Contemporary Rights Theories

2018 ◽  
Author(s):  
Margaret Gilbert
Keyword(s):  
Choice Theory ◽  
Interest Theory ◽  
Constraint Theory ◽  
Rights Theories

The most influential theories of claims within contemporary rights theory are considered in relation to the demand-right problem. Starting with Hohfeld’s equivalence, contemporary theorists generally aim for an account of claims such that the members of a certain canonical set of claim-ascriptions are true. In pursuit of this aim they tend to focus on directed duties and to assume that these are in part constituted by plain duties. Reviewing the results obtained by adopting this aim and method, this chapter argues that in order to solve the demand-right problem we need to go beyond the resources of Thomson’s constraint theory, Joseph Raz’s “interest” theory, and similar views. The same goes for Hart’s “choice” theory and related positions, and several other approaches more briefly considered.

Children, Rights, and Powers

2019 ◽  
Vol 27 (2) ◽  
pp. 251-265
Author(s):  
Johannes Giesinger
Keyword(s):  
Moral Status ◽  
Choice Theory ◽  
Conceptual Issue ◽  
Interest Theory ◽  
Moral Position ◽  
The Status ◽  
Children Rights

A long-standing debate on the concept of rights sets the so-called choice theory in contrast to the interest theory. As has been noted in the literature, the debate is relevant for the question of whether children can be conceived as rights-holders at all. This essay reflects on the concept of rights as applied to children, motivated by the view that instead of settling the conceptual issue, we should directly discuss the moral status of children as possible rights-holders. In this way, two main insights are gained. First, it is pointed out that the moral position of children – if they have rights – is very different from the status of adult rights-holders. Second, it is made clear that regardless of whether children have rights, the focus on duties towards children, rather than a focus on their rights, provides us with a clearer picture of children’s moral status.

scholarly journals Preserving the ‘Essence’ of Fundamental Rights under Article 52(1) of the Charter: A Sisyphean Task?

2020 ◽  
Vol 16 (4) ◽  
pp. 647-668
Author(s):  
Orlando Scarcello
Keyword(s):  
Choice Theory ◽  
Case Law ◽  
Fundamental Rights ◽  
Interest Theory ◽  
Court Of Justice ◽  
Relative Theory ◽  
The Eu

Essence of fundamental rights – Article 52(1) of the Charter – Court of Justice of the EU – Methodology for determination of interference with essence – EU values – Proportionality – Balancing – Absolute and relative theory – Absolute rights – Interest theory of rights – Choice theory of rights – Hohfeld’s theory of rights – ‘Newtonian’ conception of rights – Case law on Article 52(1) of the Charter.

Rational Choice Theory and the 1990 Party Merger in South Korea

OUGHTOPIA ◽  
2020 ◽  
Vol 35 (2) ◽  
pp. 247-282
Author(s):  
In-Kyun Kim ◽  
Myeong-Geon Koh
Keyword(s):  
South Korea ◽  
Rational Choice ◽  
Rational Choice Theory ◽  
Choice Theory

POLITICS-LAW CONVERGENCE OR DIVERGENCE? 'SMALL' POLITICAL PARTIES, REALPOLITIKAND SOUTH AFRICA'S 20 YEARS OF DEMOCRACY

2015 ◽  
Vol 2 (1) ◽  
Author(s):  
Kealeboga J Maphunye
Keyword(s):  
Game Theory ◽  
Political Parties ◽  
Rational Choice ◽  
Significant Role ◽  
Rational Choice Theory ◽  
Choice Theory ◽  
Democratic Consolidation ◽  
Secondary Research ◽  
Extant Literature ◽  
African Charter

This article examines South Africa's 20-year democracy by contextualising the roles of the 'small' political parties that contested South Africa's 2014 elections. Through the  prism  of South  Africa's  Constitution,  electoral legislation  and the African Charter on Democracy, Elections and Governance, it examines these parties' roles in South Africa's democratisation; their influence,  if any, in parliament, and whether they play any role in South Africa's continental or international engagements. Based on a review of the extant literature, official documents,  legislation, media, secondary research, reports and the results of South Africa's elections, the article relies on game theory, rational choice theory and theories of democracy and democratic consolidation to examine 'small' political parties' roles in the country's political and legal systems. It concludes that the roles of 'small' parties in governance and democracy deserve greater recognition than is currently the case, but acknowledges the extreme difficulty experienced by the 'small'  parties in playing a significant role in democratic consolidation, given their formidable opponent in a one-party dominant system.

