The rapid advancement of digital health innovation, including Artificial Intelligence (AI), is transforming healthcare. The growing role the European Union (EU) plays in regulating the use of AI in healthcare renders national laws insufficient to safeguard patients from unique AIrelated risks. This underscores the urgent need for the recognition of a canon of patients' rights in the scope of EU law. This paper proposes the blueprint for an EU Charter for Digital Patients' Rights, consolidating and adapting existing rights for (...) patients to address these specific challenges. Traditional patients' rights such as the right to privacy and the right to informed consent are interpreted in light of the challenges posed by AI. It also proposes novel rights for patients, such as the right not to be subject to automated medical decision-making and the right to meaningful human contact. This paper highlights the EU's central role in protecting patients' rights and outlines strategies for effective implementation. This comprehensive approach aims to address the current shortcomings and enhance the legal framework governing digital health in Europe. (shrink)

The latest news from our planet is threatening: climate change, pollution, forest loss, species extinctions. All these words are frightening and there is no sign of improvement. Simple logic leads to the conclusion that humanity has to react, for its own survival. But at the scale of a human being, it is less obvious. Organizing one’s daily life in order to preserve the environment implies self-questioning, changing habits, sacrificing some comfort. In one word, it is an effort. Then, what justifies (...) such an effort? The personal choice to act in order to preserve our environment is often made by simple altruism. This choice is based on our love for other human beings: our love for the others grounds our effort. Our moral values, our ethical reflections and our religious beliefs are the deep core of these choices. “This is my commandment, that you love one another as I have loved you.” (John 15.12 NRSV). This Charter shows the moral and religious values that can help us react regarding the current environmental crisis and it should empower us to transcend the ideas of effort and sacrifice in order to consider the respect of the shared house, in a prophetic fulfillment of the being. (shrink)

Pierwszorzędnym przedmiotem badań są przyjęte w Karcie, wprost lub domyślnie, rozstrzygnięcia typu aksjologicznego. Przez „aksjologiczne podstawy” rozumiane są rozstrzygnięcia dotyczące uznania takich, a nie innych, wartości czy dóbr za przedmiot ochrony; a ponieważ chodzi o „podstawy”, przedmiotem zainteresowania są rozstrzygnięcia fundamentalne w takim sensie, że stanowią one uzasadnienie dla bardziej szczegółowych rozstrzygnięć aksjologicznych i normatywnych. Pozwala to m.in. na formułowanie wniosków co do spójności rozstrzygnięć szczegółowych. Zagadnienie aksjologicznych podstaw obejmuje także problematykę relacji między wartościami a prawami podstawowymi oraz zagadnienie ontologicznego (...) statusu wartości i chronionych praw. Artykuł zawiera także wyniki badań nad wprowadzeniem do preambuły Karty w wersji niemieckojęzycznej zapisu o religijnym dziedzictwie, odbiegającego od brzmienia w innych językach mówiącego o dziedzictwie duchowym. (shrink)

Zasadniczym przedmiotem analiz tego opracowania jest pojęcie godności w Karcie praw podstawowych Unii Europejskiej z 7 grudnia 2000 r. Interpretacja Karty prowadzona jest z uwzględnieniem postanowień Traktatu z Lizbony z 13 grudnia 2007 r., który podniósł Kartę do rangi prawa traktatowego. Uwyraźnienie treści pojęcia godności w Karcie dokonywane jest przez pryzmat paradygmatu rozumienia godności utrwalonego już w prawie międzynarodowym praw człowieka na poziomie uniwersalnym, czyli prawa kształtowanego i funkcjonującego w ramach Organizacji Narodów Zjednoczonych. Paradygmat uniwersalny, w którego centrum znajduje się (...) uznanie godności za przyrodzoną (inherent – „nieoddzielalną), powszechną, równą i za źródło wszystkich praw człowieka, był dotąd w systemach prawnych powszechnie akceptowany. Obejmował on elementy prawnonaturalne, które po doświadczeniach z dwudziestowiecznymi systemami totalitarnymi i systemami – mówiąc słowami Gustawa Radbrucha – „ustawowego bezprawia”, uważane były za pożądane, nie tylko w prawie międzynarodowym. Przy bliższym przyjrzeniu się najważniejszym postanowieniom prawa europejskiego dotyczącym godności i podstaw praw człowieka okazuje się, że paradygmat uniwersalny został radykalnie zakwestionowany – w miejsce ugruntowania praw człowieka w czymś obiektywnym, przyjęto ich ugruntowanie w kulturze. (shrink)

