Showing papers on "Fundamental rights published in 1980"

A Discourse on Property: John Locke and his Adversaries

Abstract: Acknowledgments Part I. Philosophical Underpinnings: 1. The contribution of the Essay 2. The law of nature Part II. Natural Rights: 3. Inclusive natural rights 4. The background to chapter five of the Second Treatise 5. Exclusive rights 6. Property and obligation Part III. Conventional Rights: 7. Property in political society Notes Bibliography Index.

Natural Property Rights as Body Rights

Abstract: This paper presents a derivation of property rights from rights we have with respect to the use of our bodies. The first sections of the paper establish that if we have natural moral rights to move and use our bodies, then there are natural moral rights to property as well. It is also argued that there is no upper bound on the amount of property a person can have a natural right to by this derivation. The fourth section of the paper argues that the antecedent of the conditional is truethat we dohave a natural right to move and use our bodies. The last section of the paper discusses the relation of natural property rights to social institutions and practices. This paper embodies two simplifications:

Human Rights and U.S. Foreign Policy.

Abstract: Much of the text is repetitive, which almost creates the impression that each section was written separately. Toth evidently possesses a thorough knowledge of the present state of Community law. At the same time, however, these volumes leave the American reader with the unsatisfied feeling that comes from reading only the headnotes to a judicial opinion; much trust must be placed in the headnote writer and, similarly, in Toth himself. The difficulties of overgeneralization, repetition, and conclusory observations detract from the usefulness of an obviously well-researched book; one is left with the nagging suspicion that there might be less here than meets the eye, although the book does offer a wealth of material that could point the way to further exploration of the jurisprudence of the European Court of Justice.

A Physician's Perspective on a Right to Health Care

Abstract: POLITICAL scientists and philosophers have described elegantly the origin and evolution of rights language that has occurred in Western society during the past 200 years. 1,2 These analyses suggest that there are legal and moral rights, positive and negative rights, and absolute and conditional rights, and, furthermore, that there exists a subtle relationship between rights and obligations. Rights language is established as part of our political rhetoric when attempts are made to extend a variety of services to those whom one wishes to benefit. In medicine, we have witnessed an explosion in the use and misuse of the language of rights. Claims of rights in medicine abound and include a right to obtain treatment and a right to refuse treatment, a right to health care, a right to complete truth, a right to confidentiality, a right to die, a right to live, and even occasionally, an assertion of a right

Property Rights, Law, and John R. Commons

Abstract: (1980). Property Rights, Law, and John R. Commons. Review of Social Economy: Vol. 38, No. 1, pp. 41-53.

Human Rights and Foreign Policy: A Proposal

Abstract: The Soviets in Geneva [to negotiate SALT II] never even hinted at the Kremlin's resentment of the Carter human rights policy, and the Americans were equally careful not to echo their Government's criticism of Soviet human rights abuses. Unaware of this rule, a newcomer to the U.S. team brought up the dissidents in an informal t?te-?-t?te with his Russian opposite number. When he reported the exchange later in a 'memcon,' his superiors told him never again to mix business with displeasure. ? Time Magazine, May 21, 1979, a Special Report on the history of the negotiation of the SALT II treaty.

The Sui Generis Nature of the European Convention on Human Rights

Abstract: UNLIKE the 1948 Universal Declaration of Human Rights upon which it was founded, the European Convention represents more than a " common standard of achievement." It imposes upon the Contracting State Parties a certain body of legal principles which they are obliged to conform to. In specific cases compliance with this law is ensured by the use of the Convention's enforcement machinery. Although the Convention forms an integral part of the domestic law of many of the Contracting State Parties, it is immaterial whether or not under a national legal system the Convention's provisions are deemed to be of a greater validity vis-d-vis prior or subsequent domestic legislation, since the system of implementation falls entirely outside the province of domestic law.' The basic function of this machinery-once an issue is brought before the Strasbourg organs--consists primarily of examining and determining whether domestic law as it stands complies with the provisions of the Convention. Reliance upon the traditional international law concepts of "nationality " or "reciprocity" is also unnecessary. Thus, although constructed upon tenets of traditional treaty law, the Convention law transcends the traditional boundaries drawn between international and domestic law. In short, the Convention is sui generis. Dr. A. H. Robertson has attempted to explain this phenomenon in the following terms.2 The law of the Convention (like European Community law) is neither domestic nor international law, although it comprises of elements of both. It is not simply a law applied by the Commission and Court of Human Rights since, on the one hand, the Committee of Ministers of the Council of Europe also apply it, and, on the other hand, domestic tribunals also do so. Robertson then adds

Rights: An Exchange. I. Peace and Critical Political Knowledge as Human Rights:

Abstract: CHRISTIAN BA Y University of.Toronto and Baschwitz Insritute University of Amsterdam V HE LIBERAL-DEMOCRATIC and the Marxist-socialist traditions in political thought converge ina commitment to human liberty, or freedom, as the ultimate ideal. I shall assume in this article that to secure liberty, or freedom, for all human beings, is the only fundamentally legitimate final aim for politics; and I shall argue that, if properly defined and understood, to secure human rights for all is equivalent to securing freedom for all. Moreover, I shall make the case that “human rights” is a more productive abstraction than “freedom” for the purpose of guiding the development of priorities among proximate political aims and strategies, mainly because it is more feasible to construct an authoritative, universalistic hierarchy among human rights than among freedoms, or liberties. Also, human rights are more readily concretized in thejuridical sense of facilitating the construction of formal procedures to ensure their consistent enforcement.

