Universal Obligation Research Articles

'You have to put a lot of trust in me': autonomy, trust, and trustworthiness in the context of mobile apps for mental health

Trust and trustworthiness are essential for good healthcare, especially in mental healthcare. New technologies, such as mobile health apps, can affect trust relationships. In mental health, some apps need the trust of their users for therapeutic efficacy and explicitly ask for it, for example, through an avatar. Suppose an artificial character in an app delivers healthcare. In that case, the following questions arise: Whom does the user direct their trust to? Whether and when can an avatar be considered trustworthy? Our study aims to analyze different dimensions of trustworthiness in the context of mobile health app use. We integrate O'Neill's account of autonomy, trust, and trustworthiness into a model of trustworthiness as a relational concept with four relata: B is trustworthy with respect to A regarding the performance of Z because of C. Together with O'Neill's criteria of trustworthiness (honesty, competence, and reliability), this four-sided model is used to analyze different dimensions of trustworthiness in an exemplary case of mobile health app use. Our example focuses on an app that uses an avatar and is intended to treat sleep difficulties. The conceptual analysis shows that interpreting trust and trustworthiness in health app use is multi-layered and involves a net of interwoven universal obligations. At the same time, O'Neill's approach to autonomy, trust, and trustworthiness offers a normative account to structure and analyze these complex relations of trust and trustworthiness using mobile health apps.

Penyelenggaraan Jaminan Produk Halal Pasca Pengesahan Undang-Undang Cipta Kerja Dan Implikasinya Terhadap Pelaku Usaha Mikro Di Provinsi Banten

The presence of the Job Creation Law in several articles provides provisions and implementation tools in implementing Halal Product Guarantees. Considering this rule is a new rule, it is also necessary to describe the implementation, impact and optimization of BPJP after post-provision in order to convince consumers and micro and small businesses actors to fully implement the provision. This research uses a descriptive qualitative research type. Descriptive qualitative methods adjust opinions between researchers and informants. The results of this research include explaining that the implementation of the Halal Product Guarantee after the Job Creation Law can be seen from the shorter time for inspections, halal testing and determination of fatwas. The Job Creation Law provides for a self-declaring mechanism for micro and small business accompanied by provisions for assistance by Halal Product Process (PPH) assistant. The impact of halal certification for micro business actors in Banten Province is a universal obligation for business actors to carry out halal certification, and the economic impact for many micro business actors in Banten Province is felt by the cheaper certification fees.

Obligation according to G. W. F. Hegel’ Doctrine

The article is devoted to the analysis of the nature of the category of obligation according to the doctrine of the German philosopher G. W. F. Hegel. The author emphasizes that using the two concepts "obligation" (Verpflichtung) and "duty" (Pflicht), G.V.F. Hegel believes that the first has a legal basis, while the second has a moral basis. The key difference between them is the presence of a certain mindset, that is, a subjective belief, setting. As for the categories "right" and "obligation", they eventually merge in the thinker and they are formally identified (who has no rights, has no obligations), condition and predict each other (although the scientist emphasizes their content difference). The factor of such value identification and fusion is mediation, that is, the presence of a certain external reality, thanks to which the right turns into an obligation, and the obligation into a right. In the relationship between the concepts of freedom and obligation, the role of the necessary condition for the existence of affirmative freedom is assigned to the obligation. After all, the obligation, in fact, is not a limitation of freedom, but only of its abstraction.
 At the same time, the obligation according to G. W. F. Hegel’ doctrine is closely intertwined with a number of ethical categories - good, conscience, virtue, etc. Good is the universal goal of the world and human activity in particular, and therefore it is the goal of setting and fulfilling obligations. Virtue is the state of a person for whom obligation has become a substantial attribute of his existence. Whereas conscience is a kind of "path" to understanding obligation and good.
 And finally, the philosopher is convinced that individuals have obligations towards the state to the same extent that they have rights. The internal strength of the state lies in the concept of the unity of obligation and right. The formula of the abstract universal obligation is reduced to the need to sacrifice oneself for the sake of preserving the individuality of the state. While maintaining the dominance of the whole (the state) over the part (the individual), the scientist, nevertheless, tries to show that the special interest of the individual should not be rejected, but also taken into account, to some extent adapted to the interests of the whole, collective, general. And it is possible in such a combination to achieve the dreamed good - both individual and social.

