Kliknij ten link, aby zobaczyć inne rodzaje publikacji na ten temat: The right to liberty.
Artykuły w czasopismach na temat „The right to liberty”
Utwórz poprawne odniesienie w stylach APA, MLA, Chicago, Harvard i wielu innych
Sprawdź 50 najlepszych artykułów w czasopismach naukowych na temat „The right to liberty”.
Przycisk „Dodaj do bibliografii” jest dostępny obok każdej pracy w bibliografii. Użyj go – a my automatycznie utworzymy odniesienie bibliograficzne do wybranej pracy w stylu cytowania, którego potrzebujesz: APA, MLA, Harvard, Chicago, Vancouver itp.
Możesz również pobrać pełny tekst publikacji naukowej w formacie „.pdf” i przeczytać adnotację do pracy online, jeśli odpowiednie parametry są dostępne w metadanych.
Przeglądaj artykuły w czasopismach z różnych dziedzin i twórz odpowiednie bibliografie.
1
Ambika Prashad Misra. "Right of Life and Personal Liberty and Indian Constitution: New Changing Dimensions." Journal of Information Systems Engineering and Management 10, no. 3 (2025): 1271–75. https://doi.org/10.52783/jisem.v10i3.8920.
Pełny tekst źródłaStreszczenie:
Right to life and personal liberty is the most cherished and pivotal fundamental human rights around which other rights of the individual revolve. Due to constitutional jurisprudential approach article 21 is become the celebrity provision of the Indian Constitution and "right to life and personal liberty" provides a liberty to everyone in their respective sphere. The trinity i.e. liberty, equality and fraternity always blossoms and enlivens the flower of human dignity. One of the gifts of democracy to mankind is the right to personal liberty. The evolution of basic concept makes it imperative that the concept of right to life and personal liberty should be examined a new with reference to development, meaning, width and depth, along with judicial interpretation, justification for such liberal. Henceforth, this paper deal with the meaning of the concept, to summarize the constituent assembly debates over this article and analysis its evolution through judicial interpretation in present scenario.
2
Wells, Mark, Scott Simmons, and Diana Klim. "LIBERTY FOR CORVIDS." Public Affairs Quarterly 31, no. 3 (2017): 231–54. http://dx.doi.org/10.2307/44732794.
Pełny tekst źródłaStreszczenie:
Abstract We argue that at least some corvids morally ought to be granted a right to bodily liberty in the US legal system and relevantly similar systems. This right would grant immunity to frivolous captivity and extermination. Implementing this right will require new legislation or the expansion of existing legislation including the elimination of various "pest" clauses. This paper proceeds in three parts. First, we survey accounts of the moral grounds of legal rights. Second, to establish an overlapping consensus supporting corvid bodily liberty rights, we survey the empirical literature on corvid cognition. Third, we illustrate what a corvid right to bodily liberty might look like, by looking to recent developments in animal law, as well as previous advocacy on behalf of primates and cetaceans.
3
Kates, Carol A. "Reproductive Liberty and Overpopulation." Environmental Values 13, no. 1 (2004): 51–79. http://dx.doi.org/10.1177/096327190401300104.
Pełny tekst źródłaStreszczenie:
Despite substantial evidence pointing to a looming Malthusian catastrophe, governmental measures to reduce population have been opposed both by religious conservatives and by many liberals, especially liberal feminists. Liberal critics have claimed that ‘utilitarian’ population policies violate a ‘fundamental right of reproductive liberty’. This essay argues that reproductive liberty should not be considered a fundamental human right, or certainly not an indefeasible right. It should, instead, be strictly regulated by a global agreement designed to reduce population to a sustainable level. Three major points are discussed: 1) the current state of the overpopulation problem; 2) the claim of a fundamental human right of reproductive liberty; 3) an outline of a global agreement to address overpopulation as a ‘tragedy of the commons’.
4
Moore, Michael S. "LIBERTY AND THE CONSTITUTION." Legal Theory 21, no. 3-4 (2015): 156–241. http://dx.doi.org/10.1017/s1352325216000057.
