Anna Stilz’s Territorial Sovereignty (2019) aims to be a revisionist account of territorial rights that puts the value of individual autonomy first, without giving up the value of collective self-determination. In what follows I examine Stilz’s definition of occupancy rights and her emphasis on the moral relevance of what she calls ‘located’ life plans. I suggest that, if it aims at being truly revisionist, her theory should work with a broader definition of occupancy. So long as (...) it doesn’t, these rights will be mainly the preserve of groups of settlers and peoples with predictable patterns of movement. Moreover, insofar as occupancy rights ground collective rights to self-determination, they actually have the potential to trump individual rights to what I call ‘dynamic’ or non-located occupancy. This is worrying, I claim, for at least two reasons. First, rights to dynamic occupancy are arguably as central for respecting individual autonomy as rights to located occupancy. And second, rights to dynamic ocupancy should be seen as key in helping to form the kind of political allegiances required to overcome the most pressing collective action problems that humanity faces. (shrink)

What, if anything, is problematic about gentrification? This article addresses this question from the perspective of normative political theory. We argue that gentrification is problematic insofar as it involves a violation of city-dwellers’ occupancy rights. We distinguish these rights from other forms of territorial rights and discuss the different implications of the argument for urban governance. If we agree on the ultimate importance of being able to pursue one’s located life plans, the argument goes, we must (...) also agree on limiting the impact of gentrification on peoples’ lives. Limiting gentrification’s impact, however, does not entail halting processes of gentrification once and for all. (shrink)

Society needs to find new ways to utilise its resources in the best possible way in order to enable satisfactory services for its citizens in the long term. This is particularly important in sparsely populated areas, and in cities and municipalities with a declining population. This study contributes to this field by analysing a project for collaboration between the rescue service and the home-care service that has been introduced in a number of Swedish municipalities. The collaboration is intended to ensure (...) welfare and safety for citizens, to guarantee a more efficient use of municipal resources, and to contribute to improved emergency management and civil protection. The rescue service and the home-care service are two clearly gender-coded occupations that also operate on gender-coded workplaces and places of work. An overarching aim has therefore been to study gendered obstacles and possibilities of the collaboration. In our analysis of the empirical data – interviews with persons involved in the collaboration – place emerged as an important aspect of the collaboration processes, and is therefore elaborated in this article to contribute with knowledge of how conceptions and gender-coding of places and occupations affect sustainable and well-functioning collaboration processes. The results show that collaboration processes between municipal services are complex and challenge ideals of the organisation, content and responsibility of work and who should perform certain work tasks. Notions of gender and gender differences are reproduced through the collaboration, which affect the efforts of municipalities to ensure welfare and safety for citizens. (shrink)

Los derechos de conquista, descubrimiento y ocupación, y la libertad de los mares: una genealogía de la injusticia sobre los recursos naturales Este artículo analiza los orígenes coloniales de tres principios del derecho internacional: el derecho de conquista, el derecho de descubrimiento y ocupación, y la libertad de los mares. Argumento que cada uno de estos derechos se estableció como principio jurídico internacional para facilitar la colonización de pueblos lejanos, sus territorios y tierras, y con el fin de acumular sus (...) recursos naturales. El artículo analiza cómo se justificaron estos derechos, qué conjunto de facultades e inmunidades exclusivas conferían, y cómo están vinculados a tres regímenes jurídicos modernos distintos de derechos sobre el espacio natural y sus recursos: la soberanía territorial, los derechos de propiedad privada sobre tierras extranjeras y los bienes marítimos comunes mundiales. En tanto expongo los orígenes moralmente arbitrarios de cada uno de estos principios de derecho internacional, que reflejan las condiciones y los objetivos específicos de determinados proyectos coloniales, también sostengo que los regímenes de derechos sobre los recursos naturales que estos institucionalizaron son convergentes en el sentido de que permitieron una apropiación y una explotación distintivamente injustas de los recursos naturales. El artículo también señala las formas en que la lógica y el funcionamiento de estos regímenes siguen dando forma al uso injusto de los recursos naturales hasta el día de hoy. (shrink)

The brand of cosmopolitanism that Cécile Fabre develops in her excellent book, Cosmopolitan Peace, leaves room for qualifying groups to exercise political self‐determination. Important questions thus emerge regarding who is entitled to have a say in the group's self‐determination, questions that take on a heightened practical urgency in the wake of wars that cause massive migration. In this article, I call into question Fabre's contention that the descendants of unjust occupants necessarily acquire occupancy rights which entitle them to (...) a say in the political self‐determination over the territory on which they currently reside. (shrink)

