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)

Democracy and human rights have long been strongly connected in international covenants. In documents such as 1948 United Nations Universal Declaration of Human Rights and the 1966 International Covenant of Civil and Political Rights, democracy is justified both intrinsically in terms of popular sovereignty and instrumentally as the best way to “foster the full realization of all human rights.” Yet, even though they are human and thus universal rights, political rights are (...) often surprisingly specific. In the Covenant, for example, “the right to take part in the conduct of public affairs” is equated with “the right to vote and to be elected.” More often then not, their realization is left to states and their constitutions, as for example in the European Convention for the Protection of Human Rights. Political rights have a “peculiar” status among enumerated human rights, and this difficulty has to do with deep assumptions about the nature and scope of democracy and political community that remain unexamined by the drafters of these important declarations. (shrink)

Discussions of the framework and terminology associated with the right to health tend to treat the indeterminacy of ‘health’ as conceptual noise that the construction of effective policy must not focus on, but find ways of bracketing out. On this basis, the right to health is broadly regarded as a social and economic, rather than a civil and political right. This article draws critically on literature about the implications of developments in medical biotechnologies, to argue that a positive (...) acknowledgement of the indeterminate character of health should transform, rather than simply hinder, the quality of debate over what is to be understood and expected in connection with a right to health. A focus on indeterminacy allows for the perception and the formulation of health-related demands that may not stem from the scarcity of material resources or technical means, but from the misplaced authority of particular voices in defining what possibilities are to be seriously envisaged. This proposition only becomes politically effective, it is argued, when ‘indeterminacy’ (and the capacity for normativity) is referred to life itself and not merely to social and moral judgements about life. Although more immediately pertinent to the concerns of relatively privileged populations, the focus on indeterminacy provides a key to generating a certain symmetry and complementarity of interest, across the privileged/underprivileged divide, in promoting health as a (human) right. (shrink)

_Philosophy of Right_ remains among the most influential works in Western political theory. It introduces a notion of civil society that has proven of inestimable importance to diverse philosophical and social agendas. In this transcription of the lectures that formed the initial version of Hegel's text, the philosopher presents his thought with a clarity and directness seldom matched in his later writings. Nowhere does Hegel make clearer the difference between his concept of objective spirit and traditional concepts of (...) natural law. Nowhere does he offer a more prominent treatment of the key notion of recognition. The long-awaited appearance of this first English-language translation of these lectures is a major event for Hegel scholars, philosophers, and political theorists. (shrink)

This book addresses the pressing issue of severe poverty and inequality, and asks why is it that violations of socio-economic rights are treated with less urgency than violations of civil and political rights, such as the right to freedom of speech or to vote? It provides a sustained argument for placing renewed focus on socio-economic rights as a method of ensuring that governments address extreme poverty. It combines both theoretical and practical perspectives, political philosophy, (...) and constitutional law and policy. (shrink)

Changes in security environment after the end of Cold War and 9/11 have strongly affected our security concepts and paradigms. In the field of counter-terrorism, a serious conceptual and practical debate on the relationship between security and human rights and freedoms has begun. The goal of this paper is to reflect on this complex relationship at the conceptual level and introduce the empirical debate on this relationship in the field of civil aviation. The paper’s results show that the (...) concept of human security usefully integrates the care for human rights and security of individuals. The debate on the potential introduction of body scanners on the European airports was actually a debate on the ways of providing individual human security on the airports with simultaneous concern for other human rights. The output of this debate was a compromise: body scanners can be used at the discretion of individual airports and member states, but are not an obligatory measure on all European airports. (shrink)

_Philosophy of Right_ remains among the most influential works in Western political theory. It introduces a notion of civil society that has proven of inestimable importance to diverse philosophical and social agendas. In this transcription of the lectures that formed the initial version of Hegel's text, the philosopher presents his thought with a clarity and directness seldom matched in his later writings. Nowhere does Hegel make clearer the difference between his concept of objective spirit and traditional concepts of (...) natural law. Nowhere does he offer a more prominent treatment of the key notion of recognition. The long-awaited appearance of this first English-language translation of these lectures is a major event for Hegel scholars, philosophers, and political theorists. (shrink)

