scholarly journals Durkheim on Moral Individualism, Social Justice and Rights: A Gendered Construction of Rights

2012 ◽  
Vol 37 (4) ◽  
pp. 409-438
Author(s):  
Marcela Cristi
Keyword(s):  
Social Justice ◽  
Gender Inequality ◽  
Social Order ◽  
Individual Rights ◽  
Standard Interpretation ◽  
Moral Individualism ◽  
Class Stratification ◽  
Male Individual ◽  
Just Society ◽  
The Individual

A standard interpretation of Durkheim’s theory of individualism is that he advocated the rights and dignity of the individual, and a social order based on the principles of equality and justice. Contemporary scholars discuss his notion of individual rights in neutral terms, as if Durheim applied it equally to both sexes, ignoring the fact that women are excluded from Durkheim’s vision of a just society. This article places Durkheim’s theory of moral individualism and social justice in the context of his views on women, and offers a critique both of his theory and its present-day interpretation. It is argued that while Durkheim refers to the “individual” in generic terms, his approach to a just social order and universal rights is essentially articulated around the male individual. While Durkheim never problematized gender inequality, he strongly objected to class stratification and proposed practical solutions to lessen economic injustices and inequality.

William Fremantle, Samuel Barnett and the Broad Church Origins of Toynbee Hall

1982 ◽  
Vol 33 (4) ◽  
pp. 564-579 ◽  
Author(s):  
L. E. Nettleship
Keyword(s):  
Political Economy ◽  
Social Justice ◽  
Middle Class ◽  
Economic System ◽  
Social Order ◽  
Economic Success ◽  
The Poor ◽  
New Concepts ◽  
The Social ◽  
The Individual

Contemporaries and historians alike have regarded the 1880s as a watershed in Victorian thought. They have argued that before the 1880s the well-to-do held firmly to a belief in Political Economy and attributed economic success to the high moral character and hard work of the individual. By the 1880s these beliefs had begun to waver, and many who had themselves prospered from the new economic system began to question its assumptions and develop a sense of responsibility toward those beneath them in the social order. One institution which seems to represent this change is Toynbee Hall, the first English settlement house, founded in 1884. Headed by a middle-class clergyman, Samuel Barnett, staffed by well-educated and well-to-do volunteers and dedicated to bringing education and culture to the poor, it seems to be an example, par excellence, of the newly heightened middle-class social conscience typical of the 1880s.2 But close examination reveals that the origins of Toynbee Hall date back to the 1870s, to the broad church orientation and parish practices of Samuel Barnett. Rooted in his modest day-to-day pastoral work rather than in new concepts of social justice, Toynbee Hall raises the question of whether in fact the 1880s constitute a great divide in Victorian thought or a period of continuation, expansion and institutionalisation of earlier ideas and practices.

Hegel, Tocqueville, and “Individualism”

2005 ◽  
Vol 67 (4) ◽  
pp. 659-686 ◽  
Author(s):  
Dana Villa
Keyword(s):  
Political Philosophy ◽  
Eighteenth Century ◽  
Social Contract ◽  
Individual Rights ◽  
Associational Life ◽  
Moral Individualism ◽  
Civic Republicanism ◽  
The Many ◽  
The Individual ◽  
Liberal Individualism

Critics of liberal individualism have pointed out the many failures of “atomism” as a method in social and political philosophy. Their methodological criticisms have a tendency, however, to devolve into repudiations of moral individualism as such. In part, this is due to a misreading of Hegel and Tocqueville, two critics of individualism who nevertheless upheld the importance of individual rights and what Hegel called “freedom of subjectivity.” My essay brings these two very different theorists together in order to show how each deliberately dispensed with the ontology inherited from eighteenth-century social contract theory, the better to focus on associational life and public freedom. The end result is not a relapse into the rhetoric of civic republicanism, but a refurbishment of that tradition from the standpoint of modern liberty: the liberty of the individual. This common project links Hegel, the idealist philosopher, and Tocqueville, the liberal-republican, in unexpected but complementary ways.

scholarly journals Design of Social Justice In Administrative Courts

2018 ◽  
Vol 54 ◽  
pp. 03003
Author(s):  
Indriati Amarini
Keyword(s):  
Social Justice ◽  
Public Interest ◽  
Individual Rights ◽  
Individual Interest ◽  
The Public ◽  
Administrative Action ◽  
The People ◽  
The Social ◽  
The Government ◽  
The Individual

This study attempts to discover that an administrative court is a justice institution used as an access by people to get justice in administration. The administrative court carrying out the supervisory function of state administrative action has to be able to give justice in the administration, namely the social justice. The social justice is built on the state’s philosophy, Pancasila, namely the balance between the individual rights (individual interest) and the public interest so as to create balance, concordance, conformity, and harmony between the government and the people.

