Democracy & Human Rights: The Contemporaneous Globality of Human Rights
By Dr. Milos Dokulil, Professor of Philosophy
The
notion of human rights seems either too awkward to be discussed, or -- where
such rights are not observed -- too remote to be useful. As a political concept
it is a rather recent desideratum of our early modern European -- and
Euro-American -- society. ([1], [10], [17].) There for the first time “rights” were
articulated from the viewpoint of those not privileged and that first as an
expression of religious liberties (or freedom of conscience). Therefore human
rights need not be conceived as an ideal pattern to be followed or accepted in
other cultures/civilizations. Notwithstanding, a 50-year jubilee of their solemn
proclamation by the United Nations (Dec 10, 1948) should be mentioned here
([13]). Owing to the economical-political (but partly also
cultural-informational) globalization process in our contemporary world, the
field of human rights can develop -- if it has not already developed -- into a
sensitive place of worldwide integration. Simultaneously, after September 11th
and owing to various measures taken to prevent other possible criminal attacks,
some limitations of human
rights came into power in the same USA which has normally served as a model of
democracy and civic rights since its Constitution (if not since the legendary voyage
of the Mayflower in 1620). If it were not so, there would not be heaping articles in
newspapers and journals -- and already even books -- to express a certain
concern over those limitations of human (and civic) rights ([16], [23]). Even
if certain measures have been doomed necessary, the question remains whether a
still uncertain gain in security surely is commensurate with less freedom. This
feature should be earnestly taken into account not only in the US, but also
expressly in those countries which have been recently counted as “culturally
opposite”. Such criticisms are a self-imposed complex proof of the freedom of
expression/speech as illustrated on one’s proper skin (with no further comment
here). At the same time such
lamentations show the strange necessity to continually redefine the sequence of
the priorities taken as “human/civic rights” and their value. The British journal
The Economist (Aug. 31st,
2002) significantly entitled its special report on civil liberties “For whom the Liberty Bell tolls“ and
enumerated 13 fundamental violations of human rights for its survey. On the
annexed map we can find 38 countries where there are now certain
restrictions on human rights. One can say that not only the US but also the whole world is less free now. It surely is the
price of how to gain more security. We may ask if such a price is commensurate;
whether the eroded freedoms are not another triumph of terrorism. Probably not.
But risky it may be if there is not enough public control over such exceptional
measures. And if so much is at stake, one can never be wholly sure that
excesses of military power or violations of human rights are excluded. And it can be shown that to keep a watchful eye on either
side of the contemporary front fighting terrorism is not an easy affair.
Hundreds of prisoners of the Afghan war from Mazar-e Sharif suffocated in
containers during their transport to Dasht-e Leili. No one has actually and
expressly shown whose the responsibility irrevocably is. (Read the horrible
report The Death Convoy of Afghanistan
in Newsweek, Aug. 26, 2002, as a bloody
example of how difficult it may be to fight terrorism and not be able to assume
undivided responsibility for the rules of war on the battlefield and behind.) Owing
to the actual, rather problematic economic, cultural and informational
globalization the complex of human rights can become a sensitive point of worldwide
integration. I think that the now very popular Huntington conception of
the “clash of civilizations” ([9]) does not reflect -- the less so predict --
the real state of affairs. There
are qualities in mankind which are common to all of us. First, it is the gift
of -- under the normal conditions -- trying to act and react reasonably. To cultivate reason is a noble
undertaking not overlooked in any culture/civilization aspiring to build up a
rather durable stability and tradition. (For the Oriental tradition it also
holds. Not everything has been given/influenced only by the Muslim tradition
there, to say nothing of the very important intellectual inspiration of the
West after 8th century through the multiform contacts with the
Arabs). The values which, at last, historically evolved at the beginning of
modernity and which have been called “civic/human rights”, have, of course,
evolved in the West, but can be read as “Western” only geographically and
historically, not to be
qualified as “Western” in their substance and all-human mission. After September 11th the polemics flared up
about the real background meaning of the attack on the US. One thing is the
possible vulnerability of the US in similar cases, another one this indicated
insecurity about some cultural values. Being proud of being American was one
important and positive reaction. Trying to interpret the terrorist attack as a
“clash of civilizations” seems to me to be somewhat exaggerated and not to the
point. Those indoctrinated young terrorists who committed such a crime on the
basis of an unusual suicide flight cannot be judged to be bearers of some
“Eastern values”. For their own followers and sympathizers they are martyrs.