The New Leviathan, originally published in 1942, a few months before the author's death, is the book which R. G. Collingwood chose to write in preference to completing his life's work on the philosophy of history. It was a reaction to the Second World War and the threat which Nazism and Fascism constituted to civilization. The book draws upon many years of work in moral and political philosophy and attempts to establish the multiple and complex connections between the levels (...) of consciousness, society, civilization, and barbarism. Collingwood argues that traditional social contract theory has failed to account for the continuing existence of the non-social community and its relation to the social community in the body politic. He is also critical of the tendency within ethics to confound right and duty. The publication of additional manuscript material in this revised edition demonstrates in more detail how Collingwood was determined to show that right and duty occupy different levels of rational practical consciousness. The additional material also contains Collingwood's unequivocal rejection of relativism. David Boucher's introduction shows that The New Leviathan and The Idea of History are integrally related and that neither can be properly understood independently of the other. He is also concerned to show how many of Collingwood's ideas have a contemporary relevance, and that his ideas on barbarism are not so unusual as they might at first appear. (shrink)

The overall goal of the article is to reexamine Hobbes’s concern to respond to the challenges of the republican perspective on the relationship between the liberty of subjects and the political power. If, according to Skinner, republican theorists appealed to sources of classical antiquity, I argue that Hobbes chooses to offer a blend of classical and theological ideas in order to generate a “science” of the political life within the confines of a postlapsarian world dominated by passion and (...) the fear of death. If the image of God is maintained in the Hobbesian politics, it is because Hobbes needed a model of imitation of a stability that the individuals dominated by passions failed too often to have. Hobbes also needed a model of omnipotence and providence to be imitated by the sovereign. This complex relationship between the theological heritage of the past and the novelties inaugurated in political thought by Hobbes’s accent on human passions triggers a series of changes in Hobbes’s understanding of the law of nature and natural right. The article brings to discussion Hobbes’s indebtedness to Lactantius in reading Lucretius’s materialism, Augustine’s model of God as a Creator and the theological controversy between intellectualism and voluntarism when formulating his own anthropological perspective on “natural” and “civil” law and right. (shrink)

El presente trabajo investiga las tesis sobre el poder civil de Alonso de la Veracruz que buscan incorporar en la comunidad política española a los habitantes autóctonos del Nuevo Mundo, tesis que suelen relacionarse con F. de Vitoria y el tomismo español, y que últimamente son consideradas parte del republicanismo novohispano elaborado desde la periferia americana. Se busca demostrar que su propósito era aplicar una teoría de derechos naturales, sin que ello implique participación política de los indios americanos. Se (...) analiza la postura del fraile frente a la diversidad cultural y la guerra contra los indios. The paper explores Alonso de la Veracruz's theses on civil power, which sought to integrate the native inhabitants of the New World into the Spanish political community. These theses, which have usually been associated with F. de Vitoria and Spanish Thomism, have recently come to be considered part of a Novohispanic republicanism developed in the American periphery. The article seeks to show that the purpose of such theses was to apply a theory of natural rights that did not entail the political participation of the indigenous population, as well as to analyze Veracruz's position regarding cultural diversity and the war against the indigenous peoples. (shrink)

This paper examines Hegel's view of the relationship of human rights and political membership. Attention is accorded the concept of a right to have rights, one famously thematized by Hannah Arendt but articulated already earlier by Hegel. The discussion has five parts. Part One considers how for Hegel a notion of political membership is entailed by the concept of right itself. Part Two examines the place occupied by modern civil society in a realised account of (...) human rights. Part Three considers the challenges posed to realised right by the phenomenon of modern poverty and the experience of ‘rightlessness’ it occasions. Part Four details how Hegel's conception of the corporation addresses the phenomenon of rightlessness, taking into account his uniquely reflexive understanding of a right to have rights and its contribution to the project of thePhilosophy of Right. The concluding section briefly compares Hegel's conception of membership rights to Arendt's. (shrink)

This paper argues that a thorough discussion on women’s rights needs to go beyond progress in civil and political rights. Looking comparatively at Iran and Turkey, it posits that the legal and political context of secularism v. theocracy has much less of an impact than expected, and suggests that other variables offer much more compelling explanations. The paper combines feminist constructivist insights with the broader lens of world -system theory to hypothesize that the explanation for (...) women‘s inequality in employment is found at the intersection of endogenous gender constructions heavily influenced by culture and religion, and of an international economic order that contributes to the reproduction of a patriarchal structure in poorer countries, regardless of their political system. (shrink)

