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Social Rights (social Contract Theory)
Social rights are rights arising from the social contract. For example, James Madison advocated that a right such as trial by jury arose neither from nature nor from a constitution of government, but from reified implications of the social contract In moral and political philosophy, the social contract is an idea, theory, or model that usually, although not always, concerns the legitimacy of the authority of the state over the individual. Conceptualized in the Age of Enlightenment, it .... Social rights are very similar to political rights, and it can be understood that they are effectively the same concepts being exercised in a less extreme way. Cécile Fabre argues that "it is legitimate to constrain democratic majorities, by way of the constitution, to respect and promote those fundamental rights of ours that protect the secure exercise of our autonomy and enable us to achieve well-being. Insofar as, by virtue of Ch. 1, social rights are such fundamental rights, it ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rights
Rights are law, legal, social, or ethics, ethical principles of freedom or Entitlement (fair division), entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical theory. Rights are an important concept in law and ethics, especially theories of justice and deontology. The history of social conflicts has often involved attempts to define and redefine rights. According to the ''Stanford Encyclopedia of Philosophy'', "rights structure the form of governments, the content of laws, and the shape of morality as it is currently perceived". Types of rights Natural versus legal * Natural rights are rights which are "natural" in the sense of "not artificial, not man-made", as in rights deriving from human nature or from the divine command theory, edicts of a god. They are universal; that is, they apply to all people, and do not derive from the laws of any specific soci ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Social Contract
In moral and political philosophy, the social contract is an idea, theory, or model that usually, although not always, concerns the legitimacy of the authority of the state over the individual. Conceptualized in the Age of Enlightenment, it is a core concept of constitutionalism, while not necessarily convened and written down in a constituent assembly and constitution. Social contract arguments typically are that individuals have consented, either explicitly or tacitly, to surrender some of their freedoms and submit to the authority (of the ruler, or to the decision of a majority) in exchange for protection of their remaining rights or maintenance of the social order. The relation between natural and legal rights is often a topic of social contract theory. The term takes its name from '' The Social Contract'' (French: ''Du contrat social ou Principes du droit politique''), a 1762 book by Jean-Jacques Rousseau that discussed this concept. Although the antecedents of soci ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
James Madison
James Madison (June 28, 1836) was an American statesman, diplomat, and Founding Fathers of the United States, Founding Father who served as the fourth president of the United States from 1809 to 1817. Madison was popularly acclaimed as the "James Madison as Father of the Constitution, Father of the Constitution" for his pivotal role in drafting and promoting the Constitution of the United States and the United States Bill of Rights, Bill of Rights. Madison was born into a prominent slave-owning Planter class, planter family in Virginia. In 1774, strongly opposed to British taxation, Madison joined with the Patriot (American Revolution), Patriots. He was a member of the Virginia House of Delegates and the Continental Congress during and after the American Revolutionary War. Dissatisfied with the weak national government established by the Articles of Confederation, he helped organize the Constitutional Convention (United States), Constitutional Convention, which produced a n ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trial By Jury
A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial, in which a judge or panel of judges makes all decisions. Jury trials are increasingly used in a significant share of serious criminal cases in many common law judicial systems, but not all. Juries or lay judges have also been incorporated into the legal systems of many civil law countries for criminal cases. The use of jury trials, which evolved within common law systems rather than civil law systems, has had a profound impact on the nature of American civil procedure and criminal procedure rules, even if a bench trial is actually contemplated in a particular case. In general, the availability of a jury trial if properly demanded has given rise to a system in which fact finding is concentrated in a single trial rather than multiple hearings, and appellate review of trial court decisions is greatly limited. Jury trials are of fa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a ''written constitution''; if they are encompassed in a single comprehensive document, it is said to embody a ''codified constitution''. The Constitution of the United Kingdom is a notable example of an ''uncodified constitution''; it is instead written in numerous fundamental acts of a legislature, court cases, and treaties. Constitutions concern different levels of organizations, from sovereign countries to companies and unincorporated associations. A treaty that establishes an international organization is also its constitution, in that it would define how that organization is constituted. Within states, a constitution ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Concretization
In philosophy and the arts, a fundamental distinction exists between abstract and concrete entities. While there is no universally accepted definition, common examples illustrate the difference: numbers, sets, and ideas are typically classified as abstract objects, whereas plants, dogs, and planets are considered concrete objects. Philosophers have proposed several criteria to define this distinction: # ''Spatiotemporal existence'' – Abstract objects exist outside space-time, while concrete objects exist within space-time. # ''Causal influence'' – Concrete objects can cause and be affected by other entities (e.g., a rock breaking a window), whereas abstract objects (e.g., the number 2) lack causal powers and do not cause anything to happen in the physical world. # ''Metaphysical relation'' – In metaphysics, concrete objects are specific, individual things (particulars), while abstract objects represent general concepts or categories (universals). # ''Ontological domain'' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cécile Fabre
Cécile Fabre (born 1971) is a French philosopher, serving as professor of philosophy at the University of Oxford. Since 2014 she has been a senior research fellow at All Souls College, Oxford. Her research focuses on political philosophy, the ethics of war, bioethics, and theories of justice. Early life Fabre was born on 2 February 1971 in Paris, France. From 1989 to 1992, she studied at Paris-Sorbonne University. She graduated with a Bachelor of Arts (BA) degree in 1992. She then moved to England to study political philosophy at the University of York and completed a Master of Arts (MA) degree in 1993. From 1993, she undertook postgraduate study in politics at the University of Oxford. Her supervisor was G. A. Cohen and she completed her Doctor of Philosophy (DPhil) degree in 1997. Career and honours Fabre served as Proctor of the University of Oxford from March 2018 to March 2019. She was elected a Fellow of the British Academy (FBA) in 2011. In 2023 she was elected ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Rights And Liberties
Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and political life of society and the state. Civil rights generally include ensuring peoples' physical and mental integrity, life, and safety, protection from discrimination, the right to privacy, the freedom of thought, speech, religion, press, assembly, and movement. Political rights include natural justice (procedural fairness) in law, such as the rights of the accused, including the right to a fair trial; due process; the right to seek redress or a legal remedy; and rights of participation in civil society and politics such as freedom of association, the right to assemble, the right to petition, the right of self-defense, and the right to vote. These rights also must follow the legal norm as in they must have the force of law and fit into the system of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Social Concepts
Social organisms, including human(s), live collectively in interacting populations. This interaction is considered social whether they are aware of it or not, and whether the exchange is voluntary or not. Etymology The word "social" derives from the Latin word ''socii'' ("allies"). It is particularly derived from the Italian ''Socii'' states, historical allies of the Roman Republic (although they rebelled against Rome in the Social War (91–87 BC), Social War of 91–87 BC). Social theorists In the view of Karl Marx,Morrison, Ken. ''Marx, Durkheim, Weber. Formations of modern social thought'' human beings are intrinsically, necessarily and by definition social beings who, beyond being "gregarious creatures", cannot survive and meet their needs other than through social co-operation and association. Their social characteristics are therefore to a large extent an objectively given fact, stamped on them from birth and affirmed by socialization processes; and, according to Marx, in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
