The Religion/Secularism Debate in Human Rights Literature

2017 ◽  
Author(s):  
John Haskell
Keyword(s):  
Human Rights ◽  
The Other ◽  
Constitutive Relationship ◽  
Legal Scholarship ◽  
Other Hand ◽  
The One ◽  
Aesthetic Sensibility

The tension between religion and secularism within the field of human rights is a popular topic in contemporary international legal scholarship. In the first section of the chapter, I map the arguments between Christianity, Islam, and liberal secular perspectives: on the one hand, exploring the different styles of treatment available within scholarship, and on the other hand, demonstrating how they bear a constitutive relationship to each other that reveals a common aesthetic sensibility and set of disciplinary assumptions among concerned scholars. Whatever differences exist in the texts, the paper seeks to show that authors only tend to produce four varieties of argument around the rhetorical trope law/religion/secularism, and that each of these four varieties are dependent upon their seemingly antagonistic counterparts.

scholarly journals Dilemmas about the scope of the Act on Prevention of Domestic Violence from a human rights perspective

2020 ◽  
Vol 66 (4/2019) ◽  
pp. 193-206
Author(s):  
Darko Simović
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Legal System ◽  
Legal Framework ◽  
The Other ◽  
Effective Prevention ◽  
Other Hand ◽  
International Obligations ◽  
The Republic ◽  
The One

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.

Droits de l’homme, droits de Dieu : Une inévitable tension ?

2018 ◽  
Vol 65 (1) ◽  
pp. 11-24 ◽  
Author(s):  
Silvio Ferrari
Keyword(s):  
Human Rights ◽  
The Other ◽  
Other Hand ◽  
The Will ◽  
The One ◽  
International Conventions ◽  
Religious Obligation ◽  
Will Of God

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.

Spinoza, Descartes, and the “Stupid Cartesians”

2019 ◽  
pp. 658-677
Author(s):  
Steven Nadler
Keyword(s):  
The Other ◽  
Other Hand ◽  
The One

Spinoza’s relationship to Descartes and his followers is complex. On the one hand, he was clearly inspired and influenced by the metaphysical and epistemological principles of Cartesian philosophy. On the other hand, his system represents a significant departure from some of that philosophy’s most fundamental principles. In this chapter, I consider those aspects of Descartes’s thought that Spinoza, over the course of his philosophical career, accepted, modified, and rejected, as well as his tense relations with later Cartesians who sought to distance themselves from a “heretic” perceived by ecclesiastic, academic, and civil authorities as one of their own.

Instrumentalism and Human Rights

2018 ◽  
Author(s):  
Erasmus Mayr
Keyword(s):  
Human Rights ◽  
Moral Rights ◽  
The Other ◽  
Other Hand ◽  
The One ◽  
The Impact

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.

A New Materiality

2018 ◽  
Author(s):  
Mikael Wiberg
Keyword(s):  
The Other ◽  
The Road ◽  
Other Hand ◽  
Look Back ◽  
Material Turn ◽  
The One

The previous chapter provided us with a theory of the materiality of interaction. So, where do we go from here? Well, in order to move forward, I use this chapter to suggest that we might now need to look back in order to see the road ahead of us more clearly. In this chapter I therefore present how a focus on the materiality of interaction one the one hand leaves any distinctions between the physical and the digital behind, and how it on the other hand presents us with three distinct challenges as we move forward through the material turn.

Statecraft, Witchcraft, God’s Craft: Religious Diversity and the Forces of Law in South Africa

2017 ◽  
Vol 47 (2) ◽  
pp. 257-284
Author(s):  
Marian Burchardt
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Religious Diversity ◽  
Historical Context ◽  
The Other ◽  
Power Struggles ◽  
Other Hand ◽  
The Law ◽  
The One

AbstractLegal anthropologists and sociologists of religion increasingly recognize the importance of law in current controversies over religious diversity. Drawing on the case of South Africa, this article explores how such controversies are shaped by contestations over what counts as ‘religion’. Analyzing the historical context and emergent forms of institutional secularity from which contemporary contestations over religious diversity draw, the article explores debates and practices of classification around religion, tradition, and culture, and the ways in which these domains are co-constituted through their claims on the law: on the one hand through an analysis of religion-related jurisprudence; on the other hand through an examination of the debates on witchcraft, law, and religion. I argue that the production of judicial knowledge of ‘religion’, ‘culture’, and ‘tradition’ is tied up with contestations over the power to define the meaning of the domains. In fact, contrary to notions of constitutionality in which rights seem to exist prior to the claims made on their basis, in a fundamental sense rights struggles help to constitute the contemporary human rights dispensation. Against the Comaroffs’ claim that judicialization depoliticizes power struggles, I show that legal claims making remains vibrantly political.

