Part 21: (Self Love, the Natural Master and the Natural Slave?): Dialogues on a Philosophy for the Individual

(Pix (c) Larry Catá Backer 2015)

With this post Flora Sapio and I (and friends from time to time) continue an experiment in collaborative dialogue. The object is to approach the issue of philosophical inquiry from another, and perhaps more fundamentally ancient, manner. We begin, with this post, to develop a philosophy for the individual that itself is grounded on the negation of the isolated self as a basis for thought, and for elaboration. This conversation, like many of its kind, will develop naturally, in fits and starts. Your participation is encouraged. For ease of reading Flora Sapio is identified as (FS), and Larry Catá Backer as (LCB).

The friends continue their discussion around the problem of the individual and the liberation project, and particularly the problem of the individual self in which the friends touch on the issue of narcissism and the self.

Contents: HERE. 

Part 20: (The Natural Slave and the Old Philosophy?): Dialogues on a Philosophy for the Individual

(Pix (c) Larry Catá Backer 2015)

With this post Flora Sapio and I (and friends from time to time) continue an experiment in collaborative dialogue. The object is to approach the issue of philosophical inquiry from another, and perhaps more fundamentally ancient, manner. We begin, with this post, to develop a philosophy for the individual that itself is grounded on the negation of the isolated self as a basis for thought, and for elaboration. This conversation, like many of its kind, will develop naturally, in fits and starts. Your participation is encouraged. For ease of reading Flora Sapio is identified as (FS), and Larry Catá Backer as (LCB).

The friends continue their discussion around the problem of the individual and the liberation project and in which Paul Van Fleet (PVF) responds to Flora Sapio.

Contents: HERE. 

Part 19: (The Natural Slave and the Old Philosophy?): Dialogues on a Philosophy for the Individual

(Pix (c) Larry Catá Backer 2015)

With this post Flora Sapio and I (and friends from time to time) continue an experiment in collaborative dialogue. The object is to approach the issue of philosophical inquiry from another, and perhaps more fundamentally ancient, manner. We begin, with this post, to develop a philosophy for the individual that itself is grounded on the negation of the isolated self as a basis for thought, and for elaboration. This conversation, like many of its kind, will develop naturally, in fits and starts. Your participation is encouraged. For ease of reading Flora Sapio is identified as (FS), and Larry Catá Backer as (LCB).

The friends continue their discussion around the problem of the individual and the liberation project and in which Flora Sapio (FS) responds to Beitita Horm Pepulim and Larry Catá Backer.

Contents: HERE. 

Call for Parallel Sessions--4th Annual United Nations Forum on Business and Human Rights

The Working Group on business and human rights has the pleasure to invite States, business, civil society and other stakeholders to the:

Fourth annual United Nations Forum on Business and Human Rights
16 to 18 November 2015
Palais des Nations, Geneva, Switzerland
http://www.ohchr.org/2015ForumBHR

The Working Group aims to repeat the success of the 2014 Forum in involving stakeholders in the organization of parallel sessions, and would like to  invite States, business, civil society and other stakeholders to submit proposals for parallel sessions
http://www.ohchr.org/EN/Issues/Business/Forum/Pages/ParallelSession2015.aspx

For any queries related to the fourth annual Forum, please contact forumbhr@ohchr.org.  

                                                                                                                                     

 Spanish and French versions of  the invitation follow

Part 18: (The Natural Slave and the Old Philosophy?): Dialogues on a Philosophy for the Individual

(Pix (c) Larry Catá Backer 2015)

With this post Flora Sapio and I (and friends from time to time) continue an experiment in collaborative dialogue. The object is to approach the issue of philosophical inquiry from another, and perhaps more fundamentally ancient, manner. We begin, with this post, to develop a philosophy for the individual that itself is grounded on the negation of the isolated self as a basis for thought, and for elaboration. This conversation, like many of its kind, will develop naturally, in fits and starts. Your participation is encouraged. For ease of reading Flora Sapio is identified as (FS), and Larry Catá Backer as (LCB).

The friends continue their discussion around the problem of the individual and the liberation project, in which Betita Horn Pepulim (BHP) responds to Larry Catá Backer's critique of the "old" philosophers and the old philosophy as inadequate to the task at hand. 

Contents: HERE. 

New Paper Posted: Fractured Territories and Abstracted Terrains: Human Rights Governance Regimes Within and Beyond the State

(Pix (c) Larry Catá Backer 2015)

I will be participating in a Colloquium hosted by the Stellenbosch Institute for Advanced Study (South Africa), convened by Hans Lindahl and Daniel Augenstein of Tilburg Law School (Netherlands). It takes place 27-28 March 2015. The Colloquium, entitled "Global Human Rights Law and the Boundaries of Statehood", proposes to inquire how legal human rights responses to violations committed in the course of global business operations transform the boundaries of statehood constitutive of the international order of states.

