Expression Of Rights Research Articles

Limited Communitarianism and the Merit of Afro-communitarian Rejectionism

Limited communitarianism is presented as an alternative to classical communitarianism in African philosophy. Bernard Matolino, the proponent of this view, argues that personhood can be attained with the constitutive features of the self leading the process, as against the historical, classical communitarian view that prioritises the sociality of the self. He posits that it is a personhood conceived through such view as limited communitarianism that can guarantee individual rights and prioritises the claims of the individual in African philosophy. Matolino’s claim is grounded on the view that Afro-communitarianism, as presented in the classical account such as the radical and moderate communitarianism of Menkiti and Gyekye, respectively, emphasises community essence in African philosophy and hinders the expression of rights. The claim of the classical view informs the nudge to question the relevance and compatibility of Afro- communitarianism with the complex, multicultural modern African societies. As a result, limited communitarianism rejects the mechanism of Afrocommunitarianism – essentialism. While limited communitarianism appears a rejection of what is known as Afro- communitarianism, which has earned it noncommunitarian labels such as being liberal and individualist, I argue that it is simply a well- argued form of moderate communitarianism that avoids the conundrum of community.

Situated Practices in the Construction of Language Technologies

A number of recent studies have pointed to the lack of both standard documentation and discipline-based codes of ethics to explain the ways in which the practices of data science have resulted in allocational and representational harms to user communities of language technologies. Yet relatively few researchers have undertaken the in-depth study of these practices in context. The need to empirically document the practices of data scientists remains pressing, as digital language technologies will only continue to grow in importance for the expression of rights and identity online and offline. This poster presents work in progress toward an ethnographic study of data scientists working on indigenous language technologies in Mexico. A background literature review covers data science for language technologies, interdisciplinarity in data science, ethical codes in computing, and documentation practices of data scientists. This work is viewed through the lens of Huvila’s (2009) ecology of information model, which supports the exploration of the situated and contextual affordances and constraints of information infrastructure and information work, both of which influence the possibilities for making knowledge claims. The results of the literature review suggest both structure and content for an interview protocol, which will lay the groundwork for further in-depth ethnographic work.

Delineating the Western Orders of Rights and Reason in Post‑Colonial Africa

Adherence to the fundamental tenets of Human Rights and advocacy of Democracy are the two traditionally entwined Western expressions of rights and reason that any state has to comply with to be treated as an egalitarian state. The degree of democratization in any state is to be gauged by its ability to give its citizens a fairly acceptable form of governance and a slew of natural rights and legal safeguards against human rights abuses, from which the idea of justice is to flow. Many of the African and Asian countries, that became sovereign states through the 1980s and 1990s and consequently came to be hailed as formal democracies, in reality, have only had a very perfunctory degree of democratization. In such circumstances, human rights, without the existence of a real democratic structure to uphold and sustain it, does not effectively translate into a charter of rights but would merely be retained as a set of flexible norms. It is in this context that the proposed paper intends to address the impact of globalization of the principles and values associated with the concepts of democracy and human rights in post-colonial African states. It also aspires to inquire into the need for an element of universality in the dialogues on human rights and democratization, so that they do not get reduced to mere synonyms for Westernization. Further, the reality and ambivalence surrounding the consolidation of democratic virtues along with the observance of human rights are best reflected in the exemplification of how the Sub-Saharan African country of Zimbabwe operated its “democracy”; both under its longest-serving President Robert Mugabe and post his unceremonious ouster following the coup d’etat on 14 November 2017. It would be interesting to study the political economy of transition in a country like Zimbabwe that, during and after its leading figure Mugabe, continues to pledge allegiance to a nationalist, post-colonial and populist anomaly of being principally antithetical to imperialism in all its forms while also being an anathema to the precepts of democracy, justice and human rights in practice.

Paesaggi intangibili, voi dite...


