The Justification of Basic Rights
Citations
26 citations
Cites background from "The Justification of Basic Rights"
...In my understanding, it is a variation of the right to justification as a right to non-domination and as a right to be the co-author of every norm binding on you, a right that grounds all other rights one may have in a normative order, including rights to personal liberty (Forst 2016)....
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18 citations
Cites background from "The Justification of Basic Rights"
...30 Forst (2016, 24) explicitly rejects “a libertarian ‘presumption of liberty.’”...
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...“Imposing religious or antireligious views,” he writes, “violates the reciprocity of claims and of reasons, because to do so is to claim a privilege (using the force of law to generalize one’s own reasonably rejectable beliefs) and dominate others” (Forst 2016, 26)....
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...Martijn W. Hesselink208 Ratio Juris, Vol. 33, No. 2© (2020) John Wiley & Sons Ltd. the right to justification guided by the criteria of reciprocity and generality (Forst 2016, 12, 16)....
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...See Forst 2016, 10 (human rights “must be seen as justified horizontally between moral and political equals”) and Forst 2011, 62 (“Die Menschenrechte [...] haben eine horizontale Struktur”)....
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...…without any personal property, so too a person who has no chance of alienating any of her property or services lacks agency freedom.31 However, as Forst (2016, 27) underlines with regard to a basic right to personal property, any concrete form that such a right assumes must be reciprocally and…...
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18 citations