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Natural Rights, Morality, and the Law  [PDF]
Drum Peter
Beijing Law Review (BLR) , 2011, DOI: 10.4236/blr.2011.21004
Abstract: It is argued that despite attempts to discount the importance of natural rights for morality, they are fundamental to it; therefore, so too are natural rights to the legitimacy of the law.
Uprootedness and the protection of migrants in the International Law of Human Rights
Trindade, Ant?nio Augusto Can?ado;
Revista Brasileira de Política Internacional , 2008, DOI: 10.1590/S0034-73292008000100008
Abstract: the article attempt to demonstrate the evolution of international law in connected to the subject of the forced immigrants'. the author supported by several texts, cases and resolutions of the regional level, through interamerican court and european court, and the global level, through the international court. it's shown the evolution that occurred in international law in millennium turn over, which recognize the immigrants' rights. however, it's stressed the necessity of the development of those laws connected to the theme e the recognition, from the states; the importance of law's that effort to ensure the respect to human rights relative to the immigrants and their families.
Fundamental rights and private law: A relationship of subordination or complementarity?  [cached]
Olha O. Cherednychenko
Utrecht Law Review , 2007,
Abstract: Originally, private law was considered to be immune from the effect of fundamental rights, the function of which was limited to being individual defences against the vigilant eye of the state. This traditional view, however, has recently been put under pressure as a result of fundamental rights increasingly becoming relevant for private law. The relationships between private parties under private law have started losing their immunity from the effect of fundamental rights. The major question at present is no longer whether fundamental rights may have an impact on private law, but to what extent this will occur, and the answer to this question will determine the future of private law. The primary aim of this article is to establish how fundamental rights and private law (may) relate to each other at present in different legal systems. In light of this, the article considers how fundamental rights (may) affect the relationships between private parties under private law and what consequences this effect has for the relationship between fundamental rights and private law.
Democratic Rights: Decision-Making by Law Makers and Law Enforcers  [PDF]
Peter Emerson
Beijing Law Review (BLR) , 2013, DOI: 10.4236/blr.2013.42010
Abstract: The court of law is often adversarial; the more usual question, after all, is binary: guilty or not guilty? The parliament which makes the law, however, need not subject complex questions to dichotomous judgements, or a series of dichotomies: indeed, the corresponding debate should consider all relevant options on an equal basis. Accordingly, this article questions the propriety of a majoritarian polity, considers a less adversarial voting procedure, and contemplates a more inclusive political structure, in order then to argue that human rights legislations should be far more specific on the subject of democratic rights. Such a development may depend less upon the politician and more upon the lawyer.
The Principle of Legality and the Execution of Sentences in France and Germany: Law= Rights?  [cached]
Isabelle Mansuy
Champ Pénal , 2008, DOI: 10.4000/champpenal.3263
Abstract: In the German legal system, prison law is part of a larger system of laws designed for the protection of fundamental rights; in France, prison law seems to be paralyzed by its lack of a legislative foundation. However, in both countries, the everyday world of incarceration remains one that is governed by the need to maintain order and security, to the detriment of the avowed purposes of imprisonment. The question then becomes: is the law effective in allowing the exercise of rights in prison?
Language Rights and Community Law  [PDF]
I?aki Lasagabaster
European Integration Online Papers , 2008,
Abstract: The territory of the European Union is made up of a rich and wide-ranging universe of languages, which is not only circumscribed to the "state languages". The existence of multilingualism is one of Europe’s defining characteristic and it should remain so in the constantly evolving model of Europe’s political structure.Linguistic rights have been dealt with under Community law through various viewpoints. The linguistic regime of the European Union is essentially of a legal nature. As a consequence of the legal regime of the languages there is a graduation between them. The building of political and economic Europe based on the "state language" concept affects the European linguistic diversity itself.Nevertheless, the express legal recognition to the European linguistic diversity takes place in a new context: the context of the opening of the European Union to fundamental rights. The respect for the linguistic diversity is shaped as an aim of the Union, identifying a sphere of action. A sphere of action that has to materialise itself with specific measures.We will see if there is enough legal basis to say that linguistic rights do form part of the general principles of law. If linguistic rights are considered as general principles under Community law, when do they have to apply?
