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  1. Interpreting the Political Theory in the Practice of Human Rights.Brooke Ackerly - 2017 - Law and Philosophy 36 (2):135-153.
    In this discussion of The Heart of Human Rights, I support Allen Buchanan’s pursuit of a theory-in-practice methodology for interpreting the foundations and meaning of international legal human rights from within the practice. Following my use of that methodology, I recharacterize the theory of rights revealed by this methodology as political not moral. I clarify the import of this interpretation of international legal human rights for two problems that trouble Buchanan: whether the scope of ‘basic equal status’ is a global (...)
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  2. Grounding Procedural Rights.N. P. Adams - forthcoming - Legal Theory.
    Contrary to the widely accepted consensus, Christopher Heath Wellman argues that there are no pre-institutional judicial procedural rights. Thus commonly affirmed rights like the right to a fair trial cannot be assumed in the literature on punishment and legal philosophy as they usually are. Wellman canvasses and rejects a variety of grounds proposed for such rights. I answer his skepticism by proposing two novel grounds for procedural rights. First, a general right against unreasonable risk of punishment grounds rights to an (...)
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  3. David V. Goliath: A Brief Assessment of the US Supreme Court's 2011 Ruling Denying Class Certification in Dukes V. Wal‐Mart. [REVIEW]Ronald J. Adams - 2013 - Business and Society Review 118 (2):253-270.
    In 2001, Betty Dukes, then a 54‐year‐old African American, filed suit against her employer, Wal‐Mart, alleging that she had been the victim of gender discrimination. Ms. Dukes alleged that Wal‐Mart, the nation's largest private employer, routinely paid women less than men for comparable work and arbitrarily favored men over women in promotion decisions. In 2004, a U.S. District Court entered an order granting class certification, potentially extending the retailer's financial liability to thousands of current and past Wal‐Mart employees. At that (...)
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  4. The Irrelevance of Religion. [REVIEW]John Adenitire - 2017 - Jurisprudence 8 (2):405-414.
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  5. End-of-Life Issues as Perceived by Lebanese Judges.Salim M. Adib, Sami H. Kawas & Theresa A. Hajjar - 2003 - Developing World Bioethics 3 (1):10–26.
    a relatively more sympathetic attitude among younger judges, many of them women, and among trainees, may reflect a historical evoluti.
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  6. The Comparative Perspective and the Protection of Human Rights a la Francaise.C. Adjei - 1997 - Oxford Journal of Legal Studies 17 (2):281-302.
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  7. Is Secularism Neutral?Rex Ahdar - 2013 - Ratio Juris 26 (3):404-429.
    This article argues that secularism is not neutral. Secularization is a process, the secular state is a structure, whereas secularism is a political philosophy. Secularism takes two main forms: first, a “benevolent” secularism that endeavours to treat all religious and nonreligious belief systems even-handedly, and, second, a “hostile” kind that privileges unbelief and excludes religion from the public sphere. I analyze the European Court of Human Rights decision in Lautsi v Italy, which illustrates these types. The article concludes that secularism (...)
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  8. Reservations to Human Rights Treaties: Problematic Aspects Related to Gender Issues.Aistė Akstinienė - 2013 - Jurisprudencija: Mokslo darbu žurnalas 20 (2):451-468.
    In this article the author analyses specific reservations that are being done to the international documents for the protection of human rights and whether Vienna Convention on the Law of the Treaties applies to those human rights treaties or not. Also, the author analyses if reservations, which are incompatible with object and purpose of the treaty, can be done or not and what consequences they might bring. For this reason the author describes the practice of the state members under the (...)
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  9. Electronic Monitoring of Felons by Computer: Threat or Boon to Civil Liberties?Elaine Alexander & Larry Alexander - 1985 - Social Theory and Practice 11 (1):89-95.
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  10. Are Procedural Rights Derivative Substantive Rights?L. Alexander - 1998 - Law and Philosophy 17 (1):19-42.
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  11. Plastic Trees and Gladiators: Liberalism and Aesthetic Regulation: Plastic Trees and Gladiators.Larry Alexander - 2010 - Legal Theory 16 (2):77-90.
