Results for 'legal versus moral rights'

997 found
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  1.  10
    Individual Rights Versus Common Security? Christian Moral Reasoning About Torture.N. Biggar - 2014 - Studies in Christian Ethics 27 (1):3-20.
    Should a Christian ethic endorse an individual’s right against torture? If so, how should its reasoning take into account considerations of common security? To answer these questions, this article first compares the early Christian ‘just war’ tradition’s pre-liberal reasoning about the ethics of harming with that of the liberal philosopher, David Rodin. It then deploys the fruits of this comparison—especially the contingency of a right against harm , and the distinction between natural moral rights and positive legal (...)
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  2.  34
    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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  3.  69
    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.Georg Lohmann - 2013 - Trans/Form/Ação 36 (s1):87-102.
    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 (...)
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  4.  30
    Human Dignity, and the Transformation of Moral Rights Into Legal Rights.Hans Jörg Sandkühler - 2010 - Iris. European Journal of Philosophy and Public Debate 2 (4):349-362.
    “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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  5.  42
    Occupational Safety and Paternalism: Machan Revisited.Earl W. Spurgin - 2006 - Journal of Business Ethics 63 (2):155-173.
    In 1987, Machan provided a libertarian case against the right to occupational safety. Since before Machan’s essay appeared, many business ethicists and legal scholars have given considerable attention to the overall position Machan endorses: the acceptance of employment at will and the rejection of employee rights. No one yet has given adequate attention, however, to the fact that Machan’s argument against the right to occupational safety actually stands or falls independently of his overall position on employee rights. (...)
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  6.  3
    5. International Legal Human Rights and Equal Moral Status.Andrea Sangiovanni - 2017 - In Humanity Without Dignity: Moral Equality, Respect, and Human Rights. Harvard University Press. pp. 207-234.
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  7.  57
    Hart on Moral Rights and Legal Duties.J. Raz - 1984 - Oxford Journal of Legal Studies 4 (1):123-131.
  8.  19
    The Interplay of Legal and Moral Rights.Bruno R. Rea - 1986 - Journal of Value Inquiry 20 (3):235-239.
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  9.  13
    Moral Rights and Legal Rules: A Natural Law Theory,”.Heidi M. Hurd - 2000 - Legal Theory ( 6:2000.
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  10. 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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  11.  95
    Moral Rights and Duties in Wicked Legal Systems: C. L. Ten.C. L. Ten - 1989 - Utilitas 1 (1):135-143.
  12.  95
    Legal Rights and Moral Rights: Old Questions and New Problems.Amartya Sen - 1996 - Ratio Juris 9 (2):153-167.
  13.  7
    Are Moral Rights Necessary for the Justification of International Legal Human Rights?Andrea Sangiovanni - 2016 - Ethics and International Affairs 30 (4):471-481.
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  14.  14
    Legal and Moral Change: Deriving Rights and Duties From the Preexisting.Conrad D. Johnson - 1980 - Social Theory and Practice 5 (3/4):305-330.
  15.  18
    Animals: Moral Rights and Legal Rights.Charles Magel - 1985 - Between the Species 1 (2):4.
  16.  11
    The Legal Versus the Moral on Abortion.Louis Lombardi - 1986 - Journal of Social Philosophy 17 (1):23-29.
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  17. Rights: Legal and Moral Parameters.William H. Bruening - unknown
  18. Privacy Rights: Moral and Legal Foundations.Adam D. Moore - 2011 - Pennsylvania State University Press.
    We all know that Google stores huge amounts of information about everyone who uses its search tools, that Amazon can recommend new books to us based on our past purchases, and that the U.S. government engaged in many data-mining activities during the Bush administration to acquire information about us, including involving telecommunications companies in monitoring our phone calls. Control over access to our bodies and to special places, like our homes, has traditionally been the focus of concerns about privacy, but (...)
     
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  19.  5
    Privacy Rights: Moral and Legal Foundations. [REVIEW]Mark Tunick - 2011 - Social Theory and Practice 37 (3):510-517.
    Review of Adam Moore's book Privacy Rights.
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  20.  48
    Privacy Rights, Moral and Legal Foundations, by Adam D. Moore. University Park, PA: The Pennsylvania State University Press, 2010, 237 Pp. ISBN 978‐0‐271‐03685‐4 Hb £57.95; ISBN 978‐0271‐036861 Pb £16.95. [REVIEW]David Archard - 2012 - European Journal of Philosophy 20 (2):338-340.
