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The Insecurity State: Vulnerable Autonomy and the Right to Security in the Criminal Law

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 ... 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


Property Law

Hiroshi Oda

in Japanese Law

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, ... More


Freedom from Fear

Peter Ramsay

in The Insecurity State: Vulnerable Autonomy and the Right to Security in the Criminal Law

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 ... More


The Right to Security

Liora Lazarus

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/9780199688623.003.0024
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, ... More


Rights as Security

Rhonda Powell

in Rights as Security: The Theoretical Basis of Security of Person

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, ... More


Correlative Duties

Henry Shue

in Basic Rights: Subsistence, Affluence, and U.S. Foreign Policy: 40th Anniversary Edition

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 ... More


The Quest for Legal Protection

Claudena M. Skran

in Refugees in Inter-War Europe: The Emergence of a Regime

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 ... More


The Legal Right to Security of Person

Rhonda Powell

in Rights as Security: The Theoretical Basis of Security of Person

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 ... More


Insecurity and Human Rights

Liora Lazarus

in Human Rights and 21st Century Challenges: Poverty, Conflict, and the Environment

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. ... More


The Case for a System of International Legal Human Rights

Allen Buchanan

in The Heart of Human Rights

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 ... More


The Interests Protected by the Right to Security of Person

Rhonda Powell

in Rights as Security: The Theoretical Basis of Security of Person

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 ... More


Basic Rights: Subsistence, Affluence, and U.S. Foreign Policy: 40th Anniversary Edition

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 ... More


Negative and Positive Security of Person

Rhonda Powell

in Rights as Security: The Theoretical Basis of Security of Person

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 ... More


Rights and Security for Human Rights Sceptics

Victor Tadros

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/9780199688623.003.0025
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: ... More


Rights as Security: The Theoretical Basis of 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 ... More


Securing the Person

Rhonda Powell

in Rights as Security: The Theoretical Basis of Security of Person

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 ... More


The Effect of the Regulation on Cross-Border Security and Quasi-Security

Stuart Isaacs, Felicity Toube, Nick Segal, and Jennifer Marshall

in Moss, Fletcher and Isaacs on the EU Regulation on Insolvency Proceedings

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 ... More


Shue on Rights and Duties*

Thomas Pogge

in Global Basic Rights

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 ... More


Are There Any Basic Rights?*

Judith Lichtenberg

in Global Basic Rights

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, ... More


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