For the colloquium I have prepared a conference paper,  Fractured Territories and Abstracted Terrains: Human Rights Governance Regimes Within and Beyond the State, which I have posted to the Social Science Research Network.  It is in preliminary form and would profit by comments and critiques. The abstract follows, along with the Colloquium concept paper and program. The paper may be downloaded here.

Part 17: (The Natural Slave?): Dialogues on a Philosophy for the Individual

(Pix (c) Larry Catá Backer 2015)

With this post Flora Sapio and I (and friends from time to time) continue an experiment in collaborative dialogue. The object is to approach the issue of philosophical inquiry from another, and perhaps more fundamentally ancient, manner. We begin, with this post, to develop a philosophy for the individual that itself is grounded on the negation of the isolated self as a basis for thought, and for elaboration. This conversation, like many of its kind, will develop naturally, in fits and starts. Your participation is encouraged. For ease of reading Flora Sapio is identified as (FS), and Larry Catá Backer as (LCB).

The friends continue their discussion around the problem of natural slaves in which Betita Horn Pepulim (BHP) responds to Larry Catá Backer (LCB) and Flora Sapio (FS).  

Contents: HERE. 

Part 16: (The Natural Slave?): Dialogues on a Philosophy for the Individual

(Pix (c) Larry Catá Backer 2015)

With this post Flora Sapio and I (and friends from time to time) continue an experiment in collaborative dialogue. The object is to approach the issue of philosophical inquiry from another, and perhaps more fundamentally ancient, manner. We begin, with this post, to develop a philosophy for the individual that itself is grounded on the negation of the isolated self as a basis for thought, and for elaboration. This conversation, like many of its kind, will develop naturally, in fits and starts. Your participation is encouraged. For ease of reading Flora Sapio is identified as (FS), and Larry Catá Backer as (LCB).

The friends continue their discussion around the problem of natural slaves and in which the friends banter, joined by a new friend, Robert Mariott. 

Contents: HERE. 

2014 Annual Report of the Danish National Contact Point Now Available

(Pix (c) Larry Catá Backer 2015)

The remedial pillar of the the UN Guiding Principles for Business and Human Rights speaks not just to the use of state based remedial mechanisms, mostly national judicial systems. It also speaks to emerging international mechanisms for dispute resolution that are not law based, but may effectively provide a space within which the grievances of parties may be heard and remediation attempted outside the the constraints of the national legal orders of states.

Though a move toward a unified mechanism for interpretation of the UNGP remains only a theoretical possibility at the moment (see here), other coherence enhancing efforts have begun to emerge. Among the more promising mechanisms, though one still very early in its development (see here), are the so-called (and oddly named) National Contact Points, units established within member states of the Organization for Economic Cooperation and Development for the purpose, among others, of facilitating complaints (specific actions) brought to it alleging breaches of the OECD Guidelines for Multinational Enetrprises. The Guidelines themselves incorporate in substantial part (in new Chapter IV) the essence of the U.N. Guiding Principle0s autonomous second pillar enterprise responsibility to respect human rights.

The Danish Mediation and Complaints-Handling Institution for Responsible Business Conduct (the Danish NCP) has published Annual Report 2014. The Annual Report provides a useful summary of the activities of the Danish NCP, activities that one hopes will grow as the mechanism becomes more widely known and more readily used. Most interesting was the inclusion, for this year for the first time, of a general statement relating to a topic that was considered as part of a specific instance. It represents an effort to provide guidance to enterprises without assuming the forms of judicial opinions, but with the same guiding effect as the reasoning of common law cases. This year's general statement, concerning the retention of employees' identity papers, follows:

Part 15: (The Natural Slave?): Dialogues on a Philosophy for the Individual

(Pix (c) Larry Catá Backer 2015)

With this post Flora Sapio and I (and friends from time to time) continue an experiment in collaborative dialogue. The object is to approach the issue of philosophical inquiry from another, and perhaps more fundamentally ancient, manner. We begin, with this post, to develop a philosophy for the individual that itself is grounded on the negation of the isolated self as a basis for thought, and for elaboration. This conversation, like many of its kind, will develop naturally, in fits and starts. Your participation is encouraged. For ease of reading Flora Sapio is identified as (FS), and Larry Catá Backer as (LCB).

The friends continue their discussion about natural slaves and the individual in which Flora Sapio (FS) responds to the previous discussion and Larry Catá Backer considers one of the points raised.

Contents: HERE. 