Pełny tekst źródłaStreszczenie:
ABSTRACTThe article uses the recent U.S. Supreme Court decision in the same-sex marriage caseObergefell v. Hodgesas the springboard for a general enquiry into the nature and existence of a constitutional right to liberty under the American Constitution. The discussion is divided into two main parts. The first examines the meaning and the justifiability of there being a moral right to liberty as a matter of political philosophy. Two such rights are distinguished and defended: first, a right not to be coerced by the state when the state is motivated by improper reasons (prominent among which are paternalistic reasons); and second, a right not to be coerced by the state when there are insufficient justifying reasons for the state to do so, irrespective of how such state coercion may be motivated. Neither right is regarded as “absolute,” and so it is morally permissible for the state to override such rights in certain circumstances. The second part of the article examines the distinct and additional considerations that must be taken into account when these two moral rights to liberty are fashioned into corresponding legal rights under American constitutional law. Both such rights survive the transformation, but each becomes altered somewhat in its content. This legal transformation includes recognition of the nonabsolute nature of moral rights, such recognition taking the form of some doctrine of “compelling state interests.” The discussion in these two main parts of the article is prefaced with a defense of the article's use of political philosophy to inform constitutional law, a defense motivated by Chief Justice Robert's denunciation of such an approach to constitutional law in his opinion inObergefell.
5
Lazareva, Daria. "Subject matter, content and structure of the right to freedom and personal inviolability: problem aspects." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 3, no. 3 (2021): 72–79. http://dx.doi.org/10.31733/2078-3566-2021-3-72-79.
Pełny tekst źródłaStreszczenie:
The scientific article draws attention to the subject of the right to liberty and security of person and its place in the science of legal law. The content of this right in terms of its components is also studied. Particular attention is paid to the structure of the right to liberty and security of person, namely: the division into two independent structural elements: the right to liberty and the right to personal integrity. The case law of the European Court of Human Rights is studied through the prism of guarantees of the right to liberty and security of person contained in Art. 5 of the Convention. Freedom and personal inviolability are personal human rights, which in the theory of legal and philosophical thought are defined as natural rights that belong from birth and, according to the generally accepted classification, belong to the first generation of (civil and political) human rights. The right to liberty and security of person is a fundamental right of every person and citizen, inalienable and personal, and belongs to the list of natural rights and is perceived by civil society through the prism of the theory of natural law, which has existed for several centuries. The article forms a certain position on the approach to the study of the right to liberty and security of person, its structural elements, it is important to follow a systematic approach, to consider this right as a set of interrelated elements on the principles of integrity, structure, plurality and equality. «Freedom» and «personal inviolability», which in close cooperation form a single complex. These categories should be considered the subject of the right to personal inviolability in the narrow sense, but the freedom of the individual from unlawful encroachment on property, honor, dignity, from unauthorized interference in private and family life is the subject of the right in the broadest sense.
6
Riley, Jonathan M. "Liberty as a right." Philosophers' Magazine, no. 46 (2009): 46–52. http://dx.doi.org/10.5840/tpm20094641.
Pełny tekst źródła
7
Sobel, Jordan Howard. "Rights to Punish for Libertarians." Dialogue 34, no. 4 (1995): 675–94. http://dx.doi.org/10.1017/s0012217300011057.
Pełny tekst źródłaStreszczenie:
Thomas Hurka derives rights to punish from what I will term the Libertarian Rights Principle, which is “that there is really only one natural right, namely the equal right of all persons to the most extensive liberty compatible with a like liberty for other persons, and that all other natural rights are species or instances of the right to liberty.” These rights to punish, he says, (1) extend only to punishing violators of rights, never to “punishing” the innocent; (2) extend only to punishing for violations pursuant to intentions publicly announced prior to these violations; (3) are subject to the “upper limit qualification” (p. 652) that a permissible punishment for the violation of a right cannot be an act that would violate a more important right (i.e., a punishment that would infringe on a liberty more important than the one infringed upon in the violation); and (4) are subject to the “minimum necessary qualification” (p. 653) that a punishment p for violating a right r is not permissible if a punishment p' that would, were it permitted, violate a less important right than would p, would protect r as effectively as would p.
8
De la Garza Camino, Mercedes. "Sobre libertad e igualdad religiosas." Theoría. Revista del Colegio de Filosofía, no. 18 (July 1, 2007): 41–50. http://dx.doi.org/10.22201/ffyl.16656415p.2007.18.337.
Pełny tekst źródłaStreszczenie:
The right to religious liberty that every individual has is based on the Universal Declaration of Human Rights and can no longer be questioned. Based on this premise, this article deals with religious liberty and equality, presenting in the first place religion as a historical fact, free from any dogma, and in the second place an analysis of human rights and cultural rights, taking the violation of the right to religious liberty in native mayan communities as an example.
