Results for ' fundamental rights'

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  1. Democracy as a fundamental right for the achievement of human dignity, the valuable life project and social happiness.Jesus Enrrique Caldera-Ynfante - 2020 - Europolítica 14 (1):203-240.
    Abstract Democracy is a fundamental right linked to the realization of a person’s worthy life project regarding its corresponding fulfillment of Human Rights. Along with the procedures to form political majorities, it is mandatory to incorporate the substantial part as a means and end for the normative content of Human Dignity to be carried out allowing it to: i) freely choose a project of valued life with purpose and autonomy ii) to have material and intangible means to function (...)
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  2. 'International meaning': Comity in fundamental rights adjudication.Timothy A. O. Endicott - 2002 - International Journal of Refugee Studies 13:280-292.
    In fundamental rights adjudication, should judges defer to the judgment of other decision makers? How can they defer, without betraying the respect that judges ought to accord those rights? How can they refuse to defer, without betraying the respect that judges ought to accord to other decision makers? I argue that only principles of comity justify deference, and their reach is limited. Comity never forbids the judges to take and to act upon a different view of (...) rights from that of another decision maker. I elaborate this view by reference to the decision of the House of Lords in Adan and Aitseguer [2001] 1 All ER 593. (shrink)
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  3. Aksjologiczne podstawy Karty praw podstawowych Unii Europejskiej [Axiological Foundations of the Charter of Fundamental Rights of the European Union].Marek Piechowiak - 2003 - Studia Prawnicze 155 (1):5-29.
    Pierwszorzędnym przedmiotem badań są przyjęte w Karcie, wprost lub domyślnie, rozstrzygnięcia typu aksjologicznego. Przez „aksjologiczne podstawy” rozumiane są rozstrzygnięcia dotyczące uznania takich, a nie innych, wartości czy dóbr za przedmiot ochrony; a ponieważ chodzi o „podstawy”, przedmiotem zainteresowania są rozstrzygnięcia fundamentalne w takim sensie, że stanowią one uzasadnienie dla bardziej szczegółowych rozstrzygnięć aksjologicznych i normatywnych. Pozwala to m.in. na formułowanie wniosków co do spójności rozstrzygnięć szczegółowych. Zagadnienie aksjologicznych podstaw obejmuje także problematykę relacji między wartościami a prawami podstawowymi oraz zagadnienie ontologicznego (...)
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  4. Negative governmentality through fundamental rights: The far side of the European Convention on Human Rights.Muhammad Ali Nasir - 2018 - European Law Journal 4 (24):297-320.
    This essay analyses those statements that mention legal norms in negative terms. Specifically, it analyses those statements that define a legal system by mentioning how legal protection does not work and where legal protection ends, and those statements that identify what rights‐holders do not have to with their legally protected free capacities. This essay argues that these statements address a systemic question. It calls such a dynamic as negative governmentality. The argument proceeds in four steps. It introduces the concept (...)
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  5. Human dignity and digital minimum vital: Internet access as a fundamental right.Jesus Enrrique Caldera Ynfante - 2022 - International Visual Culture Review 12 (10.37467/revvisual.v9.3754):2-16.
    Human dignity, a normative category developed by the Colombian Constitutional Court, is seen from "humanist constitutionalism", due to its functionality for the configuration of the fundamental human right of access to the Internet that translates into a digital vital minimum of the human person, emphasizing in the inclusion of the poor and vulnerable affected by digital inequality. A complex fundamental hyperright that obliges the State to guarantee the human rights of their essential core and formulate public policies (...)
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  6. Godność w Karcie Praw Podstawowych Unii Europejskiej – destrukcja uniwersalnego paradygmatu ujęcia podstaw praw człowieka? [Dignity in the Charter of Fundamental Rights of the European Union – Destruction of the Universal Paradigm of Understanding of the Foundations of Human Rights?].Marek Piechowiak - 2012 - Themis Polska Nova 2 (1):126-146.
