I would argue that toleration is one of the cornerstones for a just social order in any pluralistic society. Yet, the ideal of toleration is usually thought to originate from within, and most often justified from a European historical and philosophical context. It is thought to be a response to societal conflict and the Wars of Religion in the West, which is then exported to the rest of the world, by colonialism (ironically), or globalization. The West, once again, calls upon (...) itself to teach the rest of the world how to be more ethical. I think that this not only plays into the hands of cultural and ethical relativists, but that this picture is far from accurate; it ignores rich indigenous sources for toleration that already exist and have existed in India for millennia. In this chapter, I explore three central and predominant ideas in India as providing justification for distinctly Indian forms of toleration; as well, I explore Indian forms of secularism. I examine how toleration, and indeed, more strongly, respect for difference and pluralism, emerge through three influential Indian self-understandings: the theory of anekāntavāda or non-absolutism; the concept of ātman or self; and the idea of pratītyasamutapāda or interconnectedness. In contrast to various Euro-Western legal and political ideals that may have little resonance, I think indigenous sources offer a far more promising alternative ground upon which to build an overlapping convergence on basic human rights in India. As the eminent Indian philosopher and states person Sarvepalli Radhakrishnan (1955), Gadamer (Pantham 1992), and James Tully (1995) contend: the purpose of such convergence is not uniformity in diversity, but rather, unity in diversity. These sources provide an antidote not only to current forms of Hindutva in India, but may have something of value from which the West can learn -- given the European Caste System which is alive and continues to thrive today. (shrink)

The question of how to arrive at a consensus on human rights norm in a diverse, pluralistic, and interconnected global environment is critical. This volume is a contribution to an intercultural understanding of human rights in the context of India and its relationship to the West. The legitimacy of the global legal, economic, and political order is increasingly premised on the discourse of international human rights. Yet the United Nations’ Declaration of Human Rights developed with little (...) or no consultation from non-Western nations such as India. In response, there has developed an extensive literature and cross-cultural analysis of human rights in the areas of African, East-Asian, and Islamic studies, yet there is a comparative dearth of conceptual research relating to India. As problematically, there is an lacuna in the previous literature; it simply stops short at analyzing how Western understandings of human rights may be supported from within various non-Western cultural self-understandings; yet, surely, there is more to this issue. The chapters in this collection pioneer a distinct approach that takes such deliberation to a further level by examining what it is that the West itself may have to learn from various Indian articulations of human rights as well. (shrink)

Sikhism is the world's fifth-largest religion. It was founded during the late 15th century in the Punjab region of the Indian subcontinent. Its adherents are known as Sikhs. Currently, there are about 30 million Sikhs worldwide. Most of them live in the Indian state of Punjab. As per Sikh tradition, Sikhism was established by Guru Nanak (1469–1539) and subsequently led by a succession of nine other Gurus. Before his death, the tenth Sikh Guru, Guru Gobind Singh (1666–1708), bestowed the status (...) of Guru to the sacred scripture of Sikhs, Adi Granth, which is presently known as Sri Guru Granth Sahib (SGGS) [1]. The Adi Granth was first compiled by Guru Arjan Dev, the fifth Sikh Guru, in 1604. Its second and final version has been the handiwork of Guru Gobind Singh, who added the hymns of his father, Guru Teg Bahadur, the ninth Sikh Guru [2], at Damdama Sahib, Talwandi Sabo, Punjab, in 1705. The holy Sikh scripture, SGGS, contains 1430 pages of text in poetry form. In addition to the hymns of the six Sikh Gurus and four Sikhs, it includes hymns composed by fifteen saints (Bhagats) and eleven poet laureates (Bhats) of the Guru's court. Muslims and Hindus, Brahmins, and "untouchables" all come together in one congregation to create a universal scripture. It is a compendium of mystic, metaphysical and religious poetry written or recited between the 12th and 17th centuries in the Indian sub-continent [3]. Sri Guru Granth Sahib, through its comprehensive worldview, offers a perfect set of values and an applicable code of conduct. Its cardinal message addresses the welfare of all humans irrespective of their caste, colour, creed, culture, and religion. SGGS emphasizes love, respect, empathy, and acceptance of others' existence. It prohibits us from infringing on the freedom and rights of others. The life and works of the Sikh Gurus exemplify the practicability of these ideas. Their inter-faith dialogues highlighted that human unity and oneness could be achieved through tolerance, communication, and respect for others [4]. Besides a matchless elaboration of spirituality, Sri Guru Granth Sahib enshrines a powerful expression of the message of revolutionary ideals of social welfare, human rights, multicultural distinctness, and religious freedom. In the present era, when the threats and fear of interfaith conflicts, military aggression, terrorism etc., have overpowered human sentiments, the teachings of Sri Guru Granth Sahib are even more relevant to resolve all these problems. (shrink)

Sri Guru Granth Sahib, through its comprehensive worldview, offers a perfect set of values and an applicable code of conduct. Its cardinal message is addressed to the welfare of all humans irrespective of their caste, color, creed, culture, and religion. SGGS emphasizes love, respect, empathy, and acceptance of others' existence. It prohibits us from infringing on the freedom and rights of others. The life and works of the Sikh Gurus exemplify the practicability of these ideas. Their inter-faith dialogues highlighted that (...) human unity and oneness could be achieved through tolerance, communication, and respect for others. Besides a matchless elaboration of spirituality, Sri Guru Granth Sahib enshrines a powerful expression of the message of revolutionary ideals of social welfare, human rights, multicultural distinctness, and religious freedom. In the present era, when the threats and fear of interfaith conflicts, military aggression, terrorism, etc., have overpowered human sentiments, the teachings of Sri Guru Granth Sahib are even more relevant to resolving all these problems. (shrink)

Sikhism is the world's fifth-largest religion. It was founded during the late 15th century in the Punjab region of the Indian subcontinent. Its adherents are known as Sikhs. Currently, there are about 30 million Sikhs worldwide. Most of them live in the Indian state of Punjab. As per Sikh tradition, Sikhism was established by Guru Nanak (1469–1539) and subsequently led by a succession of nine other Gurus. Before his death, the tenth SikhGuru, Guru Gobind Singh (1666–1708), bestowed the status of (...) Guru to the sacred scripture of Sikhs, Adi Granth, which is presently known as Sri Guru Granth Sahib (SGGS) [1]. The Adi Granth was first compiled by Guru Arjan Dev, the fifth Sikh Guru, in 1604. Its second and final version has been the handiwork of Guru Gobind Singh, who added the hymns of his father, Guru Teg Bahadur, the ninth Sikh Guru [2], at Damdama Sahib, Talwandi Sabo, Punjab, in 1705. The holy Sikh scripture, SGGS, contains 1430 pages of text in poetry form. In addition to the hymns of the six Sikh Gurus and four Sikhs, it includes hymns composed by fifteen saints (Bhagats) and eleven poet laureates (Bhats) of the Guru's court. Muslims and Hindus, Brahmins, and "untouchables" all come together in one congregation to create a universal scripture. It is a compendium of mystic, metaphysical and religious poetry written or recited between the 12th and 17th centuries in the Indian sub-continent [3]. Sri Guru Granth Sahib, through its comprehensive worldview, offers a perfect set of values and an applicable code of conduct. Its cardinal message is addressed to the welfare of all humans irrespective of their caste, color, creed, culture, gender and religion. SGGS emphasizes love, respect, empathy, and acceptance of others' existence. It prohibits us from infringing on the freedom and rights of others. The life and works of the Sikh Gurus exemplify the practicability of these ideas. Their inter-faith dialogues highlighted that human unity and oneness could be achieved through tolerance, communication, and respect for others [4]. Besides a matchless elaboration of spirituality, Sri Guru Granth Sahib enshrines a powerful expression of the message of revolutionary ideals of social welfare, human rights, multicultural distinctness, and religious freedom. In the present era, when the threats and fear of interfaith conflicts, military aggression, terrorism etc., have overpowered human sentiments, the teachings of Sri Guru Granth Sahib are even more relevant to resolving all these problems. (shrink)

