Shifting the Matrix from Legal Passivity to a New Domestic Legal Order: Towards the Justiciability of Economic, Social and Cultural Rights in Cameroon

2017 ◽  
Vol 25 (2) ◽  
pp. 176-198
Author(s):  
Avitus A. Agbor
Keyword(s):  
Second Generation ◽  
Legal Order ◽  
Legal Systems ◽  
New Paradigm ◽  
Institutional Reforms ◽  
Cultural Rights ◽  
Structural Limitation ◽  
The Matrix ◽  
African Charter

Despite the fact that economic, social and cultural rights (ESCR) have been categorised as ‘second-generation rights’, the evolving jurisprudence of international bodies indicate that these are legally recognised rights worthy of protection, promotion and enforcement. Subjecting the realisation of these rights to the availability of resources has become a structural limitation that is being invoked by many African states to justify why ESCR have not earned the recognition, protection, promotion and enforceability they deserve in their domestic legal systems. As Cameroon's attitude towards ESCR puts her in material breach of her obligations arising from the ICESCR and the African Charter on Human and Peoples’ Rights, it is argued that achieving recognition, promotion and protection of ESCR in Cameroon requires justiciability of ESCR as a new paradigm: by the very nature of justiciability, legislative and institutional reforms will have to be implemented.

The Ogoni Case Before The African Commission on Human and Peoples' Rights

2003 ◽  
Vol 52 (3) ◽  
pp. 749-760 ◽  
Author(s):  
Fons Coomans
Keyword(s):  
Human Rights ◽  
Dynamic Approach ◽  
Effective Protection ◽  
Cultural Rights ◽  
African Charter ◽  
First Time ◽  
African Commission

In 2001, the African Commission on Human and Peoples' Rights concluded consideration of a communication under Article 55 of the African Charter on Human Rights and Peoples' Rights which dealt with alleged violations of human rights of the Ogoni people in Nigeria.1 This communication is important and special, because, for the first time, the Commission was able to deal in a substantive and groundbreaking way with alleged violations of economic, social and cultural rights which formed the substance of the complaint. In addition, in dealing with the communication, the Commission took a firm and dynamic approach that may contribute to a better and more effective protection of economic, social and cultural rights in Africa. This article discusses the case before the Commission and tries to characterize the decision of the Commission as an application of recent approaches to strengthen implementation and supervision of economic, social and cultural rights.

scholarly journals A General Principle of Isomorphism: Determining Inverses

Symmetry ◽  
2019 ◽  
Vol 11 (10) ◽  
pp. 1301 ◽  
Author(s):  
Vladimir S. Kulabukhov
Keyword(s):  
System Theory ◽  
General Principle ◽  
Algebraic System ◽  
New Paradigm ◽  
Principle Of Relativity ◽  
The Matrix ◽  
Proven Theorem ◽  
Derived Rules

The problem of determining inverses for maps in commutative diagrams arising in various problems of a new paradigm in algebraic system theory based on a single principle—the general principle of isomorphism is considered. Based on the previously formulated and proven theorem of realization, the rules for determining the inverses for typical cases of specifying commutative diagrams are derived. Simple examples of calculating the matrix maps inverses, which illustrate both the derived rules and the principle of relativity in algebra based on the theorem of realization, are given. The examples also illustrate the emergence of new properties (emergence) in maps in commutative diagrams modeling (realizing) the corresponding systems.

Ethnic Church Meets Megachurch

2017 ◽  
Author(s):  
Prema A. Kurien
Keyword(s):  
United States ◽  
Second Generation ◽  
Coming Of Age ◽  
Participant Observation ◽  
Field Research ◽  
The United States ◽  
New Paradigm ◽  
Cultural Traditions ◽  
South Indian ◽  
European Immigrants

This book examines how a new paradigm of ethnicity and religion is shaping contemporary immigrant religious institutions and the intergenerational transmission of religion. While earlier European immigrants to the United States were expected to assimilate to the culture of the host society in the public realm, they could maintain their community lives and cultural traditions through American denominations. In contemporary society, multiculturalism and post-denominationalism have reversed this paradigm. First- and second-generation immigrants integrate by remaining ethnic and group-identified, but religion is viewed as a personal quest. Drawing on multisited field research in the United States and India, including interviews and participant observation in the Mar Thoma Syrian Christian denomination belonging to an ancient south Indian community, the book looks at the shifts in the understanding and practice of Christianity by church members as a result of their U.S. migration and the coming of age of the American-born generation. The widespread prevalence of megachurches and the dominance of American evangelicalism created an environment in which the traditional practices of the Mar Thoma church seemed alien to its American-born generation. Second-generation Mar Thoma Americans were caught between their criticisms of the “ethnic” character of the Mar Thoma church and its traditions, and their appreciation for the social support its warm community and familial relationships provided them as they were growing up. This book is also a case study of global religion. It examines how transnational processes shape religion in both the place of destination and the place of origin.

