Another great day ….

… and there I am hesitating. Sure, the terrible rain on the 25th had been not really bearable – even if I just received the day before my fancy new boots:

promising comfort, security …

… promising a deception? As enjoyable as it is to see the sun back, as delightful it is to look back on a long spell without rain, with pleasant weather in Changsha, looking back on a summer in Berlin with near to zero drops of rain and plenty of warmth, it comes with a bitter smack of fear and worries. Is that the global warming, possibly bringing draught and extinction at some foreseeable time in the future?

Perspectives change – also the perspective that is entailed in the variety of my work and jobs, being now law-prof. I asked this in different ways earlier, and put it now in a juridical nutshell:

Can we continue calling on individual rights, rights of the individuals witnessing that so many individuals, and on occasions being just one amongst them, have no other idea than buying a gun to amok? Sure, a person who finally storms a school to kill kids is being severely sentenced (if he is caught alive and did not kill himself – he/himself, never heard bit she/herself); but, while acknowledging the difference, I dare to ask if we should simply allow people driving their SUVs, companies dumping waste water into the rivers, ourselves sitting in a comfortable warm room, wearing a shirt instead of reducing the temperature a bit and wearing a warm jumper; seeing mass-SPAM-mail not just as matter of intruding into the private sphere but as terrorist attack on the environment (considering the cost of sending mails), defining it as criminal act to heating rooms while leaving the windows open ..? …. – Human rights had been and still are defined as protecting individuals against the state. isn’t it time now to think about human rights as matter of protecting society against excessive individualism … – protecting it by law?

some interesting notion for further debate can be taken from work undertaken in the 19th century. An important aspect is mentioned in the following para, taken from a work on the history of the rule of law, reading

The impossibility of opposing to it aliunde-founded elements was the ground of the central dilemma: how to combine an unlimited sovereign power with a legal order regulating it and making its intervention foreseeable. The central features of the theory that was gradually refined throughout the second half of the century and was thoroughly elaborated by Jellinek were the idea of the state’s self-limitation (which made sovereign absolutism compatible with the existence of fetters on its power), the existence of legal relationships between the state and individuals, the distinction between the state (as a whole) and its several institutional components, so that this or that organ could be limited whilst the state “as such” could be deemed as the holder of an absolute power.

New challenges, old debates, the need to reformulate and “reinvent” them – not least under changed and changing conditions: where states are not nation states anymore; and where the corporate sector strives to replace state.

Forthcoming: Herrmann, Peter: Human Rights: watch out for the trail before you bridle the horse – The search for a Future Global Human Rights Agenda; in: International Journal for Social Quality

Herrmann, Peter, December 8th, 2019: Search for Future Global HR-Agenda; Conference presentation, Changsha

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