A Human Rights Debate on Physical Security, Political Liberty, and the Confucian Tradition

Dao ◽  
2014 ◽  
Vol 13 (4) ◽  
pp. 567-588 ◽  
Author(s):  
Benedict S. B. Chan
2010 ◽  
Vol 9 (1) ◽  
pp. 87-117 ◽  
Author(s):  
Jiyoung Song

AbstractFor the past decade, the author has examined North Korean primary public documents and concludes that there have been changes of identities and ideas in the public discourse of human rights in the DPRK: from strong post-colonialism to Marxism-Leninism, from there to the creation of Juche as the state ideology and finally 'our style' socialism. This paper explains the background to Kim Jong Il's 'our style' human rights in North Korea: his broader framework, 'our style' socialism, with its two supporting ideational mechanisms, named 'virtuous politics' and 'military-first politics'. It analyses how some of these characteristics have disappeared while others have been reinforced over time. Marxism has significantly withered away since the end of the Cold War, and communism was finally deleted from the latest 2009 amended Socialist Constitution, whereas the concept of sovereignty has been strengthened and the language of duties has been actively employed by the authority almost as a relapse to the feudal Confucian tradition. The paper also includes some first-hand accounts from North Korean defectors interviewed in South Korea in October–December 2008. They show the perception of ordinary North Koreans on the ideas of human rights.


2010 ◽  
Vol 59 (3) ◽  
pp. 543-570 ◽  
Author(s):  
James Spigelman

AbstractFreedom from fear, expressly recognized in the foundational human rights treaties, has been forgotten in human rights discourse. Fear can have profound behavioural impacts. Without recognition of the importance of freedom from fear, the fulfilment of many human rights is compromised, particularly physical security. Politico-legal thought, from Montesquieu and Blackstone, has long identified the significance of security of the person and the tension between liberty and security. Comparative exploration of contemporary case law reveals disparate approaches to the recognition of security of the person as an individual right which the State is obliged to protect. Increasing the salience of security of the person and the dimension of freedom from fear in human rights decision making raises the difficult issue of balancing conflicting rights.


Author(s):  
David Harris ◽  
Michael O’Boyle ◽  
Ed Bates ◽  
Carla Buckley

This chapter discusses Article 5 of the European Convention on Human Rights, which protects the ‘right to liberty and security of person’. The notion of ‘liberty’ here covers the physical liberty of the person, which the Court views alongside Articles 2, 3, and 4 as ‘in the first rank of the fundamental rights that protect the physical security of an individual’. All kinds of detention by the state are controlled by Article 5, including detention in the criminal process, detention of the mentally disabled and detention prior to extradition or deportation.


2014 ◽  
Vol 24 (4) ◽  
pp. 565-594 ◽  
Author(s):  
Tae Wan Kim

ABSTRACT:In this article I inquire into Confucian ethics from a non-ideal stance investigating the complex interaction between Confucian ideals and the reality of the modern workplace. I contend that even Confucian workers who regularly engage in social rites at the workplace have an internal, Confucian reason to appreciate the value of rights at the workplace. I explain, from a Confucian non-ideal perspective, why I disagree with the presumptuous idea that labor (or workplace) rights are necessarily incompatible with Confucian ideals and values. Specifically, I argue that if managers were “sages,” the highest moral exemplars and authorities in the Confucian tradition, they would perceive that social rituals alone are often not a contextually intelligent and valued response for the development of intimate communities in the modern workplace. The sage perspective will lead Confucian managers to realize, from their own moral perspective, that they have good reason to balance rites with rights, so long as the adoption is extrinsically valuable and consistent with the Confucian ideal. This article contributes to the debates about Confucianism's compatibility with rights, helps Western human rights scholars better contextualize their arguments in Confucianism-influenced cultures, and contributes to the development of a Confucian or Chinese approach to business ethics.


2019 ◽  
Vol 3 (2) ◽  
pp. 43
Author(s):  
Yujie Liu ◽  
Liuyi Yang

With the development of education and the society revolution, in the last few years, the word “freedom” has been discussed intensely, and the debates on some items like human rights, racial discrimination and political liberty have never stopped. At the same time, the discussion of freedom in the feld of education is also rising. This article quotes Lynda Barry and John Taylor Gatto’s paper, clearly analyzing the effect of compulsory education through 3 aspects: national identity, creative approach and personal psychology.


2009 ◽  
Author(s):  
Ramesh Kumar Tiwari
Keyword(s):  

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