 
 
 
 ... And to think that it is precisely by working remotely that we would have discovered the fascination of absence ...
 Intangible landscapes, you say... With this term ‘intangible’ we define some material and immaterial landscapes that are expressions of rights acquired in our history at the price of struggles and sacrifices, whose value we want to preserve because they characterize our identity. As you know, I have always sustained that the substance of the landscape, if understood as a project, has forms and contents that it is not only possible, but dutyful to define, because it is also an eminently political issue, to be proposed to our country as a daily priority commitment.
 
 
 

Synergistic Effect Analysis of Ecological Protection and Environmental Law and Ecological Civil Code.

In order to further curb the damage to the ecological environment from the perspective of legal synergistic supervision, a synergistic analysis method between the ecological protection environmental law and the ecological Civil Code is proposed. Coordinated supervision, with the new Civil Code as the research background, from the perspective of interpretation, explores the solution to the problem of “ecological environmental damage” in the newly promulgated Civil Code for behavior that damages the ecological environment. The research results believe that, from the perspective of rights, environmental rights should be regarded as the concentrated expression of rights in the sense of private law in the ecological environment law. Article 1234 of the Tort Liability Section stipulates that “the state-specified agency or the law-specified organization” as the representative of environmental public interests proposes damage. The request resolves the legitimacy of relevant agencies and organizations as civil subjects to represent environmental public interests. Finally, it clearly stipulates the responsibility for ecological restoration, expands the way of undertaking tort liability caused by environmental damage, and solves the problem that it was limited to “restoration” in the past and could not be actually performed.

A QUASI EXPERIMENTAL STUDY TO ASSESS THE EFFECTIVENESS OF ASSERTIVENESS TRAINING ON LEVEL OF STRESS AMONG STAFF NURSES WORKING IN SELECTED HOSPITALS AT DISTRICT SANGRUR, PUNJAB.

INTRODUCTION: Stress is an emotional and physical response you experience when you perceive an imbalance between demand placed on you and your resources at a time when coping is important. Assertiveness means considered healthy behavior for all. “Assertiveness” is the appropriate expression of rights in such a way that respect the rights of others. Assertiveness training are designed as to improve an staff nurse's assertive beliefs and behavior, which can help the staff nurses changes how they view themselves and establish self-condence. METHDOLOGY: The research design was quasi experimental, one group pre-test and post-test design. The sample size was 50 and simple random sampling technique was used to select the samples in the study RESULT:The mean of pre-interventional level of stress is 49.58 and mean of post-interventional level of stress is 39.84. The mean difference of pre and post-interventional level of stress is 9.74. The standard deviation of pre and post-interventional level of stress is 6.86. The df is 49, and the t-test value is 9.938, and the table value is 2.02. CONCLUSION:The study concluded that, the level of stress during pre-intervention was high as compared to post-interventional level of stress. Hence, assertiveness training has positive effect on level of stress among staff nurses.

The politics of disaster vulnerability: Flooding, post-disaster interventions and water governance in Baltistan, Pakistan

This paper uses governance of water infrastructure in two settlements of Baltistan as an entry point to examine the co-production of power and vulnerability. Access to water and irrigated land is a critical factor in determining how the effects of disasters, such as flooding, are socially distributed within a community. At the same time, the governance of water is intimately linked to the longer-term politics of disaster vulnerability. We examine three different forms of disputes over water infrastructure where struggles over authority and social ordering materialise: (i) between and within settlements over access to a water resource; (ii) within settlements over post-disaster water infrastructure development and (iii) between a settlement and the district government over land, water rights and flood protection. The findings illustrate that the governance of water infrastructure involves continuous negotiations, contestations and disputes over access rights. Access to water resources as an expression of rights plays a key role in the recognition of authority relations. In particular, influential individuals seek to legitimise their leadership role in a settlement by representing the rights and interests of groups in the negotiation of these disputes. However, environmental variability and change, including disasters and post-disaster development interventions, alter perceptions of what constitute legitimate rights, and provide spaces for popular contestation of authority relations through silent non-compliance with decisions. The close interlinkages between material and non-material effects of a disaster are a key feature of the co-production of power and vulnerability. By adding authority relations to studies of village-level practices around disasters, we enrich our understanding of the co-production of power and vulnerability and how these dynamics unfold over time. It is only by investigating this co-production that a deeper understanding can be developed of the mechanisms through which vulnerability is either exacerbated or reduced for particular groups.

