scholarly journals Consent, Contestability, and Unions

2018 ◽  
Vol 29 (2) ◽  
pp. 189-211 ◽  
Author(s):  
Lars Lindblom
Keyword(s):  
Separation Of Powers ◽  
Incomplete Contracts ◽  
Employment Contracts ◽  
Starting Point ◽  
Normative Justification ◽  
Consent Theory

ABSTRACT:This article provides a normative justification for unions. It discusses three arguments. The argument from consent justifies unions in some circumstances, but if the employer prefers to not bargain with unions, it may provide very little justification. The argument from contestability takes as its starting point the fact that employment contracts are incomplete contracts, where authority takes the place of complete contractual terms. This theory of contracts implies that consent to authority has been given under ignorance, and, therefore, that authority cannot be justified by consent. Contestability is a mechanism that can handle this problem for consent theory. It demands transparency, channels for voice, and a forum where contestations can be evaluated. This idea can be implemented in firms in different ways, but the argument from the separation of powers implies that unions are uniquely suited to implement contestability, since they are organized outside of the employer’s domain of authority.

Realising immigration as a human right: public justification and cosmopolitan solidarity

2021 ◽  
pp. 136843102098713
Author(s):  
David Martínez ◽  
Alexander Elliott
Keyword(s):  
Public Sphere ◽  
Social Theory ◽  
Public Justification ◽  
Human Right ◽  
National State ◽  
The Public ◽  
Starting Point ◽  
Legal Structures ◽  
The Right ◽  
Normative Justification

According to David Miller, immigration is not a human right. Conversely, Kieran Oberman makes a case for immigration as a human right. We agree with the latter view, but we show that its starting point is mistaken. Indeed, both Miller and Oberman discuss the right to immigration within the liberal paradigm: it is a right or not depending on the correct balance between the interests of the citizens of a given national state and the interests of the immigrants. Instead, we claim that public justification can underpin immigration as a human right. That said, the public justification of the right to immigration has several counterarguments to rebut. Before we deal with that issue, relying on Jürgen Habermas’s social theory, we examine the legal structures that could support the right to immigration in practice. To be sure, this does not provide the normative justification needed, instead it shows the framework that allows the institutional realization of this right. Then, through a combination of civic and cosmopolitan forms of solidarity, the article discusses the formation of a public sphere, which could provide the justification of the right to immigration.

scholarly journals ‘Enemies of the People’? The Judiciary and Claude Lefort’s ‘Savage Democracy’

2020 ◽  
pp. 27-42
Author(s):  
Panu Minkkinen
Keyword(s):  
Human Rights ◽  
Relative Position ◽  
Separation Of Powers ◽  
Theoretical Framework ◽  
The People ◽  
Rubber Stamp ◽  
Starting Point ◽  
Integral Element ◽  
The Relationship

The chapter attempts to, first, clarify the position of human rights in Claude Lefort's unique blend of phenomenologically and psychoanalytically inspired political theory. Human rights, and by extension rights more generally, are in this account an integral element of a 'savage democracy' that Lefort envisioned as the only plausible challenge to the totalitarian tendencies of neoliberalism. From this starting point, the chapter will then discuss the position of the judiciary in contemporary democracies. Standard accounts of the separation of powers reduce the courts' constitutional functions to the application and interpretation of laws issued by an elected legislator. But as the relationship between the legislator and the executive has changed, so, too, has the relative position of the judiciary. A strong executive as the engine of legislative initiatives, supported by a weak 'rubber-stamp' legislature, has highlighted the need to emphasise the democratic potential of the judiciary that goes beyond the 'deferential' role of standard accounts. The chapter will provide a theoretical framework for understanding this democratic role through Lefort's account of human rights.

Customary International Law: A Jurisprudential Analysis

1978 ◽  
Vol 13 (1) ◽  
pp. 86-102 ◽  
Author(s):  
Raphael M. Walden
Keyword(s):  
International Law ◽  
Customary Law ◽  
Customary International Law ◽  
Starting Point ◽  
Tacit Consent ◽  
Good Starting Point ◽  
Necessary Truths ◽  
Consent Theory