Most Americans and many residents of other democratic countries hold public schools to the social and political goal of preparing children to be good citizens. This goal is being challenged by some new forms of schooling promoted through popular education reform movements, especially in the US. This article reveals potentially insurmountable conflicts between the beliefs and practices of one of those forms of schools, for-profit charter schools, and their public task of educating for citizenship. This study begins by exploring (...) the public nature and purposes of public schools, especially their role in creating particular types of citizens. This understanding of public schooling and good citizenship, then, becomes the theoretical lens for analysing the practices of for-profit charter schools. A critical discourse analysis was conducted of school materials such as websites, curricula, investor relation materials, proposals for new charter schools, and interviews with charter school founders. That analysis was used to indicate aspects of support for and incompatibility with quality citizenship education and to assess the overall likelihood that for-profit schools can educate citizens well. (shrink)

The ecological crisis almost forces different disciplines to search together for a better world. We all share one earth: the closer we reach a certain point, the closer we come together. This places the paper amid the so-called science and religion dialogue in which theology increasingly cognises empirical research and scientific data. On the other hand, sciences are becoming increasingly aware of the need to transcend their evidential limitations to find a comprehensive paradigm. This paper will apply an exemplary methodology (...) by selecting the eco-theology of Jürgen Moltmann as a theologian who takes relevant results of scientific ecological research seriously. The Club of Rome, on the other hand, is an example of social (and natural) sciences urging to find a new inclusive paradigm for a world in peril. The juxtaposition of theology and science provides the need for a new value system emerging in social sciences. Randers makes clear that the culture of consumerism had to be replaced by cultural elements that provide substantial longer-term satisfaction and increase well-being. The latest report of the Club of Rome (2022) and Moltmann’s latest two titles on this topic (2019 and 2020) have been integrated into the argument and previous publications of the author. Contribution: This exemplary approach contributes to a scientifically grounded and biblically founded eco-theology. The two exponents of science and eco-theology provide the much-needed vocabulary for each other. The Earth Charter, one could add, provides a grammar for the engagement of eco-theology and environmental science. (shrink)

Neoliberalism is an approach to social policy, now globally influential, that applies market approaches to all aspects of social life, including education. Charter schools, privately operated but publicly funded, are its most prominent manifestation in the U.S. The neoliberal principles of competition, consumerism, and choice cannot serve as foundations of a sound and equitable public education system. Neoliberalism embraces socio-economic inequality overall and in doing so constricts any justice mission its adherents espouse in virtue of serving a relatively disadvantaged (...) student population, as charter schools often (by no means always) do. It constricts educational justice by (1) embracing a “human capital” approach as the primary good of education, (2) creating educational inequality through (unofficially) selecting a relatively advantaged segment of the disadvantaged demographic it serves, (3) denying the effect of poverty on educational performance, and (4) devaluing its students’ familial ethnic cultures. (shrink)

This essay claims that ‘access to justice’ has erroneously been assumed to be synonymous with invisible concepts instead of access to a lawyer’s language. The Paper outlines how a language concerns the relation between signifiers, better known as word-images, on the one hand, with signfieds, better known as concepts, on the other. The signifieds are universal, artificial and empty in content. Taking the Canadian Charter of Rights and Freedoms as an example, officials have assumed that Charter knowledge has (...) involved signifieds (such as rules, principles, doctrines and tests) as if the signifiers were transparent. But any one signifier differs from another signifier without the lawyer ever accessing the invisible signifieds. Ironically, although the lawyer, law professor or law student believes that s/he is studying legal ‘practice’ and although legal knowledge has been considered a matter of signified concepts, the knowledge has really concerned the differentiating relations of signifiers. As a consequence, the moment of accessing the concepts (signifieds) has been forever deferred. ‘Access to justice’ has become access to the special language of signifiers, a language which lawyers alone are privileged to enforce. Turning to the Charter, lawyers claiming to know the special Charter language became indispensable to social life. Even the meaning-constituting human subject became a signifier, better known as ‘the legal person’ defined by Charter rights. Charter language, however, has deferred an access to the invisible concepts such as ‘freedom’ or ‘democracy’, terms in Section of the text. Access to justice’ has become access to the language of the privileged class of lawyers. The lawyer’s language has become a theoretical language in the name of access to justice. And yet, because the theoretical language has been propagated as concerned with ‘practice’, it has been difficult to challenge the social-cultural content of the language of lawyers. (shrink)

The Preamble to the Charter of Rights and Freedoms claims "Canada is grounded upon principles that recognize the supremacy of God." This claim is hopelessly confused and it has no place in our constitution. This is true, moreover, whether you are a Christian, a Jew, a Muslim, a Pantheist, an atheist, or someone who has never given one moment's thought to "the supremacy of God" -- much less "recognized" it.

