Economic Exceptionalism? Justice and the Liberal Conception of Rights

2020 ◽  
Vol 7 (1) ◽  
pp. 151-167
Author(s):  
Hanno Sauer
Keyword(s):  
Property Rights ◽  
Political Rights ◽  
Classical Liberalism ◽  
Economic Rights ◽  
Special Version ◽  
Liberal Conception ◽  
The Relationship

AbstractAre political and economic rights equally basic? This is one of the main issues liberal egalitarians and classical liberals disagree about. The former think political rights should be more strongly protected than economic ones; classical liberals thus accuse them of an unjustified and politically biased ‘economic exceptionalism’. Recently, John Tomasi has developed a special version of this challenge, which is targeted against Murphy and Nagel’s account of the relationship between property rights and just taxation. In this paper, I analyze this challenge, and provide an account of its limitations. Tomasi’s strategy to drive Murphy and Nagel’s account into an overgeneralization problem brings to light that liberals weren’t guilty of any kind of economic exceptionalism in the first place. However, this also shows that classical liberalism and libertarians do not disagree as much as it might seem.

scholarly journals THE RIGHT OF AUTHORSHIP ON A WORK

2014 ◽  
Vol 8 (1) ◽  
pp. 155-160
Author(s):  
Ciprian Raul Romiţan
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Moral Rights ◽  
Economic Rights ◽  
Natural Connection ◽  
Artistic Work ◽  
The Law ◽  
The Right ◽  
The Relationship

The moral rights represent the legal expression of the relationship between the workand its creator; they precede, survive and exert a permanent influence on the economic rights.Moral rights are independent of economic rights, the author of a work preserving these rightseven after the transfer of its property rights.The right to claim recognition as the author of the work, called in the doctrine as the"right of paternity of the work" is enshrined in art. 10 lit. b) of the law and it is based on theneed to respect the natural connection between the author and his work. The right toauthorship is the most important prerogative that constitutes intellectual property rights ingeneral and consists of recognizing the true author of a scientific, literary or artistic work.

Social and Economic Rights in the Caribbean

2020 ◽  
pp. 454-481
Author(s):  
Westmin R. A. James
Keyword(s):  
International Law ◽  
Political Rights ◽  
Economic Rights ◽  
Constitutional Protection ◽  
The Caribbean ◽  
Civil And Political Rights ◽  
Commonwealth Caribbean ◽  
Economic Landscape ◽  
The Individual ◽  
The Relationship

This chapter examines socio-economic rights within the Commonwealth Caribbean by addressing a number of substantive issues- covering the range of doctrinal and socio-legal areas of inquiry. Firstly, the chapter addresses what is the substance of constitutional protection of socio-economic rights within the Commonwealth Caribbean by addressing the individual rights which receive constitutional protection throughout the region and the judicial interpretation afforded to these rights within Commonwealth Caribbean jurisprudence. This chapter will also look at the relationship between international law and domestic law in the enforceability and enforcement of socio-economic rights. The inter-relationship between international law and the protection or lack thereof of socio-economic rights within Commonwealth Caribbean legal and political thought is critically important in the absence of justiciable rights within the core of the Constitution. The chapter will then address the relationship between civil and political rights and socio-economic rights within the Caribbean constitutional milieu. The chapter will examine the approaches to civil and political, and the creative judicial approaches which have emerged regarding the indivisibility of socio-economic and civil and political rights and notions of implied enforceability will be examined. Finally, it will consider what are the judicial approaches which have emerged in Commonwealth Caribbean Constitutional interpretation; and what are the possibilities for the future. The chapter also examines the judicial approaches which have been gleaned from Caribbean Jurisprudence and the limitations such approaches may beget within the context of economic austerity and slow growth which has marked the Caribbean’s economic landscape.

