The present essay contends that progressive readings of Smith ignore the influence of theological concepts and religious ideas on his work, notably three distinct strands: first, seventeenth- and eighteenth-century natural theology; second, Jansenist Augustinianism; third, Stoic arguments of theodicy. Taken together, these theological elements help explain why Smith’s moral philosophy and political economy intensifies the secular early modern and Enlightenment idea that the Fall brought about ‘radical evil’ and a ‘fatherless world’ in need of permanent divine intervention. As such, (...) Smith views the market as divine regulation of human sinfulness and an instrument to serve God’s providential plan. Indeed, the ‘invisible hand of the market’ represents a nominalist realm where human cooperation intersects with divine providence, blending private self-interest with the public commonweal. I will also argue that Smith’s conception of a morally neutral market is ultimately incompatible with creedal Christianity, in particular orthodox catholic Christian ideas of the common good in which all can share and the practice of charity for those most in need who have been abandoned by state bureaucracy and the marketplace. The main reason is that Smith, not unlike Calvin, tends to divorce human contract from divine gift by dividing the theo-logic of gratuitous reciprocal giving from the economic logic of contract – a dualism that bears an uncanny resemblance with Suárez’s Baroque scholasticism of which Smith’s friend David Hume was rightly critical. In particular, the Reformation and Counter-Reformation theology of Calvin, Luther and Suárez sunders ‘pure nature’ from the supernatural and develops a ‘two ends’ account of human nature, according to which human beings have a natural end separate from their supernatural finality. So instead of participating in the divine oikonomia of asymmetrical gift-exchange, human society and the economy operate autonomously and are ordered towards a purely natural end. Smith conceptualises the market mechanism as both a fundamental precondition for interpersonal relationality and at the same time separate from the sociality it engenders. Smith’s anthropology hovers half-way between Machiavelli and Mandeville’s homo œconomicus in search for maximal profit, on the one hand, and the diametrically opposed conception of man as a gift-exchanging animal striving for mutual social recognition, on the other hand. By viewing market exchange as separate from the private virtues of benevolence, justice and prudence, he introduces a split between the exercise of moral virtues and the operation of commercial society. Such a divide is wholly foreign to the project of an overarching civil compact in the writings of Smith’s contemporary Antonio Genovesi and other members of the Italian schools of civic humanism and civil economy. In consequence, Smith’s œuvre marks a decisive shift from civil to political economy. (shrink)

Human rights have a rich life in the world around us. Political rhetoric pays tribute to them, or scorns them. Citizens and activists strive for them. The law enshrines them. And they live inside us too. For many of us, human rights form part of how we understand the world and what must (or must not) be done within it. -/- The ubiquity of human rights raises questions for the philosopher. If we want to understand these (...) rights, where do we look? As a set of moral norms, it is tempting to think they can be grasped strictly from the armchair, say, by appeal to moral intuition. But what, if anything, can that kind of inquiry tell us about the human rights of contemporary politics, law, and civil society — that is, human rights as we ordinarily know them? -/- This volume brings together a distinguished, interdisciplinary group of scholars to address philosophical questions raised by the many facets of human rights: moral, legal, political, and historical. Its original chapters, each accompanied by a critical commentary, explore topics including: the purpose and methods of a philosophical theory of human rights; the "Orthodox-Political" debate; the relevance of history to philosophy; the relationship between human rights morality and law; and the value of political critiques of human rights. (shrink)

Covenantal Rights is a groundbreaking work of political theory: a comprehensive, philosophically sophisticated attempt to bring insights from the Jewish political tradition into current political and legal debates about rights and to bring rights discourse more fully into Jewish thought. David Novak pursues these aims by presenting a theory of rights founded on the covenant between God and the Jewish people as that covenant is constituted by Scripture and the rabbinic tradition. In doing (...) so, he presents a powerful challenge to prevailing liberal and conservative positions on rights and duties and opens a new chapter in contemporary Jewish political thinking.For Novak, "covenantal rights" are rooted in God's primary rights as creator of the universe and as the elector of a particular community whose members relate to this God as their sovereign. The subsequent rights of individuals and communities flow from God's covenantal promises, which function as irrevocable entitlements. This presents a sharp contrast to the liberal tradition, in which rights flow above all from individuals. It also challenges the conservative idea that duties can take precedence over rights, since Novak argues that there are no covenantal duties that are not backed by correlative rights. Novak explains carefully and clearly how this theory of covenantal rights fits into Jewish tradition and applies to the relationships among God, the covenanted community, and individuals. This work is a profound and provocative contribution to contemporary religious and political theory. (shrink)

Many public debates become polarized, degenerating into a pattern of mutual suspicion and name-calling that preclude communication or compromise. The debate over animal research has typically followed this path. To understand how polarization might be avoided, we examine the factors that helped prevent it in one local controversy: Cambridge, Massachusetts in the late 1980s. These factors include the personal style of the leader of the main animal protection group, the financing for the group, the group's ability to win a symbolic (...) victory in the form of a relatively toothless city ordinance, and, especially, the relative avoidance by both sides of rigid ideological posturing in favor of "casuistic" argumentation about specific cases and policies. (shrink)

