Results for 'Natural Rights'

982 found
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  1. The natural right to slack.Stanislas Richard - 2022 - Critical Review of International Social and Political Philosophy 1 (2):163-187.
    The most influential justification of individual property rights is the Propertarian Argument. It is the idea that the institution of private property renders everyone better off, and crucially, even the worst-off members of society. A recent critique of the Argument is that it relies on an anthropologically false hypothesis – the idea, following Thomas Hobbes, that life in the state of nature is one of widespread scarcity and violence to which property rights are a solution. The present article (...)
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  2. 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 (...)
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  3. Three Models of Natural Right: Baumgarten, Achenwall and Kant.Fiorella Tomassini - 2024 - In Courtney D. Fugate & John Hymers, Baumgarten and Kant on the Foundations of Practical Philosophy. Oxford University Press.
    I argue that by considering Kant’s engagement with previous theorists of natural right, we can gain a clearer understanding of how he transformed the discipline from its foundations. To do this, I focus my analysis on Kant’s (critical) reception of two models of natural right with which he was very familiar: one from Alexander Baumgarten’s Elements of First Practical Philosophy [Initia philosophiae practicae primae], the other from Gottfried Achenwall’s Natural Law [Ius naturae]. The Initia served as a (...)
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  4. Natural Right to Grow and Die in the Form of Wholeness: A Philosophical Interpretation of the Ontological Status of Brain-dead Children.Masahiro Morioka - 2010 - Diogenes 57 (3):103-116.
    In this paper, I would like to argue that brain-dead small children have a natural right not to be invaded by other people even if their organs can save the lives of other suffering patients. My basic idea is that growing human beings have the right to grow in the form of wholeness, and dying human beings also have the right to die in the form of wholeness; in other words, they have the right to be protected from outside (...)
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  5. The Metaphysics of Natural Right in Spinoza.John R. T. Grey - 2021 - Oxford Studies in Early Modern Philosophy 10:37-60.
    In the Tractatus Theologico-Politicus (TTP), Spinoza argues that an individual’s natural right extends as far as their power. Subsequently, in the Tractatus Politicus (TP), he offers a revised argument for the same conclusion. Here I offer an account of the reasons for the revision. In both arguments, an individual’s natural right derives from God’s natural right. However, the TTP argument hinges on the claim that each individual is part of the whole of nature (totius naturae), and for (...)
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  6.  44
    The Problem of Natural Rights Justification in the New Classical Natural Law Theories.Andrei Nekhaev - 2024 - Law and State 15 (2):18-25.
    The relevance of this study is due to the need to analyze foreign scientific literature in the field of philosophy of law, revealing trends in the evolution and development of natural law theories. Despite the significant number of publications on the theory of natural law its key theses and arguments are discussed by post-soviet scientists in isolation from modern discussions by foreign jurists. The subject of the research in the paper is the reconstruction and rational interpretation of the (...)
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  7. Aristotle and Natural Rights Revisited.David Riesbeck - 2023 - Reason Papers 43 (1):133-159.
    Part of a Festschrift for Fred Miller, this essay reconsiders Miller's interpretation of Aristotle in terms of natural rights. After defending Miller against his numerous critics, I draw a somewhat different lesson from his interpretation than he himself does: Miller helps us to see that an Aristotelian theory of justice can do all the work that we would reasonably want a theory of rights to do while avoiding significant problems that the idiom and rhetoric of rights (...)
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  8. Foundation for a Natural Right to Health Care.Jason T. Eberl, Eleanor K. Kinney & Matthew J. Williams - 2011 - Journal of Medicine and Philosophy 36 (6):537-557.
    Discussions concerning whether there is a natural right to health care may occur in various forms, resulting in policy recommendations for how to implement any such right in a given society. But health care policies may be judged by international standards including the UN Universal Declaration of Human Rights. The rights enumerated in the UDHR are grounded in traditions of moral theory, a philosophical analysis of which is necessary in order to adjudicate the value of specific policies (...)
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  9. Thoughts on Leo Strauss's Interpretation of Aristotle's Natural Right Teaching.André Luiz Cruz Sousa - 2016 - The Review of Politics 78 (3):419-442.
