This document provides a brief introduction to human rights by discussing them from three perspectives: ethics, law, and social activism. It outlines the historical development of human rights from Enlightenment philosophies emphasizing natural rights and universal human values. While human rights have an ethical basis, they are also incorporated into legal systems through international agreements and domestic laws. Finally, social movements advocate for human rights to influence legal norms and their practical implementation. The document examines ongoing debates around balancing human rights with state sovereignty and questions of universality.
Fordham Law ReviewVolume 66 Issue 2 Article 21997ShainaBoling829
Fordham Law Review
Volume 66 | Issue 2 Article 2
1997
Capabilities and Human Rights
Martha C. Nussbaum
This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for
inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information,
please contact [email protected]
Recommended Citation
Martha C. Nussbaum, Capabilities and Human Rights, 66 Fordham L. Rev. 273 (1997).
Available at: http://ir.lawnet.fordham.edu/flr/vol66/iss2/2
http://ir.lawnet.fordham.edu/flr
http://ir.lawnet.fordham.edu/flr/vol66
http://ir.lawnet.fordham.edu/flr/vol66/iss2
http://ir.lawnet.fordham.edu/flr/vol66/iss2/2
mailto:[email protected]
CAPABILITIES AND HUMAN RIGHTS
Martha C. Nussbaum*
INTRODUCTION
W HEN governments and international agencies talk about peo-
ple's basic political and economic entitlements, they regularly
use the language of rights. When constitutions are written in the mod-
em era, and their framers wish to identify a group of particularly ur-
gent interests that deserve special protection, once again it is the
language of rights that is regularly preferred.
The language of rights has a moral resonance that makes it hard to
avoid in contemporary political discourse. But it is certainly not on
account of its theoretical and conceptual clarity that it has been pre-
ferred. There are many different ways of thinking about what a right
is, and many different definitions of "human rights."' For example,
rights are often spoken of as entitlements that belong to all human
beings simply because they are human, or as especially urgent inter-
ests of human beings as human beings that deserve protection regard-
less of where people are situated.2 Within this tradition there are
differences. The dominant tradition has typically grounded rights in
the possession of rationality and language, thus implying that non-
human animals do not have them, and that mentally impaired humans
may not have them.3 Some philosophers have maintained that senti-
ence, instead, should be the basis of rights; thus, all animals would be
rights-bearers.4 In contrast to this entire group of natural-rights theo-
rists, there are also thinkers who treat all rights as artifacts of state
action.5 The latter position would seem to imply that there are no
* Ernst Freund Professor of Law and Ethics: Law School, Philosophy Depart-
ment, and Divinity School, The University of Chicago.
1. For one excellent recent account, with discussions of other views, see Alan
Gewirth, The Community of Rights (1996).
2. For just one example, this is the view of Thomas Paine. See Thomas Paine,
Rights of Man-Common Sense 80-85 (Alfred A. Knopf 1994) (quoting and discuss-
ing the French Declaration of the Rights of Man and of Citizens); id. at 114 (insisting
that rights, so conceived, should be the foundation of a nation's prosperity). Such
views ultima ...
Fordham Law ReviewVolume 66 Issue 2 Article 21997ShainaBoling829
Fordham Law Review
Volume 66 | Issue 2 Article 2
1997
Capabilities and Human Rights
Martha C. Nussbaum
This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for
inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information,
please contact [email protected]
Recommended Citation
Martha C. Nussbaum, Capabilities and Human Rights, 66 Fordham L. Rev. 273 (1997).
Available at: http://ir.lawnet.fordham.edu/flr/vol66/iss2/2
http://ir.lawnet.fordham.edu/flr
http://ir.lawnet.fordham.edu/flr/vol66
http://ir.lawnet.fordham.edu/flr/vol66/iss2
http://ir.lawnet.fordham.edu/flr/vol66/iss2/2
mailto:[email protected]
CAPABILITIES AND HUMAN RIGHTS
Martha C. Nussbaum*
INTRODUCTION
W HEN governments and international agencies talk about peo-
ple's basic political and economic entitlements, they regularly
use the language of rights. When constitutions are written in the mod-
em era, and their framers wish to identify a group of particularly ur-
gent interests that deserve special protection, once again it is the
language of rights that is regularly preferred.