Recent developments in the Arab world reopen one of the most fertile debate topics in international relations theory: the universal nature of the concept “fundamental human rights” and their content. The perspectives are different, being influenced by an ideological background, especially theological, apparently contradictory, affecting the positions of major international actors, stimulating the revival of controversies on major differences between Western world and the developing societies. Through a balanced analysis, specific to critical postmodernism, of the way each civilization (according (...) to Samuel Huntington) relates to the human being and to its place within its own legal architecture, one can notice that, beyond any differences, joint elements can be identified for further integration into a common fundamental text conferring the consensual universality indispensable to such an important principle. (shrink)

PurposeThis paper scrutinizes the impact of socioeconomic, political, legal and religious factors on the internal ethical values of human rights organizations worldwide. The authors aim to examine the Code of Ethics for 279 HROs in 67 countries and the social and legal settings in which they operate.Design/methodology/approachUsing the framework of protect, respect and remedy, the authors look for keywords that represent the human rights lexicon in these three areas. In the protection of human rights, the authors (...) select the terms: peace, transparency, freedom and security. For the respect of humans, the authors use the terms: dignity, equality, respect and rights. Sources of remedies come from justice and ethics. The analysis seeks to determine what political economy settings drive the ethical value choices of the organizations. Those choices are proxied by those keywords they mention in their Code of Ethics.FindingsThe analysis show that the scope of ethical values mentioned are higher when the HRO is in a country with more domestic violence, lower income inequality, French civil or Islamic legal origin and higher trust in politicians. In regard to the determinants of the ten keywords individually, the authors conclude that the status of the socioeconomic, political, religious and legal settings impact with local HROs mention each of the keywords: peace, justice, transparency, dignity, equality, ethics, respect, freedom, security and rights.Research limitations/implicationsThe analysis is based on HROs that have a webpage in English and list the employee Code of Conduct.Originality/valueThis study is the first to examine the Code of Ethics for HROs. The authors demonstrate that country-specific characteristics help to drive their internal ethical values. (shrink)

Ontological dualism of human rights, their ideal and real aspect, is what makes them paradoxical. Having this dual nature, do human rights serve to "moralize" or "civilize" people? Analyzing the basic concepts of Kant's philosophy of public law and history, the author concludes that the term "moral rights" is contradictory , that one cannot talk about them in both senses simultaneously and avoid the paradox. If we regard them as juridical law, human rights play a constitutive (...) role in the legislation of a particular country and what analytically follows is the law as coercion. However, if we understand them as moral laws, they will not be regarded as coercion and their function will be strictly regulative. (shrink)

In this paper, I take issue with Arthur Isak Applbaum’s power-liability view of political legitimacy. In contrast to the traditional view that legitimate rule entails a moral duty to obey, here called the right-duty view, Applbaum argues that political legitimacy is a moral power that entails moral liability for the subjects of political rule. According to Applbaum, the power-liability view helps us explain how responsible citizens in some cases can act contrary to law while still recognizing the (...) claims of law. Against Applbaum’s attempt at establishing the power-liability view through conceptual analysis, I argue that we cannot specify the moral implications of de jure legitimacy without considering the moral argument that justifies the right to rule. I further argue that Applbaum’s normative account of political legitimacy implies commitment to a normative idea that forms the basis of a strong case in favor of the right-duty view. Finally, I argue that the present defense of the right-duty view has resources to account for the moral phenomena that prompt Applbaum’s advocacy of the power-liability view. (shrink)

This article examines the process for the eviction of tenants, which offers landlords a swift path for obtaining an eviction order against their tenants, as a case study exposing the politics of procedure. It shows that the PET is but one stage in a longstanding battle waged between two interest groups—landlords and tenants—involving both substantive law and procedural law. But while the story of their conflict over substantive law, fought in the parliament through the regular legislative process, is well-known, the (...) story of the procedural amendments, despite their immense impact, remains shrouded in mystery and is told here for the first time. The reason for that, we argue, is that despite the vast impact of procedure on substantive right, many in the Israeli legal system mistakenly view civil procedure rules as highly technical and neutral directives for the day-to-day operation of the litigation process. The conclusion from such a view is that rulemaking should be left to expert legal technicians and court administrators and that transparency mechanisms or public participation are to be avoided as unnecessary due to the costs and burdens they impose on the rulemaking process. The article concludes with a call for overhauling the rulemaking process in Israel. We argue that the secretive and opaque process is anathema to democracy. Bearing in mind that procedural rules are inevitably imbued with substantive values and have an enormous effect on the substantive rights of the citizenry, the rulemaking process should be radically altered to enable all interested parties to take part in the process, making it far more transparent and subject to public scrutiny in all its stages. (shrink)

All of us are entitled to the protections of law against violence, to a high quality education, to decent employment that respects our dignity, and to necessary assistance with our caregiving. Our civil rights are our rights to the protections of ordinary law - not constitutional law, and not only antidiscrimination law - that will ensure that we can participate in civil society, and hence lead flourishing lives. In this innovative work, Robin L. West looks back (...) to nineteenth-century Civil Rights Acts to argue that the point of civil rights law is not only non-discrimination, but also to assure that all of us receive the protection of legal rights that promote human flourishing. Since the 1960s, Supreme Court decisions on civil rights issues have focused on non-discrimination and thus have 'hollowed out' this broader meaning of civil rights law. This book reconceives civil rights as a set of legal guarantees that all will be included in the legal, political, economic and social projects central to civil society. (shrink)

