Ius Humani. Law Journal

The political in contemporaneity: Approaches from the psychopolitics of Byung-Chul Han.

Santiago Andrés Ullauri Betancourt — 2024-11-06

The notion of the political in the contemporary era has developed a new paradigm characterized by structured individualism under psychic control and self-exploitation. In this context, Byung-Chul Han argues that, under the neoliberal system, power no longer operates through physical discipline or external coercion, but through psychological manipulation. The individual is transformed into an “entrepreneur of the self,” reducing negativity to a strictly inert framework, leading to a more subtle form of domination in which the individual internalizes the logic of performance and constant optimization. In this way, psychopolitics acts silently on the mind and emotions, fostering a self-exploitation in which personal success and productivity become imperatives. For Han, this logic not only depoliticizes the individual, but also eliminates his or her capacity for resistance, where conflict, which in classical theories of the political is essential, disappears in favor of a society that fosters individual competition and digital surveillance. In the face of this, Han explores the need to reconstruct the political, seeking spaces that revitalize political action through critical questioning.

Santos, José Antonio. (2023). Philosophy of Law for Historical Beings: On Legal Hermeneutics from a Historical Perspective. Barcelona: Atelier.

Diego Romero Castro — 2024-10-21

Nature As A Subject Of Rights In The Sanctioning Procedure In The Organic Environmental Code. Ecuador

Pablo Ricardo Mendoza Escalante — 2024-10-17

Research on the rights of nature in the field of administrative procedural law constitutes a new challenge based on the sanctioning power of the Ecuadorian State within the sanctioning procedure provided for in the Organic Code of the environment in Ecuador. Accordingly, the research addressed, from the new conception of nature as a new subject of rights, the role of the subject interested in the results of the sanctioning procedure provided for in the CODA. In this context, aspects such as the status of procedural subject, legitimation, jurisdiction, due process, the natural judge, evidence, the sentence and its necessary motivation were addressed, through legal argumentation. A legal dogmatic documentary type methodology was used, which allowed the analysis of the different legal institutions in the constitutional resolutions in administrative matters, as well as the regulations linked to the application of a procedure arising from the sanctioning power for environmental administrative infractions from the legal framework. the doctrine and jurisprudence of the Constitutional Court. It was concluded that although the principles of Criminal Law are applicable, they must be interpreted and applied based on the guiding principles of environmental law and the rights recognized in article 71 of the 2008 constitution. It has not been possible to delve deeper into decentralized environmental management. and on the rights of nature within the administrative sanctioning procedures in the Ecuadorian legal system in relation to the constitutive elements of the rights of respect and restoration of nature.

Bioethics and Biolegal: ways to fully reconcile human beings

Gilberto Alfonso Gamboa-Bernal — 2024-10-16

Although Bioethics was born in a context of biomedical research and the practice of health sciences, it was not its only course: VR. Potter proposed a global bioethics, where the environment should also be the protagonist. And if one of the tasks that Bioethics has had since its origins is to return to the practice of medicine the human component that biotechnological developments threaten to take away, Bioethics must also serve to reconcile the human being with himself, with others and with the environment of which it is a part, since it intervenes and modifies it with a negative balance for nature. Another main task of Bioethics is to contribute to recognizing the value of human life and strengthening a culture of life, which armed conflicts and economic interests seek to make disappear. To achieve these objectives, a convenient biolegal support is necessary, of which the legislative bodies are especially guarantors, who have a precise and clear responsibility to legislate in accordance with the Political Constitution of the States. It is important and essential that new generations acquire, from an early age, concepts, habits and attitudes that guarantee a wisdom of life that is reflected in everyday life, where goods, virtues and norms are articulated that guarantee human coexistence and the consolidation of societies. fair, supportive and truly free.