Results for 'legal rights'

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  1.  88
    Legal Right and Social Democracy: Essays in Legal and Political Philosophy.Neil MacCormick - 1982 - Oxford University Press.
    This work is a controversial collection of interrelated papers investigating and arguing about issues of concern to lawyers and politicians today. MacCormick combines a scholarly concern with leading thinkers such as John Locke, Lord Stair, Adam Smith and David Hume, John Rawls, Ronald Dworkin, and Patrick Atiyah, and stringently argued view of questions of political obligation, civil liberty, and legal rights.
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  2.  57
    A Legal Right to Do Legal Wrong.Ori J. Herstein - 2013 - Oxford Journal of Legal Studies (1):gqt022.
    The literature, as are the intuitions of many, is sceptical as to the coherence of ‘legal rights to do legal wrong’. A right to do wrong is a right against interference with wrongdoing. A legal right to do legal wrong is, therefore, a right against legal enforcement of legal duty. It is, in other words, a right that shields the right holder’s legal wrongdoing. The sceptics notwithstanding, the category of ‘legal right (...)
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  3.  32
    Legal Rights.Pavlos Eleftheriadis - 2008 - Oxford University Press.
    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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  4.  56
    Legal Rights.Joseph Raz - 1984 - Oxford Journal of Legal Studies 4 (1):1-21.
  5.  14
    Legal Rights.Paulos Z. Eleutheriadēs - 2008 - Oxford University Press.
    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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  6.  14
    Legal Rights.Roscoe Pound - 1915 - International Journal of Ethics 26 (1):92-116.
  7.  34
    Upholding Legal Rights.Carl Wellman - 1975 - Ethics 86 (1):49-60.
  8.  76
    Legal Rights: How Useful is Hohfeldian Analysis?Stephen D. Hudson & Douglas N. Husak - 1980 - Philosophical Studies 37 (1):45 - 53.
  9. Legal Rights and Moral Rights: Old Questions and New Problems.Amartya Sen - 1996 - Ratio Juris 9 (2):153-167.
  10. Epistemic Rights and Legal Rights.Leif Wenar - 2003 - Analysis 63 (2):142–146.
    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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  11.  16
    Understanding Hohfeld and Formalizing Legal Rights: The Hohfeldian Conceptions and Their Conditional Consequences.Réka Markovich - 2020 - Studia Logica 108 (1):129-158.
    Hohfeld’s analysis on the different types of rights and duties is highly influential in analytical legal theory, and it is considered as a fundamental theory in AI&Law and normative multi-agent systems. Yet a century later, the formalization of this theory remains, in various ways, unresolved. In this paper I provide a formal analysis of how the working of a system containing Hohfeldian rights and duties can be delineated. This formalization starts from using the same tools as the (...)
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  12.  15
    Legal Right in Scandinavian Analyses.Nils Kr Sundby - 1968 - American Journal of Jurisprudence 13 (1):72-107.
    It is characteristic of many discussions in jurisprudence that the questions group around a relatively small selection of so-called basic legal concepts. Some authors explicitly maintain that the main task of a philosophy of law should be conceptual analysis. Authors expressing this view are usually classified as exponents of “analytical jurisprudence.” Within analytical jurisprudence itself there is considerable disagreement over such questions as what “analysis” is, what kind of methods the analyst ought to employ, etc. Most writers representing this (...)
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  13.  16
    The Legal Right to Health Care: Public Policy and Equal Access.Edward V. Sparer - 1976 - Hastings Center Report 6 (5):39-47.
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  14.  81
    The Identity and (Legal) Rights of Future Generations.Ori J. Herstein - 2009 - The George Washington Law Review 77:1173.
    Exploring the peculiar nature of future generations and concluding that types of future people is the most promising object on which to project our concern for future generations the article poses two main questions: “Can future people have rights?” and, if so, “Do they in fact have any rights?” The article first explains why the non-existence of future people raises doubts whether future generations can have rights. Within the philosophical literature, the leading approach explaining how future people (...)
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  15.  19
    Legal Right and Social Democracy: Essays in Legal and Political Philosophy.Brian Barry - 1984 - Ethics 94 (3):525-529.
  16.  20
    Legal Rights.Roscoe Pound - 1915 - International Journal of Ethics 26 (1):92-116.
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  17.  22
    Kramer’s Delimiting Test for Legal Rights.David Frydrych - 2017 - American Journal of Jurisprudence 62 (2):197-207.
    Professor Matthew Kramer offers a delimiting ‘criterion’ or test for his Interest Theory of legal claim-rights. The ‘Minimum Sufficiency’ test is thought necessary because the Interest Theory is charged with being over-inclusive: it purportedly counts certain agents and entities as legal right-holders even though the law itself does not recognize them as such. This paper nonetheless argues that Kramer’s test is inadequate and unnecessary. It proceeds as follows. Section II offers a brief explanation of the Interest and (...)
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  18.  36
    Legal Rights and the Limits of Conceptual Analysis: A Case Study.Charles Lowell Barzun - 2013 - Ratio Juris 26 (2):215-234.
    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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  19.  21
    Brute Animals and Legal Rights: John O. Nelson.John O. Nelson - 1987 - Philosophy 62 (240):171-177.
    Various proponents of animal rights—for example, H. J. McCloskey— maintain that while brute animals cannot have; moral rights they can have legal rights. Indeed, McCloskey himself goes so far as to maintain that even inanimate objects are able to have legal rights. 1 And why should not inanimate objects be able to? After f all, for there to be a legal right is anything more required than that whatever agency is empowered to issue (...)
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  20.  29
    Waiving Legal Rights in Research.David B. Resnik & Efthimios Parasidis - 2014 - Journal of Medical Ethics 40 (7):475-478.
    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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  21.  95
    Legal Rights in Human Bodies, Body Parts and Tissue.Loane Skene - 2007 - Journal of Bioethical Inquiry 4 (2):129-133.
    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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  22. 13 Should Trees Have Standing? Toward Legal Rights for Natural Objects.Christopher D. Stone - 1988/1972 - Environmental Ethics: The Big Questions.
  23. Three Rationales for a Legal Right to Mental Integrity.Thomas Douglas & Lisa Forsberg - 2021 - In S. Ligthart, D. van Toor, T. Kooijmans, T. Douglas & G. Meynen (eds.), Neurolaw. Palgrave Macmillan.
    Many states recognize a legal right to bodily integrity, understood as a right against significant, nonconsensual interference with one’s body. Recently, some have called for the recognition of an analogous legal right to mental integrity: a right against significant, nonconsensual interference with one’s mind. In this chapter, we describe and distinguish three different rationales for recognizing such a right. The first appeals to case-based intuitions to establish a distinctive duty not to interfere with others’ minds; the second holds (...)
     