Love is a key concept in the theory and history of civil disobedience yet it has been purposefully neglected in recent debates in political theory. Through an examination of Martin Luther King, Jr.’s paradoxical notion of “aggressive love,” I offer a critical interpretation of love as a key concept in a vernacular black political theology, and the consequences of love’s displacement by law in liberal theories of civil disobedience. The first section locates the origins of aggressive (...) love in an earlier generation of black theologians who looked to India’s anticolonial struggle to reimagine the dignity of the oppressed as “creative survival.” The second contextualizes King’s early sermons on moral injury and self-respect within this tradition to reinterpret Stride toward Freedom’s account of the dignity-enhancing effects of nonviolent resistance as the triumph of love over fear. The third considers the implications of these arguments for conceptualizing the moral psychology of the white citizen and its consequences for contemporary debates over the ideological uses of Civil Rights history. The call to respond to oppression with aggressive love illustrates the paradoxical character of civil disobedience obscured by legal accounts as well as by criticisms of the very idea of “civil” disobedience. This is the paradox of affirming civility while enacting disobedience in order to bind political confrontation with political pedagogy. (shrink)

This study assesses the extent to which job application forms violate the New Zealand Human Rights Act. The sample for the study includes 229 job application forms, collected from a variety of large and small, public- and private-sector organizations that together employ approximately 200,000 workers. Two hundred and four or 88% of the job application forms contain at least one violation of the Act. One hundred and sixty five or 72% contain two or more and 140 or 61% contain (...) three or more violations. The most common violations concern age, gender, nationality, and disability. The least common concern political opinion, ethical belief, religious belief, and sexual orientation. Despite widespread violations, many forms do have non-discriminatory questions that yield the same kind of useful information as discriminatory questions. Employers could incorporate these into their job application forms to bring themselves into compliance with the law. The same lessons also generally apply to North American employers, given the high degree of comparability between American, Canadian, and New Zealand anti-discrimination laws. (shrink)

ExcerptMany people assume that the Universal Declaration of Human Rights of 1948 was an exclusively or primarily Western project, imposed on the rest of the world by the European and American powers that emerged victorious from World War II. Harvard Law professor Mary Ann Glendon’s 2001 book, A World Made New: Eleanor Roosevelt and the Universal Declaration of Human Rights, suggests otherwise. It was not the great powers but small powers that pushed hardest for a declaration of (...) class='Hi'>rights. And it was often great powers—and one must acknowledge, great powers dominated by people of European ancestry—that did not like the idea of being pushed around by politically and economically weaker inhabitants of the Global South, who were just beginning to emerge from centuries of Western colonialism and other forms of oppression.1. (shrink)

New right vs. old right -- Hegemony -- Metapolitics & occult warfare -- Theory & practice -- Reflections on Carl Schmitt's The concept of the political -- The moral factor -- The psychology of conversion -- The burden of Hitler -- Dealing with the Holocaust -- White nationalism & Jewish nationalism -- The Christian question in white nationalism -- Racial civil religion -- That old-time liberalism -- The woman question in white nationalism -- Notes on populism, elitism, & (...) democracy -- The perils of positive thinking -- The politics of resentment -- Worse is better -- Learning from the left -- Explicit white nationalism -- Secret agents -- The psychology of apostasy -- First, do no harm -- White nationalists & the political "mainstream" -- Why conservatives still can't win -- Status competition, Jews & racialist mainstreaming -- The laugh test -- Premature populism -- On violence. (shrink)

Richard Price (1723-1791) was an eminent Welsh philosopher and Dissenting Minister. His political pamphlets won him considerable fame in the eighteenth century as a supporter of the American rebels in their struggle for independence, and for the enthusiasm with which he greeted the opening events of the French Revolution. It was this enthusiasm that provoked Edmund Burke into writing "Reflections on the Revolution of France." Price is noteworthy as a defender of freedom of thought (especially on religious matters), as (...) a proponent of parliamentary reform, and as an advocate of a minimalist conception of government. He espoused the doctrine of natural rights and the principle of self-government. This book is a collection of Price's most important pamphlets of the period 1759-1789, and is accompanied by a comprehensive introduction putting Price's work in context, complete bibliographical material, a chronology, and bibliographic notes on persons mentioned in the texts. (shrink)

Both of Spinoza’s major political works make frequent use of the concept of right (jus). However, his understanding of right–both natural right and political right–is not moralistic. That is, to have (a) right is not an intrinsic moral status, such that others have a moral obligation either to provide some benefit or to avoid interference with the rightsholder. For Spinoza, if someone lacks the actual power to take some action or secure some benefit, they also lack the right (...) to take that action or obtain that benefit. The same point applies to political authorities: when a political authority lacks the power to enact some law, it is simply false that they have the right to enact that law. Spinoza holds that in our political thinking, we must confront the actual distribution of power in the world, not "a Fantasy, possible only in a Utopia, or in the golden age of the Poets" (TP1.1). This entry examines three components of Spinoza’s view of right: his doctrine of natural right; his account of how people transfer their natural right to a central authority to form a civil order; and his notion of being sui juris, in command of one’s own right. (shrink)

An encyclopedia entry providing an overview of the philosophical issues entailed in the theory and practice of "identity politics." Open access and online. Regularly updated.

