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Life in a Republic: The Lessons of Philosophy

Susan James

in Spinoza on Philosophy, Religion, and Politics: The Theologico-Political Treatise

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199698127
eISBN:
9780191740558
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199698127.003.0011
Subject:
Philosophy, History of Philosophy, Political Philosophy

Living a religious life of the kind Spinoza has described is a theologico‐political enterprise, and depends on the existence of some sort of political community. Focusing on republics, the Treatise ... More


Sovereign Authority and the Right of Resistance I

Mark Philp and Z. A. Pelczynski

in Machiavelli, Hobbes, and Rousseau

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199645060
eISBN:
9780191741616
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199645060.003.0010
Subject:
Philosophy, History of Philosophy

Plamenatz examines Hobbes’ claims that the sovereign can never act unjustly; that unlimited sovereign authority should be concentrated in the hands of one man whose subjects cannot rightfully ... More


Nature of the Right and Type of Case

Andrew Legg

in The Margin of Appreciation in International Human Rights Law: Deference and Proportionality

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199650453
eISBN:
9780191741173
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199650453.003.0008
Subject:
Law, Public International Law, Human Rights and Immigration

It is often said that the nature of the right and the type of case are further factors for a margin of appreciation. This chapter explains that these matters are not in themselves grounds for ... More


Arguing for Human Rights: Labor Rights as Human Rights

Mathias Risse

in On Global Justice

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691142692
eISBN:
9781400845507
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691142692.003.0013
Subject:
Philosophy, Political Philosophy

This chapter examines whether labor rights are human rights. Labor rights appear in the Universal Declaration of Human Rights and are covered by the International Covenant on Economic, Social, and ... More


Rights and Constitutions: From Paxton’s Case to the Stamp Act

Mark Somos

in American States of Nature: The Origins of Independence, 1761-1775

Published in print:
2019
Published Online:
May 2019
ISBN:
9780190462857
eISBN:
9780190462871
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190462857.003.0003
Subject:
Political Science, Political Theory

This chapter examines Otis’s speech in Paxton’s Case to understand why John Adams regarded it as the start of the American Revolution, and describes Otis’s speech as the inflection point when ... More


The Philosophical Foundations of Human Rights: An Overview

Rowan Cruft, S. Matthew Liao, and Massimo Renzo

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/9780199688623.003.0001
Subject:
Law, Human Rights and Immigration, Philosophy of Law

The introduction introduces the history of the concept of human rights and its philosophical genealogy. It raises questions of the nature of human rights, the grounds of human rights, difference ... More


The Good Life (Sumak Kawsay) and the Good Mind (Ganigonhi:oh): Indigenous Values and Keeping Fossil Fuels in the Ground

Jack P. Manno and Pamela L. Martin

in Ending the Fossil Fuel Era

Published in print:
2015
Published Online:
January 2016
ISBN:
9780262028806
eISBN:
9780262327077
Item type:
chapter
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262028806.003.0011
Subject:
Political Science, Environmental Politics

The authors, Jack Manno and Pamela Martin, explore the influence of two Indigenous peoples embattled in efforts to keep fossil fuels in the ground. They focus on two key concepts: one known as the ... More


Phase 3: Global Impacts of Local Experiments

Craig M. Kauffman

in Grassroots Global Governance: Local Watershed Management Experiments and the Evolution of Sustainable Development

Published in print:
2017
Published Online:
December 2016
ISBN:
9780190625733
eISBN:
9780190625757
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190625733.003.0008
Subject:
Political Science, International Relations and Politics, Environmental Politics

Chapter 8 examines phase 3 of grassroots global governance. It first shows how Tungurahua’s experimental integrated watershed management system institutionalized indigenous norms, associated with the ... More


Standards Applied in Relevant Copyright Rulings: A Data-Based Case Law Analysis

Eleonora Rosati

in Copyright and the Court of Justice of the European Union

Published in print:
2019
Published Online:
April 2019
ISBN:
9780198837176
eISBN:
9780191873942
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198837176.003.0003
Subject:
Law, Intellectual Property, IT, and Media Law, EU Law

This chapter discusses the nature and content of eleven key standards that the Court has consistently employed in its copyright case law. They are: high level of protection, autonomous concepts of EU ... More


Beyond the Political–Orthodox Divide: The Broad View

Andrea Sangiovanni

in Human Rights: Moral or Political?

