scholarly journals Minimalism, Determinacy, and Human Rights

2021 ◽  
Vol 34 (1) ◽  
pp. 149-169
Author(s):  
Robert Mark Simpson
Keyword(s):  
Human Rights ◽  
Good Life ◽  
Limited Range ◽  
Ethical Concerns

According to a widely-shared view, human rights encompass a very limited range of ethical concerns: not all human interests, only urgent interests;1 not our preferences, only our needs;2 not all wrongs, only severe injustices;3 not a good life in the fullest sense, but only a minimally decent or autonomous life.4 In short, human rights are not about realizing the best, they are about shielding us from the worst. I will call this general theoretical stance Minimalism.

scholarly journals Freedom and The Role of The Press on Law Enforcement Reviewed in The Perspective of Law Number: 40 Of 1999, Concerning The Press

2021 ◽  
Vol 1 (3) ◽  
Author(s):  
Satino Satino ◽  
Yuliana Yuli W ◽  
Iswahyuni Adil
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Good Life ◽  
Public Information ◽  
Press Freedom ◽  
Freedom Of The Press ◽  
The Public ◽  
The Press ◽  
The Republic

Law Number 40 of 1999 concerning the Press is one of the legal regulations that have a role in efforts to realize a good life together. The struggle of the Indonesian press to achieve freedom was finally achieved after the enactment of Law Number 40 of 1999 concerning the Press. The purpose of this study is to find out how the freedom and role of the press in law enforcement are reviewed from the perspective of Law Number 40 of 1999, concerning the press. This study uses a sociological juridical method, the results of research conducted on real facts in society with the intent and purpose of finding facts, then proceeding with finding problems, ultimately leading to problem identification and leading to problem solving. The results of the research include the press trying to carry out its functions, rights, obligations, and roles, so the press must respect the human rights of everyone. The press has an important role in realizing Human Rights (HAM), as guaranteed in the Decree of the People's Consultative Assembly of the Republic of Indonesia Number: XVII/MPR/1998. Based on the results of the research above, it is necessary to uphold the freedom of the press in conveying public information in an honest and balanced manner and that freedom of the press is not absolute for the press alone, but to guarantee the rights of the public to obtain information. what happened in the context of realizing press freedom as contained in Law/040/1999 concerning the Press.

Human Rights and the Minimally Good Life

2013 ◽  
Vol 90 (3) ◽  
pp. 413-438 ◽  
Author(s):  
Nicole Hassoun
Keyword(s):  
Human Rights ◽  
Good Life

scholarly journals Show Me The Money: Remedies under the Privacy Act

2005 ◽  
Vol 36 (3) ◽  
pp. 475
Author(s):  
Katrine Evans
Keyword(s):  
Human Rights ◽  
Limited Range ◽  
Punitive Damages ◽  
Low Level ◽  
Privacy Act ◽  
Tariff System

This article examines the remedies available for breaches of the Privacy Act 1993. The author first explores the limited range of options available to the Privacy Commissioner, and highlights the success of the low-level approach to resolving cases which is adopted in practice. The Human Rights Review Tribunal has formal remedial powers, including the award of damages and costs. Although a tariff system is not realistic in privacy cases, the Tribunal has given strong guidance on how questions about remedies, including damages, will be decided. The author is of the view that the Tribunal has no jurisdiction to grant punitive damages but that an amendment to the Act to allow for this would be valuable. Parties to complaints need to be aware that formal remedies are rare and remain measures of last resort.

Human Rights and Public Health Ethics

2019 ◽  
pp. 46-56
Author(s):  
S. Matthew Liao
Keyword(s):  
Public Health ◽  
Human Rights ◽  
Good Life ◽  
Basic Education ◽  
Public Health Ethics ◽  
Moral Justification ◽  
Human Right ◽  
Basic Health ◽  
Health Ethics ◽  
The Right

This chapter relates human rights to public health ethics and policies by discussing the nature and moral justification of human rights generally, and the right to health in particular. Which features of humanity ground human rights? To answer this question, as an alternative to agency and capabilities approaches, the chapter offers the “fundamental conditions approach,” according to which human rights protect the fundamental conditions for pursuing a good life. The fundamental conditions approach identifies “basic health”—the adequate functioning of the various parts of our organism needed for the development and exercise of the fundamental capacities—as the object of a human right. A human right to basic health entails human rights to the essential resources for promoting and maintaining basic health, including adequate nutrition, basic health care, and basic education. Dutybearers include every able person in appropriate circumstances, as well as governments and government agencies, private philanthropic foundations, and transnational corporations.

