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Book part
Publication date: 16 May 2017

Hugh Breakey

What is the relationship between human rights and corruption? This question can take different forms, including moral, legal, socio-political and economic variants. This paper…

Abstract

What is the relationship between human rights and corruption? This question can take different forms, including moral, legal, socio-political and economic variants. This paper focuses on two key moral questions, asking whether corruption can violate or impact on people’s natural rights (on the one hand) or human rights (on the other). In answer, I aim to establish a strong conceptual link between (a) corruption’s ‘abuse of entrusted power’; (b) the ‘arbitrary power’ targeted by natural rights theorists like John Locke and the broader republican tradition and (c) the ‘arbitrary interference’ with protected freedoms prohibited by the Universal Declaration of Human Rights. I argue that the deep thematic links between systemic corruption and violations of human rights are stronger than have hitherto been recognized. In the twenty-first century, corruption should be recognized as a ‘standard threat’ (in Shue’s sense) to human flourishing and protected freedoms, vindicating the human right to freedom from systemic corruption.

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Responsible Leadership and Ethical Decision-Making
Type: Book
ISBN: 978-1-78714-416-3

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Article
Publication date: 1 September 1996

Ellen S. O’Connor

Revisits works considered as foundational to management theory and practice. Argues that Taylor, Fayol and Follett work to legitimize management as a body of knowledge, as a…

1983

Abstract

Revisits works considered as foundational to management theory and practice. Argues that Taylor, Fayol and Follett work to legitimize management as a body of knowledge, as a practice, and as a profession ‐ and further, as a utopian resolution of conflicts between workers and managers. Methodology is based on techniques of textual analysis and thus also discusses the contribution of such approaches to management history and the relationship of this analysis of Taylor, Fayol and Follett to contemporary themes in management theory and practice.

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Journal of Management History, vol. 2 no. 3
Type: Research Article
ISSN: 1355-252X

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Abstract

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Documents related to John Maynard Keynes, institutionalism at Chicago & Frank H. Knight
Type: Book
ISBN: 978-1-78350-061-1

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Abstract

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Documents on and from the History of Economic Thought and Methodology
Type: Book
ISBN: 978-1-84663-909-8

Article
Publication date: 12 November 2018

Cosmas Ikegwuruka

It has been argued that the UK has the reputation of operating a complex set of immigration laws to the extent that the constantly changing laws and regulations lead much to…

Abstract

Purpose

It has been argued that the UK has the reputation of operating a complex set of immigration laws to the extent that the constantly changing laws and regulations lead much to confusion and lack of accountability. It has further been argued that the ever-increasing and shifting pattern of deportation laws (some of which are retroactive) violates the basic principles of human rights norms. This paper aims to raise the query as to whether legislation associated with deportation is constantly enacted and revised to achieve deportation without regard to the remit of the doctrine of legitimate expectation encapsulated under the principle of legal certainty.

Design/methodology/approach

This research applies the doctrinal research methodology in addition to somewhat reliance on anecdotal evidence. Doctrinal research is library-based and reliance will be placed on primary and secondary materials such as legislations, case laws, soft laws on the one hand and textbooks, journals, articles, legal encyclopaedia, databases and many valuable websites on the other hand.

Findings

While it is accepted that the State enjoys the discretion or prerogative to deport migrants that violate the State’s immigration laws, the author posits that the issue of constant changes breed uncertainty, which in turn breeds unpredictability leading to unaccountability. Drawing on the UK’s state practice, the author will submit that contrivance of deportability and/or removability is adumbrated by the legal production of migrant irregularity exemplified by inconsistent and uncertain laws that vary like the “Chancellor’s foot”. In addition, the research found that crimmigration heightened the velocity of deportation by expanding deportability grounds by way of triggering broader, harsher and more frequent criminal consequences leading to conviction, thereby creating a suitable avenue for deportation and reducing the scope for challenging deportation decisions.

Originality/value

The research is an original piece of work that contributes to scholarship and knowledge in the area of migration as it concerns international human rights law given that wider matters within the boundaries of immigration and nationality laws do have effect on individual possession of rights to be in the UK, by way of lawful presence or as a matter of discretion.

Details

International Journal of Law and Management, vol. 60 no. 6
Type: Research Article
ISSN: 1754-243X

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Book part
Publication date: 28 August 2019

Thomas Walsh and Rory Mc Daid

This chapter explores the issue of ethnic diversity and race discrimination among elementary school teachers in Ireland. It examines both the historical precedents of this…

Abstract

This chapter explores the issue of ethnic diversity and race discrimination among elementary school teachers in Ireland. It examines both the historical precedents of this discrimination and uses the current experiences of Immigrant Internationally Educated Teachers (IIETs) living in Ireland to explore the phenomenon contemporaneously. The chapter begins by delineating the historical context of immigration in Ireland and more recent population data. It then explores the relevant legislative provisions to address employment and race discrimination in the Irish context. Owing to the deep-seated and historical origins of the current race discrimination, a particular focus is placed on delineating the evolution of the selection and recruitment of elementary teachers in Ireland imbued with the right to teach in elementary schools. Drawing on data ascertained through semi-structured interviews with a range of IIETs, positioned within the aforementioned analyses of relevant historical documents, the chapter then moves to explore some experiences of IIETs seeking to work in the Irish elementary school system. The chapter analyses these data through a Bourdieuian lens, paying particular attention to ways in which power has been, and continues to be, exercised by the State in regulating access to prestigeful mainstream teaching positions. The chapter proceeds to root these analyses within Kitching’s work on ‘race moves’, arguing that immigrant teachers have been racialized as other on the basis of an absence of proficiency in the Irish language.

