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Chapter 3 further refines the criteria for when failure-based arguments might be justified. Drawing insights from the early UN Human Rights Commission’s focus on addressing specific rights violations, along with literature on structural reform litigation and emergencies in public law, the chapter underscores the importance of proportionality. This involves weighing the necessity, functionality, and potential costs of interventions. The chapter concludes with a contemporary example — the Horizon scandal and the UK Parliament’s legislative response overturning wrongful convictions of subpostmasters—illustrating how this reasoning works in practice.
This chapter surveys the perspectives of recent academic writing. Over this territory there is considerable debate and disagreement. So first, in order to get a firm grip on the debate, the chapter outlines the main narrative and theoretical frameworks which have explicitly or implicitly been invoked. An obvious narrative within which to marshal at least some of these writers is 'the rise of feminism'. The central task of the chapter is to introduce the questions and issues which modern scholarship has identified as the important ones when addressing the history of women at the end of the eighteenth century. A dramatic and ambitious narrative dominates scholarly thinking about gender in the eighteenth century, a narrative which has variously been proposed but perhaps best presented by Thomas Laqueur. According to Stuart Curran, in the 1790s the novel, poetry and theatre were all dominated by women writers.
Although Clara Schumann pursued a career primarily as a concert pianist, she composed some fifty works that, taken together, illustrate a two-pronged interest found also in the output of her husband, Robert Schumann. On the one hand, Clara and Robert adopted compositional styles and genres in vogue during their day. On the other hand, both deeply appreciated the traditions of their largely Germanic forebears, and they paid tribute by grounding their music in historical methods inherited from their predecessors. This chapter considers their output from each perspective and then concludes with examples that illustrate a productive dialogue between the two.
This chapter provides a selection of problems relevant to the field of neuromorphic computing that intersects materials science, electrical engineering, computer science, neural networks, and device design for realizing AI in hardware and algorithms. The emphasis on interdisciplinary nature of neuromorphic computing is apparent.
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.
Post-Intensive Care Syndrome (PICS) refers to the wide array of physical, cognitive, and psychological symptoms that a patient may experience following an acute illness. Persistent dysphagia is one significant concern that may remain following a patient’s discharge from the hospital. In these instances, the patient will be referred to a speech-language pathologist for outpatient dysphagia therapy services. Swallowing rehabilitation following discharge from the ICU is managed by a team of medical professionals, with the SLP acting as a coordinator for the interdisciplinary team. Referrals may be placed to psychologists, dietitians, and neurologists, amongst other professionals. Outpatient services begin with an initial evaluation that involves several components, including medical chart review, case history, oral mechanism exam, and bedside swallow exam. The patient may also be referred for an instrumental swallowing assessment to allow for direct visualization of the oral and pharyngeal phases of the swallow. Based on the evaluation results, a comprehensive treatment plan will be developed that includes restorative swallowing exercises, compensatory strategies, and diet modifications. Technology may also be incorporated into therapy sessions for maximum benefit.
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.
As data are becoming increasingly important resources for municipal administrations in the context of urban development, formalization of urban data governance (DG) is considered a prerequisite to systematic municipal data practice for the common good. Unlike for larger cities, it is unclear how common such formalized DG is in rural districts and small towns. We therefore mapped the current status quo in small municipalities in Germany as a case exemplifying the broader phenomenon. We systematically searched online for policy documents on DG in all metropolitan regions, all rural districts, and a quota sample of nearly a sixth of all German small towns. We then performed content analysis of the identified documents along predefined categories of urban development. Results show that hardly any small towns dispose of relevant policy documents. Rural districts are somewhat more active in formally defining DG. Identified policy documents tend to address mostly economic activities, social infrastructure, and demography, whereas Housing and Urban design and public space are among the least mentioned categories of urban development.