Besides commanding coercive power, a political authority is supposed to offer directives which ought to exclude private judgment. Any defense of inalienable rights or limited rights of resistance suggests some legitimate residual private judgment. Such retained rights threaten to undermine the binding force of authoritative directives. ;The case of Hobbesian sovereignty typifies this problem. Hobbes claims agents must establish permanent and absolute political authorities, and they can do so only by completely submitting themselves to a (...) sovereign power whose public will stand for their own. Hobbesian political obligation consists in being bound not to act on one's own judgment, but even Hobbes allows for limited rights of resistance. ;Building on the work of Joseph Raz, I show how political authority binds our conduct by providing special reasons not to act on our private judgment. I explain how there can be scope and jurisdictional limitations on political authority, indeed, Hobbesian political authority. Any given subject might not completely authorize political power, but such power can still be absolute. Since private judgment endures in a civil society, subjects are in some position to evaluate the legitimacy of authoritative directives. To the extent authority binds and neither merely advises nor merely coerces, subjects must have reasons why they should not act on their private judgments. (shrink)

The luxury-versus-necessity controversy is primarily concerned with the importance of civil and political rights vis-à-vis economic and social rights. The viewpoint of political leaders of many developing and newly industrialized countries, especially China, Singapore, Hong Kong, Malaysia and Indonesia is that civil and political rights are luxuries that only rich nations can afford. The United Nations, transnational civil society and the Western advanced countries oppose this viewpoint on normative and empirical grounds. (...) While this controversy is far from over, new challenges of “evidence” and “marketization” are emerging. The first calls for a narrative on the history of civil and political rights in the West in the comparative context of the Industrial Revolution and the East Asian Miracle and China’s economic growth. The effects of the recent financial crisis and insulation of China from the Arab Spring further deepen this challenge. The marketization challenge looks at this controversy from the social exclusion angle. It argues that the basic needs covered by the minimum human rights agenda are becoming luxuries in a real sense for those who do not have the power to purchase these needs from the market. (shrink)

Do citizens of liberal democratic states have a moral right to engage in civil disobedience? Famously, Joseph Raz argued that they do not. In this article, I defend his argument against some recent challenges, but show how it is tied to a particular model of civil disobedience. On this model, the purpose of civil disobedience is to protest and prevent particularly egregious violations of justice. A moral right to civil disobedience can be grounded on a different (...) model, where the function of civil disobedience is to identify and counterbalance democratic deficits. Against the widespread tendency amongst theorists of civil disobedience to want to defend civil disobedience as the exercise of a moral right, however, I do not then argue for the adoption of the democratic model. Whilst I acknowledge the reasons behind wanting a rights-based defence, and concede that different kinds of civil disobedience might have to be defended on different grounds, I sound a note of caution. The meta-theoretical relation between moral grounds and political function uncovered in this article works both ways. It should make theorists more mindful of the self-understanding to which a rights-based moral defence of civil disobedience commits protesters. (shrink)

All our previous political experience, and especially, of course, the experience of Eastern Europe and Central Asia, offers little hope that democracy can coexist with the centralized allocation of economic resources. Indeed, simple observation suggests that a market economy with private property rights is a necessary, although not sufficient, condition for the existence of a democratic political regime. And this accords fully with the political theory of liberalism, which emphasizes that private rights, both civil (...) and economic, be protected and secure. At the same time, our previous experience also indicates that market economies are more successful than centrally planned economies not only in producing, but also in distributing, both private and collective goods. This economic experienee is supported by neoclassical economic theory, which treats clearly defined and secure rights to private property as essential to a market economy. (shrink)

Interrogations are a very specific component of any criminal investigation. The answers gained through interrogative process provides information that are considered as direct evidences. In contemporary criminal procedure, the court is not absolved from gaining other evidences, even in cases when the defendant confesses his/her guiltiness. This is a mechanism for excluding the inquisitorial approach for extracting compulsory confessions. The modern procedure uses a variety of mechanisms to guarantee that the defendant will not be compelled to confess guilt. Those mechanisms (...) are part of most important international conventions as International Convention for Civil and Political Rights, the European Convention on Human Rights, the American Convention on Human Rights, the Statutes of International Tribunals and part of different constitutional and legal acts of modern states. A very interesting “highlight” remains the right to silence which guarantees that the defendant might remain silent and it will not be interpreted against him. The defendant, even in cases with direct evidences, can remain silent and cannot be forced to answer given questions. Another “highlight” is that one that appears from the privilege against self-incrimination that allows the defendant to not answer a question, if by answering, he/she may confess guilt or incriminate him/herself. How deep is this privilege? Are there, maybe questions, that he/she are obliged to answer The article will focus in interrogations and the right to silence by most important international acts and domestic acts of different countries and upcoming specifics in the relation interrogations vs. remaining silent. (shrink)

In this essay, the resistant potential of curiosity will be first framed by theories of political curiosity writ large (drawn from Friedrich Nietzsche, Michel Foucault, and Jacques Derrida) and then explicated through three case studies: the Civil Rights Movement in the 1960’s, prison resistance networks in the 1970’s, and a more recent initiative for accessible restrooms. From these archives, an anatomy of politically resistant curiosity will be drawn.

