scholarly journals Turning to Animal Agency in the Anthropocene

2021 ◽  
pp. 65-78
Author(s):  
Charlotte E. Blattner
Keyword(s):  
Basic Education ◽  
Freedom Of Expression ◽  
Personal Relationships ◽  
Right To Life ◽  
Human Animal ◽  
The Law ◽  
The Right ◽  
Civic Competence ◽  
Animal Agency ◽  
Law Making

AbstractAgency is central to humans’ individual rights and their organization as a community. Human agency is recognized in the Universal Declaration of Human Rights through guaranteed rights, such as the right to life, basic education, freedom of expression, and the freedom to form personal relationships, which all protect humans from tyranny and oppression. Though studies of animal agency consistently suggest that we grossly underestimate the capacity of animals to make decisions, determine and take action, and to organize themselves individually and as groups, few have concerned themselves with whether and how animal agency is relevant for the law and vice versa. Currently, most laws offer no guarantee that animals’ agency will be respected, and fail to respond when animals resist the human systems that govern them. This failure emerges from profound prejudices and deep-seated anthropocentric biases that shape the law, including law-making processes. Law and law-making operating exclusively as self-judging systems is widely decried and denounced—except in animal law. This chapter identifies standpoint acknowledgement as a means to dismantle these tendencies, and provides instructions on how to ask the right questions. It concludes by calling for an “animal agency turn” across disciplines, to challenge our assumptions about how we ought to organize human-animal relationships politically and personally, and to increase our civic competence and courage, empathy, participation, common engagement, and respect for animal alterity.

Sedition in Liberal Democracies

2018 ◽  
Author(s):  
Anushka Singh
Keyword(s):  
Freedom Of Expression ◽  
Legal Protection ◽  
Community Based ◽  
Political Speech ◽  
Liberal Democracies ◽  
Indian Experience ◽  
Judicial Discourse ◽  
The Law ◽  
The Government ◽  
The Right

Liberal democracies claim to give constitutional and legal protection of varying degrees to the right to free speech of which political speech and the right to dissent are extensions. Within the right to freedom of expression, however, some category of speeches do not enjoy protection as they are believed to be ‘injurious’ to society. One such unprotected form of political speech is sedition which is criminalized for the repercussions it may have on the authority of the government and the state. The cases registered in India in recent months under the law against sedition show that the law in its wide and diverse deployment was used against agitators in a community-based pro-reservation movement, a group of university students for their alleged ‘anti-national’ statements, anti-liquor activists, to name a few. Set against its contemporary use, this book has used sedition as a lens to probe the fate of political speech in liberal democracies. The work is done in a comparative framework keeping the Indian experience as its focus, bringing in inferences from England, USA, and Australia to intervene and contribute to the debates on the concept of sedition within liberal democracies at large. On the basis of an analytical enquiry into the judicial discourse around sedition, the text of the sedition laws, their political uses, their quotidian existence, and their entanglement with the counter-terror legislations, the book theorizes upon the life of the law within liberal democracies.

scholarly journals Guilty of using Google: Reconciling the right to a fair trial with the right to freedom of expression and addressing juror misconduct in the age of social media

2021 ◽  
Author(s):  
◽  
Emma Jane Smith
Keyword(s):  
Social Media ◽  
Legal System ◽  
Freedom Of Expression ◽  
Fair Trial ◽  
Communications Technology ◽  
Independent Research ◽  
The Subject ◽  
The Law ◽  
The Right

<p>It is widely accepted that the right to a fair trial is one of the most important guarantees contained within our legal system. That right is undermined when a jury member conducts his or her own research into a case. This type of juror misconduct constitutes contempt of court. In the light of the fact that the law of contempt is currently the subject of review in a number of jurisdictions, this paper considers how the law of contempt could be adapted to better manage the risk of jurors undertaking independent research. After a discussion of the current law and some problems with it, particularly those created by modern communications technology, this paper considers a number of possible reform options. It makes two broad recommendations. First, that the law should focus relatively more on preventing jurors undertaking their own research than on limiting publication. Second, that independent research by jurors should be the subject of statutory criminalisation, and a range of measures should be adopted to increase jurors’ understanding of the importance of not going outside the evidence before them and to minimize any incentives for jurors to conduct their own research.</p>

scholarly journals Academic Freedom and Its Protection in the Law of European States

2016 ◽  
Vol 3 (3) ◽  
pp. 254-345
Author(s):  
Klaus D. Beiter ◽  
Terence Karran ◽  
Kwadwo Appiagyei-Atua
Keyword(s):  
Higher Education ◽  
Human Rights ◽  
Academic Freedom ◽  
Freedom Of Expression ◽  
European Convention ◽  
The European Union ◽  
International Human Rights ◽  
International Human ◽  
The Law ◽  
The Right

