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This chapter applies the volume’s interactive and holistic approach to the development and analysis of the regulation of remote work. The discussion underscores how employment contracts themselves combine locational elements, of direct significance for remote work, with specifications of the temporal extension of the work contract and its full time or part time nature. Moreover, as the chapter shows, the combinatory constellation of employment situations that results is itself then subject to regulation in ways that the regulatory institutions often frame interactively, using concepts rooted in one type of employment condition to deal with another condition – for example combining features of the contract’s time commitment with its locational definition. The chapter also discusses the importance of the subsidiarity principle for channeling the multilevel and interactive component of remote work’s regulation. These points are then used to address issues of fundamental rights for workers and more specifically, of labor rights under new and evolving employment conditions.
Cyber disinformation is a global, very sophisticated phenomenon, capable of producing negative consequences on democratic values and institutions. This chapter argues that individual behavior of users plays a key role in the control of the phenomenon and aims to identify factors that impact on users’ behavioral intentions and cyber hygiene behavior. This chapter integrates the Extended Theory of Planned Behavior and a Structural Equation Model, realized through Partial Least Square – –Structural Equation Modeling, applied to the cyber disinformation phenomenon. The research data were collected using a questionnaire administered in Poland and Romania and analyzed using the Structural Equation Model. The model’s parameters were processed using the SmartPLS software. The reliability of the variables was assessed using Cronbach’s Alpha and Composite Reliability. The research revealed the applicability of the Theory of Planned Behavior model and found that Moral Norms and Perceived Behavioral Control have an impact on Behavioral Intention and Cyber Hygiene Behavior. The findings of this chapter can provide stakeholders with important insights that can lead to improved responses to the phenomenon.
The book ends with a brief discussion of key conclusions. My four substantive chapters demonstrate different accounts of making-good-again. Read together, they show how the conduct of restitution emerges as a material question of responsibility which is asked through texts and objects in different genres, including law. Responsibility as a material practice is shown to be dynamic, contingent and contextual, shaped by personae and places.
For a long time, criminal justice typically operated through the human body. Historically, the intentional infliction of severe physical harm, such as through quartering and the rack, has been central to both criminal investigation and punishment. This centrality of the human body in criminal justice arguably changed with the rise of carceral punishment and, as of the mid 1900s, with the emergence of human rights protection to the integrity of persons. Yet, it is still the case that nowadays the use of physical force by state officials makes many appearances in modern criminal justice, ranging from handcuffing, taking bodily material for DNA analysis and using pepper spray on arrest, to physical force strip searches in prison and mechanical restraint in forensic hospitals. Moreover, capital punishment, as the supreme corporal sanction, is permitted under international human rights law and still applies in many jurisdictions worldwide.
Until recently, our inner mental lives have enjoyed a considerable degree of natural protection from others’ gaze and influence. Third parties are sometimes able to attribute particular mental states to us on the basis of our behaviour, particularly if they know us well. These parties are also often able to influence our mental states by means of rational persuasion or manipulation. But our thoughts, desires and emotions have typically had some defence against others’ access and influence by virtue of the fact that these mental phenomena play out in our brains, shielded by a solid skull.
Threats to the ability of democratically elected governments to drive and preserve their citizens’ economic development and thus promote their human rights are threats to the confidence of their citizens in democracy itself. Threats to the cyber resilience of critical infrastructure assets — that enable and preserve economic development — are threats to that very confidence. This chapter positions the technical backbones for digital public infrastructure (DPI), which delivers digitally native essential services, as critical infrastructure assets. This chapter uses the approach to DPI of the world’s largest democracy as a case study. It explores how India’s DPI — built per an open standards-based paradigm, implemented by protocols and Application Programming Interfaces (APIs) that comprise the ‘India Stack’ – operates at the scale of the world’s largest population. It finds the cyber resilience of the technical backbones for India’s DPI vital to India’s democratic resilience. This chapter thus calls on India to prosecute systemic cyber risks to these backbones that stem from the critical software running on them. India must incentivise vendors of that software to invest in the security of their software development life cycles and mitigate software supply chain risks. India must also manage open source software risks to its DPI appropriately. This chapter concludes by putting forward how India can export its approach and the India Stack. Other democracies, especially India’s Global South partners, stand to gain from its experience, including by strengthening the trust and confidence of their citizens in democracy itself, as well as by implementing norms for responsible state conduct in cyberspace that were approved by the United Nations General Assembly. Such benefits will be reinforced by Indian advice on how to deploy DPI in a cyber-resilient manner, informed by the multilateral consensus on DPI, software security and cyber resilience, which India forged as G20 President in 2023.
