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Journal articles on the topic 'Rights and duties of the partners'

Author: Grafiati

Published: 4 June 2021

Last updated: 1 February 2022

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1

Bonthuys, Elsje. "A Duty of Support for All South African Unmarried Intimate Partners Part I." Potchefstroom Electronic Law Journal 21 (October 30, 2018): 1–32. http://dx.doi.org/10.17159/1727-3781/2018/v21i0a4410.

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The democratic Constitutional dispensation has led to the gradual extension of spousal duties of support to unmarried couples who hitherto could not legally claim support from their partners or from third parties who had unlawfully caused the death of their partners. The new recipients of rights to support can be divided into three groups: wives in Muslim religious marriages, partners in same-sex intimate relationships and unmarried opposite sex cohabitants whose relationships closely resemble civil marriage in both form and function. However, certain distinctive features of customary marriage, the continuing consequences of apartheid policies for African families and certain distinctive patrilineal features of traditional African families have largely excluded African women – who constitute the largest and most economically vulnerable group of women – from the benefits of these developments. Part one of this two-part article analyses the trajectory of the developing right to support intimate partnerships which appears to be based either on marriage (in the case of Muslim marriages) or similarity to marriage, including monogamy and permanent co-residence in the case of same-sex and opposite sex partners. This leaves no room to extend rights to unmarried intimate partners whose relationships do not fit the template of civil marriage, and, in particular, excludes many disadvantaged African women from obtaining legal rights to support from their relationships.

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Haji Mohiddin, Mas Nooraini, Zuhairah Ariff Abdul Ghadas, and Nazri Ramli. "DEVELOPING SHARIAH COMPLIANT CORPORATION: AN APPRAISAL ON THE RIGHTS AND LIABILITIES OF MEMBERS UNDER THE MALAYSIA LAW AND SHARIAH." Journal of Nusantara Studies (JONUS) 6, no. 1 (January 28, 2021): 59–72. http://dx.doi.org/10.24200/jonus.vol6iss1pp59-72.

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Shareholders are members of a company through share capital ownership. They proclaim themselves as “owners” although they have no direct involvement in business management which is wholly vested in the board of directors. In Malaysia, shareholders merely receive bundles of right in the company as prescribed under the Companies Act 2016. Due to the separate legal existence of a company, they are not liable for the company’s debts and liabilities. Contrarily, under Shariah, musharakah is a partnership agreement between individual partners for participation in capital and profits. It essentially regards them as the joint owners of musharakah, treating their existence inseparable from this business entity. The partners collectively share mutual rights and duties in the musharakah business according to their contractual agreement which makes them jointly liable for any liabilities incurred by the musharakah. This article discusses the rights and liabilities of members of a company under Malaysia Law and Shariah. It highlights the substantial distinctions between the shareholders’ rights and liabilities under the Companies Act 2016 and those of partners under musharakah. This article argues that an inculcation of Shariah principles of musharakah into the current legal structure of corporation is needed so that the Shariah-compliant status is always maintained. Keywords: Company, Malaysia, members’ rights and liabilities, Musharakah, rights and liabilities in Musharakah, separate legal entity. Cite as: Haji Mohiddin, M. N., Abdul Ghadas, Z. A., & Ramli, N. (2021). Developing shariah compliant corporation: An appraisal on the rights and liabilities of members under the Malaysia law and shariah. Journal of Nusantara Studies, 6(1), 59-72. http://dx.doi.org/10.24200/jonus.vol6iss1pp59-72

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Wibowo, Much Ilham Novalisa Aji. "Pemberdayaan Anggota Ranting Aisyiyah Grendeng dalam Identifikasi Keamanan Jamu Tradisional Instan." Jurnal Pengabdian Pada Masyarakat 4, no. 2 (August 20, 2019): 137–44. http://dx.doi.org/10.30653/002.201942.165.

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EMPOWERMENT OF AISYIYAH BRANCH MEMBERS OF GRENDENG IN THE IDENTIFICATION OF INSTANT TRADITIONAL HERBAL MEDICINE SECURITY. Drug chemicals are still found in some instant powder herbal products even though BPOM has carried out its supervisory duties. The drug chemicals in instant herbal mixtures are selling points for unscrupulous manufacturers of traditional medicines because they offer an instant effect over claims of synthetic chemical drugs. The harmful effects of consuming traditional medicines containing medicinal chemicals are felt after 5 to 10 years later with the emergence of various disease conditions resulting from the addition of medicinal chemicals to herbal medicine. One effort to suppress the circulation of herbal medicine with drug chemical is to increase public knowledge in various ways. The activity is an effort to empower the community in identifying safe and legal Instant Traditional Herbal Medicine. Empowerment activities in this service activity are carried out in 5 stages with three main stages, namely the first lecture, which aims to increase public awareness and alertness about Jamu. The second activity is Group Teaching to add knowledge and information intensively in small groups. The third activity is Self Empowering in order to increase the independence of the community to solve the security problems of Traditional Herbal Medicine through training and peer teaching. The science and technology application program for the community can significantly improve partner knowledge based on the Paired T-test statistical test (P < 0.05). It can be concluded that after IbM activities, partners can choose excellent and right herbs based on the provisions of BPOM RI. Partners can distinguish herbal products, standardized herbal medicines, and phytopharmaca. Partners can find out how to use good and right herbs. Knowledge of partners after this activity increased significantly (P < 0.05) from the knowledge category to less good knowledge.