Part 14: (The Natural Slave?): Dialogues on a Philosophy for the Individual

(Pix (c) Larry Catá Backer 2015)

With this post Flora Sapio and I (and friends from time to time) continue an experiment in collaborative dialogue. The object is to approach the issue of philosophical inquiry from another, and perhaps more fundamentally ancient, manner. We begin, with this post, to develop a philosophy for the individual that itself is grounded on the negation of the isolated self as a basis for thought, and for elaboration. This conversation, like many of its kind, will develop naturally, in fits and starts. Your participation is encouraged. For ease of reading Flora Sapio is identified as (FS), and Larry Catá Backer as (LCB).

The friends continue their discussion in which Paul Van Fleet (PVF) and Betita Horn Pepulim (BHP) consider other aspects of the natural slave and Larry Cata Backer (LCB) responds briefly.

Contents: HERE. 

On Legislating the Corporate Responsibility to Respect Human Rights--A Set Back in Switzerland

 (Pix (c) Larry Catá Backer 2015)

The UN Guiding Principles for Business and Human Rights was endorsed unanimously in June 2011 by the UN Human Rights Council.  The Guiding Principles distinguish between a state duty to protect human rights, grounded in the obligation of states to apply their own laws and constitutional systems, and to abide by their obligations under international law relating to human rights and business, and a corporate responsibility to respect human rights, grounded in an autonomous obligation to ensure that in their operations these enterprises respect international human rights norms and law.  

Since their endorsement there has been little by way of agreement on the path that the operationalization of the Guidelines should take, the meaning of the Guidelines or the role of states and enterprises in the development and enforcement of governance systems that may take on the character of law or of societally mandatory rules developed by non-state actors. See here and here and here.

One of the more interesting recent developments has seen states turn away from any serious effort to order their own domestic legal orders in light of substantive international law, and to strengthen their domestic judicial systems to afford greater remedial protections, in favor of seeking somehow to extend the regulation of the corporate responsibility to respect human rights within the law of states. The effect, of course, would produce as great an incoherent patchwork of law relating to corporate responsibility reporting as it has produced a patchwork of domestically cognizable bits and pieces of international human rights law within the disparate domestic legal orders of states with quite distinct tastes for law and for human rights.  This is most acutely felt in the context of legislating corporate human rights due diligence.  The effort propduces great press, and is useful in managing mass emotions, to great political effect.  It is of dubious utility for the task fo developing a coherent and comparable global system for enterprise human rights due dilifgence.

The politics of this great distraction has recently played out in Switzerland,  There follows a description of the events provided by The Swiss Coalition for Corporate Justice (SCCJ) is a coalition of 60 development and human rights organizations, environmental and women’s organizations, trade unions, church groups and critical shareholder associations. The Coalition advocates for clear rules for international companies, so that they must respect human rights and environmental standards worldwide

Part 13: (The Natural Slave?): Dialogues on a Philosophy for the Individual

(Pix (c) Larry Catá Backer 2015)

With this post Flora Sapio and I (and friends from time to time) continue an experiment in collaborative dialogue. The object is to approach the issue of philosophical inquiry from another, and perhaps more fundamentally ancient, manner. We begin, with this post, to develop a philosophy for the individual that itself is grounded on the negation of the isolated self as a basis for thought, and for elaboration. This conversation, like many of its kind, will develop naturally, in fits and starts. Your participation is encouraged. For ease of reading Flora Sapio is identified as (FS), and Larry Catá Backer as (LCB).

The friends continue their discussion in which Betita Horn Pepulim (BHP)  considers the possibility of natural slaves in more detail and Larry Backer (LCB) responds.

Contents: HERE. 

Part 12: (Whose Project; Does the Individual Exist; the Natural Slave?): Dialogues on a Philosophy for the Individual

(Pix (c) Larry Catá Backer 2015)

With this post Flora Sapio and I (and friends from time to time) continue an experiment in collaborative dialogue. The object is to approach the issue of philosophical inquiry from another, and perhaps more fundamentally ancient, manner. We begin, with this post, to develop a philosophy for the individual that itself is grounded on the negation of the isolated self as a basis for thought, and for elaboration. This conversation, like many of its kind, will develop naturally, in fits and starts. Your participation is encouraged. For ease of reading Flora Sapio is identified as (FS), and Larry Catá Backer as (LCB).

The friends continue their discussion. Flora Sapio starts to take up Larry's reference to Aristotle's natural slaves and Betita Horn Pepulim makes a point.

Contents: HERE. 

Part 11: (Whose Project; Does the Individual Exist?): Dialogues on a Philosophy for the Individual

(Pix (c) Larry Catá Backer 2015)

With this post Flora Sapio and I (and friends from time to time) continue an experiment in collaborative dialogue. The object is to approach the issue of philosophical inquiry from another, and perhaps more fundamentally ancient, manner. We begin, with this post, to develop a philosophy for the individual that itself is grounded on the negation of the isolated self as a basis for thought, and for elaboration. This conversation, like many of its kind, will develop naturally, in fits and starts. Your participation is encouraged. For ease of reading Flora Sapio is identified as (FS), and Larry Catá Backer as (LCB).

