scholarly journals FROM INNATE MORALITY TOWARDS A NEW POLITICAL ETHOS

2021 ◽  
Vol 4 ◽  
pp. 175-188
Author(s):  
Aviad Heifetz
Keyword(s):  
Human Rights ◽  
Philosophical Anthropology ◽  
Judith Butler ◽  
Carol Gilligan ◽  
Starting Point ◽  
Simone Weil ◽  
Fundamental Dimension

In 1943, Simone Weil proposed to supersede the declaration of human rights with a declaration of obligations towards every human being's balancing pairs of body and soul's needs, for engaging and inspiring more effectively against autocratic and populist currents in times of crisis. We claim that Weil's proposal, which remains pertinent today, may have been sidestepped because her notion of needs lacked a fundamental dimension of relationality, prominent in the 'philosophical anthropology' underlying the (different) visions for a new political ethos of both Judith Butler and Carol Gilligan. From the radical starting point of innate morality common to all three thinkers, we therefore indicate how an enriched notion of interlaced needs, encompassing both balance and relationality, may restore the viability of a declaration of human obligations as a robust source of inspiration. In this combination of balance and relationality, Butler's notion of aggressive nonviolence is key.

Towards an Archival Critique: Opening Possibilities for Addressing Neoliberalism in the Archival Field

2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Marika Cifor ◽  
Jamie A. Lee
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Archival Studies ◽  
Ethical Practice ◽  
Political Practice ◽  
Starting Point ◽  
Hands On ◽  
Library And Information Studies ◽  
Information Studies ◽  
Contemporary Life

Neoliberalism, as economic doctrine, as political practice, and even as a "governing rationality" of contemporary life and work, has been encroaching on the library and information studies (LIS) field for decades. The shift towards a conscious grappling with social justice and human rights debates and concerns in archival studies scholarship and practice since the 1990s opens the possibility for addressing neoliberalism and its elusive presence. Despite its far-reaching influence, neoliberalism has yet to be substantively addressed in archival discourse. In this article, we propose a set of questions for archival practitioners and scholars to reflect on and consider through their own hands-on practices, research, and productions with records, records creators, and distinct archival communities in order to develop an ongoing archival critique. The goal of this critique is to move towards "an ethical practice of community, as an important mode of participation." This article marks a starting point for critically engaging the archival studies discipline along with the LIS field more broadly by interrogating the discursive and material evidences and implications of neoliberalism.

Military Necessity and the Cultures of Military Law

2013 ◽  
Vol 26 (2) ◽  
pp. 315-349 ◽  
Author(s):  
DAVID LUBAN
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Legal Regulation ◽  
Systematic Analysis ◽  
Law Of War ◽  
Military Necessity ◽  
Starting Point ◽  
Military Law ◽  
Interpretive Communities ◽  
The Military

AbstractMilitary and humanitarian lawyers approach the laws of war in different ways. For military lawyers, the starting point is military necessity, and the reigning assumption is that legal regulation of war must accommodate military necessity. For humanitarian lawyers, the starting point is human dignity and human rights. The result is two interpretive communities that systematically disagree not only over the meaning of particular law-of-war norms, but also over the sources and methods of law that could be used to resolve the disagreements. That raises the question whether military lawyers’ advice should acknowledge any validity to the contrary views of the ‘humanitarian’ community. The article offers a systematic analysis of the concept of military necessity, showing that civilian interests must figure in assessing military necessity itself. Even on its own terms, the military version of the law of war should seek to accommodate the civilian perspectives featured in the humanitarian version.

scholarly journals Human Rights and Cultural Identity

2015 ◽  
Vol 8 (2) ◽  
pp. 112-135 ◽  
Author(s):  
Gordon John-Stewart
Keyword(s):  
Human Rights ◽  
Cultural Identity ◽  
Culturally Sensitive ◽  
Cultural Identities ◽  
Ethical Relativism ◽  
Small Core ◽  
Starting Point ◽  
Universal Human Rights

Abstract Universal human rights and particular cultural identities, which are relativistic by nature, seem to stand in conflict with each other. It is commonly suggested that the relativistic natures of cultural identities undermine universal human rights and that human rights might compromise particular cultural identities in a globalised world. This article examines this supposed clash and suggests that it is possible to frame a human rights approach in such a way that it becomes the starting point and constraining framework for all non-deficient cultural identities. In other words, it is possible to depict human rights in a culturally sensitive way so that universal human rights can meet the demands of a moderate version of meta-ethical relativism which acknowledges a small universal core of objectively true or false moral statements and avers that, beyond that small core, all other moral statements are neither objectively true nor false.

