On the Philosophical Foundations of Human Rights

2019 ◽  
Vol specjalny (XIX) ◽  
pp. 85-105
Author(s):  
Tomasz Ćwiertniak

This article presents the basic problems surrounding the question of philosophical justification of human rights. In the first part of this paper, the Author points out the deficit of philosophical reflection both in modern discourse on human rights, and within the legal sphere. This deficit leads to a series of negative consequences, such as 1) an excessive number of rights considered to be inalienable and inherent, which results in a depreciation of their importance (the problem of the „inflation” of rights); 2) the ideological entanglement of human rights; and 3) aseverance of the relationship between rights and duties. At the same time, there is much controversy currently surrounding the cathegory of human person and his/her dignity. This issue – which carries with it serious practical implications – demonstrates the necessity of in-depth philosophical reflection on the ontological and antrophological foundations of human rights, understood as an ethical minimum that can be accepted by people of different cultures and worldviews.

2021 ◽  
pp. 095394682110459
Author(s):  
Philip LeMasters

The relationship between Eastern Orthodoxy and the political ethos of the West is of crucial importance for contextualizing the Church’s social engagement in the present day. Aristotle Papanikolaou and Vigen Guroian highlight points of tension in their respective accounts of the relationship between the Orthodoxy and western democratic social orders. Analysis of their argument provides a context for examining their contrasting understandings of human rights as a dimension of the public engagement of Orthodox Christians with the political realm. While neither completely rejects appeals to human rights, neither claims that such rhetoric manifests the full truth about the dignity of the human person according to the theological anthropology of Orthodox Christianity. Patriarch Bartholomew of Constantinople, Archbishop Anastasios Yannoulatos of Albania, the statements of the Council of Crete (2016), and several other contemporary Orthodox voices place appeals to human rights in a theologically nuanced context that affirms their legitimacy while refraining from identifying them with the fullness of the moral and spiritual vision of Orthodox Christianity. Analysis of the debate between Papanikolaou and Guroian gives rise to a tentative affirmation of the critical use of the language of human rights in Eastern Orthodox social ethics.


2014 ◽  
Vol 9 (3) ◽  
pp. 232-244 ◽  
Author(s):  
Cassandra Thompson ◽  
Samuel Lane

Purpose – This study aims to evaluate both intelligence and job satisfaction of workers in the USA and China. Each topic will be studied individually, first, to determine the relationship between intelligence and job satisfaction. The statistics between China and the USA will then be compared and contrasted to assess how different cultures will affect emotional intelligence and job satisfaction of those in the workforce. Design/methodology/approach – A review of the empirical studies on intelligence and job satisfaction was performed and used to develop a model to guide future research. Findings – There is a negative relationship between intelligence and job satisfaction in the USA, but no studies have been done to compare both constructs cross-culturally. Research limitations/implications – The proposed study can be used to gain an understanding of the relationship between intelligence and job satisfaction across different cultures. Practical implications – The link between job satisfaction and intelligence can be used by employers to determine information about other aspects of their business, such as turnover rates of productive employees. Originality/value – Although there has been some research on the relation between intelligence and job satisfaction, notably by Ganzach (1998), very little has been done across cultures.


2017 ◽  
Vol 28 (3) ◽  
pp. 1105-1123 ◽  
Author(s):  
Clara Amato ◽  
Conrad S Baldner ◽  
Antonio Pierro ◽  
Arie W Kruglanski

Prior research on time issues has demonstrated that the value of time is subjective and shows that different evaluations of time (as a valuable or as an undefined resource) correspond to different attitudes, behaviors, and emotions. Based on recent research on the relationship between time and motion, the present research aimed to investigate the relationship between locomotion orientation (i.e., proclivity toward movement and change) and the evaluation of time as a resource. Two studies were conducted with 313 (244 students and 69 workers) and 139 (students) Italian participants, respectively. In the first study, The Locomotion Regulatory Mode Scale and the Mental Account Scale (Time version) were administered, while in the second study, participants were presented with two scenarios of a transaction where prior investments of time led to negative outcomes. The results of the two studies confirmed the hypotheses that (1) locomotion orientation is associated with the existence of a mental accounting process for time investments and (2) locomotion orientation is associated with greater disappointment from negative consequences of poor time expenditures. Theoretical and practical implications are discussed.