We continue with the discussion among Flora Sapio Larry Catá Backer, Paul Van Fleet and Betita Horn Pepulim in which the friends consider the value of education and the context of the discussion.

 Contents: HERE.

Just Published: "International Financial Institutions (IFIs) and Sovereign Wealth Funds"

 

I am pleased to announce the publication of the article, "International Financial Institutions (IFIs) and Sovereign Wealth Funds" which has been published in the International Review of Law (Qatar) vol. 2015.

The abstract follows along with the other articles that make up the symposium in which it appears.  All of the articles are open source and may be downloaded.  Special thanks  to the issue's Guest Editor, Joel Slawotsky, of the Radzyner School of Law (IDC), Herzilya, Israel, Academic College of Law and Business, Ramat Gan, Israel, Haim Striks Law School, Rishon L’Zion, Israel, who has gone to every length to ensure the successful completion of this symposium issue

Part 10: (Whose Project; Does the Individual Exist?): Dialogues on a Philosophy for the Individual

(Pix (c) Larry Catá Backer 2015)

With this post Flora Sapio and I (and friends from time to time) continue an experiment in collaborative dialogue. The object is to approach the issue of philosophical inquiry from another, and perhaps more fundamentally ancient, manner. We begin, with this post, to develop a philosophy for the individual that itself is grounded on the negation of the isolated self as a basis for thought, and for elaboration. This conversation, like many of its kind, will develop naturally, in fits and starts. Your participation is encouraged. For ease of reading Flora Sapio is identified as (FS), and Larry Catá Backer as (LCB).

We continue with the discussion among Flora Sapio Larry Catá Backer, Paul Van Fleet and Betita Horn Pepulim in which Paul van Fleet considers the problem of liberation of individuals even within their societal cage.

Contents: HERE. 

Part 9: (Whose Project; Does the Individual Exist?): Dialogues on a Philosophy for the Individual

(Pix (c) Larry Catá Backer 2015)

With this post Flora Sapio and I (and friends from time to time) continue an experiment in collaborative dialogue. The object is to approach the issue of philosophical inquiry from another, and perhaps more fundamentally ancient, manner. We begin, with this post, to develop a philosophy for the individual that itself is grounded on the negation of the isolated self as a basis for thought, and for elaboration. This conversation, like many of its kind, will develop naturally, in fits and starts. Your participation is encouraged. For ease of reading Flora Sapio is identified as (FS), and Larry Catá Backer as (LCB).

We continue with the discussion among Flora Sapio Larry Catá Backer, Paul Van Fleet and Betita Horn Pepulim in which the friends discuss the value of participation in this enterprise whose borders are not fixed.

Contents: HERE.

Part 8: (Whose Project; Does the Individual Exist?): Dialogues on a Philosophy for the Individual

(Pix (c) Larry Catá Backer 2015)

With this post Flora Sapio and I (and friends from time to time) continue an experiment in collaborative dialogue. The object is to approach the issue of philosophical inquiry from another, and perhaps more fundamentally ancient, manner. We begin, with this post, to develop a philosophy for the individual that itself is grounded on the negation of the isolated self as a basis for thought, and for elaboration. This conversation, like many of its kind, will develop naturally, in fits and starts. Your participation is encouraged. For ease of reading Flora Sapio is identified as (FS), and Larry Catá Backer as (LCB).

We continue with the discussion among Flora Sapio Larry Catá Backer, Paul Van Fleet and Betita Horn Pepulim.

 Contents: HERE.

Part 7: (Whose Project; Does the Individual Exist?): Dialogues on a Philosophy for the Individual

(Pix (c) Larry Catá Backer 2015)

With this post Flora Sapio and I (and friends from time to time) continue an experiment in collaborative dialogue. The object is to approach the issue of philosophical inquiry from another, and perhaps more fundamentally ancient, manner. We begin, with this post, to develop a philosophy for the individual that itself is grounded on the negation of the isolated self as a basis for thought, and for elaboration. This conversation, like many of its kind, will develop naturally, in fits and starts. Your participation is encouraged. For ease of reading Flora Sapio is identified as (FS), and Larry Catá Backer as (LCB).

We continue with the discussion with Flora Sapio's response to points raised in Part  2 and  Part 3 and responses to Larry Catá Backer, Paul Van Fleet and Betita Horn Pepulim.

Contents: HERE. 

