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The Nature of Caring and the Obligation to Care

Daniel Engster

in The Heart of Justice: Care ethics and Political Theory

Published in print:
2007
Published Online:
May 2007
ISBN:
9780199214358
eISBN:
9780191706684
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199214358.003.0002
Subject:
Political Science, Political Theory

Caring is usually defined either too narrowly or too broadly to support a moral and political theory. This chapter outlines a definition of caring that is better suited for guiding the development of ... More


Practicing Democracy

Karen Zivi

in Making Rights Claims: A Practice of Democratic Citizenship

Published in print:
2012
Published Online:
January 2012
ISBN:
9780199826414
eISBN:
9780199919437
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199826414.003.0006
Subject:
Political Science, Political Theory, Democratization

This brief concluding chapter revisits one of the motivating questions of the book: Should individuals or groups, particularly those marginalized on the basis of a particular identity, turn to 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


Basic Human Rights: The Moral Minimum

Charles Jones

in Global Justice: Defending Cosmopolitanism

Published in print:
2001
Published Online:
October 2011
ISBN:
9780199242221
eISBN:
9780191697067
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199242221.003.0003
Subject:
Political Science, Political Theory

This chapter provides the rationale for a defensible account of global justice. The view that the chapter has in mind is perhaps the most popular form of cosmopolitanism in both academic and ... 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


The Variable Power of Property Rights: Explaining the (Otherwise) Inexplicable in Law

Laura S. Underkuffler

in The Idea of Property: Its Meaning and Power

Published in print:
2003
Published Online:
March 2012
ISBN:
9780199254187
eISBN:
9780191698224
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199254187.003.0008
Subject:
Law, Law of Obligations

This chapter uses the conceptual framework developed in Chapter 6 to explain why some claim property rights lack — and should lack — presumptive power. Topics discussed include the two-tiered model ... More


Predicting the Power of Claimed Rights: A Two-Tiered Model of Rights' Presumptive Power

Laura S. Underkuffler

in The Idea of Property: Its Meaning and Power

Published in print:
2003
Published Online:
March 2012
ISBN:
9780199254187
eISBN:
9780191698224
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199254187.003.0007
Subject:
Law, Law of Obligations

This chapter presents a two-tiered model that predicts when — in law — claim rights will (and should) have prima facie or trumping power, and when they will (and should) not. This model is as ... More


Moving into More Uncharted and Controversial Waters: The Body as Property, Personal Information as Property, Cultural Property, and State Redistributive Claims

Laura S. Underkuffler

in The Idea of Property: Its Meaning and Power

Published in print:
2003
Published Online:
March 2012
ISBN:
9780199254187
eISBN:
9780191698224
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199254187.003.0009
Subject:
Law, Law of Obligations

This chapter considers how property rights claims should be treated in cases in which the law is emerging or unsettled. If we (as a society) determine that the ‘body’ is property, that ‘personal ... More


Rights: Their Logic Restated

John Finnis

in Philosophy of Law: Collected Essays Volume IV

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199580088
eISBN:
9780191729409
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580088.003.0019
Subject:
Law, Philosophy of Law

This chapter offers some fundamental clarifications of the logic of Hohfeld's analysis of rights. Its results are presupposed and partly summarized in Natural Law and Natural Rights. Axioms for a ... More


Creolizing Citizenship? Migrant Women from Turkey as Subjects of Agency

Umut Erel

in Creolizing Europe: Legacies and Transformations

Published in print:
2015
Published Online:
May 2016
ISBN:
9781781381717
eISBN:
9781781382288
Item type:
chapter
Publisher:
Liverpool University Press
DOI:
10.5949/liverpool/9781781381717.003.0012
Subject:
History, European Modern History

Umut Erel draws on the life-stories of migrant women from Turkey in Germany and Britain and proposes that there are three key moments in re-conceptualizing migrant women’s citizenship: 1) recognizing ... More


Rights, Democracy, and Law

Martin Loughlin

in Sceptical Essays on Human Rights

Published in print:
2001
Published Online:
January 2010
ISBN:
9780199246687
eISBN:
9780191714603
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199246687.003.0003
Subject:
Law, Human Rights and Immigration

This chapter discusses the main issues of debate which surround the question of whether or not it is desirable to seek to protect fundamental rights in constitutional documents. The potential ... More


