With the publication of A Theory of Justice in 1971, John Rawls not only rejuvenated contemporary political philosophy but also defended a Kantian form of Enlightenment liberalism called “justice as fairness.” Enlightenment liberalism stresses the development and exercise of our capacity for autonomy, while Reformation liberalism emphasizes diversity and the toleration that encourages it. These two strands of liberalism are often mutually supporting, but they conflict in a surprising number of cases, whether over the accommodation of group difference, the design (...) of civic education, or the promotion of liberal values internationally. During the 1980’s, however, Rawls began to jettison key Kantian characteristics of his theory, a process culminating in the 1993 release of Political Liberalism and completing the transformation of justice as fairness into a Reformation liberalism. -/- Reconstructing Rawls argues that this transformation was a tragic mistake because it jeopardized the most important features of his theory, viz. the lexical priorities of right, liberty, and fair equality of opportunity as well as the difference principle. Controversially, this book contends that Rawls’s so-called “political turn,” motivated by a newfound interest in diversity and the accommodation of difference, has been unhealthy for autonomy-based liberalism and has pushed liberalism more broadly towards cultural relativism, be it in the guise of liberal multiculturalism or critiques of cosmopolitan distributive-justice theories. The book then demonstrates that the central elements of justice as fairness can only be defended within the context of a Kantian Enlightenment liberalism and that Rawls’s hope for a more pluralistic grounding for his theory, endorsed by a wide variety of belief systems present in modern democratic societies, is illusory. -/- Reconstructing Rawls is the first book to systematically compare Rawls’s and Kant’s theories and the first to offer an internal critique and reconstruction of justice as fairness, reconceiving it as a comprehensive, universalistic Kantian liberalism. By doing so, it gives us both the vision of a liberal world order—“a republicanism of all states, together and separately,” as Kant put it—and a mode of justification addressed to all men and women, not as members of particular nations, races, and faiths, but as human beings, as citizens of the world. In short, it reclaims Rawls for the Enlightenment. (shrink)

In her 2004 book Carol Gould addresses the fundamental issue of democratizing globalization, that is to say of finding ways to open transnational institutions and communities to democratic participation by those widely affected by their decisions. The book develops a framework for expanding participation in crossborder decisions, arguing for a broader understanding of human rights and introducing a new role for the ideas of care and solidarity at a distance. Reinterpreting the idea of universality to accommodate a multiplicity (...) of cultural perspectives, the author takes up a number of applied issues, including the persistence of racism, cultural rights, women's human rights, the democratic management of firms, the use of the Internet to enhance political participation, and the importance of empathy and genuine democracy in understanding terrorism and responding to it. Accessibly written with a minimum of technical jargon this is a major contribution to political philosophy. (shrink)

What grounds human rights? How do we determine that something is a genuine human right? This chapter offers a new answer: human beings have human rights to the fundamental conditions for pursuing a good life. The fundamental conditions for pursuing a good life are certain goods, capacities, and options that human beings qua human beings need whatever else they qua individuals might need in order to pursue a characteristically good human life. (...) This chapter explains how this Fundamental Conditions Approach is better than James Griffin’s Agency Approach as well as Martha Nussbaum’s Central Capabilities Approach. It also shows how it can be compatible with the increasingly popular Political Conceptions of human rights defended by John Rawls, Charles Beitz, and Joseph Raz. (shrink)

It is often said that human rights are the rights that people possess simply in virtue of being human – that is, in virtue of their intrinsic, dignity-defining common humanity. Yet, on closer inspection the human rights landscape doesn’t look so even. Once we bring perpetrators of human rights abuse and their victims into the picture, attributions of humanity to persons become unstable. In this essay, I trace the ways in which (...) class='Hi'>rights discourse ascribes variable humanity to certain categories of people. I set the stage for my discussion of the human in relation to human rights by examining John Locke’s account of the justification for punishment. For Locke, in committing a crime one abrogates one’s humanity and forfeits one’s rights. Likewise, I argue, human rights discourse takes a scalar view of humanity. I consider victims of genocide who are dehumanized as helpless and passive, victims of state persecution who are super-humanized as righteously agentic, and perpetrators of genocide who are dehumanized as out-of-control beasts. In each case I use relevant testimony to argue that the scalar view of humanity is factually incorrect and morally deplorable. For genocide victims, I discuss testimony that Selma Leydesdorff gathered from women who survived the Srebrenica massacre. For a victim of persecution, I discuss Liao Yiwu’s memoire of his detention and imprisonment in China because of his artwork protesting the Tiananmen Square massacre. For perpetrators of genocide, I discuss testimony Jean Hatzfeld gathered from Hutu men who systematically murdered Tutsis in the Rwandan genocide. Finally, I apply my critique of dehumanized and super-humanized victims and dehumanized perpetrators to the problem of transnational trafficking in persons and argue that the view I advocate necessitates reforming immigration policy with respect to persons trafficked into forced labor. (shrink)

Backlashing is a perennial challenge for human rights. Its manifestation in various forms including the repudiation of human rights standards or resistance to being evaluated by them has made the phenomena central to the discourses on human rights. The backlash or reversal of progress, a strong negative reaction, and counter reactions have been witnessed in various settings across the world. An analysis of the phenomena what can be called the backlash analysis is done in (...) light of specific rights like LGBT rights, women’s sexual and reproductive freedom, rights of immigrants and ethnic and religious minorities. The analysis also covers the behaviour of institutions and movements. The backlashers have been identified as state institutions, a group of states, movements and non-state actors. With growing attention on the subject, it is of great value to ascertain whether there a way to comprehensively understand it? (shrink)

