Liberdade e Direitos Humanos no Pensamento de Richard Price

Author(s):  
José Gomes André ◽  

This paper is concerned with the political philosophy of Richard Price, analysing the way this author has developed the concept of liberty and the problem of human rights. The theme of liberty will be interpreted in a double perspective: a) in a private dimension, that sets liberty in the inner side of the individual; b) in a public dimension, that places it in the domain of a manifest action of the individual. We will try to show how this double outlook of liberty is conceived under the optics of a necessary complementarity, since liberty, which is primarily understood as a feature of the subject taken as an individual, acquires only a full meaning when she becomes efective in a comunitary field, as a social and political expression. The concept of human rights will appear located in this analysis, being defined simultaneously as condition and expression of the human dignity and happiness, at the same time natural attributes of an individual that should be cultivated and public effectiveness that contributes to the development of society.

Author(s):  
Jennie Edlund ◽  
Václav Stehlík

The paper analyses the protection granted under Article 8 of the European Convention of Human Rights for different immigration cases. The way the European Court of Human Rights determines compliance with Article 8 for settled migrants differs from the way the Court determines compliance for foreign nationals seeking entry or requesting to regularize their irregular migration status. The paper argues that the European Court of Human Rights application of different principles when determining a States’ positive and negative obligations is contradicting its own case law. It also argues that the absence of justification grounds for the refusal of foreign nationals who are seeking entry lacks legitimacy. By treating all immigration cases under Article 8(2) the paper suggests that the differentiation between cases should be based on how a refusal of entry or an expulsion would impact on the family life. The paper also suggests that more consideration should be given towards the insiders interests when balancing the individual rights against the state's interests. These changes would lead to a more consistent and fair case law and generate a more convergent practice by the states which will increase the precedent value of the Court's judgements.


European View ◽  
2018 ◽  
Vol 17 (1) ◽  
pp. 37-43 ◽  
Author(s):  
Alex Leveringhaus

This article discusses the need for an ethical framework for emerging robotic technologies. The temptation, arguably driven by sci-fi treatments of artificial intelligence, is to ask whether future robots should be considered quasi-humans. This article argues that such sci-fi scenarios have little relevance for current technological developments in robotics, nor for ethical approaches to the subject: for the foreseeable future robots will merely be useful tools. In response to emerging robotic technologies, this article proposes an ethical framework that makes a commitment to human rights, human dignity and responsibility a central priority for those developing robots. At a policy level, this entails (1) assessing whether the use of particular robots would result in human rights violations and (2) creating adequate institutions through which human individuals can be held responsible for what robots do.


Author(s):  
Jarrett Zigon

Chapter two considers the centrality of the concept of progress in the enactment of the ontological conditions of totality and repetition. This chapter moves between an ontic and ontological analysis of progress to disclose the limits of the political possibilities of metaphysical humanism. In particular, the ways in which rights arguments are made by anti-drug war agonists working in Russia are analysed, and the repetition of differential sameness enacted through their discursive practice is disclosed. What becomes clear is that ontically the enactment of progress ultimately works to limit political and ethical activity within a narrowly defined range of possibilities, thus revealing the essential conservatism of human rights discursive practice. Ontologically, progress is best understood as the temporal projection of the subjectivity of the subject onto all of existence. In this sense progress is shown to be the central temporal concept of metaphysical humanism.


Author(s):  
Simon J. G. Burton

Samuel Rutherford’s Lex Rex remains a source of perennial fascination for historians of political thought. Written in 1644 in the heat of the Civil Wars it constitutes an intellectual and theological justification of the entire Covenanting movement and a landmark in the development of Protestant political theory. Rutherford’s argument in the Lex Rex was deeply indebted to scholastic and Conciliarist sources, and this chapter examines the way he deployed these, especially the political philosophy of John Mair and Jacques Almain, in order to construct a covenantal model of kingship undergirded by an interwoven framework of individual and communal rights. In doing so it shows the ongoing influence of the Conciliarist tradition on Scottish political discourse and also highlights unexpected connections between Rutherford’s Covenanting and his Augustinian and Scotistic theology of grace and freedom.


