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Academic literature on the topic 'Moral rights in law'

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Published: 4 June 2021
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Journal articles on the topic "Moral rights in law"

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Cruft, Rowan. "Human Rights Law Without Natural Moral Rights." Ethics & International Affairs 29, no. 2 (2015): 223–32. http://dx.doi.org/10.1017/s0892679415000088.

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In this latest work by one of our leading political and legal philosophers, Allen Buchanan outlines a novel framework for assessing the system of international human rights law—the system that he takes to be the heart of modern human rights practice. Buchanan does not offer a full justification for the current system, but rather aims “to make a strong prima facie case that the existing system as a whole has what it takes to warrant our support of it on moral grounds, even if some aspects of it are defective and should be the object of serious efforts at improvement” (p. 173).
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Puspasari, Anastasia Theresia. "Tinjauan Konsep Hak Eksklusif dalam Hak Cipta Berdasarkan Teori Hegel." Dialogia Iuridica 13, no. 2 (April 28, 2022): 140–61. http://dx.doi.org/10.28932/di.v13i2.4577.

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Copyright is a protection in a form of an exclusive right which is attached with the creator, including moral rights which are possessed by the creator for the embodiment for their personality in the creation. The referred moral rights are recognized in the international treaties, specifically in Berne Convention and TRIPS Agreement, which put forward the moral rights as a copyright protection. The protection of moral rights evolved from the Continental Europe countries, which recognizes author’s rights. The principle of moral rights could be analyzed with Hegel’s theory from the writing in his book entitled “Philosophy of Rights”, postulating the principle of how a person could claim his right of property possessions. In accordance with Hegel’s theory, this research will be focused on the scope of copyright as an exclusive right, which will also analyze the copyright law of Indonesia regulated in Law Number 28/2014. The copyright protection regarding moral rights in Law Number 28/2014 principally regulates the right given to the creator to signify their identities in their creation or to claim for their creation which adheres with their personalities. Moral rights are also given to performers in the form of related rights, as a right for the performers to claim the performance of the creation.
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Pasternak, Avia. "From Corporate Moral Agency to Corporate Moral Rights." Law & Ethics of Human Rights 11, no. 1 (May 8, 2017): 135–59. http://dx.doi.org/10.1515/lehr-2017-0003.

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Abstract Recent literature suggests that organizational entities, such as states and business corporations, can qualify as moral agents. Does it follow that, as members of our moral community, group agents are entitled to moral protections? This article explores the connection between groups’ moral agency and moral rights. I argue that corporate moral agency does not, in itself, ground a group’s claim for moral protections. Nevertheless, a group agent can be entitled to derivative moral rights protections, which attach to the group itself but are grounded in the interests of individuals, such as the group’s members. Furthermore, the agential status of a group helps to identify which rights can attach to it, given its moral agency. One such moral agency related right is a right not to be morally subverted. This right generates a duty for the group agent’s members to ensure that its decision-making process incorporates sound moral reasoning. The final part of the article applies these conclusions to recent debates on the rights of states. I argue that, as moral agents, states have a moral right not to be morally subverted. It follows that citizens have a pro tanto duty, directed at their state, not to engage in political activities that would subvert its moral powers.
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Gewirth, Alan. "Moral Foundations of Civil Rights Law." Modern Schoolman 64, no. 4 (1987): 235–55. http://dx.doi.org/10.5840/schoolman198764458.

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Gewirth, Alan. "Moral Foundations of Civil Rights Law." Journal of Law and Religion 5, no. 1 (1987): 125. http://dx.doi.org/10.2307/1051021.

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Cappelen, Alexander W. "The Moral Rationale for International Fiscal Law." Ethics & International Affairs 15, no. 1 (March 2001): 97–110. http://dx.doi.org/10.1111/j.1747-7093.2001.tb00346.x.

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A country's right to levy taxes is a fundamental aspect of its sovereignty. Without the power to tax, a government would be unable to redistribute resources among its citizens and provide public goods. The question of how tax rights should be distributed is therefore one of the oldest and most important problems of tax theory. Increased international economic integration has made this question even more important, as a larger share of economic transactions take place across national borders, giving rise to situations in which more than one country is able to tax the same base.How such conflicts are resolved affects both the ability of countries to redistribute resources domestically and the international distribution of tax revenues. The allocation of tax rights therefore raises important questions of distributive justice, questions that require a normative theory of the right to tax. This essay seeks to evaluate the current distribution of tax rights by examining whether it can in fact be justified within the main approaches to distributive justice.
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Zysset, Alain. "Human rights: moral or political?" Jurisprudence 10, no. 2 (February 18, 2019): 281–88. http://dx.doi.org/10.1080/20403313.2019.1575617.

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Masiyakurima, Patrick. "The Trouble with Moral Rights." Modern Law Review 68, no. 3 (May 2005): 411–34. http://dx.doi.org/10.1111/j.1468-2230.2005.00544.x.

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Sundara Rajan, Mira T. "Moral rights: the future of copyright law?" Journal of Intellectual Property Law & Practice 14, no. 4 (January 31, 2019): 257–58. http://dx.doi.org/10.1093/jiplp/jpz008.

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Sorial, Sarah. "Law, Cosmopolitan Law and the Protection of Human Rights." Journal of International Political Theory 4, no. 2 (October 2008): 241–64. http://dx.doi.org/10.3366/e1755088208000232.

