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Natural Rights as Liberty Rights: Retained Rights, Privileges, or Immunities

Randy E. Barnett

in Restoring the Lost Constitution: The Presumption of Liberty

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter examines the conception of rights held by the people who wrote and adopted the original Constitution and also by those who wrote and adopted the Fourteenth Amendment. If the framers held ... More


Liberty’s Limits on Legislation

Michael Moore

in Placing Blame: A Theory of the Criminal Law

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199599493
eISBN:
9780191594649
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599493.003.0018
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

The last piece of the puzzle needed by a rational, retributivist legislator is a theory of the restraints she should observe in prohibiting moral wrongs. Promise-breaking may be morally wrong, for ... More


Delegating Rights Protection: The Rise of Bills of Rights in the Westminster World

David Erdos

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199557769
eISBN:
9780191594380
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199557769.001.0001
Subject:
Political Science, Comparative Politics

This book explores bill of rights outcomes in four countries — Australia, Canada, New Zealand, and the United Kingdom — whose development exhibits an interesting combination of both commonality and ... More


Rights to Assisted Dying

Penney Lewis

in Assisted Dying and Legal Change

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199212873
eISBN:
9780191707063
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199212873.003.2
Subject:
Law, Criminal Law and Criminology, Medical Law

There have been unsuccessful attempts to use constitutionally entrenched rights claims to challenge criminal prohibitions on assisted suicide in Canada, the United States, and the United Kingdom. ... More


Why Care What the Constitution Says?

Randy E. Barnett

in Restoring the Lost Constitution: The Presumption of Liberty

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.003.0001
Subject:
Law, Constitutional and Administrative Law

This book examines whether the U.S. Constitution—either as written or as actually applied—is legitimate. It argues that the most commonly held view of constitutional legitimacy—the “consent of the ... 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


Executive Detention of Foreign Terrorist Suspects

Moeckli Daniel

in Human Rights and Non-discrimination in the 'War on Terror'

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199239801
eISBN:
9780191716829
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199239801.003.0004
Subject:
Law, Human Rights and Immigration, Public International Law

Some of the post-September 11 laws include preventive detention powers that are only applicable to foreign terrorist suspects. This chapter examines the objective of these detention powers and ... More


Rights, Individual Preferences and Collective Rationality

Prasanta K. Pattanaik

in Arguments for a Better World: Essays in Honor of Amartya Sen: Volume I: Ethics, Welfare, and Measurement

Published in print:
2008
Published Online:
May 2009
ISBN:
9780199239115
eISBN:
9780191716935
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199239115.003.0013
Subject:
Economics and Finance, Development, Growth, and Environmental

In the context of Amartya Sen's well-known result on the impossibility of a Paretian liberal, this chapter studies two distinct issues, namely, the role of individual preferences over social states ... More


The Rights of Biological Parents

Norvin Richards

in The Ethics of Parenthood

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199731749
eISBN:
9780199866311
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199731749.003.0002
Subject:
Philosophy, Moral Philosophy

This chapter begins with the cases of Baby Jessica and Baby Richard, in which couples believed they had adopted a child but had dealt only with the biological mother. In each, the biological father ... More


Caretaker or liberator?

Allyn Fives

in Evaluating Parental Power: An Exercise in Pluralist Political Theory

Published in print:
2017
Published Online:
January 2018
ISBN:
9781784994327
eISBN:
9781526128614
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9781784994327.003.0003
Subject:
Philosophy, Moral Philosophy

Are parents caretakers or liberators? Is the role of parents to act in a paternalistic fashion so as to take care of their children or is it instead to set their children free? In this chapter, I ... More


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

Elizabeth Beaumont

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199940066
eISBN:
9780199369782
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199940066.001.0001
Subject:
Political Science, American Politics, Democratization

This book offers a powerful new understanding of American constitutional democracy by focusing on several generations of influential “civic founders”—largely ordinary men and women who sought to ... More


Public rights and liberties

Luis Melián

in Political Change in the Middle East and North Africa: After the Arab Spring

Published in print:
2017
Published Online:
May 2018
ISBN:
9781474415286
eISBN:
9781474438551
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781474415286.003.0010
Subject:
Political Science, Middle Eastern Politics

A key issue in the study of political change is the situation and development of rights and freedoms. Specifically, this chapter studies the impact that the eruption of the Arab Spring has had on ... More


Liberty Rights and the Limits of Liberal Democracy

Jiwei Ci

in Philosophical Foundations of Human Rights

Published in print:
2015
Published Online:
June 2015
ISBN:
9780199688623
eISBN:
9780191768101
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199688623.003.0034
Subject:
Law, Human Rights and Immigration, Philosophy of Law

Liberty rights begin life as liberal rights, rights enjoyed by members of liberal societies, and come to be treated as human rights through extension to the international arena. Thus, liberty rights ... 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


Buddhist, Western, and Hybrid Perspectives on Liberty Rights and Economic Rights

Gordon Davis

in Value and Values: Economics and Justice in an Age of Global Interdependence

Published in print:
2015
Published Online:
November 2016
ISBN:
9780824839673
eISBN:
9780824868604
Item type:
chapter
Publisher:
University of Hawai'i Press
DOI:
10.21313/hawaii/9780824839673.003.0017
Subject:
Society and Culture, Asian Studies

This chapter examines Buddhist, Western, and hybrid perspectives on liberty rights and economic rights. In particular, it considers the debate among contemporary Buddhist philosophers 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


Human Rights Without the Human Good?: A Reply to Jiwei Ci

Simon Hope

in Philosophical Foundations of Human Rights

Published in print:
2015
Published Online:
June 2015
ISBN:
9780199688623
eISBN:
9780191768101
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199688623.003.0035
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This chapter presents a response to the previous chapter’s account of liberty rights. Chapter 33 advanced two critical theses about liberty rights: first, liberty rights, no matter how justified, ... More


The Alleged Dichotomy Between Positive and Negative Rights and Duties*

Elizabeth Ashford

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/9780199604388.003.0005
Subject:
Political Science, Political Theory, International Relations and Politics

This chapter reinforces two of Shue’s principal arguments against the existence of a fundamental distinction between liberty rights and welfare rights, such that only the former are genuine human ... More


A Lockean Framework of Rights

Kai Draper

in War and Individual Rights: The Foundations of Just War Theory

Published in print:
2015
Published Online:
September 2015
ISBN:
9780199388899
eISBN:
9780199388912
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199388899.003.0002
Subject:
Philosophy, Political Philosophy, Moral Philosophy

This chapter enumerates the fundamental rights that must be respected if war is to be justified. They include the right of self-ownership, property rights, and need rights. The right to liberty is a ... 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


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