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Mackenzie, Robin. "Sexbots." International Journal of Technoethics 9, no. 1 (January 2018): 1–17. http://dx.doi.org/10.4018/ijt.2018010101.

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This article describes how sexbots: sentient, self-aware, feeling artificial moral agents created soon as customised potential sexual/intimate partners provoke crucial questions for technoethics. Coeckelbergh's model of human/robotic relations as co-evolving to their mutual benefit through mutual vulnerability is applied to sexbots. As sexbots have a sustainable claim to moral standing, benefits and vulnerabilities inherent in human/sexbots relations must be identified and addressed for both parties. Humans' and sexbots' vulnerabilities are explored, drawing on the philosophy and social science of dehumanisation and inclusion/exclusion. This article argues humans as creators owe a duty of care to sentient beings they create. Responsible innovation practices involving stakeholders debating ethicolegal conundrums pertaining to human duties to sexbots, and sexbots' putative interests, rights and responsibilities are essential. These validate the legal recognition of sexbots, the protection of their interests through regulatory oversight and ethical limitations on customisation which must be put in place.

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5

Kovaček-Stanić, Gordana. "Joint exercise of parental right." Glasnik Advokatske komore Vojvodine 78, no. 9 (2006): 32–45. http://dx.doi.org/10.5937/gakv0602032k.

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The joint exercise of parental right was introduced as a form of custody also in situations in which a traditional form of custody meant exercise of parental right by one parent. This concept strives to differentiate the relationship between parents from the relationship between spouses (common law partners) by, from the legal point of view, preserving the relationship between parents and the child the same or at least similar in case marital relationship changes, having regard to the fact that parental rights and duties do not cease with the divorce and that a child needs both parents for his/her development. Serbian Family Act 2005 has for the first time introduced a possibility of joint exercise of parental right even in case when parents do not live together (Article 75/2). Since this form of custody is a novelty in the Serbian family law, Serbian Family Act provides that agreement between the parents is a necessary precondition for this form of parental care. Beside parents and the court, the child has a very important role in the decision-making concerning his/her custody in case parents do not live together. In the comparative law, joint custody is being part of the evolutional progress. At the time when this concept was introduced, agreement between parents was a precondition for the joint custody. Today, many legal systems do not consider parental agreement on joint custody as a precondition for this form of custody after divorce.

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6

Kume, Andon. "Comparative Analyze on the Legal Solution Relevant to Status of Teachers in Albania." European Journal of Education and Pedagogy 2, no. 3 (July 15, 2021): 118–22. http://dx.doi.org/10.24018/ejedu.2021.2.3.121.

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Legislative reforms in the pre-university education system in Albania have paid special attention to addressing issues related to teacher status. In law no.69 / 2012, "On the pre-university education system in the Republic of Albania", these issues are treated in accordance with the requirements of International Labor Conventions, the Labor Code of the Republic of Albania and law No. 10171, dated 22.10. 2009 "On regulated professions in the Republic of Albania" amended. The law defines the teacher as the central figure of the school. In accordance with the recommendations of the ILO and UNESCO for the status of teachers, the Albanian law guarantees contemporary standards at every stage of the process for gaining and practicing the profession, for continuous professional preparation, scientific qualification, and career. The treatment of labor relations, relations with the social partners, with the associations and the community of parents and students, the definition of their rights and duties, salaries and rewards are components of the status of a teacher. The status of teachers reflects the social and economic conditions of the country, work culture and community traditions. The law treats teacher status as a key factor in developing the profile of a teacher capable of preparing the future citizens of an open and global society. The professional and academic freedom of the teacher is considered as an essential element of his status. Creating conditions for the exercise of civil rights related to the teaching profession, the right to participate in social and public life and to organize in trade unions are legislative achievements in line with EU standards and the requirements of international documents.

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7

Peart, Nicola. "New Zealand's Succession Law: Subverting Reasonable Expectations." Common Law World Review 37, no. 4 (December 2008): 356–79. http://dx.doi.org/10.1350/clwr.2008.37.4.0178.