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In Between Facts and Norms, Habermas articulates a system of rights, including human rights, within the democratic constitutional state. For Habermas, while human rights, like other subjective rights have moral content, they do not structurally belong to a moral system; nor should they be grounded in one. Instead, human rights belong to a positive and coercive legal order upon which individuals can make actionable legal claims. Habermas extends this argument to include international human rights, which are realised within the context of a cosmopolitan legal order. The aim of this paper is to assess the relevance of law as a mechanism for securing human rights protection. I argue that positive law does make a material difference to securing individual human rights and to cultivating and augmenting a general rights culture both nationally and globally. I suggest that Habermas' model of law presents the most viable way of negotiating the tensions that human rights discourse gives rise to: the tensions between morality and law, between legality and politics, and between the national and international contexts of human rights protection.
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Dissertations / Theses on the topic "Moral rights in law"

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Ang, Steven. "The moral dimensions of intellectual property rights." Thesis, Queen Mary, University of London, 2011. http://qmro.qmul.ac.uk/xmlui/handle/123456789/9008.

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The Moral Dimensions of Intellectual Property Rights explores the various aspects of IPRs in which moral evaluation and claims play a role. According to R M Hare, moral concepts and reasoning are characterized by the universalization of prescriptions. Universalization links the various dimensions in a way that rationally forces us to revise the moral basis of the various claims we make for, about and of IPRs, and ultimately provides grounds for their reform. The method of reflective equilibrium is focused in the first place on Hare’s meta- ethics, to derive a reformulation which is herein called fundamental prescriptivism. This requires a foundational set of moral principles to work. Our expectation that moral principles and values must serve to guide us, and resolve conflict between us, with objective rational force, provides the basis for adopting such a set of fundamental prescriptions. These sum up in the equal right to freedom and well- being as the ultimate basis for moral evaluation of our institutions. An implication of this right is that property in IPR systems must be balanced with participation rights (moral and legal) of the public to a public domain which allows individuals to have access to, and use, objects of intellectual property. When, in seeking reflective equilibrium, this is applied to the various aspects of IPRs, the result is an exploration of the inter-connectedness of following: justification of IPRs based on this equal right to freedom and well-being; explanation of the function of, and justification for, the presence of moral concepts and terms in national and international IPR rules; the commitments implied by use of these moral ideas for our obligations in respect of the way we enjoy, exploit and enforce our IPRs, and, ultimately, our duty to reform of IPRs in ways that respects the participation rights implied by this principle.
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Almawla, Hanan Mohamed. "Moral rights in the conflict-of-laws : alternatives to the copyright qualifications." Thesis, Queen Mary, University of London, 2012. http://qmro.qmul.ac.uk/xmlui/handle/123456789/8730.

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This thesis examines the intersection between authors' moral rights and conflict-of-laws. The research question has been triggered by two important, interlinked factors. The first is that the currently applicable choice-of-law rules to moral rights are the same as those applicable to copyright. The second concerns the fact that moral rights are different from copyright - both in their nature and in the interest they aim to protect. Since these two factors coincide, it is questionable whether it ought to be the case that moral rights are subjected to the same choice-of-law rules as are applicable to copyright. The thesis therefore aims to discover whether the currently applicable choice-oflaw rules available in the context of moral rights are suitable for achieving the goals and objectives of conflict-of-laws. In the course of this thesis, I evaluate the potential validity of detaching moral rights from copyright in conflict-oflaws and instead attaching it to the characterization model of general personality rights. The research question is mainly addressed from the perspective of Rome I and Rome II Regulations. However, as there is no EU harmonization concerning general personality rights in conflict-of-laws, the examination will be directed towards France and England as examples of civil and common law traditions. Moreover, reference will also be made to CLIP and ALI principles by reason of comparison.
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Banks, Catherine, and n/a. "Lost in Translation: A History of Moral Rights in Australian Law." Griffith University. Griffith Law School, 2005. http://www4.gu.edu.au:8080/adt-root/public/adt-QGU20061006.114720.

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This thesis is a history of moral rights in Australian law. It traces the historical discourse about moral rights in Australian law and demonstrates how that discourse has shaped the meaning moral rights have come to assume in their current form under the current regime contained in the Copyright Amendment (Moral Rijghts) Act 2000. This history examines the reception and later production of a moral rights discourse in Australian law, and reveals that the historical discourse about Australian moral rights was dominated by the three themes; foreignness, international obligation and economic impact. I contend these three themes fundamentally shaped moral rights as they now appear in the moral rights regime. As the history unfolds, it will become clear that the moral rights regime was organised around a specific repertoire of arguments and imaginings, and it is this discourse that informs this thesis. My argument is pursued in three stages. Section One of the thesis provides the historical detail of the moral rights trajectory in Australian jurisprudence, and reveals, within that history, the emergence of three dominant themes, which are pursued in subsequent detail. In addition to the history, this section also provides detailed discussion of the legislative provisions in order to illustrate moral rights as a product of the history, and it highlights some of the shortcomings of the regime and provides some background for the case study in Section Two. Section Two of the thesis interrogates the structure of the moral rights regime by applying the Act's provisions to the case study of indigenous creators, thus providing a contemporary example of how these rights may work in practice, as the result of the historical discourse. Thus this section sets the scene for final part of the thesis, which delves further into the historical discourse. Section Part Three follows the themes of the moral rights debate as they emerged historically. Reconceptualizing the moral rights discourse in this way helps to explain why the debates about moral rights took a particular course and produced the outcomes it did. The starting point for these discussions is a detailed examination of the themes of foreignness, international obligation and economic impact, and follows these themes as they evolved chronologically. In particular, the discussion reveals that the debates about moral rights effectively fall into two eras. The first era (1928-1988) centred around the question of whether Australia should introduce moral rights and the debates about the appropriateness of the reception. At the commencement of the second era (1988-2000) the question shifted to what form moral rights should take. This then provides a backdrop with which to understand why specific discussions about moral rights were sidelined during the years of debates leading up to the legislation; in particular, the subject and the object; which form the fulcrum of a moral rights action. This is an essential part of the history because it explains why the subject and the object came to be imagined and constructed in such a narrow and limited way and clarifies why the moral rights provisions appear manifestly ineffective, particularly for indigenous creators and their communities. This thesis contributes to legal history in three important ways. First, it provides a detailed account of a discourse about moral rights in Australian law, and in doing so challenges the long held assumptions about their reception and production. Second, it highlights the importance of history to legal discourse. Just as regulatory regimes, institutions, and rules are integral to the law, so too are the informal practices, discourses and contexts on which they were based. Third, it reminds the reader that history is a signpost, and this history of moral rights demonstrates that the way this law was derived, imagined and constructed has significance for the social, cultural and legal context in which that process takes place.
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Banks, Catherine. "Lost in Translation: A History of Moral Rights in Australian Law." Thesis, Griffith University, 2005. http://hdl.handle.net/10072/365849.