Two Models of Pluralism and Tolerance

1992 ◽  
Vol 14 (1) ◽  
Author(s):  
Will Kymlicka
Keyword(s):  
Political Theory ◽  
Recent Work ◽  
John Rawls ◽  
Religious Pluralism ◽  
Religious Diversity ◽  
Individual Autonomy ◽  
Individual Rights ◽  
Group Rights ◽  
The Individual ◽  
Social Pluralism

AbstractIn his most recent work, John Rawls argues that political theory must recognize and accomodate the ‘fact of pluralism’, including the fact of religious diversity. He believes that the liberal commitment to individual rights provides the only feasible model for accomodating religious pluralism. In the paper, I discuss a second form of tolerance, based on group rights rather than individual rights. Drawing on historical examples, I argue that this is is also a feasible model for accomodating religious pluralism. While both models ensure tolerance between groups, only the former tolerates individual dissent within groups. To defend the individual rights model, therefore, liberals must appeal not only to the fact of social pluralism, but also to the value of individual autonomy. This may require abandoning Rawls’s belief that liberalism can and should be defended on purely ‘political’, rather than ‘comprehensive’ grounds.

What Makes a Hero? Theorising the Social Structuring of Heroism

Sociology ◽  
2018 ◽  
Vol 53 (1) ◽  
pp. 87-103 ◽  
Author(s):  
Kristian Frisk
Keyword(s):  
Social Order ◽  
Sociological Research ◽  
Social Phenomenon ◽  
The Social ◽  
The Individual ◽  
Social Structuring ◽  
The Relationship

The article discusses four dominant perspectives in the sociology of heroism: the study of great men; hero stories; heroic actions; and hero institutions. The discussion ties together heroism and fundamental sociological debates about the relationship between the individual and the social order; it elucidates the socio-psychological, cultural/ideational and socio-political structuring of heroism, which challenges the tendency to understand people, actions and events as naturally, or intrinsically, heroic; and it points to a theoretical trajectory within the literature, which has moved from very exclusive to more inclusive conceptualisations of a hero. After this discussion, the article examines three problematic areas in the sociology of heroism: the underlying masculine character of heroism; the presumed disappearance of the hero with modernisation; and the principal idea of heroism as a pro-social phenomenon. The article calls for a more self-conscious engagement with this legacy, which could stimulate dialogue across different areas of sociological research.

Reflections on the existence of the science of criminal law

2021 ◽  
pp. 156-161
Author(s):  
I. Mytrofanov
Keyword(s):  
Social Justice ◽  
Public Relations ◽  
Criminal Law ◽  
The State ◽  
Crime And Punishment ◽  
Self Defense ◽  
Illegal Acts ◽  
The Subject ◽  
The Individual ◽  
The Right

The article states that today the issues of the role (purpose) of criminal law, the structure of criminal law knowledge remain debatable. And at this time, questions arise: whose interests are protected by criminal law, is it able to ensure social justice, including the proportionality of the responsibility of the individual and the state for criminally illegal actions? The purpose of the article is to comprehend the problems of criminal law knowledge about the phenomena that shape the purpose of criminal law as a fair regulator of public relations, aimed primarily at restoring social justice for the victim, suspect (accused), society and the state, the proportionality of punishment and states for criminally illegal acts. The concepts of “crime” and “punishment” are discussed in science. As a result, there is no increase in knowledge, but an increase in its volume due to new definitions of existing criminal law phenomena. It is stated that the science of criminal law has not been able to explain the need for the concept of criminal law, as the role and name of this area is leveled to the framework terminology, which currently contains the categories of crime and punishment. Sometimes it is not even unreasonable to think that criminal law as an independent and meaningful concept does not exist or has not yet appeared. There was a custom to characterize this right as something derived from the main and most important branches of law, the criminal law of the rules of subsidiary and ancillary nature. Scholars do not consider criminal law, for example, as the right to self-defense. Although the right to self-defense is paramount and must first be guaranteed to a person who is almost always left alone with the offender, it is the least represented in law, developed in practice and available to criminal law subjects. Today, for example, there are no clear rules for the necessary protection of property rights or human freedoms. It is concluded that the science of criminal law should develop knowledge that will reveal not only the content of the subject of this branch of law, but will focus it on new properties to determine the illegality of acts and their consequences, exclude the possibility of using its means by legal entities against each other.

Is the assessment under Article 8 ECHR for migrants justifiable?

