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Saturday, April 10, 2021

Thomas Robert Malthus

From Wikipedia, the free encyclopedia
 
Thomas Robert Malthus

Thomas Robert Malthus Wellcome L0069037 -crop.jpg
Portrait by John Linnell

Born13/14 February 1766
Died23 December 1834 (aged 68)
Spouse(s)
Harriet Eckersall
(m. 1804)
Children3

Field
School or
tradition
Classical economics
Alma materJesus College, Cambridge
Influences
ContributionsMalthusian growth model

Thomas Robert Malthus FRS (/ˈmælθəs/; 13/14 February 1766 – 23 December 1834) was an English cleric, scholar and influential economist in the fields of political economy and demography.

In his 1798 book An Essay on the Principle of Population, Malthus observed that an increase in a nation's food production improved the well-being of the population, but the improvement was temporary because it led to population growth, which in turn restored the original per capita production level. In other words, humans had a propensity to utilize abundance for population growth rather than for maintaining a high standard of living, a view that has become known as the "Malthusian trap" or the "Malthusian spectre". Populations had a tendency to grow until the lower class suffered hardship, want and greater susceptibility to famine and disease, a view that is sometimes referred to as a Malthusian catastrophe. Malthus wrote in opposition to the popular view in 18th-century Europe that saw society as improving and in principle as perfectible.

Malthus saw population growth as being inevitable whenever conditions improved, thereby precluding real progress towards a utopian society: "The power of population is indefinitely greater than the power in the earth to produce subsistence for man". As an Anglican cleric, he saw this situation as divinely imposed to teach virtuous behaviour. Malthus wrote that "the increase of population is necessarily limited by the means of subsistence"; "population does invariably increase when the means of subsistence increase"; and "the superior power of population is repressed by moral restraint, vice and misery".

Malthus criticized the Poor Laws for leading to inflation rather than improving the well-being of the poor. He supported taxes on grain imports (the Corn Laws). His views became influential and controversial across economic, political, social and scientific thought. Pioneers of evolutionary biology read him, notably Charles Darwin and Alfred Russel Wallace. Malthus' failure to predict the industrial revolution was a frequent criticism of his theories.

Malthus laid the "...theoretical foundation of the conventional wisdom that has dominated the debate, both scientifically and ideologically, on global hunger and famines for almost two centuries." He remains a much-debated writer.

Early life and education

The sixth child of Henrietta Catherine Graham and Daniel Malthus, Robert Malthus grew up in The Rookery, a country house in Westcott, near Dorking in Surrey. William Petersen describes Daniel Malthus as "a gentleman of good family and independent means [...] [and] a friend of David Hume and Jean-Jacques Rousseau". The young Malthus received his education at home in Bramcote, Nottinghamshire, and then at the Warrington Academy from 1782. Warrington was a dissenting academy, which closed in 1783. Malthus continued for a period to be tutored by Gilbert Wakefield, who had taught him there.

Malthus entered Jesus College, Cambridge, in 1784. While there, he took prizes in English declamation, Latin and Greek, and graduated with honours, Ninth Wrangler in mathematics. His tutor was William Frend. He took the MA degree in 1791, and was elected a Fellow of Jesus College two years later. In 1789, he took orders in the Church of England, and became a curate at Oakwood Chapel in the parish of Wotton, Surrey.

Population growth

Essay on the principle of population, 1826

Malthus was a demographer before he was ever considered an economist. He first came to prominence for his 1798 publication, An Essay on the Principle of Population. In it, he raised the question of how population growth related to the economy. He affirmed that there were many events, good and bad, that affected the economy in ways no one had ever deliberated upon before. The main point of his essay was that population multiplies geometrically and food arithmetically, therefore whenever the food supply increases, population will rapidly grow to eliminate the abundance. Eventually in the future, there would not be enough food for the whole of humanity to consume and people would starve. Until that point, the more food made available, the more the population would increase. He also stated that there was a fight for survival amongst humans and that only the strong who could attain food and other needs would survive, unlike the impoverished population he saw during his time period.

Malthus wrote the original text in reaction to the optimism of his father and his father's associates (notably Jean-Jaques Rousseau) regarding the future improvement of society. He also constructed his case as a specific response to writings of William Godwin (1756–1836) and of the Marquis de Condorcet (1743–1794). His assertions evoked questions and criticism, and between 1798 and 1826 he published six more versions of An Essay on the Principle of Population, updating each edition to incorporate new material, to address criticism, and to convey changes in his own perspectives on the subject. Even so, the propositions made in An Essay were shocking to the public and largely disregarded during the 19th century. The negativity surrounding his essay created a space filled with opinions on population growth, connected with either praise or criticism of ideas about contraception and the future of agriculture.

The Malthusian controversy to which the Essay gave rise in the decades following its publication tended to focus attention on the birth rate and marriage rates. The neo-Malthusian controversy, comprising related debates of many years later, has seen a similar central role assigned to the numbers of children born. On the whole it may be said that Malthus's revolutionary ideas in the sphere of population growth remain relevant to economic thought even today and continue to make economists ponder about the future.

Travel and further career

In 1799, Malthus made a European tour with William Otter, a close college friend, travelling part of the way with Edward Daniel Clarke and John Marten Cripps, visiting Germany, Scandinavia and Russia. Malthus used the trip to gather population data. Otter later wrote a Memoir of Malthus for the second (1836) edition of his Principles of Political Economy. During the Peace of Amiens of 1802 he travelled to France and Switzerland, in a party that included his relation and future wife Harriet.

In 1803, he became rector of Walesby, Lincolnshire.

In 1805, Malthus became Professor of History and Political Economy at the East India Company College in Hertfordshire. His students affectionately referred to him as "Pop", "Population", or "web-toe" Malthus.