The language of rights has a moral resonance that makes it hard to
avoid in contemporary political discourse. But it is certainly not on
account of its theoretical and conceptual clarity that it has been pre-
ferred. There are many different ways of thinking about what a right
is, and many different definitions of "human rights."' For example,
rights are often spoken of as entitlements that belong to all human
beings simply because they are human, or as especially urgent inter-
ests of human beings as human beings that deserve protection regard-
less of where people are situated.2 Within this tradition there are
differences. The dominant tradition has typically grounded rights in
the possession of rationality and language, thus implying that non-
human animals do not have them, and that mentally impaired humans
may not have them.3 Some philosophers have maintained that senti-
ence, instead, should be the basis of rights; thus, all animals would be
rights-bearers.4 In contrast to this entire group of natural-rights theo-
rists, there are also thinkers who treat all rights as artifacts of state
action.5 The latter position would seem to imply that there are no
* Ernst Freund Professor of Law and Ethics: Law School, Philosophy Depart-
ment, and Divinity School, The University of Chicago.
1. For one excellent recent account, with discussions of other views, see Alan
Gewirth, The Community of Rights (1996).
2. For just one example, this is the view of Thomas Paine. See Thomas Paine,
Rights of Man-Common Sense 80-85 (Alfred A. Knopf 1994) (quoting and discuss-
ing the French Declaration of the Rights of Man and of Citizens); id. at 114 (insisting
that rights, so conceived, should be the foundation of a nation's prosperity). Such
views ultima ...
Duke University Press and New German Critique are collaborat.docxaryan532920
Duke University Press and New German Critique are collaborating with JSTOR to digitize, preserve and extend access to New
German Critique.
http://www.jstor.org
The Public Sphere: An Encyclopedia Article (1964)
Author(s): Jürgen Habermas, Sara Lennox and Frank Lennox
Source: New German Critique, No. 3 (Autumn, 1974), pp. 49-55
Published by: Duke University Press
Stable URL: http://www.jstor.org/stable/487737
Accessed: 21-08-2014 22:13 UTC
Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at
http://www.jstor.org/page/info/about/policies/terms.jsp
JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content
in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship.
For more information about JSTOR, please contact [email protected]
This content downloaded from 134.114.101.31 on Thu, 21 Aug 2014 22:13:48 UTC
All use subject to JSTOR Terms and Conditions
http://www.jstor.org
http://www.jstor.org/action/showPublisher?publisherCode=duke
http://www.jstor.org/stable/487737
http://www.jstor.org/page/info/about/policies/terms.jsp
http://www.jstor.org/page/info/about/policies/terms.jsp
The Public Sphere:
An Encyclopedia Article (1964)*
by Jirgen Habermas
1. The Concept. By "the public sphere" we mean first of all a realm of our
social life in which something approaching public opinion can be formed.
Access is guaranteed to all citizens. A portion of the public sphere comes
into being in every conversation in which private individuals assemble to
form a public body.1 They then behave neither like business or professional
people transacting private affairs, nor like members of a constitutional order
subject to the legal constraints of a state bureaucracy. Citizens behave as a
public body when they confer in an unrestricted fashion--that is, with the
guarantee of freedom of assembly and association and the freedom to
express and publish their opinions-about matters of general interest. In a
large public body this kind of communication requires specific means for
transmitting information and influencing those who receive it. Today
newspapers and magazines, radio and television are the media of the public
sphere. We speak of the political public sphere in contrast, for instance, to
the literary one, when public discussion deals with objects connected to the
activity of the state. Although state authority is so to speak the executor of
the political public sphere, it is not a part of it.2 To be sure, state authority
is usually considered "public" authority, but it derives its task of caring for
the well-being of all citizens primarily from this aspect of the public sphere.
Only when the exercise of political control is effectively subordinated to the
democratic demand that information be accessible to the public, does the ...
What Are Human Rights?
Human rights are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. Human rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more. Everyone is entitled to these rights, without discrimination.
