Search results for 'Philosophy of Human Rights' (try it on Scholar)

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  1. Adam Etinson (2010). To Be or Not to Be: Charles Beitz on the Philosophy of Human Rights. Res Publica 16 (4):441-448.score: 306.0
    This is a review article of Charles Beitz's 2009 book on the philosophy of human rights, The Idea of Human Rights. The article provides a charitable overview of the book's main arguments, but also raises some doubts about the depth of the distinction between Beitz's 'practical' approach to humans rights and its 'naturalistic' counterparts.
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  2. Costas Douzinas & C. A. Gearty (eds.) (2014). The Meanings of Rights: The Philosophy and Social Theory of Human Rights. Cambridge University Press.score: 236.3
    Questioning some of the repetitive and narrow theoretical writings on rights, a group of leading intellectuals examine human rights from philosophical, theological, historical, literary and political perspectives.
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  3. Alana Maurushat (2008). The Benevolent Health Worm : Comparing Western Human Rights-Based Ethics and Confucian Duty-Based Moral Philosophy. [REVIEW] Ethics and Information Technology 10 (1):11-25.score: 234.0
    Censorship in the area of public health has become increasingly important in many parts of the world for a number of reasons. Groups with vested interest in public health policy are motivated to censor material. As governments, corporations, and organizations champion competing visions of public health issues, the more incentive there may be to censor. This is true in a number of circumstances: curtailing access to information regarding the health and welfare of soldiers in the Kuwait and Iraq wars, poor (...)
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  4. Thaddeus Metz (2010). Human Dignity, Capital Punishment, and an African Moral Theory: Toward a New Philosophy of Human Rights. Journal of Human Rights 9 (1):81-99.score: 211.5
    In this article I spell out a conception of dignity grounded in African moral thinking that provides a plausible philosophical foundation for human rights, focusing on the particular human right not to be executed by the state. I first demonstrate that the South African Constitutional Court’s sub-Saharan explanations of why the death penalty is degrading all counterintuitively entail that using deadly force against aggressors is degrading as well. Then, I draw on one major strand of Afro-communitarian thought (...)
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  5. Alan S. Rosenbaum (ed.) (1980). The Philosophy of Human Rights: International Perspectives. Greenwood Press.score: 210.0
  6. Patrick Hayden (2001). The Philosophy of Human Rights. Paragon House.score: 210.0
  7. Christoph Lüth, Dieter Jedan, Thomas Altfelix & Rita E. Guare (eds.) (2002). The Enlightenment Idea of Human Rights in Philosophy and Education and Postmodern Criticism. Winkler.score: 207.8
     
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  8. Amar Dhall (2010). On the Philosophy and Legal Theory of Human Rights in Light of Quantum Holism. World Futures 66 (1):1 – 25.score: 200.3
    This article explores the traditional basis of modern human rights doctrines and exposes some of the systemic shortcomings. It then posits that a number of these problems are advanced via integrating some developments in the philosophy of science and substantive scientific research into legal philosophy. This article argues that supervening holism grounded in quantum mechanics provides an alternative basis to human rights by positing an ontological construct that is congruous with many of the wisdom (...)
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  9. Shannon Brincat (2008). `Death to Tyrants': The Political Philosophy of Tyrannicide - Part I. Journal of International Political Theory 4 (2):212-240.score: 192.0
    This paper examines the conceptual development of the philosophical justifications for tyrannicide. It posits that the political philosophy of tyrannicide can be categorised into three distinct periods or models, the classical, medieval, and liberal, respectively. It argues that each model contained unique themes and principles that justified tyrannicide in that period; the classical, through the importance attached to public life and the functional role of leadership; the medieval, through natural law doctrine; and the liberal, through the postulates of social (...)
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  10. Courtney Hillebrecht (2012). Implementing International Human Rights Law at Home: Domestic Politics and the European Court of Human Rights. Human Rights Review 13 (3):279-301.score: 189.0
    The European Court of Human Rights (ECtHR) boasts one of the strongest oversight systems in international human rights law, but implementing the ECtHR’s rulings is an inherently domestic and political process. This article begins to bridge the gap between the Court in Strasbourg and the domestic process of implementing the Court’s rulings by looking at the domestic institutions and politics that surround the execution of the ECtHR’s judgments. Using case studies from the UK and Russia, this (...)
