Search results for 'legal rights' (try it on Scholar)

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  1. Ugo Pagallo (2013). Online Security and the Protection of Civil Rights: A Legal Overview. [REVIEW] Philosophy and Technology 26 (4):381-395.score: 192.0
    The paper examines the connection between online security and the protection of civil rights from a legal viewpoint, that is, considering the different types of rights and interests that are at stake in national and international law and whether, and to what extent, they concern matters of balancing. Over the past years, the purpose of several laws, and legislative drafts such as ACTA, has been to impose “zero-sum games”. In light of current statutes, such as HADOPI in (...)
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  2. J. Baird Callicott & William Grove-Fanning (2009). Should Endangered Species Have Standing? Toward Legal Rights for Listed Species. Social Philosophy and Policy 26 (2):317-352.score: 180.0
    The Endangered Species Act of 1973 (ESA) is America's strongest environmental law. Its citizen-suit provisionany personawards implicit intrinsic value, de facto standing, and operational legal rights (sensu Christopher D. Stone) to listed species. Accordingly, some cases had gone forward in the federal courts in the name of various listed species between 1979 (Palila v. Hawaii Dept. of Land & Natural Resources) and 2004 (Cetacean Community v. Bush), when the Ninth Circuit Court of Appeals ruled that animals could not (...)
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  3. Loane Skene (2007). Legal Rights in Human Bodies, Body Parts and Tissue. Journal of Bioethical Inquiry 4 (2):129-133.score: 180.0
    This paper outlines the current common law principles that protect people’s interests in their bodies, excised body parts and tissue without conferring the rights of full legal ownership. It does not include the recent statutory amendments in jurisdictions such as New South Wales and the United Kingdom. It argues that at common law, people do not own their own bodies or excised bodily material. People can authorise the removal of their bodily material and its use, either during life (...)
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  4. David Martinez-Zorrilla (2011). The Structure of Conflicts of Fundamental Legal Rights. Law and Philosophy 30 (6):729-749.score: 180.0
    In recent years, the most widespread doctrine about the conflicts between fundamental (usually constitutional) legal rights could be summarized in the following three main theses: (1) The elements in conflict are legal principles, as opposed to legal rules; (2) Those conflicts are not consequences of the existence of inconsistencies or antinomies between the norms involved, but rather depend on the empirical circumstances of the case. In other words, the norms are logically consistent and the conflicts are (...)
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  5. Lorenzo Zucca (2007). Constitutional Dilemmas: Conflicts of Fundamental Legal Rights in Europe and the USA. OUP Oxford.score: 180.0
    This book deals with one of the most important issues of philosophy of law and constitutional thought: how to understand clashes of fundamental rights, such as the conflict between free speech and privacy. The main argument of this book is that much can be learned about the nature of fundamental legal rights by examining them through the lens of conflicts among such rights, and criticizing the views of scholars and jurists who have discussed both fundamental (...) rights and the nature of conflicts among them. -/- Theories of rights are necessarily abstract, aiming at providing the best possible answers to pressing social problems. Yet such theories must also respond to the real and changing dilemmas of the day.Taking up the problem of conflicting rights, Zucca seeks a theory of rights that can guide us to a richer, more responsive approach to rights discourse. -/- The idea of constitutional rights is one of the most powerful tools to advance justice in the Western tradition. But as this book demonstrates, even the most ambitious theory of rights cannot satisfactorily address questions of conflicting rights. How, for instance, can we fully secure privacy when it clashes with free speech? To what extent can our societies assist people in dying without compromising the protection of life? Exploring the limitations of the rights discourse in these areas, Zucca questions the role of law in settling ethical dilemmas helping to clarify thinking about the limitations of rights discourse. (shrink)
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  6. Leif Wenar (2003). Epistemic Rights and Legal Rights. Analysis 63 (2):142–146.score: 180.0
    A Northern Ireland politician declared not long ago that the British people had a right not to believe the IRA’s latest statement on disarmament. Therefore, he said, the British government had no right to allow the IRA further representation at the talks. Rights assertions like these are quite common in everyday talk, even if pronouncements linking epistemic and legal rights are less so.
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  7. Charles Lowell Barzun (2013). Legal Rights and the Limits of Conceptual Analysis: A Case Study. Ratio Juris 26 (2):215-234.score: 180.0
    Legal philosophers divide over whether it is possible to analyze legal concepts without engaging in normative argument. The influential analysis of legal rights advanced by Jules Coleman and Jody Kraus some years ago serves as a useful case study to consider this issue because even some legal philosophers who are generally skeptical of the neutrality claims of conceptual analysts have concluded that Coleman and Kraus's analysis manages to maintain such neutrality. But that analysis does depend (...)