2021 ◽  
pp. 1023263X2110614
Author(s):  
Jennie Edlund ◽  
Václav Stehlík
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Case Law ◽  
European Convention ◽  
Individual Rights ◽  
Foreign Nationals ◽  
European Court ◽  
The Family ◽  
The Individual ◽  
The Way

The paper analyses the protection granted under Article 8 of the European Convention of Human Rights for different immigration cases. The way the European Court of Human Rights determines compliance with Article 8 for settled migrants differs from the way the Court determines compliance for foreign nationals seeking entry or requesting to regularize their irregular migration status. The paper argues that the European Court of Human Rights application of different principles when determining a States’ positive and negative obligations is contradicting its own case law. It also argues that the absence of justification grounds for the refusal of foreign nationals who are seeking entry lacks legitimacy. By treating all immigration cases under Article 8(2) the paper suggests that the differentiation between cases should be based on how a refusal of entry or an expulsion would impact on the family life. The paper also suggests that more consideration should be given towards the insiders interests when balancing the individual rights against the state's interests. These changes would lead to a more consistent and fair case law and generate a more convergent practice by the states which will increase the precedent value of the Court's judgements.

Migrating Meanings

2019 ◽  
Author(s):  
James W. Underhill ◽  
Mariarosaria Gianninoto ◽  
Mariarosaria Gianninoto
Keyword(s):  
Mandarin Chinese ◽  
Historical Narratives ◽  
Individual Rights ◽  
Lingua Franca ◽  
Broad View ◽  
European Languages ◽  
The People ◽  
The Future ◽  
The Individual ◽  
Historical Accounts

Exploring the roots of four keywords for our times: Europe, the citizen, the individual, and the people, Mariarosaria Gianninoto’s and James Underhill’s Migrating Meanings (2019) takes a broad view of conceptualization by taking on board various forms of English, (Scottish, American, and English), as well as other European languages (German, French, Spanish & Czech), and incorporating in-depth contemporary and historical accounts of Mandarin Chinese. The corpus-based research leads the authors to conclude that the English keywords are European concepts with roots in French and parallel traditions in German. But what happens to Chinese words when they come into contact with migrating meanings from Europe? How are existing concepts like the people transformed? This book goes beyond the cold analysis of concepts to scrutinize the keywords that move people and get them excited about individual rights and personal destinies. With economic, political and cultural globalisation, our world is inseparable from the fates of other nations and peoples. But how far can we trust English to provide us with a reliable lingua franca to speak about our world? If our keywords reflect our cultures and form parts of specific cultural and historical narratives, they may well trace the paths we take together into the future. This book helps us to understand how other languages are adapting to English words, and how their worldviews resist ‘anglo-concepts’ through their own traditions, stories and worldviews.

scholarly journals Khlaifia and Others v. Italy

2018 ◽  
Vol 112 (2) ◽  
pp. 274-280
Author(s):  
Jill I. Goldenziel
Keyword(s):  
Human Rights ◽  
Asylum Seekers ◽  
European Convention ◽  
Individual Rights ◽  
Detention Centers ◽  
European Court ◽  
Grand Chamber ◽  
The Individual ◽  
The Arab Spring ◽  
Domestic Law

In Khlaifia and Others v. Italy, the Grand Chamber of the European Court of Human Rights (Grand Chamber or Court) released a landmark opinion with broad implications for how states must respect the individual rights of migrants. In the judgment, issued on December 15, 2016, the Court held that Italy's treatment of migrants after the Arab Spring violated the requirement of the European Convention on Human Rights (ECHR) that migrants receive procedural guarantees that enable them to challenge their detention and expulsion. The Court also held that Italy's treatment of migrants in detention centers did not violate the ECHR's prohibition on cruel and inhuman treatment, in part due to the emergency circumstances involved. The Court further held that Italy's return of migrants to Tunisia did not violate the prohibition on collective expulsion in Article 4 of Protocol 4 of the ECHR. Enforcement of the judgment would require many European states to provide a clear basis in domestic law for the detention of migrants and asylum-seekers. Given the global diffusion of state practices involving migrants, and other states’ desires to restrict migration, this case has broad implications for delineating the obligations of states to migrants and the rights of migrants within receiving countries.

Gender and Social Security: Some Lessons from Europe

2002 ◽  
Vol 4 (3) ◽  
pp. 227-239 ◽  
Author(s):  
Ann-Charlotte Ståhlberg
Keyword(s):  
Social Security ◽  
Labour Market ◽  
Old Age ◽  
Gender Inequality ◽  
Sickness Benefit ◽  
Men And Women ◽  
Dual Earner ◽  
The Family ◽  
Gender Neutral ◽  
The Individual

Different social security schemes affect men and women differently. This article compares the family or single earner model with the individual or dual earner model and examines their impact on gender inequality. However, even where social security schemes are designed to be gender neutral, when applied in a context that is systematically structured by gender, it points out that they will have a different impact on men and women. The article examines the ways in which supposedly gender-neutral rules, in sickness benefit, survivors' pensions and old age pensions have affected men and women in Sweden and concludes that, if countries wish to achieve equal economic outcomes for men and women, they will need to introduce measures to equalise men's and women's commitments to the home and the labour market, and to enable women to attain higher-paid jobs on the same basis as men.

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