Focusing on those countries that are members of the European Union, it may be noted that these countries are bound under international human rights agreements, such as the International Covenants on Civil and Political, and Economic, Social and Cultural Rights or the European Convention on Human Rights, to safeguard academic freedom under provisions providing for the right to freedom of expression, the right to education, and respect for ‘the freedom indispensable for scientific research.’ unesco’s Recommendation concerning the Status of Higher-Education Teaching Personnel, a ‘soft-law’ document of 1997, concretises international human rights requirements to be complied with to make the protection of the right to academic freedom effective. Relying on a set of human rights indicators, the present article assesses the extent to which the constitutions, laws on higher education, and other relevant legislation of eu states implement the Recommendation’s criteria. The situation of academic freedom in practice will not be assessed here. The results for the various countries have been quantified and countries ranked in accordance with ‘their performance.’ The assessment demonstrates that, overall, the state of the protection of the right to academic freedom in the law of European states is one of ‘ill-health.’ Institutional autonomy is being misconstrued as exhausting the concept of academic freedom, self-governance in higher education institutions sacrificed for ‘executive-style’ management, and employment security abrogated to cater for ‘changing employment needs’ in higher education.

18. Human rights in action

2021 ◽  
pp. 435-457
Author(s):  
Anne Dennett
Keyword(s):  
Human Rights ◽  
Religious Belief ◽  
Family Life ◽  
Public Authority ◽  
Right To Life ◽  
Article 9 ◽  
Freedom Of Thought ◽  
The Law ◽  
The Right

This chapter explores how three Convention rights operate in practice: the right to life (Article 2), the right to a private and family life (Article 8), and freedom of religious belief (Article 9). Article 2 provides that everyone’s right to life shall be protected by law. No one shall be deprived of one’s life intentionally save in the execution of a sentence of a court following one’s conviction of a crime for which this penalty is provided by law. Article 8 provides that everyone has the right to respect for one’s private and family life, home, and correspondence. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law. Meanwhile, Article 9 provides that everyone has the right to freedom of thought, conscience, and religion; this right includes freedom to change and manifest one’s religion or belief.

scholarly journals Feu la D.C.D. L'arrêt Miller et la peine de mort

2005 ◽  
Vol 18 (2-3) ◽  
pp. 567-576
Author(s):  
Henri Brun
Keyword(s):  
Supreme Court ◽  
Death Penalty ◽  
Supreme Court Of Canada ◽  
Bill Of Rights ◽  
Right To Life ◽  
The Supreme Court ◽  
The Subject ◽  
The Law ◽  
The Right ◽  
First Time

The Miller case, decided by the Supreme Court of Canada on October 5, 1976, puts the death penalty under the light of the Canadian Bill of Rights which formulates the right to life and the right to protection against cruel and unusual treatment or punishment. The following comment on the case relates to the interpretation given specific clauses of the Bill of Rights by the Court on that occasion. But it stresses especially the law that flows from the case about the compelling weight of the Bill of Rights over acts of Parliament enacted after the Bill came into force. In Miller, the Supreme Court expressed itself on the subject for the first time.

5. Deprivations of life and liberty

2015 ◽  
Author(s):  
Andrew Clapham
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Fair Trial ◽  
Human Rights Law ◽  
Right To Life ◽  
Legal Restrictions ◽  
The Right ◽  
Association Property

‘Deprivations of life and liberty’ considers the rights to life and liberty, which may be limited through legal restrictions designed to protect a defined legitimate objective. The human rights approach starts from a presumption that we all have rights to liberty, freedom of expression, belief, assembly, association, property, and fair trial. Any restriction on these rights has to be justified as proportionate to the aims pursued by the restriction according to a four-stage schema developed in human rights law. Is the right to life absolute? When is the detention of an individual lawful?

Locke and Nozick on Property

1982 ◽  
Vol 30 (1) ◽  
pp. 28-41 ◽  
Author(s):  
S. B. Drury
Keyword(s):  
Private Property ◽  
Right To Life ◽  
Natural Right ◽  
Law Of Nature ◽  
The Law ◽  
The Right

In this paper I hope to show that the differences between the Lockian and Nozickian ideas regarding the foundation of private property are far greater than is generally assumed. My purpose is not to criticize Nozick, but to show that the accepted interpretation of Locke on which he relies is mistaken. In particular, I hope to show (1) that the theory of appropriation by labour is not applicable after the invention of money; and is meant to show that the right to property is based on the right to life and self-preservation, and (2) that property arrangements after the introduction of money are justified primarily by utility rather than natural right, and (3) that the conditions created by the invention of money make the ‘regulation’ of private property necessary for the preservation of mankind which is required by the law of nature.

