In this essay I address three ways in which Edwards can inform Christian understanding of public life. First I show how Edwards provides both philosophical and theological rationales for social engagement and thereby resists the separation of religion from public life, and use his consideration of poverty as an illustration. Part II examines Edwards's dialectical treatment of patriotism, demonstrating both its importance to the Christian life and its susceptibility to deceptive accommodation to culture. Finally, in Part III I discuss Edwards's (...) use of "national covenant," which despite its temptation to chauvinism Edwards used to undermine national pride. In the conclusion I assess what we can use from Edwards for contemporary Christian understandings of public life. (shrink)

Historians Against History was first published in 1967. Minnesota Archive Editions uses digital technology to make long-unavailable books once again accessible, and are published unaltered from the original University of Minnesota Press editions. Professor Noble examines the basic philosophy and writing of six American historians, George Bancroft, Frederick Jackson, Charles A. Beard, Carl Becker, Vernon Louis Parrington, and Daniel J. Boorstin, and finds in them a common tradition which he calls anti-historical. He argues that this viewpoint is founded in the (...) frontier interpretation of American history, that American historians have served as the chief political theorists and theologians of this country since 1830, and that their writings can be interpreted as Jeremiads designed to preserve a national covenant with nature. (shrink)

In this paper I explore the relationship between the Canadian state and Canada’s First Nations, in the context of the Canadian health care system. I argue that Canada’s provision of health care to its citizens can be best understood morally in terms of a covenant, but that the covenant fails to meet the needs of indigenous peoples. I consider three ways of changing the relationship and obligations linking Canada’s First Nations and the Canadian state, with regard to health (...) care- assimilation, accommodation and separation. I argue that all of these options create problems, and at present there is a good argument for working with the status quo, accepting that First Nations are outside the covenant, and securing the state’s commitment to their health care on the basis of their citizenship and the liberal principle of equal treatment of citizens by the state. (shrink)

Philosophers are usually expected to argue only from premises acceptable to a secular audience, in ways that require no special commitment beyond that to the value of argument itself. As a philosopher, I see no particular reason to deny myself the opportunity to argue from other, more `sectarian', premises, in ways now unfamiliar to an unbelieving nation. In so doing I may (as theistical philosophers often do) sound more traditional than many theologians.

Canada’s population is aging, and seniors constitute the fastest growing demographic in the nation. The chronic health conditions, limited social support, functional decline, and cognitive impairment experienced by seniors may necessitate admission to a personal care home (PCH) setting up until the time of their death. The ethical problems that arise in the care of dying patients are numerous and complicated. The care of dying seniors in PCHs, however, is largely provided by frontline workers such as healthcare aides (HCAs), who (...) usually have little training in palliative care or ethics. Research examining the identification and resolution of ethical problems in care of the dying has been conducted from the perspectives of nurses and physicians in various clinical settings, but the voice of HCAs in PCHs is virtually absent from clinical ethics. Given that the inability to satisfactorily resolve ethical issues in clinical practice is associated with feelings of guilt, powerlessness, avoiding contact with patients, failing to provide good physical care, and increased staff turnover, an empirical examination of HCAs’ experiences of ethically challenging situations is warranted.We conducted a phenomenological study to access the lived experience of HCAs (N=12) working in proprietary and nonproprietary care homes as they encountered situations they deemed ethically challenging in providing end-of-life care to dying seniors. The findings reported here explicate: (1) the types of situations that are ethically problematic for HCAs; (2) the meanings they assign to these situations, and (3) the impact such situations have on the provision of end-of-life care. (shrink)

This article brings together the United Nations’ International Covenant on Economic, Social and Cultural Rights (ICESCR) and John McMurtry’s theory of value. In this perspective, the ICESCR is construed as a prime example of “civil commons,” while McMurtry’s theory of value is proposed as a tool of interpretation of the covenant. In particular, McMurtry’s theory of value is a hermeneutical device capable of highlighting: (a) what alternative conception of value systemically operates against the fulfilment of the rights enshrined (...) in the ICESCR; (b) the increased relevance of the ICESCR with regard to the current global economic crisis; (c) the parameters to determine the degree to which the rights at issue have been realized. Reflections on environmental implications of both the ICESCR and McMurtry’s axiology conclude the article. (shrink)

This paper argues that the EuropeanCourt of Human Rights couldserve as a model for an international court ofhuman rights to be builtupon the United Nations Committee on HumanRights. It argues that theconcerns states might have over the surrenderof a significant portion oftheir national sovereignity might be lessenedif such an internationalcourt were to incorporate the margin ofappreciation doctrine employed bythe European Court of Human Rights. Thisdoctrine is intended to respectthe customs and traditions of sovereign statesin dealing with humanrights issues, while (...) maintaining that somerights such as the right not tobe tortured will be considered as basic andwill stand independently ofthe customs and traditions of sovereignstates. (shrink)

This article contends that the environmental release of genetically engineered (GE) animals with heritable traits that are patented will present a challenge to the efforts of nations and indigenous peoples to engage in self‐determination. The environmental release of such animals has been proposed on the grounds that they could function as public health tools or as solutions to the problem of agricultural insect pests. This article brings into focus two political‐economic‐legal problems that would arise with the environmental release of such (...) organisms. To address those challenges, it is proposed that nations considering the environmental release of GE animals must take into account the underlying circumstances and policy failures that motivate arguments for the use of the modified animals. Moreover, countries must recognize that the UN International Covenant on Civil and Political Rights and the UN International Covenant on Economic, Social and Cultural Rights place on them an obligation to ensure that GE animals with patented heritable traits are not released without the substantive consent of the nations or indigenous peoples that could be affected. (shrink)

Since the founding of the UN, the protection of human rights has been a national and international challenge. In international human rights covenants, State Parties firstly commit themselves to respecting human rights in their respective constitutional area and to protecting and possibly incorporating them into the relevant constitution, but, secondly, they also submit to an international control. National protection is usually organized by different institutions, but also accompanied by critical NGOs and the national civil public. International protection (...) is on the one hand implemented by a number of international organizations and institutions, but on the other hand is accompanied by a critical, now regionally and internationally operating public. This includes a number of permanent NGOs, but also ad hoc groups, tribunals and the various media and anonymous campaigns on the Internet and the social networks. This paper examines the functions and tasks of such concomitant national and international public spheres and tries to assess their importance for the protection of human rights. (shrink)

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

The hypothesis of this article is that Sarah was the equal of Abraham in establishing the faith of the Hebrew nation, and therefore, she was also a party to a constitutive covenant that was most likely concealed and omitted from the canonical version of the Bible. First, this article introduces research claims regarding Sarah’s central role as a formative leading matriarch. The article then goes on to examine the significance of the tradition of the covenant with Abraham in (...) terms of cultural symbolism. And finally, the article tries to identify this symbolic significance in the Hebrew scriptures in a feminine context, assuming that ritual or ceremonial expressions may be associated with Sarah’s covenant as a founding matriarch in Israel’s religion and heritage. (shrink)

During the last few months of his life James Dundas, first Lord Arniston (c. 1620–79), wrote a monograph on moral philosophy. It appears never to have been mentioned in any work whether academic or otherwise. It includes a discussion promoting three doctrines against Hobbes. First, that something is simply good and something is simply bad, and that the first rule of morals is not self-love, but the glory of God. Secondly, the state of nature is not a state of war. (...) Thirdly, contra Hobbes, the chief point in natural law is not that each person has a right to use all ways and means to preserve himself. This paper probes Dundas's arguments for his three doctrines. (shrink)

This book is divided into four parts with a total of nine chapters, all of which had been previously published, some as far back as 1959. The first part, entitled "Custom versus Ideal: A Case Study in the Evolution of Law and Mores," includes two articles dealing with "The Negro in Our Law." The second part, "Of Obligation: The Citizen and the Law," also contains two articles addressing, independently, the problems of civil disobedience and the relation between the lawyer and (...) his client. The third part on "Ethical Problems of Economic Policy" includes one article comparing British and American legislation against restraint of trade, one article on the ethics of competition, and one discussing the social responsibilities of business corporations. Finally, the fourth part, entitled "Force and Morals in International Relations," consists of a single paper asking whether the United Nations Charter is not going the way of the League of Nations Covenant. (shrink)