Art can be addressed, not just to individuals, but to groups. Art can even be part of how groups think to themselves – how they keep a grip on their values over time. I focus on monuments as a case study. Monuments, I claim, can function as a commitment to a group value, for the sake of long-term action guidance. Art can function here where charters and mission statements cannot, precisely because of art’s powers to capture subtlety and emotion. In (...) particular, art can serve as the vessel for group emotions, by making emotional content sufficiently public so as to be the object of a group commitment. Art enables groups to guide themselves with values too subtle to be codified. (shrink)

Why and how do norms emerge? Which norms emerge and why these ones in particular? Such questions belong to the ‘problem of the emergence of norms’, which consists of an inquiry into the production of norms in social collectives. I address this question through the ethnographic study of the emergence of ‘norms against violence’ in the political collective Occupy Geneva. I do this, first, empirically, with the analysis of my field observations; and, second, theoretically, by discussing my findings. In consequence (...) of two episodes categorized as sexual assaults that occurred in their camp, the members of Occupy Geneva decided to tackle those issues in a general assembly. Their goal was to amend their first charter of good conduct in order to reform its norms and complete it with norms aiming to regulate ‘facts’ of ‘unjustified violence’. During a collective deliberation, new norms were devised, debated and consensually adopted. The writing of the new charter took place in a second general assembly during which the wording of the written norms was collectively decided. I show that indignation over the sexual assaults was the main motive that led to the collective deliberation, and that the entire process of the making of these norms was characterized by different collective emotions. Indeed, indignation, contempt and fear played major roles in the emergence of norms prohibiting violence, allowing punishment and exclusion of wrongdoers, and prescribing collective intervention against an aggressor to neutralize the threat represented. These findings prompt me to hypothesize that social norms emerge from emotions thanks to the latters’ internal structure; and that emotions provide causal and grounding explanations for this emergence. Thus, emotions allow us to answer the questions: ‘Why do norms emerge?’ and ‘Why do they have their specific forms?’ In short, I argue that social norms have emotional foundations. (shrink)

Comparative religion scholar Thomas Berry’s influential concept of “Earth jurisprudence” has been helpfully elaborated in three principal books. My first section identifies four of their common themes, deriving therefrom an implicit narrative: (1) the basis of ecology is autopoiesis, which (2) originally generated human communities and Indigenous vernacular laws, which were (3) later reasserted by forest defenders who fought to create the Magna Carta’s “Charter of the Forest,” which is (4) now championed globally by the Indian physicist and eco-activist (...) Vandana Shiva’s Earth Democracy movement. My next three sections identify mutually exclusive elements of the three books, deriving the following alternative narrative: self-conscious new dancing rituals (Cullinan) could empower an historically informed reconstruction of private property (Burdon) via commons-based vernacular law (Weston and Bollier). And my conclusion offers one template for such a strategy, namely a new environmental variation on my dancing-poetic conception of legal justice, christened “emerald star-law.”. (shrink)

This work offers an analysis of all the legal and moral issues surrounding humanitarian intervention: the deaths of innocent persons and the Doctrine of Double Effect Governmental legitimacy - The Doctrine of Effective Political Control; UN Charter and evaluation of the Nicaragua ruling; The Morality of not intervening; US-led invasion of Iraq; Humanitarian intervention authorised by the UN Security Council - Iraq, Somalia, Haiti, Rwanda, and Bosnia among others highlight NATO's intervention in Kosovo; The Nicaragua Decision; and The precedents (...) of Panama, Liberia and Sierra Leone. The book's features include: a new framework based on the doctrine of double effect; basic principles of international ethics; outline of the moral argument for humanitarian intervention; explores the morality and legality of military action to end tyranny or anarchy; arguments in a much more detailed and complete fashion than in previous editions; in-depth examination of philosophy of international law; the relationship between custom and moral theory; new discussion of the question of right authority; and a full analysis of recent interventions in Kosovo and Iraq. book addresses a broad interdisciplinary audience of international lawyers, philosophers, and political scientists. In this new edition, the author responds to critics while updating the discussion in the light of the momentous events that took place at the beginning of the new millennium. (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)