Major Problems and Countermeasures for the Establishment of Ecological Compensation Systems for National Key Ecological Function Areas

At the end of the 1990s China started to construct an ecological compensation system for national key ecological function areas. An eco-compensation system focusing on the “Transfer Payment of National Key Ecological Function Areas” has been established. The current eco-compensation system has played a positive role in improving the ecological environment of national key ecological function areas; but the ecological effect is weakening due to existing problems in the eco-compensation system such as unreasonable calculation of compensation standards, poor expression of rights and interests of stakeholders, simple sources of capital and modes of compensation. For better development, the eco-compensation system should be improved by (i) adhering to the combination of vertical compensation (oriented) and horizontal compensation (auxiliary) on the whole and establishing a transfer payment system of eco-compensation at national scale; (ii) defining the compensation standard according to ecological protection costs, development opportunity costs and ecological service values and adding indicators that reflect economic green transformation to evaluate compensation effects; (iii) gradually building a utilization system of eco-compensation funds in which multi-stakeholders participate and establishing a green development-oriented system to evaluate the performance of local governments; and (iv) cultivating a new business pattern where ecological services are the product, to grow the ecological service industry.

The E-Citizen and the State: Towards a Democracy in 140 Characters? An Attempt to Elaborate a Method of Regulation of the Cyber-Democratic Space

The future will be digital or will not be. The twenty-first century has been synonymous of the opening of the Internet and new technologies to a large part of the population both from the North and the South. Nowadays, it is almost impossible to avoid computers, Smartphone or tablets, but also social networks (Facebook, Twitter, Tumblr...) which have a key role in the development of digital democracy and civic expression.Indeed at the time of digital era, the citizen becomes transnational, timeless and (hyper) active. His voice rises and spreads widely. Violations of human rights and freedoms are now visible on a larger scale (as shown by Eric Snowden’s scandal, or the WikiLeaks Affair), revolutions transcend borders and their impact is broader (e.g the essential role played by social networks for the Arab Spring).However, digital technologies also present new challenges for democracy. New dematerialized risks are emerging such as cybercrime or cyber surveillance. The State must guarantee and ensure the protection of the e-citizen. These threats make necessary and urgent the creation and establishment of new forms of regulation of the Internet to support, maintain and enhance the emergence of a genuine cyber citizenship for a more efficient and vigorous democracy. This paper will aim to elaborate a method of regulation of the cyber-democratic space to ensure that the cyber space can remain at the service of the expression of rights and freedoms, cornerstones of the democracy.

Balancing more than backpacks: Communitarian ideas applied to educational expeditions

This paper examines the viability of using a communitarian framework within outdoor education practice, specifically in order to address the tension between individual rights and social responsibility that is frequently found on overnight (or multi-day) educational expeditions. The setting of educational expeditions offers rich potential for exploring concepts of how the expression of rights generates claims upon others and how an assumption of rights presumes certain responsibilities. The implications of utilising a communitarian framework in outdoor education is examined through the analysis of two educational expedition scenarios. The paper concludes that a communitarian framework, particularly the concepts of rights and responsibilities and the establishment of shared values, can be useful for facilitating discussion around the often messy and complex area of interpersonal dynamics on educational expeditions. In addition, the direct parallels between an expedition experience and society at large, viewed through a communitarian lens, offers educational relevance beyond the outdoor education experience.