This article examines Presbyterian interpretations in Scotland and Ireland of the Scottish Reformations of 1560 and 1638–43. It begins with a discussion of the work of two important Presbyterian historians of the early nineteenth century, the Scotsman, Thomas McCrie, and the Irishman, James Seaton Reid. In their various publications, both laid the template for the nineteenth-century Presbyterian understanding of the Scottish Reformations by emphasizing the historical links between the Scottish and Irish churches in the early-modern period and their common theology (...) and commitment to civil and religious liberty against the ecclesiastical and political tyranny of the Stuarts. The article also examines the commemorations of the National Covenant in 1838, the Solemn League and Covenant in 1843, and the Scottish Reformation in 1860. By doing so, it uncovers important religious and ideological linkages across the North Channel, including Presbyterian evangelicalism, missionary activity, church–state relationships, religious reform and revival, and anti-Catholicism. (shrink)

The article discusses the rights of minorities in the system of the International Covenant on Civil and Political Rights. It establishes a conceptual distinction between universal rights, specific rights of minorities in general and specific rights of particular minorities. Universal rights correspond to all individuals (e,g,, “no one shall be subjected to torture”) or all groups of a certain class (e.g., “all families are entitled to protection”). Minority groups and their members are entitled to these rights in the same (...) way as any other individual or group. Specific rights of minorities in general are granted to minority groups (e.g., “minority groups have the right to speak their own language”) or their members (e.g., “persons belonging to a minority group have the right to speak the language of the group”). Finally, specific rights of particular minorities are granted to specific groups identified by their characteristics (e.g., “the linguistic minority X has the right to speak the X language”) or their members (e.g., “any member of the linguistic minority X has the right to speak the X language”). Treaties and international declarations often refer to universal rights and specific rights of minorities in general. However, these rights are usually recognised in broad terms, and their implementation may lead to the recognition of specific rights in favour of particular minorities or their members. Protection of minorities (in the broad sense of the expression) is based on two pillars: on the one hand, the protection against discrimination; on the other hand, the protection of minorities in the strict sense. The first pillar is an aspect of the general principle of nondiscrimination and requires respect for both formal and substantive equalities. The protection of minorities in the strict sense involves the preservation of their particular identity. The purpose of the equality in a formal sense is achieved through universal rights, to the extent that these are granted to minority groups and their members. On the contrary, to achieve equality in a substantive sense, it could be necessary to implement positive measures. The implementation of these measures will usually lead to the recognition of specific rights of minority groups or their members. Finally, the protection of the distinctive characteristics of the minorities will also be done through specific rights. Thus, on the one hand, there are rights, which are intended to protect the minority forms of life (i.e. to protect differences), and, on the other hand, those that are intended to allow minorities equal access to different uniform social goods (i.e. to protect equality). Whereas the former ones seek to protect and promote the particularities of the minority culture (e.g., the right to receive education in their own language), the latter ones are recognised to overcome the disadvantages that minority groups and their members face and are not intended to promote peculiarities, but rather to permit equal access to resources and social opportunities. Article 27 of the International Covenant on Civil and Political Rights enshrines specific rights of minorities intended to protect and promote their own forms of life. Although economic rights are not mentioned (the article refers to the rights “to enjoy their own culture, to profess and practise their own religion, [and] to use their own language”), they may stem from the explicitly recognised rights. The rights recognised by the Covenant are not collective, but individual rights (“in those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right [...]”). The rights recognised in the Declaration of the United Nations General Assembly on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities are of the same nature. The principle of equality and non-discrimination is contained in Articles 2.1 and 26 of the Covenant. This principle forbids direct and indirect discrimination, be it de iure or de facto. As this is a universal right, minorities can also benefit from it. According to the Human Rights Committee, Article 27 imposes on States the adoption of positive measures that exceed an attitude of mere abstention. In the same way, positive measures may be necessary to make the principle of equality and non-discrimination effective. Although neither Article 27 nor Articles 2.1 and 26 refer to individuals belonging to a specific minority, the concrete implementation of these articles through positive measures may produce specific rights for persons belonging to particular minority groups. (shrink)

This essay explores what Jewish ethics has to say about globalization in relation to the AIDS crisis. Special attention is paid to the consequences in affirming current intellectual trends to transcend traditional limits in both society and thought for rethinking traditional Jewish values. The discussion proceeds from two presuppositions. The first is that there is an intimate connection between ethics, science, and politics. The second is that the history of Jewish ethics involves three distinct forms that are generally correlated but (...) rarely identical in content and moral judgment. These three forms are law, wisdom or virtue, and covenant. The discussion considers related issues of accidental connections in time between the bubonic plague and Zionism and between AIDS and homosexuality in relation to moral–theological issues related to divine providence and distributive justice. (shrink)

This article demonstrates the pre-eminent place the issue of interstate relations occupies in Carl Schmitt’s political thinking between the early 1920s and early 1940s. First, I discuss how Schmitt’s understanding of interstate relations develops from 1923 until the Nazi’s taking power. By focusing on his critique of imperialism and universalism in international law during this period, I reveal that his engagement with the Monroe Doctrine, the Covenant of the League of Nations and the Kellogg–Briand Pact results in a change (...) in his views in Roman Catholicism and Political Form in which he talks about the possibility of a world state in the form of a League of Nations with supra-state and supra-sovereignty powers. Second, I show to what extent the novel international circumstances created by the emergence of the Nazi rule leads him to elaborate the concepts of the Reich and the Groβraum in addition to his continuing engagement with the concepts of imperialism and universalism. By accentuating the development of his interest in the concepts of imperialism, universalism, the Reich and the Groβraum, I argue that the question of interstate relations is the sine qua non of Schmitt’s political thinking. I conclude by asserting that studying Schmitt’s political thinking in its connection with his interest in interstate relations provides a promising path for leftist political theorists to understand, explain and reimagine the contemporary global order. (shrink)

Micah 7:1-6 represents the prophet's lamentation of the deficiency of moral value in a beloved nation. The oracle is a watershed in the Book of Micah that is aptly characterised by certain degrees of socio-economic and religious unfaithfulness, especially in privileged circumstances. The oracle unit forms the darkest descriptions of degrees about the apparent moral wasteland of ancient Judah. The prophet's metaphors are used to describe the miserable moral morass of society form a kind of compendium with a progression of (...) thoughts and coherence of moral depravity. This article underscores that when people and society live in dishonesty and corruption, the essentially integrated spiritual-ethical-community of health and prosperity that is expected to unfold in time of covenant fidelity will eventually be reduced to poverty and despair, where people hunt each other for survival. This article explores aspects of dishonesty and corruption in the Book of Micah that are pointers to the tragic situation, analyses the various descriptions of corruption in the oracle unit and consequently examines its ethical imperatives for community living. CONTRIBUTION: As a biblical, literary and theological interpretation of Micah's oracle concerning ancient Judah's moral morass, this article brings together moral insights that are potentially viable for making major contributions to the life of people and just social order in an economics of affluence, politics of oppression and corruption in societies. (shrink)