Rights seem to occupy a prominent place within the moral and political lexicon of modernity. But is this truly an age in which the idea of individual rights has flourished? Or might the frequency with which we speak of rights reflect a failure to appreciate the stringent demands that genuine rights would inevitably place upon us? Does our willingness to frame so many moral issues in terms of rights simply illustrate our failure to take (...) the idea of rights seriously? Does our monocular focus upon rights lead us to ignore the broader context of law, virtue, and civility that is necessary if rights are to be a reality? These are the questions forming the background to my discussion in this essay. (shrink)

The U.S. Civil Rights Movement (CRM) is a relevant K-6 topic to learn foundational concepts of social justice and participatory citizenship. Year after year, though, U.S. elementary school lessons typically focus on a Martin Luther King, Jr.-Rosa Parks centered narrative, adapted for character education. This qualitative inquiry invited 66 pre-service teachers to explore social justice education embedded at the core of existing K-6 historical topics. Examining pre-service teachers' knowledge, beliefs, and what and how they plan to teach their (...) future students revealed dated educational philosophies. They held limited content knowledge and sociopolitical critical thinking needed to teach the CRM's civic significance and were conflicted by wanting to both empower students and withhold information. This study describes actions designed to model replicable, justice-oriented lessons and help K-6 pre-service teachers reflect on pedagogical choices and ideologies they adopt. It also calls attention to the challenges of K-6 teacher education and school reform when teachers lack content knowledge and political/cultural awareness. (shrink)

On a proceduralist account of democracy, collective decisions derive their jus- tification—at least in part—from the qualities of the process through which they have been made. To fulfill its justificatory function, this process should ensure that citizens have an equal right to political participation as a respectful response to their equal status as agents capable of self-legislation. How should democratic participation be understood if it is to offer such a procedural justification for democratic decisions? I suggest that, in order (...) to overcome the structural procedural disadvantages affecting the actual, effective opportunities that citizens who hold nonmainstream views have to exercise their right to political participation, the enhancement of such opportunities requires securing space for contestation. Against this background, I vindicate the (currently underestimated) role of conscientious objection as a form of political participation. (shrink)

This book is the product of a multi-year dialogue between leading human rights theorists and high-level representatives of international human rights NGOs. It is divided into three parts that reflect the major ethical challenges discussed at the workshops: the ethical challenges associated with interaction between relatively rich and powerful northern-based human rights INGOs and recipients of their aid in the South; whether and how to collaborate with governments that place severe restrictions on the activities of human (...) class='Hi'>rights INGOs; and the tension between expanding the organization's mandate to address more fundamental social and economic problems and restricting it for the sake of focusing on more immediate and clearly identifiable violations of civil and political rights. Each section contains contributions by both theorists and practitioners of human rights. (shrink)

The political philosophy originates from the reflections of crisis, risks and threats which society faces to. The author understands environmentalism as a tendency of current political philosophy which starts from the reflections of causes and possible effects of global environmental crisis as one of the most serious threats to the existential preconditions of current political system and global civilization at all. Considering the changes in social, technological and environmental starting conditions of the existence of economic-political system (...) – that are consequences of the transition from stable geologic-climate era of Holocene to unstable era of anthropocene – it is necessary to reconsider once more the basic premises, imperatives and conceptual frames of current economic-political system. The outlines of current economic-political system in philosophical frame were laid out by founders of modern political thinking while we can identify some of basic premises of environmentalism and also concepts relevant to the reflection of current threats and risks in some of their works. Author considers the concept of civil and human rights, the concept of natural state and the concept of social contract to be suitable for the reflection of the crisis of current economic-political system regarding environmentalism. Afterwards, the author formulates in what meanings are these concepts actual also for anthropocene. In conclusion, the author´s hypothesis is that the political philosophy of 21st century must reflect the environmental preconditions and limits of existence and forms of economic-political system and, at the same time, it must take into account that any economic and social activities have influence on the quality and sustainability of environment. (shrink)

. Although the courts have ruled that companies are legal persons, they have not yet made clear the extent to which political free speech for corporations is limited by the strictures legitimately placed upon corporate commercial speech. I explore the question of whether or not companies can properly be said to have the right to civil free speech or whether corporate speech is always de facto commercial speech not subject to the same sorts of legal protections as is (...) the right to civil free speech. In the absence of clearly defined legal precedent, I emphasize moral reasons for determining the appropriate limits of corporate civil free speech. Appealing to arguments typically used to justify individual rights to civil free speech, I examine the extent to which this sort of justification may or may not be legitimately extended to corporations. I conclude that corporate rights to civil free speech must be restricted because granting rights of free speech to institutions may, in practice, undermine the moral rationale and practical feasibility of guaranteeing rights of civil free speech to individuals. Furthermore, I argue that granting corporations full rights to civil free speech will undercut attempts to develop good moral character in corporate institutions by undermining the efforts of watchdog organizations. (shrink)

Exposure is key element of photography as well as in the relationship between the category of regime and the subjects it entails. This article sets out to re-examine the characteristics of exposure across these different contexts and on the basis of Jean-Luc Nancy’s thought. The article focuses on the relation between the practice of photography and civil actions pursued by human rights organizations. Combining theoretical ­considerations, analysis of photographs and interviews with human rights workers, the article points (...) to the key role that exposure plays in civic action and seeks to articulate its complexity. Adopting an ­interdisciplinary methodology, the article argues that exposure is no simple relation between an ‘exposer’ and that which is ‘exposed’, but, rather, that as a process exposure reveals complex social political dynamics which defy ­conventional binary determinations of such relations. (shrink)