Human Rights in Islamic Law
Abdel Wadoud Moustafa Moursi El-Seoudi
The Social Sciences , 2013, DOI: 10.3923/sscience.2012.683.688
Abstract: Undeniably, the Universal Declaration of Human Rights Charter adopted by the United Nations in December, 1948 is a great step forward in the history of United Nations in respect human rights issue. However, the rights enumerated therein characterized by deficiencies in conceptualization, flaws in formulation and injustices in application. Being subject to political agendas, economic pressure and culturally biased viewpoints, they often serve the interests of certain organizations and powerful special interest groups. As such, they carry the residues of colonialism and imperialism. This is clear from the ongoing suppression and atrocities inflicted on poor and weak nations without any effective measures being taken by these organizations for their defense and protection. Double standard is applied when it comes to the violation of human rights. Weak states are vigorously pursued whereas powerful are blatantly exempted from prosecution. Islam as a divine and universal guidance lies a comprehensive framework of values that embodies universal human rights which is free of bias and deal with the abuser of the human rights equally regardless the race, religion and color factors, hence provides a universal criterion for human rights. Therefore, this study attempts to analyze the issue of human rights from an Islamic perspective in the light of the purposes of the law and delineate the mechanism for their protection. Using both descriptive and analytical methods the research concludes that Islam provides a comprehensive and practical mechanism for protection of human rights which is just and of universal application, hence is the pioneer of human rights.
Regulation by Law on Recycling Economy at the Enterprise and Ecological Industrial Park Level  [cached]
Boyu Zhu
Journal of Politics and Law , 2009, DOI: 10.5539/jpl.v2n1p86
Abstract: The regulation by law on recycling economy at the enterprise and ecological industrial park level serves as the base of leveled regulation by law on recycling economy. The recycle of enterprise internal sources is the key for developed countries developing recycling economy. Following the requirements of recycling economy, countries constitute relevant laws and regulations, offering an institutional warranty for achieving cleaner production. In China, a law and policy system that benefits the development of recycling economy is still an absence. However, the horizontal coupling and vertical closeness of ecological industrial parks, together with the interactive effects between enterprises, make the regulation by law a necessity. Complete and perfect policy and legal regulations are important warranties for the development of ecological industrial parks. Therefore, China should further perfect the legal mechanism for the internalization of environment costs; build up and perfect a legal warranty system for full green technologies; set up and perfect a special policy and law system for ecological industrial parks management.
INCLUSION IN LAW AND EXCLUSION IN PRAXIS: THE SCHEDULED TRIBES & OTHER TRADITIONAL FOREST DWELLERS (RECOGNITION OF FOREST RIGHTS) ACT 2006
Pradip Prabhu
Socio-Legal Review , 2010,
Abstract: In this comment, the author describes the intricacies of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. He highlights the role of the forest dwellers in urging the legislature for the enactment of such a legislation. According to the author it is unjustified on the part of the government to acquire forest land without following the due process of law. Throughout his work the author focuses on answering the question as to whether the Forest Rights Law can replace a conservation regime based on the exclusion of the citizens from the forests.
RIGHTS AND DUTIES UNDER THE LAW OF NATURE
WILLIAM BULL
Ethic@ : an International Journal for Moral Philosophy , 2005,
Abstract: This is a philosophical inquiry into the moral status of animals, focusing on which ethical principle should guide us in our relationship with animals. The author examines the case for applying contractarian theory to animals other than human beings by looking in particular at the issues of rationality and trusteeship. From the law of nature and by way of a contractarian approach the author arrives at the principle of humility, which he advances as the ideal basis for our behaviour in respect of animals. He then tests certain prevailing philosophical positions in this area, including those of Singer and Regan, exploring utilitarian and rights conceptions. Finally, the author considers the significance of the principle of humility in practical terms in order to evaluate its utility as a moral judgment.
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