Economic, social and political costs of the (non-)realization of human rights: towards a new social contract

2020 ◽  
pp. 220-240
Author(s):  
Felipe Gómez Isa
Keyword(s):  
Human Rights ◽  
Social Contract ◽  
Political Costs

scholarly journals The Approach of Democracy in Islamic Political Thought: مقاربة الديمقراطية في الفكر السياسي الإسلامي

2019 ◽  
Vol 3 (12) ◽  
Author(s):  
Ramzi Odah
Keyword(s):  
Human Rights ◽  
Social Contract ◽  
Great Degree ◽  
Political Thought ◽  
The Other ◽  
Problematic Relationship ◽  
Islamic Political Thought ◽  
Difference Of Opinion ◽  
The Difference ◽  
Theory Of Democracy

  The present study examined the problematic relationship between democracy and the system of government in Islam, whereby considering that the concept of democracy represents a conceptually fundamental dilemma in Islamic political thought due to the link between this concept and secularism, and to the difference of opinion and diligence about it, and as a result of the expansion of the intellectual perspective of Islam as a religion without a state. This study found that there is a great degree - though not comprehensive - in the democratic conception covered by the Islamic political heritage through the inclusion of this heritage on the main dimensions of the theory of democracy in the contemporary sense; these dimensions are social contract, allegiance, Shura, human rights and the separation between the authorities. On the other hand, the study found that there are a number of religious, political, cultural and tribal factors that blended together and led to the exclusion of democracy as an explicit concept in the sources of Islamic political heritage despite the latter's coverage of the dimensions of democracy.  

scholarly journals Corruption, Corporations, and the New Human Right

2017 ◽  
Author(s):  
Andrew B. Spalding
Keyword(s):  
Human Rights ◽  
International Law ◽  
Social Contract ◽  
Environmental Law ◽  
The Other ◽  
Human Right ◽  
Foreign Corrupt Practices Act ◽  
Corporate Rights ◽  
Federal Statute ◽  
Corporate Liability

We should no longer expect the Alien Tort Statute to be the principal federal statute that deters overseas corporate rights violations. That distinction rightly belongs to the Foreign Corrupt Practices Act, an antibribery statute that rests on undisputed principles of corporate liability, contains a clear congressional statement of extraterritorial application, and routinely collects penalties from multinational corporate defendants. Scholars have not associated the FCPA with human rights, owing principally to a thin understanding of rights theory. But freedom from corruption can and should be understood as a human right, one that is as old as social contract theory but new to federal and international law. With specific reforms—one modeled after environmental law and the other after intellectual property—the FCPA can become a more powerful statutory tool for deterring overseas corporate rights violations than the ATS ever was or will be.

scholarly journals Grundtvig om samfundspagt, gensidig frihed og menneskerettigheder i ca. 1840: Med en kommenteret tekstudgivelse.

2004 ◽  
Vol 55 (1) ◽  
pp. 14-33
Author(s):  
Kim Arne Pedersen
Keyword(s):  
Human Rights ◽  
Social Contract ◽  
Contract Theory ◽  
Civic Society ◽  
Social Compact ◽  
The Social ◽  
Universal Human Rights ◽  
Written Form ◽  
Public Character ◽  
The Church

Grundtvig om samfundspagt, gensidig frihed og menneskerettigheder i ca. 1840: Med en kommenteret tekstudgivelse[Grundtvig on the Social Contract, reciprocal Liberty and human Rights, c. 1840]By Kim Arne PedersenIn the current Danish debate, Grundtvig’s emphasis upon a fellowship of the folk [folkefællesskabet] is often perceived as standing in opposition to the idea of universal human rights as a foundational social concept. However, Grundtvig links together contract-theory and ideas upon liberty and upon human rights within his premise that every society, whether civic [borgerlig] or Christian, is founded upon a contract, a consensus which finds its expression in a covenant [,sammenfatning], a constitution [grundlov], which in Grundtvig’s view should be oral but which in his own writings can also be found in written form. This constitution comes about by the establishment of a pact [pagtsslutning], in the first place between God and man, creator and creature, thence in a derivative form in civic society between king and people. A society’s constitution expresses a dialogue-relationship between the two parties involved in the social compact, and upon this rests Grundtvig’s concept of dialogue-based liberty. The two-way I/you-relationship between God and man and between person and person is the basis of Grundtvig’s principle of freedom which Kaj Thaning concisely phrases thus: they alone are free who allow their neighbour to be free as well. On this principle of freedom rests Grundtvig’s concept of a pact, which is crucial to his notion of the Apostolic Creed as being the foundation of the Church and to his thinking on civic society. The Christian baptismal compact [dåbspagt] is entered into by God and man, the social compact in the first instance by king and people whose reciprocal freedom becomes the model for the citizens’ life with each other. This finds its expression in an oral English Summaries / danske resuméer but fixed agreement, a mutual pledge. The pledge binds fast the two parties to their rights and responsibilities and thus becomes the premise for Grundtvig’s Locke-inspired thinking on human rights. In the first transcribed text it is seen how Grundtvig incorporates human rights within an outline for a social constitution; and in the second text how, on the grounds of the oral and public character of the social compact, he rejects the Danish Royal Law [kongelov] of 1665, written down but at various times kept secret, as society’s foundation.