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Succession law in New Zealand has been widely criticized for many years as being incoherent and unprincipled both in regard to its approach to property entitlements for spouses and unmarried partners and in its liberal approach to support claims under the Family Protection Act 1955. Although testamentary freedom was said to apply in New Zealand, the reality was rather different. The Wills Act 1837 was also seen as unnecessarily defeating testamentary intentions. Based on research indicating strong support for testamentary freedom and widespread objections to testators' lack of autonomy, the New Zealand Law Commission recommended radically reforming the law to give better effect to testamentary wishes subject to limitations that were coherent, principled and in line with rights and duties during a testator's lifetime. Parliament largely ignored those recommendations. Between 2001 and 2007, it reformed several statutes affecting succession law, but it did so in piecemeal fashion. Succession law was not viewed holistically and fundamental concerns about ill-defined and unprincipled limits on testamentary freedom were not addressed. The reforms were driven by conflicting policies. While the new Wills Act 2007 is intended to give better effect to testamentary wishes, that aim is frustrated by the enhanced property entitlements of surviving spouses and unmarried partners provided by the Property (Relationships) Amendment Act 2001 and Parliament's failure to curb the liberal approach to support claims under the Family Protection Act. As a result, there is now a greater likelihood than before that testamentary wishes will be undermined and reasonable expectations of testators and their beneficiaries subverted.

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8

Parkinson, Patrick. "Constitutional Law and the Limits of Discretion in Family Property Law." Federal Law Review 44, no. 1 (March 2016): 49–75. http://dx.doi.org/10.1177/0067205x1604400103.

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The argument of this Article is that the width of discretion that trial judges have to alter property rights under the Family Law Act 1975 (Cth) (‘the Act’) has been overstated. The property aspects of the Act can only be valid to the extent to which the law is an appropriate application of the marriage and divorce powers in the Constitution or is within the boundaries of the States’ reference of powers about de facto relationships. These constitutional provisions place significant constraints upon judicial discretion. In relation to marriages, the need to adjust property rights must result from the circumstances of the marital relationship or be justified as a consequence of the financial impact upon a party of its breakdown. The authority of Parliament to make laws concerning the alteration of the property rights of de facto partners is limited to cases of relationship breakdown. Furthermore, the Family Court of Australia and the Federal Circuit Court of Australia are both Chapter III courts. That has implications for the kind of discretion that Parliament can lawfully confer upon the trial judge, and the limits of that discretion. Some recent dicta and decisions of the Full Court of the Court suggest a view of judicial discretion which, it is argued, is inconsistent with the nature of judicial power in a Chapter III court. The discretion of trial judges is fettered by three duties: The duty to follow the interpretation of the Act as established authoritatively by appellate decisions, taking account of guidelines in appellate judgments; the duty to give reasons that explain the outcome of the case, and in particular, to justify the alteration of legal and equitable interests in specific items of property; and the duty to avoid arbitrary and capricious decision-making. The current jurisprudence on family property law is not necessarily consistent with these constitutional limitations.

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9

Kruse, Timothy A. "Minority shareholder treatment surrounding the Dell MBO." Managerial Finance 47, no. 8 (March 12, 2021): 1077–93. http://dx.doi.org/10.1108/mf-09-2019-0480.

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PurposeThis paper is a clinical examination of the October 2013 Management Buyout of Dell Inc. by founder Michael Dell and Silver Lake Partners for a total consideration of $13.88 per share. The proposed transaction was targeted by shareholders unhappy with the deal price and voting framework. Various shareholders went on to file an appraisal suit. Examining these events yields insights into shareholder rights issues in a major transaction.Design/methodology/approachThe paper examines events surrounding the acquisition including the negotiation process, go-shop period, shareholder activist demands for a higher price, shareholder voting and the subsequent appraisal trial and appeal.FindingsDespite suggesting Dell's board fulfilled its fiduciary duties, Delaware Vice Chancellor Travis Laster awarded petitioning shareholders $17.62 per share, a 27% premium to the final deal consideration. This article draws on Laster's decision and research examining topics raised by the surrounding events to argue minority shareholder interests were not sufficiently protected.Research limitations/implicationsThe Dell transaction represents only one data point. Moreover, Vice Chancellor Laster's decision was reversed on appeal.Originality/valueNevertheless, the paper discusses the nuances surrounding many issues of interest to practitioners involving large going private transactions. It could also be used to illustrate many “real world” perspectives in an advanced corporate finance or mergers and acquisitions class.

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10

Herawati, Aty. "STRATEGY TRAINING FOR MANAGING COOPERATIVE FINANCE IN SOUTH MERUYA VILLAGE." ICCD 2, no. 1 (November 28, 2019): 512–16. http://dx.doi.org/10.33068/iccd.vol2.iss1.255.

