In lieu of an abstract, here is a brief excerpt of the content:Index to Volume Fifty-SixArticlesBernier, Bernard, National Communion: Watsuji Tetsurō's Conception of Ethics, Power, and the Japanese Imperial State, 1 : 84-105Between Principle and Situation: Contrasting Styles in the Japanese and Korean Traditions of Moral Culture, Chai-sik Chung, 2 : 253-280Buxton, Nicholas, The Crow and the Coconut: Accident, Coincidence, and Causation in the Yogavāiṣṭha, 3 : 392-408Chan, Sin Yee, The Confucian Notion of Jing (Respect), Sin Yee Chan, 2 : (...) 229-252Chong, Kim-chong, Zhuangzi and the Nature of Metaphor, 3 : 370-391Chung, Chai-sik, Between Principle and Situation: Contrasting Styles in the Japanese and Korean Traditions of Moral Culture, 2 : 253-280The Confucian Ideal of Harmony, Chenyang Li, 4 : 583-603The Confucian Notion of Jing.(Respect), Sin Yee Chan, 2 : 229-252The Conventional Status of Reflexive Awareness: What's at Stake in a Tibetan Debate? Jay L. Garfield, 2 : 201-228The Crisis of Knowledge in Islam (I): The Case of al-'āmirī, Paul L. Heck, 1 : 106-135The Crow and the Coconut: Accident, Coincidence, and Causation in the Yogavāiṣṭha, Nicholas Buxton, 3 : 392-408De Reu, Wim, Right Words Seem Wrong: Neglected Paradoxes in Early Chinese Philosophical Texts, 2 : 281-300The Desire You Are Required to Get Rid of: A Functionalist Analysis of Desire in the Bhaga-vadgītā, Christopher Framarin, 4 : 604-617Framarin, Christopher, The Desire You Are Required to Get Rid of: A Functionalist Analysis of Desire in the Bhagavadgītā, 4 : 604-617Garfield, Jay L., The Conventional Status of Reflexive Awareness: What's at Stake in a Tibetan Debate? 2 : 201-228Heck, Paul L., The Crisis of Knowledge in Islam (I): The Case of al-'ā mirī, 1 : 106-135Heidegger's Comportment toward East-West Dialogue, Lin Ma and Jaap van Brakel, 4 : 519-566Ho, Chien-hsing, Saying the Unsayable, 3 : 409-427Kantor, Hans-Rudolf, Ontological Indeterminacy and Its Soteriological Relevance: An Assessment of Mou Zongsan's (1909-1995) Interpretation of Zhiyi's (538-597) Tiantai Buddhism, 1 : 16-68Lai, Karyn, Li in the Analects: Training in Moral Competence and the Question of Flexibility, 1 : 69-83Li, Chenyang, The Confucian Ideal of Harmony, 4 : 583-603Li in the Analects: Training in Moral Competence and the Question of Flexibility, Karyn Lai, 1 : 69-83Ma, Lin, and Jaap van Brakel, Heidegger's Comportment toward East-West Dialogue, 4 : 519-566National Communion: Watsuji Tetsurō's Conception of Ethics, Power, and the Japanese Imperial State, Bernard Bernier, 1 : 84-105Ontological Indeterminacy and Its Soteriological Relevance: An Assessment of Mou Zongsan's (1909-1995) Interpretation of Zhiyi's (538- 597) Tiantai Buddhism, Hans-Rudolf Kantor, 1 : 16-68Right Words Seem Wrong: Neglected Paradoxes in Early Chinese Philosophical Texts, Wim De Reu, 2 : 281-300The Role of Time in the Structure of Chinese Logic, Jinmei Yuan, 1 : 136-152Sakya Pandita and the Status of Concepts, Jonathan Stoltz, 4 : 567-582Saying the Unsayable, Chien-hsing Ho, 3 : 409-427Schiltz, Elizabeth, Two Chariots: The Justification of the Best Life in the Katha Upanishad and Plato's Phaedrus, 3 : 451-468Spackman, John, The Tiantai Roots of Dōgen's Philosophy of Language and Thought, 3 : 428-450Stevenson, Frank W., Zhuangzi's Dao as Background Noise, 2 : 301-331Stoltz, Jonathan, Sakya Pandita and the Status of Concepts, 4 : 567-582The Tiantai Roots of Dōgen's Philosophy of Language and Thought, John Spackman, 3 : 428-450 [End Page 709]Two Chariots: The Justification of the Best Life in the Katha Upanishad and Plato's Phaedrus, Elizabeth Schiltz, 3 : 451-468van Brakel, Jaap, and Lin Ma, Heidegger's Comportment toward East-West Dialogue, 4 : 519-566Yuan, Jinmei, The Role of Time in the Structure of Chinese Logic, 1 : 136-152Zhuangzi and the Nature of Metaphor, Kim-chong Chong, 3 : 370-391Zhuangzi's Dao as Background Noise, Frank W. Stevenson, 2 : 301-331Book NotesFenner, David E. W., Introducing Aesthetics (note by James McRae), 3 : 515-516Introducing Aesthetics, by David E. W. Fenner (note by James McRae), 3 : 515-516McRae, James, a book... (shrink)