Reimagining Public Interests: A Cautionary Note

Laura S. Underkuffler

in The Idea of Property: Its Meaning and Power

Published in print:
2003
Published Online:
March 2012
ISBN:
9780199254187
eISBN:
9780191698224
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199254187.003.0011
Subject:
Law, Law of Obligations

This chapter presents some comments regarding the discussions in the preceding chapters. The previous chapters discussed how claim rights and competing public interests must be seen in terms of the ... More


The Justice Content of Property: Constitutional Implications

Laura S. Underkuffler

in The Idea of Property: Its Meaning and Power

Published in print:
2003
Published Online:
March 2012
ISBN:
9780199254187
eISBN:
9780191698224
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199254187.003.0013
Subject:
Law, Law of Obligations

This chapter considers what the ‘allocative’ characteristic of property — what has been called the ‘justice content’ of property claims — means for the protection of property as a constitutional ... More


Coleman Advocates for Children and Youth: A Case Study in Community Organizing

Anne Newman

in Realizing Educational Rights: Advancing School Reform through Courts and Communities

Published in print:
2013
Published Online:
May 2014
ISBN:
9780226071749
eISBN:
9780226071886
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226071886.003.0006
Subject:
Education, Educational Policy and Politics

In Chapter 5, I examine rights claims that are expressed and pursued outside courtrooms through a case study of a leading community organization, Coleman Advocates for Children and Youth in San ... More


The Nature of Agreements: A Solution to Some Puzzles about Claim-Rights and Joint Intention 1

Margaret Gilbert

in Rational and Social Agency: The Philosophy of Michael Bratman

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199794515
eISBN:
9780199345229
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199794515.003.0010
Subject:
Philosophy, Moral Philosophy

Some puzzles from different areas of philosophy are discussed. They concern the nature of claim-rights and what it is for us, as opposed to each one of us, to have a particular intention. An ... More


The Emergent Scottish Constitutional Tradition

W. Elliot Bulmer

in Constituting Scotland: The Scottish National Movement and the Westminster Model

Published in print:
2016
Published Online:
January 2018
ISBN:
9780748697595
eISBN:
9781474427128
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748697595.003.0004
Subject:
Society and Culture, Scottish Studies

Continuing the examination of the contextual constraints that would bind Scottish constitution-makers in the event of independence, this chapter discusses the existing political and legal ... More


The Civic Constitution: Revisiting Four Eras of Civic Founding and Refounding

Elizabeth Beaumont

in The Civic Constitution: Civic Visions and Struggles in the Path toward Constitutional Democracy

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199940066
eISBN:
9780199369782
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199940066.003.0001
Subject:
Political Science, American Politics, Democratization

This chapter introduces the lens of the civic constitution to examine the role of key civic actors in American constitutionalism. This chapter identifies revolutionaries, antifederalists, ... More


Could a Greek Oath Guarantee a Claim Right?: Oaths, Contracts and the Structure of Obligation in Classical Athens

David Carter

in Horkos: The Oath in Greek Society

Published in print:
2008
Published Online:
May 2014
ISBN:
9781904675679
eISBN:
9781781380581
Item type:
chapter
Publisher:
Liverpool University Press
DOI:
10.5949/liverpool/9781904675679.003.0006
Subject:
History, Ancient History / Archaeology

This chapter examines whether an oath in classical Athens, like a modern contract, guaranteed a ‘claim right’ – in other words, whether it imposed on the swearer a duty to act in a certain way ... More


Instrumentalism and Human Rights: A Response to Buchanan and Sreenivasan

Erasmus Mayr

in Human Rights: Moral or Political?

Published in print:
2018
Published Online:
April 2018
ISBN:
9780198713258
eISBN:
9780191781704
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198713258.003.0014
Subject:
Philosophy, Moral Philosophy, Political Philosophy

This comment examines the impact of Buchanan’s and Sreenivasan’s critique of the mirroring view on some established theories of human rights, in particular on ‘political’ accounts like Joseph Raz’s, ... More


Epilogue: Conceiving Citizenship

Camillia Cowling

in Conceiving Freedom: Women of Color, Gender, and the Abolition of Slavery in Havana and Rio de Janeiro

Published in print:
2013
Published Online:
July 2014
ISBN:
9781469610870
eISBN:
9781469611808
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/northcarolina/9781469610870.003.0011
Subject:
History, Latin American History

This chapter focuses on Susan Zaeske's study of women's antislavery campaigns in the nineteenth-century United States, which examines petition as a tool for political change, out of which would ... More


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