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Equity, Responsibility, and Climate Change Mitigation

Steve Vanderheiden

in Atmospheric Justice: A Political Theory of Climate Change

Published in print:
2008
Published Online:
May 2008
ISBN:
9780195334609
eISBN:
9780199868759
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195334609.003.0007
Subject:
Political Science, Environmental Politics

This chapter incorporates arguments and observations from earlier chapters into a case for a version of the equal shares approach of equal per capita national emissions allowances, contrasting this ... More


Human Rights: Setting the Global Minimum

David Miller

in National Responsibility and Global Justice

Published in print:
2007
Published Online:
January 2008
ISBN:
9780199235056
eISBN:
9780191715792
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199235056.003.0007
Subject:
Political Science, Russian Politics

This chapter examines the global minimum that people everywhere can claim as a matter of justice, and proposes that this should be understood as respect and protection for their basic human rights. ... More


Forging Identities: The Politics and Ethics of Nation‐building

Wayne Norman

in Negotiating Nationalism: Nation-Building, Federalism, and Secession in the Multinational State

Published in print:
2006
Published Online:
September 2006
ISBN:
9780198293354
eISBN:
9780191604126
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198293356.003.0002
Subject:
Political Science, Political Theory

What should political actors and state institutions be permitted, encouraged, required, or forbidden to do in the attempt to shape people’s national identities? This is the central question in the ... More


A System of 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:
10.1093/0198292937.003.0013
Subject:
Political Science, Political Theory

We return in this chapter, to the issue of the justification of political authority; it is argued here that the notion of political authority is internally justified in a given political system if ... More


 The First Principle of Justice

Thomas Pogge

in John Rawls: His Life and Theory of Justice

Published in print:
2007
Published Online:
May 2007
ISBN:
9780195136364
eISBN:
9780199867691
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195136364.003.0005
Subject:
Philosophy, Moral Philosophy

This chapter examines the first principle of justice, which is concerned with how well a political order secures the basic rights and liberties of its members. This involves a careful analysis of the ... More


Limiting Sovereignty

Henry Shue

in Humanitarian Intervention and International Relations

Published in print:
2003
Published Online:
April 2004
ISBN:
9780199267217
eISBN:
9780191601118
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199267219.003.0002
Subject:
Political Science, International Relations and Politics

Employs historical analysis and philosophical reasoning to argue that sovereignty is inherently limited. The writings of classical theorists such as Grotius and Vattel indicate that aspirations to ... More


Effectiveness and the Moderate Instrumentalist Approach

James Pattison

in Humanitarian Intervention and the Responsibility To Protect: Who Should Intervene?

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199561049
eISBN:
9780191722318
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199561049.003.0003
Subject:
Political Science, Comparative Politics, International Relations and Politics

This chapter considers the importance of an intervener's effectiveness. It outlines and defends the ‘Moderate Instrumentalist Approach’. This holds that an intervener's effectiveness is the primary ... More


Institutional Engineering in Lithuania: Stability through Compromise

Nida Gelazis

in Democratic Consolidation in Eastern Europe Volume 1: Institutional Engineering

Published in print:
2001
Published Online:
November 2003
ISBN:
9780199244089
eISBN:
9780191600364
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199244081.003.0006
Subject:
Political Science, Democratization

Describes the process of adopting a new constitution in post‐communist Lithuania. The reasoning behind the quick adoption of a constitution was the urgent need to create links to Western ... More


The European Convention on Human Rights and the Conflict in Northern Ireland

Brice Dickson

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199571383
eISBN:
9780191721854
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199571383.001.0001
Subject:
Law, Human Rights and Immigration

This book provides a comprehensive account of the role played by the European Convention on Human Rights during the conflict in Northern Ireland from 1968. It studies the effectiveness of the ... More


A Doctrine of Basic Universal Rights and Supra-positive Obligations

Margot E Salomon

in Global Responsibility for Human Rights: World Poverty and the Development of International Law

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199284429
eISBN:
9780191713736
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199284429.003.0005
Subject:
Law, Human Rights and Immigration

This chapter examines the jurisprudential and doctrinal developments in support of the existence of a general principle of international law to respect and observe human rights in the main. It then ... More


Freedom through 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/9780199545285.003.0008
Subject:
Law, Philosophy of Law