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  8. Pavlos Eleftheriadis (2008). Legal Rights. Oxford University Press.score: 180.0
    How can there be rights in law? We learn from moral philosophy that rights protect persons in a special way because they have peremptory force. But how can this aspect of practical reason be captured by the law? For many leading legal philosophers the legal order is constructed on the foundations of factual sources and with materials provided by technical argument. For this 'legal positivist' school of jurisprudence, the law endorses rights by some official (...)
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  9. David B. Resnik & Efthimios Parasidis (forthcoming). Waiving Legal Rights in Research. Journal of Medical Ethics:2013-101547.score: 180.0
    The US federal research regulations prohibit informed consent, whether written or oral, from including provisions in which human subjects waive or appear to waive legal rights. We argue that policies that prevent human subjects from waiving legal rights in research can be ethically justified under the rationale of group, soft paternalism. These policies protect competent adults from making adverse decisions about health and legal matters that they may not understand fully. However, this rationale is less (...)
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  10. Hans Jörg Sandkühler (2010). Human Dignity, and the Transformation of Moral Rights Into Legal Rights. Iris 2 (4):349-362.score: 180.0
    “Human dignity is inviolable. It must be respected and protected.” What is the status of this proposition? Is human dignity inviolable? Statements on human dignity are closely intertwined with philosophical, anthropological and legal issues – and with the obligations, possibilities and limits of philosophy. Why a plea for human dignity? There are two reasons at least: (i) human dignity is violated, (ii) there are heated debates on exactly what “human dignity“ means. Accordingly, the elements of a normative theory of (...)
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  11. Paulos Z. Eleutheriadēs (2008). Legal Rights. Oxford University Press.score: 174.0
    History and theory -- Descriptions and constructions -- The practical argument -- Rights in law -- Obligation and permission -- Legal relations -- The right to property -- Freedom through law -- Rights in legal deliberation.
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  12. Kerstin Krása (2010). Human Rights for Women: The Ethical and Legal Discussion About Female Genital Mutilation in Germany in Comparison with Other Western European Countries. Medicine, Health Care and Philosophy 13 (3):269-278.score: 168.0
    Within Western European countries the number of women and girls already genitally mutilated or at risk, is rising due to increasing rates of migration of Africans. The article compares legislative and ethical practices within the medical profession concerning female genital mutilation (FGM) in these countries. There are considerable differences in the number of affected women and in legislation and guidelines. For example, in France, Great Britain and Austria FGM is included in the criminal code as elements of crime, whereas in (...)
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  13. Tom Campbell (2004). Prescriptive Legal Positivism: Law, Rights and Democracy. Cavendish Publishing.score: 156.0
    Tom Campbell is well known for his distinctive contributions to legal and political philosophy over three decades. In emphasising the moral and political importance of taking a positivist approach to law and rights, he has challenged current academic orthodoxies and made a powerful case for regaining and retaining democratic control over the content and development of human rights. This collection of his essays reaches back to his pioneering work on socialist rights in the 1980s and forward (...)
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  14. 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: 156.0
    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 come from diverse (...)
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  15. 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: 156.0
    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 conducted (...)
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  16. Saulius Katuoka & Monika Dailidaitė (2012). Responsibility of Transnational Corporations for Human Rights Violations: Deficiencies of International Legal Background and Solutions Offered by National and Regional Legal Tools. Jurisprudence 19 (4):1301-1316.score: 156.0
    The article deals with the question how transnational corporations can bear direct responsibility for human rights abuses they commit by analysing the deficiencies of the current international legal background with respect to human rights and transnational corporations, and the solutions offered by national and regional legal tools. By establishing that current international law is incapable of reducing or compensating for governance gaps, the case law analysis shows that the litigation system under the Alien Tort Claims Act (...)
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  17. Fiona Bucknall (2010). A Strategic Approach to Enabling Sex Workers' Legal Rights in Queensland and Federal Jurisdictions: Opportunities for Sex Worker Organisations. Dialogue 8 (1):1-18.score: 156.0
    Legal protections and remedies for sex workers are important mechanisms for redressing discrimination. This paper proposes a strategic approach at Queensland and national levels using industrial and anti-discrimination laws and institutions to effect change in legal processes and regimes and increase uptake of individual remedies. It provides a strategic approach that could be considered by other organisations advocating with, and for, members of other marginalised groups to effect systemic change.