Sikhism is the world's fifth-largest religion. It was founded during the late 15th century in the Punjab region of the Indian subcontinent. Its adherents are known as Sikhs. Currently, there are about 30 million Sikhs worldwide. Most of them live in the Indian state of Punjab. As per Sikh tradition, Sikhism was established by Guru Nanak (1469–1539) and subsequently led by a succession of nine other Gurus. Before his death, the tenth Sikh Guru, Guru Gobind Singh (1666–1708), bestowed the status (...) of Guru to the sacred scripture of Sikhs, Adi Granth, which is presently known as Sri Guru Granth Sahib (SGGS) [1]. The Adi Granth was first compiled by Guru Arjan Dev, the fifth Sikh Guru, in 1604. Its second and final version has been the handiwork of Guru Gobind Singh, who added the hymns of his father, Guru Teg Bahadur, the ninth Sikh Guru [2], at Damdama Sahib, Talwandi Sabo, Punjab, in 1705. The holy Sikh scripture, SGGS, contains 1430 pages of text in poetry form. In addition to the hymns of the six Sikh Gurus and four Sikhs, it includes hymns composed by fifteen saints (Bhagats) and eleven poet laureates (Bhats) of the Guru's court. Muslims and Hindus, Brahmins, and "untouchables" all come together in one congregation to create a universal scripture. It is a compendium of mystic, metaphysical and religious poetry written or recited between the 12th and 17th centuries in the Indian sub-continent [3]. Sri Guru Granth Sahib, through its comprehensive worldview, offers a perfect set of values and an applicable code of conduct. Its cardinal message is addressed to the welfare of all humans irrespective of their caste, color, creed, culture, and religion. SGGS emphasizes love, respect, empathy, and acceptance of others' existence. It prohibits us from infringing on the freedom and rights of others. The life and works of the Sikh Gurus exemplify the practicability of these ideas. Their inter-faith dialogues highlighted that human unity and oneness could be achieved through tolerance, communication, and respect for others [4]. Besides a matchless elaboration of spirituality, Sri Guru Granth Sahib enshrines a powerful expression of the message of revolutionary ideals of social welfare, human rights, multicultural distinctness, and religious freedom. In the present era, when the threats and fear of interfaith conflicts, military aggression, terrorism etc., have overpowered human sentiments, the teachings of Sri Guru Granth Sahib are even more relevant to resolving all these problems. (shrink)

My aim in this chapter is to take the complexity of our histories of rights as seriously as the nature of rights themselves. Let me say immediately that the point is not to satisfy our sense of moral superiority by smugly pointing out the prejudices found in arguments made over three hundred years ago. We have more than our own share of problems and prejudices to deal with. Rather, in coming to grips with this history, and especially how early-modern political (...) theorists struggled with the extension and application of natural rights to the ‘New World’, we may learn something about our own struggles to extend human rights beyond the boundaries of the state system of which Grotius, Hobbes, Locke and Vattel were among the key intellectual architects. For Richard Tuck, the autonomous rights-bearing agent at the heart of liberal individualism is a product of seventeenth-century theorizing about the nature of the autonomous state acting in the international sphere. The sovereign individual is the ‘traditional cousin of the sovereign state’, argues Tuck, and especially the aggressive, violent, and minimally constrained relative described by Hugo Grotius, Thomas Hobbes, John Locke and Emer de Vattel. Thus the connection between liberalism and imperialism, on this reading, is not merely chronological or historical but metaphysical. The analogy between the sovereign state and the sovereign individual acting on the basis of their natural rights, constrained by the recognition of the basic rights of others (but not much more than that) represents an influential vision of liberal freedom. This minimalist account of freedom represents only one vision, however, and Tuck’s account of the pre-history of liberal rights has to be balanced against other conceptions, including more emancipatory ones. (shrink)

Human Rights and Democracy: India’s Experience -/- Author / Authors : Aynul Haque Page no. 114- 125 Discipline : Political Science/Polity/ Democratic studies Script/language : Roman/English Category : Research paper Keywords: Human Rights, Democracy, Constitution, violence, crime, corruption and India.

How should liberal societies respond to nonliberal ones? In this paper I examine John Rawls’s conception of international toleration against what is sometimes called a cosmopolitan one. Rawls holds that a just international order should recognize certain nonliberal societies, to which he refers as decent peoples, as equal members in good standing in a just society of peoples. It would be a violation of liberalism’s own principle of toleration to deny the international legitimacy of decent peoples who, among other things, (...) affirm human rights and accept peaceful coexistence with other societies. According to the cosmopolitan idea of international toleration, on the contrary, only societies that are liberal in character meet the criteria for toleration. I suggest that, against the Rawlsian conception of international toleration, the cosmopolitan idea is more consistent with the fundamentals of liberal political morality. I then clarify the ways in which cosmopolitan toleration is not worryingly interventionist even as it is not altogether toothless; and I end with some reflections on why cosmopolitism is not morally imperialistic. (shrink)

The object of this paper is to present and discuss the way democracy is conceived of by some prominent Islamic thinkers. Their position is that democracy, rightly understood, is simply a method of dispensing, sharing, and managing political authority, and as such does not imply secularism or other values and practices that are associated with liberalism. This paper is conceived of within a broader project to theorize the relations (actual and possible) between Islam, democracy, and modernity.

America and the world are in the process of collapse from excessive population growth, most of it for the last century and now all of it due to 3rd world people. Consumption of resources and the addition of one or two billion more ca. 2100 will collapse industrial civilization and bring about starvation, disease, violence and war on a staggering scale. Billions will die and nuclear war is all but certain. In America this is being hugely accelerated by massive immigration (...) and immigrant reproduction, combined with abuses made possible by democracy. Depraved human nature inexorably turns the dream of democracy and diversity into a nightmare of crime and poverty. The root cause of collapse is the inability of our innate psychology to adapt to the modern world, which leads people to treat unrelated persons as though they had common interests. This, plus ignorance of basic biology and psychology, leads to the social engineering delusions of the partially educated who control democratic societies. Few understand that if you help one person you harm someone else—there is no free lunch and every single item anyone consumes destroys the earth beyond repair. Consequently, social policies everywhere are unsustainable and one by one all societies without stringent controls on selfishness will collapse into anarchy or dictatorship. Without dramatic and immediate changes, there is no hope for preventing the collapse of America, or any country that follows a democratic system. Hence my essay “Suicide by Democracy”. It is also now clear that the seven sociopaths who rule China are winning world war 3, and so my concluding essay on them. The only greater threat is Artificial Intelligence which I comment on briefly. The key to everything about us is biology, and it is obliviousness to it that leads millions of smart educated people like Obama, Chomsky, Clinton, the Democratic Party and the Pope to espouse suicidal utopian ideals that inexorably lead straight to Hell on Earth. As W noted, it is what is always before our eyes that is the hardest to see. We live in the world of conscious deliberative linguistic System 2, but it is unconscious, automatic reflexive System 1 that rules. This is the source of the universal blindness described by Searle’s The Phenomenological Illusion (TPI), Pinker’s Blank Slate and Tooby and Cosmides’ Standard Social Science Model. The first group of articles attempt to give some insight into how we behave that is reasonably free of theoretical delusions. In the next three groups I comment on three of the principal delusions preventing a sustainable world— technology, religion and politics (cooperative groups). People believe that society can be saved by them, so I provide some suggestions in the rest of the book as to why this is unlikely via short articles and reviews of recent books by well-known writers. Another section describes the religious delusion – that there is some super power that will save us. The next section describes the digital delusions, which confuse the language games of System 2 with the automatisms of System one, and so cannot distinguish biological machines (i.e., people) from other kinds of machines (i.e., computers). Other digital delusions are that we will be saved from the pure evil (selfishness) of System 1 by computers/AI/robotics/nanotech/genetic engineering created by System 2. The No Free Lunch principal tells us there will be serious and possibly fatal consequences. The last section describes The One Big Happy Family Delusion, i.e., that we are selected for cooperation with everyone, and that the euphonious ideals of Democracy, Diversity and Equality will lead us into utopia, if we just manage things correctly (the possibility of politics). Again, the No Free Lunch Principle ought to warn us it cannot be true, and we see throughout history and all over the contemporary world, that without strict controls, selfishness and stupidity gain the upper hand and soon destroy any nation that embraces these delusions. In addition, the monkey mind steeply discounts the future, and so we cooperate in selling our descendant’s heritage for temporary comforts, greatly exacerbating the problems. (shrink)

