Rights

Edited by Tom Dougherty (University of North Carolina, Chapel Hill)
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Subcategories
Legal Rights (174)
Rights, Misc (264)
History/traditions: Rights

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  1. Social egg freezing and reproductive rights justification: A perspective from China.Zhaochen Wang, Yuzhi Fan & Wenchen Shao - 2024 - Bioethics 38 (4):326-334.
    Divergences and controversies are inevitable in the discussion of freedoms and rights, especially in the matter of reproduction. The Chinese first social egg freezing lawsuit raises the question: is the freedom to freeze eggs for social reasons justified because it is an instance of reproductive rights? This paper accepts social egg freezing as desirable reproductive freedom, but following Harel's approach and considering two theories of rights, the choice and interest theories of rights, we argue that social egg freezing is not (...)
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  2. Artificial intellgence and fundamental rights from a European perspective.Claes Granmar - unknown
    Artificial intellgence and fundamental rights from a European perspective.
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  3. Rights reclamation.William L. Bell - 2024 - Philosophical Studies 181 (4):835-858.
    According to a rights forfeiture theory of punishment, liability to punishment hinges upon the notion that criminals forfeit their rights against hard treatment. In this paper, I assume the success of rights forfeiture theory in establishing the permissibility of punishment but aim to develop the view by considering how forfeited rights might be reclaimed. Built into the very notion of proportionate punishment is the idea that forfeited rights can be recovered. The interesting question is whether punishment is the sole means (...)
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  4. Rights, Recognition, Nationalism, and Fichte’s Ambivalent Politics.Arnold L. Farr - 2016 - In Daniel Breazeale & Tom Rockmore (eds.), Fichte's Addresses to the German Nation Reconsidered. SUNY Press. pp. 201-222.
  5. Fight for your rights : refugees, resistance, and disagreement.Ari Hirvonen - 2016 - In Mónica López Lerma & Julen Etxabe (eds.), Ranciere and Law. Routledge.
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  6. Threats, Victims and Unimaginable Subjects of Rights: A Genealogy of Sex Worker Governance in Poland.Agata Dziuban - 2024 - Studies in Social Justice 18 (2):243-263.
    This paper sketches the emergence of, and shifts within, the social, legal, and political figurations of sex workers in Poland. By adopting a genealogical perspective, I investigate how sex workers have been (re)constituted as subjects of governance and unimaginable social justice claimants in legislation, political debates, and law enforcement strategies. With a broad temporal scope, this article traces continuities, transformations, and disruptions within modes of sex work governance in Poland from the adoption of the first laws relating to sex work (...)
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  7. Moving Beyond Context: Reassessing Privacy Rights in the Neurotechnology Era.Callie Terris - 2024 - American Journal of Bioethics Neuroscience 15 (2):144-146.
    Neurotechnologies are revolutionizing our ability to monitor and modify the brain. As these technologies gather more data, many seek to understand whether brain data raises novel privacy concerns a...
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  8. Between Collection and Interpretation: Targeted Rights for Unpredictable Insights.Tessa Gavina & Lucas Gutiérrez-Lafrentz - 2024 - American Journal of Bioethics Neuroscience 15 (2):142-144.
    In their paper “Brain Data in Context: Are New Rights the Way to Mental and Brain Privacy?” Susser and Cabrera (2024) argue against the notion that specific rights may be necessary to protect “brai...
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  9. Brain Data in Context: Are New Rights the Way to Mental and Brain Privacy?Daniel Susser & Laura Y. Cabrera - 2024 - American Journal of Bioethics Neuroscience 15 (2):122-133.
    The potential to collect brain data more directly, with higher resolution, and in greater amounts has heightened worries about mental and brain privacy. In order to manage the risks to individuals posed by these privacy challenges, some have suggested codifying new privacy rights, including a right to “mental privacy.” In this paper, we consider these arguments and conclude that while neurotechnologies do raise significant privacy concerns, such concerns are—at least for now—no different from those raised by other well-understood data collection (...)
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  10. Rights, Entitlements and the Law : The Ambiguous Status of Legal Elements in Economic Discourse.Stefano Solari - 2019 - In Péter Cserne & Magdalena Małecka (eds.), Law and Economics as Interdisciplinary Exchange: Philosophical, Methodological and Historical Perspectives. New York, NY: Routledge.
