Results for 'implicit rights and jurisdictional guaranties'

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  1. Derecho A La Memoria: ¿Derecho Cultural Implícito En El Sistema Constitucional Chileno?Carmen Cabezas del Fierro, Gonzalo Fibla Cerda & Constanza Jerez Mundaca - 2013 - Logos: Revista de Lingüística, Filosofía y Literatura 23 (2):151-168.
    RESUMEN El artículo analiza el complejo tema del derecho a la memoria como derecho humano de carácter cultural así como su consagración en el ordenamiento jurídico chileno. El trabajo alude a la problemática del reconocimiento de los nuevos derechos fundamentales y el modo de hacerlos efectivos, para lo cual se analizará la estructura de dicho derecho en cuanto a su contenido esencial, titularidad y garantías. Finalmente, se plantea el tema de la protección de los derechos implícitos a través de una (...)
     
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  2.  35
    Constitutional and Human Rights Disturbances: Australia’s Privative Clauses Created Both in an Immigration Context. [REVIEW]Barbara Ann Hocking & Scott Guy - 2010 - Human Rights Review 11 (3):401-431.
    With the arrival of another wave of “boat people” to Australian waters in late 2009, issues of human rights of asylum seekers and refugees once again became a major feature of the political landscape. Claims of “queue jumping” were made, particularly by some sections of the media, and they may seem populist, but they are also ironic, given the protracted efforts on the part of the federal government to stymie any orderly appeals process, largely through resort to “privative clauses”. (...)
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  3. Sovereign Jurisdiction, Territorial Rights, and Membership in Hobbes.Arash Abizadeh - 2013 - In Aloysius Martinich & Kinch Hoekstra (eds.), The Oxford Handbook of Hobbes. New York, NY: Oxford University Press.
    Although sovereign jurisdictional authority is not itself a kind of property right for Hobbes, it is the object of the sovereign’s (not the state’s) proprietary rights. Jurisdictional authority for Hobbes is foundationally over persons rather than territory, so that the sovereign’s territorial jurisdiction is parasitic on jurisdiction over persons. Territory nevertheless plays a significant role in determining subjects’ political obligations because the sovereign’s ability to protect subjects is necessary for such obligations, and control over space is necessary (...)
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  4.  14
    Sovereign Jurisdiction, Territorial Rights, and Membership in Hobbes.Arash Abizadeh - 2013 - In Aloysius Martinich & Kinch Hoekstra (eds.), The Oxford Handbook of Hobbes. New York, NY: Oxford University Press.
    Although sovereign jurisdictional authority is not itself a kind of property right for Hobbes, it is the object of the sovereign’s proprietary rights. Jurisdictional authority for Hobbes is foundationally over persons rather than territory, so that the sovereign’s territorial jurisdiction is parasitic on jurisdiction over persons. Territory nevertheless plays a significant role in determining subjects’ political obligations because the sovereign’s ability to protect subjects is necessary for such obligations, and control over space is necessary to protect subjects. (...)
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  5. Liberalism, Multiculturalism, and the Value of Individual Autonomy.Geoffrey Brahm Levey - 1999 - Dissertation, Brown University
    The dissertation explores the implications of the liberal value of individual autonomy for the rights of cultural minorities in liberal societies. Liberals traditionally have assumed that respect for autonomy precludes the political recognition of citizens' cultural identities. But in recent years a number of self-styled "liberal nationalists" have argued that honoring the value of autonomy actually entitles cultural minorities and their members to a plethora of cultural rights, including political autonomy, minority jurisdiction over land and language, the public (...)
     
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  6. Constitutional Rights and Democracy: A Reply to Professor Bellamy.Wilfrid J. Waluchow - 2013 - German Law Journal 14:1039-1051.
    -/- In his rich and thoughtful paper, Richard Bellamy sketches a theory of individual rights that ascribes to them an inherently democratic character that “is best captured by a republican view of liberty as non-domination, rather than the standard liberal account of liberty as non-interference.” According to this view, “rights involve an implicit appeal to democratic forms of reasoning.” That is, the only justifiable “foundation of rights must be some form of ongoing democratic decision making that (...)