There is wide agreement that children have human rights, and that their human rights differ from those of adults. What explains this difference which is, at least at first glance, puzzling, given that human rights are meant to be universal? The puzzle can be dispelled by identifying what unites children’s and adults’ rights as human rights. Here I seek to answer the question of children’s human rights – that is, (...) rights they have merely in virtue of being human and of being children – by exploring how children’s interests are different from adults’, and how respect for children’s and adults’ moral status yields different practical requirements. If human rights protect interests, then children have many, but not all, of the human rights of adults, and, in addition, have some human rights that adults lack. I discuss the way in which children’s human rights, as I conceive of them here are, or fail to be, reflected in the law; as an illustration, I use the most important legal document listing children’s rights, namely the 1990 United Nations Convention on the Rights of the Child. (shrink)

This Study has covered Post Graduate Students of four University of Gujarat State including Sardar Patel University, M. S. University, Gujarat University and DDIT University. The data collected from 400 P G Students 100 students from each university for the study under the research design of descriptive cum exploratory in nature. The Questionnaire is used for this research consists of 50 Questions. As a Consideration of that the youth or students are the future for any nation so level of understanding (...) of youth about human rights is very important to know. If human rights knowledge is not up to mark among youth or students, it's a serious issue for the youth and nation as well. As a Social Worker, to maintain equality, non discrimination, protection and development is a mission. So, Human Rights is a one of the best weapon to all social worker to achieve main goals as mentioned before. Mehul Rabari | Dr. S. D. Mishra "Youth and Human Rights - A Research Study among University Student" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-1 | Issue-1 , December 2016, . (shrink)

Homi Bhabha brings attention to the figure of the postcolonial metropolitan subject—a third world subject who resides in the first world. Bhabha describes the experiences of the “colonial” subject as ambivalently split. As much as his work is insightful, Bhabha's descriptions of the daily life of postcolonial metropolitan subjects as split and doubled is problematic. His analysis lends only to the possibility of these splittings/doublings as schizophrenically wholly arising. His analysis cannot account for the agonistic moments when the colonial subject (...) is caught in not knowing, and in developing understanding about present circumstances. A framework with an account of context and horizons, such as in phenomenology, can better depict the experiences of the postcolonial metropolitan subject. Maurice Merleau-Ponty follows a gestaltian contact with the world, which advances that the “most basic unit of experience is that of figure-on-a-background.” One perceives the figure/theme because of and within the background/horizon. In this horizonal framework, human experiences are ambiguously open. The openness in the horizon of the gestaltian framework better accounts for the conditions Bhabha refers to as splitting. The ambivalence can be understood not simply as conundrums that defy understanding but as ambiguous moments for expanding, developing, and growing. (shrink)

This paper argues that Immanuel Kant’s practical philosophy contains a coherent, albeit implicit, defense of the legitimacy of capital punishment, one that refutes the most important objections leveled against it. I first show that Kant is consistent in his application of the ius talionis. I then explain how Kant can respond to the claim that death penalty violates the inviolable right to life. To address the most significant objection – the claim that execution violates human dignity – I argue (...) that motives of honor, as Kant conceives it, require a rational person to will her own execution, were she to commit murder. (shrink)

The conceptualizations of meanings of existence started with the ontological or metaphysical debates in philosophy. Then at the peak of modern times, the school of existentialism dealt with the issue of human existence particularly by citing individual freedom. In all these series of philosophizing, the human being was considered as a singular type entity who thinks and acts in the same way. So, the historical development of philosophical thinking has not brought enough solutions, with regard to the existential (...) issues of human females and other genders. It is through the end of the modern period only, the identities of caste, class, religion, region, ethnicity, gender etc. were taken into serious scrutiny to see the intersectional issues while conceptualizing the ontic status of humans. This article is a look at these aspects of philosophizing in general, and in particular, it analyses the issues of gendered experiences of human beings in cultures. This will lead to examining the meanings of existence for women as a category with reference to the modern writings of Simone de Beauvoir. The possible existence of many genders and the issues in conceiving an essentialist category called woman or man, are being scrutinized in this article through the postmodern writings of Judith Butler. To analyze the experience of genders, this study draws references from various feminist philosophers and concentrates on the existentialist phenomenological writings of Simone de Beauvoir and the deontological phenomenology of Judith Butler. (shrink)

In the past decade UNESCO has pursued a leadership role in the articulation of general principles for bioethics, as well as an extensive campaign to promulgate these principles globally.1 Since UNESCO's General Conference adopted the Universal Declaration on Bioethics and Human Rights in 2005, UNESCO's Bioethics Section has worked with member states to develop a "bioethics infrastructure." UNESCO also provides an "Ethics Teacher Training Course" to member states and disseminates a "core curriculum," primarily targeting medical students. The core (...) curriculum orients itself by the Universal Declaration on Bioethics and Human Rights and aims to articulate a set of "bioethical principles" that provide a "common global . (shrink)

Sweden features near the top of most gender-equality rankings. The World Economic Forum rates it as having one of the narrowest gender gaps in the world. But Sweden is not only a good place to be a woman: it also appears to be an idyll for new dads. Close to 90% of Swedish fathers take paternity leave. In 2013, some 340,000 dads took a total of 12 million days’ leave, equivalent to about seven weeks each. Women take even more leave (...) days to spend time with their children, but the gap is shrinking. Why do Swedish dads take so much time off work to raise their children? (shrink)

