Restating Rights in African Communitarianism

Theoria ◽  
2018 ◽  
Vol 65 (157) ◽  
pp. 57-77 ◽  
Author(s):  
Bernard Matolino
Keyword(s):  
Individual Rights ◽  
Full Account ◽  
Multiple Factors ◽  
The Individual ◽  
Inherent Component

In classical African communitarianism, individual rights have tended to be accorded a secondary status to the good of the community. What is prioritised are the duties and obligations the individual has to the whole as opposed to the entitlements one can expect to derive from a community qua individual. I seek to show that this view, by its own standards and assumptions, is erroneous in framing rights as secondary to the good of the community. I attempt to show that individual rights are an inherent component of classical African communitarian accounts. Further, I seek to argue for a non-communalist view of African communitarianism which takes into full account the multiple factors that constitute modern African communities. Such a view, I suggest, will avoid the unnecessary dichotomisation of rights which has become synonymous with the classical African communitarian account.

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.

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.

Three Perspectives on Video Game Learning

2016 ◽  
pp. 167-195
Author(s):  
Zeynep Tanes
Keyword(s):  
Video Games ◽  
Social Marketing ◽  
Learning Process ◽  
Video Game ◽  
Community Or ◽  
Ways Of Thinking ◽  
The Individual ◽  
Game Elements ◽  
Inherent Component

Video games and gamified applications have been used for various purposes including helping businesses (in commercial marketing), or helping the individual, community or society (in social marketing). Video games are systems with rules, play structures, and narratives; while gamified applications utilize game elements, mechanics, and ways of thinking to generate meaningful, playful and fun experiences. Both video games and gamified applications require a learning process including learning to play, and learning through the game. This chapter advocates that learning is an inherent component of video games and gamified applications. The main purpose of this chapter is to examine the concept of ‘game learning' from three major theoretical positions, namely Behaviorism, Cognitivism, and Constructivism. In doing so, this chapter first explains, compares, and contrasts these three positions, then elaborates on how learning takes place in specific games designed for commercial and social marketing with the lens of these three positions.

Educational Policy and Practice Contexts

2019 ◽  
pp. 39-66
Author(s):  
Misa Kayama ◽  
Wendy L. Haight ◽  
May-Lee Ku ◽  
Minhae Cho ◽  
Hee Yun Lee
Keyword(s):  
Special Education ◽  
Educational Policy ◽  
Inclusive Education ◽  
Individual Rights ◽  
Education Policies ◽  
Policy And Practice ◽  
Relative Risks ◽  
Culturally Based ◽  
The Individual ◽  
The U.S

Chapter 3 lays the groundwork for understanding how educators incorporate national special education policies into their local, culturally based practices. It examines national disability policies and services in Japan, South Korea, Taiwan, and the U.S. Special education policies in all four nations have been influenced by the contemporary, international trend of inclusive education. Yet the ways in which policymakers and educators have responded to such international initiatives, which reinforce the individual rights of children with disabilities, vary cross-culturally. Such variation partly reflects culturally based differences in how the relative risks of disability labels and the benefits of specialized support are weighted, especially for these children whose functioning is at the border of “typical development” and “having disabilities.”

Private Lives, State Intervention: Cases of Runaway Marriage in Rural North India

2004 ◽  
Vol 38 (1) ◽  
pp. 55-84 ◽  
Author(s):  
Prem Chowdhry
Keyword(s):  
Common Ancestor ◽  
State Intervention ◽  
North India ◽  
Individual Rights ◽  
Private Lives ◽  
Legal Restrictions ◽  
The Law ◽  
Patrilineal Descent ◽  
The Individual ◽  
Caste Groups

The introduction of modern concepts like adulthood and sanctity given to individual rights has legally turned the individual settlement of marriage between two consenting adults to be legitimate. Under the Hindu Marriage Act 1955, except for certain incest taboos, the legal restrictions on marriage of two adult Hindus are almost non-existent. Briefly speaking, this means that under the law both sagotra (same gotra) and inter-caste marriages are permitted. Yet, the customary rules regulating marriages in most parts of north India are based upon caste endogamy, village and clan exogamy. While keeping within caste, they adopt the gotra or got, as is known in rural north India, rule of exogamy (gotra are an exogamous patrilineal clan whose members are thought to share patrilineal descent from a common ancestor). For marriage certain prohibited degrees of kinship have to be avoided. As a rule three or four got exogamy is followed by most caste groups upper or lower. Any break in this, though legally allowed, is not acceptable.

scholarly journals The individual in China

1988 ◽  
Vol 17 (2) ◽  
pp. 28-31
Author(s):  
Lester Ross ◽  
Mitchell Silk
Keyword(s):  
Economic Reform ◽  
Present State ◽  
Rule Of Law ◽  
Individual Rights ◽  
The Rule Of Law ◽  
The Individual

In spite of rebuffs, China's reformers are still in charge, as the recent 13th Congress confirmed. We look at the present state of political and economic reform, the rule of law, and individual rights

Rights and Responsibilities Online: A Paradox for Our Times

First Monday ◽  
2008 ◽  
Author(s):  
Jonathan F. Fanton
Keyword(s):  
Social Network ◽  
Digital Media ◽  
Virtual Worlds ◽  
Social Network Sites ◽  
Democratic Society ◽  
Legal Issues ◽  
The Internet ◽  
Individual Rights ◽  
Game Players ◽  
The Individual

The Internet is hailed as a democratic force freeing people from inherited orthodoxy and hierarchy. Yet some observers and visitors of virtual worlds decry the absence of the individual rights we have come to expect in a democratic society. This paradox of the Internet’s democratic promise and lack of democratic protections raises vexing legal issues. What are the rights and responsibilities of owners and users of digital media, profilers on social network sites, game players and participants in virtual worlds of all types? These issues must be addressed if the power of community is to be realized in a just and sustainable way.

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