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  11. Deryck Beyleveld (2012). The Principle of Generic Consistency as the Supreme Principle of Human Rights. Human Rights Review 13 (1):1-18.score: 187.5
    Alan Gewirth’s claim that agents contradict that they are agents if they do not accept that the principle of generic consistency (PGC) is the supreme principle of practical rationality has been greeted with widespread scepticism. The aim of this article is not to defend this claim but to show that if the first and least controversial of the three stages of Gewirth’s argument for the PGC is sound, then agents must interpret and give effect to human rights in (...)
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  12. Freek van der Vet (2012). Seeking Life, Finding Justice: Russian NGO Litigation and Chechen Disappearances Before the European Court of Human Rights. Human Rights Review 13 (3):303-325.score: 187.5
    This article presents findings from an interview study of human rights practitioners who assist relatives of the disappeared from Chechnya with their complaints before the European Court of Human Rights (ECtHR). These practitioners work for nongovernmental organizations (NGOs). The study contributes to the scant literature on NGO litigation before the ECtHR and to the social scientific literature on how human rights are actively practiced. It investigates the NGOs’ intermediary position between the ECtHR and the (...)
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  13. Elena Pariotti (2009). International Soft Law, Human Rights and Non-State Actors: Towards the Accountability of Transnational Corporations? [REVIEW] Human Rights Review 10 (2):139-155.score: 185.3
    During this age of globalisation, the law is characterised by an ever diminishing hierarchical framework, with an increasing role played by non-state actors. Such features are also pertinent for the international enforceability of human rights. With respect to human rights, TNCs seem to be given broadening obligations, which approach the borderline between ethics and law. The impact of soft law in this context is also relevant. This paper aims to assess whether, and to what extent, this (...)
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  14. David L. Richards & K. Chad Clay (2012). An Umbrella With Holes: Respect for Non-Derogable Human Rights During Declared States of Emergency, 1996–2004. [REVIEW] Human Rights Review 13 (4):443-471.score: 184.5
    This paper examines the effects of non-derogability status for seven human rights during declared states of emergency from 1996 to 2004 in 195 countries. For this purpose, we create several original measures of countries’ state of emergency status. Our analysis finds the intended protections from the special legal status of non-derogable rights to be anemic, at best, during declared emergencies. This finding begs a reconsideration of both the utility of the “non-derogable” categorization in both international and municipal (...)
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  15. Clark Butler, Review of the Book,The Philosophy of Human Rights, Edited by Alan Rosenbaum. [REVIEW]score: 182.3
    Chaim Perelman's article in this volume first set me on the path of human rights ethics. A professor of Rhetoric, he understood the construction of human rights to be the construction of a universal audience, or potential universal audience, for the exercise of freedom of expression.
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  16. Costas Douzinas (2007). Human Rights and Empire: The Political Philosophy of Cosmopolitanism. Routledge-Cavendish.score: 178.5
    Erudite and timely, this book is a key contribution to the renewal of radical theory and politics.
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  17. Robin Redhead & Nick Turnbull (2011). Towards a Study of Human Rights Practitioners. Human Rights Review 12 (2):173-189.score: 178.5
    The expansion of human rights provisions has produced an increasing number of human rights practitioners and delineated human rights as a field of its own. Questions of who is practicing human rights and how they practice it have become important. This paper considers the question of human rights practice and the agency of practitioners, arguing that practice should not be conceived as the application of philosophy, but instead approached from (...)
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  18. Gabriel Andreescu & Liviu Andreescu (2010). The European Court of Human Rights' Lautsi Decision: Context, Contents, Consequences. Journal for the Study of Religions and Ideologies 9 (26):47-74.score: 178.5
    The paper discusses the context, substance and likely implications of the European Court of Human Rights’ very recent but, in our view, historic decision in the case of Lautsi v. Italy. The article offers an outline of the case and of the decision’s motivation, a presentation of the responses, and a brief discussion of its relevance to the similar Romanian case. We examine in some detail the objections leveled against the ruling, track the progress of the Court’s relevant (...)
