Instrumentalism and Human Rights

Author(s):  
Erasmus Mayr

This comment examines the impact of Buchanan’s and Sreenivasan’s critique of the mirroring view on some established theories of human rights, in particular on ‘political’ accounts like Joseph Raz’s, which consider human rights to be a subclass of moral rights. It is argued that, on the one hand, such theories are not best understood as relying on the mirroring view, and, on the other hand, that they have resources to defend the mirroring view against Buchanan’s and Sreenivasan’s criticisms.

Author(s):  
Anna Peterson

This book examines the impact that Athenian Old Comedy had on Greek writers of the Imperial era. It is generally acknowledged that Imperial-era Greeks responded to Athenian Old Comedy in one of two ways: either as a treasure trove of Atticisms, or as a genre defined by and repudiated for its aggressive humor. Worthy of further consideration, however, is how both approaches, and particularly the latter one that relegated Old Comedy to the fringes of the literary canon, led authors to engage with the ironic and self-reflexive humor of Aristophanes, Eupolis, and Cratinus. Authors ranging from serious moralizers (Plutarch and Aelius Aristides) to comic writers in their own right (Lucian, Alciphron), to other figures not often associated with Old Comedy (Libanius) adopted aspects of the genre to negotiate power struggles, facilitate literary and sophistic rivalries, and provide a model for autobiographical writing. To varying degrees, these writers wove recognizable features of the genre (e.g., the parabasis, its agonistic language, the stage biographies of the individual poets) into their writings. The image of Old Comedy that emerges from this time is that of a genre in transition. It was, on the one hand, with the exception of Aristophanes’s extant plays, on the verge of being almost completely lost; on the other hand, its reputation and several of its most characteristic elements were being renegotiated and reinvented.


2020 ◽  
Vol 66 (4/2019) ◽  
pp. 193-206
Author(s):  
Darko Simović

The adoption of the Act on Prevention of Domestic Violence was driven by the creation of a more effective legal framework for the protection of victims of domestic violence, and, therefore, also by the alignment of the legal system of the Republic of Serbia with international obligations. The main novelties include multi-sectoral cooperation and primarily preventive nature of the law. However, from its very adoption, it has been pointed to its noticeably repressive character, as well as to provisions with potentially harmful impacts. Hence, this paper represents a contribution to the discussion on the importance and scope of the solutions provided for in the Act on Prevention of Domestic Violence. On the one hand, it points to major novelties intended to contribute to a more effective prevention of domestic violence. On the other hand, it questions the constitutionality and appropriateness of some of the legal solutions, arguing that, in particular respects, the lawmaker had to use a wiser and more subtle approach to conceptualising the provisions of this law.


Author(s):  
Angel L. Meroño-Cerdan ◽  
Pedro Soto-Acosta ◽  
Carolina Lopez-Nicolas

This study seeks to assess the impact of collaborative technologies on innovation at the firm level. Collaborative technologies’ influence on innovation is considered here as a multi-stage process that starts at adoption and extends to use. Thus, the effect of collaborative technologies on innovation is examined not only directly, the simple presence of collaborative technologies, but also based on actual collaborative technologies’ use. Given the fact that firms can use this technology for different purposes, collaborative technologies’ use is measured according to three orientations: e-information, e-communication and e-workflow. To achieve these objectives, a research model is developed for assessing, on the one hand, the impact of the adoption and use of collaborative technologies on innovation and, on the other hand, the relationship between adoption and use of collaborative technologies. The research model is tested using a dataset of 310 Spanish SMEs. The results showed that collaborative technologies’ adoption is positively related to innovation. Also, as hypothesized, distinct collaborative technologies were found to be associated to different uses. In addition, the study found that while e-information had a positive and significant impact on innovation, e-communication and e-workflow did not.


Author(s):  
Francis L.F. Lee ◽  
Joseph M. Chan

Chapter 8 discusses the impact of digital media on collective memory. The chapter examines both the positive and negative impact of digital and social media. On the one hand, the analysis notes how digital media provided the channels for memory mobilization and the archives for memory transmission. On the other hand, the analysis examines the problematics of memory balkanization. It explicates how political forces have shaped the development of digital and social media in Hong Kong and how competing representations of the Tiananmen Incident and commemoration activities are articulated and reinforced within distinctive memory silos.


2020 ◽  
Vol 34 (3) ◽  
pp. 291-301
Author(s):  
Franz Baader ◽  
Clément Théron

Abstract We investigate the impact that general concept inclusions and role-value maps have on the complexity and decidability of reasoning in the description logic $$\mathcal{FL}_0$$ FL 0 . On the one hand, we give a more direct proof for ExpTime-hardness of subsumption w.r.t. general concept inclusions in $$\mathcal{FL}_0$$ FL 0 . On the other hand, we determine restrictions on role-value maps that ensure decidability of subsumption, but we also show undecidability for the cases where these restrictions are not satisfied.


