Richard Ashcroft
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199545520
- eISBN:
- 9780191721113
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199545520.003.0003
- Subject:
- Law, Medical Law
This chapter examines the relationship between bioethics and humans. The first part of the chapter briefly presents the debate over the value of the UNESCO Universal Declaration on Bioethics and ...
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This chapter examines the relationship between bioethics and humans. The first part of the chapter briefly presents the debate over the value of the UNESCO Universal Declaration on Bioethics and Human Rights. The second part proposes an account of the intellectual, sociological, and institutional differences between advocates of bioethical and human rights approaches to moral and social issues in health, medicine, and the life sciences. The third part discusses recent arguments that bioethics can be subsumed under the human rights umbrella. Finally, the chapter suggests some issues for future work on the relationship between human rights and bioethics.Less
This chapter examines the relationship between bioethics and humans. The first part of the chapter briefly presents the debate over the value of the UNESCO Universal Declaration on Bioethics and Human Rights. The second part proposes an account of the intellectual, sociological, and institutional differences between advocates of bioethical and human rights approaches to moral and social issues in health, medicine, and the life sciences. The third part discusses recent arguments that bioethics can be subsumed under the human rights umbrella. Finally, the chapter suggests some issues for future work on the relationship between human rights and bioethics.
Mark Henaghan
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199545520
- eISBN:
- 9780191721113
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199545520.003.0013
- Subject:
- Law, Medical Law
A gap exists between stating ethical principles and choosing which one to apply in a particular situation. Even when the choice of ethical principle is made, there is a gap between the expression of ...
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A gap exists between stating ethical principles and choosing which one to apply in a particular situation. Even when the choice of ethical principle is made, there is a gap between the expression of the principle and its interpretation when it is applied. At the point of application there is also a gap between the interpretation of the facts and the application of the principle. This chapter focuses on these gaps in the context of making law for new developments that are now available because of advances in genetic science.Less
A gap exists between stating ethical principles and choosing which one to apply in a particular situation. Even when the choice of ethical principle is made, there is a gap between the expression of the principle and its interpretation when it is applied. At the point of application there is also a gap between the interpretation of the facts and the application of the principle. This chapter focuses on these gaps in the context of making law for new developments that are now available because of advances in genetic science.
Arturo J. Carrillo
- Published in print:
- 2006
- Published Online:
- May 2006
- ISBN:
- 9780199291922
- eISBN:
- 9780191603716
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199291926.003.0015
- Subject:
- Political Science, International Relations and Politics
This paper examines how international law contributes to contemporary understandings of transitional justice with respect to reparations for victims of gross and systematic human rights abuses. The ...
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This paper examines how international law contributes to contemporary understandings of transitional justice with respect to reparations for victims of gross and systematic human rights abuses. The author surveys the jurisprudence of the Inter-American Court of Human Rights through 2003 to determine how the Court’s practice can be used to guide the formulation of reparatory policies during political transition. Recognizing that the direct application of Inter-American case law to situations of mass atrocity is not always viable in practice, the author analyzes regional human rights jurisprudence, particularly that relating to compensation, to determine what role the Court’s rules can and cannot play as a reference for policymakers and societies faced with the challenge of designing a reparations program. He concludes that while landmark Court decisions like Velásquez Rodríguez provide general normative guidance, there are significant obstacles to extending to the transitional justice context many of the measures, amounts, and formulas relied upon by the Court in awarding compensation. The fairness of compensation outside the courtroom cannot be determined with reference to predetermined rules, but depends on the factual context in which the measures are adopted including the number of victims involved. A better source of comparative inspiration is found in the Court’s growing practice of adopting non-monetary reparations measures to deal with moral harm.Less
This paper examines how international law contributes to contemporary understandings of transitional justice with respect to reparations for victims of gross and systematic human rights abuses. The author surveys the jurisprudence of the Inter-American Court of Human Rights through 2003 to determine how the Court’s practice can be used to guide the formulation of reparatory policies during political transition. Recognizing that the direct application of Inter-American case law to situations of mass atrocity is not always viable in practice, the author analyzes regional human rights jurisprudence, particularly that relating to compensation, to determine what role the Court’s rules can and cannot play as a reference for policymakers and societies faced with the challenge of designing a reparations program. He concludes that while landmark Court decisions like Velásquez Rodríguez provide general normative guidance, there are significant obstacles to extending to the transitional justice context many of the measures, amounts, and formulas relied upon by the Court in awarding compensation. The fairness of compensation outside the courtroom cannot be determined with reference to predetermined rules, but depends on the factual context in which the measures are adopted including the number of victims involved. A better source of comparative inspiration is found in the Court’s growing practice of adopting non-monetary reparations measures to deal with moral harm.