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  11. Justice Kennedy's Jurisprudence of Dignity: From Sovereign Immunity to Gay Rights.Eric Scarffe - 2023 - American Journal of Legal History 4 (63):359–380.
    Although this article uses Obergefell v Hodges (2015) as its frame, it aims to bring out some distinctive features of Justice Kennedy’s jurisprudence of dignity more broadly. There are two reasons why such an investigation is important. The first is important to those interested in the legal case. Indeed, in Dobbs v Jackson Women’s Health (2022), the Court now argues that the relevant ‘test’ for determining whether a right is protected under the Due Process Clause is whether the right is (...)
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  12. The Counterproductiveness Argument against Animal Rights Violence.Nico Müller & Friderike Spang - forthcoming - Journal of Applied Philosophy.
    Arguments against inflicting violence on people to defend animal rights have relied on the view that inflicting violence is always wrong. But these arguments end up prohibiting too much, as defensive violence should be permissible in certain extreme cases. We argue that considerations about the counterproductiveness of defensive violence are better at distinguishing permissible and impermissible instances of animal rights violence than a blanket rejection of violence. We respond to the objection that assuming violence to be counterproductive is ad hoc, (...)
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  13. Ownership and rights : sustainable development ideals with inequalities of recognition and resource management.Kristin Kuutma - 2024 - In Chiara Bortolotto & Ahmed Skounti (eds.), Intangible cultural heritage and sustainable development: inside a UNESCO Convention. New York, NY: Routledge.
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  14. The all-affected principle and labor rights.Carol C. Gould - 2024 - In Archon Fung & Sean W. D. Gray (eds.), Empowering affected interests: democratic inclusion in a globalized world. New York, NY: Cambridge University Press.
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  15. Animal rights: how you can make a difference.Cynthia O'brien - 2024 - Tuscon, AZ: Brown Bear Books.
    Animal rights activists all around the world are working to end animal suffering. They campaign for laws to protect animal welfare. They work to stop the use of animals in tests for medicines and cosmetics, factory farming, and the use of fur. Many stop eating meat and using animal products. All agree that animals deserve to be treated with respect and dignity. Could you be one of them? Read this book to find out how to be an animal rights activist"--Provided (...)
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  16. Building multispecies resistance against exploitation: stories from the frontlines of labor and animal rights.Zane Mcneill (ed.) - 2024 - New York: Peter Lang.
    This collection posits three questions. 1. What structures of violence and oppression are experienced and shared by human and nonhuman laborers working and dying in these necropolitical facilities? 2. If there is an intersection between class and species, which, in turn incorporates race, gender, abilities, and other categories of oppression, in which ways is the contemporary animal advocacy nonprofit sector reifying or disrupting these hierarchies in its mission towards animal liberation? 3. If there are classist and racist biases in Animal (...)
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  17. Whose Child? Children's Rights, Parental Authority and State Power.Aiken William & LaFollette Hugh (eds.) - 1980 - Totowa, N.J. : Littlefield, Adams.
    A collection of articles about the rights of children.
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  18. Three Concepts of Children's Constitutional Rights: Reflections on the Enjoyment Theory.Laurence Houlgate - 1999 - University of Pennsylvania Journal of Constitutional Law 2 (1):77-94.
    In its long history of rulings on the constitutional rights of children, the U.S. Supreme has struggled with a dilemma: either regard children as persons with fundamental rights that the state must respect, or regard them as human beings who are always in some form of custody. This paper describes and critically discusses three solutions to this dilemma. Only the third solution -- "the enjoyment or rights-in-trust theory" -- solves the problem.
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  19. Rights, Health, and Mental Disease.Laurence Houlgate - 1975 - Wayne Law Review 22 (67):87-95.
    Laurence Houlgate's critique of Shuman's "The Right to be Unhealthy" appearing at page 81 of the same issue of the Wayne Law Review.
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  20. Navigating conflicts of reproductive rights: Unbundling parenthood and balancing competing interests.Dorian Accoe & Guido Pennings - forthcoming - Bioethics.
    Advances in assisted reproductive technologies can give rise to several ethical challenges. One of these challenges occurs when the reproductive desires of two individuals become incompatible and conflict. To address such conflicts, it is important to unbundle different aspects of (non)parenthood and to recognize the corresponding reproductive rights. This article starts on the premise that the six reproductive rights—the right (not) to be a gestational, genetic, and social parent—are negative rights that do not entail a right to assistance. Since terminating (...)
