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The Right to Work: Legal and Philosophical Perspectives
by Virginia MantouvalouThe value of work cannot be underestimated in today's world. Work is valuablebecause productive labour generates goods needed for survival, such as food andhousing; goods needed for self-development, such as education and culture; andother material goods that people wish to have in order to live a fulfilling life. Ajob also generally inspires a sense of achievement, self-esteem and the esteem ofothers. People develop social relations at work, which can be very important forthem. Work brings both material and non-material benefits.There is no doubt that work is a crucial good. Do we have a human right to thisgood? What is the content of the right? Does it impose a duty on governments topromote full employment? Does it entail an obligation to protect decent work?There is also a question about the right-holders. Do migrants have a right to work,for example? At the same time many people would rather not work. What kind ofright is this, if many people do not want to have it? The chapters of this bookaddress the uncertainty and controversy that surround the right to work both intheoretical scholarship and in policymaking. They discuss the philosophicalunderpinnings of the right to work, and its development in human rights law atnational level (in jurisdictions such as the United Kingdom, Australia, Japan,France and the United States) and international level (in the context of the UnitedNations, the European Social Charter, the International Labour Organization, theEuropean Convention on Human Rights and other legal orders).
The Right to Work: Legal and Philosophical Perspectives
by Virginia MantouvalouThe value of work cannot be underestimated in today's world. Work is valuablebecause productive labour generates goods needed for survival, such as food andhousing; goods needed for self-development, such as education and culture; andother material goods that people wish to have in order to live a fulfilling life. Ajob also generally inspires a sense of achievement, self-esteem and the esteem ofothers. People develop social relations at work, which can be very important forthem. Work brings both material and non-material benefits.There is no doubt that work is a crucial good. Do we have a human right to thisgood? What is the content of the right? Does it impose a duty on governments topromote full employment? Does it entail an obligation to protect decent work?There is also a question about the right-holders. Do migrants have a right to work,for example? At the same time many people would rather not work. What kind ofright is this, if many people do not want to have it? The chapters of this bookaddress the uncertainty and controversy that surround the right to work both intheoretical scholarship and in policymaking. They discuss the philosophicalunderpinnings of the right to work, and its development in human rights law atnational level (in jurisdictions such as the United Kingdom, Australia, Japan,France and the United States) and international level (in the context of the UnitedNations, the European Social Charter, the International Labour Organization, theEuropean Convention on Human Rights and other legal orders).
Right-to-Work Laws and the Crumbling of American Public Health
by Deborah Wallace Rodrick WallaceThis book discusses the socioeconomic effects of Right-to-Work (RTW) laws on state populations. RTW laws forbid requiring union membership even at union-represented worksites. The core of the 22 long-term RTW states was the Confederacy, cultural descendants of rigidly hierarchical agrarian feudal England. RTW laws buttress hierarchy and power imbalance which unions minimize at the worksite and by encouraging higher educational attainment, social mobility, and individual empowerment through group validation. Contrary to claims of RTW proponents, RTW and non-RTW states do not differ significantly in unemployment rates.RTW states have higher poverty rates, lower median household incomes, and lower educational attainment on average and median than non-RTW states. RTW states on average and median have lower life expectancy, higher obesity prevalence, and higher rates of all-cause mortality, early mortality from chronic conditions, child mortality, and risk behaviors than non-RTW states. The higher mortality rates result in startlingly higher annual numbers of years of life lost before age 75. Stroke mortality at age 55-64 in RTW states results in nearly 10,000 years annually lost in excess of what it would be if the mortality rate were that of non-RTW states.A review of respected publications describes the physiological mechanisms and epidemiology of accelerated aging due to socioeconomic stress. Unions challenge hierarchy directly at work-sites and indirectly through encouraging college education, social mobility, and community and political engagement. How startling that feudal hierarchy lives in 21st century America, shaping vast differences between states in macro- and micro-economics, educational attainment, innovation, life expectancy, obesity prevalence, chronic disease mortality, infant and child mortality, risk behaviors, and other public health markers! Readers will gain insight about the coming clash between feudal individualism and adaptive collectivism, and, in the last chapter, on ways to win the clash by “missionary” work for collectivism.
