Peter Ramsay
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199581061
- eISBN:
- 9780191741005
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199581061.001.0001
- Subject:
- Law, Criminal Law and Criminology
This book presents a theory of the recent emergence of a right to security and of its protection by the criminal law in the UK. It states that the protection of such a right makes sense of the ...
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This book presents a theory of the recent emergence of a right to security and of its protection by the criminal law in the UK. It states that the protection of such a right makes sense of the liabilities found in much of the expansive criminal legislation enacted under that government. This book identifies the normative source of the right to security in the idea of vulnerable autonomy. It demonstrates that this idea is axiomatic to political theories that have enjoyed a preponderant influence across the political mainstream, well beyond the ranks of the Labour government. It considers the continuing influence of these normative commitments on the Coalition government's policy. The book explores how the contemporary criminal law's institutionalization of a right to security differs from the law's earlier protection of security interests. It exposes the paradox presented by laws that declare their own lack of authority by threatening punishments that are justified on the assumption that the normal condition of the representative subject of law is one of feeling vulnerable to criminal victimization. The book presents unorthodox criminal law theory in two respects. First, it offers an explanatory political sociology of a contemporary trend in the criminal law's ‘special part’ rather than a philosophical treatment of the law's general principles. Second, rather than applying a pre-existing sociological or philosophical theory to the law, it develops its theoretical explanation from a detailed legal analysis and reconstruction of New Labour's flagship criminal justice policy, the Anti-Social Behaviour Order.Less
This book presents a theory of the recent emergence of a right to security and of its protection by the criminal law in the UK. It states that the protection of such a right makes sense of the liabilities found in much of the expansive criminal legislation enacted under that government. This book identifies the normative source of the right to security in the idea of vulnerable autonomy. It demonstrates that this idea is axiomatic to political theories that have enjoyed a preponderant influence across the political mainstream, well beyond the ranks of the Labour government. It considers the continuing influence of these normative commitments on the Coalition government's policy. The book explores how the contemporary criminal law's institutionalization of a right to security differs from the law's earlier protection of security interests. It exposes the paradox presented by laws that declare their own lack of authority by threatening punishments that are justified on the assumption that the normal condition of the representative subject of law is one of feeling vulnerable to criminal victimization. The book presents unorthodox criminal law theory in two respects. First, it offers an explanatory political sociology of a contemporary trend in the criminal law's ‘special part’ rather than a philosophical treatment of the law's general principles. Second, rather than applying a pre-existing sociological or philosophical theory to the law, it develops its theoretical explanation from a detailed legal analysis and reconstruction of New Labour's flagship criminal justice policy, the Anti-Social Behaviour Order.
William J. Talbott
- 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 ...
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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 nature with libertarian natural rights, the internal security problem. To be endorsed by the main principle, a solution to that problem requires guarantees of procedural rights, which have no analog in natural rights. The chapter discusses various problems that have been thought to be fatal to consequentialism: (1) the problem of intentionally punishing the innocent, and the related problem of inadvertently punishing the innocent, which is a challenging one for nonconsequentialists; (2) strict criminal liability; and (3) organ harvesting. The discussion of inadvertently punishing the innocent leads to a consideration of the doctrine of double effect. The chapter concludes the chapter with a comparison of his account with Judith Thomson’s trade-off idea, illustrated by the trolley cases.Less
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 nature with libertarian natural rights, the internal security problem. To be endorsed by the main principle, a solution to that problem requires guarantees of procedural rights, which have no analog in natural rights. The chapter discusses various problems that have been thought to be fatal to consequentialism: (1) the problem of intentionally punishing the innocent, and the related problem of inadvertently punishing the innocent, which is a challenging one for nonconsequentialists; (2) strict criminal liability; and (3) organ harvesting. The discussion of inadvertently punishing the innocent leads to a consideration of the doctrine of double effect. The chapter concludes the chapter with a comparison of his account with Judith Thomson’s trade-off idea, illustrated by the trolley cases.
