Introduction: Does Labour Law Need Philosophical Foundations?

2018 ◽  
pp. 1-30
Keyword(s):  
Human Rights ◽  
Distributive Justice ◽  
Social Inclusion ◽  
Workplace Democracy ◽  
Labour Law ◽  
Philosophical Foundations ◽  
Central Values ◽  
The Subject ◽  
The Relationship ◽  
Normative Account

This chapter examines the relationship between labour law and its philosophical foundations. It suggests that it is essential to stand back from political compromises, which are often the subject of labour law scholarship, to consider the key attributes of the subject and its foundational goals and principles. It proposes that we need a normative account of labour law in order to assess its shortcomings and propose reforms, but also that the most important reasons for pursuing a philosophical agenda concern the continuing existence of the subject of labour law and the paradigm around which it is built. Having made the case for the importance of examining philosophical foundations, the chapter considers methodological challenges in using political theory. We finally turn to some central values that underlie labour law and which constitute the themes of this book—freedom, dignity, and human rights; distributive justice and exploitation; workplace democracy and self-determination; social inclusion—and summarise the chapters of the book.

scholarly journals Philosophical Foundations of Labour Law

2018 ◽  
Keyword(s):  
Political Philosophy ◽  
Social Inclusion ◽  
Employment Law ◽  
Self Determination ◽  
Workplace Democracy ◽  
Labour Law ◽  
Philosophical Foundations ◽  
Home Life ◽  
Gig Economy ◽  
Theories Of Justice

The book is an interdisciplinary investigation by lawyers and philosophers into the philosophical ideas, concepts, and principles that provide the foundation for the field of labour law or employment law. The book addresses doubts that have been expressed about whether a worker-protective labour law is needed at all, what should be regarded as the proper scope of the field in the light of developments such as the integration of work and home life by means of technology, the globalisation of the economy, and the precarious kinds of work that thrive in the gig economy. Paying particular attention to political philosophy and theories of justice, the contributions focus on four themes: I. Freedom, dignity, and human rights; II. Distributive justice and exploitation; III. Workplace democracy and self-determination; IV Social inclusion.

scholarly journals Identidad territorial, globalización y patrimonio

2021 ◽  
Author(s):  
Roberto Goycoolea-Prado ◽  
Laura Susana Zamudio-Vega ◽  
Ainhoa Amaro-García ◽  
Ana María Sosa-González ◽  
Leonardo Barci-Castriota ◽  
...  
Keyword(s):  
Public Policy ◽  
Human Rights ◽  
Conceptual Framework ◽  
Applied Research ◽  
Historical Memory ◽  
Field Work ◽  
The Gaze ◽  
Built Heritage ◽  
The Subject ◽  
The Relationship

This book analyzes the relationship between the three concepts that give shape to its name, with the particular purpose of examining the impacts that globalization has brought on the built heritage. It seeks to explore the possible paths that, for academic reflection, applied research or public policy, could be derived from the reflections that bring together the gaze of numerous researchers fromdifferent countries. In this regard, the work offers a conceptual framework from where it has been addressed the phenomenon, and from which issues such as the community thinking; the socio-spatial conflicts generated by tourism; the relationship between identity and historical memory, as well as between heritage and human rights; tensions and dilemmas about identity and heritage that globalization brings and, finally, the theme that is called at work,"situated thinking”, as a condition when studying and understanding what in front of the subject it happens in every context. Approach from which cases in Spain, Portugal, Italy, Colombia, Peru, Ecuador, Brazil, Uruguay, Argentina, Mexico, Croatia and, among others, Turkey are analyzed. The latter country, where researchers carried out field work that, together with the explorations in other contexts, allowed to contrast theory with practice and extrapolate from this point their conclusions.

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.