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  18. Michael C. Davis (ed.) (1995). Human Rights and Chinese Values: Legal, Philosophical, and Political Perspectives. Oxford University Press.score: 156.0
    In March 1993, in preparation for the United Nations World Conference on Human Rights, representatives from the states of Asia gathered in Bangkok to formulate their position on this emotive issue. The result of their discussions was the Bangkok declaration. They accepted the concept of universal standards in human rights, but declared that these standards could not overridet he unique Asian regional and cultural differences, the requirements of economic development, nor the privileges of sovereignty. : The difficult and (...)
     
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  19. Kai Liu (2013). Conundrums in the Legal Protection of Migrant Workers' Health Rights and Relative Resolutions: Implications From the Case of Tseng Hei-Tao. [REVIEW] Medicine, Health Care and Philosophy 16 (3):543-553.score: 156.0
    The deteriorating situation of migrant workers’ health rights protection was once again highlighted in the case of Tseng Hei-tao. This case explicitly and implicitly showed that four conundrums—the Employment Restriction Conundrum, the Occupational Safety and Health (OSH) Legal Conundrum, the Morality Conundrum and the Identity Conundrum—are barriers to migrant workers’ right protection. The health rights of migrant workers could be safeguarded by abolishing the outdated household registration system designed in the planned economy era, improving the rule of (...)
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  20. Ramūnas Birštonas, Nijolė Janina Matulevičienė & Jūratė Usonienė (2011). Problems of Legal Regulation of Performers' Economic Rights in Lithuania (article in Lithuanian). Jurisprudence 18 (3):995-1017.score: 156.0
    This article aims to analyze the legal regulation of performers’ rights in Lithuania. Analysis is divided in two parts: the first part analyses performers’ economic rights by comparing them to the authors’ economic rights and the legal regulation of performers’ rights in foreign countries; the second part of article focuses on the different content of performers’ economic rights due to the mean of fixation of performance (unfixed performance, performance fixed to the phonogram, audiovisual (...)
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  21. Jonathan Dagley (2000). John Wroath, Until They Are Seven: The Origins of Women's Legal Rights. [REVIEW] Feminist Legal Studies 8 (2):259-264.score: 156.0
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  22. J. Raz (1984). Legal Rights. Oxford Journal of Legal Studies 4 (1):1-21.score: 156.0
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  23. Joseph Raz (1994). Legal Rights'(1984). Oxford Journal of Legal Studies 4:1.score: 156.0
     
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  24. Amartya Sen (1996). Legal Rights and Moral Rights: Old Questions and New Problems. Ratio Juris 9 (2):153-167.score: 150.0
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  25. Stephen D. Hudson & Douglas N. Husak (1980). Legal Rights: How Useful is Hohfeldian Analysis? Philosophical Studies 37 (1):45 - 53.score: 150.0
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  26. Thomas D. Perry (1977). A Paradigm of Philosophy: Hohfeld on Legal Rights. American Philosophical Quarterly 14 (1):41 - 50.score: 150.0
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  27. Christopher D. Stone (1987). Legal Rights and Moral Pluralism. Environmental Ethics 9 (3):281-284.score: 150.0
  28. Carl Wellman (1975). Upholding Legal Rights. Ethics 86 (1):49-60.score: 150.0
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  29. Roscoe Pound (1915). Legal Rights. International Journal of Ethics 26 (1):92-116.score: 150.0
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  30. Georg Lohmann (2013). As Definições Teóricas de Direitos Humanos de Jürgen Habermas: O Princípio Legal E as Correções Morais[Ign] [Title Language="En"]The Theoretical Definitions of Human Rights of Jürgen Habermas[Ign]: [Subtitle]Legal Principle and Moral Corrections. Trans/Form/Ação 36 (SPE):87-102.score: 150.0
    No entendimento de Habermas, "direito", na expressão "direitos humanos", é um conceito jurídico, donde direitos humanos, para ele, serem direitos jurídicos, normas legais declaradas em atos de fundações do Estado ou anunciadas em convenções do direito internacional e/ou constituições estatais. Ao conceber assim os direitos e tematizar os direitos humanos numa abordagem tríplice (focando-os entre moral, direito e política), ele fornece diferentes definições teóricas dos direitos humanos. O texto apresenta uma exposição sistemática dessas definições e focaliza os diferentes problemas que (...)
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  31. Stephen D. Hudson (1979). A Note on Feinberg's Analysis of Legal Rights in Terms of the Activity of Claiming. Journal of Value Inquiry 13 (2):155-156.score: 150.0
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  32. John O. Nelson (1987). Brute Animals and Legal Rights. Philosophy 62 (240):171 - 177.score: 150.0
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  33. Jennifer Everett (2002). Rattling the Cage: Toward Legal Rights for Animals (Review). Ethics and the Environment 7 (1):147-153.score: 150.0
  34. Helen Quane (2013). Legal Pluralism and International Human Rights Law: Inherently Incompatible, Mutually Reinforcing or Something in Between? Oxford Journal of Legal Studies 33 (4):675-702.score: 150.0
    The relationship between legal pluralism and international human rights law is a complex and multi-faceted one. To fully appreciate the nature of this relationship, one has to desegregate the various forms of legal pluralism and analyse whether in their existence or operation they are compatible with international human rights law. This article undertakes such an exercise drawing on the jurisprudence of global and regional human rights bodies. In doing so, it goes beyond a mechanical audit (...)