Remote working – strongly widespread during the covid-19 pandemic –is today one of the main forms of innovation in the world of work. As always, within innovation phenomena we have static elements, from the past, and dynamic elements, looking to change the status quo. Consequently, the evaluation of remote work may be either conservative or innovative. Remote work can be considered as a simple re-proposition of the Fordist-Taylorist Enterprise that does not actually change the characteristics of employment as a not democratic relationship involving the worker submission to the employer managerial, control and disciplinary power. On the other hand, remote work can be recognized as the symptom of a broader cultural, organizational and process change in the firm, allowing the worker to conquer new spaces of freedom and autonomy, which not only allow for a new balance in the relationship between work and life, but also redefine both the factual and juridical connotations of subordination. This chapter analyzes this second perspective and, on the basis of legislation and collective bargaining, tries to define the elements of change in the concept and morphology of subordination within the employment relationship.
Since May 2022, activists in many countries have been protesting, targeting artworks in famous museums and squares, capturing the attention of citizens, media, and authorities. This new wave of protests was not immune to criticism from bystanders, media, and public institutions. Some governments issued legislation to specifically sanction climate activists who target cultural heritage. Hence, the question arises as to how exposure to such protests affects citizens’ attitudes and behaviors toward the environment. To address that question, this study relies on two original datasets. First, a data collection of all instances of climate protests targeting artwork that occurred from May 2022 to August 2024. Second, an original pre-registered survey experiment (n ≈ 1,000), conducted in August–September 2024 in Italy, where the highest concentrations of such acts of protest were recorded. This paper examines whether exposure to climate protests targeting artwork negatively impacts public opinion levels of environmental concern, pro-environmental voting, and pro-environmental behavior. The results suggest that public opinion does not endorse climate protests targeting artwork, but exposure to them has no meaningful causal effect on their stances on environmental protection.
States are increasingly thought to have a duty to enable convicted persons’ rehabilitation, with some seeing this duty as grounded in convicted persons’ right to rehabilitation. This rights-based argument for rehabilitation emerged alongside the increase in rights litigation for carceral populations within the United States in the 1970s, and the contemporaneous development of the idea of imprisoned persons as “Rechtsburgers” or rights bearers in Europe.
Admittedly, legal recognition of a right to rehabilitation is not universal. Many countries present rehabilitation as a “guiding concept” rather than a right that can be enforced against the state. The United States had also considered it necessary to re-emphasise the importance its criminal justice system attaches to the goals of retribution, deterrence and incapacitation, following their ratification of the International Covenant on Civil and Political Rights (ICCPR) – which highlights the need for rehabilitative treatment within prison settings in Article 10 ICCPR.
This chapter discusses the relation between ‘Morals’ (Sitten, Moral) and ‘Right’ (Recht) in Kant’s Metaphysics of Morals. Two questions should be distinguished: (1) Are Kantian Morals necessary for Kantian Right in the sense that the latter presupposes Kant’s specific account of morality? (2) Is Kant’s account of Morals sufficient to justify his conception of Right, in the sense that the fundamental principles of Right can be derived from, or normatively justified by, the Categorical Imperative (or some other element of Kantian Morals) without additional normative principles? With respect to the first question, it is argued that Kantian Right presupposes a central aspect of Kantian Morals: the idea of moral universality, where moral rights and duties are the same for all. This idea must be distinguished from the Categorical Imperative introduced in the Groundwork for a Metaphysics of Morals. Concerning the second question, it is argued that only when applied to individual juridical (coercible) rights does the idea of moral universality result in a Kantian conception of Right. Thus, Kant’s conception of Morals alone is not sufficient to derive juridical rights and duties.