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Natural Rights, Legal Rights, Human Rights
2023Abstract Chapter VI begins with an analysis of right informed by Hohfeld’s schema, and briefly discusses the will and interest theories of right; it then criticizes Finnis for relying on human rights—i.e. positive law—rather than natural rights at a key part of his analysis; it then discusses natural right, human right, and legal right ...
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MONTESQUIEU'S NATURAL RIGHTS CONSTITUTIONALISM
Social Philosophy and Policy, 2012AbstractWhen Woodrow Wilson, in the course of his campaign for the Presidency in 1912, attacked Thomas Jefferson and Charles-Louis de Secondat, baron de La Brède et de Montesquieu, he knew what he was about—for the constitutionalism articulated by the latter and embraced, in turn, by the Framers of the American Constitution was a systematic attempt to ...
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Human Rights as Natural Rights
Human Rights Quarterly, 19821. There are subtle differences in emphasis, however, between each of the major formulations, human rights, natural rights and the rights of man, and each has advantages and disadvantages. Natural rights stresses a grounding in human nature. It also refers to a tradition of thought which includes Locke, Paine, and Jefferson among its most prominent ...
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InSURgência: revista de direitos e movimentos sociais [InSURgence: rights and social movements journal], 2023
Isaguirre-Torres, Katya Regina +1 more
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Isaguirre-Torres, Katya Regina +1 more
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Human Rights and Nature’s Rightness
1998There is something rather incongruous about the idea of inalienable human rights coming to the fore in the late 20th century. Sociologically, it is quite understandable: this is the age of the me-generation, and the weak, as Nietzsche saw, ever claim in the name of “justice” what they cannot seize by force.
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Natural Rights and Human Rights
1994While the idea of moral rights can be extended beyond the human race, historically it is the moral rights possessed by human beings that have preoccupied philosophers. Of those rights, the most celebrated and significant, particularly for political philosophers, have been natural rights and human rights.
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