Hiroshi Oda
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199232185
- eISBN:
- 9780191705335
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199232185.003.0009
- Subject:
- Law, Comparative Law
This chapter discusses Japanese property law. Topics covered include the concept of real rights, registration, ownership, joint ownership, the right to use another person's property, real securities, ...
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This chapter discusses Japanese property law. Topics covered include the concept of real rights, registration, ownership, joint ownership, the right to use another person's property, real securities, and atypical real security rights.Less
This chapter discusses Japanese property law. Topics covered include the concept of real rights, registration, ownership, joint ownership, the right to use another person's property, real securities, and atypical real security rights.
Peter Ramsay
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199581061
- eISBN:
- 9780191741005
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199581061.003.0004
- Subject:
- Law, Criminal Law and Criminology
This chapter considers what is distinctive about the Anti-Social Behaviour Order (ASBO) by comparing it with Section 5 of the Public Order Act 1986. It shows that the ASBO penalizes not individual ...
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This chapter considers what is distinctive about the Anti-Social Behaviour Order (ASBO) by comparing it with Section 5 of the Public Order Act 1986. It shows that the ASBO penalizes not individual acts that fail to reassure but any manifestation of a disposition to do so by showing that the ASBO imposes a subtle positive obligation of active citizenship and marks those who fail to fulfil this obligation as a second-class citizen by the reduction of their civil rights; by reviewing the controversy over the ASBO's procedure in order to demonstrate that the ASBO protects a right to freedom from fear; by demonstrating that the Coalition government's proposed reforms to the ASBO impose the same substantive liability as an ASBO; and also by explaining why the ASBO's protection of freedom from fear can be described as a right to security.Less
This chapter considers what is distinctive about the Anti-Social Behaviour Order (ASBO) by comparing it with Section 5 of the Public Order Act 1986. It shows that the ASBO penalizes not individual acts that fail to reassure but any manifestation of a disposition to do so by showing that the ASBO imposes a subtle positive obligation of active citizenship and marks those who fail to fulfil this obligation as a second-class citizen by the reduction of their civil rights; by reviewing the controversy over the ASBO's procedure in order to demonstrate that the ASBO protects a right to freedom from fear; by demonstrating that the Coalition government's proposed reforms to the ASBO impose the same substantive liability as an ASBO; and also by explaining why the ASBO's protection of freedom from fear can be described as a right to security.
Liora Lazarus
- Published in print:
- 2015
- Published Online:
- June 2015
- ISBN:
- 9780199688623
- eISBN:
- 9780191768101
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199688623.003.0024
- Subject:
- Law, Human Rights and Immigration, Philosophy of Law
The right to security is enshrined in international human rights treaties and constitutions. All people share the ambition to live free from fear of attack, loss of life, arbitrary arrest, detention, ...
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The right to security is enshrined in international human rights treaties and constitutions. All people share the ambition to live free from fear of attack, loss of life, arbitrary arrest, detention, or coercive interrogation. This chapter explores the theoretical arguments that support the recognition of that ambition as a right worthy of legal and moral protection. It first identifies competing conceptions of security in the theories of Hobbes and Locke. It then discusses the philosophical justifications for the right to security in the work of Blackstone, Shue, Fredman, Powell, and Ramsay. Finally, it exposes the problems associated with broad conceptions of security as a meta-right, and argues in favour of a specific and narrow conception of the right.Less
The right to security is enshrined in international human rights treaties and constitutions. All people share the ambition to live free from fear of attack, loss of life, arbitrary arrest, detention, or coercive interrogation. This chapter explores the theoretical arguments that support the recognition of that ambition as a right worthy of legal and moral protection. It first identifies competing conceptions of security in the theories of Hobbes and Locke. It then discusses the philosophical justifications for the right to security in the work of Blackstone, Shue, Fredman, Powell, and Ramsay. Finally, it exposes the problems associated with broad conceptions of security as a meta-right, and argues in favour of a specific and narrow conception of the right.
Rhonda Powell
- Published in print:
- 2019
- Published Online:
- April 2019
- ISBN:
- 9780199589111
- eISBN:
- 9780191792557
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780199589111.003.0008
- Subject:
- Law, Human Rights and Immigration
Chapter 7 considers issues in applying the analysis of the right to security of person put forward in this book as the basis of a single legal right. It is argued that security of person, ...
