Threats to the ability of democratically elected governments to drive and preserve their citizens’ economic development and thus promote their human rights are threats to the confidence of their citizens in democracy itself. Threats to the cyber resilience of critical infrastructure assets — that enable and preserve economic development — are threats to that very confidence. This chapter positions the technical backbones for digital public infrastructure (DPI), which delivers digitally native essential services, as critical infrastructure assets. This chapter uses the approach to DPI of the world’s largest democracy as a case study. It explores how India’s DPI — built per an open standards-based paradigm, implemented by protocols and Application Programming Interfaces (APIs) that comprise the ‘India Stack’ – operates at the scale of the world’s largest population. It finds the cyber resilience of the technical backbones for India’s DPI vital to India’s democratic resilience. This chapter thus calls on India to prosecute systemic cyber risks to these backbones that stem from the critical software running on them. India must incentivise vendors of that software to invest in the security of their software development life cycles and mitigate software supply chain risks. India must also manage open source software risks to its DPI appropriately. This chapter concludes by putting forward how India can export its approach and the India Stack. Other democracies, especially India’s Global South partners, stand to gain from its experience, including by strengthening the trust and confidence of their citizens in democracy itself, as well as by implementing norms for responsible state conduct in cyberspace that were approved by the United Nations General Assembly. Such benefits will be reinforced by Indian advice on how to deploy DPI in a cyber-resilient manner, informed by the multilateral consensus on DPI, software security and cyber resilience, which India forged as G20 President in 2023.

Remote working – strongly widespread during the covid-19 pandemic –is today one of the main forms of innovation in the world of work. As always, within innovation phenomena we have static elements, from the past, and dynamic elements, looking to change the status quo. Consequently, the evaluation of remote work may be either conservative or innovative. Remote work can be considered as a simple re-proposition of the Fordist-Taylorist Enterprise that does not actually change the characteristics of employment as a not democratic relationship involving the worker submission to the employer managerial, control and disciplinary power. On the other hand, remote work can be recognized as the symptom of a broader cultural, organizational and process change in the firm, allowing the worker to conquer new spaces of freedom and autonomy, which not only allow for a new balance in the relationship between work and life, but also redefine both the factual and juridical connotations of subordination. This chapter analyzes this second perspective and, on the basis of legislation and collective bargaining, tries to define the elements of change in the concept and morphology of subordination within the employment relationship.

States are increasingly thought to have a duty to enable convicted persons’ rehabilitation, with some seeing this duty as grounded in convicted persons’ right to rehabilitation. This rights-based argument for rehabilitation emerged alongside the increase in rights litigation for carceral populations within the United States in the 1970s, and the contemporaneous development of the idea of imprisoned persons as “Rechtsburgers” or rights bearers in Europe.

Admittedly, legal recognition of a right to rehabilitation is not universal. Many countries present rehabilitation as a “guiding concept” rather than a right that can be enforced against the state. The United States had also considered it necessary to re-emphasise the importance its criminal justice system attaches to the goals of retribution, deterrence and incapacitation, following their ratification of the International Covenant on Civil and Political Rights (ICCPR) – which highlights the need for rehabilitative treatment within prison settings in Article 10 ICCPR.

This chapter discusses the relation between ‘Morals’ (Sitten, Moral) and ‘Right’ (Recht) in Kant’s Metaphysics of Morals. Two questions should be distinguished: (1) Are Kantian Morals necessary for Kantian Right in the sense that the latter presupposes Kant’s specific account of morality? (2) Is Kant’s account of Morals sufficient to justify his conception of Right, in the sense that the fundamental principles of Right can be derived from, or normatively justified by, the Categorical Imperative (or some other element of Kantian Morals) without additional normative principles? With respect to the first question, it is argued that Kantian Right presupposes a central aspect of Kantian Morals: the idea of moral universality, where moral rights and duties are the same for all. This idea must be distinguished from the Categorical Imperative introduced in the Groundwork for a Metaphysics of Morals. Concerning the second question, it is argued that only when applied to individual juridical (coercible) rights does the idea of moral universality result in a Kantian conception of Right. Thus, Kant’s conception of Morals alone is not sufficient to derive juridical rights and duties.

