17 research outputs found

    Community action: value or instrument? An ethics and planning critical review

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    The community concept has maintained a constant and growing interest in urban studies and many related fields. The origin of this continuing interest seems to derive from the importance of the concept of community within diverse forms of political language and interpretations within different planning practices. In this contribution, through the analysis of different ethical and planning theories, we want to provide an update framework on community action. According to this objective, the argumentation will proceed through a literature review on four ethics theories and three key aspects related to spatial planning, as well as matching this theoretical analysis with exemplifying practices. The final objective is to provide an original analysis on drivers and outcomesof different forms of community, raising general issues that refer to spatial planning, social organization and regulation

    Concentration or representation : the struggle for popular sovereignty

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    There is a tension in the notion of popular sovereignty, and the notion of democracy associated with it, that is both older than our terms for these notions themselves and more fundamental than the apparently consensual way we tend to use them today. After a review of the competing conceptions of 'the people' that underlie two very different understandings of democracy, this article will defend what might be called a 'neo-Jacobin' commitment to popular sovereignty, understood as the formulation and imposition of a shared political will. A people's egalitarian capacity to concentrate both its collective intelligence and force, from this perspective, takes priority over concerns about how best to represent the full variety of positions and interests that differentiate and divide a community

    The Recognition Theory of Rights, Customary International Law and Human Rights

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    This article addresses the most fundamental question in the philosophy of rights. If there are any moral rights, where do they come from and how do we acquire them? The difficulty of answering the question is compounded when asked in relation to universal rights and obligations where the international community in which they function is far less solidarist than at the domestic level. The suggestion is that while answers that presuppose something about the ontology of the person, such as an emphasis on basic needs, or inherent human dignity, are prevalent, they are a convenient fiction. It is contended that the rights recognition thesis, typically associated with British Idealism, is best exemplified with reference to common law theory, and customary international law, and provides a far more adequate account of what it means to have universal rights and obligations. It is suggested that customary international law functions in a similar way to how natural law used to function. The article concludes by emphasising the importance of customary international law in articulating the universal obligations of states and holding them to account for their actions. It addresses the question of what it means to have a universal right, and not what universal rights it is desirable to have
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