Reflecting on Durkheim and His Studies on Law through Cancellation of British Citizenship

2021 ◽  
Author(s):  
Devyani Prabhat
Keyword(s):  
Human Rights ◽  
Law And Society ◽  
Social Solidarity ◽  
The United Kingdom ◽  
Organic Solidarity ◽  
Methodological Approaches ◽  
Failure To Protect ◽  
The Individual ◽  
Citizenship Laws ◽  
Moral Evolution

Through an analysis of cancellation of citizenship laws in the United Kingdom, this chapter evaluates Durkheim’s writings on law and its links to moral evolution. It argues that Durkheim’s studies on law are complex and offer rich insights for contemporary sociolegal research. His methodological approaches are also ones that map onto modern-day sociolegal (“law and society” or “law in context”) research. However, Durkheim is overoptimistic in his view that, with time, a modern morality has emerged which venerates the sanctity of the Individual.2 In nationality deprivation cases, analysis reveals the breakdown of social solidarity and the failure to protect people from statelessness. It appears that organic solidarity of the kind that supports human rights is not always a matter of seamless moral and legal progression, contrary to Durkheim’s views.

scholarly journals Homebirthing in the United Kingdom during COVID-19

2020 ◽  
Vol 20 (3) ◽  
pp. 183-200
Author(s):  
Elizabeth Chloe Romanis ◽  
Anna Nelson
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
United Kingdom ◽  
National Health Service ◽  
Health Service ◽  
National Health ◽  
Place Of Birth ◽  
Physical And Mental Health ◽  
The United Kingdom ◽  
Failure To Protect

COVID-19 has significantly impacted all aspects of maternity services in the United Kingdom, exacerbating the fact that choice is insufficiently centred within the maternity regime. In this article, we focus on the restrictions placed on homebirthing services by some National Health Service Trusts in response to the virus. In March 2020, around a third of Trusts implemented blanket policies suspending their entire homebirth service. We argue that the failure to protect choice about place of birth during the pandemic may not only be harmful to birthing people’s physical and mental health, but also that it is legally problematic as it may, in some instances, breach human rights obligations. We also voice concerns about the possibility that in the absence of available homebirthing services people might choose to freebirth. While freebirthing (birthing absent any medical or midwifery support) is not innately problematic, it is concerning that people may feel forced to opt for this.

scholarly journals Socio-Legal Studies in Germany and the UK: Theory and Methods

2020 ◽  
Vol 21 (7) ◽  
pp. 1309-1317
Author(s):  
Jennifer Hendry ◽  
Naomi Creutzfeldt ◽  
Christian Boulanger
Keyword(s):  
United Kingdom ◽  
Law And Society ◽  
Special Issue ◽  
Legal Studies ◽  
The Third ◽  
Academic Cultures ◽  
The United Kingdom ◽  
Institutional Contexts ◽  
Methodological Approaches ◽  
The Uk

AbstractThis Special Issue considers the situated and contextualized development of socio-legal, or law and society, scholarship within two materially different legal and academic cultures, namely Germany and the United Kingdom, with a view to achieving a better understanding of why and how such differences in understanding and practice have arisen. The contributions are grouped into three themes. The first reflects upon the influence of institutional contexts and scholarly traditions in terms of the development of those approaches that come under the banner of socio-legal studies. The second features contributions that adopt a comparative perspective in terms of selected areas of law, pointing to notably different approaches taken in Germany and the UK, and considering the development of these respective situations. The third looks at the key contemporary trends, theoretical applications, and methodological approaches taken within both countries’ socio-legal academic contexts.

Tourism as a Tool for the Fulfilment of the Rights to Rest and Leisure Enshrined in Article No. 24 of the Universal Declaration of Human Rights

2019 ◽  
Vol 76 (3-4) ◽  
pp. 180-188
Author(s):  
Bianca Nicla Romano
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Universal Declaration ◽  
Title V ◽  
Negative Consequences ◽  
Real Right ◽  
Right To Work ◽  
The Individual ◽  
The Right ◽  
Italian Constitution

Art. 24 of the 1948 Declaration of Human Rights recognises and protects the right of the individual to rest and leisure. This right has to be fully exercised without negative consequences on the right to work and the remuneration. Tourism can be considered one of the best ways of rest and leisure because it allows to enrich the personality of the individual. Even after the reform of the Title V this area is no longer covered by the Italian Constitution, the Italian legal system protects and guarantees it as a real right, so as to get to recognize its existence and the consequent compensation of the so-called “ruined holiday damage”. This kind of damage has not a patrimonial nature, but a moral one, and the Tourist-Traveler can claim for it when he has not been able to fully enjoy his holiday - the essential fulcrum of tourism - intended as an opportunity for leisure and/or rest, essential rights of the individual.

THE METHODS OF A RESEARCH OF PROCESSES OF SPONTANEOUS SOCIALIZATION BASED ON NONCLASSICAL APPROACH

2020 ◽  
Vol 22 (12) ◽  
pp. 34-38
Author(s):  
Abashina A.D.
Keyword(s):  
Methodological Approach ◽  
Social Situation ◽  
Subject Domain ◽  
Child Research ◽  
Research Problems ◽  
Internet Environment ◽  
Anthropological Approach ◽  
Research Complex ◽  
Methodological Approaches ◽  
The Individual

Relevance and statement of a problem. Now processes of socialization of younger generation undergo profound changes. They are characterized by transformation of space-time characteristics – narrowing of the field purposeful, expansion of processes of spontaneous socialization. At the same time the methodological approaches and methods of a research aimed at the analysis of the static phenomena applied in pedagogics become insufficient for a research of chaotic processes. There is a need for search of methodology and methods of a research within which the analysis of processes of spontaneous socialization of modern children and teenagers is possible. Research search shows that the solution of this task is possible on the basis of nonclassical methodological approach. Research objective: identification of opportunities of nonclassical methodology for a research of processes of spontaneous socialization of the modern child. Research problems: representation of the methods in logic of nonclassical methodology aimed at the analysis of these processes. Object and subject of research: the situation of development of the child which is characterized by experiences concerning the relations and readiness for an exception of social interaction in various spheres of activity and immersion in the Internet environment. Subject domain of a research: complex of the relations which are the cornerstone of purposeful and spontaneous socialization of the teenager. Research methodology - nonclassical (anthropological) approach. Research materials. In the course of work on a problem the research methods based mainly on the individual and communicative practicians aimed at the analysis of experiences and communication of the child were developed. Results of a research. The qualitative methods based nonclassical approach will allow to understand not only experiences of the child, but also as negative trends under what conditions they lead to break in relations and to search of significant network contacts that is under what conditions processes of purposeful socialization are weakened collect in his social situation of development, extend borders of socialization spontaneous.

Ummah’s Rights or Human Rights? Universalism, Individualism, and Islamic Ethics in the Twenty-first Century

2010 ◽  
Vol 27 (3) ◽  
pp. 1-23 ◽  
Author(s):  
Marie-Luisa Frick
Keyword(s):  
Human Rights ◽  
First Century ◽  
The Other ◽  
Moral Code ◽  
Bill Of Rights ◽  
Islamic Ethics ◽  
Specific Content ◽  
Societal Needs ◽  
The One ◽  
The Individual

Against the background of the trend of Islamizing human rights on the one hand, as well as increasing skepticism about the compatibility of Islam and human rights on the other, I intend to analyze the potential of Islamic ethics to meet the requirements for vitalizing the idea of human rights. I will argue that the compatibility of Islam and human rights cannot be determined merely on the basis of comparing the specific content of the Islamic moral code(s) with the rights stipulated in the International Bill of Rights, but by scanning (different conceptions of) Islamic ethics for the two indispensable formal prerequisites of any human rights conception: the principle of universalism (i.e., normative equality) and individualism (i.e., the individual enjoyment of rights). In contrast to many contemporary (political) attempts to reconcile Islam and human rights due to urgent (global) societal needs, this contribution is solely committed to philosophical reasoning. Its guiding questions are “What are the conditions for deriving both universalism and individualism from Islamic ethics?” and “What axiological axioms have to be faded out or reorganized hierarchically in return?”

To Discriminate in Order to Fight Discrimination

2017 ◽  
Author(s):  
Dolores Morondo Taramundi
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
The Other ◽  
The United Kingdom ◽  
European Court ◽  
Main Technique ◽  
Antidiscrimination Law ◽  
The One ◽  
Paradoxical Results ◽  
Conflicts Of Rights

This chapter analyses arguments regarding conflicts of rights in the field of antidiscrimination law, which is a troublesome and less studied area of the growing literature on conflicts of rights. Through discussion of Ladele and McFarlane v. The United Kingdom, a case before the European Court of Human Rights, the chapter examines how the construction of this kind of controversy in terms of ‘competing rights’ or ‘conflicts of rights’ seems to produce paradoxical results. Assessment of these apparent difficulties leads the discussion in two different directions. On the one hand, some troubles come to light regarding the use of the conflict of rights frame itself in the field of antidiscrimination law, particularly in relation to the main technique (‘balancing of rights’) to solve them. On the other hand, some serious consequences of the conflict of rights frame on the development of the antidiscrimination theory of the ECtHR are unearthed.

Contemporary Developments Relating to the Inviolability of Mission Premises

2017 ◽  
Author(s):  
Juan E Falconi Puig
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Urban Planning ◽  
National Security ◽  
Direct Consequence ◽  
Access To Justice ◽  
Controversial Issues ◽  
The United Kingdom ◽  
Domestic Legislation

This chapter addresses some of the controversial issues relating to the inviolability of mission premises. The Yvonne Fletcher incident of 1984 led to debates about the need to upgrade or reform the VCDR in that regard; and the United Kingdom, as a direct consequence of the incident, adopted the ‘Diplomatic and Consular Premises Act 1987’ to be able to adopt unilateral measures to remove premises immunity where threats to national security, to public integrity and/or the need of urban planning exist. Domestic legislation of this kind, however, also provides ground for conflicts with the VCDR. This chapter explores conflicts between property immunity and issues such as access to justice, human rights, and terrorism and examines ways of overcoming such difficulties through mechanisms which safeguard diplomatic privileges and immunity to allow the pursuit of diplomatic functions.

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