9
Абламська, В. В. "Normative Provision of the Right to Liberty and Integrity of the Person in the Light of International and National Legislation." Bulletin of Kharkiv National University of Internal Affairs 90, no. 3 (2020): 93–101. http://dx.doi.org/10.32631/v.2020.3.10.
Pełny tekst źródłaStreszczenie:
The normative provision of the right to liberty and integrity of the person in the light of international and national legislation has been studied. The provisions of generally recognized international legal acts guaranteeing the right to liberty and integrity of the person have been provided. At the same time, there are also convention regulations, which provide cases of possible restriction of the researched right, and we note that such a right is not absolute in this regard. It has been determined that the norms of the Constitution of Ukraine, which regulate the right to liberty and integrity of the person, comply with international legal acts.
 Particular attention has been paid to the analysis of the decisions of the European Court of Human Rights, which emphasize the importance of this right, especially in the context of interpreting the requirements of the Art.. 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950. In this regard, it has been emphasized that any restriction of the right to liberty and integrity of the person must comply with the provisions of paragraph 1 of the Art. 5 of the said Convention and in no case go beyond its limits, i.e. to be consistent with its purposes (objective). In case of the violation of this right, a person can apply for the protection of his violated rights to the European Court of Human Rights.
 Taking into account scientific points of view, analysis of the relevant provisions of international and legal acts and national legislation, the author has clarified that the right to liberty and integrity of the person is a natural, inalienable and fundamental right of every human being. In this regard, each Member State, having ratified an international treaty guaranteeing the right to liberty and integrity of the person, is obliged to establish an effective legal mechanism for the protection of such a right in national law.
10
Lazareva, Daria. "Fundamental legal acts of international importance on the observance of the right to liberty and security of person: a retrospective analysis." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 2, no. 2 (2021): 25–31. http://dx.doi.org/10.31733/2078-3566-2021-2-25-31.
Pełny tekst źródłaStreszczenie:
The article examines the content of the right to liberty and security of person in fundamental international regulations in retrospect. In particular, attention was paid to the disclosure of the essence of the rules that determine certain principles of respect for the right to liberty and security of person, which are the violation of this right, specific definition of grounds and terms of imprisonment or restriction of liberty on legal grounds. The scientific article emphasizes the growing number of appeals to the European Court of Human Rights, which indicates the underdeveloped structures of human rights protection, both at the international and national levels. Respect for any human and civil right, regardless of its place in the classification system and importance for the standard of living of a particular individual is the main task and responsibility of both the world community and the individual state. Today, the number of states in the world that define the term "legal" in the basic national legislation is increasing, but in order for this feature to take effect for a particular political-territorial entity, the protection and protection of human rights must be effective and provided by a number of mechanisms. In particular, this applies to recourse to international law, which is the standard for national regulations, because on its basis are constructed codified laws and other bylaws. A thorough analysis of fundamental legal acts of international importance should be conducted at least in order to emphasize their importance for a number of national laws and the need to comply with mandatory norms on human rights and freedoms (jus cogens). The present study analyzes the main legal acts, which enshrine the right to liberty and security of person, identify grounds for deprivation or restriction of liberty on legal grounds and reveal the concept of the right to liberty and security of person as fundamental.
11
Borisova, Valentina I., Yurii M. Zhornokui, and Larysa V. Krasytska. "RESTRICTIONS OF THE RIGHT TO LIBERTY." Wiadomości Lekarskie 73, no. 12 (2020): 2915–20. http://dx.doi.org/10.36740/wlek202012235.
Pełny tekst źródłaStreszczenie:
The aim: To determine the grounds of involuntary admission of a mentally ill person in the context of the possibility to restrict his or her right to liberty. Materials and methods: The authors have studied and analyzed international legal acts, legislation of certain countries, judgments of the European Court of Human Rights, case law on involuntary admission of a mentally ill person by using philosophical, general and special scientific research methods. Conclusions: The imperfection of the legal regulation of relations concerning the involuntary admission of a mentally ill person leads to illegal restriction of the personal right to liberty. It has been proven that involuntary admission and restriction of the freedom of a mentally ill person can be justified, if we take into account the requirement of “therapeutic necessity” for a mentally ill person, the requirement of protecting the rights of others and guaranteeing their safety, the requirement of ensuring the best interests of a mentally ill person.
