scholarly journals O papel civilizatório dos direitos humanos: diálogo com Bobbio e Elias / The civilizatory role of human rights: a dialogue with Bobbio and Elias

2018 ◽  
Author(s):  
Thaíssa Rocha Proni ◽  
Marcelo Weishaupt Proni
Keyword(s):  
Human Rights ◽  
Self Control ◽  
Moral Progress ◽  
Control Mechanisms ◽  
Theoretical Approaches ◽  
Civilizing Process ◽  
Norbert Elias ◽  
Peaceful Settlement ◽  
Individual Self

Resumo: O objetivo é discutir o papel dos direitos humanos na civilização contemporânea a partir das abordagens teóricas de Norberto Bobbio e Norbert Elias. Na argumentação de Bobbio, a universalização dos direitos humanos é uma condição para a consolidação da democracia, a solução pacífica de conflitos e o progresso moral da humanidade. Para Elias, o desenvolvimento do processo civilizador requer mecanismos de autocontrole individual que reforcem padrões de sociabilidade pautados no respeito aos direitos humanos. O artigo sugere que essas duas visões convergem para o entendimento de que a expansão dos direitos humanos pressupõe e, ao mesmo tempo, induz um estágio civilizatório mais avançado. Mas, as constantes violações dos direitos humanos na atualidade demonstram que há ainda um longo caminho a percorrer. Abstract: The purpose is to discuss the role of the human rights in the contemporary civilization based on the theoretical approaches of Norberto Bobbio and Norbert Elias. Bobbio argues that the universalization of human rights is a condition for the consolidation of democracy, the peaceful settlement of conflicts and the moral progress of humanity. According to Elias, the development of the civilizing process requires individual self-control mechanisms that reinforce patterns of sociability based on respect for human rights. The article suggests that these two views converge to the understanding that the expansion of human rights presupposes and – at the same time – induces a more advanced stage of civilization. But the constant violations of human rights today show that there is still a long way to go.

Shame and Guilt in India: Declining Social Control and The Role Of Education

2018 ◽  
Vol 38 (3) ◽  
pp. 287-306 ◽  
Author(s):  
Pravin J. Patel
Keyword(s):  
Social Control ◽  
Self Control ◽  
Indian Society ◽  
Control Mechanisms ◽  
Educational Strategies ◽  
Shame Culture ◽  
Education In India ◽  
Shame And Guilt ◽  
Individual Self

Contemporary Indian society struggles to arrest moral erosion, as traditional social control mechanisms backed by shame have declined. The article argues that unless individual self-control based on a re-configurated morality emphasising shame as well as guilt is sufficiently strengthened, the present negative spiral cannot be reversed. Differences between shame culture and guilt culture are explored to identify how socialisation and education as key mechanisms for transmitting values and morality may be revamped to nurture better consciousness and moral renewal. Educational strategies would need to emphasise duties rather than rights, already reflected in constitutional guidance about Fundamental Duties in the Indian Constitution. Thus, a rational, secular approach that trusts educators to deliver value-based education in India without necessarily strengthening Hindu nationalist tendencies is suggested as a viable way forward.

scholarly journals International Courts and Tribunals – the New Environmental Sentinels in International Law

2020 ◽  
Vol 50 (1-2) ◽  
pp. 17-33
Author(s):  
Bharat H. Desai ◽  
Balraj K. Sidhu
Keyword(s):  
Human Rights ◽  
International Relations ◽  
International Law ◽  
Law Of The Sea ◽  
Human Rights Law ◽  
International Courts ◽  
Peaceful Settlement ◽  
The Common ◽  
Common Future

