Cogito Journal

TEMPORALITY AND NOSTALGIA IN THE HERMENEUTIC LOGIC OF HISTORY

Yuliia Meliakova, Inna Kovalenko, Eduard Kalnytskyi, Svitlana Zhdanenko — Fri, 23 Dec 2022 00:00:00 +0200

This study analyzes essential epistemological and ontological aspects of history from the perspective of history hermeneutic logics. A special focus is set on the temporal problems of the logics of history, in particular, regarding interrelations among the moments of historical time, involving the representative and the reference, as well as the chronological core of the event and the text. The settlement of the temporal conflict between the time of an event, narration and perception appears possible using the analysis of time hermeneutic game techniques. The free movement of signs, which no longer represent any meaning, but merely reproduce historical gestures, is expressed in deconstructive logic of copies and simulacra. Within this philosophical context, the issue of nostalgia is related to the subjective experience of historical reflection. Nostalgia is regarded as a way of communicating with history by an interactive subject. The research findings show that currently the existence of mankind requires changes in its relations with the past, and a review of the cognitive methods applied to understand the past against the background of the fluctuating and dynamic horizon of senses in history.

THE KALEIDOSCOPE OF THE IMAGE OF EUROPE IN THE ROMANIAN COLLECTIVE MIND

Dorin-Mircea Dobra — Fri, 23 Dec 2022 00:00:00 +0200

The process of "Europeanization of Romania" is, in fact, the process of its modernization, because we have been European since the beginning of our history. We consider three moments to be defining in this sense: Romanization from the beginning of our era, contact with revolutionary ideas from the middle of the 19th century and the contemporary period. From the beginning until today, Europe as a model of civilization has benefited from a multitude of images in the Romanian collective mind. A few, positive and negative, we try to decipher on this occasion.

EXAMINATION OF RELIGIOPHOBIA AND POLITICIZATION OF RELIGIOUS CONFLICTS IN POSTCOLONIAL NIGERIA

Peter Ottuh, Festus Omosor — Fri, 23 Dec 2022 00:00:00 +0200

Nigeria, like some other African countries since independence, has been plugged into a series of religious and political uprisings resulting in mayhem, the deaths of thousands of people, and damage to properties. For example, Boko Haram's recent militarization has harmed Nigeria's stability and put the nation under continual danger. As a result, the paper investigates religious conflicts in postcolonial Nigeria in connection to religiophobia and religious politicization as causative variables. Historical and phenomenological approaches are used to achieve the stated goal. Findings reveal that the lack of social control mechanisms that characterized traditional Nigerian societies in the precolonial era, such as kinship, religious inclusiveness, non-religious sentimental political systems, and community wellbeing, led to the escalation of religious conflicts in postcolonial Nigeria. The paper proposes that religious and political ideologists and religious groups should pursue genuine political and religious supremacy devoid of violence.

A CRITIQUE OF THE ARGUMENTS IN DEFENCE OF A RIGHT TO A DECENT MINIMUM HEALTH CARE

Benjamin Aloba Faniran — Fri, 23 Dec 2022 00:00:00 +0200

This paper attempts a critique of the arguments advanced in support of a right to a decent minimum of health care. Using the method of analysis and argumentation, it examines arguments earlier given by scholars to justify a right to a decent minimum of health care. It avers that arguments bordering on the need to cater for other sectors of the economy or the dwindling fortunes of the government at some periods on which the right to a decent minimum of health care is justified confuses the unique nature of the health sector and the other sectors of the economy. It concluded that a right to a decent minimum of health care is not enough as most medical issues such as the IVF and similar ones may require huge financial commitment which an individual may not be able to finance. As such, government should embrace the right to an unqualified health care.

FROM ANXIETY TO ATARAXIA

Gabriela Pohoață — Fri, 23 Dec 2022 00:00:00 +0200

Our analysis starts from the premise that anxiety is a philosophical concept, not merely a research topic for psychology, not being reducible only to anxiety neurosis. Thus, we propose the philosophical research of this particularly deep concept requiring a complex approach due to its metaphysical origin and its link to the spirit, to the human being's basic structure. It is also the reason why we appreciate that the solution to the problem of anxiety is eminently spiritual, more specifically, it resides in the ‘awakening of the spirit’. A truly free spirit, even if dominated by metaphysical anxieties, cannot lock itself into destructive anxiety. In my opinion, metaphysical anxiety cannot be confused with depression, it cannot be treated with anti-depressants. Did man not have turmoil, metaphysical anxieties, he could not claim to participate in culture. Only the one who goes through metaphysical anxiety can attain the state of ataraxia.