In 1987, Machan provided a libertarian case against the right to occupational safety. Since before Machan’s essay appeared, many business ethicists and legal scholars have given considerable attention to the overall position Machan endorses: the acceptance of employment at will and the rejection of employee rights. No one yet has given adequate attention, however, to the fact that Machan’s argument against the right to occupational safety actually stands or falls independently of his overall position on employee rights. His (...) argument ultimately rests on two values: the promotion of employee interests and anti-paternalism. Insofar as those who support the right to occupational safety share those values, they must find a strategy for opposing Machan’s argument that preserves those values. In this paper, I demonstrate why Machan’s argument ultimately rests on the promotion of employee interests and anti-paternalism. Then, I develop an objection to Machan’s argument that preserves those values. (shrink)

_Property Rights: Philosophic Foundations,_ first published in 1977, comprehensively examines the general justifications for systems of private property rights, and discusses with great clarity the major arguments as to the rights and responsibilities of property ownership. In particular, the arguments that hold that there are natural rights derived from first occupancy, labour, utility, liberty and virtue are considered, as are the standard anti-property arguments based on disutility, virtue and inequality, and the belief that justice in (...) distribution must take precedence over private ownership. Lawrence Becker goes on to contend that there are four sound lines of argument for private property that, together with what is sound in the anti-property arguments, must be co-ordinated to form the foundations of a new theory. He therefore expounds a concise but sophisticated theory of property that is relevant to the modern world, and concludes by indicating some of the implications of his theory. (shrink)

Occupational health and safety (OHS), as a fundamental human right, forms the basis of the obligation of employers to employees, requiring employers to do what is right. Responsible management practices encompass cognisance of sustainability, responsibility as well as legal, financial and moral aspects related to OHS compliance. As point of departure, an overview of core OHS criteria for small businesses is provided, with reference to awareness of these criteria in the G20 countries. This article utilises quantitative and qualitative data analysis (...) to examine the reasons why small business owners/managers comply with occupational health and safety directives, such as the Occupational Health and Safety Act (OHS Act) and the Compensation for Occupational Injuries and Diseases Act (COIDA) in South Africa, determine if such reasons for compliance culminate in actual compliance, and determine the perceived effect of direct and indirect costs of OHS incidents. A total of 350 small business owners/managers took part in this study. The findings indicate that whilst small business owners/managers realise the rationale behind OHS compliance in terms of moral, legal and financial components, moral aspects related to OHS compliance are deemed most important. Small business owners/managers thus seem to realise the importance of OHS compliance. However, when it comes to adhering to their responsibility in terms of general safety regulations of the OHS Act and registration with the Compensation Fund as specified in the COIDA (as examples of actual compliance), small business owners/managers’ compliance does not reflect such realisation. A model to enhance OHS standards in small businesses, encompassing legal, moral and financial rationales, is proposed. (shrink)

ABSTRACTThis article provides a normative appraisal of the law of military occupation by looking into occupation courts and their legitimacy. It focuses on two cornerstones of the current regulation of war: the principle of equality of belligerents, that is, the potential relevance ofjus ad bellumconsiderations on thein bellorights of occupants, and the normative force of the traditional distinction between states and non-state armed groups, specially in conflicts not of an international character. Against the currently predominant neoclassical position in just war (...) theory, it argues in favor of the moral equality of just and unjust occupants. Against the orthodox position in international law, it advocates the symmetrical treatment of states and non-state actors fighting internal armed conflicts, at least in terms of the rights they may claim on the territories under their control. It concludes by appraising the way in which this moral landscape should be translated into legal norms. (shrink)

Cohen endorses the coercive taxation of the talented at a progressive rate for the sake of realizing equality. By contrast, he denies that it is legitimate for the state to engage in the 'Stalinist forcing' of people into one or another line of work in order to bring about a more egalitarian society. He rejects such occupational conscription on grounds of the invasiveness of the gathering and acting upon information regarding people's preferences for different types of work that would be (...) required to implement such a policy. More precisely, Cohen maintains that the presence versus the absence of such intrusion explains why such Stalinist forcing of the talented is unacceptable whereas the progressive taxation of their income is legitimate. I argue that Cohen's appeal to invasiveness does not adequately capture the moral repugnance of the state's conscripting people into work at a given occupation. I propose that a right to self-ownership, and that which explains such a right, provides a better explanation than Cohen's of why Stalinist forcing is objectionable, whereas progressive taxation is not. 1. (shrink)

So far, most of the philosophical literature on occupations has tried to assess the legitimacy of military rule in the aftermath of armed conflicts by exclusively employing the theoretical resources of just war theory. In this paper, I argue that this approach is mistaken. Occupations occur during or in the aftermath of wars but they are fundamentally a specific type of rule over persons. Thus, theories of political legitimacy should be at least as relevant as just war theory for the (...) moral evaluation of occupations. This paper, therefore, draws on both traditions and argues that just war theory plays a limited role in identifying the purposes and appropriate agents of occupation authority, but that theories of legitimacy are necessary for explaining why and under which conditions foreign actors have the right to rule in the aftermath of armed conflicts. (shrink)