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This training is an activity related to the economic empowerment of the community through cooperatives in partner villages. In order to support community economic empowerment, the counseling and training on managing business units in the scope of cooperatives is very precise. Cooperatives can be interpreted as a business entity that has members in which each member has the duties and responsibilities. Each member has the same voting rights in every decision to be taken. The cooperative financial management is very important in the management of cooperatives. How to manage finances on a cooperative will be delivered to this training. Therefore, this activity will give mentoring and training to the managers of cooperatives in particular and the general public so that the partner will be able to implement in the activities of managing the cooperative finances. The expected outcomes from this activity are: (1) Knowledge development in managing the finance of cooperatives in South Meruya village. (2) The formation of social groups concerned to develop cooperatives in South Meruya village.

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11

Farid Ahmed Ghaly, Mona Mahmod. "عمل المرأة المسلمة وآثاره على الأسرة والمجتمع، وأثره على أحقيتها في المال المشترك." Journal of Fatwa Management and Research 24, no. 2 (April 30, 2021): 2189–245. http://dx.doi.org/10.33102/jfatwa.vol24no2.357.

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This research deals with the work of the Muslim wife, and the consequent disagreement between the spouses regarding it and the salary of the wife, and her entitlement to the joint money. This is because there is an urgent need at this time to rooting the saying about this issue, given the rapid developments that characterize this age. As the current life has made the exit of women to work essential in light of complex social and economic conditions, this issue has become one of the most serious issues that cause conflict and discord between spouses. The research uncovered the origin of marital disputes that may occur due to the wife's work and salary, and the money earned during marriage, and I followed the comparative analytical inductive approach in it. She divided it into an introduction, a preface - in which it clarified the objectives of Islamic law in marriage - and three topics: the first presented the rights and duties of the spouses, while the second came to explain the impact of a woman’s work on the family and society, then she allocated the third to the effect of her work on her entitlement to joint money. The research concluded that knowing the two parties to the marital relationship of each of their rights and duties works to stabilize the spouses, and defuse the discord and conflict between them. Women and men are partners in the architecture of human life and succession on earth. The woman is the basis of the family, the family is the most important human institution, and the good of society is subordinate to the good of the family. The more a society is based on respect and appreciation for women, the easier it will be in establishing their rights and the further from harming them. Good cohabitation requires that the wife not do anything except with the consent of her husband, and on top of those matters is her going out to work. The development occurred - negatively or positively - in Muslim societies led to the mixing of the spouses' money. The wife's contribution to her financial and intangible effort is the motivation behind establishing her share in the joint money. Therefore, the researcher recommends that the work be undertaken to restore the correct religious concepts to society, as the man learns fatherly experiences and the experiences of living within the family, and Islam's honor to women in order to eliminate the tendencies to reduce them and their humanitarian work. Women are made aware that work is not limited to material work with pay only, and that motherhood is the ultimate in work. Limiting the issuance of public fatwas regarding the wife’s work and salary, and looking at the outcome of judgments, and the purposes of Sharia when issuing a fatwa in which no Sharia text is mentioned. Fiqh councils and the role of fatwas should bring the reality on the table to research and fatwa. The use of reason and not rigidity on the rulings decided by our venerable jurists, as long as it does not deny an opinion on the subject of Ijtihad.

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12

Fisher, Helen E., Arthur Aron, and Lucy L. Brown. "Romantic love: a mammalian brain system for mate choice." Philosophical Transactions of the Royal Society B: Biological Sciences 361, no. 1476 (November 13, 2006): 2173–86. http://dx.doi.org/10.1098/rstb.2006.1938.

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Mammals and birds regularly express mate preferences and make mate choices. Data on mate choice among mammals suggest that this behavioural ‘attraction system’ is associated with dopaminergic reward pathways in the brain. It has been proposed that intense romantic love, a human cross-cultural universal, is a developed form of this attraction system. To begin to determine the neural mechanisms associated with romantic attraction in humans, we used functional magnetic resonance imaging (fMRI) to study 17 people who were intensely ‘in love’. Activation specific to the beloved occurred in the brainstem right ventral tegmental area and right postero-dorsal body of the caudate nucleus. These and other results suggest that dopaminergic reward and motivation pathways contribute to aspects of romantic love. We also used fMRI to study 15 men and women who had just been rejected in love. Preliminary analysis showed activity specific to the beloved in related regions of the reward system associated with monetary gambling for uncertain large gains and losses, and in regions of the lateral orbitofrontal cortex associated with theory of mind, obsessive/compulsive behaviours and controlling anger. These data contribute to our view that romantic love is one of the three primary brain systems that evolved in avian and mammalian species to direct reproduction. The sex drive evolved to motivate individuals to seek a range of mating partners; attraction evolved to motivate individuals to prefer and pursue specific partners; and attachment evolved to motivate individuals to remain together long enough to complete species-specific parenting duties. These three behavioural repertoires appear to be based on brain systems that are largely distinct yet interrelated, and they interact in specific ways to orchestrate reproduction, using both hormones and monoamines. Romantic attraction in humans and its antecedent in other mammalian species play a primary role: this neural mechanism motivates individuals to focus their courtship energy on specific others, thereby conserving valuable time and metabolic energy, and facilitating mate choice.