They also are symbols of a group protest. That protest has been -- verbally --
oriented against the American way of life. I am afraid that the attack -- materially
-- could not show any positive cultural values in any way whatever. From the
viewpoint of human values/rights those rights/values were deeply humiliated by
the terrorists. This has also shown that the common “human rights” can often be seen as not too
safe a rule to guide different people. On the other hand, if that shock
could create some associated second thoughts on the real priorities in life in
both opposite camps of opinion, then that cruel sacrifice was not wholly in
vain. (Some of those priorities are to be discussed below.) With a certain
receptivity we could also come to see the
“invisible“ hand of hunger, illness and premature death in the “Third World”
where the road to a decent life is not yet earnestly understood and its
orientation is the less so effectively solved. To say nothing of the selfishness
of many large companies when they do not spare adequately our natural environment.
This also is a violation of humankind’s rights. * *
* * * The concept of
“human rights” has a theoretical background where legal and moral
priorities have to be considered, together with a bit of political phraseology
which mostly covers certain social-economic interests from both sides of the
rising conflict trying to make a trade-off (if it seems necessary). On the
other hand, we may find ourselves confronted by a contemporary coincidence
between a declaration of such “common rights” and a flagrant violation of those
declared “rights” which are “pragmatically” overlooked ([4], [6], [8]). In the following text, both the aspects just mentioned
have been, at least partially, put under scrutiny. * *
* * * Each human being simultaneously lives in various mutually
graded -- and at the same time mixed -- worlds. In the abstract, and generally,
there are 5 levels
in which each person’s life and human dreams and sorrows interact. All of us find
ourselves to be 1) under the spell
of the “Cartesian” theater in which one’s psyche resides, individually reflects
the outside/inner reality and experiences her/his individuality; i.e.,
experiences her/himself as such, and internally -- relatively -- “free”. Each
human being simultaneously exists as a -- in Aristotle’s famous saying -- “zōon
politikon”, i.e., “civic creature” which makes several other relationships
possible/actual profiled below as under 2) till 5). The following relations are to be distinguished here: 2) of individuals between themselves as
individuals (interpersonally), 3) between an individual
and her/his somehow structured institution/community (including families,
places of work, corporations, church, sport clubs, the state; “intrasocially”),
then 4) internationally
(supra-nationally, globally, “cosmopolitically”). And there is yet another
relationship, going across, and being reflected in, levels 2), 3), and 4);
relationship 5): “between
generations”. On all five levels (with understandable passages and
overlappings) a necessity/requirement to project certain “rights” can be
ascertained. Within an individual one should find all the necessary conditions
for the experience of freedom of conscience. In interpersonal relations, mutual
rights and duties of life partners (sexual aspects to be included) should be
well understood and observed. For the intrasocial climate we should not
overlook the subjects of introducing/prohibiting euthanasia or the death
penalty. Internationally, among the most delicate questions counts the “right”
to use atomic arms or to operate an atomic plant. Between the generations (and
at the same time interpersonally and intrasocially, if not globally) we find reflected/articulated
the “right" of a revenue/pension or (un)conditionally legalized abortion. In general, “rights” are defined as “natural” or “moral” (not always conceptually
distinguished), often hinting
at their rational background; their result may sometimes be some -- not necessarily
written -- law (e.g., Grotius’ legal idealism). a) In general, a “right“ (as a value) has been
intuitively connected with some "good“ as a result of its implementation
and fulfillment ([11], [7]). Such a good signals its moral anchoring. Thus it
always pays to strive for such a “right” (being also simultaneously “good”!).
But there emerge at least three problems: some positive possibility of
realizing this presupposed “good”, the necessity of harmonizing it with the
binding “right/law” and, moreover, the need to put through the given and
authorized “right” with its -- intrasocial -- claimability. b)
“Rights” are often characterized as “natural”; and if “natural” then not
necessarily positive (enacted as law). ([5].) Immediately and directly one
neither disposes of the measure of their generality, nor of the concrete conclusions
following from them. Many a time they have been formulated as “inalienable”.
