A positive duty imposed on humans to ensure the survival of Earths SES

2021 ◽  
pp. 225-235
Keyword(s):  
Positive Duty

Positive Duties and Gender Equality

2005 ◽  
Vol 8 (1-2) ◽  
pp. 91-120 ◽  
Author(s):  
Colm O'cinneide
Keyword(s):  
Gender Equality ◽  
Gender Discrimination ◽  
Fourth Generation ◽  
Positive Duty ◽  
Public Authorities ◽  
Substantive Equality ◽  
Promote Gender Equality ◽  
Positive Duties ◽  
And Gender ◽  
First Time

The imposition since 1998 of a variety of positive equality duties upon public authorities has attracted comparatively little academic attention. However, these duties are a central part of current government equality initiatives, increasingly constitute a major part of the work of the UK's equality commissions, and have been described as an essential part of a new ‘fourth generation’ of equality legislation. It now appears likely that a positive duty to promote gender equality will soon be imposed upon public authorities, which will complement similar race and disability duties. Will the introduction of this positive gender equality duty add to, detract or complement existing statutory provisions? Given the danger that ‘soft law’ initiatives may undermine existing anti-discrimination controls, will the duty provide a clear steer to public authorities, or will it lack teeth, substance and direction, and possibly even prove counter-productive? Such positive duties are designed to compensate for the limitations of existing anti-discrimination law, by requiring the taking of positive steps to promote equality and eliminate discrimination, rather than just compelling a reactive compliance with the letter of the (equality) law. The justifications in principle for the introduction of such duties are strong: for the first time, the introduction of a positive gender duty will impose a clear legislative obligation upon public authorities to adopt a substantive equality approach and to take proactive action to redress patterns of disadvantage linked to gender discrimination. Serious concerns do however exist as to the extent to which such duties can be enforced, and the danger that they will simply encourage greater bureaucratic activity at the expense of real change. The proposed gender duty, as with the other duties that have been introduced, is no panacea. Nevertheless, it does constitute a good start, can serve a useful function by empowering public authorities to take positive action, and if effectively used will be a very valuable point of pressure to push for better things.

For Better or For Worse: Corporate Responsibility Beyond “Do No Harm”

2010 ◽  
Vol 20 (2) ◽  
pp. 275-283 ◽  
Author(s):  
Florian Wettstein
Keyword(s):  
Multinational Corporations ◽  
Corporate Responsibility ◽  
Political Authority ◽  
Political Obligation ◽  
Political Responsibility ◽  
Positive Duty ◽  
Recent Contribution ◽  
Do No Harm ◽  
Negative Duty

ABSTRACT:Do corporations have a duty to promote just institutions? Agreeing with Hsieh’s recent contribution, this article argues that they do. However, contrary to Hsieh, it holds that such a claim cannot be advanced convincingly only by reference to the negative duty to do no harm. Instead, such a duty necessarily must be grounded in positive obligation. In the search of a foundation for a positive duty for corporations to further just institutions, Stephen Kobrin’s notion of “private political authority” offers a promising connecting point. Political authority implies political responsibility; Political obligation, however, includes more than merely not doing any harm—it is essentially positive obligation. The implications of the new political responsibilities of multinational corporations may even go far beyond the particular duty to promote just institutions; they may be symptomatic for a much more profound shift from an individual to a collective age.

Effect of Pulse Electrodeposition Parameters on Microhardness of Ni-ZrO2-CeO2 Nanocomposite Coating

2014 ◽  
Vol 1049-1050 ◽  
pp. 31-34
Author(s):  
Shuang Shuang Liu ◽  
Yu Jun Xue ◽  
Yang Yang Xu ◽  
Ji Shun Li
Keyword(s):  
Composite Coating ◽  
Current Density ◽  
Pulse Current ◽  
Pulse Frequency ◽  
Nanocomposite Coating ◽  
Pulse Electrodeposition ◽  
Duty Ratio ◽  
Positive Duty ◽  
Average Current Density ◽  
Average Current

Ni-ZrO2-CeO2 nanocomposite coating was prepared by pulse electrodeposition. The effect of addition of ZrO2 and CeO2 nanoparticles, average current density, duty cycle and pulse current on microhardness of Ni-ZrO2-CeO2 nanocomposites were studied. The results show that microhardness of nanocomposite is increased at first and then decreased with the increasing additive amounts of two kinds of nanoparticles. With increasing reverse the average current density, the microhardness of the composite coating increases. Also, the microhardness of nanocomposite fall with the increasing of pulse frequency. With the positive duty ratio increasing, the microhardness of the composite coating increase at first and then decreased, but with the increasing of the reverse duty ratio, the microhardness of nanocomposite coating is gradually decreased.

scholarly journals Zuhd and Pleasure : A Comparative Account between Imam Ali’s Nahj Al-Balāgha and Moore’s Ethics