The Right Way to Flourish: Reconnecting to the Real World
by John EhrenfeldIn this ground-breaking book, pre-eminent thought leader in the fields of sustainability and flourishing, John R. Ehrenfeld, critiques the concept of sustainability as it is understood today and which is coming more and more under attack as unclear and ineffective as a call for action. Building upon the recent work of cognitive scientist, Iain McGilchrist, who argues that the human brain’s two hemispheres present distinct different worlds, this book articulates how society must replace the current foundational left-brain-based beliefs – a mechanistic world and a human driven by self interest – with new ones based on complexity and care. Flourishing should replace the lifeless metrics now being used to guide business and government, as well as individuals. Until we accept that our modern belief structure is, itself, the barrier, we will continue to be mired in an endless succession of unsolved problems.
The Right Way to Flourish: Reconnecting to the Real World
by John EhrenfeldIn this ground-breaking book, pre-eminent thought leader in the fields of sustainability and flourishing, John R. Ehrenfeld, critiques the concept of sustainability as it is understood today and which is coming more and more under attack as unclear and ineffective as a call for action. Building upon the recent work of cognitive scientist, Iain McGilchrist, who argues that the human brain’s two hemispheres present distinct different worlds, this book articulates how society must replace the current foundational left-brain-based beliefs – a mechanistic world and a human driven by self interest – with new ones based on complexity and care. Flourishing should replace the lifeless metrics now being used to guide business and government, as well as individuals. Until we accept that our modern belief structure is, itself, the barrier, we will continue to be mired in an endless succession of unsolved problems.
The Right Wrong Man: John Demjanjuk and the Last Great Nazi War Crimes Trial
by Lawrence DouglasIn 2009, Harper's Magazine sent war-crimes expert Lawrence Douglas to Munich to cover the last chapter of the lengthiest case ever to arise from the Holocaust: the trial of eighty-nine-year-old John Demjanjuk. Demjanjuk’s legal odyssey began in 1975, when American investigators received evidence alleging that the Cleveland autoworker and naturalized US citizen had collaborated in Nazi genocide. In the years that followed, Demjanjuk was stripped of his American citizenship and sentenced to death by a Jerusalem court as "Ivan the Terrible" of Treblinka—only to be cleared in one of the most notorious cases of mistaken identity in legal history. Finally, in 2011, after eighteen months of trial, a court in Munich convicted the native Ukrainian of assisting Hitler’s SS in the murder of 28,060 Jews at Sobibor, a death camp in eastern Poland. An award-winning novelist as well as legal scholar, Douglas offers a compulsively readable history of Demjanjuk’s bizarre case. The Right Wrong Man is both a gripping eyewitness account of the last major Holocaust trial to galvanize world attention and a vital meditation on the law’s effort to bring legal closure to the most horrific chapter in modern history.
The Right Wrong Man: John Demjanjuk and the Last Great Nazi War Crimes Trial
by Lawrence DouglasIn 2009, Harper's Magazine sent war-crimes expert Lawrence Douglas to Munich to cover the last chapter of the lengthiest case ever to arise from the Holocaust: the trial of eighty-nine-year-old John Demjanjuk. Demjanjuk’s legal odyssey began in 1975, when American investigators received evidence alleging that the Cleveland autoworker and naturalized US citizen had collaborated in Nazi genocide. In the years that followed, Demjanjuk was stripped of his American citizenship and sentenced to death by a Jerusalem court as "Ivan the Terrible" of Treblinka—only to be cleared in one of the most notorious cases of mistaken identity in legal history. Finally, in 2011, after eighteen months of trial, a court in Munich convicted the native Ukrainian of assisting Hitler’s SS in the murder of 28,060 Jews at Sobibor, a death camp in eastern Poland. An award-winning novelist as well as legal scholar, Douglas offers a compulsively readable history of Demjanjuk’s bizarre case. The Right Wrong Man is both a gripping eyewitness account of the last major Holocaust trial to galvanize world attention and a vital meditation on the law’s effort to bring legal closure to the most horrific chapter in modern history.