Near the end of 1817, the proposed appointment of Graves Champney Haughton to the college was made a pretext by Randle Jackson and Joseph Hume to launch an attempt to close it down. Malthus wrote a pamphlet defending the college, which was reprieved by the East India Company within the same year, 1817.

In 1818, Malthus became a Fellow of the Royal Society.

Malthus–Ricardo debate on political economy

During the 1820s, there took place a setpiece intellectual discussion among the exponents of political economy, often called the Malthus–Ricardo debate after its leading figures, Malthus and theorist of free trade David Ricardo, both of whom had written books with the title Principles of Political Economy. Under examination were the nature and methods of political economy itself, while it was simultaneously under attack from others. The roots of the debate were in the previous decade. In The Nature of Rent (1815), Malthus had dealt with economic rent, a major concept in classical economics. Ricardo defined a theory of rent in his Principles of Political Economy and Taxation (1817): he regarded rent as value in excess of real production—something caused by ownership rather than by free trade. Rent therefore represented a kind of negative money that landlords could pull out of the production of the land, by means of its scarcity. Contrary to this concept, Malthus proposed rent to be a kind of economic surplus.

The debate developed over the economic concept of a general glut, and the possibility of failure of Say's Law. Malthus laid importance on economic development and the persistence of disequilibrium. The context was the post-war depression; Malthus had a supporter in William Blake, in denying that capital accumulation (saving) was always good in such circumstances, and John Stuart Mill attacked Blake on the fringes of the debate.

Ricardo corresponded with Malthus from 1817 about his Principles. He was drawn into considering political economy in a less restricted sense, which might be adapted to legislation and its multiple objectives, by the thought of Malthus. In Principles of Political Economy (1820) and elsewhere, Malthus addressed the tension, amounting to conflict he saw between a narrow view of political economy and the broader moral and political plane. Leslie Stephen wrote:

If Malthus and Ricardo differed, it was a difference of men who accepted the same first principles. They both professed to interpret Adam Smith as the true prophet, and represented different shades of opinion rather than diverging sects.

It is now considered that the different purposes seen by Malthus and Ricardo for political economy affected their technical discussion, and contributed to the lack of compatible definitions. For example, Jean-Baptiste Say used a definition of production based on goods and services and so queried the restriction of Malthus to "goods" alone.

In terms of public policy, Malthus was a supporter of the protectionist Corn Laws from the end of the Napoleonic Wars. He emerged as the only economist of note to support duties on imported grain. By encouraging domestic production, Malthus argued, the Corn Laws would guarantee British self-sufficiency in food.

Later life

Malthus was a founding member in 1821 of the Political Economy Club, where John Cazenove tended to be his ally against Ricardo and Mill. He was elected in the beginning of 1824 as one of the ten royal associates of the Royal Society of Literature. He was also one of the first fellows of the Statistical Society, founded in March 1834. In 1827 he gave evidence to a committee of the House of Commons on emigration.

In 1827, he published Definitions in Political Economy The first chapter put forth "Rules for the Definition and Application of Terms in Political Economy". In chapter 10, the penultimate chapter, he presented 60 numbered paragraphs putting forth terms and their definitions that he proposed should be used in discussing political economy following those rules. This collection of terms and definitions is remarkable for two reasons: first, Malthus was the first economist to explicitly organize, define, and publish his terms as a coherent glossary of defined terms; and second, his definitions were for the most part well-formed definitional statements. Between these chapters, he criticized several contemporary economists—Jean-Baptiste Say, David Ricardo, James Mill, John Ramsay McCulloch, and Samuel Bailey—for sloppiness in choosing, attaching meaning to, and using their technical terms.

McCulloch was the editor of The Scotsman of Edinburgh and replied cuttingly in a review printed on the front page of his newspaper in March 1827. He implied that Malthus wanted to dictate terms and theories to other economists. McCulloch clearly felt his ox gored, and his review of Definitions is largely a bitter defence of his own Principles of Political Economy, and his counter-attack "does little credit to his reputation", being largely "personal derogation" of Malthus. The purpose of Malthus's Definitions was terminological clarity, and Malthus discussed appropriate terms, their definitions, and their use by himself and his contemporaries. This motivation of Malthus's work was disregarded by McCulloch, who responded that there was nothing to be gained "by carping at definitions, and quibbling about the meaning to be attached to" words. Given that statement, it is not surprising that McCulloch's review failed to address the rules of chapter 1 and did not discuss the definitions of chapter 10; he also barely mentioned Malthus's critiques of other writers.

In spite of this and in the wake of McCulloch's scathing review, the reputation of Malthus as economist dropped away for the rest of his life. On the other hand, Malthus did have supporters, including Thomas Chalmers, some of the Oriel Noetics, Richard Jones and William Whewell from Cambridge.

Malthus died suddenly of heart disease on 23 December 1834 at his father-in-law's house. He was buried in Bath Abbey. His portrait, and descriptions by contemporaries, present him as tall and good-looking, but with a cleft lip and palate. The cleft palate affected his speech: such birth defects had occurred before amongst his relatives.

Family

On 13 March 1804, Malthus married Harriet, daughter of John Eckersall of Claverton House, near Bath. They had a son and two daughters. His first born Henry became vicar of Effingham, Surrey in 1835 and of Donnington, Sussex in 1837; he married Sofia Otter (1807–1889), daughter of Bishop William Otter and died in August 1882, aged 76. His middle child Emily died in 1885, outliving her parents and siblings. The youngest Lucille died unmarried and childless in 1825, months before her 18th birthday.