    The hallmark of modern liberalism is its embrace of the Millian harm principle and its antipathy to legal moralism. In this article I consider whether aesthetic regulations can be justified under the harm principle as that principle has been elaborated by Joel Feinberg. I conclude that aesthetic and other regulations that most liberals regard as unproblematic are actually instances of legal moralism.
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  12. Is There a Right of Freedom of Expression?Larry Alexander - 2008 - Law and Philosophy 27 (1):97-104.
    In this provocative book, Alexander offers a sceptical appraisal of the claim that freedom of expression is a human right. He examines the various contexts in which a right to freedom of expression might be asserted and concludes that such a right cannot be supported in any of these contexts. He argues that some legal protection of freedom of expression is surely valuable, though the form such protection will take will vary with historical and cultural circumstances and is not a (...)
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  13. Rules, Rights, Options, and Time.Larry Alexander - 2000 - Legal Theory 6 (4):391-404.
  14. Are Procedural Rights Derivative Substantive Rights?Larry Alexander - 1998 - Law and Philosophy 17 (1):19-42.
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  15. Introduction to Issues 2 and 3: Symposium on Consent in Sexual Relations: Larry Alexander.Larry Alexander - 1996 - Legal Theory 2 (2):87-88.
    Legal and social norms regarding gender relations have undergone dramatic changes in the past 25 years. The changes have come about largely because of the confluence of changing economic and technological realities, the unfolding of the norm dictating equal treatment of individuals, the sexual revolution and its corollaries of improved contraception and legal abortion, the rise of women as a self-conscious group and a presence in the academy, and the interrelations of all of these factors. As men and women have (...)
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  16. Consent Does Not Require Communication: A Reply to Dougherty.Larry Alexander, Heidi Hurd & Peter Westen - 2016 - Law and Philosophy 35 (6):655-660.
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  17. Review: Deborah Hellman and Sophia Moreau, Eds., Philosophical Foundations of Discrimination Law. [REVIEW]Review by: Larry Alexander - 2015 - Ethics 125 (3):872-879,.
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  18. Discourse Theory and Human Rights.Robert Alexy - 1996 - Ratio Juris 9 (3):209-235.
  19. Basic Rights and Democracy in Jurgen Habermas's Procedural Paradigm of the Law.Robert Alexy - 1994 - Ratio Juris 7 (2):227-238.
  20. Shorter Article: Bill of Rights and Judicial Power - a Liberal's Quandary.J. Allan - 1996 - Oxford Journal of Legal Studies 16 (2):337-340.
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  21. Scepticism, Rights and Utility.James Plunkett Allan - 1998 - Ratio Juris 11 (4):413-424.
  22. Constitutional Rights and Common Law.T. R. S. Allan - 1991 - Oxford Journal of Legal Studies 11 (4):453-480.
  23. The Rights of Others: Aliens, Residents, and Citizens (Review).Amy Allen - 2007 - Hypatia 22 (2):200-204.
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  24. Promises, Rights and Claims.David Alm - 2011 - Law and Philosophy 30 (1):51-76.
    The paper argues that promise rights presuppose independently existing (if not pre-existing) claims. The argument relies on the Bifurcation Thesis, according to which all claims, and all rights, can be exhaustively divided into two categories: capacity based and exercise based.
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  25. The Unequal Right to Age Equality: Towards a Dignified Lives Approach to Age Discrimination.Pnina Alon-Shenker - 2012 - Canadian Journal of Law and Jurisprudence 25 (2):243-282.
    This paper critically examines prevailing egalitarian theories . The paper proposes an alternative theoretical framework: the Dignified Lives Approach. This theoretical framework, which rests on deontological foundations, considers all human beings as of equal moral worth, and advocates treating each individual with equal concern and respect at any given time. The paper articulates five essential principles of equality founded in the notion of equal concern and respect: the principle of individual assessment, the principle of equal influence, the principle of sufficiency, (...)
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  26. Does the ADA Provide Protection Against Discrimination on the Basis of Genotype?Joseph S. Alper - 1995 - Journal of Law, Medicine and Ethics 23 (2):167-172.
  27. Discrimination Debated: A Review of Deborah Hellman and Sophia Moreau , Philosophical Foundations of Discrimination Law[REVIEW]Andrew Altman - 2015 - Jurisprudence 6 (1):156-168.
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  28. Religion, Taxes, and Sex Discrimination.Andrew Altman - 2005 - Legal Theory 11 (2):125-142.
