oalib
Search Results: 1 - 10 of 100 matches for " "
All listed articles are free for downloading (OA Articles)
Page 1 /100
Display every page Item
Natural Rights, Morality, and the Law  [PDF]
Drum Peter
Beijing Law Review (BLR) , 2011, DOI: 10.4236/blr.2011.21004
Abstract: It is argued that despite attempts to discount the importance of natural rights for morality, they are fundamental to it; therefore, so too are natural rights to the legitimacy of the law.
The ecological law and ecological human rights: to the question on necessity of formation
Khvorostov A. J.
Sociosfera , 2012,
Abstract: Necessity of the ecological law is determined by presence of ecological crisis and formed at formation of ecological function of the state. Ecological human rights and the citizen are natural human rights, however should be legally fixed and guaranteed by the state. The further functioning of a society is impossible without observance of norms of the ecological law and ecological human rights.
Primitive society and law
Anatolii Zaiets
NaUKMA Research Papers. Law , DOI: 10.18523/2617-2607.2018.13-19
Abstract: The article is devoted to the study of the process of the emergence of rights in the primitive society of the period of savagery and barbarism. The time frame expands from the beginning of the birth of life (about 4.1 – 3.7 billion years ago) to the invention of methods of cultivation of land and the primary division of labor and the invention of ancient civilization of Sumerians of writing (respectively 6,500 years - 3,100 years BC). The social and anthropological reasons for the emergence of law (needs of common habitation, normative consciousness), the world-view basis, the nature of the binding character of the original rules, their interrelation with morality, are substantiated. The original rules of conduct in the form of prohibitions (taboos), custom, rite, worship and ritual were alloy, a mixture of divine and natural, magical and psychological. These mono norms formed the core of primitive law as the form of proper, necessary behavior, the most significant factor of the force of which was the joint residence and the mutual benefit of acting concertedly. In the absence of political power in the primitive society, they also supported the authority of tribal leaders, elders, healers, healers and sorcerers. With the emergence of religion and systems of morality, these norms receive a new religious and value justification and differentiate from those norms of morality that do not require more stringent, compared with them, sanctions. Thus, the social interaction in the process of living together and the elaboration of the rules of this residence, the improvement of the methods of resolving conflicts and disputes provided the ground on which the archaic right of the primitive society has grown, which in the form reached us in the relevant earliest historical sources, according to the constant scientific tradition, is called customary law.
Providence, conscience of liberty and benevolence – the implications of Luther’s and Calvin’s views on natural law for fundamental rights  [cached]
Andries Raath
In die Skriflig , 2007, DOI: 10.4102/ids.v41i3.313
Abstract: Prof. Johan van der Vyver recently identified a need for a Scriptural foundation of human rights. In this article it is argued that together with their evangelical perspectives, Luther’s and Calvin’s Ciceronian re-interpretation of Thomism produced very important perspectives for establishing the moral context of a Scriptural basis for fundamental rights and duties. The impli- cations of the views of both Luther and Calvin on fundamental duties and justice presuppose a moral context from which is- sues related to human rights can be approached. In that regard the views of Luther and Calvin still have much to contribute towards developing an evangelical approach to human rights.
Moral Rights in the Information Society  [PDF]
Ying Zhou
Beijing Law Review (BLR) , 2014, DOI: 10.4236/blr.2014.52010
Abstract:

This essay mainly concentrates on the value of moral rights in this ever-developing society. Above all, the background of moral rights is provided, giving us a brief introduction. There are two categories of rights in copyright system; one is economic rights, which can bring economic interests to right holders directly; the other one is moral rights, which stands for the creator’s personality but can’t produce economic interests directly. As to international regulation, Art.6 bis of the Berne Convention has some clauses on such rights. In moral rights system, rights are divided into four kinds: the right to be identified as an author or a director—the paternity right or the right to be identified; the right to object to derogatory treatment of work—the integrity right; the false attribution of work—the false attribution right; and the right to privacy of certain photographs and films—the privacy right. All these rights are beneficial as they can protect creators’ rights from the four aspects. Form this standpoint, it is reasonable to grant moral rights. However, in the following, some shortcomings of moral rights are to be displayed as these rights are unable to meet the requirements of the modern society. With the advent and development of internet, collectivization, digitization and employment, some measures should be taken so as to adjust the moral rights system to keep pace of the society. From my standpoint, it is still justified to keep moral rights existing but we should make some adaptations of them in order to meet the needs of this digital era and the information society.