International Human Rights Protections Find Support in Hobbes’ Leviathan

In her paper “Sovereignty and the International Protection of Human rights”, Cristina Lafont argues that “The obligation of respecting human rights in the sense of not contributing to their violation seems to be a universal obligation and thus one that binds states just as much as non-state actors.” In this paper, I argue that one can find support for this claim in Thomas Hobbes’ Leviathan. This requires a different reading of Leviathan than the one that is typically performed by realist thinkers, such as, for instance, Morgenthau and Mearsheimer, who read Hobbes as someone who has no regard for human rights. Contrary to the realists, I suggest a reading of Leviathan that shows that there is in fact a normative underpinning of Hobbes’ view of sovereignty, to the extent that Hobbes can be taken to be one of the forerunners of international law. I do this by showing how Hobbes’ reasons for establishing sovereign power, and not his conclusions on how to organize sovereign power, may give support to Lafont’s claim that an obligation to respect human rights is not confined to the sovereign state, but also to extra-state institutions.

Прямое действие Конституции: особенности российской модели в сравнительной перспективе

The differences in the interpretation of the direct effect of a constitution are mainly caused by the peculiarities of understanding the essence of the constitution and the rule of law, the relation between the national, supranational and international law in a legal system, the specifics of the perceived constitutional concept of basic rights, the limits of private autonomy and the action of constitutional rights in public and private relations. Furthermore, a model of constitutional review and the national judicial system play a key part. The American approach, based on the distinction between common law and constitutional law, creates difficulties in the constitutionalization of the common law. These problems, along with the peculiarities of American federalism, are reflected in the state action doctrine as a tool outlining the mechanisms and limits of constitutional rights and the state’s duties to protect them. However, the solution of the question about the horizontal application of the Constitution depends, rather, not on objective criteria, but the discretion of the court. A different model of the direct action of the Constitution and basic rights has been developed in the German legal system. The Federal Constitutional Court of Germany opened the way for the constitutionalization of sectoral legislation, as well as for the recognition of the mediated horizontal action of constitutional rights in private relations. Post-socialist states developing within the continental legal family, mostly without any reservations, accepted the idea of direct action of the Constitution and fundamental rights in vertical and horizontal relations. This is largely due to the socialist tradition: the Constitution is not perceived as an act addressed to the state, but is regarded as an act addressed to the whole society. In this regard, the current Russian Constitution enshrines the universal obligation for public and private actors to observe the Constitution and allows it to be applied in private relations. The principle of the direct effect requires the court to detect possible conflicts and solve them, using available constitutional means. This mechanism of courts applying the Constitution still needs fine-tuning. In this regard, the issue of ensuring that courts apply the Constitution continues to be a challenge for Russia.

Lights, power and the moral economy of early medieval Europe

By the beginning of the early Middle Ages the convention that each church should have a light burning at all times on the altar was strongly established. This paper examines how elites promulgated this idea and benefitted from their ability to furnish lighting material (oil and wax) when this was becoming scarce and expensive. This seeming generosity helped to give the power of rulers a moral quality, but at the same time their insistence that to provide for the lights was a universal obligation meant that the social base of those who could provide for the lights broadened. It is argued here that growth in the number and types of people giving for the lights diluted the moral power that came from giving, but that it also allowed a much broader section of society to participate in the moral economy.

Associative Solidarity, Relational Goods, and Autonomy for Refugees: What Does it Mean to Stand in Solidarity with Refugees?

Associative Solidarity, Relational Goods, and Autonomy for Refugees: What Does it Mean to Stand in Solidarity with Refugees?

The Territorial Defense Force in the fight against terrorism – institutional and legal issues

The Territorial Defense Force is of great interest to politicians, the media and public opinion. A great deal of misinformation and misconceptions have arisen about the subject related to the newly created type of the Polish Armed Forces. Therefore, the aim of the article is to familiarize the reader with the role, place and tasks of the Territorial Defense Force in the national system of combating terrorism based on the provisions of the law in force in Poland. The article attempts to determine the opportunities and threats under the provisions of the Act on Anti-Terrorism of June 10, 2016, and the Act amending the Act on the Universal Obligation to Defend the Republic of Poland and certain other acts of November 16, 2016, to the Territorial Defense Force and for the security of the country. Comparative analysis of the legal acts mentioned above seems necessary for a better understanding of the peculiarities of the operation of the Territorial Defense Force in the Polish legal system and the security system.