The U.S. Good Life, the UN World, and the Human Rights Record

2017 ◽  
Author(s):  
Crystal Parikh
Keyword(s):  
Human Rights ◽  
Good Life ◽  
Historical Overview ◽  
International Human Rights ◽  
American Century ◽  
Human Rights Regime ◽  
International Human ◽  
The U.S

The Introduction of Writing Human Rights provides a historical overview of the international and domestic postwar contexts in which an international human rights regime was established, as it distinguishes human rights from liberal humanitarianism. It focuses on Toni Morrison’s Beloved as a watershed novel for theorizing human rights at the end of the “American century.”

Introduction

2021 ◽  
pp. 1-8
Author(s):  
Tamar Schapiro
Keyword(s):  
Good Life ◽  
Ethical Concerns ◽  
False Dichotomy

This book grew out of ethical concerns. I was wondering, in a general way, how feelings fit into a good life. How, ideally, should we relate to our feelings, in the course of leading our lives? The rationalist tendency is to see feelings as influences that cloud our better judgment and lead us to betray our principles. The romantic tendency is to see them as expressions of our wisest, most authentic selves. Now, this might be a false dichotomy. But even if it is, what sort of argument could justify that conclusion?...

The Reagan Reinvention

2020 ◽  
pp. 205-248
Author(s):  
Vanessa Walker
Keyword(s):  
Human Rights ◽  
Cold War ◽  
Reagan Administration ◽  
The United States ◽  
Limited Range ◽  
First Year ◽  
Political Rights ◽  
Military Aid ◽  
Policy Shift ◽  
The Cold War

This chapter examines the dramatic reinvention of U.S. human rights policy during Reagan's first year in office. The Carter administration pursued human rights as a corrective to U.S. interventionist legacies, emphasizing pluralism and eschewing regime change. The Reagan administration, in contrast, aggressively promoted human rights within a reinvigorated but narrow Cold War framework. This construction, championing a limited range of civil and political rights, downplayed the human rights violations of pro-American governments, focusing instead on what it considered the much greater moral flaws and violations of communist regimes. The Cold War framing of human rights under Reagan empowered a pairing of military power and moral values, leading the United States to not only not limit arms sales to governments but also recast military aid as a critical aspect of both hemispheric defense against communism and the advancement of human rights. The chapter studies this policy shift in the Reagan administration's first year in regard to Chile and Argentina.

The Struggle for the Human Right to a Good Life for Everyone: Oscar Correas’s Legacy for the Crítica Jurídica Movement in Latin America

2021 ◽  
pp. 096466392199969
Author(s):  
Mauro Cristeche ◽  
Cesar Villena
Keyword(s):  
Human Rights ◽  
Latin America ◽  
Good Life ◽  
Special Focus ◽  
Critical Perspective ◽  
Human Right ◽  
Critical Studies ◽  
The Law

Oscar Correas has been one of the promoters and main references of the Crítica Jurídica movement in Latin America due to his theoretical contributions and his permanent activism to develop the movement. In this paper, we firstly review his vast academic and intellectual career, and then we go through and analyse some of Correas’s main contributions to the study of the law and the Marxist thought. Special focus will be given to: (a) his approach to Marx’s works and its extension to the analysis of modern law; (b) his understanding of Hans Kelsen’s theory; and (c) Correas’s critical contributions to the debate on human rights. We aim to highlight the originality and wit of Oscar Correas’s work, and its importance for the development of the legal critical studies and debates on legal and human rights challenges from a critical perspective.

scholarly journals Religious Law in the Service of Human Rights?

2021 ◽  
Vol 7 (1) ◽  
pp. 155-187
Author(s):  
Wiebke Greeff
Keyword(s):  
Human Rights ◽  
Good Life ◽  
Islamic Law ◽  
Constitutional Court ◽  
International Human Rights ◽  
Religious Law ◽  
International Human ◽  
Human Rights Standards ◽  
Better Than ◽  
Governmental Action

Abstract During the 1990s, a period representing the peak of often novel interpretations in human rights litigation by the judges of the Egyptian Supreme Constitutional Court, Egypt’s human rights performance was better than in other Islamic states sharing a commitment to the supremacy of Shari’a law. This article argues that there is a gap between the dogmatic assertion of the communal good life defined in traditional Islamic terms and the reality of governance usually at odds with these stipulations. The peculiar practice of the Egyptian Supreme Constitutional Court in the 1990s highlighted two crucial, related questions: first, was it in principle possible to narrow that gap and align governmental action to rules derived from scripture? Second, does the highly fragmented and inconsistent character of classical Islamic law offer advantages in its adaptation to modernity? This article claims that the relative progress towards compliance with international human rights standards was due to progressive and strategically litigating judges, who used Islamic law opportunistically rather than dogmatically.

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