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  21. Ubuntu: Social Justice Education, Governance, and Women Rights in Pre-colonial Africa.Hellen Taabu - 2024 - In Njoki Nathani Wane (ed.), Education, Colonial Sickness: A Decolonial African Indigenous Project. Springer Nature Switzerland. pp. 43-57.
    In this chapter, I purpose to demonstrate that pre-colonial Africa had a concept of dignity grounded in moral practice and thinking that formed the foundations of social justice as an everyday lived experience. The chapter will highlight how various African Indigenous groups maintained law and order while upholding social justice of all the participants. Using examples from diverse cultures, the chapter will demonstrate how African Indigenous communities used customary law to control its members through encouraging good behaviors and sanctioning negative (...)
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  22. Well-run zoos do not violate animals' rights.John Ironmonger - 2006 - In William Dudley (ed.), Animal rights. Detroit, [Mich.]: Thomson Gale.
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  23. Zoos violate animals' rights.People for the Ethical Treatment of Animals - 2006 - In William Dudley (ed.), Animal rights. Detroit, [Mich.]: Thomson Gale.
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  24. The goals of animal rights organizations are reasonable.Kathy Guillermo - 2006 - In William Dudley (ed.), Animal rights. Detroit, [Mich.]: Thomson Gale.
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  25. The goals of animal rights organizations are radical.Animal Scamcom - 2006 - In William Dudley (ed.), Animal rights. Detroit, [Mich.]: Thomson Gale.
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  26. Pets should have some rights.Lawrence Carter-Long - 2006 - In William Dudley (ed.), Animal rights. Detroit, [Mich.]: Thomson Gale.
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  27. Animals should be entitled to rights.Animal Legal Defense Fund - 2006 - In William Dudley (ed.), Animal rights. Detroit, [Mich.]: Thomson Gale.
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  28. Animals are not entitled to rights.Edwin A. Locke - 2006 - In William Dudley (ed.), Animal rights. Detroit, [Mich.]: Thomson Gale.
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  29. Animal rights.William Dudley (ed.) - 2006 - Detroit, [Mich.]: Thomson Gale.
    Presents differing arguments on such topics as animal rights, what constitutes ethical treatment of animals, and using animals in scientific experimentation.
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  30. ‘Forgive Us Our Trespasses’: The Critical Role, Responsibility and Rights of Ethics in Confronting the Enlightenment's Pride and Prejudice.Stacey M. Floyd-Thomas - 2024 - Studies in Christian Ethics 37 (1):54-65.
    While postmodernists have claimed that the failure of the Enlightenment was a failure of philosophical courage, this plenary address explores how its greatest shortcoming actually was its hubris. Paying attention to how Western scholars have centered pride in their elitist purview was their ultimate worldview, this article examines ‘pride’ as the doctrinal dimension of the good life in contemporary Western society and culture. Furthermore, it implores postmodern Christian social ethicists to reform their stewardship to the telos of the field's highest (...)
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  31. The Civil Case for Civil Rights.Louis Brown - 2023 - The National Catholic Bioethics Quarterly 23 (3):395-407.
    Louis Brown discusses the mission of sharing the healing love of Christ, particularly in health care. He investigates how doing so requires that we respect the rights to life, conscience, and religious freedom as the foundations for human dignity in our health care system.
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  32. A Transactional Theory of Rights.Simon Https://Orcidorg Ewers - unknown
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  33. Virtues, Rights, or Consequences? Mapping the Way for Conceptual Ethics.Matthieu Queloz - forthcoming - Studia Philosophica.
    Are there virtues that constitutively involve using certain concepts? Does it make sense to speak of rights or duties to use certain concepts? And do consequentialist approaches to concepts necessarily have to reproduce the difficulties that plague utilitarianism? These are fundamental orientating questions for the emerging field of conceptual ethics, which invites us to reflect critically about which concepts to use. In this article, I map out and explore the ways in which conceptual ethics might take its cue from virtue-ethical, (...)
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  34. History, Knowledge, and Organization: Beyond Animal Rights Vanguardism.Nico Dario Müller - 2024 - Politics and Animals 10:1-14.
    This paper identifies an overlooked but widespread philosophical view in the animal rights movement, Animal Rights Vanguardism. This is the view that (1) the arc of history, by way of ever-increasing moral awareness, bends towards animal liberation,(2) animal rights activists are aware of the moral truth when it comes to human-animal relations thanks to a moral-epistemic privilege, and (3) the primary moral imperative for animal rights activists is to increase the moral awareness of the masses. The paper then makes four (...)
