scholarly journals Responsibility and Rights

2019 ◽  
Vol 20 (4) ◽  
pp. 449-467
Author(s):  
Sergio Dellavalle

AbstractA new era of responsibility seems poised to overshadow the human rights discourse in international law. On the one hand, introducing the perspective of responsibility must result in an added value when compared to the former predominant approach. In fact, some justifications are inconsistent, and the most radical interpretations jeopardize the very core of the modern theory of social and legal order—namely, the centrality of the individual. On the other hand, the incorporation of responsibility into the discourse on rights may help to overcome some of its most evident shortcomings. Nonetheless, despite some positive outcomes which the new attention on responsibility may bring about, the concept is flawed by at least two major deficits. First, the reference to responsibility tends to presuppose the possibility of taking the position of a privileged observer. This implicitly rejects the idea that the moral and legal community is essentially constituted by human individuals who freely recognize each other as equal members and rightful holders of entitlements. The second deficit is instead related to the intrinsically particularistic character of responsibility, which makes it rather difficult to apply to the field of international law and relations. An analysis shows that we are confronted with a conflict: while responsibility can, in fact, be assumed to bring an added value, the costs for this are exceedingly high, because they amount to no less than the abandonment of the core concept of modern moral and political philosophy. By recurring to the communicative paradigm of rationality and social order, a possible solution is outlined according to which responsibility is reinterpreted in the sense of a time, space, composition, and content-related expansion of mutual recognition.