  21.  4
    The Moral, Political, and Legal Nature of Socially Recognised Human Rights.M. Hann - 2019 - Collingwood and British Idealism Studies 25 (1):75-100.
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  22.  41
    Moral Codes and Legal Rights.George W. Harris - 1986 - Southern Journal of Philosophy 24 (1):47-55.
  23.  42
    Richard Spinello and Maria Bottis: Understanding the Debate on the Legal Protection of Moral Intellectual Property Interests: Review Essay of A Defense of Intellectual Property Rights: Edward Elgar, Cheltenham, UK, ISBN 978 1 84720 395 3. [REVIEW]Kenneth Einar Himma - 2011 - Ethics and Information Technology 13 (3):283-288.
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  24.  41
    Conviction Versus Convention: Rodin, David, and Shue, Henry . 2008. Just and Unjust Warriors: The Moral and Legal Status of Soldiers. Oxford University Press, Oxford, 272 Pp.Nolen Gertz - 2011 - Res Publica 17 (2):203-209.
  25.  26
    Some Legal, Moral and Intellectual Rights of Children.Bertram Bandman - 1977 - Educational Theory 27 (3):169-178.
  26.  10
    Fundamental Rights, Moral Law, and the Legal Defense of Life in A Constitutional Democracy.M. Rhonheimer - 1998 - American Journal of Jurisprudence 43 (1):135-183.
  27.  18
    Legal Rights and Moral Pluralism.Christopher D. Stone - 1987 - Environmental Ethics 9 (3):281-284.
  28.  6
    Human Rights: Explaining The Power of a Moral and Legal Idea.J. Gorecki - 1987 - American Journal of Jurisprudence 32 (1):153-169.
  29.  4
    Moral Codes and Legal Rights.George W. Harris - 1986 - Southern Journal of Philosophy 24 (1):47-55.
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  30. Implementing Health Care Rights Versus Imposing Health Care Cultures: The Limits of Tolerance, Kant's Rationality, and the Moral Pitfalls of International Bioethics Standardization,'.Corinna Delkeskamp-Hayes - 2006 - In H. Tristram Engelhardt (ed.), Global Bioethics: The Collapse of Consensus. M & M Scrivener Press. pp. 50--94.
  31.  93
    Towards Enforceable Bans on Illicit Businesses: From Moral Relativism to Human Rights.Edmund F. Byrne - 2014 - Journal of Business Ethics 119 (1):119-130.
    Many scholars and activists favor banning illicit businesses, especially given that such businesses constitute a large part of the global economy. But these businesses are commonly operated as if they are subject only to the ethical norms their management chooses to recognize, and as a result they sometimes harm innocent people. This can happen in part because there are no effective legal constraints on illicit businesses, and in part because it seems theoretically impossible to dispose definitively of arguments that (...)
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  32.  54
    The Benevolent Health Worm : Comparing Western Human Rights-Based Ethics and Confucian Duty-Based Moral Philosophy. [REVIEW]Alana Maurushat - 2008 - Ethics and Information Technology 10 (1):11-25.
    Censorship in the area of public health has become increasingly important in many parts of the world for a number of reasons. Groups with vested interest in public health policy are motivated to censor material. As governments, corporations, and organizations champion competing visions of public health issues, the more incentive there may be to censor. This is true in a number of circumstances: curtailing access to information regarding the health and welfare of soldiers in the Kuwait and Iraq wars, poor (...)
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  33.  32
    Handguns, Moral Rights, and Physical Security.David DeGrazia - 2014 - New Content is Available for Journal of Moral Philosophy.
    _ Source: _Page Count 21 Guns occupy a major—sometimes terrible—place in contemporary American life. Do Americans have not only a legal right, but also a moral right, to own handguns? After introducing the topic, this paper examines what a moral right to private handgun ownership would amount to. It then elucidates the logical structure of the strongest argument in favor of such a right, an argument that appeals to physical security, before assessing its cogency and identifying two (...)
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  34.  67
    Handguns, Moral Rights, and Physical Security.David DeGrazia - 2016 - Journal of Moral Philosophy 13 (1):56-76.
    _ Source: _Page Count 21 Guns occupy a major—sometimes terrible—place in contemporary American life. Do Americans have not only a legal right, but also a moral right, to own handguns? After introducing the topic, this paper examines what a moral right to private handgun ownership would amount to. It then elucidates the logical structure of the strongest argument in favor of such a right, an argument that appeals to physical security, before assessing its cogency and identifying two (...)