Since the start of the occupation of Palestinian territories in 1967, Israel's domination of the Palestinians has deprived an entire population of any political status or protection. But even decades on, most people speak of this rule—both in everyday political discussion and in legal and academic debates—as temporary, as a state of affairs incidental and external to the Israeli regime. In _The One-State Condition_, Ariella Azoulay and Adi Ophir directly challenge this belief. Looking closely at the history and contemporary formation (...) of the ruling apparatus—the technologies and operations of the Israeli army, the General Security Services, and the legal system imposed in the Occupied Territories—Azoulay and Ophir outline the one-state condition of Israel/Palestine: the grounding principle of Israeli governance is the perpetuation of differential rule over populations of differing status. Israeli citizenship is shaped through the active denial of Palestinian citizenship and civil rights. Though many Israelis, on both political right and left, agree that the occupation constitutes a problem for Israeli democracy, few ultimately admit that Israel is no democracy or question the very structure of the Israeli regime itself. Too frequently ignored are the lasting effects of the deceptive denial of the events of 1948 and 1967, and the ways in which the resulting occupation has reinforced the sweeping militarization and recent racialization of Israeli society. Azoulay and Ophir show that acknowledgment of the one-state _condition_ is not only a prerequisite for considering a one- or two-state _solution_; it is a prerequisite for advancing new ideas to move beyond the trap of this false dilemma. (shrink)

The aim of this study was to gain a deeper understanding of privacy in occupational health services. Data were collected through in-depth theme interviews with occupational health professionals (n=15), employees (n=15) and employers (n=14). Our findings indicate that privacy, in this context, is a complex and multilayered concept, and that companies as well as individual employees have their own core secrets. Co-operation between the three groups proved challenging: occupational health professionals have to consider carefully in which situations and how much (...) they are entitled to release private information on individual employees for the benefit of the whole company. Privacy is thus not an absolute right of an individual, but involves the idea of sharing responsibility. The findings open up useful new perspectives on ethical questions of privacy and on the development of occupational health practices. (shrink)

Heavily influenced by Frantz Fanon and critically engaging the theories of decoloniality and liberatory psychoanalysis, Lara Sheehi and Stephen Sheehi platform the lives, perspectives, and insights of psychoanalytically-inflected Palestinian psychologists, psychiatrists, and other mental health professionals, centering the stories that non-clinical Palestinians have entrusted to them over four years of community engagement with clinicians throughout historic Palestine. Sheehi and Sheehi document the stories of Palestinian clinicians in relation to settler-colonialism and violence but, even more so, in relation to their patients, (...) communities, families, and one another (as a clinical community). In doing so, they track the appearance of settler colonialism as a psychologically extractive process, one that is often effaced by discourses of "normalization," "trauma," "resilience," and human rights, with the aid of clinicians, as well as psychoanalysis. Psychoanalysis Under Occupation: Practicing Resistance in Palestine unpacks the intersection of psychoanalysis as a psychological practice in Palestine, while also advancing a set of therapeutic theories in which to critically engage and "read" the politically complex array of conditions that define life for Palestinians living under Israeli occupation. (shrink)

While in recent years new charters and government actions have boosted the collective and individual rights enjoyed by “Fourth-World” indigenous peoples such as the Inuit, another set of indigenous peoples has not experienced such protection: “self-delimiting” peoples. Their rights go largely unprotected because of deliberate ambiguities in the word “indigenous”; because these peoples generally avoid all contact with the larger society, and so are unknown by it and have no voice in it; and because charters and institutions generally (...) require validation of an indigenous people as bona fide—such as a history of contact and of evident land occupation—in order for the group to enjoy full rights protections. Both practice and theory may militate against the extension of full protection. This paper argues that theory, institutions building upon it, and practice realizable from theory and institutions must be reconsidered in terms of the particular circumstances and needs of these peoples if their rights are to be fully respected and maintained. Clear, special protection for these peoples’ rights to their culture must be established. (shrink)

There is widespread agreement that the most serious and debilitating contemporary social problem in the developed capitalist world is the problem of enforced or involuntary unemployment. The growth in mass unemployment in the 1970s and 80s has produced a renewal of the demand by the labour and trade union movement1 for the implementation of a ‘right to work’; presumably in the belief that the official recognition and legal enforcement of such a right would lead to the increased availability of jobs. (...) This campaigning slogan has sometimes emanated from the most unlikely sources. In his introduction to a published account of the 1971 Upper Clyde Shipbuilders occupation and work-in, entitledThe Right to Work, Mr Harold Wilson (then, significantly, in opposition) declared that ‘what the men of the Clyde proclaimed, and what I went to Clydeside to assert, was “the right to work”. And that principle cannot, and must not, be denied.’. (shrink)