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Chapter 7 considers issues in applying the analysis of the right to security of person put forward in this book as the basis of a single legal right. It is argued that security of person, substantiated through the capabilities approach (or any other adequate theory of personhood), is too broad to be the subject of a single legal right. This contention raises an important normative question about the role which security of person should play in human rights law. It is accepted that existing legal rights to security of person are rightfully delineated, albeit that these delineations are pragmatic rather than principled. However, drawing on the key learning points that can be drawn from the analysis of security of person in this book, Chapter 7 explores an alternative way to understand the relationship between security of person and human rights law. It is argued that human rights law in general could be seen as one of the key ways by which international and national legal systems seek to further security of person. This approach is referred to as ‘rights as security’.Less
Chapter 7 considers issues in applying the analysis of the right to security of person put forward in this book as the basis of a single legal right. It is argued that security of person, substantiated through the capabilities approach (or any other adequate theory of personhood), is too broad to be the subject of a single legal right. This contention raises an important normative question about the role which security of person should play in human rights law. It is accepted that existing legal rights to security of person are rightfully delineated, albeit that these delineations are pragmatic rather than principled. However, drawing on the key learning points that can be drawn from the analysis of security of person in this book, Chapter 7 explores an alternative way to understand the relationship between security of person and human rights law. It is argued that human rights law in general could be seen as one of the key ways by which international and national legal systems seek to further security of person. This approach is referred to as ‘rights as security’.
Rhonda Powell
- Published in print:
- 2019
- Published Online:
- April 2019
- ISBN:
- 9780199589111
- eISBN:
- 9780191792557
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780199589111.003.0002
- Subject:
- Law, Human Rights and Immigration
There is no agreed meaning ascribed to the legal right to security of person, even though it is an internationally recognized human right and a term found in legislation and political dialogue around ...
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There is no agreed meaning ascribed to the legal right to security of person, even though it is an internationally recognized human right and a term found in legislation and political dialogue around the world. Most jurisdictions have left the courts to interpret the meaning of the right to security of person. In turn, courts have taken remarkably different approaches to determining which interests should be protected by the right to security of person in their jurisdictional context. Chapter 1 analyses the meaning that courts have given to the right as it appears in the European Convention for the Protection of Human Rights and Fundamental Freedoms, the Canadian Charter of Rights and Freedoms, and the South African Bill of Rights. It is argued that a deeper theoretical analysis is needed to identify the common core of the right.Less
There is no agreed meaning ascribed to the legal right to security of person, even though it is an internationally recognized human right and a term found in legislation and political dialogue around the world. Most jurisdictions have left the courts to interpret the meaning of the right to security of person. In turn, courts have taken remarkably different approaches to determining which interests should be protected by the right to security of person in their jurisdictional context. Chapter 1 analyses the meaning that courts have given to the right as it appears in the European Convention for the Protection of Human Rights and Fundamental Freedoms, the Canadian Charter of Rights and Freedoms, and the South African Bill of Rights. It is argued that a deeper theoretical analysis is needed to identify the common core of the right.
Claudena M. Skran
- Published in print:
- 1995
- Published Online:
- October 2011
- ISBN:
- 9780198273929
- eISBN:
- 9780191684081
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198273929.003.0005
- Subject:
- Political Science, International Relations and Politics
This chapter analyses the impact of the international refugee regime on the creation of policy concerning the security of the legal rights of the refugees. The customary legal framework proved to be ...
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This chapter analyses the impact of the international refugee regime on the creation of policy concerning the security of the legal rights of the refugees. The customary legal framework proved to be inadequate when the question arose about the safety of millions of refugees in the early 20th century. To correct this abnormality the principal makers of the regime embarked on a twofold strategy. First they sought to form a legal framework defining the status of refugees in international law. Secondly, the refugee agencies of the League of Nations tried to protect special groups of refugees with the intervention of consular services with the host governments. This twofold approach is discussed in detail throughout the chapter.Less
This chapter analyses the impact of the international refugee regime on the creation of policy concerning the security of the legal rights of the refugees. The customary legal framework proved to be inadequate when the question arose about the safety of millions of refugees in the early 20th century. To correct this abnormality the principal makers of the regime embarked on a twofold strategy. First they sought to form a legal framework defining the status of refugees in international law. Secondly, the refugee agencies of the League of Nations tried to protect special groups of refugees with the intervention of consular services with the host governments. This twofold approach is discussed in detail throughout the chapter.
