Putting Natural Law Principles into Practice

2020 ◽  
pp. 27-57
Author(s):  
Aryeh Neier
Keyword(s):  
Human Rights ◽  
Seventeenth Century ◽  
Natural Law ◽  
Freedom Of Expression ◽  
The State ◽  
Philosophical Basis ◽  
The Bible

This chapter cites ancient roots for the principles of human rights and concept of justice, such as Hammurabi's Code, the Bible, Plato, and Aristotle. It mentions Roman thinkers such as Cicero and Seneca who helped to develop commitment to freedom of expression and Mencius and Asoka as non-Western sources for roots of thinking about rights. The chapter illustrates the struggles of dissenting movements in England in the middle decades of the seventeenth century, in which men actively engaged in efforts to uphold their rights. It discusses religious and political sects during the turbulent period in England, such as the Levellers, the Diggers, the Ranters, the Quakers, and the Muggletonians that were preoccupied by their right to be treated fairly and humanely when the state sought to suppress their beliefs. It also analyzes the concept of natural law that provided the main philosophical basis for the rights movements.

scholarly journals The State of Human Rights in Federally Administered Tribal Areas of Pakistan

2016 ◽  
Vol I (I) ◽  
pp. 85-100
Author(s):  
Ahmed Sohail ◽  
Ahmed Fasih ◽  
Zubair Muhammad
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
The State ◽  
Military Operations ◽  
Common People ◽  
The People ◽  
Level Of Satisfaction ◽  
The Common ◽  
Tribal Areas ◽  
Human Rights Violation

The respect of human rights in a society determines the destination of that society or state. It is the level of satisfaction of citizens of a country which convinces them to work for the growth and progress of that state or society. The people of FATA are living under a draconian law which is known as Frontier Crime Regulations (FCR). There is agrave human rights violation of the people of FATA under this law. Freedom of speech, freedom of expression etc. are hampered by the FCR and the common people live under a threat of collective punishment as well. Moreover, due to military operations against the militants in the area, millions of people from FATA have been displaced. At times, there are grave violations of human rights of the displaced persons as well. This paper will explore the state of human rights in FATA in general and evaluates its impact on the Federation of Pakistan. The paper evaluates different instances of human rights violation in various agencies of FATA and their root causes as well.

On the question about opposition to the information component aggression of the Russian Federation

2021 ◽  
pp. 59-63
Author(s):  
O. Vasylchenko
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Freedom Of Expression ◽  
Freedom Of Speech ◽  
State Committee ◽  
The State ◽  
Political Rights ◽  
The Media ◽  
The Russian Federation ◽  
The Law

Ukrainian law guarantees freedom of speech and expression. This is in line with international and regional instruments (Convention for the Protection of Human Rights and Fundamental Freedoms, International Covenant on Civil and Political Rights, Declaration of Human Rights) to which Ukraine is a party. Unfortunately, Ukraine is no exception, due to the conflict with the Russian Federation. The Revolution of Dignity of 2014 and the subsequent illegal activities of the neighbouring state (annexation of Crimea, occupation of the territories in the South-East of Ukraine) affected the legislative and regulatory framework of Ukraine regarding freedom of speech and freedom of expression. In order to counter aggression, the state has adopted a number of laws aimed at counteracting foreign interference in broadcasting and ensuring Ukraine’s information sovereignty. The implementation of these laws has been criticized for being seen by NGOs as imposing restrictions on freedom of expression and expression. However, censorship and selfcensorship create another serious restriction on freedom of speech and the press. The Law on Transparency of Mass Media Ownership, adopted in 2015, provides for the disclosure of information on the owners of final beneficiaries (controllers), and in their absence – on all owners and members of a broadcasting organization or service provider. In 2019, Ukraine adopted a law on strengthening the role of the Ukrainian language as the state language, which provides for language quotas for the media. According to the Law on Language, only 10% of total film adaptations can be in a language other than Ukrainian. Ukraine has adopted several laws in the field of information management to counter foreign influence and propaganda. According to the report of the Organization for Security and Cooperation in Europe, for the period from January 1, 2017 to February 14, 2018, the State Committee banned 30 books published in the Russian Federation. Thus, for the first time faced with the need to wage an “invisible” war on the information front, Ukraine was forced to take seriously the regulation of the media and the market. By imposing a number of restrictions on a product that can shake sovereignty and increase the authority of the aggressor in the eyes of citizens, the legislator, guided by the needs of society, also contributes to the promotion of Ukrainian (for example, by introducing quotas).