Daniel Engster
- Published in print:
- 2007
- Published Online:
- May 2007
- ISBN:
- 9780199214358
- eISBN:
- 9780191706684
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199214358.003.0005
- Subject:
- Political Science, Political Theory
This chapter explores the question: What does it mean to care for others in international relations? Sara Ruddick, Fiona Robinson, and others have outlined international relations theories based upon ...
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This chapter explores the question: What does it mean to care for others in international relations? Sara Ruddick, Fiona Robinson, and others have outlined international relations theories based upon care ethics, but their accounts are fairly general and say little about the rights and policies necessary for establishing caring relations among people across the world. The first half of this chapter develops a human rights framework based upon human beings' universal duty to care for others. The chapter argues that this framework avoids the central shortcomings of other international rights frameworks, and more generally provides a standard of justice that should be reasonably acceptable to people from diverse cultural and religious backgrounds. The second half of the chapter outlines some specific strategies and policies for enforcing human rights abroad and caring for distant others. In the last section, the chapter discusses the conditions under which care theory might justify the use of military force, especially for the sake of intervening into other countries for humanitarian purposes.Less
This chapter explores the question: What does it mean to care for others in international relations? Sara Ruddick, Fiona Robinson, and others have outlined international relations theories based upon care ethics, but their accounts are fairly general and say little about the rights and policies necessary for establishing caring relations among people across the world. The first half of this chapter develops a human rights framework based upon human beings' universal duty to care for others. The chapter argues that this framework avoids the central shortcomings of other international rights frameworks, and more generally provides a standard of justice that should be reasonably acceptable to people from diverse cultural and religious backgrounds. The second half of the chapter outlines some specific strategies and policies for enforcing human rights abroad and caring for distant others. In the last section, the chapter discusses the conditions under which care theory might justify the use of military force, especially for the sake of intervening into other countries for humanitarian purposes.
Catharine Cookson
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780195129441
- eISBN:
- 9780199834105
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019512944X.001.0001
- Subject:
- Religion, Religion and Society
Religious free exercise conflicts occur when religiously compelled behavior (whether action or inaction) appears to violate a law that contraindicates or even criminalizes such behavior. Fearful of ...
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Religious free exercise conflicts occur when religiously compelled behavior (whether action or inaction) appears to violate a law that contraindicates or even criminalizes such behavior. Fearful of the anarchy of religious conscience, the U.S. Supreme Court opted instead for authoritarianism in this church and state matter: The state's need for civil order is conclusively presumed to be achieved by enforcing uniform obedience to generally applicable laws, and thus legislation must trump the human and constitutional right to religious freedom. Rejecting the Court's unthinking rigorism, the book more appropriately views a free exercise case as a conflict of principles or “goods”: the basic constitutional and human right to freedom of conscience and religious freedom versus the societal good furthered and protected by the legislation. The book recommends an alternative analytical free exercise process grounded within the common law tradition as well as social ethics: casuistry. Casuistical reasoning requires a careful analysis of the particulars and factual context of the case, and relies upon analogies and paradigmatic illustrations to get to the heart of the principles at issue. The book furthermore explores the panoply of theories, self‐understandings, typologies, contexts, and societal constructs at play in free exercise conflicts, and in the final chapters applies casuistry to two free exercise situations, spiritual healing methods applied to children, and ingestion of sacramental peyote in Native American Church rituals.Less
Religious free exercise conflicts occur when religiously compelled behavior (whether action or inaction) appears to violate a law that contraindicates or even criminalizes such behavior. Fearful of the anarchy of religious conscience, the U.S. Supreme Court opted instead for authoritarianism in this church and state matter: The state's need for civil order is conclusively presumed to be achieved by enforcing uniform obedience to generally applicable laws, and thus legislation must trump the human and constitutional right to religious freedom. Rejecting the Court's unthinking rigorism, the book more appropriately views a free exercise case as a conflict of principles or “goods”: the basic constitutional and human right to freedom of conscience and religious freedom versus the societal good furthered and protected by the legislation. The book recommends an alternative analytical free exercise process grounded within the common law tradition as well as social ethics: casuistry. Casuistical reasoning requires a careful analysis of the particulars and factual context of the case, and relies upon analogies and paradigmatic illustrations to get to the heart of the principles at issue. The book furthermore explores the panoply of theories, self‐understandings, typologies, contexts, and societal constructs at play in free exercise conflicts, and in the final chapters applies casuistry to two free exercise situations, spiritual healing methods applied to children, and ingestion of sacramental peyote in Native American Church rituals.