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This thesis is a history of moral rights in Australian law. It traces the historical discourse about moral rights in Australian law and demonstrates how that discourse has shaped the meaning moral rights have come to assume in their current form under the current regime contained in the Copyright Amendment (Moral Rijghts) Act 2000. This history examines the reception and Inter production of a moral rights discourse in Australian law, and reveals that the historical discourse about Australian moral tights was dominated by the three themes; foreignness, international obligation and economic impact. I contend these three themes fundamentally shaped moral rights as they now appear in the moral rights regime. As the history unfolds, it will become clear that the moral rights regime was organised around a specific repertoire of arguments and imaginings, and it is this discourse that informs this thesis. My argument is pursued in three stages. Section One of the thesis provides the historical detail of the moral rights trajectory in Australian jurisprudence, and reveals, within that history, the emergence of three dominant themes, which are pursued in subsequent detail. In addition to the history, this section also provides detailed discussion of the legislative provisions in order to illustrate moral rights as a product of the history, and it highlights some of the shortcomings of the regime and provides some background for the case study in Section Two. Section Two of the thesis interrogates the structure of the moral rights regime by applying the Act's provisions to the case study of indigenous creators, thus providing a contemporary example of how these rights may work in practice, as the result of the historical discourse. Thus this section sets the scene for final part of the thesis, which delves further into the historical discourse. Section Part Three follows the themes of the moral rights debate as they emerged historically. Reconceptualizing the moral tights discourse in this way helps to explain why the debates about moral rights took a particular course and produced the outcomes it did. The starting point for these discussions is a detailed examination of the themes of foreignness, international obligation and economic impact, and follows these themes as they evolved chronologically. In particular, the discussion reveals that the debates about moral rights effectively fall into two eras. The first era (1928-1988) centred around the question of whether Australia should introduce moral rights and the debates about the appropriateness of the reception. At the commencement of the second era (1988-2000) the question shifted to what form moral rights should take. This then provides a backdrop with which to understand why specific discussions about moral rights were sidelined during the years of debates leading up to the legislation; in particular, the subject and the object; which form the fulcrum of a moral rights action. This is an essential part of the history because it explains why the subject and the object came to be imagined and constructed in such a narrow and limited way and clarifies why the moral rights provisions appear manifestly ineffective, particularly for indigenous creators and their communities. This thesis contributes to legal history in three important ways. First, it provides a detailed account of a discourse about moral rights in Australian law, and in doing so challenges the long held assumptions about their reception and production. Second, it highlights the importance of history to legal discourse. Just as regulatory regimes, institutions, and rules are integral to the law, so too are the informal practices, discourses and contexts on which they were based. Third, it reminds the reader that history is a signpost, and this history of moral rights demonstrates that the way this law was derived, imagined and constructed has significance for the social, cultural and legal context in which that process takes place.
Thesis (PhD Doctorate)
Doctor of Philosophy (PhD)
Griffith Law School
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Sundara, Rajan Mira T. "Moral rights and creative freedom : a study of post-Communist law reform in Russia." Thesis, University of Oxford, 2003. https://ora.ox.ac.uk/objects/uuid:122cdd46-230a-42a3-b163-59e60c128dbb.