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  19. Joseph Hoover & Marta Iñiguez De Heredia (2011). Philosophers, Activists, and Radicals: A Story of Human Rights and Other Scandals. [REVIEW] Human Rights Review 12 (2):191-220.score: 178.5
    Paradoxically, the political success of human rights is often taken to be its philosophical failing. From US interventions to International NGOs to indigenous movements, human rights have found a place in diverse political spaces, while being applied to disparate goals and expressed in a range of practices. This heteronomy is vital to the global appeal of human rights, but for traditional moral and political philosophy it is something of a scandal. This paper is (...)
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  20. Eric D. Smaw (2008). An Analysis of the Philosophy of Universal Human Rights: Hobbes, Locke, and Ignatieff. International Philosophical Quarterly 48 (1):39-58.score: 177.8
    This project is, in part, motivated by my contention that one cannot adequately answer the question regarding the proper justification for human rights until one has answered the metaphysical question regarding the fundamental nature of human rights and the ontological question regarding the proper status of human rights. I offer a sustained analysis of metaphysical, ontological, and justificatory questions regarding human rights with the purpose of illustrating the point that theories that fail (...)
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  21. Virgil Ciomos (2010). The Deterritorialization of Human Rights. Journal for the Study of Religions and Ideologies 9 (25):17-27.score: 177.0
    The jurisdiction of Human Rights finds itself in a paradoxical situation for, on the one hand, these rights are affirmed as universal and, on the other, they emerged from within the boundaries of certain determinate states. That is why Western modernity is marked by a tension between the primary, determined territory proper to the emergence of human right and their universal, world calling. With regard to this tension the present study focuses on several key issues in (...)
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  22. Mark F. N. Franke (2013). A Critique of the Universalisability of Critical Human Rights Theory: The Displacement of Immanuel Kant. [REVIEW] Human Rights Review 14 (4):367-385.score: 176.3
    While the critically oriented writings of Immanuel Kant remain the key theoretical grounds from which universalists challenge reduction of international rights law and protection to the practical particularities of sovereign states, Kant’s theory can be read as also a crucial argument for a human rights regime ordered around sovereign states and citizens. Consequently, universalists may be tempted to push Kant’s thinking to greater critical examination of ‘the human’ and its properties. However, such a move to more (...)
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  23. Lutz Preuss & Donna Brown (2012). Business Policies on Human Rights: An Analysis of Their Content and Prevalence Among FTSE 100 Firms. [REVIEW] Journal of Business Ethics 109 (3):289-299.score: 176.3
    The new millennium has witnessed a growing concern over the impact of multinational enterprises (MNEs) on human rights. Hence, this article explores (1) how wide-spread corporate policies on human rights are amongst large corporations, specifically the FTSE 100 constituent firms, (2) whether any sectors are particularly active in designing human rights policies and (3) where corporations have adopted such policies what their content is. In terms of adoption rates of human rights policies, (...)
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  24. Ian Leigh (2011). Damned If They Do, Damned If They Don't: The European Court of Human Rights and the Protection of Religion From Attack. Res Publica 17 (1):55-73.score: 175.5
    The approach of the European Court of Human Rights to cases of religiously offensive expression is inconsistent and unsatisfactory. A critical analysis of the Court’s jurisprudence on blasphemy, religious insult and religious hatred identifies three problems with its approach in this field. These are: the embellishment and over-emphasis of freedom of religion, the use of the margin of appreciation and the devaluing of some forms of offensive speech. Nevertheless, it is possible to defend a more coherent approach to (...)
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  25. Ann Elizabeth Mayer (2009). Human Rights as a Dimension of CSR: The Blurred Lines Between Legal and Non-Legal Categories. [REVIEW] Journal of Business Ethics 88 (4):561 - 577.score: 175.5
    At the UN, important projects laying down transnational corporations' (TNCs) human rights responsibilities have been launched without ever clarifying the relevant theoretical foundations. One of the consequences is that the human rights principles in projects like the 2000 UN Global Compact and the 2003 Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights can be understood in different ways, which should not cause surprise given that their authors (...)
