The Past is Never Dead

2017 ◽  
Author(s):  
Pasquale Annicchino
Keyword(s):  
Human Rights ◽  
Case Studies ◽  
League Of Nations ◽  
Religious Groups ◽  
Specific Context ◽  
The Core ◽  
The Past ◽  
Relevant Today ◽  
International Constitutionalism ◽  
Protestant Denominations

Human rights are the product of a specific history and of a specific context. Over the course of their developments religious groups have had different attitudes towards them. For instance several Christian Protestant denominations have strongly criticized and opposed the developments of human rights giving birth to a distinct strand of Christian anti-internationalism. This chapter, after dealing with the anthropological understanding of human rights in the contemporary era, will challenge this notion with the understanding of Christian anti-internationalism, beginning with historically situating the anthropological understanding of human rights in the controversy surrounding the establishment of the League of Nations. Based on two case studies it will also show how those debates are relevant today within the context of the development of human rights worldwide. At the core of the controversy stands the competition between legal pluralism and international constitutionalism.

scholarly journals SEVERING RESERVATIONS

2014 ◽  
Vol 63 (3) ◽  
pp. 599-634 ◽  
Author(s):  
Kasey L. McCall-Smith
Keyword(s):  
Human Rights ◽  
The Core ◽  
The Past ◽  
Human Rights Treaties ◽  
State Practice ◽  
The Future ◽  
Treaty Law ◽  
Contemporary Practice

AbstractHow to address invalid reservations has been an ongoing struggle for States, legal practitioners and academics. This article considers the evolution of severability and whether States intend the language of severance to serve as a signal of their view on legality to reserving States or simply use severability to bolster their own public reputation. Over the past decade, State practice toward invalid reservations to norm-creating treaties has shifted and both this shift and its impact on treaty law must be acknowledged. The arguments and assertions that follow rely heavily on contemporary practice relating to reservations made to the core UN human rights treaties which, admittedly, limits the application of the doctrine in many ways. Review of State practice, especially to human rights treaties, demonstrates that a broader number of States are slowly opting for severability when defining their treaty relations with States authoring invalid reservations. The doctrine of severability is gaining a slow but steady following by a growing number of States though there is tension about whether severing reservations is lex specialis, pertaining only to human rights treaties, or lex ferenda. This article examines the evolving practice and forecasts the role it will play in the future of treaty law.

scholarly journals Ideas of Human Rights and Freedoms and Civic Consciousness in Legal Ideals of Russian Liberals

2019 ◽  
pp. 196-206
Author(s):  
Svetlana Glushkova
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Vulnerable Groups ◽  
Civic Consciousness ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Past ◽  
Legal Thought ◽  
Relevant Today ◽  
Socially Vulnerable Groups

The paper addresses the ideas of human rights, civic consciousness, and various options of modeling the legal ideal by the leading representatives of Russian political and legal thought of the second half of the 19th – early 20th century. The research is primarily aimed at identifying priorities and value fundamentals of Russian liberals as the ideas of human rights and freedoms, rule-of-law state, civic consciousness and civil society developed within various models of legal ideals that can still be relevant today. A conclusion is made that researching Russian liberals’ political and legal legacy is relevant nowadays; many of their ideas were ahead of their time; a number of researchers were working to anticipate their time, era, and culture, while many ideas and thinkers were undeservedly forgotten. Any people’s culture of memory, meanwhile, is established based on the whole intellectual heritage of the past (without ideological limitations or repressive actions), academic works and humanities practices of classics of social and natural sciences. Many ideas and approaches of classics of the Russian liberal political and legal thought should be used nowadays to establish national strategies and programs on protecting the rights of socially vulnerable groups of population, a national platform for human rights protection, and a national educational program on human rights.