Cultural rights constitute one of the most exciting new frontiers of human rights research and practice. Cultural rights are also the ultimate law and humanities topic. These are good enough reasons for making cultural rights the main focus of a book. But there are other reasons, too. Cultural rights are both transformative and empowering rights. They enable people to aspire to a better future for themselves, their families, and the society (...) in which they live, and they play a key role in realizing all other human rights. Furthermore, they provide a much-needed discourse or common forum in which we can explore, negotiate, and come to new cross-cultural understandings. All of this is supremely important today, at a time when respect for cultural diversity is a key concern worldwide, and when migration and advances in technology are increasing the level of cultural exchange but also fostering cultural clashes and incompatibilities previously masked by distance. (shrink)

The liberal conception of the state is marked by an insistence upon the equal civil and political rights of each inhabitant. Recently, though, a number of writers have argued that this emphasis on uniform rights ignores the fact that the populations of most states are culturally diverse, and that their inhabitants have significant interests qua members of particular cultures. They argue that liberals should recognize special, group-based cultural rights as a necessary part of a theory of (...) justice in multicultural societies. In this thesis I examine the idea of special cultural rights. In the first part, I begin by setting out some of the different conceptions of culture and multiculturalism that are involved in the debate over cultural rights. I then discuss three claims made by supporters of special cultural rights: that having culture is an essential part of individual autonomy; that people have morally significant interests qua members of particular cultures; and that these interests are inadequately protected by existing liberal conceptions of human rights. Although I conclude that is correct, I argue that both and are mistaken. Among other things, I suggest that the version of culture relied upon by supporters of special cultural rights is an implausible one and I outline what I take to be a more plausible, cosmopolitan conception of culture. In the second part, I begin by looking at specific instances of cultural rights-claims, and analyzing the concept of cultural rights qua rights. I consider the practical and conceptual difficulties with special cultural rights at great length. But the core of my thesis is that our interest in culture lies in its contribution of worthwhile goals and options, and that this interest lies in culture generally rather than in particular cultures. Hence, adopting a special or group-based distribution of any right to culture would seem to be inconsistent with liberal egalitarian principles. If there are such things as cultural rights, I argue, they are general rather than special rights. I conclude by offering a very preliminary account of what a cosmopolitan conception of cultural rights might involve in the case of the right to free association and language rights. (shrink)

This paper examines the capacities of deliberative democracy as a decision-making mechanism in controversies concerning the cultural rights of minorities. It is claimed that existing views of public deliberation leave unanswered the question how to fit, by deliberative means, the cultural needs of culturally different communities into one and the same regulatory framework. The difficulty is that these needs are articulated in culturally specific frames of reference. Consequently, they are not commensurable in terms of their relative importance (...) for the respective communities, and they cannot be referred to in arguments which would be recognized as valid by all the parties in the deliberation. The proposed solution proceeds from the differentiation between ethical-existential (also ethical-political) and moral questions which has been made by J . Habermas in discourse ethics. I explore the possibility of applying to ethical-existential discussion, which articulates a community's cultural needs, the standards of public deliberation, and of developing a quantitative measure of needs. (shrink)

I shall advance the thesis that if there are any moral rights at all, it follows that there is at least one natural right, the equal right of all men to be free. H.L.A. Hart, “Are There Any Natural Rights?”.

