Results for 'natural right theories'

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  1. Natural rights theories: their origin and development.Richard Tuck - 1979 - New York: Cambridge University Press.
    This book shows how political argument in terms of rights and natural rights began in medieval Europe, and how the theory of natural rights was developed in the seventeenth century after a period of neglect in the Renaissance. Dr Tuck provides a new understanding of the importance of Jean Gerson in the formation of the theories, and of Hugo Grotius in their development; he also restores the Englishman John Selden's ideas to the prominence they once enjoyed, and (...)
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  2.  35
    Natural Rights Theories[REVIEW]B. H. G. - 1981 - Review of Metaphysics 34 (4):810-811.
    Richard Tuck’s book reconstructs the historical debate that led ultimately to the modern concept of natural right. His study has the virtue of supplying a critical perspective often missing in the current controversy over the nature and status of rights.
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  3. Natural Rights Theories. — Their Origin and Development.Richard Tuck - 1979 - Tijdschrift Voor Filosofie 44 (3):572-574.
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  4.  53
    A Reconsideration of Natural Rights Theory.Tibor R. Machan - 1982 - American Philosophical Quarterly 19 (1):61 - 72.
  5. The Conventionalist Challenge to Natural Rights Theory.Ben Bryan - 2017 - Social Theory and Practice 43 (3):569-587.
    Call the conventionalist challenge to natural rights theory the claim that natural rights theory fails to capture the fact that moral rights are shaped by social and legal convention. While the conventionalist challenge is a natural concern, it is less than clear what this challenge amounts to. This paper aims to develop a clear formulation strong enough to put pressure on the natural rights theorist and precise enough to clarify what an adequate response would require.
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  6.  64
    Natural rights theories: Their origin and development.Thomas Landon Thorson - 1983 - Journal of the History of Philosophy 21 (1):101-102.
  7.  50
    Review of Richard Tuck: Natural rights theories: their origin and development[REVIEW]Andrew Reeve - 1981 - Ethics 92 (1):159-160.
  8.  40
    Natural Right Theories[REVIEW]James P. Young - 1986 - International Studies in Philosophy 18 (3):104-105.
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  9.  28
    Answering the Conventionalist Challenge to Natural Rights Theory.Billy Christmas - 2020 - Res Publica 27 (3):329-345.
    Ben Bryan argues that the strongest challenge to natural rights theory is to explain how it overcomes the Problem of Authority. Given that our natural rights are multiply realisable by a range of equally reasonable social conventions, how or why ought one particular realisation have authority? I argue that Thomistic and Kantian solutions to this problem do not count as solutions from natural rights theory, and therefore offer my own solution. When theories of natural rights (...)
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  10.  76
    (1 other version)Natural rights and the theory of the political institution.George H. Mead - 1915 - Journal of Philosophy, Psychology and Scientific Methods 12 (6):141-155.
  11. Natural Rights, Philosophical Realism, and Hume‘s Theory of Common Life.D. Rasmussen - 1990 - Reason Papers 15:118-136.
     
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  12.  85
    Medieval theories of natural rights.John Kilcullen - unknown
    From the 12 th century onwards, medieval canon lawyers and, from the early 14 th century, theologians and philosophers began to use ius to mean a right, and developed a theory of natural rights, the predecessor of modern theories of human rights. The main applications of this theory were in respect of property and government.
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  13. Duty, nature, right: Kant's response to mendelssohn in theory and practice III.Katrin Flikschuh - 2007 - Journal of Moral Philosophy 4 (2):223-241.
    This paper offers an imminent interpretation of Kant's political teleology in the context of his response to Moses Mendelssohn in Theory and Practice III concerning prospects of humankind's moral progress. The paper assesses the nature of Kant's response against his mature political philosophy in the Doctrine of Right . In `Theory and Practice III' Kant's response to Mendelssohn remains incomplete: whilst insisting that individuals have a duty to contribute towards humankind's moral progress, Kant has no conclusive answer as to (...)
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  14.  45
    Moral Psychological Aspects in William of Ockham’s Theory of Natural Rights.Virpi Mäkinen - 2012 - American Catholic Philosophical Quarterly 86 (3):507-525.
