• Title/Summary/Keyword: personal liberty

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Religious, Ethical, and Political Idealism in Middle Milton: Focusing on the Relationship between His Heroic Sonnets and Prose Works (중기 밀턴의 종교적, 윤리적, 정치적 이상주의 -그의 영웅적 소네트와 산문의 관련성을 중심으로)

  • Choi, Jae-Hun
    • Journal of English Language & Literature
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    • v.56 no.1
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    • pp.135-156
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    • 2010
  • In the 1640's and 1650's, Milton wrote many prose works on a variety of topics such as education, church polity, divorce, censorship, regicide, tithing, civil liberty, and blindness. Much of his prose shows us turbulent decades of English history. In this period, he also published his first collection of poems and wrote sonnets. He wrote 23 sonnets in his life, and many sonnets Milton wrote after he had become Latin secretary are occasional poems in historical time. Milton's sonnets, as Annabel Patterson says, are a marker in his personal development, in his life, in his career as a writer, and in the history of his time. Four sonnets (15, 16, 17, 23), written between 1648 and 1655, were not published in the collected edition of Milton's poem in 1673. These sonnets, addressed to leaders of the Parliamentary party during the English revolution, Thomas Fairfax, Oliver Cromwell, and Henry Vane, and to his friend Cyriack Skinner, have been known as "commonwealth" sonnets. They are also called as "heroic sonnets" because they have the common style and theme with his later heroic epic poems. These sonnets were finally published in 1694 by Milton's nephew John Phillips. Milton was interested in religious, domestic, and political liberty for his lifetime, and his heroic sonnets also deal with these ideas of liberty. Milton asks civil liberty from Fairfax, freedom in religion from Cromwell, and from Vane for the reconciliation of both. The aim of this article is to examine how the rhetorical strategies of his "left-handed" prose interact with those of his "right-handed" poetry. This paper explores the relationship between Milton's heroic sonnets and his prose works, such as The Second Defense of the People of England, A Treatise of Civil Power, and The Likeliest Means to Remove Hirelings. Milton deals with the critical issues of religious tolerance, the separation of church and state, liberty of conscience and defense of his blindness, and attempts to define the statesman's role in peacetime England in these heroic sonnets and prose works.

Democratic Values, Collective Security, and Privacy: Taiwan People's Response to COVID-19

  • Yang, Wan-Ying;Tsai, Chia-hung
    • Asian Journal for Public Opinion Research
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    • v.8 no.3
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    • pp.222-245
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    • 2020
  • In the pandemic crisis, many governments implemented harsh interventions that might contradict democratic values and civil liberties. In Taiwan, the debate over whether or not to reveal personal information of infected persons to limit the coronavirus's spread poses the democratic dilemma between public health and civil liberties. This study examines whether and explains how Taiwan's people respond to the choice between individual privacy and collective security. We used survey data gathered in May 2020 to show that, first, the democratic values did not deter the pursuit of collective safety at the cost of civil liberty; rather, people with higher social trust were more likely to give up their civil liberties in exchange for public safety. Second, people who support democratic values and pursue collective security tend to avoid violating privacy by opposing the release of personal information. This study proves that democratic values do not necessarily threaten collective safety and that the pursuit of common good can co-exist with personal privacy.

A Study on Legal Regulation of Neural Data and Neuro-rights (뇌신경 데이터의 법적 규율과 뇌신경권에 관한 소고)

  • Yang, Ji Hyun
    • The Korean Society of Law and Medicine
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    • v.21 no.3
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    • pp.145-178
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    • 2020
  • This paper examines discussions surrounding cognitive liberty, neuro-privacy, and mental integrity from the perspective of Neuro-rights. The right to control one's neurological data entails self-determination of collection and usage of one's data, and the right to object to any way such data may be employed to negatively impact oneself. As innovations in neurotechnologies bear benefits and downsides, a novel concept of the neuro-rights has been suggested to protect individual liberty and rights. In Oct. 2020, the Chilean Senate presented the 'Proyecto de ley sobre neuroderechos' to promote the recognition and protection of neuro-rights. This new bill defines all data obtained from the brain as neuronal data and outlaws the commerce of this data. Neurotechnology, especially when paired with big data and artificial intelligence, has the potential to turn one's neurological state into data. The possibility of inferring one's intent, preferences, personality, memory, emotions, and so on, poses harm to individual liberty and rights. However, the collection and use of neural data may outpace legislative innovation in the near future. Legal protection of neural data and the rights of its subject must be established in a comprehensive way, to adapt to the evolving data economy and technical environment.