    The essay discusses the interpretation of Aristotle's natural right teaching by Leo Strauss. This interpretation ought to be seen as the result of an investigation into the history of philosophy and of an attempt to philosophically address political problems. By virtue of this twofold origin, the Straussian commentary is unorthodox: it deviates from traditional Aristotelianism (Aquinas and Averroes) and it seems alien to the text of the Nicomachean Ethics. Strauss's criticism of medieval variants results from their incapacity—shared by contemporary (...)
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  10. Ethical Permissibility of Using Artificial Intelligence through the Lens of Al-Farabi's Theory on Natural Rights and Prosperity.Mohamad Mahdi Davar - 2024 - Legal Civilization 6 (18):195-200.
    The discussion of artificial intelligence (AI) as a newly emerging phenomenon in the present era has always been faced with various ethical challenges. The expansion of artificial intelligence is inevitable, and since this phenomenon is related to the human and social world, anything related to humans and society falls within the realm of morality and rights. In doing so, it must be understood whether the use of artificial intelligence is an ethical matter or not. Furthermore, do humans have the (...)
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  11. Origins of natural rights language-texts and contexts, 1150-1250.Brian Tierney - 1989 - History of Political Thought 10 (4):615-646.
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  12. It’s Only Natural: Legal Punishment and the Natural Right to Punish.Nathan Hanna - 2012 - Social Theory and Practice 38 (4):598-616.
    Some philosophers defend legal punishment by appealing to a natural right to punish wrongdoers, a right people would have in a state of nature. Many of these philosophers argue that legal punishment can be justified by transferring this right to the state. I’ll argue that such a right may not be transferrable to the state because such a right may not survive the transition out of anarchy. A compelling reason for the natural right claim – that in a (...)
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  13. The Nature of Rights and the History of Empire.Duncan Ivison - 2006 - In David Armitage, British Political Thought in History, Literature, and Theory 1500-1800. Cambridge University Press. pp. 91-2011.
    My aim in this chapter is to take the complexity of our histories of rights as seriously as the nature of rights themselves. Let me say immediately that the point is not to satisfy our sense of moral superiority by smugly pointing out the prejudices found in arguments made over three hundred years ago. We have more than our own share of problems and prejudices to deal with. Rather, in coming to grips with this history, and especially how (...)
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  14. Personal Identity and Self-Interpretation & Natural Right and Natural Emotions.Gabor Boros, Judit Szalai & Oliver Toth (eds.) - 2020 - Budapest: Eötvös University Press.
    Collection of papers presented at the 2nd and 3rd Budapest Seminar in Early Modern Philosophy.
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  15. Do Rights Exist by Convention or by Nature?Katharina Nieswandt - 2016 - Topoi 35 (1):313-325.
    I argue that all rights exist by convention. According to my definition, a right exists by convention just in case its justification appeals to the rules of a socially shared pattern of acting. I show that our usual justifications for rights are circular, that a right fulfills my criterion if all possible justifications for it are circular, and that all existing philosophical justifications for rights are circular or fail. We find three non-circular alternatives in the literature, viz. (...)
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  16. 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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  17. Property Rights, Future Generations and the Destruction and Degradation of Natural Resources.Dan Dennis - 2015 - Moral Philosophy and Politics 2 (1):107-139.
    The paper argues that members of future generations have an entitlement to natural resources equal to ours. Therefore, if a currently living individual destroys or degrades natural resources then he must pay compensation to members of future generations. This compensation takes the form of “primary goods” which will be valued by members of future generations as equally useful for promoting the good life as the natural resources they have been deprived of. As a result of this policy, (...)
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  18. The right to ignore: An epistemic defense of the nature/culture divide.Maria Kronfeldner - 2017 - In Joyce Richard, Handbook of Evolution and Philosophy. Routledge. pp. 210-224.