Such a formulation seems seducing. But if the conditions for the enactment of
such “rights” have not been effectively secured, such noble reference cannot
serve for more than a preliminary (and probably suggestive) articulation of an
up-and-coming political pressure later on to make the requirement a written and
binding law. “Human
rights” as “rights” share their genesis with the concept of “social contract”;
both the terms/concepts are a fiction of political theory. In a real
situation some consent to restrictions among the participants to the “rights”
or ”contract” is always given with hesitation, as an uneasy compromise and as
an emergency way out ([10]). From the articulation of any “rights” to the legislation
of actual law (to say nothing of their implementation) there is a rather
long and often uneasy (not to say bloody) way. A classical formulation of “human rights” can be found in
John Locke’s Two Treatises on Government
([10]). This heritage has been taken over by Bentham’s utilitarianism or Adam
Smith’s liberalism. A “materialized” form of these rights represent two
documents of the last quarter of the -- enlightened -- 18th century,
the Constitution of the United States and the French Declaration of the Rights
of Man. They thus also represent the probably not always easily realized
passage from “what is to be” to “what must be” ([10], [3]). We have always to
register the opposite interests of both sides having a hand in the
rights/contract. And, from the viewpoint of ideology, we should not forget the
felt dichotomy in expressing the result as either “liberal” or “socially just”.
b1) Negatively
articulated (that such “rights” would not be prevented from being effective)
such-to-be-rights are often cost-free. The powerful from above (or still
privileged) are not forced, from their own side, to actively fulfill anything. b2) Positively, such
rights require not only some legally binding declaration, but also -- if not
above all -- some direct and concrete fulfillments/realizations. They may --
and often they do -- represent not small expenditures. Then they are not to be
considered to be simply some verbal regulation, but moreover a duty, especially
if there are explicit conditions specified for their implementation, together
with sanctions when it is not the case. An awareness of those “rights” implies -- and somewhat,
and preliminarily, articulates -- their practical (probably partially felt)
necessity. Such “rights” are to be realized in life for those not yet
possessing them. Those “rights” immediately draw a line: between those
potentially authorized and others who are bound by the proposed “rights” either
to some respect, or to some positive fulfillment; and then such proclaimed “rights” cease to be
“rights” for them, but are mostly viewed as -- mostly uncomfortable if not
troublesome -- “duties”. To judge the degree of realization of some “liberty” or
“right” we have to be familiarized with subjective feelings of individuals who
reach the enjoyment of such a “liberty” or “right”. It never can be an abstract
“standard”; it is an experienced life value ([3]). One of the
important authors of legal theory, H.L.A. Hart, was -- half a century ago --
sure that “right” cannot be adequately defined ([6]). One of the classics of
law, Hochfeld, outlined four concepts of “right”, mutually in their relations
different ([8]). And what holds of “right” in general, holds more urgently
of the so-called “human rights” if they are to be conceived -- if not also “lived”
-- on a concrete basis. In her recent contribution F. Butegwa has missed
serious attempts at defining “human rights” which, 50 years after their
declaration in/through UNO, she finds rather strange. She outlined a broad
spectrum of positions, from abstract to the pragmatic ones ([2]). * *
* * * Everything
which has been covered by the term “human rights” is quite varied (if not
diversified) materially and, in a relevant situation, difficult to judge
objectively and efficiently. Many a time some “pragmatic” reasons prevent those
responsible/powerful from intervening in cases where such -- sometimes
generally accepted -- rights have been violated. Diplomatic/verbal mediations
are lengthy and not always effective enough; military actions are still considered
an exception not easily to be incontestably -- if not non-contentiously -- vindicated. In three examples let us now compare the Universal Declaration of Human Rights (valid
for more than half a century, [13]) with the practice. 1) In accord with
sub-article 16.3 “[t]he family is the natural and fundamental group unit of
society…”, but the text does not in any way say why it is the case, and through
what means the family can fulfill such a function. The less the text defines
under what conditions the term “fundamental group unit” rightly and legally
specifies the intended situation. Motherhood and childhood are cited separately
(in art. 25.2). Such too general formulations do not serve anybody, do not bind
those responsible for such a union, and especially they do not protect children
in their natural environment. We very well know that families live in another atmosphere
within, e.g., the Roman-Catholic principles, in dissimilar conditions in
fundamentalist Muslim background, and in a totally other way in partnerships
(bi-sexual, and, partly already institutionalized, homosexual) where no
religion has been considered. At this level of presentation one hardly can
start some effective initiative to finally reach the end of practicing all the
three forms of circumcision in girls (example from Sub-Saharan Africa in [22]).