In this paper, I argue that there is an inconsistency between the content of some of the labour-related human rights articulated in documents such as the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights and the obligations ascribed to various actors regarding those rights in the United Nations (UN) Guiding Principles on Business and Human Rights (UNGPs), in particular those ascribed to corporations. Recognizing the inconsistency, I claim, can help us see some (...) of the moral limitations of both familiar public responses to exploitative labour practices and influential philosophical accounts of the wrong of exploitation. In light of these limitations, I argue that there are reasons to accept a more expansive account of the human rights-related obligations of corporations than that found in the UNGPs, and in particular that we should accept that corporations have obligations to actively contribute to lifting people out of poverty. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Convention for Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Biomedicine: Convention on Human Rights and BiomedicineCouncil of EuropePreambleThe Member States of the Council of Europe, the other States and the European Community signatories hereto,Bearing in mind the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on 10 December 1948;Bearing in mind the (...) Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950;Bearing in mind the European Social Charter of 18 October 1961;Bearing in mind the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights of 16 December 1966;Bearing in mind the Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data of 28 January 1981;Bearing also in mind the Convention on the Rights of the Child of 20 November 1989;Considering that the aim of the Council of Europe is the achievement of a greater unity between its members and that one of the methods by which that aim is to be pursued is the maintenance and further realisation of human rights and fundamental freedoms;Conscious of the accelerating developments in biology and medicine;Convinced of the need to respect the human being both as an individual and as a member of the human species and recognising the importance of ensuring the dignity of the human being; [End Page 277]Conscious that the misuse of biology and medicine may lead to acts endangering human dignity;Affirming that progress in biology and medicine should be used for the benefit of present and future generations;Stressing the need for international co-operation so that all humanity may enjoy the benefits of biology and medicine;Recognising the importance of promoting a public debate on the questions posed by the application of biology and medicine and the responses to be given thereto;Wishing to remind all members of society of their rights and responsibilities;Taking account of the work of the Parliamentary Assembly in this field, including Recommendation 1160 (1991) on the preparation of a Convention on bioethics;Resolving to take such measures as are necessary to safeguard human dignity and the fundamental rights and freedoms of the individual with regard to the application of biology and medicine;Have agreed as follows:Chapter IGeneral provisionsArticle 1. (Purpose and object)Parties to this Convention shall protect the dignity and identity of all human beings and guarantee everyone, without discrimination, respect for their integrity and other rights and fundamental freedoms with regard to the application of biology and medicine.Each Party shall take in its internal law the necessary measures to give effect to the provisions of this Convention.Article 2. (Primacy of the human being)The interests and welfare of the human being shall prevail over the sole interest of society or science.Article 3. (Equitable access to health care)Parties, taking into account health needs and available resources, shall take appropriate measures with a view to providing, within their jurisdiction, equitable access to health care of appropriate quality. [End Page 278]Article 4. (Professional standards)Any intervention in the health field, including research, must be carried out in accordance with relevant professional obligations and standards.Chapter IIConsentArticle 5. (General rule)An intervention in the health field may only be carried out after the person concerned has given free and informed consent to it.This person shall beforehand be given appropriate information as to the purpose and nature of the intervention as well as on its consequences and risks.The person concerned may freely withdraw consent at any time.Article 6. (Protection of persons not able to consent)1. Subject to Articles 17 and 20 below, an intervention may only be carried out on a person who does not have the capacity to consent, for his or her direct benefit.2. Where, according to law, a minor does not have the capacity to consent to an intervention, the intervention may only be carried out with the authorisation of his or her representative or an authority or a person or... (shrink)

The article examines the practice of the applicability of the Article 18 of the International Covenant on Civil and Political Rights (hereinafter—ICCPR) and Article 9 of the European Convention on Human Rights and Fundamental Freedoms (hereinafter—ECHR). Through the case—law of the European Court on Human Rights (hereinafter—ECtHR) and insights of the Human Rights Committee the author is investigating the content and limits of the freedom of religion. The article examines in detail the limiting clauses to the freedom of belief (...) (national security, public order, public health, public morals) and the possibility to apply derogation clause. The author comes to the conclusion that due to the complexity of this right it is difficult to forecast the future developments of this right. The jurisprudence of the ECtHR is numerous as well as the decisions of the Court are often accompanied by dissenting opinions. Moreover, some potential cases related to the freedom of religion are not considered by the ECtHR as the admissibility criteria are not met. Therefore the author looks forward to the forthcoming jurisprudence of both—regional and universal human rights bodies. (shrink)

The view that research with competent adults requires valid consent to be ethical perhaps finds its clearest expression in the Nuremberg Code, whose famous first principle asserts that “the voluntary consent of the human subject is absolutely essential.” In a similar vein, the United Nations International Covenant on Civil and Political Rights states that “no one shall be subjected without his free consent to medical or scientific experimentation.” Yet although some formulations of the consent principle allow no exceptions, others (...) hold that informed consent is not always strictly necessary for ethical research. The U.S. federal regulations known as the “Common Rule,” which govern research with human subjects, lists several conditions for waiving consent. However, neither guidance documents on the ethics of clinical research nor the literature in bioethics contains a general justification of research without consent. The purpose of this paper is to advance a justificatory framework that will explain why research without consent is permissible in paradigmatic cases and that can be useful in analyzing cases about which there is disagreement. We argue that research without consent can be justified on two grounds: if it stands to infringe no right of the participants and obtaining consent is impracticable, or if the gravity of the rights infringement is minor and outweighed by the expected social value of the research and obtaining consent is impracticable. (shrink)

In confronting the insalubrious ramifications of globalization, human rights scholars and activists have argued for greater national and international responsibility pursuant to the human right to health. Codified seminally in Article 12 of the International Covenant on Economic, Social and Cultural Rights, the right to health proclaims that states bear an obligation to realize the “highest attainable standard” of health for all. However, in pressing for the highest attainable standard for each individual, the right to health has been (...) ineffective in compelling states to address burgeoning inequalities in underlying determinants of health, focusing on individual medical treatments at the expense of public health systems. This article contends that the paradigm of individual health, focused on a right to individual medical care, is incapable of responding to health inequities in a globalized world and thereby hampers efforts to operationalize health rights through public health systems. While the right to health has evolved in international discourse over time, this evolution of the individual right to health cannot address the harmful societal ramifications of economic globalization. Rather than relying solely upon an individual right to medical care, envisioning a collective right to public health – a right applied at the societal level to address underlying determinants of health – would alleviate many of the injurious health inequities of globalization. (shrink)

Margaret Reynolds: The Child in Poetry Ken Binmore: The Origins of Fair Play James Simpson: Bonjour Paresse: Waste and Recycling in Book 4 of Gower's Confessio Amantis Ian Hacking: Kinds of People: Moving Targets Adam Smith: Nation and Covenant: The Contribution of Ancient Israel to Modern Nationalism Louise Daston: The Marquis de Condorcet and the Meaning of Enlightenment R J Evans: Coercion and Consent in Nazi Germany Robert Douglas-Fairhurst: A E Housman's Rejected Addresses Bernard Bailyn: The Search for Perfection: (...) Atlantic Dimensions John Stachel: Einstein; Ian Donaldson, Shakespeare, Jonson and the Invention of the Author Neil MacCormick: Judicial Independence: Who Cares? Norman Hammond: Recovering Maya Civilisation Roy Foster: 'Now Shall I Make My Soul': Approaching Death in Yeats's Life and Work Robert Darnton: The Devil in the Holy Water: Political Libel in Eighteenth-Century France. (shrink)

This article focuses on the story of the transformation of the city called Zion. Isaiah 1:1–2:5 is the key to the book. This chapter describes the failure of Israel to be the people of God: Israel’s covenant breach, a corrupted cult and imminent punishment. It tells of the existence of two groups within Israel: the righteous remnant who would be saved and the wicked who would be judged. This chapter furthermore presents the reader with a picture of decadent Jerusalem (...) whose sacrifices are rejected and whose prayers are no longer accepted. Isaiah 1 contains a warning of judgement against Jerusalem, whereas Isaiah 2:1–5 sketches the prophetic hope for Zion, which would lead to a pilgrimage of the nations to receive the Torah on Zion. (shrink)

In the Acts of the Apostles, Paul twice evokes his rights as a Roman citizen. When he crosses from the jurisdiction of the Jewish to that of the Roman court, Paul in effect completes his definitive mapping of Jewish law as a local affair whose peculiar practices must be subsumed and refigured by the universal order promised by the Messiah to all nations. Paul's real and epistolary journeys to Rome effect a symbolic translation westward of Jewish civic themes, linking the (...) destiny of the Jews to the European political tradition. Yet Paul does so by evacuating the central mark of membership in Israel, namely the covenant of circumcision, of its continued validity. Rather than either salvaging Paul's universalism as the basis of modern democracy or critiquing his cultural politics, I use the concept of citizenship to begin calculating the consequences of Paul's multiple memberships in three distinct juridical orders: the Hellenistic city‐state, the nation of Israel, and the Roman Empire. My goal is not to re‐localize or de‐legitimate Paul's universalism in the name of individual cultures, but rather to recall the integral dream of universalism to its dialogue with diverse citizenship protocols, including Jewish ones, as well as to disclose the universal dimension of seemingly local civic rituals and routines. (shrink)