On December 6, 2023, the Indonesian Parliament passed Indonesia’s Criminal Code. The new Criminal Code replaces the Dutch-language colonial-era Penal Code and after fifty years of debate marks a milestone in Indonesian law. However, the new Code is controversial. It continues to criminalize interpersonal relations such as adultery and cohabitation. The framing of those offences is an accommodation of conflicting preferences among a wide range of domestic and international actors including those from the Islamic world, notably Saudi Arabia. This chapter examines the new Code as an arena of contestation, among inter-regional influences and between secular and religious actors seeking to shape Indonesian state law. It highlights three under-studied phenomena in Asia: inter-regional religious networks; their intersection with colonial legal legacies; and the migration of legal values, not only geographically or jurisdictionally, but also across internal domains within pluralist legal systems.

In this chapter, we explore how Israel approaches its protection from cyber threats with a focus on disinformation. The chapter relies on primary source material in English and Hebrew and interviews with Israeli researchers and disinformation experts. This chapter outlines the overview of the disinformation threats Israel has been facing in the recent past and present, diagnoses the presence and absence in legislative policy concerning disinformation, and analyzes Israel’s private industry efforts to bolster cyber security defense. Finally, our conclusion considers a variety of overarching outlooks on the future of countering internal disinformation in Israel.

This chapter considers the potential of neurorehabilitation to interfere with a person’s identity, and hence its potential to infringe human rights that protect (different aspects of) personal identity. It builds upon previous arguments and suggestions in the literature that some forms of interference with the brain, such as the use of brain stimulation techniques, can cause psychological changes that disrupt a person’s identity. Until now, this debate has focused strongly on the side effects of brain stimulation for therapeutic purposes, such as DBS in the treatment of Parkinson’s disease. We extrapolate this discussion to the context of criminal justice. In addition to earlier ethical evaluations of brain stimulation vis-à-vis personal identity, scholars are now considering the legal protection that should be offered to personal identity in this context, particularly through human rights. Some have argued for the introduction of a specific human right for this purpose: a right to psychological continuity.

The book begins by situating my key phrase ‘making-good-again’ through contrasting the history of the terms Wiedergutmachung and restitution. I give a brief history of understandings of responsibility and introduce my argument regarding material practice. Part two gives a brief overview of the methods used in the book, situating my approach in relation to jurisprudence and current approaches in law, humanities and their intersections.

Kant is often read as being committed to the idea that morality is within our control, leading him to develop an ethical theory in which there is no room for moral luck. Kant’s political and legal philosophy, by contrast, is taken to be concerned with external actions, in particular with their effects on the freedom of others, and thus seems to be far from immune to luck. From this perspective a significant chasm opens up between ethics and right, making it hard to see how right could be derived from ethics and how both of them could be integrated into a unified theory based on a single supreme principle. This chapter argues that the role of luck in Kant’s practical philosophy needs to be reconceived and that considerations of luck do not stand in the way of a unification of ethics and right.

This chapter explores how judicial mechanisms employed by apex courts have migrated across South Asia and Southeast Asia, using India, Pakistan, and Malaysia as examples. The chapter focuses on two case studies – Pakistan and Malaysia – to examine how judicial mechanisms, like the basic structure doctrine articulated by the Indian Supreme Court, have been strategically adapted by courts in Pakistan and Malaysia to strengthen their institutional power. This chapter considers the use of judicial rhetoric and constitutional comparativism in crafting opinions of popular salience by examining the distinct ways in which these Asian courts have engaged with foreign and comparative case law.

Elections in Central Asia unfold against a backdrop of digital repression, characterized by network throttling, online content blocking to suppress dissent and targeted online harassment of political opposition and journalists. State-imposed limits on online information availability are compounded by cyber foreign interference, including espionage, information campaigns, and disruptive incidents that have increasingly played a geopolitical role. These multifaceted cyber threats underscore the urgent need for a rapid, concerted policy response aimed at bolstering the integrity of electoral systems and procedures, reducing censorship and enhancing cybersecurity culture and resilience. This chapter explores trends in influencing elections and threatening electoral integrity through cyber means, focusing on both the informational and technical domains, and proposes action-oriented recommendations for cross-sectoral cooperation toward securing elections and the broader digital ecosystem in the region.