scholarly journals Law encoded: Towards a free speech policy model based on decentralized architectures

First Monday ◽  
2016 ◽  
Author(s):  
Argyro P. Karanasiou
Keyword(s):  
Human Rights ◽  
Free Speech ◽  
Central Point ◽  
Policy Model ◽  
The Core ◽  
Legal Thinking ◽  
User Centric ◽  
The Right ◽  
Decentralized Architecture ◽  
The Web

The free exchange of data between many interconnected nodes, in the absence of a central point of control, has been at the heart of the Internet’s architecture since its inception. For its engineering architects “if the Web was to be a universal resource, it had to grow in an unlimited way”, thus “its being ‘out of control’ was very important” (Berners-Lee and Fischetti, 1999). Yet, this simple deign choice has had a serious impact on conventional legal thinking. This paper highlights the importance of online decentralized architecture as the perfect substantiation of the autonomy rational underpinning the right to free speech.In doing so the paper analyses the core principles supporting the Internet’s architecture on their merit to the promote the user’s autonomy and self-realisation through speech. Following the free speech rationale for autonomy, it is observed how some simple engineering decisions for an open decentralised communicatory platform can build a user-centric ecology for speech. To validate this hypothesis two main architectural choices are examined as to the potential they hold for free speech: the principles of Modularity and End-to-End (E2E).The paper concludes that in terms of free speech, law and net architecture should be seen as complementing factors instead of opposite controlling deities. In this respect, Lessig’s mantra that “code is law” is paraphrased to read as “law encoded”, meaning that the law should strive to maintain the core architectural Internet values promoting human rights, and free speech in particular.

scholarly journals THE IMPLEMENTATION OF INDONESIA’S PUBLIC POLICY TO IMMIGRATION SELECTIVE POLICY BASED ON LAW NO. 6 OF 2011

2018 ◽  
Vol 1 (2) ◽  
pp. 169-178
Author(s):  
Muhammad Azzam Alfarizi
Keyword(s):  
Public Policy ◽  
Human Rights ◽  
Service Needs ◽  
Human Beings ◽  
The Third ◽  
The Core ◽  
The Government ◽  
The Individual ◽  
The Right ◽  
Service Standards

The inherent right of the individual is an affirmation that human beings must be treated properly and civilized and must be respected, as the sounding of the second precept is: "Just and Civilized Humanity". Human rights are manifestations of the third principle, namely: "Indonesian Unity". If all rights are fulfilled, reciprocally the unity and integrity will be created. Rights are also protected and upheld as is the agreement of the fourth precepts that reads: "Democracy Led by Wisdom in Consultation / Representation". Human Rights also recognizes the right of every person for the honor and protection of human dignity and dignity, which is in accordance with the fifth precepts which read: "Social Justice for All Indonesian People" PASTI Values ​​which are the core values ​​of the Ministry of Law and Human Rights which is an acronym of Professional, Accountable, Synergistic, Transparent and Innovative is an expression of the performance of the immigration apparatus in providing human rights based services. If these values ​​are in line with the values ​​contained in Pancasila, the criteria for evaluating human rights-based public services are based on the accessibility and availability of facilities; the availability of alert officers and compliance of officials, employees, and implementers of Service Standards for each service area will be easily achieved. It is fitting that immigration personnel in providing services must be in accordance with the principles of human rights-based services and in harmony with the Pancasila philosophy. This is as an endeavor in fulfilling service needs in accordance with the mandate of the 1945 Constitution, provisions of applicable laws and human rights principles for every citizen and population for services provided by the government in this case Immigration.  

scholarly journals The Statist Approach to the Philosophy of Immigration and the Problem of Statelessness

2018 ◽  
Vol 11 (1) ◽  
Author(s):  
Stephen E Mathis
Keyword(s):  
Human Rights ◽  
Immigration Policies ◽  
The Core ◽  
The Right

The issue of statelessness poses problems for the statist (or nationalist) approach to the philosophy of immigration. Despite the fact that the statist approach claims to constrain the state’s right to exclude with human rights considerations, the arguments statists offer for the right of states to determine their own immigration policies would also justify citizenship rules that would render some children stateless. Insofar as rendering a child stateless is best characterized as a violation of human rights and insofar as some states have direct responsibility for causing such harm, the problem of non-refugee stateless children points to greater constraints than most statists accept on states’ right to determine their own rules for membership. While statists can ultimately account for the right not to be rendered stateless, recognizing these additional human rights constraints ultimately weakens the core of the statist position.

