Global constitutionalism without global democracy? Human rights and human dignity in a corporate world

Author(s):  
Cristina Lafont
2016 ◽  
Vol 30 (2) ◽  
pp. 233-252 ◽  
Author(s):  
Cristina Lafont

In recent years philosophical debates on human rights have focused upon the contrast between humanist and political conceptions of human rights. Defenders of the humanist conception take human rights to be those rights that we have solely in virtue of being human. By contrast, defenders of the political conception aim to offer an account of human rights practice without any recourse to notions such as human dignity, personhood, etc. They take human rights to be those rights that we have in virtue of being subject to political authority. In this essay, I show some of the problematic implications of endorsing this aspect of the political conception. After analyzing some key functions that the concept of human dignity plays in human rights practice, I focus on the gradual extension of legal human rights to corporations. I analyze the negative effects that the distinctive functions of human rights norms can have upon the human rights of natural persons once corporations are recognized as legal persons bearing human rights. Turning to human rights jurisprudence I then explore the normative resources that the concept of human dignity has to offer in order to prevent such negative effects and which are unavailable to a conception of human rights that disregards the humanist core of human rights practice.


2015 ◽  
Vol 3 (2) ◽  
pp. 227-241
Author(s):  
Mirko Pecaric

This paper explores recent notions in public administration, which are intertwined and addressed to the administration of public affairs. On this basis it demonstrates that content of legal system is filled through the static legal principles and rules, but they receive their real content through the informal practices and conditions of the human mind. The paper concludes that discussed notions could have only one name, because they all are the synonyms of reciprocal relation between the human dignity and efficient administration.


2020 ◽  
Vol 25 (1) ◽  
pp. 13-36
Author(s):  
Wojciech Szczerba

This article aims to examine how the concept of Imago Dei can serve as a symbol for the broadly understood idea of religious inclusion and human dignity. The article explores the concept of Imago Dei primarily from a protological perspective, analyzing its usage in biblical writings, theological tradition and modern philosophy. The substantial, relational and functional—which three usages of the concept can be found in the inclusive theology of Gregory of Nyssa—are analyzed in this article. Arguably, in the context of religious inclusion, the relational angle of Imago Dei seems to be the most important. Similarly contemporary Protestant theologian, Jürgen Moltmann states in his book, God in the Creation, that the “relational” concept of Imago Dei underscores the fundamental dignity of every person. In his book, God for Secular Society, Moltmann states that properly understood human rights should include democratic relationships between people, cooperation between societies, concern for the environment in which people live, and responsibility for future generations. From these perspectives, the concept of Imago Dei can be utilized as a symbol indicating the dignity of every person and human community, but also a symbol against any types of racism, nationalism or xenophobia.


Author(s):  
William Durch ◽  
Joris Larik ◽  
Richard Ponzio

Security and justice are both essential elements in humanity’s quest not only to survive but to thrive with dignity; neither is sustainable alone. Security is merely the appearance of order in a framework of structural violence unless tempered or leavened by concepts of justice that include human rights, human dignity, and other normative limits on the use of power. The pursuit of justice, whether at the personal, community, national, or international level can be crippled if not matched, in turn, by means to sustain security at each level. This complementarity of security and justice—despite their inherent tensions—is the core conceptual framework of the book. Achieving “just security,” we argue, is essential to the success of any global governance enterprise or architecture.


2020 ◽  
Vol 9 (3) ◽  
pp. 523-530
Author(s):  
CLAUDIO CORRADETTI

AbstractIn this contribution I provide an interpretation of Stone Sweet’s and Ryan’s cosmopolitan legal order in conjunction with a certain reconstruction of the Kantian cosmopolitan rationale. Accordingly, I draw attention to the connection between the notion of a general (cosmopolitan) will in Kant’s reinterpretation of Rousseau and the role of the European Court of Human Rights (ECtHR) as an ‘interpreter’ of such will. I conclude by suggesting that the opportunity of extending the CLO also accounts for a variety of other poliarchical regimes that, taken as a whole, illustrate the landscapes of contemporary global constitutionalism.


2020 ◽  
Vol 9 (3) ◽  
pp. 543-551
Author(s):  
WAYNE SANDHOLTZ

AbstractIn A Cosmopolitan Legal Order, Stone Sweet and Ryan suggest that ‘from the standpoint of global law, we see that the [European Court of Human Rights] has taken its place in a pluralist, rights-based international order, as one trustee of this global order’. This article is a preliminary attempt to evaluate signs of movement toward global rights review. A multi-level charter of rights exists in the network of international and regional human rights treaties and in national constitutions. An incipient structure of global rights review exists in the form of the regional human rights courts, which see themselves as trustees of the larger global human rights system. Judicial dialogue among the regional courts allows for informal, decentralized coordination among them. The European Court of Human Rights serves as a point of reference for the African and Inter-American systems, though these also cite each other. Transregional judicial dialogue establishes a rudimentary, informal and decentralized mechanism of coordination among bodies that exercise a review function in the multi-level system of international human rights.


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