The Righteous Mind: Why Good People are Divided by Politics and Religion
by Jonathan HaidtIn The Righteous Mind, psychologist Jonathan Haidt answers some of the most compelling questions about human relationships:Why can it sometimes feel as though half the population is living in a different moral universe? Why do ideas such as 'fairness' and 'freedom' mean such different things to different people? Why is it so hard to see things from another viewpoint? Why do we come to blows over politics and religion?Jonathan Haidt reveals that we often find it hard to get along because our minds are hardwired to be moralistic, judgemental and self-righteous. He explores how morality evolved to enable us to form communities, and how moral values are not just about justice and equality - for some people authority, sanctity or loyalty matter more. Morality binds and blinds, but, using his own research, Haidt proves it is possible to liberate ourselves from the disputes that divide good people.'A landmark contribution to humanity's understanding of itself' The New York Times'A truly seminal book' David Goodhart, Prospect'A tour de force - brave, brilliant, and eloquent. It will challenge the way you think about liberals and conservatives, atheism and religion, good and evil' Paul Bloom, author of How Pleasure Works 'Compelling . . . a fluid combination of erudition and entertainment' Ian Birrell, Observer'Lucid and thought-provoking ... deserves to be widely read' Jenni Russell, Sunday Times
Rightful Relations with Distant Strangers: Kant, the EU, and the Wider World (Law and Practical Reason)
by Aravind GaneshThis book provides a philosophical critique of legal relations between the EU and 'distant strangers' neither located within, nor citizens of, its Member States. Starting with the EU's commitment in Articles 3(5) and 21 TEU to advance democracy, human rights, and the rule of law in 'all its relations with the wider world', Ganesh examines in detail the salient EU and international legal materials and thereafter critiques them in the light of a theory of just global legal relations derived from Kant's philosophy of right. In so doing, Ganesh departs from comparable Kantian scholarship on the EU by centering the discussion not around the essay Toward Perpetual Peace, but around the Doctrine of Right, Kant's final and comprehensive statement of his general theory of law.The book thus sheds light on areas of EU law (EU external relations law, standing to bring judicial review), public international law (jurisdiction, global public goods) and human rights (human rights jurisdiction), and also critiques the widespread identification of the EU as a Kantian federation of peace.The thesis on which this book was based was awarded the 2020 René Cassin Thesis Prize (English section).
Rightful Relations with Distant Strangers: Kant, the EU, and the Wider World (Law and Practical Reason)
by Aravind GaneshThis book provides a philosophical critique of legal relations between the EU and 'distant strangers' neither located within, nor citizens of, its Member States. Starting with the EU's commitment in Articles 3(5) and 21 TEU to advance democracy, human rights, and the rule of law in 'all its relations with the wider world', Ganesh examines in detail the salient EU and international legal materials and thereafter critiques them in the light of a theory of just global legal relations derived from Kant's philosophy of right. In so doing, Ganesh departs from comparable Kantian scholarship on the EU by centering the discussion not around the essay Toward Perpetual Peace, but around the Doctrine of Right, Kant's final and comprehensive statement of his general theory of law.The book thus sheds light on areas of EU law (EU external relations law, standing to bring judicial review), public international law (jurisdiction, global public goods) and human rights (human rights jurisdiction), and also critiques the widespread identification of the EU as a Kantian federation of peace.The thesis on which this book was based was awarded the 2020 René Cassin Thesis Prize (English section).
Rightness as Fairness: A Moral and Political Theory
by Marcus ArvanRightness as Fairness provides a uniquely fruitful method of 'principled fair negotiation' for resolving applied moral and political issues that requires merging principled debate with real-world negotiation.
Rights (Issues in Political Theory)
by Peter JonesThis book provides a comprehensive introduction to contemporary thought about rights. It examines what it is to have a right and what is distinctive about political moralities that give a fundamental place to rights. The varied grounds and implications of claiming rights to liberties, socio-economic rights and democratic rights are considered and the book concludes with an examination of the theoretical objections and the practical difficulties that proponents of rights have to confront.
Rights (The International Library of Essays in Law and Legal Theory (Second Series))
by Robin WestRights brings together the most influential essays of the last thirty years critiquing and defending the liberal rights tradition. Modern 'rights critics' have focused on the perceived conflict between liberal rights and progressive or egalitarian political objectives, the preference of liberal states for negative over positive rights and also the dangers to community of the overly atomistic conception of human nature, which is arguably at the heart of the liberal rights tradition.
Rights (The International Library of Essays in Law and Legal Theory (Second Series))
by Robin WestRights brings together the most influential essays of the last thirty years critiquing and defending the liberal rights tradition. Modern 'rights critics' have focused on the perceived conflict between liberal rights and progressive or egalitarian political objectives, the preference of liberal states for negative over positive rights and also the dangers to community of the overly atomistic conception of human nature, which is arguably at the heart of the liberal rights tradition.