This study examines the role of international courts and tribunals (ICTs) as important agents for the peaceful settlement of international disputes through the instrumentality of law. The rapid upswing in the number of specialised international courts and tribunals (in areas such as trade, human rights, law of the sea, criminal justice and environment) can be perceived as an attempt by sovereign States to maintain the viability of ICTs in light of perplexity in international relations, growing recognition of peaceful co-existence, quest for institutionalised cooperation and emergence of some of the “common concerns of humankind”, as well as the “duty to cooperate”. The article has sought to make sense of the emergence of ICTs as the “New Environmental Sentinels” and what it portends for our common future. Do we need a specialised international environmental court?

scholarly journals „Magánélet és bizonytalanság” – A jogi kontrollmechanizmusok szerepe a nemzetbiztonsági célú titkos információgyűjtés alapjogi kockázatainak mérséklésében

2017 ◽  
Vol 17 (1) ◽  
pp. 24
Author(s):  
Emese Pásztor
Keyword(s):  
Human Rights ◽  
National Security ◽  
Fundamental Rights ◽  
Control Mechanisms ◽  
Intelligence Gathering ◽  
European Court ◽  
Ideal System ◽  
Legal Control ◽  
Reasonable Suspicion

A terrorizmus Európa mind több országában olyan fenyegetés, amely a lakosságtól már a mindennapokban is kényszerű alkalmazkodást követel. A demokratikus intézmények védelme érdekében az államok különleges megfigyelési eszközöket vethetnek be, melyeknek a technikai lehetőségek egyre kevésbé szabnak korlátokat. A veszély forrása bárhol lehet, ezért kézenfekvő az állami logika, mely az ártatlanság vélelmét és a konkrét bűncselekményekhez kapcsolódó gyanút félretéve inkább minden polgárra kockázati tényezőként tekint, utat nyitva ezzel a tömeges megfigyelésnek. A tanulmány arra keresi a választ, hogy a nemzetbiztonsági célú titkos információgyűjtés működését miként lehet hatékony külső jogi kontroll alá rendelni. A strasbourgi bíróság esetjoga által kirajzolt minimum a bírói hatalmi ág végső jogorvoslati szerepének biztosítása felé mutat. A tanulmány célja annak elemzése, hogy intézményi, hatásköri, illetve eljárási szempontból hogyan rajzolható fel az a rendszer, mely amellett, hogy megfelel a strasbourgi mércének és a magyar alkotmányos hagyománynak, valóban alkalmas is a titkos megfigyelések hatékony külső jogi kontrolljának megvalósítására. --- ‘Privacy and insecurity’ – The role of legal control mechanisms in reducing the risks to fundamental rights posed by national security-related secret intelligence gathering More and more countries in Europe are being faced with the threat of terrorism, which is forcing people to make adjustments in their everyday lives. To protect democratic institutions, states are permitted to use extraordinary measures for surveillance, barely bound by technical restrictions. The source of danger might be anywhere, so it seems a logical approach by the state to put aside the presumption of innocence and reasonable suspicion related to concrete crimes, and consider every citizen as a potential risk-factor, paving the way to mass surveillance. The aim of the study is to find out how national security-related secret intelligence gathering could be subjected to effective external legal control. The case law of the European Court of Human Rights emphasizes the importance of the final judicialcontrol, but the details are still unclear. The study examines the ideal system of external legal control considering the institutional and procedural aspects, as well as the question of powers, a system which fully complies with the test used by the European Court of Human Rights and the constitutional traditions of Hungary, while being able to provide effective external legal control for secret surveillance.

Managerial control mechanisms and their influence on project performance: an investigation of the moderating role of complexity risk

2020 ◽  
Vol 27 (9) ◽  
pp. 2451-2475 ◽  
Author(s):  
Ahsen Maqsoom ◽  
Muhammad Hamad ◽  
Hassan Ashraf ◽  
Muhammad Jamaluddin Thaheem ◽  
Muhammad Umer
Keyword(s):  
Structural Equation ◽  
Project Performance ◽  
Self Control ◽  
Equation Modeling ◽  
Control Mechanisms ◽  
Managerial Control ◽  
Content Type ◽  
The Relationship ◽  
Moderating Role