A Study on the Conflict Between the Call for Journalists' Phone Records and the Shield Law: Focusing on the Review of Paragraph 2, Article 13 of the Act of Protection of the Secrecy of Correspondence (기자의 통화내역 조회와 취재원 보호 간의 갈등: 통신비밀보호법 제13조 제2항 논의를 중심으로)

  • Lee, Seung-Sun
    • Korean journal of communication and information
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    • v.25
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    • pp.103-133
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    • 2004
  • Korean citizens enjoy not only the freedom of communication but also the secrecy of electronic communication. Article 18 of the Constitution of the Republic of Korea prescribes that the secrecy of correspondence should not be infringed. Namely, all citizens enjoy guaranteed privacy of correspondence. But many people have been experiencing the infringement of those rights. The purpose of this paper is to evaluate whether Paragraph 2, Article 13 of the Act on Protection of the Secrecy of Correspondence infringes on the constitutional rights of privacy of electronic communication. The results of this study indicate that the law violates the Constitution. Paragraph 3, Article 12 (Personal Liberty, Personal Integrity) of the constitution stipulates that "Warrants issued by a judge through due process (upon the request of a prosecutor) have to be presented in case of arrest, detention, seizure, or search." However, prosecutors, the police, and National Intelligence Service have made numerous inquiries calling for the journalists' telephone records without warrants issued by a judge. So, this study suggests that the paragraph should be amended to be compatible with the Constitution. Meanwhile, journalists should make a more concerted effort to protect their news sources in exercising constitutionally protected freedom of the press.

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A Study on Hermann Fürst Pücker-Muskau's landscape gardening theory focused on its development process and meanings (헤르만 F. 폰 퓌클러-무스카우(Hermann Fürst von Pückler-Muskau)의 풍경식 정원론의 형성과정과 의미에 관한 연구)

  • Zoh, Kyung-Jin
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.32 no.3
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    • pp.69-81
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    • 2014
  • Herman $F{\ddot{u}}rst\;P{\ddot{u}}ckler-Muskau$ is one of important figures in German landscape architecture who designed both Muskau Park and Branitz Park and published garden book Andeutungen ${\ddot{u}}ber$ Landschaftgartenerei (Hints on Landscape Gardening) in 1834. He was a German nobleman who governed Muskau estates while working as both a writer and a landscape gardener. German landscape gardening was grounded on Romanticism, which was represented in diverse ways such as the reconciliation between man and nature, the liberation of reason, and the pursuit of liberty. The intellectuals came to have an interest on landscape gardening since the garden carried the cultural connotation such as the idealized epitome of nature. This study is to investigate how his idea of landscape gardening had been developed through his personal life and social background and to find out his landscape gardening theory and its unique gardening techniques. Finally, the inventive aspect of his garden theory and contemporary significances in practices were discussed. $P{\ddot{u}}cklers^{\prime}$ personal experience and social background provide us to understand the idea of garden. First, there was a mixture between reality and fantasy in his garden theory. It was due to the influence of Romanticism and literary garden. Second, his gardening mentality and technique were influenced by the late 18th century English garden practices, which emphasized the expressive aspects. Third, $P{\ddot{u}}cklers^{\prime}$ inner disposition and personal experience were represented in his garden design. Fourth, the intention of creating landscape garden for the local people might be a self realization of his contradictory characters between falling nobleman and liberal social leader. The significant value of $P{\ddot{u}}ckler^{\prime}s$ garden idea might be closely related in the dual nature of humanistic garden tradition and garden practice for social agenda. Therefore, his garden idea pursued of the comprehensive landscape strategies toward ideal communities and ethical spirits while concerning ecological, social, economic sustainable development of the region. Furthermore, his landscape gardening aims at the total landscape encompassing garden to region as well as the Gesamtkunst combing the beautiful with the useful. $P{\ddot{u}}ckler^{\prime}s$ holistic attitude gives us fresh insights and new directions to contemporary landscape theory and practice.