An Essay on the Principle of Population

Malthus argued in his Essay (1798) that population growth generally expanded in times and in regions of plenty until the size of the population relative to the primary resources caused distress:

Yet in all societies, even those that are most vicious, the tendency to a virtuous attachment [i.e., marriage] is so strong that there is a constant effort towards an increase of population. This constant effort as constantly tends to subject the lower classes of the society to distress and to prevent any great permanent amelioration of their condition.

— Malthus, T. R. 1798. An Essay on the Principle of Population. Chapter II, p. 18 in Oxford World's Classics reprint.

Malthus argued that two types of checks hold population within resource limits: positive checks, which raise the death rate; and preventive ones, which lower the birth rate. The positive checks include hunger, disease and war; the preventive checks: birth control, postponement of marriage and celibacy.

The rapid increase in the global population of the past century exemplifies Malthus's predicted population patterns; it also appears to describe socio-demographic dynamics of complex pre-industrial societies. These findings are the basis for neo-malthusian modern mathematical models of long-term historical dynamics.

Malthus wrote that in a period of resource abundance, a population could double in 25 years. However, the margin of abundance could not be sustained as population grew, leading to checks on population growth:

If the subsistence for man that the earth affords was to be increased every twenty-five years by a quantity equal to what the whole world at present produces, this would allow the power of production in the earth to be absolutely unlimited, and its ratio of increase much greater than we can conceive that any possible exertions of mankind could make it ... yet still the power of population being a power of a superior order, the increase of the human species can only be kept commensurate to the increase of the means of subsistence by the constant operation of the strong law of necessity acting as a check upon the greater power.

— Malthus T. R. 1798. An Essay on the Principle of Population. Chapter 2, p. 8

In later editions of his essay, Malthus clarified his view that if society relied on human misery to limit population growth, then sources of misery (e.g., hunger, disease, and war) would inevitably afflict society, as would volatile economic cycles. On the other hand, "preventive checks" to population that limited birthrates, such as later marriages, could ensure a higher standard of living for all, while also increasing economic stability. Regarding possibilities for freeing man from these limits, Malthus argued against a variety of imaginable solutions, such as the notion that agricultural improvements could expand without limit.

Of the relationship between population and economics, Malthus wrote that when the population of laborers grows faster than the production of food, real wages fall because the growing population causes the cost of living (i.e., the cost of food) to go up. Difficulties of raising a family eventually reduce the rate of population growth, until the falling population again leads to higher real wages.

In the second and subsequent editions Malthus put more emphasis on moral restraint as the best means of easing the poverty of the lower classes."

Editions and versions

  • 1798: An Essay on the Principle of Population, as it affects the future improvement of society with remarks on the speculations of Mr. Godwin, M. Condorcet, and other writers.. Anonymously published.
  • 1803: Second and much enlarged edition: An Essay on the Principle of Population; or, a view of its past and present effects on human happiness; with an enquiry into our prospects respecting the future removal or mitigation of the evils which it occasions. Authorship acknowledged.
  • 1806, 1807, 1816 and 1826: editions 3–6, with relatively minor changes from the second edition.
  • 1823: Malthus contributed the article on Population to the supplement of the Encyclopædia Britannica.
  • 1830: Malthus had a long extract from the 1823 article reprinted as A summary view of the Principle of Population.

Other works

1800: The present high price of provisions

In this work, his first published pamphlet, Malthus argues against the notion prevailing in his locale that the greed of intermediaries caused the high price of provisions. Instead, Malthus says that the high price stems from the Poor Laws, which "increase the parish allowances in proportion to the price of corn." Thus, given a limited supply, the Poor Laws force up the price of daily necessities. However, he concludes by saying that in time of scarcity such Poor Laws, by raising the price of corn more evenly, actually produce a beneficial effect.

1814: Observations on the effects of the Corn Laws

Although government in Britain had regulated the prices of grain, the Corn Laws originated in 1815. At the end of the Napoleonic Wars that year, Parliament passed legislation banning the importation of foreign corn into Britain until domestic corn cost 80 shillings per quarter. The high price caused the cost of food to increase and caused distress among the working classes in the towns. It led to serious rioting in London and to the Peterloo Massacre in Manchester in 1819.

In this pamphlet, printed during the parliamentary discussion, Malthus tentatively supported the free-traders. He argued that given the increasing cost of growing British corn, advantages accrued from supplementing it from cheaper foreign sources.

1820: Principles of political economy

In 1820 Malthus published Principles of Political Economy. (A second edition was posthumously published in 1836.) Malthus intended this work to rival Ricardo's Principles (1817). It, and his 1827 Definitions in political economy, defended Sismondi's views on "general glut" rather than Say's Law, which in effect states "there can be no general glut".[citation needed]

Other publications

  • 1807. A letter to Samuel Whitbread, Esq. M.P. on his proposed Bill for the Amendment of the Poor Laws. Johnson and Hatchard, London.
  • 1808. Spence on Commerce. Edinburgh Review 11, January, 429–448.
  • 1808. Newneham and others on the state of Ireland. Edinburgh Review 12, July, 336–355.
  • 1809. Newneham on the state of Ireland, Edinburgh Review 14 April, 151–170.
  • 1811. Depreciation of paper currency. Edinburgh Review 17, February, 340–372.
  • 1812. Pamphlets on the bullion question. Edinburgh Review 18, August, 448–470.
  • 1813. A letter to the Rt. Hon. Lord Grenville. Johnson, London.
  • 1817. Statement respecting the East-India College. Murray, London.
  • 1821. Godwin on Malthus. Edinburgh Review 35, July, 362–377.
  • 1823. The Measure of Value, stated and illustrated
  • 1823. Tooke – On high and low prices. Quarterly Review, 29 (57), April, 214–239.
  • 1824. Political economy. Quarterly Review 30 (60), January, 297–334.
  • 1829. On the measure of the conditions necessary to the supply of commodities. Transactions of the Royal Society of Literature of the United Kingdom. 1, 171–180. John Murray, London.
  • 1829. On the meaning which is most usually and most correctly attached to the term Value of a Commodity. Transactions of the Royal Society of Literature of the United Kingdom. 2, 74–81. John Murray.