scholarly journals Digital Security Act and Investigative Journalism in Bangladesh: A Critical Analysis

2020 ◽  
Vol 2 (2) ◽  
pp. 216-236
Author(s):  
Md. Aliur Rahman ◽  
Harun-Or Rashid
Keyword(s):  
Freedom Of Expression ◽  
Investigative Journalism ◽  
Secondary Sources ◽  
Information And Communication ◽  
The Media ◽  
The Law ◽  
The Government ◽  
Negative Impacts ◽  
The Right ◽  
Harmful Effects

The Digital Security Act 2018 has created some barriers for citizens' accessing information and freedom of expression, particularly for the media professionals including journalists in Bangladesh. Thus, investigative journalism is now in a state of fear for distinction. In this context, the purpose of the study is to explore various effects of this Act, as well as to focus on different directions of protection while facing fears associated with the law. Showing the necessities for investigative journalism, this article also presented different fields of such an effective journalism. Methodologically, this article has followed the qualitative approach and collected information from both the primary and secondary sources. The findings from this study have shown that the fear of negative impacts form the Digital Security Act is dominant although the aim of the law, as described, is to provide security for information and communication. From the analysis of opinions of experts, it is easily predictable that some articles of the law have created dangerous threats on the way of investigative journalism, considering its applicable effects. Most of the experts expressed concerns about the negative impacts the law does have, as shown in the findings.  It is also reflected that these harmful effects would fall ultimately on the shoulder of the state creating such a bad situation where the government is feared to have lagged in terms of taking the right decisions at the right time.

scholarly journals Kedudukan Anak Luar Kawin yang Diangkat oleh Kakeknya di Desa Batukaang, Kecamatan Kintamani, Kabupaten Bangli

2020 ◽  
Vol 1 (1) ◽  
pp. 19-23
Author(s):  
Ni Nyoman Oktaviani ◽  
Ketut Sukadana ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Family Life ◽  
Secondary Data ◽  
Primary Data ◽  
Right To Life ◽  
Adopted Child ◽  
Sociological Approach ◽  
Inheritance System ◽  
The Law ◽  
The Right ◽  
Legal Marriage

Children born out of wedlock are children born to a woman who does not have a legal marriage relationship with a man who has made her give birth to the child. The child does not have a perfect position in the standpoint of the law like a legitimate child in general. The birth of a child is crucial in every family. In terms of family life, children are descendants of the next generation so a child has the right to life and identity as an effort to protect the law. The problem how the adoption of a child born beyond official marriage by his grandfather in Desa Batukaang, the Sub-district of Kintamani, Bangli Regency is executed and what is the inheritance system for such an adopted child in Batukaang Village, Kintamani District, Bangli Regency? The child was appointed by his own grandfather and the reason for the appointment was that the adoptive grandfather did not have a son. The type of research used in this research is an empirical study with a juridical-sociological approach. Types of data are primary data and secondary data, collected through interview and literature review. The procedure for the adoption of the child execution is through customary or noetic way, which is to carry out extortion ceremonies where offerings are religiously and legally made and the child is legally made as a legitimate child in general. Ultimately, the child is legitimate to be the child of the adopting grandfather both in a customary and inheritance legal system, the child inherits all inheritance from the grandfather. 

scholarly journals Protection of privacy in Malaysia: A law for the future

2021 ◽  
Author(s):  
◽  
Zuryati Mohamed Yusoff
Keyword(s):  
Private Information ◽  
Freedom Of Expression ◽  
Legal Framework ◽  
The Right To Privacy ◽  
Privacy Law ◽  
Privacy Act ◽  
Federal Constitution ◽  
The Law ◽  
The Individual ◽  
The Right

<p>In Malaysia, the rights and liberties of the individual are recognised in the Federal Constitution of Malaysia. However, the right to privacy does not have the express constitutional recognition enjoyed by other rights such as the right to life and liberty and freedom of expression. This thesis identifies gaps in the protection of privacy interests in the current legal framework. There is no self-standing law on privacy in Malaysia, though there are several laws which provide limited rights to privacy such as the laws on data protection and criminal law. The existing laws are inadequate to protect private information and to protect against the intrusion of privacy. The importation of foreign principles through the reception of English Common Law offers only limited protection. Malaysia should, therefore, have a specific law to protect privacy. With a view to attaining that goal for Malaysia, this thesis undertakes a comparative analysis of two different experiences of the development of the law of privacy. They are the privacy law in England, which is largely based on the law of breach of confidence, and the privacy law in New Zealand, which has a distinct privacy tort recognised in its case law. The conclusion is that those countries’ experience can inform developments in Malaysia, and that the best way for Malaysia to develop its law now is by the enactment of a specific Privacy Act.</p>

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