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Rights as Valid Claims

Rex Martin

in A System of Rights

Published in print:
1997
Published Online:
November 2003
ISBN:
9780198292937
eISBN:
9780191599811
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198292937.003.0004
Subject:
Political Science, Political Theory

No real consensus has emerged on whether rights, in order to be rights, require social recognition (and beyond that, social maintenance). In considering this issue one school of thought—embracing ... More


The Case for a Human Right to an Adequate Environment

Tim Hayward

in Constitutional Environmental Rights

Published in print:
2004
Published Online:
July 2005
ISBN:
9780199278688
eISBN:
9780191602757
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199278687.003.0002
Subject:
Political Science, Political Theory

Argues that a right to an adequate environment is a genuine human right. After indicating the scope of the right, it defends this proposition against sceptical counterarguments. Clarifies how the ... More


Animal Rights, One Step at a Time

Steven M. Wise

in Animal Rights: Current Debates and New Directions

Published in print:
2005
Published Online:
March 2012
ISBN:
9780195305104
eISBN:
9780199850556
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195305104.003.0002
Subject:
Political Science, Environmental Politics

This chapter argues that the legal system should recognise animal rights one step at a time. It outlines the various obstacles to the recognition of the basic legal rights for any nonhuman animal ... More


Animal Rights

Donna Yarri

in The Ethics of Animal Experimentation: A Critical Analysis and Constructive Christian Proposal

Published in print:
2005
Published Online:
July 2005
ISBN:
9780195181791
eISBN:
9780199835744
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195181794.003.0005
Subject:
Religion, Religion and Society

This chapter argues that on the basis of the reality of animal minds and animal sentience that animal rights exist and should be protected. Just as humans are granted rights, even marginal humans, so ... More


A New Property Status for Animals: Equitable Self-Ownership

David Favre

in Animal Rights: Current Debates and New Directions

Published in print:
2005
Published Online:
March 2012
ISBN:
9780195305104
eISBN:
9780199850556
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195305104.003.0011
Subject:
Political Science, Environmental Politics

This chapter discusses issues concerning the awarding of new legal rights to nonhuman animals. It argues that animals should, in an important sense, be allowed to own themselves, and explains what ... More


An Empirical Analysis of Labor Immigration Programs in Forty-Six Countries

Martin Ruhs

in The Price of Rights: Regulating International Labor Migration

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691132914
eISBN:
9781400848607
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691132914.003.0004
Subject:
Political Science, Political Economy

This chapter examines the key features of labor immigration programs in high and middle-income countries in practice. After providing an overview of existing academic and policy literature that ... More


Rights at the Cutting Edge

N.E. SIMMONDS

in A Debate Over Rights: Philosophical Enquiries

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298991
eISBN:
9780191705205
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298991.003.0003
Subject:
Law, Philosophy of Law

This chapter explores the Kantian historical background of the present-day debates between Interest Theorists and Will Theorists of legal rights. It goes on to expound the Hohfeldian analysis that ... More


A Debate Over Rights: Philosophical Enquiries

Matthew H. Kramer

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298991
eISBN:
9780191705205
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298991.001.0001
Subject:
Law, Philosophy of Law

This book engages in essay form in a lively debate over the fundamental characteristics of legal rights. Each chapter considers whether rights essentially protect individuals' interests — as is ... More


Animals as Objects, or Subjects, of Rights

Richard A. Epstein

in Animal Rights: Current Debates and New Directions

Published in print:
2005
Published Online:
March 2012
ISBN:
9780195305104
eISBN:
9780199850556
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195305104.003.0007
Subject:
Political Science, Environmental Politics

This chapter focuses on the two conceptions of animals: as objects and as subjects. It examines the historical rules that comprised the law of animals and which set the backdrop for the modern ... More


Rights in Law

Pavlos Eleftheriadis

in Legal Rights

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199545285
eISBN:
9780191719899
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199545285.003.0004
Subject:
Law, Philosophy of Law

This chapter discusses theories that argue that legal rights are morally neutral. Legal rights are for these views entirely neutral to all practical questions or simply based on prudential ... More


Rights Without Trimmings

MATTHEW H. KRAMER

in A Debate Over Rights: Philosophical Enquiries

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298991
eISBN:
9780191705205
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298991.003.0002
Subject:
Law, Philosophy of Law

