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Author : Samuel J. Stoljar
Publisher : Springer
Page : 146 pages
File Size : 55,5 Mb
Release : 1984-10-15
Category : Social Science
ISBN : 9781349176076
Author : S. J. Stoljar
Publisher : Palgrave Macmillan
Page : 137 pages
File Size : 48,6 Mb
Release : 1984-01-01
Category : Law
ISBN : 0312032838
Author : Andrew Halpin
Publisher : Hart Publishing
Page : 0 pages
File Size : 43,9 Mb
Release : 1997-07-19
Category : Law
ISBN : 1901362159
Rights have become,in recent years, a significant concern of legal theorists, as well as of those involved in moral and political philosophy. This new book seeks to move a number of debates forward by developing the analysis of rights and focusing upon more general theoretical considerations relating to rights. The book is divided into five parts. The first includes an explanation of the part played by conceptual analysis within jurisprudence, while the second conducts a re-examination of Hohfeld's analysis of rights. This part deals with the arguments advanced by a number of modern theorists including Hart, White and MacCormick. The third part contains the author's own framework for discussing rights, including examples drawn from tort, constitutional law and international law, together with an analysis of Unger's theory of rights. Part four centres on the perceived conflict between Dworkin, Rawls and Nozick as the defenders of a rights approach, and Bentham as the champion of utilitarianism and concludes that neither deals with the fundamental concerns of morality on which their theories are based. The fifth part consists of a conclusion which reflects on the key themes and considers the role of rights within general theory. For students, particularly helpful features of the book are the overt consideration of jurisprudential methodology and the opportunity to examine a number of key theorists linked by their divergent views on the subject of rights.
Author : Margaret Gilbert
Publisher : Oxford University Press
Page : 390 pages
File Size : 50,5 Mb
Release : 2018
Category : Philosophy
ISBN : 9780198813767
Margaret Gilbert presents the first full-length treatment of a central class of rights: demand-rights. To have such a right is to have the standing or authority to demand a particular action of another person. Gilbert argues that joint commitment is a ground of demand-rights, and gives joint commitment accounts of both agreements and promises. [Source : éditeur].
Author : Alfredo Narváez Medécigo
Publisher : Springer
Page : 262 pages
File Size : 52,7 Mb
Release : 2015-11-07
Category : Law
ISBN : 9783319245621
This book, which originated from the broadly held view that there is a lack of Rule-of-law in Mexico, and from the emphasis of traditional academia on cultural elements as the main explanation, explores the question of whether there is any relationship between the system of constitutional review ― and thus the ‘law’ as such ― and the level of Rule-of-law in a given state. To do so, it elaborates a theoretical model for achieving Rule-of-law and compares it to the constitutional review systems of the United States, the Federal Republic of Germany, and Mexico. The study concludes that the two former states correspond to the model, while the latter does not. This is fundamentally due to the role each legal system assigns to ordinary jurisdiction in carrying out constitutional review. Whereas the US and Germany have fostered the policy that constitutional review regarding the enforcement of basic rights is the responsibility of ordinary courts, Mexico has relied too heavily on the specialized constitutional jurisdiction.
Author : Shirley Gatenio Gabel
Publisher : Springer
Page : 85 pages
File Size : 52,5 Mb
Release : 2016-03-23
Category : Social Science
ISBN : 9783319244129
This brief resource sets out a rights-based framework for policy analysis that allows social workers to enhance their long-term vision as well as their current practice. It introduces the emerging P.A.N.E. (Participation, Accountability, Non-discrimination, Equity) model for evaluating social policy, comparing it with the traditional needs-based charity model in terms of not only effectiveness and efficiency but also inclusion and justice. Recognized standards for human rights are used to identify values crucial to informing policy goals. Exercises, key documents, and an extended example illustrate both the processes of creating empowering social policy and its best and most meaningful outcomes. Included in the coverage: Rights-based and needs-based approaches to social policy analysis. Regional and international human rights instruments. Grounding social policies in legal and institutional frameworks. Conceptualizing social issues from a human rights frame. Measuring progress on the realization of human rights. Rights-based analysis of maternity, paternity, and parental leaves in the United States. For social workers and social work researchers, A Rights-Based Approach to Social Policy Analysis gives readers a modern platform for achieving the highest goals of the field. It also makes a worthwhile class text for social work programs.
Author : Yoram Barzel
Publisher : Cambridge University Press
Page : 180 pages
File Size : 53,9 Mb
Release : 1997-04-13
Category : Business & Economics
ISBN : 0521597137
This is a study of the way individuals organise the use of resources in order to maximise the value of their economic rights over these resources.