Liora Lazarus
- Published in print:
- 2020
- Published Online:
- April 2020
- ISBN:
- 9780198824770
- eISBN:
- 9780191863486
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198824770.003.0007
- Subject:
- Law, Human Rights and Immigration, Public International Law
The twenty-first-century challenge that the chapter faces is how to ensure that positive rights to state protection are properly balanced against duties of state restraint in a climate of insecurity. ...
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The twenty-first-century challenge that the chapter faces is how to ensure that positive rights to state protection are properly balanced against duties of state restraint in a climate of insecurity. It argues that, contrary to conservative caricatures, human rights are not only liberal ‘politically correct’ mechanisms of state restraint. Rather they have become increasingly associated with the extension of state coercion, a process which risks securitizing human rights. While courts have had to balance carefully between these imperatives, politicians and philosophers are less keenly aware of the danger that human rights will be instrumentalized to legitimize overblown claims to state coercive protection. The chapter concludes by arguing that we can follow the lead of courts, who have had to confront the nuanced balance between duties of protection and restraint, and start to embrace a concept of ‘tolerable insecurity’. Only by embracing the risks that come with freedom can we have a productive debate about the relationship between insecurity and human rights.Less
The twenty-first-century challenge that the chapter faces is how to ensure that positive rights to state protection are properly balanced against duties of state restraint in a climate of insecurity. It argues that, contrary to conservative caricatures, human rights are not only liberal ‘politically correct’ mechanisms of state restraint. Rather they have become increasingly associated with the extension of state coercion, a process which risks securitizing human rights. While courts have had to balance carefully between these imperatives, politicians and philosophers are less keenly aware of the danger that human rights will be instrumentalized to legitimize overblown claims to state coercive protection. The chapter concludes by arguing that we can follow the lead of courts, who have had to confront the nuanced balance between duties of protection and restraint, and start to embrace a concept of ‘tolerable insecurity’. Only by embracing the risks that come with freedom can we have a productive debate about the relationship between insecurity and human rights.
Allen Buchanan
- Published in print:
- 2013
- Published Online:
- January 2014
- ISBN:
- 9780199325382
- eISBN:
- 9780199369300
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199325382.003.0004
- Subject:
- Philosophy, Political Philosophy
This chapter undertakes the first two justificatory tasks: making a complex moral case for having a system of international legal human rights similar to the one that exists and making headway on the ...
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This chapter undertakes the first two justificatory tasks: making a complex moral case for having a system of international legal human rights similar to the one that exists and making headway on the question of which specific norms ought to be included in it. With respect to the former question of justification, the chapter sets out three distinct justificatory arguments. The first identifies seven important benefits a system of international legal human rights similar to the existing one can provide for a wide range of actors, including states. The second argument shows that having such a system is morally obligatory, given the risks that the existing international order imposes on individuals by conferring eminently abusable powers and privileges on states. The third argument shows that states and the governments that act in their name have a special obligation to support such a system, because they are the chief benefiaries of the flaws of the international order that the system helps ameliorate. The latter part of the chapter provides fairly detailed sketches of justifications for representative rights from each of the major categories of human rights: civil and political rights, economic rights and economic liberty rights, the right to democratic government, and rights of physical security.Less
This chapter undertakes the first two justificatory tasks: making a complex moral case for having a system of international legal human rights similar to the one that exists and making headway on the question of which specific norms ought to be included in it. With respect to the former question of justification, the chapter sets out three distinct justificatory arguments. The first identifies seven important benefits a system of international legal human rights similar to the existing one can provide for a wide range of actors, including states. The second argument shows that having such a system is morally obligatory, given the risks that the existing international order imposes on individuals by conferring eminently abusable powers and privileges on states. The third argument shows that states and the governments that act in their name have a special obligation to support such a system, because they are the chief benefiaries of the flaws of the international order that the system helps ameliorate. The latter part of the chapter provides fairly detailed sketches of justifications for representative rights from each of the major categories of human rights: civil and political rights, economic rights and economic liberty rights, the right to democratic government, and rights of physical security.