In this case the first three articles of the cited Declaration could/should be helpful; and, of course, art. 16.1
expressly quoting “equal rights as to marriage” and “during marriage” which
means equal right to sexual pleasure for both partners ([31]). 2) Or let us have a
look at articles 13 and 14. We can read in article 13.2 that “everyone has the
right to leave any country” and, in article 14.2, “to seek and to enjoy in
other countries asylum from persecution”. As “persecution” (motivating exile)
we can understand many limitations or forms of pressure, not only the political
ones, which have not been here specified in any way (see 14.1). But, at the
same time, let us not ignore that “everyone has the right to leave any country”
unconditionally (13.2). In North America and in Western Europe we can find
countries not very happy with illegal immigration and many states, including
the US and EU, trying to stop uncontrolled entry. But is there anything
“illegal” in that problematic and so sensitive pressure resulting in migration
to richer countries? The Universal
Declaration formulates the right to leave “any country” without immediately
and expressly saying that such a right does not mean to observe that right as a
duty in the land of the immigrant’s choice. Discussions in which immigration
has been taken as a possible partial solution of the now unfavorable
demographic development in most richer countries ignore the fact that the
illegal-immigration samples do not mostly bring in highly qualified candidates
of new statehood. And if it were so, it would not be good for the fair
globalization strategy in poor countries. ([18], [19], [27].) 3) Article 17.1
declares “the right to own property” and article 17.2 moreover says that no
one “shall be arbitrarily deprived of
his property”. What is meant by the adverb “arbitrarily”? It is not only a
terminological or semantic, or specifically legal problem. When interpreted,
pragmatically political aspects have always been considered. And then we can
again ask what the reasons are when a property has been confiscated “in good
faith” (or “for social reasons”) by the state. Is such a procedure “legal”? Or
only conceded by the public/the outside world? What is article 17 for? Who is
it for, really? * *
* * * In this way we could go on for a long time presenting
shocking cases of ignoring or not observing human rights and, moreover, acting
both contrary to their letter and spirit. If anything is a “right”, it should not be very ennobling
(and human) to have to strive for it, not to say be grateful to somebody for
its accessibility. The reality of human life is not so idyllic. “Human rights” start, in a prosaic way (as in John Locke’s
writings), with the right of life. If so much has already been told and written
concerning the “wealth of nations”, their basic wealth should be humans (not only as
subjects creating that -- material -- wealth; [10], [17]). To take part in the
division of labor, get a proportionate reward for it, live in an ecologically decent
and socially safe place, have access to good water and healthy foods should be
a -- real and accessible -- “right” for everyone. In this respect the reality
of the so-called “Third World” does not testify for it. What is “to be done”
(and not only there!) is often very difficult to reach directly and efficiently
even if it is relevant and obvious. In this connection it has been too often told (and also
solemnly declared) that the contemporary globalization means the saving
solution to nearly all social problems of our world. Globalization should be
taken as a recipe for hunger, mortality, dangerous diseases, environmental
conservation and personal security ([12], [14], [21], [24], [27]). And we know
that the treatment of poverty is not so easy. One thing is a somewhat easier
mutual communication and access of goods, quite another situation arises out of
a constantly greater economic and social gap between the rich and poor countries.
The legendary “scissors” modeling this relationship go on opening up. The US State Department keeps an eye on the efficiency of
human rights in 194 countries in the world. The US through its measures in this
respect influences other states and presents its priorities. When the
“Enron-gate” affair and other similar accounting bubbles were disclosed, it not
only lowered the trust in the American stock market but, at the same time,
serves as a bad example of practical business ethics ([28], [29]). Moreover,
such a brisk fall of shares is not only a sign of mismanagement, but also a
violation of an important human right, the right of fair business. Insecurity
in financial markets also very sensitively lowers the so-called “international
aid” to poor countries. (Only four small West-European countries reach the --
by UNO consented -- limit of 0.7% GDP; in this respect the US, giving the not
small amount of $9.1 billion, fulfills only 0.1%.) These days a controversy between
two important economists -- J. Stiglitz representing the concepts of the World
Bank and K. Rogoff of the International Monetary Fund -- has dramatically
revealed some sensitive effects of financial aid to foreign governments on
their citizens ([25], [15]; or also [29]:80; and compare with [12] and [27]). We
can easily see that such problems have to do with the realization of several
“human rights” in the developing countries, too. * *
* * * Let us now have a try and enumerate some major “human
rights” (cited below as “HR”) and, as an illustration, hint at several
hindrances preventing their realization. Some of those rights mutually overlap. HR of
living a sustainable life. We are not yet sure enough what this really means. Is it
the -- so difficult -- preservation of our environment? Or also the option of
“substitutable” raw materials (animals and plants)? Or, first and foremost, a
reasonable balance of production and consumption all over the planet? Or can,
by any means, something efficiently be done in nurturing the poor and
protecting their health? The UN Earth Summit in Rio de Janeiro (1992) instilled
much confidence in this respect. Before the following summit in Johannesburg
(2002) we could read that “the relentless push for profit” stopped those plans
dead (F. Pearce in New Scientist, August
17th, 2002). And B. Bueno de Mesquita and H.L. Root were sure that
the roots of poverty were “political” (in The
National Interest, No. 68/2002). Let us remark that similar, not very
positive, commentaries also followed the Johannesburg summit. The Economist (September 7th,
2002) wrote of “too much effort and… slight results” under the heading of “The
bubble-and-squeak-summit” (pp. 81-2). HR of
a hopeful childbirth and childhood. Children should not die due to insufficient
care after birth, infection, or bloody clashes. A recent article titled “How to save 1m children a year” (The Economist, July 6th 2002,
p. 83), offered a shockingly simple solution of just adding soap and water!