PHILOSOPHY OF HUMAN RIGHTS: HUMAN RIGHTS IN LIGHT OF THEIR INTERNATIONAL PROTECTION Summary The book consists of two main parts: in the first, on the basis of an analysis of international law, elements of the contemporary conception of human rights and its positive legal protection are identified; in the second - in light of the first part -a philosophical theory of law based on the tradition leading from Plato, Aristotle, and St. Thomas Aquinas is constructed. The conclusion contains an application (...) of the results of the analysis conducted in the second part. The first part comprises four chapters. The first aims at revealing characteristics of human rights on the basis of an analysis of historical conditioning of the inter-national law of human rights and its development. The historical context displays the practical, vindicative, and critical character of the positive legal protection of human rights. Moreover, the process of change of positive human rights law is distinguished from the process of change of human rights as such. In the second chapter the content of human rights - a topic which is only auxiliary to the conducted analysis - is discussed. Basic typology and catalogues of rights proclaimed in the Universal Declaration of Human Rights and protected in the International Covenants of Human Rights are presented. The review of the content of rights aims at a more precise limitation of the field of research. The examination shows a diversity of rights which poses a serious challenge to the coherence of every philosophical theory of human rights. In the third chapter, central in the first part, international law is analyzed with regard to the characteristics of rights and the foundations of them. The analysis of documents shows a number of solutions referring to the anthropological foundations of rights. The inherent dignity of the human person is the source of all human rights. Each human being is recognized as free, and endowed with both reason and conscience. In the propounded conception of man individuals are not rivals but create a community which is a condition for their development. International law characterizes the rights as universal, inherent, inalienable and inviolable. The reconstructed conception also comprises the following basic elements: on the level of the structure of rights, a recognition of their equality, interdependence, and comprehensiveness; in the grounding of these rights, a recognition of the anthropological foundations of law; in the conception of positive law, a recognition of the secondariness of the positive law of human rights to human rights themselves, and a recognition of human rights and justice as the basis for legal order; in the conception of state, a recognition of the well-being of the individual as the fundamental aim of actions undertaken by political institutions, and recogni¬tion of rights which form an impassable boundary to the power of the state, includ¬ing its legislative actions. The characterization of the international legal paradigm serving for the under¬standing of human rights is supplemented by analyses of the structure of their posi¬tive legal protection. Various meanings of the terms "right" and "freedom" are distinguished. Subjective right, as basic structure of the positive legal protection of human rights, is understood as a complex relation formed by various legal situations of the subject of a right which create a functional whole in respect of the subordi-nation of human person to its good. Subordinating person to a good proper for it, expressed usually in a proclamatory norm, is the central element of particular rights around which further elements aiming at the realization of this good are built. In the second part of the book a philosophical theory is developed which allows for the location of a coherent foundation for the presented characterization of human rights and their positive legal protection. This part consists of two chapters. The first includes a review of some - not entirely satisfactory - means of founding of human rights; the second presents philosophical conceptions of law and man which may form a basis for the constructed theory. The review of arguments contained in the first chapter does not aim at a detailed analysis of various specific ways of argumentation encountered in works on this subject but rather at a concise presentation of the main possible lines of argumentation. These analyses also serve to emphasize the positive solutions which are pro¬posed later and to underscore the explanatory power of the elaborated theory. This theory, retaining accurate intuitions contained in the presented types of argumenta¬tion, helps in avoiding their consequences which are difficult to reconcile with the reconstructed paradigm of human rights. Efforts to base human rights on the norms of international law rightly take into account the necessity of determining the content of the rights and their positive legal protection as a means for the realization of man's good. These attempts, how¬ever, do not properly take into account the inherent character of human rights, which are independent of positive law and provide grounds for applying specific legislative measures and not others. Founding human rights on freedom accurately points at the freedom of an indi¬vidual as a constitutive element of some rights; however, absolutization of freedom leads, to a loss of an important element of the contemporary paradigm of under¬standing human rights. This foundation undermines recognition of the fact that human rights may set limits to both the freedom of others and the freedom of the subject of rights itself. Additionally, attempts at the so-called axiological justification of human rights are discussed. This type of justification has a few variants depending on the as¬sumed conception of value. Subjectivistic conceptions have similar advantages and disadvantages to the conceptions basing human rights on freedom; objectivistic conceptions while providing for the universality of human rights place, the fundamental aim of human rights protection beyond the individual human being - in the idealistically existing world of values; finally, conceptions rooting values and human rights in culture, while accurately noting that human rights are learned through the medium of culture, place the source of human rights beyond a concrete individual - in culture and processes which take place in it - which leads to difficulties in finding a basis for the universality of rights. Furthermore, attempts to ground human rights in specific characteristics of the human being are presented. This type of approach points to an important problem of dependence of the content of rights on what man is. However, recognition of specific characteristics of a human being as an ontic foundation of the existence of rights poses a danger to their universality since one has to accept that it is not enough to be a man to be a subject of rights, but a man possessing specific charac¬teristics. The second chapter aims at outlining solutions worked out by Saint Thomas Aquinas. For a fuller understanding of his propositions selected elements of Plato's and Aristotle's philosophy are presented. It was them who formulated the founda¬tions for reflection on law and justice in the ontological context. A qualification is made that Stoicism is not be analysed in depth. Although Thomas' concept of law was undoubtedly developed under the influence of the Stoic doctrine as well, it is not in this that one should look for the tools to understand the ontic foundations of human rights and law in general since the Stoic moral philosophy and philosophy of law were developed in the context of a theory of being which assumed monistic and pantheistic premises as foundations, leading to the recognition of a total subor¬dination of the human individual to a larger unity of which man is only a part. The analysis of Plato's and Aristotle's texts concentrates on problems of justice. Plato seems to be the first philosopher who reflected on the formula basic in the history of European thought: to render to each his due. It appears that justice as both a characteristic of man and his acts is understood in the perspective of that which is just, that which is a good for another man - the recipient of the act. The basis for determining what is just is the relation of correspondence between some¬one and something. While in the case of Plato this relation is based on something beyond its terms, namely on ideas, in the case of Aristotle the relation occurs on account of the elements of the relation itself. Something is just when it contributes to the develop¬ment of the recipient of an act realizing that which is just. At the same time, the realization of that which is just is a good for the agent. In the analysis of the just two types of relation are revealed: the relation of due-to-recipient occurring on account of the compatibility of that which is due, with the recipient of the act; and - a "superstructure" - a relation of obligation-of-subject occurring on account of the compatibility of the acting subject with the thing which should be done. The basis for being that which is due is formed by various potentialities of development of man - the recipient of agency; the basis of being that which is an obligation is the possibility of development of the subject of action. Aristotle distinguishes various types of freedom and points to the necessity of taking them into account in the discussion of justice. Among other things, as the core of man's freedom, he considers life for its own sake, which can be seen as his expression of the basic indices of the autotelic character of man - which is funda¬mental for later conceptions of dignity. The freedom which is described by him is not, however, inherent and inalienable; being free is conditioned by a factual possi¬bility of undertaking actions, which are not solely means to the realization of aims set by others. Thomas Aquinas takes over the Aristotelian research perspective both in his conception of man and of law. At the same time, however, he significantly enriches it. In anthropology he develops a conception of personal being. Drawing upon his distinction between existence ("that something is") and essence ("what something is"), he sees the basis for being a person in the dignity of personal being which is a certain way of existence of a rational being more perfect than that of non-personal beings. The person is a being which, by virtue of its act of existence, is individual¬ized in a specific way. It is an aim in itself. Expressing it in a negative way, one may say that it does not exist as a means for the realization of the aims of others and, in this sense, that it is free. As distinct from Aristotelian conclusions, being a person is not conditioned by the specific actions of a being. Dignity is inherent, based on that which is the foundation of the factual existence of every rational being. Although freedom requires that a being is rational, dignity still encompasses all being, all its properties and potentialities. Thus an act conforming with dignity has to take into account a whole human being. Among different types of that which is just, ius, the first place, from the point of view of understanding law, falls to "the just thing itself ("ipsa res justa"), which is right in the full meaning of the word. On the one hand, it is that which is due; on the other hand, it determines the way of acting in the utmost degree, since the course of every act is determined in the fullest extent by its aim. The content of ius may be determined both by elements independent of free decisions - ius naturale - and by free decisions taking into account the state of things - ius positivum. Recognition of the objective structure of being as the basis of law does not entail that it is possible or desirable to determine unequivocally "the only right" patterns of conduct. This concept is very well justified within the system proposed by Saint Thomas. Individualization of being is a significant element of the develop¬ment of a person as a person. It is attained by the realization of individual aims which are not unequivocally determined by circumstances and the nature common to all people. By virtue of free choices made in the sphere of that which is not by its nature unjust, the object of action becomes ius. Since in the realization of the person the individualization of human being is central, Aquinas clearly sees the need for the protection of the sphere of "dominion of will". This sphere itself constitutes ius naturale, something which is due to man independently of the acts of will. Therefore "law should forbid nothing which is not unjust" ("nihil debet lege prohiberi quod licite fieri potest", In 3 Sent., dist. 40, q. I, a. 1, 3). Besides the relation of due-to-recipient, ius also includes the relation of obligation-of-subject which is superimposed on the relation of due-to-recipient. As far as the ontic foundations of obligation are concerned, in explaining why man is subordinated to realization of the good of others, Aquinas generally follows Aristotle in accepting that this basis is the subordination to moral good - to actions conforming with the learned truth about reality. Aquinas' systemic solutions allow, however, to reach deeper and understand why moral development is also a development of the whole human being. This was difficult within Aristotle's system, since he was reluc¬tant to decide whether precedence should be given to intellectual or moral develop¬ment. The inclination to realise good of another appears to be a transcendental characteristic of being, based on its very existence. Morality understood as rational and free subordination to realize the good of another is a specifically personal way of the realization of this inclination. Thus just actions contribute to the actualization of being in the aspect of its existence and therefore to the actualization of being as a whole. Thomas' conception of natural law (lex naturalis) as participation in eternal law (lex aeterna), offers possibilities for grasping that which is just as something which is basically accessible cognition, independently of Revelation and independently of faith in God, and at the same time as something based in eternal law, understood as a design of God's wisdom. Eternal law, embracing all particular actions, is not, from the human perspective, accessible cognition directly. It is enacted in the struc-ture of the created being and - in case of human beings - in free choices taking this structure into account. In the concluding remarks, the results obtained earlier are applied directly to the contemporary conception of human rights. Human rights are understood in the first place as "just things" - concrete goods of man; as that which is due because of subordination, based on dignity, to the personal development of man. That which is just is understood as a relational - actual or potential - state of things, which exists by virtue of existing relations. Evaluations referring to that which is right are true when respective relations of due-to-recipient take place; norms of conduct are true when respective relations of obligation-of-subject take place. Examples of the application of the sketched theory outside the field of human rights are also presented. Procedural consequences of the developed theory are shown, such as the discrimination of two types of legislative procedures which differ significantly in the structure of argumentation: the first aims at recognition of that which is just independently of the will of the legislator, and the second, at making individual or collective "projects" of development compatible. Finally the possibilities of applying the theory to the increasingly important problems of the protection of the environment and the "rights" of animals are mentioned. The central issue is a philosophical conception of man and his freedom and a conception of law. It is also indispensable to turn to a general theory of being. The search for a comprehensive theory of human rights requires attention to the Abso¬lute Being - God - as well. This is important for at least two reasons. First, a conception of the Absolute Being is integral to philosophy of the systemic type -of which the present book is a piece. A conception of the Absolute Being is signifi¬cant for understanding all being, including, first of all, man as a personal being. Second, every theory of human rights which does not comprise the problem of the Absolute may be questioned as to whether solutions adopted in it do not lead, in consequence, to eliminating God from the perspective of the understanding of law. It is desirable that a philosophical theory should deal with this problem directly. A theory which eliminates God from the perspective of the understanding of rights will be unacceptable for all those who, for philosophical reasons or relying on faith, consider God as the author of inherent rights. Nevertheless, a theoretical approach to rights from the perspective of the Absolute Being should only be a possible extension of a philosophical approach which bases rights on something which is cognizable independently of the acceptance of the existence of God so that the theory is also acceptable for those who reject the existence of God or suspend their judgment on this subject. The pursued theory should therefore contain, on the one hand, reference to natural, faith-independent foundations of human rights, but on the other hand, point to a possible extension accounting for the Absolute Being. The analyses contained in this chapter have undoubtedly some historical value since they are based on source texts. Nevertheless, the use of these texts and not critical works was dictated, first of all, by a conviction that analyses embrace a given theory in the aspect selected by the interests of the researcher. Therefore to find out what past thinkers say on the subject characterized in the first part it is simpler to reach to the sources than to adopt the existing critical works. The pre¬sented reconstruction of Aquinas' views on philosophy of law incorporates proposi¬tions of supplementing and developing some of the ideas undertaken by him. Obligation to act in this and not an other way arises because human actions are subordinated to the conformity, on the one hand, of aims realized by these actions and, on the one hand, the order of being determining that which is favourable to man or destroys him. The content of the order of being is, on the one hand, determined by the structure of being independent from man's will and, on the other, by free decisions of man. (shrink)

