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Journal articles on the topic 'Needs-rights'

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Published: 4 June 2021

Last updated: 31 January 2023

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1

Willard, L. Duane. "Needs and Rights." Dialogue 26, no. 1 (1987): 43–54. http://dx.doi.org/10.1017/s0012217300042281.

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It is not difficult to sympathize with the strong impulse among philosophers to attempt to explain, justify, and even define moral concepts in factual terms. For without some kind of grounding in the facts of human nature, we may be quite perplexed concerning what relevance moral concepts have to our actual decisions, actions, and social relationships. Put another way, without grounding moral concepts in facts we may be quite puzzled as to the connections between principles and practice, between the ideal and the actual. The history of ethical theory contains several serious efforts by various philosophers to provide factual grounding for moral concepts, efforts which we cannot here take up.

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2

Wein, Sheldon. "Rights and Needs." Dialogue 26, no. 1 (1987): 55–58. http://dx.doi.org/10.1017/s0012217300042293.

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Willard thinks we should be puzzled and perplexed about the relevance of morality in deciding what to do. His puzzlement stems from not being able to see any connection between facts and values. In particular, he holds that moral rights (if there are any) cannot be based on needs because needs are not really facts and, even if they were, there seems no way to bridge the fact/value gap between needs (construed as facts) and moral rights.

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3

NEUMANN, MICHAEL. "Needs Not Rights." Canadian Journal of Philosophy 22, no. 3 (January 1992): 353–63. http://dx.doi.org/10.1080/00455091.1992.10717285.

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4

Tong, David. "Smoking — rights and needs." Facilities 4, no. 3 (March 1986): 3–4. http://dx.doi.org/10.1108/eb006354.

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5

Piper, Laurence. "Needs and Rights not needs versus rights: expanding Hamilton's conception of politics to include negative rights." South African Journal of Philosophy 25, no. 3 (January 2006): 233–41. http://dx.doi.org/10.1080/02580136.2006.10878214.

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6

Ife, Jim. "Needs, Rights and Democratic Renewal." Nouvelles pratiques sociales 22, no. 1 (May 5, 2010): 38–51. http://dx.doi.org/10.7202/039658ar.

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The way in which a discourse of human needs has been appropriated by neo-liberal perspectives within modernity is well-documented. The construction and definition of “needs” by professionals has been criticised as “the dictatorship of needs”, and has readily excluded people other than professionals and managers from the definition of need. Need becomes objectified, something to be “assessed” by professionals using expert methodologies, rather than involving democratic participation. Here need becomes another excluding professional category, apparently objective and value-free, but in reality ideological. Furthermore, the deficit approach inherent in the idea of “need” runs counter to the more positive “strengths” approach of social work. “Rights” as an alternative to “needs” is superficially a more empowering discourse, and moving from a needs-based to a rights-based approach is therefore intuitively seductive, and has evidently appealed to social workers. However, ideas of “rights”, and especially “human rights” are also embedded within modernity and the privileging of the expert. The conventional discourse of human rights as defined by the UN or other legal bodies, applied universally, and protected through laws and legal institutions, is a negation of any democratic understanding of rights. “Human rights”, like need, thus becomes an objectified discourse of the powerful about the powerless. However the idea of human rights, if constructed from within a more postmodern framing, has the potential to move our understanding of a shared humanity beyond the constraints of modernity. Thus human rights per se is an inadequate, and potentially dangerous, formulation for progressive social work, unless democratic participation is restored to the human rights project. If human rights are understood as being embedded in a community of reciprocal rights and responsibilities, rather than as “things” possessed by individuals, human rights from below can become a powerful framework for the democratic renewal of practice.

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7

Taylor, Angus. "Animal Rights and Human Needs." Environmental Ethics 18, no. 3 (1996): 249–64. http://dx.doi.org/10.5840/enviroethics199618316.

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8

Rock, Paul, and Sandra Walklate. "Acknowledging victims needs and rights." Criminal Justice Matters 35, no. 1 (January 1999): 4–6. http://dx.doi.org/10.1080/09627259908552762.

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9

Wringe, Bill. "Needs, Rights, and Collective Obligations." Royal Institute of Philosophy Supplement 57 (September 2005): 187–207. http://dx.doi.org/10.1017/s1358246100009218.