     
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  7. The convergence hypothesis falsified: implicit intrinsic value, operational rights, and de facto standing in the endangered species act.J. Baird Callicott - 2009 - In Ben Minteer (ed.), Nature in Common?: Environmental Ethics and the Contested Foundations of Environmental Policy. Philadelphia: Temple University Press.
  8. Human Rights and the Practice of Cross-referencing in Domestic Courts.Deepa Kansra - 2020 - Kamkus Law Journal 4:117-129.
    Domestic courts are often quoting foreign case law on human rights. The conversation pursued through cross-referencing across jurisdictions has added to the globalization of international human rights standards. As the practice is gaining ground and becoming a more permanent feature of domestic judgments, its relevance needs to be examined. A closer look at the practice will bring forth a more realistic understanding of the approaches of domestic courts and the advantages which they offer to the institution. This paper (...)
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  9.  60
    Animal Rights and the Interpretation of the South African Constitution.Thaddeus Metz - 2010 - Southern African Public Law 25 (2):301-311.
    I argue that, even supposing substantive principles of distributive justice entail that animals warrant constitutional protection, there are other, potentially weightier forms of injustice that would probably be done by interpreting a Bill of Rights as implicitly applying to animals, namely, formal injustice and compensatory injustice. Formal injustice would result from such a reading of the Constitution in that the state would fail to speak with one voice upon newly according legal rights to animals. Compensatory injustice would likely (...)
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  10.  18
    Sovereignty, the Corporate Religious, and Jurisdictional/political Pluralism.Jean L. Cohen - 2017 - Theoretical Inquiries in Law 18 (2):547-575.
    We typically associate sovereignty with the modern state and presuppose the coincidence of political rule, public power, government, legitimacy and jurisdiction with territorially delimited states. We are also used to referencing liberal principles of justice, egalitarian ideals of fairness, republican conceptions of non-domination and separation of powers, and democratic ideas of popular sovereignty, for the standards that should constitute, guide, limit and legitimate the exercise of sovereign power. This Article addresses an important challenge to these principles: the reemergence of theories (...)
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  11.  38
    Implicit Theories and Issue Characteristics as Determinants of Moral Awareness and Intentions.Kurt Wurthmann - 2017 - Journal of Business Ethics 142 (1):93-116.
    Individuals’ implicit theories that people’s character is fixed versus malleable are associated with their holding beliefs that morality is primarily determined by fulfilling prescribed duties versus upholding basic rights of others, respectively. Three studies provide evidence that the ability to recognize that a situation can legitimately be considered from a moral point of view is interactively dependent upon the nature of perceivers’ implicit theories and the extent to which the issue involves a violation that emphasizes a failure (...)
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  12. Human Rights, Natural Rights, And Europe’s Imperial Legacy.Anthony Pagden - 2003 - Philosophy Today 31 (2):171-199.
    The author argues the concept of human rights is a development of the older notion of natural rights and that the modern understanding of natural rights evolved in the context of the European struggle to legitimate its overseas empires. The French Revolution changed this by, in effect, linking human rights to the idea of citizenship. Human rights were thus tied not only to a specific ethical-legal code but also implicitly to a particular kind of political (...)
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  13. Multicultural Jurisdictions: Cultural Differences and Women's Rights.Ayelet Shachar - 2001 - Cambridge University Press.
    Is it possible for the state simultaneously to respect deep cultural differences and to protect the hard-won citizenship rights of vulnerable group members, particularly women? This 2001 book argues that it is not only theoretically needed, but also institutionally feasible. Rejecting prevalent normative and legal solutions to this 'paradox of multicultural vulnerability', Multicultural Jurisdictions develops a powerful argument for enhancement of the jurisdictional autonomy of religious and cultural minorities while at the same time providing viable legal-institutional solutions to (...)