Today, property rights have occupied tremendous academic and political space because of their close affiliation to human rights. At the global forums, the right to property is often advocated as a "fundamental human right" essential for the integrity of the individual, and also crucial to freedom, prosperity, and realizing equality. However, beyond the human rights proposal, economic development in the globalization decade has affected the state policies that have disturbed the sanctity of property rights for many households. (...) Owing to such occurrences, the issue of ‘property’ is now one of the biggest concerns of the state and the society, giving adequate reasons to question or dispute illusionary human rights discourse on property. In India, the harsh reality of land acquisition in the exercise of the power of eminent domain has reduced property to a mere political construct. The conflicts over acquisition and subsequent social exclusion have begun to expand their ambit and have taken over the streets, courtrooms, and public spaces. This paper attempts to put forth substantial arguments to satisfy that a human rights discourse on the property is either faulty or ignorant of reality, if devoid of context. Also, theorizing on property rights does not suffice as a standard for reasonable reforms in state policy vis-à-vis property. -/- . (shrink)

The right to food is recognized as a basic right under international human rights law. The lack of implementation of the right is a challenge for societies around the world. The failures in implementation are leading stakeholder's to strongly advance more appropriate standards vis-a-vis the right to food. The concept of food sovereignty for instance has gained importance in this regard. The concept of food sovereignty is interpreted to be larger in scope than the right to food. Food sovereignty (...) is not limited to the making "provision" of food to the beneficiaries by the state. In addition, it also mandates the empowerment of communities by the adoption of policies to secure land, food production and consumption, etc. -/- In 2010, the UN Special Rapporteur on the Right to Food recognized the wider import of the right to food based on the concept of food sovereignty. The Rapporteur emphasised on the provision of land for instance as essential to right to food. The acceptance of food sovereignty as a benchmark for state performance is one of the most notable developments in the field of economic, social and cultural rights. This chapter discusses the role of the concept of food sovereignty, and how it is shaping international and domestic policy frameworks. (shrink)

In this paper, I argue that Will Kymlicka’s theory of “mult”-iculturalism serves to unwittingly perpetuate a form of neo-colonial agenda in which Indigenous claims for recognition and sovereignty in Canada are accommodated to the degree and extent to which they are willing to “liberalize” and promote distinctly Euro-Western self-understandings and conceptions of individual autonomy (tied to substantive notions such as private property) – the supposedly foundational value and defining feature of liberalism. In fact, Kymlicka vehemently attacks Rawls’ theory of political (...) liberalism, whose tolerance-based conception provides a far more open theoretical normative architecture within which to dialogue with non-Western nations, where views of self, autonomy, property, land, non-human animals, and secularism may differ radically from those of liberal Western nations – or so I contend here. (shrink)

The human rights often are cited as an ultimate goal for the discipline of social science. It guides the UN in the pursuit of its organizational mission, and the civil democratic government generally endorses this paradigm of state rule as supreme. Nonetheless, it seems a mishap if the human rights are thought to be valued only in the courtroom or police office. They are the kind of ubiquitous concept that we could share and must share, who would be (...) the scientists in ideological pursuit, the policy makers and administrators in state engineering, and even the business enterprises in the emerging influence. It is typically regrettable if the human rights are not one of foremost concern, but a penumbra from the callous public officers while the human rights allow them to stand fundamentally. They comprise the magic code they are required to respect than any other priority, and also provide the basis of ethics on which the administrators deliberate. The paper attempts to deal with the theme of human rights, and delineates the elements of them with the aid of history and philosophy as well as comparative summary if adequate. Then the author leads the discussion to any new perspective or suggestion in the face of modern administrative state and social progress. (shrink)

Sikhism is the world's fifth-largest religion. It was founded during the late 15th century in the Punjab region of the Indian subcontinent. Its adherents are known as Sikhs. Currently, there are about 30 million Sikhs worldwide. Most of them live in the Indian state of Punjab. As per Sikh tradition, Sikhism was established by Guru Nanak (1469–1539) and subsequently led by a succession of nine other Gurus. Before his death, the tenth Sikh Guru, Guru Gobind Singh (1666–1708), bestowed the status (...) of Guru to the sacred scripture of Sikhs, Adi Granth, which is presently known as Sri Guru Granth Sahib (SGGS) [1]. The Adi Granth was first compiled by Guru Arjan Dev, the fifth Sikh Guru, in 1604. Its second and final version has been the handiwork of Guru Gobind Singh, who added the hymns of his father, Guru Teg Bahadur, the ninth Sikh Guru [2], at Damdama Sahib, Talwandi Sabo, Punjab, in 1705. The holy Sikh scripture, SGGS, contains 1430 pages of text in poetry form. In addition to the hymns of the six Sikh Gurus and four Sikhs, it includes hymns composed by fifteen saints (Bhagats) and eleven poet laureates (Bhats) of the Guru's court. Muslims and Hindus, Brahmins, and "untouchables" all come together in one congregation to create a universal scripture. It is a compendium of mystic, metaphysical and religious poetry written or recited between the 12th and 17th centuries in the Indian sub-continent [3]. Sri Guru Granth Sahib, through its comprehensive worldview, offers a perfect set of values and an applicable code of conduct. Its cardinal message addresses the welfare of all humans irrespective of their caste, colour, creed, culture, and religion. SGGS emphasizes love, respect, empathy, and acceptance of others' existence. It prohibits us from infringing on the freedom and rights of others. The life and works of the Sikh Gurus exemplify the practicability of these ideas. Their inter-faith dialogues highlighted that human unity and oneness could be achieved through tolerance, communication, and respect for others [4]. Besides a matchless elaboration of spirituality, Sri Guru Granth Sahib enshrines a powerful expression of the message of revolutionary ideals of social welfare, human rights, multicultural distinctness, and religious freedom. In the present era, when the threats and fear of interfaith conflicts, military aggression, terrorism, etc., have overpowered human sentiments, the teachings of Sri Guru Granth Sahib are even more relevant to resolving all these problems. (shrink)

America and the world are in the process of collapse from excessive population growth, most of it for the last century, and now all of it, due to 3rd world people. Consumption of resources and the addition of 4 billion more ca. 2100 will collapse industrial civilization and bring about starvation, disease, violence and war on a staggering scale. The earth loses at least 1% of its topsoil every year, so as it nears 2100, most of its food growing capacity (...) will be gone. Billions will die and nuclear war is all but certain. In America, this is being hugely accelerated by massive immigration and immigrant reproduction, combined with abuses made possible by democracy. Depraved human nature inexorably turns the dream of democracy and diversity into a nightmare of crime and poverty. China will continue to overwhelm America and the world, as long as it maintains the dictatorship which limits selfishness. The root cause of collapse is the inability of our innate psychology to adapt to the modern world, which leads people to treat unrelated persons as though they had common interests. The idea of human rights is an evil fantasy promoted by leftists to draw attention away from the merciless destruction of the earth by unrestrained 3rd world motherhood. This, plus ignorance of basic biology and psychology, leads to the social engineering delusions of the partially educated who control democratic societies. Few understand that if you help one person you harm someone else—there is no free lunch and every single item anyone consumes destroys the earth beyond repair. Consequently, social policies everywhere are unsustainable and one by one all societies without stringent controls on selfishness will collapse into anarchy or dictatorship. The most basic facts, almost never mentioned, are that there are not enough resources in America or the world to lift a significant percentage of the poor out of poverty and keep them there. The attempt to do this is bankrupting America and destroying the world. The earth’s capacity to produce food decreases daily, as does our genetic quality. And now, as always, by far the greatest enemy of the poor is other poor and not the rich. Without dramatic and immediate changes, there is no hope for preventing the collapse of America, or any country that follows a democratic system. (shrink)