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Normative political discussion can be conducted in a variety of different vocabularies. One such is the vocabulary of rights; another is that of needs. Others, with which I shall be less immediately concerned, are the vocabularies of common good and perhaps-although one might regard it as such a general term as to be common to almost all the terms in which one might conduct normative discourse-that of moral obligation.

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10

Wringe, Bill. "Needs, Rights, and Collective Obligations." Royal Institute of Philosophy Supplement 57 (December 2005): 187–208. http://dx.doi.org/10.1017/s1358246105057103.

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Normative political discussion can be conducted in a variety of different vocabularies. One such is the vocabulary of rights; another is that of needs. Others, with which I shall be less immediately concerned, are the vocabularies of common good and perhaps—although one might regard it as such a general term as to be common to almost all the terms in which one might conduct normative discourse—that of moral obligation.

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11

Redclift, Michael. "Sustainable Development: Needs, Values, Rights." Environmental Values 2, no. 1 (February 1, 1993): 3–20. http://dx.doi.org/10.3197/096327193776679981.

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12

PALOVIČOVÁ, Zuzana. "Human rıghts: autonomy? Interest or specıfıc needs?" Scientific Papers of Silesian University of Technology. Organization and Management Series 2017, no. 110 (2017): 159–68. http://dx.doi.org/10.29119/1641-3466.2017.110.15.

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13

Kennedy, Helena. "Who needs a Bill of Rights?" Index on Censorship 24, no. 2 (March 1995): 41–43. http://dx.doi.org/10.1080/03064229508535895.

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14

Facio, Alda. "From basic needs to basic rights." Gender & Development 3, no. 2 (June 1995): 16–22. http://dx.doi.org/10.1080/741921804.

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15

Herd, P. "The Care Gap: Needs Versus Rights." Public Policy & Aging Report 19, no. 2 (March 1, 2009): 3–6. http://dx.doi.org/10.1093/ppar/19.2.3.

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16

Taylor, Michael H. "Book Review: Where Needs Meet Rights." Theology 104, no. 817 (January 2001): 64–65. http://dx.doi.org/10.1177/0040571x0110400133.

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17

Amowitz, Lynn, and Vincent Iacopino. "Women's health and human rights needs." Lancet 356 (December 2000): S65. http://dx.doi.org/10.1016/s0140-6736(00)92052-x.

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18

Riddell, Sheila, and Duncan Carmichael. "The biggest extension of rights in Europe? Needs, rights and children with additional support needs in Scotland." International Journal of Inclusive Education 23, no. 5 (February 19, 2019): 473–90. http://dx.doi.org/10.1080/13603116.2019.1580925.

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19

Kemmerer, Lisa. "Animal Rights: What Everyone Needs to Know." Teaching Ethics 12, no. 2 (2012): 201–5. http://dx.doi.org/10.5840/tej201212226.

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20

Greider, William. "Why The Global Economy Needs Worker Rights." WorkingUSA 1, no. 1 (May 6, 1997): 32–44. http://dx.doi.org/10.1111/j.1743-4580.1997.tb00005.x.

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21

WHITE, JULIE A., and JOAN C. TRONTO. "Political Practices of Care: Needs and Rights*." Ratio Juris 17, no. 4 (December 2004): 425–53. http://dx.doi.org/10.1111/j.1467-9337.2004.00276.x.

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22

Hope, Simon. "Subsistence Needs, Human Rights, and Imperfect Duties." Journal of Applied Philosophy 30, no. 1 (February 2013): 88–100. http://dx.doi.org/10.1111/japp.12006.

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23

Roa, Carolina, Ruaraidh Sackville Hamilton, Peter Wenzl, and Wayne Powell. "Plant Genetic Resources: Needs, Rights, and Opportunities." Trends in Plant Science 21, no. 8 (August 2016): 633–36. http://dx.doi.org/10.1016/j.tplants.2016.06.002.

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24

Dalton, Margaret A. "Education rights and the special needs child." Child and Adolescent Psychiatric Clinics of North America 11, no. 4 (October 2002): 859–68. http://dx.doi.org/10.1016/s1056-4993(02)00021-4.

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25

Kjervik, Diane K. "Protecting Rights and Needs of Vulnerable Populations." Journal of Nursing Law 13, no. 3 (September 1, 2009): 67. http://dx.doi.org/10.1891/1073-7472.13.3.67.

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26

Khalil, Elias L. "Book Review: Needs, Rights, and the Market." Review of Radical Political Economics 22, no. 2-3 (June 1990): 291–93. http://dx.doi.org/10.1177/048661349002200217.