In Religion within the Bounds of Bare Reason Kant speaks of an ethical state of nature and of an ethico-civil condition, with explicit reference to the juridical state of nature and the juridico-civil condition he discusses at length in his legal-political writings. Given that the Religion is the only work where Kant introduces a parallel between these concepts, one might think that this is only a loose analogy, serving a merely illustrative function. The paper provides a first (...) outline of the similarities and the differences between the state of nature and the civil condition in Right and in ethics. The comparison points to a deeper, structural relation between the two pairs of concepts. By doing so, it makes room for developing a unitary conception of the state of nature and of the civil condition, which would underlie both the ethical and the juridical version. (shrink)

What is the relationship between impunity and economic and social rights? A substantiated expectation of impunity encourages the commission of acts that violate human rights. Using a logistic-multinomial regression model, we find that impunity affects per capita GDP, years of schooling, and life expectancy. An unexpected finding was that different civil and political rights systems, as diverse as those of Norway and Singapore, have similar impacts on both impunity and economic and social rights. Nonetheless, (...) we need to focus on holistic models that strive for protection of all human rights. (shrink)

At the centre of controversy over human rights policy in China is the disagreement on the relationship between two sets of human rights: civil and political rights on the one hand, and social and economic rights on the other. Much of the debate, however, has been undertaken on theoretical and normative levels. Empirical evidence is needed to advance this debate. Drawing data from a multination survey, this research explores whether Chinese and Westerners differ in (...) their human rights policy preferences. The findings suggest that while social and economic rights have a much broader support base in China than in Western nations, political and civil rights are also important concerns to the Chinese public. Sources and implications of the findings are also discussed. (shrink)

This work is a controversial collection of interrelated papers investigating and arguing about issues of concern to lawyers and politicians today. MacCormick combines a scholarly concern with leading thinkers such as John Locke, Lord Stair, Adam Smith and David Hume, John Rawls, Ronald Dworkin, and Patrick Atiyah, and stringently argued view of questions of political obligation, civil liberty, and legal rights.

ExcerptThe reasons why individual nations and even individual people subscribe to notions of human rights vary enormously. Rationales range from idealism to realpolitik and sound in competing registers of theology, social contract, nature, utility, and game theory.1 Pervasive in discussions of human rights is the dignity of each person as both a reality and a normative guide. Capacious and ambiguous, this notion of dignity may invite agreement precisely because different people project different meanings onto it. Its recognition, though, (...) can inspire attitudes of respect and civility even when we disagree. Dignity thus serves less as a foundation and more as a lodestar, an aspiration. Justice Thurgood Marshall once explained, “A child born to a [B]lack mother in a state like Mississippi… has exactly the same rights as a white baby born to the wealthiest person in the United States. It’s not true, but I challenge anyone to say it is not a goal worth working for.”2. (shrink)

Rather than attempt to adjudicate between these rivals in the “Asian values”/”Confucian values” debates, I wish to explore if Confucian values can contribute to the promotion of human rights. Instead of relying on prioritizing the communal over the individual which some defenders of ‘Asian values’ have done, which communal values are not that distinct from the more conservative Western communitarians’ emphasis, I inquire into the distinctive characteristics of Confucianism which can be used to justify the kind of human (...) class='Hi'>rights proclaimed by the Universal Declaration of Human Rights. More specifically, I reexamine the resources put forth by some Confucian commentators which are, in my view, relevant to someone’s being a rights bearer, such as, the role of the Confucian intellectual and the importance of education, and the potentiality for civic virtues in virtues like humaneness, acting with appropriateness, and ritual propriety. Examining these key philosophical concepts will enable us to get clear about Confucianism’s compatibility with pluralistic values and ascertain if the kind of liberalism, so frequently associated with the ills of Western individualism by Asian governments, is necessary for possessing human rights, especially the first generation civil and political rights. (shrink)