The discursive character of human rights prevents a precise summary of historical origin, rationale, or definition outside of the various codifications in religious texts, secular philosophies, founding national documents, and international treaties, charters, conventions, covenants, declarations, and protocols. Regarding the objects of human rights, we can speak of a “foundational five” 1) Personal security 2) Material subsistence 3) Elemental equality 4) Personal Freedom and 5) Recognition as a member of the human community. Despite, or perhaps because of (...) its multivalence, the concept of human rights has been criticized as “foundationalist,” “essentialist,” or “ethnocentric”—its universalism being used as a weapon against itself by critics of cultural imperialism. Even the tolerance discourses so popular in critical theory, however, gain their normative force from the same basic notion of individual or group rights. Notwithstanding these rhetorical abuses, the concept of human rights has proved robust as a doctrine of equality owing to its openness to a pluralism of justifications grounding the basic “goods” agreed as necessary for human development. (shrink)

Domestic courts are often quoting foreign case law on human rights. The conversation pursued through cross-referencing across jurisdictions has added to the globalization of international human rights standards. As the practice is gaining ground and becoming a more permanent feature of domestic judgments, its relevance needs to be examined. A closer look at the practice will bring forth a more realistic understanding of the approaches of domestic courts and the advantages which they offer to the institution. This paper (...) raises few questions on the value and influence of cross-referencing in the area of human rights. Questions in this regard can be posed as to (a) whether cross-referencing is reflective of an emerging consensus on the subject matter? (b) Is it strategic for domestic courts to quote foreign case law? (c) Is the practice of cross-referencing simply a trend or an urge to belong to a community of courts? (d) Is the practice of relevance towards the implementation and advancement of international human rights standards? The topic can shed light on broader themes including the universality of human rights, contestations/disagreements over human rights standards, and the measure of acceptability of international human rights standards within domestic settings. This paper discusses the practice, its role and influence in relation to international human rights standards. Three judgments [of the courts of Nepal, India and Singapore] addressing the human rights and homosexuality agenda have been illustrated for discussion. (shrink)

This paper is an attempt to provide an adequate theoretical framework to understand the biological basis of human rights. We argue that the skepticism about human rights is increasing especially among the most rational, innovative and productive community of intellectuals belonging to the applied sciences. By using examples of embryonic stem cell research, a clash between applied scientists and legal scientists cum human rights activists has been highlighted. After an extensive literature review, this paper concludes that the (...) advances in applied sciences proven by empirical evidence should not be restricted by normative theories and philosophies of the social sciences. If we agree on these premises that Human Rights are biological, then biology can provide a framework of cooperation for social and applied scientists. (shrink)

Scholars have struggled with identifying the exact reasoning that leads to the list of human rights in Rawls's Law of Peoples. This essay argues that the list can best be explained by a reasoning based on the value of self-determination of peoples. At the same time, it argues that this reasoning still has serious difficulties. In particular, it is necessary to clarify whether human rights may always be enforced by coercive means against states that violate them. However, once (...) this has been clarified, the balance of reasons on which Rawls’s argument rests no longer indisputably supports his conclusion. (shrink)

Domestic courts have attained prominent status in the international human rights system. While adjudicating individual claims and interpreting legal provisions, domestic courts have conveyed meanings that are integral to the working of the international human rights system. The dynamism of domestic courts is an undeniable quality, through which they incorporate diverse perspectives based on principles linked to individual sovereignty, justice, peace, etc. In this paper, the role of the Indian Supreme Court has been discussed in light of three (...) landmark decisions where the court applies international and domestic human rights standards to substantiate its interpretations. In light of the cases of Navtej Singh v. Union of India, Joseph Shine v. Union of India, and KS Puttaswamy v. Union of India, the paper examines the approach of the court under five broad headings: (a) the domestic context, (b) autonomy and determination, (c) constitutional parameters and validity of laws (d) vulnerability, and (e) other courts and other contexts. On the role of domestic courts in general, the paper outlines a list of the contributions that domestic courts are making in the field of human rights.]. (shrink)

Domestic courts have attained prominent status in the international human rights system. While adjudicating individual claims and interpreting legal provisions, domestic courts have conveyed meanings that are integral to the working of the international human rights system. The dynamism of domestic courts is an undeniable quality, through which they incorporate diverse perspectives based on principles linked to individual sovereignty, justice, peace, etc. In this paper, the role of the Indian Supreme Court has been discussed in light of three (...) landmark decisions where the court applies international and domestic human rights standards to substantiate its interpretations. In light of the cases of Navtej Singh v. Union of India, Joseph Shine v. Union of India, and KS Puttaswamy v. Union of India, the paper examines the approach of the court under five broad headings: (a) the domestic context, (b) autonomy and determination, (c) constitutional parameters and validity of laws (d) vulnerability, and (e) other courts and other contexts. On the role of domestic courts in general, the paper outlines a list of the contributions that domestic courts are making in the field of human rights. (shrink)

In my 1990 work – Marxism, Morality, and Social Justice – I argued for four modifications of Rawls’s principles of social justice and rendered a modified version of his theory in four principles, the first of which is the Basic Rights Principle demanding the protection of people’s security and subsistence rights. In both his Political Liberalism and Justice as Fairness Rawls explicitly refers to my version of his theory, clearly accepting three of my four proposed modifications but rejecting the fourth (...) ‐‐ the demand for social and economic democracy – on grounds that it automatically justifies socialism as opposed to capitalism. I argue, contrary to Rawls, that it is not true that this demand automatically picks socialism as the preferablesocioeconomic/political system and that a Social and Economic Democracy Principle demanding workplace and neighborhood democracy is officially neutral between these two systems … although plausible empirical assumptions may, indeed, favor the former. I then significantly elaborate my second version of Rawls’s theory of social justice which is composed of the following principles arranged in a very strong order of priority : Basic Rights Principle, Equal Basic Liberties Principle, Fair Equality of Opportunity Principle, Modified Difference Principle, and Social and Economic DemocracyPrinciple. I argue that this elaborated version of the theory – which I call “Justice as Fair Rights” – is better than either Rawls’s original theory or my previous versions of it. (shrink)

This article focuses on the idea of ‘human rights city’ and explores its practice. It starts from the concepts of human rights cities and subsidiarity to explain what a human rights city is and delves into the existing literature identifying the challenges to guarantee human rights in local contexts, such as the legal framework, education and training, the institutional structure, and the resources. Our article is based on an empirical-based study of Madrid Human Rights Plan (...) (2017–2019). We carried out semi-structured interviews, focus group, and participant observation to grasp the obstacles that civil servants encounter in the implementation of the Plan. We identify five types of obstacles that we classify as conceptual, ideological, legal, organisational, and budgetary. Our study questions the idea that the local context, just because of its proximity to the citizenry, is the best equipped level of government to guarantee human rights. Without proper training and resources human rights can be lost in translation. Through the identification of such obstacles in a specific case study, we contribute to the academic debate on human rights in practice with the aim of fostering its guarantee in local contexts. (shrink)

Some critics of Mill understand him to advocate the forced assimilation of people he regards as uncivilized, and to defend toleration and the principle of liberty only for civilized people of the West. Examination of Mill’s social and political writings and practice while serving the British East India Company shows, instead, that Mill is a ‘tolerant imperialist’: Mill defends interference in India to promote the protection of legal rights, respect and toleration for conflicting viewpoints, and a commercial society that can (...) cope with natural threats. He does not think the principle of liberty is waived for the uncivilized, or that the West should forcibly reshape them in its own monistic image. Mill’s tolerant imperialism reflects a tension between liberty and moral development that surfaces also when Mill thinks about the scope of government in civilized societies. (shrink)

