The Limits of Human Rights in a Moving World—Elements of a Dynamic Approach

2019 ◽  
pp. 331-344
Author(s):  
Mireille Delmas-Marty

This contribution discusses the limits to the ideal of human rights in the context of a triple dynamic: the reason of State and its limits; the ecological reason and its call to protect the planet and the ecosystem; and the techno-scientific reason as a supreme reason which ultimately could lead to the refusal of any limit. It suggests that if we consider human rights as a dynamic and transformative process and not as a static concept, these rights remain the counterpoint to the derailments of globalization. They seem more than ever necessary for the emergence of a truly common law. If the interplays of limits are well defined, human rights would make this truly common law more flexible by giving it a variable content within limits which allows it to adapt better to the diversity of the real world.

Leonardo ◽  
2008 ◽  
Vol 41 (4) ◽  
pp. 418-419 ◽  
Author(s):  
Caitlin Jones ◽  
Lizzie Muller

This paper describes a new approach to documenting media art which seeks to place in dialogue the artist's intentions and the audience's experience. It explicitly highlights the productive tension between the ideal, conceptual existence of the work, and its actual manifestation through different iterations and exhibitions in the real world. The paper describes how the approach was developed collaboratively during the production of a documentary collection for the artwork Giver of Names, by David Rokeby. It outlines the key features of the approach including artist's interview, audience interviews and data structure.


2019 ◽  
Vol 26 (3) ◽  
pp. 31-46
Author(s):  
Krzysztof Wałczyk

Nikifor Krynicki (Epifaniusz Drowniak, 1895-1968) was one of the most popular non-academic Polish painters worldwide. To show the biblical inspiration in his creative output I chose two categories from various thematic aspects: self-portraits and landscapes with a church. There are plenty of Nikifor’s paintings showing him as a teacher, as a celebrating priest, as a bishop, or even as Christ. A pop­ular way to explain this idea of self-portraits is a psychological one: as a form of auto-therapy. This analysis is aims to show a deeper expla­nation for the biblical anthropology. Nikifor’s self-portraits as a priest celebrating the liturgy are a symbol of creative activity understood as a divine re-creation of the world. Such activity needs divine inspira­tion. Here are two paintings to recall: Potrójny autoportret (The triple self-portrait) and Autoportret w trzech postaciach (Self-portrait in three persons). The proper way to understand the self-identification with Christ needs a reference to biblical anthropology. To achieve our re­al-self we need to identify with Christ, whose death and resurrection bring about our whole humanity. The key impression we may have by showing Nikifor’s landscapes with a church is harmony. The painter used plenty of warm colors. Many of the critics are of the opinion that Nikifor created an imaginary, ideal world in his landscapes, the world he wanted to be there and not the real world. The thesis of this article is that Nikifor created not only the ideal world, but he also showed the source of the harmony – the divine order.


Author(s):  
Melissa Anne-Marie Curley

Abbot Kōnyo’s pastoral letter of 1871 codifies an understanding of the Pure Land as a transcendent realm, attainable only after death, and of faith as a private matter of the heart. This understanding is valuable as a way of negotiating a place for Shinshū in the regime of the modern nation-state. Early Meiji thinkers like Shimaji Mokurai rely on this understanding of religion as internal in arguing for the separation of church and state. Shinshū reformer Kiyozawa Manshi pushes this focus on interiority to its limit, destabilizing the complementary relationship between the Buddhist law and the imperial law that his predecessors sought to secure. During the Taishō, Kiyozawa’s disciple Kaneko Daiei attempts to rearticulate the connection between the ideal Pure Land and the real world, while the Honganji-ha thinker Nonomura Naotarō argues that it is time for the Pure Land tradition to set aside the myth of the Western Paradise.


2017 ◽  
Vol 25 (4) ◽  
pp. 382-401 ◽  
Author(s):  
Argha Ray ◽  
Anjali Kaushik

