Hospitality as Care for the Other

The article aims to study the phenomenon and theoretical concept of hospitality in historical, cultural and socio-philosophical contexts. It has been proved that hospitality is an actual strategy of attitude to the Other. Hospitality has been defined as an interaction with the Other, attitude to the Other as a guest. The essential features of hospitality, its transformation from traditional forms to modern dimensions, mechanisms of implementation of the abstract law of hospitality in contemporary social practices have been analyzed. It is emphasized that hospitality acts as a universal norm and form of coexistence of people, interaction of different cultures, nations, ethnic groups. The potential of dialogicity and tolerance inherent in hospitality, which is interpreted as protection and assistance to humans in a changing global world, the foundation of understanding the Other have been revealed. Hospitable interaction is not limited to the socio-cultural experience of interpersonal relations but is shown as an acceptable model that introduces the principle of consent in intercultural relations in the field of migration, tourist exchanges and other social processes.

Public calls for criminal offenses in Ukraine and some European countries

The article provides a comparative analysis of the criminal legislation of Ukraine and some European countries in terms of criminalization of public culls to commit criminal offenses. The criminal codes of Austria, Switzerland, Germany, Italy, France, Poland, Slovakia, the Czech Republic and Romania have been studied. First, the system of norms on public calls in the current Criminal Code of Ukraine, the legal nature and legal features of public calls as such are outlined. Then the general scheme of public calls as an information act is given. There is a opposition of public calls as an independent act and incitement as a kind of complicity. The introduction of a new term «subsequent crimes» is justified, which will simplify theoretical research and the application of relevant norms in practice. Common features of criminalization of public calls in the named European countries are established. Their differences from the Ukrainian version of regulation are determined. They provide for universal types of public calls. These are public calls to criminal offenses in general. Less often, these are calls only to crimes of a certain gravity or a certain type. However, along with the universal norm, there are special norms. In addition, the article draws attention to the following: a) the degree of punishment of public calls, that is, the penalties contained in sanctions, b) the differentiation of responsibilities (aggravating circumstances), c) the application of the law in space. The wording of the article of the new Criminal Code of Ukraine is proposed, which will provide universal public calls to commit crimes (any crime). The preservation of certain special types of public calls is also argued.

The Normative Permission and Legal Utterances

The author proves that rejecting the existence of permissive norms and limitation of norms to prohibitions and commands alone is possible only with reducing the idea of a function. The essence of the function is then the ability of the expression to generate independently the universal norm formation. Such manipulation is easy on the level of logical analysis, but proves risky from other points of view. If we want the deontic logic, which we construct, to consider the fact that permission is pragmatically necessary for the law-maker to convey his normative preferences, we must solve the consequences of the adopted structure of the function of norms, which originate on the socio-linguistic level. It appears, however, that due to a lack of a pragmatic theory useful for lawyers, there is no proof that the pragmatically strong permission can be expressed by means of a lot of prohibitions and commands (dos and don’ts). Besides, reducing permissions only to the language of legal rules is an obligation to accept the structure of an act of communication, which can find its full motivation in the Husserl’s structure of the direct cognition.

Norms in Transition? The Relationship between Education and Singlehood

This article examines the role of education in the likelihood of being never married among older adults in Indonesia. Following the Multiple Equilibrium Framework, our paper argues that increasing education imposes a more common trend of singlehood since marriage continues to be a near universal norm in Indonesia. Previous research found that increase in education delays marriage, but few studies have paid attention to the role of education in the decision to stay single. We use Indonesia National Socio-Economic Survey or SUSENAS 2007 and 2017 - two datasets with ten years span - to see whether there has been a change in the effect of education on the probability of permanent singlehood among women and men aged 40-65. The result from the logistic regression confirms a U-shaped relationship between education and singleness propensity. Our key finding is that an additional year of schooling reduces the probability of being single up until senior secondary level, while having education beyond high school increases the probability of being single. Our result implies that traditional norm towards gender role remains strong in Indonesia. We also find that both highly educated women and men have similar likelihood to stay single in this setting.