Refugees: The politically oppressed

2020 ◽  
pp. 019145372093192
Author(s):  
Felix Bender
Keyword(s):  
Human Rights ◽  
Specific Situation ◽  
Political Rights ◽  
Classical Approach ◽  
Refugee Status ◽  
The Core ◽  
Political Status ◽  
Normative Foundation ◽  
The Right ◽  
What Matters

Who should be recognized as a refugee? This article seeks to uncover the normative arguments at the core of legal and philosophical conceptions of refugeehood. It identifies three analytically distinct approaches grounding the right to refugee status and argues that all three are normatively inadequate. Refugee status should neither be grounded in individual persecution for specific reasons (classical approach) nor in individual persecution for any discriminatory reasons (human rights approach). It should also not be based solely on harm (humanitarian approach). Rather, this article argues, it should be based on political oppression – on persons lacking public autonomy, formally expressed as a lack of legal–political status. The normative foundation for a claim to refugee status lies in the inability of a person to control, amend and seek recourse to the specific situation she faces. It lies in the lack of public autonomy expressed as a lack of legal–political rights. What matters for a claim to refugee status is thus the legal–political disenfranchisement of a person, ultimately leaving her with no recourse to the particular situation she faces other than flight. Refugees, then, are not only those who fear harm or persecution, but those who are politically oppressed.

scholarly journals EDITORIAL: Free speech in Fiji

2009 ◽  
Vol 15 (1) ◽  
pp. 5-8
Author(s):  
David Robie
Keyword(s):  
Human Rights ◽  
New Zealand ◽  
Free Speech ◽  
Freedom Of Speech ◽  
Universal Declaration ◽  
Military Government ◽  
Media Freedom ◽  
Coup D'etat ◽  
The Right ◽  
The Military

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart informa tion and ideas through any media and regardless of frontiers.- Article 19, Universal Declaration of Human Rights When military strongman Commodore Voreqe Bainimarama staged his creeping coup d’état on 5 December 2006—Fiji’s fourth in two decades—he was quick to declare: ‘We will uphold media freedom’ (cited in Foster, 2007). Barely two and a half years later, when he finished off the job with a putsch—dubbed ‘coup 4.5’ by some—and after having expelled three publishers, two New Zealand diplomats and five journalists over the intervening period, he told Radio New Zealand freedom of speech ‘causes trouble’ and must be curbed to allow the military government do its work (Bainimarama: Free speech ‘causes trouble’, 15 April 2009).

scholarly journals O Movimento Sufragista Britânico na Imprensa Portuguesa (1908-1919)

2017 ◽  
pp. 157-183
Author(s):  
João Paulo Ferreira
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Free Speech ◽  
Reception Theory ◽  
Women’S Rights ◽  
Daily Newspaper ◽  
The United Kingdom ◽  
The Government ◽  
The Right ◽  
Passive Attitude