Rhonda Powell
- Published in print:
- 2019
- Published Online:
- April 2019
- ISBN:
- 9780199589111
- eISBN:
- 9780191792557
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780199589111.003.0006
- Subject:
- Law, Human Rights and Immigration
Drawing on the analysis of security in Chapter 3 and the capabilities approach in Chapter 4, Chapter 5 provides examples of the interests that the right to security of person protects. It also ...
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Drawing on the analysis of security in Chapter 3 and the capabilities approach in Chapter 4, Chapter 5 provides examples of the interests that the right to security of person protects. It also considers the extent to which human rights law already recognizes a link between those interests and security of person. Five overlapping examples are discussed in turn: life, the means of life, health, privacy and the home, and autonomy. Illustrations are brought primarily from the European Convention on Human Rights, the Canadian Charter, and the South African Bill of Rights jurisprudence. It is argued that protection against material deprivations that threaten a person’s existence are as much part of the right to personal security as protection against physical assaults. The right to security of person effectively overcomes the problematic distinction between civil and political rights and socio-economic rights because it sits in both categories.Less
Drawing on the analysis of security in Chapter 3 and the capabilities approach in Chapter 4, Chapter 5 provides examples of the interests that the right to security of person protects. It also considers the extent to which human rights law already recognizes a link between those interests and security of person. Five overlapping examples are discussed in turn: life, the means of life, health, privacy and the home, and autonomy. Illustrations are brought primarily from the European Convention on Human Rights, the Canadian Charter, and the South African Bill of Rights jurisprudence. It is argued that protection against material deprivations that threaten a person’s existence are as much part of the right to personal security as protection against physical assaults. The right to security of person effectively overcomes the problematic distinction between civil and political rights and socio-economic rights because it sits in both categories.
Victor Tadros
- Published in print:
- 2015
- Published Online:
- June 2015
- ISBN:
- 9780199688623
- eISBN:
- 9780191768101
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199688623.003.0025
- Subject:
- Law, Human Rights and Immigration, Philosophy of Law
This chapter presents a response to Chapter 23’s account of right to security. It argues that debate about the right to security can usefully be structured by answering these four broad questions: ...
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This chapter presents a response to Chapter 23’s account of right to security. It argues that debate about the right to security can usefully be structured by answering these four broad questions: First, are there any enforceable positive duties to protect others? Secondly, to what extent do these duties fall on states? Thirdly, under what circumstances and in what way should the right to security be enshrined in a state's constitution? Finally, in what circumstances is the international community permitted or required to interfere with sovereign states to enforce duties of security, or to provide security directly? The chapter attempts to illuminate these questions by identifying some difficult issues that need addressing if they are to be answered.Less
This chapter presents a response to Chapter 23’s account of right to security. It argues that debate about the right to security can usefully be structured by answering these four broad questions: First, are there any enforceable positive duties to protect others? Secondly, to what extent do these duties fall on states? Thirdly, under what circumstances and in what way should the right to security be enshrined in a state's constitution? Finally, in what circumstances is the international community permitted or required to interfere with sovereign states to enforce duties of security, or to provide security directly? The chapter attempts to illuminate these questions by identifying some difficult issues that need addressing if they are to be answered.
Rhonda Powell
- Published in print:
- 2019
- Published Online:
- April 2019
- ISBN:
- 9780199589111
- eISBN:
- 9780191792557
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780199589111.003.0007
- Subject:
- Law, Human Rights and Immigration
In Chapter 6 it is argued that the right to security of person correlates to both negative and positive duties. The right to security of person should not only restrain the state from threatening or ...