Icon and Form: A Study on Iconic Images of Cultural Revolution in Contemporary Chinese Fine Art (도상과 형상: 중국현대미술에서 문혁의 도상이미지 연구)

  • Li, Yongri
    • The Journal of Art Theory & Practice
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    • no.16
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    • pp.225-256
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    • 2013
  • As the great catastrophe in the modern and contemporary history of China, the Cultural Revolution(CR) is an object, which must have sutured the past of darkness. At the same time it is a continuous event and also a scar of memory. In other words, for history is "a dialog between the past and the reality"(E.H.Kar), CR intervenes in the reality and, on the contrary, the reality recomposes CR. From this point of view, CR is a historical event, which so far is not ended, and it is an object of memory, which is still being composed at the moment. As the saying: "Poetry is greater than history"(Aristoteles), artistic works more intensively reflect the past. The works related to CR can not be an exception. And CR is endlessly exposed in the contemporary Chinese fine arts and the works of the contemporary Chinese artists-Wang Guangyi, Yue Minjun, Zhang Xiaogang and others are proved to be those who suffer from the trauma of CR and who feel no liberty from CR. For example, CR probably is a symbol showing the "identity" of the Chinese artists. And the diversity of the symbol is the experience and pattern of the dialog between artistic works and CR (i.e., intervention in reality). For example, with withering of grand-narrative and appearance of micro-narrative, the CR critical works of Guan Zhoudao were the root of the Chinese fine arts in the late 70s and early 80s. In the contemporary cultural situation, the literary works about CR actively analyzed the history (CR) from the personal point of views and explained in the way of monolog and micro-method led the 1990s' works. In this way they tried to recompose the history "randomly", like looking at reality with their own eyes. In this process, CR is continuously exposing new features and the real facts are appearing before us as unfamiliar phenomena. This is a way of combination and "reappearance" of contemporary arts and reality. In conclusion, the purpose of this article is to make it possible to see a section of the contemporary Chinese fine arts through the study of the icon image of CR and to analyze the way of fine arts recomposing the history and the intervening in the reality. In this sense, the author has entitled the article "Icon and Form". It means how to reshape (the present) the typically formed icon of the CR (the past).

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The review of the 2016 amended Korean Mental Health promotion Act from the Perspective of Human Rights and Inclusion of Persons with Mental Disabilities (정신장애인의 인권과 지역사회통합의 관점에서 본 2016년 정신건강증진법의 평가와 과제)

  • Park, Inhwan
    • The Korean Society of Law and Medicine
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    • v.17 no.1
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    • pp.209-279
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    • 2016
  • The Korean Mental Health Act was amended 2016 overall. This paper examines and evaluates the old Korean Mental Health Act since 1995 and the new Korean Mental Health Promotion Act 2016 from the Perspective of Human Rights and Inclusion of Persons with Psychosocial Disabilities. The persons with mental disabilities was separated and ruled out from society by the enactment of the Mental Health Act in 1995 and five times amendment. That has been justified and institutionally supported by medical viewpoint. The medical approach which reconsider the persons with mental disabilities as patients conceal that the aims of the involuntary admission in Mental Hospital are protection of society and the relief of the family member's duty of support for person with mental disabilities. This is institutionally supported in the 1995 Korean Mental Health Act by involuntary admission through the consent of family members as protectors. According to the old Act, the family members as protectors are authorized to consent to involuntary admission of persons with mental disabilities. Also, the psychiatrist that diagnoses the person with mental disabilities and evaluates the need for treatment by admission is not impartial in this decision. Family members as protectors may want to lighten their burden of support for the person with mental disabilities in their home by admitting them into a mental hospital, and the psychiatrist in the mental hospital can be improperly influenced by demand of hospital management. Additionally, Article 24 of the Korean Mental Health Act for the Involuntary Admission by the Consent of Family Members as Protector might violate personal liberty, as guaranteed in the Korean Constitution. The Mental Health Promotion Law was amended to reduce the scope of the persons with mental illness which are subject to forced hospitalization and to demand that a second diagnosis is made by another psychiatrist and screening by the committee concerning the legitimacy of admission in the process of the involuntary admission by the consent of family members as a method of protection. The amended Mental Health Promotion Law will contribute to reducing the number of the involuntary admissions and the inclusion of persons with mental disabilities. But if persons with mental disabilities are not providing some kind of service to the community, the amended Mental Health Promotion Law does not work for Inclusion of them.

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