Kofin Al Midat S'dom: Jewish Law's Concept of Abuse of Rights

Abstract: The Jewish legal system's concept of Kofin al midat S'dom (kofin, in this essay) is a rule of equity whose scope of application is almost without parallel in other legal systems. Strict translation of this phrase, which is "one is compelled not to act in the manner of Sodom" is not very helpful. The rule is interpreted to mean that if A has a legal right and the infringement of such right by B will cause no loss to A but will remove some harm from, or bring a benefit to B, then the infringement of A's right will be allowed. Such a concept at once brings to mind the modern view concerning abuse of rights. There is, in fact, much in common between the two principles but they are certainly not the same. According to one legal system a certain given fact situation can have the legal principle of abuse of rights applied to it, while in another legal system a different rule of law would be resorted to. To illustrate: In certain jurisdictions the right to privacy is based on the concept of abuse of rights, while in others, as is the case in Jewish law, such a right is independent of the equivalent abuse of rights-kofin. So with other rights such as the right to light or unfair trade competition. An attempt will be made in this essay to show the range and the limits of the kofin principle. We will discuss those problems which are dealt with within the framework of kofin even if their non-Jewish parallel is one which is far from the concept of abuse of rights. Conversely, we will not examine those questions which, in other legal systems, fall within the ambit of abuse of rights but are not looked upon, in Jewish law, as problems to which the rule of kofin is to be applied, since they have been solved by other legal rules.

Do we need a bill of rights

Abstract: THE title of this paper perhaps savours more of popular journalism than of the solemn measured language of jurisprudence. I hope nevertheless you will acquit me of choosing it solely on that account. There is in some quarters a rising tide of enthusiasm for a so-called Bill of Rights, and I have accordingly chosen this title as a means of submitting to you a few thoughts of my own. If these are found to be at all provocative this may at least serve to trigger off a stimulating discussion. At the same time I am aware of the ambiguities of this title and that some preliminary explanations are needed if I am to avoid appearing under its guise to advance views which I in no way wish to maintain. I will therefore begin by indicating in the first place certain lines of thought which I am not seeking to controvert, or which it is not my intention to raise or discuss at all in this article. In the first place, it will hardly surprise you to receive my assurance that I do not at all seek to oppose the idea of human rights recognised and protected by law. Secondly, I have no wish to contend that certain of such legally recognised and protected rights may not properly be treated as more fundamental or more significant than others and may thus be deserving of some special form of legal protection. Thirdly, it is not my intention in the present context, to stir up again the familiar controversy regarding natural rights: Whether these exist or not; how if they do they might be identified or defined; whether their place must be acknowledged in any legal system worthy of the name; these and similar intriguing issues are not those that I am now seeking to discuss. Lastly, I have no intention at this moment of embarking upon what is really a technical exploration of the question whether the United Kingdom may or may not be under a legal obligation to

The equal rights amendment: an empirical analysis of sexual discrimination

Abstract: “Equality Of Rights Under The Law Shall Not Be Denied Or Abridged By The United States Or By Any State On Account Of Sex”— Proposed Equal Rights Amendment

Retreat into the Future: the United States, South Africa, and Human Rights, 1976–1978

Abstract: When Henry Kissinger became Secretary of State in September 1973 he instructed all American embassy personnel to monitor human rights in the countries in which they were serving. President Jimmy Carter was not responsible for America's interest in human rights, only for the policy of affirmative action. When his Assistant Secretary for Human Rights commenced work she found only two members of the State Department permanently assigned to the task, and her sole guideline was the manual for setting up her office.

Human rights and Mexico's antidrug campaign.

Abstract: tensive antidrug campaign in history. Its results, both internally and externally, are most impressive even to the skeptic. The program, however, has not been without its critics. Mexicans and foreigners alike have criticized the effort as being halfhearted, poorly coordinated, riddled with corruption, underfinanced and abusive of basic human rights. Of all these charges, none is more controversial than those surrounding the abuse or denial of human rights by civilian and military personnel engaged in la campana permanente. They have arisen concomitant with the revitalization of human rights as a cornerstone of American foreign policy, allegations of human rights abuses against the Mexican government, and Mexican efforts to liberalize the domestic political process by broadening freedoms of speech and press, while granting amnesty to selected political prisoners. From a welter of human rights charges, four have been chosen for analysis: (1) the use of dangerous herbicides; (2) the failure or inability to protect those who attack drug-related corruption; (3) the abuse of fundamental rights during arrest, detention and imprisonment for narcotics violations; and (4) the disregard of campesino rights during drugrelated maneuvers in the countryside. Research on these accusations was conducted as an integral part of a broader analysis of U.S.-Mexican narcotics diplomacy. Personal interviews with Mexican officials intimately involved in the antidrug campaign proved invaluable. However, such is the sensitive nature of the subject that particular individuals refused to be interviewed, even under the strictest assurance of anonymity.

The National Woman's Party and the Origins of the Equal Rights Amendment, 1920–1923

Abstract: (1980). The National Woman’s Party and the Origins of the Equal Rights Amendment, 1920–1923. The Historian: Vol. 42, No. 4, pp. 557-582.