Results for 'Teory of Rights'

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  1. Rights, Pluralism and Education in Europe - A Political-Philosophical Approach.Fabrizio Sciacca - 2010 - In Hauke Brunkhorst & Gerd Grözinger (eds.), The Study of Europe. Nomos Verlagsgesellschaft.
    " This Volume tries to cover some important parts of the whole spectrum of European Studies. The essay of Fabrizio Sciacca begins with the issue of human rights. Sciacca relates the development of human rights regimes within the European Union to the general question of human rights education, without which human rights must keep abstract legality" (Hauke Brunkhorst, Preface).
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  2.  17
    Let's Talk Rights: Messages for the Just Corporation–Transforming the Economy Through the Language of Rights[REVIEW]Florian Wettstein - 2008 - Journal of Business Ethics 78 (1-2):247 - 263.
    Neoliberal globalization has not yielded the results it promised; global inequality has risen, poverty and hunger are still prevailing in large parts of this world. If this devastating situation shall be improved, economists must talk less about economic growth and more about people’s rights. The use of the language of rights will be key for making the economy work more in favor of the least advantaged in this world. Not only will it provide us with the vocabulary necessary (...)
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  3.  14
    Law as a System of Rights: A Critical Perspective.Azadeh Chalabi - 2014 - Human Rights Review 15 (2):117-138.
    The “rhetorical incorporation of human rights terminology” into domestic law is the central concern of this article. Over the last 20 years or so, countries have faced international pressure to conform to human rights standards in order to enjoy legitimacy. However, there is a huge gap between what is legalized as “human rights” in domestic laws and what is set forth as “human rights” in international human rights instruments. Based on this presupposition that a proper (...)
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    Mixing Interest and Control? Assessing Peter Vallentyne’s Hybrid Theory of Rights.Marcus Agnafors - 2015 - Philosophia 43 (4):933-949.
    The relationship between libertarianism and state is a contested one. Despite pressing full and strict ownership of one’s person and any justly acquired goods, many libertarians have suggested ways in which a state, albeit limited, can be regarded as just. Peter Vallentyne has proposed that all plausible versions of libertarianism are compatible with what he calls ‘private-law states’. His proposal is underpinned by a particular conception of rights, which brings Interest Theory of rights and Will Theory of (...) together. If convincing, Vallentyne’s theory of rights enables libertarians to accommodate a limited but nevertheless coercive state that can act without the full consent of the affected citizen. In this paper, it is argued that Vallentyne’s hybrid theory of rights is implausible from a libertarian perspective as well as fails to align itself with common and deeply held moral intuitions. Hence the conflict between mainstream libertarianism and the state is not solved by Vallentyne’s proposal. (shrink)
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    In Defence of the Will Theory of Rights.Siegfried Van Duffel - 2012 - Res Publica 18 (4):321-331.
    Nicholas Vrousalis has aimed to recast an old objection to the will theory of rights by focusing on Hillel Steiner’s version of that theory. He has argued that Will Theory must either be insensitive to the (values of the) lives of the unempowerable, or be incomplete, because it has no argumentative resources within its conceptual apparatus to ascribe or justify restrictions on the amount of discretion exercised by legal officials. I show that both charges are problematic. They rely on (...)
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    Accountancy and the Quantification of Rights: Giving Moral Values Legal Teeth.James Franklin - 2007 - Centre for an Ethical Society Papers.
    If a company’s share price rises when it sacks workers, or when it makes money from polluting the environment, it would seem that the accounting is not being done correctly. Real costs are not being paid. People’s ethical claims, which in a smaller-scale case would be legally enforceable, are not being measured in such circumstances. This results from a mismatch between the applied ethics tradition and the practice of the accounting profession. Applied ethics has mostly avoided quantification of rights, (...)
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  7.  3
    A Labelled Deduction System for Kanger's Theory of Rights.Berislav Žarnić - 2006 - Filozofska Istrazivanja 26 (3):731-755.
