scholarly journals "Adorn the cross with roses"? Justice and human dignity, beauty and human flourishing

2020 ◽  
Vol Supp (29) ◽  
pp. 77-92
Author(s):  
N. Marais ◽  
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Good News ◽  
Human Flourishing ◽  
Theological Discourse ◽  
The World ◽  
The Cross ◽  
Theological Language

What does beauty have to do with justice, justification, and salvation? Can the world be saved by beauty? In this contribution, some theological and rhetorical convergences and differences between the discourse on human dignity and the discourse on human flourishing are explored. The role of beauty, in these discourses, is a pivotal concern – especially as often justice and human rights shape the theological discourse on human dignity. A key proposed argument in this analysis is that justice is to human dignity what beauty is to human flourishing, and that these shape or mould the theological language with which salvation – the good news of the gospel – is articulated. The argument concludes by proposing that both forensic language and aesthetic language are born from the fold of Christian soteriology, and that not only the more static, forensic language of human dignity is required to speak about salvation, but also the more pliable, artistic language of human dignity.

A rationale for the legitimacy of the world legal order: Kant’s idea of a cosmopolitan will

2020 ◽  
Vol 9 (3) ◽  
pp. 523-530
Author(s):  
CLAUDIO CORRADETTI
Keyword(s):  
Human Rights ◽  
Legal Order ◽  
European Court ◽  
The World ◽  
Global Constitutionalism

AbstractIn this contribution I provide an interpretation of Stone Sweet’s and Ryan’s cosmopolitan legal order in conjunction with a certain reconstruction of the Kantian cosmopolitan rationale. Accordingly, I draw attention to the connection between the notion of a general (cosmopolitan) will in Kant’s reinterpretation of Rousseau and the role of the European Court of Human Rights (ECtHR) as an ‘interpreter’ of such will. I conclude by suggesting that the opportunity of extending the CLO also accounts for a variety of other poliarchical regimes that, taken as a whole, illustrate the landscapes of contemporary global constitutionalism.

The Role of Religious Force in the Wukan Incident

2013 ◽  
Vol 5 (1) ◽  
pp. 155-175 ◽  
Author(s):  
Hou Yuxin
Keyword(s):  
Human Rights ◽  
Religious Beliefs ◽  
The Political ◽  
The People ◽  
The World ◽  
History Of ◽  
The Media ◽  
Social Management ◽  
The Village

Abstract The Wukan Incident attracted extensive attention both in China and around the world, and has been interpreted from many different perspectives. In both the media and academia, the focus has very much been on the temporal level of the Incident. The political and legal dimensions, as well as the implications of the Incident in terms of human rights have all been pored over. However, what all of these discussions have overlooked is the role played by religious force during the Incident. The village of Wukan has a history of over four hundred years, and is deeply influenced by the religious beliefs of its people. Within both the system of religious beliefs and in everyday life in the village, the divine immortal Zhenxiu Xianweng and the religious rite of casting shengbei have a powerful influence. In times of peace, Xianweng and casting shengbei work to bestow good fortune, wealth and longevity on both the village itself, and the individuals who live there. During the Wukan Incident, they had a harmonizing influence, and helped to unify and protect the people. Looking at the specific roles played by religion throughout the Wukan Incident will not only enable us to develop a more meaningful understanding of the cultural nature and the complexity of the Incident itself, it will also enrich our understanding, on a divine level, of innovations in social management.

Capital Punishment

2018 ◽  
pp. 153-186
Author(s):  
Sandra Fredman
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
Human Dignity ◽  
Original Intent ◽  
Living Tree ◽  
Legislative Power ◽  
Fair Procedure ◽  
The Cross

This chapter applies the cross-cutting themes in Chapters 1–5 to the highly contested issue of the death penalty. It begins by considering the differences in constitutional texts, and particularly the ambiguity as to whether the death penalty is permitted. This requires judges to apply their interpretive theories. Original intent, natural meaning, and living tree approaches have all been relied on to achieve a mosaic of different and vehemently contested approaches. The chapter then considers how courts in different jurisdictions have addressed three main issues: whether a fair procedure can be found which justifies the death penalty; whether there are good penological justifications; and the role of substantive values, such as human dignity. The chapter highlights the ways in which courts approach the demarcation between judicial and legislative power; their use of comparative materials; and the increasing interconnectedness of the approach of different jurisdictions to the death penalty.

Work, Human Rights, and Human Capabilities

2019 ◽  
pp. 202-217
Author(s):  
Virginia Mantouvalou
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Meaningful Work ◽  
Capabilities Approach ◽  
Main Question ◽  
Human Flourishing ◽  
Human Capabilities ◽  
Moral Wrong ◽  
Self Development ◽  
Capabilities Theory

This chapter examines the value of work and the requirements of the content of work against two normative frameworks: first, human rights, and second, human capabilities. Its main question is whether working like a robot should be prohibited. The chapter identifies certain overlaps in the requirements imposed by the two frameworks, such as a duty to create opportunities to work and the prohibition of being forced to work. When it comes to the content of work, both frameworks prohibit workers’ exploitation, and both recognize the value of self-development in the workplace, up to a certain extent. The overlap is justified given that there are connections between human dignity and human flourishing, both values that are also linked to human rights. However, the chapter also suggests that capabilities theory, as a theory of human flourishing, requires the promotion of meaningful work for everyone. This requirement is more demanding than the duties imposed by human rights, which are primarily about identifying and addressing moral wrongs. Whether boring and monotonous jobs should be prohibited as a moral wrong, though, is not specifically addressed within capabilities theory. The lack of specificity as to the duties imposed is a weakness of the capabilities approach.