Soziale Disziplinierung im flexiblen Kapitalismus

2004 ◽  
Vol 34 (136) ◽  
pp. 339-356
Author(s):  
Tobias Wölfle ◽  
Oliver Schöller
Keyword(s):  
Social Welfare ◽  
Second Step ◽  
Social Rights ◽  
Federal Law ◽  
Capitalist Development ◽  
The Core ◽  
The Past ◽  
The Impact ◽  
Municipal Level

Under the term “Hilfe zur Arbeit” (aid for work) the federal law of social welfare subsumes all kinds of labour disciplining instruments. First, the paper shows the historical connection of welfare and labour disciplining mechanisms in the context of different periods within capitalist development. In a second step, against the background of historical experiences, we will analyse the trends of “Hilfe zur Arbeit” during the past two decades. It will be shown that by the rise of unemployment, the impact of labour disciplining aspects of “Hilfe zur Arbeit” has increased both on the federal and on the municipal level. For this reason the leverage of the liberal paradigm would take place even in the core of social rights.

Provision of Remedies for Violation of Economic, Social and Cultural Rights: A Comparative Study of the United Nations, Inter-American and African Human Rights Systems

2020 ◽  
Vol 28 (2) ◽  
pp. 298-318
Author(s):  
Roman Girma Teshome
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Comparative Study ◽  
Economic Rights ◽  
Regional Monitoring ◽  
Cultural Rights ◽  
The Past ◽  
The United Nations ◽  
To Receive

The effectiveness of human rights adjudicative procedures partly, if not most importantly, hinges upon the adequacy of the remedies they grant and the implementation of those remedies. This assertion also holds water with regard to the international and regional monitoring bodies established to receive individual complaints related to economic, social and cultural rights (hereinafter ‘ESC rights’ or ‘socio-economic rights’). Remedies can serve two major functions: they are meant, first, to rectify the pecuniary and non-pecuniary damage sustained by the particular victim, and second, to resolve systematic problems existing in the state machinery in order to ensure the non-repetition of the act. Hence, the role of remedies is not confined to correcting the past but also shaping the future by providing reforming measures a state has to undertake. The adequacy of remedies awarded by international and regional human rights bodies is also assessed based on these two benchmarks. The present article examines these issues in relation to individual complaint procedures that deal with the violation of ESC rights, with particular reference to the case laws of the three jurisdictions selected for this work, i.e. the United Nations, Inter-American and African Human Rights Systems.

Adaptations of Time Travel Narratives in Japanese Multimedia: Nurturing Eudaimonia across Time and Space

2014 ◽  
Vol 7 (2) ◽  
pp. 136-151 ◽  
Author(s):  
Sung-Ae Lee
Keyword(s):  
Travel Narratives ◽  
Time Travel ◽  
Cultural Knowledge ◽  
Human Beings ◽  
The Core ◽  
The Past ◽  
Life Styles ◽  
Concern For Others ◽  
The Future ◽  
Live Action

To displace a character in time is to depict a character who becomes acutely conscious of his or her status as other, as she or he strives to comprehend and interact with a culture whose mentality is both familiar and different in obvious and subtle ways. Two main types of time travel pose a philosophical distinction between visiting the past with knowledge of the future and trying to inhabit the future with past cultural knowledge, but in either case the unpredictable impact a time traveller may have on another society is always a prominent theme. At the core of Japanese time travel narratives is a contrast between self-interested and eudaimonic life styles as these are reflected by the time traveller's activities. Eudaimonia is a ‘flourishing life’, a life focused on what is valuable for human beings and the grounding of that value in altruistic concern for others. In a study of multimodal narratives belonging to two sets – adaptations of Tsutsui Yasutaka's young adult novella The Girl Who Leapt Through Time and Yamazaki Mari's manga series Thermae Romae – this article examines how time travel narratives in anime and live action film affirm that eudaimonic living is always a core value to be nurtured.

Les héritages chrétiens: quel avenir?