Reception and influence

Malthus developed the theory of demand-supply mismatches that he called gluts. Discounted at the time, this theory foreshadowed later work by an admirer, John Maynard Keynes.

The vast bulk of continuing commentary on Malthus, however, extends and expands on the "Malthusian controversy" of the early 19th century.

In popular culture

  • Ebenezer Scrooge from A Christmas Carol by Charles Dickens represents the perceived ideas of Malthus, famously illustrated by his explanation as to why he refuses to donate to the poor and destitute: "If they would rather die they had better do it, and decrease the surplus population". In general, Dickens had some Malthusian concerns (evident in Oliver Twist, Hard Times and other novels), and he concentrated his attacks on Utilitarianism and many of its proponents, like Jeremy Bentham, whom he thought of, along with Malthus, as unjust and inhumane.
  • In Brave New World by Aldous Huxley, a dystopian novel set in a World State which controls reproduction, women wear the "Malthusian belt," containing "the regulation supply of contraceptives."
  • In the musical Urinetown, written by Greg Kotis and Mark Hollmann, the characters live in a society in which a fee must be paid in order to urinate, for a drought has made water incredibly scarce. A revolution starts with a "pee for free" agenda. At the end of the show, the revolution wins but the characters end up dying because water was not being conserved, unlike when the 'pee fee' was in place. The penultimate line is "Hail Malthus!"
  • In the film Avengers: Infinity War, the main villain called Thanos appears to be motivated by Malthusian views about population growth, and commits universal mass genocide known as The Blip.

Epitaph

The epitaph of Malthus just inside the entrance to Bath Abbey

The epitaph of Malthus in Bath Abbey reads [with commas inserted for clarity]:

Sacred to the memory of the Rev THOMAS ROBERT MALTHUS, long known to the lettered world by his admirable writings on the social branches of political economy, particularly by his essay on population.

One of the best men and truest philosophers of any age or country, raised by native dignity of mind above the misrepresentation of the ignorant and the neglect of the great, he lived a serene and happy life devoted to the pursuit and communication of truth, supported by a calm but firm conviction of the usefulness of his labours, content with the approbation of the wise and good.

His writings will be a lasting monument of the extent and correctness of his understanding.

The spotless integrity of his principles, the equity and candour of his nature, his sweetness of temper, urbanity of manners and tenderness of heart, his benevolence and his piety are still dearer recollections of his family and friends.

Born 14 February 1766 – Died 29 December 1834.

Social responsibility

From Wikipedia, the free encyclopedia
https://en.wikipedia.org/wiki/Social_responsibility

Social responsibility is an ethical framework and suggests that an individual has an obligation to work and cooperate with other individuals and organizations for the benefit of society at large. Social responsibility is a duty every individual has to perform so as to maintain a balance between the economy and the ecosystems. A trade-off may exist between economic development, in the material sense, and the welfare of the society and environment, though this has been challenged by many reports over the past decade. Social responsibility means sustaining the equilibrium between the two. It pertains not only to business organizations but also to everyone whose any action impacts the environment. It is a concept that aims to ensure secure healthcare for the people living in rural areas and eliminate all barriers like distance, financial condition, etc. Another example is keeping the outdoors free of trash and litter by using the ethical framework combining the resources of land managers, municipalities, non-profits, educational institutions, businesses, manufacturers, and individual volunteers will be required to solve the ocean microplastics crisis. This responsibility can be passive, by avoiding engaging in socially harmful acts, or active, by performing activities that directly advance social goals. Social responsibility must be intergenerational since the actions of one generation have consequences on those following.

Businesses can use ethical decision making to secure their businesses by making decisions that allow for government agencies to minimize their involvement with the corporation. For instance, if a company follows the United States Environmental Protection Agency (EPA) guidelines for emissions on dangerous pollutants and even goes an extra step to get involved in the community and address those concerns that the public might have, they would be less likely to have the EPA investigate them for environmental concerns. "A significant element of current thinking about privacy, however, stresses "self-regulation" rather than market or government mechanisms for protecting personal information". According to some experts, most rules and regulations are formed due to public outcry, which threatens profit maximization and therefore the well-being of the shareholder, and that if there is not an outcry there often will be limited regulation.

Some critics argue that corporate social responsibility (CSR) distracts from the fundamental economic role of businesses; others argue that it is nothing more than superficial window-dressing, or "greenwashing"; others argue that it is an attempt to pre-empt the role of governments as a watchdog over powerful corporations though there is no systematic evidence to support these criticisms. A significant number of studies have shown no negative influence on shareholder results from CSR but rather a slightly negative correlation with improved shareholder returns.

Corporate social responsibility

Corporate social responsibility or CSR has been defined by Lord Holme and Richard Watts in the World Business Council for Sustainable Development's publication "Making Good Business Sense" as "…the continuing commitment by business to behave ethically and contribute to economic development while improving the quality of life of the workforce and their families as well as the local community and society at large." CSR is one of the newest management strategies where companies try to create a positive impact on society while doing business. Evidence suggests that CSR taken on voluntarily by companies will be much more effective than CSR mandated by governments. There is no clear-cut definition of what CSR comprises. Every company has different CSR objectives though the main motive is the same, though these CSR often involves conflicts of interest that must be navigated. All companies have a two-point agenda—to improve qualitatively (the management of people and processes) and quantitatively (the impact on society). The second is as important as the first and stake holders of every company are increasingly taking an interest in "the outer circle"-the activities of the company and how these are impacting the environment and society. The other motive behind this is that the companies should not be focused only on maximization of profits.

