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Some philosophers argue that animals should be included in the democratic system, with people acting as their representatives in voting on issues that concern them. This article contends that, while animals’ rights are fundamentally important, granting people rights to represent animals in democratic processes may lead to the opposite of what we want. Or worse, it may put animals’ interests and rights at significant risk. If animals’ rights are basic and straightforward, as proponents of this proposal assume, then deliberation is either redundant or dangerous in safeguarding the interests of animals.

This article examines the necessity for constitutional adjudication in a democracy. Democracy is not the government of the minority by the majority, but self-government of the people in a pluralist society. The article regards constitutional adjudication as a necessary component of a constitutional democracy to preserve self-government and individual rights as a pre-condition for the acceptance of majority decisions by the minority. Thus, constitutional adjudication is needed to uphold the possibility of democratic change and to protect individual rights also against the majority. Recent critique of individual decisions does not change this basic insight and practice of constitutional democracies. [ABSTRACT FROM AUTHOR]

By embracing the ontological view of vulnerability and stressing its social basis, the paper aims to clarify the role of vulnerability within human rights paradigm. Vulnerability is conceived of by the author as a heuristic notion, which works as a pillar for a general approach to some crucial challenges to human dignity. Both this heuristic notion and these challenges are regarded in the paper as hallmarks for the human rights paradigm. In order to ground this view, the coherence between "vulnerability turn" and the rationale of human rights relies on a four-steps argument dealing with: (i) the denial of a necessary mismatch between the notion of vulnerability and the principle of autonomy; (ii) the appreciation of relation in human rights conceptualization; (iii) the complementarity between vulnerability, as a heuristic notion, and the principle of equality; (iv) the understanding of vulnerability as a "vehicle of empathy" not necessarily involving paternalist trends and therefore not in conflict with the empowerment purposes of human rights. The relevance of "vulnerability turn" in human rights paradigm is defended in the paper within a view of human rights as basic rights, i.e. as means to prevent or fight against those threats that seriously affect basic human needs. [ABSTRACT FROM AUTHOR]

African ethicists have so far not agreed on a single, precise, secular and comprehensive basic norm, an Afro-Grundnorm, which captures the core values of Ubuntu sub-Saharan African cosmopolitanism. This article constructs and proffers the 'double-dignity' Grundnorm that partly shares with Western stoic cosmopolitans the view that our common human ontological capacity for autonomy identifies us as members of the human species. This capacity grants our first dignity, inherent dignity. Inherent dignity only grants our universal basic (security and subsistence) rights. Our duties to care of each other derive from the second dignity, acquired dignity. Acquired dignity itself derives from our second ontological capacity, our capacity for communion. Unlike inherent dignity, acquired dignity is neither universal nor automatically present in us. It is earned when we commune with others in fostering harmony as we earn 'full personhood'. Since fostering harmony starts with nurturing communal identities and solidarities, Ubuntu entails efficiency-model moderate cosmopolitanism which permits prioritizing serving our immediate associates or compatriots not because of their special moral worthiness but because we more efficiently serve humanity at large when we do so. [ABSTRACT FROM AUTHOR]

We characterize, more precisely than before, what Rawls calls the 'analytical' method of drawing up a list of basic liberties. This method employs one or more general conditions that, under any just social order whatever, putative entitlements must meet for them to be among the basic liberties encompassed, within some just social order, by Rawls's first principle of justice (i.e. the liberty principle). We argue that the general conditions that feature in Rawls's own account of the analytical method, which employ the notion of necessity, are too stringent. They ultimately fail to deliver as basic certain particular liberties that should be encompassed within any fully adequate scheme of liberties. To address this under-generation problem, we provide an amended general condition. This replaces Rawls's necessity condition with a probabilistic condition and it appeals to the standard liberal prohibition on arbitrary coercion by the state. We defend our new approach both as apt to feature in applications of the analytical method and as adequately grounded in justice as fairness as Rawls articulates the theory's fundamental ideas. [ABSTRACT FROM AUTHOR]

