Law and Ethics of Human Rights最新文献_第3页

Private Policing and Human Rights 私人警务与人权

Law and Ethics of Human Rights Pub Date : 2011-03-26 DOI: 10.2202/1938-2545.1054

D. Sklansky

{"title":"Private Policing and Human Rights","authors":"D. Sklansky","doi":"10.2202/1938-2545.1054","DOIUrl":"https://doi.org/10.2202/1938-2545.1054","url":null,"abstract":"Very little of the expanding debate over private policing has employed the language of human rights. This is notable not just because private policing is a distinctly global phenomenon, and human rights have become, as Michael Ignatieff puts it, the lingua franca of global moral thought. It is notable as well because a parallel development that seems in many ways related to the spread of private policingthe escalating importance of private military companieshas been debated as a matter of human rights.This Article asks whether discussions of private policing have been impoverished by their failure to employ the language of human rights. It begins by discussing the dramatic rise, over the past several decades, in the size and significance of private policing. It then summarizes the academic and public policy debates about that development and considers what, if anything, the language of human rights could add to those debates, and whether the addition would be welcome. One strand of the Article compares the debate over private policing with the debate over private military companies. Another strand compares private policing with private prisons, in light of the recent ruling by the Supreme Court of Israel declaring private prisons unconstitutional. The Article concludes that the benefits of introducing the language of human rights into debates about private policing are far from clearwith one exception. Human rights, particularly as codified in international treaties, do seem a promising way to get traction on a particular aspect of police privatization that has received less attention than it deserves: the way in which widespread reliance on private security firms may weaken public commitment to providing everyone with a minimally acceptable degree of protection against private violence.","PeriodicalId":38947,"journal":{"name":"Law and Ethics of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2011-03-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2202/1938-2545.1054","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68764343","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 6

Privatization, School Choice and Educational Equality 私有化、择校与教育平等

Law and Ethics of Human Rights Pub Date : 2011-01-01 DOI: 10.2202/1938-2545.1061

Yossi Dahan

{"title":"Privatization, School Choice and Educational Equality","authors":"Yossi Dahan","doi":"10.2202/1938-2545.1061","DOIUrl":"https://doi.org/10.2202/1938-2545.1061","url":null,"abstract":"This Article looks at aspects of the relationship between privatization in education and educational justice, examining these relationships from normative and empirical points of view. It explores different meanings of privatization in the realm of education and assesses underlying reasons for certain aspects of privatization in light of two educational justice: the adequacy approach and the fair equality of opportunity approach. The Article argues that given the competitive nature of the sphere of education, considerations of fairness, as well as utility, solidarity, and democracy supply strong reasons for rejecting various arguments that support the existence of private schools. In the last thirty years, vouchers and school choice schemes have constituted the main modes of privatization, importing market mechanisms and the logic of competition into the realm of education. Empirical evidence suggests that vouchers and school choice schemes have not fulfilled the promise of reducing educational inequalities, partly due to the political, social, economic and ideological background in which they were implemented. The introduction of competition in the realm of education has created a reality that encourages schools to prefer low cost studentsstudents from middle and upper classes familiesover high cost disadvantaged studentswho come mainly from the lower class, and students with special needs. Not only have marketization and privatization changed the way that society distributes educational services, they promote a social ethos that emphasizes self-interest over the advancement of the public good and erodes democratic public forums in which collective societal decisions should be resolved.","PeriodicalId":38947,"journal":{"name":"Law and Ethics of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2011-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2202/1938-2545.1061","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68764583","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 4

Outsourcing Violence? 外包暴力吗?