This book is an edited collection of original research papers on the digital revolution of the public and governance. It covers cyber governance in Finland, and the securitization of cyber security in Finland. It investigates the cases of Brexit, the 2016 US presidential election of Donald Trump, the 2017 presidential election of Volodymyr Zelensky, and Brexit. It examines the environmental concerns of climate change and greenwashing, and the impact of digital communication giving rise to the #MeToo and Incel movements. It (...) considers how digitilization can serve to emancipate women through ride-sharing, and how it leads to the question of robot rights. It considers fake news and algorithmic governance with respect to case studies of the Chinese social credit system, the US FICO credit score, along with Facebook, Twitter, Cambridge Analytica and the European effort to regulate and protect data usage. (shrink)

Abstract. In this article we developed scientific and applied foundations of commercialization of the nature-resource potential of anthropogenic objects, on the example of exhausted mines. It is determined that the category of “anthropogenic object” can be considered in a narrow-applied sense, as specific anthropogenic objects to ensure the target needs, and in a broad theoretical sense, meaning everything that is created and changed by human influence, that is the objects of both artificial and natural origin. It was determined that (...) problems of commercialization of the natural-resource potential of anthropogenic objects are most often considered by researchers for specific objects, without having complex methodological coverage from the point of view of combining environmental, technical, economic and managerial components. When studying the substantiation of the scientific base, the authors confirmed the feasibility of the commercialization of natural-resource potential of anthropogenic objects on the example of a number of theoretical scientific studies in reclamation, reconstruction, recreation, remediation, restoration of biological productivity and economic value of land disturbed by economic activity. The considered examples of exhausted mines in the 21st century in the USA, Canada, Germany, Romania, and Poland indicate a wide range of opportunities for their commercialization. The study of the potential for commercialization of exhausted mines in the post-Soviet countries testified to the underused reserves for the commercialization of their nature-resource potential and their high potential for further development. The authors proposed the identification of anthropogenic objects on the basic livelihood spheres of society. There were identified the main system (natural, biological, technical, economic, social, managerial) and structural (subjects, trends, threats, risks, problems, challenges) factors of diagnosing the state of an anthropogenic object. A set of measures has been developed for commercialization of an anthropogenic object in functional and production activities, product policy, financial and investment spheres, pricing and sales policies, promotion, management and determination of property rights. Recommendations were provided on optimizing the management decision-making process based on a set of positivistic development principles, methods, and management functions. The study allows international organizations, state and local authorities, territorial communities, owners and potential investors to see new opportunities and make mutually beneficial decisions on the rational use of the nature-resource potential of anthropogenic objects. (shrink)

My aim is to extend and complement the arguments that others have already made for the claim that women who are citizens of economically disadvantaged states and who have been trafficked into sex work in economically advantaged states should be considered candidates for asylum. Familiar arguments cite the sexual violence and forced labor that trafficked women are subjected to along with their well-founded fear of persecution if they’re repatriated. What hasn’t been considered is that reproductive rights are also at (...) stake. I explain how reproductive rights are implicated in sex trafficking. Moreover, I contend that sex traffickers’ abuse of women’s reproductive rights is persecutory and that that this persecutory abuse obliges destination states to offer asylum to transnational sex trafficking victims. I start by sketching reproductive human rights doctrine. I then examine studies of women who are in post-trafficking recovery programs in order to ascertain the impact of their past experience of forced sex work on their reproductive freedom and health. On the basis of these findings, I maintain that, among other outrages, sex trafficking systematically violates victims’ reproductive human rights. In view of this abuse, women trafficked into sex work might seem to be prime candidates for asylum in destination states. Yet, economically well-off destination states are not particularly receptive to this idea, and international law provides some justification for their chilliness. Preliminary to challenging them, I explicate four ways in which international anti-trafficking law and international refugee law interfere with viewing women trafficked into sex work as refugees and approving their applications for asylum. The second half of my paper aims to overcome those legal obstacles. In the interest of parsimony and because there are many continuities between U.S. refugee law and anti-trafficking law and the policies of similar destination states, I focus mainly on the U.S. in this part of the paper. To anchor my argument, I spotlight two precedents in refugee law for taking reproductive human rights seriously and several precedents for treating trafficked women as members of a distinct social group as required by refugee law. I then urge that a law enforcement gestalt has gained undue influence over U.S. legal practices where anti-trafficking law intersects with refugee protection law. A human rights gestalt is needed as a counterweight, for otherwise victims of sex trafficking and the reproductive abuse they’ve suffered are erased. Taking up a human rights perspective and mobilizing the precedents I’ve identified, I show that respecting the reproductive human rights of women who have been trafficked into sex work entails that affluent destination states must recognize their right to asylum. (shrink)

Legal awareness among women for their rights is an important issue these days. A girl child is least welcome although in India women were respected from the early ages. Even though there are growing instances of girls excelling in education, tradition, custom, and social practices place greater value on sons than on daughters, who are often viewed as an economic burden. This attitude of the society also stands in the way of the girl child being able to achieve her (...) full potential. A recent report on the girl child makes the following observations: “Girls are the world's most squandered gift. They are precious human beings with enormous potential, but across the world, they are generally the last to have their basic needs met and first to have their basic rights denied (NIOL, 2014). (shrink)

An Intelligent Tutoring System (ITS) is a computer system that offers an instant, adapted instruction and customized feedback to students without human teacher interference. Reciting "Tajweed" the Holy Quran in the appropriate way is very important for all Muslims and is obligatory in Islamic devotions such as prayers. In this paper, the researchers introduce an intelligent tutoring system for teaching Reciting "Tajweed". Our "Tajweed" tutoring system is limited to "Tafkhim and Tarqiq in TAJWEED" the Holy Quran, Rewaya: Hafs from (...) ‘Aasem. The system was evaluated by reciting teachers and students, and the results were auspicious. (shrink)