While many corporations include social responsibility in their operations, it is still important for those procuring the goods and services to ensure the products are socially sustainable. Verification tools are available from a multitude of entities internationally, such as the Underwriters Laboratories environmental standards, BIFMA, BioPreferred, and Green Seal. Developing a reputation aligned to social responsibility is linked to higher profits, particularly when firms voluntarily report the positive and negative impacts of their social responsibility endeavors 

These resources help corporations and their consumers identify potential risks associated with a product's lifecycle and enable end users to confirm the corporation's practices adhere to social responsibility ideals. A reputation for Social Responsibility leads to more positive responses toward a brand's products by inducing a reciprocal desire to help companies that have helped others, an effect that is more prominent among consumers who value helping others and is reduced if consumers doubt a firm's intentions 

Scientists and engineers

One common view is that scientists and engineers are morally responsible for the negative consequences which result from the various applications of their knowledge and inventions. After all, if scientists and engineers take personal pride in the many positive achievements of science and technology, why should they be allowed to escape responsibility for the negative consequences related to the use or abuse of scientific knowledge and technological innovations? Furthermore, scientists and engineers have a collective responsibility to examine the values embedded in the research problems they choose and the ethics of how they share their findings with the public.

Committees of scientists and engineers are often involved in the planning of governmental and corporate research programs, including those devoted to the development of military technologies and weaponry. Many professional societies and national organizations, such as the National Academy of Science and the National Academy of Engineering in the United States, have ethical guidelines (see Engineering ethics and Research ethics for the conduct of scientific research and engineering). There is recognition that scientists and engineers, both individually and collectively, have a special and much greater responsibility than average citizens with respect to the generation and use of scientific knowledge.

Some argue that because of the complexity of social responsibility in research, scientists and engineers should not be blamed for all the evils created by new scientific knowledge and technological innovations. First, there is the common problem of fragmentation and diffusion of responsibility. Because of the intellectual and physical division of labor, the resulting fragmentation of knowledge, the high degree of specialization, and the complex and hierarchical decision-making process within corporations and government research laboratories, it is exceedingly difficult for individual scientists and engineers to control the applications of their innovations. This fragmentation of both work and decision-making results in fragmented moral accountability, often to the point where "everybody involved was responsible but none could be held responsible."

Another problem is ignorance. The scientists and engineers cannot predict how their newly generated knowledge and technological innovations may be abused or misused for destructive purposes in the near or distant future. While the excuse of ignorance is somewhat acceptable for those scientists involved in very basic and fundamental research where potential applications cannot be even envisioned, the excuse of ignorance is much weaker for scientists and engineers involved in applied scientific research and technological innovation since the work objectives are well known. For example, most corporations conduct research on specific products or services that promise to yield the greatest possible profit for share-holders. Similarly, most of the research funded by governments is mission-oriented, such as protecting the environment, developing new drugs, or designing more lethal weapons. In all cases where the application of scientific knowledge and technological innovation is well known a priori, it is impossible for a scientist or engineer to escape responsibility for research and technological innovation that is morally dubious. As John Forge writes in Moral Responsibility and the Ignorant Scientist: "Ignorance is not an excuse precisely because scientists can be blamed for being ignorant."

Another point of view is that responsibility falls on those who provide the funding for the research and technological developments, which in most cases are corporations and government agencies. Furthermore, because taxpayers provide indirectly the funds for government-sponsored research, they and the politicians that represent them, i.e., society at large, should be held accountable for the uses and abuses of science. Compared to earlier times when scientists could often conduct their own research independently, today's experimental research requires expensive laboratories and instrumentation, making scientists dependent on those who pay for their studies.

Quasi-legal instruments, or soft law principle has received some normative status in relation to private and public corporations in the United Nations Educational, Scientific and Cultural Organization (UNESCO) Universal Declaration on Bioethics and Human Rights developed by the UNESCO International Bioethics Committee particularly in relation to child and maternal welfare. (Faunce and Nasu 2009) The International Organization for Standardization will "encourage voluntary commitment to social responsibility and will lead to common guidance on concepts, definitions and methods of evaluation."

Rule according to higher law

From Wikipedia, the free encyclopedia

The rule according to a higher law is a statement which expresses that no law may be enforced by the government unless it conforms with certain universal principles (written or unwritten) of fairness, morality, and justice. Thus, the rule according to a higher law may serve as a practical legal criterion to qualify the instances of political or economical decision-making, when a government, even though acting in conformity with clearly defined and properly enacted legal rules, still produces results which many observers find unfair or unjust.

The idea of a law of ultimate justice over and above the momentary law of the state—a higher law—was first introduced into post-Roman Europe by the Catholic canon law jurists. "Higher law" can be interpreted in this context as the divine or natural law or basic legal values, established in the international law—the choice depending on the viewpoint; no matter the source, it is a law above the law. And it is in this capacity that it possesses the equal legal value for both the common and civil law jurisdictions, as opposed to natural law which is largely associated with common law. "To recognize the necessary connection between the rule of law as an ideal and well-constructed constitutional government does not and should not be taken to imply that all states can or should maintain the same constitutional structures in practice".

