scholarly journals Reconsidering Burke’s and Arendt’s Theories on “The Rights of Man”: A Surprising Plot Twist?

Conatus ◽  
2021 ◽  
Vol 6 (1) ◽  
pp. 19
Author(s):  
Ioannes Chountis

Edmund Burke can perhaps be considered as the father of modern conservatism. Hannah Arendt was a very eclectic thinker who embraced ideas from the traditions of liberalism and republicanism. They both commented on the issue of the “Rights of Man” and rejected their abstract and metaphysical nature. And, it was Arendt who saw a ‘certain pragmatism’ in Burke’s ideas. Is this coincidence of opinion a surprising plot twist? An unintentional ‘alliance’ against the naturalness of the “Rights of Man?” This paper first discusses the real relationship between Burke’s and Arendt’s theories on human rights. In the first part, the ideas of the two thinkers are presented and examined. In the second part, the main convergences and divergences are identified. Through a careful reading of the Burkean and Arendtian corpus, it is shown that Arendt agreed with Burke that human rights cannot be abstract or metaphysical. On the other hand, Arendt, being autonomous in her critique, argued for one universal and inalienable right, that is ‘the right to have rights,’ i.e. the right to belong to political community. In overall, the analysis endeavors to provide an answer to the question as to what degree did Arendt endorse Burke’s theories on the “Rights of Man.”

2011 ◽  
Vol 26 (66) ◽  
Author(s):  
Isak Winkel Holm

Isak Winkel Holm: “Arendt and Kafka. The Right to Rights in Franz Kafka’s ‘The Metamorphosis’”Franz Kafka experienced a legal and political vacuum opening up in the middle of civilized Europe, Hannah Arendt saw it culminating in the death camps. In this sinister historical situation both authors were not so much interested in the question of specific rights as in the more fundamental question of the right to have rights – to use Arendt’s famous formula. This essay explores the intricate relationship between Kafka’s and Arendt’s analyses of the “calamity of the rightless”. On the one hand, Kafka’s literary diagnosis of rightlessness will be reconstructed through a reading of his story “The Metamorphosis”; on the other hand, Arendt’s philosophical portrait of the rightless refugee will be developed in a discussion of her early Kafka essays and, first of all, of her Origins of Totalitarianism. The contention is that Arendt’s notion of the right to have rights and, hence, her reading of Kafka function as important corrections of modern Kafka research.


Author(s):  
John Kenedi

Abstract: Prostitution is a community disease that is difficult to eradicate due to many factors that affect its existence. The various types of prostitution that emerged show how prostitution has grown in society. The condition is further complicated when prostitution seeks to seek protection under human rights. Prostitution seeks the path of protection under human rights through two essentials: Protection of human rights to the work of sex workers and protection of minority status opposed by the wider community. On the other hand, there is a distinction between liberal Westernmade human rights and human rights according to Islam in accordance with the sunatullah, so that the distinction raises different perceptions regarding the issue of prostitution. This paper will reveal whether prostitution is a profession that should be protected as a right to work in human rights, as well as finding the right way out to avoid conflict of interest in human rights so that peace and tranquility can be realizedin society.


2016 ◽  
Vol 10 (2) ◽  
pp. 319-340 ◽  
Author(s):  
George Letsas

Abstract Liberal debates on religious accommodation have so far focused on the nature of the interest upon which the right to freedom of religion is based. Liberals who oppose religious accommodation argue that there is nothing special about religious belief. Those who defend accommodation on the other hand seek to identify some property (such as conscience or deep commitments) that both religious and non-religious beliefs can share. The article seeks to develop an argument in favor of certain types of religious accommodation that is agnostic about the nature of religious belief and whether it is special in any sense. It argues that it is a mistake to think that the question of religious accommodation, as it arises in law, must necessarily turn on arguments about freedom of religion. The principle of fairness can justify legal duties to accommodate religious (and non-religious) practices, without the need to assess the character of the practice in question or the reasons for engaging in it. The article argues further that the principle of fairness can better explain why human rights courts uphold some claims for religious accommodation as reasonable, and not others.


