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Introduction: Liberty Vs. License

Randy E. Barnett

in The Structure of Liberty: Justice and the Rule of Law

Published in print:
2000
Published Online:
November 2003
ISBN:
9780198297291
eISBN:
9780191598777
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198297297.003.0001
Subject:
Political Science, Political Theory

This chapter places the arguments of the rest of the book into philosophical context. It distinguishes between liberty and licence, identifies the natural law method of given‐if‐then reasoning, and ... More


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


Civil 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:
10.1093/0198292937.003.0006
Subject:
Political Science, Political Theory

Civil rights are universal rights, rights that hold good for all citizens or all persons in a given society; on the assumption that rights are beneficial to the holder, civil rights are justified by ... More


The Structure of Liberty: Justice and the Rule of Law

Randy E. Barnett

Published in print:
2000
Published Online:
November 2003
ISBN:
9780198297291
eISBN:
9780191598777
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0198297297.001.0001
Subject:
Political Science, Political Theory

What is liberty, as opposed to licence, and why is it so important? When people pursue happiness, peace, and prosperity whilst living in society, they confront pervasive problems of knowledge, ... More


Rights as Valid Claims

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:
10.1093/0198292937.003.0004
Subject:
Political Science, Political Theory

No real consensus has emerged on whether rights, in order to be rights, require social recognition (and beyond that, social maintenance). In considering this issue one school of thought—embracing ... More


Natural Rights or Political Prudence? Francis Hutcheson on Toleration

Knud Haakonssen

in Natural Law and Toleration in the Early Enlightenment

Published in print:
2013
Published Online:
January 2014
ISBN:
9780197265406
eISBN:
9780191760457
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197265406.003.0008
Subject:
Philosophy, Political Philosophy

Francis Hutcheson is commonly seen as a theorist of natural rights, including the right to a free conscience. However, his notion of conscience is of a moral faculty that is subject to education and, ... More


Naturalistic Theories

Charles R. Beitz

in The Idea of Human Rights

Published in print:
2009
Published Online:
March 2012
ISBN:
9780199572458
eISBN:
9780191728303
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199572458.003.0003
Subject:
Political Science, Political Theory, International Relations and Politics

This chapter discusses naturalistic theory to express the idea of a human right. Naturalistic views conceive human rights as objects that inherit their main features from the natural rights found in ... More


Natural Law, the Law of Nations, and the Transition to Natural Rights

DAVID BOUCHER

in The Limits of Ethics in International Relations: Natural Law, Natural Rights, and Human Rights in Transition

Published in print:
2009
Published Online:
October 2011
ISBN:
9780199203529
eISBN:
9780191695490
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199203529.003.0004
Subject:
Political Science, Political Theory, International Relations and Politics

This chapter explores the early modern conceptions of natural law and its relation to the Law of Nations and natural rights. Evidence suggests that the existence of the Law of Nations was derived ... More


Natural Rights: Descriptive and Prescriptive

DAVID BOUCHER

in The Limits of Ethics in International Relations: Natural Law, Natural Rights, and Human Rights in Transition

Published in print:
2009
Published Online:
October 2011
ISBN:
9780199203529
eISBN:
9780191695490
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199203529.003.0006
Subject:
Political Science, Political Theory, International Relations and Politics

This chapter discusses the need to distinguish the descriptive and prescriptive traditions of natural rights. It contends that if either of the above has a claim to secularizing subjective rights, it ... More


Human Rights: The Incomplete Idea

James Griffin

in On Human Rights

Published in print:
2008
Published Online:
May 2010
ISBN:
9780199238781
eISBN:
9780191716478
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199238781.003.0002
Subject:
Philosophy, Moral Philosophy

Use of the term ‘human rights’ began at the end of the 18th century, but gained wide currency only in the middle of the 20th century. Before the end of the 18th century, the talk was instead of ... More


Constitutional Rights

Martin Loughlin

in Foundations of Public Law

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199256853
eISBN:
9780191594267
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199256853.003.0013
Subject:
Law, Public International Law