The rule according to higher law is a practical approach to the implementation of the higher law theory that creates a bridge of mutual understanding (with regard to universal legal values) between the English-language doctrine of the rule of law, traditional for the countries of common law, and the originally German doctrine of Rechtsstaat, translated into other languages of continental Europe as état de droit (French), estado de derecho (Spanish), stato di diritto (Italian), and Правовое государство (pravovoe gosudarstvo) (Russian). The latter doctrine is the product of continental European legal thought, which had adopted it from German legal philosophy. Its name can be translated into English as "state of law"—meaning the state in which the exercise of governmental power is kept in check by the higher law rather than by the changeable law established by this state. Amartya Sen mentioned that the legal theorists in ancient India used the classical Sanskrit term "nyāya" in the sense of not just a matter of judging institutions and rules, but of judging the societies themselves.

Examples

Before the U.S. Civil War, African Americans were legally denied equal rights and freedoms pursuant to formally valid codes prescribing the relations between master and slave. Although these codes were de jure fully suitable for application in legal practice, their enforcement by the U.S. government de facto violated basic human rights of a significant part of the population. William H. Seward famously proclaimed that slavery is forbidden under "a higher law than the Constitution".

Generally speaking, the occurrence of such "justly enacted unjust laws" fully depends on the stance taken by the country's political leadership towards the rule of law principle.

In some countries, the political leaders assert that the rule of law is purely a procedural concept. Therefore, they argue that any government may strip its subjects of their fundamental freedoms or infringe their vital interests so long as this is done by way of a duly implemented legal mechanism. For example, at the Nuremberg trials, in an attempt to justify their crimes against Jewish and Romani population of Europe during World War II, some of the former leaders of Nazi Germany argued that they had broken none of the laws effective when Hitler had been in power. It was only by invoking the rule according to a higher law that the Allied prosecutors were able to overcome such defenses.

In other countries, conversely, the political leaders assert that all written laws must be kept in line with the universal principles of morality, fairness, and justice. These leaders argue that, as a necessary corollary to the axiom that "no one is above the law", the rule of law requires the government to treat all persons equally under the law. However, the proclaimed right to equal treatment is susceptible to instantly becoming void each time the government denies a sufficient level of respect, dignity, and autonomy to a certain class of individuals or to human rights in general. Therefore, the unwritten and universally self-explanatory principles of equality, autonomy, dignity, and respect are said to overrule conventional written laws enacted by the government. It is these principles that are often referred to as "natural law". They also constitute the basis of the "higher law theory".

Rechtsstaat

The Rechtsstaat doctrine (legal state, state of right, constitutional state, constitutional government) was first introduced by the German philosopher Immanuel Kant in his latest works completed after the U.S. and French constitutions had been adopted in the late 18th century. Kant's approach is based on the supremacy of country's written constitution created using principles of the Higher Law. This supremacy meant creating guarantees for the implementation of his central idea: a permanently peaceful life as a basic condition for the happiness and prosperity of the citizens. Kant was basing his doctrine exclusively on the idea of constitutionalism and constitutional government.

The Russian legal system, born in the 19th century as a result of the transformations initiated by the reforms of the Emperor Alexander II, was (and still is) based primarily upon the German legal tradition. It was from the latter that Russia had adopted the doctrine of Rechtsstaat, which literally translates as "legal state". Its closest English analogue is "the rule of law". The Russian legal state concept adopts the written constitution as the country's supreme law (the rule of constitution). It is a fundamental but undefined principle that appears in the very first dispositive provision of Russia's post-communist constitution: "The Russian Federation – Russia – constitutes a democratic federative legal state with a republican form of governance." Similarly, the very first dispositive provision of Ukraine's constitution declares that "Ukraine is a sovereign and independent, democratic, social, legal state." Hence, the effort to invest meaning to the "legal state" definition is anything but theoretical.

Valery Zorkin, President of the Constitutional Court of Russia, wrote in 2003, "Becoming a legal state has long been our ultimate goal, and we have certainly made serious progress in this direction over the past several years. However, no one can say now that we have reached this destination. Such a legal state simply cannot exist without a lawful and just society. Here, as in no other sphere of our life, the state reflects the level of maturity reached by the society."

The Russian concept of legal state has adopted many segments of constitutional economics which serves as a practical implementation of the higher law theory in economics.

Economic, social and cultural rights

From Wikipedia, the free encyclopedia

Economic, social and cultural rights are socio-economic human rights, such as the right to education, right to housing, right to an adequate standard of living, right to health, victims' rights and the right to science and culture. Economic, social and cultural rights are recognised and protected in international and regional human rights instruments. Member states have a legal obligation to respect, protect and fulfil economic, social and cultural rights and are expected to take "progressive action" towards their fulfilment.

The Universal Declaration on Human Rights recognises a number of economic, social and cultural rights and the International Covenant on Economic, Social and Cultural Rights (ICESCR) is the primary international legal source of economic, social and cultural rights. The Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination Against Women recognises and protects many of the economic, social and cultural rights recognised in the ICESCR in relation to children and women. The Convention on the Elimination of All Forms of Racial Discrimination prohibits discrimination on the basis of racial or ethnic origin in relation to a number of economic, social and cultural rights. The Convention on the Rights of Persons with Disabilities also prohibits all discrimination on the basis of the disability including refusal of the reasonable accommodation relating to full enjoyment of economic, social and cultural rights.

International and regional human rights instruments

Women's economic rights in 2011.

Economic, social and cultural rights are recognized and protected in a number of international and regional human rights instruments.

International human rights instruments

The Universal Declaration on Human Rights (UDHR), adopted by the UN General Assembly in 1948, is one of the most important sources of economic, social and cultural rights. It recognizes the right to social security in Article 22, the right to work in Article 23, the right to rest and leisure in Article 24, the right to an adequate standard of living in Article 25, the right to education in Article 26, and the right to benefits of science and culture in Article 27.