Hindu worldviews

2021 ◽  
Author(s):  
Liane Wobbe
Keyword(s):  
Special Relationship ◽  
Philosophical Foundations ◽  
The Third ◽  
Hindu Religion ◽  
The World ◽  
Religious Cult ◽  
The Subject ◽  
The Relationship ◽  
First Offers

In Hinduism, animals are generally given great importance, which extends to religious worship; humans and animals have a special relationship to one another according to Hindu ideas, which is the subject of this treatise. To explain these in more detail, the author first offers an exemplary look into the understanding of the essence of humans and animals by explaining some important theological-philosophical foundations and terms of the Hindu religion and describing how the eternal divine, called brahman, relates to the world of matter, to humans and to animals. According to the idea, the divine self is the epitome of all living beings, so that the animals also have a soul which, out of respect for the divine, is to be treated with respect and dignity like humans. With this, Hinduism formulates a special animal ethic which, as the second chapter illustrates, considers humans and animals together, since both are, as it were, integrated into the rebirth cycle and subject to the principle of karma. Another aspect of the relationship between humans and animals is shown in the religious cult of the Hindus, which is the subject of the third and final chapter. Here the author goes into the numerous mythological and iconographic depictions of animals that are worshiped as symbols of the divine and that can ultimately also be understood as signs of the substantial bond between humans and animals.

Social Inclusion for Labour Law: Meeting Particular Scales of Justice

2018 ◽  
pp. 287-305 ◽  
Author(s):  
Einat Albin
Keyword(s):  
Social Inclusion ◽  
Labour Law ◽  
Economic Parameters ◽  
Inclusion Theory ◽  
Socially Excluded ◽  
Normative Account

Social inclusion is argued to be a central foundation of labour law. However, scholarly contributions referring to this notion have not yet questioned what the normative account of social inclusion as a foundation of labour law should be. They base their arguments on various normative accounts—some on the account of minimum welfare; others on broader accounts that include voice and personal fulfilment—without seriously addressing the question at hand. But this question is highly pressing, given that numerous workers who are socially excluded according to socio-economic parameters are also located outside the confines of labour law or experience what Sen has termed as ‘unfavourable inclusion’. This chapter offers an account of social inclusion based on Nancy Fraser’s Scales of Justice, claiming that it should entail recognition, fair redistribution, and meaningful representation. It stresses that this account is in line with both social inclusion theory and with labour law, and shows how it captures the lives of various workers, including those who are in most need of such inclusion.

Canada's Legal Revolution: Judging in the Age of the Charter of Rights

1994 ◽  
Vol 28 (4) ◽  
pp. 579-588
Author(s):  
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Basic Information ◽  
Legal Process ◽  
Canadian Charter ◽  
The Subject ◽  
Fundamental Law ◽  
Fundamental Rights And Freedoms ◽  
The Relationship

I have been asked to speak to you about judging in the age of the Canadian Charter of Rights and Freedoms, with particular reference to remedies under the Charter. You will understand, I am sure, that my treatment of the subject will necessarily be in the nature of an overview.Stated broadly, I will be suggesting to you that the introduction of the Charter in Canada has required a fundamental reappraisal of how judges approach their tasks, of the processes that are employed and of the relationship between the judicial and legislative branches of government.Before developing these two propositions, however, I should first give you some basic information about our Charter; to those for whom this is very familiar ground, I apologize and promise brevity.The Canadian Charter of Rights and Freedoms, which was adopted by Canada in 1982, has one main animating principle from which flows one corollary. The animating principle is that certain human rights and freedoms should be part of the fundamental law of the land. The corollary is that when there is a dispute about the application or the meaning of these fundamental rights and freedoms, it is the responsibility of the courts in Canada to define and apply them through the legal process.

On the Philosophical Foundations of Human Rights

2019 ◽  
Vol specjalny (XIX) ◽  
pp. 85-105
Author(s):  
Tomasz Ćwiertniak
Keyword(s):  
Human Rights ◽  
Human Person ◽  
Negative Consequences ◽  
Philosophical Reflection ◽  
Philosophical Foundations ◽  
Different Cultures ◽  
The Relationship ◽  
Practical Implications ◽  
Excessive Number

This article presents the basic problems surrounding the question of philosophical justification of human rights. In the first part of this paper, the Author points out the deficit of philosophical reflection both in modern discourse on human rights, and within the legal sphere. This deficit leads to a series of negative consequences, such as 1) an excessive number of rights considered to be inalienable and inherent, which results in a depreciation of their importance (the problem of the „inflation” of rights); 2) the ideological entanglement of human rights; and 3) aseverance of the relationship between rights and duties. At the same time, there is much controversy currently surrounding the cathegory of human person and his/her dignity. This issue – which carries with it serious practical implications – demonstrates the necessity of in-depth philosophical reflection on the ontological and antrophological foundations of human rights, understood as an ethical minimum that can be accepted by people of different cultures and worldviews.