Laicismo y liberalismo como paradigmas de interpretación de los derechos humanos. Reflexiones sobre la configuración de la libertad religiosa a la luz del debate francés sobre el velo islámico

The use of Islamic veil for girls in public schools of France has aroused animportant discussion about laicism, multiculturalism and religious freedom.This debate was under the scrutiny of the European Court of HumanRights, which issued several judgments about the problem. The requirementof neutrality, the fundamental principle of laicism, allows that theState, supposing to protect the freedom of conscience of no religious people,confines the exercise of religious freedom to the strict boundaries ofprivate life. At the same time, while requiring neutrality, the State is tryingto impose in the public arena a sort of civil religion, depriving of the rightof expression in religion matters. These two elements could be found notonly in the fathers and current thinkers of laicism, but in authors that,without this enrollment, are finally supporting the same conclusions. Theprincipal mistake that is under that is a conception of freedom derived fromthe Illustrated liberalism, an error that in the end is derived of a limitedconception of the man. The pretensions of these doctrines are impossibleto perform, because the religion cannot be relegated to the interior of manwithout to force the freedom itself. If some States continue following theseideas, will be no limits in the violation of the individual freedoms. Therefore,instead to see the religion as a “toxic” element in the social sphere,the relationship between State and religion should be marked for a positivelaicism. That implies a legitimate autonomy between them and to recognizethe positive value of religion for the individual and social life, an elementthat is so valuable to the point that is consecrated as a human right.

Immanent Law and the Juridical: Toward a Liberative Ontology of Human Rights

This article elaborates an ontology of human rights as immanent potential produced outside of modernist frameworks. We begin with a consideration of the political and juridical subject of human rights, the subjectus, whose relation to sovereign law is one of submission and supplication. We then examine three registers of “the law” that bear on the question of the subject, with a view to highlighting the distinction between law as a meditative, autopoietically sustained sovereign force, and as immanent production. Building on this conception of law as pure productivity, we propose an ontology of the subjectum for whom human rights are idiosyncratically produced acts of becoming or, in Spinozist terms, expressions of creative life force. While state and juridical forms may, through codification and re-presentation, attempt to contain and turn such open-ended possibility to their own ends, the material force of the subjectum, through its immanent expression of rights, carries the liberative potential to collapse sovereign force into its own expressive capacities. It is proposed, accordingly, that rights neither require nor depend on the ability to petition the state for legal status, but rather are produced within the forms of daily life of the multitude, that internally diversified social subject whose constitution and political action is premised neither on identity nor on appeals to sovereign power, but rather on what its singularities have in common.

The Concept of Pluralism in the case law of the ECtHR

Meanings of pluralism in different disciplines – Meaning in jurisprudence, esp. ECtHR – Feature of society and idea of society – Individual freedom v. group existence – Politics, religion, education – Pluralism as expression of rights and as guarantee of rights – Rejection of legal pluralism – Contradiction of elitist theory – State protection of pluralism and its limits

Changing Conceptions of Rights in the United States and the West

Among the most pronouncedfeatures ofthe American revolutionary generation, which culminated in the writing and adoption of the Constitution of the United States, were the introduction of the idea of individual rights as the basisfor political organization and the protection of those rights as a major task ofgovernment.' This idea, which now is uncritically accepted by conventional opinion, in itself represents only one conception of rights and must be understood as such. In this article, we will examine what is a conception of rights and how rights are justified In this exploration, we have to understand how each conception of rights is shaped by a particular view of the nature of man, a particular understanding of the sources of rights, and a particular direction for the expression of rights.

Content consideration in the distinction between assertive and aggressive behavior.

Attempts to distinguish assertive behavior from aggressive behavior independently of the consequences seem hindered by a limited conceptualization of assertiveness. Assertiveness is usually thought of as a right, but a behavioral analysis of rights behavior indicates the emission of functionally related obligation behaviors both prior to and after the emission of the rights behavior. When assertiveness is defined as a behavioral chain consisting of obligations and rights, the obligation behavioral components distinguish it from aggressiveness. The rights behavioral component, currently called “assertiveness,” is better termed “expressiveness” or “expressive behavior” to indicate that the entire assertive response includes more than the simple expression of rights.