Additionally, a very bitter fact is that children have been used/seduced to
kill other people, to be sold into serfdom, or -- exceptionally and too early
in life -- to commit suicide. It also should not be overlooked that the number
of children born out of marriage continuously rises. (In 2002: Iceland an increase
of 65%, Sweden 55%; and in relative Christian Austria and Germany already 31%
and 23%, respectively) I am not speaking of the family as a necessary institution
now. I am not comparing the traditional model with new forms of adult
partnership. I bear in mind those children mostly robbed of the possibility to
share love and protection from a responsibly bound couple. HR of
having a share in decent social order, including a home. This means, of
course, personal freedom and security, the possibility of getting a job and, in
case of need, effective access to welfare, the right of free speech and expression
of views, etc. Such rights are connected with certain duties of cooperation
(civic self-control, aspiration to qualify for a good job, positive activity in
the neighborhood of one’s home, etc.). HR of
an efficient and satisfying share in democracy. Such a requirement is not easy to
fulfill even in the so-called “established democracies”. If direct democracy,
also in exceptional cases, seems to be difficult to realize, this hesitation is
understandable from the viewpoint of efficiency and professionalism in complex
issues of public administration. Simultaneously, if we accept the idea that “right-wing” or
“left-wing” policies are historically emerged terms more than two centuries old
(and without reasonable contemporary connotations), we cannot, notwithstanding,
formulate an unquestionable -- not “right- or left-wing", but forward
oriented-program. And then the citizens have, anyway, to be grateful to
political programs of strong political parties for some regulated choice during
the elections. After an election pragmatic reasons, natural catastrophe,
financial difficulties, etc., can somehow prevent to realize the program. And
the voter’s choice periodically serves only as a means of power to his/her representatives
who do not cogently need the voters’ support between electoral terms. And we
also know there are “republics” in our contemporary world where either one
party or one family for years decides the future (or the succession at the
top). There is rarely a spontaneous or natural/legal mechanism/climate to
reform it. The right of private appeal against a state has not been generally
assured. HR of
a decent economic milieu (and without corruption). This seems to be a
“right” imported from a land of fairy-tales. It is a problem of lowered
standards in accounting, deregulation debacles, illusions connected with the
concept of the “invisible hand of the market”, taxation leakage, or not prevented
conflict of interests. It also means a well-controlled public spending policy
together with well-balanced public budget. HR of
evading the threat of war (or “civil war”). This is one of those “would-be
rights” where it can be shown that every individual has traditionally (if not
always) been exposed to many external forces. Thus every individual should have
the “right” to avoid participation in, and avoid being a victim of, risky and
bloody activities (uprising, guerilla warfare, racial/national oppression/"cleansing",
et cetera). HR of
upheld law, and justified and efficient legal practices. This, of course,
means to create fairness in the civic, economic, political activities in each
country without little or no intervention (or selfish “lobbying” as a steady
basis for corruption and social insecurity). It also means to find within the
society a favorable seedbed for the creation of civic institutions supporting
and criticizing the governmental institutions. HR of
not being threatened by organized crime (including, of course, its bloody terror).