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Copyright of Österreichische Zeitschrift für Soziologie is the property of Springer Nature and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Angle Health Law Review is the property of Angle Publishing Co., Ltd. and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Jacqueline Vayntrub argues that the date-palm root helps us see the link metaphor between two Tamar figures in Genesis 38 and 2 Samuel 13. However, it is more appropriate to see its fruit as the link metaphor, although in a negative way. Their bitter experiences of domestic violence are not as sweet as the date-palm fruit. Tamar’s basic right to progeny and motherhood is violated. In the case of David’s Tamar, the culture of silence does not allow her to voice her pain and the perpetrator is granted impunity from the inaction of the administrator of justice. To show how domestic violence occurs in both texts and how they imply things important for the paternal authority and the victim to do, I will do a close reading and some word study. Intradisciplinary and/or interdisciplinary implications: This article expands the issue of sexual violence against women, not only physically but also the violation of their basic rights to a decent life because of the unequal power relations based on gender. This study provides a biblical basis for public theology and sociological understanding of domestic violence.

The use of military force abroad is a significant part of some states' counter-terrorist efforts. Can these operations be ethically justified? This paper considers whether the underlying principles that philosophers have put forward to justify humanitarian interventions (which may underlie the international norm of the responsibility to protect (R2P)) can also give support for foreign counter-terrorist interventions of this sort. While it finds that the limits to international action that are imposed by the need to respect state sovereignty do not rule out counter-terrorist interventions, it urges caution in supporting an international norm permitting them. Because such a norm would be open to manipulation and abuse, it may be preferable to discourage appealing to it in order to justify military counter-terrorism. [ABSTRACT FROM AUTHOR]

Uruguay was the last country in MERCOSUR to pass a consumer Protection Law in 2000. The purpose of this article is to analyse the origins and influences of the Law on Consumer Relations in the Uruguayan Legal System, with special emphasis on the impact of EU consumer law, the MERCOSUR Protocol Project, the Brazilian Consumer Protection Code and Spanish legislation. It provides an overview of the basic principles and relevant case law that demonstrate the current state of the art. [ABSTRACT FROM AUTHOR]

This article argues that when coercive disobedience is motivated by climate change, it is sometimes permissible, even if it is undemocratic. Climate change poses such a serious danger to the basic rights of millions of people worldwide that even the basic right to democracy can be justifiably displaced as a means to reduce the risks posed by a climate catastrophe. The article also replies to the claim that coercive climate disobedience is always democratic because it equalizes informal influence over public decisions, or protects the preconditions of democracy; these arguments only rescue some acts of coercive climate disobedience. The rest are still undemocratic, but they are not for this reason impermissible. [ABSTRACT FROM AUTHOR]

In Between facts and norms, the legal form is a central concept that makes it possible for Habermas: to focus on the institutional dimension of the law; to elucidate the problematics of the legitimacy of the law; to carry out a functionalist approach to the law which is favourable to a rational reconstruction of the law; and to make explicit the system of basic rights. Habermas, however, does not proceed to a systematic analysis of the functional nexus between the legal form and the capitalist mode of production. Thus, he fails to provide a more comprehensive and more critical account of both the legal form and the emancipatory possibilities immanent in capitalist society. [ABSTRACT FROM AUTHOR]

By analyzing the text of Sports Law, the study finds that the "sports right" is not only possible, but also a right. Although the paragraph 2 in the article 21 of our Constitution stipulates "sports career", through the analysis of structure, history and function, it can be seen that that has been over-interpreted. Whether it is the theory of "right to education", "right to cultural", "the freedom of association", or "the new type of human rights", it is impossible to conclude that the sports right is a basic right. From the perspective of systemization, sports right should be an independent right with constitutional nature. From the internal observation, the system of sports right presents the obvious "core-foundation" structure; from the external observation, sports right should be a second-order right based on the "right to health", which has relevant characteristics of "right to development" in legal attribute. [ABSTRACT FROM AUTHOR]

This article argues that citizens have a basic right to invite family members and spouses into their society on the basis of Rawlsian egalitarian premises. This right is argued to be just as basic as other recognized basic rights, such as freedom of speech. The argument suggests further that we must treat immigration and family reunification, in particular, as central issues of domestic justice. The article also examines the implications of these points for the importance of immigration in liberal domestic justice and suggests avenues for further research on the interplay of considerations of justice towards citizens and non-citizens. [ABSTRACT FROM AUTHOR]