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  14.  83
    Do Insecure Property Rights Ground Rights of Jurisdiction? Miller on Territorial Justice.Kim Angell - 2013 - Res Publica 19 (2):183-192.
    A prominent approach in the debate on territorial rights claims that a group may have jurisdictional rights over a particular land if that land has become a repository of value for the group. This justification relies on a premise which has remained largely unsubstantiated, namely that having jurisdictional rights should be our preferred means for ensuring the group’s retaining of the land’s embedded value. This article discusses a recent attempt to fill this gap. David Miller (...)
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  15.  59
    The Right to Feel Comfortable: Implicit Bias and the Moral Potential of Discomfort.Ditte Marie Munch-Jurisic - 2020 - Ethical Theory and Moral Practice 23 (1):237-250.
    An increasingly popular view in scholarly literature and public debate on implicit biases holds that there is progressive moral potential in the discomfort that liberals and egalitarians feel when they realize they harbor implicit biases. The strong voices among such discomfort advocates believe we have a moral and political duty to confront people with their biases even though we risk making them uncomfortable. Only a few voices have called attention to the aversive effects of discomfort. Such discomfort skeptics (...)
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  16. Implicit bias and social schema: a transactive memory approach.Valerie Soon - 2020 - Philosophical Studies 177 (7):1857-1877.
    To what extent should we focus on implicit bias in order to eradicate persistent social injustice? Structural prioritizers argue that we should focus less on individual minds than on unjust social structures, while equal prioritizers think that both are equally important. This article introduces the framework of transactive memory into the debate to defend the equal priority view. The transactive memory framework helps us see how structure can emerge from individual interactions as an irreducibly social product. If this is (...)
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  17.  12
    Jurisdiction in Deleuze: the expression and representation of law.Edward Mussawir - 2011 - New York, NY: Routledge.
    Deleuze and jurisdiction : expressionism in jurisprudence -- Personal jurisdiction : the "method of dramatization" in the law of persons -- Minority and personal jurisdiction : judging sex in re alex -- Persons of animal law -- Deleuze, the law of things and subject-matter jurisdiction -- To put to flight : the right of possession -- The activity of judgment : law of actions and the procedural genre of jurisprudence -- Jurisdiction of control : judgment and procedural forms in Thomas (...)
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  18. User's Rights and the Public Domain.Hugh Breakey - 2010 - Intellectual Property Quarterly (3):312-23.
    In recent years the concept of “user’s rights” has gained considerable currency in discussions of the limits of intellectual property in general, and of copyright in particular. Those arguing in favour of the public domain and increased limitations on copyright have increasingly sought to fight fire with fire – to place substantive user’s rights against the claims of intellectual property. User’s rights have in some jurisdictions received explicit Supreme Court imprimatur and they are expressly recognised in key (...)
     
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  19.  69
    Territorial rights and colonial wrongs.Benjamin Ferguson & Roberto Veneziani - 2020 - European Journal of Philosophy 29 (2):425-446.
    What is wrong with colonialism? The standard—albeit often implicit—answer to this question has been that colonialism was wrong because it violated the territorial rights of indigenous peoples, where territorial rights were grounded on acquisition theories. Recently, the standard view has come under attack: according to critics, acquisition based accounts do not provide solid theoretical grounds to condemn colonial relations. Indeed, historically they were used to justify colonialism. Various alternative accounts of the wrong of colonialism have been developed. (...)
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  20. Animal Rights and the Interpretation of the South African Constitution (repr.).Thaddeus Metz - 2012 - In David Bilchitz & Stu Woolman (eds.), Is This Seat Taken? Conversations at the Bar, the Bench and the Academy. Pretoria University Law Press. pp. 209-219.
    In this chapter, a reprinted article from Southern African Public Law (2010), I argue that, even supposing substantive principles of distributive justice entail that animals warrant constitutional protection, there are other, potentially weightier forms of injustice that would probably be done by interpreting a Bill of Rights as implicitly applying to animals, namely, formal injustice and compensatory injustice. Formal injustice would result from such a reading of the Constitution in that the state would fail to speak with one voice (...)
