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Formal And Effective Rights
Formal and effective rights refers to the distinction between the theoretical rights of legalism and the measurable rights within implemented policies. It is argued that the gap between the two concepts stems from the difficulties in realising the theoretical concepts into manageable effective rights. Also, while there is a greater consensus regarding the formal rights, due partly on diplomacy motives, the actual implementation process is much more complex. See also * Claim rights and liberty rights * Human rights Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hu ... References {{reflist Human rights concepts ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rights
Rights are legal, social, or ethical principles of freedom or 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 of essential importance in such disciplines as law and ethics, especially theories of justice and deontology. Rights are fundamental to any civilization and the history of social conflicts is often bound up with attempts both to define and to redefine them. 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". Definitional issues One way to get an idea of the multiple understandings and senses of the term is to consider different ways it is used. Many diverse things are claimed as rights: There are likewise diverse possible ways to categorize rights, such as: There has been considerable de ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legalism (Western Philosophy)
Legalism, in the Western sense, is the ethical attitude that holds moral conduct as a matter of rule following. It is an approach to the analysis of legal questions characterized by abstract logical reasoning focusing on the applicable legal text, such as a constitution, legislation, or case law, rather than on the social, economic, or political context. Legalism has occurred both in civil and common law traditions. It underlines both natural law and legal positivism. In its narrower versions, legalism may endorse the notion that the pre-existing body of authoritative legal materials already contains a uniquely pre-determined right answer to any legal problem that may arise. Legalism typically also claims that the task of the judge is to ascertain the answer to a legal question by an essentially mechanical process. See also * Interpretivism (legal) * Legal positivism * Natural law Natural law ( la, ius naturale, ''lex naturalis'') is a system of law based on a close observat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Policies
Policy is a deliberate system of guidelines to guide decisions and achieve rational outcomes. A policy is a statement of intent and is implemented as a procedure or protocol. Policies are generally adopted by a governance body within an organization. Policies can assist in both ''subjective'' and ''objective'' decision making. Policies used in subjective decision-making usually assist senior management with decisions that must be based on the relative merits of a number of factors, and as a result, are often hard to test objectively, e.g. work–life balance policy... Moreover, Governments and other institutions have policies in the form of laws, regulations, procedures, administrative actions, incentives and voluntary practices. Frequently, resource allocations mirror policy decisions. Policy is a blueprint of the organizational activities which are repetitive/routine in nature. In contrast, policies to assist in objective decision-making are usually operational in nature ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Claim Rights And Liberty Rights
Some philosophy, philosophers and political science, political scientists make a distinction between claim rights and liberty rights. A ''claim right'' is a rights, right which entails responsibilities, duties, or obligations on other parties regarding the right-holder. In contrast, a ''liberty right'' is a right which does not entail obligations on other parties, but rather only freedom or permission for the right-holder. The distinction between these two senses of "rights" originates in American jurist Wesley Newcomb Hohfeld's analysis thereof in his seminal work ''Fundamental Legal Conceptions, As Applied in Judicial Reasoning and Other Legal Essays'' (1919). Liberty rights and claim rights are the inverse of one another: a person has a liberty right permitting him to do something only if there is no other person who has a claim right forbidding him from doing so; and likewise, if a person has a claim right against someone else, that other person's liberty is thus limited. This ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Human Rights
Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of human behaviour and are regularly protected in municipal and international law. They are commonly understood as inalienable,The United Nations, Office of the High Commissioner of Human RightsWhat are human rights? Retrieved 14 August 2014 fundamental rights "to which a person is inherently entitled simply because she or he is a human being" and which are "inherent in all human beings",Burns H. Weston, 20 March 2014, Encyclopædia Britannicahuman rights Retrieved 14 August 2014. regardless of their age, ethnic origin, location, language, religion, ethnicity, or any other status. They are applicable everywhere and at every time in the sense of being universal, and they are egalitarian in the sense of being the same for everyone. They are r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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