The Impact of Law on Coronary Heart Disease: Some Preliminary Observations on the Relationship of Law to “Normalized” Conditions

2002 ◽  
Vol 30 (4) ◽  
pp. 608-620 ◽  
Author(s):  
Wendy E. Parmet
Keyword(s):  
Public Health ◽  
Coronary Heart Disease ◽  
Human Rights ◽  
Heart Disease ◽  
Drug Abuse ◽  
Marginalized Communities ◽  
The Subject ◽  
Relationship Of ◽  
The Impact ◽  
The Relationship

The relationship between law and a population’s health is complex and poorly understood. To the extent that scholarship exists on the subject, it has usually focused on epidemics that are concentrated in relatively vulnerable, marginalized communities. Often, individual behaviors are assumed to play a major role in the epidemiology of these diseases. Perhaps, as a result, these illnesses become stigmatized and the object of coercive laws, which in turn become the subject of litigation, legal debate, and ultimately scholarly analysis. Thus, to the extent that U.S. legal scholars have thought about public health in the last 30 years (and they seldom have), they have generally done so in the context of tuberculosis (TB), intravenous drug abuse, and a handful of similar conditions. Likewise, Jonathan Mann’s own appreciation of the importance of human rights to public health emerged in the wake of his work with HIV, which is perhaps the prototypical stigmatized disease.

scholarly journals Comunicación alternativa, herramienta para la inclusión social de las personas en condición de discapacidad

2017 ◽  
Vol 22 (1) ◽  
pp. 1
Author(s):  
María Del Rocío Deliyore-Vega
Keyword(s):  
Social Inclusion ◽  
Communication Barriers ◽  
Equal Opportunities ◽  
Alternative Communication ◽  
Right To Education ◽  
The Social ◽  
The Subject ◽  
Alternative And Augmentative Communication ◽  
Inclusive Processes ◽  
The Relationship

In a mainly oral society, those who use alternative forms of communication tend to be marginalized, and this limits equal opportunities. Therefore, this article is based on qualitative documentary research in which the problem posed determines how access to alternative and augmentative communication affects the social inclusion of people with disabilities. The objective is to determine the relationship existing between the theoretical assumptions about inclusive processes and their connection with alternative communication. To achieve this objective, the paper offers a compilation of updated sources on the subject the main researchers in the field have proposed. Subsequently, the contents involved are related using a conceptual scheme. Finally, an analysis of the data is carried out to achieve the proposed research objective. As a result, it was found that both national and international legislation, as well as research and pedagogical currents, promote equal opportunities and the inclusion of the population with disabilities. In spite of this situation, even people with communication barriers still do not have adequate access to dialogue. Results show that alternative communication is an indispensable right for a process of learning; however, students with communication barriers still attend classes without resources allowing their participation. It is also shown that there can be no learning without communication. Thus, the population with communication barriers that attend the classes without an assisted resource sees not only its right to expression violated, but also their right to education.

scholarly journals Modern teaching on the rights and freedoms of human and citizen

2021 ◽  
Vol 66 (3) ◽  
pp. 349-360
Author(s):  
D. G. Vasilevich
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Classification Problem ◽  
Fourth Generation ◽  
The Past ◽  
Current Period ◽  
History Of ◽  
The Subject ◽  
The Relationship

The article examines the doctrine of the rights and freedoms of man and citizen. The connection between the theory of human rights and freedoms and the history of the development of society is traced. The works of thinkers of the past are analyzed. The dynamics of views on the development of rights and freedoms is shown. Special attention is focused on two basic concepts of rights and freedoms – natural-legal and positivist, the general and special in their content are highlighted. Both of these concepts consider human rights as a certain view of the world outlook, worldview, which are based on the principle of humanism, and also as a system of humanistic values that determine relationships in society. Attention is drawn to the essential features of human rights. A brief analysis of three generations of human rights is carried out. It is emphasized that this classification is classical. However, new times force us to look at the classification problem in a new way. The classification of human and civil rights allows you to see their evolution, the historical connection of times, the general trend of development. The conclusion is substantiated that in the current period of human development, taking into account the achievements of science, primarily biomedicine, we can talk about the fourth generation of human rights, the socalled somatic rights. In this century, the focus on somatic human rights has become a feature. They increasingly occupy the attention of international organizations, become the subject of discussion at the national and international levels, since through their prism the nature of the relationship between a person and a state is assessed.

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