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13

GEWIRTH, ALAN. "Rights and Duties." Mind XCVII, no. 387 (1988): 441–45. http://dx.doi.org/10.1093/mind/xcvii.387.441.

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Hammarberg, Thomas. "Human Rights and Duties." Media Asia 25, no. 4 (January 1998): 186–87. http://dx.doi.org/10.1080/01296612.1998.11726565.

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15

Burgess-Jackson, Keith. "DUTIES, RIGHTS, AND CHARITY." Journal of Social Philosophy 18, no. 3 (September 1987): 3–12. http://dx.doi.org/10.1111/j.1467-9833.1987.tb00139.x.

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16

Cruft, Rowan. "WHY AREN'T DUTIES RIGHTS?" Philosophical Quarterly 56, no. 223 (April 2006): 175–92. http://dx.doi.org/10.1111/j.1467-9213.2006.00436.x.

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17

Wellman, Carl. "Offices, duties & rights." Journal of Value Inquiry 22, no. 3 (July 1988): 183–92. http://dx.doi.org/10.1007/bf00209381.

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18

Attwood, Bain. "Rights, Duties and Aboriginal People." Australian Journal of Politics & History 66, no. 4 (November 26, 2020): 543–59. http://dx.doi.org/10.1111/ajph.12703.

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19

Nyirenda, Vitumbiko. "Rights and Duties in Menkiti." Theoria 66, no. 159 (July 1, 2019): 155–65. http://dx.doi.org/10.3167/th.2019.6615909.

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Dennis Masaka argues that individuals have rights outside those conferred by the community. The argument is a critique to Ifeanyi Menkiti’s view of personhood. He argues that Menkiti uses the word person and personhood as synonymous. Masaka makes a distinction between the two, where person is an ontological concept, and personhood is a normative concept. For Masaka, individuals have rights by virtue of being persons and not personhood. My approach to the paper is therapeutic. I argue that Masaka misinterprets Menkiti’s views. I argue that Menkiti does not allocate rights in his idea of personhood and as something conferred by the community as proposed by Masaka. This implies that Masaka’s view is not radically different from Menkiti’s.

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20

Bukraba-Rylska, Izabella. "Humanities: their Rights and Duties." Artes Humanae 1 (May 24, 2016): 15. http://dx.doi.org/10.17951/arte.2016.1.0.15.

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21

Paz-Fuchs, Amir. "Rights, Duties and Conditioning Welfare." Canadian Journal of Law & Jurisprudence 21, no. 1 (January 2008): 175–98. http://dx.doi.org/10.1017/s0841820900004379.

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Somewhere between welfare to work policy and the jurisprudential analysis of rights and duties lies the third way motto of ‘no rights without responsibilities’. This paper shows how this proclamation offers no less than a new construction of one’s rights insofar as theydependon the obligations that he or she owes society. Investigating this new formulation through the established perspectives of the Interest (or Benefit) Theory and the Choice (or Will) theory sheds light on the jurisprudential background of this move, and its possible consequences. The paper then moves to describe the concrete impact that this theoretical reconstruction has on provisions embedded in welfare to work programs, and suggests that this may serve a pilot for a more comprehensive, and thus problematic, social policy. In the final section of the paper, the doctrine of ’unconstitutional conditions’ is revisited and improved in a way that, if accepted, may bar governments from diluting rights of disadvantaged groups and endangering them into becoming ‘illusory’.

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Okoli, Pontian N. "Rights and duties of directors." Commonwealth Law Bulletin 39, no. 1 (March 2013): 235–38. http://dx.doi.org/10.1080/03050718.2012.748257.

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Halpin, Andrew. "RIGHTS, DUTIES, LIABILITIES, AND HOHFELD." Legal Theory 13, no. 1 (March 2007): 23–39. http://dx.doi.org/10.1017/s1352325207070036.

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This article engages with Jaffey's recent contribution on the nature of no-prior-duty remedial obligations. Jaffey's use of a right-liability relation and his challenge to Hohfeld's analytical scheme are rejected as unsound. An alternative model distinguishing three pathways to account for remedial obligations and other legal consequences is proposed. This draws on the Hohfeldian scheme but extends it to permit the full expression of reflexive liabilities, mutually correlative liabilities, and the operation of nonhuman conditions. The proposed approach also recognizes a weaker form of a Hohfeldian power, which is required in considering the way that the law deals with the allocation and realization of risk.

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Goodin, Robert E. "Property rights and preservationist duties." Inquiry 33, no. 4 (January 1990): 401–32. http://dx.doi.org/10.1080/00201749008602232.

