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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


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 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


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


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


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


Human Rights, Ownership, and the Individual

Rowan Cruft

Published in print:
2019
Published Online:
October 2019
ISBN:
9780198793366
eISBN:
9780191884122
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198793366.001.0001
Subject:
Philosophy, Moral Philosophy

What do we mean by rights, and can our use of the concept be justified? This book offers a partial vindication of the concept of a right, defending its use in relation to human rights while ... 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


Trends in Antistalking Legislation

David J. Kapley and John R. Cooke

in Stalking: Psychiatric perspectives and practical approaches

Published in print:
2007
Published Online:
November 2020
ISBN:
9780195189841
eISBN:
9780197562383
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780195189841.003.0014
Subject:
Clinical Medicine and Allied Health, Psychiatry

This chapter examines antistalking statutes in the United States and abroad. All state and the federal governments have adopted legal mechanisms to address stalking. These enactments attest to the ... More


The Values of International Human Rights Law

Lea Raible

in Human Rights Unbound: A Theory of Extraterritoriality

Published in print:
2020
Published Online:
July 2020
ISBN:
9780198863373
eISBN:
9780191895791
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198863373.003.0003
Subject:
Law, Public International Law

This chapter addresses two crucial issues extraterritoriality presents—particularly when socioeconomic rights are taken into account. In order to identify extraterritorial human rights obligations we ... More


Introduction: Philosophical Preliminaries

Matthew H. Kramer

in Freedom of Expression as Self-Restraint

Published in print:
2021
Published Online:
June 2021
ISBN:
9780198868651
eISBN:
9780191905124
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198868651.003.0001
Subject:
Law, Philosophy of Law

This chapter expounds some technical philosophical notions that figure prominently in the rest of the book. Among the phenomena elucidated are moral conflicts, strong permissibility versus weak ... More


Introduction

Rowan Cruft

in Human Rights, Ownership, and the Individual

Published in print:
2019
Published Online:
October 2019
ISBN:
9780198793366
eISBN:
9780191884122
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198793366.003.0001
Subject:
Philosophy, Moral Philosophy

The aim of the book—to offer a philosophical assessment of the concept of a right—is introduced, along with terminological distinctions. Chapter 1 defends the author’s Hohfeldian assumption that all ... More


Rights’ Relation to the First and Second Person

Rowan Cruft

in Human Rights, Ownership, and the Individual

Published in print:
2019
Published Online:
October 2019
ISBN:
9780198793366
eISBN:
9780191884122
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198793366.003.0004
Subject:
Philosophy, Moral Philosophy

Chapter 4 develops a new account of what it is to be owed a duty. There are two parts to the analysis. The first part says that it is distinctive of a duty owed to a capable party (an adult, young ... More


From Directed Duties to Rights

Rowan Cruft

in Human Rights, Ownership, and the Individual

Published in print:
2019
Published Online:
October 2019
ISBN:
9780198793366
eISBN:
9780191884122
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198793366.003.0006
Subject:
Philosophy, Moral Philosophy

Chapter 6 explains how the foregoing chapters—with their focus on the analysis of directed duties—generate an analysis of Hohfeldian claim-rights, and how this analysis relates to the other forms of ... More


Why There Is No Right to Health Care

Stefan Bernard Baumrin

in Medicine and Social Justice: Essays on the Distribution of Health Care

Published in print:
2012
Published Online:
May 2015
ISBN:
9780199744206
eISBN:
9780190267551
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199744206.003.0008
Subject:
Philosophy, Moral Philosophy

This chapter considers whether or not there is a right to health care by applying the conceptually important distinction between negative and positive rights. Negative rights, also called liberty ... More


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