Putting Natural Law Principles into Practice

2012 ◽  
Author(s):  
Aryeh Neier
Keyword(s):  
Human Rights ◽  
John Milton ◽  
Natural Law ◽  
Racial Segregation ◽  
Forced Labor ◽  
Religious Persecution ◽  
The Bible

This chapter discusses how a number of efforts were made to promote human rights internationally over a period of almost two centuries, from the start of the antislavery movement in Britain. However, it is possible to cite ancient roots for the principles of human rights. Hammurabi's Code, the Bible, Plato, and Aristotle must be considered among the sources for the concept of justice. The roots of thinking about rights can also be traced to non-Western sources, such as Mencius and Asoka. In the more than three centuries that followed the struggle for rights in England by John Milton, the Levellers, and other dissenters, there were episodic attempts to secure rights relevant to such grave issues as slavery, religious persecution, the subordination of women, forced labor, racial segregation, and the suppression of dissent.

Human Rights and National Security

1989 ◽  
Vol 23 (2-3) ◽  
pp. 375-406 ◽  
Author(s):  
Itzhak Zamir
Keyword(s):  
Human Rights ◽  
National Security ◽  
Freedom Of Expression ◽  
The State ◽  
Political Rights ◽  
Declaration Of Independence ◽  
Magna Carta ◽  
State Of Israel

The State of Israel came into being forty years ago. Its Declaration of Independence proclaimed that the State “shall guarantee complete equal social and political rights to all its citizens without regard to religion, race or sex”. At the time there was a war being waged for Israel's independence, a war which is not yet over. The threat to Israel's security, both from within and without, is still very real. The struggle for security has been going on, unabated, for forty years, and it exacts a price. Among other things, it exacts a price in human rights. Freedom of expression, for example, is subject to military censorship. As a British judge once remarked, war is not waged in accord with the principles of the Magna Carta.

Two early cases of publication by subscription in Holland and Germany: Jacob Abendana's Mikhlal Yophi (1661) and David Cohen de Lara's Keter Kehunna (1668)*

Quaerendo ◽  
1986 ◽  
Vol 16 (2) ◽  
pp. 110-130 ◽  
Author(s):  
Jan Wim Wesselius ◽  
Peter T. Van Rooden
Keyword(s):  
Seventeenth Century ◽  
The Netherlands ◽  
The State ◽  
Reading Public ◽  
Sephardic Jews ◽  
The Bible ◽  
Dutch Translation ◽  
German Speaking

AbstractPublication by subscription is a sales technique developed in England in the seventeenth century. It was probably not introduced to the German-speaking countries until after 1725. The first hitherto known instances in the Netherlands date from after 1680. The article describes the publication of two linguistic works by Sephardic Jews which are the earliest known examples of works published by subscription in Holland and Germany. The first of the works concerned is the Hebrew Mikhlal Yophi, a commentary on the Bible of which an edition prepared by Jacob Abendana appeared in Amsterdam in 1662. An exchange of letters between Abendana and Antonius Hulsius is indicative of the former's attempts at recruiting subscribers. Abendana's efforts concentrated on Leiden, where in about 1660 he, his brother Isaac and the rabbi David Cohen de Lara, formerly of Hamburg, were living as private Hebrew tutors and booksellers. Abendana used an approbation of his book by the Leiden professors Cocceius, Heidanus and Uchtmannus to support his request for permission to dedicate his work to the States General. This was a more conventional way of acquiring funds from the state. At the same time the dedication, the approbation and a letter from the Basle Hebraist Johan Buxtorf jun. were intended to smooth the book's path to the Christian reading public. A case is also presented for the publication by subscription of David Cohen de Lara's Keter Kehunna (Hamburg 1668). Cohen de Lara's initiative goes back to the example set by Abendana, who, in turn, probably borrowed the idea from the London Polyglot. Finally some observations are presented concerning the conspicuous popularity of this method of publishing with Sephardic Jews interested in language. A comparison with the events surrounding the appearance of the Dutch translation of Athanasius Kircher's Mundus subterraneus, subscriptions for which were opened in 1678, makes it probable that Abendana's work was one of the first ever to be published by subscription.