At the centre of controversy over human rights policy in China is the disagreement on the relationship between two sets of human rights: civil and political rights on the one hand, and social and economic rights on the other. Much of the debate, however, has been undertaken on theoretical and normative levels. Empirical evidence is needed to advance this debate. Drawing data from a multination survey, this research explores whether Chinese and Westerners differ in (...) their human rights policy preferences. The findings suggest that while social and economic rights have a much broader support base in China than in Western nations, political and civil rights are also important concerns to the Chinese public. Sources and implications of the findings are also discussed. (shrink)

There are many East and West debates on human rights. One of them is whether all civil and political rights are human rights. On one hand, scholars generally agree that rights to physical security are human rights. On the other hand, some scholars argue that rights to political liberty are only Western rights but not human rights because political liberty conflicts with some East Asian cultural factors, especially the (...) Confucian tradition. I argue that physical security also conflicts with some parts of the Confucian tradition, but rights to physical security are still human rights because physical security is a minimal value. I then argue that political liberty, similar to physical security, is also a minimal value. Therefore, similar to rights to physical security, rights to political liberty are also human rights, even though political liberty also conflicts with some parts of the Confucian tradition. (shrink)

A critical study of the philosophy and political practice of the Czech dissident movement Charter 77. Aviezer Tucker examines how the political philosophy of Jan Patocka (1907–1977), founder of Charter 77, influenced the thinking and political leadership of Vaclav Havel as dissident and president. Presents the first serious treatment of Havel as philosopher and Patocka as a political thinker. Through the Charter 77 dissident movement in Czechoslovakia, opponents of communism based their civil struggle for human (...) rights on philosophic foundations, and members of the Charter 77 later led the Velvet Revolution. After Patocka's self-sacrifice in 1977, Vaclav Havel emerged a strong philosophical and political force, and he continued to apply Patocka's philosophy in order to understand the human condition under late communism and the meaning of dissidence. However, the political/philosophical orientation of the Charter 77 movement failed to provide President Havel with an adequate basis for comprehending and responding to the extraordinary political and economic problems of the postcommunist period. In his discussion of Havel's presidency and the eventual corruption of the Velvet Revolution, Tucker demonstrates that the weaknesses in Charter 77 member's understanding of modernity, which did not matter while they were dissidents, seriously harmed their ability to function in a modern democratic system. Within this context, Tucker also examines Havel's recent attempt to topple the democratic but corrupt government in 1997–1998. The Philosophy and Politics of Czech Dissidence from Patocka to Havel will be of interest to students of philosophy and politics, scholars and students of Slavic studies, and historians, as well as anyone fascinated by the nature of dissidence. (shrink)

The present essay contends that progressive readings of Smith ignore the influence of theological concepts and religious ideas on his work, notably three distinct strands: first, seventeenth- and eighteenth-century natural theology; second, Jansenist Augustinianism; third, Stoic arguments of theodicy. Taken together, these theological elements help explain why Smith’s moral philosophy and political economy intensifies the secular early modern and Enlightenment idea that the Fall brought about ‘radical evil’ and a ‘fatherless world’ in need of permanent divine intervention. As such, (...) Smith views the market as divine regulation of human sinfulness and an instrument to serve God’s providential plan. Indeed, the ‘invisible hand of the market’ represents a nominalist realm where human cooperation intersects with divine providence, blending private self-interest with the public commonweal. I will also argue that Smith’s conception of a morally neutral market is ultimately incompatible with creedal Christianity, in particular orthodox catholic Christian ideas of the common good in which all can share and the practice of charity for those most in need who have been abandoned by state bureaucracy and the marketplace. The main reason is that Smith, not unlike Calvin, tends to divorce human contract from divine gift by dividing the theo-logic of gratuitous reciprocal giving from the economic logic of contract – a dualism that bears an uncanny resemblance with Suárez’s Baroque scholasticism of which Smith’s friend David Hume was rightly critical. In particular, the Reformation and Counter-Reformation theology of Calvin, Luther and Suárez sunders ‘pure nature’ from the supernatural and develops a ‘two ends’ account of human nature, according to which human beings have a natural end separate from their supernatural finality. So instead of participating in the divine oikonomia of asymmetrical gift-exchange, human society and the economy operate autonomously and are ordered towards a purely natural end. Smith conceptualises the market mechanism as both a fundamental precondition for interpersonal relationality and at the same time separate from the sociality it engenders. Smith’s anthropology hovers half-way between Machiavelli and Mandeville’s homo œconomicus in search for maximal profit, on the one hand, and the diametrically opposed conception of man as a gift-exchanging animal striving for mutual social recognition, on the other hand. By viewing market exchange as separate from the private virtues of benevolence, justice and prudence, he introduces a split between the exercise of moral virtues and the operation of commercial society. Such a divide is wholly foreign to the project of an overarching civil compact in the writings of Smith’s contemporary Antonio Genovesi and other members of the Italian schools of civic humanism and civil economy. In consequence, Smith’s œuvre marks a decisive shift from civil to political economy. (shrink)

