A Discourse-Theoretical Conception of Practical Reason

2021 ◽  
pp. 255-274
Author(s):  
Robert Alexy
Keyword(s):  
Human Rights ◽  
Practical Reason ◽  
Subject Matter ◽  
Practical Rationality ◽  
Discourse Theory ◽  
The Core ◽  
Pragmatic Argument ◽  
Constitutional State ◽  
Theoretical Conception ◽  
The Subject

Contemporary discussions about practical reason or practical rationality invoke four competing views, which, by reference to their historical models, can be named as follows: Aristotelian, Hobbesian, Kantian, and Nietzschean. The subject matter of this chapter is a defence of the Kantian conception of practical rationality in the interpretation of discourse theory. At the core lies the justification and the application of the rules of discourse. An argument consisting of three parts is presented to justify the rules of discourse. The three parts are as follows: a transcendental-pragmatic argument, an argument that takes account of the maximization of individual utility, and an empirical premise addressing an interest in correctness. Within the framework of the problem of application, the chapter outlines a justification of human rights and of the basic institutions of the democratic constitutional state on the basis of discourse theory.

scholarly journals Wolności i prawa polityczne dziecka

2020 ◽  
pp. 7-25
Author(s):  
Marek Bielecki
Keyword(s):  
Human Rights ◽  
Subject Matter ◽  
Positive Impact ◽  
International Standards ◽  
Political Freedom ◽  
Political Rights ◽  
Developmental Issues ◽  
Protection Of Human Rights ◽  
The Subject

The subject matter of the present paper is the analysis of particular normative solutions as well as the position of the judiciary and the interpretations of the doctrine in the scope of political freedom and rights that may be applied by a child. A child, as an entity equipped with the attribute of inherent and inalienable dignity, is a benefciary of the guarantees concerning the protection of human rights and freedoms proclaimed in both the national and international standards. Due to the existence of some objective obstacles such as age or developmental issues, certain rights cannot be fully applied by a child. While analyzing the indicated issues, the author of the study evaluates existing regulations as well as presents proposals for changes that could have a positive impact on children’s situation concerning the implementation of his/her political rights.

The impact of the Human Rights Act 1998

2019 ◽  
Author(s):  
Andrew Burrows
Keyword(s):  
Human Rights ◽  
Subject Matter ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Subject ◽  
English Law ◽  
The Impact

The enactment of the Human Rights Act 1998 (HRA 1998) has raised a number of novel issues for English law. But the impact of the Act on the subject matter of this book has been limited. That impact is best understood by clarifying that there are two main respects in which the Act is relevant to civil wrongs.

Conscientious objection, health care and Article 9 of the European Convention on Human Rights

2011 ◽  
Vol 11 (4) ◽  
pp. 284-304 ◽  
Author(s):  
Mark Campbell
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Subject Matter ◽  
Conscientious Objection ◽  
European Convention ◽  
Health Care Practitioners ◽  
Article 9 ◽  
Margin Of Appreciation ◽  
Health Care Context ◽  
The Subject

Article 9 of the European Convention on Human Rights provides protection for freedom of thought, conscience and religion. From one perspective, it may be said that Article 9 guarantees a right to conscientious objection in health care, whereas from another perspective, a Strasbourg case, such as Pichon and Sajous v France, effectively means that Article 9 provides little or no protection in that context. In this article it is argued that the matter is more complex than either of these two positions would suggest. Moreover, given the nature of the subject matter, national authorities should be afforded a significant margin of appreciation in the way that they protect and regulate conscientious objection. By way of illustration, there is a discussion of the ways in which Article 9 might affect conscientious objection in health care under English law. The final part of the article considers the conceptual limitations of Article 9 in thinking about conscientious objection in health care; in particular, the claim that the extent to which Article 9 of the Convention provides protection for a conscientious objection in the health care context is a different question from whether conscientious objection by doctors and other health care practitioners is justified in principle.

scholarly journals THE EXTENT OF THE APPLICABILITY OF THE PRINCIPLE OF FAIR HEARING IN ADMINISTRATIVE ADJUDICATION IN NIGERIA

2019 ◽  
Author(s):  
Reginald Anosike Uzoechi
Keyword(s):  
Human Rights ◽  
Subject Matter ◽  
Administrative Law ◽  
Human Rights Law ◽  
National Assembly ◽  
Secondary Sources ◽  
The Subject ◽  
Fair Hearing ◽  
Law Reports ◽  
Administrative Adjudication

This paper considers and examines the extent of the applicability of the principles of fair hearing in administrative adjudication in Nigeria. The paper holds the view that administrative adjudicatory bodies are compulsorily bound by the principles of fair hearing as most of their functions affect the rights and obligations of individuals appearing before them. Bearing in mind that these principles of fair hearing (and others ancillary to them) are however not straight jacket principles, hence this paper. In achieving this purpose, the paper adopts the thematic and doctrinal methods of research. The paper adopts the analytical, critical, expository and comparative methods of presentation, with copious reference to the 1999 Constitution of the Federal Republic of Nigeria; Textbooks on Constitutional and Administrative Law and Human Rights Law; Statute books; Law Reports (Case Laws); National Assembly Gazettes, Local and International Journals as primary and secondary sources of material on the subject-matter.