While several scholars have argued that the rise of the internet has allowed an autistic culture to emerge over the past two decades, the question of whether people with autism or, as some members of this group refer to themselves, ‘autists’, are legally entitled to their own cultural rights has not been investigated. This article fills part of this lacuna by considering whether such entitlements exist from the perspective of human rights law. I start by showing that, (...) insofar as autists have their own culture, they are likely to be entitled to cultural rights under existing human rights treaties, before arguing that the absence of evidence that their beliefs, values, and behaviors are significantly shaped by distinct social norms renders it unclear whether they do in fact have their own culture. However, I end by arguing that, in terms of autists’ entitlements from a human rights perspective, little seems to depend on this. (shrink)

Many of the most popular liberal arguments for cultural rights all note that the world is formed into groups. But in the attempt to universalise these arguments, it is too often assumed that the nation is the most important of these groups. This focus upon the nation ignores the many and varying bases of self?respect. It overlooks the fact that self?respect may be tied to many different kinds of groups. Further, most discussions of cultural rights are (...) fuelled by the experience of particular groups. Which groups depends on the theorist and issue at hand. The discussion may be sound for the particular group being discussed. But then many cultural rights theorists, in generalising from one case to others, may not have good reason to do so, leading into a mistaken universalism. The study of cultural rights arguments, with closer reference to the case studies that underpin them, should serve to limit illicit generalisation and to illuminate the true value of cultural rights arguments. (shrink)

The paper starts by examining some of the key conceptual problems related to the idea of human rights, as well as some key arguments raised in defence of human rights as universal and emacipatory modern project. This is followed by a discussion on cultural rights, sometimes understood as a correction of human rights? universalism, at other times taken as their?logical extension?; it will be shown how human rights have gradually begun to be amalgamated with (...) cultural and collective rights. The third section of the paper continues with an overview of anthropological critique of cultural rights, with an emphasis on ethnographies critically examining the domination of the?rights talk? in perceptions and self-perceptions of various local?cultural? struggles. Finally, the issue of the universality of human rights is reexamined from the perspective of the particularity of citizens? rights with the aim of questioning the validity of their conceptual demarcation. (shrink)

In 1998 the Council of Europe's Framework Convention for the Protection of National Minorities will come into force. But this treaty will only achieve its potential as the centrepiece of ethnic and cultural rights in Europe if the narrow, biased perspective held by many of the state parties can be overcome. This article argues that a just and workable approach to ethnic rights should be informed by contemporary socio-anthropological understandings of ethnicity and culture. When this understanding is (...) considered within the liberal philosophical foundations of the European human rights system, a universal right to ethnic identity emerges. It is thus apparent that immigrant minorities, often excluded from the development of minority rights in international law, have an equal claim to the benefits of the Framework Convention. There is, moreover, a strong argument that ethnic minority rights must involve some measure of long term, positive support for minority languages and traditions. (shrink)

Should states extend customized political protections to 'minority nations' or 'minority cultures'? Part of the answer depends on whether the identities at stake are merely political artifacts created or exploited by 'ethnic entrepreneurs', or whether they are 'authentic' expression of an ongoing collective life. This essay argues that the real character of groups is persistently difficult to recognize, and that 'authenticity' is a problematic notion even in the abstract. Given these uncertainties, the essay argues that states should generally treat only (...) the claims of small and vulnerable groups as moral issues, while treating the claims of large groups primarily as political matters. The essay closes with a discussion of the legal criteria for recognizing Indian tribes in the United States, arguing that the standards used are generally plausible, if problematic in one key detail. (shrink)

It is no longer a revelation that companies have some responsibility to uphold human rights. However, delineating the boundaries of the relationship between business and human rights is more vexed. What is it that we are asking corporations to assume responsibility for and how far does that responsibility extend? This article focuses on the extent to which economic, social and cultural rights fall within a corporation's sphere of responsibility. It then analyses how corporations may be held (...) accountable for violations of such rights. Specifically, the article considers the use of soft law as a protective mechanism; it also details how victims of harmful corporate behaviour are using litigation (pursuant to ATCA and common law domestic causes of action) to seek redress and recognition of the harms they have directly or indirectly experienced. The article concludes with an analysis of Professor Ruggie's (the United Nations Special Representative on the issue of transnational corporations and human rights) 2008 and 2009 Reports in which it is suggested that a respect-based framework must be interpreted as imposing proactive requirements on companies to prevent the infringement of human rights. Future efforts must also be directed towards the recognition of a specialised complementary corporate responsibility to protect human rights. (shrink)