    This paper addresses whether the often-bemoaned loss of unity of knowledge about humans, which results from the disciplinary fragmentation of science, is something to be overcome. The fragmentation of being human rests on a couple of distinctions, such as the nature-culture divide. Since antiquity the distinction between nature (roughly, what we inherit biologically) and culture (roughly, what is acquired by social interaction) has been a commonplace in science and society. Recently, the nature/culture divide has come under attack in various ways, (...)
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  19.  25
    Right.John Grey - 2024 - In Karolina Hübner & Justin Steinberg, The Cambridge Spinoza lexicon. Cambridge: Cambridge University Press. pp. 464-469.
    Both of Spinoza’s major political works make frequent use of the concept of right (jus). However, his understanding of right–both natural right and political right–is not moralistic. That is, to have (a) right is not an intrinsic moral status, such that others have a moral obligation either to provide some benefit or to avoid interference with the rightsholder. For Spinoza, if someone lacks the actual power to take some action or secure some benefit, they also lack the right to (...)
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  20. The Nature of Morals: How Universal Moral Grammar Provides the Conceptual Basis for the Universal Declaration of Human Rights.Vincent J. Carchidi - 2020 - Human Rights Review 21 (1):65-92.
    I argue that theoretical developments in the study of the Universal Declaration of Human Rights (UDHR) should occur alongside progress in moral psychology, particularly moral cognition. More specifically, I argue that Universal Moral Grammar (UMG), a model positing an innate, regulative, and universal moral faculty characterizable in terms of rules and principles, fulfills the role of the foundational model needed to usefully conceptualize the UDHR. As such, I provide a detailed account of UMG against competing models in moral psychology. (...)
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  21. Human Rights and Natural Law: An Intercultural Philosophical Perspective.Walter Schweidler (ed.) - 2012 - Sankt Augustin: Academia Verlag.
    It was in ancient Greek philosophy where the idea arose that there is a supreme law before which any civil law created by human societies has to be justified. Since then the concept of natural law not only remained one of the paradigms of Western civilization but has shaped the development of international legislation in general. The understanding of the significance of the idea of a natural law for the philosophical presuppositions of our current concepts of human (...) and human dignity is still dependent on the analysis of its relation to the different cultures and civilizations on earth. (shrink)
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  22. The Problem of Nature in Hegel's Philosophy of Right.Simon Lumsden - 2021 - Hegel Bulletin 42 (1):96-113.
    The notion of being-at-home-in-otherness is the distinctive way of thinking of freedom that Hegel develops in his social and political thought. When I am at one with myself in social and political structures they are not external powers to which I am subjected but are rather constitutive of my self-relation, that is my self-conception is mediated andexpandedthrough those objective structures. How successfully Hegel may achieve being-at-home-in-otherness with regard to these objective structures of right in thePhilosophy of Rightis arguable. What is (...)
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  23. Rights of Nature and the Precautionary Principle.Atus Mariqueo-Russell - 2017 - RCC Perspectives: Transformations in Environment and Society 6:21-27.
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  24.  97
    The Sacred Nature of Human Rights: Vladimir Solovyov’s 1898 Saint Petersburg Speech.Robert Junqueira - 2024 - Jusgov Research Paper Series 2024 (19):1-13.
    The point of this paper is to show that the understanding Solovyov penned and voiced about humanity close to the end of his life suggests that he regarded human rights as sacred. First of all, we provided a rough sense of who Solovyov was as a person, for he is a bit of a stranger to the majority of the audience, including scholars, in the Western hemisphere. Afterwards, we carried out what we have already said we intended to do (...)
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  25. 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 advocate (...)
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  26. Moral rights to life, both natural and non-natural: reflections on James Griffin.Hugh V. McLachlan - 2010 - Diametros 26:58-76.
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  27. The right to privacy and the deep self.Leonhard Menges - 2024 - Philosophical Quarterly:1-22.
    This paper presents an account of the right to privacy that is inspired by classic control views on this right and recent developments in moral psychology. The core idea is that the right to privacy is the right that others not make personal information about us flow unless this flow is an expression of and does not conflict with our deep self. The nature of the deep self will be spelled out in terms of stable intrinsic desires. The paper argues (...)