PurposeDespite the efforts of project managers and the widespread use of project management methodologies, most of the projects remain unfulfilling in terms of delivering targeted performance. This for most part can be attributed to the inability of an organization to implement control mechanisms and ineffective management of complexity risk. Keeping in view the aforementioned problem, the objective of this study is to investigate the association between control modes and project performance. Moreover, this study also examines the moderating role of complexity risk on the association among various control modes and project performance.Design/methodology/approachThe data were collected from 171 construction projects through a postal questionnaire survey. Partial least squares structural equation modeling was utilized for testing the hypothesized relationships of the research model.FindingsThis study found significant positive relation between formal and informal control mechanisms and project performance. It is found that complexity risk significantly moderates the relationship between control modes and project performance. The results indicate that complexity risk positively moderates the relationship between outcome control and clan control with project performance. Furthermore, complexity risks negatively moderates the relationship between behavior control and project performance. However, the association between self-control and project performance is found insignificant in the presence of complexity risk.Originality/valueThis study is the first attempt to study the relationship of control mechanisms, complexity risk and project performance in the construction industry.

scholarly journals DISCRIMINATION. NEW CHALLENGES REGARDING HEALTH PROTECTION

2021 ◽  
Vol 8(62) (1) ◽  
pp. 35-42
Author(s):  
Dragoș-Lucian Rădulescu ◽  
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
International Institutions ◽  
Labor Relations ◽  
Control Mechanisms ◽  
The Rule Of Law ◽  
State Institutions ◽  
Protection Of Human Rights ◽  
New Challenges

The fight against discrimination is a general issue of the essence of the international institutions involved in the protection of human rights, democracy and the rule of law. This paper examines the application of the principles of discrimination, in scope to a better understanding of the fundamental concepts and the method of apply the control mechanisms. The main objective is reported to identify the international and national regulations on non-discrimination, as well as jurisprudential developments. The purpose of the research is related to highlighting the importance of recognizing the principle of non-discrimination in labor relations, in the event of the Covid pandemic, by analysing the role of state institutions, as well as the evolution of jurisprudential developments and the ways to combat discrimination.

The Role of Law in the Civilizing Process and the Reform of Popular Culture

1995 ◽  
Vol 10 (2) ◽  
pp. 5-29 ◽  
Author(s):  
Alan Hunt
Keyword(s):  
Popular Culture ◽  
Everyday Life ◽  
Cultural Revolution ◽  
Historical Sociology ◽  
Modern State ◽  
Moral Regulation ◽  
Civilizing Process ◽  
Norbert Elias ◽  
Two Bodies

AbstractThis paper builds on the notion that cultural revolution has always been implicated in processes of state formation and is manifest in moral regulation, which produces the normalizing, taken-for-granted reality of deep processes of social change. Two bodies of work are examined—namely, Norbert Elias' historical sociology of the civilizing process, and Peter Burke and the English social historians' concept of the “reform of popular culture”—for the insights they can provide into the part played by law in the formation of the modern state, the modern self, and the practice of everyday life.

ICTs as the New Environmental Sentinels1

2021 ◽  
pp. 1-14
Author(s):  
Bharat H. Desai
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
International Relations ◽  
Law Of The Sea ◽  
Human Rights Law ◽  
International Courts ◽  
Peaceful Settlement ◽  
The Common ◽  
Common Future

This chapter seeks to place under scanner the role of international courts and tribunals (ICTs) as important agents for the peaceful settlement of international disputes through the instrumentality of law. The rapid upswing in the number of specialized international courts and tribunals (in areas such as trade, human rights, law of the sea, criminal justice and environment) can be perceived as an attempt by the sovereign states to maintain viability of the ICTs in light of perplexity in international relations, growing recognition of peaceful co-existence, quest for institutionalized cooperation and emergence of some of the ‘Common Concerns of Humankind’ and the ‘Duty to Cooperate’. It has sought to make sense of emergence of ICTs as the ‘New Environmental Sentinels’. Do we need a specialized International Environmental Court (IEC) as an ‘ideal’? What does it portend for our common future?