scholarly journals Elements of the philosophy of human rights

2020 ◽  
Vol 92 (4) ◽  
pp. 612-642
Author(s):  
Mina Đikanović
Keyword(s):  
Human Rights ◽  
Subject Matter ◽  
The Subject ◽  
Four Causes ◽  
Definition Of

The paper investigates the possibility of establishing the philosophy of human rights as a distinct philosophical science. Contemporary thematizations of problems related to human rights are called philosophies, but they are not philosophical in their essence. Following Hegel's understanding of the modern ethical order and Aristotle's teaching on the four causes, an attempt is made to give a framework for exploring the possibility of establishing the philosophy of human rights as a particular philosophical science. The framework includes considerations of the definition of the subject matter and methods, as well as an attempt to practically apply Aristotle's teaching on the four causes to the notion of human rights.

scholarly journals Extraterritorial application of the right to life on the high sea . Commentary to the Views adopted by the Human Rights Committee of 27 January 2021, A.S., D.I., O.I. and G.D. against Italy, Communication No. 3042/2017

2021 ◽  
Author(s):  
Bartosz Pacholski
Keyword(s):  
Human Rights ◽  
International Law ◽  
Subject Matter ◽  
Political Rights ◽  
Right To Life ◽  
Rescue Operation ◽  
Protection Of Human Rights ◽  
The Subject ◽  
Civil And Political Rights ◽  
The Right

The subject matter of this commentary, which instigates the Views of the Human Rights Committee of 27 January 2021, is the protection of one of the fundamental human rights – the right to life. The Committee, as an authority appointed to oversee compliance with the International Covenant on Civil and Political Rights, had to decide on the issue of Italy’s responsibility for failing to provide assistance to a boat in distress, even if the area in which the vessel was located was not within the territory of this state and other acts of international law attribute the responsibility for executing the rescue operation to a third country. According to the Committee’s views, which applied extraterritorial approach to the protection of the right to life, whenever states have the opportunity to take action for the protection of human rights they should do everything possible in a given situation to help people in need.

1. Fundamental concepts

2013 ◽  
Author(s):  
Kevin Gray ◽  
Susan Francis Gray
Keyword(s):  
Human Rights ◽  
Common Law ◽  
Physical Reality ◽  
England And Wales ◽  
The Core ◽  
The Subject ◽  
Property Concepts ◽  
Definition Of ◽  
The Impact ◽  
The Relationship

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter introduces a number of concepts that are fundamental to an understanding of the contemporary law of land in England and Wales. It discusses: definition of ‘land’ as physical reality; the notion of abstract ‘estates’ in land as the medium of ownership; the relationship between law and equity; the meaning of ‘property’ in land; the impact of human rights on property concepts; the ambivalence of common law perspectives on ‘land’; the statutory organisation of proprietary rights in land; and the underlying policy motivations that drive the contemporary law of land.

Introduction

2017 ◽  
Author(s):  
Carla Ferstman
Keyword(s):  
Human Rights ◽  
International Organizations ◽  
Subject Matter ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The Subject

The chapter provides an overall introduction to the book. It explains the subject matter of the book, which is an exploration of the challenges to obtain remedies and reparation for harm suffered in the context of violations of human rights and international humanitarian law carried out by or attributed to international organizations. It sets out the problems the book seeks to address, the approach taken, the methodology, the structure of the arguments, particular issues and tensions. Finally, it posits some solutions and paths forward to the myriad lacunae that have been identified throughout the text and explains what is concluded overall.

Introduction

2020 ◽  
pp. 1-5
Author(s):  
Klisala Harrison
Keyword(s):  
Human Rights ◽  
Subject Matter ◽  
Urban Poor ◽  
Urban Poverty ◽  
Social Processes ◽  
Artistic Practice ◽  
Capability Development ◽  
Music Making ◽  
The Social ◽  
The Subject

This introduction considers the author’s position to the subject matter and book, including its insistence that people who experience poverty should enjoy human rights all of the time, even at the time of music-making. A critical ethnography of human rights in artistic practice, it introduces what musicking, or the social processes of engaging music, does and does not do for urban poor from the perspective of capability development and human rights. Developing capabilities is a key element of struggling toward human rights, but these capabilities may not be human rights in themselves. The prelude describes the author’s roles as a violinist, arts organizer and researcher in urban poverty as well as how she overcame methodological challenges faced during the study.

scholarly journals The nature of the action undertaken by the UN Special Rapporteur on migrant rights . Selected issues and problems

2021 ◽  
pp. 151-168
Author(s):  
Iwona Wrońska
Keyword(s):  
Human Rights ◽  
International Relations ◽  
Subject Matter ◽  
International Community ◽  
Special Role ◽  
Special Rapporteur ◽  
Host Countries ◽  
The Subject ◽  
Third Country Nationals

Despite the contribution they make to the life of host countries, migrants are often subjected to inappropriate or often cruel treatment because they are third-country nationals or are in an uncertain situation. The growing interest of the international community in the subject matter of human rights means that particular attention is now being devoted to migrant rights. The activity of the UN Special Rapporteur on migrant rights, who operates within the framework of the so-called Special Procedures established by the Human Rights Coun­cil, plays a special role among the mechanisms of protection of migrant rights in international relations.

Sign in / Sign up

Export Citation Format

Share Document