2018 ◽  
Vol 18 (1) ◽  
pp. 71
Author(s):  
Linda Evirianti

Everyone has the right of religious freedom or belief which becomes one of important parts of Human Rights (HAM/Hak Asasi Manusia). Thus, no one can be subjected to coercion that can interfere his freedom to adopt or embrace a religion or belief of his choice. The main characteristic of modern constitutional state is the guarantee of human rights in its constitution. In the Constitution NKRI 1945 has set human rights and the rights of citizens in the form of guarantees freedom for each citizen to embrace religion and worship according to their religion or belief. A state guarantees the freedom of each citizen to adopt a religion or belief, but the state (the government) must regulate the freedom in implementing and practicing a religion or belief so that the government can respect, protect, enforce and promote Human Right (HAM) and conserving security, order, health or public morals. Speaking of human rights in Islam is not an historical product arising from human ideology, a concept that has a theological dimension and will be accountable to God. Freedom of thought, conscience, religion and belief is part of the most important human rights, even have status as a right that should not be reduced and violated under any circumstances. On the other hand, religious freedom protects the phenomenon that can be controversial and dangerous for human existence, because religion and systems of ideological belief can be misused to trigger intolerance, discrimination, prejudice, hatred, and violence.[Setiap orang berhak atas kebebasan beragama atau kepercayaan yang menjadi salah satu bagian penting Hak Asasi Manusia. Dengan demikian, tidak ada yang bisa terkena paksaan yang bisa mengganggu kebebasannya untuk mengadopsi atau menganut agama atau kepercayaan pilihannya. Karakteristik utama negara konstitusional modern adalah jaminan hak asasi manusia dalam konstitusinya. Dalam Konstitusi NKRI 1945 telah menetapkan hak asasi manusia dan hak warga negara dalam bentuk jaminan kebebasan bagi setiap warga negara untuk merangkul agama dan ibadah sesuai agama atau kepercayaan mereka. Sebuah negara menjamin kebebasan setiap warga negara untuk mengadopsi agama atau kepercayaan, namun negara (pemerintah) harus mengatur kebebasan dalam melaksanakan dan mempraktikkan agama atau kepercayaan sehingga pemerintah dapat menghormati, melindungi, menerapkan dan mempromosikan Hak Asasi Manusia (HAM). Dan melestarikan keamanan, ketertiban, kesehatan atau moral publik. Berbicara tentang hak asasi manusia dalam Islam bukanlah produk historis yang muncul dari ideologi manusia, sebuah konsep yang memiliki dimensi teologis dan akan bertanggung jawab kepada Tuhan. Kebebasan berpikir, hati nurani, agama dan kepercayaan adalah bagian dari hak asasi manusia yang paling penting, bahkan memiliki status sebagai hak yang tidak boleh dikurangi dan dilanggar dalam kondisi apapun. Di sisi lain, kebebasan beragama melindungi fenomena yang bisa kontroversial dan berbahaya bagi eksistensi manusia, karena agama dan sistem kepercayaan ideologis dapat disalahgunakan untuk memicu intoleransi, diskriminasi, prasangka, kebencian, dan kekerasan.]


2018 ◽  
Vol 9 (2) ◽  
pp. 105-118
Author(s):  
Zbigniew Mikołajczyk ◽  
Jarosław Struniawski

The article refers to freedom and human rights as universal and global principles covering all aspects of human life. Human rights are those freedoms, means of protection and services respected precisely as rights, which all people should be able to demand from the society in which they live, in accordance with today's freedoms. On the other hand, as rights they solely occur among individuals and authorities. None of the authority can take them away. They can not be waived or renounced. In Poland, guarantees of respect for human rights - to which all people are entitled and citizen's rights - to which only Polish citizens are entitled are included in the Constitution of the Republic of Poland. According to it, the inherent and inalienable human dignity is a source of freedom and human and citizen's rights. One of the fundamental human right is the freedom of assembly. The possibility of using the freedom of assembly must be dictated by the need to ensure the protection of national security or public order, protection of health, public morals and rights and freedom of other people. Due to the subject matter discussed, the study focused on peaceful assemblies, which organization is guaranteed by law, on the other hand no illegal forms of protest were described - the blockades and occupation of buildings, transport routes, or prohibited strike forms. The main task of ensuring security during assemblies rests with the Police, whose fundamental duty is to facilitate the conduct of assemblies. It is important to find a balance between maintaining order and exercising the right of assembly.