This chapter examines the influence of the idea that the modern system of government exists to protect the interests of the rights-bearing individual. It considers in particular the various claims ... More


Nonsense Upon Stilts? Tocqueville, Idealism, and the Expansion of the Moral Community

DAVID BOUCHER

in The Limits of Ethics in International Relations: Natural Law, Natural Rights, and Human Rights in Transition

Published in print:
2009
Published Online:
October 2011
ISBN:
9780199203529
eISBN:
9780191695490
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199203529.003.0009
Subject:
Political Science, Political Theory, International Relations and Politics

This chapter examines how the natural rights and natural law traditions ceased to become compelling and how they became philosophically bankrupt by the latter part of 19th century. Edmund Burke, ... More


Rights

Garrett Barden and Tim Murphy

in Law and Justice in Community

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199592685
eISBN:
9780191595653
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592685.003.0009
Subject:
Law, Philosophy of Law

This chapter grounds an account of rights in the Roman definition of justice. It argues that rights, whether they are classed as ‘natural’, ‘individual’, ‘subjective’, ‘fundamental’, or ‘human’, are ... More


The Limits of Ethics in International Relations: Natural Law, Natural Rights, and Human Rights in Transition

David Boucher

Published in print:
2009
Published Online:
October 2011
ISBN:
9780199203529
eISBN:
9780191695490
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199203529.001.0001
Subject:
Political Science, Political Theory, International Relations and Politics

Ethical constraints on relations among individuals within and between societies have always reflected or invoked a higher authority than the caprices of human will. For over two thousand years ... More


An Approach to 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/9780199744787.003.0001
Subject:
Philosophy, General

This chapter explains how the contemporary idea of human rights developed out of the natural rights tradition. It adopts a natural rights, although not a natural law, approach to human rights in ... More


Natural Law and Natural Rights

Philip Schofield

in Utility and Democracy: The Political Thought of Jeremy Bentham

Published in print:
2006
Published Online:
September 2007
ISBN:
9780198208563
eISBN:
9780191716928
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198208563.003.0003
Subject:
History, History of Ideas

Bentham’s theory of logic and language formed the basis of his attack on the related doctrines of natural law and natural rights. Talk about natural law was nonsense because there was no really ... More


Natural Rights and Social Exclusion: Cultural Encounters

DAVID BOUCHER

in The Limits of Ethics in International Relations: Natural Law, Natural Rights, and Human Rights in Transition

Published in print:
2009
Published Online:
October 2011
ISBN:
9780199203529
eISBN:
9780191695490
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199203529.003.0005
Subject:
Political Science, Political Theory, International Relations and Politics

This chapter examines the practical implications of the ideas of natural law, natural rights, and social exclusion in the context of cultural encounters. The cases of the European encounters with ... More


The Human Rights Culture and its Discontents

DAVID BOUCHER

in The Limits of Ethics in International Relations: Natural Law, Natural Rights, and Human Rights in Transition

Published in print:
2009
Published Online:
October 2011
ISBN:
9780199203529
eISBN:
9780191695490
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199203529.003.0010
Subject:
Political Science, Political Theory, International Relations and Politics

This chapter discusses discontent about the human rights culture. It argues that while natural rights and human rights are often associated, they are quite different but with similar objectives or ... More


New States in Latin America

Mikulas Fabry

in Recognizing States: International Society and the Establishment of New States Since 1776

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199564446
eISBN:
9780191722325
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199564446.003.0003
Subject:
Political Science, Comparative Politics, International Relations and Politics

Chapter 2 examines the emergence of recognition of de facto states. Crafted by early nineteenth‐century American and British foreign policy‐makers in response to unilateral secessions in Latin ... More


Security Rights

William J. Talbott

in Human Rights and Human Well-Being

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195173482
eISBN:
9780199872176
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195173482.003.0006
Subject:
Philosophy, Political Philosophy

This chapter compares a system of human rights guarantees of security with libertarian natural rights. Security rights are a solution to a collective action problem that would arise in a state of ... More


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