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  35. Enabling children to learn from religions whilst respecting their rights: against monopolies of influence.Anca Gheaus - 2024 - Journal of Philosophy of Education 58 (1):120-127.
    John Tillson argues, on grounds of children’s well-being, that it is impermissible to teach them religious views. I defend a practice of pluralistically advocating religious views to children. As long as there are no monopolies of influence over children, and as long as advocates do not use coercion, deceit, or manipulation, children can greatly benefit without having their rational abilities subverted, or incurring undue risk to form false beliefs. This solution should counter, to some extent, both perfectionist and antiperfectionist reasons (...)
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  36. The Rights of Women: Reclaiming a Lost Vision by Erika Bachiochi (review).Angela Knobel - 2023 - Nova et Vetera 21 (2):742-744.
    In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Rights of Women: Reclaiming a Lost Vision by Erika BachiochiAngela KnobelThe Rights of Women: Reclaiming a Lost Vision by Erika Bachiochi (Notre Dame, IN: University of Notre Dame Press, 2021), 422 pp.Erika Bachiochi's The Rights of Women is animated by a clear vision: a vision of men and women as possessors of the same nature and engaged in the same shared enterprise. Men and women possess the (...)
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  37. The Declaration of Independence: Inalienable Rights, the Creator, and the Political Order.Christopher Kaczor - 2023 - Nova et Vetera 21 (1):249-274.
    In lieu of an abstract, here is a brief excerpt of the content:The Declaration of Independence:Inalienable Rights, the Creator, and the Political OrderChristopher KaczorPierre Manent puts his finger on numerous problems that arise from an emphasis on human rights that is detached from any consideration of human nature, the Creator, or the traditions that inform human practice. In his book Natural Law and Human Rights: Towards a Recovery of Practical Wisdom, Manent writes: "Let us dwell a moment on the proposition (...)
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  38. Narot, Copyrighted, All Rights Reserved: On the Tension between Music Copyright and Religious Authority.John T. Giordano - 2017 - Fourth Princess Galyani Vadhana International Symposium August 30Th- September 1St.
    This essay investigates the tensions between traditional music and its modern codification as intellectual property. It will begin by considering the myths concerning the divine source of music. In traditional music and in folk music, music is closely connected to religious ritual. In these rituals the source of the music is recognized and attributed to certain deities. For instance, in Thai traditional music, the Wai Khru ceremony venerates the Duriyathep or devatas drawn from Indian mythology: Phra Visawakarm, Phra Panjasinghkorn, and (...)
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  39. COVID-19 vaccines, sexual reproductive health and rights: Negotiating sensitive terrain in Zimbabwe.Molly Manyonganise - 2024 - Inkanyiso 16 (1):1-7.
    The COVID-19 period caused a lot of suffering globally, as millions lost their lives while others went through the pain of being infected. The introduction of vaccines to minimise chances of infection and death was a welcome development. However, it was also fraught with its own challenges in the area of sexual health and rights of both women and men. Scholarship on gender and religion noted the way women failed to access contraception in a period in which sexual activity had (...)
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  40. From moral rights to legal rights? Lessons from healthcare contexts.Michael Da Silva - 2024 - Developing World Bioethics 24 (1):21-30.
    Many believe the existence of a moral right to some good should lead to recognition of a corresponding legal right to that good. If, for instance, there is a moral right to healthcare, it is natural to believe countries should recognize a legal right to healthcare. This article demonstrates that justifying legal rights to healthcare is more difficult than many assume. The existence of a moral right is insufficient to justify recognition of a corresponding justiciable constitutional right. Further conditions on (...)
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  41. Women’s Misery and Women’s Rights in International Law and Literature: Wollstonecraft, Malthus, Bentham, and Shelley.Eileen M. Hunt - 2024 - In Benjamin Bourcier & Mikko Jakonen (eds.), British Modern International Thought in the Making: Politics and Economy from Hobbes to Bentham. Springer Verlag. pp. 281-306.
    In this chapter, Eileen M. Hunt reveals new intellectual ties between Bentham and Benthamite thought and the political ideals of Wollstonecraft and Shelley, who theorized the relationship between women’s misery and women’s rights in British international thought from the end of the eighteenth century through the first few decades of the nineteenth century. Hunt argues that Wollstonecraft’s political ideas influenced her daughter Mary Shelley, leading her to develop a critique of Malthusian and Benthamite views on misery and population control that (...)