John Kekes
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780199588886
- eISBN:
- 9780191595448
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199588886.001.0001
- Subject:
- Philosophy, Moral Philosophy, Philosophy of Religion
This book is a response to the growing disenchantment in the Western world with contemporary life. It provides rationally justified answers to questions about the meaning of life, the basis of ...
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This book is a response to the growing disenchantment in the Western world with contemporary life. It provides rationally justified answers to questions about the meaning of life, the basis of morality, the contingencies of human lives, the prevalence of evil, the nature and extent of human responsibility, and the sources of values we prize. It offers a realistic view of the human condition that rejects both facile optimism and gloomy pessimism; acknowledges that we are vulnerable to contingencies we cannot fully control; defends a humanistic understanding of our condition; recognizes that the values worth pursuing are plural, often conflicting, and that there are many reasonable conceptions of well‐being. It emphasizes the importance of facing the fact that man's inhumanity to man is widespread. It rejects as simple‐minded both the view that human nature is basically good and that it is basically bad, and argues that our well‐being depends on coping with the complex truth that human nature is basically complicated. It argues that the scheme of things is indifferent to our fortunes and that we can rely only on our own resources to make what we can of our lives.Less
This book is a response to the growing disenchantment in the Western world with contemporary life. It provides rationally justified answers to questions about the meaning of life, the basis of morality, the contingencies of human lives, the prevalence of evil, the nature and extent of human responsibility, and the sources of values we prize. It offers a realistic view of the human condition that rejects both facile optimism and gloomy pessimism; acknowledges that we are vulnerable to contingencies we cannot fully control; defends a humanistic understanding of our condition; recognizes that the values worth pursuing are plural, often conflicting, and that there are many reasonable conceptions of well‐being. It emphasizes the importance of facing the fact that man's inhumanity to man is widespread. It rejects as simple‐minded both the view that human nature is basically good and that it is basically bad, and argues that our well‐being depends on coping with the complex truth that human nature is basically complicated. It argues that the scheme of things is indifferent to our fortunes and that we can rely only on our own resources to make what we can of our lives.
Robert J. Fogelin
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780195387391
- eISBN:
- 9780199866489
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195387391.001.0001
- Subject:
- Philosophy, History of Philosophy
This work is a narrative study of the interactions between Hume's naturalism and his skepticism as they unfold in the Treatise of Human Nature and the Enquiry Concerning Human Understanding. More ...
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This work is a narrative study of the interactions between Hume's naturalism and his skepticism as they unfold in the Treatise of Human Nature and the Enquiry Concerning Human Understanding. More specifically, it examines the way in which the relationship between Hume's naturalism and skepticism shifts dramatically as he delves more deeply into the operations of the human understanding. At first, Hume's skeptical arguments largely play a subservient role of eliminating intellectualist competitors to his naturalistic account of belief formation. This is true, with one minor exception, in the first three parts of book 1 of the Treatise. The situation changes radically in part 4 of book 1, where Hume's investigation of human faculties reveals them to be capricious and unreliable. Hume finds the situation so dire that he comes to question whether anyone, himself included, possesses mental faculties capable of producing a science of human nature. This is Hume's skeptical crisis. The remainder of the book examines Hume's various efforts to extract himself from this difficulty, ending, in the Enquiry, with the claim that a suitable mitigated, or moderate, form of skepticism can arise by bringing radical Pyrrhonian doubts into a proper balance with common instinctive beliefs.Less
This work is a narrative study of the interactions between Hume's naturalism and his skepticism as they unfold in the Treatise of Human Nature and the Enquiry Concerning Human Understanding. More specifically, it examines the way in which the relationship between Hume's naturalism and skepticism shifts dramatically as he delves more deeply into the operations of the human understanding. At first, Hume's skeptical arguments largely play a subservient role of eliminating intellectualist competitors to his naturalistic account of belief formation. This is true, with one minor exception, in the first three parts of book 1 of the Treatise. The situation changes radically in part 4 of book 1, where Hume's investigation of human faculties reveals them to be capricious and unreliable. Hume finds the situation so dire that he comes to question whether anyone, himself included, possesses mental faculties capable of producing a science of human nature. This is Hume's skeptical crisis. The remainder of the book examines Hume's various efforts to extract himself from this difficulty, ending, in the Enquiry, with the claim that a suitable mitigated, or moderate, form of skepticism can arise by bringing radical Pyrrhonian doubts into a proper balance with common instinctive beliefs.
