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A Political Theory of Rights

Attracta Ingram

Published in print:
1994
Published Online:
November 2003
ISBN:
9780198279631
eISBN:
9780191599545
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0198279639.001.0001
Subject:
Political Science, Political Theory

This book presents a conception of rights as a type of political claim, justified by a Kantian ideal of autonomy. This justification provides a moral basis for rights independent of law and custom, ... More


Human Rights

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:
10.1093/0198292937.003.0005
Subject:
Political Science, Political Theory

The chapter first discusses the different ways in which human rights are moral rights. The notion of valid claims (initially discussed in Ch. 2) has more purchase as an account of human rights; for ... 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


Conclusion

Andrew Altman and Christopher Heath Wellman

in A Liberal Theory of International Justice

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199564415
eISBN:
9780191721434
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199564415.003.0008
Subject:
Political Science, Political Theory, International Relations and Politics

This chapter summarizes the book's argument. It has argued that legitimate states have a moral right to self-determination and that this right is inherently collective to “groups” or “societies”, ... More


The Moral Dimensions of Human Rights

Carl Wellman

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199744787
eISBN:
9780199827138
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199744787.001.0001
Subject:
Philosophy, General

This book discusses all three species of human rights—moral, international, and national—at length, but it pays special attention to the moral reasons that are relevant to each species. The first ... More


Introduction

Attracta Ingram

in A Political Theory of Rights

Published in print:
1994
Published Online:
November 2003
ISBN:
9780198279631
eISBN:
9780191599545
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198279639.003.0001
Subject:
Political Science, Political Theory

This introductory chapter begins with a discussion on propositions of moral rights. It then explores the importance of individuals, misgivings about rights, natural law and natural rights, and the ... More


The Nature of Moral Human Rights

Carl Wellman

in The Moral Dimensions of Human Rights

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199744787
eISBN:
9780199827138
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199744787.003.0002
Subject:
Philosophy, General

This chapter explains the nature of moral human rights. Although many are claim-rights, others are liberty-rights, power-rights, or immunity-rights. They are adversarial and apply to some potential ... More


The Moral Basis of Rights

Attracta Ingram

in A Political Theory of Rights

Published in print:
1994
Published Online:
November 2003
ISBN:
9780198279631
eISBN:
9780191599545
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198279639.003.0005
Subject:
Political Science, Political Theory

This chapter advocates a Kantian conception of autonomy that emphasises the connection with self-imposed moral law. Autonomy is viewed as a complex ideal of positive freedom with personal and ... More


Moral Dimensions of Human Rights Documents

Carl Wellman

in The Moral Dimensions of Human Rights

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199744787
eISBN:
9780199827138
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199744787.003.0004
Subject:
Philosophy, General

This chapter explains how the most important global human rights documents presuppose the existence of moral human rights. This is especially true of the Universal Declaration of Human Rights and the ... More


 Remaking Copyright in the First Amendment's Image

Neil Weinstock Netanel

in Copyright's Paradox

Published in print:
2008
Published Online:
May 2008
ISBN:
9780195137620
eISBN:
9780199871629
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195137620.003.0009
Subject:
Political Science, American Politics

Courts are not the only realm in which First Amendment values should come into play in defining and delimiting copyright. Concern over copyright's speech‐burdening potential should also animate ... 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


What Is Self‐Ownership?

Attracta Ingram

in A Political Theory of Rights

Published in print:
1994
Published Online:
November 2003
ISBN:
9780198279631
eISBN:
9780191599545
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198279639.003.0002
Subject:
Political Science, Political Theory

Several writers have argued that there is flexibility in the meaning of property, which allows for a sense of proprietary rights or self-ownership, that is non-libertarian. This chapter argues ... More


Introduction

Andrew Altman and Christopher Heath Wellman

in A Liberal Theory of International Justice

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199564415
eISBN:
9780191721434
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199564415.003.0001
Subject:
Political Science, Political Theory, International Relations and Politics

Human rights and sovereignty are the two main concepts from which contemporary discussion of international justice has been woven. Human rights can best be understood as individual moral rights to ... More


Moral Dimensions

Carl Wellman

in The Moral Dimensions of Human Rights

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199744787
eISBN:
9780199827138
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199744787.003.0012
Subject:
Philosophy, General

This chapter describes the most important moral dimensions of human rights. Moral human rights presuppose basic human needs because they are grounded primarily on the harms normally inflicted on ... 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


Constitutional Rights

Carl Wellman

in The Moral Dimensions of Human Rights

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199744787
eISBN:
9780199827138
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199744787.003.0008
Subject:
Philosophy, General

This chapter argues that in most national legal systems, human rights ought to be recognized as constitutional rights to give them maximum protection. Moreover, they ought to be entrenched in a ... 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


What Sort of a Right Is the Right to Secede?

Neera Chandhoke

in Contested Secessions: Rights, Self-determination, Democracy, and Kashmir

Published in print:
2012
Published Online:
September 2012
ISBN:
9780198077978
eISBN:
9780199080977
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198077978.003.0002
Subject:
Political Science, Political Theory

The argument in this chapter addresses the issue of why rights should be justified, and what the processes of such justification are. The first section of this chapter addresses this particular issue ... More


The Nature of International Human Rights

Carl Wellman

in The Moral Dimensions of Human Rights

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199744787
eISBN:
9780199827138
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199744787.003.0005
Subject:
Philosophy, General

This chapter explains the nature of international human rights, human rights recognized in international law. Although most of them are claim-rights, some are liberty-rights, power-rights, or ... More


Animal Rights and Human Limitations

Mary Anne Warren

in Moral Status: Obligations to Persons and Other Living Things

Published in print:
2000
Published Online:
October 2011
ISBN:
9780198250401
eISBN:
9780191681295
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198250401.003.0010
Subject:
Philosophy, Moral Philosophy

This chapter discusses the moral status of nonhuman animals. It argues that theories of moral status based solely upon intrinsic properties imply that we must condemn as irrational all such ... More


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