If the instance of human rights cannot ensure the protection of the rightless, as Arendt famously claimed, how can the rightless struggle for freedom and equality? In this essay, I attempt to answer this question by reconsidering Arendt’s influential critique of human rights in light of the two polar responses it evoked from contemporary French philosophers Jacques Rancière and Étienne Balibar. Rancière, who objects to Arendt’s delimiting of the political, finds her argument excluding and dangerous. Balibar, on the (...) other hand, believes that it conveys an immense potential for politics to come, as it points to the dialectical political truth of equaliberty. In the following, I show the problematics of Rancière’s ingenious formulation of rights, and the answer Balibar’s original interpretation of Arendt’s thought might suggest in response. I contend that working through Rancière’s critique of Arendt’s argument and Balibar’s affirmation of it not only highlights the merits of her critical account but also points to the fundamental relation between Arendt’s work on rights and her later discussions of the human condition of non-sovereignty and the power of promises. I believe that such a reading can contribute to our interpretation of Arendt, and pave new routes of action for non-citizens (such as refugees, stateless persons and subjects of military occupation), who cannot employ the authorities’ strength for their protection. (shrink)

Calls to recognize a right of return are a recurring feature of refugee crises. Particularly when such crises become long-term, advocates of displaced people insist that they be allowed to return to their country of origin. I argue that this right is best understood as the right of refugees to return, not to a prior territory, but to a prior political status. This status is one that sees not just any state, but a refugee's state of origin, take responsibility for (...) safeguarding their welfare. This entitlement I characterize as an institutional right: a right that presupposes, and is a necessary feature of, a particular institution. The institution of which the right of return is an indispensable part is the international political system that sees authority exercised by sovereign states. The institutional argument for a right of refugee return presupposes two basic factual claims about states: they play a central role in safeguarding rights and they pursue exclusionary policies of border control. Importantly, the institutional view presupposes only that states do perform both functions, not that they are justified in doing so. On a purely normative level, the institutional account assumes little more than the moral equality of human beings. (shrink)

The advent of the Italian Second Republic coincides with a phase of uncertainty about national identity. The 1990s was the decade in which Italy was no longer a country of emigration but became a land of immigration. Italian cinema registered this right away, and films on the topic of immigration continue to grow steadily. Paola Randi’s Into Paradiso is a rare comedy about immigration; this article shows how the film presents migratory dynamics and a ‘post-national’ feeling of identity. The analysis (...) focuses on the representation of space and stereotypes of masculinity, as well as the representation of those ‘Italian vices’ which have been, throughout the ages, an integral component of the Italian national identity project. (shrink)

Normal 0 false false false EN-US X-NONE X-NONE MicrosoftInternetExplorer4 This article explores the contemporary politics of global violence through an examination of the particular challenges and possibilities facing Palestinians who seek to defend their communities against an ongoing settler-colonial project (Zionism) that is approaching a crisis point. As the colonial dynamic in Israel/Palestine returns to its most elemental level – land, trees, homes – it also continues to be a laboratory for new forms of accelerated violence whose global impact is (...) hard to overestimate. In such a context, Palestinians and international solidarity activists find themselves confronting a quintessential 21 st century activist dilemma: how to craft a strategy of what Paul Virilio calls “popular defense” at a time when everyone seems to be implicated in the machinery of global violence? I argue that while this dilemma represents a formidable challenge for Palestinians, it also helps explain why the Palestinian struggle is increasingly able to build bridges with wider struggles for global justice, ecological sustainability, and indigenous rights. (shrink)

In Rescuing Justice and Equality, G.A. Cohen argues that the incentive inequalities permitted by John Rawls's difference principle are unjust since people cannot justify them to their fellow citizens. I argue that citizens of a Rawlsian society can justify their acceptance of a wide range of incentive inequalities to their fellow citizens. They can do so because they possess the right to freedom of occupational choice, and are permitted – as a matter of justice – to exercise this right by (...) making occupational decisions on the basis of a wide range of values and preferences. (shrink)

When Professor Georges Gurvitch, the highly esteemed occupant of the chair of philosophy at the University of Strausbourg before World War ll and the author of a series of brilliant studies in the pluralist philosophy of law, referred to Pierre—Joseph Proudhon as the central figure in the development of modern social and judicial philosophy, the basis of his highly flattering judgment was the philosophy of law that serves as the basis of Proudhon’s mutualism, a socio-legal conceptualization that had not only (...) greatly infiuenced Gurvitch’s own thinking but which had exerted tremendous infiuence as well over the thought of such outstanding social theorists as Herzen, Tolstoi, and Kropotkinl To state, therefore, that Proudhon was not only the first to call himself an anarchist but also “the most important" anarchist thinker of the modern period} is to establish his right to be heard. We are not entitled to skip lightly over his conception of law and justice as past generations have done. After outlining Proudhon’s legal theory and his conception of natural right, this paper will attempt to demonstrate that Proudhon’s thinking on law is an outstanding contribution to modern political theory. It is not too much to say, in fact, that his philosophy of law and natural right stands as a highly suggestive antidote to the hopeless confusion in contemporary political theory, a confusion that stems not only from the cloudy conception of justice posited by the social contract theorists but from the defective conception of justice advanced by the advocates of state socialism as well. (shrink)