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  21. Hypothetical imperatives: Scope and jurisdiction.Mark Schroeder - 2015 - In Mark Timmons (ed.), Reason, Value, and Respect: Kantian Themes From the Philosophy of Thomas E. Hill, Jr. New York, NY: Oxford University Press.
    The last few decades have given rise to the study of practical reason as a legitimate subfield of philosophy in its own right, concerned with the nature of practical rationality, its relationship to theoretical rationality, and the explanatory relationship between reasons, rationality, and agency in general. Among the most central of the topics whose blossoming study has shaped this field, is the nature and structure of instrumental rationality, the topic to which Kant has to date made perhaps the largest contribution, (...)
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  22.  57
    (1 other version)Convention for protection of human rights and dignity of the human being with regard to the application of biology and biomedicine: Convention on human rights and biomedicine.Council of Europe - 1997 - Kennedy Institute of Ethics Journal 7 (3):277-290.
    In lieu of an abstract, here is a brief excerpt of the content:Convention for Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Biomedicine: Convention on Human Rights and BiomedicineCouncil of EuropePreambleThe Member States of the Council of Europe, the other States and the European Community signatories hereto,Bearing in mind the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on 10 December 1948;Bearing (...)
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  23.  10
    Territorial Rights and Natural Resources.Margaret Moore - 2015 - In A Political Theory of Territory. New York: Oxford University Press.
    This chapter considers whether collective self-determination, which justifies a right of jurisdiction, can also generate a right to control natural resources. It discusses the limits of that argument, focusing especially on the limits of justice. Part One deals with territorial claims over unoccupied islands, the seabed, the Arctic, and Antarctica. These are viewed as resources by the rival claimants, and their respective claims should be conceived of as property claims. The second part of the chapter deals with cases where there (...)
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  24.  20
    Between facts and principles: jurisdiction in international human rights law.Lea Raible - 2021 - Jurisprudence 13 (1):52-72.
    In international human rights law ‘jurisdiction’ is the centre of the debate on extraterritorial obligations. The purpose of the present paper is to a) analyse how facts and principles contribute t...
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  25.  30
    Human Rights and Women's Rights.Angela Knobel - 2023 - Nova et Vetera 21 (1):275-285.
    In lieu of an abstract, here is a brief excerpt of the content:Human Rights and Women's RightsAngela KnobelMainstream feminists insist, with a degree of unanimity that is sometimes surprising, that access to abortion is an essential precondition of female equality. That feminism, which is in other respects so flexible, inclusive, and uncategorizable, should be so unyielding with respect to this particular issue seems surprising to many. It is especially surprising to those who, while sympathetic to other feminist goals, also (...)
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  26. Am I a Racist? Implicit Bias and the Ascription of Racism.Neil Levy - 2017 - Philosophical Quarterly 67 (268):534-551.
    There is good evidence that many people harbour attitudes that conflict with those they endorse. In the language of social psychology, they seem to have implicit attitudes that conflict with their explicit beliefs. There has been a great deal of attention paid to the question whether agents like this are responsible for actions caused by their implicit attitudes, but much less to the question whether they can rightly be described as racist in virtue of harbouring them. In this (...)
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  27. Territorial Rights and Exclusion.Lea Ypi - 2013 - Philosophy Compass 8 (3):241-253.
    Is it possible to justify territorial rights? Provided a justification for territorial rights can be found, does it ground claims toparticularterritories? And provided a claim to particular territories can be justified, what kind of claim is it? Is it a claim to jurisdiction? A claim to control resources? A claim to control the movement of people across borders? In this paper I review some prominent accounts seeking to answer these questions. After outlining their main features, I focus on (...)
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  28.  55
    Property rights and preservationist duties.Robert E. Goodin - 1990 - Inquiry: An Interdisciplinary Journal of Philosophy 33 (4):401 – 432.