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  35.  33
    Corporations, Rights, and Lobbying.Quentin Gee - 2016 - Ethical Theory and Moral Practice 19 (2):397-408.
    While there may be several practical concerns regarding the practice of corporate lobbying of government officials, there is the more basic question of a corporation’s moral right to do so. I argue that group agents such as corporations have no moral rights, and thereby cannot have the right to lobby. There may be a basis for some legal rights for corporations, but I argue that lobbying cannot be one of the legal rights, even (...)
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  36. The Moral Rights of Animals.Mylan Engel & Gary Lynn Comstock (eds.) - 2016 - Lanham, MD: Lexington.
    This volume brings together essays by seminal figures and rising stars in the fields of animal ethics and moral theory to analyze and evaluate the moral status of non-human animals, with a special focus on the question of whether or not animals have moral rights. Though wide-ranging in many ways, these fourteen original essays and one reprinted essay direct significant attention to both the main arguments for animal rights and the biggest challenges to animal (...). This volume explores the question of whether or not animals have moral rights through a number of different lenses, including classical deontology, libertarianism, commonsense morality, virtue ethics, and utilitarianism. The volume also addresses what are undoubtedly the most serious challenges to the strong animal rights position, which maintains that animals have moral rights equal in strength to the rights of humans, including challenges posed by rights nihilism, the ‘kind’ argument against animal rights, the problem of predation, and the comparative value of lives. In addition, the volume explores the practical import of animal rights both from a social policy standpoint and from the standpoint of personal ethical decisions concerning what to eat and whether or not to hunt animals. Unlike other volumes on animal rights, which focus primarily on the legal rights of animals, and unlike other anthologies on animal ethics, which tend to cover a wide variety of topics but only devote a few articles to each topic, the volume under consideration is focused exclusively on the question of whether or not animals have moral rights and the practical import of such rights. (shrink)
     
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  37. Prescriptive Legal Positivism: Law, Rights and Democracy.Tom Campbell - 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 (...)
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  38.  23
    Justifying International Legal Human Rights.Jesse Tomalty - 2016 - Ethics and International Affairs 30 (4):483-490.
    In The Heart of Human Rights, Allen Buchanan emphasizes the distinction between moral human rights (MHRs) on the one hand and international legal human rights (ILHRs) on the other. MHRs are the moral rights held universally by all humans simply in virtue of being human. ILHRs are the legal rights of international practice, which are articulated in the United Nations’ International Bill of Rights and related legal documents. One of (...)
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  39.  15
    Moral Rights and the Ethics of Nursing.Julius Sim - 1995 - Nursing Ethics 2 (1):31-40.
    This paper explores the nature of rights, and their implications for the ethics of nursing. A right is seen as an entitlement which is justified on moral and/or legal grounds, and which may take the form of a right of action or a right of recipience, or both; in either case, correlative duties are generally imposed on others. Some of the conflicts which can occur among two or more conflicting rights are examined through three hypothetical scenarios, (...)
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  40.  16
    Human Rights Law Without Natural Moral Rights.Rowan Cruft - 2015 - Ethics and International Affairs 29 (2):223-232.
    In this latest work by one of our leading political and legal philosophers, Allen Buchanan outlines a novel framework for assessing the system of international human rights law—the system that he takes to be the heart of modern human rights practice. Buchanan does not offer a full justification for the current system, but rather aims “to make a strong prima facie case that the existing system as a whole has what it takes to warrant our support of (...)
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  41. Ownership, Authority, and Self-Determination: Moral Principles and Indigenous Rights Claims.Burke A. Hendrix - 2008 - Pennsylvania State University Press.
    Much controversy has existed over the claims of Native Americans and other indigenous peoples that they have a right—based on original occupancy of land, historical transfers of sovereignty, and principles of self-determination—to a political status separate from the states in which they now find themselves embedded. How valid are these claims on moral grounds? -/- Burke Hendrix tackles these thorny questions in this book. Rather than focusing on the legal and constitutional status of indigenous nations within the states (...)