In India, Dalits faced a centuries-old caste-based discrimination and nowadays indigenous people too are getting a threat from so called developed society. We can define these crimes with the term ‘atrocity’ means an extremely wicked or cruel act, typically one involving physical violence or injury. Caste-related violence has occurred and occurs in India in various forms. Though the Constitution of India has laid down certain safeguards to ensure welfare, protection and development, there is gross violation of their rights such as (...) killing, murder, torture, burning, abduction, rape and molestation. According to a report by Human Rights Watch, “Dalits and indigenous peoples (known as Scheduled Tribes or adivasis) continue to face discrimination, exclusion, and acts of communal violence. Laws and policies adopted by the Indian government provide a strong basis for protection, but are not being faithfully implemented by local authorities.” Human rights issues are very often understood and analyzed from socio-political and cultural perspectives. Apart from such perspectives, the issue of human rights also can be analyzed from a strictly philosophical perspective, which implies that the idea of human rights is centered on the inspiration of human dignity. Several studies on the situation of human rights of Dalits in several parts of India show more reports on violation of human rights than on protection of them. Dalits are discriminated against, denied access to land, forced to work in degrading condition, and routinely abused at the hands of the police and higher-caste groups that enjoy state protection. For example, Dalit women are regularly subjected to sexual violence as a result of their lower caste status-often in response to their demands of basic rights. Hate crimes towards indigenous peoples is a daily reality in many countries across the globe. The challenge is to change such a dehumanized situation. The challenge is to each one of us that whether engaged in governance of the civil society or voluntarily engaged in social and economic development of society, one thing to remember is that leaving behind the vulnerable units of our society – Dalits and indigenous peoples – will not take us to a prosperous society. This paper is an attempt to study the situation of human rights of two most neglected segments of society namely, Dalits and STs as a serious international human rights issue. (shrink)

The consciousness of social security comes to a man when he feels that he is getting his basic rights. Human Rights are related to those rights which are related to man’s life, freedom, equality and self-esteem, are established by Indian constitution or universal declaration of human rights and implemented by Indian judiciary system. In other words, “Human rights are rights inherent to all human beings, whatever our nationality, place of residence, sex, national or ethnic origin, color, (...) religion, language, or any other status.”1 We are all equally entitled to our human rights without discrimination. But we when come the present conditions of Indian society, it is painful to say we find lots of discrimination and violations of human rights is a common problem. In this paper it is an attempt is made to describe that casteism cause social insecurity and is a form of violation of human rights. (shrink)

Our time is characterized by what seems like an unprecedented process of intense global homogenization. This reality provides the context for exploring the nature and value of toleration. Hence, this essay is meant primarily as a contribution to international ethics rather than political philosophy. It is argued that because of the non-eliminability of differences in the world we should not even hope that there can be only one global religion or ideology. Further exploration exposes conceptual affinity between the concepts of (...) intolerance, ideology, and doctrinal evil. The last concept is developed in contrast to pure evil and average evil, and under the assumption of the metaphysical necessity of free will. Doctrinal evil is found to represent the main source of intolerance as a result of a mechanism that tends to confuse doctrinal evil (or the competing conceptions of the good) with pure evil. This connection between doctrinal evil and pure evil provides ideologies with their forcefulness. Tolerance cannot be properly understood in terms of a simple opposition to intolerance, however. Tolerance emerges as a sort of vigilance, conscientiousness, and non-negligence based not on a supposedly correct interpretation of the good, but rather on the acceptance of the fallibility of any such attempted definition. Conversely, the principal evil in doctrinal evil is found in arrogance that accompanies the intolerance-inducing irresponsible thoughtlessness. With this conceptual topology in mind the paper also addresses questions regarding religious tolerance, the ideology of human rights and democracy, the right to self-defense, ways to face evil, the dialectics of using old names for novel evils, and related issues. (shrink)

In this paper I explain and defend the content and justification of John Rawls's conception of human rights, as he outlines it in his major work: The Law of Peoples. I focus, in particular, on the criticisms of Allen Buchanan. Buchanan distinguishes four lines of argument that Rawls uses to derive what, according to Buchanan, is a 'lean' list of human rights : the Political Conception Argument, the Associationist Argument, the Cooperation Argument, and finally the Functionalist Argument. In (...) each case Buchanan proceeds to show how the premises of Rawls's argument lead to absurd consequences if taken to their logical conclusion. It can be shown, however, that the reason these consequences follow is that Buchanan misunderstands and misrepresents Rawls's premises. (shrink)

Weighing competing obligations and achieving the “greatest balance” of right over wrong guides an individual, an agency or a country in determining what ought to be done in an ethically challenging situation. Conducting controlled human infection model (CHIM) studies in India is one such situation. The ethical challenge in conducting a CHIM study lies in completing the difficult task of introducing standardised, attenuated strains of micro-organisms into normal healthy volunteers, at the same time ensuring the safety of these healthy (...) individuals from potential and completely informed risks in a fashion that is transparent and accountable. The bar is further raised against the background of already fragile public confidence in biomedical research in India; especially when “deliberate” introduction of microbial agents into healthy individuals is involved, with the larger altruistic objective of gain to society as a whole. -/- This paper discusses the uses of CHIM studies with respect to the larger scientific Indian research enterprise of the 21st century. It further explores etic and emic perspectives in conducting such trials in India and seeks to generate an ethical coherence to the justification for conducting CHIM studies in India. The paper deliberates on ethical issues arising out of conducting CHIM studies and reflects on how developing the capacity for CHIM studies in India is likely to strengthen the health research and development sector in the country. -/- . (shrink)

The Yogyakarta Principles for the application of human rights to sexual orientation and gender identity define gender identity as “each person’s deeply felt internal and individual experience of gender, which may or may not correspond with the sex assigned at birth, including the personal sense of the body and other expressions of gender, including dress, speech, and mannerisms.” This definition and its acknowledgment within human rights politics is a key step in the fight of trans people for legal (...) protection. Our aim is to analyze this definition both historically and systematically to find out how the Western liberal conception of rights fosters specific trans politics and limits the options for others. Specifically, we claim that political liberalism and the form of subjective rights that it brings about influence concepts of identity and political strategies. While we analyze the limits of the liberal framework, our aim is to think about how it is possible that even within this framework, non-normative bodies and queer identities can be acknowledged and supported through law. (shrink)

The aim of this study is to proof the argument – i.e. ‘there are significant linkages amongst tolerance, hybrid identities and migration.’ These linkages can be comprehended by means of conceptualising extensions of hybrid identities in aggregate trans/inter-migration processes. It can be put forward that arising hybrid identities are embedded in a blurring structure of thoughts, beliefs, states of affairs, facts, belongings and so forth. From multiculturalism and cosmopolitanism viewpoints, it is argued that tolerance and migration ought to be analysed (...) in frame of sociology of law, human rights, international migration law, and of course the European Union law. So far, normative arguments and soft law approaches are very much well integrated with social aspects of migration, tolerance, identity and culture. In this context, the study examines to what extent cultural and human components are protected by law in multiple levels from an interdisciplinary perspective. In this framework, it is crucial to raise the research enquiries: What are possible criteria for the limits of tolerance? To what extent tolerance is related to human rights and morality? What ought to be the limit of tolerance towards hybrid identities in multicultural and cosmopolitan societies? In a consistent manner, the criteria and standards developed by some leading scholars were reconstructed and discussed throughout this paper. These criteria and standards are both moral (part of a universal system of morality) and legal (international, supranational, or national – i.e. constitutional). In order to apply such standards their validity was discussed (i.e. the respective normative power has the norms at the various levels). In the case of morals, their difference to particular ethnic systems was established (i.e. criteria by which the two can be distinguished). Then the research argument was elaborated on whether and how the legal standards comply with the moral standards, how national standards comply with supranational or international standards. Likewise, the study highlights the crucial contributions of “World Society and World System Paradigms” that are associated with social space, global civil society, cosmopolitanism, ethnic diversity, cultural hybridity, human rights activism and public sphere. Recent debates in Refugee Studies (e.g. Syrian Refugee Crisis, Dual and Multiple Citizenship Issues and so forth) highlight the fact that the European Union needs to consider new aspects of tolerance for hybrid identities and tolerate cultural rights of hybrid identities, create cohesion in communities and establish intercultural dialogue amongst home-states and host-states. Sanguinely, the efforts of hybrid identities are strengthening the relations between home-host states and these ought to attract some considerable attention. The authors of this study hope that their endeavours may contribute somewhat towards that. (shrink)