Ayalon Eidelstein’s Openness and Faith focuses on the centrality of the idea of openness, or open-mindedness, to the educational sphere. The first half presents the challenges in modern ‘divided-consciousness’ and its consequences of egoism, materialism, and hedonism on the one hand, and religious fanatism on the other. Eidelstein’s main audience is the Israeli secular public, to which he proposes an educational and philosophical middle-way rooted in sincere human and inter-human openness. This openness is inspired by the idea of (...) disinterestedness that Kant articulates in his Critique of Judgment. Eidelstein refers to additional authors, including Franz Rosenzweig and Emmanuel Levinas, to conceptualize the idea of open-mindedness. In the second half of the book, he engages classical American Pragmatism, specifically that of William James, in order to establish the possibility for, and the validity of, a humane open-mindedness. Pragmatism thus paves the way for accepting beliefs that may otherwise be excluded as superstitions and accords them a legitimate and productive role in the life of a modern individual. The difficulty, however, lies in Eidelstein’s employment of Kantian disinterestedness, for it is in fact seriously dissonant with the worthy pragmatic educational purposes that Eidelstein elaborates in the second half of his book. Pragmatism is opposed to disinterestedness in that it stresses the entanglement of fact and value, viewing interests as playing a necessary and productive part in moral motivation and action, while Kantian deontology eliminates consequentialism from the moral scope. While for pragmatists (for example John Dewey’s Democracy and Education) the human creature is holistically conceived, as made of flesh and blood and not only as ‘spirit’, Kant maintained the dualistic Cartesian tradition. This tension calls for a rigorous address. Since Eidelstein’s book is making an important claim about the place open-mindedness has within the Judaism, it must be noted that the disinterestedness of a presumed human ‘self’ is also not easily compatible with the dominant voices in normative Jewish tradition. The Bible does not deal to a large extent with the ‘self’ or with mental intentions, and its conception of the human is not categorically different in the Talmudic corpus. On the contrary, the rabbis frequently endorse pragmatic and ‘external’ reasons, as the motivational basis for action. The kind of purism associated with disinterestedness (as in Mishnah Avot 5:18-19) is barely represented in rabbinic thought. Openness and Faith: In Search of Cultural Education Here and Now is nevertheless an important contribution to the intellectual discourse over the individual and public virtues. In our ever-more segregated and fenced-off world, there is an urgency to delineating the virtue of openness, hoping that Ecclesiastes is right in contending that “No person has power over the spirit [רוח] to retain it” (8:8). But to make Eidelstein’s point about openness in the second half of his book educationally viable, there a need for a pragmatic refinement of the philosophical anthropology in its first half. One way or the other, Openness and Faith is praiseworthy for its articulateness and depth, which invites its readers to an open-minded conversation about the concept of openness. (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)

Techno-ethics is the area in the philosophy of technology which deals with emerging robotic and digital AI technologies. In the last decade, a new techno-ethical challenge has emerged: Autonomous Weapon Systems (AWS), defensive and offensive (the article deals only with the latter). Such AI-operated lethal machines of various forms (aerial, marine, continental) raise substantial ethical concerns. Interestingly, the topic of AWS was almost not treated in Jewish law and its research. This article thus proposes an introductory ethical-halakhic perspective on AWS, (...) in the Israeli context. The article has seven sections. Section 1 defines AWS and the main ethical concerns it evokes, while providing elementary definitions and distinctions. §2 locates AWS within the realm of Jewish laws of war (hilkhot-ẓava), which recognize the right for self-defense, as well as the status of universally accepted moral norms. §3 unfolds pragmatic ethical premises of a humane techno-ethics, which are required for the identifying AWS as a moral question: I. Relationality; II. Technology is not (completely) neutral; III. The fallaciousness of transhumanism. It is argued that these premises are compatible with halakhic tradition. §4 investigates the question of the morality of AWS, within the field of military AI ethics. It is clarified why the standard categories of war-ethics (ad bello, in bellum) do not capture the singular ethical problem of AWS, which pertains to the operation of military means, rather than their human targets. It is argued that reductive perception of the human mind is misleading about the feasibility of ‘ethical robots’, capable of independent moral discretion. To provide a thick examination of human agency from the perspective of Jewish tradition, §5 explores two stories from the biblical book of Samuel (the murder of Nob’s priests and of Uriah). The lessons about the significance of moral agency within the pubic-political military sphere are made explicit, as well as the possible costs resulting from the loss of human agency in the case of AWS. Given that realpolitik considerations are basic in halakhah, §6 considers some possible contemporary socio-political implications of the AWS, that may risk the sustainability of the democratic project. §7 concludes by pointing out humane contributions of Jewish law to contemporary techno-ethics. (shrink)