This chapter examines the relationship between labour law and its philosophical foundations. It suggests that it is essential to stand back from political compromises, which are often the subject of labour law scholarship, to consider the key attributes of the subject and its foundational goals and principles. It proposes that we need a normative account of labour law in order to assess its shortcomings and propose reforms, but also that the most important reasons for pursuing a philosophical agenda concern the continuing existence of the subject of labour law and the paradigm around which it is built. Having made the case for the importance of examining philosophical foundations, the chapter considers methodological challenges in using political theory. We finally turn to some central values that underlie labour law and which constitute the themes of this book—freedom, dignity, and human rights; distributive justice and exploitation; workplace democracy and self-determination; social inclusion—and summarise the chapters of the book.


2019 ◽  
Vol 48 (2) ◽  
pp. 528-550 ◽  
Author(s):  
Sari Mansour ◽  
Diane-Gabrielle Tremblay

PurposeConducted with a staff of 562 persons working in the health sector in Quebec, mainly nurses, the purpose of this paper is to test the indirect effects of psychosocial safety climate (PSC) on workarounds through physical fatigue, cognitive weariness and emotional exhaustion as mediators.Design/methodology/approachThe structural equation method, namely CFA, was used to test the structure of constructs, the reliability and validity of the measurement scales as well as model fit. To test the mediation effects, Hayes’s PROCESS (2013) macro and 95 percent confidence intervals were used and 5,000 bootstrapping re-samples were run. The statistical treatments were carried out with the AMOS software V.24 and SPSS v.22.FindingsThe results based on bootstrap analysis and Sobel’s test demonstrate that physical fatigue, cognitive weariness and emotional exhaustion mediate the relationship between PSC and safety workarounds.Practical implicationsThe study has important practical implications in detecting blocks and obstacles in the work processes and decreasing the use of workaround behaviors, or in converting their negative consequences into positive contributions.Originality/valueTo the authors’ knowledge, this is the first study to examine the relationship between PSC, burnout and workaround behaviors. These results could contribute to a better understanding of this construct of workarounds and how to deal with it. Moreover, the test of the concepts of PSC in this study provides support for the theory of “conservation of resources” by proposing an extension of this theory.


2019 ◽  
pp. 014920631987023
Author(s):  
Xiaowan Lin ◽  
Raymond Loi

To shed light on the paradoxical phenomenon that third parties of interpersonal mistreatment are motivated to restore justice but often engage in unethical actions, this research differentiates between destructive and constructive punitive reactions while testing the different moderating roles of moral identity and moral thinking orientation. From two studies using different methods and samples from different cultures, we obtained consistent findings that witnessed peer-to-peer incivility triggered moral outrage, which in turn led to both types of punitive reactions. Moral identity strengthened the relationship between witnessed incivility and moral outrage, while rule-based moral thinking orientation weakened the relationship between moral outrage and destructive punitive reaction. Moral identity strengthened the relationship between moral outrage and constructive punitive reaction. The indirect effect of witnessed mistreatment on destructive punitive reaction through moral outrage was strongest among participants with higher moral identity but lower rule-based moral thinking orientation. We discuss the theoretical and practical implications of our findings.