In a previous paper it was argued that neither the tacit consent theory nor the opinio juris theory were by themselves capable of explaining the nature of customary international law, although each of them does indeed stress an important aspect—the tacit consent theory that custom is a lawmaking process, and the opinio juris theory that there must be some difference between customary law and practices which do not express, or do not give rise to law. What has to be done is to reformulate these approaches in such a way as to preserve the insights of each, while avoiding their errors.A good starting point is the older tacit consent theories of the Civilians and Canonists, which were described in the previous paper. Their approach has the following characteristics:i) By “consent” they mean, not contractual consent, but simply the intention to create law; therefore—ii) they are able to admit that custom can bind individuals that have no part in its creation, even without their consent;iii) they consider that the rules of customary law are binding absolutely, and not merely on a reciprocal basis; andiv) finally, these jurists show an awareness of the fact that the conditions which regulate the formation of customary law are themselves rules of law, rather than necessary truths that can be deduced from the nature of custom.

scholarly journals Disclosure of Financial Information - Are New Zealand Employees and Unions Missing Out?

1970 ◽  
Vol 21 (3) ◽  
Author(s):  
Judy Brown
Keyword(s):  
New Zealand ◽  
Industrial Relations ◽  
Relevant Information ◽  
The United States ◽  
Financial Information ◽  
Employment Contracts ◽  
Current Trends ◽  
Statutory Duty ◽  
Starting Point ◽  
Scant Attention

New Zealand policymakers have to date paid scant attention to the disclosure of financial information to employees and unions. However, there are signs this could change. Current trends under the Employment Contracts Act towards enterprise and productivity bargaining may well see access to financial information emerge as a domain of increasing interest and significance. The Labour Party's policies for industrial relations reform incorporate proposals for a good faith bargaining requirement, including a statutory duty to supply relevant information. Should any future government contemplate action on industrial democracy, this would also have implications for disclosure. This paper examines existing legislative requirements in the United States, United Kingdom and Europe. It is suggested that these provide a useful starting point for those interested in pursuing some New Zealand disclosure iniliatives and that so1ne valuable lessons can be drawn from overseas experiences.

The Capture of the Polish Constitutional Tribunal and Beyond: Of Institution(s), Fidelities and the Rule of Law in Flux

2018 ◽  
Vol 43 (2) ◽  
pp. 116-173 ◽  
Author(s):  
Tomasz Tadeusz Koncewicz
Keyword(s):  
Rule Of Law ◽  
Separation Of Powers ◽  
Judicial Independence ◽  
Constitutional Court ◽  
Right Wing ◽  
Constitutional Courts ◽  
The Rule Of Law ◽  
European Dimension ◽  
Starting Point ◽  
Constitutional Tribunal

History might have stopped for the Polish Constitutional Court in 2015–2016. After thirty years of building an impressive resume as one of the most influential and successful European constitutional courts and living proof of ‘the rule of law in action’, the Court has fallen under the relentless attack of a right-wing populist government and succumbed to it. This paper moves beyond the hitherto dominant perspective of ‘here and now’ and lawyers’ fixation on ‘the boat’, and instead focuses more on the journey and important lessons the journey might teach us and enhance the understanding of ‘our boat’. The Polish case (‘the boat’) is much more than just an isolated example of yet another government going rogue. An important European dimension colors what has transpired in Poland over the last twenty months. To understand what has happened in Poland and why, one has to take a longer view and revisit not only its 2004 accession, but also its 1989 constitutional moment. The constitutional debacle in Poland must be but a starting point for a more general analysis of the processes of the politics of resentment and constitutional capture that strike at core European principles of the rule of law, separation of powers and judicial independence.

Crystal structure images of large gold clusters and growing crystals by HRTEM

1984 ◽  
Vol 42 ◽  
pp. 428-429
Author(s):  
L.R. Wallenberg ◽  
J.-O. Bovin ◽  
G. Schmid
Keyword(s):  
Crystal Structure ◽  
Nucleation And Growth ◽  
Close Packing ◽  
Gold Clusters ◽  
Molecular Weight Determination ◽  
Growth Mechanisms ◽  
Starting Point ◽  
Different Types ◽  
Nucleation And Growth Mechanisms ◽  
Points Of View

Metallic clusters are interesting from various points of view, e.g. as a mean of spreading expensive catalysts on a support, or following heterogeneous and homogeneous catalytic events. It is also possible to study nucleation and growth mechanisms for crystals with the cluster as known starting point.Gold-clusters containing 55 atoms were manufactured by reducing (C6H5)3PAuCl with B2H6 in benzene. The chemical composition was found to be Au9.2[P(C6H5)3]2Cl. Molecular-weight determination by means of an ultracentrifuge gave the formula Au55[P(C6H5)3]Cl6 A model was proposed from Mössbauer spectra by Schmid et al. with cubic close-packing of the 55 gold atoms in a cubeoctahedron as shown in Fig 1. The cluster is almost completely isolated from the surroundings by the twelve triphenylphosphane groups situated in each corner, and the chlorine atoms on the centre of the 3x3 square surfaces. This gives four groups of gold atoms, depending on the different types of surrounding.