12
Panichas, George E. "THE BASIC RIGHT TO LIBERTY." Journal of Social Philosophy 21, no. 1 (1990): 55–76. http://dx.doi.org/10.1111/j.1467-9833.1990.tb00266.x.
Pełny tekst źródła
13
Ienca, Marcello. "The Right to Cognitive Liberty." Scientific American 317, no. 2 (2017): 10. http://dx.doi.org/10.1038/scientificamerican0817-10.
Pełny tekst źródła
14
Neumann, Tom. "Religious Liberty: An Inalienable Right." Journal of Law and Religion 8, no. 1/2 (1990): 241. http://dx.doi.org/10.2307/1051277.
Pełny tekst źródła
15
Dougin, AM. "Legal protection in psychiatry. The jurisprudence of the organs of the European convention of human rights." European Psychiatry 13, S3 (1998): 101s—106s. http://dx.doi.org/10.1016/s0924-9338(98)80040-0.
Pełny tekst źródłaStreszczenie:
SummaryThe European Convention of Human Rights recognises a certain number of rights and freedoms for persons within States' jurisdiction. For those confined in psychiatric hospitals, this legal protection concerns first of all the lawfulness of deprivation of liberty, which must conform to the conditions laid down by the Convention as interpreted by the case-law of the Convention organs (the Commission and Court of Human Rights). The Convention also guarantees to person deprived of their liberty further rights: the right to information, the right to appear before a court, the right to compensation and also the right to the respect of privacy and correspondence.
16
Lazareva, D. "Problems of preserving the right to freedom and personal integrity during criminal proceedings." Analytical and Comparative Jurisprudence, no. 3 (September 28, 2022): 242–49. http://dx.doi.org/10.24144/2788-6018.2022.03.44.
Pełny tekst źródłaStreszczenie:
The scientific article highlights the issue of observance of the right to liberty and security of person in criminal proceedings, given the difficulties in implementing the legal basis for ensuring this right by authorized officials. The procedural actions of observance of this right and their realization within the framework of the criminal process and the corresponding procedures provided by the current Criminal Procedure Code of Ukraine are comprehensively analyzed. Empirical analysis of all available materials by foreign and Ukrainian authors allows us to form realistic assessments of respect for the right to liberty and security of person. Methods of analysis, synthesis, deduction, ascent from the abstract to the concrete were used to carry out qualitative research. Restrictions on certain rights and freedoms, including the right to liberty and security of person, necessitate their observance in criminal proceedings. Recently, the legal community in this regard draws attention to the case law of the European Court of Human Rights, which is based on the provisions of the Convention, which in turn gives grounds to perceive this practice as an interpretation of standards of human rights and freedoms. The mechanisms of implementation of special procedures, such as: initiation of proceedings by the detainee regarding the validity of the detainee, have been studied. Forms of ensuring the right to liberty and security of person are derived. The right to liberty and security of person in the pre-trial investigation is ensured not only by the prosecution by virtue of the performance of their duties, but also by the defense, which is involved in a number of cases and is mostly involved by detainees, suspects interests during criminal proceedings. Thus, the legislator in Art. 206 of the CPC of Ukraine represents the presence of a lawyer as one of the forms of ensuring the right to liberty and security of person, which we have considered in a scientific article
17
Suranya, S. Kumar. "Right To Bail-Judicial Trends." International Journal of Advance and Applied Research 10, no. 3 (2023): 103–6. https://doi.org/10.5281/zenodo.7583264.
Pełny tekst źródłaStreszczenie:
Indian Constitution is the lengthiest written constitution and is crystal clear about the human right’s vision of right to life and liberty. The constitutional vision has given the courts to spread it wings to the need of the time and trend to impart justice. The right to life in article 21 has become a shielding sky to a criminal’s personal liberty as fundamental right to the extent that he proved guilty. The constitutional vision of right to life and liberty and its applicational trend of the Indian Judiciary is visible in number of cases. The objective of the research is to elucidate vision and trend of human rights to of Indian judiciary to people. The research is a doctrinal work which has used primary as well as secondary materials for its findings.
18
McWhirter, Rebekah. "The Right to Liberty in a Pandemic." University of Queensland Law Journal 40, no. 2 (2021): 159–79. http://dx.doi.org/10.38127/uqlj.v40i2.5721.