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  26. Edita Gruodytė (2012). Legal Aspects of Regulation of Abortion in the Context of Jurisprudence of the European Court of Human Rights. Jurisprudence 19 (2):739-752.score: 175.5
    Regulatory approach to the right to abortion in Europe is diverse and basically related to the issue of when the right to life begins and how this question is reflected in national legislation. Such an approach and diversity is tolerated by the European Court of Human Rights, but only if some specific standards and criteria formulated in the jurisprudence of the European Court of Human Rights are reflected in national legislation. Research of the Lithuanian legal acts (...)
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  27. Justinas Žilinskas & Dovilė Gailiūtė (2012). Review of Judgments of the European Court of Human Rights in Cases Against the Republic of Lithuania in 2011. [REVIEW] Jurisprudence 19 (1):369-390.score: 175.5
    In 2011 the European Court of Human Rights delivered 10 judgments in cases against the Republic of Lithuania. In 9 judgments the Court found at least one violation of rights and freedoms guaranteed by the European Convention on Human Rights. Article 6 which provides the right to a fair trial, remains dominant in the applications against Lithuania, since in 7 out of 10 delivered judgments the Court declared violations of Article 6 (mostly paragraph 1 concerning (...)
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  28. Danutė Jočienė (2010). Protection of Human Rights under the European Convention on Human Rights and the European Union Law (text only in Lithuanian). Jurisprudence 121 (3):97-113.score: 175.5
    The system of the European Convention on Human Rights created in 1950 is still regarded as the most important and effective regional system for the protection of human rights in the whole world. However, the experience of the European Court of Human Rights (ECHR) has clearly showed that the steady growth in the number of cases brought before the ECHR makes it increasingly difficult to keep the length of proceedings within the acceptable limits and (...)
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  29. Indrė Pukanasytė (2009). Some Aspects Related to the Interpretation of the Right to Free Elections in the Case-Law of the European Court of Human Rights. Jurisprudence 115 (1):155-182.score: 175.5
    The paper focuses on the general principles established in the caselaw of the European Court of Human Rights while applying and interpreting the Article 3 of the First Protocol of the Convention for the Protection of Human Rights and Fundamental Freedoms which provides: „The High Contracting Parties undertake to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the (...)
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  30. Solveiga Cirtautienė (2013). Impact of Human Rights on Private Law in Lithuania and Other European Countries: Problematic Aspects. Jurisprudence 20 (1):77-90.score: 175.5
    The aim of this article is to investigate the problem how and to what extent human rights affect the relationships between private parties and what consequences this effect has for the development of private law in Lithuania and other European countries. Because Lithuanian legal doctrine lacks relevant research on this subject-matter, the author seeks to start and invoke the beginning of conceptual academic discourse on the matter. It is argued that despite the fact that in many countries the (...)
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  31. Martin Reufels & Karl Molle (2012). Labour Law Within the Recent Jurisprudence of the European Court of Human Rights. Jurisprudence 19 (4):1567-1583.score: 175.5
    The article deals with the impact of the recent jurisprudence of the European Court of Human Rights (ECHR) on the German labour law practice. After a brief introduction of the general importance of the jurisprudence of the ECHR for the German labour law (I.), the authors illustrate the German and the ECHR’s jurisprudence on the duty of loyalty towards the ecclesiastic employer (II.) and whistle blowing (III.). Analysing this jurisprudence, the authors come to the conclusion that the ECHR (...)
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  32. Mark Engler (2000). Toward the "Rights of the Poor": Human Rights in Liberation Theology. Journal of Religious Ethics 28 (3):339 - 365.score: 174.8
    In this article, the author traces the response of liberation theologians to human rights initiatives through three distinct stages over the past thirty years: from an initial avoidance of the concept, to an early critique, and then to a nuanced theological appropriation. He contends that liberation theology brings a thoroughgoing concern for the poor and an innovative methodology of historicization to the discussion of human rights. In clarifying the treatment of human rights within a (...)