European Legal Systems are not Converging

1996 ◽  
Vol 45 (1) ◽  
pp. 52-81 ◽  
Author(s):  
Pierre Legrand
Keyword(s):  
Economic Integration ◽  
Common Law ◽  
Legal Order ◽  
Legal Systems ◽  
Member States ◽  
World Markets ◽  
Early Decision ◽  
Economic Considerations ◽  
Legal Integration

Since the late 1940s, economic considerations relating to the globalisation of world markets have led an ever larger group of Western European countries to unite in the quest for a supra-national legal order which, in time, generated the European Community. Most of these countries' legal orders claim allegiance to what anglophones are fond of labelling the “civli law” tradition,1although two common law jurisdictions joined the Community in the early 1970s. The European Community's early decision to promote economic integration (and, later, other types of integration) through harmonisation or unification has involved, at both Community and national levels (for the implementation of Community rules in the member States carries the adoption ofnationalrules in all member States), a process of relentless “juridification”; law, in the guise of legislatively or judicially enacted rules, has assumed the role of a “steering medium”.2This development was foreseeable: once the interaction among European legal systems had acted as a catalyst for the creation of a supra-system,3the need to achieve reciprocal compatibility between the infra-systems and the supra-system naturally fostered the development of an extended network of interconnections (such as regulations and directives) which eventually raised the question of further legal integration in the form of a common law of Europe.4

Legality Without The Rule of Law? Scott Shapiro on Wicked Legal Systems

2012 ◽  
Vol 25 (1) ◽  
pp. 183-200
Author(s):  
David Dyzenhaus
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Natural Law ◽  
Legal Order ◽  
Legal Positivism ◽  
Legal Systems ◽  
The Rule Of Law ◽  
Moral Quality ◽  
Legal Positivist

InLegality,Scott Shapiro – a leading legal positivist – analyses the problem of a wicked legal system in a way that brings him close to natural law positions. For he argues that a wicked legal system is botched as a legal system and I show that such an argument entails a prior argument that there is some set of standards or criteria internal to law which are both moral and legal. As a result, the more successful a legal order is legally speaking, the better the moral quality of its law, and the more it is a failure morally speaking, the worse the legal quality of its law. It is such moral features of law that Shapiro concedes make it plausible to account for law’s claim to justified authority over its subjects. However, Shapiro cannot, as a legal positivist, accept this entailment. His book thus brings to the surface and illuminates a central dilemma for legal positivism. If legal positivists wish to account for the authority of law they have to abandon legal positivism’s denial that law has such moral features. If they do not, they should revive a form of legal positivism that specifically abjures any claim to account for law’s normative nature.

Fibrillin microfibrils: multipurpose extracellular networks in organismal physiology

2004 ◽  
Vol 19 (2) ◽  
pp. 151-154 ◽  
Author(s):  
Francesco Ramirez ◽  
Lynn Y. Sakai ◽  
Harry C. Dietz ◽  
Daniel B. Rifkin
Keyword(s):  
Connective Tissue ◽  
Structural Integrity ◽  
Growth Factor Signaling ◽  
Therapeutic Approaches ◽  
New Paradigm ◽  
Genetic Studies ◽  
Organ Systems ◽  
The Matrix ◽  
Matrix Components ◽  
Regulation Of Growth

Organismal physiology depends significantly on the proper assembly of extracellular matrix (ECM) macroaggregates that impart structural integrity to the connective tissue. Recent genetic studies in mice have unraveled unsuspected new functions of architectural matrix components in regulating signaling events that modulate patterning, morphogenesis, and growth of several organ systems. As a result, a new paradigm has emerged whereby tissue-specific organization of the ECM dictates not only the physical properties of the connective tissue, but also the ability of the matrix to direct a broad spectrum of cellular activities through the regulation of growth factor signaling. These observations pave the way to novel therapeutic approaches aimed at counteracting the deleterious consequences of perturbations of connective tissue homeostasis.

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