Pełny tekst źródłaStreszczenie:

 
 
 The European Convention on Human Rights has given rise to the most extensive and influential case law of any human rights jurisdiction, and the inclusion of an express infectious diseases exception to the right to liberty suggests that its jurisprudence is likely to provide the best available guidance to states on the circumstances in which such measures may be justifiable and lawful. However, this article argues that the principles developed to date are limited in their applicability to the current crisis, and are insufficient for determining the appropriate balance between public health and the right to liberty when seeking to control the spread of a large-scale, highly infectious disease.
 
 
19
Pelekh, Zoriana. "REGULATORY LEGAL PRINCIPLES FOR THE REALIZATION OF PUBLIC RIGHT TO LIBERTY AND INTEGRITY OF THE PERSON." Administrative law and process 32, no. 1 (2021): 70–86. http://dx.doi.org/10.17721/2227-796x.2021.1.06.
Pełny tekst źródłaStreszczenie:
Purpose. The purpose of the article is to determine regulatory legal principles for the realization of public right to liberty and integrity of the person beyond the sphere of criminal proceedings (from administrative law standpoint). Methods. The research methodology consists of general and special methods of scientific cognition, including system, comparative and legal, grouping, structural and logical, method of analysis, synthesis, deduction, induction and others that were used while studying the provisions of scientific papers, regulatory legal acts, while forming the directions of the realization of the right to liberty and integrity of the person, system of regulatory legal documents and while making author’s conclusions, propositions and recommendations. Results. The author has clarified the state of scientific developments in the first section of the article in regard to regulatory legal guaranteeing for the realization of the right to liberty and integrity of the person, has characterized regulatory legal acts of general nature as a source of regulatory legal regulation in this area and has defined their specific characteristics. The author has studied special regulatory legal acts in the second section of the article. The specified acts reveal the provisions of regulatory legal documents of general nature concerning the realization of the right to liberty and integrity of the person. Certain directions for the realization of the right to liberty and integrity of the person have been formulated. The author has emphasized the expediency of adopting regulatory legal act that regulates the mechanism for the realization of the right to liberty and integrity of the person and will include the provision on the concept and content of this right, directions of its realization, entities, instruments and procedures of guaranteeing, control over the compliance of this right and legislation in this area, liability for the violation, etc. The author has emphasized the necessity for further scientific research of this issue. A number of international regulatory legal acts have been presented in the third section. Those acts form the legal basis of the directions for the realization of the right to liberty and integrity of the person. The author has provided own vision on the correlation of the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms with the Civil Code of Ukraine and applied approaches to regulatory legal regulation of the right to liberty and integrity of the person. Conclusions. The author has concluded that the system of regulatory legal acts constitute regulatory legal principles for the realization of the right to liberty and integrity of the person. The level of regulatory legal guaranteeing for the realization of the right to liberty and integrity of the person has been commented. The author has outlined the directions and perspectives of scientific research concerning the realization of the right to liberty and integrity of the person.
20
Kowalczyk, Ks Stanisław. "Etyka – zagrożenie wolności nauki?" Annales. Etyka w Życiu Gospodarczym 13, no. 2 (2010): 19–23. http://dx.doi.org/10.18778/1899-2226.13.2.02.
Pełny tekst źródłaStreszczenie:
Paper has three parts. Te first part gives the reasons for need of liberty external-social of science guaranteed by law. Speaks about it Declaration of human rights in 1948 and social teaching of Church – including documents of Vaticanum II and Jean Paul II, which indicate of subjectivity and dignity of man as person. The second part of this paper based on personalism demonstrates that science can harmoniously develop only in the climate of internal-moral freedom of scientist. The purpose of science is revelation of truth, but effects of scientific investigations – in particular of biological-medical sciences – influence on the life of human individuals and societies. Conscious and free activity of man has ethical character, therefore liberty of science ought to be responsible liberty and then to be subordinated the ethical criterions. Science cannot ignore values and rules moral. The third part of paper stated that good of human person and common good of society demand juridical limitations of scientific inquiries’ liberty. Liberty is man’s right but also its obligation to respect of human person’s fundamental rights – including right to life, integrality and dignity. Therefore internal-ethical and external-juridical limitations are necessary of scientist’s liberty.
21
Tarnu, Lucian Ioan. "Liberty Of Conscience, Natural Right And Essence Of Liberty Of Thinking." International conference KNOWLEDGE-BASED ORGANIZATION 21, no. 2 (2015): 520–24. http://dx.doi.org/10.1515/kbo-2015-0089.