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  33. S. Prakash Sethi, David B. Lowry, Emre A. Veral, H. Jack Shapiro & Olga Emelianova (2011). Freeport-McMoRan Copper & Gold, Inc.: An Innovative Voluntary Code of Conduct to Protect Human Rights, Create Employment Opportunities, and Economic Development of the Indigenous People. [REVIEW] Journal of Business Ethics 103 (1):1-30.score: 174.8
    Environmental degradation and extractive industry are inextricably linked, and the industry’s adverse impact on air, water, and ground resources has been exacerbated with increased demand for raw materials and their location in some of the more environmentally fragile areas of the world. Historically, companies have managed to control calls for regulation and improved, i.e., more expensive, mining technologies by (a) their importance in economic growth and job creation or (b) through adroit use of their economic power and bargaining leverage against (...)
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  34. John Mahoney (2007). The Challenge of Human Rights: Origin, Development, and Significance. Blackwell Pub..score: 174.0
    The Challenge of Human Rights traces the history of human rights theory from classical antiquity through the enlightenment to the modern human rights movement, and analyses the significance of human rights in today’s increasingly globalized world. Provides an engaging study of the origin and the philosophical and political development of human rights discourse. Offers an original defence of human rights. Explores the significance of human rights in (...)
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  35. Clinton Timothy Curle (2007). Humanité: John Humphrey's Alternative Account of Human Rights. University of Toronto Press.score: 174.0
    Curle concludes that the Universal Declaration of Human Rights, understood in a Bergsonian context, provides us with a way to affirm in the modern context that ...
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  36. Saulius Katuoka & Andrius Bambalas (2011). Review of Decisions of the European Court of Human Rights in Cases Against the Republic of Lithuania in 2010. [REVIEW] Jurisprudence 18 (4):1641-1657.score: 174.0
    This article presents the review of the cases decided by the European Court of Human Rights against Lithuania during 2010. Authors provide the summary of relevant cases so that the potential reader is updated with the latest developments of human rights protection concerning Lithuania. Among other cases, this article reviews the case Cudak v. Lithuania decided by the Grand Chamber, which clarified the issues of restrictive principle of State immunity in employment disputes.
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  37. Aistė Račkauskaitė-Burneikienė (2013). The Impact of General Human Rights on the Protection of Persons Belonging to National Minorities. Jurisprudence 20 (3):923-950.score: 173.3
    The protection of national minorities forms a constituent part of the international protection of human rights. General human rights treaties (the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention for the Protection of Human Rights and Fundamental Freedoms and others) create guarantees for the protection of persons belonging to national minorities on the basis of individual human rights. Although the mentioned (...)
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  38. Lijana Štarienė (2009). The Limits of the Use of Undercover Agents and the Right to a Fair Trial Under Article 6(1) of the European Convention on Human Rights. [REVIEW] Jurisprudence 117 (3):263-284.score: 173.3
    Various special investigative methods are more often applied nowadays; their use is unavoidably induced by today’s reality in combating organised crime in the spheres such as corruption, prostitution, drug trafficking, trafficking in persons, money counterfeit and etc. Therefore, special secret investigative methods are more often used and they are very effective in gathering evidence for the purpose of detecting and investigating very well-organised or latent crimes. Both the Convention on the Protection on Human Rights and Fundamental Freedoms itself, (...)
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  39. Toma Birmontiene (2010). Intersection of the Jurisprudences. The European Convention on Human Rights and the Constitutional Doctrine Formulated by the Constitutional Court of the Republic of Lithuania. Jurisprudence 119 (1):7-27.score: 173.3
    The article discusses the certain features of the constitutional doctrine of human rights developed by the Constitutional Court of Lithuania which were influenced by the jurisprudence of the European Court of Human Rights, the role of the European Convention on Human Rights as a legal source in the system of sources of constitutional law. The intersection of the jurisprudences, which came into being due to different assessments of the legal regulation in cases where the (...)
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  40. Patrick Loobuyck (2010). Intrinsic and Equal Human Worth in a Secular Worldview. Fictionalism in Human Rights Discourse. Journal for the Study of Religions and Ideologies 3 (9):58-77.score: 172.5
    One of the most central ideas of secular, humanistic morality is the thesis of intrinsic and equal human worth. Paradoxically, it is very hard to place this thesis in a secular worldview, because an indifferent universe can not make room for intrinsic values and a priori human rights. Nevertheless, it would not be a good solution to jettison the whole human rights discourse. Therefore, this paper proposes the stance of moral fictionalism: to believe that the (...)