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  42. Religious Conflicts, Public Policy, and Moral Authority: Reflections on Christian Faith and Homosexual Rights in a Plural Society.Hendrik Hart - 2006 - In James Olthuis & Canadian Corporation for Studies in Religion (eds.), Towards an Ethics of Community: Negotiations of Difference in a Pluralist Society. Wilfrid Laurier Press. pp. 91-126.
  43. Medical Sanctions Against Russia: Arresting Aggression or Abrogating Healthcare Rights?Michael L. Gross - forthcoming - American Journal of Bioethics:1-14.
    Since 2022, the EU, US, and other nations have imposed medical sanctions on Russia to block the export of pharmaceuticals and medical devices and curtail clinical trials to degrade Russia’s military capabilities. While international law proscribes sanctions that cause a humanitarian crisis, an outcome averted in Russia, the military effects of medical sanctions have been lean. Strengthening medical sanctions risks violating noncombatant and combatant rights to healthcare. Each group’s claim is different. Noncombatants and severely injured soldiers who cannot return to (...)
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  44. What Do Rights Have to Do with It?Eric Scarffe & Amber Polk - 2024 - American Journal of Bioethics 24 (3):31-33.
    Rising temperatures, increased frequency and intensity of storms, and other extreme climate events clearly indicate that we are living in an era of dramatic climate change. The impacts of pollution...
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  45. Self‐defense, claim‐rights, and guns.Chetan Cetty - 2024 - The Philosphical Forum 55 (1):27-46.
    The right to self‐defense has played a major role in objections to gun regulation. Many contend that gun regulations threaten this right. While much philosophical discussion has focused on the relation between guns and this right, less attention has been paid to the argument for the right of self‐defense itself. In this article, I examine this argument. Gunrights defenders contend that the right of self‐defense is needed to explain why interferences in self‐defense are wrong. I propose an alternative explanation for (...)
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  46. Global Encyclopedia of Territorial Rights.Kevin W. Gray (ed.) - 2023 - Springer.
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  47. Rights and Wrongs in Talk of Mind-Reading Technology.Stephen Rainey - forthcoming - Cambridge Quarterly of Healthcare Ethics:1-11.
    This article examines the idea of mind-reading technology by focusing on an interesting case of applying a large language model (LLM) to brain data. On the face of it, experimental results appear to show that it is possible to reconstruct mental contents directly from brain data by processing via a chatGPT-like LLM. However, the author argues that this apparent conclusion is not warranted. Through examining how LLMs work, it is shown that they are importantly different from natural language. The former (...)
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  48. How to Read a Riot.Ricky Mouser - 2024 - Journal of Ethics and Social Philosophy 26 (3).
    How should we think about public rioting for political ends? Might it ever be more than morally excusable behavior? In this essay, I show how political rioting can sometimes be positively morally justified as an intermediate defensive harm in between civilly disobedient protest and political revolution. I do so by reading political rioters as, at the same time, uncivil and ultimately conciliatory with their state. Unlike civilly disobedient protestors, political rioters express a lack of faith in the value or applicability (...)
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  49. Alternative Dispute Resolution Rules in the Rural Land Laws of Ethiopia from Access to Justice and Women’s Land Rights’ Lens.Abebaw Abebe Belay - forthcoming - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-13.
    Land is a constitutional issue in Ethiopia. Article 40 of the FDRE constitution enshrines governing provisions about rural and urban land. Legislation power is given to the federal government (Article 51(5) of the constitution) although this power can be delegated to regions (Article 50(9) of the same constitution). In contrast, administration power is allocated to regions (Article 52 (2(d)) of the constitution). The federal government has enacted the Rural Land Administration and Use Proclamation 456/2005. Both federal and regional land laws (...)
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  50. Rights, Values, (the) Meaning in/of Life and Socrates’s ‘How Should One Live?’: A Rationally-Unquestionable Interpretation.Kym Farrand - manuscript
    This paper expands on another which focussed on Socrates’s question: ‘How should one live?’. The present paper also focusses on the ‘meaning of life’ and ‘meaning in life’ issues, and more on rights. To fully rationally answer Socrates’s question, we need to answer the epistemic question: ‘How can one know how one should live?’. This paper attempts to answer both. And knowing how one should live fundamentally involves knowing what values one should live by. This includes which rights one should (...)
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