This paper describes the central role of peace in the Bahá’í Faith. For Bahá’ís, peace begins at the level of the individual and migrates outward to the community, nation, and the world. The article explains how the Bahá’í Faith outlines a covenant – an agreement between Bahá’ís and between Bahá’ís and the world – made manifest in an Administrative Order in which the ascertainment of peaceful principles and the establishment of peaceful practices are developed. The paper explains how concepts (...) like the oneness of humanity, the symbiosis between science and religion, and the unity of religion and God combine with ideals like justice, equality, and consultation to form a Bahá’í approach to the creation and maintenance of peace. Integration and disintegration – broad-structured, dynamic effects that shift societies and the world – will help to usher in two main aspects of a present and future Bahá’í order: the Lesser Peace and the Most Great Peace. The Lesser Peace is defined by the efforts of nations and international actors to form a broad-based, global peace. The Most Great Peace describes the arrival and ascendance of the Bahá’í Administrative Order, which will result in an unprecedented level of global peace and security. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Bioethics in Azerbaijan:History and Development of Bioethics in AzerbaijanAdelia Avaz gizi Namazova (bio) and Tarana Qadir gizi Taghi-Zada (bio)HistoryAzerbaijan is a unique country with a centuries-old culture and history; it is a country located at the junction of Europe and Western Asia, uniting economic and cultural relationships between two continents and harmoniously combining the elements of various civilisations and cultures. Peculiarities of the historical development of Azerbaijan and its (...) geographical location, as well as the ethnic composition of the population created an opportunity for the flourishing of various religions. Idolatry, fire worship, Zoroastrianism, Judaism, Christianity, Islam and other religions were spread in the country during different periods. The multinational and confessional state (also known as a multicultural state), with its unique cultural inheritance, provided the opportunity not only to adhere to traditions and customs of previous generations, but also to develop spiritual-moral values that created respect and tolerance towards other religions. As a result of this cultural synthesis throughout the centuries, universal ethical values such as respecting the dignity of all persons, veneration of elderly people by youth, and principals of mercy, care and love to those in need and in the closing stages of life evolved. Numerous sources of ancient manuscripts bear witness that poetry, philosophy and the ethics of medical practice have always been part of the searching and thinking in medicine.One of the ancient religions, Zoroastrianism, begins from fire worship and was revealed to the religious teacher and prophet Zoroaster (seventh century BC, Holy Book Zend-Avesta). According to the basic understandings of Zoroastrianism, there are two principles which are always contradictory—Kindness and Evil. [End Page 433] Zoroaster called upon people to be fair and pure, to fight any kind of unfairness and disgracefulness.The name of the healer Logman is covered with legends and is well known among different nations of the East. Across generations in Azerbaijan the name Logman has been used, inspiring the sharing of medical secrets and advice, cure of different illnesses and their prevention.1 This is witnessed by the Logman Covenants. The first covenant warns of excessive consumption of alcohol and food, educating people in hygienic practices and developing that culture. Another covenant is dedicated to the high mission of the medic: “Every kindness on this planet created people. The kind beginning is there where you have a doctor.”The basic principles of humanitarian behaviour of the doctor have also been described in an ancient manuscript of Azerbaijani literature, the national epic “Kitabi-Dede Qorqud” (seventh century), which provides advice on how to maintain one’s health in good condition, and the importance of spiritual purity, health and morals.Outstanding philosophers, poets and scientists of the ancient land of Azerbaijan, such as Bakhmaniyar ibn Marzaban (eleventh century), Omar Osmanoglu (eleventh century), Khatib Tabrizi (1030–1109), Khagani (1120–99), Nizami Ganjavi (1141–1209), Nakchivani (thirteenth century), Makhmud Shabustari (1287–1320), Seid YakhyaBakuvi (1410–62), Fizuli (1498–1556), Vagif (1717–97) and many others, described in their doctrines the difficult, selfless activities of doctors and the positive results and outcomes.6Back in the eleventh2 century, when madrasas or spiritual schools, where theology and medicine were taught and, ecclesiastics and tabibs (medics) were prepared and educated, a medical school was established in Azerbaijan’s old capital Shamakha. Here, under the guidance of the most famous doctor and pharmacologist in all the East, Omar Osman oglu, training and education of medical workers took place. Having been widely educated, Omar Osman oglu was an adherent of the moral principles declared by Logman and taught his students that the main goal of any doctor’s activities should be based on love towards the other person. His understanding of a medic’s behaviour was contrary to major customs of that time, saying: “Don’t deny your enemy. Heal him.” Omar Osman oglu inspired his students to undertake spiritual pureness, patriotism and service to the nation. “Bring benefit to the nation, even if it is contrary with your personal benefit”, “do not be egotistical”, “do not try to find your way to heaven and do not be afraid of hell” were his slogans.The famous poet Khagani (1120... (shrink)