How can there be rights in law? We learn from moral philosophy that rights protect persons in a special way because they have peremptory force. But how can this aspect of practical reason be captured by the law? For many leading legal philosophers the legal order is constructed on the foundations of factual sources and with materials provided by technical argument. For this 'legal positivist' school of jurisprudence, the law endorses rights by some official act suitably communicated. (...) But how can any such legal enactment recreate the proper force of rights? Rights take their meaning and importance from moral reflection, which only expresses itself in practical reasoning. This puzzle about rights invites a reconsideration of the nature and methods of legal doctrine and of jurisprudence itself. Legal Rights argues that the theory of law and legal concepts is a project of moral and political philosophy, the best account of which is to be found in the social contract tradition. It outlines an argument according to which legal rights can be justified before equal citizens under the constraints of public reason. The place of rights in law is explained by the unique position of law as an essential component of the civil condition and a necessary condition for freedom.

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This paper develops a critic on International Human Rights departing from the criticism directed to utopian discourses of political organization of society, as both of them share an evolutionist and ethnocentric foundation, namely, the universal and unconditionally valid reason. The idea is to undertake a serious criticism on reason, always potentially dystopian, in order to unravel the colonialist ethos and the civilizing character of current Public International Law leading discourse of Human Rights.

The reform of China’s housing system has gone through a complex historical process from private real estate before 1949 to public ownership and then partial privatization. These successive temporalities of housing rights can be seen as a concentrated expression of the social transformation process in China. This paper aims at emphasizing both process and structures, revealing a complex relationship between government, market and society, but also the characteristics of the regime behind the events and phenomena described.The research is based (...) on a longitudinal fieldwork and was conducted by a team of teachers and students from Tsinghua University. From the perspective of the politics and sociology of action, housing is the most important contributing factor for the quality of life; to safeguard legal residence rights as well as property rights means to safeguard human rights in the sense of rights of subsistence.Therefore, to safeguard legal residence rights and to pursue social justice are citizens’ most relevant political issues. (shrink)

Human Rights are fundamental. Rights should be considered natural to all human beings. Man, is born with some rights. These rights exist irrespective of the fact whether they are recognized by the society or not. Some rights of man are eternal to man and they are prior to States. These rights are known as “natural rights”. Para 3 of the Preamble to Universal Declaration of Human Rights says that whereas it is essential, (...) if man is not be compelled to have recourse, as a last resort to rebellion against tyranny and oppression, that human right should be protected by the rule of law. All men and women, everyone in the world, are entitled to the rights and freedom contained in the Declaration without any discrimination. The human rights contained in the Universal Declaration may be divided intotwo categories: civil and political rights, which are usually insisted upon in the western liberal democracies; and economic, social and cultural rights, which are generally emphasized in the socialist democracies. The Constitution of India has issued two broad mandates to the Parliament, the Legislatures of the States and to all institutions of the Government. They are: (1) not to take away or abridge certain rights described as fundamental rights; and (2) to apply certain principles described as Directive Principles of State Policy. Both are interrelated. The social and economic obligations of the State are to protect the rights of the citizens prescribed in the ancient texts. To show the importance of human rights and to protect it, the President of India promulgated an Ordinance on September 28,1993 with a view to provide for the setting up of a National Human Rights Commission for better protection of Human Rights and for matters connected therewith. (shrink)

In Vexed, James Mumford tackles the polarization of civil society across the democratic West, taking a fresh look at the existential questions and "hot button" issues that are an essential part of the politics of the Left and Right. In examining issues like the "right-to-die" movement and assisted suicide, family values and economic injustice, sexual liberation and consent, gun-control and abortion, the environment and technology, criminal justice and reform, Mumford questions the basic assumptions of our political groups. His (...) challenge is simple: "Why should believing strongly about one topic mean the automatic adoption of so many others?" With this refreshing and eye-opening book, James Mumford, a public thinker and independent commentator, has written an essential and provocative account that will appeal to anyone of independent thought, and a welcome call for new reflection on the moral issues most relevant to our modern way of life." -- Amazon.com. (shrink)

Irregular migrants are morally entitled to a wide range of legal rights, including basic human and civil rights. Therefore, states ought to create a firewall between those charged with protecting and enforcing these rights and those charged with enforcing immigration laws.

How can respect for cultural and religious differences be reconciled with the conviction that everyone has basic human rights that must be secured? Should liberal states require that non-liberal states secure human rights, and can they do so without being intolerant and oppressive? Is there a human right to democracy, and should a liberal hold that all states must become modern liberal democracies and may be pressured to reform their traditional practices and institutions? Do human rights include (...) only the classical liberal civil and political rights, and no economic rights? ;In this dissertation I defend a conception of human rights derived from John Rawls's Political Liberalism, which comprises both Justice as Fairness, the view he presented in A Theory of Justice , and the Law of Peoples, the view he presented in The Law of Peoples . According to this conception, human rights are binding on all societies, and cannot be rejected as peculiarly liberal or politically parochial. Outlaw states that violate them are to be condemned and may in grave cases be subjected to sanctions or intervention. Moreover, human rights include not only basic civil and political rights but also basic economic rights. However, while there may be a human right to live under a procedurally democratic government, it would not be a basic right but a derivative one. ;The conception of human rights that I here defend is a rational reconstruction of Rawls's view. In Chapters 1--3 I argue against the most natural interpretation of The Law of Peoples, defend a different interpretation, and expose and bridge a logical gap in that text. I then develop new responses to objections by Charles Beitz and Thomas Pogge, who hold that liberals who endorse Justice as Fairness must reject the Law of Peoples as insufficiently egalitarian. I also respond to the additional objection that the set of human rights cannot include economic rights. As I show, endorsing Justice as Fairness requires endorsing the Law of Peoples, and public reason can reconcile respect for cultural and religious differences with the conviction that everyone has basic human rights that must be secured. (shrink)