scholarly journals The Role of Self-Regulation in the Development of Psychological Competence in Students of Psychology

2020 ◽  
Vol 22 (2) ◽  
pp. 418-425
Author(s):  
Zh. G. Garanina
Keyword(s):  
Self Efficacy ◽  
Self Regulation ◽  
Self Control ◽  
Communicative Skills ◽  
Theoretical Approaches ◽  
Significant Relationships ◽  
Psychological Competence ◽  
Psychological Knowledge ◽  
And Control

The research featured relationship between self-regulation and psychological competence of future specialists. The study involved an analysis of theoretical approaches to this problem in domestic and foreign psychology. Psychological competence presupposes developed psychological knowledge and communicative abilities and skills, as well as a stable system of self-regulation that allows for effective management of one's behavior during professional interaction. The author established the features of psychological and communicative competences in students, as well as such regulatory qualities as self-regulation, self-control, and self-efficacy. The research revealed statistically significant relationships between the level of development of psychological and communicative competences and the characteristics of regulatory qualities. A cluster analysis showed three groups of students with different levels of communicative competence and regulatory qualities. The regulatory and communicative components of psychological competence appeared closely interrelated. Self-regulation, self-control, self-efficacy, and communicative skills of future psychologists were the instrumental basis for the development of psychological competence. A well-developed self-regulation helped students understand and control their behavioral reactions. It enabled them to carry out conscious and focused interaction with people in problematic professional situations, as well as contributed to the development of psychological competence during vocational training.

ICTs as the New Environmental Sentinels1

2021 ◽  
Author(s):  
Bharat H. Desai
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
International Relations ◽  
Law Of The Sea ◽  
Human Rights Law ◽  
International Courts ◽  
Peaceful Settlement ◽  
The Common ◽  
Common Future

This article seeks to place under scanner the role of international courts and tribunals (ICTs) as important agents for the peaceful settlement of international disputes through the instrumentality of law. The rapid upswing in the number of specialized international courts and tribunals (in areas such as trade, human rights, law of the sea, criminal justice and environment) can be perceived as an attempt by the sovereign states to maintain viability of the ICTs in light of perplexity in international relations, growing recognition of peaceful co-existence, quest for institutionalized cooperation and emergence of some of the ‘Common Concerns of Humankind’ and the ‘Duty to Cooperate’. It has sought to make sense of emergence of ICTs as the ‘New Environmental Sentinels’. Do we need a specialized International Environmental Court (IEC) as an ‘ideal’? What does it portend for our common future?

scholarly journals Pupil dilation predicts individual self-regulation success across domains

2021 ◽  
Vol 11 (1) ◽  
Author(s):  
Silvia U. Maier ◽  
Marcus Grueschow
Keyword(s):  
Emotion Regulation ◽  
Time Course ◽  
Pupil Diameter ◽  
Self Regulation ◽  
Self Control ◽  
Control Task ◽  
Arousal System ◽  
Norepinephrine System ◽  
Individual Self

AbstractMultiple theories have proposed that increasing central arousal through the brain’s locus coeruleus—norepinephrine system may facilitate cognitive control and memory. However, the role of the arousal system in emotion regulation is less well understood. Pupil diameter is a proxy to infer upon the central arousal state. We employed an emotion regulation paradigm with a combination of design features that allowed us to dissociate regulation from emotional arousal in the pupil diameter time course of 34 healthy adults. Pupil diameter increase during regulation predicted individual differences in emotion regulation success beyond task difficulty. Moreover, the extent of this individual regulatory arousal boost predicted performance in another self-control task, dietary health challenges. Participants who harnessed more regulation-associated arousal during emotion regulation were also more successful in choosing healthier foods. These results suggest that a common arousal-based facilitation mechanism may support an individual’s self-control across domains.

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