In this article we developed scientific and applied foundations of commercialization of the nature-resource potential of anthropogenic objects, on the example of exhausted mines. It is determined that the category of “anthropogenic object” can be considered in a narrow-applied sense, as specific anthropogenic objects to ensure the target needs, and in a broad theoretical sense, meaning everything that is created and changed by human influence, that is the objects of both artificial and natural origin. It was determined that problems (...) of commercialization of the natural-resource potential of anthropogenic objects are most often considered by researchers for specific objects, without having complex methodological coverage from the point of view of combining environmental, technical, economic and managerial components. When studying the substantiation of the scientific base, the authors confirmed the feasibility of the commercialization of natural-resource potential of anthropogenic objects on the example of a number of theoretical scientific studies in reclamation, reconstruction, recreation, remediation, restoration of biological productivity and economic value of land disturbed by economic activity. The considered examples of exhausted mines in the 21st century in the USA, Canada, Germany, Romania, and Poland indicate a wide range of opportunities for their commercialization. The study of the potential for commercialization of exhausted mines in the post-Soviet countries testified to the underused reserves for the commercialization of their nature-resource potential and their high potential for further development. The authors proposed the identification of anthropogenic objects on the basic livelihood spheres of society. There were identified the main system (natural, biological, technical, economic, social, managerial) and structural (subjects, trends, threats, risks, problems, challenges) factors of diagnosing the state of an anthropogenic object. A set of measures has been developed for commercialization of an anthropogenic object in functional and production activities, product policy, financial and investment spheres, pricing and sales policies, promotion, management and determination of property rights. Recommendations were provided on optimizing the management decision-making process based on a set of positivistic development principles, methods, and management functions. The study allows international organizations, state and local authorities, territorial communities, owners and potential investors to see new opportunities and make mutually beneficial decisions on the rational use of the nature-resource potential of anthropogenic objects. (shrink)

Abortion remains a highly controversial issue in many countries and subject to intense public debate. The aim of this chapter is to summarize the most prominent assumptions and arguments concerning the moral and legal dimensions of abortion on which this debate rests. Where the moral justifiability of abortion is concerned, this chapter focuses on arguments relating to the moral status of the fetus or embryo, the notion of personhood, the biological development of the embryo or fetus, and the moral relevance (...) of specific points in the developmental process. In terms of the legal aspects, we consider concepts and principles invoked at law, principally, the rights of pregnant women and the medical concept of viability. For each moral and legal position in the abortion debate, we provide an overview of the principal assumptions and arguments and acknowledge the main criticisms. (shrink)

Are government restrictions on hate speech consistent with the priority of liberty? This relatively narrow policy question will serve as the starting point for a wider discussion of the use and abuse of nonideal theory in contemporary political philosophy, especially as practiced on the academic left. I begin by showing that hate speech (understood as group libel) can undermine fair equality of opportunity for historically-oppressed groups but that the priority of liberty seems to forbid its restriction. This tension between free (...) speech and equal opportunity creates a dilemma for liberal egalitarians. Nonideal theory apparently offers an escape from this dilemma, but after examining three versions of such an escape strategy, I conclude that none is possible: liberal egalitarians are indeed forced to choose between liberty and equality in this case and others. I finish the paper by examining its implications for other policy arenas, including markets in transplantable human organs and women’s reproductive services. (shrink)

In spite of its everyday connotations, the term independence as republicans understand it is not a celebration of individualism or self-reliance but embodies an acknowledgement of the importance of personal and social relationships in people’s lives. It reflects our connectedness rather than separateness and is in this regard a relational ideal. Properly understood, independence is a useful concept in addressing a fundamental problem in social philosophy that has preoccupied theorists of relational autonomy, namely how to reconcile the idea of individual (...) human agency with the inevitable and necessary influence of other people, both directly and indirectly. I derive my account from the work of Mary Wollstonecraft and Catharine Macaulay, whose contributions have remained largely overlooked by current republican theorists. I have three purposes in this chapter. First, I set out the relational character of independence. Secondly, I outline a republican approach to the problem of structural social threats to agency. Finally, I hope to establish the basis for a fruitful dialogue between republicans and relational autonomy theorists on the requirements and dynamics of individual agency and freedom in oppressive social situations. I identify three distinctive features of the internal logic of freedom as independence that give it a relational character: it always locates the person within a community; there is a mediating role played by the notion of arbitrariness in connecting individual and collective perspectives; a causal relationship exists linking each person’s freedom as independence such that that the dependence of one class of persons jeopardizes the independence of the whole community. (shrink)

That human beings have the potential for rationality and the ability to cultivate it is a fact of human nature. But to value rationality and its subsidiary character dispositions - impartiality, intellectual discrimination, foresight, deliberation, prudence, self-reflection, self-control - is another matter entirely. -/- I am going to take it as a given that if a person's freedom to act on her impulses and gratify her desires is constrained by the existence of others' equal, or more powerful, conflicting (...) impulses and desires, then she will need the character dispositions of rationality to survive. The more circumscribed one's freedom and power, the more essential to survival and flourishing the character dispositions of rationality and the spirit may become. (shrink)

The purpose of this article is to continue the discussion on Europe’s converging criminal justice systems. In particular, I test a hypothesis that has recently appeared in the literature, which sees the jurisprudence of the European Court of Human Rights as one of the most significant factors that encourage a harmonization process between the adversarial and inquisitorial criminal justice systems of Europe. This claim is supported by examining the Court’s jurisprudence to identify decisions that led to legislative and (...) policy amendments in the domestic legal orders of the 46 member states of the Council of Europe. This account shows how an interplay currently taking place between judicial, policy, and statutory powers is marking the end of the adversarial-inquisitorial era. Finally, the conclusion identifies the three most important impediments that are likely to hamper this harmonization process. (shrink)

Mens rea means a guilty mind; guilty knowledge and wilfulness without clear permission to do so. The 1924 Declaration of the Rights of the Child and the 1948 Universal Declaration of Human Rights, followed by the 1959 Declaration of the Rights of the Child have all been ignored by the UK Home Secretary and the UK Prime Minister. These universal laws place the child in the nexus of the State, the parents, and the broader society. The (...) 1959 Declaration claims in its Preamble, that “mankind owes to the child the best it has to give” and it contains ten principles outlining numerous rights of children. See also, Philip Alston, “The Best Interests Principles towards a reconciliation of culture and human rights”, (1994), 8, International Journal of Law and the Family, 1-25, 6. -/- . (shrink)

