Rhetoric and Rights: Citizenship and the Politics of Persuasion

2021 ◽  
pp. 003232172110637
Author(s):  
Peter Rees
Keyword(s):  
Human Rights ◽  
Recent Work ◽  
Rhetorical Analysis ◽  
Theory And Practice ◽  
Political Situation ◽  
Political Communities

This article examines the relevance of rhetorical analysis for the theory and practice of rights-claiming. Recent work in the field of human rights proposes that what is important about rights is not what they ‘are’ but what they ‘do’. Utilising performative theory, they suggest that rights-claiming is best understood as a perlocutionary practice of persuasion. The question is, ‘How might rights claims be most persuasive?’ This article applies insights from the field of rhetoric to investigate how practices of rights-claiming by migrants in France contest French citizenship. It argues that rights claims are ethico-political negotiations of a political situation and that such practices are persuasive when they mobilise transcendent principles embedded within particular political communities. Rhetorical analysis explains how rights can be both inventive and efficacious. In so doing, this article extends the human rights literature by providing a refined rights-claiming analytic.

Rule of Law in India

2018 ◽  
Author(s):  
Harish Narasappa
Keyword(s):  
Human Rights ◽  
Dispute Resolution ◽  
Rule Of Law ◽  
Theory And Practice ◽  
The Rule Of Law ◽  
Social Challenges ◽  
Application Of Law ◽  
Primary Element ◽  
The Status ◽  
Dispute Resolution Mechanism

Rule of law is the foundation of modern democracies. It envisages, inter alia, participatory lawmaking, just and certain laws, a bouquet of human rights, certainty and equality in the application of law, accountability to law, an impartial and non-arbitrary government, and an accessible and fair dispute resolution mechanism. This work’s primary goal is to understand and explain the obvious dichotomy that exists between theory and practice in India’s rule of law structure. The book discusses the contours of the rule of law in India, the values and aspirations in its evolution, and its meaning as understood by the various institutions, identifying reason as the primary element in the rule of law mechanism. It later examines the institutional, political, and social challenges to the concepts of equality and certainty, through which it evaluates the status of the rule of law in India.

scholarly journals Thinking Systemically About Transitional Justice, Legal Systems, and Resilience

2021 ◽  
pp. 530-550
Author(s):  
Janine Natalya Clark
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
Theory And Practice ◽  
Legal Systems ◽  
Social Environments ◽  
Human Rights Abuses ◽  
Resilience Thinking ◽  
Systemic Impact ◽  
Resilience Framework ◽  
The Impact

Transitional justice refers to the set of judicial and non-judicial processes that societies may use to deal with legacies of past human rights abuses and atrocities. While the field is rapidly expanding, to date there are almost no systematic analyses of transitional justice within a resilience framework, or vice versa. The purpose of this chapter is to address that gap and to demonstrate why resilience is highly relevant for transitional justice theory and practice. It argues that resilience thinking can enhance the impact of transitional justice on the ground, by contributing to the development of more ecological approaches to dealing with the past that locate individuals within their broader social environments. The chapter also reflects on the conceptual and empirical utility of resilience as a concept that opens up a space for analyzing the wider societal and systemic impact of legal systems more generally.

scholarly journals Study of professional and emotional burnout in foreign psychological-pedagogical theory and practice

2020 ◽  
Author(s):  
Behun-Trachuk Larysa
Keyword(s):  
Human Rights ◽  
Social Activity ◽  
Theory And Practice ◽  
Empirical Methods ◽  
Professional Stress ◽  
Methodological Problems ◽  
Main Factors ◽  
Pedagogical Theory ◽  
Emotional Burnout

One of the acute problems in modern psychological and pedagogical theory and practice is the problem of emotional burnout of pedagogical workers In the process of studying emotional burnout, we first of all encounter with such general methodological problems, such as: the need to take into account all the main factors that are important for the emergence and formation of emotional burnout in a specialist, with the fact of variability of the main symptoms of emotional burnout at different stages of its formation (changes in thinking, behavior, feelings and health); taking into account probable moments in the development and formation of emotional burnout, etc. In our opinion, the following approaches can be solved by solving common methodological problems: interdisciplinary, systemic, empirical, personal-social-activity, situational. The article uses a complex of theoretical and empirical methods of analysis, systemization and generalization. Scientific understanding of foreign experience in studying the phenomenon of burnout, allowed to determine the degree of negativity of long-term professional stress, emotionally charged conditions of concert and stage activities and a large number of unforeseen situations of artistic and pedagogical interaction as a determinant of psychophysical burnout, emotional and intellectual I am a specialist. Thus, the approaches analysed in this article to the study of “emotional burnout” show that burnout manifests itself in various spheres of personality (cognitive, motivational, human rights to work), and there is a connection between burnout and exacerbation in all these areas, it seems to us important. Further research requires the development of technologies to overcome the syndrome identified by Ukrainian scientists.

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