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This thesis explores the relationship between law reform and social transformation in post-socialist countries. It deals with the doctrine of the moral right of the author, an aspect of copyright law that seeks to protect the personal interests of an author or artist in his creative work. The thesis argues that moral rights can make an important contribution to democratisation in the post-socialist world. The doctrine of moral rights helps to provide adequate and appropriate protection for creative freedom, an unequalled source of diversity and integrity in the realm of ideas - the very essence of democratic values. In spite of their importance for post-socialist countries, moral rights have not been a focus of copyright reform. Rather, new copyright laws reflect the pressure to conform to international standards, especially those set by the World Trade Organisation (WTO). The WTO considers copyright to be an area of commercial regulation with crucial implications for the international trade regime; its personal and cultural aspects, especially moral rights, are viewed with suspicion. As a result, moral rights have not been emphasised in post-socialist law reform, and, more generally, there has been little investigation of their implications for the special needs of transitional and economically less-developed countries. To illustrate this situation, the thesis undertakes a detailed study of moral rights in Russia. It shows that Soviet Russia had developed legal protection for moral rights in its copyright law. However, the extreme censorship practices of an autocratic state meant that moral rights had little practical value for authors and artists. Instead, their potential contribution to creative freedom remained virtually unrealised. In post-Communist times, law reform has focussed on bringing Russian copyright law into line with WTO requirements. However, given the importance of creative freedom for social change in post-Communist Russia and the special suitability of moral rights doctrine to protecting creativity, Russia should now reconsider its treatment of moral rights. This thesis argues that moral rights should be an integral part of copyright law and policy in all post-socialist countries. It goes on to suggest that the development of moral rights after socialism will be facilitated by new conceptual approaches to the doctrine. In particular, a consideration of the manipulative treatment of authors and artists, and the passive role of copyright law in socialist society shows moral rights to be closely aligned with freedom of creativity. The thesis proposes a "new" model of moral rights for post-socialist societies, based on the close relationship between the moral rights of authors and the human right to free creative expression. This model is not only relevant to the post-socialist world; it also provides a new way of looking at moral rights in the international community, which faces an authentic, though largely unacknowledged, need to affirm the humanistic values inherent in culture and creativity.
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Letourneau, Lyne. "Animal protection law in Great Britain : in search of the existing moral orthodoxy." Thesis, University of Aberdeen, 2000. http://digitool.abdn.ac.uk/R?func=search-advanced-go&find_code1=WSN&request1=AAIU602287.

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Omnipresent in Western society, the idea of progress is commonly advanced in relation to the development of animal protection law in Great Britain. Essentially, it is argued that the law now recognises that animals are worthy of moral consideration in their own right, that is, that they count or matter morally. From the concept of "animal as object" to that of "animal as person", indeed, the history of Western philosophical thinking bears witness to a progressive acknowledgement of animals (or, at least, of some animals) as full members of the moral community, along with all human beings. However, as political theorist Robert Garner argues in his book Animals, Politics and Morality, public policy is never simply a product of moral principles. Rather, influenced by pressure groups, it is the result of a process based on negotiation and compromise. That being the case, in the present thesis, I ask whether Great Britain has truly been the scene of moral progress through the development of animal protection law and to what extent one may speak of moral progress at all in relation to this area of law. Is animal protection law in Great Britain moving away from the traditional moral position that animals are exclusively means to human ends, thereby granting moral standing and equal moral status to animals The answer to this question lies with identifying the philosophical conception of the relations between humans and animals which is expressed through the body of animal protection law in this country. For animals' moral status within the law ensues directly from it. In the first chapter, following the great influence the position plays in the contemporary debate over our moral treatment of animals, I use Tom Regan's theory of animal rights to assess whether animal protection law in Great Britain reflects a conception of human-animal relations that is consistent with a recognition that animals possess moral rights. In the second chapter, I defend the view that animal protection law in Great Britain does not reflect utilitarianism - a position that has been popularised in animal ethics by moral philosopher Peter Singer. In the third chapter, building on the distinctive features of animal protection law in Great Britain which have emerged from the analysis in Chapters I and II, I contend that the law reflects "group egoism" - a form of consequentialism which falls between ethical egoism and utilitarianism. To be sure, what comes forth as the dominant position underlying animal protection law in Great Britain is that human beings protect animals only to the extent to which benefit is provided to them in return, or, at the very least, to the extent that so doing does not impinge on their interests in animal use. Does this position represent any kind of moral progress In the context of changing human attitudes towards animals and the development of animal protection law, I argue that it does. However, this moral progress carries no recognition that animals are worthy of moral consideration in their own right, that is, that they count or matter morally. Far from doing away with the traditional position that animals are exclusively means to human ends, animal protection law in Great Britain fits in with this way of thinking and grants to animals an instrumental value only.
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Loff, Beatrice. "Health and human rights : case studies in the potential contribution of a human rights framework to the analysis of health questions." Monash University, Dept. of Epidemiology and Preventive Medicine, 2004. http://arrow.monash.edu.au/hdl/1959.1/5291.

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Beaudry, Jonas-Sébastien. "Can social contract theory fully account for the moral status of profoundly mentally disabled people?" Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:7ec42c39-8ee1-470c-b107-8625c97f610a.

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My hypothesis is that social contract theory does not satisfactorily explain why we owe a serious concern or respect to profoundly mentally disabled individuals (PMD). This is a problem for social contract theories if we assume, like I do in this dissertation, that the PMD possess a robust moral status (RMS). My dissertation will explore the main strategies deployed by contractarian and contractualist theorists to bring the PMD within the purview of the social contract, in order to clarify why some aspects of their claims are promising but why they nonetheless fail to fully explain the robust moral status of the PMD. I notably find that they leave morally important dimensions of human relations out of the contractual frame, which means that they exclude the PMD from the scope of justice and morality when they claim that this contractual frame offers the only valid explanation to be a subject of justice and a moral patient. I do not conclude that this requires us to reject social contract theory altogether, nor do I count it as a reason to question whether the PMD have a robust moral status. In my concluding chapter, I will rather suggest a theoretical frame that has the potential of incorporating both contractual and non-contractual relations within the spheres of morality and justice, because both kinds of relation vehicle important intuitions about what is of value in human life. This dissertation will contribute to orientate future research on the moral and political grounds for the rights of profoundly mentally disabled people, as well as question or curtail the breadth of certain key assumptions of social contract theories.
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van, Popering Ruben. "Jain Vegetarian Laws in the City of Palitana : Indefensible Legal Enforcement or Praiseworthy Progressive Moralism?" Thesis, Linköpings universitet, Centrum för tillämpad etik, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-119663.