    Basin-Matthews-Viganò approach to construction of labelled deduction systems for normal modal logics is adapted to „Fitch proof-format“, and it is applied to the language of deontic-praxeological logic. Segerberg's suggestion on how to asses the adequacy of a logic for Kanger's theory of rights is being formally explicated and it is proved that herewith proposed system of labelled deduction satisfies Segerberg's criteria of adequacy. For the purpose of building the proof a semantics is given, which connects „the simplest semantics of (...)
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  8.  26
    Are There Any Conflicts of Rights?Adina Preda - 2015 - Ethical Theory and Moral Practice 18 (4):677-690.
    This paper argues that a putative conflict between negative rights and positive rights is not a genuine conflict. The thought that they might conflict presupposes, I argue, that the two rights are valid. This is the first assumption of my argument. The second is that general rights impose duties on everyone, not just the party who faces a conflict of correlative duties. These two assumptions yield the conclusion that positive rights impose enforceable duties on the (...)
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  9.  42
    The Philosophical Foundations of Human Rights: An Overview.Rowan Cruft, S. Matthew Liao & Massimo Renzo - 2015 - In Rowan Cruft, S. Matthew Liao & Massimo Renzo (eds.), Philosophical Foundations of Human Rights. Oxford, UK: Oxford University Press. pp. 1-44.
    The introduction introduces the history of the concept of human rights and its philosophical genealogy. It raises questions of the nature of human rights, the grounds of human rights, difference between proposed and actual human rights, and scepticism surrounding the very idea of human rights. In the course of this discussion, it concludes that the diversity of positions on human rights is a sign of the intellectual, cultural, and political fertility of the notion of (...)
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  10. Klauzula limitacyjna a nienaruszalność praw i godności [Limitation Clause and the Inviolability of Rights and Dignity].Marek Piechowiak - 2009 - Przegląd Sejmowy 17 (2 (91)):55-77.
    The author examines the arguments for applicability of the limitation clause which specifies the requirements for limitation of constitutional freedoms and rights (Article 31 para. 3 of the Constitution) to the right to protection of life (Article 38). Even if there is almost a general acceptance of such applicability, this approach does not hold up to criticism based on the rule existing in the Polish legal order that treaty commitments concerning human rights have supremacy over national statutory regulations. (...)
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  11.  40
    A New Societal Self-Defense Theory of Punishment—The Rights-Protection Theory.Hsin-Wen Lee - forthcoming - Philosophia:1-17.
    In this paper, I propose a new self-defense theory of punishment, the rights-protection theory. By appealing to the interest theory of right, I show that what we call “the right of self-defense” is actually composed of the right(s) to protect our basic rights. The right of self-defense is not a single, self-standing right but a group of derivative rights justified by their contribution to the protection of the core, basic rights. Thus, these rights of self-defense (...)
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  12.  40
    International Soft Law, Human Rights and Non-State Actors: Towards the Accountability of Transnational Corporations? [REVIEW]Elena Pariotti - 2009 - Human Rights Review 10 (2):139-155.
    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 trend could (...)
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  13. 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 objection (...)
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  14.  4
    Transfer of the Rights of Succession (text only in Lithuanian).Asta Dambrauskaitė - 2010 - Jurisprudencija: Mokslo darbu žurnalas 122 (4):111-133.
    The article deals with a specific type of contract that an heir is entitled to conclude—the transfer (or sale) of the rights of succession. As a starting point, the author of the article analyses the formation and further development of the transfer of succession as a whole (hereditas) in the Roman law. Two major proceedings used by Roman lawyers for the purposes of the alienation of hereditas are analysed, one being in iure cessio hereditatis and the second taking the (...)
