Law and Order or Global Disorder

• Author: Bidzina Savaneli
• Position: Priesthood Academy and Theological Seminary, Georgia
• Pages: 159-176

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Law and Order or Global Disorder

Bidzina SAVANELI

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Abstract: Substantial problem of Humankind is at the junction of Philosophy, Sociology and

Jurisprudence. Based on my attempt to harmonize philos ophies of Kant, Hegel and Husser l, and

studies of famous legal scholars Bentham, Ostin, Holmes, K elsen, Ehrlich, Reinach, Hart, Llevellin,

Kardozo, Da vid, Dworkin, Raw ls concerning t he problems of public la w, private law, comparative

law, justice, human ri ghts, post-modernism, and Georgian philosophical, sociological and legal

traditions since XII century, I discovered a synergetic model of dialectical, spiral, evolutionary and

mutual transformation of irrationalism and rationalism as the effective method of conflicts prevention

and peacefully r esolution at the Inter national, Regional, National and Local levels under the auspice

of Bill of Human Rights.

Keywords: dialectical jurisprudence; legal order; soc ial justice; human rights; Saint Francesco D'

Assisi

1. Introduction

Globalization in modern world reflects such transnational problems which have

never been exist in history of Humankind in such widespread aspect:

Monopolization of World Economics and Extreme Poverty; European Union and

NATO; World Bank, IMF and Developing Countries; International Drugs Network

and Terrorism; Internet and E-mail; ‘Judaism’ and ‘Islamism’; Global Warming

and Ozone Depletion; Deforestation and Marine Pollution; Israel, USA, UK and

Muslims; Contraband Armaments Traffic and Unregulated Financial Transfers;

Amnesty International and Greenpeace; Coca-Cola and Macdonald’s; Exhausting

of Non-renewable Earth Resources and Neo-colonialism; Corruption and Illegal

Human Trade; International Trade Union Organizations and Transnational

Woman’s networks; “Black Africa” and “Yellow Asia”; Catholic and Orthodox

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Priesthood Academy and Theological Seminary, Georgia. Corresponding a uthor:

savaneli@hotmailcom. AUDJ, vol. 9, no. 2/2013, pp. 159-176

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Churches; Ethnic Conflicts and the vast herds of Displaced Persons; Growth of

Racism and Ethnic separatism; and a cross synthesis of abovementioned realities in

combination with other factors.

However, in my scientific articles and newspaper statements since 1994 I have

many times warned about the Islam fundamentalists attack on the parallel 38.

(Savaneli, 1994) (Savaneli, 1994, pp. 23-24) Unfortunately prophesy was realized:

Washington is near the area of parallel 38, Madrid is located on the parallel 38,

and tsunami in Japan was falling upon parallel 38. New danger is issuing from the

parallel 38 between North and South Korea and etc. through Iran and to the

West.

In order of outcome from such dangerous situation in worldwide, I am suggesting a

synergetic model. In this respect, decisive role belongs to the Hegel’s Philosophy

of Dialectics, particularly Dialectical Jurisprudence, which will envelop

institutionalized study and comparison of legal orders and positive laws of each

nation-state, group of nation-states and all nation-states, evaluate a synergetic

model of their mutual transformation, spirally and sustainable development, and

elaboration of world positive law under the auspice of Bill of Human Rights as

effective method of conflicts prevention and peacefully resolution at the

International, Regional, National and Local levels in direction to establish Just

Global Order.

Any biological being, including human being, is the member of appropriate

biological community. Any member of appropriate biological community,

including human being, has submitted to the naturally and objectively established

norms of appropriate biological community. Naturally and objectively established

norms of appropriate biological community, including human community, regulate

individual activities and mutual interactions of its members. Naturally and

objectively established norms of appropriate biological community, including

human community, regulate their members’ individual activities and mutual

interactions with the members of other biological communities, including human

community. In the process of individual activities and mutual interactions of the

members of inside and/or outside biological communities, including human

community, it has been appeared contradictions among them which are resolved by

the naturally and objectively self-regulated and protecting norms of appropriate

biological community, including human community.

However, as it is well known, essential attributes of human being are following: a)

Human being is a rational being; b) Human being is an i rrational being; c) Human

being is a social being; d) Human being is a creative being; e) Human being is a

words producing being; f) I would be added that human being is being that

previously plan or lay out their future actions.