scholarly journals Dasein and World: Heidegger’s Reconceiving of the Transcendental After Husserl

2020 ◽  
Vol 1 (3) ◽  
pp. 265-287
Author(s):  
Niall Keane
Keyword(s):  
The Other ◽  
Constitutive Relationship ◽  
Being And Time ◽  
Husserlian Phenomenology ◽  
Early Analysis ◽  
Constitutive Analysis ◽  
Other Hand ◽  
The World ◽  
Before And After ◽  
The One

AbstractThe following examines Heidegger’s analysis of world and Dasein from a transcendental perspective. It is argued that Heidegger’s reflections on the interconnected themes of world and Dasein reveal the tensions that exist between the transcendental claims before and after Being and Time and the analysis of worldliness. It begins by looking at Heidegger’s early analysis of Husserl’s critique of psychologism and naturalism, assessing what this tells us about Heidegger’s analysis of world and nature. It subsequently addresses Heidegger’s transformation of Husserlian phenomenology, and intentionality in particular, arguing against interpreters who claim Heidegger’s interconnected concepts of Dasein and world are reducible to one another and hence phenomenologically problematic. In order to respond to this reading, the article examines the twin themes of, on the one hand, transcendental constitutive analysis in Heidegger’s work, Dasein as disclosive and ‘world entering’, and, on the other hand, the centrality of the world and the realm of nature as always more than Dasein’s constitutive relationship to it. In order to understand what Heidegger means by worldliness, the article will look at Heidegger’s reflections on nature as the world’s other, which nonetheless needs to be understood on the basis of worldliness.

scholarly journals Cheating in chess: a call for an integrated disciplinary regulation

2020 ◽  
Vol 8 ◽  
pp. 57-83
Author(s):  
Salomėja Zaksaitė
Keyword(s):  
Human Rights ◽  
Legal Regulation ◽  
The Other ◽  
Computer Assisted ◽  
Sports Law ◽  
Legal Research ◽  
Other Hand ◽  
Broad Concept ◽  
The One

This article examines recent regulation in the sport of chess with a focus on cheating. On the one hand, disciplinary law in chess could be considered relatively underdeveloped compared with other sports. On the other hand, however, this kind of ‘underdevelopment’ might be appropriate since chess governing bodies have not yet introduced interventionist rules. These two interacting perspectives shape the aim and the objectives of legal research designed to protect the chess community from cheating by suggesting adequate disciplinary measures. The analysis focuses mainly on two forms of cheating: computer-assisted cheating and match-fixing. The broad concept of cheating and relatively young legal regulation in an under-researched sport call for interdisciplinary analysis, therefore, knowledge of sports law, human rights as well as criminology is applied.

The fundamental principles of the Red Cross, peace and human rights

1980 ◽  
Vol 20 (217) ◽  
pp. 171-183 ◽  
Author(s):  
Jacques Moreillon
Keyword(s):  
Human Rights ◽  
Common Factor ◽  
The Other ◽  
Red Cross ◽  
Other Hand ◽  
The One

The theme of this paper is not an easy one. The difficulty of our subject is twofold: on the one hand, two of its three facets (peace and human rights) raise conceptual and interpretative problems; on the other hand, to deal with them together would involve finding a common factor, something which is not obvious even—perhaps especially—within the limited framework of the Red Cross movement.

scholarly journals Rights of Man, Rights of God: An Unavoidable Tension?

2021 ◽  
Vol 15 (3) ◽  
pp. 241-255
Author(s):  
Silvio Ferrari
Keyword(s):  
Human Rights ◽  
The Other ◽  
Other Hand ◽  
The Will ◽  
The One ◽  
International Conventions ◽  
Religious Obligation ◽  
Will Of God

Abstract The conflicts between rights of God and rights of man 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 versus 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.

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