International Human Rights Law
International human rights law lays down the obligations of Governments to act in certain ways or to refrain from certain acts, in order to promote and protect human rights and fundamental freedoms of individuals or groups.
One of the great achievements of the United Nations is the creation of a comprehensive body of human rights law—a universal and internationally protected code to which all nations can subscribe and all people aspire. The United Nations has defined a broad range of internationally accepted rights, including civil, cultural, economic, political and social rights. It has also established mechanisms to promote and protect these rights and to assist states in carrying out their responsibilities.
The foundations of this body of law are the Charter of the United Nations and the Universal Declaration of Human Rights, adopted by the General Assembly in 1945 and 1948, respectively. Since then, the United Nations has gradually expanded human rights law to encompass specific standards for women, children, persons with disabilities, minorities and other vulnerable groups, who now possess rights that protect them from discrimination that had long been common in many societies.
Universal Declaration of Human Rights
The aim of this paper is to look into the topic of human rights; consequently showing that the fight for recognizing the cultural identity develops through the system of human rights. Specifically speaking, the latter is achieved through civil and political rights, individual rights, and I generation. The collective practices of the cultural self-identification of the individual develop exactly through the civil rights, namely speaking the right of self-determination. The collective practices also influence and determine the political system. Therefore, in this paper I direct the tone towards the democratic form of the political system of the segmented or the plural multicultural societies and countries. The implication of this paper is that the consociational democracy (or consensual according to some authors) as a democratic and political system in multi-cultural societies and cultural difference in the politics are tightly intertwined with the source of their rights—meaning the system of human rights. Keywords: Human Rights, civil and political rights, collective rights and practices, plural multicultural societies, consociational democracy (consensual), international law on human rights
Based on Arendt’s analysis of human rights, do you think human rig.docxjasoninnes20
Based on Arendt’s analysis of human rights, do you think human rights are
sufficient for protecting vulnerable populations including refugees illegal
immigrants, and people forced into exile? What are some of Arendt’s reasons? Use a current event to explain your analysis.
YOU SHOULD READ THE LECTURE FIRST
For more detail
WhatsApp: +15412856343
Human Rights /
Humans as Political Beings
Lecture 2.4
Natural Rights, Civil Rights, Human Rights
So far, in this unit of the course, the notion of
“rights” has come up several times. Both Hobbes,
Locke, and Mills discuss rights in some way.
As you may recall, Hobbes defines right as a type of
liberty, the freedom to do something without
impediment. Both Hobbes and Locke believe that
humans have natural rights, that is inherent
freedoms that they are endowed with by nature. In
other words, because humans and the world are
they way they are, humans come with pre-given
rights. For Hobbes the principle right held by
humans was to do whatever it takes to survive. For
Locke it was to defend one’s property (including
one’s life).
For Hobbes, when humans enter a social contract
and form a government with laws, they give up
their natural rights. For Locke, the institution of
government provides a way of guaranteeing one’s
natural rights by codifying those rights into law. When
a sovereign power establishes rights for its citizens
and laws for protecting those rights, we get civil
rights.
Natural rights apply in the state of nature while civil
rights apply in civilization. Human rights refer to
those rights which humans hold simply because they
are human. Such rights are closer in kind to natural
rights, but are often reflected in civil rights.
The notion of human rights gets invoked frequently in
discussions of violations of human dignity and ethics.
But where do human rights come from? Are they
real? Who guarantees them? How effective are
they in protecting vulnerable people? Do
other-than-human beings have rights, too?
Amartya Sen, 1933 -
Sen was born in West Bengal India in 1933. He
received is B.A., M.A., and Ph.D. in Economics at
Trinity College in Cambridge, England. His research
has included topics such as social choice theory,
economic theory, ethics and political philosophy,
welfare economics, theory of measurement,
decision theory, development economics, public
health, and gender studies. His interest in global
welfare and human rights was partly inspired by his
experience of witnessing famine in India.
Sen has served on various economic advisory
boards including the American Economic
Association. He has also received numerous awards
for his work, the most prestigious of which was the
Nobel Prize in economics.
Sen currently teaches at Harvard University.
Hannah Arendt,
1906-1975
Arendt was born in Linden, Germany in 1906 to a Jewish
family. She studied under the German philosophers
Martin Heidegg ...