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  28. 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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  29. Between Thinking and Acting: Fichte’s Deduction of the Concept of Right.Laurenz Ramsauer - 2023 - Manuscrito 46 (2):156-197.
    Fichte’s ambitious project in the Foundations of Natural Right is to provide an a priori deduction of the concept of right independently from morality. So far, interpretations of Fichte’s deduction of the concept of right have persistently fallen into one of two rough categories: either they (re)interpret the normative necessity of right in terms of moral or quasi-moral normativity or they interpret right’s normative necessity in terms of hypothetical imperatives. However, each of these interpretations faces significant exegetical difficulties. By (...)
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  30. Making rights from what's left of Darwinism.Kirk W. Junker - 2004 - Futures (36):1111-1117.
    The legal, political, and social meaning of the work of Charles Darwin has been claimed as resident to conservative and liberal homes alike. Peter Singer’s unique admixture of personal liberal politics and what may look to be an extremely conservative philosophy of nature expose some over-simplicity in traditional ‘right’ and ‘left’ categories. In ‘‘Recovering the Left from Darwin in the 21st Century’’, Steve Fuller provides us with insightful historical and sociological contexts for Singer’s challenges. In this article, Kirk Junker takes (...)
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  31. Right, Morals, and the Categorical Imperative.Fiorella Tomassini - 2023 - Kant Studien 114 (3):513-538.
    In this paper I examine the relationship between the principle of right and the principle of morals [Sitten] in Kant’s Metaphysics of Morals. My interpretation denies that the principle of right is derived from the categorical imperative, but neither does it adhere to the independence thesis. I present a third way of understanding the relationship between the law of right and the universal law of morals: the latter is needed in order to formulate the former, but it is not sufficient. (...)
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  32. Right-Libertarianism and Luck Sufficientarianism.Konstantin Morozov - 2024 - Tomsk State University Journal of Philosophy, Sociology and Political Science 79:125-133.
    Most right-libertarians deny the permissibility of government redistribution, referring to the inviolability of private property rights. In a rare exception, Eric Mack offers a right-libertarian argument for luck sufficientarianism based on the catastrophe clause. In this view, people who find themselves in trouble through no fault of their own may violate someone else’s property rights in minor ways to save their own lives. But since a literal interpretation of this clause makes property rights too uncertain, Mack proposes (...)
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  33. Publicly Committed to the Good: The State of Nature and the Civil Condition in Right and in Ethics.Stefano Lo Re - 2020 - Diametros 17 (65):56-76.
    In Religion within the Bounds of Bare Reason Kant speaks of an ethical state of nature and of an ethico-civil condition, with explicit reference to the juridical state of nature and the juridico-civil condition he discusses at length in his legal-political writings. Given that the Religion is the only work where Kant introduces a parallel between these concepts, one might think that this is only a loose analogy, serving a merely illustrative function. The paper provides a first outline of the (...)
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  34. By Convention Alone: Assignable Rights, Dischargeable Debts, and the Distinctiveness of the Commercial Sphere.Jed Lewinsohn - 2023 - Ethics 133 (2):231-270.
    This article argues that the dominant “nonconventionalist” theories of promising cannot account for the moral impact of two basic commercial practices: the transfer of contractual rights and the discharge of contractual debt in bankruptcy. In particular, nonconventionalism’s insensitivity to certain features of social context precludes it from registering the moral significance of these social phenomena. As prelude, I demonstrate that Seana Shiffrin’s influential position concerning the divergence between promise and contract commits her to impugning these features of the modern (...)
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  35. Epistemic Rights, Moral Rights, and The Abuse of Perceived Epistemic Authority.Michel Croce - 2023 - Notizie di Politeia 149:122-126.
    This contribution discusses two aspects of Watson’s account of epistemic rights: namely, the nature of epistemic rights, and a particular form of epistemic rights violation that Watson calls the abuse of perceived epistemic authority. It is argued that Watson’s take on both aspects is unsatisfactory, and some suggestions for an alternative view are offered.
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  36. The Language of Rights: Towards an Aristotelian-Thomistic Analysis.Michael Baur - 2011 - Proceedings of the American Catholic Philosophical Association 84:89-98.