Author : Eric Heinze
Publisher : Routledge
Page : 353 pages
File Size : 48,9 Mb
Release : 2004-02-24
Category : Philosophy
ISBN : 9781134419838
The Logic of Liberal Rights uses basic logic to develop a model of argument presupposed in all disputes about civil rights and liberties. No prior training in logic is required, as each step is explained. This analysis does not merely apply general logic to legal arguments but is also specifically tailored to the issues of civil rights and liberties. It shows that all arguments about civil rights and liberties presuppose one fixed structure and that there can be no original argument in rights disputes, except within the confines of that structure. Concepts arising in disputes about rights, like 'liberal' or 'democratic', are not mere abstractions but have a fixed and precise character. This book integrates themes in legal theory, political science and moral philosophy, as well as the philosophy of logic and language. For the advanced scholar, the book provides a model presupposed by leading theoretical schools (liberal and critical, positivist and naturalist). For the student it provides a systematic theory of civil rights and liberties. Examples are drawn from the European Convention in Human Rights but no special knowledge of the Convention is assumed, as the issues analysed arise throughout the world. Such issues include problems of free speech, religious freedom, privacy, torture, unlawful detention and private property.
Author : Shubha Ghosh,Irene Calboli
Publisher : Cambridge University Press
Page : 231 pages
File Size : 42,5 Mb
Release : 2018-11-08
Category : Law
ISBN : 9781107115859
Provides an in-depth assessment of the exhaustion doctrine and explores how its various implementations have shaped international trade issues.
Author : Melvyn Freeman,Soumitra Pathare,World Health Organization
Publisher : World Health Organization
Page : 204 pages
File Size : 54,5 Mb
Release : 2005
Category : Law
ISBN : 924156282X
This publication highlights key issues and principles to be considered in the drafting, adoption and implementation of mental health legislation and best practice in mental health services. It contains examples of diverse experiences and practices, as well as extracts of laws and other legal documents from a range of different countries, and a checklist of key policy components. Three main elements of effective mental health legislation are identified, relating to context, content and process.
Author : Joel Spring
Publisher : Routledge
Page : 200 pages
File Size : 52,6 Mb
Release : 2014-04-08
Category : Education
ISBN : 9781135646899
This is the first book to explore the meaning of equality and freedom of education in a global context and their relationship to the universal right to education. It also proposes evaluating school systems according to their achievement of equality and freedom. Education in the 21st century is widely viewed as a necessary condition for the promotion of human welfare, and thus identified as a basic human right. Educational rights are included in many national constitutions written since the global spread of human rights ideas after World War II. But as a global idea, the meaning of educational rights varies between civilizations. In this book, which builds on the concept of the universal right to education set forth in Spring's The Universal Right to Education: Justification, Definition, and Guidelines, his intercivilizational analysis of educational rights focuses on four of the world's major civilizations: Confucian, Islamic, Western, and Hindu. Spring begins by considering educational rights as part of the global flow of ideas and the global culture of schooling. He also considers the tension this generates within different civilizational traditions. Next, he proceeds to: *examine the meaning of educational rights in the Confucian tradition, in the recent history of China, and in the Chinese Constitution; *look at educational rights in the context of Islamic civilization and as presented in the constitutions of Islamic countries, including an analysis of the sharp contrast between the religious orientation of Islamic educational rights and those of China and the West; *explore the problems created by the Western natural rights tradition and the eventual acceptance of educational rights as represented in European constitutions, with a focus on the development and prominence given in the West to the relationship between schooling and equality of opportunity; and, *investigate the effect of global culture on India and the blend of Western and Hindu ideas in the Indian constitution, highlighting the obstacles to fulfillment of educational rights created by centuries of discrimination against women and lower castes. In his conclusion, Spring presents an educational rights statement based on his intercivilizational analysis and his examination of national constitutions. This statement is intended to serve as a model for the inclusion of educational rights in national constitutions.
Author : Muireann Quigley
Publisher : Cambridge University Press
Page : 363 pages
File Size : 44,6 Mb
Release : 2018-04-19
Category : Law
ISBN : 9781107036864
How should the law deal with the challenges of advancing biotechnology? This book is a philosophical and legal re-analysis.
Author : Joel Harrison
Publisher : Cambridge University Press
Page : 279 pages
File Size : 44,9 Mb
Release : 2020-07-09
Category : Law
ISBN : 9781108836500
A radically theological-political account of religious liberty, challenging secularisation narratives and liberal egalitarian arguments.
Author : Nicola Lucchi
Publisher : Springer Science & Business Media
Page : 180 pages
File Size : 40,8 Mb
Release : 2006-09-27
Category : Law
ISBN : 9783540365433
The book provides a comparative and comprehensive analysis of the current technical, commercial and economical development in digital media describing the impact of new business and distribution models, the current legal and regulatory framework, social practices and consumer expectations associated with the use, distribution, and control of digital media products. In particular the author analyze the anti-circumvention provisions for technological protection measures and digital rights management systems enacted in the United States and in Europe.
Author : Tom Campbell
Publisher : Routledge
Page : 263 pages
File Size : 44,9 Mb
Release : 2013-04-15
Category : Political Science
ISBN : 9781135025748
The book presents an analysis of the concept of rights and provides an illuminating expression of socialist ideals. The author outlines an analysis of fundamental human rights compatible with historical relativism and applies this to the political right of freedom of expression and the economic right to work. Finally he deploys the proposed analysis of socialist rights to explain the ambivalence of socialist thinkers towards welfare rights in contemporary capitalist states and to analyze the logic of assertions that welfare law is often counter-productive.