Part 5 (Marxism-Leninism With Chinese Characteristics)--On a Constitutional Theory for China--From the General Program of the Chinese Communist Party to Political Theory

(Pix (c) Larry Catá Backer 2015)

This Blog Essay site devotes every February to a series of integrated but short essays on a single theme. For 2015 this site introduces a new theme: On a Constitutional Theory for China--From the General Program of the Chinese Communist Party to Political Theory.

This Post includes Part 5, Marxism-Leninism with Chinese Characteristics. It considers Paragraph 3 of the General Program.

Table of Contents 

On China's New Ideological Line--The Four Comprehensives in the Shadow of the Three Represents (Or Refining Socialist Modernization in a Rule of Law Vanguard Party State)

(Pix (c) Larry Catá Backer 2015)

China Digital Times recently reported (Feb. 25, 2015):

Shortly after becoming General Secretary of the CCP in late 2012, Xi Jinping began promoting the “Chinese Dream,” a vaguely defined slogan to represent his leadership aspirations and the political ideology of his administration. Xi Jinping has now unveiled a list to be added to the cache of numbered catchphrases used by Party leaders to denote their political philosophies: the “Four Comprehensives.” T

The Four Comprehensives focus the present administration's policy choices (within the constraints of the CCP's General Program) within four major projects (projects that have been developed since the administration of Deng Xiaoping):

1. Comprehensively archive (build/ construct and complete the construction) a moderately prosperous society
2. Comprehensively deepen reform
3. Comprehensively govern the nation according to law
4 Comprehensively strictly govern the Party

The Four Comprehensives are built within the shadow of the Three Represents and the principles of scientific development. Their shadow is a long and powerful one. This post makes an initial effort to contextualize Xi Jinging's first full blown expression of the policy (politics) of his administration. My thanks ot Shan Gao, part of the team at the Coalition for Peace and Ethics, for his contribution to this post.

Part XXXII (32) Zhiwei Tong (童之伟) Series: "Fundamental Understanding must be Installed for Full and Effective Implementation of the Constitution"

(Zhiwei Tong, PIX (c) Larry Catá Backer)

For 2012, this site introduced the thought of Zhiwei Tong (童之伟), one of the most innovative scholars of constitutional law in China. Professor Tong has been developing his thought in part in a essay site that was started in 2010. See, Larry Catá Backer, Introducing a New Essay Site on Chinese Law by Zhiwei Tong, Law at the End of the Day, Oct. 16, 2010. Professor Tong is on the faculty of law at East China University of Political Science and Law. He is the Chairman of the Constitution Branch of the Shanghai Law Society and the Vice Chairman of the Constitution Branch of the China Law Society. The Series continues.

The Zhiwei Tong (童之伟) Series focuses on translating some of Professor Tong's work on issues of criminal law and justice in China, matters that touch on core constitutional issues. Each of the posting will include an English translation from the original Chinese, the Chinese original and a link to the original essay site. Many of the essays will include annotations that may also be of interest. I hope those of you who are interested in Chinese legal issues will find these materials, hard to get in English, of use. I am grateful to my research assistants, YiYang Cao, Bo Wang, and Zhichao Yi for their able work in translating these essays.


TABLE OF CONTENTS FOR THE SERIES AVAILABLE HERE. For this contribution to the Zhiwei Tong (童之伟) Series /(Part XXXI) we translate (via Shan Gao):

Fundamental Understanding must be Installed for Full and Effective Implementation of the Constitution   (March 4, 2015).

ORIGINAL CHINESE VERSION HERE [全面有效实施宪法须确立的基本认知]

Part 6: (Does the Individual Exist?): Dialogues on a Philosophy for the Individual

(Pix (c) Larry Catá Backer 2015)

With this post Flora Sapio and I (and friends from time to time) continue an experiment in collaborative dialogue. The object is to approach the issue of philosophical inquiry from another, and perhaps more fundamentally ancient, manner. We begin, with this post, to develop a philosophy for the individual that itself is grounded on the negation of the isolated self as a basis for thought, and for elaboration. This conversation, like many of its kind, will develop naturally, in fits and starts. Your participation is encouraged. For ease of reading Flora Sapio is identified as (FS), and Larry Catá Backer as (LCB).

We continue with the discussion with a consideration of a question that follows from the preliminary question (whose project is this anyway?) to consider the related question that gets us closer to the heart of our discussion--Does the individual exist?  If the individual exists are there more than one type or how do we deal with Aristotle's idea of the natural slave and the natural aristocrat? Flora Sapio started us off and Betita Horm Pepulum (BHP) joins in, and Paul Van Fleet (PVF) responds to Flora's inquiry as to the distinctness of "is-ness" from the individual.

Contents: HERE.