This paper examines how stances and understandings pertaining to whether home education is civically legitimate within liberal democratic contexts can depend on how one conceives normative roles of the secular state and the religious neutrality that is commonly associated with it. For the purposes of this paper, home education is understood as a manifestation of an educational philosophy ideologically based on a given conception of the good. -/- Two polar conceptions of secularism, republican and liberal-pluralist, are explored. Republican secularists declare (...) that religious expressions do not belong in the public sphere and justify this exclusion by promoting religious neutrality as an end in itself. But liberal-pluralists claim that religious neutrality is only the means to ensure protection of freedom of conscience and religion, which are moral principles. Each conception is associated with its own stance on whether exemptions or accommodations on account of religious beliefs have special legal standing and thereby warranted. The indeterminate nature of religion and the allegedly biased exclusion of secular beliefs, cited by some when denying religious exemptions, can be overcome by understanding all religious and conscientious beliefs as having equal standing as conceptions of the good. -/- Analysis of court documents from the Uwe Romeike et al asylum case are guided by these understandings, and relationships among themes are explored. -/- In summary, any stance regarding home education may depend on one’s view of secularism, particularly in relation to whether one views religious neutrality as a means to ensure protection of freedom of conscience or an end in itself. (shrink)

This book argues that moral philosophy should be based on seven scientific principles of theory selection. It then argues that a new moral theory—Rightness as Fairness—satisfies those principles more successfully than existing theories. Chapter 1 explicates the seven principles of theory-selection, arguing that moral philosophy must conform to them to be truth-apt. Chapter 2 argues those principles jointly support founding moral philosophy in known facts of empirical moral psychology: specifically, our capacities for mental time-travel and modal imagination. Chapter 2 then (...) shows that these capacities present human decisionmakers with a problem of diachronic rationality that includes but generalizes beyond, L.A. Paul’s problem of transformative experience: a problem that I call “the problem of possible future selves.” Chapter 3 then argues that a new principle of rationality—the Categorical-Instrumental Imperative—is the only rational solution to this problem, as it requires our present and future selves to forge and uphold a recursive, bi-directional contract with each another given mutual recognition of the problem. Chapter 4 then shows that the Categorical-Instrumental Imperative has three identical formulations analogous but superior to Immanuel Kant’s various formulations of his ‘categorical imperative.’ Chapter 5 shows that these unified formulas jointly entail a particular test of moral principles: a Moral Original Position similar to John Rawls’ famous ‘original position’, but which avoids a variety of problems with Rawls' model. Chapter 6 then shows that the Moral Original Position generates Four Principles of Fairness, which can then be combined into a single principle of moral rightness: Rightness as Fairness. This new conception of rightness is shown to reconcile four dominant moral frameworks (deontology, consequentialism, virtue ethics, and contractualism), as well as entail a new method of moral decisionmaking for applied ethics: a method of “principled fair negotiation” according to which applied ethical issues cannot be wholly resolved through principled debate, but must instead be resolved by actual negotiation and compromise. This method is then argued to generate novel, nuanced analyses of a variety of applied moral issues, including trolley cases, torture, and the ethical treatment of nonhuman animals. Chapter 7 then shows that Rightness as Fairness reconciles three leading political frameworks—libertarianism, egalitarianism, and communitarianism—showing how all three embody legitimate moral ideals that can, and should, be fairly negotiated against each other to settle the scope, and nature, of domestic, international, and global justice on an ongoing, iterated basis. Finally, Chapter 8 argues that Rightness as Fairness satisfies all seven of the principles of theory-selected defended in Chapter 1 more successfully than rival theories. (shrink)

Liberal political institutions have been an enormous boon for humanity. The free market aspect of liberalism has led to an explosion of innovation, ranging from new kinds of technology and novel forms of entertainment to advances in science and medicine. The emphasis on individual rights at the core of liberalism has increased our ability to explore new ways of living and to construct an identity of our own choosing. But liberal political institutions around the world are facing two crises: low (...) fertility and declining social trust. In particular, liberalism’s focus on individual liberty rather than group cohesion can increase economic productivity by encouraging the free movement of people and capital, but this movement is associated with declines in social cohesion and fertility. In this essay, we highlight some challenges to the long-term evolutionary stability of liberalism. In other words, we raise the question: Can liberalism last? (shrink)

One of the most fascinating debates in the field of political theory has been the one about the relationship between value pluralism and liberalism. Based on their different conceptions and definitions, various theorists have often theorized a tension in the relationship between pluralism and liberalism. On the one hand, liberal authors who believe in the universality of liberal values that have to do with the safeguard of freedom (conceived at least to some extent as “negative freedom”), in the expressions and (...) the free choices that individuals within a society or group can make, tolerance, in their individuality, in the equality of opportunities for everyone, etc., and on the other hand, the pluralists, who emphasize that different values, beliefs and human goods (the diversity) in society are essentially incompatible with one another, and as such, also incommensurable. Against the positions of some various authors who theorize an inherent conflict between these two ideas, in this paper, we argue that in practice, but also theoretically justified, there is a connection and a mutual support relationship existing between pluralism and liberalism. Therefore, the main principles that pluralism protects, such as pluralism of value, incommensurability between multiple conceptions of the goods, etc., can find themselves best in the context of a liberal society. (shrink)

Liberalism is today under attack. This attack is being fought along two fronts, and so appears to be coming from different directions, but it is actually coming exclusively from the right. One source is Islamic fundamentalism, and the other is American neo-conservatism, which in turn unites elements of Christian fundamentalism with elements of neo-Platonic political philosophy and neo-Aristotelian moral theory. Both Islamic fundamentalism and American neo-conservatism are perfectionist views, and while perfectionist attacks on liberalism are nothing new, there is a (...) special danger in the position that liberalism currently finds itself. Although bitterly opposed to each other and divided by utterly incompatible substantive views, these two sources of attack share many similarities at a more fundamental level of political theory. The purpose of this paper is accordingly to focus our attention on the similarities between these seemingly opposing perfectionist views, and to defend liberalism against one of the most serious accusations that perfectionists from both camps make against it—the claim that liberalism leads to nihilism. (shrink)

The Lautsi case in Italy attracted widespread attention in Europe and beyond. Though the issue under contention was a Christian symbol, the European Court of Human Rights (ECHR) judgements showed changes in assessment both about religion (in contrast with former cases regarding Muslim veils) and secularism (which did not have the same meaning for everyone). In light of those rulings, this paper reflects on the concepts of neutrality and secularism and their normative implications for European citizens in terms of (...) belonging, solidarity and cohesion. An open and plural public sphere, in which intercultural exchange can flourish, is crucial if Europe is serious about the integration of its immigrants, many of whom possess a Muslim background. A ‘post-secular’ Europe may have to reconsider long-held stereotypes about religion and nuance its self-understanding as ‘secular’, in a way that religious citizens can identify with Europe too. The discussion will draw on the ideas of Taylor, Casanova, Habermas, Weiler and Beck to illustrate some of the political, ethical and theoretical complexities of the Lautsi case, specifically issues to do with neutrality, secularism and the role of religion in the public sphere. (shrink)

Some claim that liberalism’s neutrality toward the Good encourages anomie, thereby disallowing social confirmation of beliefs, leaving the individual with an uncertainty about judgments that is opposed to confidence and self-respect. This is the “anomie challenge.” I begin by discussing toleration and neutrality and motivating the problem. I then look at responses to the challenge by liberal pluralists and liberalism’s critics. After dismissing both, I argue that the right to choose is the good to be advocated and that it allows (...) for supportive, but voluntary, social structures. I conclude that liberalism better supports self-respect than the alternatives. (shrink)