2014 ◽  
Vol 4 (1) ◽  
pp. 104
Author(s):  
Qusthan Firdaus
Keyword(s):  
Positive Duty ◽  
Right To Work ◽  
Positive Duties ◽  
Negative Duties ◽  
Negative Duty

<div><p><strong>Abstrak :</strong> Artikel ini mendiskusikan zuhd sebagai sebuah penanda etis (an ethical bon mot) sekaligus membandingkannya dengan argumen Moore mengenai kesenangan. Memaksimalkan output dan meminimalkan input merupakan dua premis dasar yang menyusun zuhd. Keduanya membawa kepada kewajiban positif dan negatif. Kewajiban positif berakar pada hak untuk berekspresi secara bebas sementara kewajiban negatif berakar pada hak untuk bekerja pada lingkungan yang adil dan disukai. Di samping itu, argumen Moore mengenai kesenangan tidak memadai untuk menjadi sebuah penanda etis karena bersifat  subjektif. Dengan demikian, zuhd memiliki kualitas yang lebih baik daripada kesenangan untuk menjadi sebuah penanda etis.</p><p><em>Kata Kunci : Zuhud,  pleasure (Kesenangan), Penanda etis, Kewajiban posistif, Kewajiban negatif</em></p><p><em><br /></em><strong>Abstract :</strong> This article discusses about Zuhd as an ethical sign (an ethical bon mot), all at once to compare it with Moor’s argument on pleasure. Maximizing output and minimizing input  constitute two basic premises which composed zuhd. Both of  them lead to positive and negative duties. Positive duty is rooted  on right to express freely, while negative duty is rooted on right  to work in just and prefer domain. Moreover, Moor’s argument  of pleasure is unsufficient to be an ethical sigh, for it is very subjective argument. By this, Zuhd has a better quality than  pleasure to be an ethical sign or marker.</p><p><em>Keywords : Zuhud, Pleasure, Ethical bon mot, Positive duties, Negative duties</em></p></div>

Contributing and Benefiting: Two Grounds for Duties to the Victims of Injustice

2005 ◽  
Vol 19 (1) ◽  
pp. 39-45 ◽  
Author(s):  
Norbert Anwander
Keyword(s):  
Social Order ◽  
Global Poverty ◽  
Positive Duty ◽  
Thomas Pogge ◽  
The Poor ◽  
Negative Duty ◽  
Harmful Effects ◽  
Do So

Contrasting his own position with that of those who conceive the moral challenge of global poverty in terms of a positive duty to help, Thomas Pogge suggests that “we may be failing to fulfill our stringent negative duty not to uphold injustice, not to contribute to or profit from [emphasis added] the unjust impoverishment of others” (p. 197). We should conceive of our individual donations and of possible institutionalized initiatives to eradicate poverty not as helping the poor but “as protecting them from the effects of global rules whose injustice benefits us and is our responsibility” (p. 23, emphasis added). Pogge also claims that such activities should be understood in terms of compensation: “The word ‘compensate’ is meant to indicate that how much one should be willing to contribute toward reforming unjust institutions and toward mitigating the harms they cause depends on how much one is contributing to, and benefiting from, their maintenance” (p. 50, emphasis added).In characterizing wrongful involvement in an unjust social order and the compensatory duties that arise from it, Pogge refers to the terms contribution/responsibility as well as to benefit/profit (the latter are used interchangeably). The first of these factors is unobjectionable: we can take it for granted that there is a negative duty not to contribute to injustice and that those who are responsible for harmful institutions should compensate their victims. I want to raise doubts, however, about the role that Pogge assigns to benefiting from injustice in the determination of our duties toward the victims of injustice. I shall do so by challenging his claim that there is a negative duty not to benefit from injustice, and that the role that benefiting from injustice plays in determining our duties to work toward reforming unjust practices and mitigating their harmful effects is best understood in terms of compensation.

Law and the public’s health

2021 ◽  
pp. 291-300
Author(s):  
Lawrence O. Gostin
Keyword(s):  
Public Health ◽  
Common Good ◽  
Health And Safety ◽  
Constitutional Rights ◽  
Individual Liberty ◽  
Right To Life ◽  
Positive Duty ◽  
Human Right ◽  
The Common ◽  
The Right

Public health law safeguards the health and safety of the population, promoting the human right to life and health, and the realization of social justice. There is sometimes a tension between public health regulation to promote community health and protecting individual liberty and autonomy. Governments must balance the common good with individual freedoms. In many countries, there are constitutional rights to health or to life that provide a positive duty on government to advance the right to health. Governments have multiple legal tools available to improve the public’s health and safety, ranging from the economic power to tax and spend, to the authority to alter the environments in which people live, through to direct and indirect regulation, including, where necessary, deregulation. Although the law can be a powerful agent for change, intervention can also raise critical social, ethical, or constitutional concerns. These issues are illustrated through four brief case studies on infectious diseases, non-communicable diseases, unintentional injuries, and violence to self or others.

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