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    Actual Implementation of Sick Children’s Rights in Italian Pediatric Units: A Descriptive Study Based on Nurses’ Perceptions.Sofia Bisogni, Corinna Aringhieri, Kathleen McGreevy, Nicole Olivini, José R. G. Lopez, Daniele Ciofi, Alberta M. Merlo, Paola Mariotti & Filippo Festini - 2015 - BMC Medical Ethics 16 (1):33.
    Several charters of rights have been issued in Europe to solemnly proclaim the rights of children during their hospital stay. However, notwithstanding such general declarations, the actual implementation of hospitalized children’s rights is unclear. The purpose of this study was to understand to which extent such rights, as established by the two main existing charters of rights, are actually implemented and respected in Italian pediatric hospitals and the pediatric units of Italian general hospitals, as perceived (...)
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  16. Rights, Liability, and the Moral Equality of Combatants.Uwe Steinhoff - 2012 - The Journal of Ethics 16 (4):339-366.
    According to the dominant position in the just war tradition from Augustine to Anscombe and beyond, there is no "moral equality of combatants." That is, on the traditional view the combatants participating in a justified war may kill their enemy combatants participating in an unjustified war - but not vice versa (barring certain qualifications). I shall argue here, however, that in the large number of wars (and in practically all modern wars) where the combatants on the justified side violate the (...)
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  17.  31
    Corporate Responsibility for Economic, Social and Cultural Rights: Rights in Search of a Remedy?Justine Nolan & Luke Taylor - 2009 - Journal of Business Ethics 87 (2):433 - 451.
    It is no longer a revelation that companies have some responsibility to uphold human rights. However, delineating the boundaries of the relationship between business and human rights is more vexed. What is it that we are asking corporations to assume responsibility for and how far does that responsibility extend? This article focuses on the extent to which economic, social and cultural rights fall within a corporation's sphere of responsibility. It then analyses how corporations may be held accountable (...)
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  18.  18
    Toward the "Rights of the Poor": Human Rights in Liberation Theology.Mark Engler - 2000 - Journal of Religious Ethics 28 (3):339 - 365.
    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 specific religious movement, (...)
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  19. A Modified Rawlsian Theory of Social Justice: “Justice as Fair Rights”.Rodney G. Peffer - 2008 - Proceedings of the Xxii World Congress of Philosophy 50:593-608.
    In my 1990 work – Marxism, Morality, and Social Justice – I argued for four modifications of Rawls’s principles of social justice and rendered a modified version of his theory in four principles, the first of which is the Basic Rights Principle demanding the protection of people’s security and subsistence rights. In both his Political Liberalism and Justice as Fairness Rawls explicitly refers to my version of his theory, clearly accepting three of my four proposed modifications but rejecting (...)
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  20.  79
    Robot Rights? Towards a Social-Relational Justification of Moral Consideration.Mark Coeckelbergh - 2010 - Ethics and Information Technology 12 (3):209-221.
    Should we grant rights to artificially intelligent robots? Most current and near-future robots do not meet the hard criteria set by deontological and utilitarian theory. Virtue ethics can avoid this problem with its indirect approach. However, both direct and indirect arguments for moral consideration rest on ontological features of entities, an approach which incurs several problems. In response to these difficulties, this paper taps into a different conceptual resource in order to be able to grant some degree of moral (...)
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  21.  18
    Human Rights as a Dimension of CSR: The Blurred Lines Between Legal and Non-Legal Categories.Ann Elizabeth Mayer - 2009 - Journal of Business Ethics 88 (S4):561-577.
    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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  22.  9
    Private Regulation and Trade Union Rights: Why Codes of Conduct Have Limited Impact on Trade Union Rights.Niklas Egels-Zandén & Jeroen Merk - 2014 - Journal of Business Ethics 123 (3):1-13.
    Codes of conduct are the main tools to privately regulate worker rights in global value chains. Scholars have shown that while codes may improve outcome standards (such as occupational health and safety), they have had limited impact on process rights (such as freedom of association and collective bargaining). Scholars have, though, only provided vague or general explanations for this empirical finding. We address this shortcoming by providing a holistic and detailed explanation, and argue that codes, in their current (...)
