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The Alleged Dichotomy between Positive and Negative Duties of Justice

In Charles R. Beitz & Robert E. Goodin (eds.), Global Basic Rights. Oxford University Press. pp. 85--115 (2009)

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  1. Reviving the Distinction between Positive and Negative Human Rights.Johan Vorland Wibye - 2022 - Ratio Juris 35 (4):363-382.
    Increasingly firm rejections of the distinction between positive and negative human rights as incoherent have created a gap between theory and practice, as well as tensions within legal doctrinal and philosophical literature. This article argues that the distinction can be preserved by means of a structural account of the interaction of duties within human rights, anchored in case law on the right to freedom of assembly in Article 11, the right to free elections in Article 3 of Protocol 1, and (...)
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  • Human Rights, Personal Responsibility, and Human Dignity: What Are Our Moral Duties to Promote the Universal Realization of Human Rights?Julio Montero - 2017 - Human Rights Review 18 (1):67-85.
    According to the orthodox or humanist conception of human rights, individuals have a moral duty to promote the universal realization of human rights. However, advocates of this account express the implications of this duty in extremely vague terms. What does it mean when we say that we must promote human rights satisfaction? Does it mean that we must devote a considerable amount of our time and resources to this task? Does it mean, instead, that we must make occasional donations to (...)
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  • Henry Shue on Basic Rights: A Defense. [REVIEW]Jordan Kiper - 2011 - Human Rights Review 12 (4):505-514.
    In light of the many recent criticisms of Henry Shue's philosophy, this article provides a defense of Shue's philosophical argument for basic rights. The author demonstrates that the latest criticisms made by Thomas Pogge, Michael Payne, and Andrew Cohen misconstrue Shue's position, and therefore fail to overturn the soundness of Shue's argument. Against those who contend that basic rights demand too much, both logically and morally, the author argues that basic rights serve as the minimal threshold for human dignity and (...)
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