Showing papers on "Fundamental rights published in 1981"

Human Rights and the South African Legal Order

Abstract: As an Advocate of the Supreme Court, John Dugard observes the South African legal order daily in operation. In this book he provides a thorough description and probing analysis of the workings of the system. He places South Africa's legal order in a comparative context, examining the climate of legal opinion, crucial judicial decisions, and their significance in relation to contemporary thought and practice in England, America, and elsewhere. He also considers South Africa's laws in the light of its history, politics, and culture. Originally published in 1978. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Citizenship and the Right to Leave

Abstract: The right to leave one's country, in conjunction with the right to change one's nationality, both of which are proclaimed in the Universal Declaration of Human Rights (1948), are examined in historical and philosophical perspective and with special reference to their implications for a theory of citizenship. These rights are novel elements in enumerations of fundamental rights, at variance with traditional conceptions of state sovereignty and with the practice of many slates, past and present. They are also rights which have not frequently been defended, and have often been denied, by political and legal philosophers, many of whom have defended stronger ties of allegiance and obligations between the citizen and the state than is evidently implied by the human rights doctrine. These rights are clearly grounded in basic liberal values of individual liberty and voluntarism; however, they represent extensions of these values beyond what was usually acknowledged in the classical liberal tradition.

Ethical issues in the supervision of psychotherapy.

Abstract: Supervision is the accepted training model for the teaching and learning ofpsychotherapeutic skills. Although standards of ethical behavior between a psychotherapist and client have been established, specific guidelines for ethical behavior between a supervisor and trainee have not been delineated. Given the importance of the supervisory relationship in the development of competent psychotherapists, the relatively powerless and dependent position of the trainee, and the potential occurrence of therapylike experiences in supervision, the development of guidelines outlining the rights of trainees and responsibilities of supervisors is indicated. "Psychologists respect the worth of the individual and honor the preservation and protection of fundamental human rights" (American Psychological Association, [APA] 1977a, p. 1). This quote from the "Ethical Standards of Psychologists" is a statement of a commitment by psychologists to ensure the rights and to promote the welfare of their clients. This commitment has been given specific meaning for the client-therapist relationship (Hare-Mustin, Marecek, Kaplan, & Liss-Levinson, 1979), for providers of psychological services (APA, 1977b), and for therapy with female clients (APA, 1978a). Although the mandate is clear, the specific implications of this commitment for the conduct of psychotherapy supervision have received limited attention in the professional literature. Except for one article on sexual behavior between supervisor and trainee (Pope, Schover, & Levinson, 1980) and another article on standards of competency for supervisors (APA, 1971), virtually no examination of the ethical issues within supervision has been made. An examination of ethical issues in psychotherapy supervision is critical for three major reasons. First, the supervisory relationship is the primary training model for the development of psychotherapeutic skills. Second, the supervisory relationship is inherently unequal in status, power, and expertise. Third, insofar as trainees are expected to evaluate their own performance and to increase self-awareness within the context of supervision, the relationship possesses therapylike qualities. Each of these reasons will be briefly discussed, with emphasis on clarifying the responsibilities of supervisors and the rights of supervisees.

The Fundamental Rights Controversy: The Essential Contradictions of Normative Constitutional Scholarship

Abstract: As things now stand, everything is up for grabs. Nevertheless: Napalming babies is bad. Starving the poor is wicked. Buying and selling each other is depraved. Those who stood up to and died resisting Hitler, Stalin, Amin, and Pol Pot-and General Custer too-have earned salvation. Those who acquiesced deserve to be damned. There is in the world such a thing as evil. [All together now:] Sez who? God help us. -Arthur Leff*

The O.A.U. and Human Rights: Towards a New Definition

Abstract: A fundamental dilemma has long lain at the heart of the Organisation of African Unity. Two contradictory principles have helped it maintain solidarity: the first recognises that domestic jurisdiction rests at the foundation of sovereign equality, while the second stresses that national policies such as apartheid have international consequences. These principles clash directly in the broad area of human rights.

Regulation, Property Rights, and Definition of “The Market”: Law and the American Economy

Abstract: This article identifies four problems in the recent interdisciplinary studies of property rights, law, and economic development in the nineteenth-century United States. First, recent studies stress too exclusively the positive functions of law in either the “release of entrepreneurial energy” or the exploitative allocation of advantages (by courts and legislatures) to the business interests leading industrialization. Second, the dichotomy between alleged “instrumentalism” as the prevailing judicial style before 1860 and “formalism” after 1865 has been exaggerated. Third, generalizations have been based too much on the eastern states and Wisconsin. Fourth, there has been a failure to identify accurately the winners and losers in the struggle over regulation and the definition of property rights. Thus, although rediscovery of the importance of institutions by economists and the renaissance of legal history among historians and legal scholars constitute welcome (converging) developments in recent scholarship, much more research is needed on these main themes in the literature.

