The Other T. H. Marshall

1995 ◽  
Vol 24 (3) ◽  
pp. 341-362 ◽  
Author(s):  
A. M. Rees
Keyword(s):  
The Other ◽  
The Political ◽  
Social Rights ◽  
Current Interest ◽  
Capitalist Class ◽  
Class System ◽  
The Right ◽  
Right To Welfare ◽  
National Membership ◽  
The Relationship

ABSTRACTThis article argues that the writings of T. H. Marshall contain not one, but two, theories of citizenship, and there is a problem about whether they are compatible with one another. The second, less familiar, theory is mainly developed in Marshall's later works, especially The Right to Welfare, but many of its essential features can be found in Citizenship and Social Class, although not in the sections of that work which are most frequently quoted. Several areas where Marshall's shifting views contributed to this second version of citizenship are discussed: citizenship as national membership and as a body of obligations, the reality of social rights, discretion versus enforceable entitlements, citizenship as a bearer of its own inequalities, the relationship with the capitalist class system. Increasingly, Marshall came to restrict citizenship to the political sphere, thereby endorsing a conventional liberal view: but then he was, it is argued, in many respects a pretty conventional liberal. The article concludes by noting the paradox that much of the current interest in Marshall's thought is because a ‘strong’ view of citizenship is attributed to him which he may never have held, and which he certainly relinquished towards the end of his writing career.

Fellow Creatures

2018 ◽  
Author(s):  
Christine M. Korsgaard
Keyword(s):  
The Other ◽  
Moral Standing ◽  
Human Beings ◽  
Good For ◽  
Treat All ◽  
The Right ◽  
The Relationship

This book argues that we are obligated to treat all sentient animals as “ends in themselves.” Drawing on a theory of the good derived from Aristotle, it offers an explanation of why animals are the sorts of beings who have a good. Drawing on a revised version of Kant’s argument for the value of humanity, it argues that rationality commits us to claiming the standing of ends in ourselves in two senses. As autonomous beings, we claim to be ends in ourselves when we claim the standing to make laws for ourselves and each other. As beings who have a good, we also claim to be ends in ourselves when we take the things that are good for us to be good absolutely and so worthy of pursuit. The first claim commits us to joining with other autonomous beings in relations of reciprocal moral lawmaking. The second claim commits us to treating the good of every sentient animal as something of absolute importance. The book also argues that human beings are not more important than, superior to, or better off than the other animals. It criticizes the “marginal cases” argument and advances a view of moral standing as attaching to the atemporal subjects of lives. It offers a non-utilitarian account of the relationship between the good and pleasure, and addresses questions about the badness of extinction and about whether we have the right to eat animals, experiment on them, make them work for us, and keep them as pets.

Economic and Social Rights, Budgets and the Convention on the Rights of the Child

2013 ◽  
Vol 21 (2) ◽  
pp. 248-277 ◽  
Author(s):  
Aoife Nolan
Keyword(s):  
Decision Making ◽  
Social Rights ◽  
Child Rights ◽  
Rights Of The Child ◽  
Budget Analysis ◽  
Key Issues ◽  
Significant Obstacle ◽  
The Right ◽  
The Relationship

Recent years have seen an explosion in methodologies for monitoring children’s economic and social rights (ESR). Key examples include the development of indicators, benchmarks, child rights-based budget analysis and child rights impact assessments. The Committee on the Right of the Child has praised such tools in its work and has actively promoted their usage. Troublingly, however, there are serious shortcomings in the Committee’s approach to the ESR standards enshrined in the UN Convention on the Rights of the Child (CRC), which threaten to impact upon the efficacy of such methodologies. This article argues that the Committee has failed to engage with the substantive obligations imposed by Article 4 and many of the specific ESR guaranteed in the CRC in sufficient depth. As a result, that body has not succeeded in outlining a coherent, comprehensive child rights-specific ESR framework. Using the example of child rights-based budget analysis, the author claims that this omission constitutes a significant obstacle to those seeking to evaluate the extent to which states have met their ESR-related obligations under the CRC. The article thus brings together and addresses key issues that have so far received only very limited critical academic attention, namely, children’s ESR under the CRC, the relationship between budgetary decision-making and the CRC, and child rights-based budget analysis.

A Constitution for a Nonstate

2014 ◽  
Vol 43 (2) ◽  
pp. 42-58
Author(s):  
Emilio Dabed
Keyword(s):  
The Other ◽  
The Political ◽  
Constitutional Order ◽  
Economic Context ◽  
Basic Law ◽  
History Of ◽  
The One ◽  
Constitutional Regime ◽  
The Relationship ◽  
Law Making

This article sheds new light on the political history of legal-constitutional developments in Palestine in the fourteen years following the Oslo Accord. It examines the relationship between the unfolding social, political, and economic context in which they arose, on the one hand, and PA law-making and legal praxis, on the other. Focusing on the evolution of the Palestinian Basic Law and constitutional regime, the author argues that the “Palestinian constitutional process” was a major “battlefield” for the actors of the Palestinian-Israeli conflict. Thus, changes in the actors' political strategies at various junctures were mirrored in legal-constitutional forms, specifically in the political structure of the PA. In that sense, the constitutional order can be understood as a sort of “metaphoric representation” of Palestinian politics, reflecting, among other things, the colonial nature of the Palestinian context that the Oslo process only rearticulated. This perspective is also essential for understanding the evolution of the Palestinian-Israeli conflict after Oslo.

Hell Disarmed? The Function of Hell in Reformation Spirituality

Numen ◽  
2009 ◽  
Vol 56 (2-3) ◽  
pp. 366-384 ◽  
Author(s):  
Tarald Rasmussen
Keyword(s):  
The Other ◽  
Protestant Reformation ◽  
Late Medieval ◽  
Ars Moriendi ◽  
Religious Importance ◽  
The One ◽  
The Right ◽  
The Relationship ◽  
Medieval Christianity

In Late Medieval Christianity, the concept of hell was closely connected to the sacrament of penance. Hell could be avoided through the right use of penance. And the cleansing sufferings in purgatory could to a certain extent replace the eternal sufferings in hell. The Protestant Reformation rejected purgatory, and returned to a traditional dualistic view of the relationship between heaven and hell. At the same time, hell seems to lose some of its religious importance in early Protestant spirituality. This change is illustrated through a comparison of two central texts belonging more or less to the same genre: on the one hand the famous Late Medieval illustrated Ars moriendi and on the other Luther's Sermon von der Bereitung zum Sterben from 1519.

Reading inquiry through the prism of unemployement

2020 ◽  
pp. 201-216
Author(s):  
Guillaume Heuguet
Keyword(s):  
Public Space ◽  
Doctoral Students ◽  
Science Inquiry ◽  
The Political ◽  
Social Rights ◽  
The Public ◽  
Political Role ◽  
The Social ◽  
The Relationship

This exploratory text starts from a doctoral-unemployed experience and was triggered by the discussions within a collective of doctoral students on this particularly ambiguous status since it is situated between student, unemployed, worker, self-entrepreneur, citizen-subject of social rights or user-commuter in offices and forms. These discussions motivated the reading and commentary of a heterogeneous set of texts on unemployment, precariousness and the functioning of the institutions of the social state. This article thus focuses on the relationship between knowledge and unemployment, as embodied in the public space, in the relationship with Pôle Emploi, and in the academic literature. It articulates a threefold problematic : what is known and said publicly about unemployment? What can we learn from the very experience of the relationship with an institution like Pôle Emploi? How can these observations contribute to an understanding of social science inquiry and the political role of knowledge fromm precariousness?

Part I Introduction, 1 The Nature of Termination

2020 ◽  
Author(s):  
Stannard John E ◽  
Capper David
Keyword(s):  
Common Law ◽  
The Other ◽  
Breach Of Contract ◽  
Close Relationship ◽  
The Law ◽  
The Right ◽  
The Relationship ◽  
Right To Refuse

This chapter discusses the nature of termination for breach. Termination for breach can be seen both as a process and as a remedy. Traditionally, the topic has been dealt with under the broader umbrella of ‘discharge’, alongside such topics as performance, frustration, and agreement. Problems arise, however, when the notion of discharge is pressed too far; in particular, the idea of the contract ‘coming to an end’ can be a misleading one, and has given rise to various errors and misconceptions. For this and other reasons, more emphasis is now given to termination in the context of remedies. Termination can be one of the most useful weapons in the armoury for the victim of a breach of contract, not least because, unlike many other remedies, it does not require recourse to the courts. However, this notion of termination as a remedy should not obscure the close relationship between termination and the other modes of discharge, most notably frustration. The chapter then looks at the problems in this area of the law, including problems of terminology, the different ways in which common law and equity have approached the question, and the relationship between discharge and damages. It also considers the most important aspects of the right to terminate, including the right to refuse performance.

Part III The right To Terminate, 8 Express Rights of Termination

2020 ◽  
Author(s):  
Stannard John E ◽  
Capper David
Keyword(s):  
Common Law ◽  
The Other ◽  
General Law ◽  
Key Issues ◽  
The Right ◽  
The Relationship

This chapter discusses express rights of termination. It is not always easy for a party to know for certain whether they are entitled to terminate or not. This is particularly so where the right in question depends on proof of fundamental breach or repudiation. For this reason, parties to a contract frequently, in the interests of certainty, make express provision for this by agreeing in advance that one or both of them may terminate if certain conditions are met. Such express rights of termination can depend on a wide variety of contingencies, but very frequently these will include a breach by the other party. Where this is the case, it is often difficult to distinguish termination under the express right from termination under the general law, particularly where the latter involves termination for breach of condition. The chapter then assesses four key issues with regard to express rights of this sort, most notably: (1) the relationship between express rights of termination and conditions at common law; (2) the requirements for the exercise of such rights; (3) the effect of termination under such a right; and (4) the problem of concurrent rights of termination.

18 The Law of Neutrality

2021 ◽  
Author(s):  
Bothe Michael
Keyword(s):  
Armed Conflict ◽  
Armed Conflicts ◽  
The Other ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Neutral State ◽  
The Will ◽  
The Law ◽  
The Right ◽  
The Relationship

This chapter focuses on rules of the law of neutrality concerning the protection of the victims of armed conflicts, which must be considered as part of international humanitarian law. ‘Neutrality’ describes the particular status, as defined by international law, of a state not party to an armed conflict. This status entails specific rights and duties in the relationship between the neutral and the belligerent states. On one hand, there is the right of the neutral state to remain apart from, and not to be adversely affected by, the conflict. On the other hand, there is the duty of non-participation and impartiality. The right not to be adversely affected means that the relationship between the neutral and belligerent States is governed by the law of peace, which is modified only in certain respects by the law of neutrality. In particular, the neutral State must tolerate certain controls in the area of maritime commerce. The duty of non-participation means, above all, that the state must abstain from supporting a party to the conflict. This duty not to support also means that the neutral state is under a duty not to allow one party to the conflict to use the resources of the neutral state against the will of the opponent.

The right to welfare

2017 ◽  
Author(s):  
Robert Pinker
Keyword(s):  
Twentieth Century ◽  
Social Class ◽  
Social Policy ◽  
Social Services ◽  
Political Rights ◽  
Welfare Capitalism ◽  
Welfare Pluralism ◽  
The Right ◽  
Right To Welfare ◽  
The Relationship

In this chapter, Robert Pinker discusses T.H. Marshall's concern with welfare pluralism, his study of citizenship and welfare, and his contribution to the development of social policy and administration. He begins with an overview of Marshall's achievement in the field of sociology and some of his major works such as Sociology at the Crossroads and Social Policy in the Twentieth Century, along with the essays entitled ‘Value Problems of Welfare-Capitalism’ and ‘Citizenship and Social Class’. Pinker continues by analysing Marshall's thoughts on the relationship between the inequalities of class and the prospective equality of citizenship and his argument that collectivist social services contribute to the maintenance and enhancement of social welfare so long as such interventions do not subvert the operation of the system of competitive markets. Pinker concludes with an assessment of Marshall's views on social and political rights, the problem of poverty, and the concept of ‘democratic-welfare-capitalism’.

L'État-nation, Une forme de fermeture sociale

1996 ◽  
Vol 37 (1) ◽  
pp. 163-179 ◽  
Author(s):  
Andreas Wimmer
Keyword(s):  
Critical Examination ◽  
Social Rights ◽  
Nation State ◽  
Social Formation ◽  
Public And Private ◽  
Southern States ◽  
The Third ◽  
The People ◽  
The Right ◽  
The Relationship

The study begins with a critical examination of two opposing, theories of nationalism. Next, the relationship between the State and nationalism in the form of the nation state is seen as a process of social formation during which a compromise is established between public and private elites, and the people: loyalty is exchanged for the right to participate in social rights. In the third part, the author considers the future of a number of Southern states in relation to the fundamentals of nation formation.

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