The Commune of Being and Time

Dialogue ◽  
1971 ◽  
Vol 10 (4) ◽  
pp. 708-726 ◽  
Author(s):  
Graeme Nicholson
Keyword(s):  
Political Philosophy ◽  
Human Rights ◽  
Seventeenth Century ◽  
Fourth Century ◽  
The State ◽  
Being And Time ◽  
Human Community

One cannot determine whether a book is a work of political philosophy merely by glancing at its contents. Heidegger's Being and Time is a case in point. It offers no discussion of the topics which are commonly thought to constitute political philosophy—the state, the nature of law, human rights, and so on. But particular themes such as these reflect in large part the actual conditions which prevailed at certain times and places, fourth-century Athens and seventeenth-century England, for example, so they must not be thought to constitute an outline of the eternal problems of political philosophy. When a philosopher embarks upon a new line of thought at a different time and under novel circumstances, he may find himself instituting a new vocabulary for the problems of the human community.

SACRED HISTORY AND POLITICAL THOUGHT: NEAPOLITAN RESPONSES TO THE PROBLEM OF SOCIABILITY AFTER HOBBES

2013 ◽  
Vol 56 (1) ◽  
pp. 1-29 ◽  
Author(s):  
JOHN ROBERTSON
Keyword(s):  
Seventeenth Century ◽  
Old Testament ◽  
Natural Law ◽  
Political Thought ◽  
Near East ◽  
Family Relations ◽  
Giambattista Vico ◽  
The Bible ◽  
Critical Scholarship ◽  
Sacred History

ABSTRACTFrom the mid-seventeenth century, the problem of human sociability, long a staple of natural jurisprudence, became even more central to political thought. Faced with Hobbes's insistence on man's natural unsociability, Protestant thinkers continued to treat the question from within natural law. For reasons we do not yet understand, however, Catholic thinkers did not. Instead, it is argued here, they turned to sacred history, and in particular to the Old Testament, as the earliest record of the formation of human societies, Hebrew and gentile. The materials for this enquiry were provided by new critical scholarship on the Bible and the peoples of the ancient Near East. Despite the hostility of the authorities in Rome to its findings, this scholarship was widely available in the Catholic world, notably so in contemporary Naples. Two of the most remarkable applications of sacred history to the problem of sociability were by the Neapolitans Pietro Giannone, in his ‘Triregno’ (1731–3), and Giambattista Vico, in the Scienza nuova (1725–44). These works explored the ways in which family relations, religious practices, and war enabled the ancient Hebrews and their gentile neighbours to form and maintain societies, notwithstanding the unsocial tendency of human passions.

scholarly journals Freedom Of Expression And Freedom Of Movement In The Immigration Space: Substance Over Forum

2021 ◽  
Author(s):  
◽  
Nicholas Cross
Keyword(s):  
Human Rights ◽  
Interpersonal Communication ◽  
Freedom Of Expression ◽  
Common Law ◽  
The State ◽  
Regulation Of Expression ◽  
Human Rights Protection ◽  
Freedom Of Movement ◽  
Legal Frameworks ◽  
Free Flow Of Information

<p>Globalisation and the availability of information through television and the internet have been a boon for the spread of ideas and for freedom of expression. These trends have also created challenges for the regulation of expression. Those with hateful views or harmful information have just as much access to modern communication tools as the rest of us. How policy makers respond to the free flow of information raises a multitude of questions.  However there is no doubt that the state still holds the upper hand in controlling the freedom of movement between borders. Despite the availability of information technology there is still a need for interpersonal communication to facilitate the freedom of expression. The freedom of movement is therefore important to enabling the freedom of expression, and states can restrict the later by restricting the former.  The aim of this paper is to comprehensively scrutinise the different approaches taken to regulating freedom of movement for the purpose of regulating freedom of expression. It looks with judicial reviews within common law jurisdictions and how the issue is managed within their existing human rights legal frameworks.  Firstly the paper will lay out a preferred approach to dealing with the regulation of freedom of expression in an immigration context, bearing in mind the rights which states have to control their borders and the justifications for doing so. The approach places strong emphasis on protecting the freedom of expression for all groups without seeking to challenge the existence or legitimacy of the ways states choose to regulate expression within their borders. It suggests that regulation should be limited to situations where it is likely that the visitor would choose to break the laws of the state they seek to visit, or where their visit could spark disruption involving violence which could not reasonably be controlled by law enforcement.  Secondly the paper will examine four cases from two common law jurisdictions in detail. There is an emphasis on understanding two themes. The first is explaining the broader context of human rights protection within those jurisdictions and how their approach to immigration control reflects or contradicts that protection. The second is upon critiquing and understanding the administrative law implications of the standards of review applied. Reference is made back to the preferred framework to help understand to what extent the cases stand for genuine protection of freedom of expression.</p>