Nuclear Weapons, South Asia and Morality

Think India ◽  
2019 ◽  
Vol 22 (3) ◽  
pp. 535-546
Author(s):  
ABHISHEK CHOUDHARY
Keyword(s):  
South Asia ◽  
Nuclear Power ◽  
Rational Choice Theory ◽  
Choice Theory ◽  
Great Powers ◽  
Moral Perspective ◽  
The Us ◽  
Positive Duties ◽  
Nuclear Development ◽  
Asian Context

The paper analyses the concerns arising from a moral perspective in the context of a renewed arms race in South Asia. It challenges the idea that possession of nuclear power could in any way contribute to any sort of balance. The emulation of so-called great powers and expecting that balance would arrive as it did in the case of the US and the erstwhile-USSR during cold war is detrimental to the temporal and spatial uniqueness of South Asia. Deterrence, based on rational choice theory, does not apply to the South Asian context due to ambiguity owing to mutual mistrust especially in the case of India and Pakistan. Also, it no longer only sates that are sole actors in the international arena. One cannot expect the non-state actors to behave in a rational manner. Furthermore, the idea of ‘credible minimum deterrence’ itself is questionable as it is a flexible posture adjusted to relative prowess and ambiguity in policy further aggravates the situation. The paper argues from a consequentialist notion of ethics and argues that the principles of harm and equity ought be part of nuclear decision-making. Another aspect that the paper uncovers relates to the ‘reification’ of nuclear power. Using a neo-Marxist framework and concept of Lukács, the paper argues that it is no longer the state as a repository of power that decides the trajectory of nuclear development. Rather the nuclear technology has started to dictate the way states are looking at regional and international relations. This inverted relationship has been created due to neglect of any ethical toolkit. The paper thus proposes an ethical toolkit that focuses on the negative duties of not to harm and also the positive duties to create conditions that would avoid harm being done to people.

CYBERBULLYING PADA MEDIA SOSIAL: Menyoroti Perilaku Cyberbullying Menurut Perspektif Model Konseling Realitas

2020 ◽  
Author(s):  
Darimis Darimis Darimis
Keyword(s):  
Social Relationships ◽  
Choice Theory ◽  
Human Beings ◽  
Important Goal ◽  
Application Procedure ◽  
Negative Impacts ◽  
Use Of The Internet ◽  
The Individual ◽  
Counseling Model ◽  
Real Responsibility

Use of the Internet has changed the paradigm of human beings communicate with one another, especially on social media. Indonesia as one of the highest in the world Facebook users make significant consequences specifically for teenagers. The trend using Facebook by teenagers has created negative impacts that is the rise of cyberbullying.Cyberbullying can significantly influence the lives of teenagers and it can be a huge burden as it can happen for a long period of time. In cyberbullying, there are cyber bullies and cyber victims as individuals involved to make the message as a reference the behavior of cyberbullying. This paper attempts to looking at the perspective of the cyberbullying behavior by reality counseling model, because reality counseling as one of the models of counseling that focuses on behavior now unrealistic and dysfunctional.Reality counseling based on the choice theory, counselee make more effective choices about the development of relational satisfactory with others. The most important goal of therapy is to make people aware of the reality that the real responsibility for her behavior was himself. This counseling can helping the individual reality of cyberbullying offenders realize the consequences of his behavior, responsible, develop positive social relationships through the application procedure techniques WDEP and techniques reality Counseling.

Nowe podejście do harmonizacji technicznej w Unii Europejskiej a swoboda przepływu towarów

2016 ◽  
pp. 70-86
Author(s):  
Iwona Miedzińska
Keyword(s):  
European Union ◽  
Consumer Protection ◽  
Rational Choice Theory ◽  
Choice Theory ◽  
Single Market ◽  
The European Union ◽  
Primary Method ◽  
Effective Response ◽  
New Approach ◽  
Free Movement Of Goods

This article is about the new approach directives and their impact on ensuring the free movement of goods in the single market. The author analysed the relevant legislation of the European Union adopted in the field of technical harmonisation: regulations and directives. The primary method of research used in this article is the legal and institutional analysis. Neofunctionalism and rational choice theory were also helpful to explain the processes of integration in this area. The analysis shows that the new approach directives affect the streamlining of procedures for the movement of goods in the single market. However, despite the simplification of procedures for the movement of goods, an adequate level of safety and consumer protection is ensured. The member states and the European Commission have effective response mechanisms when a product endangers life, health or safety of consumers.

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