In recent years, the right of employees to know about health hazards in the workplace has emerged as a major issue in occupational health policy. A general consensus has gradually evolved that there is a right to know, and correlatively that there is a moral obligation to disclose relevant information to workers. For example, the National Institute for Occupational Safety and Health, and several other U.S. federal agencies, informed the U.S. Senate as early as July 1977 that ‘workers have the (...) right to know whether or not they are exposed to hazardous chemical and physical agents regulated by the Federal Government.’ In 1980, the Occupational Safety and Health Adminstration promulgated regulations guaranteeing workers access to medical and exposure records. (shrink)

The status of economic liberties remains a serious lacuna in the theory and practice of human rights. Should a minimally just society protect the freedoms to sell, save, profit and invest? Is being prohibited to run a business a human rights violation? While these liberties enjoy virtually no support from the existing philosophical theories of human rights and little protection by the international human rights law, they are of tremendous importance in the lives of individuals, and (...) particularly the poor. Like most individual liberties, economic liberties increase our ability to lead our own life. When we enjoy them, we can choose the occupational paths that best fit us and, in so doing, define who they are in relation to others. Furthermore, in the absence of good jobs, economic liberties allow us to create an alternative path to subsistence. This is critical for the millions of working poor in developing countries who earn their livelihoods by engaging in independent economic activities. Insecure economic liberties leave them vulnerable to harassment, bribery and other forms of abuse from middlemen and public officials. This book opens a debate about the moral and legal status of economic liberties as human rights. It brings together political and legal theorists working in the domain of human rights and global justice, as well as people engaged in the practice of human rights, to engage in both foundational and applied issues concerning these questions. conomic liberties leave them vulnerable to harassment, bribery and other forms of abuse from middlemen and public officials. This book opens a debate about the moral and legal status of economic liberties as human rights. It brings together political and legal theorists working in the domain of human rights and global justice, as well as people engaged in the practice of human rights, to engage in both foundational and applied issues concerning these questions. (shrink)

Background Occupational therapists may be encountered with a variety of ethical issues. The aim of this study was to explore ethical issues of Occupational therapist’s practice in adult physical dysfunction field. Methods Ten graduated Occupational therapists were selected by purposive sampling method. Data were gathered by semi-structured interview. Data were analyzed by content analysis approach. Results Data analysis ultimately leads to the emergence of three themes which reflects Ethical issues in Occupational Therapy. These themes include: unethical practice of Occupational therapists, (...) factors influencing ethical practice and Strategies to improving ethical practice. Conclusion The findings show that occupational therapists have various ethical problems related to client’s rights in addition to their clinical practice, that according to the participants in this study, lack of awareness about professional ethics related to the occupational therapy and also lack of comprehensive monitoring rules in this field are the major causes of unethical practice. (shrink)

Soldiering has traditionally been thought of as something radically different from a job or career, but things are changing. Sociologists have observed an “occupational shift” in military service....

Several current theories have essences as primary drivers of inductive potential: e.g., people infer dogs share properties because they share essences. We investigated the possibility that people take occupational roles as having robust inductive potential because of a different source: their position in stable social institutions. In Studies 1–4, participants learned a novel property about a target, and then decided whether two new individuals had the property (one with the same occupation, one without). Participants used occupational roles to robustly generalize (...) rights and obligations, functional behaviors, personality traits, and skills. In Studies 5–6, we contrasted occupational roles (via label) with race/gender (via visual face cues). Participants reliably favored occupational roles over race/gender for generalizing rights and obligations, functional behaviors, personality traits, and skills (they favored race/gender for inferring leisure behaviors and physiological properties). Occupational roles supported inferences to the same extent as animal categories (Studies 4 and 6). In Study 7, we examined why members of occupational roles share properties. Participants did not attribute the inductive potential of occupational roles to essences, they attributed it to social institutions. In combination, these seven studies demonstrate that any theory of inductive potential must pluralistically allow for both essences and social institutions to form the basis of inductive potential. (shrink)

The traditional conception construes human rights as moral rights all people have due to some basic feature or interests deemed intrinsically valuable. This comported well with the revival of the discourse of human rights in the wake of atrocities committed during WWII. It served as a useful referent for local struggles against foreign rule and domestic dictatorship in the 1980s. Since 1989, human rights discourse acquired a new function: the justification of sanctions, military invasions, and transformative (...) occupation administrations by outsiders, framed as enforcement of international law against violators. The traditional conception doesn't fit this new function, hence the efforts to counter-pose a "political" to the "traditional" approach. This essay analyzes two recent versions of the political conception, and argues for a third. The thesis is that sovereign equality and human rights are normative principles of our dualist international system and both are needed to construct a more just version of that system. (shrink)