2018 ◽  
Vol 46 (9) ◽  
pp. 1499-1512 ◽  
Author(s):  
Insu Kwon ◽  
Juil Lee ◽  
Ranran Wang ◽  
Sang-Joon Kim

We investigated the role of cultural factors in the formation of psychological contracts in a Chinese context, on the basis that psychological contracts are different in different cultures. In particular, we considered Confucianism, which can govern the formation of psychological contracts in an Asian context. As people with different personalities make different psychological contracts, we hypothesized that the Asian-specific factor of Confucianism would moderate the relationship between 3 personality factors, namely, neuroticism, extraversion, and conscientiousness, and the formation of psychological contracts. Thus, we surveyed 217 people employed in organizations in China, and found a moderating effect of Confucianism on the relationship between conscientiousness and relational psychological contracts. These findings suggest that when Confucianism is internalized, the Chinese workplace environment can be effectively managed by relational psychological contracts. Theoretical and practical implications are discussed.


Author(s):  
Ada Lui Gallassi ◽  
Lars Harrysson

AbstractThis chapter concerns human rights, and its international legal setting in relation to migration and older age, and its implications for experiences of civic exclusion. There is a lack of scientific literature exploring the labour status of migrants, the relationship between labour experiences and civic and socio-cultural exclusionary processes, and the implications for socio-economic exclusion outcomes. The principles of equality and non-discrimination enshrined in several international human rights legal instruments will be presented within an international mobility perspective to assess whether the protection mechanisms of human and labour rights are in line with the migratory phenomenon brought by globalization. In this context, the chapter’s focus will be on the rights to work and social security as two main human rights provisions to circumvent mechanisms of civic exclusion, and secure better socio-economic outcomes for older migrants. A case derived from a research project concerning migrants and pensions in a Swedish municipality will provide an illustrative example of some of the principal dilemmas illuminated in the intersection of generalized rights and practical outcomes.


Author(s):  
Carlos Ramos Rosete

Toda disciplina de tipo humanista o de carácter social asume como uno de sus presupuestos fundamentales una noción de lo que es el ser humano. Llevar a cabo una reflexión de tipo filosófico sobre las nociones de hombre, persona y dignidad se vuelve imprescindible para aclarar elementos antropológicos que son fundamentos teóricos de las ciencias humanas y sociales. La palabra “hombre” admite significados que en parte coinciden y en parte difieren con la noción de persona. La expresión “persona humana” no es siempre una redundancia. Siguiendo el pensamiento de Santo Tomás de Aquino, que distingue entre las nociones de hombre y persona, la subsistencia de la persona humana se vuelve fundamento de la dignidad humana y fuente de los derechos humanos.All humanist or social discipline assumes as one of its fundamental principles an idea of what human being is. Accomplishing a philosophical reflection about the man notions, person and dignity become essential to clarify antropological elements which are theorical fundaments of human and social sciences. The Word man accepts meanings that are partly the same and partly different with the concept of human person, in some way, is not totally a redundancy. Following Saint Thomas Aquinas´s thought who distinguishes between the notions of man and person, it is noted that the subsistency of the human person turns into the human dignity basis and source of all human rights.


2021 ◽  
Vol 10 (2) ◽  
pp. 75
Author(s):  
Jorge Ferraz ◽  
Sandro Serpa

The objective of this article is to contribute to the understanding and discussion of the relationship between human rights and tourism. This topic has emerged, above all, in the wake of the discussion on ethics and social responsibility, frequently in a very polarized way in some public debate, and in very generic and non-discussed terms in declarations of intergovernmental organizations. It takes more than that. Thus, our purpose is to analyze, systematize and discuss the main dimensions of the relationship between tourism and human rights. We offer two interrelated approaches: a more theoretical and philosophical reflection on cultural interaction, dignity and human rights; and another approach more related to observation and operationalization of the problem in the social practices, how intergovernmental organizations present and formalize those issues and what are the actors and the logics at play in tourism. Our main conclusion is that such a relationship is inescapably complex because of the nature of tourism and its intrinsic interactions, and because human rights are related to an unfinished debate of plural perspectives, principles and operationalizations.   Received: 2 December 2020 / Accepted: 2 February 2021 / Published: 5 March 2021


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