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  24.  55
    Constitutional Dilemmas: Conflicts of Fundamental Legal Rights in Europe and the USA.Lorenzo Zucca - 2006 - Oxford University Press.
    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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  25.  16
    Alf Ross on the Concept of a Legal Right.Torben Spaak - 2014 - Ratio Juris 27 (4):461-476.
    In this article, I discuss Alf Ross's claim that the concept of a legal right is best understood as a technical tool of presentation, which ties together a disjunction of operative facts and a conjunction of legal consequences, and that rights statements render the content of a number of legal norms in a convenient manner. I argue that while Ross's analysis is appealing, it is problematic in at least three respects. I also argue, however, that despite (...)
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  26.  6
    Who Gets the Ventilator? Important Legal Rights in a Pandemic.Kathleen Liddell, Jeffrey M. Skopek, Stephanie Palmer, Stevie Martin, Jennifer Anderson & Andrew Sagar - 2020 - Journal of Medical Ethics 46 (7):421-426.
    COVID-19 is a highly contagious infection with no proven treatment. Approximately 2.5% of patients need mechanical ventilation while their body fights the infection.1 Once COVID-19 patients reach the point of critical illness where ventilation is necessary, they tend to deteriorate quickly. During the pandemic, patients with other conditions may also present at the hospital needing emergency ventilation. But ventilation of a COVID-19 patient can last for 2–3 weeks. Accordingly, if all ventilators are in use, there will not be time for (...)
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  27. On Moral Arguments Against.A. Legal Right To Unilateral - 2006 - Public Affairs Quarterly 20 (2):115.
     