Conclusion

2018 ◽  
pp. 457-466
Author(s):  
Sandra Fredman
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
Political Rights ◽  
Human Rights Law ◽  
Judicial Interpretation ◽  
Analytic Framework ◽  
Economic Rights ◽  
The Relationship ◽  
Fundamental Values

The first part of this book sets out the themes which form the analytic framework for subsequent chapters: the role of comparative materials; the meaning of human rights; the relationship between civil and political rights and socio-economic rights; the role of adjudication; and approaches to judicial interpretation. Subsequent chapters apply these themes to some of the most challenging issues in comparative human rights law. The coverage is not intended to be complete, but aims to bring comparative human rights to life, asking similar questions across several jurisdictions and a range of human rights topics. Judges faced with acutely difficult questions must refer to their textual mandate, the fundamental values informing the text, their own interpretive philosophy, and their perception of their role relative to the legislature. But increasingly, their decision-making can be enriched by considering, in a deliberative sense, how judges in other jurisdictions have faced these questions.

QUO VADIS HUKUM ISLAM (ANTARA IDEALITAS DAN REALITAS INDONESIA)

2020 ◽  
Vol 8 (2) ◽  
pp. 97-108
Author(s):  
Dinda Izzati
Keyword(s):  
Political Rights ◽  
Right To Life ◽  
Economic Rights ◽  
Christian Communities ◽  
Basic Assumptions ◽  
Eastern Indonesia ◽  
The Republic ◽  
Quo Vadis ◽  
The Right

Evidently, a few months after the Jakarta Charter was signed, Christian circles from Eastern Indonesia submitted an ultimatum, if the seven words in the Jakarta Charter were still included in the Preamble to the 1945 Constitution, then the consequence was that they would not want to join the Republic of Indonesia. The main reason put forward by Pastor Octavian was that Indonesia was seen from its georaphical interests and structure, Western Indonesia was known as the base of Islamic camouflage, while eastern Indonesia was the basis for Christian communities. Oktavianus added that Christians as an integral part of this nation need to realize that they also have the right to life, religious rights, political rights, economic rights, the same rights to the nation and state as other citizens, who in fact are mostly Muslims. This paper aims to determine and understand the extent to which the basic assumptions of the Indonesian people view the role of Islam as presented in an exclusive format.

The Oxford History of Protestant Dissenting Traditions, Volume II

2018 ◽  
Keyword(s):  
Eighteenth Century ◽  
Church And State ◽  
Political Rights ◽  
Protestant Christianity ◽  
History Of ◽  
Degree Of Acceptance ◽  
Missionary Societies ◽  
Long Eighteenth Century ◽  
British State ◽  
The Relationship

This volume charts the development of protestant Dissent between the passing of the Toleration Act (1689) and the repealing of the Test and Corporation Acts (1828). The long eighteenth century was a period in which Dissenters slowly moved from a position of being a persecuted minority to achieving a degree of acceptance and, eventually, full political rights. The first part of the volume considers the history of various Dissenting traditions inside England. There are separate chapters devoted to Presbyterians, Congregationalists, Baptists, and Quakers—the denominations that traced their history before this period—and also to Methodists, who emerged as one of the denominations of ‘New Dissent’ during the eighteenth century. The second part explores the ways in which these traditions developed outside England. It considers the complexities of being a Dissenter in Wales and Ireland, where the state church was Episcopalian, as well as in Scotland, where it was Presbyterian. It also looks at the development of Dissent across the Atlantic, where the relationship between Church and state was rather more loose. The third part is devoted to revivalist movements and their impact, with a particular emphasis on the importance of missionary societies for spreading protestant Christianity from the late eighteenth century onwards. The fourth part looks at Dissenters’ relationship to the British state and their involvement in campaigns to abolish the slave trade. The final part discusses how Dissenters lived: the theology they developed and their attitudes towards Scripture; the importance of both sermons and singing; their involvement in education and print culture; and the ways in which they expressed their faith materially through their buildings.

Refutation of neoliberal educational policies based on Millian principles

2021 ◽  
pp. 147821032110313
Author(s):  
Jaakko Honkanen ◽  
Rauno Huttunen
Keyword(s):  
Education Policy ◽  
John Stuart Mill ◽  
Educational Policies ◽  
Classical Liberalism ◽  
Classical Liberal ◽  
Future Analysis ◽  
Relationship Of ◽  
The Relationship