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Steiner, Hillel. "Directed Duties and Inalienable Rights." Ethics 123, no. 2 (January 2013): 230–44. http://dx.doi.org/10.1086/668708.

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Roberts, Christopher N. J. "Human Rights and Sociological Duties." Sociological Forum 32, no. 1 (August 26, 2016): 213–16. http://dx.doi.org/10.1111/socf.12301.

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Pierce, Robin. "Imperfection: Rights, Duties, and Obligations." AJOB Neuroscience 1, no. 3 (June 14, 2010): 39–41. http://dx.doi.org/10.1080/21507740.2010.485267.

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Pogge, Thomas. "O’neill on Rights and Duties." Grazer Philosophische Studien 43, no. 1 (September 6, 1992): 233–47. http://dx.doi.org/10.1163/18756735-04301014.

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Cruft, Rowan. "Human Rights and Positive Duties." Ethics & International Affairs 19, no. 1 (March 2005): 29–37. http://dx.doi.org/10.1111/j.1747-7093.2005.tb00487.x.

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In World Poverty and Human Rights, Thomas Pogge presents a range of attractive policy proposals—limiting the international resource and borrowing privileges, decentralizing sovereignty, and introducing a “global resources dividend”—aimed at remedying the poverty and suffering generated by the global economic order. These proposals could be motivated as a response to positive duties to assist the global poor, or they could be justified on consequentialist grounds as likely to promote collective welfare. Perhaps they could even be justified on virtue-theoretic grounds as proposals that a just or benevolent person would endorse. But Pogge presents them as a response to the violation of negative duties; this makes the need for such remedial policies especially morally urgent—on a par with the obligations of killers to take measures to stop killing.In this essay, I focus on the claim that responsibility for world poverty should be conceived in terms of a violation of negative duties. I follow Pogge in distinguishing two questions (p. 134): What kind of duties (positive or purely negative?) would we be subject to in a just global society where everyone fulfilled their duty and there was no significant risk of injustice? And what kind of duties (positive or purely negative?) do we face given that our global society falls short of the just society?I tackle these questions in reverse order below. I argue, in contrast to Pogge, that positive duties are relevant to our answers to both questions.

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O'Connell, Rory. "Human Rights Transformed: Positive Rights and Positive Duties." International Journal on Minority and Group Rights 16, no. 3 (2009): 506–10. http://dx.doi.org/10.1163/138819009x12474964944674.

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Knox, John H. "Horizontal Human Rights Law." American Journal of International Law 102, no. 1 (January 2008): 1–47. http://dx.doi.org/10.1017/s0002930000039828.

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What duties, if any, does international human rights law establish for individuals, corporations, and other private actors? For many years, the conventional answer has been that it places duties on states to respect the rights of individuals and creates few or no private duties. In other words, human rights law is aligned vertically, not horizontally. But that view has regularly been challenged. Most recently, in 2003, the United Nations Commission on Human Rights (Commission), historically the most important incubator of human rights agreements, received two proposed instruments that might appear to realign human rights law horizontally: private actors would have duties as well as rights, and they would owe those duties to society as a whole or to individuals within it. The draft Declaration on Human Social Responsibilities (Declaration) would identify duties that all individuals owe to their societies; and the Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights (draft Norms) would set out duties of businesses under human rights law. The Human Rights Commission did not embrace the proposals before its replacement by the Human Rights Council in 2006, and the Council has not considered them. Both received some support, however, and it seems likely that their proponents will continue to pursue adoption of their principles in one form or another. This article argues that if adopted, those principles would cause serious damage to human rights law.

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Mouhanna, Christian. "Local governance in the centralized French system of policing: From co-production to conflict of legitimacy." European Journal of Criminology 16, no. 5 (June 21, 2019): 534–51. http://dx.doi.org/10.1177/1477370819856523.

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This article deals with the complex aspect of French public safety policies and offers a big-picture view of the factors that impact both their design and their implementation processes. Indeed, many players are involved in their development: city mayors and local police forces when they exist, but also local agents of the national police forces who have the main responsibilities in this field, and the Public Prosecutor. Whereas cooperation between national police forces and local authorities is statutory and needed in order to address safety issues, conflicts and tensions are not rare. Each stakeholder pursues their own objectives: mayors are seeking public support and try to meet local expectations, while national police chiefs favour priorities set by the Ministry of Home Affairs. Far from following only a rational choice process, the implementation of local safety policy results from power relationships and the position of each player in the game. To gain the upper hand over a partner, a stakeholder can rely on material resources but also on the control of information about security issues, knowledge and expertise in this field, and its legitimacy among the public. In the French case, two forms of legitimacy are in conflict as far as security policy is concerned. If mayors base their arguments on their status conferred by a democratic election, the police chiefs use the fact that they belong to a national service based on a principle of equality – even if it is not applied: every citizen has the same rights and duties, and is subjected to national policies. Because the French Republic does not recognize communities and local peculiarities, institutions tend to favour their own positions rather than dealing concretely with the safety issues.