scholarly journals HAK ASASI MANUSIA SEBAGAI BAROMETER HUKUM DAN GLOBALISASI

2017 ◽  
Vol 3 (1) ◽  
pp. 15
Author(s):  
Dadang Suprijatna
Keyword(s):  
Human Rights ◽  
Social Contract ◽  
Growth And Development ◽  
Great Influence ◽  
The State ◽  
Nation State ◽  
Social Phenomena ◽  
Social Interdependence ◽  
The People ◽  
The Social

Human rights as a barometer of the law in its formation is to see from the social phenomena that grow and develop in society that gave birth to social contract. Society is understood as the unity of separate individuals who build a personal bond before the emergence of society itself. The state's form of responsibility to its people is to create opportunities for people to gain their rights, as a form of contribution to the people as legitimate owners. The State can no longer ignore any form of any popular will, it is a Right that must be protected and gained great influence from other societies, including the international community globally, which can ultimately affect and / or become a barometer of globalization. Globalization is portrayed as increasing interconnection and social interdependence, politics, economy, law and culture of society behavior, but globalization has also resulted in diminishing the virtue of nation state even an important phenomenon that can not be avoided by anyone, any nation and any country, including Society, nation and state of Indonesia. For that it is fitting for the people and the Indonesian nation to be wary of the growth and development of Globalization that can damage the Mission of Pancasila as the Reject Measure the life of nation and state.

The Political Costs of Abusing Human Rights: International Cooperation in Extraordinary Rendition

2020 ◽  
pp. 002200272096743
Author(s):  
Rebecca Cordell
Keyword(s):  
Human Rights ◽  
National Security ◽  
Civil Liberties ◽  
Empirical Support ◽  
The Political ◽  
Theoretical Argument ◽  
Matched Sample ◽  
Political Costs ◽  
The World ◽  
Electoral Defeat

From 2001 to 2005, over a quarter of all countries in the world cooperated in a secret rendition network that enabled the transfer of CIA terrorist suspects to secret detention sites. While governments in some states have not been punished for participating, others have incurred political costs, including electoral defeats. What explains variation in the political costs of participation in the post-9/11 extraordinary rendition program? I argue that left of center governments, particularly those in democracies, suffered greater political costs from being caught because of the perception that they are better at protecting civil liberties in the name of national security. I test the effect of party orientation on electoral defeat at the election following the revelation of participation in extraordinary rendition using a matched sample where the party in office at the time of participation remained the same. The analysis provides empirical support for my theoretical argument.

scholarly journals IMPRUDENT JURISPRUDENCE? HUMAN RIGHTS AND MORAL CONTINGENCY

2015 ◽  
Vol 30 (3) ◽  
pp. 391-401 ◽  
Author(s):  
Nigel Biggar
Keyword(s):  
Human Rights ◽  
High Risk ◽  
National Security ◽  
Social Cost ◽  
Moral Rights ◽  
Important Distinction ◽  
Political Costs ◽  
Positive Rights ◽  
The Social ◽  
Subjective Rights

AbstractOliver O'Donovan is mistaken to think that subjective rights are irredeemably bound up with Hobbesian individualism, but correct to criticize their abstraction from deliberation about a wider range of moral considerations. As Grotius's thinking shows, the existence of a natural, moral right against physical harm depends on the contingent presence or absence of morally significant circumstances. There is, however, an important distinction between natural moral rights outside a particular, effective legal system and positive rights granted by such a system. Positive rights are less contingent and more stable, because society thinks it prudent to bear the social costs of that stability. Take, for example, the positive right against torture. This is not based simply on the intrinsic evil of what is done to the tortured. It is based partly on the intrinsic evil of the sadistic motive of the torturer. However, this motive obtains only in some cases, not others. Let us distinguish the latter as cases of “aggressive interrogation.” There might be instances of such interrogation that are conscientious and morally justified, all considerations of social cost and risk apart. There is, therefore, no natural moral right against it. Nonetheless, its general legal prohibition under a positive right against torture is justified by the prudential judgment that any possible momentary advantages to national security are outweighed by the high risk of social and institutional corruption and its political costs. That said, extraordinary circumstances might still justify—morally—the rare violation of the positive, legal right.

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