Moreana ◽  
2009 ◽  
Vol 46 (Number 176) (1) ◽  
pp. 175-190
Author(s):  
Bernard Bourdin
Keyword(s):  
European Union ◽  
Human Rights ◽  
Middle Ages ◽  
Critical Analysis ◽  
Religious Affiliation ◽  
The European Union ◽  
Modern Times ◽  
The Past ◽  
Religious Significance ◽  
Politics And Religion

The legacy from Christianity unquestionably lies at the root of Europe, even if not exclusively. It has taken many aspects from the Middle Ages to modern times. If the Christian heritage is diversely understood and accepted within the European Union, the reason is essentially due to its political and religious significance. However, its impact in politics and religion has often been far from negative, if we will consider what secular societies have derived from Christianity: human rights, for example, and a religious affiliation which has been part and parcel of national identity. The Christian legacy has to be acknowledged through a critical analysis which does not deny the truth of the past but should support a European project built around common values.

PRACTICAL BASE OF FORMULATING RETRAINING PROGRAMS ON ETHNIC MINORITY AFFAIRS KNOWLEDGE FOR CADRES, CIVIL SERVANTS UP TO 2030

2018 ◽  
Author(s):  
Nguyen Van Dung ◽  
Giang Khac Binh
Keyword(s):  
Ethnic Minority ◽  
Training Program ◽  
Political System ◽  
Prime Minister ◽  
Training Programs ◽  
Civil Servants ◽  
The Political ◽  
Target Groups ◽  
The Core ◽  
The Past

As developing programs is the core in fostering knowledge on ethnic work for cadres and civil servants under Decision No. 402/QD-TTg dated 14/3/2016 of the Prime Minister, it is urgent to build training program on ethnic minority affairs for 04 target groups in the political system from central to local by 2020 with a vision to 2030. The article highlighted basic issues of practical basis to design training program of ethnic minority affairs in the past years; suggested solutions to build the training programs in integration and globalization period.

The Nature of Degrowth: Theorising the Core of Nature for the Degrowth Movement

2020 ◽  
Author(s):  
Pasi Heikkurinen
Keyword(s):  
Human Nature ◽  
Culturally Sensitive ◽  
Theory And Practice ◽  
The Core ◽  
The Past ◽  
The Future ◽  
Radical Reduction ◽  
Nature Experience ◽  
Matter Energy

This article investigates human–nature relations in the light of the recent call for degrowth, a radical reduction of matter–energy throughput in over-producing and over-consuming cultures. It outlines a culturally sensitive response to a (conceived) paradox where humans embedded in nature experience alienation and estrangement from it. The article finds that if nature has a core, then the experienced distance makes sense. To describe the core of nature, three temporal lenses are employed: the core of nature as ‘the past’, ‘the future’, and ‘the present’. It is proposed that while the degrowth movement should be inclusive of temporal perspectives, the lens of the present should be emphasised to balance out the prevailing romanticism and futurism in the theory and practice of degrowth.

Trail-Blazer Dependency – A Roadmap for the Sustainability Revolution

2020 ◽  
Vol 13 (2) ◽  
pp. 317-337
Author(s):  
Jan Kunnas
Keyword(s):  
Case Studies ◽  
Environmental Problems ◽  
Pulp And Paper ◽  
Historical Research ◽  
The Past ◽  
Success Stories ◽  
Electric Car ◽  
Major Benefit ◽  
Quality Movement

While geologists are still considering whether the Anthropocene should be accepted as a formal geological epoch, it is up to us humanists to search for ways making this human era a good one. In this article, I will examine how we can use historical research to provide such tracks based on past regularities or similarities. Positive success stories from the past can at least provide faith that we can do something about our current environmental problems. This investigation is based on two case studies: the Tesla Model S electric car, and the Swedish pulp and paper industry's transition to chlorine-free bleaching. It argues that the sustainability revolution doesn't just share similarities with the quality movement of the 1970s and 1980s, but is essentially a continuation of it. In concordance with previous megatrends, the major benefit of the sustainability revolution will be reaped by countries and companies running ahead of the curve. A new term, 'trail-blazer dependency' is introduced; by setting an example, the first-movers are opening a trail for late-comers to follow.

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