The International Covenant on Economic, Social and Cultural Rights (ICESCR) is the primary international legal source of economic, social and cultural rights. The Covenant recognized and protects the right to work and to just and favorable working conditions in Article 6 and 7, the right to join trade unions and take collective labor action in Article 8, the right to social security in Article 9, the right to protection of the family, including protection for mothers and children, in Article 10, the right to an adequate standard of living, including the right to food and the right to housing, in Article 11, the right to health in Article 12, the right to education in Article 13, as well as the right to participate in cultural life and the right to benefits of science and culture in Article 15. The International Covenant on Civil and Political Rights, adopted at the same time as the ICESCR, recognizes and protects a number of core economic, social and cultural rights, including the right to join trade unions in Article 22, and the right of ethnic, religious or linguistic minorities to engage in their culture, practice their religion and use their language in Article 27.

A number of other major international human rights instruments contain provisions relating to economic, social and cultural rights. The Convention on the Rights of the Child recognizes and protects many of the economic, social and cultural rights recognized in the ICESCR in relation to children. Including the right to health in Article 24, the right to social security in Article 25, the right to an adequate standard of living in Article 27, the right to education in Article 28, and the right to protection from economic exploitation in Article 32. The Convention on the Elimination of All Forms of Racial Discrimination prohibits discrimination on the basis of racial or ethnic origin in relation to a number of economic, social and cultural rights. The Convention on the Elimination of All Forms of Discrimination Against Women affirms a range of economic, social and cultural rights to women. The ILO Conventions of the International Labour Organization (ILO) protect a range of work related economic, social and cultural rights. Common global standards were agreed by some 195 states in the Recommendation on Science and Scientific protect and reassert scientific freedoms, the rights of scientists, and rights of research subjects, and the right of everyone to science.

Regional human rights instruments

The African Charter on Human and Peoples' Rights protects the right to work in Article 15, the right to health in Article 16, and the right to education in Article 17. The European Social Charter protects a wide range of economic, social and cultural rights, including the right to work, to favourable working conditions, the right to join trade unions and to take collective labour action in Article 1 to 10, the right to health in Article 11, the right to social security, including the right to medical assistance and the right to social welfare services, in Article 12 to 14, protection of especially vulnerable groups are enshrined in Article 15 to 17 and 19, and right to housing in Article 31. The Protocol of San Salvador protects a range of economic, social and cultural rights within the Inter-American human rights system.

Secondary legal sources

A range of secondary legal sources exist on economic, social and cultural rights which provide guidance on their normative definition. An important secondary legal source is the United Nations Committee on Economic, Social and Cultural Rights which is overseeing the implementation of the International Covenant on Economic, Social and Cultural Rights (ICESCR). The Committee has been central in developing the normative definition of key economic, social and cultural rights, interpreting the role of State Parties to the ICESCR, and monitoring protection and violation of the ICESCR rights. The Committee issues guiding pronouncements in the form of general comments, and other human rights treaty bodies may also issue comments relevant to economic, social and cultural rights.

Other important secondary legal sources on economic, social and cultural rights are the Limburg Principles on the Implementation of the International Covenant on Economic, Social and Cultural Rights 1987 and the Maastricht Guidelines on Violations of Economic, Social and Cultural Rights 1997. The Limburg Principles have been extensively used in national legal systems as an interpretive tool for establishing violations of economic, social and cultural rights. The Maastricht Guidelines build on the Limburg Principles and identify the legal implications of acts and omissions which are violations of economic, social and cultural rights. Various United Nations Special Rapporteurs have influenced the normative development of economic, social and cultural rights. Appointed by the Commission on Human Rights and its sub-commissions, key rapporteurs include the Special Rapporteur on the Realization of Economic, Social and Cultural Rights, the Special Rapporteur on the Right to Adequate Housing, the Special Rapporteur on the Right to Education, and the Special Rapporteur on Violence Against Women.

National constitutions

A number of national constitutions recognize economic, social and cultural rights. For example, the 1996 Constitution of South Africa includes economic, social and cultural rights and the South African Constitutional Court has heard claims under these obligations (see Grootboom and Treatment Action Campaign cases). India's constitution, which does not explicitly recognize economic and social rights in their constitution, has nonetheless found that these rights exist, though unenumerated, inferable from the right to life.

Constitutional recognition of economic, social and cultural rights has long been thought to be counterproductive, given that courts might be tasked to adjudicate them, and hence disrupt the democratic chains of accountability of the so-called elected branches. Nonetheless, a growing literature from the Global South has tracked very different judicial responses.

Sympathetic critics argue that socio-economic rights appear ‘quite negligible’ factors in terms of ensuring overall human development. Contemporary welfare states tend to emphasize decommodification, general welfare and the common good, not rights. Sweden, Finland, and Denmark, for example, adhere to a comparatively robust welfare effort, built primarily through social democratic parties and trade union mobilisation, without relying on judicial review of socio-economic rights. Nonetheless, majoritarian political arenas such as parliaments and trade union structures may remain unresponsive to minorities. The gains won through litigation, modest though they may be, can nonetheless be of value for those who benefit from them.

Civil society movements have advanced alternative institutions, norms and practices for constitution-making and making socio-economic rights effective. Participants in recent constitution-making experiments in Iceland, Bolivia and Ecuador have all linked economic and social rights to new institutional arrangements such as participatory budgeting or technologically-enhanced direct democracy as well as to new norms and discourses, notably those concerning ecological stewardship and the commons as well as care and social reproduction. In Ireland, social movements such as the ‘Right2Water’ and ‘Repeal the 8th’ campaigns have demonstrated how highly networked individuals and communities can mobilise both alongside and outside of traditional institutions, act collectively, and advance economic, social and cultural rights.

