|
所在平台: Coursera |
课程主页: https://www.coursera.org/learn/citizenship-rule-of-law
课程评论：没有评论
课程名称：公民身份与法治 课程概述：“不论你有多高，法律在你之上。”这一法治原则体现了一个重要思想：即使是政治家和君主也受法律约束。然而，在强大企业、国际网络犯罪及对威权领导人广泛支持的时代，法治在全球范围内受到威胁。本课程由英国国际与比较法研究所的宾汉姆中心主办，将介绍法治相关的热点问题。每周将深入探讨法治的不同方面，以及当前事件如何影响法治。课程通过视频讲座、推荐阅读、讨论问题和活动，帮助您形成有关法治的个人观点。尽管本课程位于法律与政治的交汇处，参与者无需具有这两个领域的正式教育背景。课程为期6周，每周大约提供3小时的内容。 课程大纲： 1. **法治的简要历史**：本周将概述法治的主要争论，并讨论其在当今的实践。将回顾法治原则的发展历史，从亚里士多德的首次阐述到宾汉姆中心的现代工作，并探讨法治的要求及人权的相关性。 2. **法官的独立性、任期与任命**：本周聚焦法官选择与任命的过程，以及公众对司法机构的信心和法官在维护法治中的角色。 3. **法律面前人人平等的意义**：本周讨论法律面前平等的必要性，探讨在某些情况下为了实现司法公正，必须对人进行不同对待的复杂情境。 4. **获取司法的途径**：本周讨论个人在维护法律权利时所面临的各种障碍，探讨“法律能力”这一概念，并考察公民社会为提高法律能力所采取的各项举措。 5. **国际法治**：本周将介绍国际法秩序和区域人权公约，对联合国的发展进行简要总结，并探讨普遍与区域性人权框架及其不合规案例的强制执行。 6. **商业、人权与法治**：本周深入探讨商业活动对员工及其所在国家的社区利益相关者人权可能产生的影响，与法治的关系，并讨论联合国商业与人权指导原则的三个支柱如何与法治原则结合。 通过这些模块，本课程旨在提高参与者对法治及其在现代社会中的重要性的理解。
Name:A Potted History of the Rule of Law
Description:Welcome to the first week of the course. Week 1 is an overview of the headline debates concerning the Rule of Law and a discussion of how it applies in practice today. You will be taken through a historical account of the development of the principle over time from Aristotle’s first statement of the Rule of Law to the modern work of the Bingham Centre. This teaching session will also serve as an introduction to debates about the requirements of the Rule of Law, i.e. whether it passes judgment on if particular decisions are “good” or “bad” and whether human rights are part of the Rule of Law.
Name:Judges: Independence, Tenure and Appointment
Description:Welcome to the second week of the course. Week 2 will focus on processes for the selection and appointment of judges, the importance of public confidence in the judiciary and the role that judges play in securing the Rule of Law.
Name:What does it mean to be equal before the law?
Description:Welcome to the third week of the course. Week 3 will establish that all must be treated equally before the law. The session will discuss contentious situations in which treating people equally requires that they be treated differently in order to give effect to justice, such as the limited range of sanctions available to criminals convicted as children.
Name:Access to Justice
Description:Welcome to the fourth week of the course. Week 4 looks at a number of other barriers that individuals face in enforcing their legal rights. One of the concepts explored will be ‘legal capability’. This is defined as the knowledge, skills and confidence required to resolve legal problems in life. Students will be presented with a range of initiatives undertaken by civil society to improve legal capability and will produce their own ideas about improving access to justice across the world.
Name:An International Rule of Law
Description:Welcome to the fifth week of the course. Week 5 will introduce students to the international legal order and regional human rights conventions. The week will start with a potted summary of the development of the United Nations. The second portion of session will focus on human rights law. Course leads will discuss universal and regional human rights frameworks including the African Charter on Human and Peoples’ Rights, the American Convention on Human Rights and the European Convention on Human Rights and speak to examples of non-compliance in respect of each of these and how they are enforced. The course team would like to give special thanks to Hector Tejero Tobed and Iris Anastasiadou for their help in compiling video scripts and content for this week of the course.
Name:Business, Human Rights and the Rule of Law
Description:Welcome to Week Six of the course. Week 6 delves into the Rule of Law questions raised by the potential impacts of business operations on the human rights of their employees, populations of countries they are based in and other community stakeholders. This week will provide a background and history of this new and dynamic area, and describe how all eight of Bingham’s Rule of Law Principles are engaged in this discussion. The session will consider how the three pillars of the UN Guiding Principles on Business and Human Rights are founded on basic principles of the Rule of Law. You will be presented with real-life current examples of how these principles apply in practices. Examples discussed will include: Recent case law which expands traditional legal tests to stay up to date with modern-day cross-border business operations; Calls for and against regulation of the internet, in light of increasing examples of harmful content, privacy breaches and other human rights impacts of tech giants; Discussion of how companies undertake due diligence for human rights in their global supply chains,Presentation of the challenges in this area from a Rule of Law perspective. Rule of Law principles such as access to remedies and legal certainty will be recurring themes. The session will also illustrate some “myth-busting” examples regarding assumptions about the Rule of Law's universality.
"Be you so high, the law is above you." This principle, part of the Rule of Law, has come to represent the powerful idea that even politicians and monarchs are bound by the law. However in an age of powerful corporations, international cyber-crime and popular support for authoritarian leaders, the Rule of Law is under threat worldwide. This course, run by the Bingham Centre of the British Institute of International and Comparative Law, will provide an introduction to headline issues around the Rule of Law. Each week we will tackle aspects of the Rule of Law and discuss how they are impacted by current events. The course will use video lectures, recommended reading, discussion questions and activities to enable you to develop your own perspective on the Rule of Law. Though this course sits at the intersection of law and politics, participants do not require any formal educational background in either of these subjects to join. The course will take place over 6 weeks with approximately 3 hours of content each week.