    Alasdair MacIntyre has argued that our contemporary discourse about “rights,” and “natural rights” or “human rights,” is alien to the thought of Aristotleand Aquinas. His worry, it seems, is that our contemporary language of rights is often taken to imply that individuals may possess certain entitlement-conferringproperties or powers (typically called “rights”) entirely in isolation from other individuals, and outside the context of any community or common good. In thispaper, I accept MacIntyre’s worries about our (...)
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  37. The Role of Natural Law in Gandhi's Social Utopia.Monika Kirloskar-Steinbach - 2016 - In Günther Enter Author Name Without Selecting A. Profile: Hans-Christian, Paths to Dialogue. Bautz. pp. 251-288.
    The paper attempts to develop an immanent conception of natural law and natural rights of Mohandas Karamchand Gandhi.
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  38. Introduction to Special Issue on Rethinking Rights and Justice for Non-Humans.Deepa Kansra - 2023 - Ili Law Review 1 (Special Issue):1-3.
    This Special Issue is an outcome of the lectures and discussions on ‘Cross-cutting Themes and Concepts in Human Rights’, offered as a Seminar Course to the students of the MA Programme, School of International Studies, Jawaharlal Nehru University. As part of the Course, a Webinar on ‘Rethinking Rights and Justice for Non-Humans’ was held in 2022, in which the participants advanced some of the most compelling arguments for the meaningful representation of non-human entities in law and governance. In (...)
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  39. "Epistemic Reparations and the Right to Be Known".Jennifer Lackey - 2022 - Proceedings and Addresses of the American Philosophical Association 96:54-89.
    This paper provide the first extended discussion in the philosophical literature of the epistemic significance of the phenomenon of “being known” and the relationship it has to reparations that are distinctively epistemic. Drawing on a framework provided by the United Nations of the “right to know,” it is argued that victims of gross violations and injustices not only have the right to know what happened, but also the right to be known—to be a giver of knowledge to others about their (...)
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  40. Modifying the Environment or Human Nature? What is the Right Choice for Space Travel and Mars Colonisation?Maurizio Balistreri & Steven Umbrello - 2023 - NanoEthics 17 (1):1-13.
    As space travel and intentions to colonise other planets are becoming the norm in public debate and scholarship, we must also confront the technical and survival challenges that emerge from these hostile environments. This paper aims to evaluate the various arguments proposed to meet the challenges of human space travel and extraterrestrial planetary colonisation. In particular, two primary solutions have been present in the literature as the most straightforward solutions to the rigours of extraterrestrial survival and flourishing: (1) geoengineering, where (...)
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  41. Human Rights, Claimability and the Uses of Abstraction.Adam Etinson - 2013 - Utilitas 25 (4):463-486.
    This article addresses the so-called to human rights. Focusing specifically on the work of Onora O'Neill, the article challenges two important aspects of her version of this objection. First: its narrowness. O'Neill understands the claimability of a right to depend on the identification of its duty-bearers. But there is good reason to think that the claimability of a right depends on more than just that, which makes abstract (and not welfare) rights the most natural target of her (...)
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  42. Constitutional Rights and Proportionality.Robert Alexy - 2014 - Revus 22:51-65.
    There are two basic views concerning the relationship between constitutional rights and proportionality analysis. The first maintains that there exists a necessary connection between constitutional rights and proportionality, the second argues that the question of whether constitutional rights and proportionality are connected depends on what the framers of the constitution have actually decided, that is, on positive law. The first thesis may be termed ‘necessity thesis’, the second ‘contingency thesis’. According to the necessity thesis, the legitimacy of (...)
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  43. Can Natural Law Thinking be Made Credible in our Contemporary Context?Michael Baur - 2010 - In Christian Spieβ, Freiheit, Natur, Religion: Studien zur Sozialethik. pp. 277-297.
    One of the best-known members of the United Nations Commission which drafted the 1948 "Universal Declaration of Human Rights," Jacques Maritain, famously held that the "natural rights" or "human rights" possessed by every human being are grounded and justified by reference to the natural law.' In many quarters today, the notion of the natural law, and arguments for a set of natural rights grounded in the natural law, have come under fierce (...)