State responsibility

Economic, social and cultural right enshrined in international and regional human rights instruments are legally binding. Member states have a legal obligation to respect, protect and fulfil these rights. The exact nature of states' obligations in this respect has been established principally in relation to the International Covenant on Economic, Social and Cultural Rights (ICESCR), and further Optional Protocol to the International Covenant on Economic, Social and Cultural Rights has been established in accordance with Vienna Declaration and Programme of Action.

State parties to the ICESCR are required to take "progressive action" towards fulfilment of the ICESR rights. While immediate fulfilment may not be possible due to the economic situation of a country, postponement of proactive action is not permitted. State parties must show genuine efforts to secure the economic, social and cultural rights enshrined in the ICESCR. The burden of proof for progressive action is considered on be with the state party. The prohibition on discrimination in relation to economic, social and cultural rights is regarded as having immediate effect. State parties must abolish laws, policies and practices which affect the equal enjoyment of economic, social and cultural rights and take action to prevent discrimination in public life. All state parties, regardless of the economic situation in the country or resource scarcity, are required to ensure respect for minimum subsistence rights for all. State parties must also ensure that available resources are accessed and used equitably. Therefore, government decisions on how to allocate resources should be subject to scrutiny. Legislative measures alone are not sufficient to ensure compliance with the ICESCR and state parties are expected to provide judicial remedies in addition to taking administrative, financial, educational and social measures.

Monitoring, enforcement and implementation framework

Intergovernmental organisations and non-governmental organisations (NGOs) have persistently neglected economic, social and cultural rights over the past 50 years. While all human rights are said to be "equal, indivisible, interrelated, and interdependent", the monitoring, enforcement and implementation framework for economic, social and cultural rights is less advanced than that for civil and political rights. International enforcement mechanisms are strongest for civil and political rights, and their violation is considered more serious than that of economic, social and cultural rights. There are few international NGOs that focus on economic, social and cultural rights and there are few lawyers who have the knowledge or experience to defend economic, social and cultural rights at a national or international level. Economic, social and cultural rights are less likely than civil and political rights to be protected in national constitutions.

In 2008, the United Nations General Assembly adopted the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, which gives the Committee on Economic, Social and Cultural Rights competence to receive and consider communications from individuals claiming that their rights under the Covenant have been violated by a state party. The Protocol entered into force on 5 May 2013.

In 2017, for the common global standards in the Recommendation on Science and Scientific Researchers relating to the right to science, states agreed at the UNESCO General Conference to adopt four-yearly reporting on implementation, and agreed that UNESCO's Executive Board is competent to manage monitoring, with the networks of UNESCO National Commissions and academic partners mobilized in countries to ensure implementation and monitoring at country level. For the other major international human rights conventions mentioned above there are various other treaty bodies to ensure some monitoring of implementation. And each may transmit to the Human Rights Council reports of individual cases when a state is the subject of a Universal Periodic Review.

Education is a human right

Education is guaranteed as a human right in many human rights treaties, including:

The right to education places the individual at the centre of education frameworks.

Education as a human right has the following characteristics:

  • it is a right: Education is not a privilege or subject to political or charitable whims. It is a human right. It places mandatory demands on duty-bearers (particularly the state, but also parents, children, and other actors.)
  • it is universal: Everyone has the right to education without discrimination. This includes children, adolescents, youths, adults, and older people
  • it is high priority: Education is a key priority of the state. Obligations to ensure the right to education cannot be dismissed
  • it is a key right: Education is instrumental in ensuring all other human rights. It has economic, social, cultural, civil, and political dimensions

The right to education places legal obligations on states when they make decisions regarding education and the education system. It offers an internationally agreed normative framework for the standards that states must not fall beneath concerning the education of its citizens and non-citizens.

Education as a multiplier right

These standards define what states must do and avoid doing in order to ensure the dignity of the individual. The right to education is broad and covers many aspects of education. This means that for the specific areas related to education, states must act within the boundaries permitted under international human rights law (IHRL).

The main aspects of education are:

  • the aims of education
  • non-discrimination and equality in the education system
  • free and compulsory universal primary education
  • available and accessible, free education at the secondary level, including vocational education
  • accessible (on the basis of capacity), free education at the tertiary level
  • fundamental education for those who have not received all or part of their primary education
  • maintenance of an education system at all levels
  • provision of a fellowship system
  • the training of teachers, their status, and their working conditions
  • educational freedom, that is, the freedom of parents to have their children educated in accordance with their religious and moral convictions
  • the freedom of individuals and organizations to set-up private schools
  • quality education, including setting minimum standards regarding infrastructure and human rights education
  • safe and non-violent learning environments
  • the allocation of adequate resources
  • academic freedom at all levels of education
  • the setting and content of the curriculum
  • transparent and accountable education systems

Advocacy

Networking groups such as ESCR-Net are working to create online resources and spread information about effective cases, initiatives, and working groups promoting ideals and celebrating victories of human rights initiatives and the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. Currently, human rights advocacy groups are working diligently to fine-tune rules, regulations and implementation schemes; little news of complaint successes or failures is available. The Centre on Housing Rights and Evictions (COHRE) has helped to establish the Housing and Property Directorate (HPD/HPCC) in Kosovo.

Theory of rights

According to Karel Vasak's theory of three generations of human rights, economic, social and cultural rights are considered second-generation rights, while civil and political rights, such as freedom of speech, right to a fair trial, and the right to vote, are considered first-generation rights. The theory of negative and positive rights considers economic, social and cultural rights positive rights. Social rights are "rights to the meeting of basic needs that are essential for human welfare." Examples of social rights include the right to healthcare, the right to healthcare, and the right to decent working conditions.

Bayesian inference

From Wikipedia, the free encyclopedia https://en.wikipedia.org/wiki/Bayesian_inference Bayesian inference ( / ...