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  28.  26
    Legal Right and Social Democracy: Essays in Legal and Political Philosophy. By Neil MacCormick.William C. Starr - 1986 - Modern Schoolman 63 (3):227-228.
  29.  21
    Legal Rights and Moral Pluralism.Christopher D. Stone - 1987 - Environmental Ethics 9 (3):281-284.
  30.  15
    Legalized Right of Resistance. A Public Law Analysis of Art. 20, Para 4 of the Basic Law.Rudolf Neidert - 1971 - Philosophy and History 4 (1):83-84.
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  31.  19
    Legal Right (Subjektives Recht) and Legal Power – Structural Distinction.Pedro Caetano Nunes - 2018 - Rechtstheorie 49 (3):295-316.
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  32.  57
    A Legal Right to Physician-Assisted Suicide Defended.Carl Wellman - 2003 - Social Theory and Practice 29 (1):19-38.
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  33.  54
    The Structure of Conflicts of Fundamental Legal Rights.David Martinez-Zorrilla - 2011 - Law and Philosophy 30 (6):729-749.
    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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  34.  12
    Brute Animals and Legal Rights.John O. Nelson - 1987 - Philosophy 62 (240):171 - 177.
  35. Do Animals and Dead People Have Legal Rights?Matthew Kramer - 2001 - Canadian Journal of Law and Jurisprudence 14 (1):29-54.
    This essay maintains that the question in its title is really three sets of questions: a conceptual inquiry, a moral/political inquiry, and an empirical inquiry. After devoting some attention to the relevant conceptual issues, the essay ponders in detail the moral/political issues. It suggests some answers to the germane moral/political questions, and it takes pains to distinguish those questions from other lines of inquiry with which they might be confused. Although only animals and dead people are mentioned in the title, (...)
     
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  36.  5
    On the Limits of Political Emancipation and Legal Rights.Peter D. Burdon - 2021 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 34 (2):319-339.
    In this paper I offer a new interpretation of Marx’s essay On the Jewish Question which re-states its key ideas but removes unnecessary debates that are not relevant to current political and legal problems. Because OJQ is a demonstration of critique it does not offer positive proscriptions or suggestions for change. Its utility, I argue, lies in the way it can help us think about the limits of resolving deeply entrenched power-relations without a thoroughgoing engaging of how those powers (...)
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  37.  16
    A Defense of the Moral and Legal Right to Secede.Moises Vaca & Marc Artiga - 2021 - Ethics and Global Politics 14 (1):1913902.
  38.  2
    Establishing Expansion as a Legal Right: An Analysis of French Colonial Discourse Surrounding Protectorate Treaties.Jong-pil Yoon - 2020 - History of European Ideas 46 (6):811-826.
    ABSTRACT This essay analyses French literature on protectorates that was published in the late nineteenth and early twentieth centuries. Firstly, I examine French understanding of protectorates with a focus on contrasting views about whether or not a protectorate treaty warrants the intervention of the protector in the internal affairs of the protected. In doing so, I attempt to delineate specific ways legal scholarship engaged with the ideological construction of a supposedly uncivilized other. Then I move on to trace the (...)
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  39.  20
    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.
  40.  13
    On the Theory of Legal Rights as Valid Claims.Rex Martin - 1982 - Midwest Studies in Philosophy 7 (1):175-195.
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  41.  17
    Eleftheriadis , Pavlos . Legal Rights .Oxford: Oxford University Press, 2008. Pp. 186. $85.00 (Cloth).Andrew Halpin - 2011 - Ethics 121 (3):652-657.
  42.  4
    Moral Codes and Legal Rights.George W. Harris - 1986 - Southern Journal of Philosophy 24 (1):47-55.
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  43.  44
    Moral Codes and Legal Rights.George W. Harris - 1986 - Southern Journal of Philosophy 24 (1):47-55.
  44.  18
    Animals: Moral Rights and Legal Rights.Charles Magel - 1985 - Between the Species 1 (2):4.
  45. Book Reviews-Legal Rights and Human Genetic Material.Bartha Maria Knoppers, Timothy Caulfield & T. Douglas Kinsella - 1998 - Bioethics 12 (4):343.
     
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  46.  40
    A Paradigm of Philosophy: Hohfeld on Legal Rights.Thomas D. Perry - 1977 - American Philosophical Quarterly 14 (1):41 - 50.
  47.  31
    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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  48.  43
    Privacy Rights: Moral and Legal Foundations.Adam D. Moore - 2010 - Pennsylvania State University Press.
    "Provides a definition and defense of individual privacy rights. Applies the proposed theory to issues including privacy versus free speech; drug testing; and national security and public accountability"--Provided by publisher.
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  49. Prescriptive Legal Positivism: Law, Rights and Democracy.Tom Campbell (ed.) - 2004 - Cavendish Publishing.
    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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  50.  7
    The End of Human Rights: Critical Legal Thought at the Turn of the Century.Costas Douzinas - 2000 - Hart.
    Human rights have become an important ideal in current times, yet our age has witnessed more violations of human rights than any previous less enlightened one. This book explores the historical and theoretical dimensions of this paradox. Divided into two parts, the first section offers an alternative history of natural law, in which natural rights are represented as the eternal human struggle to resist opression and to fight for a society in which people are no longer degraded (...)
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