Part 4 (From Prologue to Whose Project is this Anyway): Dialogues on a Philosophy for the Individual

(Pix (c) Larry Catá Backer 2015)

With this post Flora Sapio and I (and friends from time to time) continue an experiment in collaborative dialogue. The object is to approach the issue of philosophical inquiry from another, and perhaps more fundamentally ancient, manner. We begin, with this post, to develop a philosophy for the individual that itself is grounded on the negation of the isolated self as a basis for thought, and for elaboration. This conversation, like many of its kind, will develop naturally, in fits and starts. Your participation is encouraged. For ease of reading Flora Sapio is identified as (FS), and Larry Catá Backer as (LCB).

We continue with the discussion around the preliminary question as a sort of prologue and foundation--whose project is this anyway? We are joined by friends, Betita Horn Pepulim (BHP) (Brazil, Fundação Catarinense de Cultura) and Paul van Fleet (PVF).

Contents: HERE.

Part 5 (Does the Individual Exist?): Dialogues on a Philosophy for the Individual

(Pix (c) Larry Catá Backer 2015)

With this post Flora Sapio and I (and friends from time to time) continue an experiment in collaborative dialogue. The object is to approach the issue of philosophical inquiry from another, and perhaps more fundamentally ancient, manner. We begin, with this post, to develop a philosophy for the individual that itself is grounded on the negation of the isolated self as a basis for thought, and for elaboration. This conversation, like many of its kind, will develop naturally, in fits and starts. Your participation is encouraged. For ease of reading Flora Sapio is identified as (FS), and Larry Catá Backer as (LCB).

We continue with the discussion with a consideration of a question that follows from the preliminary question (whose project is this anyway?) to consider the related question that gets us closer to the heart of our discussion--Does the individual exist?  If the individual exists are there more than one type or how do we deal with Aristotle's idea of the natural slave and the natural aristocrat? Flora Sapio starts us off.

Contents: HERE.

Part 3 (Whose Project is this Anyway): Dialogues on a Philosophy for the Individual

(Pix (c) Larry Catá Backer 2015)

With this post Flora Sapio and I (and friends from time to time) continue an experiment in collaborative dialogue. The object is to approach the issue of philosophical inquiry from another, and perhaps more fundamentally ancient, manner. We begin, with this post, to develop a philosophy for the individual that itself is grounded on the negation of the isolated self as a basis for thought, and for elaboration. This conversation, like many of its kind, will develop naturally, in fits and starts. Your participation is encouraged. For ease of reading Flora Sapio is identified as (FS), and Larry Catá Backer as (LCB).

We continue with the discussion around the preliminary question as a sort of prologue and foundation--whose project is this anyway? We are joined by a friend, Betita Horn Pepulim (Brazil, Fundação Catarinense de Cultura).
Contents: HERE.

Daniel Ivo Odon on the Human Rights Jus Comune in South America (O jus commune dos Direitos Humanos na América do Sul)

Daniel Ivo Odon, my SJD student at Penn State Law and the winner of the inaugural Mauricio Correa Human Rights Award from the Brazilian Bar Association, has written a short essay, Human Rights Jus Comune in South America. The essay describes an important development among the judiciaries of important South American states, the move toward a coordination of approaches to core issues of human rights. That coordination continues a generation long process of networked intermeshing among judiciaries that may go a long way toward the harmonization of approaches to issues toucvhing on human rights within the sometimes quite distinctive domestic legal orders of states. To that end, the OAS system appears to be playing an increasingly important role as coordinator, as source of technical assistance, and as a nexus point for the development of consensus approaches to issues among participating OAS states.  The essay is also important for an important judiciary noticeable by its absence--that of the United States.  Increasingly isolated, the U.S. courts continue to look inward for the development of a jurisprudence with transnational significance increasingly disconnected from the developments of other judiciaries.

The essay appears below in both English and Portuguese.

Zeid Ra'ad al Hussein: Presentation of report on OHCHR activities Human Rights Council session in Geneva 3 March 2015

(Pix (c) Larry Catá Backer 2015)

The High Commissioner for Human Rights, Zeid Ra'ad al Hussein, has delivered his Report to the Human Rights Council on the activities of his office.  The Statement in advance of that presentation follows below.  The presentation serves as a useful roadmap for charting those areas of greatest interest to the international human rights mechanisms in Geneva.  The roadmap suggests that, read broadly enough, human rights issues infect virtually every place on earth.