This article attempts to start an in-depth consideration and analysis of modern neoliberal education policy through its philosophical roots. To achieve this, the article considers the ideology and philosophy of the classical liberal philosopher John Stuart Mill and the relationship of his philosophy with the modern-day neoliberalist education policy. The purpose of the article is to discuss the philosophical groundwork that drives Mill’s ideas on the establishment of education and compares it to the philosophical groundwork and implications present in modern neoliberal education policy, and through this begin to assert what neoliberalist education policy is. The paper asserts that while Mill’s version of classical liberalism holds similar views and forms of occurrence with modern neoliberalist policies, in many cases Mill’s philosophical groundwork seems to disagree fundamentally with that of neoliberalism. The study is based on literature detailing both the philosophical as well as polity aspects of both Mill’s ideas and modern neoliberalism from the viewpoint of education, and it presents considerations for the nature of neoliberal education policy and its future analysis.

scholarly journals IPR Law Protection and Enforcement and the Effect on Horizontal Productivity Spillovers from Inward FDI to Domestic Firms: A Meta-analysis

2021 ◽  
Author(s):  
Danai Christopoulou ◽  
Nikolaos Papageorgiadis ◽  
Chengang Wang ◽  
Georgios Magkonis
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Meta Analysis ◽  
Host Countries ◽  
Productivity Spillovers ◽  
Domestic Firms ◽  
The Relationship ◽  
Positive Effect

AbstractWe study the role of the strength of Intellectual Property Rights (IPR) law protection and enforcement in influencing horizontal productivity spillovers from inward FDI to domestic firms in host countries. While most WTO countries adopted strong IPR legislation due to exogenous pressure resulting from the signing of the Trade-Related Aspects of IPR (TRIPS) agreement, public IPR enforcement strength continues to vary significantly between countries. We meta-analyse 49 studies and find that public IPR enforcement strength has a direct positive effect on horizontal productivity spillovers from inward FDI to domestic firms and a negative moderating effect on the relationship between IPR law protection strength and horizontal productivity spillovers from inward FDI to domestic firms.

Differentiation of the Legal Regulation of the Pledge Depending on from the Object

2021 ◽  
Vol 6 ◽  
pp. 39-44
Author(s):  
I. G. Zhabinsky ◽  
Keyword(s):  
Civil Rights ◽  
Property Rights ◽  
Legal Regulation ◽  
Ongoing Debate ◽  
Intellectual Activity ◽  
Common Features ◽  
The Relationship ◽  
Legal Entities ◽  
Individual Objects

The article raises the question of differentiating the legal regulation of legal relations arising from a pledge, depending on the object of the pledge. Of course, the pledge as a way of securing the fulfillment of obligations is characterized by common features and general approaches to regulation, regardless of the object, at the same time, the features of individual objects require the specification of the relevant rules. The ongoing debate in science regarding the ratio of objects of civil rights, as well as the lack of unity on the issue of the ratio of individual objects, gives rise to a discussion regarding certain types of collateral, classified depending on the object. The author pays special attention to the pledge of property rights and proposes an approach on the relationship between certain types of property rights, in particular, rights of obligation, rights of participants in legal entities and exclusive rights to the results of intellectual activity.

The Universal Declaration of Human Rights at Seventy: Progress and Challenges

2018 ◽  
Vol 32 (4) ◽  
pp. 395-406 ◽  
Author(s):  
Ş. İlgü Özler
Keyword(s):  
Human Rights ◽  
Vital Role ◽  
Universal Declaration ◽  
Good Time ◽  
Political Rights ◽  
Economic Rights ◽  
Accountability Measures ◽  
Current State ◽  
Un General Assembly ◽  
State Of Affairs

AbstractNow is a good time to take stock of the global progress made toward achieving the ideals enshrined in the Universal Declaration of Human Rights (UDHR), which was passed by the UN General Assembly seventy years ago. Though the UDHR has played a vital role in advancing human rights globally, threats to human rights areever present. Two issues in particular stand out as barriers to further progress. The first is state sovereignty, which presents a fundamental challenge to any effort to establish universal norms. Without strong global institutional mechanisms to ensure implementation, UDHR's impact remains limited. The second major concern is the “siloing” of human rights efforts, whereby civil and political rights have been given primacy over social and economic rights. Emphasis on some principles to the exclusion of others undermines the comprehensive advancement of human rights. The current state of affairs is a product of the collective failure to address human rights holistically and to implement real monitoring and accountability measures for states, which are directly charged with upholding them within their borders.

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