scholarly journals Colonialism, Human Rights, and Abortion in Ireland

Elements ◽  
2021 ◽  
Vol 16 (1) ◽  
pp. 17-24
Author(s):  
Rachel Connelly

This essay explores the role of narratives in the field of the Irish abortion debate. In specific, it explores the different types of narratives that both the pro-choice and pro-life groups manipulate in order to draw support from The Irish populace. The author explains that the pro-choice groups employ political-legal narratives To argue for the right to abortion whereas historical narratives and anti-British sentiments are more commonly found within pro-life narratives. However, the true purpose of the pro-life narratives is to prevent the secularization and liberalization of Ireland's laws, thereby maintaining the patriarchy at the top of the social hierarchy. However, with the 2018 referendum on the constitutional ban on abortion resulting in a liberalization of Ireland's abortion laws, the lack of success on The pro-life end is revealed, and a possible wave of liberalization may follow to permanently shift the social hierarchy.

Author(s):  
Cem Özatalay ◽  
Gözde Aytemur Nüfusçu ◽  
Gülistan Zeren

The use of blood money by powerful people during the judicial process following different kinds of homicides (workplace homicides, state homicides, gun homicides and so on) has become commonplace within the neoliberal context. Based on data obtained from five cases in Turkey, this chapter shows, on the one hand, how the use of blood money serves as an effective tool in the hands of powerful people to consolidate power relations, particularly necropower, as well as the relationship of domination, which rests upon class and identity-based inequalities. The analysis indicates that the blood money offers made by powerful people allows them to minimize potential penalties within penal courts and also to keep their privileged positions in the social hierarchy by purchasing the ‘right to kill’. On the other hand, the resistance of the oppressed and aggrieved people to the subjugation of life to the power of death is analysed with a particular focus on the role of power asymmetries between perpetrators and victims and their unequal positions in the social hierarchy. This conflictual relationship, which we qualify as an expression of necrodomination, offers novel insights into Turkey’s historically shaped system of domination.


Author(s):  
Fran Amery

A common misunderstanding of the Abortion Act 1967 is that it granted women the ‘right’ to access abortion. In reality, there is no such thing; the current provision of abortion in the United Kingdom rests on a system in which doctors, not women, are the arbiters of abortion access. In recent years, calls for the full decriminalisation of abortion have been given a vigour not seen before. For the first time, MPs and medical associations have moved to back decriminalisation, in line with the demands of pro-choice campaigners across the UK. But at the same time, opponents are mobilising to undermine public faith in both the Abortion Act and abortion providers. In doing so, they have tended to set aside the classic ‘right to life’ arguments, instead focusing on issues such as sex-selective abortion and disability rights. This book makes sense of today’s changed landscape of abortion debate by tracing the evolution of political and parliamentary discourse on abortion from the passage of the Abortion Act in the 1960s to the present. It makes the case that to understand contemporary abortion politics, it is necessary to move beyond a conceptualisation of the debate as characterised by ‘pro-choice’ versus ‘pro-life’.


2017 ◽  
Vol 6 (2) ◽  
pp. 135-140
Author(s):  
Constantin Vadimovich Troianowski

This article investigates the process of designing of the new social estate in imperial Russia - odnodvortsy of the western provinces. This social category was designed specifically for those petty szlachta who did not possess documents to prove their noble ancestry and status. The author analyses deliberations on the subject that took place in the Committee for the Western Provinces. The author focuses on the argument between senior imperial officials and the Grodno governor Mikhail Muraviev on the issue of registering petty szlachta in fiscal rolls. Muraviev argued against setting up a special fiscal-administrative category for petty szlachta suggesting that its members should join the already existing unprivileged categories of peasants and burgers. Because this proposal ran against the established fiscal practices, the Committee opted for creating a distinct social estate for petty szlachta. The existing social estate paradigm in Russia pre-assigned the location of the new soslovie in the imperial social hierarchy. Western odnodvortsy were to be included into a broad legal status category of the free inhabitants. Despite similarity of the name, the new estate was not modeled on the odnodvortsy of the Russian provinces because they retained from the past certain privileges (e.g. the right to possess serfs) that did not correspond to the 19th century attributes of unprivileged social estates.