2017 ◽  
Vol 2 (2) ◽  
pp. 38
Author(s):  
Agung Yudhistira Nugroho

<p>Ahmadiyya saga in Indonesia just like a never ending stories. Starting from the non-acceptance of them in society, violence and intimidation, pressure from Islamic organizations and the Indonesian Ulema Council. The government placed in the position of a dilemma. On one hand the government is required to protect its citizens in this regard Ahmadiyya followers are intimidated by a group or community that does not accept them, on the other hand the government must determine the manner in which the Government should disband and ban the Ahmadiyya. When the Ahmadiyya and other religious people defended using the excuse of the Universal Declaration of Human Rights, the UN Human Rights artificial precisely considered weak and unable to protect Palestinians from Israeli attacks.  From here then comes the problem of where the followers of the Ahmadiyya to be able to put themselves in a society that does not accept them, Not an easy task to find the right solution for this case. Solutions that can be offered is to address these differences by looking at the cornerstone of our country Pancasila which has a single slogan Unity in Diversity. In that case author also concern about how the the government in maintaining security for Ahmadiyya followers whom a citizen of Indonesia as well? This is what will be studied in this paper.</p><p> </p>


Author(s):  
Clooney Amal ◽  
Webb Philippa

This chapter discusses the right of anyone accused of a criminal offence not to be compelled to ‘testify against himself or confess guilt’. This right helps to protect the defendant from torture and other forms of ill-treatment by prohibiting the use of evidence obtained through those methods. It aims to reduce the risk that unreliable evidence will be produced, and seeks to ensure the equality of arms between the prosecution and defence. The right not to be compelled to testify against himself or confess guilt provides defendants with two distinct but overlapping rights: the right to silence and the right not to incriminate oneself. The right not to incriminate oneself is narrower than the right to silence in that it only allows a defendant to refuse to provide answers that may be incriminating, whereas the right to silence means he may refuse to answer any question at all. On the other hand, whereas the right to silence only protects oral statements, the right not to provide incriminating evidence also applies to documents and other material. Although the right not to be compelled to testify against himself or confess guilt is recognised in many domestic jurisdictions, many aspects of the right are either undefined or inconsistently defined at the international level by human rights bodies and criminal courts.


GEOgraphia ◽  
2010 ◽  
Vol 7 (14) ◽  
Author(s):  
Márcio Piñon de Oliveira

A utopia do direito à cidade,  no  caso específico do Rio de Janeiro, começa, obrigatoriamente, pela  superação da visão dicotômica favela-cidade. Para isso, é preciso que os moradores da favela possam sentir-se tão cidadãos quanto os que têm moradias fora das favelas. A utopia do direito à cidade tem de levar a favela a própria utopia da cidade. Uma cidade que não se fragmente em oposições asfalto-favela, norte-sul, praia-subúrbio e onde todos tenham direito ao(s) seu(s) centro(s). Oposições que expressam muito mais do que diferenças de  localização e que  se apresentam recheadas de  segregação, estereótipos e  ideologias. Por outro  lado, o direito a cidade, como possibilidade histórica, não pode ser pensado exclusivamente a partir da  favela. Mas as populações  que aí habitam guardam uma contribuição inestimável para  a  construção prática  desse direito. Isso porque,  das  experiências vividas, emergem aprendizados e frutificam esperanças e soluções. Para que a favela seja pólo de um desejo que impulsione a busca do direito a cidade, é necessário que ela  se  pense como  parte da história da própria cidade  e sua transformação  em metrópole.Abstract The right  to the city's  utopy  specifically  in Rio de Janeiro, begins by surpassing  the dichotomy approach between favela and the city. For this purpose, it is necessary, for the favela dwellers, the feeling of citizens as well as those with home outside the favelas. The right to the city's utopy must bring to the favela  the utopy to the city in itself- a non-fragmented city in terms of oppositions like "asphalt"-favela, north-south, beach-suburb and where everybody has right to their center(s). These oppositions express much more the differences of location and present  themselves full of segregation, stereotypes and ideologies. On  the other  hand, the right to  the city, as historical possibility, can not be thought  just from the favela. People that live there have a contribution for a practical construction of this right. 