Iain McLean
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199546954
- eISBN:
- 9780191720031
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199546954.003.0011
- Subject:
- Political Science, Comparative Politics, UK Politics
Creation of the Council of Europe in the shadow of Nuremburg. History of gradual UK incorporation. European Court of Human Rights. Human Rights Act 1998. Human rights and unpopular minorities. Growth ...
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Creation of the Council of Europe in the shadow of Nuremburg. History of gradual UK incorporation. European Court of Human Rights. Human Rights Act 1998. Human rights and unpopular minorities. Growth of a human rights culture among lawyers; unpopularity with politicians and media. The weak entrenchment of HRA 1998.Less
Creation of the Council of Europe in the shadow of Nuremburg. History of gradual UK incorporation. European Court of Human Rights. Human Rights Act 1998. Human rights and unpopular minorities. Growth of a human rights culture among lawyers; unpopularity with politicians and media. The weak entrenchment of HRA 1998.
William J. Talbott
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780195173482
- eISBN:
- 9780199872176
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195173482.003.0015
- Subject:
- Philosophy, Political Philosophy
This chapter retraces the history of moral development to show how it is possible for us to have discovered a meta-theoretical principle of moral improvement, the main principle. The main principle ...
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This chapter retraces the history of moral development to show how it is possible for us to have discovered a meta-theoretical principle of moral improvement, the main principle. The main principle explains why guarantees of the fourteen human rights on the chapter’s list would be moral improvements in any human society. The fourteen rights on the chapter’s list include almost all of the rights in the U.N. Universal Declaration of Human Rights, but also include a number of rights not in the UNUDHR. So the main principle helps to unify the rights in that document and points to future improvements. The chapter concludes with a reminder that the possibility of future moral improvement depends on there being lots of reasonable disagreement in the ongoing social process of the free give-and-take of opinion.Less
This chapter retraces the history of moral development to show how it is possible for us to have discovered a meta-theoretical principle of moral improvement, the main principle. The main principle explains why guarantees of the fourteen human rights on the chapter’s list would be moral improvements in any human society. The fourteen rights on the chapter’s list include almost all of the rights in the U.N. Universal Declaration of Human Rights, but also include a number of rights not in the UNUDHR. So the main principle helps to unify the rights in that document and points to future improvements. The chapter concludes with a reminder that the possibility of future moral improvement depends on there being lots of reasonable disagreement in the ongoing social process of the free give-and-take of opinion.
Andrew L-T Choo
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199280834
- eISBN:
- 9780191712876
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199280834.001.0001
- Subject:
- Law, Criminal Law and Criminology
The criminal courts have a power to stop a prosecution from proceeding altogether where it would be inappropriate for it to continue. This power to stay proceedings which constitute an abuse of the ...
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The criminal courts have a power to stop a prosecution from proceeding altogether where it would be inappropriate for it to continue. This power to stay proceedings which constitute an abuse of the process of the court has assumed great practical significance and is potentially applicable in many situations. There is at least one consideration of the abuse of process doctrine in virtually every major criminal trial today. This fully updated second edition of Abuse of Process and Judicial Stays of Criminal Proceedings blends doctrinal discussion with a thorough consideration of the underlying theory to provide a searching analysis of the theory and practice of abuse of process in England and Wales, with comparative examinations of many other jurisdictions including the USA, Canada, Australia, and New Zealand. This edition focuses in particular upon the profound impact of the European Convention on Human Rights on the judicial discretion to stay criminal proceedings. It explores substantial amounts of important recent case law, taking into account ECHR jurisprudence and discussions in English courts of the interplay between Article 6 ECHR and abuse of process.Less
The criminal courts have a power to stop a prosecution from proceeding altogether where it would be inappropriate for it to continue. This power to stay proceedings which constitute an abuse of the process of the court has assumed great practical significance and is potentially applicable in many situations. There is at least one consideration of the abuse of process doctrine in virtually every major criminal trial today. This fully updated second edition of Abuse of Process and Judicial Stays of Criminal Proceedings blends doctrinal discussion with a thorough consideration of the underlying theory to provide a searching analysis of the theory and practice of abuse of process in England and Wales, with comparative examinations of many other jurisdictions including the USA, Canada, Australia, and New Zealand. This edition focuses in particular upon the profound impact of the European Convention on Human Rights on the judicial discretion to stay criminal proceedings. It explores substantial amounts of important recent case law, taking into account ECHR jurisprudence and discussions in English courts of the interplay between Article 6 ECHR and abuse of process.