This paper analyses nine articles, written in the Portuguese press between 1908 and 1919, which focus on the activities of the British suffragette movement. The articles are taken from four contemporary periodicals: O Mundo, A Madrugada, A Mulher e a Criança and Alma Feminina. The first was a Republican daily newspaper, whilst the others were newspapers or magazines whose main purpose was the defence of women’s rights. The last of the four contains articles which were translated from the magazine Jus Suffragii and are analysed in this paper. Concepts such as imagology, reception theory, representation, propaganda and the polysystem theory were employed in the analysis of the articles. As different as the tactics of the Portuguese and British feminists were, the writers of the articles tended to consider all feminists as part of a single community who strived to defend basic human rights for women. Although an admiration for the suffragettes and their violent tactics transpires from the articles (which contrasts with the more passive attitude of Portuguese women), most of the writers were dismayed by the repression inflicted by the Police and the Government upon the suffragettes. This was due to the fact that the United Kingdom was considered to be a country where the right of free speech was believed to be paramount. Hence, some of the articles stress the biased attitudes of British institutions against the suffragettes.

scholarly journals DIMENSÕES DO PENSAMENTO JURÍDICO CRÍTICO DOS DIREITOS HUMANOS NA AMÉRICA LATINA: AS CONTRIBUIÇÕES DE JESÚS ANTONIO DE LA TORRE RANGEL - DOI: http://dx.doi.org/10.5216/rfd.v41i3.50873

2017 ◽  
Vol 41 (3) ◽  
pp. 51
Author(s):  
Lucas Machado Fagundes ◽  
Ivone Fernandes Morcilo Lixa
Keyword(s):  
Human Rights ◽  
Latin American ◽  
Three Dimensions ◽  
Philosophical Perspective ◽  
The People ◽  
American Tradition ◽  
Legal Thinking ◽  
America Latina ◽  
The Right ◽  
Conceptual Evolution

Resumo: O presente estudo comporta uma análise do pensamento jurídico crítico do autor mexicano Jesús Antonio De La Torre Rangel na sua contribuição para a temática dos Direitos Humanos como evolução conceitual sócio histórico fundamentada pela perspectiva filosófica da libertação latino-americana. Assim, a delimitação é embasada na concepção de juridicidade libertadora, categoria que serve de abertura para a noção jurídica totalizada – calcada na ideia positivada –. Dessa forma, objetiva-se aproximar o Direito do sentido de justo que nasce do povo na sua práxis de libertação e, por essa razão dotando-o de uma compreensão política. A problemática da pesquisa perpassa pela existência ou não de uma fundamentação latino-americana para a compreensão dos Direitos Humanos. Com isso, a hipótese que permeia o trabalho é que os Direitos Humanos devem ser resgatados na experiência e evolução conceitual encoberta pela modernidade, recuperando uma tradição ibero-latino-americana, olvidada no espaço geopolítico e epistêmico colonizado. Portanto, o estudo irá permear três dimensões no pensamento jurídico crítico dos Direitos Humanos do jurista mexicano, estabelecendo um panorama reflexivo que pretende demonstrar ao final uma proposta crítica de juridicidade libertadora.Abstract: The present study includes an analysis of the critical legal thinking of Mexican author Jesús Antonio de La Torre Rangel in his contribution to the theme of Human Rights as a socio-historical conceptual evolution based on the philosophical perspective of Latin American liberation. Thus, the delimitation is based on the conception of liberating juridicity, a category that serves as an opening for the totalized juridical notion - based on the positive idea -. In this way, the objective is to approximate the Right of the sense of the righteous that is born of the people in their praxis of liberation and, therefore, endowing it with a political understanding. The research problematic pervades the existence or not of a Latin American foundation for the understanding of Human Rights. With this, the hypothesis that permeates the work is that Human Rights must be rescued in the experience and conceptual evolution concealed by modernity, recovering an Ibero-Latin American tradition, forgotten in colonized geopolitical and epistemic space. Therefore, the study will permeate three dimensions in the critical legal thinking of the human rights of the Mexican jurist, establishing a reflective panorama that intends to demonstrate at the end a critical proposal of liberating juridicity.