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The city of Palitana, India, has become the first region known to legally install de facto meat bans, essentially making Palitana a vegetarian city by law. These legal steps seem to be the direct result of social pressure put on local legislators in the form of a mass hunger strike performed by local Jain monks. This thesis is aimed at discussing the background of this case, its connections to a broader general discussion of moral and ethical vegetarianism, and arguments in favor of and against the legal installment of a meat ban in the Palitana case. It is concluded that although the meat ban is ideologically and theoretically speaking ethically justifiable and defensible it is in practice, at least in its current form, not ethically desirable.
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Olsson, Johanna. "A European Right to Assisted Suicide? Moral Justifications of the ECtHR Case Law." Thesis, Malmö universitet, Fakulteten för kultur och samhälle (KS), 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-23180.

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This thesis seeks to investigate whether the current European Court of Human Rights case-law on assisted suicide can be justified using Kantian or Utilitarian arguments. The theory, consisting of Utilitarianism and Kantianism, is applied to three key cases arguing a right to assisted suicide under Article 8 of the European Convention on Human Rights; Pretty v. the United Kingdom, Haas v. Switzerland and Koch v. Germany. Using argumentation analysis, arguments based on the case-law in combination with the two theories are presented and discussed. In a discussion centered around concepts such as autonomy, utility and rationality, the thesis concludes that the two theories are indeed useful in justifying the case-law on assisted suicide. The observation that the two theories can justify the same actions on different grounds concludes the essay, before ideas encouraging future research are presented.
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Books on the topic "Moral rights in law"

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Garnett, Kevin. Moral rights. London: Sweet & Maxwell, 2002.

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Immovable laws, irresistible rights: Natural law, moral rights, and feminist ethics. Lawrence, Kan: University Press of Kansas, 2000.

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Natural rights and the right to choose. Cambridge: Cambridge University Press, 2003.

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Privacy rights: Moral and legal foundations. University Park, Pa: Pennsylvania State University Press, 2010.

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The proliferation of rights: Moral progress or empty rhetoric? Boulder, Colo: Westview Press, 1999.

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Moore, Adam D. Privacy rights: Moral and legal foundations. University Park, Pa: Pennsylvania State University Press, 2010.

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Sainsbury, Maree. Moral rights and their application in Australia. Sydney: Federation Press, 2003.

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Constitutional rights, moral controversy, and the Supreme Court. New York: Cambridge University Press, 2008.

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1944-, Butler Clark, ed. Child rights, home schooling, and moral education. West Lafayette, Ind: Purdue University Press, 2008.

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Lee, Arthur D. The abortion issue: Fetal rights and the law. Toronto: Human Life Research Institute, 1989.

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Book chapters on the topic "Moral rights in law"

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Wellman, Carl. "Moral Rights and Positive Law." In An Approach to Rights, 117–26. Dordrecht: Springer Netherlands, 1997. http://dx.doi.org/10.1007/978-94-015-8812-6_7.

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Lyons, David. "Rights, Moral and Legal." In Encyclopedia of the Philosophy of Law and Social Philosophy, 1–8. Dordrecht: Springer Netherlands, 2017. http://dx.doi.org/10.1007/978-94-007-6730-0_370-1.

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Lyons, David. "Legal and Moral Rights." In Encyclopedia of the Philosophy of Law and Social Philosophy, 1–5. Dordrecht: Springer Netherlands, 2018. http://dx.doi.org/10.1007/978-94-007-6730-0_406-1.

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Lyons, David. "Legal and Moral Rights." In Encyclopedia of the Philosophy of Law and Social Philosophy, 1–8. Dordrecht: Springer Netherlands, 2022. http://dx.doi.org/10.1007/978-94-007-6730-0_370-2.

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Lyons, David. "Legal and Moral Rights." In Encyclopedia of the Philosophy of Law and Social Philosophy, 1–5. Dordrecht: Springer Netherlands, 2023. http://dx.doi.org/10.1007/978-94-007-6730-0_406-2.

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Haakonssen, Knud. "The Moral Conservatism of Natural Rights." In Natural Law and Civil Sovereignty, 27–42. London: Palgrave Macmillan UK, 2002. http://dx.doi.org/10.1057/9781403919533_3.

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Hart, Tina, Simon Clark, and Linda Fazzani. "Ownership and duration of copyright, moral rights and artist’s resale right." In Intellectual Property Law, 211–19. London: Macmillan Education UK, 2013. http://dx.doi.org/10.1007/978-1-137-06736-4_17.

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Hart, Tina, and Linda Fazzani. "Ownership and Duration of Copyright and Moral Rights." In Intellectual Property Law, 163–69. London: Macmillan Education UK, 1997. http://dx.doi.org/10.1007/978-1-349-14129-6_19.

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Rub, Guy A. "The Challenges of Posthumous Moral Rights." In Posthumous Art, Law and the Art Market, 21–31. New York: Routledge, 2022. http://dx.doi.org/10.4324/9781003185697-4.

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Moka-Mubelo, Willy. "The Moral-Legal Janus Face of Human Rights." In Reconciling Law and Morality in Human Rights Discourse, 127–46. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-49496-8_5.