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  35. George W. Harris (1986). Moral Codes and Legal Rights. Southern Journal of Philosophy 24 (1):47-55.score: 150.0
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  36. Garrett Hardin (1975). Should Trees Have Standing?: Toward Legal Rights for Natural Objects Christopher D. Stone. BioScience 25 (5):330-331.score: 150.0
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  37. Rex Martin (1982). On the Theory of Legal Rights as Valid Claims. Midwest Studies in Philosophy 7 (1):175-195.score: 150.0
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  38. Steven M. Wise (2006). Entitling Non-Human Animals to Fundamental Legal Rights on the Basis of Practical Autonomy. In Jacky Turner & Joyce D'Silva (eds.), Animals, Ethics, and Trade: The Challenge of Animal Sentience. Earthscan. 87.score: 150.0
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  39. Jennifer Everett (2002). Book Review: Steven M. Wise. Foreward by Jane Goodall. Rattling the Cage: Toward Legal Rights for Animals. Cambridge, Mass.: Perseus Books, 2000. [REVIEW] Ethics and the Environment 7 (1):147-153.score: 150.0
  40. Larry Powell, Mark Hickson & Justin Johnston (2013). Voluntary Abdication of Legal Rights. American Journal of Semiotics 29 (1/4):117 - 133.score: 150.0
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  41. Elin Skaar (2007). Legal Development and Human Rights in Uruguay: 1985–2002. [REVIEW] Human Rights Review 8 (2):52-70.score: 150.0
    This article attempts to explain why Uruguayan judges have lagged behind judges in Chile and Argentina in the prosecution of the military for human rights violations committed during the dictatorship period in the 1970s and 1980s. By tracing judicial human rights activity in Uruguay from the transition to democratic rule in 1985 until the end of 2002, I argue that Uruguayan judges have been actively restricted by an aggressive anti-human rights policy expressed through a national amnesty law (...)
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  42. David J. Calverley (2011). To Some, the Question of Whether Legal Rights Should, or Even. In M. Anderson S. Anderson (ed.), Machine Ethics. Cambridge Univ. Press. 213.score: 150.0
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  43. Andrew Halpin (2011). Eleftheriadis , Pavlos . Legal Rights .Oxford: Oxford University Press, 2008. Pp. 186. $85.00 (Cloth). Ethics 121 (3):652-657.score: 150.0
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  44. Bartha Maria Knoppers, Timothy Caulfield & T. Douglas Kinsella (1998). Book Reviews-Legal Rights and Human Genetic Material. Bioethics-Oxford 12 (4):343.score: 150.0
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  45. Charles Magel (1985). Animals: Moral Rights and Legal Rights. Between the Species 1 (2):4.score: 150.0
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  46. Christopher D. Stone (forthcoming). 13 Should Trees Have Standing? Toward Legal Rights for Natural Objects. Environmental Ethics: The Big Questions.score: 150.0
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  47. Amar Dhall (2010). On the Philosophy and Legal Theory of Human Rights in Light of Quantum Holism. World Futures 66 (1):1 – 25.score: 144.0
    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 traditions practiced around (...)
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  48. Lukas H. Meyer, Stanley L. Paulson & Thomas Winfried Menko Pogge (eds.) (2003). Rights, Culture, and the Law: Themes From the Legal and Political Philosophy of Joseph Raz. Oxford University Press.score: 144.0
    The volume brings together a collection of original papers on some of the main tenets of Joseph Raz's legal and political philosophy: Legal positivism and the nature of law, practical reason, authority, the value of equality, incommensurability, harm, group rights, and multiculturalism.
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  49. Tomas A. Lipinski (1999). The Commodification of Information and the Extension of Proprietary Rights Into the Public Domain: Recent Legal (Case and Other) Developments in the United States. [REVIEW] Journal of Business Ethics 22 (1):63 - 80.score: 144.0
    As the National Information Infra- structure develops new avenues for information products and services will open. Creating, identifying and protecting the information market space is a critical component to the success of information product and service developments. As a result, the producers of those products and service seek to protect their proprietary interest in the underlying information. However, these actions have broader consequences: Attempts to extend legal protection to basic facts and other public domain information demonstrate that the public (...)
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