    Ockham’s theory of natural rights was based on a careful definition of the basic juridical terms dominium and ius utendi, as well as on the idea of human agency and morality. By defining a right as a licit power of action in accordance with right reason (recta ratio), Ockham placed rights firmly in the agent. A right was a subjective power of action. Ockham’s theory of natural rights was influential for later natural rights (...). Its advocates included leading thinkers of the sixteenth and seventeenth centuries, whose views on the right to life, its relation to the right to property, and the state of nature resembled those ideas already developed by Ockham approximately three hundred years earlier. (shrink)
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  15. Classical natural law theory, property rights, and taxation.Edward Feser - 2010 - Social Philosophy and Policy 27 (1):21-52.
    Classical natural law theory derives moral conclusions from the essentialist and teleological understanding of nature enshrined in classical metaphysics. The paper argues that this understanding of nature is as defensible today as it was in the days of Plato, Aristotle, Augustine, and Aquinas. It then shows how a natural law theory of the grounds and content of our moral obligations follows from this understanding of nature, and how a doctrine of natural rights follows in turn from the (...)
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  16.  38
    Natural Law Theory.Brian Bix - 1996 - In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Blackwell. pp. 209–227.
    This chapter contains sections titled: Traditional Natural Law Theory Modern Natural Law Theory Conclusion References.
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  17. A Theory of Natural Rights.Eric Mack - 1973 - Dissertation, The University of Rochester
     
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  18. Toward a theory of empirical natural rights.John Hasnas - 2005 - Social Philosophy and Policy 22 (1):111-147.
    Natural rights theorists such as John Locke and Robert Nozick provide arguments for limited government that are grounded on the individual's possession of natural rights to life, liberty, and property. Resting on natural rights, such arguments can be no more persuasive than the underlying arguments for the existence of such rights, which are notoriously weak. In this article, John Hasnas offers an alternative conception of natural rights, “empirical natural rights,” that are not beset by the (...)
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  19. Francisco de Vitoria and the Pre-Hobbsian Roots of Natural Rights Theory.T. D. Williams - 2004 - Alpha Omega 7 (1):47-59.
  20.  30
    Property and Justice: A Liberal Theory of Natural Rights.Billy Christmas - 2021 - Routledge.
    This book gives an account of a full spectrum of property rights and their relationship to individual liberty. It shows that a purely deontological approach to justice can deal with the most complex questions regarding the property system. Moreover, the author considers the economic, ecological, and technological complexities of our real-world property systems. The result is a more conceptually sound account of natural rights and the property system they demand. If we think that liberty should be at the centre (...)
  21. Property Rights, Social Norms and the Law: A Natural Law Theory of Property.Matthew Noah Smith - 2004 - Dissertation, The University of North Carolina at Chapel Hill
    The problem area of distributive justice includes at its core questions about what ought to be owned, how it can be owned and who ought to own it. A fundamental assumption behind recent attempts to address these questions is that the power to shape the property institutions of a society lies entirely in that society's laws. This view, I argue, is mistaken. In this dissertation I provide an account of how property institutions are related to other social practices in a (...)
     
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  22.  81
    Natural rights liberalism from Locke to Nozick.Ellen Frankel Paul, Fred Dycus Miller & Jeffrey Paul (eds.) - 2005 - New York: Cambridge University Press.
    This collection of essays is dedicated to the memory of the late Harvard philosopher Robert Nozick, who died in 2002. The publication of Nozick's Anarchy, State, and Utopia in 1974 revived serious interest in natural rights liberalism, which, beginning in the latter half of the eighteenth century, had been eclipsed by a succession of antithetical political theories including utilitarianism, progressivism, and various egalitarian and collectivist ideologies. Some of our contributors critique Nozick's political philosophy. Other contributors examine earlier figures (...)
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  23.  22
    Natural Right and Human Nature:Natural Right and History.Nathaniel Lawrence - 1955 - Review of Metaphysics 8 (3):468 - 479.
    All the above views are statements of or from the so-called emotive theory of value, or are closely related to that theory. Where causal primacy lies or whether all these theories and views are effects of a more deep-laid cause is difficult to determine. Nevertheless, the common bonds between the various views are evident; the views themselves are prevalent. Any work which challenges the current subjective intuitionism in matters of "right," "good," and the like stands out in illuminated (...)