After nearly 76 years following the UN Charter, the dominant feature of the multilateral international order has shifted from a focus on states’ sovereignty to the rights of the individual. It is now widely accepted that human rights are not the province of any one state’s domestic affairs, but of importance to the entire international community. The UN Security Council sits atop the supra-state order, and holds the ultimate authority to initiate consensus-based, collective action so as to limit or (...) prevent gross human rights violations. Yet, many times the Security Council is slow to act, and consensus is exceedingly rare. This begs the question: in the face of gross human rights violations and Security Council inaction, is unilateral humanitarian intervention justified? The present state of international law on the matter is unsettled and controversial to many. What follows is a discussion on the development of international law relating to unilateral humanitarian intervention, the permissibility of intervention for gross human rights violations, and justification for intervention under existing international law. I conclude that under the present multilateral regime, unilateral humanitarian intervention is legally justified, despite fears that the principle may be invoked for the purposes of cloaking acts of aggression. (shrink)

There is a fault line running through classical liberalism as to whether or not democratic self-governance is a necessary part of a liberal social order. The democratic and non-democratic strains of classical liberalism are both present today—particularly in America. Many contemporary libertarians and neo-Austrian economists represent the non-democratic strain in their promotion of non-democratic sovereign city-states (startup cities or charter cities). We will take the late James M. Buchanan as a representative of the democratic strain of classical liberalism. Since (...) the fundamental norm of classical liberalism is consent, we must start with the intellectual history of the voluntary slavery contract, the coverture marriage contract, and the voluntary non-democratic constitution (or pactum subjectionis). Next we recover the theory of inalienable rights that descends from the Reformation doctrine of the inalienability of conscience through the Enlightenment (e.g., Spinoza and Hutcheson) in the abolitionist and democratic movements. Consent-based governments divide into those based on the subjects' alienation of power to a sovereign and those based on the citizens' delegation of power to representatives. Inalienable rights theory rules out that alienation in favor of delegation, so the citizens remain the ultimate principals and the form of government is democratic. Thus the argument concludes in agreement with Buchanan that the classical liberal endorsement of sovereign individuals acting in the marketplace generalizes to the joint action of individuals as the principals in their own organizations. (shrink)

The aim of this paper is to discuss the “Austro-American” logical empiricism proposed by physicist and philosopher Philipp Frank, particularly his interpretation of Carnap’s Aufbau, which he considered the charter of logical empiricism as a scientific world conception. According to Frank, the Aufbau was to be read as an integration of the ideas of Mach and Poincaré, leading eventually to a pragmatism quite similar to that of the American pragmatist William James. Relying on this peculiar interpretation, Frank intended to (...) bring about a rapprochement between the logical empiricism of the Vienna Circle in exile and American pragmatism. In the course of this project, in the last years of his career, Frank outlined a comprehensive, socially engaged philosophy of science that could serve as a “link between science and philosophy”. (shrink)

Corporations are increasingly asked to specify a ‘purpose.’ Instead of focusing on profits, a company should adopt a substantive purpose for the good of society. This chapter analyses, historicises, and radicalises this call for purpose. It schematises the history of the corporation into two main purpose/power regimes, each combining a way of thinking about corporate purpose with specific institutions to hold corporate power to account. Under the special charter regime of the seventeenth to mid-nineteenth centuries, governments chartered companies to (...) pursue specific public purposes. Under criticism for corruption and lack of competition, the special charter regime gave way to the contemporary general incorporation regime, under which no particular purposes are demanded of corporations, and profit-seeking has become the norm. This regime has now come under criticism, with calls for a new social purpose regime. The analysis of these three regimes focuses on politicisation. The chapter argues that orienting companies to substantive social purposes requires politicising the business corporation, creating meaningful accountability mechanisms to align companies with the goals of the public. The purpose paradigm must overcome its political timorousness and be more institutionally radical. The difficulty is doing this without unacceptable corruption and inefficiency. A form of ‘proper politicisation’ is needed. At the end of the chapter, some directions for reform are discussed, which may deliver on that desideratum. (shrink)