Law and Ethics of Human Rights Pub Date : 2011-01-01 DOI: 10.2202/1938-2545.1063

Alon Harel

{"title":"Outsourcing Violence?","authors":"Alon Harel","doi":"10.2202/1938-2545.1063","DOIUrl":"https://doi.org/10.2202/1938-2545.1063","url":null,"abstract":"This Article develops a theory of inherently governmental functions and argues that these functions concern powers designed to execute or implement fundamental state decisionse.g., the decision to criminalize certain behavior, the decision to inflict a certain sanction, or to the decision to initiate or end a war. While most theorists agree that fundamental state decisions of the types described above ought only to be made by the State, some believe that the power to execute or implement these decisions can be transferred to private entities. Thus, for instance, theorists maintain that while only the State can criminalize behavior, private prisons can execute the punishment; while only the State can declare a war, mercenaries can carry it out, etc. This Article disputes this claim. By transferring powers of execution or implementation of fundamental state decisions to private entities, the State severs the link between its fundamental societal decisions and the actions designed to execute or implement these decisions. Private entities that imprison people or soldiers hired to fight a war ought to be regarded not merely as executing or implementing public decisions. Instead, they ought to be regarded as private entities whose own private judgments concerning the justness of the sanctions they inflict or the justifiability of the wars they fight are prerequisite for the performance of their jobs. The contribution to the genesis of the action of the private entity made by the courts decision to inflict a sanction or the States decision to go to war is, so to speak, superseded by the individuals own judgment. The Article further argues that being punished by another private individualrather than by the Stateinfringes upon ones dignity as it subjects the will of one person to the will of another. The justifiability of the exertion of violence hinges upon the agent performing it. Hence, I maintain that it is impermissible on the part of the State to privatize the execution or implementation of some fundamental societal decisions.","PeriodicalId":38947,"journal":{"name":"Law and Ethics of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2011-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2202/1938-2545.1063","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68764742","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Governmental Power: Quality or Identity? Comment on Alon Harel's Argument against Outsourcing Violence 政府权力:质量还是身份?评阿隆·哈雷尔反对外包暴力的观点

Law and Ethics of Human Rights Pub Date : 2011-01-01 DOI: 10.2202/1938-2545.1064

Re’em Segev

引用次数: 1

Parents, Government, and Children: Authority over Education in a Pluralist Liberal Democracy 父母、政府和孩子:多元自由民主中的教育权威

Law and Ethics of Human Rights Pub Date : 2011-01-01 DOI: 10.2202/1938-2545.1060

W. Galston

{"title":"Parents, Government, and Children: Authority over Education in a Pluralist Liberal Democracy","authors":"W. Galston","doi":"10.2202/1938-2545.1060","DOIUrl":"https://doi.org/10.2202/1938-2545.1060","url":null,"abstract":"The relationship between private and state power in a pluralist liberal democracy raises complex issues that this article explores, focusing on control over childrens education. While rights are the default vocabulary of liberal theory and practice, they do not suffice to characterize either the claims of children or the responsibilities of adults. While many theorists have followed Joel Feinberg in proposing that children have the right to an open future, there are good reasons to doubt that they do. Within limits, parents convictions appropriately enter into the content of their childrens education and instruction, and the integrity of civil associations supplements (without supplanting) the discourse of individual rights. John Stuart Mill points toward a triadic understanding of educational authority that coordinates three sets of intereststhe developmental interests of children, the civil interests of the state, and the expressive interests of parents. To explicate expressive interests, the Article lays out a theory of expressive libertythe value of being able to live in a manner consistent with our deepest understanding of what gives meaning and value to our lives. While raising children is an important aspect of parents expressive liberty, it is limited by the separateness of each childs existence, the fact of human diversity, and the requisites of civil order. Nonetheless, in societies characterized by a deep diversity of moral and religious views, the requirements of both practicality and legitimacy point toward a social order that offers maximum feasible scope for different ways of life to find expression in the choices of parents and civil associations. The Article explores this thesis with particular reference to U.S. history and law.","PeriodicalId":38947,"journal":{"name":"Law and Ethics of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2011-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2202/1938-2545.1060","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68764963","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 8

