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  1. Two Schools of Legal Idealism: A Positivist Introduction.Tony Ward - 2006 - Ratio Juris 19 (2):127-140.
    This article provides a critical introduction to an issue fo Ratio Juris concerend with two contrasting schools of legal idealism: the so-called Sheffield School (Beyleveld, Brownsword and colleagues) and the “discourse ethics” school of Habermas and Alexy. The article focusses on four issues: (1) whether a "claim to correctness" is a necessary feature of law, (2) the connection between correctness and validity, (3) Alexy's argument for a "qualifying connection" between law and morality, and its counterpart in the Sheffield School's approach, (...)
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  • Natural Rights to Welfare.Siegfried Van Duffel - 2011 - European Journal of Philosophy 21 (4):641-664.
    : Many people have lamented the proliferation of human rights claims. The cure for this problem, it may be thought, would be to develop a theory that can distinguish ‘real’ from ‘supposed’ human rights. I argue, however, that the proliferation of human rights mirrors a deep problem in human rights theory itself. Contemporary theories of natural rights to welfare are historical descendants from a theory of rights to subsistence which was developed in twelfth-century Europe. According to this theory, each human (...)
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  • Human Needs: A Realist Perspective.Alison Assiter & Jeff Noonan - 2007 - Journal of Critical Realism 6 (2):173-198.
    This article argues for a realist conception of human needs. By ‘realist’ we mean that certain fundamental needs are categorically distinct from consumer wants, holding independently of people's subjective beliefs as objective life requirements. These basic needs, we contend, are baseline measures of social justice in the sense that no society that does not prioritise their satisfaction can be legitimate. The paper concludes with a comprehensive response to seven core objections to our position.
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