers of inclusive education, as well as to search for methods of forming necessary competencies among students at a university. In this study, we used several general theoretical methods of scientific cognition and information collection. In the course of the study, we examined concepts such as “inclusive education”, “pedagogical and psychological readiness”, “personal qualities”, etc. A set of methods were developed aiming to develop the necessary competencies for pre-service teachers of inclusive education. It was established that working in an inclusive classroom requires a teacher to have a wide range of personal characteristics, as well as pedagogical and psychological readiness to work with children that have different educational needs. The practical significance of the study is conditioned upon the fact that the developed set of methods is ready for use in the pedagogical activity. Thus, it would be effective in the process of formation of the necessary qualities and development of professional and personal readiness of inclusive education pre-service teachers.
{"title":"Readiness of Pre-Service Teachers to Implement Inclusive Education","authors":"Assel Kudarinova, A. Autaeva, Zh. A. Paylozyan, Ainagul Rymkhanova","doi":"10.24234/wisdom.v25i1.967","DOIUrl":"https://doi.org/10.24234/wisdom.v25i1.967","url":null,"abstract":"Inclusive education should ensure the successful socialization of all children, regardless of their psychophysical development and condition. The purpose of the paper was to study the necessary professional and personal competencies of pre-service teachers of inclusive education, as well as to search for methods of forming necessary competencies among students at a university. In this study, we used several general theoretical methods of scientific cognition and information collection. In the course of the study, we examined concepts such as “inclusive education”, “pedagogical and psychological readiness”, “personal qualities”, etc. A set of methods were developed aiming to develop the necessary competencies for pre-service teachers of inclusive education. It was established that working in an inclusive classroom requires a teacher to have a wide range of personal characteristics, as well as pedagogical and psychological readiness to work with children that have different educational needs. The practical significance of the study is conditioned upon the fact that the developed set of methods is ready for use in the pedagogical activity. Thus, it would be effective in the process of formation of the necessary qualities and development of professional and personal readiness of inclusive education pre-service teachers.","PeriodicalId":41633,"journal":{"name":"Wisdom","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2023-03-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78117401","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-25DOI: 10.24234/wisdom.v25i1.735
K. Oganyan, K. Oganyan, V. Pyzh, V. Ermilova, Mihail Chudaev
The article deals with the laws of social synergetic in the context of the relationship between social order and chaos. A special place is occupied by the analysis of Prigogine’s paradoxes in the context of considering the synergetic philosophy of history. To solve the problem, the features, signs, and characteristics of the super attractor as one of the main mechanisms for the disclosure of social synergetic are identified and argued. The super attractor, as a product of the realization of the absolute ideal, and the people who make it up, have the ability to transform the world around them and themselves.
{"title":"The Philosophical Analyses of Synergetic Globalization Theories","authors":"K. Oganyan, K. Oganyan, V. Pyzh, V. Ermilova, Mihail Chudaev","doi":"10.24234/wisdom.v25i1.735","DOIUrl":"https://doi.org/10.24234/wisdom.v25i1.735","url":null,"abstract":"The article deals with the laws of social synergetic in the context of the relationship between social order and chaos. A special place is occupied by the analysis of Prigogine’s paradoxes in the context of considering the synergetic philosophy of history. To solve the problem, the features, signs, and characteristics of the super attractor as one of the main mechanisms for the disclosure of social synergetic are identified and argued. The super attractor, as a product of the realization of the absolute ideal, and the people who make it up, have the ability to transform the world around them and themselves.","PeriodicalId":41633,"journal":{"name":"Wisdom","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2023-03-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78067918","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In Indonesia, corruption has been going on for a long time. It has touched almost all sectors of societal life. So far, there are already efforts to eradicate the act of corruption, though they are working very slowly. There are inadequate legal instruments to eradicate corruption. Thus, to resolve this, the restorative justice philosophy should be applied. The restorative justice approach is not impossible to be applied in punishing corruption perpetrators in Indonesia. The research problem of this paper is: How is the application of restorative justice as an implementation of the ultimum remedium in the effort to recover state financial assets as a method to punish corruption perpetrators? This was normative legal research with philosophical and conceptual approaches. Results show that the application of restorative justice as an implementation of ultimum remedium to return state financial assets to punish corruption perpetrators may be implemented by strengthening norms on returning state losses. This can be carried out by changing the sanction of fines from an additional sanction into a principal sanction. Then, to anticipate perpetrators who cannot repay those losses, the concept of forced labor may be applied to punish corruption perpetrators.
{"title":"Restorative Justice-Based Law Formulation on Corruption Case: A Philosophical Analytic","authors":"F. Fahrudin, Absori Absori, Khudzaifah Dimyati, Kelik Wardiono, Arief Budiono, Hirwan Jasbir Jaafar","doi":"10.24234/wisdom.v25i1.975","DOIUrl":"https://doi.org/10.24234/wisdom.v25i1.975","url":null,"abstract":"In Indonesia, corruption has been going on for a long time. It has touched almost all sectors of societal life. So far, there are already efforts to eradicate the act of corruption, though they are working very slowly. There are inadequate legal instruments to eradicate corruption. Thus, to resolve this, the restorative justice philosophy should be applied. The restorative justice approach is not impossible to be applied in punishing corruption perpetrators in Indonesia. The research problem of this paper is: How is the application of restorative justice as an implementation of the ultimum remedium in the effort to recover state financial assets as a method to punish corruption perpetrators? This was normative legal research with philosophical and conceptual approaches. Results show that the application of restorative justice as an implementation of ultimum remedium to return state financial assets to punish corruption perpetrators may be implemented by strengthening norms on returning state losses. This can be carried out by changing the sanction of fines from an additional sanction into a principal sanction. Then, to anticipate perpetrators who cannot repay those losses, the concept of forced labor may be applied to punish corruption perpetrators.","PeriodicalId":41633,"journal":{"name":"Wisdom","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2023-03-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81826860","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}