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Lockean Prerogative: Productive Tensions

Leonard C. Feldman

in Extra-Legal Power and Legitimacy: Perspectives on Prerogative

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199965533
eISBN:
9780199351343
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199965533.003.0004
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This chapter examines Locke's theory of prerogative. Lockean prerogative is the basis of a large amount of contemporary post-9/11 scholarship on emergency powers, both work presenting Locke as a ... More


The Right to Security

Liora Lazarus

in Philosophical Foundations of Human Rights

Published in print:
2015
Published Online:
June 2015
ISBN:
9780199688623
eISBN:
9780191768101
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199688623.003.0024
Subject:
Law, Human Rights and Immigration, Philosophy of Law

The right to security is enshrined in international human rights treaties and constitutions. All people share the ambition to live free from fear of attack, loss of life, arbitrary arrest, detention, ... More


The Objectification of Bodily Material

Jesse Wall

in Being and Owning: The Body, Bodily Material, and the Law

Published in print:
2015
Published Online:
August 2015
ISBN:
9780198727989
eISBN:
9780191794285
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198727989.003.0003
Subject:
Law, Philosophy of Law, Human Rights and Immigration

This chapter aims to identify when, and upon what basis, a person ought to be able to possess, control, or use bodily material. Three predominant explanations—the prior embodiment principle, the ... More


Conclusion

Jesse Wall

in Being and Owning: The Body, Bodily Material, and the Law

Published in print:
2015
Published Online:
August 2015
ISBN:
9780198727989
eISBN:
9780191794285
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198727989.003.0008
Subject:
Law, Philosophy of Law, Human Rights and Immigration

The conclusion gives the history of the 'no property rule' relating to the human body and its parts, and the implications thereof. The inadequacies of the law in providing protection to entitlements ... More


Introduction to the Argument

Jean Thomas

in Public Rights, Private Relations

Published in print:
2015
Published Online:
June 2015
ISBN:
9780199677733
eISBN:
9780191757259
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199677733.003.0001
Subject:
Law, Human Rights and Immigration, Public International Law

The introduction outlines the problem: essential interests of individuals that are protected by public rights–constitutional and human rights–in relation to the state are increasingly violated by ... More


The Politics of Peace and Law: Realism, Internationalism, and the Cosmopolitan Challenge

Kristoffer Lidén and Henrik Syse

in Promoting Peace Through International Law

Published in print:
2015
Published Online:
April 2015
ISBN:
9780198722731
eISBN:
9780191789496
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198722731.003.0002
Subject:
Law, Public International Law, Human Rights and Immigration

The chapter introduces the origins of a liberal, rights-based, conception of peace in the political thought of Hobbes, Locke, and Kant, and outlines how this conception plays out in contemporary ... More


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