2. The Civil-Rights Problem from the Legislator's Point of View

1968 ◽  
pp. 33-92
Keyword(s):  
Author(s):  
Allen Buchanan

This chapter identifies a number of developments that are candidates for moral progress: abolition of the Atlantic chattel slavery, improvements in civil rights for minorities, equal rights for women, better treatment of (some) non-human animals, and abolition of the cruellest punishments in most parts of the world. This bottom-up approach is then used to construct a typology of moral progress, including improvements in moral reasoning, recognition of the moral standing or equal basic moral status of beings formerly thought to lack them, improvements in understandings of the domain of justice, the recognition that some behaviors formerly thought to be morally impermissible (such as premarital sex, masturbation, lending money at interest, and refusal to die “for king and country”) can be morally permissible, and improvements in understandings of morality itself. Finally, a distinction is made between improvements from a moral point of view and moral progress in the fullest sense.


Author(s):  
Ihor Binko ◽  

The article explores the idea that public administration can act as an independent means of protection of civil rights, complementing such tools as civil law types of protection of rights, which consist in proving the legality of possession of the property itself. Protection of property rights is traditionally considered a field of private law, built on the principles of respect for private property, equality of arms, independence of the court and a fair settlement of legal disputes. It is stated that, unlike civil law methods of protection of rights, public administration as a method of protection of rights is aimed not at protecting the issue of legality of possession but at protecting the registration record from wrongful distortion. A large array of rules on the protection of private property is of a public law nature and is associated with the administration of relevant records. It is argued that from the point of view of protection of property rights, in particular property rights to real estate and their derivatives - the rights of the mortgagee, rights of claim, which are notarized, etc., the activities of state bodies are an organizational means of protecting such rights in the form of public administration. Publicity means that any decisions regarding changes in registered rights are made in public and, in accordance with the procedures provided by law, become public property, including stakeholders and an indefinite number of entities. It is determined that the essence of administration is that rights are protected on a procedural basis and the need for certain legal preconditions for making a management decision on changes in registered rights cannot be replaced by other legal preconditions, or a decision cannot be made without sufficient legal grounds.


Author(s):  
Benson G. Cooke

Since the 2008 election of the first African American President of the United States, Barack Obama, racial hatred has been on the rise. During the 2016 presidential election, right-wing extremist groups like the Ku Klux Klan and Ultra-Right groups have become more vocal resulting in civil rights organizations like the Southern Poverty Law Center reporting a significant rise in hate crimes and threats. Unfortunately, President Donald Trump helped to stoke the fears of these hate groups with his incendiary campaign rhetoric of hate mostly against immigrants. This chapter provides a historical overview of racial hate and its manifestation of homegrown terrorism in America. Additionally, this chapter examines how hatred and fear became the source of lynching and race riots in America from the 18th to the 21st century. Understanding the past and present history of hatred directed at racial, ethnic and gender groups can help to bring a factual and more truthful point of view that can help reduce the recurrence of homegrown terrorism.


2019 ◽  
pp. 203-222
Author(s):  
Benson G. Cooke

Since the 2008 election of the first African American President of the United States, Barack Obama, racial hatred has been on the rise. During the 2016 presidential election, right-wing extremist groups like the Ku Klux Klan and Ultra-Right groups have become more vocal resulting in civil rights organizations like the Southern Poverty Law Center reporting a significant rise in hate crimes and threats. Unfortunately, President Donald Trump helped to stoke the fears of these hate groups with his incendiary campaign rhetoric of hate mostly against immigrants. This chapter provides a historical overview of racial hate and its manifestation of homegrown terrorism in America. Additionally, this chapter examines how hatred and fear became the source of lynching and race riots in America from the 18th to the 21st century. Understanding the past and present history of hatred directed at racial, ethnic and gender groups can help to bring a factual and more truthful point of view that can help reduce the recurrence of homegrown terrorism.