Especially
alarming is the fact that such crimes are mostly committed by young, very
clever and disciplined people (with the corresponding technical means and large
financial resources). It is not easy to fight such activities; to fight back
without excess should be a rule. Many a time illegal migration and/or work (or
promise of lucrative pay, including prostitution) also serve such dangerous
purposes. HR of
reasonable solutions of thorny issues. Even relatively innocent issues may
become “thorny”, or a good medium of political pressure, or also an unexpected
and risky outcome of other less important matters. It is not always easy to
judge the adequacy measure if it is necessary to proceed not only against an
enemy, but the more so against some prejudice (or bad judgment) of our
followers. It is not only the eminent problem of declaring war, but also of
where and how to project a highway or a supermarket, whether to stop this or
that subsidy, or how to efficiently reallocate limited financial funds. HR of
educational and cultural advance. This is probably one of those
“rights” we only rarely miss. Not that they have been so well preserved and
respected, but we subconsciously take the bid as “proportionate”, “conventional”,
or “customary”. One problem is general education where not only the growing
claims to knowledge but also a better proportion of decency and cooperation in
mutual/civic behavior (and striving for the “good”) must be stimulated. The
consciousness of the inherited cultural (and “ennobling”) tradition slowly
evaporates. Which means that one important dimension of our humanness may soon
be missing. * * *
* * “Human rights” do not seem to be something “chairing us”
([1]:177; difficult to translate the German “das uns Vorgesetzte”). They are
the complex of values which those responsible from “above”, together with the
public from “below”, should constantly have not only in front of their eyes but
in their minds and hearts. We can see there are too many different interpretations
of such “rights”. After “Sept. 11th” it is as if there were newly
traced barricades here; as if either it were a non-adequate expression of
protest of poverty against luxury ([24]) or a clash of the East with the West
([9], [21]; [20], [26], [30]). Within this context we should not forget that multinational
banking, commercial and production companies do not care if they find some
dysfunction in the lands where they capitalize their assets. So it will not be
easy to pass over from our present to a less troublesome future, be it an “age
of information, computerization and nanotechnology” as it may. * *
* * * Speaking with sympathy of the so-called “human rights” we
cannot forget how easy it is to trample them down and ignore them completely
([1]). We should not
forget to continuously bear in mind that only a relative minority of those six
billion people on our Earth lives a rather decent -- and “human” -- life. On the other hand
considering life with material resources not reaching the level of $1 a day
does not immediately enable one to realize that such a life means living
without work and education, and sometimes, and moreover, in conditions befallen
by epidemics or war. Such people are often prevented from access to healthy
water and nourishment (and hygiene in general); to say nothing of swollen
abdomens and protruding ribs of their children. Still worse it is when such
children lose their second parent to AIDS and cannot, from the start, be
acquainted with due patterns of playing social roles. The world cannot live well (not to say cheerfully) if good
life has up to now been reserved only to the relatively few lucky enough to
live in a country/society where to participate in its prosperous share has
already been granted. In the
West there have been four historical phases of welfare to prevent the worst
conditions. At the start we can find the “liberal age” in Britain. It
is the period (slightly) from
1833 (and more fully from 1851) to 1914. In Germany social jurisdiction started
in 1871 with its unification/foundation. Thus started “social welfare” as an
activity from the “Right” for those “below”. After the First World War (and
until the beginning of World War II) we can speak of phase II of social
welfare; the pressure for its implementation came mostly from the “Left”. (Roosevelt’s
New Deal is, of course, an exception.) After the Second World War came the
third wave. We can trace a shared interest of both the “Right” and the “Left”
in trying to heighten the social standard of not only those “below”, but also
including the middle class. At the end of 20th century (surely after
the end of the Cold War) we can, as phase IV, find a totally new social and
economic structure. The “third sector” records enormous GDP proportions when compared
with its previous share (now more than a third of total GDP); and the receding
quotient of processing industry in GDP is remarkable. Special problems have
arisen with a new wave of bureaucratization of state power (together with more
massive corruption), merging of commercial and financial capital (together with
bogus accounting), a higher degree of urbanization, longer life expectancy
(with not sufficiently assured funding of pensions), computerization of
production processes, world-wide internet and e-mail connections, a much higher
role of news media and amusement. I am speaking of the developed Western
society and its “supers”, not of the “Third” (if not now already “Fourth”?)