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  23.  11
    Business Policies on Human Rights: An Analysis of Their Content and Prevalence Among FTSE 100 Firms. [REVIEW]Lutz Preuss & Donna Brown - 2012 - Journal of Business Ethics 109 (3):289-299.
    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, evidence of exemplary approaches (...)
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  24.  20
    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]S. Prakash Sethi, David B. Lowry, Emre A. Veral, H. Jack Shapiro & Olga Emelianova - 2011 - Journal of Business Ethics 103 (1):1-30.
    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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  25. Deep Ethology, Animal Rights, and the Great Ape/Animal Project: Resisting Speciesism and Expanding the Community of Equals. [REVIEW]Marc Bekoff - 1997 - Journal of Agricultural and Environmental Ethics 10 (3):269-296.
    In this essay I argue that the evolutionary and comparative study of nonhuman animal (hereafter animal) cognition in a wide range of taxa by cognitive ethologists can readily inform discussions about animal protection and animal rights. However, while it is clear that there is a link between animal cognitive abilities and animal pain and suffering, I agree with Jeremy Bentham who claimed long ago the real question does not deal with whether individuals can think or reason but rather with (...)
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  26.  21
    Infant Circumcision: The Last Stand for the Dead Dogma of Parental (Sovereignal) Rights.R. S. Howe - 2013 - Journal of Medical Ethics 39 (7):475-481.
    J S Mill used the term ‘dead dogma’ to describe a belief that has gone unquestioned for so long and to such a degree that people have little idea why they accept it or why they continue to believe it. When wives and children were considered chattel, it made sense for the head of a household to have a ‘sovereignal right’ to do as he wished with his property. Now that women and children are considered to have the full complement (...)
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  27.  16
    Transnational Governance of Workers' Rights: Outlining a Research Agenda. [REVIEW]Niklas Egels-Zandén - 2009 - Journal of Business Ethics 87 (2):169 - 188.
    In twentieth century Europe and the USA, industrial relations, labour, and workers’ rights issues have been handled through collective bargaining and industrial agreements between firms and unions, with varying degrees of government intervention from country to country. This industrial relations landscape is currently undergoing fundamental change with the emergence of transnational industrial relations systems that complement existing national industrial relations systems. Despite the significance of this ongoing change, existing research has only started to explore the implications of this change (...)
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  28.  61
    The Non-Identity Problem, Collective Rights, and the Threshold Conception of Harm.Makoto Usami - 2011 - Tokyo Institute of Technology Department of Social Engineering Discussion Paper (2011-04):1-17.
    One of the primary views on our supposed obligation towards our descendants in the context of environmental problems invokes the idea of the rights of future generations. A growing number of authors also hold that the descendants of those victimized by historical injustices, including colonialism and slavery, have the right to demand financial reparations for the sufferings of their distant ancestors. However, these claims of intergenerational rights face theoretical difficulties, notably the non-identity problem. To circumvent this problem in (...)
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  29.  26
    Social Research in the Advancement of Children's Rights.Sonja Grover - 2003 - Journal of Academic Ethics 1 (1):119-130.
    This article argues that investigators doing developmental and social research with children have, for the most part, failed to acknowledge the inherent implications of their work for children's rights. The impact of these studies upon children's rights occurs at every stage; from hypothesis formulation to hypothesis testing to dissemination of findings. This paper addresses the issue in the context of developmental research on children's ability to report experienced events accurately. This particular research area has generated data that has (...)
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  30. 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?].Marek Piechowiak - 2007 - Przegląd Sejmowy 15 (4 (81)):65-91.
    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 human (...) 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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  31.  11
    The Concept of Human Rights as an Answer to Religious Fundamentalism in a Modern Democratic Society.Inocent-Mária V. Szaniszló - 2015 - Journal for the Study of Religions and Ideologies 14 (42):100-120.
