Sistema Regional de Información
en línea para Revistas Científicas de América Latina,
el Caribe, España y Portugal

Both the concept of human rights in Jacques Maritain and his the role in the drafting of the Universal Declaration of Human Rights (UDHR) in 1948 continue to generate significant interest among scholars and researchers. This interest is driven by a desire to understand the foundations of human rights in a multicultural context as well as the influence of the French philosopher on the composition of the UDHR. Charles Malik, a Lebanese philosopher and diplomat, was a nuclear drafter of the UDHR. An extensive archive of Malik’s papers is preserved at the Library of Congress, including large sections from his university years and his tenure as Lebanon’s ambassador to the United Nations. In order to provide original sources, this article presents Charles Malik’s references to the person and thought of Jacques Maritain, which will serve as a valuable resource for future researchers seeking to explain and clarify Maritain’s role and ideas in the drafting of the UDHR.

Jurisdiction has its concrete identity defined by the type of Rule of Law in which it is inserted. This article explores the idea that the protagonist of the jurisdiction, the judge, and his own activity, the elaboration of rulings (court’s decisions, judgements) are affected by the institutional context of the Rule of Law to which he/she is bound. Two models of the Rule of Law will be examined here: the one committed entirely to legal certainty, which will be called «Bureaucratic Rule of Law» and the model of the Rule of Law oriented to the realization of political justice – a model that tradition has called Republic, and it is contemporaneously called Democratic State under the Rule of Law. Therefore, two conceptions of the judge’s rulings will be contrasted: the bureaucratic and the republican. To elaborate the model of the Bureaucratic Rule of Law and of bureaucratic rulings, the contributions of Max Weber and Carl Schmitt will be used. On the other hand, the model of the Democratic State under the Rule of Law has its main sources in Aristotle, Cicero, and Thomas Aquinas.

The growing social acceptance of euthanasia contrasts with the opinion of the medical profession that, although it enjoys certain guarantees in the LORE, its deontological code may be altered if the National Health System transforms the human relationship between doctor- patient into a relationship, increasingly expansive, of a technological nature. The complexity of the evaluation of the euthanasia context and the strong animosity of the medical profession towards the application of euthanasia, cannot serve as a criterion to promote the robotization of a healthcare whose principles are respect for human life, the dignity of person and the health care of the individual and the community. This paper presents a critical analysis of the hypothesis of the application of new technologies that could replace individual conscientious objection and that of the medical profession regarding euthanasia.

Starting from the hypothesis that the Law is a rational product and understandable since the reason’s imperatives, the present work gets the learnings from the classic or Aristotelian-Thomistic realism to devise a functional classification of the different forms of legal knowledge: a) rational evidence, b) tecnical knowledge, c) scientific knowledge and d) philosophical knowledge. Well, beyond the theoretical opportunity of this division, the study defends that the legal wisdom is a prudential art, which be materialized case to case in the light of the just (quod ipsam res iustam).

Book Review

   

The notion of trials and supports, inscribed in the sociology of the individual, allows us to link complex situations of historical and structural character that affect the lives of individuals (trials) with the responses they deploy to face them (supports). Through a qualitative and exploratory study with Chileans and migrants residing in Santiago, Chile, we sought to identify, from the perception of those affected, the main problems produced and/or reinforced by the COVID-19 pandemic during 2020 and 2021. Also, the impact of these problems on their lives and how they responded to them. The results indicate that the pandemic impacted family structure and roles, the conception of work, the modes and mechanisms of interpersonal relationships, and the view of the future. These aspects vary depending on life cycle, gender, national or migrant status, employment status, and intersections between these dimensions. The main supports that emerged are the strength of character, family, and social ties, as well as the development of creativity and individual talents. In the case of the migrant population, the personal migratory project emerges as the primary support.

In May 2018, a feminist tsunami occurred in Chilean universities. Massive and extensive mobilizations arose in response to violence in higher education institutions, promoting a paradigmatic change in the country’s educational and scientific system. We investigated by mixing participation-observer, as a feminist methodological tool, with a documentary review based on publications on this particular topic. Its main results deal with the sociopolitical and turning point plot of feminist struggles in universities and the possibility of building a feminist education that strengthens democratic coexistence. Finally, in the post-pandemic context, it is urgent to consolidate proposals and actions that allow the construction of other forms of relationships in horizontal, collective, and affective scenarios, as opposed to male violence in institutions.

   

The public agenda, which reflects the main themes and topics of discussion between the government and the public, has shifted toward debating the pandemic’s impact on public opinion and government initiatives without considering the findings reported in the literature as indicators of the phenomenon. The objective of the present work was to establish the networks inferred from the relationships between findings reported in the literature from 2019 to 2022 regarding political and social actors in the field of social risk communication. The results warn of the prevalence of collateral axes to mobility as a restrictive effect of confinement policies and distancing of people. The analysis of health policies is recommended to anticipate conflict scenarios between the parties involved.