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This essay seeks to demonstrate that there are both ethical and practical considerations for enabling refugees to manage the coronavirus disease (COVID-19 pandemic). Given that a majority of refugees live in highly congested environments, particularly urban areas, an outbreak would swiftly spread through their local communities. Our argument is twofold: (i) That a new approach is needed to cope with the COVID-19 pandemic --one that recognizes mounting challenges facing refugees and relies on international cooperation rather than the myopic rhetoric and sentiments of xenophobic right-wing politicians; (ii) That helping refugees to curb the spread of the current coronavirus cannot be divorced from social contexts, hence the necessity of improving employment, basic health services, and educational opportunities for refugees. [ABSTRACT FROM AUTHOR]

The Sustainable Development Goals have attracted both defenders and critics. Composed of seventeen goals and 169 targets, the overly broad scope of the SDGs raises the question of whether there are priorities that need to be set within them. This essay considers the SDGs from the perspective of a "basic goods approach" to development policy, which takes a needs-based and basic-subsistence-rights view on policy priorities. It focuses on a subset of SDGs that directly address the provision of nutritious food, clean water, sanitation, health services, education services, and human security services. In doing so, it proposes a set of seven "basic development goals" and ten associated targets. It argues that this more focused approach can better protect basic rights, more effectively contribute to progress on human wellbeing, and make accountability more likely. [ABSTRACT FROM AUTHOR]

Copyright of Direito e Práxis is the property of Editora da Universidade do Estado do Rio de Janeiro (EdUERJ) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Neue Kriminalpolitik is the property of Nomos Verlagsgesellschaft mbH & Co. KG and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The subject of the analysis of this paper is the mutual relation between the judicial authorities and non-judicial institutions, those whose decisions directly or indirectly influence the exercise of judicial power. The author's attention will not be directed towards relations with institutions of legislative and executive power, but on non-judicial institutions that do not belong to governmental ones, and have an impact on judicial decision making. This relationship will be presented through the prism of the conflict of authority, which is based on the institutional position of the analyzed institutions, the legal effect and the possibility of reconsidering their decisions, and the conflicting relationship in the decision making process. The complexity of the analyzed relationship also speaks of the dilemma of the author regarding the name of this paper, so the analysis can thus be described as 'the interrelation of the judicial authorities and non-judicial institutions, as an attachment to the functionality or dysfunctionality of the legal system', 'encroaching on powers of judicial authorities by non-judicial institutions', 'allowed and disallowed operation frameworks for non-judicial institutions in relation to the exercise of judicial power', or 'conflict of jurisdiction between regular courts and non-judicial institutions'. It seems that, regardless of the different angle of observation, and the different marking of the disputed points, the essence of the disputed relationship is precisely the authority of the analyzed institutions, the conflict based on legitimate reconsidering of judicial decisions (a real conflict of authority), and a potential conflict in case of an illegitimate impact (not real conflict of authority). Non-judicial institutions whose relationship with the judicial ones is being considered are the Constitutional Court and the State Audit Institution, which, regardless of whether it is an allowed or disallowed influence, have the possibility, due to the nature of their position and the nature of the decisions, influence the exercise of judicial power.

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Coercion and violence in psychiatric inpatient settings represent a serious challenge. This challenge cannot be successfully met just by denying any legitimation of coercive measures or by assuming that violence from the patients' side is a fateful complication. Coercive measures are essentially approximative solutions of interpersonal and intrapersonal conflicts of autonomy, if these cannot be resolved without violence. Therefore, prevention of coercive measures can only succeed when the focus is on the needs and rights for autonomy of all subjects involved, including patients, relatives and staff. Autonomy-focused psychiatry targets transparency of conflicts of interests and aims at limiting coercive measures to the absolute minimum necessary by preventive means. A number of effective measures are available to achieve a comprehensive implementation strategy. Using these measures in clinical practice must evolve, however, during a dynamic continuous improvement process and implementation should be based on the local as well as legal, administrative and architectural situation and the available human resources. The presently widespread prioritization of opening closed psychiatric wards is insufficient to effectively minimize coercion and violence in psychiatric inpatient settings. [ABSTRACT FROM AUTHOR]