The argument of this article is that what I term generic globalization has created unprecedented opportunities for advances in human rights universally, but that the dominant actually existing historical form of globalization ? capitalist globalization ? undermines these opportunities. Substantively, I argue that taking the globalization of human rights seriously means eliminating the ideological distinction that exists between civil and political rights on the one hand, and economic and social rights on the other. Doing (...) this systematically undermines the three central claims of capitalist globalization ? namely, that globalizing corporations are the most efficient and equitable form of production, distribution and exchange; that the transnational capitalist class organizes communities and the global order in the best interests of everyone; and that the culture-ideology of consumerism will satisfy our real needs. (shrink)

Several of the Middle East’s traditional economic institutions hampered its political development by limiting checks on executive power, preventing the formation of organized and durable opposition movements, and keeping civil society weak. They include Islam’s original tax system, which failed to protect property rights; the waqf, whose rigidity hampered the development of civil society; and private commercial enterprises, whose small scales and short lives blocked the development of private coalitions able to bargain with the state. These (...) institutions contributed to features that sustain autocracies and keep democracies unstable: high corruption, low trust, widespread nepotism and high tolerance for law-breaking. (shrink)

For over last 70 years, the concept of "return" attained primary focus for the national narrative of Palestinian struggle against devastating conditions, categorized as eviction from ancestral homeland, diffusion in all aspects and reconstitution of national unity. However, the very idea create fears among Israelis regarding their authority of whole Zionist enterprise, as well as demographic stability of Arab-Jewish ventures, with regards to the return of large number of Palestinians to their own places or any other part in Palestine. Discrimination (...) in opposition to Palestinians is no longer perpetrated fully by Israeli state, but common to its society, as well. Our article is an answer to the complicated question: Can refugees along with other displaced victims ever claim their right in entering Israel and Palestine, since this State includes Gaza and West Bank territories? Various articles have made an attempt to clarify the matter through some internal laws and have also interpreted the rights mentioned in ‘International Covenants on Civil and Political Rights’, particularly while clarifying the idea evolved from the typical term: 'his own country’. The article focuses on the viable first point, specifically on the claim as a right of the Diasporas return to the formerly called ‘Palestine’. Various resources are utilised for the purpose of the research. This includes books, scholarly researched articles and newspapers etc. The study is analytical in nature and based on qualitative research method. Most of the literature used for the article is Secondary. The conclusion drawn in precise manner is that the intentions are blended in repeated violations of human rights, along with ethnic and religious refining and various innumerable deficiencies, and try to become regularly involved in sensitive issues. This turned out to be disheartening for the people living there as no efforts are made for a truthful resolution. (shrink)

How can political theory help us understand and solve the political questions of our time? This introduction to political theory illuminates its relevance and applicability and clarifies what is at stake in debates over welfare, terrorism and civil liberties, minority rights, abortion and euthanasia, freedom of speech and a range of other issues.

Even as human rights provide the most widely shared moral language of our time, they also spark highly contested debates among scholars and policymakers. When should states protect human rights? Does the global war on terror necessitate the violation of some rights? Are food, housing, and health care valid human rights? Debating Human Rights introduces the theory and practice of international human rights by examining fourteen controversies in the field. Daniel Chong presents the major (...) arguments on both sides of each debate, encouraging readers to think critically and form their own opinions. Designed for classroom use, the structure of the book makes it easy for students to become familiar with the major political and legal actors in the global human rights system and to understand the practical challenges of protecting civil, political, social, and economic rights. (shrink)

This article speaks of a debate in contemporary India: that surrounding the validity of enacting a civil code that applies uniformly to all communities and religions in the state. In certain feminist arguments, such a code is seen as possibly providing a sphere of rights to Indian women that is alternative to the rights – or wrongs – given to them by the plural religious laws, which form the basis of the civil law in India. India, (...) however, is a heterogeneous polity, encompassing a diversity of cultures and religions, some dominant and others forming minorities. Given these differences, some critics see the feminist call for a Uniform Civil Code as an essentialist move that prioritises gender over other agendas and politics. They argue that the site of the ‚universal’ in this feminist move is a liberal site that inherently excludes marginalised Others and benefits the dominant subjects in India. In my article, I contest this critique and question whether the site of the universal and its authorial subject in postcolonial India is, in fact, an exclusionary liberal ruse of power. I draw insights from the history of the formation of the postcolonial nation-state in India to posit an experience of the state and the universal within it, which is alternative to the Western liberal model. The aim of this article is, therefore, not so much to debate the in/validity of a Uniform Civil Code, as to address certain contemporary post-structuralist critiques of the site of the universal in postcolonial India and posit a departure from them, based on perspectives drawn from history. (shrink)