Rights Affecting the Manufacture and Use of Gramophone Records
by W. MakWhen dealing, as in this study, with gramophone records, we almost unconsciously think of music. For the number of gramophone records in which music, either vocal or instrumental, does not playa part is quite small. Hence we shall concern our selves principally with musical records. 1. Music may be said to be as old as humanity itself: from the very beginning of history man has given expression to his emo tions by means of sounds. In one of the first chapters of the Bible harps and organs are mentioned 1) and further on in the Book of Books we find musical instruments mentioned repeatedly. Let us quote a few instances at random: Gen. 31 : 27; Ex. 15 : 20; 1 Sam. 16 : 23; 2 Sam. 6 : 5; Psalm 150; 1 Cor. 14 : 7,8. Throughout the ages music having at first no other than a religious character, evolved and differentiated itself with the result that now we know music in all its numerous variations: beside religious music we have secular music in the form of symphonic music, military music, dance-music and so on.
The Rights and Aspirations of the Magna Carta
by Elizabeth Gibson-Morgan Alexis ChommelouxThis book provides an original and multidisciplinary approach on Magna Carta (1215) as a joint heritage, a source of inspiration both for long established democracies and countries which only recently experienced the Rule of Law. Far from simply extolling the virtues associated with Magna Carta, it explores the gaps of the Great Charter. Instead of dealing separately with the historians’ and the lawyers’ outlooks as two conflicting perspectives, it juxtaposes the views of medievalist and contemporary historians with those of practicing lawyers and law academics, offering readers a thorough yet accessible historic and legal analysis of the charter and its meaning for the citizens of twenty-first century democracies. At a time of the erosion of civil liberties and fundamental rights, The Rights and Aspirations of the Magna Carta provides a rare insight into the 1215 medieval charter and its legacy.
Rights and Civilizations: A History and Philosophy of International Law
by Gustavo GozziRights and Civilizations, translated from the Italian original, traces a history of international law to illustrate the origins of the Western colonial project and its attempts to civilize the non-European world. The book, ranging from the sixteenth century to the twenty-first, explains how the West sought to justify its own colonial conquests through an ideology that revolved around the idea of its own assumed superiority, variously attributed to Christian peoples (in the early modern age), Western 'civil' peoples (in the nineteenth century), and 'developed' peoples (at the beginning of the twentieth century), and now to democratic Western peoples. In outlining this history and discourse, the book shows that, while the Western conception may style itself as universal, it is in fact relative. This comes out by bringing the Western civilization into comparison with others, mainly the Islamic one, suggesting the need for an 'intercivilizational' approach to international law.
Rights and Courts in Pursuit of Social Change: Legal Mobilisation in the Multi-Level European System (Oñati International Series in Law and Society)
by Dia AnagnostouOver the past few decades, European countries have witnessed a proliferation of legal norms concerning marginalised individuals and minorities who increasingly invoke them in front of courts to assert their rights and claim protection. The present volume explores the relationship between law, rights and social mobilisation in Europe. It specifically enquires into the extent and ways in which legal processes and entitlements are mobilised by less privileged social actors to advance their rights claims and pursue social change. Most distinctly, it explores such processes in the context of the multi-level European system, characterised by the existence of multiple legal and judicial arenas at the national, subnational and supranational/transnational level. In such a complex system of law and governance in Europe, concepts like legal opportunity structures, as well as the factors shaping them need to be reconceptualised. How does the multi-level European context distinctly shape the nature and salience of rights, as well as their mobilisation by individuals and minority actors?
Rights and Courts in Pursuit of Social Change: Legal Mobilisation in the Multi-Level European System (Oñati International Series in Law and Society)
by Dia AnagnostouOver the past few decades, European countries have witnessed a proliferation of legal norms concerning marginalised individuals and minorities who increasingly invoke them in front of courts to assert their rights and claim protection. The present volume explores the relationship between law, rights and social mobilisation in Europe. It specifically enquires into the extent and ways in which legal processes and entitlements are mobilised by less privileged social actors to advance their rights claims and pursue social change. Most distinctly, it explores such processes in the context of the multi-level European system, characterised by the existence of multiple legal and judicial arenas at the national, subnational and supranational/transnational level. In such a complex system of law and governance in Europe, concepts like legal opportunity structures, as well as the factors shaping them need to be reconceptualised. How does the multi-level European context distinctly shape the nature and salience of rights, as well as their mobilisation by individuals and minority actors?
