Private property and human rights: A mismatch in the 21st century?

2013 ◽  
Vol 22 ◽  
pp. S85-S101 ◽  
Author(s):  
Harvey M. Jacobs
Keyword(s):  
Human Rights ◽  
21St Century ◽  
Private Property

scholarly journals The ancient Roman ius vitae ac necis (the right to life and death) and modern abuse of women (femicide)

2020 ◽  
Vol 54 (2) ◽  
pp. 693-708
Author(s):  
Nataša Deretić
Keyword(s):  
Human Rights ◽  
21St Century ◽  
Social Order ◽  
Family Members ◽  
Right To Life ◽  
Life And Death ◽  
Male Sex ◽  
Gender Based ◽  
The Right ◽  
Abuse Of Women

This paper attempts to answer the question as to whether the right to "life and death" of a woman (ius vitae ac necis) at the hands of male family members or partners is indeed a timeless category. Is it possible that in Serbia of the 21st century there is still a struggle to promote the "right to life" of women to the level of "basic human rights"? What contributed to the fact that the concept of innate human dignity based on "human rights", which dates back from the feudal social order, has not as yet fully come to life in Serbia as far as women are concerned. What social circumstances contributed to the Roman ius vitae ac necis to outlive centuries and take root especially in Serbia, only under a different name - that of femicide? This notion has been defined as "gender based murder of women, girls, and babies of female sex by persons of the male sex". The murderers in cases of femicide include partners (ex / current, spouses or extramarital), family members or relatives: father, father-in-law, son, son-in-law, etc. Both expert and general public wander whether enforcing more stringent norms by authorities or acting towards changing the consciousness of the abusers or both at the same time, can contribute to eradicating this devastating phenomenon in the 21st century.

The Freedom to Exclude: The Case of Israeli Society

2016 ◽  
Vol 49 (2) ◽  
pp. 237-266 ◽  
Author(s):  
Michal Tamir
Keyword(s):  
Human Rights ◽  
Public Sphere ◽  
Minority Groups ◽  
Private Property ◽  
Israeli Society ◽  
Private Sphere ◽  
The Public ◽  
The Law ◽  
The Public Sphere ◽  
The Right

The phenomenon of social exclusion in Israel is a vivid demonstration of the Basic Laws' failure to fulfil their integrative role. Despite the ‘constitutional revolution’ and the Supreme Court's ongoing endeavour over the last two decades to instil a bill of rights through its jurisprudence, Israeli society has failed to fully internalise values of equality. In terms of legal jargon, individuals continue to claim and exercise ‘sole and despotic dominion’ over their private property in order to avoid contact with individuals belonging to certain minority groups. In many cases, such behaviour in the private sphere results in exclusion from the public sphere.This phenomenon is especially astonishing considering the fact that many laws in Israel apply the right of equality to the private sphere. Furthermore, the Israeli Supreme Court has developed comprehensive human rights jurisprudence applicable to the private sphere. The gap between the law in the books and the law in action illustrates that effective implementation of human rights in the private sphere cannot be achieved solely by specific legislation or by jurisprudence that is sensitive to human rights. This argument is backed by several recent bills which preserve and enforce the exclusion of minorities, particularly of Arabs, from the public sphere. These bills illustrate that exclusion is indeed a growing phenomenon in Israeli society that cannot be overlooked. Moreover, they underscore the urgent need to entrench a direct obligation to apply human rights to the private sphere at the constitutional level. This will be achieved only when Israel adopts a full constitution.

In Defense of Productive Human Rights

2018 ◽  
Author(s):  
Bas van der Vossen ◽  
Jason Brennan
Keyword(s):  
Human Rights ◽  
Private Property ◽  
Human Life ◽  
Theory And Practice ◽  
Individual Rights ◽  
Theory Of Justice ◽  
Freedom Of Contract ◽  
The Right

The chapter defends economic liberties such as the right to private property and freedom of contract as basic human rights, which the authors refer to as productive human rights. Despite being largely ignored or criticized in the theory and practice of human rights, they serve all the key functions that human rights generally serve. Using a basic interest framework, the chapter show that productive rights qualify as human rights because they both directly serve the interests of individual rights-holders, as well as the interests of people across the societies in which they are upheld. The chapter concludes by reflecting on the theoretical implications of a theory of justice that omits productive rights, and focuses only on things like meeting people’s needs. Such a theory will end up distorting important truths about human life and agency.

A Discussion of Kathryn Sikkink's Evidence for Hope: Making Human Rights Work in the 21st Century

2019 ◽  
Vol 17 (3) ◽  
pp. 818-819
Author(s):  
Alison Brysk
Keyword(s):  
Eighteenth Century ◽  
Human Rights ◽  
International Relations ◽  
21St Century ◽  
Individual Rights ◽  
Late Eighteenth Century ◽  
Wide Range ◽  
Late Eighteenth ◽  
Universal Human Rights

Since their emergence in the late eighteenth century, doctrines of universal individual rights have been variously criticized as philosophically confused, politically inefficacious, ideologically particular, and Eurocentric. Nevertheless, today the discourse of universal human rights is more internationally widespread and influential than ever. In Evidence for Hope, leading international relations scholar Kathryn Sikkink argues that this is because human rights laws and institutions work. Sikkink rejects the notion that human rights are a Western imposition and points to a wide range of evidence that she claims demonstrates the effectiveness of human rights in bringing about a world that is appreciably improved in many ways from what it was previously. We have invited a broad range of scholars to assess Sikkink’s challenging claims.

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