2016 ◽  
Vol 13 (3) ◽  
pp. 89
Author(s):  
Beata Gessel-Kalinowska vel Kalisz

THE PERCEPTION OF THE PRACTICE OF CONFIDENTIALITY IN ARBITRATION. AN ANALYSIS OF THE RESULTS OF A SURVEY CARRIED OUT BY THE LEWIATAN COURT OF ARBITRATION AMONG POLISH ARBITRATION PRACTITIONERS Summary As with numerous other systems of law, such as Norwegian, Swedish or Australian law, the Polish legal system does not have a clear and uniform norm of law governing confidentiality and privacy in arbitration. Public opinion frequently refers to the role of custom as the source of the obligation to preserve confidentiality, although usually it does so without a detailed analysis of the subject and object of this obligation. This fact provided the inspiration for a survey carried out among Polish arbitration practitioners. The results of the survey present an interesting picture of what is subjectively perceived by arbitration practitioners as forming part of the confidentiality canons in arbitration proceedings. In principle, they reflect the worldwide trends, i.e. as far as the object of the confidentiality obligation is concerned – in camera sessions and the confidentiality of awards, and as regards its subject – the confidentiality obligation imposed on arbitrators and arbitration institutions. In addition, the customary practice of keeping confidential any information obtained in the course of proceedings is perceived as the right conduct as far as the object of the obligation is concerned. One of the very controversial issues is the matter of parties’ responsibilities, which leads to further questions as to individual arbitrators’ membership of the social (professional) group known as “arbitration practitioners”.


Author(s):  
Michael Pakaluk

The reception of Thomistic political and legal philosophy is considered with respect to what is called ‘political liberalism’. The appeal to a hypothetical state of nature should be rejected, as it misconstrues the social nature of human beings. Aquinas’ account of the origin of political society starts from an interpretation of human nature. On this basis one can account for human rights, the importance of the right to religious liberty, the family as the basic cell of society, civil society as including subsidiary authorities, the importance of private property, and the nature and role of freedom. A key question for the continued flourishing of a free society is what practically enables persons to govern for the genuine good of others.


Author(s):  
Joanna L. Grossman ◽  
Lawrence M. Friedman

This chapter describes what might be the last battleground over “traditional” marriage—same-sex marriage, and the social and legal revolution that brought us from an era in which it was never contemplated to one in which, depending on the state, it is either expressly authorized or expressly prohibited. Same-sex marriage has posed—and continues to pose—a challenge to traditional definitions of marriage and family. But, more importantly, the issue implies broader changes in family law—the increasing role of constitutional analysis; limits on the right of government to regulate the family; and the clash between the traditional family form and a new and wider menu of intimate and household arrangements, and all this against the background of the rise of a stronger form of individualism.


Author(s):  
Frederik Truyen ◽  
Filip Buekens

Several co-evolving trends have impacted expectations of professional workers’ quality of knowledge. The abundance of information shared through the Internet, the ever-increasing specialization of tasks, the possibility of immediately accessible information through social networks, the participation of stakeholders in the social web, and the increased requirements for separation of duty in a corporate context have contributed to a situation where the current ‘knowledge worker’ is not expected to have the same level of readily available knowledge as before. This chapter describes this phenomenon in detail with a case study from ICT-expert jobs. It shows that an ICT manager can no longer overlook the work of collaborators, just by virtue of being the smartest employee around. He/she will increasingly rely on organizational procedures and professional standards to assess whether the right people - with the right competencies for the job – are at his/her disposal. After describing the specifics of professional knowledge for ICT experts and the role of social software plays in this, the chapter focuses on the epistemological aspects of ICT expertise. The authors discuss current strands of reliabilistic accounts for knowledge in relation to expertise. They show that besides reliability, it is accuracy that is needed in order to perform as an expert.


2021 ◽  
pp. 1-18
Author(s):  
Charles Devellennes

This chapter gives introduces the gilet jaunes. The gilets jaunes, a group of French protesters named after their iconic yellow vests donned during demonstrations, have formed a new type of social movement. The gilets jaunes have been variously interpreted since they began their occupation of French roundabouts. They were at first received with enthusiasm on the right of the French political establishment, and with caution on the left. The fourth weekend saw scenes of violence erupt on the Champs Élysées, notably around and within the Arc de Triomphe, which towers over the first roundabout built in France. The headlines of newspapers and stories of the news media became almost exclusively focused on the violence of the protests. Images of state violence became ever-present on Twitter and independent media outlets, making it clear that it was the use of disproportionate force by police units that was at the centre of the events. The chapter explains that the aim of the book is to show that the use of violence is not the only tale to be told about the role of the protesters in the contemporary French context. Their contribution to the political landscape of France is quite different. They have provided a fundamental challenge to the social contract in France, the implicit pact between the governed and their political leaders. The movement has seen the numbers of participants diminish over time, but the underlying tension between the haves and the have-nots, the winners of globalization and those at risk of déclassement [social downgrading], are enduring and persistent.


Author(s):  
Rhona K. M. Smith

This chapter examines the right to work in international human rights law. It discusses the right to just and favourable conditions of work and remuneration, and the right to equal pay for equal work. The chapter highlights the role of the International Labour Organization in setting the standard for worker protection, and the contributions of the Social Charters of the Council of Europe in providing evidence of the change in such standards over the years.


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