Religious Pluralism and State- Centric Legal Spaces in Europe

2021 ◽  
Vol 18 (1) ◽  
pp. 33-54
Author(s):  
Kyriaki Topidi
Keyword(s):  
Human Rights ◽  
Present Article ◽  
Religious Pluralism ◽  
Legal Pluralism ◽  
Case Law ◽  
Legal Systems ◽  
European Court ◽  
Starting Point

Multiculturalism is continuously and relentlessly put to the test in the so- called West. The question as to whether religious or custom- based legal orders can or should be tolerated by liberal and democratic states is, however, by no means a new challenge. The present article uses as its starting point the case of religious legal pluralism in Greece, as exposed in recent European Court of Human Rights (ECtHR) case- law, in an attempt to explore the gaps and implications in the officially limited use of sharia in Western legal systems. More specifically, the discussion is linked to the findings of the ECtHR on the occasion of the recent Molla Sali v. Greece case to highlight and question how sharia has been evolving in the European legal landscape.

COVID-19, Business, and Human Rights

2021 ◽  
Vol 23 (5) ◽  
pp. 433-449
Author(s):  
Surya Deva
Keyword(s):  
Human Rights ◽  
Full Range ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Economic Problems ◽  
Business And Human Rights ◽  
Starting Point ◽  
Good Starting Point ◽  
International Human

Abstract COVID-19 has affected the full range of human rights, though some rights holders have experienced a disproportionate impact. This has triggered debate about the respective obligations and responsibilities of states and business enterprises under international human rights law. Against this backdrop, this article examines critically whether the “protect, respect and remedy” framework operationalised by the UN Guiding Principles on Business and Human Rights is “fit for the purpose” to deal with the COVID-19 crisis. I argue that while the UNGPs’ framework provides a good starting point, it is inadequate to bring transformative changes to overcome deep-rooted socio-economic problems exposed by this pandemic. Realising human rights fully would not only require harnessing the potential of states’ tripartite obligations, but also move beyond limiting the responsibility of businesses to respect human rights.

Is there a Duty to Prevent Harm in Tort? A Common Law Perspective

2021 ◽  
Vol 12 (2) ◽  
pp. 116-145
Author(s):  
Paula Giliker
Keyword(s):  
Human Rights ◽  
Common Law ◽  
Tort Law ◽  
Public Authority ◽  
Public Authorities ◽  
Statutory Duty ◽  
Starting Point ◽  
Private And Public ◽  
Legal Position ◽  
The Common

Abstract In this paper, I will examine the extent to which the common law of tort in England and Wales imposes a duty to prevent harm on public authorities and private individuals. As will be seen, the starting point for the common law is that such liability should, in both cases, be regarded as exceptional. This must, however, be weighed against duties to prevent harm that arise under the torts of negligence and breach of statutory duty. Public authorities may also face claims that their failure to prevent harm is in breach of ECHR arts 2 or 3. While the law is complex, this paper identifies three key arguments that explain the current legal position at common law, namely that: (i) tort law should treat private and public parties alike: (ii) human rights claims should be treated as distinct from private law claims and (iii) libertarian concerns signify that a duty to prevent harm should be exceptional and needs to be justified. While these arguments provide both an explanation of and a justification for the current law, this article questions to what extent the treatment of public authority liability may be regarded as unduly harsh on vulnerable claimants.

scholarly journals Nullum Crimen and International Criminal Law: The Relevance of the Foreseeability Test

2015 ◽  
Vol 84 (3) ◽  
pp. 515-531
Author(s):  
Harmen van der Wilt
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
International Criminal ◽  
War Crimes ◽  
International Criminal Law ◽  
International Crimes ◽  
European Court ◽  
Starting Point