World. The gap between the rich (and not so rich) countries and the poor ones
is larger and larger (regardless some partial improvements in several poor
countries). The rather slow -- now going on some 150 years -- development of
state intervention in redistribution processes (so efficient in Western
countries) cannot be applied in underdeveloped countries and the now unstable
“supers”. Too much is at stake. And there is not time enough for preparing
long-term reforms tomorrow when international mass crime and terror are ready
to subvert stability anywhere in the contemporary world today. And also, let us
not forget that the citizen
of our time without the corresponding cultural tradition from the past cannot
dispose of such a structure as the so-called “civic society”, to be better able
to withstand the risks of our contemporaneity. Until
now, globalization has not been sufficiently -- and prospectively -- cautious
and welcomingly high-minded. And we have not yet mentioned the -- eventually “natural”
-- right to dispose of some internal feelings, enjoyments, mood, but also that
special inner silence taking into account this surely great “miracle of life”
on this planet. Neither have we analyzed properly those applications of
positive discrimination to start some of the yet unconventional “rights”. Nor
could we discuss in this context the so necessary correlation of such “rights”
with the corresponding “duties”, although it never can be absolute or well
balanced. And the, till
now so ignored, importance of the first six years of human life where and when
we, all of us, learn to know how social roles can be played, could not
adequately be stressed either. Responsibility,
every time so important, can never be adequately articulated, though it
represents the clue not only for the present horizon of human life but also for
our inheritors. The
Achilles’ heel in evaluating “human rights“ can surely be found in the
insufficiently articulated responsibility (both within those powerful and the
powerless) for their general (local, as well as global) fulfillment. BIBLIOGRAPHY: A. “Basic”: [1] Baruzzi, Arno: Freiheit, Recht und Gemeinwohl: Grundfragen einer Rechtsphilosophie. Darmstadt,
Wissenschaftliche Buchgesellschaft 1990. [2] Butegwa, Florence: International Human Rights Law and Prac- [3] Dokulil, M.: Deklarace diferentnosti hodnot a relevance jejich míry. [Declaration of value differentiation and relevance of their range] In: Svobodná společnost—Svobodná morálka. Freie Gesellschaft—Freie Moral. Olomouc, Univerzita Palackého 1995, str. 74-80. [4] Feinberg, Joel and Gross, Hyman: Philosophy of Law. Belmont, Calif.; Wadsworth Publ. Co. 19802. [5] Finnis, J.: Natural Law and
Natural Rights. Oxford, Clarendon Press 1980. [6] Hart, H.L.A.: Problems of Legal Reasoning. In: [4],134-140. [7] Held, V.: Rights and Goods:
Justifying Social Action. New York—London, Free Press 1984. [8] Hohfeld, Wesley N.: Fundamental
Legal Conceptions. New Haven—London, 1919 (ed. Cook, W. W.: 1964). [9] Huntington, Samuel P.: The Clash of Civilizations and the Remaking of World Order. Simon & Schuster 1996. [10] Locke, John: Two Treatises of Government. (1690); ed. P. Laslett, Cambridge, Cambridge Univ. Press 1960, 19712. [11] Ross, W. D.: Rights and Good.
Oxford, Oxford Univ. Press 1930. [12] Stiglitz, Joseph: Globalization
and Its Discontents. New
York—London, Norton 2002. [13] The Universal Declaration of Human Rights. New York 1948. (Accessible in numerous prints, incl. Internet.) B. “Accompanying and
Illustrative”: [14] Becker, Gary: Interview with Gary Becker. The Region; June 2002. Viz: http://minneapolisfed.org/pubs/region/02-06/becker.cfm. [15] Blustein, Paul: IMF Economist Assails Author of Critical Book. Washington Post. July 2, 2002. [16] Cole, David and Dempsey, James X.: Terrorism and the Constitution: Sacrificing Civil Liberties in the Name
of National Security. New York, New
Press 2002. [17] Dokulil, M.: Ve věci
tolerance. [On the issue over
toleration; with an English summary.] Brno, Masarykova univerzita 1995. [18] Dokulil, M.: Central Europe as a Bridge on an Unsettled Exponential into a Simplistic World? VI. ICCEES World Congress/Abstracts. Helsinki (Finland) 2000, p. 100. [19] Dokulil, M.: Standing at
the Crossroads: The Future of Central Europe in the Face of Globalization. The Bi-Monthly Journal of The BWW Society, California
(USA), 1./2001, No. 2., pp. 32-39 (reprint 2./2002, No. 1, pp. 81-89; also on
the web: www.bwwsociety.org/journal/html/crossroads.htm [20] Fisk, Robert: UN highlights uncomfortable truths for Arab world. Independent. July 3, 2002. [21] Fukuyama, Francis: Economic
Globalization and Culture. www.ml.com/woml/forum/global.htm, and www.ml.com/woml/forum/global2.htm. [22] Gibson, H.: Somalia’s Desert Flower. Time. July 15, 2002, pp. 58. [23] Goldberg, Danny and Victor, and Greenwald, Robert: It’s a Free Country: Personal Freedom in America after September 11. New York, RDV Books 2002. [24] Graham, Carol: Can Foreign Aid Help Stop
Terrorism? Not With Magic Bullets. In: Brookings
Review, Vol. 20, No. 3, pp. 28-32; see: http://www.brookings.org/press/REVIEW/summer2002/graham.htm [25] Rogoff, Kenneth: An Open Letter. To Joseph Stiglitz. www.imf.org/external/np/vc/2002/070202.htm [26] Said, Edward W.: The Clash of Ignorance. The Nation. October 22, 2001. [27] Stiglitz, J.: The Roaring Nineties. In: The Atlantic Monthly, October 2002. [28] Thomas, R. a Theil, S.: The End of Swag? In: Newsweek, July 1, 2002, pp. 42-45. [29] The Economist. July 6th 2002. [30] UN Development Programme.