Author(s):  
Duangui Wang

Formulation of the problem. In the chamber-vocal genre, the composer exists in two images: he is both the interpreter of the poetic composition and the author of a new synthetic music and poetic composition. The experience of the style analysis of one of the best examples of Ukrainian vocal lyrics of the first third of the 20th century shows that the cycle op. 20 characterizes the mature style of the composer, which was formed, on the one hand, under the influence of European Romanticism. On the other hand, the essence of the Ukrainian “branch” of the Western European song-romance (“solo-singing”) is revealed by the prominent national song-romance intonation, filled with not only a romantic worldview, but also with some personal sincerity, chastity, intimate involvement with the great in depth and simplicity poetry line, read from the individual position of the musician. The paradox is as follows. Although Pushkin’s poetry is embodied in a “holistic adequacy” (A. Khutorskaya), and the composer found the fullest semantic analogue of the poetic source, however, in terms of translating the text into the Ukrainian language, the musical semantics changes its intonation immanence, which naturally leads to inconsistency of the listeners’ position and ideas about the style of Russian romance. We are dealing with inter-specific literary translation: Pushkin’s discourse creates the Ukrainian romance style and system of figurative thinking. The purpose of the article is to reveal the principle of re-semantization of the intonation-figurative concept of the vocal composition by V. Kosenko (in the context of translating Pushkin’s poetry into the Ukrainian language) in light of the theory of interspecific art translation. Analysis of recent publications on the topic. Among the most recent studies of Ukrainian musicology, one should point out the dissertation by G. Khafizova (Kyiv, 2017), in which the theory of modelling of the stylistic system of the vocal composition as an expression of Pushkin’s discourse is described. The basis for the further stylistic analysis of V. Kosenko’s compositions is the points from A. Hutorska’s candidate’s thesis; she develops the theory of interspecific art translation. The types of translation of poetry into music are classified according to two parameters. The exact translation creates integral adequacy, which involves the composer’s finding a maximally full semantic analogue of the poetic source. The free translation is characterized by compensatory, fragmentary, generalized-genre adequacy. Presenting the main material. The Zhitomir period for Viktor Kosenko was the time of the formation of his creative style. Alongside the lyrical imagery line, the composer acquired one more – dramatic, after his mother’s death. It is possible that the romances on the poems of A. Pushkin are more late reflection of this tragic experience (op. 20 was created in 1930). “I Loved You” opens the vocal cycle and has been dedicated by A. V. Kosenko. The short piano introduction contains the intonation emblem of the love-feeling wave. The form of the composition is a two part reprising (А А1) with the piano Introduction and Postlude. The semantic culmination is emphasized by the change of metro-rhythmic organization 5/4 (instead of 4) and the plastic phrase “as I wish, that the other will love you” sounding in the text. Due to these melodies (with national segments in melo-types, rhythm formulas and harmony) V. Kosenko should be considered as “Ukrainian Glinka”, the composer who introduced new forms and “figures” of the love language into the romantic “intonation dictionary”. In general, V. Kosenko’s solo-singing represents the Ukrainian analogue of Pushkin’s discourse – the theme of love. The melos of vocal piece “I Lived through My Desires” is remembered by the broad breath, bright expression of the syntactic deployment of emotion. On the background of bass ostinato, the song intonation acquires a noble courage. This solo-singing most intermediately appeal to the typical examples of the urban romance of Russian culture of the 19th century. “The Raven to the Raven” – a Scottish folk ballad in the translation by A. Pushkin. V. Kosenko as a profound psychologist, delicately transmits the techniques of versification, following each movement of a poetic phrase, builds stages of the musical drama by purely intonation means. The semantics of a death is embodied through the sound imaging of a black bird: a marching-like tempo and rhythm of the accompaniment, with a characteristic dotted pattern in a descending motion (like a raven is beating its wings). The middle section is dominated by a slow-motion perception of time space (Andante), meditative “freeze” (size 6/4). The melody contrasts with the previous section, its profile is built on the principle of descending move: from “h1” to “h” of the small octave (with a stop on S-harmony), which creates a psychologically immersed state, filled by premonition of an unexpected tragedy. In general, the Ukrainian melodic intonation intensified the tragic content of the ballad by Pushkin. The musical semantics of V. Kosenko’s romances is marked by the dependence on the romantic “musical vocabulary”, however, it is possible to indicate and national characteristics (ascending little-sixth and fifth intervals, which is filled with a gradual anti-movement; syllabic tonic versification, and other). Conclusion. The romances (“solo-singings”) by V. Kosenko belongs to the type of a free art translation with generalized-genre adequacy. There is a re-semantization of poetic images due to the national-mental intonation. Melos, rhythm, textural presentation (repetitions), stylization of different genre formulas testify to the rare beauty of Kosenko’s vocal style, spiritual strength and maturity of the master of Ukrainian vocal culture. Entering the “Slavic song area”, the style of Ukrainian romance, however, is differenced from the Russian and common European style system of figurative and intonation thinking (the picture of the world).


Author(s):  
Goodwin-Gill Guy S ◽  
McAdam Jane ◽  
Dunlop Emma

This chapter provides an overview of the refugee in international law. The refugee in international law occupies a legal space characterized, on the one hand, by the principle of State sovereignty and the related principles of territorial supremacy and self-preservation and, on the other hand, by competing humanitarian principles deriving from general international law and from treaty. Refugee law nevertheless remains an incomplete legal regime of protection, imperfectly covering what ought to be a situation of exception. It goes some way to alleviate the plight of those affected by breaches of human rights standards or by the collapse of an existing social order in the wake of revolution, civil strife, aggression, or disaster; but it is incomplete so far as refugees and asylum seekers may still be denied even temporary protection, safe return to their homes, or compensation. The international legal status of the refugee necessarily imports certain legal consequences, the most important of which is the obligation of States to respect the principle of non-refoulement through time.


