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How has the CPC maintained its organizational strength over time, especially during the period of economic reform? This chapter argues that the several important measures taken since the 1990s have reinforced the party as a strong organization. The personnel management reform since the 1990s has standardized the elite recruitment and provided a relatively fair channel of social mobility within the regime. The CPC has monopolized both the allocation of critical economic resources and appointments of key political, economic, and other societal offices through the Nomenklatura system, so that the party can distribute spoils of China’s economic growths to its key members and supporters in exchange of their loyalty. Since the beginning of Xi’s rule in 2012, the party has expanded the anticorruption and disciplinary body, committed more resources to campaigns of ideological indoctrination, increased the party’s involvement in daily policymaking and the private sector, and diversified channels of elite recruitment. These measures appear to have reinforced the party’s organizational capacity, but their long-term effects are yet to be assessed.
This chapter argues that Article 14(6) of the International Covenant on Civil and Political Rights (ICCPR) does not require proof of innocence. At the same time, it only requires compensation for some wrongful convictions and may require updating especially for false guilty pleas. International criminal courts have a potential to be hybrids of adversarial and inquisitorial systems that provide optimal protection against wrongful convictions. Unfortunately, this has often not been the case, raising the risk of false guilty pleas. Nevertheless, the International Criminal Court has made improvements compared to previous courts. Except in Australia, the right to appeal under Article 14(5) of the ICCPR is underdeveloped. South Africa’s approach to appeals is especially restrictive. Proposals to recognize a new international right to claim and prove innocence are critically examined. Article 9(5) provides a broad but often underenforced right to compensation for unlawful detention. Compensation should not, in accordance with international law remedial principles, be limited to monetary compensation. Compensation is not sufficient because it only subjects the human rights violated by miscarriages of justice to liability rules and does not ensure their non-repetition.
The chapter analyzes how the diasporic motif of the non-Jewish Other has been utilized in Hebrew literature in Israel over the last three decades. Notwithstanding a change in Jewish identity from a minoritarian to a majoritarian perspective, this motif continues to shape the contemporary Hebrew literary imagination. By pointing, among others, to the figure of the most important non-Jewish Other in Israeli reality – the Palestinian – this chapter will argue that this category, though obviously mediated by current Israeli circumstances, is indeed built on the foundation of the diasporic category of the “goy.” What does the ongoing vitality of this motif, despite the transformations of the twentieth and twenty-first centuries, tell us about the relationship between continuity and breakage in contemporary Hebrew literature and Israeli Jewish identity? By pointing to specific images present both in the pre-State Hebrew literary canon (e.g., texts by Hayim Nahman Bialik, Josef Hayim Brenner, and Shmuel Yosef Agnon) and in the Israeli literary mainstream of the last three decades (e.g., texts by Yehoshua Knaz, Dorit Rabinyan, and Sami Berdugo), this chapter will analyze the role of the non-Jewish Other for the projection of a Jewish Israeli national identity and its consequences.
This chapter examines the main challenges posed by remote working from the perspective of occupational health and safety protection. Methodologically, the chapter utilizes a multi-level perspective and also focuses on how the temporal and spatial breadth of remote work affect health and safety at work and its regulations. The chapter analyzes the problem of applying the current concepts of effective working time and rest time to the new activity times that arise in remote work. The study also examines the problems that arise regarding controlling and recording working time in remote work, as well as the legal limits of the new forms of control used by companies. The need to articulate specific forms of digital disconnection and to introduce online working time as a psychosocial risk factor is addressed. The chapter also examines the implications of remote work for the management of occupational risk prevention. In addition to how occupational risk prevention planning is carried out, special attention is paid to the new occupational risks that may appear in the digital sphere, such as cyber-bullying, but also the increase in more traditional psychosocial risks, and the difficulties that arise in achieving an effective assessment of these risks.
This chapter analyzes the impact of remittances – the money migrants living abroad send to their family members in the home country – on the survival of authoritarian regimes, particularly in developing countries where poor economic and political conditions lead people to exit en masse. Immigrants have remitted over $500 billion in the last decade, with much of the money flowing from high-income to low- and middle-income countries. In 2018 alone, officially tracked remittances to low- and middle-income countries reached $529 billion. The actual amount is probably more because much money is channeled via unofficial routes. Ethnographic data from family interviews shows that senders can bargain for or against political participation with their receivers. Parents of young adults were likely to discourage them from engaging in politics, fearing for their lives. Receivers could also opt out of political engagement because they did not see the government playing an essential role in their economic lives. Remittances also cushioned the government from possible voter protests and welfare demands.
Some teachers and teacher educators take on quite significant leadership roles, such as serving as a new president of a teacher association in Thailand, but all teachers exhibit leadership in some way. It may be relatively small-scale, such as attempting to decolonize the curriculum in one program in Colombia or establishing a collaborative teacher research group in a school in Botswana. Diverse teacher leadership possibilities such as these are represented in the cases in this chapter.