Assessing Criminal Justice Practice Using Social JusticeTheo.docxfredharris32
Assessing Criminal Justice Practice Using Social Justice
Theory
Matthew Robinson
Published online: 20 March 2010
� Springer Science+Business Media, LLC 2010
Abstract In this article, I introduce two of the leading theories of social justice put
forth by John Rawls and David Miller. Then, I assess criminal justice practice, from
law-making to corrections, in terms of ways in which it is consistent and incon-
sistent with these theories of social justice. Throughout the article, I also identify
ways in which criminal justice practice is inconsistent with social justice. Finally, I
make recommendations for reforming criminal justice to make it more consistent
with social justice.
Keywords Social justice � Criminal justice practice � Law � Equality �
Liberty � Opportunity
Books Reviewed
D. Miller, Principles of Social Justice. Harvard University Press, Boston, MA, 2003.
J. Rawls, Justice as Fairness: A Restatement, 2nd ed. Belknap Press, Boston, MA,
2003.
Introduction
Criminal justice agencies have been facing serious criticisms from scholars in
criminal justice, criminology, and related disciplines. One main claim is that
criminal justice agencies are ineffective at meeting their goals, especially achieving
justice (Robinson, 2009). Others say the ‘‘criminal justice system’’ may actually be
M. Robinson (&)
Government and Justice Studies, Appalachian State University,
Boone, NC 28608, USA
e-mail: [email protected]
123
Soc Just Res (2010) 23:77–97
DOI 10.1007/s11211-010-0108-1
aimed at controlling certain segments of the population––the dangerous classes––in
order to serve ideological interests of the powerful (Reiman, 2003; Shelden, 2000).
Whatever the case, few would argue with the point that there are major
inconsistencies between criminal justice practice and efforts to bring about social
justice (Arrigo, 1998). ‘‘Social justice’’ is generally equated with the notion of
equality or equal opportunity in society. Although equality is undeniably part of
social justice, the meaning of social justice is actually much broader (Scherlen &
Robinson, 2008). Further, ‘‘equal opportunity’’ and similar phrases such as
‘‘personal responsibility’’ have been used to diminish the prospective for realizing
social justice by justifying enormous inequalities in modern society (Berry, 2005).
The most recent theories of, and scholarly statements about, social justice illustrate
the complex nature of the concept.
Two of the most prominent statements about social justice, each of which posits
its own theory of social justice, are John Rawls’ (2003) Justice as Fairness and
David Miller’s (2003) Principles of Social Justice. Both conceptions of social
justice are similar, so there is significant overlap between the main ideas of the
theorists; this is likely due to the fact that they are founded on like principles and
based on previously posited theories from significant historical political philoso-
phers (Brighouse, 2005).
...
International Journal of Humanities and Social Science Invention (IJHSSI)inventionjournals
International Journal of Humanities and Social Science Invention (IJHSSI) is an international journal intended for professionals and researchers in all fields of Humanities and Social Science. IJHSSI publishes research articles and reviews within the whole field Humanities and Social Science, new teaching methods, assessment, validation and the impact of new technologies and it will continue to provide information on the latest trends and developments in this ever-expanding subject. The publications of papers are selected through double peer reviewed to ensure originality, relevance, and readability. The articles published in our journal can be accessed online.
The Journal will bring together leading researchers, engineers and scientists in the domain of interest from around the world. Topics of interest for submission include, but are not limited to
Practices of universally declared human rights premises is eventually an indi...Thesigan Nadarajan
If the acceptance and practice of the universally declared human rights charter is a subjective issue to ethics, politics and religion, then, its practices eventually becomes an individual decision. Individuals will then have to decide whether to practice or not, even when the majority of their fellow human beings disagree with them. It is the collective decisions of individuals who want to practice the universally declared human rights that will assure of its continual promotion among humanity.