Shazia Choudhry
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199652501
- eISBN:
- 9780191739217
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199652501.003.0020
- Subject:
- Law, Family Law, Human Rights and Immigration
The effect of domestic violence upon children has become an issue of serious concern. Research has demonstrated that children can experience domestic violence not only as direct victims but also as ...
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The effect of domestic violence upon children has become an issue of serious concern. Research has demonstrated that children can experience domestic violence not only as direct victims but also as witnesses. The impact of the research on the effects of witnessing or experiencing violence on children has not been confined to so-called ‘intact’ families. It has also led to an increased awareness of the continued risks posed to child victims during post separation contact with the abusive parent. The concern is such that it has led to a number of calls for a legal presumption against contact in such cases, such as that adopted in New Zealand. Facilitating post separation contact between a child and a parent has generally been viewed as being in the best interests of the child and as a result is very rarely entirely refused. This chapter assesses the current legal response to the issue within the context of the relevant provisions of the Human Rights Act 1998 and the European Convention on Human Rights, and whether the implementation of a legal presumption against contact in cases involving domestic violence would represent a breach of those provisions.Less
The effect of domestic violence upon children has become an issue of serious concern. Research has demonstrated that children can experience domestic violence not only as direct victims but also as witnesses. The impact of the research on the effects of witnessing or experiencing violence on children has not been confined to so-called ‘intact’ families. It has also led to an increased awareness of the continued risks posed to child victims during post separation contact with the abusive parent. The concern is such that it has led to a number of calls for a legal presumption against contact in such cases, such as that adopted in New Zealand. Facilitating post separation contact between a child and a parent has generally been viewed as being in the best interests of the child and as a result is very rarely entirely refused. This chapter assesses the current legal response to the issue within the context of the relevant provisions of the Human Rights Act 1998 and the European Convention on Human Rights, and whether the implementation of a legal presumption against contact in cases involving domestic violence would represent a breach of those provisions.
Emilie M. Hafner-Burton
- Published in print:
- 2013
- Published Online:
- October 2017
- ISBN:
- 9780691155357
- eISBN:
- 9781400846283
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691155357.003.0004
- Subject:
- Law, EU Law
This chapter provides an overview of the most important nuts and bolts of the international human rights legal system, which generally resides within the structures of the United Nations. It first ...
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This chapter provides an overview of the most important nuts and bolts of the international human rights legal system, which generally resides within the structures of the United Nations. It first considers the most prominent international agreements that comprise the International Bill of Human Rights and their two treaty oversight bodies, the Human Rights Committee and the Committee on Economic, Social, and Cultural Rights. It then examines other human rights laws and treaties, along with the functions of the UN Office of the High Commissioner for Human Rights and the Human Rights Council. It also looks at universal criminal law and tribunals, regional human rights laws and institutions, and the human rights legal systems in Europe, the Americas, Africa, the Islamic world and Asia. The chapter concludes by explaining why the international law on human rights has been so popular and how the international human rights legal system works.Less
This chapter provides an overview of the most important nuts and bolts of the international human rights legal system, which generally resides within the structures of the United Nations. It first considers the most prominent international agreements that comprise the International Bill of Human Rights and their two treaty oversight bodies, the Human Rights Committee and the Committee on Economic, Social, and Cultural Rights. It then examines other human rights laws and treaties, along with the functions of the UN Office of the High Commissioner for Human Rights and the Human Rights Council. It also looks at universal criminal law and tribunals, regional human rights laws and institutions, and the human rights legal systems in Europe, the Americas, Africa, the Islamic world and Asia. The chapter concludes by explaining why the international law on human rights has been so popular and how the international human rights legal system works.
Allen Buchanan
- Published in print:
- 2003
- Published Online:
- April 2004
- ISBN:
- 9780198295358
- eISBN:
- 9780191600982
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198295359.003.0009
- Subject:
- Political Science, Political Theory
Ch. 8 argued for combining a rather restrained, justice‐based view of the unilateral right to secede, the Remedial Right Only Theory, with a much more supportive stance toward forms of ...