CAPITALIZING ON JUSTICE IN CONDITIONS OF GOOD GOVERNANCE

Andrei Negru, Natalia Creciun — Fri, 23 Dec 2022 00:00:00 +0200

The phenomenon of good governance is in a close and indispensable connection with a qualitative and effective justice system. The adversarial discussions between the opponents are oriented towards prioritizing either human rights or justice. Which of the phenomena can be temporarily sacrificed: good governance or justice? Can a justice in the process of transformation be an effective tool to capitalize on good governance in general and human rights in particular? Can good governance be leveraged in the absence of an independent judiciary? These and other questions are examined in the paper, in order to appreciate the interaction between good governance and justice in the conditions of contemporary society. The article is developed within the Project “Modernization of governing mechanisms focused on the protection of human rights”, cipher 20.80009.1606.15, in the Scientific Research Laboratory “Compared Public Law and e-Government”, Law Faculty, Moldova State University

CURRENT ASPECTS OF BAIL IN THE LIGHT OF FREE ACCESS TO JUSTICE

Maria-Iuliana Ciocan — Fri, 23 Dec 2022 00:00:00 +0200

In the light of civil procedural law, an important place is occupied by the posting of a bond at the disposal of the court for the purpose of suspending enforcement, as a guarantee of the debtor's fulfilment of the obligation contained in the enforceable title. This study addresses the incidence of the right to a fair trial - in the form of free access to justice (as protected by Article 6 of the E.C.H.R.) - in the hypothesis of the imposition of an obligation to pay a security in an extremely high amount. Among the issues addressed are the possibility of granting exemptions, reductions and staggering of the amount of the deposit, the violation of the principles of fairness and equality of rights of the parties by exempting public institutions and authorities from the obligation to deposit bail in order to suspend enforcement, as seen in the light of domestic case law and the case law of the European Court of Human Rights.

COVID-19 PANDEMIC AND ADMINISTRATION OF CRIMINAL JUSTICE IN NIGERIA: A CALL FOR A BETTER APPLICATION

Pascal Bekongfe Aboh, Patrick Chukwunonso Aloamaka — Fri, 23 Dec 2022 00:00:00 +0200

The world is moving into an uncertain future and one does not need a crystal ball to agree that uncertainty stares the whole world in the face; one only need reference the global pandemic caused by the dreaded corona virus. Famously, for a long time it has been known that when America sneezes the whole world catches a cold, but this time china Coughed and the whole globe was affected. Nigeria was not spared and neither were its security apparatus spared nor the Criminal Justice Administration (CJA) which struggled to cope with the new challenges that surfaced due to the pandemic. In this entire viral hurricane witnessed globally how did the Criminal Justice Administration (CJA) and its attendant legal framework in Nigeria fare? This paper has as its focal point to review said legal framework viz a viz attendant challenges leading to a call for better application of the legal framework to the administration of criminal justice in Nigeria hoping that lessons were learnt from mistakes made.

STUDIES REGARDING THE NEW PARADIGM OF FIXED CAPITAL DEPRECIATION

Angela Deliu, Gabriela Ignat, Nicu Şargu — Fri, 23 Dec 2022 00:00:00 +0200

The present research consists in creating the new paradigm design of fixed capital depreciation. The scientific approach summarizes direct and indirect effects regarding the profitability, risk and value of a company, dictated by the investment in fixed assets. The authors' solution to the presented problem is based on a specific research methodology that includes a series of methods and techniques, consequently representing an essential dynamic for a company, based on the new economy of knowledge. The new paradigm substantiated by the authors and defined the depreciation of fixed capital, is the investment in rigid assets, being decisive for the survival of a company under the conditions of economic internationalization.

PUBLIC OWNERSHIP OF LAND AND ITS IMPACT ON THE SOCIALIST-ORIENTED MARKET ECONOMY IN VIETNAM

Luu Quoc Thai — Fri, 23 Dec 2022 00:00:00 +0200

Vietnam established public ownership of land from the Constitution 1980 in the context of a centrally planned economy. After many changes to the Constitution, the public ownership of land is still maintained, even though the market economy has been officially recognized since the Constitution 1992. In Vietnam, only the State has the right to own land. Other entities only have land use rights through the State granting land use rights or acquiring land use rights by transaction with others. The State can compulsorily acquire the land of any subject to carry out its land planning by an administrative decision. Along with the centralized regime, where only one political party, the communist party, is allowed to operate and lead the country, public ownership of land in Vietnam is seen as a barrier to the development of the country and healthy market economy. Therefore, this article will clarify the nature and relationship between land ownership and Vietnam's market economy to have a more objective view on this issue.

ERGOCRITICISM.. AN (EVENTUAL) ERGODIC LITERATURE INTERPRETATION INSTRUMENT

Aliona Grati, Rodica Gotca — Fri, 23 Dec 2022 00:00:00 +0200

The aim of this research is the advancement of a direction of literary criticism of the ergodic text, named Ergocriticism and the formulation of an applicable instrument in the interpretation of ergodic literature. This reserch is based on the studies of E. Aarseth, R. Ingarden, A. Marino, E.-M. Kontopoulou et other literary theorists. Advancing a theoretical direction of the interpretation of the ergodic text – Ergocriticism, supported by an inventory of critical grids, we facilitate the analysis of this literary phenomenon. The literary forms of ergodic literature (cybertext, hypertext, Interactive Fiction, Hyperfiction, MUDs etc.) evolve Bakhtinian dialogism, permuting the reader in the hypostasis of (co) author, in direct relation to spatodynamic metaphors, whose interpretation can be achieved only by merging critical tracks such as Roman Ingarden's grid (the treated vision of the literary work), the Markov's chain
(which analyzes the probability of choice in an ergodic text) and the medium-support of the text which, according to E. Aarseth, is represented by a set of variables with possible values that describe them. This article presents our attempt to structure a possible
inventory useful to the critic, a model (pilot) of ergodic criticism.