Suppose that state A attacks state D without warrant. The ensuing military conflict threatens international peace and security. State D (I assume) has a justification for defending itself by means of military force. Do third parties have a justification for intervening in that conflict by such means? To international public lawyers, the well-rehearsed and obvious answer is “yes.” Threats to international peace and security provide one of two exceptions to the legal and moral prohibition (as set out in Article 2[4] (...) of the UN Charter) on using force as a means for resolving interstate disputes. Just war theorists are not as verdictive. Compared to the ethics of humanitarian intervention and the ethics of national self-defense, the ethics of third-party military involvement in interstate conflicts remains underdeveloped in contemporary just war theory. This essay begins to fill that gap. I argue that to defend such interventions is tantamount to defending preventive military force, deterrent military force, and the resort to force in more cases than standardly thought. I then provide an account and limited defense of the deterrence argument. I show that deterrence is morally justified in relatively few cases and examine two problems with the argument: deterrence failures and the level of uncertainty under which leaders who use deterrent force operate. I conclude that we should take seriously the possibility that nonintervention, construed as the rejection of the direct use of military force, is the morally correct response to the most serious threats to international peace and security. (shrink)

This study investigates transnational relations and global challenges which the European Industrial Relations have been facing recently. The paper, methodologically, was structured with taking into account both socio- political and judicial arguments. The social theory, and ergo, the practice in Europe were analyzed according to Marxist point of view. Basically, industrial relations and employment relationship were examined from the perspectives of employees, employee representatives and nation-states. The influence of the Charter of Fundamental Rights which is legally binding with the (...) Lisbon Treaty (TFEU) was examined. Likewise, the effectiveness of the acquis communautaire within the EU was argued with respect to the European Social Model; such as, social dialogue, tripartite and bipartite information exchange and consultation, collective bargaining and legal provisions regarding employment conditions and social protection. The importance of Europeanisation and convergence of national industrial relations was illustrated. (shrink)

The law confers rights on non-human entities, namely nature, machines (AI), and animals. While doing so, the law is either viewed as progressive or sometimes as abstract and ambiguous. Despite the critique, it is undeniable that many of the rights of non-humans have come to solidify in statutory and constitutional rules of different systems. In the context of these developments, the article sheds light on the core justifications for advancing the rights of non-human entities. In addition, it discusses the conditions (...) for the emergence of these rights and the non-binding normative statements adopted by different stakeholders for advocacy. These include the Charter on the Law of the Living (2021), the Toulon Declaration (2019), and the Vienna Manifesto on Digital Humanism (2019), etc. The paper also discusses the relevant theoretical frames, namely post-humanism, digital humanism, and multi-species justice, followed by selective critical views on the subject. (shrink)

The Olympic Games are a sporting event guided by philosophy. The modern Olympic Charter calls this philosophy “Olympism” and boldly states its goal as nothing less than “the harmonious development of humankind” and the promotion of “a peaceful society concerned with the preservation of human dignity.” The ideas and ideals behind Olympism, however, are ancient—tracing their roots to archaic and classical Greece, just like the Games do. This collection of essays explores the ancient Hellenic roots of Olympic philosophy and (...) explain their application to modern sport. It examines the philosophical heritage of the Games, the ethics implied by Olympic values of sport, the educational goals of sport, the relations between justice and fair play, the political ideals of peace and world community, and modern challenge of multiculturalism as expressed in the philosophical contrasts between East and West. To understand the beauty, challenges, politics, and potential of the Olympic Games, we must first understand Olympic philosophy. (shrink)

The article analyzes the legislative issues on equal marriage in P. R. China. It adopts a path dependency analysis on the liberal institutional order’s effects to the regime’s structural discrimination on the lesbian, gay, bisexual, and transgender (LGBT) population. The research adopted a duo-lingual paradigm on Christianity with intercultural and transnational interpretations, and the research found the mis-adaption of language in the Chinese text of the United Nations charter is the key source to the suppression of the LGBT population (...) in mainland China. Furthermore, theological development for sexually diverse interpretations of the Bible is essential to mitigate the stigmatization of the LGBT population on a comparative constitutional review. (shrink)