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In Chapter 6 it is argued that the right to security of person correlates to both negative and positive duties. The right to security of person should not only restrain the state from threatening or putting a rights-holder’s personal interests at risk; it also requires that the state take positive measures to protect the rights-holders’ interests and values against threats and risks, whether or not these emanate from the state. Taking the capabilities approach as the ‘theory of personhood’ underlying the right, it would also require duties of facilitation and provision in situations where the capability to function is non-existent. Finally, Chapter 6 also considers the extent to which rights jurisprudence of the European Convention on Human Rights, the Canadian Charter, and the South African Bill of Rights successfully reflect the positive features of the right to security of person.Less
In Chapter 6 it is argued that the right to security of person correlates to both negative and positive duties. The right to security of person should not only restrain the state from threatening or putting a rights-holder’s personal interests at risk; it also requires that the state take positive measures to protect the rights-holders’ interests and values against threats and risks, whether or not these emanate from the state. Taking the capabilities approach as the ‘theory of personhood’ underlying the right, it would also require duties of facilitation and provision in situations where the capability to function is non-existent. Finally, Chapter 6 also considers the extent to which rights jurisprudence of the European Convention on Human Rights, the Canadian Charter, and the South African Bill of Rights successfully reflect the positive features of the right to security of person.
Rhonda Powell
- Published in print:
- 2019
- Published Online:
- April 2019
- ISBN:
- 9780199589111
- eISBN:
- 9780191792557
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780199589111.001.0001
- Subject:
- Law, Human Rights and Immigration
The right to security of person is widely recognized but little understood. Courts, legislatures, scholars, and others disagree about how the right to security of person should be defined. This book ...
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The right to security of person is widely recognized but little understood. Courts, legislatures, scholars, and others disagree about how the right to security of person should be defined. This book investigates the meaning of the right to security of person through an analysis of its constituent parts: security and the person. Applying an original conceptual analysis of ‘security’, it is argued that the right to security of person imposes both positive and negative duties. Also, to identify the interests to be protected by the right, we need a theory of personhood or well-being such as Amartya Sen and Martha Nussbaum’s ‘capabilities approach’. It is accepted that any existing legal rights to security of person must be artificially delineated in order not to overstep the boundaries of other rights. In recognition of the naturally broad meaning of the right to security of person, it is proposed that human rights law as a whole should be seen as a mechanism to further security of person: rights as security.Less
The right to security of person is widely recognized but little understood. Courts, legislatures, scholars, and others disagree about how the right to security of person should be defined. This book investigates the meaning of the right to security of person through an analysis of its constituent parts: security and the person. Applying an original conceptual analysis of ‘security’, it is argued that the right to security of person imposes both positive and negative duties. Also, to identify the interests to be protected by the right, we need a theory of personhood or well-being such as Amartya Sen and Martha Nussbaum’s ‘capabilities approach’. It is accepted that any existing legal rights to security of person must be artificially delineated in order not to overstep the boundaries of other rights. In recognition of the naturally broad meaning of the right to security of person, it is proposed that human rights law as a whole should be seen as a mechanism to further security of person: rights as security.
Rhonda Powell
- Published in print:
- 2019
- Published Online:
- April 2019
- ISBN:
- 9780199589111
- eISBN:
- 9780191792557
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780199589111.003.0005
- Subject:
- Law, Human Rights and Immigration
To make sense of ‘security’ in any context, we need to be able to identify the thing that is to be secured. It follows that the meaning of the right to security of person depends upon the meaning of ...
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To make sense of ‘security’ in any context, we need to be able to identify the thing that is to be secured. It follows that the meaning of the right to security of person depends upon the meaning of ‘the person’. In order to understand the right and the interests it protects, we need to take a view about which aspects of ‘the person’ warrant securing. In Chapter 4, I argue that Amartya Sen and Martha Nussbaum’s capabilities approach has the potential to provide a meaningful framework through which to understand the right to security of person: the right would protect ‘capabilities’.Less
To make sense of ‘security’ in any context, we need to be able to identify the thing that is to be secured. It follows that the meaning of the right to security of person depends upon the meaning of ‘the person’. In order to understand the right and the interests it protects, we need to take a view about which aspects of ‘the person’ warrant securing. In Chapter 4, I argue that Amartya Sen and Martha Nussbaum’s capabilities approach has the potential to provide a meaningful framework through which to understand the right to security of person: the right would protect ‘capabilities’.