    In today’s European society one can observe different forms of religious fundamentalism, especially when defending various values relating to questions of the meaning of life or when confronted with multi-religious and multicultural situations. An ethical approach attempts to avoid such extremes, given that genuine human behavior is based on moral virtues, the Aristotelian “Golden mean”. At a time when some voices in left-leaning circles are trying to enshrine in the Charter of Human Rights the right of women to terminate (...)
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  32.  15
    Implementing International Human Rights Law at Home: Domestic Politics and the European Court of Human Rights.Courtney Hillebrecht - 2012 - Human Rights Review 13 (3):279-301.
    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 article identifies (...)
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  33.  16
    The Principle of Generic Consistency as the Supreme Principle of Human Rights.Deryck Beyleveld - 2012 - Human Rights Review 13 (1):1-18.
    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 ways (...)
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  34.  11
    National Constitutional Courts, the Court of Justice and the Protection of Fundamental Rights in a Post-Charter Landscape.Maartje de Visser - 2014 - Human Rights Review 15 (1):39-51.
    This article critically evaluates the possible impact of the Charter on the relationship between the Court of Justice of the European Union and national constitutional courts. While it is premature to provide a definitive assessment of the kind of collaboration that these courts will develop, it is crucial to identify a number of features of the new landscape that will influence the direction in which the relationship between the CJEU and constitutional courts will evolve. This article discusses several reasons that (...)
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    The European Court of Human Rights' Lautsi Decision: Context, Contents, Consequences.Gabriel Andreescu & Liviu Andreescu - 2010 - Journal for the Study of Religions and Ideologies 9 (26):47-74.
    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 jurisprudence (...)
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  36.  1
    Human Rights and the Leap of Love.Alexandre Lefebvre - 2016 - Journal of French and Francophone Philosophy 24 (2):21-40.
    To commemorate the 75 th anniversary of Henri Bergson’s death I present what I believe is his most vital and lasting contribution to political philosophy: his conception of human rights. This article has two goals. The first is to present Bergson’s writings on human rights as clearly and simply as possible, so as to reach the wide audience it deserves. The second is to demonstrate his relevance for contemporary human rights scholarship. To do so, I connect him (...)
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  37.  4
    Seeking Life, Finding Justice: Russian NGO Litigation and Chechen Disappearances Before the European Court of Human Rights.Freek van der Vet - 2012 - Human Rights Review 13 (3):303-325.
    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 relatives of the (...)
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  38.  3
    The Deterritorialization of Human Rights.Virgil Ciomos - 2010 - Journal for the Study of Religions and Ideologies 9 (25):17-27.
    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 our times: (...)
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  39.  3
    An Umbrella With Holes: Respect for Non-Derogable Human Rights During Declared States of Emergency, 1996–2004. [REVIEW]David L. Richards & K. Chad Clay - 2012 - Human Rights Review 13 (4):443-471.
    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 law, (...)
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  40. The Realm of Rights.Judith Jarvis Thomson - 1990 - Harvard University Press.
    In The Realm of Rights Judith Thomson provides a full-scale, systematic theory of human and social rights, bringing out what in general makes an attribution of ...
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  41. Roots of Human Resistance to Animal Rights: Psychological and Conceptual Blocks.Steven James Bartlett - 2002 - Animal Law 8:143-176.
    A combined psychological-epistemological study of the blocks that stand in the way of the human recognition of the sentience and legal rights of non-human animals. Originally published in the Lewis and Clark law journal, Animal Law, and subsequently translated into German and into Portuguese.
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  42.  28
    The Ashley Treatment: Improving Quality of Life or Infringing Dignity and Rights?Caroline Harnacke - 2016 - Bioethics 30 (3):141-150.