The chapter suggests that Kant’s relational account of legal obligation enables us to push the boundaries of non-positivism beyond any established legal practices. The first part fleshes out the demands of a radical version of non-positivism whose main characteristic is that it regards legal practices as non-necessary grounds of the demands of external freedom (legal obligations). The second part focuses on the use of Kant’s Universal Principle of Right (UPR) to underpin radical non-positivism. It proposes a relational reading of UPR according to which the independence of persons, as the central demand of external or juridical freedom, cannot be understood outside the relations of interdependence into which they enter in social life. In conclusion, the proposed reading of Kantian right complements and reinforces a radical version of non-positivism which places centre stage pre-institutional relations as foundational ingredients of the external freedom of persons (relations-first non-positivism). The key claim of the chapter is that Kantian right supports a relations-first account of legal obligation.
The notion of corporate success lies at the heart of directors’ duties in many corporate laws. Freedom of incorporation conferred considerable discretion on companies to determine the nature of their success and create financial value for their investors, subject to conforming with laws and regulation. However, this increasingly came into conflict with the interests of other stakeholders, in particular employees, supply chains, the environment and societies, and addressing the problem through specific regulatory rules proved inadequate to the task. This raises questions about the nature of the financial incentives that drive and resource corporate activities, namely profits, and the need to align these with the role of business in solving not creating problems for others. In the absence of such an alignment then markets fail and competition can intensify rather diminish the failures. There are three aspects to addressing the problem. The first is the use of corporate law to require companies to consider the interests of stakeholders other than their shareholders. This is already a feature of many corporate laws. The second is corporate governance codes that promote corporate purposes of profiting from solving not causing problems for others. This too is already a feature of some countries’ corporate governance arrangements. The third is the adoption of international standards and firm specific measures of performance that promote accounting and reporting on corporate social and environmental benefits and detriments. These are in the process of being established but need to be more closely related to accounting for specific firm measures of performance that ensure profits derive from solving not creating problems for others.
In medical ethics, there is a well-established debate about the authority of advance directives over people living with dementia, a dispute often cast as a clash between two principles: respecting autonomy and beneficence toward patients. This chapter, in highlighting underexplored issues of power and social status, argues that there need be only one principle in substitute decision-making: determining authenticity. This principle favours a substituted judgment standard in all cases and instructs decision-makers to determine what the patient would authentically prefer to happen – based not merely on the patient’s decisions but also on their present settled dispositions. Adhering to this principle entails that, in a significant range of cases, an advance directive can (and indeed ought to) be overruled.
This introductory chapter sets out the book’s key findings, methodology and structure. It also introduces the principal questions the book seeks to address. How have agents, operating at national, international and transnational levels, attempted to institutionalise the norm of corporate accountability for human rights violations linked to transnational corporate activity? What do these initiatives reveal about the nature of transnational legalisation, and how legalisation should be framed or conceptualised in the twenty-first century? Finally, could a revised framework of legalisation help explain when transnational litigation and soft law initiatives are more likely to succeed in the future?
Grace and providence, much like the sacraments (which are instruments of grace), are pervasive in the Confessions. Yet we learn about them, not from any explicit theorizing or argumentation on Augustine’s part, but by examining their role in the dual narrative: the personal narrative of Augustine’s life and the cosmic narrative of creation and redemption. This chapter considers how grace (God’s unmerited favor) and providence (God’s directing of the course of events in the service of his own ends) shape, but do not determine, Augustine’s life. Although there is no explicit consideration in the Confessions of the relationship between grace and free choice, the overwhelming message of the work seems to be that grace is indispensable but not irresistible: God makes Augustine into the kind of person who can accept grace, but not someone who cannot help but accept it.
Postvention describes the support offered after suicide bereavement to mitigate the risk of suicide in those affected by the loss. In this chapter we describe the international epidemiological evidence about the impact of suicide on relatives, friends, and other close contacts of the deceased. This includes an elevated risk of depression and suicide, and other adverse physical health and social outcomes. We describe the practice of postvention as it applies to recommended responses to suicide in clinical and community settings, and the evidence to support this. Whilst there is a lack of evidence to support the effectiveness of postvention in preventing suicide specifically, there is evidence that it improves the mental health and social outcomes likely to mediate suicide risk. Clinicians who encounter suicide-bereaved individuals should be aware of resources available to people affected by suicide loss, described here, including digital resources in the public domain.
This chapter addresses the evidence for the burial of moneyed laymen. The latter are, perhaps not unexpectedly, both ubiquitous and largely invisible in this collection. The necrosima includes only one hymn specifically addressing the death of a husband and father. By contrast, the majority of its forty “generic” hymns contemplate a male lay Christian subject, mourned by his children, anxious about abandoning his family, and plagued by anticipation of the harsh judgement he might receive. These hymns become a site for working out the necrosima’s theology of possessions – a topic that appears explicitly in some of the collection’s most paraenetically focused hymns, including, for example, madrāshâ 28 (“In funere principum, & Divitis cuiusque”/“On the burial of a prince or some kind of rich man”), but is a prominent theme in much of the corpus. This chapter accordingly examines anxieties about wealth and poverty, and the ethical pedagogy inherent in the necrosima, including its emphasis on charity.