Jump to ContentJump to Main Navigation

You are looking at 1-20 of 48 items

  • Keywords: positive right 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


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


Environmental Protection: Positive Constitutional Rights in the Late Twentieth Century

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/9780691155777.003.0007
Subject:
Political Science, Public Policy

This chapter examines the campaigns for constitutional rights to environmental protection. In the 1960s and 1970s, when Congress was passing landmark environmental regulations and an entire executive ... More


Looking for Rights in All the Wrong Places

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/9780691155777.003.0001
Subject:
Political Science, Public Policy

This book examines the nature and political origins of America's positive constitutional rights. It is widely assumed that constitutional rights in the United States protect people from government ... 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


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


New States in Decolonization After 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/9780199564446.003.0006
Subject:
Political Science, Comparative Politics, International Relations and Politics

Chapter 5 shows that despite the problematic character of self‐determination as a positive claim against international society, the Wilsonian conception was the basis of post‐1945 decolonization. ... More


Education: America

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/9780691155777.003.0005
Subject:
Political Science, Public Policy

This chapter examines the campaigns to add education rights to state constitutions, with particular emphasis on how the common school movement was able to establish the states' constitutional duty to ... 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


Workers’ Rights: Constitutional Protections Where (and When) We Would Least Expect Them

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/9780691155777.003.0006
Subject:
Political Science, Public Policy

This chapter examines the campaigns to add labor rights to state constitutions. The quintessential arguments about America's exceptional liberalism and its uniquely negative-rights culture have ... More


New States in the Post‐Cold War Period

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/9780199564446.003.0007
Subject:
Political Science, Comparative Politics, International Relations and Politics

Chapter 6 reveals how developments of the last twenty years have expanded norms of state recognition beyond the ex‐colonial world, as evidenced in the dissolutions of the Soviet Union and Yugoslavia. ... More


Conclusion

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/9780691155777.003.0008
Subject:
Political Science, Public Policy

This concluding chapter clarifies that the book has refuted the claim that positive rights are outside the American constitutional tradition by investigating the various campaigns to add education ... More


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

Emily Zackin

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691155777
eISBN:
9781400846276
Item type:
book
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155777.001.0001
Subject:
Political Science, Public Policy

Unlike many national constitutions, which contain explicit positive rights to such things as education, a living wage, and a healthful environment, the U.S. Bill of Rights appears to contain only a ... More


Positive Rights and Proportionality Analysis

Matthias Klatt and Moritz Meister

in The Constitutional Structure of Proportionality

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199662463
eISBN:
9780191743405
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199662463.003.0006
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

The special role of positive rights is widely recognized in constitutional scholarship, but the consequences in detail for both proportionality analysis and balancing are often unclear or neglected. ... More


The Myth of Rights: Of Aliens, Corporations, and Guns

ASHUTOSH BHAGWAT

in The Myth of Rights: The Purposes and Limits of Constitutional Rights

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195377781
eISBN:
9780199775842
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195377781.003.001
Subject:
Law, Constitutional and Administrative Law

This chapter begins with a discussion of the focus of the book, which is the provisions and amendments of the Constitution that are generally understood to grant the most important individual rights: ... More


Why Write New Rights?: Understanding Constitutional Development Apart from Entrenchment

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/9780691155777.003.0004
Subject:
Political Science, Public Policy

This chapter considers the variety of political calculations that drove activists, organizations, and social movements to pursue the creation of positive rights. It first explains the classic idea of ... 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


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


Positive Obligations and Criminal Justice: Duties to Protect or Coerce?

Liora Lazarus

in Principles and Values in Criminal Law and Criminal Justice: Essays in Honour of Andrew Ashworth

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199696796
eISBN:
9780191742293
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199696796.003.0009
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

This chapter explores the relationship between criminal law, criminal process, and human rights from a slightly different perspective. It seeks to demonstrate that while human rights may well be used ... 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


View: