scholarly journals Epistemic network injustice

2019 ◽  
Vol 19 (1) ◽  
pp. 83-101
Author(s):  
Kai Spiekermann
Keyword(s):  
Peer Group ◽  
Group Formation ◽  
Dynamic Network ◽  
Political Influence ◽  
Best Interest ◽  
Network Change ◽  
Information Pooling ◽  
Epistemic Peers ◽  
The Right ◽  
The Masses

To find out what is in one’s own best interest, it is helpful to ask one’s epistemic peers. However, identifying one’s epistemic peers is not a trivial task. I consider a stylized political setting, an electoral competition of ‘Masses’ and ‘Elites’. To succeed, the Masses need to know which alternative on offer is truly in their interest. To find out, the Masses can pool their privately held information in a pre-election ballot, provided that they can reliably find out with whom they should pool information. I investigate the process of finding the relevant peer group for information pooling by modelling this group formation process as dynamic network change. The simulations show that the Masses can succeed in finding the right peers, but they also suggest reasons why the Elites may often be more successful. This phenomenon generalizes to the notion of Epistemic Network Injustice. Such injustice arises when a subset of citizens is systematically deprived of connections to helpful epistemic peers, leading to their reduced political influence. Epistemic Network Injustice is a new form of epistemic injustice, related to but distinct from the notion introduced by Miranda Fricker.

Right to Parental Care

2017 ◽  
Author(s):  
Asha Bajpai
Keyword(s):  
Law Reform ◽  
Best Interest ◽  
Family Courts ◽  
Custody Of Children ◽  
The Family ◽  
Shared Parenting ◽  
The Right ◽  
A Minor ◽  
And Control ◽  
Physical Care

Custody refers to the physical care and control of a minor whereas guardianship is a wider term and includes rights and duties with respect to the care and control of minor’s person and property, and includes the right to make decisions relating to the minor. The present legal regime relating to guardianship and custody of children is discussed, including the Guardians and Wards Act, 1890, the Hindu Minority and Guardianship Act, 1956, the personal and matrimonial laws, and relevant provisions in the Family Courts Act and Protection of Women against Domestic Violence Act, 2005. The emerging concepts of shared parenting, joint custody, and the interparental child removal or abduction of child is included. There is review and analysis of some major reported judicial decisions. A comparative survey of international laws and trends has been done. Suggestions for law reform in the best interest of the child have been given.

John Stuart Mill‘s Liberal Reformism and the New Concept of Freedom, Property and Government

Diogenes ◽  
2021 ◽  
Vol 29 (2) ◽  
Author(s):  
Nikolay Alexandrov ◽  
◽  
◽  
Keyword(s):  
Industrial Revolution ◽  
Modern Times ◽  
Classical Liberal ◽  
Individualism And Collectivism ◽  
Liberal Ideology ◽  
History Of ◽  
Economic Reality ◽  
Social Liberalism ◽  
The Right ◽  
The Masses

The article is devoted to a key moment in the history of British liberalism when, under the influence of the Industrial Revolution, the need arose for a revision of classical liberal teaching. On the border between classical and social liberalism stands the figure of the British philosopher and economist John Stuart Mill who attempted to update the basic tenets of liberal ideology. Taking into account the socio-economic reality of his time, he set out to revise the foundations of liberal ideology, rethinking in modern times the problems of freedom, property and governance by expanding their perimeter in favour of the masses. This article also details Stuart Mill’s concept of individualism and collectivism in the context of freedom and the right to self-determination.

scholarly journals Family Life for Children in State Care

2020 ◽  
Vol 28 (4) ◽  
pp. 715-747
Author(s):  
Clarie Breen ◽  
Jenny Krutzinna ◽  
Katre Luhamaa ◽  
Marit Skivenes
Keyword(s):  
Family Life ◽  
Foster Parents ◽  
Limited Extent ◽  
Best Interest ◽  
Family Unit ◽  
Theoretical Literature ◽  
Biological Parents ◽  
The Family ◽  
The Status ◽  
The Right

Abstract This paper examines what set of familial circumstances allow for the justifiable interference with the right to respect for family life under Article 8, echr. We analyse all the Courts’ judgments on adoptions from care to find out what the Court means by a “family unit” and the “child´s best interest”. Our analysis show that the status and respect of the child’s de facto family life is changing. This resonates with a view that children do not only have formal rights, but that they are recognised as individuals within the family unit that states and courts must address directly. Family is both biological parents and child relationships, as well between children and foster parents, and to a more limited extent between siblings themselves. The Court’s understanding of family is in line with the theoretical literature, wherein the concept of family reflects the bonds created by personal, caring relationships and activities.

scholarly journals The Cultural Populism of Iosif I. Kablits (Yuzov) and its Foundations

2020 ◽  
Vol 19 (3) ◽  
pp. 641-653
Author(s):  
Gennadiy N. Mokshin
Keyword(s):  
Social Life ◽  
Cultural Work ◽  
Right Wing ◽  
Social Transformations ◽  
Leading Role ◽  
The People ◽  
Long Time ◽  
The One ◽  
The Right ◽  
The Masses

This article reconstructs the cultural doctrine of the famous publicist of populism (narodnichestvo), I.I. Kablits (Yuzov). To just equate Kablits views with the slogan of yuzovshchina would be a narrow interpretation of his kul'turnichestvo; the slogan is characteristic for extreme right-wing populism during the upsurge of the revolutionary populist movement (narodovol'cheskoe dvizhenie). In 1880, Kablits was the first of the legal populists to pose the question, What is populism? According to the publicist, true narodnichestvo should be based on the principle that the forms of public life of the people must be in conformity with the development level of their consciousness. The author explains Kablits evolution from Bakunism to a peasant-centered narodnichestvo by his interpretation of the reasons for the split between the intelligentsia and the people. Kablits considered them antagonists, and defined the ultimate goal of the narodniki as the liberation of the people from the power of the intellectualbureaucratic minority, the latter supposedly trying to subjugate the life of the masses to its will. The article analyzes the main provisions of Kablits sociocultural concept of social transformations: apolitism, populism, and the initiative of the masses. The article identifies the differences between his program of developing the cultural identity of the people, on the one hand, and other populists' understanding of the tasks of cultural work, on the other. Particular attention is paid to Kablits-Yuzov's attitude towards the problem of educating the masses. Kablits was one of the few Russian populists who opposed the idea that the foundations of the worldview of the people must be changed, arguing that this would eliminate the traditional moral values of the village, including the sense of collectivism. The author assesses how Kablits, the leading publicist of the newspaper Nedelya, contributed to the establishment of a cultural direction in narodnichestvo at the turn of the 1870s and 1880s. According to the author, Kablits played a leading role in shaping the ideology of the right flank of the cultural direction in narodnichestvo. However, the pure populism of Kablits turned out to be too pseudo-scientific, dogmatic and irrational to attract the democratic intelligentsia for a long time; the latter had already become disillusioned with the idea of the people as the creator of new forms of social life.

scholarly journals Article 22: The Right to Protection for Refugee and Asylum-Seeking Children

2022 ◽  
pp. 357-367
Author(s):  
Christian Whalen
Keyword(s):  
Due Process ◽  
Hague Convention ◽  
Refugee Children ◽  
Best Interest ◽  
Human Right ◽  
Refugee Child ◽  
Residency Status ◽  
Alternative Measures ◽  
Children First ◽  
The Right

AbstractArticle 22 guarantees the substantive application of all Convention rights to the particular situation of asylum seeking and refugee children, and also guarantees them protection and assistance in advancing their immigration and residency status claims and in overcoming the hurdles posed by international migration channels, including guarantees of due process. The rights of refugee and asylum-seeking children can be analyzed in relation to four essential attributes. First of all, Article 22 insists upon appropriate protection and humanitarian assistance. Refugee children are not granted a special status under the Convention, but they are not given any lesser status. They are to be treated as children first and foremost and not as migrants per se, in the sense that national immigration policy cannot trump child rights. The basic rights to education, health, and child welfare of these children needs to be protected to the same extent, and as much as possible, as children who are nationals of the host country. The second attribute preserves the rights of refugee children not only under the Convention but under all other international human right treaties and humanitarian instruments binding on the relevant States Party. These may include, for many governments, the 1951 Refugee Convention, the Convention on the Reduction of Statelessness, the Geneva Conventions and the Hague Convention for the Protection of Minors, 1961, among others. A third attribute of Article 22 insists upon the duty to protect and assist refugee children. This entails a clear duty to provide children with appropriate due process rights throughout their asylum and refugee claims procedures, including the child’s right to be heard and participate in all the processes determining the child’s residence or immigration status, border admission, deportation, repatriation, detention, alternative measures, or placement, including best interest determination processes. The fourth and final attribute of Article 22 asserts that two basic principles should guide each activity with the refugee child: the best interests of the child and the principle of family unity.

scholarly journals Hegemony and mediations in melodrama of the Golden Age of Mexican cinema

2021 ◽  
Author(s):  
◽  
Dave Evans
Keyword(s):  
Twentieth Century ◽  
Golden Age ◽  
Lower Class ◽  
Best Interest ◽  
Contentious Issue ◽  
Mexican Cinema ◽  
The Family ◽  
Dominant Ideologies ◽  
The Masses ◽  
Revolutionary Period

<p>The influence of the mass media is a contentious issue, especially in regards to the Golden Age of Mexican Cinema in the mid-twentieth century. These melodramatic films have often been viewed by critics as instruments of hegemony. However, melodrama contains an inherent ambivalence, as it not only has a potential for imparting dominant messages but also offers a platform from which to defy and exceed the restraining boundaries imposed by dominant ideologies. An examination of a number of important Golden Age films, especially focussing on their contradictory tensions and their portrayals of modernity, illustrates this. The Nosotros los pobres series serves as an example of how melodramatic elements are incorporated into popular Mexican films and how melodrama could be used as an ideological tool to encourage the state’s goals. Similarly, the maternal melodrama Cuando los hijos se van uses the family to represent the processes of conflict and negotiation that Mexicans experienced as a result of modernization. Consistent with the reactionary nature of melodrama and its simultaneous suggestive potential, the film combines a Catholic worldview with an underlying allegory of moving forward. The issue of progress is also at the centre of a number of films starring iconic actor Pedro Infante, which offer an avenue for exploring what modernisation might mean for male identity in Mexico. His films show a masculinity in transition and how lower-class men could cope with this change. Likewise, the depiction of women in Golden Age film overall supports the stabilising goals of the 1940s Revolutionary government, while also providing some transgressive figures. Therefore, these films helped the Mexican audience process the sudden modernization of the post-Revolutionary period, which was in the state’s best interest; however, the masses were also able to reconfigure the messages of these films and find their own sense of meaning in them.</p>

scholarly journals El derecho del menor extranjero a ser escuchado y su interés superior en los procedimientos de repatriación | The Right of foreign child to be heard and the best interests of the child in the return process

2018 ◽  
pp. 1
Author(s):  
Elena Arce Jiménez
Keyword(s):  
Legal System ◽  
Migrant Children ◽  
Best Interests ◽  
Best Interest ◽  
Effective Implementation ◽  
Rights Of The Child ◽  
The Right ◽  
Return Process ◽  
Children Rights

Resumen: Las dificultades para ser escuchado del menor extranjero en cualquier procedimiento que le afecte ponen de relieve las deficiencias generales existentes en nuestro ordenamiento jurídico para hacer efectivos los derechos de los que son titulares las personas menores de edad, sean extranjeras o no. Se analiza en primer lugar el artículo 12 de la Convención de los Derechos del niño, las condiciones imprescindibles para para hacer efectivo el derecho a ser escuchado y la conexión que existe entre ese derecho y la consideración primordial de su interés superior. A continuación se hace un repaso de la regulación española de los procedimientos de repatriación de menores extranjeros no acompañados a la luz del interés superior del menor y su derecho a ser escuchado. Abstract: The current challenges that migrant children face to have their right to be heard fulfilled and respected, put in evidence the general deficiencies of our legal system ensuring  the effective enjoyment of children rights, irrespective if the children in question are migrant or not. At the outset, article12 of the Convention on the Rights of the Child and its content is analysed, including the essential requirements for an effective implementation and enjoyment of the right to be heard and its linkages with the best interest of the child as the primary consideration. An analysis of the Spanish regulations under the return procedures for unaccompanied foreignchildren is also provided in light of the respect of the best interests of the child and their right to be heard.

scholarly journals Barns rett til religionsfrihet

Prismet ◽  
1970 ◽  
pp. 273-287
Author(s):  
Rune Øystese
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
Freedom Of Religion ◽  
Best Interest ◽  
Children And Parents ◽  
The Right

This article discusses whether there is a tension between granting children freedom of religion and giving the parents the right to decide over the upbringing of their children. It presents what Norwegian law, which has incorporated several UN Human Rights conventions, has to say about this. It also discusses whether the interpretation presented can be in the best interest of the child. The last part addresses how parents can give their children a sound religious upbringing and still give them the freedom to choose their own faith.Keywords: Rights of children and parents, Religious freedom, Religious upbringingNøkkelord: Barn og foreldres rettigheter, religiøs frihet, religiøs oppdragelse,

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