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Tom Hickey defines the “Common Good”

13 October, 2011
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In the Irish Times today, Tom Hickey (NUI Galway) provides a useful reminder of what the notion of the common good actually means:

Opportunity to reclaim the idea of ‘republic’

… Citizens of an authentic republic are committed to the fact that they share a social and political community with other citizens. They appreciate that their own individual good, and the good of their families and local communities, is intimately connected with the common good of the republic.

Moreover, this common good is not a crude aggregation of competing private goods. It requires meaningful deliberative engagement on the part of all citizens, and participation. But this participation must be based on public-spiritedness, not on ambitions for the advancement of private interests. …

via irishtimes.com

The phrase “the common good” is used several times in Bunreacht na hEireann, as a ground for limiting rights. In that context, in the hands of litigants and judges, it is often treated as simply a synonym either for a utilitarian preference for the greatest good of the greatest number or for the interests of the State. Tom’s summary demonstrates that neither view is correct.

…

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The Free Speech Blog: Official blog of Index on Censorship » Is nothing sacred?

7 October, 2011
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… at the launch of Index’s on Censorship magazine’s “Art Issue” on Wednesday at the Free Word Centre … [a]rtists Langlands & Bell gave a firsthand account of what it was like to have their work censored by the Tate despite their willingness to alter parts of the work to ensure the gallery was not in contempt of court. Ben Langlands spoke of the frustration they felt at not being able to show their work in its entirety – and with Tate for not being transparent about the reasons behind the removal of their film  ”Zardad’s Dog”, part of their Turner-nominated The House of Osama Bin Laden.

via blog.indexoncensorship.org
…

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Atque in perpetuum, Stephane, ave atque vale

6 October, 201119 October, 2011
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Steve Jobs in Apple, via Telegraph

The modified quote in the title is from Catullus (translation here). The image is from today’s Telegraph (update: but is now becoming controversial).…

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Great post on < mooseabyte >: Deciding on our own digital death or forever stuck in the clouds?

3 October, 2011
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It is a fact not in need of repetition that we all die. But our online lives, through lack of individual management and frequent lack of online service providers (OSPs) guidance, do not fully reflect this fundamental certainty. Admittedly in the social networking world there is greater awareness, with online reminders of the fragility of life through memorialised Facebook profiles. This practice, in stark contrast to the conventional slab of engraved granite, provides an easily accessible and virtual memorial to the deceased user. It is also a practical response which stops the issues caused by friends of a deceased Facebook user being urged to get in touch and reconnect with a dead friend, causing clear emotional upset (see report here). But, overall many OSPs don’t have sufficient provisions in place for managing a user’s digital assets upon death. Coupled with lack of user awareness this creates a problem which will grow in significance as online service users get older. 

via mooseabyte.blogspot.com
…

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Times Higher Education – Unshackled minds help institutions to conquer the greatest heights

29 September, 2011
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Universities such as Harvard, Oxford and Cambridge regularly dominate the global university rankings, while retaining a high regard for academic freedom. Oxford’s strategic plan, for example, states that: “The most fundamental value, underpinning all of our scholarly activity, is academic freedom, defined as the freedom to conduct research, teach, speak and publish, subject to the norms and standards of scholarly inquiry, without interference or penalty, wherever the search for truth and understanding may lead.

via timeshighereducation.co.uk
…

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Estelle Feldman has started irishreferendums.com in opposition to the 29th and 30th Amendments

29 September, 2011
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Vote NO to the 29th and 30th Amendments

A forum for opposition to the 2011 Irish Referendums

via irishreferendums.com
…

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Erik Bjorge “National supreme courts and the development of ECHR rights” (2011) 9 (1) I-CON 5-31 (sub reqd)

27 September, 2011
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Abstract

The evolution of rights under the European Convention on Human Rights (ECHR) has in recent years engendered the question of
how far national supreme courts ought to go in interpreting the Convention standards evolutively. Should national courts,
in other words, play an active role in the development of the Convention, or must they defer this development to the Court?
Examining the jurisprudence of national supreme courts in the U.K., France, and Germany, the present article examines this
question both “normatively,” by way of looking at the external exigencies of the Strasbourg jurisprudence, and “descriptively,”
by way of looking at what in point of fact the national courts have done in this regard. The three national judiciaries studied
here have approached this in various ways. The common theme is that all three systems have gone very far in taking onboard
a national concept of the ECHR precept of “evolutive interpretation.”

via icon.oxfordjournals.org
…

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Paintings looted by Nazis returned to Poland – RTÉ News

23 September, 201126 April, 2016
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| Restitution

A pair of 19th century paintings by Polish Impressionist Julian Falat – looted by the Nazis nearly seven decades ago – have been returned to Polish authorities in a ceremony in New York.

President Bronislaw Komorowski of Poland accepted the paintings – “The Hunt” and “Off to the Hunt” – at Poland’s consulate in Manhattan yesterday.

via rte.ie
…

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Welcome

Me in a hat

Hi there! Thanks for dropping by. I’m Eoin O’Dell, and this is my blog: Cearta.ie – the Irish for rights.


“Cearta” really is the Irish word for rights, so the title provides a good sense of the scope of this blog.

In general, I write here about private law, free speech, and cyber law; and, in particular, I write about Irish law and education policy.


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