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  24.  29
    Natural Law Theories in the Early Enlightenment (review).Benjamin J. Bruxvoort Lipscomb - 2002 - Journal of the History of Philosophy 40 (1):126-127.
    In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 40.1 (2002) 126-127 [Access article in PDF] Book Review Natural Law Theories in the Early Enlightenment T. J. Hochstrasser. Natural Law Theories in the Early Enlightenment. New York: Cambridge University Press, 2000. Pp. xiii + 246. Cloth, $54.95. In a worthy addition to Cambridge's Ideas in Context series, T. J. Hochstrasser undertakes an excavation. His aim is to provide (...)
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  25.  92
    Natural rights and imperial constitutionalism: The american revolution and the development of the american amalgam.Michael Zuckert - 2005 - Social Philosophy and Policy 22 (1):27-55.
    Robert Nozick worked in a Lockean tradition of political philosophy, a tradition with deep resonance in the American political culture. This paper attempts to explore the formative moments of that culture and at the same time to clarify the role of Lockean philosophy in the American Revolution. One of the currently dominant approaches to the revolution emphasizes the colonists' commitments to their rights, but identifies the relevant rights as “the rights of Englishmen,” not natural rights in the Lockean mode. (...)
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  26.  77
    Natural Rights Human Rights and the Role of Social Recognition.Rex Martin - 2011 - Collingwood and British Idealism Studies 17 (1):91-115.
    This paper pays special attention to T.H. Green's account of rights as developed in the Lectures on the Principles of Political Obligation. Green's theory can be viewed as having at least two main levels. The first level is his general account of rights, emphasizing the notions of social recognition, of a power or capacity that each right-holder has, and of the common good subserved by proper rights. The second level is that of universal rights; here special attention will be (...)
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  27. Natural Rights to Welfare.Siegfried Van Duffel - 2011 - European Journal of Philosophy 21 (4):641-664.
    : Many people have lamented the proliferation of human rights claims. The cure for this problem, it may be thought, would be to develop a theory that can distinguish ‘real’ from ‘supposed’ human rights. I argue, however, that the proliferation of human rights mirrors a deep problem in human rights theory itself. Contemporary theories of natural rights to welfare are historical descendants from a theory of rights to subsistence which was developed in twelfth-century Europe. According to this theory, (...)
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  28. Respect for Nature: A Theory of Environmental Ethics.Paul W. Taylor (ed.) - 1986
    What rational justification is there for conceiving of all living things as possessing inherent worth? In _Respect for Nature_, Paul Taylor draws on biology, moral philosophy, and environmental science to defend a biocentric environmental ethic in which all life has value. Without making claims for the moral rights of plants and animals, he offers a reasoned alternative to the prevailing anthropocentric view--that the natural environment and its wildlife are valued only as objects for human use or enjoyment. _Respect for (...)
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  29.  24
    Continental perspectives on natural law theory and legal positivism.Jes Bjarup - 2004 - In Martin P. Golding & William A. Edmundson (eds.), The Blackwell Guide to the Philosophy of Law and Legal Theory. Malden, MA: Wiley-Blackwell. pp. 287--299.
    This chapter contains section titled: Continental and Noncontinental Perspectives The English Perspective: The Rejection of Natural Law and Natural Rights The Continental Perspective: Kant on Natural Law and Natural Right The Continental Perspective: The Critique of Natural Right and Natural Law The Revival of Natural Law: The Thomistic Perspective The Transformation of Natural Law: Stammler's Doctrine of the Social Ideal Natural Law as a Worldview: Radbruch's Theory of Law and (...)
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  30. Natural Rights Liberalism From Locke to Nozick: Volume 22, Part 1.Ellen Frankel Paul, Fred D. Miller & Jeffrey Paul (eds.) - 2004 - New York: Cambridge University Press.
    This collection of essays is dedicated to the memory of the late Harvard philosopher Robert Nozick, who died in 2002. The publication of Nozick's Anarchy, State, and Utopia in 1974 revived serious interest in natural rights liberalism, which, beginning in the latter half of the eighteenth century, had been eclipsed by a succession of antithetical political theories including utilitarianism, progressivism, and various egalitarian and collectivist ideologies. Some of our contributors critique Nozick's political philosophy. Other contributors examine earlier figures (...)