This article brings together the United Nations’ International Covenant on Economic, Social and Cultural Rights (ICESCR) and John McMurtry’s theory of value. In this perspective, the ICESCR is construed as a prime example of “civil commons,” while McMurtry’s theory of value is proposed as a tool of interpretation of the covenant. In particular, McMurtry’s theory of value is a hermeneutical device capable of highlighting: (a) what alternative conception of value systemically operates against the fulfilment of the rights (...) enshrined in the ICESCR; (b) the increased relevance of the ICESCR with regard to the current global economic crisis; (c) the parameters to determine the degree to which the rights at issue have been realized. Reflections on environmental implications of both the ICESCR and McMurtry’s axiology conclude the article. (shrink)

This paper addresses whether the often-bemoaned loss of unity of knowledge about humans, which results from the disciplinary fragmentation of science, is something to be overcome. The fragmentation of being human rests on a couple of distinctions, such as the nature-culture divide. Since antiquity the distinction between nature (roughly, what we inherit biologically) and culture (roughly, what is acquired by social interaction) has been a commonplace in science and society. Recently, the nature/culture divide has come under attack in various ways, (...) in philosophy as well as in cultural anthropology. Regarding the latter, for instance, the divide was quintessential in its beginnings as an academic dis-cipline, when Alfred L. Kroeber, one of the first professional anthropologists in the US, rallied for (what I call) the right to ignore—in his case, human nature—by adopting a separationist epistemic stance. A separationist stance will be understood as an epistemic research heuristic that defends the right to ignore a specif-ic phenomenon (e.g., human nature) or a specific causal factor in an explanation typical for a disciplinary field. I will use Kroeber’s case as an example for making a general point against a bias towards integration (synthesis bias, as I call it) that is exemplified, for instance, by defenders of evolutionary psychology. I will claim that, in principle, a separationist stance is as good as an integrationist stance since both can be equally fruitful. With this argument from fruitful sepa-ration in place, not just the separationist stance but also the nature/culture di-vide can be defended against its critics. (shrink)

The government concern towards preservation of Economic, Social and cultural rights of citizens of a country can be clearly visible through the fiscal policy changes and the trends in public finance. This article intends to decompose and analyse the trends of government expenditure of Sri Lanka over the past years and to investigate whether the public expenditure has been allocated for productive sectors which truely facilitate public welfare and uplift the Ecoomic,Social and cultural rights of the (...) citizens.The considered period for the data analysis is 2010 to 2018 and also a special emphasis has been given on 2019 budget as the latest. The trends of Public expenditure on education, health and main welfare programs and recent taxation policies have been taken into account as a proxy of the attention towards ESCR by the government. The study has illustrated a significant decline in the public expenditure on education, health and welfare with heavy burden generated by indirect taxes that can draw harmful impacts on economy’s future productive potential as well as on the obligation of protecting ESCR. (shrink)

This chapter contains sections titled: Introduction Tradition and Modernity: Culture, Works and Others Record Collection and Salvage Paradigms Preserving Indigenous ‘Music’: Rights and Responsibilities The Harms of Appropriation Information Society Rights‐Based Arguments for Restitution and Limited Properties Repatriation and Recollection Conclusion Acknowledgments References.

The Committee on Economic, Social and Cultural Rights (CESCR) has a new mechanism to receive individual complaints and issue views, which makes the question of how the Committee should interpret the broad articles of the International Covenant on Economic, Social and Cultural Rights more pressing than ever. Most commentators on the legitimacy of the CESCR’s interpretation have argued that interpreters should make better use of Articles 31–33 of the Vienna Convention on the Law of Treaties (VCLT) (...) in order to improve the legitimacy of their findings. In this article, we argue conversely that the individual communication mechanism should be evaluated and reformed in terms of legitimate authority. In the context of the Committee’s process of interpretation, we contend that proportionality is better suited than the various interpretive options of the VCLT to offer a consistent procedure that is able to generate legitimacy by attenuating the tension between personal and collective autonomy. (shrink)