This article examines the nature of the wrongs that are inflicted on individuals and groups who have been expelled from the land that they previously occupied, and asks what they might consequently be owed as a matter of corrective justice. I argue that there are three sorts of potential wrongs involved in such expulsions: being deprived of the moral right of occupancy; being denied collective self-determination; and having one's property rights violated. Although analytically distinct, all of these wrongs (...) are likely to be perpetrated when people are expelled from their homelands. Although there is substantial literature on corrective justice dealing with such cases, most of that literature focuses on the expropriation of property only, and is therefore unlikely to grasp the full implications of the wrong done or to reveal the full extent of what might be owed to people as a matter of corrective justice. (shrink)

In a significant early case, the ICTY commented: “The essence of the whole corpus of international humanitarian law as well as human rights law lies in the protection of the human dignity of every person…. The general principle of respect for human dignity is . . . the very raison d'être of international humanitarian law and human rights law.” Is it true that international humanitarian law and international human rights law share the same “essence,” and that essence (...) is the general principle of respect for human dignity? Is it true that, in the words of Charles Beitz, humanitarian law is “perhaps better described as the law of ‘human rights in armed conflicts’”? To answer yes, I argue, amounts to a reinterpretation of IHL that drifts far from its history. This reinterpretation is what I label human rights thinking . In its origins, IHL was not designed to protect human dignity, but to reduce human suffering; it was a form of disaster relief. Human rights law, by contrast, originated as a blueprint for the kind of peacetime societies that would no longer plunge the world into what the UN Charter calls the “untold sorrow” of war. Nevertheless, law changes. Perhaps the nature of IHL has evolved over time in the direction of human rights thinking, and should evolve that way. That is the view I defend-–with some qualifications-–in the final sections of this essay. First, I explore the very different genealogies of IHL and human rights law, and explain how human rights thinking migrated into IHL. I attribute the migration to international criminal law, military occupations, and reactions to the U.S. war on terrorism. In the final sections, I explore two ways human rights thinking can be pursued in wars. One of them, I will argue, overplays and overestimates what human rights thinking can accomplish. It does so by, in effect, willing away fundamental differences between war and peace. The other is an approach that I have defended for more than three decades. It consists, at bottom, of taking a civilian’s-eye view of the disasters of war and reading the law accordingly-–recognizing, one might say, that Mother Courage and her children matter just as much to the law of war as Henry V and his band of brothers. (shrink)

Humanitarian agencies have confronted one disaster after another over the last twenty-five years. Decades of intense growth in reacting to complex global calamities have seriously affected humanitarian efforts. Contending organizations – NGOs, states – engage in transnational interventions. From regions of natural disaster to sectors marked by political clashes, a new rationale for intervention has appeared which merges humanitarian assistance and military engagement. Humanitarian intervention sanctions the notion that military power is a necessary part of the responsibility to protect. The (...) imperative to safeguard lives in jeopardy results in a form of humanitarian and military government in constant motion from one disaster to the next. Under the mandate of the right to intervene, this tactic confronts state sovereignty, particularly since humanitarian organizations engage in political activities such as establishing respect for human rights. The relation between military and humanitarian intervention in the context of disaster, is founded on a calculus of security, based in the legitimacy of measures meant to safeguard human life. A new form of humanitarian governance is thus emerging from military occupations and natural disasters. This paper will examine the human rights consequences of these states of disaster and the novel form of government associated with them. (shrink)

The paper argues that individual Palestinians have a right of return to historic Palestine in virtue of being members of the Palestinian people that continues to have occupancy rights in historic Palestine. More specifically, the paper argues that the Palestinians were, when Israel was founded, a people with occupancy rights to their lands, that they continue to be a people to this day, and that their occupancy right has not been alienated, forfeited, or prescripted. The (...) paper then argues that individual Palestinians have the right of occupancy in virtue of being members of the Palestinian people. Because the right has been blocked by Israel since 1948, the right of return is the right of individual Palestinians to be allowed to return to their homeland and exercise their occupancy rights there. (shrink)

The paper argues that individual Palestinians have a right of return to historic Palestine in virtue of being members of the Palestinian people that continues to have occupancy rights in historic Palestine. More specifically, the paper argues that the Palestinians were, when Israel was founded, a people with occupancy rights to their lands, that they continue to be a people to this day, and that their occupancy right has not been alienated, forfeited, or prescripted. The (...) paper then argues that individual Palestinians have the right of occupancy in virtue of being members of the Palestinian people. Because the right has been blocked by Israel since 1948, the right of return is the right of individual Palestinians to be allowed to return to their homeland and exercise their occupancy rights there. (shrink)

This Article assesses one kind of argument for an intergenerational right of return in the context of the Israel/palestine conflict. The question is whether descendants of those who were made refugees in the 1948 War can acquire occupancy rights from their parents through inheritance and bequest over territory that they have never lived on. Standard arguments for their inheriting such rights fail for a range of reasons. However, a less familiar argument for inheritance or bequest succeeds—descendants can (...) acquire such rights because their parents have an interest in their being able to live the kind of life that, due to the violation of their rights, they were deprived of. (shrink)