     
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  31.  69
    Natural Rights and Roman Law in Hugo Grotius's Theses LVI, De iure praedae and Defensio capitis quinti maris liberi.Benjamin Straumann - 2007 - Grotiana 26 (1):341-365.
    Roman property law and Roman contract law as well as the property centered Roman ethics put forth by Cicero in several of his works were the traditions Grotius drew upon in developing his natural rights system. While both the medieval just war tradition and Grotius's immediate political context deserve scholarly attention and constitute important influences on Grotius's natural law tenets, it is a Roman tradition of subjective legal remedies and of just war which lays claim to a foundational (...)
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  32.  58
    The harm principle and a theory of natural rights.Ferdinand Schoeman - 1977 - Journal of Value Inquiry 11 (4):235-243.
  33.  5
    On The Present Position of the Theory of Natural Right.W. E. Hocking - 1949 - Proceedings of the Tenth International Congress of Philosophy 1:556-559.
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  34.  50
    The Role of God in the New Natural Law Theory.Fulvio Di Blasi - 2013 - The National Catholic Bioethics Quarterly 13 (1):35-45.
    Does God have any relevant role in the new natural law theory of Germain Grisez and John Finnis? Finnis declared in Natural Law and Natural Rights that he wanted to offer “a theory of natural law without needing to advert to the question of God’s existence or nature or will.” Grisez claims that “man’s ultimate beatitudo cannot consist in the vision of God.” Indeed, there is no consistent role for God in their philosophical theory. In this (...)
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  35. Natural Right Or Natural Law?Mary Gregor - 1995 - Jahrbuch für Recht Und Ethik 3.
    If Kant's account of rights had continued the "early modern Natural Law tradition", basing rights on some notion of human flourishing, there would be no difficulty about including socio-economic rights for the needy in his theory. However, his division of moral philosophy into Rechtslehre and Tugendlehre limits Rechtspflichten to duties that a moral agent can be coerced to fulfill. If a state is to give the needy statutory rights, the justification for using coercion on its citizens cannot be that (...)
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  36.  36
    The Right to Education in the Fichtean Theory of Natural Right.Héctor Oscar Arrese Igor - 2015 - Philosophical Forum 46 (4):403-420.
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  37. On the Theory of the Social Contract Within the Natural Rights Tradition.Ellen Frankel Paul - 1978 - Pacific Philosophical Quarterly 59 (1):9.
  38.  12
    The Natural Right to Property as an Instrumental Right.Matěj Křížecký - 2024 - Human Affairs 34 (3):408-420.
    I argue that Robert Nozick, in his well-known book “Anarchy, State, Utopia”, is working with Locke’s notion of the natural right to property merely instrumentally. I use the term “instrumentally” in the sense that the pieces of the source are not used within the context of the original work but are used atomically to support one’s argument or theory. Instrumental use of Locke’s theory causes incoherence in his theory. This paper introduces the incoherence in the question and explains (...)
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  39.  16
    The Natural Right to Liberty and the Need for a Social Contract.Jeffrey Reiman - 2012 - In Jeffrey H. Reiman (ed.), As Free and as Just as Possible: The Theory of Marxian Liberalism. Malden, MA: Wiley-Blackwell. pp. 67–93.
    This chapter contains sections titled: A Lockean Argument for the Right to Liberty Our Rational Moral Competence From Liberty to Lockean Contractarianism.
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  40.  17
    Natural Rights on the Threshold of the Scottish Enlightenment the Writings of Gershom Carmichael.Gershom Carmichael - 2002 - Liberty Fund.
    An important figure in the natural law tradition and in the Scottish Enlightenment, Gershom Carmichael defended a strong theory of rights and drew attention to Grotius, Pufendorf, and Locke. Gershom Carmichael was a teacher and writer who played an important role in the Scottish Enlightenment of the eighteenth century. His philosophy focused on the natural rights of individuals--the natural right to defend oneself, to own the property on which one has labored, and to services contracted for (...)
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  41.  32
    A Note on Murphy's “A Paradox in Locke's Theory of Natural Rights.”.Wolfgang Schwarz - 1970 - Dialogue 8 (4):680-681.
  42. A Re-Examination of John Locke’s Theory of Natural Law and Natural Rights.Peter P. Cvek - 1991 - Social Philosophy Today 5:41-61.
