The Global Reach of Human Rights

We live in a world in which the idea of human rights is persistently invoked. However, despite the tremendous appeal of the idea of human rights, it is also seen by many as lacking in foundation. I have argued, particularly in my book The Idea of Justice, that human rights are best seen as articulations of commitments in social ethics, comparable to — but very different from — accepting utilitarian reasoning. Like other ethical tenets, human rights can, of course, be disputed, but the claim is that they will survive open and informed scrutiny. This view contrasts with seeing human rights in primarily legal terms, either as consequences of humane legislation, or as precursors of legal rights, or as pointing towards what should ideally be legal rights. Human rights may well be reflected in legislation, may inspire legislation, and may even serve, in many circumstances, as ideals that demand legislative attention. However, these are ‘further facts’— not the defining characteristics of human rights.     

Young people's experience of the Canadian youth justice system: interacting with police and legal counsel

Young people's knowledge and experience of the youth justice system was examined to explore self-reported factors that influenced their decisions regarding assertion versus waiver of rights to silence and legal counsel. Participants were 50 adolescents from Toronto, Canada ranging in age from 12 to 18 (mean age=15.6 years). Results of semi-structured interviews indicated that while over 60% of participants recalled being told of their rights to silence and counsel, three-quarters did not contact a lawyer at the police station and half of those asked by police answered their questions. Findings suggest that the awareness of due process rights is not sufficient to mitigate the atmosphere of coercion that characterizes the police station. Implications and limitations of the study are discussed.     

The Text Matters: Eye Movements Reflect the Cognitive Processing of Interrogation Rights

Suspects' decisions to waive or invoke interrogation rights have considerable impact on whether subsequent interrogations ensue, self‐incriminating information is offered, and in the case of innocent suspects, wrongful convictions occur. Although interrogation warnings differ in their text characteristics, empirically examining the influence of these text differences on suspects' ability to process and comprehend their rights has largely been neglected, which is especially problematic for vulnerable populations. Using a novel approach, we monitored the eye movements of 60 juveniles as they silently read different versions of Miranda warnings in order to investigate the relationship among text characteristics, processing difficulty, and comprehension problems. Results indicated that text characteristics were associated with processing difficulties and these processing difficulties were strongly correlated with comprehension of the warnings. Along with advancing basic and applied research programs, this approach can inform policy decisions and benefit vulnerable populations whose comprehension of interrogation rights is encumbered by legalese.Copyright © 2015 John Wiley & Sons, Ltd.     

Adjudicative competence and comprehension of Miranda rights in adolescent defendants: a comparison of legal standards

Currently, there is considerable variability and ambiguity in legal standards pertaining to juveniles' comprehension of Miranda rights and their adjudicative competence. This study investigated rates of impairment under various proposed legal standards. One hundred and fifty-two young defendants aged 11-17 were assessed with Grisso's Miranda Instruments and the Fitness Interview Test-Revised. While over half of defendants aged 15 and under were classified as impaired in adjudicative capacities when adult norms were applied, significantly fewer adolescents were classified as impaired when adolescent norms were applied or a standard of "basic understanding and communication." Also, while over half of defendants aged 15 and under were classified as impaired in their comprehension of Miranda rights when both understanding and appreciation of Miranda rights were required, significantly fewer youth were classified as being impaired when only understanding was required. The implications of these findings are discussed.     

Parallels in Preschoolers' and Adults' Judgments About Ownership Rights and Bodily Rights

Understanding ownership rights is necessary for socially appropriate behavior. We provide evidence that preschoolers' and adults' judgments of ownership rights are related to their judgments of bodily rights. Four‐year‐olds (n = 70) and adults (n = 89) evaluated the acceptability of harmless actions targeting owned property and body parts. At both ages, evaluations did not vary for owned property or body parts. Instead, evaluations were influenced by two other manipulations—whether the target belonged to the agent or another person, and whether that other person approved of the action. Moreover, these manipulations influenced judgments for owned objects and body parts in the same way: When the other person approved of the action, participants' judgments were positive regardless of who the target belonged to. In contrast, when that person disapproved, judgments depended on who the target belonged to. These findings show that young children grasp the importance of approval or consent for ownership rights and bodily rights, and likewise suggest that people's notions of ownership rights are related to their appreciation of bodily rights.     