     
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  42. MORAL STRUCTURE OF LEGAL OBLIGATION.Kuczynski John-Michael - 2006 - Dissertation, University of California, Santa Barbara
    What are laws, and do they necessarily have any basis in morality? The present work argues that laws are governmental assurances of protections of rights and that concepts of law and legal obligation must therefore be understood in moral terms. There are, of course, many immoral laws. But once certain basic truths are taken into account – in particular, that moral principles have a “dimension of weight”, to use an expression of Ronald Dworkin’s, and also that (...)
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  43. Governing [Through] Autonomy. The Moral and Legal Limits of “Soft Paternalism”.Bijan Fateh-Moghadam & Thomas Gutmann - 2014 - Ethical Theory and Moral Practice 17 (3):383-397.
    Legal restrictions of the right to self-determination increasingly pretend to be compatible with the liberal concept of autonomy: they act upon a ‘soft’ or autonomy-orientated paternalistic rationale. Conventional liberal critique of paternalism turns out to be insensitive to the intricate normative problems following from ‘soft’ or ‘libertarian’ paternalism. In fact, these autonomy-oriented forms of paternalism could actually be even more problematic and may infringe liberty rights even more intensely than hard paternalistic regulation. This paper contributes to the systematic (...)
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  44. What Makes Health Public?: A Critical Evaluation of Moral, Legal, and Political Claims in Public Health.John Coggon - 2012 - Cambridge University Press.
    John Coggon argues that the important question for analysts in the fields of public health law and ethics is 'what makes health public?' He offers a conceptual and analytic scrutiny of the salient issues raised by this question, outlines the concepts entailed in, or denoted by, the term 'public health' and argues why and how normative analyses in public health are inquiries in political theory. The arguments expose and explain the political claims inherent in key works in public health ethics. (...)
     
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  45.  4
    Analyzing the Legal Roots and Moral Core of Digital Consent.Elizabeth Edenberg - 2019 - New Media and Society 21 (8):1804-1823.
    We will argue that clarifying the “moral core” of consent offers a common metric by which we can evaluate how well different legal frameworks are able to protect the central moral rights and interests at stake. We begin by revisiting how legal frameworks for digital consent developed in order to see where there may be common moral ground and where these different cultures diverge on the issue of protection of personal information. We then turn (...)
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  46.  86
    The Moral Specification of Rights: A Restricted Account.Hallie Liberto - 2014 - Law and Philosophy 33 (2):175-206.
    I begin this paper by summarizing and critiquing the debate between two views: Moral Specificationism about rights and Moral Generalism about rights. I then show how the conceptual framework that Wesley Hohfeld uses to describe legal rights can also clarify the discussion of moral rights, in general, and of moral specification, in particular. Drawing upon Hohfeld’s framework, I argue for the Restricted Account of the moral specification of rights, which (...)
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  47. Rights, Welfare, and Mill's Moral Theory.David Lyons - 1994 - Oxford University Press.
    This volume collects David Lyons' well-known essays on Mill's moral theory and includes an introduction which relates the essays to prior and subsequent philosophical developments. Like the author's Forms and Limits of Utilitarianism (Oxford, 1965), the essays apply analytical methods to issues in normative ethics. The first essay defends a refined version of the beneficiary theory of rights against H.L.A. Hart's important criticisms. The central set of essays develops new interpretations of Mill's moral theory with the aim (...)
  48.  37
    Rights, Welfare, and Mill’s Moral Theory.David O. Brink - 1994 - Philosophy and Phenomenological Research 57 (3):713-717.
    This volume collects David Lyons' well-known essays on Mill's moral theory and includes an introduction which relates the essays to prior and subsequent philosophical developments. Like the author's Forms and Limits of Utilitarianism (Oxford, 1965), the essays apply analytical methods to issues in normative ethics. The first essay defends a refined version of the beneficiary theory of rights against H.L.A. Hart's important criticisms. The central set of essays develops new interpretations of Mill's moral theory with the aim (...)
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  49.  50
    Developing Drugs for the Developing World: An Economic, Legal, Moral, and Political Dilemma.David B. Resnik - 2001 - Developing World Bioethics 1 (1):11-32.
    This paper discusses the economic, legal, moral, and political difficulties in developing drugs for the developing world. It argues that large, global pharmaceutical companies have social responsibilities to the developing world, and that they may exercise these responsibilities by investing in research and development related to diseases that affect developing nations, offering discounts on drug prices, and initiating drug giveaways. However, these social responsibilities are not absolute requirements and may be balanced against other obligations and commitments in light (...)
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  50.  17
    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 (...)
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