The Philosophy of human rights : international perspectives

Abstract: What do you do to start reading philosophy of human rights international perspectives? Searching the book that you love to read first or find an interesting book that will make you want to read? Everybody has difference with their reason of reading a book. Actuary, reading habit must be from earlier. Many people may be love to read, but not a book. It's not fault. Someone will be bored to open the thick book with small words to read. In more, this is the real condition. So do happen probably with this philosophy of human rights international perspectives.

The Optional Protocol to the International Covenant on Civil and Political Rights

Abstract: Considering that in order further to achieve the purposes of the International Covenant on Civil and Political Rights (hereinafter referred to as the Covenant) and the implemenation of its provisions it would be appropriate to enable the Human Rights Committee set up in part IV of the Covenant (hereinafter referred to as the Committee) to receive and consider, as provided in the present Protocol, communications from individuals claiming to be victims of violations of any of the rights set forth in the Covenant.

Human rights and foreign policy

Abstract: THERE has probably never been a time when there was so much concern about human rights questions as there is today. Because the world is so much smaller, we are all now more conscious of the human rights violations that occur in other parts of the world and more determined to do something about them. There is a widespread sentiment that this concern should not simply be voiced by ordinary citizens, or by non-governmental organisations such as the United Nations Association (UNA) and Amnesty International, but should be expressed in the foreign policy of governments. Foreign policies, in other words, should not just be concerned with the promotion of narrow, national self-interest but with remedying the injustices suffered by many in other countries living under tyrannical and inhumane governments. If government policies reflect the deep concern of their citizens on this issue, the means available to governments, and to governments alone, can be brought into play and so help influence the policies being pursued by other states towards their own populations, and to end, or at least reduce, the grievous violations of rights which many continue to suffer. During the last two or three years there have been more active efforts by governments in a number of Western countries to implement such policies. The Carter administration in the United States and the former Labour Government in Britain each sought to pursue active policies in this field. Some smaller countries, such as Sweden and the Netherlands, have made similar attempts. The policies of these governments were designed not only to make general statements about the importance of respect for human rights, but to take actions related to individual countries to induce them to change their policies. Where these have failed, adjustments have been made-withdrawal of ambassadors, or the cutting off of aid-as an indication of the importance attached to these matters. Both the Carter administration and the former British Labour Government have been criticised for their efforts in this field. These criticisms have been made mainly on two diametrically opposed grounds. They were attacked by some for failing to pursue the policies with sufficient vigour and outspokenness, especially where to do so would threaten other foreign policy

In re Grady: the mentally retarded individual's right to choose sterilization

Abstract: In the case of In re Grady, the New Jersey Superior Court addressed important issues concerning the propriety of a court's exercise of parens patriae jurisdiction to ratify parents' substituted consent to the sterilization of their mentally retarded child. This Note discusses the genesis of the fundamental right to choose sterilization, its application to mentally retarded individuals, and the adequacy of the procedural framework enunciated in Grady to assure that substituted consent by the parents is exercised solely in the mentally retarded individual's "best interests". This Note concludes that, while the Grady court properly exercised its parens patriae jurisdiction, the procedural framework enunciated is inadequate. The Note proposes a model that would implement the procedural elements the Note determines are essential to a "best interests" inquiry. The proposal requires: (1) that the individual be required to argue that sterilization is not in the incompetent's "best interests"; and (3) that the court determine, as a question of fact, whether the parents' exercise of substituted consent is in the incompetent's "best interests." The Note also suggests criteria which can be used in making the "best interests" determination, and recommends that "clear and convincing" evidence be required to support the "best interests" standard.

The Evolution of Texas Water Law and the Impact of Adjudication

Abstract: Texas' surface water law began its evolution during the Hispanic period of occupance. Later, the English riparian doctrine was adopted, and finally, in the late 1800's, the prior appropriation doctrine was superimposed, resulting in an exceedingly complex dual system. Though the judiciary, legislature, and state water agencies have wrestled with the problem of coordinating these diverse water rights and more accurately delineating and measuring riparian rights and water use since early in this century, until recently all attempts were unsuccessful. The unknown riparian element, in particular, made coordinated and efficient management and administration of the state's surface water resources impossible. Finally, measurable progress toward solution of these problems began in 1967 with passage of the Water Rights Adjudication Act, aimed at identifying all unrecorded surface water rights claims and eventually merging all claims into the permit system. This paper examines the gradual evolution of Texas' curious blend of Hispanic-English riparian rights and later appropriate rights; discusses the resultant problems of water resource administration; and traces the progress of the ongoing water rights adjudication, a lengthy, expensive, and complex procedure, which should eventually make possible more efficient administration of all surface water rights.