Rights and Methods to Challenge Evidence and Witnesses in Civil Law Jurisdictions

2019 ◽  
pp. 839-864
Author(s):  
Lorena Bachmaier
Keyword(s):  
Human Rights ◽  
Common Law ◽  
Civil Law ◽  
Trial Courts ◽  
European Court ◽  
Rules Of Evidence ◽  
The Cross

This chapter examines the primary grounds for challenging the admissibility of evidence, the methods to do it, and the potential consequences of those challenges for civil law systems. It first provides an overview of the jurisprudence of the European Court of Human Rights (ECtHR) with respect to admissibility of evidence, before discussing the exclusionary rules of evidence, focusing on the methods for excluding unreliable evidence, irrelevant or unnecessary evidence, and illegally obtained evidence. It then considers the process for challenging the admissibility of evidence, the cross-examination of witnesses, and the role of trial courts in the questioning of witnesses. It also tackles the admissibility of out-of-court witness testimonies in European civil law systems and notes the convergence between common law and civil law systems with regard to methods for excluding evidence and for questioning witnesses.

Locating Nature: Making and Unmaking International Law: Introduction

2014 ◽  
Vol 27 (3) ◽  
pp. 571-572 ◽  
Author(s):  
KISHAN KHODAY ◽  
VANESSA LAMB ◽  
TYLER MCCREARY ◽  
KARIN MICKELSON ◽  
USHA NATARAJAN ◽  
...  
Keyword(s):  
Human Rights ◽  
International Law ◽  
Environmental Law ◽  
Sustainable Livelihoods ◽  
Environmental Issues ◽  
Environmental Harm ◽  
International Environmental Law ◽  
Behavioural Patterns ◽  
The World

Environmental harm is of increasing concern to peoples and states all over the world, whether in relation to ensuring access to healthy air, water, food, and sustainable livelihoods, or coping with the diversity of challenges posed by changing climates and ecologies. While international lawyers have focused on crafting solutions to environmental problems, less attention is paid to the disciplinary role in fostering harmful and unsustainable behavioural patterns. Environmental issues are usually relegated to the specialized field of international environmental law. This project explores instead the role of nature in the general discipline, arguing that the natural environment is a determinative factor in shaping international law, and that assumptions about nature lie at the heart of disciplinary concepts such as sovereignty, development, economy, property, and human rights.

Human Flourishing, Human Dignity, and Human Rights

2012 ◽  
Vol 32 (5) ◽  
pp. 539-564 ◽  
Author(s):  
John Kleinig ◽  
Nicholas G. Evans
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Human Flourishing

The role of the International Red Cross and Red Crescent Movement in promoting respect for human rights

1993 ◽  
Vol 33 (293) ◽  
pp. 139-149
Author(s):  
Peter Nobel
Keyword(s):  
Human Rights ◽  
Vulnerable Groups ◽  
Red Cross ◽  
The World ◽  
Humanitarian Organization ◽  
Do So

As violations of human rights are a growing concern all over the world, and as the perpetrators are not only governments and their agents but all sorts of parties on many levels, it is essential for a major humanitarian organization like the Red Cross and Red Crescent to focus its efforts on counteracting this evil. If it fails to do so it might dangerously weaken its profile and, what is much worse, it will be deserting many of the most vulnerable groups and communities.

scholarly journals A CHALLENGING ROLE OF INDIAN JUDICIARY AT CYBER SPACE TO CURB CYBER CRIME AGAINST WOMEN

2021 ◽  
Vol 4 (2) ◽  
pp. 41-49
Keyword(s):  
Human Rights ◽  
Vital Role ◽  
Cyber Crime ◽  
Digital Revolution ◽  
Patriarchal Society ◽  
The World ◽  
Cyber Space ◽  
The Law ◽  
Women In India

The world has entered into a new millennium, but from the dawn of civilization till date, the woman of the patriarchal society of India continues to be oppressed and ill-treated.2 Crime against women have been increasing in all fields. In the era of digital revolution women are not safe at cyber space. In India cybercrime against women have been rapidly increasing in spite of special legislations to protecting women netizen. Judiciary played a vital role in the implementation of the law and its constitutional role to protecting the human rights as per the legislation. The most important duty of the court is to protect human rights, and to give relief to the victim.3The main object of this paper is to analyse the role of Judiciary at cyber space to curb the cybercrime against women in India. This paper is commence with cyber crime’s definition and brief view about that. It also focus on kinds of cybercrime against women in India and brief view on cyber legislation.

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