Jump to ContentJump to Main Navigation

You are looking at 1-20 of 34 items

  • Keywords: negative rights x
Clear All Modify Search

View:

Negative and Positive Rights

Cécile Fabre

in Social Rights Under the Constitution: Government and the Decent Life

Published in print:
2000
Published Online:
November 2003
ISBN:
9780198296751
eISBN:
9780191599200
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198296754.003.0003
Subject:
Political Science, Political Theory

I complete the argument for social rights undertaken in Ch. 1, by looking at differences between negative rights that our autonomy and well‐being be respected, and positive rights, of which social ... More


Environmental Rights as Democratic Rights

Tim Hayward

in Constitutional Environmental Rights

Published in print:
2004
Published Online:
July 2005
ISBN:
9780199278688
eISBN:
9780191602757
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199278687.003.0005
Subject:
Political Science, Political Theory

Constitutionalising a right makes it immune to the possibility of (routine) democratic revision. So, constitutional rights that set certain substantive values beyond the reach of routine political ... More


Conflicts of Rights: A Typology

F. M. Kamm

in Intricate Ethics: Rights, Responsibilities, and Permissible Harm

Published in print:
2007
Published Online:
October 2011
ISBN:
9780195189698
eISBN:
9780199851096
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195189698.003.0010
Subject:
Philosophy, Moral Philosophy

Previous chapters have considered what ought to be done (and which theory explains what ought to be done) when there is a conflict for an agent between his respecting the negative right of one person ... More


Defining Positive Rights

Emily Zackin

in Looking for Rights in All the Wrong Places: Why State Constitutions Contain America's Positive Rights

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691155777
eISBN:
9781400846276
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155777.003.0003
Subject:
Political Science, Public Policy

This chapter provides a definition of rights and describes the distinction between the categories of positive and negative rights. It first examines the rights movements' campaigns to add education, ... 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


New States Between 1918 and 1945

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/9780199564446.003.0005
Subject:
Political Science, Comparative Politics, International Relations and Politics

Chapter 4 begins by considering Woodrow Wilson's intellectual revolution of 1916–18 which turned on the positive right of self‐determination. In marked contrast to the earlier conception of ... More


Responsibility and Collaboration

F. M. Kamm

in Intricate Ethics: Rights, Responsibilities, and Permissible Harm

Published in print:
2007
Published Online:
October 2011
ISBN:
9780195189698
eISBN:
9780199851096
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195189698.003.0011
Subject:
Philosophy, Moral Philosophy

Previous chapters have discussed the form of the constraint on harming other people and how this relates to rights that individuals have. This chapter considers agent-focused concerns that may also ... More


Moral Rights

Hillel Steiner

David Copp (ed.)

in The Oxford Handbook of Ethical Theory

Published in print:
2005
Published Online:
February 2006
ISBN:
9780195147797
eISBN:
9780199785841
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195147790.003.0017
Subject:
Philosophy, Moral Philosophy

This chapter explores the nature of moral rights by examining their formal structure, their status within morality, and rival theories concerning their content. Moral rights are construed as ones ... More


Human Nature and Common-Sense Morality

Ingmar Persson and Julian Savulescu

in Unfit for the Future: The Need for Moral Enhancement

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199653645
eISBN:
9780191742033
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199653645.003.0002
Subject:
Philosophy, Moral Philosophy, Political Philosophy

This chapter reviews relevant aspects of human psychology and common-sense morality. The fact that it is easier for us to harm than to benefit is reflected in so-called loss aversion; that our ... More


Grounding the Right to Health

Jennifer Prah Ruger

in Health and Social Justice

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199559978
eISBN:
9780191721489
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199559978.003.0006
Subject:
Economics and Finance, Public and Welfare

This chapter offers a philosophical justification for the elusive ‘right to health’. It provides a framework for health reform efforts and covers the degree to which the right to health is ... More


A Minimal Normative Proposal

Paola Cavalieri

in The Animal Question: Why Non-Human Animals Deserve Human Rights

Published in print:
2002
Published Online:
November 2003
ISBN:
9780195143805
eISBN:
9780199833122
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195143809.003.0006
Subject:
Philosophy, Moral Philosophy