Legal Studies ◽  
2002 ◽  
Vol 22 (4) ◽  
pp. 602-624 ◽  
Author(s):  
Erika Rackley

This paper reconsiders images of the judge and, in particular, the position of the woman judge using fairy tale and myth. It begins by exploring the actuality of women's exclusion within the judiciary, traditional explanations for this and the impact of recent changes. It goes on to consider the image of the Herculean judge, arguing that whilst we may view him as an ideological construct, or even as a fairy tale, we routinely deny this to ourselves and to others. This both ensures the normative survival of Hercules and simultaneously constrains counter-images of judges, including that of the woman judge, who becomes almost a contradiction in terms, faced with the need to shed her difference and fit the fairy tale. Like the little mermaid, the woman judge must trade her voice for partial acceptance in the prince's world.This image of silencing which Andersen's tale so vividly captures highlights a paradox in current discourses of adjudication. On the one hand, women judges are viewed as desirable in order to broaden the range of perspectives on the bench, thus making the judiciary more representative; on the other hand, judges are supposed to be without perspective, thus suggesting there is little need for a representative judiciary. Feminists and other commentators negotiate their way uncomfortably through this territory, acknowledging a gender dimension to adjudication, but failing fully to confront its implications. This paper seeks to ‘undress’ the judge, to flush out images of adjudication which deter or prevent women from joining the judiciary and constrain their potential within it. It highlights both the role of the imagination in existing conceptions of adjudication and the increasing necessity for a re-imagined Hercules – an alternative understanding of the judge which women and other groups currently underrepresented on the bench can comfortably and constructively occupy.


2018 ◽  
Vol 65 (1) ◽  
pp. 11-24 ◽  
Author(s):  
Silvio Ferrari

The conflicts between rights of God and human rights are on the rise. On the one hand, there are some rights that are qualified as human rights in the most important international conventions and in many national constitutions. As such, they are to be respected always and everywhere. On the other hand, there are rights that are directly or indirectly attributed to the will of God. Their respect is regarded as a religious obligation to be upheld even when it implies the violation of human rights. These are the terms of the conflict and the fact that they sink their roots in non-negotiable beliefs – rights related to the very nature of man vs. rights dependent on the will of God–makes this conflict particularly serious and complex. This article discusses the structural and historical causes of this conflict and proposes a few strategies to reduce the tensions between these two sets of rights.


2020 ◽  
Vol 17 (4) ◽  
pp. 91-101
Author(s):  
T.N. Soboleva ◽  

The article is devoted to the poorly studied problem of the formation of talent in the conditions of different degrees of freedom in activity and the impact on that formation of a person’s conservative and innovative semantic attitudes towards the introduction of new equipment. The main objective of the study is to describe how the conditions of different degrees of freedom in the activity are refracted with internal conditions, which are conservative and innovative semantic attitudes and various talent structures. The study was conducted on a sample of 54 qualified railway drivers using a specialized simulator which allows to simulate three degrees of freedom in the activity. The psychological analysis of the activity revealed seven abilities ensuring the implementation of the activity. Based on empirical data, the article shows that low, medium and high degrees of freedom in activity are manifested in different degrees of productivity. Conservative and innovative semantic attitudes to the introduction of new equipment do not have a significant effect on the productivity of the activity in the conditions of different degrees of freedom. Along with this, depending on the conservative and innovative semantic attitudes, different structures of talent in terms of composition and degree of integration under the conditions of different degrees of freedom in the activity are formed. On the one hand, conservative and innovative semantic attitudes act as internal determinants; on the other hand, low, medium and high degrees of freedom in the activity act as external determinants of the formation of various talent structures.


2020 ◽  
Author(s):  
Tomás Veloz ◽  
Pedro Maldonado ◽  
Samuel Ropert ◽  
César Ravello ◽  
Soraya Mora ◽  
...  

AbstractMeasures to reduce the impact of the COVID-19 pandemic require a mix of logistic, political and social capacity. Depending on the country, different approaches to increase hospitalization capacity or to properly apply lock-downs are observed. In order to better understand the impact of these measures we have developed a compartmental model which, on the one hand allows to calibrate the reduction of movement of people within and among different areas, and on the other hand it incorporates a hospitalization dynamics that differentiates the available kinds of treatment that infected people can receive. By bounding the hospitalization capacity, we are able to study in detail the interplay between mobility and hospitalization capacity.


Author(s):  
M. H. Crawford

It is commonplace that historical enquiry evolves as successive generations ask different questions, in a complex interplay between, on the one hand, the intellectual traditions in which individual historians have grown up, the different traditions that they discover, and the world as a whole in which they move; on the other hand, an ever greater body of knowledge and a wider range of historical tools. This chapter explores, by way of the particular example of the edicts of the Emperor Diocletian on maximum prices and on the coinage, the story of the discovery and study of their texts. It examines the impact on historical enquiry both of chance discoveries and of deliberate autopsy.


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