Stuart Isaacs, Felicity Toube, Nick Segal, and Jennifer Marshall
- Published in print:
- 2016
- Published Online:
- March 2021
- ISBN:
- 9780199687800
- eISBN:
- 9780191932991
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780199687800.003.0006
- Subject:
- Law, EU Law
This chapter examines the impact of insolvency proceedings recognized by the Regulation on the rights of secured creditors, particularly the rights of such creditors to enforce their security and ...
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This chapter examines the impact of insolvency proceedings recognized by the Regulation on the rights of secured creditors, particularly the rights of such creditors to enforce their security and participate in the relevant insolvency proceedings. It also considers the impact of the Regulation on banks which hold security/quasi-security, addressing in particular the cross-frontier security rights of banks which hold security over the assets of companies or persons who enter into insolvency proceedings regulated by the Regulation, and the effect of those insolvency proceedings on the banks’ security interests. The chapter identifies those Articles of the Regulation which are particularly relevant to the position of a bank as a secured creditor, addresses the interpretation of those provisions (including the identification of difficult points of construction), and considers the practical aspects and the issues which are likely to face banks seeking to enforce security following the Regulation coming into force.
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This chapter examines the impact of insolvency proceedings recognized by the Regulation on the rights of secured creditors, particularly the rights of such creditors to enforce their security and participate in the relevant insolvency proceedings. It also considers the impact of the Regulation on banks which hold security/quasi-security, addressing in particular the cross-frontier security rights of banks which hold security over the assets of companies or persons who enter into insolvency proceedings regulated by the Regulation, and the effect of those insolvency proceedings on the banks’ security interests. The chapter identifies those Articles of the Regulation which are particularly relevant to the position of a bank as a secured creditor, addresses the interpretation of those provisions (including the identification of difficult points of construction), and considers the practical aspects and the issues which are likely to face banks seeking to enforce security following the Regulation coming into force.
Henry Shue
- Published in print:
- 2020
- Published Online:
- January 2021
- ISBN:
- 9780691202280
- eISBN:
- 9780691200835
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691202280.003.0002
- Subject:
- Philosophy, General
This chapter examines some of the reasons why it sometimes appears that although people have basic security rights, the right, if any, to even the physical necessities of existence like minimal ...
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This chapter examines some of the reasons why it sometimes appears that although people have basic security rights, the right, if any, to even the physical necessities of existence like minimal health care, food, clothing, shelter, unpolluted water, and unpolluted air is somehow less urgent or less basic. Frequently it is asserted or assumed that a highly significant difference between rights to physical security and rights to subsistence is that they are respectively “negative” rights and “positive” rights. The chapter offers some examples that clearly illustrate that the honoring of subsistence rights sometimes involves action no more positive than the honoring of security rights does. It also presents two theses about economic deprivation. The chapter then suggests that with every basic right, there are three types of correlative duties: duties to avoid depriving; duties to protect from deprivation; and duties to aid the deprived.Less
This chapter examines some of the reasons why it sometimes appears that although people have basic security rights, the right, if any, to even the physical necessities of existence like minimal health care, food, clothing, shelter, unpolluted water, and unpolluted air is somehow less urgent or less basic. Frequently it is asserted or assumed that a highly significant difference between rights to physical security and rights to subsistence is that they are respectively “negative” rights and “positive” rights. The chapter offers some examples that clearly illustrate that the honoring of subsistence rights sometimes involves action no more positive than the honoring of security rights does. It also presents two theses about economic deprivation. The chapter then suggests that with every basic right, there are three types of correlative duties: duties to avoid depriving; duties to protect from deprivation; and duties to aid the deprived.
Thomas Pogge
- 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 ...