Hohfeld's analysis of legal relations shows that any protection of freedom by means of liberties and claims is also the restriction of freedom by means of no-rights and duties. Every legal ... More


The Content of Justice: Freedom and Equality

Laura Valentini

in Justice in a Globalized World: A Normative Framework

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199593859
eISBN:
9780191731457
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199593859.003.0007
Subject:
Political Science, Political Theory

This chapter discusses how to move from a general concern with the justification of coercion to particular substantive principles of justice. It argues that a social system is just only so long as it ... More


The Judicial Review of Cartel Control: Testing the Evidence and Due Process

Christopher Harding and Julian Joshua

in Regulating Cartels in Europe

Published in print:
2010
Published Online:
May 2011
ISBN:
9780199551484
eISBN:
9780191594977
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199551484.003.0008
Subject:
Law, EU Law, Competition Law

Alongside the increasingly difficult and complex task of proving cartel activity and involvement for legal purposes there developed a responsive practice on the part of companies, seeking to the ... More


Conclusion

Claudio López-Guerra

in Democracy and Disenfranchisement: The Morality of Electoral Exclusions

Published in print:
2014
Published Online:
August 2014
ISBN:
9780198705789
eISBN:
9780191775222
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198705789.003.0007
Subject:
Political Science, Democratization

This brief chapter recapitulates some important points and suggests that the book’s overall argument should not be regarded as inimical to democratic values and practices. Although the book contends ... More


Introduction: Basic Rights and Beyond

Charles R. Beitz and Robert E. Goodin (eds)

in Global Basic Rights

Published in print:
2011
Published Online:
February 2015
ISBN:
9780199604388
eISBN:
9780191803567
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199604388.003.0001
Subject:
Political Science, Political Theory, International Relations and Politics

This introductory chapter begins with an overview of Henry Shue’s seminal work on political philosophy, Basic Rights. It characterizes the important central argument of the book and poses some ... More


Basic Rights in the Formative Era of Modern Society

Dieter Grimm

in Constitutionalism: Past, Present, and Future

Published in print:
2016
Published Online:
October 2016
ISBN:
9780198766124
eISBN:
9780191829277
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198766124.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter describes basic rights as a product of the bourgeois revolutions of the late eighteenth century and a part of the programme of the modern constitutional state that emerged from these ... More


Are Negative and Positive Distinct and Meaningful Categories?

Aaron Xavier Fellmeth

in Paradigms of International Human Rights Law

Published in print:
2016
Published Online:
August 2016
ISBN:
9780190611279
eISBN:
9780190611309
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190611279.003.0006
Subject:
Law, Human Rights and Immigration, Philosophy of Law

Chapter 5 discusses the ontology and definitional issues involved with classifying rights into negative and positive paradigms. It analyzes the common definitions of “positive rights” in philosophy ... More


Return to the Traditional Understanding of Fundamental Rights?

Dieter Grimm

in Constitutionalism: Past, Present, and Future

Published in print:
2016
Published Online:
October 2016
ISBN:
9780198766124
eISBN:
9780191829277
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198766124.003.0008
Subject:
Law, Constitutional and Administrative Law

This chapter considers the controversy surrounding the nature of fundamental rights. Are they just negative rights of the individual vis-à-vis the state or are they also objective principles for the ... More


Shue on Rights and Duties*

Thomas Pogge

in Global Basic Rights

Published in print:
2011
Published Online:
February 2015
ISBN:
9780199604388
eISBN:
9780191803567
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199604388.003.0006
Subject:
Political Science, Political Theory, International Relations and Politics

This chapter analyses the stages of Shue’s argument in Basic Rights, which starts from the premise that human beings have moral rights, specifically claim rights in Hohfeld’s sense. This premise ... More


The Voyage of the Neptune Jade: Transnational Labour Solidarity and the Obstacles of Domestic Law

James Atleson

in Labour Law in an Era of Globalization: Transformative Practices and Possibilities

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199271818
eISBN:
9780191699542
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271818.003.0020
Subject:
Law, Employment Law

This chapter recounts the troubled voyage of the Neptune Jade, a cargo ship caught in the midst of a dockworkers' dispute that began in Britain but attracted expressions of solidarity from ... More


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