Author(s):  
Fiorenza Manzalini

This paper focuses on the entry Fondation, compiled by Anne-Robert-Jacques Turgot and published in 1757 in the Encyclopédie. Turgot analyzes the phenome-non of fondations from the socio-economic point of view. In order to assess whether these ancient institutions were suitable for a society moving towards modernity, he uses public utility as the sole criterion of assessment. According to Turgot, the fondations were an obstacle to free enterprise and free market, as on the one hand they accumulated and immobilized capital by subtracting it from productive and profitable investments and, on the other hand, they provided assis-tance and charity without adequate labour promotion by encouraging idleness. Also for these reasons Turgot is in favour of the suppression of these ancient institutions and he prefers the figure of the individual, active and responsible, or free associations of individuals. However, Turgot's attack on fondations seems only one aspect of his broader criticism of all the institutions that were supporting the ancient social order.


2007 ◽  
Vol 20 (1) ◽  
pp. 25-64 ◽  
Author(s):  
JANNE E. NIJMAN

The enquiry into international legal personality in the following article is both descriptive and prescriptive in nature. On the one hand, the phenomenon of the (legal) subject is described and explained, in order to offer a better reflection on, and analysis of, its existence. This holds for both the individual and the (so central to international law) collective subject. On the other hand, our attempt at reconceptualization has a clear normative aspect. Reconstructing (international) legal personality on the basis of anthropology and ethics as an inextricable part of the identity of a person results in a conception of (international) law as justice. And this means that international legal personality reconceptualized along the lines suggested in this paper functions to develop just international institutions and just international law.


Human Affairs ◽  
2007 ◽  
Vol 17 (1) ◽  
Author(s):  
Ladislav Hohoš

Globalization and a Normative Framework of FreedomThe author considers the question of whether or even what normative structure of social order is able to encourage the advancement of the measure of positive liberty in the process of globalization. Related to this is the issue of the insufficiency of guarantees provided by orthodox liberalism for human self-determination. The author considers possible scenarios as to the way in which an elite cosmopolitan minority, profiting from globalization and feeling no responsibility for the majority left to its own fate, would pursue its own interests. The ideas of Ralf Dahrendorf concerning the global rule of law in the name of freedom and the need for international law are referred to. Globalization is occurring just as Marx intuitively predicted: capitalism becomes the bearer of hidden immanent self-destructive mechanisms. In conclusion, the author's hypothesis is that the new era of law in the 21


2019 ◽  
Vol 14 (1) ◽  
pp. 49-68
Author(s):  
Adam Chmielewski

The aim of this paper is to submit the doctrine of methodological individualism to a reconsideration from the point of view of the arguments formulated by contemporary communitarian philosophy. I propose to approach the opposition between the individual and the community, constitutive for the liberal– communitarian debate, by means of two concepts, i.e. those of recognition and order. I argue that for the individualists a social order emerges through a process of mutual recognition of the pre-existing individuals and their interests, while the communitarians claim that the task of individuals is to recognize values and norms of a pre-existing social order which is to become their own. The difference between them thus resides primarily in the ontological distinction between the respective objects of these two divergent concepts of recognition. The argument is developed through an analysis of David Hume’s concept of the individual. In opposition to some communitarian claims, I maintain that his approach may be interpreted as an antecedent of the communitarian views on the subject. I also outline a view of moral rules as neither universal, absolutist, nor purely emotivist in character, but as social constructions endowed with the status of “contingent permanence.”


2019 ◽  
Vol 11 (3) ◽  
pp. 241-263 ◽  
Author(s):  
Janis Grzybowski

AbstractThe literature on de facto states challenges the conventional identification of states by legal recognition, proposing to identify states based on their effectiveness instead. Yet, as I argue in this paper, rather than turning the tables on recognition, the de facto state challenge ultimately reveals all state identification in International Relations and international law to be essentially indeterminate. This lacuna, I suggest, is not an accidental omission, but an expression of the foundational paradox of modern political order that is rooted in the intertwined ontology of the state system and the individual states constituting it, with each presupposing the other. As a result, the opposition between empirical facts, political decisions, and legal norms invoked in attempts to identify states cannot but remain irresolvable. This should not be regarded as a problem to be overcome, however, but as a source of social order. Although states cannot be substantively identified, any effort to do so in practice naturalizes the state as the very form through which we articulate and shape political claims, conflicts, and settlements. In performatively enacting states precisely at the contested margins, state identification thus both invokes and (re-)produces the statist international as the central imaginary of modern political order.