2021 ◽  
pp. 149-164
Author(s):  
Howard Davis

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter focuses Convention rights that are considered ancillary by virtue of the fact that they do not in themselves establish any substantive human rights but are relevant to the way the substantive rights are put into effect. Specifically, the chapter discusses Article 14, which prohibits discrimination in the way Convention rights and freedoms are secured; Article 15, which allows states to derogate from their responsibilities under certain circumstances; Article 16, which allows states to restrict the political activities of aliens; Article 17, which authorises the ECtHR and national courts to refuse to uphold the rights of those who would use them to undermine the rights of others; and Article 18, which insists that rights and freedoms in the Convention can be restricted and qualified.


Author(s):  
Justine Lacroix

This chapter examines a number of key concepts in Hannah Arendt's work, with particular emphasis on how they have influenced contemporary thought about the meaning of human rights. It begins with a discussion of Arendt's claim that totalitarianism amounts to a destruction of the political domain and a denial of the human condition itself; this in turn had occurred only because human rights had lost all validity. It then considers Arendt's formula of the ‘right to have rights’ and how it opens the way to a ‘political’ conception of human rights founded on the defence of republican institutions and public-spiritedness. It shows that this ‘political’ interpretation of human rights is itself based on an underlying understanding of the human condition as marked by natality, liberty, plurality and action, The chapter concludes by reflecting on the so-called ‘right to humanity’.


Author(s):  
Francesca Romana Ficorilli

One of the most complete definitions of Trauma describes it as an "extreme, unsustainable and inevitable threatening experience, in the face of which the individual experiences a sense of helplessness", an event outside the range of usual human experiences, which overwhelm the normal human capacity for adaptation. A modern and current understanding of the concept of Trauma occurs with Bowlby, which places it for the first time in a "relational" context. He argues that the way people react in adverse life situations, particularly to a traumatic event, depends on the type of attachment that has been established between the child and his attachment figures (AFs). The concept of "child abuse and neglect" includes different forms of violence against children, ranging from verbal abuse to rape. Law 66 of 15 February 1996 introduced specific rules on child sexual abuse, in particular the way of listening to children in order to collect good testimony. The theory that today represents the point of reference for most research on the accuracy of memory in testimony, considers memory a "reconstructive" process, and is the result of the interaction between interpretation that is given by the subject in the coding phase, recovery of clues based on the general knowledge possessed by the subject and the context in which it is in the moment in which it must remember. Loftus' studies on false memories affirm that eye witnessing, however bona fide it may be, can be completely unreliable because there are many distortions of memory. The problem of suggestibility in memory is not so much that the momentary account can be modified, but that a distortion of the original episode of what is represented in memory of the event in question takes place, which, from that moment on, will be irreversibly modified. The therapeutic crisis support is the first phase of the therapeutic work following the abuse and has as its privileged recipients the victim and the adult who takes care of them. Currently, a trauma-focused therapy such as EMDR (Eye Movement Desensitization and Reprocessing), an evidence-based psychotherapy approach, is used, recognized by the World Health Organization (WHO) as the elective therapy for the treatment of PTSD and several psychopathologies related to traumatic events, including sexual abuse. Not only because the victims of abuse could in turn perpetrate the cycle of abuse, but also so that victimisation is not considered an unchangeable characteristic of the person.


2008 ◽  
Vol 30 (1) ◽  
Author(s):  
Thomas Osborne

AbstractAlasdair MacIntyre’s criticism of contemporary politics rests in large part on the way in which the political communities of advanced modernity do not recognize common goals and practices. I shall argue that although MacIntyre explicitly recognizes the influence of Jacques Maritain on his own thought, MacIntyre’s own views are incompatible not only with Maritain’s attempt to develop a Thomistic theory which is compatible with liberal democracy, but also relies on a view of the individual as a part which is related to the whole in a way that is incompatible with Maritain’s understanding of the spiritual individual or person.


2014 ◽  
Vol 21 (2) ◽  
Author(s):  
Anna Krzynówek-Arndt

AbstractThe paper proposes to examine the variety of ways political theorists understand the political importance of Wittgenstein’s thought. Any analysis of Wittgensteinian political philosophy start from different understanding of this philosophy of language and possible ends of philosophical activity. However, each attempt to interpret the significance of Wittgenstein’s work to political thought anticipates or is linked to a particular conception of the self, a particular conception of the human being that is not easy to reconcile with the Wittgenstein of Tractatus and the Wittgenstein of Philosophical Investigations. For that reasons any Wittgensteinian approach to political thought should make an attention to the way Wittgenstein discusses on the self, the “I”, the way we use the word “I”.


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