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2001
Abstract The closely related principles of ‘due process’ and ‘the rule of law’ are fundamental to the protection of human rights. Such rights can only be protected and enforced if the citizen has recourse to courts and tribunals which are independent of the state and which resolve disputes in accordance with fair procedures.
Richard Clayton, Hugh Tomlinson
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Abstract The closely related principles of ‘due process’ and ‘the rule of law’ are fundamental to the protection of human rights. Such rights can only be protected and enforced if the citizen has recourse to courts and tribunals which are independent of the state and which resolve disputes in accordance with fair procedures.
Richard Clayton, Hugh Tomlinson
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The Rights of Nature as Politics
2021The rights of nature have so far had two different histories: a theoretical one, grounded in Christopher Stone’s pioneering work, and a practical one, beginning in earnest with Ecuador’s 2008 constitution. Though these two strands of rights of nature have been in dialogue with each other, recently practice has outrun theory.
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Rights of Nature, Rights of Animals
SSRN Electronic Journal, 2020In this essay, I show how developments and achievements in the field of environmental rights and specifically rights of nature can be instructive, intellectually and practically, to the cause of animal protection and animal rights. That instruction includes not only positive examples but also notes of caution, where animal law may face different and ...
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Critical Review, 2004
Abstract Non‐consequetitialist libertarianism usually revolves around the claim that there are only “negative,” not “positive,” rights. Libertarian negative‐rights theories are so patently problematic, though, that it seems that there is a more fundamental notion at work. Some libertarians think this basic idea is freedom or liberty; others, that it is
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Abstract Non‐consequetitialist libertarianism usually revolves around the claim that there are only “negative,” not “positive,” rights. Libertarian negative‐rights theories are so patently problematic, though, that it seems that there is a more fundamental notion at work. Some libertarians think this basic idea is freedom or liberty; others, that it is
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Producing juridical knowledge: “Rights of Nature” or the naturalization of rights?
Environment and Planning E: Nature and Space, 2018Rights of Nature, the idea of extending legal personhood to nature, is today’s most prominent alternative to mainstream environmental governance. Proponents describe Rights of Nature as a grassroots movement of diverse actors opposing commodification of life and anthropocentric dualism of western thought.
Ariel Rawson, Becky Mansfield
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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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