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Conference papers on the topic "Moral rights in law"

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Hron, Igor. "Historical Traces of Moral Rights in Common Law." In Mezinárodní konference doktorských studentů oboru právní historie a římského práva. Brno: Masaryk University Press, 2022. http://dx.doi.org/10.5817/cz.muni.p280-0156-2022-5.

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The paper aims to track the traces of moral rights in common law, since it is a usual misconception that common law system of copyright protection is incompatible with the moral rights and the rights were consequently adopted to formally satisfy the international legal framework. The paper firstly outlines the regulatory context in which the rights comparable to continental jurisdictions had the chance to be acknowledged. Then it proceeds to an analysis of doctrinal sources as well as case-law of the highest judicial authorities that have touched upon these questions and developed comparable solutions to the jurisdictions traditionally protecting moral rights.
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Tallova, Lydie. "ROLE OF MORAL RIGHTS IN DIGITIZATION OF COPYRIGTED WORKS." In SGEM 2014 Scientific SubConference on POLITICAL SCIENCES, LAW, FINANCE, ECONOMICS AND TOURISM. Stef92 Technology, 2014. http://dx.doi.org/10.5593/sgemsocial2014/b21/s5.103.

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BAKER, Jennifer. "VIRTUE ETHICS BEHIND RIGHTS." In Proceedings of The Third International Scientific Conference “Happiness and Contemporary Society”. SPOLOM, 2022. http://dx.doi.org/10.31108/7.2022.4.

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Virtue ethics is not typically invoked by academics today for the evaluation of political systems or political action. We could, however, recognize its potential role in this regard, turning to the history of its use as illustration. Interpreters who have attempted to theorize about political rights apart from moral psychology fail to recognize the support the underlying moral psychology provides to the notion of rights. Contemporary objections to the use of ethical theory in justifying rights may assume political theory is adequate enough when kept in terms that abstract away from any particular aspects of moral psychology. Yet a virtue-based approach to political system recognizes the desires for freedom, the risk of preferences being subsumed into a consequentialist assessment, and more readily enables agents themselves to assess what is necessary to condemn political systems as well as political efforts, such as the Russian invasion of Ukraine. Key words: Rights, Law, Moral Psychology, Cicero, Virtue, Rawls, Virtue Ethics
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Andreeva, Andriyana, and Galina Yolova. "LEGAL ASPECTS OF THE BALANCE BETWEEN PERSONAL AND PROFESSIONAL LIFE." In THE LAW AND THE BUSINESS IN THE CONTEMPORARY SOCIETY 2020. University publishing house "Science and Economics", University of Economics - Varna, 2020. http://dx.doi.org/10.36997/lbcs2020.330.

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The paper examines two main and interconnected aspects of the life of a person - personal and professional. The topic has both - his life and moral side, as well as a legal regulation in the sphere of Family and Labour Law. This question is relatively rarely examined in the national legal doctrine, which along with the new digital challenges is the ground for the interest of the authors. The complex examination puts some accents, directed to the clarification of the borders and the needed balance between the two spheres with the idea of guaranteeing the subjective personal rights. With view of achieving the set aim the authors make actual normative as well as retrospective analysis, as a result of which tendencies are marked, proposals with theoretical and practical direction are made.
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Shesterina, Victoria. "Protection of intangible benefits as a priority form of legal protection." In Current problems of jurisprudence. ru: Publishing Center RIOR, 2021. http://dx.doi.org/10.29039/02058-6/317-326.

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The article is devoted to the study of the nature and content of the term “protection of personal non-property rights”. Based on the review of judicial practice, the author concludes that civil protection of intangible assets in the Russian Federation is carried out in the restorative and compensatory directions. The article analyzes such methods of civil protection of intangible benefits as compensation for moral damage and refutation of publicly known information of a defamatory nature. Based on the results of the study, the author concludes that it is necessary to apply innovative methods and techniques of civil law protection of personal non-property rights.
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Glushkova, Svetlana. "Liberal Ideas of B.N. Chicherin: The Past and The Present." In The Public/Private in Modern Civilization, the 22nd Russian Scientific-Practical Conference (with international participation) (Yekaterinburg, April 16-17, 2020). Liberal Arts University – University for Humanities, Yekaterinburg, 2020. http://dx.doi.org/10.35853/ufh-public/private-2020-25.

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Russian liberal heritage, first of all, the scientific works of the famous Russian legal expert Boris Chicherin, is the fundamental basis for the developing science of human rights in modern Russia; it is from this position that this article examines Chicherin’s work. The main purpose of the study is to identify Chicherin’s priorities in shaping new progressive ideas for Russia and to examine the transformation of his views. In examining and analysing Chicherin’s liberal ideas, historical, logical and comparative methods were applied. It has been concluded that Chicherin set the foundation of the liberal theory of human rights, elaborated a set of progressive ideas and a blueprint of reforms, which determined the formation of several generations of liberals in autocratic Russia and are still relevant today. Defending the priority of private law over public law, Chicherin argued: a civil order based on private law must always be free from state absorption. He was among the first in Russia to develop the idea of a constitutional state in relation with the creation of free institutions and the formation of a high intellectual and moral level of society. By developing the new policy of ‘liberal measures and strong state authority’ as an optimal model for Russian state and society, Chicherin gave rise to the formation of political science in Russia. The author believes that the analysis and discussion of Chicherin’s academic writings in university classrooms and at academic conferences contribute to the formation of a culture of human rights, a liberal worldview, a new generation of reformers, and the advancement of the emerging science of human rights.
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Janković, Jelena. "NAČELO PRILAGOĐENOSTI USLUGE I PRAVO NA SLOBODAN IZBOR." In XVII majsko savetovanje. Pravni fakultet Univerziteta u Kragujevcu, 2021. http://dx.doi.org/10.46793/uvp21.1023j.