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Ch. 8 argued for combining a rather restrained, justice‐based view of the unilateral right to secede, the Remedial Right Only Theory, with a much more supportive stance toward forms of self‐determination within the state: various forms of intrastate autonomy. This chapter argues that the international legal order ought to acknowledge the importance of self‐determination by supporting intrastate autonomy, and also suggests that, apart from the role that international law should play, individual states should generally give serious consideration to proposals for intrastate autonomy. The chapter first makes the case for including in the domain of transnational justice the monitoring and enforcement of intrastate autonomy regimes under certain rather exceptional circumstances, and then, in the last section, suggests that even where principles of transnational justice do not require it, there are cases in which the international community might play a constructive role by providing diplomatic support and economic inducements or pressure to encourage the creation and well‐functioning of intrastate autonomy regimes. The five sections of the chapter are: I. Intrastate Autonomy and Transnational Justice; II. Indigenous Peoples’ Rights; III. Justifications for Intrastate Autonomy for Indigenous Peoples; IV. Basic Individual Human Rights as Limits on Intrastate Autonomy; and V. International Support for Intrastate Autonomy: Beyond the Requirements of Transnational Justice.Less
Ch. 8 argued for combining a rather restrained, justice‐based view of the unilateral right to secede, the Remedial Right Only Theory, with a much more supportive stance toward forms of self‐determination within the state: various forms of intrastate autonomy. This chapter argues that the international legal order ought to acknowledge the importance of self‐determination by supporting intrastate autonomy, and also suggests that, apart from the role that international law should play, individual states should generally give serious consideration to proposals for intrastate autonomy. The chapter first makes the case for including in the domain of transnational justice the monitoring and enforcement of intrastate autonomy regimes under certain rather exceptional circumstances, and then, in the last section, suggests that even where principles of transnational justice do not require it, there are cases in which the international community might play a constructive role by providing diplomatic support and economic inducements or pressure to encourage the creation and well‐functioning of intrastate autonomy regimes. The five sections of the chapter are: I. Intrastate Autonomy and Transnational Justice; II. Indigenous Peoples’ Rights; III. Justifications for Intrastate Autonomy for Indigenous Peoples; IV. Basic Individual Human Rights as Limits on Intrastate Autonomy; and V. International Support for Intrastate Autonomy: Beyond the Requirements of Transnational Justice.
Ruth Abbey
- Published in print:
- 2000
- Published Online:
- February 2006
- ISBN:
- 9780195134087
- eISBN:
- 9780199785766
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195134087.001.0001
- Subject:
- Philosophy, History of Philosophy
This book offers a close study of the works that have come to be known as constituting Friedrich Nietzsche’s middle period: Human, All Too Human, Daybreak, and the first four books of The Gay ...
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This book offers a close study of the works that have come to be known as constituting Friedrich Nietzsche’s middle period: Human, All Too Human, Daybreak, and the first four books of The Gay Science. Some of the value in reading these works is genealogical — they show how the later Nietzsche became the thinker he did. A related benefit of reading them is the help they give in avoiding generalizations about Nietzsche — views and attitudes associated with Nietzsche come to be seen as peculiar to one of his periods or some of his texts. However, it is also argued that these are rich and fruitful works, deserving attention in their own right. The Nietzsche delivered by a reading of these works is a more careful, moderate, and modest thinker than he is usually interpreted to be. In these works, Nietzsche offers many subtle psychological insights, and has a powerful sense of the dialogical nature of identity. He values relationships like marriage and friendship, and eschews some of the misogyny, individualism, and elitism of the later works.Less
This book offers a close study of the works that have come to be known as constituting Friedrich Nietzsche’s middle period: Human, All Too Human, Daybreak, and the first four books of The Gay Science. Some of the value in reading these works is genealogical — they show how the later Nietzsche became the thinker he did. A related benefit of reading them is the help they give in avoiding generalizations about Nietzsche — views and attitudes associated with Nietzsche come to be seen as peculiar to one of his periods or some of his texts. However, it is also argued that these are rich and fruitful works, deserving attention in their own right. The Nietzsche delivered by a reading of these works is a more careful, moderate, and modest thinker than he is usually interpreted to be. In these works, Nietzsche offers many subtle psychological insights, and has a powerful sense of the dialogical nature of identity. He values relationships like marriage and friendship, and eschews some of the misogyny, individualism, and elitism of the later works.
