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Jurisprudence of Aid and Humanitarian Protection under Heterogeneous Subject Conditions: Duties, Permissions, Standing, and Institutional Responsibility
This preliminary jurisprudential study examines the source-dependent legal relations that govern aid and humanitarian protection where affected subjects, support relationships, capacities, and institutions are heterogeneous. The analysis distinguishes ethical reasons to assist from duties under applicable legal regimes, permissions to perform protective acts, legal standing to challenge failures, and responsibility for institutional decisions. It begins with differentiated legal domains, including armed-conflict relief, disaster assistance, human rights in emergencies, and maritime rescue, without presuming a unified legal right or authorization to intervene. The Generative Relational (GR) reconstruction studies how protected interests become legible or inaccessible through institutional relationships, support structures, classification systems, and coordination mechanisms. It preserves ontological suspension, distinguishes relational conditions from observable manifestations, and treats the proposed GR contribution as open to counterexample and comparison with established law and institutional analysis. Existing human protections are separated from positive-law protections of animals and from conjectural artificial and extraterrestrial cases. The paper develops a source-indexed programme for duties, permissions, standing, and accountable protection, subject to legal and philosophical validation.
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