Duke University Press and New German Critique are collaborat.docxaryan532920
Duke University Press and New German Critique are collaborating with JSTOR to digitize, preserve and extend access to New
German Critique.
http://www.jstor.org
The Public Sphere: An Encyclopedia Article (1964)
Author(s): Jürgen Habermas, Sara Lennox and Frank Lennox
Source: New German Critique, No. 3 (Autumn, 1974), pp. 49-55
Published by: Duke University Press
Stable URL: http://www.jstor.org/stable/487737
Accessed: 21-08-2014 22:13 UTC
Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at
http://www.jstor.org/page/info/about/policies/terms.jsp
JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content
in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship.
For more information about JSTOR, please contact [email protected]
This content downloaded from 134.114.101.31 on Thu, 21 Aug 2014 22:13:48 UTC
All use subject to JSTOR Terms and Conditions
http://www.jstor.org
http://www.jstor.org/action/showPublisher?publisherCode=duke
http://www.jstor.org/stable/487737
http://www.jstor.org/page/info/about/policies/terms.jsp
http://www.jstor.org/page/info/about/policies/terms.jsp
The Public Sphere:
An Encyclopedia Article (1964)*
by Jirgen Habermas
1. The Concept. By "the public sphere" we mean first of all a realm of our
social life in which something approaching public opinion can be formed.
Access is guaranteed to all citizens. A portion of the public sphere comes
into being in every conversation in which private individuals assemble to
form a public body.1 They then behave neither like business or professional
people transacting private affairs, nor like members of a constitutional order
subject to the legal constraints of a state bureaucracy. Citizens behave as a
public body when they confer in an unrestricted fashion--that is, with the
guarantee of freedom of assembly and association and the freedom to
express and publish their opinions-about matters of general interest. In a
large public body this kind of communication requires specific means for
transmitting information and influencing those who receive it. Today
newspapers and magazines, radio and television are the media of the public
sphere. We speak of the political public sphere in contrast, for instance, to
the literary one, when public discussion deals with objects connected to the
activity of the state. Although state authority is so to speak the executor of
the political public sphere, it is not a part of it.2 To be sure, state authority
is usually considered "public" authority, but it derives its task of caring for
the well-being of all citizens primarily from this aspect of the public sphere.
Only when the exercise of political control is effectively subordinated to the
democratic demand that information be accessible to the public, does the ...
What Are Human Rights?
Human rights are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. Human rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more. Everyone is entitled to these rights, without discrimination.
International Human Rights Law
International human rights law lays down the obligations of Governments to act in certain ways or to refrain from certain acts, in order to promote and protect human rights and fundamental freedoms of individuals or groups.
One of the great achievements of the United Nations is the creation of a comprehensive body of human rights law—a universal and internationally protected code to which all nations can subscribe and all people aspire. The United Nations has defined a broad range of internationally accepted rights, including civil, cultural, economic, political and social rights. It has also established mechanisms to promote and protect these rights and to assist states in carrying out their responsibilities.
The foundations of this body of law are the Charter of the United Nations and the Universal Declaration of Human Rights, adopted by the General Assembly in 1945 and 1948, respectively. Since then, the United Nations has gradually expanded human rights law to encompass specific standards for women, children, persons with disabilities, minorities and other vulnerable groups, who now possess rights that protect them from discrimination that had long been common in many societies.
Universal Declaration of Human Rights
The aim of this paper is to look into the topic of human rights; consequently showing that the fight for recognizing the cultural identity develops through the system of human rights. Specifically speaking, the latter is achieved through civil and political rights, individual rights, and I generation. The collective practices of the cultural self-identification of the individual develop exactly through the civil rights, namely speaking the right of self-determination. The collective practices also influence and determine the political system. Therefore, in this paper I direct the tone towards the democratic form of the political system of the segmented or the plural multicultural societies and countries. The implication of this paper is that the consociational democracy (or consensual according to some authors) as a democratic and political system in multi-cultural societies and cultural difference in the politics are tightly intertwined with the source of their rights—meaning the system of human rights. Keywords: Human Rights, civil and political rights, collective rights and practices, plural multicultural societies, consociational democracy (consensual), international law on human rights
Based on Arendt’s analysis of human rights, do you think human rig.docxjasoninnes20
Based on Arendt’s analysis of human rights, do you think human rights are
sufficient for protecting vulnerable populations including refugees illegal
immigrants, and people forced into exile? What are some of Arendt’s reasons? Use a current event to explain your analysis.
