scholarly journals After the Critique of Rights: For a Radical Democratic Theory and Practice of Human Rights

2016 ◽  
Vol 27 (3) ◽  
pp. 269-288 ◽  
Author(s):  
Kathryn McNeilly
Keyword(s):  
Human Rights ◽  
Democratic Theory ◽  
Theory And Practice

scholarly journals Rights and Deliberative Systems

2021 ◽  
Author(s):  
Ron Levy
Keyword(s):  
Human Rights ◽  
Deliberative Democracy ◽  
Democratic Theory ◽  
Theory And Practice ◽  
Legal Rights ◽  
Deliberative System ◽  
Significant Area ◽  
Close Study ◽  
Democratic Systems ◽  
And Control

This article maps a significant area of contribution to (and control of) deliberative democratic systems: human rights enacted in law. Thus it takes up John Dryzek’s call for ‘close study of actual deliberative systems in the terms that theorists specify’. The article shows how the theory and practice of legal rights often provide a good fit with, and sometimes help to elaborate and advance, aspects of systemic deliberative democratic theory. One rationale for presenting a more detailed legal map of deliberative systems is descriptive: to look more comprehensively at the set of participants and activities within such systems. Yet the project may also be framed as normative. To try to ensure that legal rights do not displace, but rather align with, systemic deliberative democracy, courts and other legal actors may engage in what the article terms (pace John Hart Ely) ‘deliberative system reinforcement’.

Rule of Law in India

2018 ◽  
Author(s):  
Harish Narasappa
Keyword(s):  
Human Rights ◽  
Dispute Resolution ◽  
Rule Of Law ◽  
Theory And Practice ◽  
The Rule Of Law ◽  
Social Challenges ◽  
Application Of Law ◽  
Primary Element ◽  
The Status ◽  
Dispute Resolution Mechanism

Rule of law is the foundation of modern democracies. It envisages, inter alia, participatory lawmaking, just and certain laws, a bouquet of human rights, certainty and equality in the application of law, accountability to law, an impartial and non-arbitrary government, and an accessible and fair dispute resolution mechanism. This work’s primary goal is to understand and explain the obvious dichotomy that exists between theory and practice in India’s rule of law structure. The book discusses the contours of the rule of law in India, the values and aspirations in its evolution, and its meaning as understood by the various institutions, identifying reason as the primary element in the rule of law mechanism. It later examines the institutional, political, and social challenges to the concepts of equality and certainty, through which it evaluates the status of the rule of law in India.

scholarly journals Thinking Systemically About Transitional Justice, Legal Systems, and Resilience

2021 ◽  
pp. 530-550
Author(s):  
Janine Natalya Clark
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
Theory And Practice ◽  
Legal Systems ◽  
Social Environments ◽  
Human Rights Abuses ◽  
Resilience Thinking ◽  
Systemic Impact ◽  
Resilience Framework ◽  
The Impact

Transitional justice refers to the set of judicial and non-judicial processes that societies may use to deal with legacies of past human rights abuses and atrocities. While the field is rapidly expanding, to date there are almost no systematic analyses of transitional justice within a resilience framework, or vice versa. The purpose of this chapter is to address that gap and to demonstrate why resilience is highly relevant for transitional justice theory and practice. It argues that resilience thinking can enhance the impact of transitional justice on the ground, by contributing to the development of more ecological approaches to dealing with the past that locate individuals within their broader social environments. The chapter also reflects on the conceptual and empirical utility of resilience as a concept that opens up a space for analyzing the wider societal and systemic impact of legal systems more generally.

scholarly journals Study of professional and emotional burnout in foreign psychological-pedagogical theory and practice

2020 ◽  
Author(s):  
Behun-Trachuk Larysa
Keyword(s):  
Human Rights ◽  
Social Activity ◽  
Theory And Practice ◽  
Empirical Methods ◽  
Professional Stress ◽  
Methodological Problems ◽  
Main Factors ◽  
Pedagogical Theory ◽  
Emotional Burnout

One of the acute problems in modern psychological and pedagogical theory and practice is the problem of emotional burnout of pedagogical workers In the process of studying emotional burnout, we first of all encounter with such general methodological problems, such as: the need to take into account all the main factors that are important for the emergence and formation of emotional burnout in a specialist, with the fact of variability of the main symptoms of emotional burnout at different stages of its formation (changes in thinking, behavior, feelings and health); taking into account probable moments in the development and formation of emotional burnout, etc. In our opinion, the following approaches can be solved by solving common methodological problems: interdisciplinary, systemic, empirical, personal-social-activity, situational. The article uses a complex of theoretical and empirical methods of analysis, systemization and generalization. Scientific understanding of foreign experience in studying the phenomenon of burnout, allowed to determine the degree of negativity of long-term professional stress, emotionally charged conditions of concert and stage activities and a large number of unforeseen situations of artistic and pedagogical interaction as a determinant of psychophysical burnout, emotional and intellectual I am a specialist. Thus, the approaches analysed in this article to the study of “emotional burnout” show that burnout manifests itself in various spheres of personality (cognitive, motivational, human rights to work), and there is a connection between burnout and exacerbation in all these areas, it seems to us important. Further research requires the development of technologies to overcome the syndrome identified by Ukrainian scientists.

Two regimes of the symbolic: radical democracy between Romanticism and structuralism

2019 ◽  
pp. 77-88
Author(s):  
Warren Breckman
Keyword(s):  
Twentieth Century ◽  
Political Theory ◽  
Democratic Theory ◽  
Radical Democracy ◽  
Theory And Practice ◽  
German Romanticism ◽  
Linguistic Turn ◽  
Ernesto Laclau ◽  
Constructed Dialogue ◽  
History Of

The ‘symbolic’ has found its way into the heart of contemporary radical democratic theory. When one encounters this term in major theorists such as Ernesto Laclau and Slavoj Žižek, our first impulse is to trace its genealogy to the offspring of the linguistic turn, structuralism and poststructuralism. This paper seeks to expose the deeper history of the symbolic in the legacy of Romanticism. It argues that crucial to the concept of the symbolic is a polyvalence that was first theorized in German Romanticism. The linguistic turn that so marked the twentieth century tended to suppress this polyvalence, but it has returned as a crucial dimension of contemporary radical political theory and practice. At stake is more than a recovery of historical depth. Through a constructed dialogue between Romanticism and the thought of both Žižek and Laclau, the paper seeks to provide a sharper appreciation of the resources of the concept of the symbolic.

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