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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 leaves open the content of our moral rights as well as their importance relative to one another and relative to other reasons for action. Noting considerable disagreement about these matters, Shue proposed a criterion for identifying the content, or (as he calls it) substance, of our most weighty, most important rights. Employing this criterion, he argues that four clusters of rights — security rights, subsistence rights, liberty rights, and political participation rights — satisfy this criterion. Shue concludes that these four rights clusters ‘are everyone’s minimum reasonable demands upon the rest of humanity’. Because all four clusters of rights impose both negative and positive duties, the common libertarian dismissal of subsistence rights fails.Less
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 leaves open the content of our moral rights as well as their importance relative to one another and relative to other reasons for action. Noting considerable disagreement about these matters, Shue proposed a criterion for identifying the content, or (as he calls it) substance, of our most weighty, most important rights. Employing this criterion, he argues that four clusters of rights — security rights, subsistence rights, liberty rights, and political participation rights — satisfy this criterion. Shue concludes that these four rights clusters ‘are everyone’s minimum reasonable demands upon the rest of humanity’. Because all four clusters of rights impose both negative and positive duties, the common libertarian dismissal of subsistence rights fails.
Judith Lichtenberg
- Published in print:
- 2011
- Published Online:
- February 2015
- ISBN:
- 9780199604388
- eISBN:
- 9780191803567
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:osobl/9780199604388.003.0004
- Subject:
- Political Science, Political Theory, International Relations and Politics
In Basic Rights Shue argued that subsistence rights — rights to a minimum level of well-being, sometimes called welfare rights or economic rights — are on a par with rights to physical security, ...
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In Basic Rights Shue argued that subsistence rights — rights to a minimum level of well-being, sometimes called welfare rights or economic rights — are on a par with rights to physical security, rights ‘not to be subjected to murder, torture, mayhem, rape, or assault’. Shue challenged the standard view that security rights are prior to or more important than subsistence rights — or even that the arguments establishing their priority imply that subsistence rights do not exist. His account of rights is sufficiently demanding to raise the question of whether there are any rights of the sort he is discussing. This chapter examines the charge that basic rights are unacceptably demanding to see whether it stands up.Less
In Basic Rights Shue argued that subsistence rights — rights to a minimum level of well-being, sometimes called welfare rights or economic rights — are on a par with rights to physical security, rights ‘not to be subjected to murder, torture, mayhem, rape, or assault’. Shue challenged the standard view that security rights are prior to or more important than subsistence rights — or even that the arguments establishing their priority imply that subsistence rights do not exist. His account of rights is sufficiently demanding to raise the question of whether there are any rights of the sort he is discussing. This chapter examines the charge that basic rights are unacceptably demanding to see whether it stands up.
Henry Shue
- Published in print:
- 2020
- Published Online:
- January 2021
- ISBN:
- 9780691202280
- eISBN:
- 9780691200835
- Item type:
- book
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691202280.001.0001
- Subject:
- Philosophy, General
Since its original publication, this book has proven increasingly influential to those working in political philosophy, human rights, global justice, and the ethics of international relations and ...
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Since its original publication, this book has proven increasingly influential to those working in political philosophy, human rights, global justice, and the ethics of international relations and foreign policy, particularly in debates regarding foreign policy's role in alleviating global poverty. The book asks: Which human rights ought to be the first honored and the last sacrificed? It argues that subsistence rights, along with security rights and liberty rights, serve as the ground of all other human rights. This classic work, now available in a thoroughly updated fortieth-anniversary edition, includes a substantial new chapter examining how the accelerating transformation of our climate progressively undermines the bases of subsistence like sufficient water, affordable food, and housing safe from forest-fires and sea-level rise. Climate change threatens basic rights.Less
Since its original publication, this book has proven increasingly influential to those working in political philosophy, human rights, global justice, and the ethics of international relations and foreign policy, particularly in debates regarding foreign policy's role in alleviating global poverty. The book asks: Which human rights ought to be the first honored and the last sacrificed? It argues that subsistence rights, along with security rights and liberty rights, serve as the ground of all other human rights. This classic work, now available in a thoroughly updated fortieth-anniversary edition, includes a substantial new chapter examining how the accelerating transformation of our climate progressively undermines the bases of subsistence like sufficient water, affordable food, and housing safe from forest-fires and sea-level rise. Climate change threatens basic rights.