With the independence of Republic of Macedonia and the adoption of the Constitution of Macedonia, the country went through a substantial socio-political transition. The concept of human rights and freedoms, such as religious freedoms in the Macedonian Constitution is based on liberal democratic values. The Macedonian Constitution connects the fundamental human rights and freedoms with the concept of the individual and citizen, but also with the collective rights of ethnic minorities, respecting the international standards and responsibilities taken under numerous international (...) human rights conventions and treaties, of which the country is a party. Republic of Macedonia has ratified all the so called “core human right treaties” and now the real challenge lies in the implementation of the international standards. Some of these international conventions and treaties of the United Nations and of the Council of Europe are inherited by succession from the former Yugoslavian federation. Religious freedoms are guaranteed by the Universal Declaration of human rights, the International Covenant on Civil and Political Rights, the European Convention on Human Rights, the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief. According to the Constitution of the Republic of Macedonia “The freedom of religious confession is guaranteed. The right to express one's faith freely and publicly, individually or with others, is guaranteed„. After the conflict of 2001 the Ohrid Framework Agreement secured group rights for ethnicities that are not in majority in the Republic of Macedonia. The present Law on the legal status of the church, religious communities and religious groups of 2007, repealed the Law on religion and religious groups of 1997. (shrink)

Even with the passage of time, the misguided motivations of highly educated, physician-participants in the genocide known as the Holocaust remain inexplicable and opaque. Typically, the physician-patient relationship inherent within the practice of medicine, has been rooted in the partnership between individuals. However, under the Third Reich, this covenant between a physician and patient was displaced by a public health agenda that was grounded in the scientific theory of eugenics and which served the needs of a polarized political system (...) that relied on this hypothesis to justify society’s racial hygiene laws. As part of the National Socialist propaganda, Adolf Hitler ominously argued that the cultural decline of Germany after World War I could largely be based on interbreeding and a “resultant drop in the racial level.” This foundational premise defined those who could be ostracized, labeled and persecuted by society, including those who were assimilated. The indoctrination and implementation of this distorted social policy required the early and sustained cooperation and leadership of the medical profession. Because National Socialism promised it could restore Germany’s power, honor and dignity, physicians embraced their special role in the repair of the state. This article will explore the imperative role, moral risks and deliberate actions of physicians who participated in the amplification process from “euthanasia” to systemic murder to medically-sanctioned genocide. A goal of this analysis will be to explore what perils today’s physicians would face if they were to experience the transitional and collective behaviors of a corrupted medical profession, or if they would, instead, have the fortitude and courage necessary to protect themselves against this collaboration. Our premise is that an awareness of history can serve as a safeguard to the conceit of political ascendency and discrimination. (shrink)

Resumo: O presente artigo sistematiza informações sobre a implementação do Programa Jovem de Futuro, PJF, na rede estadual de ensino no Pará, considerando suas implicações para o Direito Humano à Educação, DHE, de acordo com o proposto no Pacto Internacional sobre os Direitos Econômicos, Sociais e Culturais- PIDESC, que demarca quatro indicadores da ação estatal para a asseguramento do direito à Educação. São eles: Disponibilidade, Acessibilidade, Aceitabilidade, Adaptabilidade e, ainda, Controle Social incorporado na matriz de pesquisa. Em diálogo com tais (...) indicadores, coletamos informações em páginas oficiais da Secretaria Estadual de Educação do Pará e do ator privado responsável pela implementação do Programa, o Instituto Unibanco. Procedemos análise de documentos oficiais localizados nas referidas páginas, além de consultar a produção nacional sobre o PJF, com ênfase à sua consolidação no estado do Pará, no período de 2011-2018. A pesquisa de tipo qualitativa, apoiada em revisão bibliográfica, análise documental e coleta de dados de fontes primárias e secundárias, possibilitou a constatação de forte influência do setor privado na educação pública paraense, que direcionou a adoção de modelos de gestão empresarial para a obtenção de melhores resultados educacionais, com controle e monitoramento em todas as etapas do PJF, com sérias consequências ao DHE. Palavras-chave: Direito Humano à Educação; Jovem de Futuro; Instituto Unibanco; Privatização. The Jovem de Futuro program in Pará and the implications for the Human Right to Education – DHE Abstract: The article systematizes information about the implementation of the The Youth with a Future Program - PJF in the state education in Pará, considering its implications for the Human Right to Education - DHE, in accordance with what is proposed in the International Covenant on Economic, Social and Cultural Rights - ICESCR, which outlines four indicators of state action to ensure the right to education. They are: Availability, Accessibility, Acceptability, Adaptability and accountability incorporated in the research matrix. Related with these indicators, we collected information on official pages of the Pará State Department of Education and on the private actor responsible for implementing the Program, Instituto Unibanco. We proceeded to the analysis of official documents located on the referred pages, in addition to consulting the national academic production on the PJF, with emphasis on its consolidation in the state of Pará, in the period 2011-2018. Qualitative research, supported by a bibliographic review, document analysis and data collection from primary and secondary sources, made it possible to verify the strong influence of the private sector on public education in Pará, which led to the adoption of business management models to obtain better results. educational institutions, with control and monitoring at all stages of the PJF, with serious consequences for the DHE. Key-words: Human Right to Education; Future Youth; Unibanco Institute; Privatization. Programa Joven del Futuro en Pará y sus implicaciones al Derecho Humano a la Educación – DHE Resumen: La presente investigación sistematiza informaciones sobre la implementación del Programa Joven del Futuro – PJF en la red estatal de enseñanza de Pará, considerando sus implicaciones al Derecho Humano a la Educación – DHE, de acuerdo con lo propuesto en el Pacto Internacional sobre los Derechos Económicos, Sociales y Culturales – PIDESC, que demarca cuatro indicadores de acción estatal para el aseguramiento del derecho a la Educación. Son ellos: Disponibilidad, Accesibilidad, Aceptabilidad, Adaptabilidad y, aún, Control Social incorporado en la matriz de investigación. En diálogo con tales indicadores, reunimos informaciones en páginas web oficiales de la Secretaria Estadual de Educação do Pará y del actor privado responsable por la implementación del Programa, el Instituto Unibanco. Procedemos el análisis de documentos oficiales localizados en las referidas páginas, así como consultamos la producción nacional sobre el PJF, con énfasis a las consolidaciones en Pará, en el período de 2011 hasta 2018. La investigación de tipo cualitativa, apoyada en revisiones bibliográficas, análisis documentales y recopilación de datos de fuentes primarias y secundarias, posibilitó la constatación de fuerte influencia del sector privado en la educación pública paraense, que direccionó la adopción de modelos de gestión empresarial para la obtención mejores resultados educacionales, con control y monitoreo en todas las etapas del PJF, con serias consecuencias al DHE. Palabras-clave: Derecho Humano a la Educación; Joven del Futuro; Instituto Unibanco; Privatización. Data de registro: 02/05/2022Data de aceite: 26/10/2022. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Solidarity: From Civic Friendship to a Global Legal CommunityPaul HendricksonThe University of South Carolina. Hauke Brunkhorst. Cambridge: MIT Press, 2005. Pp. xxv + 262. $42.50, hardcover.Public appeals to solidarity have been pervasive throughout the storied history of political dissent and democratic politics. From the French Revolution and the European revolutions of 1848 to decolonization, Polish Solidarność, and the antiglobalization movement, solidarity has been invoked as a means of (...) reinventing citizenship, rights, and community. Yet political theorists have not generally accorded the concept of solidarity a degree of attention comparable to that afforded other core political concepts, such as freedom, equality, and deliberation. In Solidarity, Hauke Brunkhorst seeks to remedy this neglect, arguing that the concept of solidarity should be deemed fundamental to democratic theory and practice: "In modern societies, solidarity coincides with the concept of democracy" (xxiii). Brunkhorst presents this thesis as a corrective to current theory, but he also develops it—in the spirit of much Frankfurt School theorizing—as a Zeitdiagnose, as a timely diagnosis, regarding the threats globalization poses to democratic self-governance: "Power, law, and money are globalized [today] at the expense of democratic solidarity" (7).Solidarity, as Brunkhorst understands it, is a thoroughly modern concept. The "ideas of 1789"—in particular, the fraternité of the French Revolution—provided the historical foundation for an egalitarian and democratic model of solidarity. Over the course of the nineteenth century, the concept of solidarity [End Page 343] gradually replaced that of fraternity in the wake of industrialization. Drawing on Marx, Brunkhorst argues that what promoted working-class solidarity was "not the local sympathy of communal relations or the friendly affection... of a tightly structured polis," but rather the railway, the steamship, and the telegraph (60). Brunkhorst's historiography is woven into a broad social-theoretic framework. Following Durkheim, he reasons that the modern division of labor is not founded on the mechanical solidarity of Gemeinschaft, on a shared sense of affinity, ritual, and communal belonging, but on the organic solidarity of Gesellschaft, on the integration of an individualized, pluralist, and functionally differentiated society.To readers acquainted with contemporary German appropriations of the sociological tradition, many of Brunkhorst's conceptual moves will seem familiar. But his unique fusion of social-theoretic and historical argumentation yields a fascinating and novel characterization of solidarity. For Brunkhorst, solidarity is not a form of sentiment or emotional bond; it is not premised on compassion for "tormentable bodies" (Brecht) or on a "flexible feeling of sympathy" (Rorty); rather, "it is nothing but the democratic realization of individual freedom" (3). This normative model of solidarity is guided by the regulative ideal of a political association without domination; it envisages a polity in which the individual is neither servant nor master to her compatriots. As modes of governance become increasingly globalized, democratic forms of solidarity must reach beyond the rights traditions of particular nation-states to include a "human-rights patriotism."Brunkhorst traces this ideal back to Greco-Roman antiquity and the Judeo-Christian tradition. Drawing principally on the writings of Greek and Roman philosophers, he argues that civic friendship (philia) provided a space for mutual freedom, emancipated individuals from the bonds of kinship, generalized friendship into a form of patriotism (philia politike), and realized the universal essence of man as a political being. But this civic-republican model remained profoundly elitist, excluding the many on the basis of gender, class, and citizenship status. More suggestive and original is Brunkhorst's treatment of Jewish and Christian thought. The intersection between rhetoric and philosophy is central to his interpretation of the Exodus story and covenant theology as a form of collective countermemory and as a prophetic practice of critique. Through his reading of the Jotham fable and other biblical narratives, he argues that the Jewish prophets and the Christian New Testament avowed "the equal proximity of all humans to God" and contributed to a "prophetic project of egalitarian solidarity" (33, 36). [End Page 344]Brunkhorst's historical reconstructions culminate in the French Revolution. On his view, the otherworldly universalism of the Judeo-Christian tradition was secularized and institutionalized in the Declaration of the Rights of Man and Citizen (1789) and the first French... (shrink)