This paper examines the idea of human rights, and how they should be justified. It begins by reviewing Peter Jones?s claim that the purpose of human rights is to allow people from different cultural backgrounds to live together as equals, and suggests that this by itself provides too slender a basis. Instead it proposes that human rights should be grounded on human needs. Three difficulties with this proposal are considered. The first is the problem of whether needs (...) are sufficiently objective for this purpose, to which it responds by drawing a distinction between human needs proper and societal needs. The second is the problem of overshoot: human needs are more expansive than human rights. It responds to this by arguing that where needs conflict, we make trade-offs before specifying the optimum set of human rights. The third is the problem of undershoot: needs cannot be used to ground civil and political rights. Here it suggests that some of these rights can be grounded directly in needs, others can be justified instrumentally, and yet others grounded in the human need for recognition. Finally the paper returns to Jones, and asks which approach to human rights is better able to justify them within both liberal and non-liberal cultures. (shrink)

In this article the author analyses specific reservations that are being done to the international documents for the protection of human rights and whether Vienna Convention on the Law of the Treaties applies to those human rights treaties or not. Also, the author analyses if reservations, which are incompatible with object and purpose of the treaty, can be done or not and what consequences they might bring. For this reason the author describes the practice of the state members (...) under the Convention on the Elimination of All Forms of Discrimination against Women and International Covenant on Civil and Political Rights. These treaties were chosen not only because they laid down the most significant principles of the protection of human rights, but also due to the great number of reservations made to the fundamental provisions of these treaties. The importance of the topic is that in the human rights treaties the implementation of Vienna Convention on the Law of Treaties provisions on reservations brings several issues, even though on theoretical level the regulation of reservations seems unproblematic. Firstly, there is a major group of states (especially Islamic countries, which base their explanation on the incompatibility with Islamic law), which want to become parties to the treaties that protect human rights and make reservations to fundamental provisions of them at the same time. Secondly, the state parties that make objections to the reservations have to decide if the reservation is compatible with the object and purpose of the treaty or not. The regulation that is laid down in Vienna Convention on the Law of Treaties creates difficulties for the state parties and withdrawal of reservations seems to be more problematic in reality than it is in theory. In order to find the solutions for the above mentioned issues, the author analyses whether the Vienna Convention on the Law of the Treaties regime works properly within the mechanism of making reservations to the human rights treaties or not, what reservations should be kept invalid under the human rights treaties and what could be the solutions for the most effective protection from the invalid reservations that address fundamental rights of human beings in the human rights law. (shrink)

The administrative practices of officials who process the admission of immigrants show severe variations in the ways in which migration policy is enforced on the ground. For the author, inequality of treatment lies in the very hierarchy of tasks and services of what he dubs, following Pierre Bourdieu, the immigration "field". According to the author, the governments’ securitizing priorities favour the sort of suspicion towards foreigners that the media then reproduces, thus authorizing so-called street-level bureaucrats to act with great leeway (...) with regard to immigrants. Under pressure, governments implement what the author calls a "trompe-l’oeil policy" that explores the ambivalence between international and domestic law: while the state enforces repressive laws that apparently comply with fundamental human rights, it leaves to low-ranking civil servants enough discretion to make those rights ineffective. This point is the author’s central contention. The arbitrariness of these officials is neither contingent nor accidental: it actually constitutes a purposive "front-line policy" to enlarge the discretionary power of street-level bureaucrats in charge of regulating admissions. Unequal treatment comes in three flavours in this context. First, officials are asked to ensure that each right granted to a foreigner will not threaten the national order, which means the economic, social and political order. They are therefore in a position to judge the suitability of each application in view of their own arbitrary interpretation of what such "threats" consist of. The question of discretionary power is in this way intimately linked to the problem of equality before the law. Second, the scarcity of material and human resources allocated to services in charge of welcoming migrants starkly contrasts with the expenditure incurred to deport foreigners. Inequality also arises from how agents perceive users and the leeway they have to implement the law. Third, inequality is related to foreigners’ abilities and means to challenge discretionary power, especially through the legal tools they use or through legal intermediaries. The author thus concludes that such "front-line policy" has increasingly been used as a weapon against migrants, especially since the early 2000s, when immigration and detention policies were generalized in France. More broadly, in Europe as well as in United States, immigration reforms have made greater use of detention and focused on enforcement rather than on hosting programs and services for asylum seekers. But they have also strengthened the role of legal intermediaries. Hence the need to investigate how discretionary power is challenged as it sheds light on the power relations between states and migrants. Keywords: foreigners, discretion, sociology, participant observation, front-line policy, illegalism, jobs, insecurity, legal intermediaries. (shrink)

Confucian political philosophy has recently emerged as a vibrant area of thought both in China and around the globe. This book provides an accessible introduction to the main perspectives and topics being debated today, and shows why Progressive Confucianism is a particularly promising approach. Students of political theory or contemporary politics will learn that far from being confined to a museum, contemporary Confucianism is both responding to current challenges and offering insights from which we can all learn. The (...) Progressive Confucianism defended here takes key ideas of the twentieth-century Confucian philosopher Mou Zongsan as its point of departure for exploring issues like political authority and legitimacy, the rule of law, human rights, civility, and social justice. The result is anti-authoritarian without abandoning the ideas of virtue and harmony; it preserves the key values Confucians find in ritual and hierarchy without giving in to oppression or domination. A central goal of the book is to present Progressive Confucianism in such a way as to make its insights manifest to non-Confucians, be they philosophers or simply citizens interested in the potential contributions of Chinese thinking to our emerging, shared world. (shrink)