This article traces the development of the foreseeability test in the context of the nullum crimen principle. While the European Court of Human Rights has introduced the ‘accessibility and foreseeability’ criteria long ago in the Sunday Times case, the Court has only recently started to apply this standard with respect to international crimes. In the Kononov case, judges of the European Court of Human Rights exhibited strongly divergent opinions on the question whether the punishment of alleged war crimes that had been committed in 1944 violated the nullum crimen principle. According to this author, the dissension of the judges demonstrates the lack of objective foreseeability, which should have served as a starting point for the assessment of the subjective foreseeability and a – potentially exculpating – mistake of law of the perpetrator. The Court should therefore have concluded that the nullum crimen principle had been violated.

scholarly journals Are Rights Out of Time? International Human Rights Law, Temporality, and Radical Social Change

2018 ◽  
Vol 28 (6) ◽  
pp. 817-838 ◽  
Author(s):  
Kathryn McNeilly
Keyword(s):  
Human Rights ◽  
Social Change ◽  
20Th Century ◽  
Judith Butler ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
The Future ◽  
International Human ◽  
The Relationship

Human rights were a defining discourse of the 20th century. The opening decades of the twenty-first, however, have witnessed increasing claims that the time of this discourse as an emancipatory tool is up. Focusing on international human rights law, I offer a response to these claims. Drawing from Elizabeth Grosz, Drucilla Cornell and Judith Butler, I propose that a productive future for this area of law in facilitating radical social change can be envisaged by considering more closely the relationship between human rights and temporality and by thinking through a conception of rights which is untimely. This involves abandoning commitment to linearity, progression and predictability in understanding international human rights law and its development and viewing such as based on a conception of the future that is unknown and uncontrollable, that does not progressively follow from the present, and that is open to embrace of the new.

scholarly journals Public Morality as a Legitimate Aim to Limit Rights and Freedoms in the National and International Legal Order

2019 ◽  
pp. 10-20
Author(s):  
Anna Młynarska-Sobaczewska ◽  
Katarzyna Kubuj ◽  
Aleksandra Mężykowska
Keyword(s):  
Human Rights ◽  
Moral Judgments ◽  
Moral Issues ◽  
National Courts ◽  
European Court ◽  
Starting Point ◽  
International Legal Order ◽  
Protection Of Human Rights ◽  
Human Rights Standards ◽  
The Impact

Domestic legislation and international instruments designed for the protection of human rights provide for general clauses allowing limitations of rights and freedoms, e.g. public morals. A preliminary analysis of the case-law leads to the observation that both national courts and the European Court of Human Rights, when dealing with cases concerning sensitive moral issues, introduce varied argumentation methods allowing them to avoid making direct moral judgments and relying on the legitimate aim of protecting morality. In the article the Authors analyse selected judicial rulings in which moral issues may have played an important role. The scrutiny is done in order to identify and briefly discuss some examples of ways of argumentation used in the area under discussion by domestic and international courts. The identification of the courts’ methods of reasoning enables us in turn to make a preliminary assessment of the real role that the morality plays in the interpretation of human rights standards. It also constitutes a starting point for further consideration of the impact of ideological and cultural connotations on moral judgments, and on the establishment of a common moral standard to be applied in cases in which restriction on human rights and freedoms are considered.

Fourth Generation of Rights and Their Reflections on Human Resources Practices in Tourism Businesses

2022 ◽  
pp. 1390-1411
Author(s):  
Füsun Istanbullu Dinçer ◽  
Gul Erkol Bayram ◽  
Ozlem Altunoz
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Human Resources ◽  
Tourism Development ◽  
Tourism Industry ◽  
Future Generations ◽  
Current Status ◽  
Fourth Generation ◽  
Current Perspective ◽  
Starting Point

Sustainable development, which has been emphasized in the tourism system where sustainability has been targeted for years, temporarily eliminated the problems such as poverty, unemployment, and hunger for that period; however, it has affected tourism development by ignoring the rights of the ecosystem, future generations, and cities, thus causing some problems today. For these reasons, the need for handling with the manpower in tourism with a perspective that is more conscious, sensitive, and predictive than the current perspective has emerged. Taking these as a starting point, the study will include the following topics: the fourth generation of human rights, the current status, problems and opportunities of human resources in the tourism industry, and the reflection of the fourth generation of human rights on human resources.

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