Fred Campano and Dominick Salvatore
- Published in print:
- 2006
- Published Online:
- May 2006
- ISBN:
- 9780195300918
- eISBN:
- 9780199783441
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195300912.003.0009
- Subject:
- Economics and Finance, Development, Growth, and Environmental
This chapter compares the living standards between countries. Per capita comparisons and the estimation of international poverty thresholds are discussed in light of purchasing power parity and ...
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This chapter compares the living standards between countries. Per capita comparisons and the estimation of international poverty thresholds are discussed in light of purchasing power parity and market or official exchange rates. The United Nations Development Programme’s Human Development Index is discussed.Less
This chapter compares the living standards between countries. Per capita comparisons and the estimation of international poverty thresholds are discussed in light of purchasing power parity and market or official exchange rates. The United Nations Development Programme’s Human Development Index is discussed.
Roger Masterman
- Published in print:
- 2013
- Published Online:
- January 2014
- ISBN:
- 9780197265376
- eISBN:
- 9780191760426
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197265376.003.0005
- Subject:
- Law, Human Rights and Immigration
The notion that the protections afforded by domestic courts pursuant to the Human Rights Act should ‘mirror’ the rights enforced by the European Court of Human Rights has been a recurring feature of ...
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The notion that the protections afforded by domestic courts pursuant to the Human Rights Act should ‘mirror’ the rights enforced by the European Court of Human Rights has been a recurring feature of judicial discussions on the nature and extent of the ‘Convention rights’ in domestic law, and has exercised a powerful influence over how those rights have been given legal effect. This chapter argues that the mirror principle is based on an overly narrow interpretation of the purpose of the Human Rights Act, provides an inadequate foundation for the development of domestic rights jurisprudence, and is an increasingly inaccurate description of judicial and constitutional practice.Less
The notion that the protections afforded by domestic courts pursuant to the Human Rights Act should ‘mirror’ the rights enforced by the European Court of Human Rights has been a recurring feature of judicial discussions on the nature and extent of the ‘Convention rights’ in domestic law, and has exercised a powerful influence over how those rights have been given legal effect. This chapter argues that the mirror principle is based on an overly narrow interpretation of the purpose of the Human Rights Act, provides an inadequate foundation for the development of domestic rights jurisprudence, and is an increasingly inaccurate description of judicial and constitutional practice.
Merris Amos
- Published in print:
- 2013
- Published Online:
- January 2014
- ISBN:
- 9780197265376
- eISBN:
- 9780191760426
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197265376.003.0006
- Subject:
- Law, Human Rights and Immigration
In recent years, there has been considerable discussion of the dialogue which takes place between UK courts, adjudicating in claims brought under the Human Rights Act 1998, and the European Court of ...
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In recent years, there has been considerable discussion of the dialogue which takes place between UK courts, adjudicating in claims brought under the Human Rights Act 1998, and the European Court of Human Rights. This chapter examines the characteristics of this relationship and, utilising case law examples, considers the question of whether the metaphor of dialogue is entirely accurate. Also considered are the outcomes, both actual and potential, from a dialogue between national courts and a supranational court. It is clear that dialogue can have an impact on the creation of human rights norms, judicial power, and the legitimacy of human rights law. The UK example is employed to illustrate these outcomes in practice, and also to highlight the potential pitfalls of extensive dialogue with a supranational court.Less
In recent years, there has been considerable discussion of the dialogue which takes place between UK courts, adjudicating in claims brought under the Human Rights Act 1998, and the European Court of Human Rights. This chapter examines the characteristics of this relationship and, utilising case law examples, considers the question of whether the metaphor of dialogue is entirely accurate. Also considered are the outcomes, both actual and potential, from a dialogue between national courts and a supranational court. It is clear that dialogue can have an impact on the creation of human rights norms, judicial power, and the legitimacy of human rights law. The UK example is employed to illustrate these outcomes in practice, and also to highlight the potential pitfalls of extensive dialogue with a supranational court.
Helen Fenwick
- Published in print:
- 2013
- Published Online:
- January 2014
- ISBN:
- 9780197265376
- eISBN:
- 9780191760426
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197265376.003.0013
- Subject:
- Law, Human Rights and Immigration
This chapter considers proposals for changes that might be made by a British Bill of Rights, as compared with the Human Rights Act, under the Coalition government, or a future Conservative ...