The International Criminal Court was established by the Rome Statue in 1998, and began operating in 2002, to the widespread applause in the international community. Under the post‐UN Charter multilateral system, the ICC’s formation was a welcomed extension of the UN Security Council’s reach, as part of the new supra‐state legal order whereby consenting states hold certain criminal acts arising to a scale of severity—crimes of scale—unacceptable by all. Yet, in its near 19‐year history, it remains unclear whether the (...) ICC is effective. This lack of clarity is in part attributable to divergent and elusive approaches to defining and measuring effectiveness, and the strong views by ICC proponents and detractors who find dispositive evidence for held views through myriad means. What follows is a discussion of different ways ICC effectiveness is defined and measured, the existing conflicting evidence on its effectiveness, and additional considerations required to form a conclusive opinion. I conclude that the most telling measure of ICC effectiveness is its ability to deter crimes of scale, and that on that measure, the ICC is thus far ineffective. (shrink)

The structure "home - world - ideals" is presented as the structure of "philosophical striving" (F. Marković). It could be formally described as a model consisting of a domain, relations and a valuation. On that basis, the identity, openness, and the significance of Croatian philosophy is investigated. The programme of the renewal of Croatian philosophy (as proposed 1882 by Franjo Marković) is re-examined, and some unsolved historical-cultural discontinuities within the programme are described. The written beginnings of Croatian philosophical thought are (...) detected in the Charter of Duke Trpimir (852). (shrink)

This essay is my review of Bob Bowden’s excellent documentary The Cartel. It is a powerful indictment of public schools and public school teachers’ unions. In a crucial part of the film, we see minority parents at a charter school lottery. Charter schools, like voucher private schools, give parents school choice—although charter schools are public schools technically, but run fairly independently. They are so popular, and the school districts allow so few of them, that parents must apply (...) by lottery for the few slots. The looks of grief on the faces of the parents who lose the lottery—and hence must keep their children in failing public schools—is telling. It is ironic that the nation most admired by American progressives—Sweden—completely voucharized its entire K-12 school system thirty years ago. (shrink)

Natural rights play a fundamental role in the political, legal, and economic system of John Locke. Many of his views are based on natural rights. Although Locke is not the first scholar to discuss natural rights, and before him, other thinkers have theorized about it in different eras and intellectual traditions, it must be claimed that Locke is a modern natural rights theorist and has presented a novel interpretation of this theory. Locke's natural rights are based on equality and individual (...) independence. Freedom, life, and property are the three basic pillars of Locke's theory. However, many international charters that defend human rights also in some way protect personal freedom, life, and property of individuals around the world. One of the international agreements is the Convention on the Rights of the Child in the United Nations, which defends the freedom and security of children worldwide and guarantees their basic rights. In this convention, natural rights patterns, especially those of Locke, can be seen, and he is also considered the spiritual father of human rights and one of the sources of modern human rights, the foundations of natural rights. Therefore, the main purpose of this paper is to examine the foundations of natural rights in the Convention on the Rights of the Child and compare them with the foundations of John Locke. (shrink)

Despite the plethora of freedom of religion literature (under section 2(a) of the Canadian Charter of Rights and Freedoms), the corresponding literature on the freedom of conscience is minimal. To further the discussion on the freedom of conscience, I rely heavily on the philosophical literature to make an important distinction; the difference between individual- based and communal-based conceptions of conscience. Whereas the former is plagued with subjectivity, making it difficult to conceptualize a working framework for the Charter right, (...) the latter offers a promising foothold to rise above subjectivity and find a firm footing based on communal relations. In emphasizing the importance of the dialogical nature of human beings and the relational necessity undergirding moral judgements, I argue that the concept of conscience should be understood and practiced in community, rather than individually. (shrink)

Abstract: This article mainly intends to identify barriers that cause the under-representation of women in top leadership positions in higher education in Tanzania. The study comprises the sample of 250 respondents with the use of a case study research design constructed on the application of mixed methods (qualitative and quantitative). Thus, non-probability sampling was applied to qualitative data collection while probability sampling was used in quantitative data. The findings show the fundamental relationship between individual, administrative and societal factors that block (...) women to reach the top leadership position in universities. Besides, the study has demonstrated the gender mainstreaming as the system which can be connected to adjust the hierarchical structures, methods and culture and bring the positive condition which advance gender equality. Nevertheless, as the well-known saying "Fix the holes in the pipe" goes, the variety of actions and activities are needed. Thus, in accordance with the proof from the study and individual encounters, the researcher, marked on Focused Gender Research, Capacity Development Programs, Parliamentary Charter, Setting Targets as well as Regular Monitoring and Reporting as interventions sustainable for bridging the prevailing gender leadership gap in higher education in Tanzania. (shrink)