The purpose of this article was focused on analyzing the adjacent factors related to human rights in women victims of sexual violence in the context of the armed conflict. The quantitative method of descriptive approach was selected under the systematic review technique using the PRISMA guide. As a result, it was obtained that women continue to be instrumentalized in wars, their physical and psychosocial vulnerability persisting in all spheres of life; This being a phenomenon that continues to growglobally (...) given the characteristics associated with political, social and religious structures. As a conclusion, it was identified that, although there are jurisprudential guidelines and policies, these are insufficient and do not protect the human rights of women victims. (shrink)

In the course of presenting a compelling and comprehensive framework for immigration justice, Brock addresses discriminatory immigration policies, focusing on recent attempts by the Trump administration to exclude Muslims from the U.S.. This essay critically assesses Brock’s treatment of the issue, and in particular the question of what made the Muslim ban and similar policies unjust. Through examining these issues, further questions regarding the immigration justice framework on offer arise.

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)

Malaria is a life-threatening disease spread to humans by some types of mosquitoes. It is mostly found in tropical countries. It is preventable and curable. The infection is caused by a parasite and does not spread from person to person. Symptoms can be mild or life-threatening. Mild symptoms are fever, chills and headache. Severe symptoms include fatigue, confusion, seizures, and difficulty breathing. Infants, children under 5 years, pregnant women, travelers and people with HIV or AIDS are at higher risk of (...) severe infection. Discovering this disease is a good step for proper and correct treatment. Determining the treatment with high accuracy depends on the method used in the diagnosis. Correctly, expert systems can greatly help to avoid spreading this disease. The expert system diagnoses malaria disease correctly to facilitate doctors to find the correct treatment based on the appropriate diagnosis. Objectives: An expert system has been established based on CLIPS to diagnose malaria disease. (shrink)

African cultural values connote core principles and ideals that maintains good, right, fair and just in African societies. This culture is developed over a long period of time, preserved and promoted by all members of a given group or society. Corruption as a phenomenon on the other hand has been variously described as a societal vice. Though research shows that some levels of corruption exist in almost every human society, it is over accommodated in some societies or nations and (...) as such it has notoriously continued to destroy such societies/nations. This is particular to a number of African nations, with Nigeria being among (if not) the worse corrupt nation(s) in the continent. It is not difficult to understand that the value placed on corruption in Nigeria is synonymous to the way cultural values are cherished by people in some nations of the world. In view of this, there is a serious and immediate need to educate the Nigerian public about the consequences of developing a culture of corruption in the country. It seems that some Nigerians take corruption to be a normal way of life, thereby, equating the vice to acceptable cultural values. Today, many Nigerians are not interested in developing and/or preserving amiable cultural values for the nation. Rather, more attention is focus on the promotion of corrupt practices that enables the destruction of even the good cultural values of the nation that were left behind by our forefathers. Therefore, this paper seeks to unmask the importance of developing and preserving good African cultural values that will guarantee unity, patriotism, social cohesion and sustainable development in Nigeria. (shrink)

Undeniably, the greatest way for a Moslem to be closer to Allah, is recitation of Holy-Quran approves with the method conveyed from Messenger of Allah Mohammed from the feature of speech points of letters and the intrinsic and fleeting characteristics of the letters, So, there is a persistent need to teach all Moslems the science of Tajweed Al-Quran. ITS (Intelligent Tutoring System) is computer software that supplies direct and tailored training or response to students without human teacher interfering. The (...) main target of ITS is smoothing the learning process using the wide-ranging facilities of computer. The proposed system will be implemented using the ITSB Authoring tool. In this thesis, the researcher presents an intelligent tutoring system for teaching Reciting Al-Quran "Tajweed" with Rewaya: Hafs from ‘Aasem by the way of Shatebiyyah. It was a novel idea that the researcher combined the science of Tajweed Al-Quran and the science of artificial intelligence in his thesis. The researcher arranged the material into chapters, lessons, examples then, added all these to the proposed system. He also added questions, right answers and the level of difficulty for each lesson. He prepared an exam for each chapter and a final exam to test the knowledge of the learner in the whole material. The system was evaluated by teachers and students in reciting science and the outcome of the assessment was encouraging and promising. (shrink)

Drèze and Sen are not entirely right in their apparent glorification of the roles of nongovernmental organizations in Bangladesh in An Uncertain Glory: India and Its Contradictions because they leave out and/or de-emphasize some important issues, especially those that are related to the problematic trusting relationship between nongovernmental organizations in Bangladesh and rural poor women. Nongovernmental organizations’ use of trust disturbs social solidarity in rural Bangladesh mainly because of their massive supervision mechanism that they undertake to sustain the so-called trusting (...) relationship between them and their debtors. The massive supervision mechanism damages social solidarity also because it creates a tension between local norms and nongovernmental organizations’ neoliberalist values of “discipline, efficiency and competitiveness,” which nongovernmental organizations try to inject into villagers by their numerous social engineering programs, which are state’s responsibility. Nongovernmental organization monitoring has some psychological impacts on their clients that also contribute to shaking social solidarity. The absence of a proper trusting relationship between nongovernmental organizations and rural poor women reduces the capabilities of the latter as a result of which Drèze and Sen’s glorification of Bangladeshi nongovernmental organizations and Sen’s capabilities approach are in tension. However, there are strategies that Bangladeshi nongovernmental organizations should employ to address the issues raised due to their massive supervision mechanism. (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.