    Zasadniczym przedmiotem analiz tego opracowania jest pojęcie godności w Karcie praw podstawowych Unii Europejskiej z 7 grudnia 2000 r. Interpretacja Karty prowadzona jest z uwzględnieniem postanowień Traktatu z Lizbony z 13 grudnia 2007 r., który podniósł Kartę do rangi prawa traktatowego. Uwyraźnienie treści pojęcia godności w Karcie dokonywane jest przez pryzmat paradygmatu rozumienia godności utrwalonego już w prawie międzynarodowym praw człowieka na poziomie uniwersalnym, czyli prawa kształtowanego i funkcjonującego w ramach Organizacji Narodów Zjednoczonych. Paradygmat uniwersalny, w którego centrum znajduje się (...)
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  7. The problem of the consent for the processing of health data, particularly for biomedical research purposes, from the perspective of fundamental rights protection in the Digital Era.Joaquín Sarrión Esteve - 2018 - Revista de Derecho y Genoma Humano: Genética, Biotecnología y Medicina Avanzada = Law and the Human Genome Review: Genetics, Biotechnology and Advanced Medicine 48:107-132.
    Health data processing fields face ethical and legal problems regarding fundamental rights. As we know, patients can benefit in the Digital Era from having health or medical information available, and medical decisions can be more effective with a better understanding of clinical histories, medical and health data thanks to the development of Artificial Intelligence, Internet of Things and other Digital technologies. However, at the same time, we need to guarantee fundamental rights, including privacy ones. The complaint (...)
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  8. La regulación de los drones y la protección de los derechos fundamentales: especial atención a la tutela del menor (The regulation of drones and the protection of fundamental rights: special attention to the protection of minors).Joaquin Sarrión - 2018 - In Desafíos de la protección de menores en la sociedad digital: Internet, redes sociales y comunicación, Francisco Javier Durán Ruiz (dir.), Tirant lo blanch, 2018, ISBN 978-84-9169-753-4,. Valencia: Tirant lo Blanch. pp. 385-411.
    This paper is an approach to the regulation of drones and the protection of fundamental rights, particularly in relation to the use of drones equipped with image and data capture technologies, with special attention to the position and protection of minors.
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  9. Karta Praw Podstawowych UE a tradycyjne wartości [Charter of Fundamental Rights of the European Union and Traditional Values].Marek Piechowiak - 2012 - In Michał Gierycz & Jan Grosfeld (eds.), Zmagania początku tysiąclecia. Łośgraf - Wydawnictwo Akademickie - Oficyna Wydawnicza Łośgraf. pp. 199-205.
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  10. Human Rights as Fundamental Conditions for a Good Life.S. Matthew Liao - 2015 - In The Right to Be Loved. New York, US: Oxford University Press USA.
    What grounds human rights? How do we determine that something is a genuine human right? This chapter offers a new answer: human beings have human rights to the fundamental conditions for pursuing a good life. The fundamental conditions for pursuing a good life are certain goods, capacities, and options that human beings qua human beings need whatever else they qua individuals might need in order to pursue a characteristically good human life. This chapter explains how this (...)
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  11. Reasons: Wrong, Right, Normative, Fundamental.Kurt Sylvan & Errol Lord - 2019 - Journal of Ethics and Social Philosophy 15 (1).
    Reasons fundamentalists maintain that we can analyze all derivative normative properties in terms of normative reasons. These theorists famously encounter the Wrong Kind of Reasons problem, since not all reasons for reactions seem relevant for reasons-based analyses. Some have argued that this problem is a general one for many theorists, and claim that this lightens the burden for reasons fundamentalists. We argue in this paper that the reverse is true: the generality of the problem makes life harder for reasons fundamentalists. (...)
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  12. The Rights-Ascription Problem.George E. Panichas - 1997 - Social Theory and Practice 23 (3):365-398.
    This paper addresses the rights-ascription problem—the problem of determining what properties or characteristics one must have to qualify for fundamental rights. As argued here, one traditional response to this problem—the “humanity standard”—fails because rather than recognizing the problem as one of moral predication regarding actual individuals, it accepts nominal membership in a vaguely defined class (e.g., “humanity”) as adequate grounds for ascribing these rights. This failure encourages the hypothesis pursued here, viz., that qualifying for fundamental (...)
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  13. Moral Right to Healthcare and COVID-19 Challenges.Napoleon Mabaquiao & Mark Anthony Dacela - 2022 - Asia-Pacific Social Science Review 22 (1):78-91.