This chapter presents a detailed exposition of the Hohfeldian analysis of legal positions (rights, duties, liberties, no-rights, powers, liabilities, immunities, and disabilities). It then presents ... More


In Defense of Moral Rights

Joel Feinberg

in Problems at the Roots of Law: Essays in Legal and Political Theory

Published in print:
2003
Published Online:
November 2003
ISBN:
9780195155266
eISBN:
9780199833177
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195155262.003.0002
Subject:
Philosophy, General

This essay examines the relation between law and morality with respect to a particular concept – a right. In opposition to the view defended by Jeremy Bentham and, more recently, Raymond Frey and L. ... More


Organized Crime

Curtis J. Milhaupt and Mark D. West

in Economic Organizations and Corporate Governance in Japan

Published in print:
2004
Published Online:
August 2004
ISBN:
9780199272112
eISBN:
9780191601316
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199272115.003.0006
Subject:
Economics and Finance, Financial Economics

Examines the problem of organized crime. Shows how Japan's institutional environment for economic activity—specifically gaps between legal rights ‘on the books’ and the state's ability to enforce ... More


Rights in the European Landscape: A Historical and Comparative Profile

Michele Graziadei

in The Coherence of EU Law: The Search for Unity in Divergent Concepts

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199232468
eISBN:
9780191716027
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199232468.003.0004
Subject:
Law, EU Law

This chapter examines several events in legal history that either highlight the importance of rights in the actual working of legal systems, or else challenge their importance. These events fit ... More


The Right of Nonuse

Jan G. Laitos

Published in print:
2012
Published Online:
September 2012
ISBN:
9780195386066
eISBN:
9780199949656
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195386066.001.0001
Subject:
Law, Environmental and Energy Law

This book provides a different perspective on the real causes of the ills plaguing the world's resources and environment. It re-examines the very nature of nature, and from this new perspective, ... More


Rights beyond Interests

F. M. Kamm

in Intricate Ethics: Rights, Responsibilities, and Permissible Harm

Published in print:
2007
Published Online:
October 2011
ISBN:
9780195189698
eISBN:
9780199851096
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195189698.003.0009
Subject:
Philosophy, Moral Philosophy

Rights are most often thought of either as claims to something or as protected options to act, though these categories are not exhaustive. Are rights prior in any sense to their correlative duties so ... More


Questions about Kant’s Opposition to Revolution

Thomas E. Hill Jr.

in Virtue, Rules, and Justice: Kantian Aspirations

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199692002
eISBN:
9780191741241
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199692002.003.0013
Subject:
Philosophy, Moral Philosophy, Political Philosophy

Kant’s denial of a right to revolution is famous, but he was an ardent supporter of the spirit of the French revolution. He acknowledged cases of conscientious refusal and passive resistance, and ... More


Legal Rights

JOSEPH RAZ

in Ethics in the Public Domain: Essays in the Morality of Law and Politics

Published in print:
1995
Published Online:
March 2012
ISBN:
9780198260691
eISBN:
9780191682148
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260691.003.0012
Subject:
Law, Philosophy of Law

This chapter proposes a general account of rights. The gist of this account is that an individual has a right if an aspect of their well-being is a ground for holding another to be under a duty. It ... More


The Quest for Legal Protection

Claudena M. Skran

in Refugees in Inter-War Europe: The Emergence of a Regime

Published in print:
1995
Published Online:
October 2011
ISBN:
9780198273929
eISBN:
9780191684081
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198273929.003.0005
Subject:
Political Science, International Relations and Politics

This chapter analyses the impact of the international refugee regime on the creation of policy concerning the security of the legal rights of the refugees. The customary legal framework proved to be ... More


Legal Right and Social Democracy: Essays in Legal and Political Philosophy

Neil MacCormick

Published in print:
1984
Published Online:
March 2012
ISBN:
9780198255024
eISBN:
9780191681561
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198255024.001.0001
Subject:
Law, Philosophy of Law

This book provides a collection of interrelated chapters that investigate and argue about issues of concern for contemporary lawyers and politicians. The chapters combine a scholarly regard for ... More


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