A comparison of componential and traditional approaches to training reading skills

Primary school children with average intelligence and no oral language comprehension deficits—but who were 18 or more months behind their peers in reading comprehension—served as subjects in an evaluation of two approaches to reading remediation. Half the children received teacher-based tutoring using the DISTAR programme (Science Research Associates, 1983). The remaining students received practice on four computer games. These games were designed to improve performance on a set of information-processing components shown in previous research to have an important impact on reading comprehension. Training in both conditions focused mainly on word decoding and phonics. Although almost all students improved their reading comprehension test scores after training, the poorest readers made significantly greater gains in the componential training condition than in the DISTAR condition. These results demonstrate the effectiveness of the componential approach with a sample of specifically reading-disabled children. They also show that componential training can be a practical adjunct to a traditional tutoring programme.     

On Disjunctive Rights

This article examines the idea of disjunctive rights—an idea first suggested by Joel Feinberg and more recently advocated by Richard Arneson. Using a hypothetical scenario to bring forward a conflict between two rights that cannot be simultaneously fulfilled, the suggestion that the conflict can be solved by describing the right‐holders as holding disjunctive rights—rights that involve, in a significant way, a disjunction—is scrutinized. Several interpretations of the idea of disjunctive rights are examined from the perspectives of the interest theory and will theory of rights. Ultimately, the idea of disjunctive rights fails to provide an acceptable solution to the problem at hand, as each interpretation has unacceptable implications. This conclusion challenges the compossibilist thesis, according to which moral rights do not, ultimately, conflict. Alternatively, if one wishes to keep the possibility of compossibility and disjunctive rights, the mainstream theories of rights must be revised or rejected.     

School Counselors and Consultants: Legal Duties and Liabilities

This article provides an overview of legal issues and problems salient to school counselors who provide direct services to students or indirect services through consultation. Among legal issues addressed are privacy, confidentiality, and privilege—conceptually distinct topics that in practice often overlap. Also covered are legal duties pertaining to handling student records, conducting research projects, reporting child abuse, and testing and placing students. Among the legal liabilities discussed are those arising from contract, tort, and criminal law and from violations of federal constitutional and statutory rights.     

The ‘Notice to Detained Persons’, PACE Codes,and reading ease

This paper looks at the reading ease of the ‘Notice to Detained Persons’ and the PACE Codes of Practice. The documents were analysed by using the Flesch formula for reading ease (Flesch, 1948). The results indicate that the leaflet of Notice, given to arrested persons at police stations in order to advise them of their legal rights, would be fully understood by fewer than one in four of the general population. The Codes of Practice are even more complicated, and require substantially above-average intelligence and comprehension. An exploratory study into the comprehension complexity of the Notice to Detained Persons was carried out on 15 offenders with IQ values below 100. The results support the findings obtained by the Flesch formula, indicating that the Notice is far too complicated for the intellectually disadvantaged to understand their rights fully as outlined in the document. The implications of the findings are discussed.     

Rights and claims

Conclusion By way of conclusion, I have tried to show that rights do not come from nowhere, that is, rights are not sui generis. They come from claims. Rights do not make claims possible; rather claims make rights possible. For out of claims come claims to rights and from the welter of such claims to rights a legal system is established which, after sifting and refining, accepts some claims to rights and dignifies these as deeds, titles, rights and rejects others; and provides rules enabling persons to exercise their rights. A system of rights and rules thus generated gives one the right to make strong claims. Although having a right is not a condition for making a claim, having a right is necessary to sustain and appraise a claim. Appealing to rights enables us to distinguish weak from strong claims. For rights may sustain or rebut claims though they are not themselves claims.How can we appraise claims? A claim to implies a claim that, the latter being an outcome of the former. If the resulting claim is open to appraisal of the sustain/reject or true/false kind, then it is a claim in a sense other than a primitive cry in the wild. If one can go on to say of a claim that is open to appraisal that one has a right to make such a claim or that one has a strong claim, this is to give favorable, initial appraisal to a claim thus made; and is a claim not in a primitive but in a secondary and ultimately more significant sense.A slightly revised version of a paper read at the Long Island Philosophical Society, May 15, 1971. I wish to thank Lowell Kleinman, Alex Orenstein, Peter Manicas and Karsten Struhl for their helpful criticisms.     