YOU SHOULD READ THE LECTURE FIRST
For more detail
WhatsApp: +15412856343
Human Rights /
Humans as Political Beings
Lecture 2.4
Natural Rights, Civil Rights, Human Rights
So far, in this unit of the course, the notion of
“rights” has come up several times. Both Hobbes,
Locke, and Mills discuss rights in some way.
As you may recall, Hobbes defines right as a type of
liberty, the freedom to do something without
impediment. Both Hobbes and Locke believe that
humans have natural rights, that is inherent
freedoms that they are endowed with by nature. In
other words, because humans and the world are
they way they are, humans come with pre-given
rights. For Hobbes the principle right held by
humans was to do whatever it takes to survive. For
Locke it was to defend one’s property (including
one’s life).
For Hobbes, when humans enter a social contract
and form a government with laws, they give up
their natural rights. For Locke, the institution of
government provides a way of guaranteeing one’s
natural rights by codifying those rights into law. When
a sovereign power establishes rights for its citizens
and laws for protecting those rights, we get civil
rights.
Natural rights apply in the state of nature while civil
rights apply in civilization. Human rights refer to
those rights which humans hold simply because they
are human. Such rights are closer in kind to natural
rights, but are often reflected in civil rights.
The notion of human rights gets invoked frequently in
discussions of violations of human dignity and ethics.
But where do human rights come from? Are they
real? Who guarantees them? How effective are
they in protecting vulnerable people? Do
other-than-human beings have rights, too?
Amartya Sen, 1933 -
Sen was born in West Bengal India in 1933. He
received is B.A., M.A., and Ph.D. in Economics at
Trinity College in Cambridge, England. His research
has included topics such as social choice theory,
economic theory, ethics and political philosophy,
welfare economics, theory of measurement,
decision theory, development economics, public
health, and gender studies. His interest in global
welfare and human rights was partly inspired by his
experience of witnessing famine in India.
Sen has served on various economic advisory
boards including the American Economic
Association. He has also received numerous awards
for his work, the most prestigious of which was the
Nobel Prize in economics.
Sen currently teaches at Harvard University.
Hannah Arendt,
1906-1975
Arendt was born in Linden, Germany in 1906 to a Jewish
family. She studied under the German philosophers
Martin Heidegg ...
Assessing Criminal Justice Practice Using Social JusticeTheo.docxfredharris32
Assessing Criminal Justice Practice Using Social Justice
Theory
Matthew Robinson
Published online: 20 March 2010
� Springer Science+Business Media, LLC 2010
Abstract In this article, I introduce two of the leading theories of social justice put
forth by John Rawls and David Miller. Then, I assess criminal justice practice, from
law-making to corrections, in terms of ways in which it is consistent and incon-
sistent with these theories of social justice. Throughout the article, I also identify
ways in which criminal justice practice is inconsistent with social justice. Finally, I
make recommendations for reforming criminal justice to make it more consistent
with social justice.
Keywords Social justice � Criminal justice practice � Law � Equality �
Liberty � Opportunity
Books Reviewed
D. Miller, Principles of Social Justice. Harvard University Press, Boston, MA, 2003.
J. Rawls, Justice as Fairness: A Restatement, 2nd ed. Belknap Press, Boston, MA,
2003.
Introduction
Criminal justice agencies have been facing serious criticisms from scholars in
criminal justice, criminology, and related disciplines. One main claim is that
criminal justice agencies are ineffective at meeting their goals, especially achieving
justice (Robinson, 2009). Others say the ‘‘criminal justice system’’ may actually be
M. Robinson (&)
Government and Justice Studies, Appalachian State University,
Boone, NC 28608, USA
e-mail: [email protected]
123
Soc Just Res (2010) 23:77–97
DOI 10.1007/s11211-010-0108-1
aimed at controlling certain segments of the population––the dangerous classes––in
order to serve ideological interests of the powerful (Reiman, 2003; Shelden, 2000).
