Search results for "rights"
showing 10 items of 884 documents
The Strange Case of the Protective Perimeter: Liberties and Claims to Non-Interference
2011
In this paper I aim at pointing out some difficulties raised by the so-called thesis of the protective perimeter of liberties (ToPP), that is: the thesis according to which: neither a privilege necessarily involves a claim to non-interference, nor a claim to non-interference necessarily presupposes a privilege. As to the first aspect of the thesis, I argue that it relies on a misleading concept of ‘interference with a liberty’, which surfaces in the examples to which the thesis is made applicable. As to the second aspect of the thesis, I argue that the idea of someone having a claim to be unimpeded in wronging another person is a misleading description of the situation taken into considerat…
Antigone, today
2020
The tragedy of Antigone revolves around the theme of conflict. Both the version written by Sophocles and the one by Jean Anouilh are mainly focused on conflicts. The conflict between Antigone and Creon is real and symbolic at the same time. It is the conflict between a woman’s body and the law, between women’s and men’s conditions, between two anthropologies. It is also a conflict between two opposite ethical perspectives, and two opposite political visions. It is the conflict between the rule of individuals and the rule of laws, between non-violence and violence, social responsibility and individual egoism, and self-identification and identity. The conflict between Antigone and Creon is th…
Juridiskā zinātne, Nr. 10
2017
The Journal No. 10 is financed by the project of Latvian Council of Science “The Experience, Lessons and International Importance of the Restoration of Latvia’s Independent Statehood (Historical, Political and Legal Aspects)”
Diritto di sciopero e servizi pubblici essenziali
2015
The right to strike became a constitutional right in Italy only in 1948, when the Italian Constitution was approved; however it was necessary to wait more than forty years to put this right into effect. Indeed, only in 1990 was Law no. 146, regarding the public services right to strike, approved, and subsequently reformed ten years later, with Law no. 83. The Italian constitutional system the right includes the right to strike as one of many such rights, and it, therefore, has to be balanced with other individual rights, such as the right to free movement or the right access health care. A special body has the task of balancing the right to strike with other constitutional rights, that is t…
In light of the ends. Copyright hysteresis and private copy exception after the British Academy of Songwriters, Composers and Authors (BASCA) and oth…
2015
In British Academy of Songwriters, Composers and Authors (BASCA) and others v Secretary of State for Business, Innovation and Skills, the High Court of Justice in matter of private copy exception provides the twofold prime opportunity to shed light on the state of the art of copyright in the UK and to flesh out the idea of 'legal hysteresis’. I support the reintroduction of the private copy exception, possibly in a less narrow fashion, and I explain the reasons why I am confident that my expectations will be fulfilled.
Brevi note comparatistiche in tema di suicidio assistito
2019
The essay focuses on the legitimacy of assisted suicide in Italy and in England and Wales, particularly with regard to patients suffering from severe pain from incurable or terminal illnesses. In two recent cases (Cappato and Nicklinson), both Italian and English judges suggested to the Parliament to modify the current state of the law, without making a declaration of incompatibility with Article 8 of the Convention. The paper compares the approach of Corte Costituzionale and UK Supreme Court to the issue, revealing the ambiguity hidden behind those common decisions.
Manipulation in late life
2019
AbstractWhile youth language constitutes a well-researched field of study, the linguistic manipulations of old people remain understudied. In an innovative approach, the present paper therefore looks at confusing and allegedly unintelligible narratives and conscious linguistic manipulations, silliness and concealing strategies in language as employed by elderly speakers of Kinyabwisha, Kinande, Kihunde and Kiswahili in Eastern DR Congo. A secret cursing register among Banyabwisha, often accompanied by practices of spitting, is analyzed; I also discuss elderly speakers’ confusing stories narrated to younger people, the use of secret modal particles that are restricted to people of old age, a…
Policies of Refugee Settlement and Integration in Europe: the Cases of Portugal and Finland
2019
Abstract Though geographically distant from each other, Portugal and Finland present an interesting comparison concerning the policies and devices of asylum. Both provide an informed and critical appraisal of the current international response to the refugee issue, especially considering the European Union. The Finnish situation evidences a long-standing integrated resettlement frame, associated with the inclusive and pluralistic character of Nordic immigration policies, in spite of the growing threat of regression under the emergent xenophobic pressure. Unlike Portugal, where a finely-tuned response system is still lacking in spite of the existence of an assumed political will and commitme…
“Narrative Museums” and Curators’ Rights: The Protection of a Museum Exhibition and Its Scenario under Polish Law
2020
Since at least the 1990s, museums have expanded to cover a variety of societal functions, often enabling inclusive and participatory spaces for critical dialogue about the past and the future, and bridging together various narratives and cultural experiences, contributing to social cohesion and reconciliation. The new functions of museums, involving novel technological forms of display and communication, pose several legal questions concerning the management of such institutions, their resources, and exhibitions, including issues of copyright and other intellectual property rights. While referring to a recent case concerning an alleged infringement of the moral rights of the authors of the …
Unfair play? Video games as exploitative monetized services: An examination of game patents from a consumer protection perspective
2019
Video games as a consumer product have changed significantly with the advent of in-game purchasing systems (e.g., microtransactions, ‘loot boxes’). This review examines consumer protections related to in-game purchasing by anticipating some of the potential design strategies that might contribute to higher risk consumer behavior. Attention was directed towards the analysis of patents for potential in-game purchasing systems, with 13 identified on Google Patents. The design features were analysed in relation to the consumer rights and guarantees described in the terms of use agreements of the patent assignees. The analysis revealed that some in-game purchasing systems could be characterized …