Two isoprenylated flavonoids from Dorstenia psilurus activate AMPK, stimulate glucose uptake, inhibit glucose production and lower glycemia

2019 ◽  
Vol 476 (24) ◽  
pp. 3687-3704 ◽  
Author(s):  
Aphrodite T. Choumessi ◽  
Manuel Johanns ◽  
Claire Beaufay ◽  
Marie-France Herent ◽  
Vincent Stroobant ◽  
...  
Keyword(s):  
Glucose Uptake ◽  
Human Cancer ◽  
Glucose Production ◽  
Liver Mitochondria ◽  
New Drugs ◽  
Structural Isomer ◽  
Rat Liver Mitochondria ◽  
Ionization Mass ◽  
Ampk Activation ◽  
Starting Point

Root extracts of a Cameroon medicinal plant, Dorstenia psilurus, were purified by screening for AMP-activated protein kinase (AMPK) activation in incubated mouse embryo fibroblasts (MEFs). Two isoprenylated flavones that activated AMPK were isolated. Compound 1 was identified as artelasticin by high-resolution electrospray ionization mass spectrometry and 2D-NMR while its structural isomer, compound 2, was isolated for the first time and differed only by the position of one double bond on one isoprenyl substituent. Treatment of MEFs with purified compound 1 or compound 2 led to rapid and robust AMPK activation at low micromolar concentrations and increased the intracellular AMP:ATP ratio. In oxygen consumption experiments on isolated rat liver mitochondria, compound 1 and compound 2 inhibited complex II of the electron transport chain and in freeze–thawed mitochondria succinate dehydrogenase was inhibited. In incubated rat skeletal muscles, both compounds activated AMPK and stimulated glucose uptake. Moreover, these effects were lost in muscles pre-incubated with AMPK inhibitor SBI-0206965, suggesting AMPK dependency. Incubation of mouse hepatocytes with compound 1 or compound 2 led to AMPK activation, but glucose production was decreased in hepatocytes from both wild-type and AMPKβ1−/− mice, suggesting that this effect was not AMPK-dependent. However, when administered intraperitoneally to high-fat diet-induced insulin-resistant mice, compound 1 and compound 2 had blood glucose-lowering effects. In addition, compound 1 and compound 2 reduced the viability of several human cancer cells in culture. The flavonoids we have identified could be a starting point for the development of new drugs to treat type 2 diabetes.

Overview of Current Approaches to Aural Rehabilitation for Adults With Cochlear Implants

2020 ◽  
Vol 5 (5) ◽  
pp. 1175-1187
Author(s):  
Rachel Glade ◽  
Erin Taylor ◽  
Deborah S. Culbertson ◽  
Christin Ray
Keyword(s):  
Health Care ◽  
Clinical Practice ◽  
Cochlear Implants ◽  
Practice Patterns ◽  
The United States ◽  
Care Providers ◽  
Aural Rehabilitation ◽  
Starting Point ◽  
Clinical Models ◽  
Hearing Health

Purpose This clinical focus article provides an overview of clinical models currently being used for the provision of comprehensive aural rehabilitation (AR) for adults with cochlear implants (CIs) in the Unites States. Method Clinical AR models utilized by hearing health care providers from nine clinics across the United States were discussed with regard to interprofessional AR practice patterns in the adult CI population. The clinical models were presented in the context of existing knowledge and gaps in the literature. Future directions were proposed for optimizing the provision of AR for the adult CI patient population. Findings/Conclusions There is a general agreement that AR is an integral part of hearing health care for adults with CIs. While the provision of AR is feasible in different clinical practice settings, service delivery models are variable across hearing health care professionals and settings. AR may include interprofessional collaboration among surgeons, audiologists, and speech-language pathologists with varying roles based on the characteristics of a particular setting. Despite various existing barriers, the clinical practice patterns identified here provide a starting point toward a more standard approach to comprehensive AR for adults with CIs.

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