Finally, I argue that we already have at our disposal a theory that settles some of the moral questions of a decent coexistence, namely, human rights doctrine. I suggest that basic human rights have ... More


Harming, not Aiding, and Positive Rights

F. M. Kamm

in Morality, Mortality Volume II: Rights, Duties, and Status

Published in print:
2001
Published Online:
November 2003
ISBN:
9780195144024
eISBN:
9780199870998
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195144023.003.0006
Subject:
Philosophy, Moral Philosophy

Considers what would follow if the General Equivalence Thesis (GE) of the moral equivalence of harming and not aiding (in cases in which less than life is at stake) were true. The possible existence ... More


Objections and Conceptions of Moral Equivalence

F. M. Kamm

in Morality, Mortality Volume II: Rights, Duties, and Status

Published in print:
2001
Published Online:
November 2003
ISBN:
9780195144024
eISBN:
9780199870998
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195144023.003.0004
Subject:
Philosophy, Moral Philosophy

The first section of Ch. 3 is concerned with objections and alternatives to the arguments and analyses presented in the first two chapters on the moral equivalence of killing and letting die. Two ... More


Argument by Negative Rights

Arvind Sharma

in Are Human Rights Western?: A Contribution to the Dialogue of Civilizations

Published in print:
2006
Published Online:
October 2012
ISBN:
9780195679489
eISBN:
9780199081714
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195679489.003.0006
Subject:
Law, Human Rights and Immigration

This chapter examines the argument by negative rights in light of the claim that human rights are Western. In other words, human rights are Western in the sense that negative rights tend to be ... More


Transplantation and Rights over Our Bodies

T. M. Wilkinson

in Ethics and the Acquisition of Organs

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199607860
eISBN:
9780191731747
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199607860.003.0002
Subject:
Philosophy, Moral Philosophy, Political Philosophy

The purpose of this chapter is to give an account of the body rights that are relevant to transplantation. The chapter first explains the idea of moral rights. It then argues that we have rights of ... More


Subsistence wars

Cécile Fabre

in Cosmopolitan War

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199567164
eISBN:
9780191746055
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199567164.003.0004
Subject:
Philosophy, Moral Philosophy, Political Philosophy

Chapter 3 claims that violations of subsistence rights (to the material resources we need to lead a minimally decent life) provide victims with a just cause for war, partly because severe mass ... More


Germany: Balancing Rights and Duties

Donald P. Kommers

in Interpreting Constitutions: A Comparative Study

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199226474
eISBN:
9780191706707
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199226474.003.0005
Subject:
Law, Comparative Law

Germany's constitutional charter, adopted in 1949, is entitled the Basic Law. The Basic Law had evolved into one of the world's most admired constitutions, even rivalling that of the United States in ... More


Taxation, Welfare, and Benefits

Jethro K. Lieberman

in Liberalism Undressed

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199919840
eISBN:
9780199980376
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199919840.003.0005
Subject:
Political Science, Political Theory

This chapter examines taxation and welfare and other forms of state-provided benefits and concludes that under the harm principle the state may legitimately provide a host of public benefits and ... More


Is a Physician Ever Obligated to Help a Patient Die?

Margaret Pabst Battin

in Ending Life: Ethics and the Way We Die

Published in print:
2005
Published Online:
October 2011
ISBN:
9780195140279
eISBN:
9780199850280
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195140279.003.0005
Subject:
Philosophy, Moral Philosophy

Is a physician ever obligated to help a patient die? If physician-assisted suicide were to become legal or legally tolerated, would the patient have a right to assistance, a right held against the ... More


The Nature of Rights

Ingmar Persson

in From Morality to the End of Reason: An Essay on Rights, Reasons, and Responsibility

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199676552
eISBN:
9780191755811
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199676552.003.0002
Subject:
Philosophy, Moral Philosophy

This chapter expounds the commonsensical concept of a moral right. It explains the correlation between rights and duties/obligations. It distinguishes between fundamental and derivative rights, and ... More


View: