Human Rights in Context

Author(s):  
Rainer Forst

In the first part of the comments, Andrea Sangiovanni’s “broad view” of human rights is analysed and criticized for being too broad. It does not provide a sufficient normative ground for the core concept of human rights, and its account of constructing more concrete conceptions of human rights is too indeterminate with respect to both substance and procedure. In the second part, an alternative, discourse-theoretical view is outlined.

Author(s):  
Shailendra Kumar ◽  
Sanghamitra Choudhury

This manuscript aims to provide a nuanced study of the idea of rights and duties prevalent in ancient Vedic society through Vedic literature and Dharmaśāstras . This manuscript delves into the exegesis of the Védas and Dharmaśāstras to accomplish this. The archaic Vedic literature and Dharmaśāstra texts are the origin and backbone of Sanskrit literature. They have a plethora of ideas that, if accepted, could be quite useful for the protection of any person's human rights. In Védas and Dharmaśāstras, rights and duties complement each other, and rights are integrated by duties. According to these texts, rights and duties are correlated and the relationship between rights and duties leads to the core concept of dharma (constitutional laws). Dharma is a systematic Sanskrit concept that includes traditions, obligation, morals, laws, order, and justice. It was a unique concept of dharma that kept checks and balances on sovereign officials and prevented them from becoming autocratic and anarchist. It also provided the common man with a protective shield against the dictatorship of sovereign officials. Ordinary citizens had more privileges and fewer responsibilities relative to the state's highest officials. The greater the authority, the less his privileges were, and the more extensive his responsibilities became. This research is an exegetical analysis of ancient Indian Vedic and later Vedic literature and is primarily aimed at deciphering some of the essential ideas of the rights found in these texts, which are akin to contemporary human rights. It endeavours to discern and explain the tenets of human rights obnubilated in the pristine mantras of Antediluvian Vedic and Smṛti texts of India. The essay further attempts to add a much needed non-western perspective to the historiography of human rights.


Literature ◽  
2021 ◽  
Vol 1 (1) ◽  
pp. 24-40
Author(s):  
Shailendra Kumar ◽  
Sanghamitra Choudhury

This manuscript aims to provide a nuanced study of the idea of rights and duties prevalent in ancient Védic society through Védic literature and Dharmaśāstras. This manuscript delves into the exegesis of the Védas and Dharmaśāstras to accomplish this. The archaic Védic literature and Dharmaśāstra texts are the origin and backbone of Sanskrit literature. They have a plethora of ideas that, if accepted, could be quite useful for the protection of any person’s human rights. In the Védas and Dharmaśāstras, rights and duties complement each other, and rights are integrated with duties. According to these texts, rights and duties are correlated and the relationship between rights and duties leads to the core concept of dhárma (constitutional laws). Dhárma is a systematic Sanskrit concept that includes traditions, obligations, morals, laws, order, and justice. It was a unique concept of dhárma that kept checks and balances on sovereign officials and prevented them from becoming autocratic and anarchist. It also provided the common man with a protective shield against the dictatorship of sovereign officials. Ordinary citizens had more privileges and fewer responsibilities relative to the state’s highest officials. The greater the authority, the less his privileges were, and the more extensive his responsibilities became. This research is an exegetical analysis of ancient Indian Védic and later Védic literature and is primarily aimed at deciphering some of the essential ideas about rights found in these texts, which are akin to contemporary human rights. It endeavours to discern and explain the tenets of human rights obnubilated in the pristine mantras of the ancient Védic and Smṛti texts of India. The essay further attempts to add a much-needed non-western perspective to the historiography of human rights.


Author(s):  
Shailendra Kumar ◽  
Sanghamitra Choudhury

This manuscript aims to provide a nuanced study of the idea of rights and duties prevalent in ancient Vedic society through Vedic literature and Dharmaśāstras . This manuscript delves into the exegesis of the Védas and Dharmaśāstras to accomplish this. The archaic Vedic literature and Dharmaśāstra texts are the origin and backbone of Sanskrit literature. They have a plethora of ideas that, if accepted, could be quite useful for the protection of any person's human rights. In Védas and Dharmaśāstras, rights and duties complement each other, and rights are integrated by duties. According to these texts, rights and duties are correlated and the relationship between rights and duties leads to the core concept of dharma (constitutional laws). Dharma is a systematic Sanskrit concept that includes traditions, obligation, morals, laws, order, and justice. It was a unique concept of dharma that kept checks and balances on sovereign officials and prevented them from becoming autocratic and anarchist. It also provided the common man with a protective shield against the dictatorship of sovereign officials. Ordinary citizens had more privileges and fewer responsibilities relative to the state's highest officials. The greater the authority, the less his privileges were, and the more extensive his responsibilities became. This research is an exegetical analysis of ancient Indian Vedic and later Vedic literature and is primarily aimed at deciphering some of the essential ideas of the rights found in these texts, which are akin to contemporary human rights. It endeavours to discern and explain the tenets of human rights obnubilated in the pristine mantras of Antediluvian Vedic and Smṛti texts of India. The essay further attempts to add a much needed non-western perspective to the historiography of human rights.


Author(s):  
William Durch ◽  
Joris Larik ◽  
Richard Ponzio

Security and justice are both essential elements in humanity’s quest not only to survive but to thrive with dignity; neither is sustainable alone. Security is merely the appearance of order in a framework of structural violence unless tempered or leavened by concepts of justice that include human rights, human dignity, and other normative limits on the use of power. The pursuit of justice, whether at the personal, community, national, or international level can be crippled if not matched, in turn, by means to sustain security at each level. This complementarity of security and justice—despite their inherent tensions—is the core conceptual framework of the book. Achieving “just security,” we argue, is essential to the success of any global governance enterprise or architecture.


Author(s):  
Jonas Tallberg ◽  
Karin Bäckstrand ◽  
Jan Aart Scholte

Legitimacy is central for the capacity of global governance institutions to address problems such as climate change, trade protectionism, and human rights abuses. However, despite legitimacy’s importance for global governance, its workings remain poorly understood. That is the core concern of this volume, which engages with the overarching question: whether, why, how, and with what consequences global governance institutions gain, sustain, and lose legitimacy. This introductory chapter explains the rationale of the book, introduces its conceptual framework, reviews existing literature, and presents the key themes of the volume. It emphasizes in particular the volume’s sociological approach to legitimacy in global governance, its comparative scope, and its comprehensive treatment of the topic. Moreover, a specific effort is made to explain how each chapter moves beyond existing research in exploring the book’s three themes: (1) sources of legitimacy, (2) processes of legitimation and delegitimation, and (3) consequences of legitimacy.


2021 ◽  
Vol 11 (9) ◽  
pp. 4011
Author(s):  
Dan Wang ◽  
Jindong Zhao ◽  
Chunxiao Mu

In the field of modern bidding, electronic bidding leads a new trend of development, convenience and efficiency and other significant advantages effectively promote the reform and innovation of China’s bidding field. Nowadays, most systems require a strong and trusted third party to guarantee the integrity and security of the system. However, with the development of blockchain technology and the rise of privacy protection, researchers has begun to emphasize the core concept of decentralization. This paper introduces a decentralized electronic bidding system based on blockchain and smart contract. The system uses blockchain to replace the traditional database and uses chaincode to process business logic. In data interaction, encryption techniques such as zero-knowledge proof based on graph isomorphism are used to improve privacy protection, which improves the anonymity of participants, the privacy of data transmission, and the traceability and verifiable of data. Compared with other electronic bidding systems, this system is more secure and efficient, and has the nature of anonymous operation, which fully protects the privacy information in the bidding process.


2016 ◽  
Vol 34 (4) ◽  
pp. 280-289 ◽  
Author(s):  
Ellen T Crumley

Background Internationally, physicians are integrating medical acupuncture into their practice. Although there are some informative surveys and reviews, there are few international, exploratory studies detailing how physicians have accommodated medical acupuncture (eg, by modifying schedules, space and processes). Objective To examine how physicians integrate medical acupuncture into their practice. Methods Semi-structured interviews and participant observations of physicians practising medical acupuncture were conducted using convenience and snowball sampling. Data were analysed in NVivo and themes were developed. Despite variation, three principal models were developed to summarise the different ways that physicians integrated medical acupuncture into their practice, using the core concept of ‘helping’. Quotes were used to illustrate each model and its corresponding themes. Results There were 25 participants from 11 countries: 21 agreed to be interviewed and four engaged in participant observations. Seventy-two per cent were general practitioners. The three models were: (1) appointments (44%); (2) clinics (44%); and (3) full-time practice (24%). Some physicians held both appointments and regular clinics (models 1 and 2). Most full-time physicians initially tried appointments and/or clinics. Some physicians charged to offset administration costs or compensate for their time. Discussion Despite variation within each category, the three models encapsulated how physicians described their integration of medical acupuncture. Physicians varied in how often they administered medical acupuncture and the amount of time they spent with patients. Although 24% of physicians surveyed administered medical acupuncture full-time, most practised it part-time. Each individual physician incorporated medical acupuncture in the way that worked best for their practice.


2012 ◽  
Vol 6 (1) ◽  
Author(s):  
Richard Francis Crane

Philosopher Jacques Maritain (1882-1973) embraced a quest for sanctity at the core of his vocation as a French Catholic intellectual. Known as an exponent of the teachings of Saint Thomas Aquinas, he also devoted considerable energies to the promotion of democracy and human rights, as well as the combat against antisemitism. Maritain has been lauded for his sometimes courageous attempts to eradicate anti-Jewish prejudice from the Christian conscience, though some prevailing interpretations oversimplify this thinker's motivations and ideas. Keeping in mind the historically-contingent and often ambivalent nature of philosemitism, this article analyzes Maritain's postwar writings on the Jewish Question and his interactions with Popes Pius XII and Paul VI, Anglican theologian James Parkes, Jewish historians Leon Poliakov and Jules Isaac, and fellow Catholic writers Paul Claudel and Francois Mauriac.


Author(s):  
Suzanne Cahill

This chapter will be used to highlight the key contribution this book makes to the field of dementia care policy and practice, as well as identifying some of its limitations. Returning to the core themes consolidated in the UN Convention and introduced in chapter three namely equality autonomy participation and solidarity and based on the topics reviewed in earlier chapters, the chapter points to the gaps that exist between the rhetoric of policy initiatives and the reality of peoples’ everyday lives and the further gap that can exist between policy objectives and research evidence. The chapter argues for a need for much more budgetary and political attention to be focused on dementia and for future iterations of dementia strategies to take cognizance of human rights issues. Human rights legislation rather than being seen as punitive and burdensome should be viewed as a critical framework for guiding all levels of action with people with dementia and their family members.


2018 ◽  
Vol 1 (2) ◽  
pp. 169-178
Author(s):  
Muhammad Azzam Alfarizi

The inherent right of the individual is an affirmation that human beings must be treated properly and civilized and must be respected, as the sounding of the second precept is: "Just and Civilized Humanity". Human rights are manifestations of the third principle, namely: "Indonesian Unity". If all rights are fulfilled, reciprocally the unity and integrity will be created. Rights are also protected and upheld as is the agreement of the fourth precepts that reads: "Democracy Led by Wisdom in Consultation / Representation". Human Rights also recognizes the right of every person for the honor and protection of human dignity and dignity, which is in accordance with the fifth precepts which read: "Social Justice for All Indonesian People" PASTI Values ​​which are the core values ​​of the Ministry of Law and Human Rights which is an acronym of Professional, Accountable, Synergistic, Transparent and Innovative is an expression of the performance of the immigration apparatus in providing human rights based services. If these values ​​are in line with the values ​​contained in Pancasila, the criteria for evaluating human rights-based public services are based on the accessibility and availability of facilities; the availability of alert officers and compliance of officials, employees, and implementers of Service Standards for each service area will be easily achieved. It is fitting that immigration personnel in providing services must be in accordance with the principles of human rights-based services and in harmony with the Pancasila philosophy. This is as an endeavor in fulfilling service needs in accordance with the mandate of the 1945 Constitution, provisions of applicable laws and human rights principles for every citizen and population for services provided by the government in this case Immigration.  


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