Rights and Decisions: Formal Models of Law and Liberalism (Law and Philosophy Library #23)
by Martin V.B.P.M. van HeesThe game-theoretic analysis of rights forms a rapidly growing field of study to which this book makes an important contribution. Van Hees combines the game-theoretic approach with the results and tools from logic, in particular from the logic of norms. The resulting synthesis between logic and game theory provides a firm foundation for the game-theoretic approach. The analysis shows how different types of right are related to the strategic opportunities of individuals and of groups of individuals. Furthermore, the book makes an important contribution to the theory of liberalism, in particular to the study of the so-called `liberal paradoxes'. It demonstrates how the paradoxes resurface in the new decision-theoretic framework. In fact, they not only do so at the level of `ordinary' decision making, but also at the level of constitutional decision making.
Rights and Demands: A Foundational Inquiry
by Margaret GilbertRights are often invoked in contemporary moral and political debates, yet the nature of rights is contested. Rights and Demands provides the first full-length treatment of a central class of rights: demand-rights. To have such a right is to have the standing or authority to demand a particular action of another person. How are such rights possible? Everyday agreements are generally acknowledged to be sources of demand-rights, but what is it about an agreement that accounts for this? The central thesis of this book is that joint commitment is a ground of demand-rights, and that it may be the only ground. In developing this thesis Margaret Gilbert argues in detail for joint commitment accounts of both agreements and promises. The final chapter explains the relevance of its argument to our understanding of human rights. Engaging where appropriate with contemporary rights theory, Gilbert provides an accessible route into this area for those previously unfamiliar with it.
Rights and Demands: A Foundational Inquiry
by Margaret GilbertRights are often invoked in contemporary moral and political debates, yet the nature of rights is contested. Rights and Demands provides the first full-length treatment of a central class of rights: demand-rights. To have such a right is to have the standing or authority to demand a particular action of another person. How are such rights possible? Everyday agreements are generally acknowledged to be sources of demand-rights, but what is it about an agreement that accounts for this? The central thesis of this book is that joint commitment is a ground of demand-rights, and that it may be the only ground. In developing this thesis Margaret Gilbert argues in detail for joint commitment accounts of both agreements and promises. The final chapter explains the relevance of its argument to our understanding of human rights. Engaging where appropriate with contemporary rights theory, Gilbert provides an accessible route into this area for those previously unfamiliar with it.
Rights and Duties of Directors (Directors' Handbook Series)
by Mark CardaleHighly practical and comprehensive, the book details each and every duty in relation to the core administration, compliance and disclosure requirements of company law and other closely associated legislation.The 18th edition is fully revised and updated to take account of the wide ranging changes and new case law since the 17th edition.
Rights and Duties of Directors 2017/18 (Directors' Handbook Series)
by Martha BruceRights and Duties of Directors, 16th edition, clearly explains the rights and powers of directors and their specific duties as prescribed by company law and associated legislation.This is an invaluable guide for all company directors - and their legal advisers - whatever the size of their organisation, as well as company secretaries and HR professionals. Rights and Duties of Directors details each and every duty in relation to the core administration, compliance and disclosure requirements of company law and other closely associated legislation.Covers the following:The nature of office of director Directors, the Board and the company secretary Directors' rights Statutory statement of directors' general duties Breach of duty by a director Statutory duties of directors Accounting and financial responsibilities of directors Directors' duties and the members Directors' duties in public and listed companies Directors and corporate governance Directors' duties and employment issues Directors' duties and the environment Duties and the customer Directors, creditors and insolvency
The rights and duties of neutrals: A general history (Melland Schill Studies in International Law)
by Stephen NeffNow available as an ebook for the first time, this 2000 title in the Melland Schill Studies in International Law series is a survey of the history of law of neutrality from its mediaeval roots to the end of the twentieth century. The theme is the eternal clash between the rights of neutrals and belligerents - between the right of belligerents to defeat their enemies, and the right of neutrals to trade freely with all parties. Over the centuries, belligerent powers have devised various legal means of restricting neutrals from trading with their enemies, such as the law of blockade and contraband carriage. At the same time, neutral traders have done their best to evade and circumvent these restrictions. This book traces the evolution of state practice, together with the debates over the relevant doctrinal issues and the various attempts to reform and codify the law of neutrality.