2020 ◽  
pp. 253-262
Author(s):  
Maria Jelda Doria

The study presents the freedom of the arts and sciences and the principles regarding the protection of intellectual property, and it is aimed at analyzing the complex balance between the former and the latter. In order to thoroughly understand this relationship, it is first necessary to clarify what the two elements of this balance are: on the one hand, the freedom of the arts and sciences, which is intimately related to the individual right to access to scientific, artistic and cultural developments, and, on the other, intellectual property regimes. Secondly, it is essential to examine the possible interferences of the protection of one of the two elements under discussion on the other element. Finally, it is fundamental to discuss how different jurisdictions have approached this issue. The whole contribution is conducted in a Comparative and International Law perspective: Italian, European and International Law will be examined. Besides, there will be some interesting hints about the solutions adopted in the US legal system, which are particularly interesting.


1923 ◽  
Vol 17 (3) ◽  
pp. 404-414 ◽  
Author(s):  
Baron S. A. Korff

One of the most difficult problems of modern political science is that of sovereignty. The commonly accepted theory contains many elements that seem to be in obvious contradiction to our ideals of democracy; some of them do not fit into the present-day conception of state and government, while others are plain remnants of feudalism and autocracy. One should keep in mind, however, that it is not only a purely theoretical problem closely associated with the general idea of the state, but that it is also an eminently practical one, as it necessarily involves the political question of limitations on the state's powers. Those limitations are of equal importance internally, in the relations between state and citizen, and externally, in the domain of international law.As often happens in cases where political questions are involved, the theory of sovereignty has two extreme wings of proponents. On the one hand there are theorists who defend an all-powerful state and make of the idea of sovereignty the emblem and symbol of the all-powerful state authority. On the other hand, there have appeared recently many writers, who believe that dangers lurk in the views of the first-mentioned school and who are loath to admit that any power, state or personal, may be unlimited; they distrust the theory of sovereignty, because of its association with unlimited power; consequently, they deny the existence of sovereignty altogether, asserting that it has no place whatever in the modern theory of the state.


Author(s):  
Andri Setyorini ◽  
Niken Setyaningrum

Background: Elderly is the final stage of the human life cycle, that is part of the inevitable life process and will be experienced by every individual. At this stage the individual undergoes many changes both physically and mentally, especially setbacks in various functions and abilities he once had. Preliminary study in Social House Tresna Wreda Yogyakarta Budhi Luhur Units there are 16 elderly who experience physical immobilization. In the social house has done various activities for the elderly are still active, but the elderly who experienced muscle weakness is not able to follow the exercise, so it needs to do ROM (Range Of Motion) exercise.   Objective: The general purpose of this research is to know the effect of Range Of Motion (ROM) Active Assitif training to increase the range of motion of joints in elderly who experience physical immobility at Social House of Tresna Werdha Yogyakarta unit Budhi Luhur.   Methode: This study was included in the type of pre-experiment, using the One Group Pretest Posttest design in which the range of motion of the joints before (pretest) and posttest (ROM) was performed  ROM. Subjects in this study were all elderly with impaired physical mobility in Social House Tresna Wreda Yogyakarta Unit Budhi Luhur a number of 14 elderly people. Data analysis in this research use paired sample t-test statistic  Result: The result of this research shows that there is influence of ROM (Range of Motion) Active training to increase of range of motion of joints in elderly who experience physical immobility at Social House Tresna Wredha Yogyakarta Unit Budhi Luhur.  Conclusion: There is influence of ROM (Range of Motion) Active training to increase of range of motion of joints in elderly who experience physical immobility at Social House Tresna Wredha Yogyakarta Unit Budhi Luhur.


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