Whatever the case, few would argue with the point that there are major
inconsistencies between criminal justice practice and efforts to bring about social
justice (Arrigo, 1998). ‘‘Social justice’’ is generally equated with the notion of
equality or equal opportunity in society. Although equality is undeniably part of
social justice, the meaning of social justice is actually much broader (Scherlen &
Robinson, 2008). Further, ‘‘equal opportunity’’ and similar phrases such as
‘‘personal responsibility’’ have been used to diminish the prospective for realizing
social justice by justifying enormous inequalities in modern society (Berry, 2005).
The most recent theories of, and scholarly statements about, social justice illustrate
the complex nature of the concept.
Two of the most prominent statements about social justice, each of which posits
its own theory of social justice, are John Rawls’ (2003) Justice as Fairness and
David Miller’s (2003) Principles of Social Justice. Both conceptions of social
justice are similar, so there is significant overlap between the main ideas of the
theorists; this is likely due to the fact that they are founded on like principles and
based on previously posited theories from significant historical political philoso-
phers (Brighouse, 2005).
...
International Journal of Humanities and Social Science Invention (IJHSSI)inventionjournals
International Journal of Humanities and Social Science Invention (IJHSSI) is an international journal intended for professionals and researchers in all fields of Humanities and Social Science. IJHSSI publishes research articles and reviews within the whole field Humanities and Social Science, new teaching methods, assessment, validation and the impact of new technologies and it will continue to provide information on the latest trends and developments in this ever-expanding subject. The publications of papers are selected through double peer reviewed to ensure originality, relevance, and readability. The articles published in our journal can be accessed online.
The Journal will bring together leading researchers, engineers and scientists in the domain of interest from around the world. Topics of interest for submission include, but are not limited to
Practices of universally declared human rights premises is eventually an indi...Thesigan Nadarajan
If the acceptance and practice of the universally declared human rights charter is a subjective issue to ethics, politics and religion, then, its practices eventually becomes an individual decision. Individuals will then have to decide whether to practice or not, even when the majority of their fellow human beings disagree with them. It is the collective decisions of individuals who want to practice the universally declared human rights that will assure of its continual promotion among humanity.
Synthetic Fiber Construction in lab .pptxPavel ( NSTU)
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Human Rights-A Brief Introduction, 2014 ed (1).pdf
1. Human Rights: A Brief Introduction
Citation
Marks, Stephen P. 2014. Human Rights: A Brief Introduction. Working Paper, Harvard School of
Public Health.
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http://nrs.harvard.edu/urn-3:HUL.InstRepos:23586712
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19. Table 3: Means and methods of human rights implementation
Means
of
implementation
Examples
Promotion
1.
Developing
awareness
Circulation
of
publications,
media
coverage,
human
rights
education.
2.
Standard-‐setting
and
inter-‐
pretation
Adoption
of
declarations
and
conventions
by
UN
Human
Rights
Council,
regional
bodies;
general
comments
by
treaty
bodies,
interpretation
by
tribunals.
3.
Institution
building
Judiciary
and
law
enforcement,
national
commissions
and
ombudsman
offices.
Protection
4.
Monitoring
compliance
with
international
standards
Reporting
procedures,
complaints
procedures,
fact-‐
finding
and
investigation,
special
procedures,
universal
periodic
review
(UPR).
5.
Adjudication
Quasi-‐judicial
procedures
by
treaty
bodies,
judgments
by
international
and
regional
tribunals.
6.
Political
supervision
Resolutions
judging
state
policy
and
practice
by
international
bodies;
“naming
and
shaming”
by
Human
Rights
Council,
UN
General
Assembly;
demarches,
public
and
private
statements
by
states
and
senior
officials.
7.
Humanitarian
action
Assistance
to
refugees
and
internally
displaced
persons
in
humanitarian
emergencies;
repatriation
and
resettlement.
8.
Coercive
action
UN
Security
Council
sanctions,
creation
of
criminal
tribunals,
and
use
of
force
under
the
doctrine
of
“Responsibility
to
Protect”
people
from
genocide,
war
crimes,
ethnic
cleansing
and
crimes
against
humanity.
V: Conclusion
We started by asking whether human
rights have to be considered only in legal
terms and saw that there are at least three
modes of discourse concerning human
rights: legal, philosophical and advocacy.
All three overlap, although historically