The words 'rebellion' and 'revolution' have gained renewed prominence in the vocabulary of world politics and so has the question of justifiable armed 'resistance'. In this book Christopher J. Finlay extends just war theory to provide a rigorous and systematic account of the right to resist oppression and of the forms of armed force it can justify. He specifies the circumstances in which rebels have the right to claim recognition as legitimate actors in revolutionary wars against domestic tyranny and injustice, (...) and wars of liberation against wrongful foreign occupation and colonialism. Arguing that violence is permissible only in a narrow range of cases, Finlay shows that the rules of engagement vary during and between different conflicts and explores the potential for irregular tactics to become justifiable, such as non-uniformed guerrillas and civilian disguise, the assassination of political leaders and regime officials, and the waging of terrorist war against civilian targets. (shrink)

Despite growing advances in medical technologies, health status inequalities continue to increase across the globe. Developing countries have been faced with declining expenditures in health and social services, increasing burdens posed by both communicable and non-communicable diseases, and economic systems poorly geared to fostering sustainable development for the poorest and most marginalized. Under such circumstances, the challenges facing health practitioners in countries in transition are complex and diverse, and require the balancing of many conflicting imperatives. This is particularly so in (...) relation to the development of public health policy, where equity, redress of past inequalities, and the god of social justice may seemingly be pitted against macroeconomic adjustments required for national economic development in an increasingly globalized economic order.For example, pressures to deregulate as part of a market-oriented development philosophy will increase the risks from occupational hazards in populations desperate for paid employment. (shrink)

Despite growing advances in medical technologies, health status inequalities continue to increase across the globe. Developing countries have been faced with declining expenditures in health and social services, increasing burdens posed by both communicable and non-communicable diseases, and economic systems poorly geared to fostering sustainable development for the poorest and most marginalized. Under such circumstances, the challenges facing health practitioners in countries in transition are complex and diverse, and require the balancing of many conflicting imperatives. This is particularly so in (...) relation to the development of public health policy, where equity, redress of past inequalities, and the god of social justice may seemingly be pitted against macroeconomic adjustments required for national economic development in an increasingly globalized economic order.For example, pressures to deregulate as part of a market-oriented development philosophy will increase the risks from occupational hazards in populations desperate for paid employment. (shrink)

The words 'rebellion' and 'revolution' have gained renewed prominence in the vocabulary of world politics and so has the question of justifiable armed 'resistance'. In this book Christopher J. Finlay extends just war theory to provide a rigorous and systematic account of the right to resist oppression and of the forms of armed force it can justify. He specifies the circumstances in which rebels have the right to claim recognition as legitimate actors in revolutionary wars against domestic tyranny and injustice, (...) and wars of liberation against wrongful foreign occupation and colonialism. Arguing that violence is permissible only in a narrow range of cases, Finlay shows that the rules of engagement vary during and between different conflicts and explores the potential for irregular tactics to become justifiable, such as non-uniformed guerrillas and civilian disguise, the assassination of political leaders and regime officials, and the waging of terrorist war against civilian targets. (shrink)

Ce récit d’une expérience d’enseignement de la philosophie dans le cadre général de l’occupation allemande, mais dans des conditions et circonstances singulières, tente de restituer l’ambiance d’oppression et de répression. Le lycée ou le collège dut subir les répercussions des événements politiques dramatiques, extérieurs à lui. La philosophie, dans la tourmente, essaya de préserver son identité et sa continuité. L’enseignant était bien placé pour suivre quelques-unes des péripéties de cette survie et pour témoigner des sacrifices que certains y consentirent.Such a (...) narrative of one’s own experience of teaching philosophy within the general framework of the German Occupation, but also under unusual strange conditions and circumstances, tries to recapture the atmosphere both of oppresion and repression. Both lycées and colleges were submitted to the repercussions of political dramatic events taking place outside. Philosophy, within such a turmoil, tried to preserve its identity and continuity. The teacher was indeed in the right position to follow some of the peripeteia of such a survival and to evidence sacrifices that a few had to give in to. (shrink)

Ce récit d'une expérience d' enseignement de la philosophie dans le cadre général de l' occupation allemande, mais dans des conditions et circonstances singulières, tente de restituer l' ambiance d'oppression et de répression. Le lycée ou le collège dut subir les répercussions des événements politiques dramatiques, extérieurs à lui. La philosophie, dans la tourmente, essaya de préserver son identité et sa continuité. L'enseignant était bien placé pour suivre quelques-unes des péripéties de cette survie et pour témoigner des sacrifices que certains (...) y consentirent. Such a narrative of one's own experience of teaching philosophy within the general framework of the German Occupation, but also under unusual strange conditions and circumstances, tries to recapture the atmosphere both of oppresion and repression. Both lycées and colleges were submitted to the repercussions of political dramatic events taking place outside. Philosophy, within such a turmoil, tried to preserve its identity and continuity. The teacher was indeed in the right position to follow some of the peripeteia of such a survival and to evidence sacrifices that a few had to give in to. (shrink)