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27

LOVE, I. N. "THE NEEDS AND RIGHTS OF OLD AGE." JAMA: The Journal of the American Medical Association 278, no. 16 (October 22, 1997): 1298aa. http://dx.doi.org/10.1001/jama.1997.03550160017006.

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28

Petchesky, Rosalind P. "Rights and Needs: Rethinking the Connections in Debates over Reproductive and Sexual Rights." Health and Human Rights 4, no. 2 (2000): 17. http://dx.doi.org/10.2307/4065194.

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29

Saleh, Lena. "The rights of children with special needs: From rights to obligations and responsibilities." Prospects 29, no. 2 (June 1999): 203–16. http://dx.doi.org/10.1007/bf02736913.

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30

Enarson, E., and M. Fordham. "From women's needs to women's rights in disasters." Environmental Hazards 3, no. 3 (January 2001): 133–36. http://dx.doi.org/10.3763/ehaz.2001.0314.

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31

Painter, Nell Irvin, and Diane McWhorter. "America Needs to Reexamine Its Civil Rights History." Journal of Blacks in Higher Education, no. 32 (2001): 132. http://dx.doi.org/10.2307/2678800.

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32

Bell, Barry R. "Prisoners' Rights, Institutional Needs, and the Burger Court." Virginia Law Review 72, no. 1 (February 1986): 161. http://dx.doi.org/10.2307/1072994.

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33

Hamilton, Lawrence. "Needs, Rights and Political Judgement: Replies to Commentators." South African Journal of Philosophy 25, no. 3 (January 2006): 258–70. http://dx.doi.org/10.1080/02580136.2006.10878217.

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34

Brennan, Sean, Vanessa Bosnjak, and George Williams. "Rights-Based Reconciliation Needs Renewed Action from Canberra." Alternative Law Journal 28, no. 3 (June 2003): 122–26. http://dx.doi.org/10.1177/1037969x0302800305.

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35

Justo, Luis, and Fabiana Erazun. "Neuroethics Needs an International Human Rights Deliberative Frame." AJOB Neuroscience 1, no. 4 (October 14, 2010): 17–18. http://dx.doi.org/10.1080/21507740.2010.515559.

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36

ENARSON, E., and M. FORDHAM. "From women's needs to women's rights in disasters." Global Environmental Change Part B: Environmental Hazards 3, no. 3-4 (September 2001): 133–36. http://dx.doi.org/10.1016/s1464-2867(02)00006-2.

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37

Solomon, Mildred Z. "Modern dying: from securing rights to meeting needs." Annals of the New York Academy of Sciences 1330, no. 1 (November 2014): 105–10. http://dx.doi.org/10.1111/nyas.12581.

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38

Belcher, John R. "Rights Versus Needs of Homeless Mentally III Persons." Social Work 33, no. 5 (September 1, 1988): 398–402. http://dx.doi.org/10.1093/sw/33.5.398.

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39

Hazari, Bharat R., and Ajai Kumar. "Basic Needs, Property Rights and Degradation Of Commons." Pacific Economic Review 8, no. 1 (January 2003): 47–56. http://dx.doi.org/10.1111/1468-0106.00182.

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40

Badillo, Robert P. "The Needs and Rights of Non-Tenured Faculty." Proceedings and Addresses of the American Philosophical Association 69, no. 5 (May 1996): 152. http://dx.doi.org/10.2307/3130648.

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41

Bagiey, Jay M., Dean T. Larson, and Lee Kapaloski. "Satisfying Instream Flow Needs Under Western Water Rights." Journal of Water Resources Planning and Management 111, no. 2 (April 1985): 171–91. http://dx.doi.org/10.1061/(asce)0733-9496(1985)111:2(171).

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42

Maguire, Mike. "The Needs and Rights of Victims of Crime." Crime and Justice 14 (January 1991): 363–433. http://dx.doi.org/10.1086/449190.

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43

Alkire, Sabina. "Needs and Capabilities." Royal Institute of Philosophy Supplement 57 (September 2005): 229–51. http://dx.doi.org/10.1017/s1358246100009231.