While the importance of civil and political rights to health advocates is widely acknowledged, economic and social rights are not yet securely on advocates’ agenda. Health impact assessment is an approach that can promote an appreciation of their importance. This paper introduces health impact assessment, gives examples of how it is being used, links its development to a focus on inequalities in health status, indicates the insufficiency of civil and political rights to protect (...) health, and shows that the use of health impact assessment draws attention to economic and social rights. While civil and political rights are an astonishing social achievement, they are not in themselves sufficient to promote health. (shrink)

While the importance of civil and political rights to health advocates is widely acknowledged, economic and social rights are not yet securely on advocates’ agenda. Health impact assessment is an approach that can promote an appreciation of their importance. This paper introduces health impact assessment, gives examples of how it is being used, links its development to a focus on inequalities in health status, indicates the insufficiency of civil and political rights to protect (...) health, and shows that the use of health impact assessment draws attention to economic and social rights. While civil and political rights are an astonishing social achievement, they are not in themselves sufficient to promote health. (shrink)

In this article the author analyses specific reservations that are being done to the international documents for the protection of human rights and whether Vienna Convention on the Law of the Treaties applies to those human rights treaties or not. Also, the author analyses if reservations, which are incompatible with object and purpose of the treaty, can be done or not and what consequences they might bring. For this reason the author describes the practice of the state members (...) under the Convention on the Elimination of All Forms of Discrimination against Women and International Covenant on Civil and Political Rights. These treaties were chosen not only because they laid down the most significant principles of the protection of human rights, but also due to the great number of reservations made to the fundamental provisions of these treaties. The importance of the topic is that in the human rights treaties the implementation of Vienna Convention on the Law of Treaties provisions on reservations brings several issues, even though on theoretical level the regulation of reservations seems unproblematic. Firstly, there is a major group of states (especially Islamic countries, which base their explanation on the incompatibility with Islamic law), which want to become parties to the treaties that protect human rights and make reservations to fundamental provisions of them at the same time. Secondly, the state parties that make objections to the reservations have to decide if the reservation is compatible with the object and purpose of the treaty or not. The regulation that is laid down in Vienna Convention on the Law of Treaties creates difficulties for the state parties and withdrawal of reservations seems to be more problematic in reality than it is in theory. In order to find the solutions for the above mentioned issues, the author analyses whether the Vienna Convention on the Law of the Treaties regime works properly within the mechanism of making reservations to the human rights treaties or not, what reservations should be kept invalid under the human rights treaties and what could be the solutions for the most effective protection from the invalid reservations that address fundamental rights of human beings in the human rights law. (shrink)

In this paper I offer a new interpretation of Marx’s essay On the Jewish Question which re-states its key ideas but removes unnecessary debates that are not relevant to current political and legal problems. Because OJQ is a demonstration of critique it does not offer positive proscriptions or suggestions for change. Its utility, I argue, lies in the way it can help us think about the limits of resolving deeply entrenched power-relations without a thoroughgoing engaging of how those powers (...) are created and enacted in civil society. With this in mind I read OJQ alongside the recent campaign to legislate for marriage equality in Australia and the movement to recognise environmental human rights. While both movements might ameliorate instances of discrimination and harm, I argue that they cannot resolve those powers that limit certain kinds of access or render people and things subordinate to other interests. (shrink)

Written by one of Italy's leading historians, this book analyses the Neapolitan nobleman Gaetano Filangieri and his seven-volume 'Science of Legislation' in their historical context, expounding on his legacy for the histories of ...