Kim Iryŏp was raised and initially educated in a devout Methodist Christian environment under the strict guidance of her fideistic pastor father and her mother, who believed in female education. Both parents died while she was in her teens, and she questioned her Christian faith at an early age. She was one of the first Korean women to pursue higher education in Korea and Japan. Kim became a prolific poet and essayist, her writings engaging cultural and social issues, and a (...) leading figure of the feminist “new woman” movement in the 1920s, which promoted women’s self-awareness, freedom, and rights in the context of the complex intersection of traditional Korean... (shrink)

Kant's conception of women is complex. Although he struggles to bring his considered view of women into focus, a sympathetic reading shows it not to be anti-feminist and to contain important arguments regarding human nature. Kant believes the traditional male-female distinction is unlikely to disappear, but he never proposes the traditional gender ideal as the moral ideal; he rejects the idea that such considerations of philosophical anthropology can set the framework for morality. This is also why his moral works (...) clarifies that all citizens, including women have the right, and should be encouraged to strive towards an active condition. (shrink)

Kant is often considered a key figure in a modern transition from social and political systems based on honour to those based on dignity, where “honour” is understood as a hierarchical measure of social value, and “dignity” is understood as the inherent and equal worth of every individual. The essay provides a richer account of Kant’s contribution to the “politics of equal dignity” by examining his understanding of dignity and honour, and the interaction between these concepts. The essay argues that (...) Kant appeals to multiple varieties of dignity and honour, that he does not reject honour in favour of dignity, and that he sees some versions of honour as conducive to respect for dignity. Furthermore, the complexity of Kant’s views on dignity and honour has implications for the theory and practice of human rights in the current day. (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)

This article addresses the so-called to human rights. Focusing specifically on the work of Onora O'Neill, the article challenges two important aspects of her version of this objection. First: its narrowness. O'Neill understands the claimability of a right to depend on the identification of its duty-bearers. But there is good reason to think that the claimability of a right depends on more than just that, which makes abstract (and not welfare) rights the most natural target of her (...) objection (section II). After examining whether we might address this reformulated version of O'Neill's objection by appealing to the specificity afforded to human rights in international, regional and domestic law (in section III), the article challenges a second important feature of that objection by raising doubts about whether claimability is a necessary feature of rights at all (section IV). Finally, the article reflects more generally on the role of abstraction in the theory and practice of human rights (section V). In sum, by allaying claimability-based concerns about abstract rights, and by illustrating some of the positive functions of abstraction in rights discourse, the article hopes to show that abstract rights are not only theoretically coherent but also useful and important. (shrink)

The development of AI appears to be not only rendering humans obsolete, but in being empowered could decide that humans should be eliminated for the benefit of life and the conditions for its own future. Given the behaviour of humans, this could be seen as a relief to the rest of terrestrial life, as Günter Grass suggested in his novel, The Rat. While there are many reasons to support this contention, in this paper I argue that humans do have the (...) potential to augment rather than undermine terrestrial life, a potential celebrated by the subordinated tradition of the Radical Enlightenment. Rather than accepting the demise of humanity, it is now time to put the Radical Enlightenment into practice. (shrink)

The development of AI appears to be not only rendering humans obsolete, but in being empowered could decide that humans should be eliminated for the benefit of life and the conditions for its own future. Given the behaviour of humans, this could be seen as a relief to the rest of terrestrial life, as Günter Grass suggested in his novel, The Rat. While there are many reasons to support this contention, in this paper I argue that humans do have the (...) potential to augment rather than undermine terrestrial life, a potential celebrated by the subordinated tradition of the Radical Enlightenment. Rather than accepting the demise of humanity, it is now time to put the Radical Enlightenment into practice. (shrink)

Despite the prevalence of human rights discourse, the very idea or concept of a human right remains obscure. In particular, it is unclear what is supposed to be special or distinctive about human rights. In this paper, we consider two recent attempts to answer this challenge, James Griffin’s “personhood account” and Charles Beitz’s “practice-based account”, and argue that neither is entirely satisfactory. We then conclude with a suggestion for what a more adequate account might look (...) like – what we call the “structural pluralist account” of human rights. (shrink)

This book manuscript, entitled United Nations Human Rights Ethics: For The Greatest Success of the Greatest Number, critically examines most all major normative ethical theories since Socrates and finds Roman Stoic ethics to be the least deficient. It divides ethical theories into popular ones with little academic support, other popular ones that have had such support, and Kantian ethics standing alone as a philosopher's academic ethical philosophy with limited popular support. It criticizes the appropriation of human (...) class='Hi'>rights by the international law profession to the exclusion of moral philosophy, despite the origin of "human rights" in the moral philosopher Rousseau. It blames the inability of moral philosophers to reach a professional consensus on the elements of normative ethics, not the legal profession. It laments both the failure of human rights education to human beings everywhere as requested by the Universal Declaration and the decline in popular support for human rights in favor of nationalism in current history since 2015. It advocates a way of redirecting human right education to people on the ground rather than mainly to law students. Such education has been overtaken by the Rule of Law movement fighting high crimes crimes against humanity unanticipated by the Universal Declaration. It argues for a way for ethicists to get on the same page in teaching elements in ethics and argues forcefully for a positive method for popular human rights education as well as for human rights-based elementary ethical theory. (shrink)