Author(s):  
Oleksandr Kukhariev

The article is focused on revealing the peculiarities of wills’ validness made in violation of the requirements regarding the form and authenticating procedure based on the analysis of legal doctrine and the current case law. The author has substantiated position that the invalidation of a will is a special method to protect the rights of inheritance, which in its essence is not identical to the protection of civil rights and interests by the court as the invalidation of the transaction. It is due to the scope of implementing the studied method of protection and the peculiarities of the will as a kind of unilateral transactions. The possibility of convalidation of a will’s nullity by the court has been denied, since it will lead to destabilization of property relations, as well as to numerous abuses by their participants. The author has additionally emphasized the difficulty of establishing conditions enshrined by law for the admission of a unilateral transaction, in particular: the transaction must correspond to the true will of the person who executed it; the notarization of the transaction was hindered by a circumstance that did not depend on the person’s will who executed it. The court’s decision will in any case be based on indirect evidence and assumptions. In addition, the plaintiffs in most cases are lawful heirs of this will, who are interested parties. The author of the paper criticizes the point of view regarding the will’s nullity certified by an official of a local self-government agency not according to the place of registration of the testate. In this case, the invalidity of legal transaction is artificially removed from the Law of Ukraine «On Local Self-Government in Ukraine», goes beyond the literal content of the Art. 1257 of the Civil Code of Ukraine, violates the principle of will’s freedom and justice as one of the general principles of civil law. It has been emphasized that formal, minor violations of the wills’ authenticating procedure cannot be considered as grounds for theirvalidness. Key words: inheritance law, hereditary legal relations, a will, a testate, validness, nullity, convalidation.


Author(s):  
Laurie Champion

The short story is the only genre that can be considered uniquely American. The genre began as sketches, or tales, as in the classic tale “Rip Van Winkle.” The genre remained undefined until Edgar Allan Poe’s well-known 1842 review of Nathaniel Hawthorne’s Twice-Told Tales. Since Poe’s review, in which he distinguished short fiction from other genres, the American short story has evolved both in form and in content. Like other genres, the short story has evolved through various movements and traditions such as realism, modernism, and postmodernism; however, it has remained unique because of publishing opportunities that differ from longer works such as the novel. The short story genre shares elements of fiction with the novel, traditionally consisting of characteristics such as plot, character, setting, point of view, theme, and writing style. Although the short story shares elements of literature and writing devices with other literary genres, avenues for publication differ greatly. Unlike a novel, a short story is not published as a single entity. It is usually presented with works by other authors in a journal or magazine or in a collection of previously published stories by one author. The rise in popular magazines during the 1920s gave rise to the short story, as the magazines provided a publication outlet. During the second half of the 20th century the short story became less commercial and more literary, paving the way for artistic stories such as one appropriately called “The New Yorker Story.” However, as it became less commercial, the short story fell from popularity and became somewhat obscure in the manner in which poetry remains. Because short stories do not sell, publishers are hesitant to produce them. But during the 1970s, American universities began teaching creative writing classes, and the short story provided a suitable genre for teaching the art of fiction writing. Hence, the American short story experienced a renaissance, and a wave of literary journals emerged. About this time, minimalism was one of the styles most often used in the short story. Raymond Carver built on what Ernest Hemingway had started in America, and the short story took on a new form. During the latter half of the 20th century and early 21st century, women and ethnic writers were given more opportunities to publish short fiction, and the short story reflected progress in civil rights issues. Currently, the rise in technological advances has brought even more opportunities for publication, and more and more American authors are publishing short stories online, now a respected publication venue.


Meridians ◽  
2020 ◽  
Vol 19 (1) ◽  
pp. 32-64
Author(s):  
Tracey Jean Boisseau

Abstract This essay offers a close reading of Anne Moody’s widely read but under-theorized memoir of the civil rights movement, Coming of Age in Mississippi (1968). This essay’s focus mirrors a main focus in Moody’s narrative: her relationship with her mother. Much of the body of literary criticism, as well as historical writings dealing with African American mother-daughter conflict, centers on the observation that Black mothers have often found themselves in conflict with daughters whom they seek to protect by schooling them in accommodationist behavior to better survive in the face of white racism and violence. To strand the analysis there, however, leaves one unable to understand the historically specific nature of the acute generational conflict between Moody and her mother and leaves one without structural explanation for young people’s unprecedented involvement in the 1950s–1960s civil rights movement. This article explores Anne Moody’s daughterly point of view as expressed in her writing to understand why and how Anne was able to develop a distinct sense of self and consciousness, one that alienated her from her mother and laid the groundwork for her activist leadership as well as that of her generational cohort.


Author(s):  
Sergey V. Potapenko ◽  
◽  
Vladimir A. Sementsov ◽  

The article notes that sufficient reimbursement for injury to victims of crime is an urgent and global issue, for which solution international legal standards, which are regarded as general-ly recognized principles and regulations of international law and international treaties, as well as enactments containing their official interpretation, are significant. The article critically evaluates the point of view of some individual scientists who deny the need to stipulate the civil claim concept the in the Code of criminal procedure of the Russian Federation as it exists in modern Russian criminal proceedings not only due to the historical experience of the legislator, have long appreciated the evident advantages of the united proce-dure, but also in its consistency with foreign trends in the development of this concept, aimed at ensuring the implementation of international standards in the sphere of promotion and pro-tection of the human and civil rights. Despite the fact that the legislator applies different concepts in determining the conse-quences of torts (including crimes) in the regulations of substantive and procedural law as follows: harm and damage, there has been concluded that it is the injury (property or moral) that constitutes the attribute of obligations caused by the injury infliction, which allows the term to be used legitimately when covering issues of reimbursement for injury in criminal proceedings. Taking into account that a civil claim in criminal proceedings is a way to reimburse not only property, but also moral damage caused by a crime, the most urgent issues that need to be resolved are identified as follows: 1) lack of general doctrinal approaches to determining moral injury and its correlation with other types of injury; 2) inconsistency of the current investigative and judicial practice in determining the amount of compensation for moral injury; 3) ineffectiveness of procedural mechanisms for compensation for moral injury caused by a crime. The current judicial practice of refusing to satisfy claims for reimbursement of moral injury in the case of a crime against property, in the absence of violence against the victim and other actions affecting the life, health, and dignity of the individual has been recognized as not complying with the requirements of the law regulating the status of the victim and the civil plaintiff. According to the authors' point of view, the lack of unified approach to determining of the amount of moral injury caused by crimes is due to the evaluative nature of its definition, when there are no clear estimative criteria, which leads to a tendency to reduce the amount of reim-bursement, although reimbursement for moral injury in an adequate amount would more guarantee the restoration of violated rights of citizens in the sphere of criminal proceedings. Since moral injury can be the result not only of a crime, but also of illegal criminal prose-cution or illegal conviction of a person involved in its commission, it is necessary to establish a unified amount of reimbursement for the injury.


2014 ◽  
Vol 36 (1) ◽  
pp. 21-27
Author(s):  
Maria Bareli

Since 2008, "crisis" discourse has emerged as one of the key issues for practicing anthropologists. According to a review of the field of practicing anthropology in 2009, practicing anthropologists made substantial contributions on topical areas like fiscal, ecological, and human crisis and relevant issues, like civil rights and displacement among others. At the same time, they have turned to action-orientated anthropological research with varying degrees of collaboration with the communities they study (Brondo 2010). This article emerges from the researcher's active engagement with local-based communities and collectivities and discusses the experience of the current "crisis" on the Greek island of Ikaria from the actors' point of view, as well as the ways these communities perceive their struggles against crisis.1


Lex Russica ◽  
2020 ◽  
Vol 73 (10) ◽  
pp. 21-31 ◽  
Author(s):  
O. S. Grin

The paper, based on the analysis of the legal nature of new digital objects of civil rights (digital rights, digital currency), makes conclusions concerning possible models of contractual relations arising from object’s data.The author relies on the fact that in relation to the category “a digital right” an independent object can be recognized only in connection with the peculiarities of the form of the object (the form in which the property rights are fixed) rather than its content. Token is seen as a technical concept. i.e. a digital way of fixing property rights. The paper substantiates that the retributive disposal of the digital right (both as a utilitarian digital right and a digital financial asset), according to which the digital right acquirer in order to transfer the right in question undertakes to pay a certain amount of money, under the general rule, should be qualified as a contract for the sale of a digital right. At the same time, in each case this also refers to the transfers the subject matter of which covers the transfer of a separate property right as an object of civil rights (cashless money, a book-entry security, a law of obligation (claims)) classified by law as a digital right.From the author’s point of view, digital currency in the system of objects of civil rights can be qualified only as “other property” in compliance with the the sui generis principle. It is concluded that transactions with digital currency should be classified as non-defined contracts. Contractual legal relations aimed at exchanging various objects for digital currency, in cases not contrary to the law, by analogy of the law, can be regulated under the rules applied to the contract of sale, the exclusive right alienation agreement or license agreement. Based on the special provisions of the law, a legally binding relationship regulating the digital currency, provided the tax authorities are not informed about such possession and transactions with such an object, has features of a natural obligation.


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