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How should actions to redress absolute human deprivation be framed?1 Current international coordinated actions on absolute poverty are framed by human rights or by goals such as the Millennium Development Goals. But appropriate, effective and sustained responses to needs require localized participation in the definition of those rights/goals/needs and in measures taken to redress them. Human rights or the MDGs do not seem necessarily to require such processes. For this reason some argue that no universal framework can describe economic, social, or cultural rights. Yet to address absolute poverty purely from the local perspective still requires the identification and prioritization of capabilities or needs, and often requires actions by greater-thanlocal institutions, so in practical terms a framework is not rejected without cost. This paper argues that the identification and prioritisation of rights or MDGs can and should be done at an international level, but that they might be framed as capabilities, and that far greater attention need be given to the iterative specification of these rights, and to the ongoing protection of certain agency freedoms. The paper explores how Wiggins' account of need can fruitfully inform the specification of needs claims. It also draws significantly on Sen's work to identify the intrinsic importance of process and opportunity freedoms, and to identify how these can relate to universal priorities.

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44

Alkire, Sabina. "Needs and Capabilities." Royal Institute of Philosophy Supplement 57 (December 2005): 229–52. http://dx.doi.org/10.1017/s1358246105057127.

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How should actions to redress absolute human deprivation be framed? Current international coordinated actions on absolute poverty are framed by human rights or by goals such as the Millennium Development Goals. But appropriate, effective and sustained responses to needs require localized participation in the definition of those rights/goals/needs and in measures taken to redress them. Human rights or the MDGs do not seem necessarily to require such processes. For this reason some argue that no universal framework can describe economic, social, or cultural rights. Yet to address absolute poverty purely from the local perspective still requires the identification and prioritization of capabilities or needs, and often requires actions by greater-than-local institutions, so in practical terms a framework is not rejected without cost. This paper argues that the identification and prioritisation of rights or MDGs can and should be done at an international level, but that they might be framed as capabilities, and that far greater attention need be given to the iterative specification of these rights, and to the ongoing protection of certain agency freedoms. The paper explores how Wiggins’ account of need can fruitfully inform the specification of needs claims. It also draws significantly on Sen’s work to identify the intrinsic importance of process and opportunity freedoms, and to identify how these can relate to universal priorities.

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45

May, John D'Arcy. "Human Rights as Land Rights in the Pacific." Pacifica: Australasian Theological Studies 6, no. 1 (February 1993): 61–80. http://dx.doi.org/10.1177/1030570x9300600104.

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Do human rights in their conventional, Western understanding really meet the needs of Pacific peoples? This article argues that land rights are a better clue to those needs. In Aboriginal Australia, Fiji, West Papua and Papua New Guinea, case studies show that people's relationship to land is religious and implicitly theological. The article therefore suggests that rights to land need to be supplemented by rights of the land extending to the earth as the home of the one human community and nature as the matrix of all life.

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46

Pinzani, Alessandro. "The grammar of rights and the grammar of needs." Human Affairs 29, no. 3 (July 26, 2019): 328–38. http://dx.doi.org/10.1515/humaff-2019-0027.

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Abstract The paper is structured into four parts. Firstly I discuss the connection between the concept of injustice and the idea of human or individual rights. The claim is quite trivial: the language of rights has been and is still used as a strategy to demand correctives against injustice. Since this strategy has negative effects, of which concrete examples are given, I suggest a different grammar be adopted, the grammar of needs, which is what societies adopt in their justificatory discourses anyway. This leads into a consideration of how social criticism could start precisely from such discourses and why, under specific circumstances, the grammar of needs could represent a better strategy for this criticism than the language of rights does.

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47

Papathanassoglou, Elizabeth DE, and Stefania Chrisospathi. "Who needs rights? … Reflections on Hellenic critical care patients." Nursing in Critical Care 13, no. 2 (March 2008): 61–63. http://dx.doi.org/10.1111/j.1478-5153.2008.00269.x.

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48

Floyd, Rita. "Why We Need Needs-Based Justifications of Human Rights." Journal of International Political Theory 7, no. 1 (April 2011): 103–15. http://dx.doi.org/10.3366/jipt.2011.0008.

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49

Waldman, Ellen. "Substituting needs for rights in mediation: Therapeutic or disabling?" Psychology, Public Policy, and Law 5, no. 4 (December 1999): 1103–22. http://dx.doi.org/10.1037/1076-8971.5.4.1103.

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50

Finlayson, Donald J. "What a Layperson Needs to Know About Water Rights." Journal of Irrigation and Drainage Engineering 115, no. 3 (June 1989): 457–62. http://dx.doi.org/10.1061/(asce)0733-9437(1989)115:3(457).

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