This essay claims that a rupture between two languages permeates human rights discourse in contemporary Anglo-American legal thought. Human rights law is no exception. The one language is written in the sense that a signifying relation inscribed by institutional authors represents concepts. Theories of law have shared such a preoccupation with concepts. Legal rules, doctrines, principles, rights and duties exemplify legal concepts. One is mindful of the dominant tradition of Anglo-American conceptual jurisprudence in this regard. (...) Words have been thought to copy ready-made concepts. Acts of intellectualisation and the accompanying analytic technique have excluded a consideration of a very different sense of legal language. The second sense of a language concentrates upon unwritten acts of meaning which lack a discrete and assignable author. This essay aims to unconceal the importance of an unauthored language. Drawing from Edmund Husserl’s early writings, particularly his Logical Investigations, I shall argue that an unwritten language embodies the written language with acts of meaning. An act of meaning confers one’s experiential body into the content of a concept signified in a written language. In order to understand the importance of such pre-legal acts of meaning in human rights laws, I begin by outlining how universal human rights have been signified as universal by virtue of their content-independence. I then raise the problem of the exclusion of social-cultural phenomena as elements of human rights laws. The clue to this exclusionary character of human rights law rests in the analytic leap from an unwritten to a written legal language. The essay then addresses the effort to link legality with the social world: namely, the effort of grounding legality in a social convention. I examine how a social convention itself is conceptualized, leaving the remainder of acts of meaning. This failure of social conventions to access social-cultural phenomena encourages me to turn to acts of meaning as such acts were understood by Edmund Husserl in his earlier works. Meaning-constituting acts exist prior to intuitions and prior to social conventions. This priority exists analytically as well as phenomenologically. In order to exemplify this prior character of acts of meaning, I retrieve Antigone’s experiential knowledge in Sophocles’ Antigone. Antigone’s unwritten laws are characterized by an absence of mediating concepts. I then identify several elements of an act of meaning in an unwritten language: the experiential body as the source of the acts of meaning, praeiudicia (prejudgements), collective memories, the act character of meaning, and the act of interpretation of social behaviour. My final section raises the prospect of whether human rights can be considered universal if acts of meaning are that important in the identity of a law. (shrink)

As engineers propose constructing humanlike automata, the question arises as to whether such machines merit human rights. The issue warrants serious and rigorous examination, although it has not yet cohered into a conversation. To put it into a sure direction, this paper proposes phrasing it in terms of whether humans are morally obligated to extend to maximally humanlike automata full human rights, or those set forth in common international rights documents. This paper’s approach is to (...) consider the ontology of humans and of automata and whether ontological difference between them, that pertains to the very bases of human rights, affects the latter’s claims to full human rights. Considering common bases of human rights, can these bases tell us whether a certain ontological distinction of humans from automata—or a de facto distinction about humans tacitly acknowledged by full-rights-recognizing societies—makes a difference in whether humans are morally obligated to assign these entities full rights? Human rights to security also arise. The conclusion is that humans need not be under any moral obligation to confer full human rights on automata. The paper’s ultimate point is not to close the discussion with this ontological cap but to set a solid moral and legal groundwork for opening it up tout court. (shrink)

The Republic of Ireland is introducing major human rights-based reform to its mental health laws. This paper outlines the new legal landscape in which psychologists must operate against the backdrop of present day effects of Ireland’s dark legacy of institutionalisation. A rights-based approach aims to positively transform mental health service delivery and we advocate for person-centred treatments as the ‘new normal’. We summarise the recent advocacy work undertaken by the Psychological Society of Ireland’s Special Interest Group in (...) Human Rights & Psychology. Finally, we present an innovative best practice case promoting future rights-based delivery via the Socio-Ecological Model of Health – Kyrie Farm. Keywords: UNCRPD; Assisted Decision Making Act 2015 (ADMA) in the Rep. of Ireland; The Socio-Ecological Model of Health. (shrink)

This paper provides data on women in academics’ perspective on approaches for enhancing female participation in university’s governance in Calabar, Cross River State, Nigeria. Subjects were 254 women in academics with varying years of teaching experience, from two universities in Calabar. A questionnaire (Academic women perspective on strategies of increasing female participation in university governance questionnaire) was used to gather data from respondents in order to provide answer to the only research question of the study. Subjects were required to outline (...) strategies they considered effective and practicable, for increasing female participation in university governance. Actual numbers, frequencies and percentages were used to present the result. Results indicated that eleven out of the fifteen strategies had a rating of above 70% with strategies listed in items 5,6 and 10 adjudge by the respondents as most effective for increasing women’s capacities and abilities for active involvement in the management of higher education institutions. The study recommended among others that counsellors should focus the advocacy energy on promotion of gender equity by empowering and equipping academic women to take their rightful positions as managers in institutional governance of higher institutions. (shrink)

In an article previously published in this Journal, Anthony Oyowe critically engages with my attempt to demonstrate how the human rights characteristic of South Africa’s Constitution can be grounded on a certain interpretation of Afro-communitarian values that are often associated with talk of ‘ubuntu’. Drawing on recurrent themes of human dignity and communal relationships in the sub-Saharan tradition, I have advanced a moral-philosophical principle that I argue entails and plausibly explains a wide array of individual rights (...) to civil liberties, political power, criminal procedures and economic resources. Oyowe’s most important criticism of my theory is in effect that it is caught in a dilemma: either the principle I articulate can account for human rights, in which case it does not count as communitarian, or it does count as the latter, but cannot account for the former. In this article, I reply to Oyowe, contending that he misinterprets key facets of my theory to the point of not yet engaging with its core strategy for deriving human rights from salient elements of ubuntu. I conclude that Oyowe is unjustified in claiming that there are ‘theoretical lapses’ that ‘cast enormous doubts’ on my project of deriving human rights from a basic moral principle with a recognizably sub-Saharan and communitarian pedigree. (shrink)