The Duty to Care for the State of the Environment in Polish Constitutional Regulations

According to the Polish constitutional tradition, regulations concerning the duties of man and citizen can be found in chapter II of the Constitution of the Republic of Poland devoted to the rights and freedoms of the Polish Constitution, specifically in Articles 82-86 inclusive. The Constitution devotes relatively little space to its duties, and the catalog indicated therein is not extensive. The purpose of articulating obligations in the Constitution of the Republic of Poland is primarily to emphasize the most important ones from the point of view of the state, society and individual. In each country, some constitutional obligations are addressed only to citizens, while others are imposed on all who are subject to the authority of a given country. The Constitution of the Republic of Poland also does so. Indicated in art. 86 the obligation to care for the state of the environment and responsibility for its deterioration is in the group of universal obligations in terms of subject, which are imposed on every person who is within the jurisdiction of the Republic of Poland. This study is an analysis of the concept of environment, care for the state of the environment and the provisions of the constitution on this subject.

Reconstructing Mozi's Jian'ai 兼愛

This article examines Mozi's 墨子 doctrine of Jian'ai 兼愛. The secondary literature on Mozi's Jian'ai has been written primarily based on the Mengzian contrast between Mozi's Jian'ai as love without distinctions and Ruist ren 仁 (benevolence) as love with distinctions. According to Mengzi's simple appraisal of love without distinctions, Mozi's Jian'ai has been interpreted as prescribing strict universal obligations, meaning that all beings have the same ethical duties toward all other beings. However, it is argued here that Mozi's Jian'ai is a complex and multilayered system that promotes universal obligations and, at the same time, incorporates particular obligations as well. It is also shown that it embraces all the characteristics of impartiality, inclusivity, and universality.

LEGAL BASIS OF SCHOOL SPORTS IN POLAND IN THE YEARS 1947–1997 – SELECTED ASPECTS

After almost six years of a consumptive Poland, World War II, the Polish society began to rebuild the basic, destroyed structures of the country. Deep political transformations have undergone fundamental state structures, including education and sport. The National Council was involved in issues of Physical Education was already involved in 1945. At its 9th session, proposals about protection of health and physical education were presented. They were at a time when the Temporary Government of National Unity had already introduced decrees: the creation of offices and boards of physical education and military adoption, and the universal obligation of physical education and military adoption. The establishment of the Seym in early 1947 resulted in further changes in organizational structures of physical culture. The Act on the Universal Obligation of Vocational Enrollment, Physical Education and Youth Adoption, and the Organization of Physical Culture and Sports, was the impetus for major changes. In 1949, another resolution dissolved all the hitherto centralized institutions of physical culture by appointing the Main Committee of Physical Culture in their place. The aim of this article is to discuss issues related to the statutes adopted during that period and the ordinances which regulated all matters related to the development of widely understood school sport in Poland since 1947 to 1997.

Readiness of nursing students to screen women for domestic violence

BackgroundAlthough domestic violence against women is common in Israel and elsewhere, and though medical staff in Israel have a universal obligation to screen women for domestic violence, actual screening rates remain low. ObjectivesTo examine which variables affect nursing students' intention to screen women for domestic violence when providing treatment, and whether the Theory of Planned Behavior (TPB) developed by Ajzen (1991) predicts this intention. DesignThis study is a quantitative cross sectional study. SettingsA large academic nursing school in central Israel. ParticipantsA convenience sample of 200 nursing students who had completed at least one year of studies took part in the study. MethodsStudents completed a questionnaire based on the TPB. ResultsNursing students showed high intention to screen women for domestic violence when providing treatment. Normative beliefs, subjective norms, behavioral beliefs, perceived control, and knowledge were found to affect students' intention to screen women for domestic violence. The opinion of the clinical instructor was most significant for students. ConclusionsThe theoretical model predicted 32% of students' intention to screen women for domestic violence, with normative beliefs being the most significant variable.

A practical approach to assessment of the base power contracts and peak power contracts for a distribution utility

Abstract Mix of long term and short term contracts are essential in the portfolio optimisation of the distribution utility for meeting the unrestricted demand of the consumers at the minimum cost. Opening up of power market and the increasing open access transactions in India has made it essential to the distribution utilities to have optimum operation strategy for keeping the competitiveness in the industry. Further, the distribution utilities in India are also mandated with universal supply obligation, due to which the meticulous planning in long term has become more significant for their survival itself. Another aspect to be considered is the social impact on the cost optimisation of electricity procurement as the electricity consumption has direct links to the industrialisation and living comfort of the people. The gestation period of conventional generators is more than five years. Transmission line construction also requires a time span of 3 to 4 years from concept to completion. The influx of renewable energy characterised by the short gestation period, poor predictability and high degree of forecast error are also to be considered. Hence the portfolio optimisation problem becomes more of a management decision than a technical solution of constraint based mathematical modelling. The basic requirement for application in the electricity industry is that the method shall be simple and robust. After considering the several options available the authors have identified modified load profile forecast as the most suitable means for long range forecast of demand. The model relies on the suppression of local peaks when the demand is unitised and then deriving the cardinal points on a linearised load curve from the energy forecast. The method was applied with the actual demand of Kerala and the results are found to be good.