The statement is far more interesting for for literary elements than for its substance, all of which had been carefully developed to avoid offense and to send out signals within the opaque and quite interesting world of United Nations Geneva politics, and none of which was particularly striking.  The reason for the avoidance of the striking, of the provocation--in the face of the numerous provocations described--was to produce an extraordinary beautiful and mellifluous, from a literary perspective performance, one that conformed to the ancient rules of balance, symmetry and harmony. Yet that symmetry tends to flatten out themes, as they play against each other. The interplay of terrorism themes against counter themes flatten discourse (one cannot judge the relative value of specific violations against each other to determine a hierarchy of terror) and advance the argument that one cannot exist without the other. And thus we are offered a classical symphony on terror, balancing for every theme on one end a counter theme on another into a harmonious whole for which only multilateral activity might produce the appropriate resolution. And that moves the UNHCHR to shift his gaze, and the direction of the melody, from external to internal themes. For if the interlinked balance of wrongs require a networked aggregated right, then the point of aggregation must be centered in Geneva, and to that end the office of the UNHCHR must be reworked to further that end.  For harmonious societies a harmonious an equally harmonious OHCHR is required. 

March Newsletter from John Knox, Independent Expert on Human Rights and the Environment--From Mapping to Good Practices:

John H. Knox, UN Independent Expert on Human Rights and the Environment and Henry C. Lauerman Professor of International Law has been advancing his mandate. (See HERE, HERE, and HERE).

(John Knox)

Professor Knox recently provided a report of his activities in his role as U.N. Independent Expert, which I have re-posted here. Also included is Professor Knox's third annual report to the Human Rights Council, the summary with links also follows.

The focus of this report is on good practices (Compilation of good practices (A/HRC/28/61) available for the moment only in English). Professor Knox paints with a broad brush, seeking to develop a discussion, perhaps interlinked, among both public and private actors respecting human rights and environmental policy-making. From out of a series of consultations, he has identified more than 100 of these good practices. These are organized into nine categories: (a) procedural obligations generally; (b) the obligation to make environmental information public; (c) the obligation to facilitate public participation in environmental decision-making; (d) the obligation to protect the rights of expression and association; (e) the obligation to provide access to legal remedies; (f) substantive obligations; (g) obligations relating to non-State actors; (h) obligations relating to transboundary harm; and (i) obligations relating to those in vulnerable situations.

We look forward to seeing how this raw material may be molded, and what that molding tells us about the shape of transnational human rights policy as it continues to take on a distinct form in this century, especially where the efforts of governments, civil society actors and enterprises interlink.

Part 2 (Whose Project is this Anyway): Dialogues on a Philosophy for the Individual

(Pix (c) Larry Catá Backer 2015)

With this post Flora Sapio and I continue an experiment in collaborative dialogue.  The object is to approach the issue of philosophical inquiry from another, and perhaps more fundamentally ancient, manner. We begin, with this post, to develop a philosophy for the individual that itself is grounded on the negation of the isolated self as a basis for thought, and for elaboration. This conversation, like many of its kind, will develop naturally, in fits and starts.  Your participation is encouraged.  For ease of reading Flora Sapio is identified as (FS), and Larry Catá Backer as (LCB).

Contents: HERE.

Part I (Whose Project is this Anyway): Dialogues on a Philosophy for the Individual

(Pix (c) Larry Catá Backer 2015)

With this post Flora Sapio and I continue an experiment in collaborative dialogue.  The object is to approach the issue of philosophical inquiry from another, and perhaps more fundamentally ancient, manner. We begin, with this post, to develop a philosophy for the individual that itself is grounded on the negation of the isolated self as a basis for thought, and for elaboration. This conversation, like many of its kind, will develop naturally, in fits and starts.  Your participation is encouraged.  For ease of reading Flora Sapio is identified as (FS), and Larry Catá Backer as (LCB).

Contents: HERE.

Part 4 (The CCP's Guidebook)--On a Constitutional Theory for China--From the General Program of the Chinese Communist Party to Political Theory

(Pix (c) Larry Catá Backer 2015)

This Blog Essay site devotes every February to a series of integrated but short essays on a single theme. For 2015 this site introduces a new theme: On a Constitutional Theory for China--From the General Program of the Chinese Communist Party to Political Theory.

This Post includes Part 4, The Structuring the CCP's Guidebook.  It considers Paragraph 2 of the General Program.

 Table of Contents

Zeid Ra'ad Al Hussein's Statement at the Opening of the Human Rights Council

(Pix (c) Larry Catá Backer 2015)

The Human Rights Council again begins its meetings.  It remains, as it has been for many years, a meeting point of contradictions. Those contradictions have been structural for several generations, and are manifested in the necessity of dividing the entirety of human rights in the Universal Declaration of Human Rights into an International Covenant of Civil and Political Rights on the one hand, and an International Covenant  of Economic, Social and Cultural Rights, on the other.  And beyond those, and increasingly diverse and fragmented set of elaborations on these basic rights to suit emerging tastes for the management of human behaviors through public ordering.