The present article revisits the issue of messianism, particularly as it finds its expression in the Davidic kingship tradition, that is, the belief concerning a Davidic Messiah. Since Old Testament messianic hope is inseparably associatied with the dynasty of David a study that traces the various perspectives concerning the Davidic Messiah chronologically and canonically can bring a contribution to this important Old Testament theme, too often neglected. Thus, the study shows that the belief in the coming of a Davidic Messiah (...) is a prominent eschatological theme in the Old Testament. Its roots can be traced back to the historical covenant made by Yahweh with David, which receives hyperbolic and symbolical dimensions in the royal Psalms, and a full-fledged eschatological orientation in prophetic writings. The monarchic prophets: Isaiah, Micah, Amos, and Hosea draw on the covenant promises to David to ground their message regarding the coming of a ‘new David’, who would destroy the wicked, protect the poor and oppressed, and institute an eternal era of peace, justice, and righteousness. In the context of the Babylonian exile, Jeremiah and Ezekiel foresee that God will bring forth a righteous ‘shoot’ of Davidic line to reunite the nation and shepherd God’s people. In the post-exilic period, Zechariah underscores the promise that David’s son will build a house for Yahweh, moving from the initial historical focus on Zerubbabel and his role, to the eschatological expectation of the one and only messianic figure that will bring the final restoration. (shrink)

The author emphasizes importance of the resolution of International Covenant of Economic, Social, and Cultural Rights by the General Assembly of the United Nations Organization on 16th December 1966, that took place at the same day as the resolution of International Covenant of Civil and Political Rights. This consists in overcoming of the doctrine of the 19th century that the development of economic and social rights presents a menace to the realization of political rights which connects in an (...) inseparable way both categories of the above mentioned rights. (shrink)

This study explores the phrase ‘sealed with the Holy Spirit’ of Ephesians 1:13 as a metaphor, which relates the status of the recipients with the seal. Past studies view that the metaphor teaches about covenant or unity in God’s protection, assurance, and ownership. This study hypothesises that the author uses metaphor to address the recipients who have a deeper sentiment with a seal meaning they are both Jewish and Gentile Christians but especially those who are slaves. The study combines (...) the Ephesians’ background, lexical, and exegetical analyses with the cognitive-linguistic metaphor exploration. The result shows that the metaphor ‘seal’ is closely related to the personal experience of the Gentile Christians especially the slaves more than to others as it teaches that the endowment with the Spirit makes them worthy and united in the same identity as God’s chosen people. Contribution: This article seeks to contribute to the ongoing challenges that Indonesian Christians face in manifesting their unity because of their diverse cultural or historical backgrounds as part of a formerly colonialised nation especially those who are underprivileged and live in rural areas. By recognising that God has redeemed, endowed them with the Holy Spirit, and united with each other, they are free from various status bondages, especially as a minority group among the largest Muslim population in the world. (shrink)

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

Sprat situated his analysis of the Royal Society within an emerging Anglican Royalist narrative of the longue durée of post-Reformation England. A closer examination of Sprat's own religious views reveals that his principal interest in the History of the Royal Society, as in the closely related reply to Samuel de Sorbière, the Observations, was to appropriate the advantages and benefits of the Royal Society as support for a re-established, anti-Calvinist Church of England. Sprat connected the two through a reformulation of (...) the powerful conventions of ‘Reformation’ and ‘Israel’, both of which still resonated strongly in the religious politics of the 1660s. Applying his voluntarist theology, Sprat changed especially the representation of the chosen nation from a tale of divine castigation and punishment to a rational and probabilistic covenant based on material success as the indicator of God's pleasure. Sprat proposed that the knowledge and application of nature, through the experimental labours of the Royal Society, could build an increasingly wealthy nation and so a permanent home for the reconfigured Israel. Attaching this to a renewed monarchical and Anglican state also meant security for the traditional forms of rule. (shrink)

The U.N. Convention on the Rights of the Child is among the most comprehensive of all international human rights covenants. It was adopted by the U.N. General Assembly in 1989, following a decade of discussion and debate relating to its content, and has now been ratified by every nation in the world except the United States. This level of endorsement and broad acceptance of its provisions establishes the articles of the CRC as global norms for the treatment of children and (...) standards for the dignity and respect that is due them. The CRC provides a global agenda for children and childhood and has been described as “an authoritative, universal definition of the rights of children and young people” (Hammarberg.. (shrink)

The discursive character of human rights prevents a precise summary of historical origin, rationale, or definition outside of the various codifications in religious texts, secular philosophies, founding national documents, and international treaties, charters, conventions, covenants, declarations, and protocols. Regarding the objects of human rights, we can speak of a “foundational five” 1) Personal security 2) Material subsistence 3) Elemental equality 4) Personal Freedom and 5) Recognition as a member of the human community. Despite, or perhaps because of its multivalence, (...) the concept of human rights has been criticized as “foundationalist,” “essentialist,” or “ethnocentric”—its universalism being used as a weapon against itself by critics of cultural imperialism. Even the tolerance discourses so popular in critical theory, however, gain their normative force from the same basic notion of individual or group rights. Notwithstanding these rhetorical abuses, the concept of human rights has proved robust as a doctrine of equality owing to its openness to a pluralism of justifications grounding the basic “goods” agreed as necessary for human development. (shrink)