Purpose Cyberspace is a virtual environment where instantaneous communications are initiated and consumed using computer networks without any natural or artificial boundaries. These communications are not only an exchange of information but also a catharsis on the socio-political environment of the real world. This explosion of electronic expression is often detrimental to the traditional secretive maneuvers of nation states and the exercise of its power. Unable to come to terms with the new reality nation states through legislative action or otherwise attempt to assert its sovereignty in the space that has no political and societal boundaries. This may lead to an encroachment on basic human rights that often have constitutional guarantees in the real world but may be violated in the online milieu. This paper aims to investigate this issue in detail and evaluate whether nation states are using cyber-security as a propaganda tool to transgress on electronic expression. Design/methodology/approach The Website of the UN Office of the High Commissioner for Human Rights states “In December 2013, the United Nations General Assembly adopted resolution 68/167, which expresses deep concern at the negative impact that surveillance and interception of communications may have on human rights”. It further says “The General Assembly called on all States to review their procedures, practices and legislation related to communications surveillance, interception and collection of personal data and emphasized the need for States to ensure the full and effective implementation of their obligations under international human rights law”. With this development, this paper seeks to unravel the role of nation states in using cybersecurity as a propaganda tool by raising the specter of threat to national security and economic wellbeing. The paper is based on exploratory research with data compilation from secondary sources. To collect data, various research papers, books and journals have been referenced and data available in public domain has been accumulated. Findings This paper has tried to unravel state action on cyberspace which often runs counter to the concept of civil liberties. It indicates that in terms of both national security and economic impact, cybercrime represent a very nominal threat vector. Also, cybercrime as compared with other forms of crime is again nominal. Finally, cyber laws and policies of different countries need to be more nuanced such as to allow space for civil liberties. Overall, the propaganda surrounding the malaise of cybercrime seems to be more hype than real. We already have examples of countries who have transgressed into electronic expression in cyber space. Therefore, UN has a valid reason to raise a red flag on this unfolding issue. Originality/value This paper was published at 21st Americas Conference of Information Systems held at Puerto Rico, USA, between August 13-15, 2015 (AMCIS, 2015). The authors of this paper seek review by Editors of the Journal for Republication of original work. The authors have taken cognizance of the Originality Guidelines for Emerald published at this URL www.emeraldgrouppublishing.com/authors/writing/originality.htm


2021 ◽  
Vol 3 (1) ◽  
pp. 55-66
Author(s):  
M. Miski ◽  
Lulu Fauziah Priyandini ◽  
M. Rozik Sudawam ◽  
Megawati Ayu Rahmawati Wardah ◽  
Alvian Chandra Alim

This study is intended to answer three main questions. First, how does the Z generation in Malang City responds to the use of hermeneutics as a method of interpreting the Qur'an by Muslim scholars? Second, how is the process of transmitting their knowledge about it? And third, how is the construction of their knowledge about the ideal interpretation of the Qur'an and can respond to socio-religious dynamics and phenomena? This study is a field study, while the primary respondents are Z generation in Malang City. The use of descriptive, hermeneutic, and intertext analysis models on data, the results of this study showed that there are differences conveyed by the Z generation of Malang City related to the use of hermeneutics as a method of interpretation of the Qur'an: some of them accept it, while others reject it. The transmission of their knowledge about hermeneutics also varies; most of them are correlated with social media, some are still conventional, which relies on information from teachers, and so on. This showed that generation Z of Malang city is not entirely averse to issues that tend to be controversial. Moreover, the authority for interpreting the Qur'an has not entirely shifted from the real world to cyberspace, no matter how dependent they are on the new media.


Author(s):  
Simon Deakin ◽  
Angus Johnston ◽  
Basil Markesinis

This chapter discusses issues that readers must bear in mind when encountering criticism of individual rules, decisions, and academic opinions in the remainder of the book. These are: how judicial mentality and outlook affects decision-making; academic interests and practitioners’ concerns; ivory tower neatness v. the untidiness of the real world; tort’s struggle to solve modern problems with old tools; need to reform tort law; whether liability rules are restricted because the damages rules have been left unreformed or because the relationship between liability and damages has been neglected; that tort law is, in practice, often inaccessible to the ordinary victim; and that human rights law is set to influence tort law, but this influence is likely to be gradual and indirect.


Author(s):  
Emilie M. Hafner-Burton

This chapter considers areas where reforms could make the international human rights legal system more effective and influential. In particular, it examines just what kinds of reforms are achievable in the real world along with their likely impact. Four types of reform are discussed. First are notions about how the broader public might become more aware that the system exists, and also more fully engaged with human rights legal procedures at home and internationally. Second are reforms aimed at streamlining the human rights legal system. Third is the professionalization of the system, especially the United Nations treaty bodies and Secretariat. Fourth is investing in credibility and legitimacy. The chapter concludes by outlining strategies that could increase the success of reform efforts and highlighting the limits of reform.


Author(s):  
Robert H. Swendsen

The phenomenon of irreversibility is explained on the basis of an analysis by H. L. Frisch. The history of the debate over irreversibility is briefly discussed, including Boltzmann’s H-theorem, Zermelo's Wiederkehreinwand, Poincaré recurrences, Loschmidt's Umkehreinwand and Liouville’s theorem. The derivation of irreversible behavior for the ideal gas position distribution is carried out explicitly. Using this derivation, the Wiederkehreinwand and the Umkehreinwand are revisited and explained. The first thing we must establish is the meaning of the term ‘irreversibility’. This is not quite as trivial as it might seem. The irreversible behavior I will try to explain is that which is observed. Every day we see that time runs in only one direction in the real world,.


2008 ◽  
Vol 54 (1) ◽  
pp. 69-88 ◽  
Author(s):  
Piotr Nowicki ◽  
Josef Settele ◽  
Pierre-Yves Henry ◽  
Michal Woyciechowski

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