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Rights Practices’ (2020) 25(1)Critical Review of International Social and Political Philosophy 50. 14 Letsas, ‘Strasbourg’s Interpretive Ethic: Lessons for the International Lawyer’ (2010) 21(3 ... ), The Philosophy of International Law (2010) 79; Scherz, ‘Tying Legitimacy to Political Power: Graded Legitimacy Standards for International Institutions’ (2021) 20(4) European Journal of Political Theory
then shows that neither naturalistic theories nor political theories on human rights can explain both the moral demands of human rights and accept the possibility of a change in those demands. Instead ... , ‘human rights’ has been the subject of extensive scholarly comment in recent years, with two dominant approaches emerging in the literature: naturalistic (or practice-independent) scholarship and political
common typology is to distinguish between political and ethical or moral conceptions.26 However, the point of those theories is best understood as elucidating which rights meaningfully count as human ... responsible for failing to fulfil its positive obligations.44 For our purposes, the findings regarding (extraterritorial) jurisdiction under article 2(1) of the International Covenant on Civil and Political
through ‘political, developmental and human rights programmes and mechanisms’ that consider ‘the needs of all segments of society’.2 This article examines whether the implementation of the Declaration can ... integrity [and] political independence’49 of other States and (2) intra-state peace of other States by ‘organizing, instigating, assisting or participating in acts of civil strife or terrorist acts’.50 In
recurrent topic. Across later anniversary sessions, Greek, French and English philosophy, Christianity, Judaism, Islam and the Enlightenment are also referred to in recollections of the Declaration’s origins ... impact that the UDHR has had since 1948. This is evident in reference to international conventions on refugees, stateless persons, the political rights of women, the abolition of forced labour, the
(eds), The Least Examined Branch: The Role of Legislatures in the Constitutional State ( 2006 ) ; Arendt, Lectures on Kant's Political Philosophy ( 1982 ). See also Malik, 'Faith and the State of ... often assumed that modern human rights originated in the philosophy of the Enlightenment, Hunt maintains that the acceptance of human rights, and its gathering of momentum as a force for change, depended
difficulties in the way of this thesis, but that these may be overcome. My claim is that if they are overcome, it will not be due to intellectual necessity, but to do with historical and political contingencies ... intellectual and social history, sociology proper and branches of philosophy other than applied moral and political philosophy, have played a much smaller role. Indeed, they often take up a critical role vis-a
itself, different possibilities for the label ‘new’ are discussed. For this purpose new coin motifs, changes of the emperor’s portrait, unusual coin legends, political changes, and connections with unknown
The majority of discourse on American mass incarceration attempts to explain the outsize populations in jails and prisons as the result of a political war against a specific group of people (e.g ... women’s social and political agency and personifies numerous human rights violations against women.9 This paper examines women’s incarceration as a unique feature of American mass incarceration by studying
, only political commitments, with no legally binding force and can be displaced if States regard other priorities as more pressing. This raises the question of the extent to which early childhood care ... consistent with the system of international law, and sensitive to the nature of the socio-political context within individual states and the international legal order.15 The usual starting point is the method
systemic legal problems in post-communist contexts, they should not be applied to conflict or post-conflict cases where the underlying problems are deeply rooted ethno-political disputes. ... jurisprudential debates into their political context by drawing attention to the domestic consequences of reforms adopted to save the ECtHR’s future. It argues that in applying the pilot judgment to the Kurdish
civil and political rights and economic, social and cultural rights, respectively;5 177 states had ratified the Convention on the Elimination of All Forms of Racial Discrimination; 189 had ratified the ... status of human rights as law needs to be protected and that the distinction between legal obligations and other obligations of a moral or political nature needs to be maintained. ?Human rights? may mean
direct political action. Strategic discussion of how to prioritize and harmonize those approaches, or how best to build momentum among the states, however, is frequently held behind closed doors when it is ... advocates around the country have been using any tools in grabbing distance to achieve those results: legislation, ballot initiatives, administrative or judicial regulations, or direct political action
her research assistance, and Professor Elizabeth Semel, the participants in the NYU Colloquium in Legal, Political and Social Philosophy, and the editors of this journal for helpful comments and ... See, e.g., Andrew von Hirsch, Proportionality in the Philosophy of Punishment: From “Why Punish?” to “How Much?”, 1 CRIM. L. F. 259, 282-88 (1990). 10 This is easiest to see in the case of incarceration
, society tends to look to more objective criteria to determine what is harmful.”44 In conclusion, as Harcourt writes, “from philosophy of law to substantive criminal law, the harm principle permeated the ... debate during the 1960s and 1970s.”45 The Crisis and Decline of the Philosophy of Harm At the end of the 1980s, precisely at a time when in Europe it was celebrated as an effective and more viable
norms of the International Covenant on Civil and Political Rights. ... race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Also Article 26 which provides that [a]ll persons are equal before the law
“correctional free lunch,” which allows local judges and prosecutors to consume state prison resources without fiscal or political accountability. See FRANKLIN E. ZIMRING & GORDON HAWKINS, THE SCALE OF ... be better than one.”29 (iii) The legislative law-and-order syndrome. Even if presumptive sentences are devised by an independent commission or other non-political body, it is all too easy for some or
’ commitment to learn philosophy. In the lower part of the same column – cr. 11 pz. 1 fr. 51 (left) – Crönert thought he could read a reference to Philonides’ noble attitude towards death, as he supplemented τ8 ... philosophy at the court of Demetrius I Soter (161–150 bce).14 24 28 4 8 20 lines missing [ ±4 ]αι[ ±11 ] cr. 12 pz. 4 fr. 59 [ ±4 ]ιο[ ±11 ] [ ±2 ]τ!ε!ω!)!κ!α![ ±8 ] [ ±5 ]ν[ ±10 ] [ ±3 ]ν!τοιστε! 