At this juncture, the relevance of the human right to science is undeniable. The right, for a long time, has been a subject matter of deliberation under Article 15 of the International Covenant on Economic, Social and Cultural Rights, 1966 (ICESCR). Most of these deliberations emphasised the need for a concise meaning and scope of the right to science. In the year 2020, the Committee on Economic, Social and Cultural Rights (CESCR) under the ICESCR made two (...) interventions with the objective of defining, advancing and mainstreaming the right to science. The two interventions include General Comment No. 25 on Science and Economic, Social and Cultural Rights, and the Statement on the Coronavirus Disease (COVID-19) Pandemic and Economic, Social and Cultural Rights. This paper concerns the above mentioned statements of the CESCR, in particular, the interpretations and standards being advanced by the Committee. (shrink)

Human rights treaties are often attached and complemented with Optional Protocols. The Optional protocol instruments are adopted after careful deliberation between different stakeholders including member states to human rights treaties. -/- The present document on Introduction to the International Covenant on Economic Social and Cultural Rights- Optional Protocol [OP-ICESCR] is an addition to the on-going work on the Human Rights Framework on ESC Rights. It covers basic information on the objectives of the OP and (...) the key provisions dealing with the redressal mechanisms and processes. Much emphasis is given to highlighting the expansion of the normative framework through the works of the Committee under the ICESCR. The document highlights a few of the important standards developed, interpreted and applied by the Committee in its dealing with member states. The document also mentions a few areas that need further study and analysis in order to understand the impact of the OP-ICESCR mechanisms within domestic jurisdictions, particularly of the member states. (shrink)

Theories of multiculturalism explore whether minority cultural groups have rights and claims that limit the nation-building aims of the modern state and that protect a space in which minorities can...

This essay tackles the question of whether liberal political theory can remain neutral and grant minority cultural rights. It is argued that although consequentialist neutrality is impossible to implement, justificatory neutrality does allow certain benefits to be guaranteed to minorities as rights ? although not as many as most multiculturalists demand. Particular attention is paid to the demands of minority members of exemptions from general laws. The article gives examples of how and why certain exemptions or revisions (...) of general laws are not only permissible but also required from a liberal point of view. (shrink)

Religious toleration first became legally enshrined in Europe in the 16th and 17th centuries. Religious toleration led to the practice of more general inter-subjective recognition of members of democratic states which took precedence over differences of conviction and practice. After considering the extent to which a democracy may defend itself against the enemies of democracy and to which it should be prepared to tolerate civil disobedience, the article analyses the contemporary dialectic between the notion of civil inclusion and multiculturalism. Religious (...) toleration is seen as the pacemaker for modern multiculturalism, in which the claims of minorities to civic inclusion are recognized so long as members of all groups understand themselves to be citizens of one and the same political community. Footnotes1 Royal Institute of Philosophy Annual Lecture, 2003. (shrink)

This study investigates the determinants of the ratification of International Covenant on Economic, Social, and Cultural Rights (ICESCR). To do so, it proposes an explanation that postulates that states employ treaty ratification as a device to signal their resolve to implement polices required by the treaty at issue in order to appease demanding domestic constituencies, predicting that states with lower compliance capacity tend to commit faster than states with higher compliance capacity. Applying this explanation to the ICESCR leads (...) to two expectations. First, the larger government spending a proxy of high compliance capacity is hypothesized to delay the ratification process. Second, states with the unitary system are expected to ratify the ICESCR more promptly because the centralized power structure in unitary states significantly restricts the pursuit of the policy autonomy by minorities at local level that the right to self-determination entails. The Cox proportional hazard analysis lends support to both hypotheses. (shrink)

International human rights treaties and declarations lay out the interconnection of civil and political rights with economic, social, and cultural rights. However, it was not until 1993 at the 2nd UN Conference on Human Rights in Vienna that governments agreed that all of women’s rights are an integral part of human rights. Promoting women’s economic, social, and cultural rights is a critical human rights advocacy issue. Poverty leaves women more exposed (...) to violence and less able to escape it, and severely restricts women’s ability to organize and fight for change. The article describes work by AI and other NGOs on violence against women and its connection with women's poverty and lack of education, healthcare, housing, and access to land in Africa. Besides the burgeoning of African women’s organizations calling for protection of all women’s human rights, a second hopeful development has been approval in July 2003 of an historic Protocol on the Rights of women in Africa. (shrink)