Contemporary social policy toward low-income women in the United States, as evidenced both by Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) and by the AFDC programme that preceded it, is in part an artefact of long-standing conceptions of the nature of citizenship. This view sees citizenship as resting primarily on civil and political rights, not on rights with respect to economic, social, and cultural matters. Drawing on scholarly literature on the development of international human (...) class='Hi'>rights regimes, the feminist literature that analyses social policy both comparatively and in terms of US domestic policy, and literature regarding contemporary movements among low-income persons, this paper analyses the efforts of one organization, the Kensington Welfare Rights Union (KWRU), to challenge US policy via international human rights law and international enforcement mechanisms. We will suggest that, despite some of the flaws of the KWRU, their approach is a promising one for low-income women. In particular, we wish to suggest that a broader conception of citizenship that takes into account economic, cultural, and social rights is necessary to create a more equitable and democratic polity for women. (shrink)

This paper examines how civil society actors in the EU utilize the political and legal opportunities provided by the EU’s fundamental rights policy to mobilize against discrimination, notably racism, and xenophobia. It emphasizes the multiple enabling roles that this policy provides to civil society associations engaged in judicial activism, political advocacy, and service delivery both at the EU and Member State levels, and assesses their effectiveness. It describes several factors that hinder the implementation of EU (...) fundamental rights policy and reviews the strategies of civil society to overcome them. It highlights the reluctance of parts of public opinion to combat ethnic prejudice, considers reactions against what at a time of crisis is perceived as a costly project of social regulation, and examines civil society responses. The data sources consist of interviews with bureaucratic and civil society actors at EU level. (shrink)

These lectures constitute the earliest version of Hegel's Philosophy of Right, one of the most influential works in Western political theory. They introduce a notion of civil society that has proven of inestimable importance to diverse philosophical and social agendas. This transcription of the lectures, which remained in obscurity until 1982, presents the philosopher's social thought with clarity and boldness. It differs in some significant respects from Hegel's own published version of 1821. Nowhere does Hegel make plainer the (...) difference between his concept of objective spirit and traditional concepts of natural law or offer a more prominent treatment of the key notion of recognition. His description of poverty is more forceful and his critique of existing social conditions more thorough than in the published edition, which had to satisfy the Prussian censor. The strictly limited powers of the monarch are more clearly delineated in the Heidelberg lectures, and the arguments for a bicameral legislature are more explicit. Hegel formulates in a more dynamic way his understanding of the relationship between rationality and actuality--the rational is not what exists but what is coming into being--and sets forth more simply and clearly the central themes of his political philosophy--freedom, justice, and community. The Heidelberg lectures are an indispensable resource for understanding the edition of 1821 and an invaluable supplement to one of the great classics of political philosophy. (shrink)

In an article previously published in this Journal, Anthony Oyowe critically engages with my attempt to demonstrate how the human rights characteristic of South Africa’s Constitution can be grounded on a certain interpretation of Afro-communitarian values that are often associated with talk of ‘ubuntu’. Drawing on recurrent themes of human dignity and communal relationships in the sub-Saharan tradition, I have advanced a moral-philosophical principle that I argue entails and plausibly explains a wide array of individual rights to (...) class='Hi'>civil liberties, political power, criminal procedures and economic resources. Oyowe’s most important criticism of my theory is in effect that it is caught in a dilemma: either the principle I articulate can account for human rights, in which case it does not count as communitarian, or it does count as the latter, but cannot account for the former. In this article, I reply to Oyowe, contending that he misinterprets key facets of my theory to the point of not yet engaging with its core strategy for deriving human rights from salient elements of ubuntu. I conclude that Oyowe is unjustified in claiming that there are ‘theoretical lapses’ that ‘cast enormous doubts’ on my project of deriving human rights from a basic moral principle with a recognizably sub-Saharan and communitarian pedigree. (shrink)

The argument of this article is that what I term generic globalization has created unprecedented opportunities for advances in human rights universally, but that the dominant actually existing historical form of globalization ? capitalist globalization ? undermines these opportunities. Substantively, I argue that taking the globalization of human rights seriously means eliminating the ideological distinction that exists between civil and political rights on the one hand, and economic and social rights on the other. Doing (...) this systematically undermines the three central claims of capitalist globalization ? namely, that globalizing corporations are the most efficient and equitable form of production, distribution and exchange; that the transnational capitalist class organizes communities and the global order in the best interests of everyone; and that the culture-ideology of consumerism will satisfy our real needs. (shrink)

International human rights treaties and declarations lay out the interconnection of civil and political rights with economic, social, and cultural rights. However, it was not until 1993 at the 2nd UN Conference on Human Rights in Vienna that governments agreed that all of women’s rights are an integral part of human rights. Promoting women’s economic, social, and cultural rights is a critical human rights advocacy issue. Poverty leaves women more exposed (...) to violence and less able to escape it, and severely restricts women’s ability to organize and fight for change. The article describes work by AI and other NGOs on violence against women and its connection with women's poverty and lack of education, healthcare, housing, and access to land in Africa. Besides the burgeoning of African women’s organizations calling for protection of all women’s human rights, a second hopeful development has been approval in July 2003 of an historic Protocol on the Rights of women in Africa. (shrink)

