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Procedural rights for nature – a pathway to sustainable decarbonisation? [PDF]
Third World Quarterly, 2022 Resource conflicts and human-environment conflicts are active across the globe. As planetary, carbon-induced climate change necessitates new responses, the policies and practices of decarbonisation add new dimensions to existing conflicts. Using examples
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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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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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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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2022
Abstract This chapter is about the rights conferred by the law on copyright owners and the types of activity that amount to copyright infringement. It begins by considering the right to copy the work, in particular its distinct definition for different categories and types of work.
L. Bently +3 more
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Abstract This chapter is about the rights conferred by the law on copyright owners and the types of activity that amount to copyright infringement. It begins by considering the right to copy the work, in particular its distinct definition for different categories and types of work.
L. Bently +3 more
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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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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 the Right to Choose
2002Over the last thirty years the American political class has come to talk itself out of the doctrines of 'natural rights' that formed the main teaching of the American Founders and Abraham Lincoln. With that move, it has removed the ground for its own rights.
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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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