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SJÖBERG, OLA. "Paying for Social Rights." Journal of Social Policy 28, no. 2 (April 1999): 275–97. http://dx.doi.org/10.1017/s0047279498005571.

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The expansion of ‘social duties’ has been a prominent feature in the development of social policy and the welfare state. Drawing on unique time-series data in the database of SCIP (Social Citizenship Indicators Project), this article describes and analyses the development of ‘social duties’, primarily in the form of taxes and social insurance contributions, in eighteen countries from 1930 to 1990. In focus are the institutional and longitudinal variation in the increase and change in these duties and how they have been distributed among employers, the insured and state authorities.

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Shaykenova, Zhadra. "Gender Inequality in the Distribution of Household Duties." Moscow University Economics Bulletin 2019, no. 2 (April 30, 2019): 158–86. http://dx.doi.org/10.38050/01300105201929.

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This article is devoted to the study of factors that affect inequality in the housekeeping time allocation among partners in Russia (without considering the time spent on caring for household members). To identify inequality factors, we used nonparametric methods of statistical analysis. Based on data from Selective supervision of use of daily fund of time by the population, we checked the influence of several respondents’ characteristics and characteristics of the households, which respondents are a part of, on the distribution of household duties between partners. The work on the basis of empirical data confirmed a number of hypotheses, in particular, it was shown that there is a significant relationship between the distribution of household responsibilities between partners and the age of each of the partners, self- assessment of partners’ health status, employment status, self-assessment of the financial status of the household, the number of children and their health condition. It should be noted that, according to our estimates, the difference in the time spent by partners is also influenced by the level of education of male partners, while the level of education of female partners does not have a significant effect. In addition, we did not reveal a clear relationship between the dynamics of the indicator we are interested in and the difference in the age of partners, the presence of chronic diseases or disabilities among respondents, marital status, and working conditions.

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Besson, Samantha. "THE BEARERS OF HUMAN RIGHTS’ DUTIES AND RESPONSIBILITIES FOR HUMAN RIGHTS: A QUIET (R)EVOLUTION?" Social Philosophy and Policy 32, no. 1 (2015): 244–68. http://dx.doi.org/10.1017/s0265052515000151.

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Abstract:Recent years have seen an increase of interest on the part of human rights theorists in the “supply-side” of human rights, i.e., in the duties or obligations correlative to human rights. Nevertheless, faced with the practically urgent and seemingly simple question of who owes the duties related to international human rights, few human rights theorists provide an elaborate answer. While some make a point of fitting the human rights practice and hence regard states as the sole human rights duty-bearers merely by referring to that practice, others criticize the “state-centric” approach to human rights duty-bearers and expand the scope of the latter to include any international institution beyond the state and even private actors. Curiously, however, even those more expansive accounts of human rights duty-bearers are usually very evasive about why it should be so and especially how it should work. The time has come to broach anew the issue of the bearers of human rights duties, and responsibilities of international institutions in human rights theory, addressing two challenges: focusing on relational and directed human rights duties specifically and not on duties of global justice in general, thereby distinguishing between human rights duty-bearers and other bearers of responsibilities for human rights, on the one hand, and accounting for and justifying the point of international human rights law and practice in this respect, thereby also securing internal arguments for reform, on the other. The essay’s argument is four-pronged. It starts with a few reminders about the relational nature of human rights and the relationship between human rights and duties and what this means for the specification of human rights duties. It then focuses more specifically on the identification of human rights duty-bearers, i.e., states and international institutions of jurisdiction like the European Union (EU), and the allocation of human rights duties to them. The third section of the article is devoted to the concurrent moral responsibilities for human rights that are incurred by other various responsibility-bearers outside institutions of jurisdiction. In the final section, the essay considers the (quiet) revolution potential of the EU’s fast-developing human rights’ duties, and discusses the normative implications of the development of universal international institutions’ human rights duties stricto sensu for international law and politics more generally.

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Passini, Stefano, and Francesca Emiliani. "Social Representations of Rights and Duties in Young Italians and Albanians." Swiss Journal of Psychology 68, no. 2 (January 2009): 89–98. http://dx.doi.org/10.1024/1421-0185.68.2.89.

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Rights and duties are normative social representations that organize social interactions. In this article, representations of rights and duties were analyzed in Italy and Albania, focusing on their social anchoring in culture and values. Italians underlined the priority of their individual rights over duties to others. Conversely, Albanians defined rights as focusing on the protection of fundamental individual freedoms and defined duties emphasizing the responsibilities of the individual and the family. The anchoring in value-types shows that people who attach importance to individualistic values conceived of rights in a self-centered manner, while those who attach importance to egalitarian values underscored their personal responsibilities in rights and duties.