Published in print:
2018
Published Online:
April 2018
ISBN:
9780198713258
eISBN:
9780191781704
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198713258.003.0011
Subject:
Philosophy, Moral Philosophy, Political Philosophy

This chapter urges us to abandon the belief that there is a single human rights practice. Belief in what is called the Single Practice Assumption gives rise to the misguided idea—common to both ... More


Introduction

Aruna Sathanapally

in Beyond Disagreement: Open Remedies in Human Rights Adjudication

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199669301
eISBN:
9780191744648
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199669301.003.0001
Subject:
Law, Human Rights and Immigration

The introductory chapter explains the understanding of human rights upon which the project of examining open remedies is premised; an understanding in which human rights ought to be the subject of ... More


Escaping from Law, Appealing to it: The Experience of a Civil Society Tribunal

Jerneja Penca

in The Judicialization of International Law: A Mixed Blessing?

Published in print:
2018
Published Online:
May 2018
ISBN:
9780198816423
eISBN:
9780191853685
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198816423.003.0004
Subject:
Law, Public International Law

Penca examines the International Rights of Nature Tribunal (IRNT), exploring how and why the language and concept of an international tribunal is used. The aim of the chapter is to describe the ... More


The State of Nature: Sources and Traditions

Mark Somos

in American States of Nature: The Origins of Independence, 1761-1775

Published in print:
2019
Published Online:
May 2019
ISBN:
9780190462857
eISBN:
9780190462871
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190462857.003.0002
Subject:
Political Science, Political Theory

Chapter 2 sketches the various meanings and uses of the state of nature in relation to the American colonies until the early 1760s, including the prevalence and significance of the state of nature ... More


The Idea of International Human Rights Law

Steven Wheatley

in The Idea of International Human Rights Law

Published in print:
2019
Published Online:
March 2019
ISBN:
9780198749844
eISBN:
9780191814174
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198749844.003.0008
Subject:
Law, Public International Law, Human Rights and Immigration

Chapter 7 summarizes and clarifies the argument in the book, explaining the distinctive nature of International Human Rights Law. It reminds us that states invented human rights in 1945 with the ... More


The Nature of Violations of the Human Right to Subsistence

Elizabeth Ashford

in Human Rights: Moral or Political?

Published in print:
2018
Published Online:
April 2018
ISBN:
9780198713258
eISBN:
9780191781704
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198713258.003.0021
Subject:
Philosophy, Moral Philosophy, Political Philosophy

The question this chapter addresses is whether or not the human right to subsistence, which is widely internationally recognized, is underpinned by a fundamental human right, which has a peremptory ... More


Who or What Can be a Legal Person?

Visa A.J. Kurki

in A Theory of Legal Personhood

Published in print:
2019
Published Online:
September 2019
ISBN:
9780198844037
eISBN:
9780191879708
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198844037.003.0005
Subject:
Law, Philosophy of Law

The chapter assesses the rather popular claim that anything can be endowed with legal personhood. This ‘everything-goes’ view is often supported by examples such as the putative legal personhood of ... More


The Erotic Authority of Nature: Science, Art, and the Female during Goethe's Italian Journey

Robert J. Richards

in The Moral Authority of Nature

Published in print:
2003
Published Online:
March 2013
ISBN:
9780226136806
eISBN:
9780226136820
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226136820.003.0006
Subject:
History, History of Science, Technology, and Medicine

Goethe had been confirmed in his defense of the rights of nature during his travels to Italy in 1786–88. After his return to Germany, he set out to develop a science that would recognize nature's ... More


Remarks on Elizabeth Ashford’s “The Nature of Violations of the Human Right to Subsistence”

Daniel Weinstock

in Human Rights: Moral or Political?

Published in print:
2018
Published Online:
April 2018
ISBN:
9780198713258
eISBN:
9780191781704
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198713258.003.0022
Subject:
Philosophy, Moral Philosophy, Political Philosophy

Elizabeth Ashford argues that there exists a primary duty for citizens of affluent nations to alleviate the plight of those whose subsistence needs are currently not met. It is argued that her ... More


Human Rights in Context: A Comment on Sangiovanni

Rainer Forst

in Human Rights: Moral or Political?

Published in print:
2018
Published Online:
April 2018
ISBN:
9780198713258
eISBN:
9780191781704
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198713258.003.0012
Subject:
Philosophy, Moral Philosophy, Political Philosophy

In the first part of the comments, Andrea Sangiovanni’s “broad view” of human rights is analysed and criticized for being too broad. It does not provide a sufficient normative ground for the core ... More


A Theory of Legal Personhood

Visa AJ Kurki

Published in print:
2019
Published Online:
September 2019
ISBN:
9780198844037
eISBN:
9780191879708
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198844037.001.0001
Subject:
Law, Philosophy of Law

Legal personhood is a foundational concept of Western legal thought. It has recently become highly topical, underpinning contemporary debates over the legal status of animals, corporations, foetuses, ... More


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