scholarly journals Arguments for the Normative Validity of Human Rights. Philosophical Predecessors and Contemporary Criticisms of the 1789 French Declaration of Human and Civic Rights

2016 ◽  
Vol 11 (3) ◽  
Author(s):  
Esther Oluffa Pedersen
Keyword(s):  
Human Rights ◽  
Social Contract ◽  
Jeremy Bentham ◽  
Law And Justice ◽  
Core Idea ◽  
Normative Validity

The paper highlights clashes between different conceptions of right, law and justice crystalizing in the French Declaration of Human and Civic Rights from 1789 and the criticisms it aroused. Hobbes’ Leviathan (1651) and Rousseau’s Social Contract (1762) are discussed as important predecessors. The philosophical conceptions of law, justice and right stated by Hobbes and Rousseau and in the Declaration will be discussed in connection with two seminal criticisms. By excluding women from politics, Olympe de Gouge objected, the Declaration contradicted the universal understanding of human rights. Jeremy Bentham protested against the Declaration’s core idea of inalienable human rights.

scholarly journals Polish Catholic Bishops, Nationalism and Liberal Democracy

Religions ◽  
2021 ◽  
Vol 12 (2) ◽  
pp. 94
Author(s):  
Madalena Meyer Resende ◽  
Anja Hennig
Keyword(s):  
Human Rights ◽  
Catholic Church ◽  
Liberal Democracy ◽  
Church Leadership ◽  
Political Crisis ◽  
Pope Francis ◽  
National Catholicism ◽  
Law And Justice ◽  
The Government ◽  
The Church

The alliance of the Polish Catholic Church with the Law and Justice (PiS) government has been widely reported and resulted in significant benefits for the Church. However, beginning in mid-2016, the top church leadership, including the Episcopal Conference, has distanced itself from the government and condemned its use of National Catholicism as legitimation rhetoric for the government’s malpractices in the fields of human rights and democracy. How to account for this behavior? The article proposes two explanations. The first is that the alliance of the PiS with the nationalist wing of the Church, while legitimating its illiberal refugee policy and attacks on democratic institutions of the government, further radicalized the National Catholic faction of the Polish Church and motivated a reaction of the liberal and mainstream conservative prelates. The leaders of the Episcopate, facing an empowered and radical National Catholic faction, pushed back with a doctrinal clarification of Catholic orthodoxy. The second explanatory path considers the transnational influence of Catholicism, in particular of Pope Francis’ intervention in favor of refugee rights as prompting the mainstream bishops to reestablish the Catholic orthodoxy. The article starts by tracing the opposition of the Bishops Conference and liberal prelates to the government’s refugee and autocratizing policies. Second, it describes the dynamics of the Church’s internal polarization during the PiS government. Third, it traces and contextualizes the intervention of Pope Francis during the asylum political crisis (2015–2016). Fourth, it portrays their respective impact: while the Pope’s intervention triggered the bishops’ response, the deepening rifts between liberal and nationalist factions of Polish Catholicism are the ground cause for the reaction.

scholarly journals Keadilan Hukum Jeremy Bentham dan Relevansinya bagi Praktik Hukum Kontemporer

Humaniora ◽  
2012 ◽  
Vol 3 (1) ◽  
pp. 299
Author(s):  
Frederikus Fios
Keyword(s):  
Global Politics ◽  
Jeremy Bentham ◽  
Ideal Model ◽  
The Core ◽  
The Subject ◽  
Core Idea ◽  
The Universe ◽  
Universe Of Discourse ◽  
British Philosopher ◽  
The Ideal

Fair punishment for a condemned has been long debated in the universe of discourse of law and global politics. The debate on the philosophical level was no less lively. Many schools of thought philosophy question, investigate, reflect and assess systematically the ideal model for the subject just punishment in violation of the law. One of the interesting and urgent legal thought Jeremy Bentham, a British philosopher renowned trying to provide a solution in the middle of the debate was the doctrine or theory of utilitarianism. The core idea is that the fair punishment should be a concern for happiness of a condemned itself, and not just for revenge. Bentham thought has relevance in several dimensions such as dimensions of humanism, moral and utility.  

Triage

2013 ◽  
Author(s):  
Emilie M. Hafner-Burton
Keyword(s):  
Human Rights ◽  
Legal Reform ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Effective Implementation ◽  
The Core ◽  
International Human ◽  
Core Idea ◽  
Human Rights Norms

This chapter advocates a process called “triage” for resource allocation that requires investing more heavily in areas where the evidence indicates that human rights promotion is most likely to work. It argues that the universality of human rights norms, which are the bedrock of the international human rights legal system and the core idea of the Universal Declaration of Human Rights, is not a tenable guide for the most effective implementation of human rights norms. It explains why human rights is a matter of national interest and how assessments of leverage impact human rights. It shows how triage can help stewards in the area of international legal reform and concludes by outlining steps that could transform the process through which government stewards work to protect human rights and increase the returns on international promotion efforts for human rights protection.

scholarly journals The Attempt to Human Rights Protection Through Judicial Review in Indonesia

2018 ◽  
Vol 54 ◽  
pp. 02006
Author(s):  
Riris Ardhanariswari ◽  
Muhammad Fauzan ◽  
Ahmad Komari
Keyword(s):  
Human Rights ◽  
State Government ◽  
Judicial Review ◽  
Stable State ◽  
Judicial Power ◽  
Constitutional Court ◽  
Human Rights Protection ◽  
The Law ◽  
Law And Justice ◽  
Parliamentary Supremacy

The Constitutional Court is one of the perpetrators of judicial power, in addition to the Supreme Court as referred to in Article 24 paragraph (2) of the 1945 Constitution. The Constitutional Court is also bound to the general principle of an independent judicial power, free from the influence of other institutions in enforcing law and justice. The Constitutional Court is the first and last level judicial body, or it can be said that it is the only judicial body whose decisions are final and binding. The existence of the Constitutional Court is at the same time to maintain the implementation of a stable state government and is also a correction to the experience of constitutional life in the past caused by multiple interpretations of the constitution. Judicial review towards the constitution is one of the authorities of the Constitutional Court that attracted attention. This shows that there has also been a shift in the doctrine of the parliamentary supremacy towards the doctrine of the supremacy of the constitution. The law was previously inviolable, but now the existence of a law is questionable in its alignment with the Constitution. The authority to examine the Law towards the Constitution is the authority of the Constitutional Court as the guardian of the constitution. This authority is carried out to safeguard the provisions of the Act so that it does not conflict with the constitution and / or impair the constitutional rights of citizens. This shows that the judicial review towards the Constitution carried out by the Constitutional Court is basically also to provide protection for human rights.

Reviving the 'Spirit of San Francisco': The Lost Proposals on Human Rights, Justice and International Law to the UN Charter

2007 ◽  
Vol 76 (2-3) ◽  
pp. 217-239 ◽  
Author(s):  
Katarina Månsson
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
San Francisco ◽  
Subject Matter ◽  
Close Analysis ◽  
Peace And Security ◽  
Protection Of Human Rights ◽  
The United Nations ◽  
Law And Justice

AbstractWhile it has been claimed that no subject matter has been referred to as frequently in the United Nations (UN) Charter as human rights, a close analysis of its traveaux préparatoires reveals that it contains but a fragment of what was actually proposed during the drafting of the Charter in 1945. This article presents and analyses these 'lost proposals', particularly those seeking strong references to human rights, international law and justice in the Charter's preamble and chapters on the purposes and principles of the UN. Presented by smaller states, they include suggestions that respect for and protection of human rights constitutes a principle of the UN and that the maintenance of peace and security is conditioned on adherence to international law. It concludes that UN peacemakers of today struggle with the same conundrum as the drafters of the UN Charter 60 ago: "What comes first, justice or peace?"

Finding Justice in Ancient Israelite Law: A Survey of the Legal System of the Israelites during the Post-Exodus, Pre-Exilic Period

2016 ◽  
Vol 41 (2) ◽  
pp. 139-158
Author(s):  
James Daniel Beaton
Keyword(s):  
Social Welfare ◽  
Social Contract ◽  
Rule Of Law ◽  
Legal System ◽  
Freedom Of Speech ◽  
Legal Tradition ◽  
Natural Law Theory ◽  
Law And Justice ◽  
Communal Responsibility ◽  
Procedure Development

The ancient Israelite tradition (for present purposes, spanning the period immediately post-exodus up until the exilic period) manifests itself in many of the prevailing theories of law and justice underlying the archetypal Western legal system. This article strives to proceed unencumbered by cultural-temporal bias to evaluate the recurring themes of structure, procedure, substance, injunction, sanction, and operation in ancient Israelite law, thereby framing that legal tradition as a cohesive whole which is notable for the parallels that can be drawn between it and the Western legal systems that we now consider ‘just’. More specifically, this article considers notions of democracy, social contract, freedom of speech, equality, rule of law, retroactive law, dissemination of law, civil and criminal procedure, development of law, natural law theory, social-welfare law (including the jubilee laws), lex talionis, and communal responsibility as a basis for punishment.

scholarly journals The Approach of Democracy in Islamic Political Thought: مقاربة الديمقراطية في الفكر السياسي الإسلامي

2019 ◽  
Vol 3 (12) ◽  
Author(s):  
Ramzi Odah
Keyword(s):  
Human Rights ◽  
Social Contract ◽  
Great Degree ◽  
Political Thought ◽  
The Other ◽  
Problematic Relationship ◽  
Islamic Political Thought ◽  
Difference Of Opinion ◽  
The Difference ◽  
Theory Of Democracy

  The present study examined the problematic relationship between democracy and the system of government in Islam, whereby considering that the concept of democracy represents a conceptually fundamental dilemma in Islamic political thought due to the link between this concept and secularism, and to the difference of opinion and diligence about it, and as a result of the expansion of the intellectual perspective of Islam as a religion without a state. This study found that there is a great degree - though not comprehensive - in the democratic conception covered by the Islamic political heritage through the inclusion of this heritage on the main dimensions of the theory of democracy in the contemporary sense; these dimensions are social contract, allegiance, Shura, human rights and the separation between the authorities. On the other hand, the study found that there are a number of religious, political, cultural and tribal factors that blended together and led to the exclusion of democracy as an explicit concept in the sources of Islamic political heritage despite the latter's coverage of the dimensions of democracy.  

scholarly journals Corruption, Corporations, and the New Human Right

2017 ◽  
Author(s):  
Andrew B. Spalding
Keyword(s):  
Human Rights ◽  
International Law ◽  
Social Contract ◽  
Environmental Law ◽  
The Other ◽  
Human Right ◽  
Foreign Corrupt Practices Act ◽  
Corporate Rights ◽  
Federal Statute ◽  
Corporate Liability

We should no longer expect the Alien Tort Statute to be the principal federal statute that deters overseas corporate rights violations. That distinction rightly belongs to the Foreign Corrupt Practices Act, an antibribery statute that rests on undisputed principles of corporate liability, contains a clear congressional statement of extraterritorial application, and routinely collects penalties from multinational corporate defendants. Scholars have not associated the FCPA with human rights, owing principally to a thin understanding of rights theory. But freedom from corruption can and should be understood as a human right, one that is as old as social contract theory but new to federal and international law. With specific reforms—one modeled after environmental law and the other after intellectual property—the FCPA can become a more powerful statutory tool for deterring overseas corporate rights violations than the ATS ever was or will be.

Sign in / Sign up

Export Citation Format

Share Document