A religious worldview cannot expect the same kinds of tolerance as racial, gender, or sexual identities. Here’s why... -/- ... How should the Left understand and practise religious tolerance in the face of the emphasis that various groups now place on the value of their religious identities? This is a question that has, of course, become tangled up with overlapping issues, such as racism, anti-immigrant sentiment, and various forms of nationalist xenophobia. But we should keep these issues separate and focus (...) on the difficult enough question of the relationship between religious toleration and identity politics. Much of the (New) Left analysis, which concentrates on the language and agendas of identity politics, has paid too little attention to a very significant distinction that falls within the various identities that have been proposed as a basis for rectifying various forms of social injustice and unequal treatment: the distinction between ideological and non-ideological identity commitments. A lack of clarity about this basic divide within identity politics has led to a serious failure to provide credible understanding of what tolerance requires when we are confronted with questions about the rights of different religious groups to be treated equally and with respect.... (shrink)

This chapter examines some central features to liberal conceptions of toleration and liberty of conscience. The first section briefly examines conceptions of toleration and liberty of conscience in the traditions of Locke, Rawls, and Mill. The second section considers contemporary controversies surrounding toleration and liberty of conscience with a focus on neutrality and equality. The third section examines several challenges, including whether non-religious values should be afforded the same degree of accommodation as religious values, whether liberty of conscience requires a (...) secular state, and how bias impedes understandings of toleration and liberty of conscience. The chapter concludes with brief comments on future directions for research on toleration and liberty of conscience. One is exploring toleration and liberty of conscience in non-Western contexts; another is exploring ways that varieties of religious and political identity impact conceptions of toleration and liberty of conscience. (shrink)

The issue discussed in this paper is as topical today as it was in the early modern period. The Reformation presented with heightened urgency the question of how to relate the system of beliefs and values regarded as fundamental by an established political community to alternative beliefs and values introduced by new groups and individuals. Through a discussion of the views on toleration advanced by some key early modern thinkers, this paper will revisit different ways of addressing this problem, focusing (...) on the relationship between truth and toleration. The comparison between different proposals in their historical and political contexts, will reveal a variety of understandings of toleration and of models for its promotion. These understandings will be shown to be grounded in different conceptions of religious belief, of its relation to truth, and of human reason’s ability to reach it. They will provide a map of possible models for addressing conflict in a pluralist world from which lessons of enduring relevance can be learnt. The upshot of the paper is that, from a theoretical point of view, the culprit in intolerance is not in itself belief in some objective truth. Some of the common assumptions about the denial of religious truth or the reduction of religious truth to a minimal creed as the best paths to universal toleration will be challenged. Likewise, the narrative centred on England and France which has led to the celebration of the heroes of a supposedly ‘universal’ toleration that still manages to exclude millions of people will be shown to be in need of significant revision. After discussing approaches based on the rights of the individual conscience and on the unknowability of religious truths above human reason, the paper will finally investigate whether grounds for a general and principled theory of toleration can be found in religious truth itself and, following the tradition of natural law, in some universal truth discoverable by natural reason. (shrink)

In this paper, I propose to look closely at certain crucial aspects of the logic of Rawls' argument in Political Liberalism and related subsequent writings. Rawls' argument builds on the notion of comprehensiveness, whereby a doctrine encompasses the full spectrum of the life of its adherents. In order to show the mutual conflict and irreconcilability of comprehensive doctrines, Rawls needs to emphasise the comprehensiveness of doctrines, as their irreconcilability to a large extent emanates from that comprehensiveness. On the other hand, (...) in order to show the possibility and plausibility of the political liberal solution he needs to emphasise that most of these doctrines are reasonable: i.e., they are willing to cede a portion of their authority to political liberalism for the right reasons. Yet, if they are willing to cede a portion of their authority to a political conception they cannot be as comprehensive as we initially thought they were. All these elements highlight the tension in the argument itself. I suggest that many of these tensions can be removed by making Rawls' account more flexible. In this context I propose certain amendments to Rawls' account, which may overcome some of the tensions mentioned above. (shrink)

Cosmopolis A Review of Cosmopolitics -/- 2015/3-4 -/- Editorial Dominique de Courcelles & Paul Ghils -/- This issue addresses the general concept of “spirituality” as it appears in various cultural contexts and timeframes, through contrasting ideological views. Without necessarily going back to artistic and religious remains of primitive men, which unquestionably show pursuits beyond the biophysical dimension and illustrate practices seeking to unveil the hidden significance of life and death, the following papers deal with a number of interpretations covering a (...) wide field extending from belief to theory, from emotions to concepts, from the wisdom of personal experience to the most sophisticated doctrines. Spirit and spirituality are indeed many-faceted notions. They may refer to the intricate world of the interacting spirits which inhabit living beings in animistic traditions, without excluding a “grand force” linking human beings within a dynamic whole on which their very existence rely . They also bear upon more atomistic and either/or approaches of Western philosophy, which have become embodied in Cartesian dualism against a monotheist background, to the point of freezing the essence of individuals and culminating in the extreme individualism that characterizes our contemporaries. However, this equally refers to the opposite conception of materialism, across times and cultures, from ancient India and Greece (Cārvāka, originally known as Lokāyata, or some Buddhist doctrines for the former, Democritus or Lucretius for the latter) to more contemporary materialistic schools, whether modern or postmodern. -/- The following papers look at the contrasting forms of the philosophy and spirit of the human factor set into a whole, with no artificial disjoint between the psychical and the physical levels, as Wittgenstein put it: “And how can a body have a soul?”. This approach is not unrelated to the notion of anthropocene examined in a recent issue of Cosmopolis, with provides another comprehensive framework open to a spiritual life emerging from the very environment that generated it. -/- *** The first section of this issue was edited by Dominique de Courcelles, director at the National French Research Centre (CNRS), whom we wish to thank for collecting relevant studies relating to the religious and political questions, with a view to focusing on the war of ideas inevitably waged behind images, concepts and perceptions, taking an asymmetrical approach. To the extent that they are mindful of global/local interactions and include representations, opinions and beliefs, such disciplines as philosophy, philology, history and social sciences can provide useful studies accounting for new practices in geopolitics and a fair diplomacy. -/- In her introduction, Dominique de Courcelles first poses the question of how the religious and political spheres interrelate, with their corresponding religious demands and humanistic values. She then suggests that the right question today may be breaking with the philosophy of human rights concerned with the defense of human beings against the hazards of arbitrary politics or the instrumental use of religion, in favour of a fair philosophy of humankind, a new humanism. This would consist in recognizing a common loyalty of all towards one interhuman, not only interstate community, to protect it from both the autonomy demanded by individuals and the instrumental use of minorities. -/- Considering the fact of diversity, so important today in terms of both politics and religion, Abdelhai Azarkan looks at the conditions under which tolerance could obtain the double status of right and duty. He revisits to two philosophers, John Locke and Voltaire, who thought about it from the historical reality of religious wars. The former made tolerance into a right, basing his analysis on the political-legal level, while the latter saw tolerance as a duty, from an analysis based on ethical-political criteria. -/- Mathieu Guidère examines what he calls semantic denominationalism, a term which implies religious attributes and identities, whichever national loyalties or personal belonging they may have at the same time. Since the early 2000s, thie phenomenon has expanded tremendously, compounded by the “war on terror” and the over media-oriented terrorist actions. Denominational expressions act as formal names for ordinary and high-profile players in domestic and foreign policies of democratic states. These systems reveal a receding secularization, while the powerful comeback of religious identities signals the failure of nation-states and the weakening of the humanist spirit. -/- Barbara De Poli retraces the history of a contemporary jihadism claiming its Islamic essence and asserting the truth of genuine coranic principles via the war on infidels, with a view to restoring the Caliphate. After defining the term jihad, she shows that even if this contemporary jiadism is spreading in the Muslim world, it radically departs from Islamic law and the received use of the term jihad, in so far as it is rooted in the early radical thinking of Islamic ideologues in the 20th century, starting with with Hassan al-Banna, the founder of the Muslim Brotherhood. This current has been fueled by by international conflicts since the outbreak of the war in Afghanistan, in which the so-called Western countries bear a major responsibility. -/- Abderrazak Sayadi starts from the Tunisian experience to ask the question of humanist values and democracy within the relationships between the religious and political spheres. As a historian of religion, he is brought to demystify certain islamic principles and to paying attention to the reform of law, seeing the separation of religion and politics as a precondition to a successful democratic gamble and the establishment of a renewed humanism. -/- Dominique de Courcelles reminds us that getting a better knowledge of narrations and words makes it possible to better understand how logical and rhetorical thinking works for those who wage an asymetriccal war, re-enchanting and mystifying the world to better take control. As soon as 1932, an exchange of letters between Einstein and Freud made it clear that, in order to free man from fatality and war, education understood as culture was fundamental. Such illustrations as the exécution of Oussama ben Laden and the Caliph’s speech in Mossoul show that a premiminary analysis of images and words is essential to a fair diplomacy conducted by people from civil society, whose culture and wisdom allow justice and force to speak together and better resist war. -/- Marcel Boisard thinks that on the day the guns fall silent, exhausted by war, we will not return to the state borders that have prevailed for a century as an outcome of the Sykes-Picot agreement of 1916. It is time to prepare the “day after”, which will be a huge challenge. To this end, a summit of Middle-East nations is urgently needed to globally decide the fate of those peoples. On the condition that we know who the enemy is and accept to name it, to understand the history of the countries, groups and alliances, and to question any false or self-interested sense of certainty. -/- *** In the second section, Paul Schafer provides the author’s experiences to explain how culture, from the artistic to the biological, has the power to to open the doors to spirituality, from the inner self to the global environment. He asks himself whether a relative permanence of spirituality can arise from the specific moments that characterize it. Laurent Ledoux synthesizes the conclusion of a symposium held on 22 January 2015 on the links between philosophy and management, on the basis of the spiritual dimension conceived as “natural” and the answers it may suggest to the issues that face the organizations in a “contemporaniversal” world. Jacques Rifflet makes that question in a secular perspective, based on the wellsprings of personal commitment before it can be caught by any religious creed or scientific theory. In this sense spirituality, in alliance with reason, both inspires human consciousness and illuminates its destiny. Sami Aldeeb asks himself whether Islam can be reconciled with human rights. Caught between the belief in an absolute and final Word descended from the sky, and evidence showing that any religion is the creation of a given culture and a society situated in time and space, the Makkan and … contexts et médinois call for differentiated, if not opposite answers and exegeses. Bernard Carmona provides the outline of a dialogical framework, which is known to be a feature of debates between the various philosophical schools of classical India, exemplified here by the transdisciplinary perspective of debates within a Buddhist context. *** The articles not focused on the previous topic include a study by Landry Signé on China’s strategy, competing with the United States to control African resources. The author deals with the specific case of China’s rapprochement with Southern Sudan since Sudan was broken up. In the last paper, Goran Fejić and Rada Iveković, return to the essential role that women should play, and comments upon the role of some international legal instruments related in particular to the elimination of all forms of discrimination. The perspective is transnational and transethnic and is based on secular criteria, as regards nation-building and more generally society-building. Considering the persistence of widespread violence, whether in times of armed conflict or in times of peace, the question remains whether it is possible to fully implement rights and justice instruments. (shrink)

