Skip to results
1-20 of 207
Keywords: natural rights
Sort by
Journal Article
Rights, Duties and the Common Good: How the Finnis-Fortin Debate Helps Us Think More Clearly About Abortion Today
Get access
Erika Bachiochi
The American Journal of Jurisprudence, Volume 67, Issue 2, December 2022, Pages 143–171, https://doi.org/10.1093/ajj/auac013
Published: 26 October 2022
... of the Oxford University Press, Standard Journals Publication Model ( https://dbpia.nl.go.kr/pages/standard-publication-reuse-rights ) Abstract Forty years ago, Fr. Ernest Fortin reviewed Natural Law and Natural Rights for the Review of Politics. In 2015, John Finnis published a lengthy...
Journal Article
As Good As ‘Enough and As Good’
Get access
Bas van der Vossen
The Philosophical Quarterly, Volume 71, Issue 1, January 2021, Pages 183–203, https://doi.org/10.1093/pq/pqaa025
Published: 16 May 2020
.... That can obtain if literally enough and as good is left in common. But it can also obtain in other ways, for example through competitive labour markets. The latter offer something as good as ‘enough and as good’. Lockean proviso original appropriation property rights John Locke natural rights...
Journal Article
Grounding Human Rights in Natural Law
Get access
John Finnis
The American Journal of Jurisprudence, Volume 60, Issue 2, December 2015, Pages 199–225, https://doi.org/10.1093/ajj/auv013
Published: 14 November 2015
...John Finnis Abstract Of the published reviews of Natural Law and Natural Rights, one of the most, and most enduringly, influential was Ernest Fortin’s review-article “The New Rights Theory and the Natural Law” (1982). The present essay takes the occasion of that review’s latest...
Journal Article
Embryonic Stem Cells and Property Rights
Get access
Anna-Karin M. Andersson
The Journal of Medicine and Philosophy: A Forum for Bioethics and Philosophy of Medicine, Volume 36, Issue 3, June 2011, Pages 221–242, https://doi.org/10.1093/jmp/jhr013
Published: 19 May 2011
... for previous and current US federal law regulating human embryonic stem cell research. commodification complicity human embryonic stem cell research natural rights property The objective of this article is to contribute to the current debate on human embryonic...
Chapter
“Playing the Piano that does not yet have Strings”? The Cultural-Political Programs of the “National Revivals”
Get access
Balázs Trencsényi and others
Published: 01 February 2016
... Enlightenment reformism with a Romantic emphasis on the peculiar national tradition and the cult of heroic sacrifice. Besides extolling historical rights, the Romantic political discourse also invoked natural rights, both individual and collective. The creation of an authentic national culture...
Chapter
Introduction
Get access
Richard Tuck
Published: 06 September 2001
... rights — and the humanist political theories of the previous century. The study in this book has Thomas Hobbes as its central character. It was Hobbes above all who made clear the relationship between humanism and natural rights, and who demonstrated the link between the older jurisprudence of war...
Chapter
Published: 01 December 2015
... with that improbable story, and express the hope I have said enough to encourage others to study this complex and fascinating area of law. Yes and no. The natural rights theory, which underpins riparianism, provides that no one person owns the actual substance of water which is flowing. Nevertheless riparian rights...
Chapter
Lincoln on Black Citizenship
Get access
Joseph R. Fornieri
Published: 01 August 2013
... Dred Scott and black citizenship Hamilton Alexander on citizenship privileges and immunities Jefferson Thomas Lincoln praises slavery and citizenship Douglass Frederick and civil rights Dred Scott citizenship natural rights equality prudence Statesmanship Lincoln politics And now I appeal...
Chapter
The Politics of the Impossible
Get access
Bradley J. Birzer
Published: 19 October 2015
...This chapter considers Kirk’s ideas on natural law, natural rights, justice, and Western and American civilization and looks at his friendship with Arizona senator and 1964 Republican president candidate Barry Goldwater. It describes how Kirk became the leading theorist behind the Goldwater...
