‘It is not good for the person to be alone’: The capabilities approach and the right to communicate

2021 ◽  
pp. 135485652110225
Author(s):  
Amit M Schejter
Keyword(s):  
Free Speech ◽  
Information Privacy ◽  
Capabilities Approach ◽  
Access To Information ◽  
Traditional Media ◽  
Media Technologies ◽  
Human Capability ◽  
Good For ◽  
Right To Communicate ◽  
The Right

For decades, attempts have been made to define a ‘right to communicate’. The rise of media technologies, which are characterized by abundance of channels and information, interactivity, mobility, and multimediated messaging, has allowed to rethink this right in a context converging traditional media and telecommunications and referring to communicating as an essential human capability. Applying Amartya Sen’s capabilities approach to communications, we argue that communicating is a capability required to realize such functionings as participating in political, cultural, social, educational, and commercial life and is essential to promote belonging to a collective. The ‘negative’ right to free speech should be replaced by a positive right to communicate, which should include free speech, access to information, privacy, and utilization of communications in order to belong to a community.

THE STATE OF OPEN ACCESS ADOPTION IN LEGAL SCHOLARLY COMMUNICATION: AN ANALYSIS OF SELECTED OPEN ACCESS RESOURCES

Mousaion ◽  
2016 ◽  
Vol 34 (1) ◽  
pp. 83-100
Author(s):  
Solomon Bopape
Keyword(s):  
South Africa ◽  
Open Access ◽  
Open Access Publishing ◽  
The Internet ◽  
Free Access ◽  
Access To Information ◽  
Legal Information ◽  
Scholarly Literature ◽  
Open Access Resources ◽  
The Right

The study of law focuses, among other aspects, on important issues relating to equality, fairness and justice in as far as free access to information and knowledgeis concerned. The launching of the Open Access to Law Movement in 1992, the promulgation of the Durham Statement on Open Access to Legal Scholarshipin 2009, and the formation of national and regional Legal Information Institutes (LIIs) should serve as an indication of how well the legal world is committed to freely publishing and distributing legal information and knowledge through the Internet to legal practitioners, legal scholars and the public at large aroundthe world. In order to establish the amount of legal scholarly content which is accessible through open access publishing innovations and initiatives, this studyanalysed the contents of websites for selected open access resources on the Internet internationally and in South Africa. The results of the study showed that there has been a steady developing trend towards the adoption of open access for legal scholarly literature internationally, while in South Africa legal scholarly literature is under the control of commercial publishers. This should be an issue for the legal scholarship which, among its focus, is to impart knowledge about the right of access to information and knowledge.

1. Controversial Speakers, Moral Disagreements, and the Middlebury Moment

2019 ◽  
Vol 1 (2) ◽  
pp. 1-27
Author(s):  
Ashley Floyd Kuntz
Keyword(s):  
Higher Education ◽  
Free Speech ◽  
Moral Epistemology ◽  
Democratic Society ◽  
College Campuses ◽  
Institutions Of Higher Education ◽  
Student Protests ◽  
Free Inquiry ◽  
The Right

Abstract Student protests have developed on campuses throughout the country in response to controversial speakers. Overwhelmingly, these protests have been framed as conflicts over the right to free speech and the importance of free inquiry on college campuses. This essay reframes conflicts like these as moral disagreements over the role of individuals and institutions in producing and disseminating knowledge that supports or undermines justice within a pluralistic, democratic society. Using the specific case of Charles Murray’s visit to Middlebury College in spring 2017 and drawing insight from social moral epistemology, the essay aims to clarify the moral concerns at stake in clashes over controversial speakers and to identify possibilities to advance the moral aims of institutions of higher education in response to such events.

The Dynamic Free Speech Clause

2018 ◽  
Author(s):  
Timothy Zick
Keyword(s):  
Free Speech ◽  
Constitutional Rights ◽  
Relational Dynamics ◽  
Free Exercise ◽  
Second Amendment ◽  
The Press ◽  
The Common ◽  
Rights Discourse ◽  
The Right ◽  
Speech Clause

This book examines the relational dynamics between the U.S. Constitution’s Free Speech Clause and other constitutional rights. The free speech guarantee has intersected with a variety of other constitutional rights. Those intersections have significantly influenced the recognition, scope, and meaning of rights ranging from freedom of the press to the Second Amendment right to bear arms. They have also influenced interpretation of the Free Speech Clause itself. Free speech principles and doctrines have facilitated the recognition and effective exercise of constitutional rights, including equal protection, the right to abortion, and the free exercise of religion. They have also provided mediating principles for constructive debates about constitutional rights. At the same time, in its interactions with other constitutional rights, the Free Speech Clause has also been a complicating force. It has dominated rights discourse and subordinated or supplanted free press, assembly, petition, and free exercise rights. Currently, courts and commentators are fashioning the Second Amendment right to keep and bear arms in the image of the Free Speech Clause. Borrowing the Free Speech Clause for this purpose may turn out to be detrimental for both rights. The book examines the common and distinctive dynamics that have brought free speech and other constitutional rights together. It assesses the products and consequences of these intersections, and draws important lessons from them about constitutional rights and constitutional liberty. Ultimately, the book defends a pluralistic conception of constitutional rights that seeks to leverage the power of the Free Speech Clause but also to tame its propensity to subordinate, supplant, and eclipse other constitutional rights.

Fellow Creatures

2018 ◽  
Author(s):  
Christine M. Korsgaard
Keyword(s):  
The Other ◽  
Moral Standing ◽  
Human Beings ◽  
Good For ◽  
Treat All ◽  
The Right ◽  
The Relationship

This book argues that we are obligated to treat all sentient animals as “ends in themselves.” Drawing on a theory of the good derived from Aristotle, it offers an explanation of why animals are the sorts of beings who have a good. Drawing on a revised version of Kant’s argument for the value of humanity, it argues that rationality commits us to claiming the standing of ends in ourselves in two senses. As autonomous beings, we claim to be ends in ourselves when we claim the standing to make laws for ourselves and each other. As beings who have a good, we also claim to be ends in ourselves when we take the things that are good for us to be good absolutely and so worthy of pursuit. The first claim commits us to joining with other autonomous beings in relations of reciprocal moral lawmaking. The second claim commits us to treating the good of every sentient animal as something of absolute importance. The book also argues that human beings are not more important than, superior to, or better off than the other animals. It criticizes the “marginal cases” argument and advances a view of moral standing as attaching to the atemporal subjects of lives. It offers a non-utilitarian account of the relationship between the good and pleasure, and addresses questions about the badness of extinction and about whether we have the right to eat animals, experiment on them, make them work for us, and keep them as pets.

PERSECUTION AND THE ART OF FREEDOM: ALEXIS DE TOCQUEVILLE ON THE IMPORTANCE OF FREE PRESS AND FREE SPEECH IN DEMOCRATIC SOCIETY

2020 ◽  
Vol 37 (2) ◽  
pp. 190-208
Author(s):  
Khalil M. Habib
Keyword(s):  
Free Speech ◽  
Freedom Of Speech ◽  
Freedom Of The Press ◽  
Alexis De Tocqueville ◽  
Free Society ◽  
Free Press ◽  
Constituent Element ◽  
The Press ◽  
The Right ◽  
Shed Light

AbstractAccording to Tocqueville, the freedom of the press, which he treats as an extension of the freedom of speech, is a primary constituent element of liberty. Tocqueville treats the freedom of the press in relation to and as an extension of the right to assemble and govern one’s own affairs, both of which he argues are essential to preserving liberty in a free society. Although scholars acknowledge the importance of civil associations to liberty in Tocqueville’s political thought, they routinely ignore the importance he places on the freedom of the press and speech. His reflections on the importance of the free press and speech may help to shed light on the dangers of recent attempts to censor the press and speech.

scholarly journals Test-Retest Reliability of Isokinetic Knee Strength Measurements in Type 2 Diabetes Mellitus Patients

2021 ◽  
Vol 13 (3) ◽  
pp. 1343
Author(s):  
José Carmelo Adsuar ◽  
Jose Parraca ◽  
Armando Raimundo ◽  
Miguel Angel Garcia-Gordillo ◽  
Patricia Polero ◽  
...  
Keyword(s):  
Diabetes Mellitus ◽  
Type 2 Diabetes ◽  
Type 2 Diabetes Mellitus ◽  
Peak Torque ◽  
Total Sample ◽  
Good For ◽  
The Right ◽  
Test Retest Reliability ◽  
Standard Error Of Measurement

Background: Reliability studies are used to verify the evaluation accuracy of a given device. Strength is an important factor for the development of daily activities and its correct management is fundamental. The objective of this study was to examine the reliability of a concentric strength test in people with type 2 diabetes mellitus (T2DM). Methods: Twenty-seven individuals with T2DM performed three repetitions of extension-flexion in concentric-concentric action at 60°/s, for both legs, using an isokinetic dynamometer. For the reliability analysis, we performed an intra-session test retest. Results: The total sample and men sub-group intra-class correlation coefficient (ICC) values were excellent for peak torque and work. In the women sub-group, ICC values were excellent for extensors in both peak torque and work; however, concerning flexor, the ICC values were good for peak torque while, for work, they were good for the right leg and moderate for the left leg. Standard error of measurement (SEM) percentage oscillated from 3.85% to 6.80%, with the smallest real difference (SRD) percentage being from 10.66% to 18.86% for peak torque. Furthermore, the SEM (%) was around 5.5% and SRD (%) was around 15% for work. Conclusions: The isokinetic dynamometry had “good” to “excellent” relative reliability for peak torque (0.862–0.983) and work (0.744–0.982) of extension-flexion in concentric-concentric action at 60°/s. In addition, our study showed that, in general, an SRD < 20% could indicate a true change in strength regarding this protocol in T2DM.

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