Creating opportunities for future generations. (8 detailed chapters on development
for the Arabic world in 2002.) www.undp.org/rbas/ahdr [31] UN: FWCW Platform for Action: Human Rights of
Women. See: www.un.org/womenwatch/daw/beijing/platform/human.htm Central Europe is
not an easy region in which to live. Dr. Milos Dokulil was born in the city of
Brno in the Czechoslovak Republic ten years after World War I. In Brno he
witnessed the end of World War II and the Nazi occupation in April 1945. In
1947 he started his university studies in Prague, both at the University of
Political and Social Sciences, where he studied Economics and Politics from
1947 to 1951, and Charles University, where he studied History and Philosophy
until 1950. During the purges after the communist takeover he was nearly
expelled from academe. To qualify as a university lecturer in languages, he
finished his part-time university studies of Czech and Russian in 1957. In December
1961 he was sent to Cuba for a year as an expert in Education and Languages.
During those uneasy years, and not sooner than the end of the Fifties, his
scientific inclinations led him to an unconventional study of Locke's
philosophy. He received his Ph.D. in 1963. As a Senior Lecturer
in the Faculty of Pedagogy between 1964 and 1969, he prepared four logic
manuals for teachers. After the occupation of the country by the Soviets in
August 1968, he was, for "political reasons", dismissed from the University.
The publication of three of his books was also stopped. For more than twenty
years he was prevented from continuing his academic career; his abridged
translation of Locke's famous Essay could only be published under the name of
his wife in 1984. An expert in yoga, Dr. Dokulil propagated nationwide, with
great risk, a healthier conception of life. At the end of the Eighties, a
part-time position at the Institute of Analytic Chemistry led to his English
translation of an important contribution on isotachophoresis. After November 1989,
the striking students of the Faculty of Education found in Dr. Dokulil their
first candidate for the post of Dean. As Chair, he founded a new Department of
Philosophy and Civics. In 1991 he served at the LSE in London. He gave lectures
abroad and qualified as Dr.Sc. A solemn nomination as Professor by President
Havel followed in 1993. During this period, Dr. Dokulil also published a book
on the philosophy of history, and one on tolerance. With two co-workers he
wrote a manual on modem Czechoslovak history in two volumes, which has been
reprinted in subsequent editions. Since 1995, he has been a member of the
Faculty of Informatics at Masaryk University in Brno. He is the co-editor and
co-author of the three-volume Ethics, published in 1998. In addition, he still
lectures full time on the Philosophy of Science, Language and the Mind. During
the last decennium, he either has been or still is a member of various academic
institutions and boards, starting at his home Masaryk University and including those of Charles University in
Prague and Palacky University in Olomouc. Dr. Dokulil has
published articles on Philosophy, Politics, Ethics, the Philosophy of Science,
the Philosophy of History, and Religion; additionally, he speaks several
languages, including German, Spanish, French and Russian. Dr. Dokulil is married to Ana Chudoba; they have a
daughter, Silvie, and a two grandchildren, Mariette and Filip. [ BWW Society Home Page ] © 2013 The Bibliotheque: World Wide Society |