Disputes over land are the major source of conflict between Aboriginal and non-Aboriginal peoples around the globe. According to the Royal Commission on Aboriginal Peoples in Canada, land claims do not simply have to do with economic settlements. They also involve, in a critical sense, respect and recognition for cultural differences regarding culturally distinct self-understandings of land. The Commissioners argue that these disputes will never be wholly resolved unless dialogue and negotiations are "guided by one of the fundamental insights from (...) our hearings: that is, to Aboriginal peoples, land is not just a commodity; it is an inextricable part of Aboriginal identity, deeply rooted in moral and spiritual values" (1996, 430). I would contend that human rights and global justice require that, as the United Nations Charter asserts, formerly colonized peoples have a legitimate claim to pursue their social, economic and cultural interests within the boundaries of a peoples' right to self- determination. I examine a spectrum of dominant liberal theories of justice regarding cultural membership and its relationship to politics with respect to Indigenous demands for self-determination. Specifically, my purpose is to explore which position is best able to accommodate the key aspect of this demand: that they have the power to organize themselves according to their traditional views of the land and that, importantly, they have the power to promote such self-understandings in their social, legal, and political institutions. I demonstrate the manner in which many such liberal theories continue to perpetuate (at times, unwittingly) a neo-colonial agenda in which Indigenous claims would be recognized by a liberal state the degree that Indigenous tribes assimilate to European cultural self-understandings. (shrink)

From year to year some of us, people of planet Earth, Earthlings, attacks intensify on the veto right in the UN Security Council. They consciously or unconsciously ignore its metaphisical, ontological and existential statuses established in 1945 by the founders of the United Nations as a result of the multimillion sacrificial struggle of all Humanity against nazism. Perhaps this is due to a misunderstanding of the metaphysics of international relations, the enduring existential significance of the veto for the viability of (...) the entire UN system in the nuclear-ecological information era, or because of the veiled, formal-procedural veto status enshrined in the UN Charter. The authors of the attacks substantiate their conclusions by the "non-democracy", "ineffectiveness" of the UN Security Council, "unfair privileges" of the five permanent members of the Security Council ("P1945"), a significant increase in the number of UN member states after 1945, the fate of the League of Nations, "geopolitical realities". According to the attackers, the veto in the UN Security Council makes the decision-making process "unequal and abortive", which does not contribute to maintaining peace and preventing civil wars, genocide, violation of human rights and aggression in international relations. Some politicians and experts propose not only to limit the veto right of the five permanent members of the UN Security Council, but to completely deprive them of this right, which, as we know, are nuclear powers and bear the main responsibility for international security, the preservation of peace and life itself on planet Earth. Taking into account 75-years experience in the use of the veto right in the UN Security Council, with the aim of strengthening the historical, metaphysical, existential and procedural-legal significance of the veto right, its fundamental role in resolving the most complex international problems in the context of the constantly increasing threats and risks of our times during the reform of the UN Security Council with the increased number of members of the Security Council, the UN Charter must establish two essential levels of the veto right: 1. Absolute (unconditional, eternal) veto — "VETO1945": 2. Conditional (limited) veto. (shrink)

A multilevel consultative approach to governmental decision-making is increasingly being adopted in the European Union. On the back of this shift, it is prudent to consider the use of such consultative approaches in reforming digital copyright law. The adoption of a multilevel consultative approach has the potential to significantly benefit European Member States and increase political integration in Europe. Such an approach can address the complex dispersion of power amongst different levels of public institutions in the European Union and support (...) effective decision-making. The 2014 Charter for Multilevel Governance (‘Charter’) established a sophisticated governance framework to enhance operational and institutional cooperation and decision-making mechanisms among European Member States. Subsequently, the Charter and the concept of multilevel consultation formed an important facet of the European Union’s review of copyright regulation. The objective of this article is to evaluate the merits of a multilevel consultative approach by analysing its use in the European Union digital copyright law review process. (shrink)

To demonstrate their appreciation for the inevitability of choice on the educational landscape, the authors acknowledge: the moral and legal right of parents to choose an education they think ‘best’ for their own child; the necessity of plural educational provision in a liberal democratic society; the legitimate concerns many parents have about the quality of education on offer; and even the (not occasional) success of copious educational alternatives, which may or may not foster innovation. So far so good. But a (...) number of difficulties quickly come into view. (shrink)