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  41. Adam Etinson (2013). Human Rights, Claimability and the Uses of Abstraction. Utilitas 25 (4):463-486.score: 171.8
    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. Marek Piechowiak (2007). Służebność państwa wobec człowieka i jego praw jako naczelna idea Konstytucji RP z 2 kwietnia 1997 roku – osiągnięcie czy zadanie? [Subordination of the State to the Individual and to Human Rights as a Central Idea of Poland’s Constitution of 2 April 1997: A Goal or an Achievement?]. Przegląd Sejmowy 15 (4 (81)):65-91.score: 171.8
    The article deals with relations between the individual and human rights on the one hand, and the State on the other, in the context of the Constitution of the Republic of Poland. The author poses the question whether the idea of subordination of the State to the individual is really a central idea of that constitution. He puts forward many arguments against such suggestion. These arguments relate, above all, to the arrangement of the constitution: a chapter concerning (...) rights is chapter II, while chapter I deals with foundation of the State; the goals of the State are specified in the preamble including the following initial phrase “the existence and future of Poland as our Homeland” and in Article 5 where human rights are as subject of protection by the State is mentioned after independence and integrity of [its] territory; a general concept of human rights protection adopted in the constitution is dominated by the structures typical of law in its objective sense; the way of regulation admissible limitations on human rights differs from international standards; possibility of claiming human rights is constitutionally guaranteed, mostly by constitutional complaint which is above all aimed at correction of legal system, rather than claiming of rights by the individual; Article 1 (“The Republic of Poland shall be the common good of all its citizens”) interpreted as referring to Article 1 paragraph 1 of the April Constitution of 1935, one of the main ideas of which was precedence of the State over the individual. He also analyses the arguments in favour of the recognition of the idea of subordination of the State. Nevertheless, they cannot be accepted as resolving the question of whether it is a central idea of the constitution. These arguments include in particular: the principle of subsidiarity contained in the preamble, even if it has not been appropriately emphasized there; recognition of inherent and inalienable dignity of the person, but it was not until Article 30 that this provision has been contained and it does not determine the relations between the human dignity and rights and the State. The author suggests that the only conclusive way to justify the subordination of the State in relation to the individual as a central idea of the constitution is by means of Article 1. Taking into account, above all, preparatory work, we should reject the interpretation of that article referring to the April (1935) Constitution. Essential interpretative context may be found in preparatory work and social teachings of the Catholic Church, referred to therein. In that case, the common good means the entirety of the conditions of social life which favour the human development. These conditions include above all the respect for human dignity. Such interpretation of Article 1 gives priority to proposals on what the State should be to serve the individual rather than to safeguard obligations of citizens in relation to the State. (shrink)
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  43. Filip Spagnoli (2003). Homo Democraticus: On the Universal Desirability and the Not so Universal Possibility of Democracy and Human Rights. Cambridge Scholars.score: 171.8
    The subject of the book - the universal value of human rights and democracy - is highly topical in view of the "democratic imperialism" of the current US ...
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  44. Jonas Juškevičius & Janina Balsienė (2010). On Human Rights in Healthcare: Some Remarks on Limits of the Right to Healthcare. Jurisprudence 122 (4):95-110.score: 171.8
    Notwithstanding the expectations related to the ‘invasion’ of human rights into the field of healthcare, the complexity of this field raises some problematic questions about the applicability of such a legal instrument. The present paper analyses the possible limits to the content of the core right to healthcare. These limits are discussed through the examination of two normative pillars of health law: the right to individual self-determination (or the principle of individual autonomy) and the right to healthcare itself. (...)
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  45. Francesco De Santis di Nicola (2011). Principle of Subsidiarity and 'Embeddedness' of the European Convention on Human Rights in the Field of the Reasonable-Time Requirement: The Italian Case. Jurisprudence 18 (1):7-32.score: 171.8
    The right to ‘domestic remedies’, which ideally connects ‘subsidiarity’ and ‘embeddedness’ of the ECHR in the legal systems of member States, is deemed to play a crucial role for the Strasbourg machinery survival as well as for an effective protection of human rights, especially in the field of the ‘reasonable-time’ requirement. In this respect the Italian case seems an excellent test. Once a compensatory remedy was introduced in the Italian legal system by Law No. 80 of 2001 (the (...)