    One fundamental healthcare issue brought to the fore by the current COVID-19 pandemic concerns the scope and nature of the right to healthcare. Given our increasing need for the usually limited healthcare resources, to what extent can we demand provision of these resources as a matter of right? One philosophical way of handling this issue is to clarify the nature of this right. Using the challenges of COVID-19 in the Philippines as the context of analysis, we argue for the (...)
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  14. Parental Rights and Due Process.Donald C. Hubin - 1999 - The Journal of Law and Family Studies 1 (2):123-150.
    The U.S. Supreme Court regards parental rights as fundamental. Such a status should subject any legal procedure that directly and substantively interferes with the exercise of parental rights to strict scrutiny. On the contrary, though, despite their status as fundamental constitutional rights, parental rights are routinely suspended or revoked as a result of procedures that fail to meet even minimal standards of procedural and substantive due process. This routine and cavalier deprivation of parental (...) takes place in the context of divorce where, during the pendency of litigation, one parent is routinely deprived of significant parental rights without any demonstration that a state interest exists—much less that there is a compelling state interest that cannot be achieved in any less restrictive way. In marked contrast to our current practice, treating parental rights as fundamental rights requires a presumption of joint legal and physical custody upon divorce and during the pendency of divorce litigation. The presumption may be overcome, but only by clear and convincing evidence that such an arrangement is harmful to the children. (shrink)
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  15. Virtues, Rights, or Consequences? Mapping the Way for Conceptual Ethics.Matthieu Queloz - forthcoming - Studia Philosophica.
    Are there virtues that constitutively involve using certain concepts? Does it make sense to speak of rights or duties to use certain concepts? And do consequentialist approaches to concepts necessarily have to reproduce the difficulties that plague utilitarianism? These are fundamental orientating questions for the emerging field of conceptual ethics, which invites us to reflect critically about which concepts to use. In this article, I map out and explore the ways in which conceptual ethics might take its cue (...)
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  16. Sexual Rights and Disability.Ezio Di Nucci - 2011 - Journal of Medical Ethics 37 (3):158-161.
    I argue against Appel's recent proposal – in this JOURNAL – that there is a fundamental human right to sexual pleasure, and that therefore the sexual pleasure of severely disabled people should be publicly funded – by thereby partially legalizing prostitution. I propose an alternative that does not need to pose a new positive human right; does not need public funding; does not need the legalization of prostitution; and that would offer a better experience to the severely disabled: charitable (...)
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  17. The Right to Parent One's Biological Baby.Anca Gheaus - 2011 - Journal of Political Philosophy 20 (4):432-455.
    This paper provides an answer to the question why birth parents have a moral right to keep and raise their biological babies. I start with a critical discussion of the parent-centred model of justifying parents’ rights, recently proposed by Harry Brighouse and Adam Swift. Their account successfully defends a fundamental moral right to parent in general but, because it does not provide an account of how individuals acquire the right to parent a particular baby, it is insufficient for (...)
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  18. Common Morality, Human Rights, and Multiculturalism in Japanese and American Bioethics.Tom L. Beauchamp - 2015 - Journal of Practical Ethics 3 (2):18-35.
    To address some questions in global biomedical ethics, three problems about cultural moral differences and alleged differences in Eastern and Western cultures are addressed: The first is whether the East has fundamentally different moral traditions from those in the West. Concentrating on Japan and the United States, it is argued that theses of profound and fundamental East-West differences are dubious because of many forms of shared morality. The second is whether human rights theory is a Western invention with (...)
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  19. The Right in the Good: A Defense of Teleological Non-Consequentialism in Epistemology.Clayton Littlejohn - 2018 - In Kristoffer Ahlstrom-Vij & Jeff Dunn (eds.), Epistemic Consequentialism. Oxford: Oxford University Press. pp. 23-47.
    There has been considerable discussion recently of consequentialist justifications of epistemic norms. In this paper, I shall argue that these justifications are not justifications. The consequentialist needs a value theory, a theory of the epistemic good. The standard theory treats accuracy as the fundamental epistemic good and assumes that it is a good that calls for promotion. Both claims are mistaken. The fundamental epistemic good involves accuracy, but it involves more than just that. The fundamental epistemic good (...)