Cultural Rights or Human Rights: The Case of Female Genital Mutilation

The Women's International Conference in1995 in Beijing proposed the idea that women's rights be considered within the category of general human rights. Our concepts about human rights are rooted in the liberal traditions of a relatively homogeneous Western culture. In recent years, however, this culture has become increasingly heterogeneous. As a result of this greater diversity of beliefs and subcultures, some interesting challenges to these liberal traditions have arisen. An example of where such challenge elicits particularly divergent views is the issue of female genital mutilation, where the social and cultural rights of various subgroups appear to conflict with concepts concerning the human rights of an individual. Thus, this issue challenges a number of beliefs, including aspects of multiculturalism and feminism. In this article, I first examine the problem of Female Genital Mutilation (FGM) within the context of multiculturalism, with particular emphasis upon feminism of women of color. Additionally, two opposing positions within the liberal multicultural approach—that of Kymlicka versus that of Kukathas—are then examined critically, and several rapprochements are offered. A final section focuses upon the implications of these issues for feminist women of color.     

Social Research in the Advancement of Children's Rights

This article argues that investigators doing developmental and social research with children have, for the most part, failed to acknowledge the inherent implications of their work for children's rights. The impact of these studies upon children's rights occurs at every stage; from hypothesis formulation to hypothesis testing to dissemination of findings. This paper addresses the issue in the context of developmental research on children's ability to report experienced events accurately. This particular research area has generated data that has been extrapolated to legal contexts and created a foundation for assumptions about the credibility of child witnesses. This in turn has had profound effects on children's right to be heard and the weight given to their testimony. The argument is made that there is a need for social scientists to explicitly articulate how their work may impact upon children's rights and what is in fact the social agenda in this regard underlying their research.     

Pre-adjudicative and adjudicative competence in juveniles and young adults

There are several different types of legal competence, such as competence to waive Miranda rights, competence to confess, and competence to stand trial. Although it can be surmised that many of the underlying factors that influence the different legal competencies are similar, little research has been conducted to empirically test this hypothesis. In the present study, juveniles' and young adults' understanding and appreciation of their Miranda rights and their ability to stand trial were measured. Age, suggestibility, average grades in school, and frequency of previous police involvement were also examined as possible factors that influence both types of legal knowledge. Results indicated that Miranda competence and adjudicative competence are indeed strongly related, especially for juveniles. Also, age and suggestibility were found to predict Miranda competence, whereas suggestibility and average school grades predicted competence to stand trial. Patterns of findings often diverged for juveniles and young adults. Implications for legal policy are discussed.     

Intention

This review examines outcomes, tensions, and variables contained in eight Canadian legal cases, which are important because of their profound implications for current and future stakeholders of Catholic education. These cases prompt educators to re-examine the understanding of student rights, teacher rights, and the rights of the Catholic school boards. It is not the intention as researchers and authors to defiantly question Catholic school boards’ authority to promote the Catholic religion; rather it is to contrast this authority with the rights of all citizens outlined within the Canadian Charter of Rights and Freedoms.     