    The ‘Ashley treatment’ has raised much ethical controversy. This article starts from the observation that this debate suffers from a lack of careful philosophical analysis which is essential for an ethical assessment. I focus on two central arguments in the debate, namely an argument defending the treatment based on quality of life and an argument against the treatment based on dignity and rights. My analysis raises doubts as to whether these arguments, as they stand in the debate, are philosophically (...)
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  43.  26
    When is the EU Charter of Fundamental Rights Applicable at National Level?Allan Rosas - 2012 - Jurisprudencija: Mokslo darbu žurnalas 19 (4):1269-1288.
    Whilst the Charter of Fundamental Rights of the European Union, which became part of binding primary EU law on 1 December 2009, constitutes an important codification and clarification of fundamental rights as they exist in the European Union, the field of application of the Charter is limited in a significant way: the Charter only applies when EU law is at stake. When national courts and authorities in the EU Member States are confronted with problems of purely national law, (...)
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  44.  10
    The Influence of Economic Crisis on the Constitutional Doctrine of Social Rights.Toma Birmontienė - 2012 - Jurisprudencija: Mokslo darbu žurnalas 19 (3):1005-1030.
    The article underlines the significance of social rights as important constitutional rights of a human being and emphasises the peculiarities of their nature from the point of view of not only national, but also international law. The article presents an analysis of the constitutional doctrine of the protection of guarantees of social rights, which has been formulated by the Constitutional Court of the Republic of Lithuania in the course of considering the issues of reduction of social guarantees—pensions (...)
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  45.  6
    Review of Judgments of the European Court of Human Rights in Cases Against the Republic of Lithuania in 2011. [REVIEW]Justinas Žilinskas & Dovilė Gailiūtė - 2012 - Jurisprudencija: Mokslo darbu žurnalas 19 (1):369-390.
    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 the length (...)
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  46.  19
    The Design of the Internet’s Architecture by the Internet Engineering Task Force and Human Rights.Corinne Cath & Luciano Floridi - 2017 - Science and Engineering Ethics 23 (2):449-468.
    The debate on whether and how the Internet can protect and foster human rights has become a defining issue of our time. This debate often focuses on Internet governance from a regulatory perspective, underestimating the influence and power of the governance of the Internet’s architecture. The technical decisions made by Internet Standard Developing Organisations that build and maintain the technical infrastructure of the Internet influences how information flows. They rearrange the shape of the technically mediated public sphere, including which (...)
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  47.  9
    Human Rights and the Challenges of Science and Technology.Stephen P. Marks - 2014 - Science and Engineering Ethics 20 (4):869-875.
    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 right of everyone “to enjoy (...)
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  48. Against Individualistic Justifications of Property Rights.Rowan Cruft - 2006 - Utilitas 18 (2):154-172.
    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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  49.  9
    A Fine Balance: Reconsidering Patient Autonomy in Light of the UN Convention on the Rights of Persons with Disabilities.Jillian Craigie - 2015 - Bioethics 29 (6):398-405.
    The Convention on the Rights of Persons with Disabilities is increasingly seen as driving a paradigm shift in mental health law, particularly in relation to the understanding that it requires a shift from substituted to supported decisions. This article identifies two competing moral commitments implied by this shift, both of which appeal to the notion of autonomy. It is argued that because of these commitments the Convention is in tension with more general calls in the medical ethics literature for (...)
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  50.  58
    Understanding Engineering Professionalism: A Reflection on the Rights of Engineers.James A. Stieb - 2011 - Science and Engineering Ethics 17 (1):149-169.
    Engineering societies such as the National Society of Professional Engineers (NSPE) and associated entities have defined engineering and professionalism in such a way as to require the benefit of humanity (NSPE 2009a, Engineering Education Resource Document. NSPE Position Statements. Governmental Relations). This requirement has been an unnecessary and unfortunate add-on. The trend of the profession to favor the idea of requiring the benefit of humanity for professionalism violates an engineer’s rights. It applies political pressure that dissuades from inquiry, approaches (...)
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