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  20. Rights, Values, (the) Meaning in/of Life and Socrates’s ‘How Should One Live?’: A Rationally-Unquestionable Interpretation.Kym Farrand - manuscript
    This paper expands on another which focussed on Socrates’s question: ‘How should one live?’. The present paper also focusses on the ‘meaning of life’ and ‘meaning in life’ issues, and more on rights. To fully rationally answer Socrates’s question, we need to answer the epistemic question: ‘How can one know how one should live?’. This paper attempts to answer both. And knowing how one should live fundamentally involves knowing what values one should live by. This includes which rights (...)
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  21. Mental Integrity in the Attention Economy: in Search of the Right to Attention.Bartek Chomanski - forthcoming - Neuroethics.
    Is it wrong to distract? Is it wrong to direct others’ attention in ways they otherwise would not choose? If so, what are the grounds of this wrong – and, in expounding them, do we have to at once condemn large chunks of contemporary digital commerce (also known as the attention economy)? In what follows, I attempt to cast light on these questions. Specifically, I argue – following the pioneering work of Jasper Tran and Anuj Puri – that there is (...)
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  22. The Foundations of Natural Rights in John Locke and Its Impact on the Convention on the Rights of the Child.Mohamad Mahdi Davar & Saeideh Taslimi - 2024 - Fares Law Research (17):37-52.
    Natural rights play a fundamental role in the political, legal, and economic system of John Locke. Many of his views are based on natural rights. Although Locke is not the first scholar to discuss natural rights, and before him, other thinkers have theorized about it in different eras and intellectual traditions, it must be claimed that Locke is a modern natural rights theorist and has presented a novel interpretation of this theory. Locke's natural rights (...)
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  23.  94
    The "No Interest" Argument Against the Rights of Nature.Neil W. Williams - forthcoming - Philosophers' Imprint.
    Awarding rights to rivers, forests, and other environmental entities (EEs) is a new and increasingly popular approach to environmental protection. The distinctive feature of such rights of nature (RoN) legislation is that direct duties are owed to the EEs. This paper presents a novel rebuttal of the strongest argument against RoN: the no interest argument. The crux of this argument is that because EEs are not sentient, they cannot possess the kinds of interests necessary to ground direct duties. (...)
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  24. Uniform Exceptions and Rights Violations.Yvonne Chiu - 2010 - Social Theory and Practice 36 (1):44-77.
    Non-uniformed combat morally infringes on civilians’ fundamental right to immunity and exacts an impermissible form of unofficial conscription that is morally prohibited even if the civilians knowingly consent to it. It is often argued that revolutionary groups burdened by resource disparities relative to the state or who claim alternative sources of political legitimacy (such as national self-determination or the constitution of a political collective) are justified in using unconventional tactics such as non-uniformed combat. Neither those reasons nor the provision (...)
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  25. Can Utilitarianism Ground Human Rights?Leslie Allan - manuscript
    Leslie Allan demonstrates how human rights are unproblematic for utilitarian moral theory and how, upon consideration, utilitarianism turns out to be the best theory for justifying human rights. Using case studies of historical and contemporary human rights conventions and recent psychological research, he argues how our concept of human rights is founded on the satisfaction of fundamental human needs and the consequences for human happiness.
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  26. Language Rights as Collective Rights: Some Conceptual Considerations on Language Rights.Manuel Toscano - 2012 - Res Publica. Murcia 27:109-118.
    Stephen May (2011) holds that language rights have been insufficiently recognized, or just rejected as problematic, in human rights theory and practice. Defending the “human rights approach to language rights”, he claims that language rights should be accorded the status of fundamental human rights, recognized as such by states and international organizations. This article argues that the notion of language rights is far from clear. According to May, one key reason for rejecting (...)
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  27. Human Rights: Are They Just a Tweak for the Policy Makers or Administrators?Kiyoung Kim - 2014 - European Academic Research 2 (6):7760-7783.
    The human rights often are cited as an ultimate goal for the discipline of social science. It guides the UN in the pursuit of its organizational mission, and the civil democratic government generally endorses this paradigm of state rule as supreme. Nonetheless, it seems a mishap if the human rights are thought to be valued only in the courtroom or police office. They are the kind of ubiquitous concept that we could share and must share, who would be (...)
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  28. Schopenhauer on the Rights of Animals.Stephen Puryear - 2017 - European Journal of Philosophy 25 (2):250-269.