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  29. Reinterpreting the Right to an Open Future: From Autonomy to Authenticity.Scott Altman - 2018 - Law and Philosophy 37 (4):415-436.
    This paper reinterprets a child’s right to an open future as justified by authenticity rather than autonomy. It argues that authenticity can be recognized as valuable by people whose conceptions of the good do not value autonomy. As a running example, the paper considers ultra-Orthodox Jews who lead separatist lives and who deny their sons secular education beyond an elementary school level. If their adult sons want to have careers and participate in life outside the religious enclave, they cannot easily (...)
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  30. Divorcing Threats and Offers.Scott Altman - 1996 - Law and Philosophy 15 (3):209 - 226.
    Theories of threats and offers can blind us to some wrongs even as they illuminate others. Spouses sometimes negotiate divorce settlements by proposing to litigate custody unless given financial concessions. Supported by theories that rely exclusively on rights, courts often uphold these settlements saying things like "[s]imply insisting upon ... what one believes to be his legal rights is not coercive." I suggest a means of distinguishing (divorcing) threats from offers that explains why it is sometimes coercive to insist on (...)
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  31. Social Democracy and the Limits of Rights Constitutionalism.Gavin Anderson - 2004 - Canadian Journal of Law and Jurisprudence 17 (1):31-59.
    Can rights constitutionalism operate as a social democratic restraint on private power? How should we assess this? Following renewed interest in social democratic legal theory, some propose developing more egalitarian forms of rights constitutionalism as a counterweight to overweening private power in the global economy. Such strategies follow a normative methodology, associated with liberal accounts of legality which emphasize the autonomy of law as an external means of social change. This can be contrasted with traditional social democratic accounts of law (...)
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  32. Sailing Alone: Teenage Autonomy and Regimes of Childhood.Joel Anderson & Rutger Claassen - 2012 - Law and Philosophy 31 (5):495-522.
    Should society intervene to prevent the risky behavior of precocious teenagers even if it would be impermissible to intervene with adults who engage in the same risky behavior? The problem is well illustrated by the legal case of the 13-year-old Dutch girl Laura Dekker, who set out in 2009 to become the youngest person ever to sail around the world alone, succeeding in January 2012. In this paper we use her case as a point of entry for discussing the fundamental (...)
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  33. Hohfeld's Arc.Mark Andrews - manuscript
    The eight jural relations defined by Wesley Hohfeld unite the many legal relationships that exist in American law. Together they are all part of a single structure, and this structure forms both a normal curve and a square of opposition. The two images express the process of legal analysis.
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  34. International Law and the Right to Legal Representation in Capital Offence Cases—a Comparative Approach.R. M. B. Antonie - 1992 - Oxford Journal of Legal Studies 12 (2):284-294.
  35. Law as Rule and Principle: Problems of Legal Philosophy.Theodore M. Benditt - 1978 - Stanford University Press.
  36. Democracy, Law and Authority, Review of Lukas Meyer, Stanley Paulson and Thomas Pogge (Eds), Rights, Culture and the Law: Themes From the Legal and Political Philosophy of Joseph Raz.Samantha Besson - forthcoming - Journal of Moral Philosophy.
  37. Transfer of Juveniles to Criminal Court: A Case Study and Analysis of Prosecutorial Waiver.Donna Bishop & Charles Frazier - 1991 - Notre Dame Journal of Law, Ethics and Public Policy 5 (2):281-302.
  38. The Road to Judgment: From Custom to Court in Medieval Ireland and Wales. [REVIEW]Lisa Bitel - 1995 - Speculum 70 (3):680-682.
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  39. Balancing Constitutional Rights: The Origins and Meanings of Postwar Legal Discourse.Jacco Bomhoff - 2013 - Cambridge University Press.
    The language of balancing is pervasive in constitutional rights jurisprudence around the world. In this book, Jacco Bomhoff offers a comparative and historical account of the origins and meanings of this talismanic form of language, and of the legal discourse to which it is central. Contemporary discussion has tended to see the increasing use of balancing as the manifestation of a globalization of constitutional law. This book is the first to argue that 'balancing' has always meant radically different things in (...)
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  40. In Defence of Infringement.Andrew Botterell - 2008 - Law and Philosophy 27 (3):269-292.
