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Prayas: Social Work In Criminal Justice Prayas_1990@Rediffmail.Com, Prayas.Rnd@Gmail.Com, Professor Vibhuti Patel
Prayas: Social Work In Criminal Justice Prayas_1990@Rediffmail.Com, Prayas.Rnd@Gmail.Com, Professor Vibhuti Patel
Professor Vibhuti Patel
Prayas: Social Work in Criminal Justice prayas_1990@rediffmail.com, prayas.rnd@gmail.com About Prayas Prayas is a Field Action Project of the Centre for Criminology and Justice, School of Social Work at the Tata Institute of Social Sciences, initiated in 1990. It is a response to the needs of disadvantaged groups being processed by the Criminal Justice System (CJS). It aims at socio legal and economic rehabilitation of persons who are at a greater risk of being criminalised, vulnerable to being trafficked (for the purpose of commercial sexual exploitation), or destitution. Mission To contribute knowledge and insight to the current understanding of aspects of …
Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram
Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram
David Ingram
It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual connection between …
Of Sweatshops And Human Subsistence: Habermas On Human Rights, David Ingram
Of Sweatshops And Human Subsistence: Habermas On Human Rights, David Ingram
David Ingram
In this paper I argue that the discourse theoretic account of human rights defended by Jürgen Habermas contains a fruitful tension that is obscured by its dominant tendency to identify rights with legal claims. This weakness in Habermas’s account becomes manifest when we examine how sweatshops diminish the secure enjoyment of subsistence, which Habermas himself (in recognition of the UDHR) recognizes as a human right. Discourse theories of human rights are unique in tying the legitimacy of human rights to democratic deliberation and consensus. So construed, their specific meaning and force is the outcome of historical political struggle. However, unlike …
U.S.-Latin American Free Trade Agreements And Access To Medicine, Dominique Lochridge-Gonzales
U.S.-Latin American Free Trade Agreements And Access To Medicine, Dominique Lochridge-Gonzales
Dominique Lochridge-Gonzales
U.S.-Latin American Free Trade Agreements and Access to Medicine analyzes the effects of FTA provisions on access to medicine. Access to medicine lies at the heart of the crossroads between the international human right to health and international intellectual property law delineated in TRIPS. True availability of essential medicines to millions of people depends on a balance between the formations of these medicines in the first place (through rewarding innovation) and promulgating rules that allow for practicable access to those medicines. FTAs provide a method for implementing the right to health by fostering practicable access to essential medicines in the …