    The preservationist duties that conservationists would lay upon landowners to protect the natural environment obviously interfere with what those people do with their land. That is often taken to be an equally obvious ? albeit possibly justifiable ? violation of their rights in that property. But to say that, as landowners often do, would be to imply that property rights somehow embrace a ?right to destroy?. Closer inspection suggests that they do not. That would be a further right, (...)
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  29. Contract Rights and Remedies, and the Divergence between Law and Morality.Brian H. Bix - 2008 - Ratio Juris 21 (2):194-211.
    There is an ongoing debate in the philosophical and jurisprudential literature regarding the nature and possibility of Contract theory. On one hand are those who argue (or assume) that there is, or should be, a single, general, universal theory of Contract Law, one applicable to all jurisdictions and all times. On the other hand are those who assert that Contract theory should be localized to particular times and places, perhaps even with different theories for different types of agreements. This article (...)
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  30.  48
    Human Rights and the New Corporate Accountability: Learning from Recent Developments in Corporate Criminal Liability. [REVIEW]Aurora Voiculescu - 2009 - Journal of Business Ethics 87 (2):419 - 432.
    The 3rd Report of the Special Representative of the Secretary-General of the United Nations appears to have generated significant consensus around its approach to business and human rights. This state of harmony relies mainly upon a narrow mandate limiting the endeavour largely to a mapping exercise. It also relies upon a process of 'operationalisation' that is yet to be undertaken despite the recent release of a 4th Report. After a brief presentation of the main parameters of the framework proposed (...)
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  31.  28
    Multicultural Jurisdictions: Cultural Differences and Women's Rights.G. B. Levey - 2003 - Australasian Journal of Philosophy 81 (1):144-146.
    Book Information Multicultural Jurisdictions: Cultural Differences and Women's Rights. By Ayelet Shachar. Cambridge University Press. Cambridge. 2001. Pp. xiv + 193. Hardback, Aus.$140. Paperback, $48.95.
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  32.  19
    Jurisdiction of the European Court of Human Rights in the Baltic States’ Cases.Elżbieta Kużelewska - 2019 - Studies in Logic, Grammar and Rhetoric 59 (1):97-109.
    The Baltic States – Estonia, Lithuania and Latvia – are democratic states of law that respect human rights. As members of the Council of Europe, they implemented into domestic law the Convention on the Protection of Human Rights and Fundamental Freedoms (known as the European Convention on Human Rights) – an international document for the universal protection of human rights adopted by the Council of Europe. The aim of the paper is to analyze whether and to (...)
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  33.  10
    Territorial Rights and Rights to Control Borders and Immigration.Margaret Moore - 2015 - In A Political Theory of Territory. New York: Oxford University Press.
    This chapter considers the extent to which the self-determination argument, which justifies a people in exercising jurisdictional authority over territory, can be extended to justify those people in exercising control over the flow of persons and goods across borders. It considers whether preventing people from entering a state is a violation of their rights to free movement and rights to subsistence. Whatever the legitimacy of the right to control borders, it has to be understood as at best (...)
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  34.  34
    Public Regulators and CSR: The ‘Social Licence to Operate’ in Recent United Nations Instruments on Business and Human Rights and the Juridification of CSR.Karin Buhmann - 2016 - Journal of Business Ethics 136 (4):699-714.
    The social licence to operate concept is little developed in the academic literature so far. Deployment of the term was made by the United National Guiding Principles on Business and Human Rights and the UN ‘Protect, Respect and Remedy’ Framework, which apply SLO as an argument for responsible business conduct, connecting to social expectations and bridging to public regulation. This UN guidance has had a significant bearing on how public regulators seek to influence business conduct beyond Human Rights (...)
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  35.  81
    Value Collectivism, Collective Rights, and Self-Threatening Theory.Dwight G. Newman - 2013 - Oxford Journal of Legal Studies 33 (1):197-210.