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Race Discrimination and Management of Ethnic Diversity and Migration at Work
Type: Book
ISBN: 978-1-78714-594-8

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Article
Publication date: 4 November 2014

Awal Hossain Mollah

The purpose of this paper is to evaluate the role of judicial activism as a golden mean approach of judiciary in protecting and promoting human rights from illegitimate…

Abstract

Purpose

The purpose of this paper is to evaluate the role of judicial activism as a golden mean approach of judiciary in protecting and promoting human rights from illegitimate interferences of government. With this aim, several case studies have been done on verdicts of higher judiciary in Bangladesh.

Design/methodology/approach

This paper is an exploratory case study focused on Bangladesh. The paper is qualitative in nature and based on secondary sources of published facts like books, journal articles and Dhaka Law Reports. Information also gathered through Internet browsing.

Findings

Though judiciary is very effective to protect and promote human rights and rule of law in a country through judicial activism or public interest litigation, the role of non-governmental organizations (NGOs) are crucial in Bangladesh. Delay and disposal of cases is one of the great impediments in the process of ensuring human rights in Bangladesh. Besides, negligence in implement the verdict of judiciary and interferences of executive over judiciary is another finding of this paper. Apart from these shortcomings, judicial activism is a very important potential instrument of judiciary to protect and promote human rights and the rule of law in Bangladesh.

Research limitations/implications

The major limitation of this paper is it is based on secondary sources of information. It would have more rich if periodical data can be used for comparing theory and practice.

Practical implications

This paper would be helpful for making a policy for overcoming limitations of judicial activism in Bangladesh to protect and promote human rights.

Social implications

Social awareness can be build-up through NGOs and readers by disseminating and penetrating information of this paper’s findings and recommendations.

Originality/value

This paper would an unique and add new knowledge in the literature of public interest litigation and Human Rights Law in the context of Bangladesh.

Details

International Journal of Law and Management, vol. 56 no. 6
Type: Research Article
ISSN: 1754-243X

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Book part
Publication date: 1 June 2011

Ross B. Emmett

N.B. The more I reflect about economic ethics and social criticism, the clearer it is that socialism, equalitarianism, and radicalism egregiously neglect this aspect of the…

Abstract

N.B. The more I reflect about economic ethics and social criticism, the clearer it is that socialism, equalitarianism, and radicalism egregiously neglect this aspect of the “competitive system.” Two questions: how far the things is a game, as against a means of providing real goods, and what kind of a game, how good, and how to make it better. It is undoubtedly true to some extent that people need to be taught to be and to be “better sports” when they come out at the little end of inequality.

Details

Frank H. Knight in Iowa City, 1919–1928
Type: Book
ISBN: 978-1-78052-009-4

Article
Publication date: 17 June 2021

Sheshadri Chatterjee and Sreenivasulu N.S.

The purpose of this study is to investigate the impact of artificial intelligence (AI) on the human rights issue. This study has also examined issues with AI for business and its…

1386

Abstract

Purpose

The purpose of this study is to investigate the impact of artificial intelligence (AI) on the human rights issue. This study has also examined issues with AI for business and its civil and criminal liability. This study has provided inputs to the policymakers and government authorities to overcome different challenges.

Design/methodology/approach

This study has analysed different international and Indian laws on human rights issues and the impacts of these laws to protect the human rights of the individual, which could be under threat due to the advancement of AI technology. This study has used descriptive doctrinal legal research methods to examine and understand the insights of existing laws and regulations in India to protect human rights and how these laws could be further developed to protect human rights under the Indian jurisprudence, which is under threat due to rapid advancement of AI-related technology.

Findings

The study provides a comprehensive insight on the influence of AI on human rights issues and the existing laws in India. The study also shows different policy initiatives by the Government of India to regulate AI.

Research limitations/implications

The study highlights some of the key policy recommendations helpful to regulate AI. Moreover, this study provides inputs to the regulatory authorities and legal fraternity to draft a much-needed comprehensive policy to regulate AI in the context of the protection of human rights of the citizens.

Originality/value

AI is constantly posing entangled challenges to human rights. There is no comprehensive study, which investigated the emergence of AI and its influence on human rights issues, especially from the Indian legal perspective. So there is a research gap. This study provides a unique insight of the emergence of AI applications and its influence on human rights issues and provides inputs to the policymaker to help them to draft an effective regulation on AI to protect the human rights of Indian citizens. Thus, this study is considered a unique study that adds value towards the overall literature.

Details

International Journal of Law and Management, vol. 64 no. 1
Type: Research Article
ISSN: 1754-243X

Keywords

Content available
Book part
Publication date: 16 May 2017

Abstract

Details

Responsible Leadership and Ethical Decision-Making
Type: Book
ISBN: 978-1-78714-416-3

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