    I argue that Schopenhauer’s ascription of (moral) rights to animals flows naturally from his distinctive analysis of the concept of a right. In contrast to those who regard rights as fundamental and then cast wrongdoing as a matter of violating rights, he takes wrong (Unrecht) to be the more fundamental notion and defines the concept of a right (Recht) in its terms. He then offers an account of wrongdoing which makes it plausible to suppose that (...)
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  29. No Last Resort: Pitting the Right to Die Against the Right to Medical Self-Determination.Michael Cholbi - 2015 - The Journal of Ethics 19 (2):143-157.
    Many participants in debates about the morality of assisted dying maintain that individuals may only turn to assisted dying as a ‘last resort’, i.e., that a patient ought to be eligible for assisted dying only after she has exhausted certain treatment or care options. Here I argue that this last resort condition is unjustified, that it is in fact wrong to require patients to exhaust a prescribed slate of treatment or care options before being eligible for assisted dying. The last (...)
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  30. Biopolitics, Thanatopolitics and the Right to Life.Muhammad Ali Nasir - 2017 - Theory, Culture and Society 34 (1):75-95.
    This article focuses on the interrelationship of law and life in human rights. It does this in order to theorize the normative status of contemporary biopower. To do this, the case law of Article 2 on the right to life of the European Convention on Human Rights is analysed. It argues that the juridical interpretation and application of the right to life produces a differentiated governmental management of life. It is established that: 1) Article 2 orients governmental techniques (...)
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  31. Beneficence, rights and citizenship.Garrett Cullity - 2006 - Australian Journal of Human Rights 9:85-105.
    What are we morally required to do for strangers? To answer this question – a question about the scope of requirements to aid strangers – we must first answer a question about justification: why are we required to aid them (when we are)? The main paper focuses largely on answering the question about justification, but does so in order to arrive at an answer to the question about scope. Three main issues are discussed. First, to what extent should requirements of (...)
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  32.  97
    La tutela de las libertades económicas fundamentales en el proceso de integración europea = Fundamental economic freedoms protection in the European integration process.Joaquín Sarrion - 2014 - Rduned : Revista de Derecho Uned 14:933-968.
    Resumen. -/- Premio de artículos jurídicos «GARCÍA GOYENA» (Curso 2013-2014). Tercer accésit El proceso de integración europea, en el que vivimos inmersos, reviste caracteres económicos, sociales, políticos y jurídicos; que dotan de características peculiares a un proyecto de integración cuya naturaleza está en constante discusión, casi tanto como su futuro. Sin duda, uno de los grandes protagonistas del proceso de integración ha sido y es el Tribunal de Justicia de la Unión Europea, sobre todo con la proclamación y consagración de (...)
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  33.  14
    Vitoria’s cosmopolitan potential realized: Human nature and human rights via social construction, not natural law.Benjamin Gregg - unknown
    Vitoria’s 1537 lecture On the American Indians asserts moral equality and fundamental rights for all humans but is contradicted by the significant inequalities between Spanish conquistadores and indigenous peoples of Mexico and Peru. Despite recognizing these rights, Vitoria’s vision supports an unequal Euro-American relationship regarding territorial sovereignty, self-defense, self-determination, and religious freedom. His insights have implications for contemporary international law concerning indigenous rights. However, his theological framework limits this potential. To better address indigenous issues today, I (...)
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  34. Capabilities as Fundamental Entitlements: Sen and Social Justice.Martha Nussbaum - 2003 - Feminist Economics 9 (2-3):33-59.
    Amartya Sen has made a major contribution to the theory of social justice, and of gender justice, by arguing that capabilities are the relevant space of comparison when justice-related issues are considered. This article supports Sen's idea, arguing that capabilities supply guidance superior to that of utility and resources (the view's familiar opponents), but also to that of the social contract tradition, and at least some accounts of human rights. But I argue that capabilities can help us to construct (...)
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  35. The Quest for universality: Reflections on the universal draft declaration on bioethics and human rights.Mary C. Rawlinson & Anne Donchin - 2005 - Developing World Bioethics 5 (3):258–266.
    ABSTRACT This essay focuses on two underlying presumptions that impinge on the effort of UNESCO to engender universal agreement on a set of bioethical norms: the conception of universality that pervades much of the document, and its disregard of structural inequalities that significantly impact health. Drawing on other UN system documents and recent feminist bioethics scholarship, we argue that the formulation of universal principles should not rely solely on shared ethical values, as the draft document affirms, but also on differences (...)