The job of being a sports team physician is difficult, regardless of the level, from high school to the National Football League. When a sports league receives the intensity of attention leveled at the NFL, though, a difficult occupation becomes even more challenging. Even for the NFL players themselves, players’ best interests regarding health issues are often unclear. Football players are, as a lot, highly competitive individuals. They want to win, and they want to help the team win. It's a (...) warrior culture, and respect is earned by playing hurt. Should the team physician respect a player's autonomy when this means allowing him to make choices that might lead to further personal harm, especially if the player's choices align with the preference of the coach and management? Or should the doctor set limits and balance the player's choices with a paternalistic set of constraints, perhaps in opposition to both the player's and the team's desires? Simplification of this web of conflicts of interest is the goal of the model proposed by Glenn Cohen, Holly Lynch, and Christopher Deubert. In my view, their proposal is very clever. As an idea, it meets the expectations its authors set, namely, to minimize the problem of conflict of interest in the delivery of health care services to NFL football players. The ethics of the proposal align well with certain moral goals, like treating the player's interests more fairly and treating the player's health as an end instead of as the means to an end. But will such a proposal ever make headway in the pressurized environment of the NFL? (shrink)

Knowing the theory of gender that a court is using to understand and assess the issues in a case is vital to ensuring that women are afforded their full rights under the law. Unfortunately, courts often do not explicitly state what understanding of gender is informing their decisions. An exception is found in employment law: specifically, the bona fide occupational qualification (BFOQ) exception to Title VII of the Civil Rights Act, which allows employers to engage in sex-based discrimination (...) in those instances in which the sex of the employee is a reasonably necessary qualification for the job. In these cases, because the court must analyze how “manness” or “womanness” impacts one's qualification to hold certain kinds of employment, the court must articulate its understanding of gender. This paper examines two BFOQ cases in the cross-gender prison guard context, those cases in which an individual of one sex seeks to guard inmates of the opposite sex. In these cases the courts created a theory of gender that posits men and women as different in kind. The theory developed in this line of cases is an attack on Title VII protections and a potential barrier to women's equality under the law. (shrink)

The HIV/AIDS pandemic, now well into its third decade and spreading in states as diverse as Belarus, Ukraine, Indonesia, and Papua New Guinea, has shown us that we truly are sharing an interconnected world. As we struggle to deal with both ongoing and emerging threats to public health, and to reach just balances of the rights of individuals and communities, it is critically important not to lose sight of the many states where neither the rights of citizens nor (...) the well-being of the community drive policy. Secretive, rights-violating regimes make poor global citizens in a world where new threats can emerge from obscure corners of the world (like occupational exposures in the butchering of masked palm civets or chimpanzees) and spread fast and far. The mishandling of public health threats in such states may be due to incompetence, malfeasance, official denial, censorship of science, bureaucratic inertia, or the desire not to lose face on the global stage. This is true for state failure in an array of other arenas, including economics and development. But public health failures are likely to have effects beyond state borders, and to affect us all. And this may be reason for some hope: outbreaks like SARS cast a bright light on ineffective responses, and may be one more reason for the citizens of the world who live in free societies to be concerned over the fate of those who do not. (shrink)

This paper presents the results of an empirical study that reflects monitoring and evaluation of the implementation of some legal acts on the labour of the Republic of Lithuania. The analysis of legal documents at the national and international level is provided. A review of cognate studies conducted by foreign and Lithuanian researchers is presented and the professional situation of a Lithuanian teacher from the employee rights perspective is highlighted. The professional activities contexts and sectors, wherein systematic violations of (...) teachers’ rights to a healthy and safe working environment are possible, are distinguished. A lack of generalized scientific data of employee (especially teacher) working conditions, the actual security of relevant rights and its monitoring and evaluation is still felt both in the country and abroad. A contradiction between: a) insufficient research of the issue and b) its importance to science and practice, exactly presupposes the scientific problems of the empirical study presented in the given paper. The subject of the study: teachers’ rights to a healthy and safe working environment and a fair remuneration for their work. The objective of the study: to conduct monitoring and evaluation of the effective implementation of relevant legal norms and legal acts applying a written sociological survey. The study is based on the results of a mass country-wide written survey of teachers. (shrink)

Working from a "capitalist" theory of exploitation, based on a neo-classical account of economic value, I argue that guest workers are exploited. It may be objected, however, that since they are not citizens, any inequality that stems from their status as non-citizens is morally unobjectionable. Although host countries are under no moral obligation to admit guest workers as citizens, there are independent reasons that call for the extension of economic rights – the freedom of occupation in particular – to (...) guestworkers. Since the cause of unequal exchange rests in the fact that guest workers are deprived of these rights, rather than in their exclusion from citizenship per se, I conclude that they are exploited even if their exclusion from citizenship may be justified. (shrink)