Human rights have been in the practice of international relations, but they have not been central to academic thinking on International Relations (IR) for most of the century since the discipline became institutionalized in 1919. We suggest two related reasons for this relative neglect by the IR community. First, the US heartland of IR prioritized other institutions of international order during the 1950s and 1960s, primarily the balance of power, diplomacy, and arms control. Second, human rights were treated with suspicion by realists in particular given their view that morality in foreign policy was potentially disruptive of international order. If the emergent discipline of IR largely ignored the 1948 Universal Declaration of Human Rights, so did the rest of the world according to the revisionist history of human rights offered by Samuel Moyn. He challenges the idea that the birth of the regime was the culmination of a 150-year struggle that began in the minds of Enlightenment thinkers and ended with a new globalized framework of rights for all. While IR was slow to come to human rights, the pace in the last three decades has quickened considerably; the area of protecting the basic right of security from violence being a case in point, where several IR scholars have been pivotal in the development of action-guiding theory. Developing a critical theme in Carr's The Twenty Years' Crisis 1919-1939, we consider whether these institutional developments represent great illusions or great transformations in international relations in Carr's terms. [ABSTRACT FROM AUTHOR]

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İlk insandan itibaren insanoğlu, evrenin ve hayatın merkezinde yer almıştır.İnsanın sahip olduğu özelliklerden ve tarih boyunca içinde bulunduğu durumlardanbahseden kaynaklar mevcuttur. Bu kaynaklardan birisi olan din, insan hayatındaçok önemli bir yere sahiptir çünkü insan, varoluş nedeni ve amacının cevabını dindebulmuştur. İnsanlık tarihi kadar eski ve köklü geçmişi olan ve tarihi değeri bulunanbütün dinlerin mesajlarında insana üstün bir değer verilmektedir. Nitekim bu dinlerde,bu değerin göstergesi olarak günümüzde de büyük önem atfedilen temel insan haklarınınköklerini bulmak mümkündür. Çünkü bütün dinler, insanın hem dünyada hemde ölümden sonra mutluluğa ulaşmasını hedefl emekte ve bunu temel kaynaklarındaaçıkça ifade etmektedir. Bu amaç doğrultusunda dinler, insanın canını, aklını, malını,namusunu ve dinini koruma altına almış ve bunları korumayı temel esasları halinegetirmişlerdir. Bu nedenle insanların tarih boyunca elde etmek için çabaladıkları temelhaklar, dinlerin koruma altına aldığı beş temel esas olarak özetlenebilir. Böyleliklesöz konusu beş temel esas üzerine temellendirilen temel hakların günümüzde İnsanHakları Evrensel Beyannamesi’nde belirtilen haklar haline geldiği ifade edilebilir.Bu durumda dinler, insana verdikleri değer ekseninde insani birtakım gayretlerle eldeedilmeye çalışılan temel hakların garantörü olarak kabul edilebilir. Bu makalede, Yahudilik,Hıristiyanlık ve İslam dışında Hint, Çin, Japon ve Eski İran dinleri ile Sabiilikgibi bazı dinlerin insana bakışının ve insana verdikleri değerin genel bir çerçevesiçizilmeye gayret edilmektedir.

This paper aims at analyzing the role civic and citizenship education plays in construction of learning basic rights (DBA in Spanish) in social sciences. The theoretical framework and methodology used by the team of Universidad de Antioquia were based on revision of literature, analysis of experiences and validation by focal teams of teachers and experts. This study tries to provide the students with a citizenship education from their self-recognition as actors, able to transform a society that needs political subjects contributing to social issues. [ABSTRACT FROM AUTHOR]

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In Free Market Fairness, John Tomasi argues that a wider range of private economic freedoms should be included amongst the high liberal set of basic rights than is normally thought. The topic of this paper is not primarily Tomasi’s own views, but a view that has emerged in the critical literature responding to Tomasi, consideration of which has so far been neglected. This view holds that whilst the specific private economic freedoms Tomasi proposes should be rejected, certain ‘weak’ private economic freedoms should be included amongst the high liberal basic rights. In the paper, I critically assess (and reject) one version of this position, which claims that Rawlsian high liberals ought to accept a weak basic right to privately own productive property. [ABSTRACT FROM AUTHOR]

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Copyright of FORO: Revista de Ciencias Juridicas y Sociales Nueva Epoca is the property of Universidad Complutense de Madrid and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Journal of Social Sciences & Philosophy is the property of Research Center for Humanities & Social Sciences, Academia Sinica and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)