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  36. The Convention on the Rights of the Person in Outer Space. Cometan - 2022 - Preston, UK: Astronist Institution.
    The Convention of the Rights of the Person in Outer Space, more informally known as the Space Rights Convention, is a human rights and animal rights document that outlines basic principles, rights and freedoms bestowed to different categories of species in outer space which including on extraterrestrial bodies (both planetary and sub-planetary), synthetic bodies (e.g. space stations), as well as on spacecraft (both commissioned and uncommissioned) travelling through space itself (which is often referred to in (...)
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  37. Disputing the Human Rights Discourse on Property: The Case of Development and Vulnerability in India.Deepa Kansra - 2011 - Indian Law Review 1 (3):129-146.
    Today, property rights have occupied tremendous academic and political space because of their close affiliation to human rights. At the global forums, the right to property is often advocated as a "fundamental human right" essential for the integrity of the individual, and also crucial to freedom, prosperity, and realizing equality. However, beyond the human rights proposal, economic development in the globalization decade has affected the state policies that have disturbed the sanctity of property rights for (...)
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  38. US Erosion of the Right to Asylum.Damian Williams - forthcoming - Forthcoming.
    Under the UDHR, all persons have the right to "seek and to enjoy . . . asylum from persecution." From this designation as fundamental followed codification of the right in the 1951 Convention relating to the Status of Refugees and the 1967 Protocol Relating (collectively 'the Convention'), the "centrepiece" of treaties and customary norms that make up international refugee law. It defines and regulates the status and rights of refugees; its purpose is to safeguard the basic rights (...)
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  39. A Better, Dual Theory of Human Rights.Marcus Arvan - 2014 - Philosophical Forum 45 (1):17-47.
    Human rights theory and practice have long been stuck in a rut. Although disagreement is the norm in philosophy and social-political practice, the sheer depth and breadth of disagreement about human rights is truly unusual. Human rights theorists and practitioners disagree – wildly in many cases – over just about every issue: what human rights are, what they are for, how many of them there are, how they are justified, what human interests or capacities they are (...)
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  40. Globalizing Democracy and Human Rights.Carol C. Gould - 2004 - Cambridge, UK: Cambridge University Press.
    In her 2004 book Carol Gould addresses the fundamental issue of democratizing globalization, that is to say of finding ways to open transnational institutions and communities to democratic participation by those widely affected by their decisions. The book develops a framework for expanding participation in crossborder decisions, arguing for a broader understanding of human rights and introducing a new role for the ideas of care and solidarity at a distance. Reinterpreting the idea of universality to accommodate a multiplicity (...)
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  41. John Locke and the Right to Bear Arms.Mark Tunick - 2014 - History of Political Thought 35 (1):50-69.
    Recent legal opinions and scholarly works invoke the political philosophy of John Locke, and his claim that there is a natural right of self-defense, to support the view that the 2nd Amendment’s right to bear arms is so fundamental that no state may disarm the people. I challenge this use of Locke. For Locke, we have a right of self-defense in a state of nature. But once we join society we no longer may take whatever measures that seem reasonable (...)
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  42. The Right to Self-Defense Against the State.Jasmine Rae Straight - 2022 - Dissertation, University of Colorado, Boulder
    My dissertation develops a defense of a right to self-defense against the state. I set aside anarchist theories and grant for the sake of argument that the state has legitimate political authority. My goal is to convince non-anarchists that the right to self-defense extends to individuals against the state and the state’s agents. I argue that the right to self-defense is a fundamental, negative, claim right. The right to self-defense has these characteristics: (1) it is fundamental, meaning that (...)
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  43. Sind Menschenrechte moralische oder juridische Rechte? Are Human Rights Moral or Juridical Rights?Lorenz Engi - 2012 - Ancilla Iuris 1:135 - 175.
    Human rights have a legal and a moral side. In the context of this contribution and from the legal‐philosophical aspect, two characteristics are particularly important in the distinction between law and morals. Law is enacted and set forth in a formalised manner, while morals take effect in an informal way; and law is backed by an institutional system that guarantees sufficient dependability of enforcement (while morals are enforced by means of spontaneous social processes). As regards the classification of human (...)