Os direitos humanos na formação do profissional de medicina

<p>Este artigo tem como escopo investigar a introdução do referencial dos direitos humanos na formação de profissionais de Medicina. Os passos metodológicos adotados nesta pesquisa envolvem duas abordagens: uma teórica, sobre a interconexão entre Medicina e direitos humanos, e outra empírica, que objetivou levantar os estudos sobre a conexão entre direitos humanos e Medicina na produção literária brasileira, bem como identificar a incorporação do referencial dos direitos humanos nas Diretrizes Curriculares Nacionais de Medicina e analisar os conteúdos de direitos humanos presentes nas matrizes curriculares dos Cursos de Graduação em Medicina do Distrito Federal. Concluiu-se que é fundamental que profissionais sejam formados na cultura dos direitos humanos, porquanto serão médicos mais atentos à obrigação universal de respeito às diferenças constituintes da identidade de cada um e ao fato de que o exercício da Medicina não é assistencialismo, caridade ou beneficência, mas sim a materialização do direito humano à saúde. As pesquisas empíricas demonstraram que ainda há a escassez de estudos sobre a interconexão entre direitos humanos e Medicina, bem como embora haja a menção expressa aos direitos humanos nas Diretrizes Curriculares Nacionais, ainda há uma lacuna quanto a sua inserção nas matrizes curriculares dos Cursos de Graduação em Medicina. No que toca aos Cursos de Graduação em Medicina do Distrito Federal embora haja alguns que contemplem a formação humanística, não há expressamente a incorporação do referencial dos direitos humanos em suas matrizes curriculares.</p>

Are Muslims Obligated to Engage in Holy War?

In the early twenty-first century, some—Muslims and non-Muslims alike—believe that Islam requires Muslims to engage in holy war or Jih d. This article concludes that this early twenty-first century notion that Muslims are obligated to wage holy war is based on a failure to appreciate that Jih d was never a universally agreed upon concept in Islam nor was there ever a universal obligation to participate in Jih d. In order to support the assertion that Muslims are not obligated to engage in holy war, this article looks to canonical texts from the anaf School of Islamic Law from the ninth through the fourteenth century CE. These texts are called Fatw collections because they compile legal opinions on a wide variety of matters. The first observation that the article presents is that some of these canonical Fatw collections do not even address the question of Jih d while other Fatw collections treat Jih d in at least three different ways. Thus the article demonstrates that the earliest Muslim legal scholars of the anaf School did not share a uniform understanding of what constitutes holy war nor did they agree on who is obligated to become a holy warrior. Indeed, the article concludes that early legal scholars especially disagreed on the obligation to engage in Jih d and on who qualifies to call for Jih d. Hence it is false to claim that Muslims are obligated now (or have ever been obligated) to engage in Jih d. * Professor of Law and Professor of Sociology, Vanderbilt University. ** Doctoral Candidate, Emory University. The authors would like to acknowledge Professor Devin Stewart for his valuable insights and comments on this article. 377fiu_11-1 S heet N o. 5 S de B 048/2016 1011:02 37792-fiu_11-1 Sheet No. 5 Side B 04/28/2016 10:11:02

African Indigenous Knowledge Systems and Human Rights: Implications for Higher Education, Based on the South African Experience

ABSTRACTAfrica has rich traditions and knowledge systems founded on the principles of caring for one another and the spirit of mutual support embedded in the African philosophy of Ubuntu. These collective values tend to be marginalised in international human rights standards built on western values. The standards were developed without broad-based consultation of the different value systems in Africa. Therefore, in order to inspire sustainable implementation among diverse cultures, dialogue to develop universal human rights and obligations based on the diversity of cultures and ways of knowing is needed. Using South Africa's experience at two universities, the extent to which these institutions have attempted to incorporate African indigenous knowledge systems (AIKS) and human rights into the higher education curriculum is investigated. The implications for higher education and the human rights and development paradigms built on western knowledge systems are investigated. North-West University has been the pioneer of integrating AIKS into higher education in South Africa and is the only higher education institution in South Africa with an accredited IKS Teaching Programme at both undergraduate and postgraduate levels – which has been notably successful, albeit with some challenges. AIKS has also been integrated into research and teaching at the University of KwaZulu-Natal and has registered significant successes since 2012. The need to embed AIKS in the curriculum of higher education institutions is affirmed.