This is exciting stuff. Philosophers have long explored the structure of human concepts from the inside, by manipulating their skills as users of those concepts. And since Quine most reasonable philosophers have accepted that the structure is a contingent matter – we or not too different creatures could have thought differently – which in principle can be..

Carl Schmitt contends that liberal constitutionalism or the rule of law fails because it neglects the state of exception and the political, namely politics viewed as a distinction between friend and enemy groups. Yet, as a representative of liberal constitutionalism, Locke grapples with the state of exception by highlighting a magistrate prerogative and/or the right of the majority to act during a serious political crisis. Rather than neglecting the political, Locke’s state of war presupposes it. My thesis is that Schmitt’s (...) assault against Locke’s liberal constitutionalism is one-sided, and hence Locke’s militant liberalism can disarm it. In support of my thesis I shall argue (1) that Schmitt overlooks Locke’s distinction between liberty and license; (2) that, ironically, Schmitt’s conception of politics resembles Locke’s state of war; and (3) that Locke’s liberalism is militant rather than neutral because it excludes extremists from enjoying equal civil and political rights, as reasonable citizens do, to compete for political power. (shrink)

Disability laws are crucial in ensuring a life of dignity for persons with disabilities. However, they remain limited and ineffective in the absence of adequate knowledge and awareness of the experiences with disability. The limitedness of disability laws has been spoken of in cases where the full realization of rights is subject to technological, philosophical, and market dynamics. In many cases, the law is also weakened by negative cultural beliefs and social perceptions of disability. And then there are cases where (...) disability laws perpetuate or tolerate oppression and violence. Despite their limitedness, disability laws offer normative content to facilitate engagement and critique for reform. In terms of what disability laws ‘ought’ to be, scholars write, that they should be about disabled people and the meanings provided by them. This objective has and can be fulfilled with the aid of disability studies that go beyond the inquiries of law with the right kind of research tools to theorize and re-theorize concepts and meanings about disability. Disability studies, in other words, represent the living conditions of disabled persons and the questions of how disability and/or impairment should be defined. This chapter examines the interaction between disability law and disability studies through the prism of the Convention on the Rights of Persons with Disabilities (CRPD). While discussing the models of disability (medical, social, human rights, and relational-community models) and agendas for reforming the CRPD, the chapter highlights the importance of new concepts and approaches. Further, the potential of disability laws, CRPD in particular, has been discussed keeping in mind the application of its core principles across different sectors (with a special focus on the Marrakesh treaty and copyright laws). (shrink)

The present book, “Rights of Depressed Classes: A Constitutional Approach “is the fourth e-book of the Centre which includes the essence of the occasional papers presented in several seminars. Human Rights is one of the majors subjects for discussion in academics as well as in social sector and has an international approach to social issues and problems. The struggle to promote, protect and preserve human rights changes and holds continuity in every generation in our society. The concept and (...) practice of human rights is the hallmark of any modern society. Marginalized Groups of India includes SCs/STs, Women and Children etc. The Constitution of India provides equal rights to all its citizens’ right to live with equality, honour and dignity. But the caste system and untouchability somehow and others are still playing negative roles from different parts of the society. Talhan, Meham, Dulina, Gohana, Saalwan, Chakwada, Khairlanji, Khandamal and Mirchpur are some of the recent instances of atrocities against Dalits in India. Atrocities against Dalits thus continue to exist even today, despite constitutional safeguards, and various legislative measures. Empowerment is the process of increasing the capacity of individuals or groups to make choices and to transform those choices into desires actions and outcomes. (shrink)

The challenge of developing humane migration and refugee politics in Western states is far from resolved. This ongoing failure is typically attributed to the increased influence of right-wing populism and neo-fascism in Western migration politics. In this article I discuss a more radical explanation: Christoph Menke argues that political liberalism and its framing of migration as an issue of subjective human rights is the deeper root of the problem. While the merit of Menke’s approach is its criticism of subjectification (...) through individual rights that blocks politics, I show that his Critique of Rights may lead to an anti-pluralist and paternalistic ‘radical republicanism’. To react to this problem, I propose a ‘reflective liberalism’ that allows to criticise subjectification without abandoning the form of individual rights. This position, which I develop through a discussion of Foucault’s concept of ‘freedom as critique’, shows that in addition to protecting minorities such as migrants, individual rights turn out to be part of a regime of critical subjectification that constitutes critical subjects. Such critical subjectification by law can help to break through the blockade of politics that prevent the development of humane migration and refugee politics. (shrink)