scholarly journals Business, Human Rights and a New Social Contract in the Digital Age Abstract

Author(s):  
Yulia Razmetaeva

The article is devoted to the problem of concluding a new social contract in the digitalage, taking into account the its peculiarities and the complex challenges in the field of business andhuman rights. The issues of the need to renegotiate such an agreement, the composition of the partiesand its basic conditions are considered. It is emphasized that the almost uncontrolled activities andgrowing power of companies are not the only, but one of the most important reasons for revisingthe contract.The article argues that the features of the digital age that affect the reasons for the conclusionand content of a new social contract are as follows: a significant part of all activities of entities takesplace in cyberspace or has an online component; digital tools are extremely common in both publicand private life; data become key to any economic, social, political activity; the amount of data ishuge, and the speed of their spread is incredibly high; the development of societies is uneven, andit is exacerbated by the digital divide; the power of business structures is growing, including theirability to modify the behavior of users of digital tools.The main threats to the existing social contract are a significant imbalance between the rights andobligations of the parties, the ineffectiveness of instruments to control its observance, the asymmetryof power, and the formation of a regulatory framework by companies against their role in the privatesector. Attempts to include business in the treaty, leaving human rights and justice at the center,including legitimacy and the negotiation of conditions with equal participation of individuals, civilsociety, companies and governments, are considered.The reasons for the potential loss of power of the existing social contract in the digital age are given,including the examples exacerbated by the COVID-19 pandemic. The article emphasizes the need toreconcile the responsibilities of participants, as well as to take into account the consequences of the

Author(s):  
Yulia Razmetaeva

The article focuses on issues of autonomy, simplification and polarization, illusions and expectations in the digital age. The analysis is based on two trends: (1) frustration and loss of illusions about fundamental values ​such as human rights, justice and the rule of law; (2) immersion in artificial, illusory worlds that create a misperception of reality in private and public spheres of life (this is especially evident in the digital space). The article highlights how both trends are associated with deep injustice and blatant «non-law», as well as almost invisible attacks on justice and the disappearance of law. It is established that the uncertainty and unpredictability of the consequences of many actions in the digital environment, as well as the use of digital tools are rather subtle attacks on autonomy and justice. At the same time, autonomy is threatened by direct and indirect influence of various actors, which leads to simplification of perception, polarization of thoughts, radicalization of views and actions of individuals and groups. The degree of freedom that individuals have today could be difficult to determine or they would have a misconception about how free they are in their actions, thoughts, and choices. Falsely secure illusory worlds, digital identity, information asymmetry, significant imbalance between the interests of the main beneficiaries of digital technologies and their consumers – all this undermines the human capacity for free judgment and free choice and strengthens disbelief in law, including its key elements, especially, human rights.


2020 ◽  
Vol 3 (2) ◽  
pp. 53
Author(s):  
Matthew Pearson

With the advent of the digital age, vocational education and associated policy documents can create an awkward marriage for the student and educator.  For the student, the move to an online platform of learning containing digital tools is more than just mastery of a program but requires support, to resolve the financial costs and connectivity issues associated with learning in isolation. For the educator, online platforms provide a challenge not only will they became a student to learn the new platform. The educator confronted with new or unfamiliar pedagogical practices vastly different from their past learning experiences. However, the digital divide is complexing with no one issue attributing or resolving the digital divide.


2017 ◽  
Vol 4 (3) ◽  
pp. 33
Author(s):  
Vereno Brugiatelli

Man's ethical fulfilment often faces objective obstacles in the deprivation of rights. The negation of the recognition of certain fundamental rights, or worse, the radical misrecognition of man, which translates into different forms of violence, often artfully disguised both on an individual and collective level, produces devastating consequences in the private life of a person upsetting all forms of positive self-esteem. The recognition of human qualities, accompanied by the right to express and extend them, is an integral part of the ethical life of each individual and, at the same time, constitutes a fundamental moment in the construction of a responsible civilized community. In this dissertation, I aim to analyse the connection between ethical life and human rights in order to draw attention to the repercussions that the recognition and misrecognition of liberty produce with regard to man's ethical fulfilment. From this perspective, I intend to highlight the importance of the existence of favourable juridical and institutional conditions to ensure ethical fulfilment. At this level, I will underline that the deprivation of capabilities is often the main cause of the profound sense of discontent affecting individuals in their desperate attempt to realise a type of existence which corresponds to their ambitions.


Author(s):  
Pierre Salmon

Among many aspects to the question of whether democracy is exportable, this contribution focuses on the role of the people, understood not as a unitary actor but as a heterogeneous set: the citizens. The people matter, in a different way, both in the countries to which democracy might be exported and in the democratic countries in which the question is about promoting democracy elsewhere. The mechanisms or characteristics involved in the discussion include yardstick competition, differences among citizens in the intensity of their preferences, differences among autocracies regarding intrusion into private life, citizens’ assessments of future regime change, and responsiveness of elected incumbents to the views of minorities. The second part of the contribution explains why promotion of democracy is more likely to work through citizens’ concern with human rights abuses than with regime characteristics.


2021 ◽  
Vol 11 (3) ◽  
pp. 141-156
Author(s):  
Iliya Shablinsky

This article examines and summarises judicial practice in cases related to the use of new information technologies. The study primarily focuses upon the decisions of Russian courts (general jurisdiction and arbitration) and the European Court of Human Rights (ECHR). Employing ECHR practice, the author also refers to numerous decisions by courts in Hungary and the United Kingdom. Cases related to the use of new information technologies can be distinguished between, and this article examines the judicial practice of three categories of cases: 1) blocking of internet resources; 2) employers’ control over employees’ electronic correspondence; 3) journalists’ use of hyperlinks in author’s texts and their responsibility of such placements. Within each category of cases, the rights of citizens can be seriously violated. The article highlights that in an era of rapid development of new information technologies, states, represented by special services and authorised state bodies, are making unprecedented efforts to ensure that they maintain at least partial control over the activities of new actors (bloggers, Internet media, Internet platforms, etc.). Similarly, courts often compromise with authorities when resolving such issues. Notably, national Russian courts did not consider parties’ interests, nor did they assess the need to block all sites with a particular IP address. They did not even follow the Supreme Court of the Russian Federation’s decision to apply the requirements of the European Convention on Human Rights within the framework of the ECHR. The courts limited themselves to pointing out that Roskomnadzor acted within its power. Thus, the decisions of the national courts did not offer a mechanism for protecting rights. Within the norms regulating the new sphere of relations, there are often norms of a restrictive and prohibitive nature, and these norms are dominant in the Russian Federation. In this regard, there remains grounds for concern among lawyers involved in the protection of rights related to new information technologies.


Author(s):  
Katherine Thomson-Jones

Human beings have always made images, and to do so they have developed and refined an enormous range of artistic tools and materials. With the development of digital technology, the ways of making images—whether they are still or moving, 2D or 3D—have evolved at an unprecedented rate. At every stage of image making, artists now face a choice between using analog and using digital tools. Yet a digital image need not look digital; and likewise, a handmade image or traditional photograph need not look analog. If we do not see the artist’s choice between the analog and the digital, what difference can this choice make for our appreciation of images in the digital age? Image in the Making answers this question by accounting for the fundamental distinction between the analog and the digital; by explicating the technological realization of this distinction in image-making practice; and by exploring the creative possibilities that are distinctive of the digital. The case is made for a new kind of appreciation in the digital age. In appreciating the images involved in every digital art form—from digital video installation to net art to digital cinema—there is a basic truth that we cannot ignore: the nature and technology of the digital expands both what an image can be as an image and what an image can be for us.


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