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The first step of a positive change in the system of service-legal relations is a change of view on the role and importance of service users. By providing opportunity to the service user to be an active and important member of the service-legal relationship, a far-reaching and universal value of humanization of the service economy sector is achieved. In such circumstances, the moral authority of the service law is realized through its justice and through voluntary obedience to the law of the subjects of the service-legal relationship. Precisely, this moral dimension of the rule of law, in the service economy sector is realized by applying the principles of service suitability and the right to free choice. In this regard, the paper analyzes the moral dimension and culture of the rule of law in the service sector, based on the principle of service suitability and the right to free choice, which are presented in the paper as guardians of justice of the service-legal norm.
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Vīnkalna, Evija. "Personas izdarīts noziedzīgs nodarījums un sodāmība kā Latvijas Republikas Satversmē paredzēto tiesību izvēlēties nodarbošanos un darbavietu ierobežojums." In Latvijas Universitātes 80. starptautiskā zinātniskā konference. LU Akadēmiskais apgāds, 2022. http://dx.doi.org/10.22364/juzk.80.21.

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The first sentence of the Section 106 of the Constitution of the Republic of Latvia (Constitution) states that “everyone has the right to freely choose their employment and workplace according to their abilities and qualifications”. These rights are not absolute, the Section 116 of the Constitution provides for possibility of restrictions “in circumstances provided for by law in order to protect the rights of other people, the democratic structure of the State, and public safety, welfare and morals”. The aim of the article is to discuss the legal restrictions on the choice of employment and workplace, their assessment in connection with a criminal offence committed by a person and criminal record.
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Lauc, Zvonimir, and Marijana Majnarić. "EU LEGAL SYSTEM AND CLAUSULA REBUS SIC STANTIBUS." In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18352.

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We are witnesses and participants of Copernican changes in the world which result in major crises/challenges (economic, political, social, climate, demographic, migratory, MORAL) that significantly change “normal” circumstances. The law, as a large regulatory system, must find answers to these challenges. Primarily, these circumstances relate to (i) the pandemic - Corona 19, which requires ensuring economic development with a significant encroachment on human freedoms and rights; (ii) globalization, which fundamentally changes the concept of liberal capitalism as the most efficient system of production of goods and services and democracy as a desirable form of government; (iii) automation, robotics, artificial intelligence, and big data are changing the ways we work, live, communicate, and learn in a Copernican manner. The law should serve to shape the relationship between people in order to realize a life of love and freedom. This is done to the greatest extent through the constitutional engineering of selected institutions. The legal system focuses on institutions that have a raison d'etre in their mission, which is read as “ratio legis”, as a desirable normative and real action in the range of causal and teleological aspect. Crisis situations narrow social cohesion and weaken trust in institutions. It is imperative to seek constitutional engineering that finds a way out in autopoietic institutions in allopoietic environment. We believe that the most current definition of law is that = law is the negation of the negation of morality. It follows that morality is the most important category of social development. Legitimacy, and then legality, relies on morality. In other words, the rules of conduct must be highly correlated with morality - legitimacy - legality. What is legal follows the rules, what is lawful follows the moral substance and ethical permissibility. Therefore, only a fair and intelligent mastery of a highly professional and ethical teleological interpretation of law is a conditio sine qua non for overcoming current anomalies of social development. The juridical code of legal and illegal is a transformation of moral, legitimate and legal into YES, and immoral, illegitimate and illegal into NO. The future of education aims to generate a program for global action and a discussion on learning and knowledge for the future of humanity and the planet in a world of increasing complexity, uncertainty and insecurity.
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Nemţoi, Gabriela. "Interference with Freedom of Expression." In World Lumen Congress 2021, May 26-30, 2021, Iasi, Romania. LUMEN Publishing House, 2022. http://dx.doi.org/10.18662/wlc2021/50.

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Established as a personal right, the right to free speech implies obligations and duties, which may generate possible restrictions. Freedom of expression works correctly in a legal framework when it comes to a legitimate aim in a state law. Article 10, paragraph 2, of the Convention explains the conditions under which the right to freedom of expression is justified by the need to protect certain public interests (such as those relating to national security, the territorial space of the state, public order, the prevention of crimes, the protection of health and social morals, the guarantee of authority and the impartiality of the judiciary) but also to protect certain private interests, such as reputation and the rights of others. persons or the need to prevent the publication of secret information. This paragraph basically authorizes states to take certain measures to protect those interests, which materialize through rules and normative rules of the right to conscience, opinion and freedom of expression States enjoy a margin of appreciation for establishing the need for such reactions in a state governed by the rule of law, but in the end it is also up to the European Court of Human Rights to rule on the compatibility of interference with the provisions of the Convention, assessing on a case-by-case basis if the interference arises as a result of the urgent social issues and whether it is fair.
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Reports on the topic "Moral rights in law"

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Papastergiou, Vasilis. Detention as the Default: How Greece, with the support of the EU, is generalizing administrative detention of migrants. Oxfam, Greek Council for Refugees, November 2021. http://dx.doi.org/10.21201/2021.8250.