Comparative Review on the Legal Protection Provided to Institutionalised Children in the South Asian Region

Legal systems around the world differ in the manner in which they deal with their obligations towards children in need of care and protection (CNCP), as well as children in conflict with the law (CCWL). Every State has a universal obligation to ensure that the rights of institutionalised children are protected effectively regardless of the type of institution responsible for their protection. Central and State Ministries of Child Welfare and Development or any other Governmental Institution for that matter bearing the responsibility of the well-being of children need to facilitate and equip the States with effective policy-making instruments and not only implement, supervise, monitor, evaluate but also strengthen any type of institution that is willing to provide care and support whenever other alternative care options are not in place. For children in institutionalised settings, minimum well-being standards, effective juvenile justice mechanisms, comprehensive system of laws, active societal support and participation and most importantly, the notion of children as subjects of rights and protection are some necessary factors safeguarding their interests.

Are Muslims Obligated to Engage in Holy War?

In the early twenty-first century, some — Muslims and non-Muslims alike — believe that Islam requires Muslims to engage in holy war or Jihad.This article concludes that this early twenty-first century notion that Muslims are obligated to wage holy war is based on a failure to appreciate that Jihad was never a universally agreed upon concept in Islam nor was there ever a universal obligation to participate in Jihad. In order to support the assertion that Muslims are not obligated to engage in holy war, this article looks to canonical texts from the Hanafi School of Islamic Law from the ninth through the fourteenth century CE. These texts are called Fatwa collections because they compile legal opinions on a wide variety of matters. The first observation that the article presents is that some of these canonical Fatwa collections do not even address the question of Jihad while other Fatwa collections treat Jihad in at least three different ways. Thus the article demonstrates that the earliest Muslim legal scholars of the Hanafi School did not share a uniform understanding of what constitutes holy war nor did they agree on who is obligated to become a holy warrior. Indeed, the article concludes that early legal scholars especially disagreed on the obligation to engage in Jihad and on who qualifies to call for Jihad. Hence it is false to claim that Muslims are obligated now (or have ever been obligated) to engage in Jihad.

Mwalimu Julius Kambarage Nyerere's philosophy, contribution, and legacies

This article discusses Nyerere's African socialism (ujamaa), philosophy of education for total liberation of society, and philosophy of Pan-Africanism. The article argues that by actively using traditional African values and principles of communalism, collective production, egalitarian distribution, and universal obligation to work, Nyerere's philosophy of African socialism provided the socialist project with an indigenous African identity that was grounded in African historical memories and realities. Both the philosophy and the practice also presented the possibility of constructing socialism in non-European peripheral capitalist societies. A combination of hostile internal and external contradictions, past and present, however, made what was historically necessary historically impossible. Furthermore, the article demonstrates that Nyerere's philosophy of education challenged the relevance of colonial education and contributed to the global conversation about the pedagogy of liberation. In addition, the article maintains that Nyerere's philosophy of Pan-Africanism influenced Tanzania's unrivalled contribution to the total liberation of Africa.

A ‘Historical Commitment’? Identity and Ideology in Israel's Attitude to the Refugee Convention 1951–4

The paper examines and debunks the conventional wisdom that Israeli foreign policy incorporates a ‘historical commitment’ to the 1951 UN Refugee Convention. Particular Jewish interests and universal values, it is argued, led the newfound Jewish state to initiate the Convention, participate in its formulation, and promote its acceptance; Israel was, additionally, among the first states to sign and ratify the Convention. Against the backdrop of present-day discourse and competing perspectives on the Jewish motif in Israel's foreign policy, the paper traces the process of Israel's ratification of the Refugee Convention. Israel's attitude to the Convention, it finds, was characterised by delay, disinterest, indifference, even hostility. Moreover, neither particular interests nor universal values satisfactorily explain Israel's attitude. Rather, this attitude was the outcome of competing visions of Israel's identity and ideological interpretations of Jewish nationalism. Ideologically, the Convention validated yet at the same time also undermined Israel's particular identity as the state of refuge of the Jewish people and its ideological raison d’être in the world system. This ambivalence allowed Israeli diplomats to construct a logic of exemption under which the particularity of Israel's very existence as the state of refuge of the Jewish people represented complete performance of its universal obligations under the Convention.