This book critically investigates the notion of democracy without demos by unravelling the link that modern history has established between the concepts of democracy and the sovereignty of the people. This task is imposed on us by globalization. The individualization of the subject of rights is the result of the destruction of regimes of special rights of ancient societies by the centralizing action of a territorial power. This individualization, because it implies equality, has created a new form of (...) political subjectivity that has been the driving force of the democratization of democracies during the 19th and 20th centuries. Democracy and subjective rights discusses how asserting itself as the only guarantor of rights, the modern state has also nationalized citizenship. However, the author argues, the legal and judicial monopoly of the nation-state is weakened today by the multiplication and heterogeneity of the powers on which the rights of individuals depend. This situation forces us to denationalize citizenship without sacrificing, however, the specific form of political subjectivity that the individualization of rights has made possible. (shrink)

This is the only English edition of a set of lectures which constitute an earlier and significantly different version of Hegel's classic Philosophy of Right, one of the most influential works in Western political theory. They are essential for a full understanding of Hegel's key concepts of civil society, objective spirit, and recognition.

This volume is one of the most remarkable works in the history of economic thought. First published in 1893, its principal significance rests in its argument that economic theory, however technical or pragmatic, is necessarily formed by and derives its meaning from larger moral and philosophical systems and assumptions. Bonar traces the inexorable presence of this moral and philosophical element in a vast, though highly nuanced, survey of the economic aspect of major thinkers from Plato to Darwin and demonstrates how (...) modern economic thought, in turn, grew out of one or another branch of philosophy. Bonar begins with a consideration of Plato and Aristotle, examining their conceptions of wealth, production and distribution, and civil society. Discussions of the Stoics, Epicurians, and early Christianity explore complications introduced by these bodies of thought. His analysis of the classical and medieval world is followed by an extensive treatment of the concept of natural law, from the Renaissance through the Enlightenment, describing its influence and its relation to ideas of natural rights. The book's later sections concentrate on the dominant modes of ninteenth-cen-tury thought: utilitarianism, idealism, and materialism. Bonar identifies and explores the philosophical topics on which the conduct of technical economic analysis makes assumptions: human nature and human wants, the nature and role of the state, the relation of the individual to society, the nature and origin of property, and the role of ideals in socioeconomic life. He concludes by examining the implications for economics of the theory of evolution arising from the work of Darwin and others. The continuing interest of this volume for economists, philosophers, and sociologists lies in Bonar's contention that at the heart of the relationship of philosophy to economics is the problem of order: the ongoing need to reconcile conflicts between freedom and control, continuity and change, hierarchy and equality. In his reading, the fundamental question to which philosophy and economics are both brought to bear is that of changing the structure of power and opportunity in the social economy. This is, in short, a classic in the history of economics as well as the economic element in intellectual history. (shrink)

Yu Kil-chun (1856–1914) was a pioneering theorist in Korea’s Patriotic Enlightenment Movement. Through works such as Sŏyu kyŏnmun, he proposed a new path for the development of Korean civilization. Yu’s encounter with Pak Kyu-su in his early years prompted his interest in Western civilization. He soon decided to study abroad and experience the Japanese and American civilizations first-hand. Based on his experiences, Yu proposed a general blueprint for political reform during the Kabo Reform of 1894. In 1908, he initiated (...) a political reform movement at the provincial level by organizing two groups named Hŭngsadan and Hansŏng Puminhoe. Subsequently, Yu Kil-chun’s enlightenment theory and writings on reform were regarded as a classical model that helped to initiate the modernization of Korea. However, the existing literature concerning Yu’s work exaggerates the progressive role he played and overlooks the logical contradictions and limitations inherent in his ideas. In this article, I conclude that the contradictions in Yu Kil-chun’s enlightenment theory stem from his moral understanding of civilization and the rights of the people. As a result, the project he envisioned ‘to make all people gentlemen’ ultimately focused on how to raise Confucian subjects of an empire rather than how to cultivate modern citizens. (shrink)

France is the home of the Declaration of the Rights of Man, yet women did not vote until 1945, many years later than their peers in other countries. In a country where civil rights had long been a rallying cry, women were not second-class citizens--they were not citizens at all. In this fascinating and ground-breaking study, Paul Smith assesses why Frenchwomen were repeatedly refused the rights of citizenship and examines the political relationships established by French (...) feminists in order to achieve their goal: one woman, one vote. (shrink)