Characterizing Hard Core Cartels Under Article 101 TFEU

The prohibition of cartels embodies arguably the sole universal norm of global competition law. Yet a precise understanding of what constitutes a cartel remains elusive, a problem that is exacerbated in the context of Article 101 Treaty on the Functioning of the European Union by the Commission’s administrative enforcement procedures and the expansive approach to the “by object” category of restraints. This article aims to provide a more precise characterization of the hard core cartel concept as reflected in EU competition case law and practice and to explore why such conduct continues to constitute the “supreme evil” of contemporary antitrust enforcement.

Universality, spectrality, proximity: The cinematic faces of Europe's other

For a number of scholars, the crisis of European identity is a result of the asymmetry between Europe's universal normative claims and its particular ethnic, cultural and racial contexts. This asymmetry is epitomized by the EU's failure to ratify its legally binding constitution. For others, the same asymmetry constitutes the very condition of being a European. Those envision Europeanness beyond its regulative idea as the ethical injunction of a promise to 'the other'. This article probes the validity of each of these arguments by juxtaposing two groups of films. Gianfraco Rosi's Fire at Sea (2016) and Ai Weiwei's Human Flow (2017) remain committed to the idea of human rights as a universal norm, an idea whose most prominent advocate is Jürgen Habermas. As an alternative to this view, Guido Hendrikx's Stranger in Paradise (2016) and Christian Petzold's Transit (2018) are taken to demonstrate what Jacques Derrida describes as 'hospitality' and 'spectrality'. Based on this analysis, the paper finds both models inadequate to hold together the irreconcilable modalities of the political and the ethical. To address this deficiency, it revisits Levinas' account of 'justice beyond the face' to propose an extension of the ethical view of Europeanness into the spheres of international law and public institutions.

How Terrorism Expedites Organizational Demise

This chapter explains why terrorism reduces the lifespan of militant groups. Whereas previous chapters showed that terrorism is ineffective for achieving their demands, this chapter shows that the civilian attacks decrease support, membership size, and ultimately the prospects of survival. Current and prospective members must reconcile the benefits of participation with the near-universal norm against killing civilians. Not only does terrorism present moral barriers to participation, but governments are far more likely to violently oppose groups that attack civilians, raising the physical costs of being a member. It is thus important for militant leaders to follow Rule #1, refraining from harming civilians, even when they are uninterested in pressuring government concessions.

Success in a Failed Campaign: The French Refugees of Jersey and the Making of an Abstract “Right to Refuge”

Histories of human rights tend to focus on defining moments, clear instances of universalism triumphant. If we hold to this model, the 1855 campaign on behalf of French republican—or democratic socialist—refugees was a failure. The refugees, expelled from Jersey in the Channel Islands for a libel of the queen, were little liked, and the campaign on their behalf did not yield the desired results, enabling them to return to Jersey. Yet, as this article argues, the failed campaign ought to be judged by different measures than the campaigners’ desired results, for we see in it the dynamics of refugee crises down to the present: an ongoing attempt to make refuge a universal norm in the face of persistent doubt that the refugees in question were “worthy” of staying. The French refugees and their supporters drew public attention to a right that they claimed derived from precedent, the British constitution, and moral principle. Though they did not succeed in their immediate cause, campaigners drew the admission even from naysayers that there was a “right to refuge”—but one the naysayers would not agree must be upheld at all costs.

Vertical Distribution Relations for Special Cycles on Unitary Shimura Varieties

We consider cycles on three-dimensional Shimura varieties attached to unitary groups, defined over extensions of a complex multiplication (CM) field $E$, which appear in the context of the conjectures of Gan et al. [6]. We establish a vertical distribution relation for these cycles over an anticyclotomic extension of $E$, complementing the horizontal distribution relation of [8], and use this to define a family of norm-compatible cycles over these fields, thus obtaining a universal norm construction similar to the Heegner $\Lambda $-module constructed from Heegner points.