    This review article discusses the conception of collective rights necessary to ground contemporary entrenchments of minority educational rights, Indigenous rights and collective bargaining rights, as discussed in Miodrag Jovanović’s book, Collective Rights: A Legal Theory. Jovanović argues for a role for value collectivism in elucidating a rationale for the entrenchment of rights held by what he conceives of as pre-legally existing groups with interests not reducible to those of their individual members. This approach can (...)
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  36.  52
    Contract rights and remedies, and the divergence between law and morality.B. I. X. H. - 2008 - Ratio Juris 21 (2):194-211.
    Abstract. There is an ongoing debate in the philosophical and jurisprudential literature regarding the nature and possibility of Contract theory. On one hand, are those who argue (or assume) that there is, or should be, a single, general, universal theory of Contract Law, one applicable to all jurisdictions and all times. On the other hand, are those who assert that Contract theory should be localized to particular times and places, perhaps even with different theories for different types of agreements. This (...)
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  37. The Relative Authority of International Law and Courts in the Human Rights and Trade Regimes: A Survey Experiment.Oisin Suttle - manuscript
    This paper presents preliminary results of a survey experiment examining the effects of international illegality on public support for proposed public policies. It adds three specific dimensions to the existing literature. First, it tests whether the effects of international illegality differ depending on the international regime whose rules are violated, testing the effects of violations of both human rights and trade regimes. Second, it tests how far the involvement of international courts vary these effects. And third, it examines these (...)
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  38. John Locke: Natural Rights And Natural Duties.Gary Herbert - 1996 - Jahrbuch für Recht Und Ethik 4.
    The political problem John Locke inherited from Thomas Hobbes was to produce a theory of natural rights that would not preclude the possibility of entering peacefully into civil association. If political existence is grounded on an unmediated theory of natural right, where every individual has a natural right to whatever he or she conceives to be useful in assuring his or her preservation, and where there are no moral limits to what one's rights will justify, civil association cannot (...)
     
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  39.  31
    Jurisdiction of the European Court of Justice over Issues Relating to the Common Foreign and Security Policy under the Lisbon Treaty.Loreta Saltinyte - 2010 - Jurisprudencija: Mokslo darbu žurnalas 119 (1):261-279.
    Although the Lisbon Treaty maintained the general exclusion of Common Foreign and Security Policy (CFSP) matters from ECJ jurisdiction, it introduced a number of changes into this area, including an explicit statement that the Court is competent to review the legality of the Council decisions imposing restraining measures on persons. The article analyzes the nature and origin of those changes and considers the legal implications for the level of the protection of fundamental rights in the European Union. For this (...)
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  40.  34
    Between Globalization of Human Rights and Territorial Protection of Civil One.Rafał Wonicki - 2023 - Analiza I Egzystencja 61:27-49.
    The main aim of the article is to show that axiological and anthropological dimensions of human rights in the globalized world do not fit together. Such tension – between universally understood human rights and territorially perceived citizens’ rights – is unavoidable. By making the term “human” strictly biological people are being perceived not as members of a particular community but as members of the species. In the political paradigm these collectivities are distinguished by political rules, in the (...)
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  41. Human rights as acts of faith: universal jurisdiction and the law of historical memory in Spain.Barry Collins - 2018 - In Kalliopē Chainoglou, Barry Collins, Michael Phillips & John Strawson (eds.), Injustice, memory and faith in human rights. New York: Routledge, Taylor & Francis Group.
     
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  42.  73
    Human dignity, human rights, and religious pluralism: Buddhist and Christian perspectives.John D'Arcy May - 2006 - Buddhist-Christian Studies 26 (1):51-60.
    In lieu of an abstract, here is a brief excerpt of the content:Human Dignity, Human Rights, and Religious Pluralism:Buddhist and Christian Perspectives1John D'Arcy MayThe question of how the concept of human rights—so crucially important for the implementation of justice in a rapidly globalizing world—relates to the plurality of cultures and religions has still not been solved. Controversies such as those over land rights in Aboriginal Australia and Asian values in Southeast Asia have shown this repeatedly. In such (...)