    According to a familiar and influential view, rights are not absolute. To the contrary, they can sometimes be permissibly interfered with. I find such a view of rights attractive. John Oberdiek thinks otherwise. In a recent paper in this journal, Oberdiek has argued that any account of rights that incorporates a distinction between infringing and violating a right is indefensible. My aim in this paper is to argue that Oberdiek's worries are misplaced. The paper proceeds as follows. After some terminological (...)
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  41. Climate Rights - Feasible or Not?Eric Brandstedt & Anna-Karin Bergman - 2013 - Environmental Politics 22 (3):394-409.
    Scholars have argued that we have compelling reasons to combat climate change because it threatens human rights, referred to here as ‘climate rights’. The prospects of climate rights are analysed assuming two basic desiderata: its accuracy in capturing the normative dimension of climate change ; and its ability to generate political measures. In order for climate rights to meet these desiderata certain conditions must be satisfied: important human interests are put at risk by global climate change; there is an identified (...)
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  42. Censorship as Catalyst for Artistic Innovation.Aili Bresnahan - 2013 - Journal for Peace and Justice Studies 23 (2):98-116.
    One kind of government-supported censorship of the arts targets not the expressive content of any particular artwork but instead seeks to suppress the activity of a group of people based on some feature of the group’s human identity such as race, gender or class. Using examples from the history of the development of black music in the United States that followed from the legal oppression of slavery and from evidence of changes in the Punjabi theatre in Pakistan following state-sanctioned suppressions (...)
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  43. Censorship as Catalyst for Artistic Innovation.Aili Bresnahan - 2013 - Journal for Peace and Justice Studies 23 (2):98-116.
    One kind of government-supported censorship of the arts targets not the expressive content of any particular artwork but instead seeks to suppress the activity of a group of people based on some feature of the group’s human identity such as race, gender or class. Using examples from the history of the development of black music in the United States that followed from the legal oppression of slavery and from evidence of changes in the Punjabi theatre in Pakistan following state-sanctioned suppressions (...)
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  44. Rights: Legal and Moral Parameters.William H. Bruening - unknown
  45. A Strategic Approach to Enabling Sex Workers' Legal Rights in Queensland and Federal Jurisdictions: Opportunities for Sex Worker Organisations.Fiona Bucknall - unknown
    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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  46. To Some, the Question of Whether Legal Rights Should, or Even.David J. Calverley - 2011 - In M. Anderson S. Anderson (ed.), Machine Ethics. Cambridge Univ. Press. pp. 213.
  47. Rights in Private Law.Peter Cane - 2012 - In Donal Nolan & Andrew Robertson (eds.), Rights and Private Law. Hart.
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  48. His Right to Say It.Noam Chomsky - unknown
    In the fall of 1979, I was asked by Serge Thion, a libertarian socialist scholar with a record of opposition to all forms of totalitarianism, to sign a petition calling on authorities to insure Robert Faurisson's "safety and the free exercise of his legal rights." The petition said nothing about his "holocaust studies", apart from noting that they were the cause of "efforts to deprive Professor Faurisson of his freedom of speech and expression." It did not specify the steps taken (...)
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  49. A Complainant-Oriented Approach to Unconscionability and Contract Law.Nicolas Cornell - 2016 - University of Pennsylvania Law Review 164:1131-1175.
    This Article draws attention to a conceptual point that has been overlooked in recent discussions about the theoretical foundations of contract law. I argue that, rather than enforcing the obligations of promises, contract law concerns complaints against promissory wrongs. This conceptual distinction is easy to miss. If one assumes that complaints arise whenever an obligation has been violated, then the distinction does not seem meaningful. I show, however, that an obligation can be breached without giving rise to a valid complaint. (...)
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  50. Rights: Beyond Interest Theory and Will Theory? [REVIEW]Rowan Cruft - 2004 - Law and Philosophy 23 (4):347 - 397.
    It is common for philosophers and legal theorists to bemoan the proliferation of the language of rights in popular discourse.1 In a wide range of contemporary public political and ethical debates, disputants are quick to appeal to the existence of rights that support their position – the ‘human rights’ of innocent victims of war, animals’ noninterference rights, individuals’ and businesses’ rights to economic freedom. It is often maintained, with some plausibility, that these public disputes involve hasty and undefended reliance on (...)
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