  43. Natural rights and individual sovereignty.Siegfried Van Duffel - 2004 - Journal of Political Philosophy 12 (2):147–162.
    TO assert that one should come to terms with the past if one wants to understand the present would be to underline the obvious. And yet, even though we know much more of the history of natural rights theories now, especially of the origin of these theories before the seventeenth century, than we did, say, twenty years ago, this increase in knowledge seems to have had little impact on contemporary philosophical discussions about the nature of rights. Sometimes (...)
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  44.  23
    Superior Natural Law Theory in the Works of Johannes Althusius.Alison Vaughan - forthcoming - Dianoia The Undergraduate Philosophy Journal of Boston College.
    Johannes Althusius, a German legal theorist and political thinker in the early 1600s, attempts in his Politica to create a chain of increasingly large communal associations that could constitute a universally applicable political order. He founds this system on a natural law theory of behavioral guidelines. Many elements of his body of work, from its federalist structure to the granting of a right of sovereignty to the people, bear marks of an early connection to modern Western thought meriting (...)
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  45. Natural Right in Hobbes and Kant.Howard Williams - 2012 - Hobbes Studies 25 (1):66-90.
    Both Hobbes and Kant tackle the issue of natural right in a radical and controversial way. They both present systematic, secular theories of natural law in a highly religious age. Whereas Hobbes transforms natural right by placing the rational individual bent on self-preservation at the centre of political philosophy, Kant transforms natural right by putting the metaphysical presuppositions of his critical philosophy at the heart of his reasoning on politics. Neither attempts to (...)
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  46.  99
    A paradox in Locke's Theory of Natural Rights.Jeffrie G. Murphy - 1969 - Dialogue 8 (2):256-271.
    There are certain recurring objections to Locke's theory of legitimate government and the conception of natural rights on which it is based. These objections generally take the form of showing that most of Locke's claims in the Second Treatise stand largely as ad hoc assertions, defended—if at all—not by philosophical argumentation but by appeals to theology or intuition. These criticisms might be called external criticisms of Locke's theory because they focus, not upon the coherence of the theory or the (...)
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  47. The Metaphysics of Natural Right in Spinoza.John R. T. Grey - 2021 - Oxford Studies in Early Modern Philosophy 10:37-60.
    In the Tractatus Theologico-Politicus (TTP), Spinoza argues that an individual’s natural right extends as far as their power. Subsequently, in the Tractatus Politicus (TP), he offers a revised argument for the same conclusion. Here I offer an account of the reasons for the revision. In both arguments, an individual’s natural right derives from God’s natural right. However, the TTP argument hinges on the claim that each individual is part of the whole of nature (totius (...)
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  48. The decline of natural right.Jeremy Waldron - unknown
    What happened to the doctrine of natural right in the nineteenth century? We know that it flourished in the seventeenth and eighteenth centuries. We know that something like it - the doctrine of human rights and new forms of social contract theory - flourished again in the second half of the twentieth century and continues to flourish in the twenty-first. In between there was a period of decline and hibernation - uneven, to be sure, and never complete - (...)
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  49. Natural Intellectual Property Rights and the Public Domain.Hugh Breakey - 2010 - Modern Law Review 73 (2):208-239.
    No natural rights theory justifies strong intellectual property rights. More specifically, no theory within the entire domain of natural rights thinking – encompassing classical liberalism, libertarianism and left-libertarianism, in all their innumerable variants – coherently supports strengthening current intellectual property rights. Despite their many important differences, all these natural rights theories endorse some set of members of a common family of basic ethical precepts. These commitments include non-interference, fairness, non-worsening, consistency, universalisability, prior consent, self-ownership, self-governance, and (...)
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  50. Foundation for a Natural Right to Health Care.Jason T. Eberl, Eleanor K. Kinney & Matthew J. Williams - 2011 - Journal of Medicine and Philosophy 36 (6):537-557.
    Discussions concerning whether there is a natural right to health care may occur in various forms, resulting in policy recommendations for how to implement any such right in a given society. But health care policies may be judged by international standards including the UN Universal Declaration of Human Rights. The rights enumerated in the UDHR are grounded in traditions of moral theory, a philosophical analysis of which is necessary in order to adjudicate the value of specific policies (...)
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