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  43.  65
    Self-Determination and Resource Rights: In Defence of Territorial Jurisdiction Over Natural Resources.Ayelet Banai - 2016 - Res Publica 22 (1):9-20.
    Is territorial jurisdiction over natural resources justified? This paper argues that a freedom-based account of self-determination coupled with ‘functionalist’ justifications of territorial right support territorial jurisdiction over natural resources. This justification simultaneously gives rise to limits on the permissible exercise of the right: the principles of reciprocity and generality, and of equal freedom. This ‘reciprocal’ view on territorial jurisdiction over natural resources, defended here, differs from two alternatives: the traditional sovereignty view on the one hand and the transnational jurisdiction view—which (...)
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  44.  10
    Territorial Jurisdiction as an Internationally Recognized Right.Pellegrino Gianfranco - forthcoming - Philosophy and Public Issues - Filosofia E Questioni Pubbliche.
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  45. Talking about taste: Disagreement, implicit arguments, and relative truth.Isidora Stojanovic - 2007 - Linguistics and Philosophy 30 (6):691-706.
    In this paper, I take issue with an idea that has emerged from recent relativist proposals, and, in particular, from Lasersohn, according to which the correct semantics for taste predicates must use contents that are functions of a judge parameter rather than implicit arguments lexically associated with such predicates. I argue that the relativist account and the contextualist implicit argument-account are, from the viewpoint of semantics, not much more than notational variants of one another. In other words, given (...)
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  46.  23
    Fundamental Social Rights and Existenzminimum.Cláudia Toledo - 2014 - Philosophy Study 4 (1).
    While fundamental individual rights are unquestionably taken as subjective rights, the same does not happen with fundamental social rights (health, education, work and housing – all of them guided by the idea of human dignity). If they are subjective rights, they are justiciable. The main argument in favor of this understanding is based on liberty. The main argument against is the so called formal argument. In relation to the pro argument, liberty can be juridical or factual. (...)
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  47. Fairness to Rightness: Jurisdiction, Legality, and the Legitimacy of International Criminal Law.David Luban - 2010 - In Samantha Besson & John Tasioulas (eds.), The philosophy of international law. New York: Oxford University Press.
  48. The language of rights and conceptual history.Oliver O'Donovan - 2009 - Journal of Religious Ethics 37 (2):193-207.
    The historical problem about the origins of the language of rights derives its importance from the conceptual problem: of "two fundamentally different ways of thinking about justice," which is basic? Is justice unitary or plural? This in turn opens up a problem about the moral status of human nature. A narrative of the origins of "rights" is an account of how and when a plural concept of justice comes to the fore, and will be based on the occurrence (...)
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  49. Universal Jurisdiction and International Criminal Law.Jovana Davidovic - 2015 - In Chad Flanders & Zachary Hoskins (eds.), The New Philosophy of Criminal Law. London, UK: Rowman & Littlefield International. pp. 113-130.
    Davidovic asks what gives the international community the authority to punish some crimes? On one prominent view some crimes (genome, torture) are so heinous that the international community, so long as its procedures are fair, is justified in prosecuting them. Another view contends that heinousness alone is not enough to justify international prosecution: what is needed is an account of why the international community, in particular, has standing to hold the perpetrators to account. Davidovic raises concerns about both of these (...)
     
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  50. Religion, sovereignty, natural rights, and the constituent elements of experience.Jordan B. Peterson - 2006 - Archive for the Psychology of Religion / Archiv für Religionspychologie 28 (1):135-180.
    It is commonly held that the idea of natural rights originated with the ancient Greeks, and was given full form by more modern philosophers such as John Locke, who believed that natural rights were apprehensible primarily to reason. The problem with this broad position is three-fold: first, it is predicated on the presumption that the idea of rights is modern, biologically speaking ; second, it makes it appear that reason and rights are integrally, even causally, linked; (...)
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