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  44. Fundamentals of Order Ethics: Law, Business Ethics and the Financial Crisis.Christoph Luetge - 2012 - Archiv für Rechts- Und Sozialphilosophie Beihefte 130:11-21.
    During the current financial crisis, the need for an alternative to a laissez-faire ethics of capitalism (the Milton Friedman view) becomes clear. I argue that we need an order ethics which employs economics as a key theoretical resource and which focuses on institutions for implementing moral norms. -/- I will point to some aspects of order ethics which highlight the importance of rules, e.g. global rules for the financial markets. In this regard, order ethics (“Ordnungsethik”) is the complement of the (...)
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  45. Aplicabilidade e efetividade dos direitos fundamentais: ponto de vista.G. A. Calgaro - 2008 - Revista Mestrado Em Direito 8 (1):167-190.
    This work is about current theories concerning the application of the constitutional rules, on the approach of the efficacy and effectiveness of the fundamental rights. It also suggests an alternative way of logical analysis of the problem, mainly taking in account the phenomena of the application-efficacy-effectiveness of the rules. Therefore, it discusses the dogmatic rules and proposes the logical separation between its applicability and its effectiveness, considering the effectiveness as the potential power to realize the fundamental (...). (shrink)
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  46. On Actualist and Fundamental Public Justification in Political Liberalism.Thomas M. Besch - 2020 - Philosophia 48 (5):1777-1799.
    Public justification in political liberalism is often conceptualized in light of Rawls’s view of its role in a hypothetical well-ordered society as an ideal or idealizing form of justification that applies a putatively reasonable conception of political justice to political matters. But Rawls implicates a different idea of public justification in his doctrine of general reflective equilibrium. The paper engages this second, more fundamental idea. Public justification in this second sense is actualist and fundamental. It is actualist in (...)
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  47. Climate change, fundamental interests, and global justice.Carl Knight - 2016 - Critical Review of International Social and Political Philosophy 19 (5):629-644.
    Political philosophers commonly tackle the issue of climate change by focusing on fundamental interests as a basis for human rights. This approach struggles, however, in cases where one set of fundamental interests requires one course of action, and another set of fundamental interests requires another course of action. This article advances an alternative response to climate change based on an account of global justice that gives weight to utilitarian, prioritarian, and luck egalitarian considerations. A practical application (...)
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  48. What the Right to Eduation Is, and What It Ought to Be : Towards a Social Ontology of Eduction as a Human Right.Christian Norefalk - 2022 - Dissertation, Malmö University
    During the second half of the 20th century education has been recognized as a human right in several international conventions, and the UN also holds that “Education shall be free” and that “Elementary education shall be compulsory” (UN, 1948, Article 26). The education-as-a-human right-project could be viewed as a good intention of global inclusion in recognizing that all individuals have a right to education in virtue of being humans, and the idea of education as a human right thus has a (...)
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  49. Transitional Justice and the Right of Return of the Palestinian Refugees.Nadim N. Rouhana & Yoav Peled - 2004 - Theoretical Inquiries in Law 5 (2):317-332.
    All efforts undertaken so far to establish peace between Israel and the Palestinians have failed to seriously address the right of return of the Palestinian refugees. This failure stemmed from a conviction that the question of historical justice in general had to be avoided. Since justice is a subjective construct, it was argued, allowing it to become a subject of negotiation would only perpetuate the conflict. However, the experience of these peace efforts has shown that without solving the problem of (...)
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  50. Problem aksjologicznej legitymizacji uniwersalnego systemu ochrony praw człowieka [Problem of Axiological Legitimization of the Universal System of the Protection of Human Rights].Marek Piechowiak - 2015 - In Elżbieta Karska (ed.), Globalne problemy ochrony praw człowieka. Katedra Ochrony Praw Człowieka i Prawa Międzynarodowego UKSW. pp. 86-100.
    Problem of Axiological Legitimization of the Universal System of the Protection of Human Rights Summary In this paper it is argued that legitimization of the universal system of the protection of human rights depends primary not from the content of values recognised as fundamental but rather from metaaxiological solutions related to the way of existence and to the possibility of cognition of these values. Legitimisation is based on the recognition of an objective nature and of cognoscibility of (...)
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