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  44. The Nature Technology Political Spectrum.Benjamin Steyn - 2025 - Philosophy and Technology 38 (1).
    A broad set of public policy debates concern the limits of humanity’s control over nature. Attitudes towards such topics are not well explained by the standard 2-dimensional political model favored by political scientists of i) a left/right economic spectrum and ii) a liberal/authoritarian social spectrum. I pose a new, orthogonal, political spectrum to fill the void. It is a spectrum of value held for, on the one hand, nature, and on the other, technological progress. This harks back to the 18th (...)
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  45. Law and the Rights of the Non-Humans.Deepa Kansra - 2022 - Iils Law Review 8 (2):58-71.
    The law confers rights on non-human entities, namely nature, machines (AI), and animals. While doing so, the law is either viewed as progressive or sometimes as abstract and ambiguous. Despite the critique, it is undeniable that many of the rights of non-humans have come to solidify in statutory and constitutional rules of different systems. In the context of these developments, the article sheds light on the core justifications for advancing the rights of non-human entities. In addition, it (...)
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  46.  85
    Animal & Natural Resource Law Review.Marcia Condoy Truyenque - forthcoming - Animal and Natural Resource Law Review.
    On January 27, 2022, the Constitutional Court of Ecuador (the Court) granted judgment in the case 253-20-JH, called “Rights of Nature and Animals as Subjects of Rights, Estrellita Monkey Case,” popularly known as the Estrellita case. 1 The case generated high expectations because the Court selected it for the development of binding jurisprudence. Since its release, the case has received broad public attention due to its ruling and media outlets having announced that Ecuador is the frst country where (...)
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  47. Rights for Robots: Artificial Intelligence, Animal and Environmental Law.Joshua C. Gellers - 2020 - Abingdon: Routledge.
    Bringing a unique perspective to the burgeoning ethical and legal issues surrounding the presence of artificial intelligence in our daily lives, the book uses theory and practice on animal rights and the rights of nature to assess the status of robots. -/- Through extensive philosophical and legal analyses, the book explores how rights can be applied to nonhuman entities. This task is completed by developing a framework useful for determining the kinds of personhood for which a nonhuman (...)
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  48. The Nature of Our Becoming: Genealogical Perspectives.Anne Sauka - 2020 - Genealogy + Critique 6 (1):1-30.
    In the light of Philipp Sarasin's work in Darwin und Foucault: Genealogie und Geschichte im Zeitalter der Biologie, the article delineates a genealogically articulated naturally produced culture and a cultured nature and discusses the genealogical implications of a carnal, becoming self in a world that could rightly be justified "as an aesthetical phenomenon." The article demonstrates the historicity and processual materiality as a conceptual platform for a combination of the notions of experienced carnality and a socially constructed body, demonstrating such (...)
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  49.  70
    Origin of human rights.Gašpar Fronc - 2013 - In Lenka Dufalová, Katarína Lenhartová & Vladislav Mičátek, Communication as a measure of protection and limitation of human rights. Information in relation to human rights. Univerzita Komenského v Bratislave, Právnická fakulta. pp. 173 – 180.
    Resolving the question of origin for human rights we can distinguish two basic tendencies. Legal positivism refers to the competence of the supremacy. Natural law theory is based on the attributes that characterize human nature. After a brief overview of the history of human rights topic and presentation of understanding of human rights in the most important documents we come to the concept of person. The analysis of this concept gives us the ability to find the (...)
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  50.  43
    Defending the Universal Right to Flee Against the Duty to Fight for One’s Nation.Yuichiro Mori - 2025 - Archiv für Rechts- und Sozialphilosophie 111 (1):7-25.
    Fleeing is an act to which we have attributed different kinds of moral evaluations. It has been associated with virtues such as prudence. At the same time, it has often been seen as a sign of cowardice and irresponsibility. Law in our age sometimes restricts our freedom to flee from danger, even against an individual’s will, as we have all witnessed in the recent war in Ukraine. Here lies the dilemma of the right to flee. Every individual has an interest (...)
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