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This chapter considers proposals for changes that might be made by a British Bill of Rights, as compared with the Human Rights Act, under the Coalition government, or a future Conservative government. It considers views expressed by Conservative spokespersons prior to and after the 2010 general election, and answers given by members of the Bill of Rights Commission to the Political and Constitutional Reform Committee in 2011. This chapter also touches on the second aspect of the Commission's remit — its advisory role on reform of the European Court of Human Rights. It questions whether adopting a Bill of Rights on the lines favoured by the Conservative leadership, combined with the Strasbourg reforms recently determined on, would be likely to realise Conservative aims of creating divergence from Strasbourg and enhancing parliamentary autonomy.Less
This chapter considers proposals for changes that might be made by a British Bill of Rights, as compared with the Human Rights Act, under the Coalition government, or a future Conservative government. It considers views expressed by Conservative spokespersons prior to and after the 2010 general election, and answers given by members of the Bill of Rights Commission to the Political and Constitutional Reform Committee in 2011. This chapter also touches on the second aspect of the Commission's remit — its advisory role on reform of the European Court of Human Rights. It questions whether adopting a Bill of Rights on the lines favoured by the Conservative leadership, combined with the Strasbourg reforms recently determined on, would be likely to realise Conservative aims of creating divergence from Strasbourg and enhancing parliamentary autonomy.
Susanne Karstedt
- Published in print:
- 2021
- Published Online:
- May 2021
- ISBN:
- 9780197266922
- eISBN:
- 9780191938184
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197266922.003.0002
- Subject:
- Law
Prisons across the globe are manifestations of inequality. In any society, its most marginalised groups are overrepresented in prisons and all institutions of criminal justice. Notwithstanding this ...
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Prisons across the globe are manifestations of inequality. In any society, its most marginalised groups are overrepresented in prisons and all institutions of criminal justice. Notwithstanding this universal condition of contemporary criminal justice, the link between social inequality and inequality of punishment has been found to be tenuous and elusive. This contribution addresses the question how socio-economic inequality shapes the manifestations of punishment for a global sample of countries. As socio-economic inequality and criminal punishment are both multi-faceted concepts, several indicators are used for each. The findings confirm the highly contextual nature of the link between inequality and criminal punishment; they suggest a variegated impact of political economies, and a multiplicity of mechanisms that link inequality and criminal punishment across the globe.Less
Prisons across the globe are manifestations of inequality. In any society, its most marginalised groups are overrepresented in prisons and all institutions of criminal justice. Notwithstanding this universal condition of contemporary criminal justice, the link between social inequality and inequality of punishment has been found to be tenuous and elusive. This contribution addresses the question how socio-economic inequality shapes the manifestations of punishment for a global sample of countries. As socio-economic inequality and criminal punishment are both multi-faceted concepts, several indicators are used for each. The findings confirm the highly contextual nature of the link between inequality and criminal punishment; they suggest a variegated impact of political economies, and a multiplicity of mechanisms that link inequality and criminal punishment across the globe.
Edward O. Wilson
- Published in print:
- 2007
- Published Online:
- January 2007
- ISBN:
- 9780195310726
- eISBN:
- 9780199785179
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195310726.003.0006
- Subject:
- Religion, Religion and Society
Edward O. Wilson is a public intellectual and the best-selling author of On Human Nature, Sociobiology: The New Synthesis, Biophilia, Consilience: The Unity of Knowledge, and many other books. Wilson ...
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Edward O. Wilson is a public intellectual and the best-selling author of On Human Nature, Sociobiology: The New Synthesis, Biophilia, Consilience: The Unity of Knowledge, and many other books. Wilson is also a world authority on ants. In 1990, in collaboration with the German biologist Bert Hölldobler, Wilson published the Pulitzer prize-winning The Ants, a massive work of 732 beautifully illustrated pages. Moving beyond ants, he has expanded into the study of social insects, social animals, and human beings. Wilson is also known as an environmentalist and for his work in evolutionary psychology.Less
Edward O. Wilson is a public intellectual and the best-selling author of On Human Nature, Sociobiology: The New Synthesis, Biophilia, Consilience: The Unity of Knowledge, and many other books. Wilson is also a world authority on ants. In 1990, in collaboration with the German biologist Bert Hölldobler, Wilson published the Pulitzer prize-winning The Ants, a massive work of 732 beautifully illustrated pages. Moving beyond ants, he has expanded into the study of social insects, social animals, and human beings. Wilson is also known as an environmentalist and for his work in evolutionary psychology.
