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Seven contemporary French political thinkers : considerations of individualism, humanism and value pluralismTownsend, John January 2001 (has links)
This thesis focuses upon a significant body of contemporary French political thought which takes as its starting point a contention that both the monist and doctrinaire political precepts dating from the Revolution and the consequent Hegelian, Marxist and structuralist thinking linked to these precepts have become anachronistic and hence have little relevance in present-day France. The originality of this doctoral thesis lies in the analysis of the work of seven political thinkers. All of these thinkers, recognizing a break in the continuity of French political thought consequent upon the claim of François Furet that the "Revolution is complete", have sought to rationalize and reconcile the values of individualism, humanism and modernity in contemporary France. In contrast to the political thinkers of the Sartrean generation, whose work took little account of the actual practice of politics, in the seven thinkers seek to relate the philosophical problems inherent in considerations of individual and communal rights and values to the present-day political environment. Each of the seven has sought to rationalize a political situation, novel in France, of an acceptance of the concept of agreeing to differ on matters of substance and of a recognition that a modern democratic state is heteronomous and may contain a substantial range of incommensurable values . This amounts to an acceptance of agonistic value pluralism, that is, of the idea of political conflict which is constructive (by contrast with the destructive conflict of revolutionary-inspired doctrines) and which leads to the evolution of arguments broadly acceptable to a majority in situations in which there is a clash of values. Thus the practice of politics has become a succession of endeavours to arrive at optimum solutions to conflictual problems, rather than a search after chimerical, maxirnalist answers . Each of the seven has sought to rationalize a political situation, novel in France, of an acceptance of the concept of agreeing to differ on matters of substance and of a recognition that a modern democratic state is heteronomous and may contain a substantial range of incommensurable values. This amounts to an acceptance of agonistic value pluralism, that is, of the idea of political conflict which is constructive (by contrast with the destructive conflict of revolutionary-inspired doctrines) and which leads to the evolution of arguments broadly acceptable to a majority in situations in which there is a clash of values. Thus the practice of politics has become a succession of endeavours to arrive at optimum solutions to conflictual problems, rather than a search after chimerical, maxirnalist answers.
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The recognition and implementation of children's socio-economic rights in Ethiopian law / Abreham Behailu GebreamanuelGebreamanuel, Abreham Behailu January 2014 (has links)
This research examines the current recognition and implementation of children’s socio-economic rights in Ethiopian law. Ethiopia has ratified international instruments of children’s rights, to wit, the Convention on the Rights of the Child and the International Convention on Economic, Social, and Cultural Rights as well as regional instruments such as the African Charter on the Rights and Welfare of the Child and these instruments are made to be part of the Ethiopian law. However, there is neither a translation nor publication of these instruments and these facts obstruct their implementation, as the working language of domestic courts is different from the language of the instruments. Ethiopia also does not incorporate children’s socio-economic rights in its Constitution. Neither does it have separate legislation on children’s rights.
Despite the commitment shown by its ratification of international children’s rights instruments, Ethiopia has not yet done anything meaningful towards the realisation of children’s socio-economic rights. Mere ratification of international instruments cannot rectify the lifelong hardship of Ethiopian children without actual implementation. Hence, this dissertation discusses the incorporation of children’s socio-economic rights in the Federal Democratic Republic of Ethiopia’s Constitution, domestication of international children’s rights instruments and the lack of a separate act outlining children’s rights in the Ethiopian legal system in order to establish why current child law in Ethiopia does not solve the suffering of Ethiopian children.
The current reality with regard to children’s socio-economic rights in Ethiopia is not an insurmountable hurdle. This dissertation recommends translation into the domestic working language of Ethiopian courts and publication of international children’s rights instruments in order to ease the problem regarding awareness of the laws, as well as their status and validity. Ethiopia could enact a separate act for children’s rights, as well as enshrine the socio-economic entitlements of children in its Constitution. The South African experience is also worthy of consideration. Ethiopian courts should interpret domesticated international instruments by relying on the FDRE Constitution as a legal ground. / LLM (Comparative Child Law), North-West University, Potchefstroom Campus, 2014
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The recognition and implementation of children's socio-economic rights in Ethiopian law / Abreham Behailu GebreamanuelGebreamanuel, Abreham Behailu January 2014 (has links)
This research examines the current recognition and implementation of children’s socio-economic rights in Ethiopian law. Ethiopia has ratified international instruments of children’s rights, to wit, the Convention on the Rights of the Child and the International Convention on Economic, Social, and Cultural Rights as well as regional instruments such as the African Charter on the Rights and Welfare of the Child and these instruments are made to be part of the Ethiopian law. However, there is neither a translation nor publication of these instruments and these facts obstruct their implementation, as the working language of domestic courts is different from the language of the instruments. Ethiopia also does not incorporate children’s socio-economic rights in its Constitution. Neither does it have separate legislation on children’s rights.
Despite the commitment shown by its ratification of international children’s rights instruments, Ethiopia has not yet done anything meaningful towards the realisation of children’s socio-economic rights. Mere ratification of international instruments cannot rectify the lifelong hardship of Ethiopian children without actual implementation. Hence, this dissertation discusses the incorporation of children’s socio-economic rights in the Federal Democratic Republic of Ethiopia’s Constitution, domestication of international children’s rights instruments and the lack of a separate act outlining children’s rights in the Ethiopian legal system in order to establish why current child law in Ethiopia does not solve the suffering of Ethiopian children.
The current reality with regard to children’s socio-economic rights in Ethiopia is not an insurmountable hurdle. This dissertation recommends translation into the domestic working language of Ethiopian courts and publication of international children’s rights instruments in order to ease the problem regarding awareness of the laws, as well as their status and validity. Ethiopia could enact a separate act for children’s rights, as well as enshrine the socio-economic entitlements of children in its Constitution. The South African experience is also worthy of consideration. Ethiopian courts should interpret domesticated international instruments by relying on the FDRE Constitution as a legal ground. / LLM (Comparative Child Law), North-West University, Potchefstroom Campus, 2014
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