Rethinking Private Warfare 重新思考私人战争

Law and Ethics of Human Rights Pub Date : 2011-01-01 DOI: 10.2202/1938-2545.1056

Daphné Richemond-Barak

{"title":"Rethinking Private Warfare","authors":"Daphné Richemond-Barak","doi":"10.2202/1938-2545.1056","DOIUrl":"https://doi.org/10.2202/1938-2545.1056","url":null,"abstract":"Waging war for money has been frowned upon since the Peace of Westphalia and the rise of the modern nation-state. The stigma associated with private warfare translates, in legal terms, into a prohibition on mercenary activity and denying mercenaries the protection afforded to regular combatants (in particular, prisoner of war status). Noting the apparent similarities between mercenaries and private military contractors, some have sought to extend to the latter the restrictive regime applicable to the former. But the resemblance between these two types of actors should not imply that private warfare, in its modern form, is condemnable outright. This Article argues that an inclusive approach to military outsourcingdrawing upon historical, legal and moral perspectivesis necessary to contend with the challenges raised by the growth of the private military industry. I examine the connection between history (highlighting the shared roots of private military contractors and mercenaries), morality (through which the stigma against private warfare developed), and law (the formal vehicle of such stigma), to show that private warfare deserves a more nuanced and pragmatic treatment under international law.","PeriodicalId":38947,"journal":{"name":"Law and Ethics of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2011-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2202/1938-2545.1056","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68764066","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Privatization and Welfare: A Comparative Perspective 私有化与福利:一个比较的视角

Law and Ethics of Human Rights Pub Date : 2011-01-01 DOI: 10.2202/1938-2545.1062

C. Donnelly

引用次数: 4

Proportionality in International Law 国际法中的相称性

Law and Ethics of Human Rights Pub Date : 2010-09-30 DOI: 10.2202/1938-2545.1049

T. Franck

{"title":"Proportionality in International Law","authors":"T. Franck","doi":"10.2202/1938-2545.1049","DOIUrl":"https://doi.org/10.2202/1938-2545.1049","url":null,"abstract":"Across a broad range of subjects, there is now wide agreement that the principle of proportionality governs the extent to which a provocation may lawfully be countered by what might otherwise be an unlawful response. That is the central role assigned to proportionality in international law and it is deeply rooted in the cultural history of societies. However, if the core institutions of a legal system are too weak to be relied upon to take remedial action against wrongdoers, then they must at least be authorized to license appropriate action by the wronged party and to insure that its response remains within prescribed parameters.The practice described in this essay demonstrates that a high degree of accord is emerging across a broad range of issues to the appropriate standards by which the proportionality of countermeasures can be assessed. The practice of various institutions authorized to render second opinions as to the compliance with those standards is gradually narrowing the range of indeterminacy inherent in the term proportionality. Some of this case law has been disappointingly episodic. The well-crafted second opinion, through its precision, its invocation of precedent, and its careful weighing of the probity of the facts presented to it, deepens and narrows the jurisprudential stream while strengthening its embankments.If applied in practice through second opinions rendered by legitimate institutions, proportionality is an example of an indeterminate principle becoming gradually empowered to provide persuasive answers to difficult questions and, thereby, case by case, building the objective determinacy of the principle.","PeriodicalId":38947,"journal":{"name":"Law and Ethics of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2010-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2202/1938-2545.1049","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68764163","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 10

Citizenship and Its Erosion: Transfer of Populated Territory and Oath of Allegiance in the Prism of Israeli Constitutional Law 公民身份及其侵蚀:以色列宪法棱镜下人口领土的转移和效忠宣誓

Law and Ethics of Human Rights Pub Date : 2010-09-30 DOI: 10.2202/1938-2545.1051

Ilan Saban

引用次数: 2

Thin or Thick? The Principle of Proportionality and International Humanitarian Law 薄还是厚?比例原则与国际人道主义法

Law and Ethics of Human Rights Pub Date : 2010-09-30 DOI: 10.2202/1938-2545.1050

Georg Nolte

引用次数: 6