Race, youth violence, and the changing jurisprudence of waiver

This article analyzes the legal history and jurisprudential theory of legislative offense-exclusion and prosecutorial waiver laws over the past quarter-century. Initially concerns about racial discrimination and civil rights motivated the Supreme Court in Kent v. United States to require due process in judicial waiver hearings. Offense-exclusion and "direct file" laws evolved and expanded in direct reaction to Kent as lawmakers sought simple and expedient alternatives to judicial waiver hearings. The "just deserts" sentencing movement of the 1970s, which advocated determinate and presumptive offense-based sentences, provided a conceptual alternative to judicial discretion and a jurisprudential rationale for offense exclusion laws. Research on delinquent and criminal careers in the 1970s, which initially promised empirically grounded selective incapacitation sentencing strategies, provided another conceptual foundation for offense-based waiver laws that focused on youths' prior records. Finally, offense exclusion provided a politically attractive strategy for "get tough" public officials who proposed to "crack down" on "baby boom" increases in youth crime. The jurisprudential shift in sentencing emphases from considerations of the offender to characteristics of the offense relocated waiver and sentencing discretion from judges to prosecutors. By the early 1990s, as a result of political "crack-downs" on youth crime, the scope of excluded offense legislation increased substantially, became overly inclusive and excessively rigid, and exhibited many of the negative features associated with mandatory sentencing laws.     

财产权批判的政治观念与历史方法

一、财产权问题的政治之维财富和财产权问题一直是西方学界的热点,近年来国内学界也开始予以关注。这是一个重要学术动向,因为现代社会是经济型社会,财富的生产及其占有既是这个社会的实体,也是它的首要目标。这决定了马克思历史唯物主义从经济角度对现代社会的批判性理解,需要在政治上落实于财产权问     

“Reading” Paintings: Evidence for Trans-Symbolic and Symbol-Specific Comprehension Processes

Art-based reading instruction and interventions for elementary and middle school students are growing in popularity despite scant theoretical rationale and empirical research support. This study explored the degree to which painting comprehension processes map onto text comprehension processes in this population. In particular, we used think aloud protocols to examine the painting comprehension processes used by 35 fourth-grade and 34 eighth-grade students and compared the manifest processes to the literature on text comprehension. Protocol analysis revealed six painting comprehension processes—observing, activating prior knowledge, inferring and interpreting, elaborating, evaluating and responding, and monitoring—comprising 23 subprocesses. Of the identified painting comprehension subprocesses, 17 are commonly associated with text comprehension. These findings suggest that compositions—be they encoded visually, linguistically, or in another symbol system—may entail comprehension processes that transcend symbol systems, as well as processes that are particular to a given symbol system.     

Corporations,Rights, and Lobbying

While there may be several practical concerns regarding the practice of corporate lobbying of government officials, there is the more basic question of a corporation’s moral right to do so. I argue that group agents such as corporations have no moral rights, and thereby cannot have the right to lobby. There may be a basis for some legal rights for corporations, but I argue that lobbying cannot be one of the legal rights, even by reference to the rights of the individuals that make up the corporation. I end the paper by a discussion of how this argument applies to all private organizations, including public interest organizations.     

Assessing reading comprehension with narrative and expository texts: Dimensionality and relationship with fluency,vocabulary and memory

Reading comprehension assessment should rely on valid instruments that enable adequate conclusions to be taken regarding students' reading comprehension performance. In this article, two studies were conducted to collect validity evidence for the vertically scaled forms of two Tests of Reading Comprehension for Portuguese elementary school students in the second to fourth grades, one with narrative texts (TRC‐n) and another with expository ones (TRC‐e). Two samples of 950 and 990 students participated in Study 1, the study of the dimensionality of the TRC‐n and TRC‐e forms, respectively. Confirmatory factor analyses provided evidence of an acceptable fit for the one‐factor solution for all test forms. Study 2 included 218 students to collect criterion‐related validity. The scores obtained in each of the test forms were significantly correlated with the ones obtained in other reading comprehension measures and with the results obtained in oral reading fluency, vocabulary and working memory tests. Evidence suggests that the test forms are valid measures of reading comprehension.     

从权利意识的视角看实践患者知情同意的文化障碍

实现知情同意权是对患者自主权利的尊重,但患者知情同意权的实现遇到诸多的文化障碍,从权利意识的视角看,主要来自于中国的一元社会结构、儒家文化和法律文化传统对个人权利诉求的影响,只有培养和提高患者权利意识,增强主体性和自主性,消除文化障碍,才能真正落实知情同意权。