Enriching or Impoverishing Discourse on Rights? Talk about Freedom of Expression on Arab Television

2010 ◽  
Vol 3 (1) ◽  
pp. 101-119 ◽  
Author(s):  
Naomi Sakr
Keyword(s):  
Human Rights ◽  
Free Speech ◽  
Power Relations ◽  
Freedom Of Expression ◽  
Universal Declaration ◽  
Television Drama ◽  
Television Station ◽  
The Third ◽  
The Right ◽  
Privately Owned

AbstractThere is more to the denial of freedom of expression than outright censorship. The right to freedom of expression is interdependent with, and indivisible from, other rights guaranteed under the Universal Declaration of Human Rights. To discuss freedom of expression narrowly as if it were self-contained, and to conceal the issues, processes, and conflicts implicit in its achievement, can be seen as a hegemonic strategy that serves relations of domination. Three sets of public exchanges analyzed here, conducted on and about Arab television against a background of growing international intolerance for free speech, arguably contributed to a narrow, reified understanding of freedom of expression. The first centered on a television drama serial, the second on cartoons of the Prophet Mohammed, and the third on the ambitions of a privately owned television station in Egypt. Since freedom of expression was repeatedly referred to in all three cases, it might be said that Arab television increased awareness on this topic. Evidence shows, however, that instead of illuminating ways in which the rights and duties inherent in freedom of expression could benefit the viewing public, each set of exchanges helped to sustain power relations by obscuring them.

Against Human Rights

Philosophy ◽  
1990 ◽  
Vol 65 (253) ◽  
pp. 341-348 ◽  
Author(s):  
John O. Nelson
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Free Speech ◽  
The Other ◽  
Bill Of Rights ◽  
Human Right ◽  
The United Nations ◽  
The Right ◽  
United Nations Charter ◽  
The U.S

Let me first explain what I am not attacking in this paper. I am not attacking, for instance, the right of free speech or any of the other specific rights listed in the U.S. Constitution's Bill of Rights or the United Nations' Charter. I am, rather, attacking any specific right's being called a ‘human right’. I mean to show that any such designation is not only fraudulent but, in case anyone might want to say that there can be noble lies, grossly wicked, amounting indeed to genocide.

scholarly journals The Natural Right To Parody: Assessing The (Potential) Parody/Satire Dichotomies In American And Canadian Copyright Laws

2018 ◽  
Vol 35 ◽  
pp. 69-98
Author(s):  
Amy Lai
Keyword(s):  
Free Speech ◽  
Natural Law ◽  
Freedom Of Expression ◽  
Natural Right ◽  
Legal Definition ◽  
The Core ◽  
Copyright Laws ◽  
American Law ◽  
Definition Of ◽  
The Right

This paper argues that the right to expressing oneself through parodies should constitute part of the core freedom of expression of a normative copyright regime. By drawing upon natural law legal theories, the paper proposes a legal definition of parody that would help to bring the copyright jurisprudence of a jurisdiction more in line with its free speech tradition. It argues that a broad parody definition, one that encompasses a great variety of expressive works but would not compete with the original and its derivatives in the market, is preferable to a narrow one. The paper then explains why the parody defence in American law and the parody exception in the Canadian copyright statute should follow the proposed parody definition, which would properly balance the rights of copyright owners with those of users.

scholarly journals Legal Protection of Patients Participants of Health Social Guarantee in Human Rights Perspective

2020 ◽  
Vol 7 (10) ◽  
pp. 165
Author(s):  
Agustin Widjiastuti ◽  
Made Warka ◽  
Slamet Suhartono ◽  
Hufron Hufron
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Human Person ◽  
Legal Protection ◽  
Core Material ◽  
The Rule Of Law ◽  
The Core ◽  
State Constitution ◽  
The Government ◽  
The Right

The rule of law through the government must provide public services for its people.  In the conception of the welfare law state, every citizen/every person has the right to obtain good services and obtain legal protection from arbitrary actions by the authorities. Based on Article 1 number 1 of Law Number 39 of 1999 concerning Human Rights, human rights are rights inherent in every human person that must be protected so that human rights are always the core material of a modern state constitution. Legal steps for patients participating in the Health Social Security Administering Body in the perspective of legal protection.

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