Towards the end of the first world war, a “principle of self-determination” was proposed as a foundation for international order. In the words of its chief advocate, U.S. President Woodrow Wilson, it specified that the “settlement of every question, whether of territory, of sovereignty, of economic arrangement, or of political relationship” is to be made “upon the basis of the free acceptance of that settlement by the people immediately concerned and not upon the basis of the material interest or advantage (...) of any other nation or people which may desire a different settlement for sake of its own exterior influence or mastery” (Wilson 1927, 233). The principle played a significant role in deliberations about lands newly liberated by the first world war, and, in the aftermath of the second, it was enshrined within Article 1 of the United Nations Charter which called upon member nations “to develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples.” Its status within international law was further heightened by the 1966 Covenants on Civil and Political Rights and on Economic Social and Cultural Rights, whose first articles specify the following: “All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social, and cultural development.” In 1970, General Assembly Resolution 2625 added that, “every state has the duty to respect this right in accordance with the provision of the Charter.”. (shrink)

The question of resource allocation is particularly pertinent to the realisation of socioeconomic rights. Perceptions of the place of resource allocation impact the adjudication of these rights. This article departs from the premise that with the adoption of the Optional Protocol to the International Covenant on Economic, Social and Cultural rights allowing individual communications and the establishment of the African Court on Human and Peoples’ Rights, there will be an increase in resource allocation questions for adjudication. The article interrogates (...) the experience of national courts and examines potential lessons that can be adopted at the international level to overcome the reluctance that supra-national tribunals may have when adjudicating on states obligations to fulfil. (shrink)

This paper assesses the approach to indefinite detention adopted by the Australian government, suggesting that it is a product of incremental reasoning favouring procedure over observing substantive rights. Specific emphasis is given to the category of detainees deemed to be refugees, but assessed as a pressing security threat. The United Nations Human Rights Committee has found such approaches in violation of international law. Disproportionate measures, it is argued, have been taken regarding such a class of refugees, in direct violation of (...) the International Covenant on Civil and Political Rights. The trend towards such detention, however, is an international one, a security trend that defers legal judgment to that of the executive in what can be termed a form of governmentality in action. That trend received considerable impetus from the post-September 11, 2001 detention regime in Guantánamo Bay. (shrink)

Edward Snowden's revelations of massive data collecting surveillance conducted by the U.S. National Security Agency in June 2013 suggest that Franz Kafka's vision of a surveillance state has been globalised. A movement has developed in response to it urging reforms on an international scale. One feature of this debate lies in the idea of a global right to privacy. A global right to privacy suggests a global freedom from unjustified, bulk surveillance beyond the reaches of judicial oversight. While there (...) are international covenants protecting the right to privacy, opinions on how such a right is enforced differ. This paper examines the nature of such a privacy right, its universal feasibility, and the arguments against it. It argues that privacy must keep pace with the technological applications that undermine it. (shrink)

The Constitution of the World Health Organization affirms that “the enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being.” The Universal Declaration of Human Rights lays the foundations for the international framework for the right to health. This human right is now codified in numerous national constitutions, as well as legally binding international human rights treaties, such as the International Covenant on Economic, Social and Cultural Rights.Although medical care and (...) access to medicines are vital features of the right to health, almost two billion people lack access to essential medicines, leading to immense avoidable suffering. Improving access to essential medicines could save 10 million lives each year, four million of them in Africa and South-East Asia alone. Gross inequity is a shocking feature of the world pharmaceutical situation. (shrink)

Ukraine has left a prominent mark in world religious history. I will not begin to substantiate my opinion here broadly, but I believe that it was Ukraine that gave way to Eastern Christianity, which ensured the preservation of Orthodoxy as its specific denomination. Moreover, in the thirteenth century, through its resistance to the invasion of the Tatar-Mongols, it preserved the Christian world from the onset of Islam. Through the Vladimir tradition, Ukraine has maintained the desire of the two branches of (...) Christianity to fulfill the covenant of Christ so that they all may be one, and may offer a possible path to this by their Union of Brest. Ukraine gave an example of the survivability of oncational Christianity, because no matter how much our souls died, our Ukrainian Christianity and the Poles with the Vatican and Muscovy did not die from our nation. Ukraine has exemplified poetic, artistic rather than holo-socialized Christianity through its organic union with the popular beliefs of the day before it. Ukraine gave the example of living, unskilled Christianity, which corresponded to the mentality of the Ukrainian as a creator, a hard worker. Ukraine gave in to somewhat feminized Christianity, given the significant role that women played in the lives of their people at the level of household and housewives. (shrink)

In an attempt to solve some serious economic and environmental problems, the Netherlands has embarked on an unique experiment over the past few decades. Based on a tradition of cooperation, consensus building, and democratic self-rule, the Dutch have revitalized a corporatist approach to economic and environmental planning. They refer to the polder model to describe the particular characteristics of this approach. Although the polder model is rooted in the past (i.e., the Golden Age of the 17th-century Dutch Republic), its more (...) recent application in planning efforts finds its start with the Wassenaar Accord in economic planning in 1982. A similar approach was used in environmental planning with the introduction of the first National Environmental Policy Plan in 1989. The key feature of the environmental plan is a covenant between business and government. In this article, the author compares the application of the polder model in both areas and concludes that there are serious challenges ahead for its survival. The article attempts to assess whether the model would work in the United States and why the approach used by the Dutch is the favored approach of Environmental Protection Agency chief Christie Whitman. (shrink)

Purpose The purpose of this study is to investigate Libyan journalists’ perspectives regarding the media laws Articles 37,132, 38 and 46, which address media freedom in the new Libyan Constitution of 2017. Design/methodology/approach Focus group discussions were done with 35 Libyan journalists, 12 of them from the Constitution Committee, while 23 of them reported the update of the constitution in the Libyan Parliament. Findings The results of the study indicated that there were media laws articles that did not conform to (...) the international laws and United Nations treaties, which the Libyan Parliament committee approved. Another finding from the journalists was the Constitution should provide and guarantee press freedom, while media laws articles approved to put a paragraph about “censorship” in the press and media as a tool to silence government opposition. In addition, journalists indicated future constitution should redraft Article 38 to conform with Article 19 of the “International Covenant on Civil and Political Rights,” to support the “principles of freedom of expression and information” without control. Moreover, Article 46 needs to be changed and linked to the “provisions of international law on the right of information access” to improve the access and dissemination of information in the media. Practical implications Redrafting the constitution articles in the future can be summarised as follows: First, the Libyan Constitution should provide and guarantee press freedom without any censorship and include clear articles to protect journalists in conflict zones. Second, Articles 37,132 and 38, about “freedom of information and publication,” need to be redrafted to link with Article 19 of the “International Covenant on Civil and Political Rights,” to support the principles of freedom of expression and information, and the use of this right must not be subject to prior control. Third, Article 46 needs to be changed and linked to the provisions of “International law on the Right of Access to Information” to improve access and dissemination of information in the media to protect confidentiality sources. The most important articles should be implemented because after the Arab Spring revolutions, there was a transitional period in societies and a change in the constitutions of Tunisia and Egypt. They developed legal articles about media freedom so that Libya resembles other Arab countries. From that point, the journalists recommended that all information should be protected from government interference to ensure transparency, combat corruption and protect independent journalists. These articles will open the way to add more development articles to media freedom rules in the Journalists’ Syndicate. Fourth, there are also various types of threats encountered by journalists in their work. In pursuit of their right and freedom of expression, they recommended that Libya must establish an independent self-regulatory media that are free from political and economic influence. Fifth, journalists need licenses for them to work through the syndicate. The new syndicate should play an active role to safeguard the rights of journalists, activists and media entities to carry out their work and end the self-censorship. Sixth, the constitution should also add articles to end the impunity and change the articles in the penal code. Overall, the journalists covering the conflict and war are encountering threats, violence and imprisonment. As a result, Libyan journalists must seek new legislation to defend independent journalism and freedom of expression in their deeply divided country. In addition, they need to have a strong central authority to defend journalists and journalism in wartime, where journalists are regularly threatened, abducted and sometimes killed. Also, the Libyan Journalists Syndicate should stress the importance of the media’s self-regulation to guarantee their rights to freedom of expression, grant their readers’ respect and minimise government’s interference. Finally, they need to develop new laws to grant media freedom from regulations and restrictions, as well as defend and promote democracy, the citizens’ right to be informed, as well as their right to discuss and disseminate information. There is also the need to implement articles in the constitution, articles about the protection of political speech, which would be specific enough to differentiate between what is legally permitted and what may be ethically offensive. Originality/value This study will help the new Libyan parliament after the legislative elections on 24 December 2021 to amend the media laws articles in the constitution. (shrink)