The contradiction plays out over and over within the Human Rights Council--as do others evident in the sometimes veiled but pointed address of the High Commissioner for Human Rights set out below.Yet, as one reads what follows, consider again the structural element in what has become a more or less standard rhetorical trope in the conversations between a High Commissioner for Human Rights ans the states which both support and constrain the international structures they have created to suit their own, cross, purposes.  Consider as well, the value of the equilibrium made possible, through the OHCH of the structural tensions thus maintained.

Prologue: Dialogues on a Philosophy for the Individual

With this post Flora Sapio and I start an experiment in collaborative dialogue.  The object is to approach the issue of philosophical inquiry from another, and perhaps more fundamentally ancient, manner. We begin, with this post, to develop a philosophy for the individual that itself is grounded on the negation of the isolated self as a basis for thought, and for elaboration. This conversation, like many of its kind, will develop naturally, in fits and starts.  Your participation is encouraged.

Contents:

--Prologue
--Part I (Whose Project is this Anyway?)
--Part 2 (Whose Project is this Anyway?)
--Part 3  (Whose Project is this Anyway?)
--Part 4 (Whose Project is this Anyway?)
--Part 5 (Does the Individual Exist?)
--Part 6 (Does the Individual Exist?)
--Part 7 (Whose Project; Does the Individual Exist?)
--Part 8 (Whose Project; Does the Individual Exist?)
--Part 9 (Whose Project; Does the Individual Exist?)
--Part 10 (Whose Project; Does the Individual Exist?)
--Part 11 (Whose Project; Does the Individual Exist?)
--Part 12 (Whose Project; Does the Individual Exist; the Natural Slave?)
--Part 13 (The Natural Slave?)
--Part 14 (The Natural Slave?)
--Part 15  (The Natural Slave?)
--Part 16 (The Natural Slave?)
--Part 17 (The Natural Slave?)
--Part 18 (The Natural Slave and the Old Philosophy?)
--Part 19 (The Natural Slave and the Old Philosophy?)
--Part 20 (The Natural Slave and the Old Philosophy?)
--Part 21 (Self Love, the Natural Master, and the Natural Slave?)
--Part 22 (Self Love, the Natural Master, and the Natural Slave?)
--Part 23 (Self Love, the Natural Master, and the Natural Slave?)
--Part 24 (Self Love, Compassion and the Self)
--Part 25 (Self Love, Compassion and the Self
--Part 26 (Self Love, Compassion and the Self)
--Part 27 (Coupling, does the individual exist only in relation to something else?)
--Part 28 (Coupling; Narcissus, the Other, and Compassion)
--Part 29 (Coupling; Narcissus, the Other, and Compassion)
--Part 30 (Coupling; Narcissus, the Other, and Compassion)
--Part 31 (Coupling, Narcissus, and the Depressed Academic)
--Part 32 (Narcissus and Talismans)
--Part 33 (Narcissus, Talismans and Cognition)
--Part 34 (Narcissus, Talismans and Cognition)
--Part 35 (Narcissus, Talismans, Cognition and the Depressed Academic)
--Part 36 (Narcissus, Talismans, Cognition and the Depressed Academic)
--Part 37 (Narcissus, Talismans, and Cognition)
--Part 38 (Narcissus, Talismans and Cognition)
--Part 39 (Narcissus, Talismans, Cognition, and Resistance)
--Part 40 (Cognition and the Contextual Self)
--Part 41 (Prometheus and the COntextual Self)
--Part 42 (Obergefell v. Hodges (Gay Marriage), the Contextual Self and the Self Coupled)
--Part 43 (Obergefell v. Hodges (Gay Marriage), the Contextual Self and the Self Coupled)
--Part 44 (Marriage, the Contextual Self and the Self Coupled)
--Part 45 (Obergefell v. Hodges (Gay Marriage), the Contextual Self and the Self Coupled)
--Part 46 (The Self Coupled--of Moths, Torture and the Social Self)
--Part 47 (The Self Coupled; Harm, Torture, and the Educated Social Self)
--Part 48 (The Self Coupled and Satan--Harm, Torture and the Educated Social Self)
--Part 49 (The Self Coupled and Satan--Harm, Pragmatism and the Social Self)
--Part 50

Part 3 (The CCP and Its Vanguard Role)--On a Constitutional Theory for China--From the General Program of the Chinese Communist Party to Political Theory

(Pix (c) Larry Catá Backer 2015)

This Blog Essay site devotes every February to a series of integrated but short essays on a single theme. For 2015 this site introduces a new theme: On a Constitutional Theory for China--From the General Program of the Chinese Communist Party to Political Theory.

This Post includes Part 3, The CCP and Its Vanguard Role.  It considers Paragraph 1 of the General Program.

Table of Contents