Is Purely Practical Agreement Possible? Maritain’s Mexico City Thesis Answers Some MacIntyrian Challenges

2018 ◽  
Vol 92 ◽  
pp. 175-188
Author(s):  
J. W. Schulz ◽  
Keyword(s):  
Human Rights ◽  
Human Nature ◽  
Mexico City ◽  
Natural Law ◽  
Charles Taylor ◽  
The State ◽  
Alasdair Macintyre ◽  
Jacques Maritain

In 1947, Jacques Maritain argued before the UN that “men mutually opposed in their theoretical conceptions can come to a merely practical agreement regarding a list of human rights.” Maritain justified this thesis using a progressive theory of the natural law which rests on a distinction between the natural law as operative in human nature and the natural law as known and articulated. Drawing on Maritain’s 1951 Man and the State, this essay defends a MacIntyrian reading of Maritain’s thesis and its plausibility against four objections from Ralph McInerny, Charles Taylor, and Alasdair MacIntyre himself.

scholarly journals Pemenuhan Hak Kebebasan Berpendapat Berdasarkan Undang-Undang Nomor 9 Tahun 1999 Tentang Kemerdekaan Berpendapat Di Muka Umum

2020 ◽  
Vol 1 (1) ◽  
pp. 41-58
Author(s):  
Nur Yusriyyah Bakhtiar ◽  
La Ode Husen ◽  
Muhammad Rinaldy Bima
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Secondary Data ◽  
The State ◽  
Legal Research ◽  
Legal Rules ◽  
The Right

Penelitian ini bertujuan, pertama, Menganalisis dan menjelaskan pemenuhan hak kebebasan berekspresi berdasarkan undang-undang nomor 9 tahun 1998 tentang kemerdekaan menyampaikan pendapat di muka umum. Kedua, Menganalisis upaya negara untuk melindungi hak asasi manusia dari tindakan anarkis dalam kebebasan berekspresi. Penelitian ini dilakukan dengan metode penelitian hukum doctrinal normatif atau penelitian hukum kepustakaan, yaitu penelitian hukum yang dilakukan dengan cara meneliti bahan pustaka atau data sekunder yang terdiri dari bahan hukum primer, bahan hukum sekunder dan bahan hukum tersier. Bahan-bahan tersebut disusun secara sistematis, dikaji, kemudian ditarik suatu kesimpulan dalam hubungannya dengan masalah yang diteliti. Hasil penelitian ini: Pertama, Undang-Undang Nomor 9 Tahun 1998 tentang Kebebasan Mengemukakan Pendapat di Muka Umum, masih terdapat kekurangan berkaitan dengan pembatasan-pembatasan yang ada, sebab tidak dicantumkan jelas mengenai batasan yang tidak boleh dilanggar seseorang, agar tercipta relevansi di antara peraturan perundang-undangan. Kedua, Menyampaikan pendapat di muka umum merupakan hak bagi setiap warga negara, namun apabila tindakan yang dilakukan oleh para pengunjuk rasa berakhir anarkis, maka tidak dapat dikategorikan sebagai perbuatan melanggar Hak Asasi Manusia sehingga aparat kepolisian dapat menindak berdasarkan aturan hukum yang berlaku. This study aims, firstly, to analyze and explain the fulfillment of the right to freedom of expression under Law No. 9 of 1998 concerning freedom of expression in public. Second, Analyze the efforts of the state to protect human rights from anarchist actions in freedom of expression. This research was conducted with the method of normative doctrinal legal research or library law research, namely legal research conducted by examining library materials or secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The materials are arranged systematically, reviewed, then drawn a conclusion in relation to the problem under study. The results of this study: First, Law No. 9 of 1998 concerning Freedom of Expression in Public, there are still shortcomings related to existing restrictions, because there is no clearly stated boundaries that must not be violated by a person, so as to create relevance between regulations legislation. Second, expressing an opinion in public is a right for every citizen, but if the actions taken by the protesters end up being anarchist, then it cannot be categorized as an act of violating Human Rights so that the police can act based on applicable legal rules

Sign in / Sign up

Export Citation Format

Share Document