Rights and reality

Abstract: S ome rights that are narrow in scope seem to be absolute, in that they should never be overridden. There seems to be such a right not to be killed in peacetime unless after careful determination that one has committed a crime. Is there also an absolute right that is so broad as to be fundamental, in that conformity to it would determine all the main features of a society? The most influential moral philosophy of the last ten years has been an effort to show that such a right exists. In particular, this is the common goal, pursued by very different routes, of Rawls's, Dworkin's, and Nozick's books.' For most of this essay, I will be arguing that this trend is misguided because it neglects the depth and pervasiveness of conflicts between the needs of different groups. Because legitimate, acute needs of a majority often conflict with needs of a small minority, there are realistic cases in which any right that might be seen as fundamental should be overridden to avoid widespread, substantial suffering. My arguments against one-sided reliance on rights will sometimes sound like defenses of utilitarianism. But, as I shall argue toward the end, attention to conflicting needs exposes the onesidedness of utilitarianism as well. Indeed, no moral consideration, neither respect for rights, nor the maximization of the general welfare, nor the promotion of intrinsically valuable activity, nor some ranked combination of them, is an absolute and fundamental standard for resolving conflicts between the needs of different groups. If the most important political questions have objectively valid answers, they have such determinacy, not on account of the absoluteness of some moral standard, but on account of controversial empirical facts in light of which a single political strategy is the best means of satisfying diverse moral considerations. My case against overemphasis on rights will serve

Beyond the limits of reproductive choice: the contributions of the abortion-funding cases to fundamental-rights analysis and to the welfare-rights thesis.

Abstract: This early analysis of the abortion-funding cases shows how the Supreme Court shifted the focus from the fundamental nature of the right at stake to the character of the state action challenged. By insisting that the state action “impinge” on the right recognized by Roe v. Wade in order to merit more than rational-basis review, the Court not only minimized the impact of funding denials on poor women but also foretold the undue-burden standard that would govern all manner of abortion restrictions in the years to come. This article anticipates that later development and also shows how the abortion-funding cases mark the demise of the welfare-rights thesis that some scholars had discerned in the Court’s wealth-discrimination jurisprudence.

Legal Foundations of Civil Rights and Pluralism in America

Abstract: Central to the dynamics of American pluralism are legal protections provided for minorities. To a large degree these rights revolve around the concept of equal protection of the laws. Whether reflected in the Fourteenth Amendment or statutes, the principal question is, Under what conditions is it just or reasonable to afford different treatment to persons because of their race? Here this question is addressed in the context of the transformation of the concept of equal protec tion since Plessy v. Ferguson (1896). Certainly the legal meta morphosis from the "separate but equal" doctrine to the cur rent status of minority rights is truly profound. Particularly important in recent years is the issue of affirmative action. After a brief survey of the legal transition from Plessy into the 1970s and of the various levels of scrutiny that the United States Supreme Court has given to equal protection prob lems, the progression of the equal protection principle is traced herein with emphasis placed on the three mo...

The Domestic Application of the European Human Rights Convention as European Community Law

Abstract: THE DEVELOPING "jurisprudence" of the Court of Justice of the European Communities relating to "general principles of European Community Law" and its increasing reference to the European Convention on Human Rights and other sources of fundamental rights as forming an integral part of that law suggests that the European Convention may have been accommodated into the corpus of European Community law.' This "communitisation" of the European Convention may well endow its substantive provisions with special Community law features in relation to national law, thus radically altering the Convention's status in the domestic law of the nine member States.2 In the words of the former President of the Court of Justice of the European Communities (the Luxembourg Court): Just as Community law has become effectively established thanks to national courts, so the [European] Convention [on Human Rights] can become part of national legislation by means of the combined compulsory force of the decisions of the Court of Justice and national judgments. By interpreting Community law in the light of the Convention, the Court of Justice would place the efficacy of its decisions at the latter's disposal. Direct effect, uniformity, the primacy of community law could also help the rights safeguarded by the Convention to penetrate both into the Community and each of the member States. 3

The Concept of Human Rights in Islamic Jurisprudence

Abstract: There is a general resurgence of Islam today in the Muslim nations of the world. They want to make a new start in their socio-political spheres, on the basis of doctrines enunciated by their holy book, the Quran. Thus, there is a real need for inquiry into the sources which will enable the citizens of the Islamic countries to compel their rulers to adhere to basic human rights. It is unfortunate that one legacy of the colonial rule in the various Muslim countries is total political and economic chaos, which the new leaders of these countries have to cope with. Most of the time, these leaders are tempted to ignore human rights on the pretext of bringing stability to a nation. It is at this juncture that the developed nations of the world, which are committed to the cause of human liberties and basic human rights, have to exert their influence. It is sad that the Western democracies, which see to it that their own citizens enjoy human rights even under the most disturbed political conditions, do nothing about the rulers of the underdeveloped or developing countries who mercilessly deprive their citizens of basic human rights. Sometimes this nonintervention is the result of global power politics and sometimes merely hypocritical expediency on the part of Western democracies. The consequence is that although the barriers of time and space are shrinking and the people of the world are becoming one human race, the majority of the human beings are suffering under the oppression of tyrannical despotism of unenlightened rulers of their respective countries. Every age has had its own ills from which people have suffered, but rarely have people gone through such spiritual perplexity and agony of soul that they are experiencing today. Humans are fully aware of the fact that the total destruction of their race will be the ultimate fate if they fail

Human rights in Africa

Abstract: The Organization of African Unity's charter on human rights is the first step in the establishment of an African regional mechanism for the protection of individual and collective rights.