The role of the Christian community in a plural society
T.C. Rabali
Koers : Bulletin for Christian Scholarship , 2002, DOI: 10.4102/koers.v67i4.381
Abstract: This article identifies four ways in which our society is often referred to as being plural. It discusses four pluralisms and indicates several challenges associated with each one of them. It argues that the Christian community has to consider all four of these aspects of pluralism when seeking to understand its role. It is argued that part of the role that the Christian community has to take seriously is that of maintaining and establishing institutions that will help in an open confession of Christ. This role includes that of having a vigorous and comprehensive apologetics, in the classical sense, of providing proofs for the central Christian positions, defending Christian positions by providing answers to questions that are raised, as well as offering an offensive that seeks to highlight the problems associated with non-Christian views.
Backing the Founders: The Case for Unalienable Individual Rights
Tibor R. Machan
Libertarian Papers , 2010,
Abstract: Many may benefit from revisiting the natural rights support for the fully free society even though the case is on record in several books and numerous scholarly pieces. Here I provide a sketch of that support, with a plethora of references for those who would like to explore the full case.The basic point is that adult human beings are moral agents and as such require in their communities respect for–and at times expert protection of–their individual natural rights. This is what gives rise to a polity of very limited government or law. Like referees at a game, whoever maintains and defends the law must stick to that job and not stray into other projects lest the work become corrupted. Such a society will not guarantee good conduct or prosperity but will have the best chance at these.
LIBERTAD RELIGIOSA Y DERECHO NATURAL EN LOS ESTADOS UNIDOS
Casanova,Carlos A;
Revista chilena de derecho , 2006, DOI: 10.4067/S0718-34372006000100008
Abstract: one of the essential characteristics of classical natural law is to acknowledge that neither man nor society is the measure of what is just. the true measure can be found in a non-human intelligence, known in the early republican life of the united states as necessary in order to avoid an undue cult of society. currently, however, both democratic myths and doctrines of individual rights, in the hands of sectarian secularism, are gradually causing the sacrifice of true civic freedom on the altar of the earthly leviathan. the most viable answer to this challenge lies in recovering the classical approach to natural law, in accordance with the best tradition of the united states
Human dignity - Our supreme constitutional value  [PDF]
NMI Goolam
Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad , 2001,
Abstract: As far as constitutional interpretation and statutory interpretation in general is concerned, South Africa is undergoing a transformation from a formal, positivistic vision of law to a substantive, natural law vision of law. And the single most significant factor in this transformation is the existence of constitutional values. For the first time in South Africa, courts (in particular the Constitutional Court) must decide cases on the basis of these values. It is therefore simply erroneous and naive to say that 'the Constitutional Court has been so fixated with the role of 'values' in the first year of its existence' and that the court is 'obsessed' with the role of 'values'. Of these values, the three most fundamental in any open and democratic society are human dignity, equality and freedom. Amongst this trinity of values human dignity finds pride of place. Some of the pertinent questions briefly addressed in this article are: (1) What does human dignity entail?; (2) Is human dignity a right or a duty?; (3) How should it be understood in a plural society such as ours?; (4) What about the impact of modern technology on human dignity?; (5) Is our understanding of the concept/value/idea of human dignity not too European/Western in nature? For example, the issue of gays and lesbians is a human rights and human dignity question in the West, while other cultures find homosexuality abhorrent and uncivilized; and (6) Should we explore a religious and spiritual philosophy of human dignity?
Language Rights and Community Law  [PDF]
I?aki Lasagabaster
European Integration Online Papers , 2008,
Abstract: The territory of the European Union is made up of a rich and wide-ranging universe of languages, which is not only circumscribed to the "state languages". The existence of multilingualism is one of Europe’s defining characteristic and it should remain so in the constantly evolving model of Europe’s political structure.Linguistic rights have been dealt with under Community law through various viewpoints. The linguistic regime of the European Union is essentially of a legal nature. As a consequence of the legal regime of the languages there is a graduation between them. The building of political and economic Europe based on the "state language" concept affects the European linguistic diversity itself.Nevertheless, the express legal recognition to the European linguistic diversity takes place in a new context: the context of the opening of the European Union to fundamental rights. The respect for the linguistic diversity is shaped as an aim of the Union, identifying a sphere of action. A sphere of action that has to materialise itself with specific measures.We will see if there is enough legal basis to say that linguistic rights do form part of the general principles of law. If linguistic rights are considered as general principles under Community law, when do they have to apply?
Page 1 /100
Display every page Item


Home
Copyright © 2008-2017 Open Access Library. All rights reserved.