Andrew Lister | : This comment examines the idea of ‘neutrality of treatment’ that is at the heart of Alan Patten’s defense of minority cultural rights in Equal Recognition. The main issue I raise is whether neutrality of treatment can do without an ‘upstream’ or foundational commitment to neutrality of justification. | : Ce commentaire se penche sur le concept de « neutralité de traitement » au coeur de la défense des droits des minorités culturelles qu’offre Alan Patten (...) dans son livre Equal Recognition. La principale question que je pose est celle de savoir ce que peut la neutralité de traitement si elle ne repose pas sur un engagement fondamental, en amont, quant à la neutralité de justification. (shrink)

This book addresses two central questions: What does it mean to shift the epistemic centre of human rights thinking and to decolonise global human rights? And, how to study the 'active' conceptual, empirical, epistemic and political life of rights in 'most of the world'? To address these questions, this book introduces and develops the framework of vernacular rights cultures. The study of vernacular rights cultures is an interdisciplinary, conceptual, epistemic, methodological and empirical project. It intervenes (...) in the current impasse of human rights debates to offer a framework through which the complexity and dynamism of rights-based mobilisations might be analytically captured, not simply as those which are mimetic, and engaged in the translation, enactment and localization of 'global human rights', but rather as those which have their specific languages of rights and entitlements grounded in specific political imaginaries, justificatory premises and subjectivities. Through a conceptual and ethnographic tracking of the Urdu/Arabic word haq across subaltern citizen mobilizations in India and Pakistan, the book analyses the deployment of rights in the vernacular in South Asia including the political, epistemic and ethical agency released by this rights politics. By focusing on the claims for rights/haq by marginalised and very poor women including dalit and indigenous women within grassroots mobilisations demanding rights to food, employment, public information/accountability and land rights in rural movements in India and Pakistan, the book documents the specific gendered political imaginaries that inform rights struggles in the subcontinent. (shrink)

In this article we focus on female genital mutilation. We analyse this problem as one of the most important issues of multiculturalism, which is also coming to the attention of the public in Italy as a consequence of the growing number of immigrants from African countries. The fundamental problem is about the acceptability of this practice: can female genital mutilation be permitted and, if so, on what basis? We will try to cope with this as a genuine conflict between culture-relative (...) values and universal values, such as human rights. Some attention will be drawn to Italian law. Finally, the impact on nurses of requests for genital mutilation will be described. (shrink)

This essay investigates how a liberal state should treat violations of human rights within minority cultures. It is argued that the best approach gives due weight to the following three features: the free exercise of culture, protection of human rights and the balance of power between the majority and minority communities in a given polity. This balanced approach is contrasted with the theories of Kukathas, Okin and Spinner-Halev, who are criticised for concentrating on only the first, second and (...) third of these features respectively. The Arab Israeli Plonit case and the Indian Muslim Shah Bano case are used to illustrate this argument. The Israeli treatment of Plonit shows the virtues of the author's preferred approach, while the Indian treatment of Shah Bano indicates the dangers of concentrating on the second feature alone, as many liberals advocate, and neglecting the other two. (shrink)

The aim of this paper is to explore the split between two kinds of reasoning – non-public (culturally dependent) and public (characteristic for the procedures of policy design and, more generally, of taking generally binding decisions within the institutions of power). A largely acknowledged problem is that attempts to influence the public policies from the positions of cultural communities cannot be rationally substantiated because the arguments used are in most cases not recognized as valid by the general public, which (...) does not share the particular beliefs and assumptions that guide reasoning in a contextually “embedded” cultural environment. This “barrier” between non-public and public reasoning is hindering the progress of recognizing minority rights and allowing the input of religiously inspired ideas into public life, to say the least. More concretely, my purpose is to point out certain philosophical debates which can provide, in my opinion,theoretical “instruments” that might help reconceptualize the possibilities for communication between the nonpublic and the public domains. I mean first of all, but not only, the theories of political liberalism and deliberative democracy as well as the differentiation between “substantivist” and “procedural” kinds of discourse. (shrink)

(2000). Human rights and diverse cultures: Continuity or discontinuity? Critical Review of International Social and Political Philosophy: Vol. 3, Human Rights and Global Diversity, pp. 27-50.