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GOLDBERG, MICHAEL J. "DUTIES AND RESPONSIBILITIES;RIGHTS AND PRIVILEGES☆." Journal of Bone and Joint Surgery-American Volume 85, no. 5 (May 2003): 962–63. http://dx.doi.org/10.2106/00004623-200305000-00029.

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Dyshleva, Iryna. "Rights and Duties of Public Servants." Entrepreneurship, Economy and Law 6 (2019): 152–56. http://dx.doi.org/10.32849/2663-5313/2019.6.27.

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Ulriksen, Marianne S., and Sophie Plagerson. "Social Protection: Rethinking Rights and Duties." World Development 64 (December 2014): 755–65. http://dx.doi.org/10.1016/j.worlddev.2014.07.009.

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Simpson, J. Alastair D., and Brian J. Rowlands. "Trainees and Trainers: rights and duties." Surgery (Oxford) 26, no. 10 (October 2008): 417–18. http://dx.doi.org/10.1016/j.mpsur.2008.09.001.

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Emson, H. E. "Rights, Duties, and Limits of Autonomy." Cambridge Quarterly of Healthcare Ethics 4, no. 1 (1995): 6–11. http://dx.doi.org/10.1017/s0963180100005594.

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In the language of secular bioethics, autonomy is always accorded first place in the hierarchy of values that has come to be referred to as the “Georgetown mantra” A dictionary definition of mantra is “a verbal spell, ritualistic incantation, or mystic formula used devotionally,” and the value placed upon autonomy is largely of this nature: uncritical and uncriticised. That there should be and are limits to autonomy is obvious, but these boundaries are undefined, little discussed, and mostly unexplored. To use another metaphor, our emphasis on autonomy is an index of how far the pendulum has swung in an understandable and partly justifiable reaction from, earlier paternalism; has this swing approached its proper limit, and should we be seeking a less extreme and more balanced assessment of autonomy as a bioethical value?

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Fieser, James. "The Correlativity of Duties and Rights." International Journal of Applied Philosophy 7, no. 2 (1992): 1–7. http://dx.doi.org/10.5840/ijap19927218.

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Dretske, Fred. "Entitlement: Epistemic Rights without Epistemic Duties?" Philosophy and Phenomenological Research 60, no. 3 (May 2000): 591. http://dx.doi.org/10.2307/2653817.

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Vultee, Fred, and Lee Wilkins. "Duties, Rights and Election-Night Pizza." Journalism Studies 18, no. 1 (December 2016): 1–10. http://dx.doi.org/10.1080/1461670x.2016.1220745.

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Cohen, Andrew I. "Must Rights Impose Enforceable Positive Duties?" Journal of Social Philosophy 35, no. 2 (June 2004): 264–76. http://dx.doi.org/10.1111/j.1467-9833.2004.00231.x.

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Bell, Derek R. "Environmental Refugees: What Rights? Which Duties?" Res Publica 10, no. 2 (2004): 135–52. http://dx.doi.org/10.1023/b:resp.0000034638.18936.aa.

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Magnell, Thomas. "The Correlativity of Rights and Duties." Journal of Value Inquiry 45, no. 1 (March 2011): 1–12. http://dx.doi.org/10.1007/s10790-011-9266-0.

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Blegvad, Mogens. "Conflicts of Duties, Values and Rights." Danish Yearbook of Philosophy 23, no. 1 (August 20, 1986): 209–17. http://dx.doi.org/10.1163/24689300-02301011.

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CAPRIATI, MARINELLA. "The Universal Scope of Positive Duties Correlative to Human Rights." Utilitas 30, no. 3 (February 5, 2018): 355–78. http://dx.doi.org/10.1017/s0953820817000334.

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Negative duties are duties not to perform an action, while positive duties are duties to perform an action. This article focuses on the question of who holds the positive duties correlative to human rights. I start by outlining the Universal Scope Thesis, which holds that these duties fall on everyone. In its support, I present an argument by analogy: positive and negative duties correlative to human rights perform the same function; correlative negative duties are generally thought to be universal; by analogy, we have reason to think that positive duties are held by everyone. I then consider three disanalogies that challenge the above argument. To address these worries, I introduce the notion of ‘aggregative duties’ – duties that can only be adequately grasped when we focus on the aggregate effect of the actions and omissions of different agents. This framework allows me to refine the initial thesis and address the objections.

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Schweizer, Rainer J. "State Duties to Protect." European Journal of Risk Regulation 6, no. 2 (June 2015): 219–28. http://dx.doi.org/10.1017/s1867299x00004529.

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Most European countries’ constitutional obligations guarantee and protect public security and fundamental rights. One aspect and often a prerequisite for the protection of public security and individual rights is the protection of critical infrastructure (CIP). CIP is of great importance in Switzerland, which is inevitable in an economically and technologically sophisticated and densely populated country.

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