This ambitious and lively book argues for a rehabilitation of the concept of 'human needs' as central to politics and political theory. Contemporary political philosophy has focused on issues of justice and welfare to the exclusion of the important issues of political participation, democratic sovereignty, and the satisfaction of human needs, and this has had a deleterious effect on political practice. Lawrence Hamilton develops a compelling positive conception of human needs: the evaluation of needs must be (...) located within a more general analysis of institutions, but can in turn help to justify forms of coercive authority that are directed toward the transformation of political and social institutions and practices. His argument is animated throughout by provocative and original discussions of topics such as autonomy, recognition, rights, civil society, liberalism and democracy, and will interest a wide range of readers in political and social philosophy, political theory, law, development and policy. (shrink)

Combining the most powerful elements of Foucault's theories, Clifford produces a methodology for cultural and political critique called "political genealogy" to explore the genesis of modern political identity. At the core of American identity, Clifford argues, is the ideal of the "Savage Noble," a hybrid that married the Native American "savage" with the "civilized" European male. This complex icon animates modern politics, and has shaped our understandings of rights, freedom, and power.

The purpose of this paper is to consider whether it is permissible for a liberal democratic state to deny anti-liberal-democratic citizens and groups the right to run for parliament. My answer to this question is twofold. On the one hand, I will argue that it is, in principle, permissible for liberal democratic states to deny anti-liberal-democratic citizens and groups the right to run for parliament. On the other hand, I will argue that it is rarely wise (or prudent) for ripe (...) democracies to exclude anti-liberal-democrats from parliamentary elections. There are at least two reasons for this. The first is related to the inherent stability of just institutions. The second is that exclusion can lead to group polarization and enclave deliberation that can engender political extremism and impair processes of interpersonal and intrapersonal deliberation in liberal democracies. (shrink)

The protection of national minorities forms a constituent part of the international protection of human rights. General human rights treaties (the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention for the Protection of Human Rights and Fundamental Freedoms and others) create guarantees for the protection of persons belonging to national minorities on the basis of individual human rights. Although the mentioned treaties are (...) not specifically devoted for the protection of national minorities, it is important to underline that non-minorities treaties establish articles of special relevance for persons belonging to national minorities. Non-minorities treaties on the basis of non-discrimination and equality oblige the contracting states to ensure equal treatment of persons, including those belonging to national minorities. It may be noticed that non-minorities treaties provide the protection for persons belonging to national minorities indirectly through the interpretation of the ambit of general human rights. The core question is whether the protection granted on the basis of general human rights is sufficient for the effective protection of persons belonging to national minorities. The aim of the article is to analyze general and specialized international legal grounds of special significance for persons belonging to national minorities in order to determine the particularities of the protection granted for them. The conclusion is drawn that general human rights alone do not effectively protect national minorities: general human rights contribute to the protection of persons belonging to national minorities as a supplement element that inextricably interrelates with specialized rights together comprising the protection devoted to national minorities. (shrink)

G. W. F. Hegel is widely considered to be one of the most important philosophers in the history of philosophy. This entry focuses on his contributions to political philosophy, with particular attention paid to his seminal work: the Philosophy of Right. A particular focus will be placed on Hegel’s theories of freedom, contract and property, punishment, morality, family, civil society, law, and the state.

The liberal conception of the state is marked by an insistence upon the equal civil and political rights of each inhabitant. Recently, though, a number of writers have argued that this emphasis on uniform rights ignores the fact that the populations of most states are culturally diverse, and that their inhabitants have significant interests qua members of particular cultures. They argue that liberals should recognize special, group-based cultural rights as a necessary part of a theory (...) of justice in multicultural societies. In this thesis I examine the idea of special cultural rights. In the first part, I begin by setting out some of the different conceptions of culture and multiculturalism that are involved in the debate over cultural rights. I then discuss three claims made by supporters of special cultural rights: that having culture is an essential part of individual autonomy; that people have morally significant interests qua members of particular cultures; and that these interests are inadequately protected by existing liberal conceptions of human rights. Although I conclude that is correct, I argue that both and are mistaken. Among other things, I suggest that the version of culture relied upon by supporters of special cultural rights is an implausible one and I outline what I take to be a more plausible, cosmopolitan conception of culture. In the second part, I begin by looking at specific instances of cultural rights-claims, and analyzing the concept of cultural rights qua rights. I consider the practical and conceptual difficulties with special cultural rights at great length. But the core of my thesis is that our interest in culture lies in its contribution of worthwhile goals and options, and that this interest lies in culture generally rather than in particular cultures. Hence, adopting a special or group-based distribution of any right to culture would seem to be inconsistent with liberal egalitarian principles. If there are such things as cultural rights, I argue, they are general rather than special rights. I conclude by offering a very preliminary account of what a cosmopolitan conception of cultural rights might involve in the case of the right to free association and language rights. (shrink)