Chapter
Reflections on Civil Disobedience
Get access
Edward H. Madden
Published: 01 May 2015
... disobedience violence noviolence Higher Law doctrine natural rights human rights Abe Fortas dissent The concept of civil disobedience is extremely rich and diverse, not at all precise and specific—the way it is with most words outside of a formal system. Yet much can be done to analyze and clarify...
Chapter
The Founders’ Second Agreement: Social Compact Theory, Freedom of Worship, and Religious Liberty as an Inalienable Right
Get access
Vincent Phillip Muñoz
Published: 30 August 2022
... for Religious Liberty. Chapter 2 explains what the Founders meant when they declared religious freedom to be an “unalienable” natural right. Re-familiarizing ourselves with the Founders’ social compact political philosophy allows us to grasp, first, that the Founders understood the freedom of worship...
Chapter
Should We Adopt the Natural Rights Constructions?
Get access
Vincent Phillip Muñoz
Published: 30 August 2022
...The conclusion poses and addresses the question: Should we adopt these novel natural rights constructions of the Religion Clauses? The author argues that strengths of the natural rights approach include coherence with the First Amendment’s text and the enforcement of natural rights limitations...
Book
Religious Liberty and the American Founding: Natural Rights and the Original Meanings of the First Amendment Religion Clauses
Get access
Vincent Phillip Muñoz
Published online: 19 January 2023
Published in print: 30 August 2022
...Religious Liberty and the American Founding: Natural Rights and the Original Meanings of the First Amendment Religion Clauses sets forth a new interpretation of the Founders’ understanding of religious liberty and, correspondingly, challenges the dominant originalist church-state jurisprudential...
Chapter
John of Salisbury on Natural Law, Natural Rights, and Liberty: A Skeptical Alternative
Get access
Cary J Nederman
Published: 17 February 2025
...0 17 02 2025 One of the most striking developments in the study of medieval political and legal philosophy has been the recognition that the idea of individual natural rights has a pedigree that can be traced back to the work of the twelfth-century canonists. Scholars now maintain...
Chapter
Conclusion
Get access
Michael P Fitzsimmons
Published: 24 February 2025
.... Moreover, at a time when the United States Constitution accepted and institutionalized slavery, making it a weapon of control, the Constitution of 1791 conferred civil and natural rights on all citizens, making it an instrument of liberation and rights. In addition to endowing citizens with civil...
Chapter
Concepts in the Language of Politics
Get access
Axel Körner
Published: 13 June 2017
...This chapter examines references to the United States of America in the Risorgimento's political language by focusing on concepts such as constitutional government, political representation, and federalism. It first considers the question of natural rights in a constitutional government before...
Chapter
Constitutional Common Law
Get access
Larry Yackle
Published: 01 October 2007
... should elaborate the content of substantive rights. In particular, the chapter shows that rational instrumentalism has a history, not that it has a history of any particular length. Individual freedom depends on the laws that human beings create for themselves. It also appears that natural rights had...
Chapter
Jean-Jacques Rousseau, John Stuart Mill, and Thomas Hill Green on Natural Rights
Get access
Beth J. Singer
Published: 01 February 1999
...This chapter discusses three modern philosophers whose views run counter to the established tradition of “natural rights”: Jean-Jacques Rousseau, John Stuart Mill, and Thomas Hill Green. While they all reject the concept of “natural rights” in the classical sense, Rousseau, Mill, and Green have...
Book
Pragmatism, Rights, and Democracy
Get access
Beth J. Singer
Published online: 23 May 2019
Published in print: 01 February 1999
... if their claim is acknowledged, and if they would acknowledge similar claims by others. This account contrasts with theories of natural rights, which state that humans have rights by virtue of being human. It also differs from Kantian attempts to derive rights from the necessary conditions of rationality. While...
Chapter
‘The Press Ought to be Open to All’ From the Liberty of Conscience to the Liberty of the Press
Get access
Eckhart Hellmuth
Published: 01 January 2016
... of the press from the camp of High Church orthodoxy. It also considers how a number of writers, both supporters and opponents of the 'liberty of the press', linked the issue of press freedom to liberty of conscience and increasingly employed an idiom of natural rights in doing so. Champion Justin civil...
Advertisement
Advertisement