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  46. Stefan Kirchner (2012). The Confessional Secret Between State Law and Canon Law and the Right to Freedom of Religion Under Article 9 of the European Convention on Human Rights. Jurisprudence 19 (4):1317-1326.score: 171.0
    Within the Irish government there is a discussion regarding the possibility of limiting the legal protection afforded to the confessional secret. This paper addresses the question of whether this suggestion, if it were to be implemented by the legislature, would be compatible with the right to religious freedom under Article 9 of the European Convention on Human Rights (ECHR). This text will also highlight the role of the confessional secret in canon law and the protection of it under (...)
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  47. S. Brincat (2009). 'Death to Tyrants": Self-Defence, Human Rights and Tyrannicide - Part II. Journal of International Political Theory 5 (1):75-93.score: 171.0
    This is the final part of a series of two papers that have examined the conceptual development of the philosophical justifications for tyrannicide. While Part I focused on the classical, medieval, and liberal justifications for tyrannicide, Part II aims to provide the tentative outlines of a contemporary model of tyrannicide in world politics. It is contended that a reinvigorated conception of self-defence, when coupled with the modern understanding of universal human rights, may provide the foundation for the normative (...)
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  48. Stephen P. Marks (forthcoming). Human Rights and the Challenges of Science and Technology. Science and Engineering Ethics:1-7.score: 171.0
    The expansion of the corpus of international human rights to include the right to water and sanitation has implications both for the process of recognizing human rights and for future developments in the relationships between technology, engineering and human rights. Concerns with threats to human rights resulting from developments in science and technology were expressed in the early days of the United Nations (UN), along with the recognition of the ambitious human (...)
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  49. Rowan Cruft (2006). Against Individualistic Justifications of Property Rights. Utilitas 18 (2):154-172.score: 168.0
    In this article I argue that, despite the views of such theorists as Locke, Hart and Raz, most of a person's property rights cannot be individualistically justified. Instead most property rights, if justified at all, must be justified on non-individualistic (e.g. consequentialist) grounds. This, I suggest, implies that most property rights cannot be morally fundamental ‘human rights’.
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  50. Marcus Arvan (2014). A Better, Dual Theory of Human Rights. Philosophical Forum 45 (1):17-47.score: 165.0
    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 (...) interests or capacities they are supposed to protect, what they require of persons and institutions, etc. Disagreement about human rights is so profound, in fact, that several prominent theorists have remarked that the very concept of a “human right” appears nearly criterionless. In my 2012 article, “Reconceptualizing Human Rights”, I diagnosed the root cause of these problems. Theorists and practitioners have falsely supposed that the concept of “human right” picks out a single, unified class of moral entitlements. However, the concept actually refers to two fundamentally different types of moral entitlements: (A) international human rights, which are universal human moral entitlements to coercive international protections, and (B) domestic human rights, which are universal human moral entitlements to coercive domestic protections. Accordingly, I argue, an adequate “theory of human rights” must be a dual theory. The present paper provides the first such theory. First, I show that almost every justificatory ground given for “human rights” in the literature – such as the notion of a “minimally decent human life”, “urgent human interests”, and “human needs” – faces at least one of two fatal problems. Second, I show that after some revisions, James Griffin’s conception of “personhood” provides a compelling justificatory ground for international human rights. Third, I show that the account entails that there are very few international human rights – far fewer than existing human rights theories and practices suggest. Fourth, I show that there are reasons to find my very short list of international human rights compelling: “human rights justifications” for coercive international and foreign policy actions over the past several have consistently overstepped what can be morally justified, and my account reveals precisely how existing human rights theories and practices have failed to adequately grapple with these moral hazards. Finally, I outline an account of domestic human rights which fits well with many existing human rights beliefs and practices, vindicating those beliefs and practices, but only at a domestic level. (shrink)
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