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Putting migrants and asylum seekers into detention for administrative reasons is a common practice in Greece, despite this policy contravening human rights. Greek authorities are using detention and the new EU-funded closed compounds as a way to discourage people from seeking asylum in Europe. Detention, as outlined in Greek law, should only be used as a final resort and only then in specific instances. Detention carries with it not only a financial cost, but also a considerable moral cost. Detention without just cause violates basic human rights, such as freedom of movement, the right to health and the right to family life. Alternatives to detention exist and must be prioritized.
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Carrión-Tavárez, Ángel, Luz N. Fernández-López, and Juan Lara. Free Market in Puerto Rico 2022. Institute for Economic Liberty, 2023. http://dx.doi.org/10.53095/13584005.

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The general objective of this study was to assess the knowledge of the main principles of economic liberty and free market, and the affinity with them in Puerto Rico. A questionnaire was constructed and administered that included the dimensions “current situation,” “economic liberty,” “free market,” “individual liberty,” “rule of law,” “property rights,” “limited government,” “challenges of free market,” “moral agency,” “social welfare,” and “meritocracy.” In addition, a ranking of a series of principles of economic liberty and free market was created, according to their importance to participants and the functioning of those principles in Puerto Rico.
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Levine, Ross. Law, Endowments, and Property Rights. Cambridge, MA: National Bureau of Economic Research, August 2005. http://dx.doi.org/10.3386/w11502.

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Ferreiro, Maria de Fátima. Land and Law: Reciprocal Rights and Duties in Private Property. DINÂMIA'CET-IUL, 2006. http://dx.doi.org/10.7749/dinamiacet-iul.wp.2006.55.

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Silverman, Allison. Using International Law to Advance Women’s Tenure Rights in REDD+. Rights and Resources Initiative, June 2015. http://dx.doi.org/10.53892/uyna2326.

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Reducing Emissions from Deforestation and Forest Degradation (REDD+) is an international initiative to mitigate climate change in the forest sector. It is intended to incentivize developing countries to reduce greenhouse gas emissions from deforestation and forest degradation, as well as promote sustainable management of forests, and conservation and enhancement of forest carbon stocks. REDD+ has significant implications for land and resource rights, and raises particular concerns for women. These concerns arise from discrimination that women already face in resource management processes, largely due to unclear, unsecure and unequal tenure rights. Women represent a large percentage of the world’s poor, and they are often directly dependent on natural resources. As a result, there are significant risks that REDD+ could exacerbate existing inequalities for women if it fails to respect women’s tenure rights. This paper makes a case for advancing women’s tenure rights and how international law can be used to promote those rights in the context of REDD+.
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Silverman, Allison. Summary: Using International Law to Advance Women’s Tenure Rights in REDD+. Rights and Resources Initiative, June 2015. http://dx.doi.org/10.53892/ymup2358.

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Reducing Emissions from Deforestation and Forest Degradation (REDD+) is a voluntary international initiative to reduce greenhouse gas emissions from deforestation and forest degradation and to promote conservation and sustainable management of forests. It has significant implications for tenure rights, including for women. Although women use forests to support their own as well as their families’ livelihoods, they are frequently overlooked as key stakeholders. Women often face discrimination in resource management processes, largely through unequal, insecure, or unclear tenure rights. Hence, there is a significant risk that the implementation of REDD+ could exacerbate existing inequalities for women. Securing women’s tenure rights is fundamental, as tenure rights provide recognized rights-holders with the ability to be involved in and to benefit from the design and implementation of REDD+ activities.
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Ledlow, Marcia. Nation Building and the Rule of Law: Lessons from the Civil Rights Movement. Fort Belvoir, VA: Defense Technical Information Center, October 2006. http://dx.doi.org/10.21236/ada463503.

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Zwitter, Andrej J. From Needs to Rights—A Socio-Legal Account of Bridging Moral and Legal Universalism via Ethical Pluralism. Librello, May 2013. http://dx.doi.org/10.12924/pag2013.01010074.

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Harris, Jody, Sarah Gibbons, O’Brien Kaaba, Tabitha Hrynick, and Ruth Stirton. A ‘Right to Nutrition’ in Zambia: Linking Rhetoric, Law and Practice. Institute of Development Studies (IDS), August 2021. http://dx.doi.org/10.19088/ids.2021.051.

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Zambians in all walks of life are affected by malnutrition, and working through human rights is one key way to address this injustice. Based on research aiming to understand how a ‘right to nutrition’ is perceived by different actors globally and in Zambia, this brief presents a clear framework for a rights-based approach to nutrition in Zambia. This framework identifies rhetorical, legal and practical functions of human rights, and offers a way to think through clearly how different actors might work on the different aspects of rights. Addressing these three aspects of a right to nutrition all together – instead of by very separate constituencies as happens now – is fundamental to a coherent rights-based approach to nutrition. This brief outlines which actors need to come together – from law and policy, activism and communities, across global, national and local levels – and suggests how to start. It lays out the Zambian policy, legal and practical environment as it stands, and suggests actions to move forward in each of these areas in ways that are consistent with the different aspects of rights. Through these steps, Zambia can become known as a hub of action on a right to nutrition, to join with others in using human rights to address the injustice of malnutrition.
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Blackford, William. The Responsibility to Protect and International Law: Moral, Legal and Practical Perspectives on Kosovo, Libya, and Syria. Portland State University Library, January 2000. http://dx.doi.org/10.15760/etd.2529.

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