2019 ◽  
Vol 11 (3) ◽  
pp. 328-341
Author(s):  
Rifki Ismal ◽  
Nurul Izzati Septiana

Purpose The demand for Saudi Arabian real (SAR) is very high in the pilgrimage (hajj) season while the authority, unfortunately, does not hedge the hajj funds. As such, the hajj funds are potentially exposed to exchange rate risk, which can impact the value of hajj funds and generate extra cost to the pilgrims. The purpose of this paper is to conduct simulations of Islamic hedging for pilgrimage funds to: mitigate and minimize exchange rate risk, identify and recommend the ideal time, amount and tenors of Islamic hedging for hajj funds, estimate cost saving by pursuing Islamic hedging and propose technical and general recommendations for the authority. Design/methodology/approach Forward transaction mechanism is adopted to compute Islamic forward between SAR and Rupiah (Indonesian currency) or IDR. Findings – based on simulations, the paper finds that: the longer the Islamic hedging tenors, the better is the result of Islamic hedging, the decreasing of IDR/USD is the right time to hedge the hajj funds and, on the other hand, the IDR/SAR appreciation is not the right time to hedge the hajj funds. Findings Based on simulations, the paper finds that: the longer the Islamic hedging tenors, the better is the result of Islamic hedging, the decreasing of IDR/USD is the right time to hedge the hajj funds and, on the other hand, the IDR/SAR appreciation is not the right time to hedge the hajj funds. Research limitations/implications The research suggests the authority to (and not to) hedge the hajj fund, depending on economic conditions and market indicators. Even though the assessment is for the Indonesian case, other countries maintaining hajj funds might also learn from this paper. Originality/value To the best of author’s knowledge, this is the first paper in Indonesia that attempts to simulate the optimal hedging of hajj funds.


1978 ◽  
Vol 10 (3) ◽  
pp. 193-208
Author(s):  
Dennis A. Rubini

William of Orange tried to be as absolute as possible. Inroads upon the power of the executive were fiercely resisted: indeed, William succeeded in keeping even the judiciary in a precarious state of independence. To maintain the prerogative and gain the needed supplies from parliament, he relied upon a mixed whig-tory ministry to direct court efforts. Following the Glorious Revolution, the whigs had divided into two principle groups. One faction led by Robert Harley and Paul Foley became the standard-bearers of the broadly based Country party, maintained the “old whig” traditions, did not seek office during William's reign, tried to hold the line on supply, and led the drive to limit the prerogative. The “junto,” “court,” or “new” whigs, on the other hand, were led by ministers who, while in opposition during the Exclusion crisis, held court office, aggressively sought greater offices, and wished to replace monarchy with oligarchy. They soon joined tory courtiers in opposing many of the Country party attempts to place additional restrictions upon the executive. To defend the prerogative and gain passage for bills of supply, William also developed techniques employed by Charles II. By expanding the concept and power of the Court party, he sought to bring together the executive and legislative branches of government through a large cadre of crown office-holders (placemen) who sat, voted, and directed the votes of others on behalf of the government when matters of importance arose in the Commons. So too, William claimed the right to dissolve parliament and call new elections not on a fixed date, as was to become the American practice, but at the time deemed most propitious over first a three-year and then (after 1716) a seven year period.


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