Pełny tekst źródłaStreszczenie:
Abstract Liberty of thinking is an absolute characteristic of human rights manifested in our society and it has both an individual dimension - meaning having opinions and beliefs - and a social and political dimension - if we think at their development. Liberty of thinking, conscience and religion represent some of the basic components of a democratic society. This also occurs as the most important elements of the identity of a nation and it contributes significantly to its proper development. Human conscience can not and should not be directed by administrative means, but it should always be the result of its liberty of thinking and revealing thoughts. As it is regulated at the constitutional level, liberty of conscience has a complex content. It is one of the oldest citizen liberties, one of tradition, which is known under either its proper name or various aspects, such as liberty of speech, liberty of association and liberty of press.
22
Enonchong, Laura-Stella. "Applying International Standards in Enforcing the Right to Personal Liberty in Cameroon: Challenges and Prospects." Journal of African Law 60, no. 3 (2016): 389–417. http://dx.doi.org/10.1017/s0021855316000140.
Pełny tekst źródłaStreszczenie:
AbstractThis article examines the problematic enforcement of the right to personal liberty in Cameroon. It offers a critical review of that right by assessing its compatibility with international standards endorsed by article 9 of the International Covenant on Civil and Political Rights and article 6 of the African Charter on Human and Peoples’ Rights. It finds that, although a small number of provisions are not sufficiently robust to protect that right adequately, for the most part the Cameroonian provisions reflect international standards. In the light of that assessment, the article seeks to identify the impediments to the effective enforcement of the right and to recommend the most effective and feasible mechanisms for developing a robust enforcement framework for the protection and promotion of the right to personal liberty in Cameroon.
23
Bukhta, Yu. "Restrictions on the rights to liberty and security of person in the conditions of COVID -19." Uzhhorod National University Herald. Series: Law, no. 68 (March 24, 2022): 35–40. http://dx.doi.org/10.24144/2307-3322.2021.68.6.
Pełny tekst źródłaStreszczenie:
The article provides a comprehensive analysis of the theoretical provisions and legal basis for establishing restrictions on the rights to liberty and security of person in terms of preventing the spread of acute respiratory disease COVID-19 caused by the coronavirus SARS-CoV-2 in Ukraine.The study argues that the implementation of human rights restrictions in the context of preventing the spread of the COVID-19 pandemic should be based on criteria of quality of law, justification of purpose and public necessity.Based on the analysis of certain provisions of the current legislation, which establish restrictions on human rights during a pandemic, it was found that most often in a pandemic are a restriction of the right to respect for private life; the right to liberty and the right to security of person; the right to freedom of movement; the right to freedom of peaceful assembly; the right to freedom of religion; the right to access medical care and some others.The article analyzes the various restrictions on human rights to liberty and security of person in the context of the spread of the disease. Among them, considerable attention is paid to the study of the legality of compulsory hospitalization of patients to observers, the use of the service “Action. Home” in the context of interference in the privacy of a person and restricts his personal rights and freedoms; appropriate measures to prevent the spread of acute respiratory disease COVID-19 caused by SARS-CoV-2 coronavirus in pre-trial detention facilities and penitentiary institutions.It is proved that today the legislation of Ukraine does not develop a unified approach to the establishment and regulation of quarantine restrictions in the field of human rights. There are many cases of contradictions between the current legislation in this area and acts designed to establish certain restrictions on the exercise of their rights to liberty and security of person.
24
Kaiser, Günther. "Human rights in the enforcement of sanctions involving deprivation of liberty." International Annals of Criminology 28, no. 1-2 (1990): 151–74. https://doi.org/10.1017/s000344529000890x.
Pełny tekst źródłaStreszczenie:
As is generally known, human rights are those fundamental rights every human being as such is entitled to irrespective of its affiliation to a certain state or particular group. I am thinking of the protection of human dignity, the right to live, freedom from injury, the general right to privacy, equal protection, religious freedom, the freedom of information, the protection of marriage and family, the right to due process of law, the right to petition and the guarantee of legal protection (access to law). Respect for human rights applies to all regardless of race, sex, language and religion.
25
Banduła, Paweł. "The Prisoner’s Right to Freedom of Conscience and Religion in the European System of Human Rights Protection." Biuletyn Stowarzyszenia Absolwentów i Przyjaciół Wydziału Prawa Katolickiego Uniwersytetu Lubelskiego 14, no. 2 (2023): 7–16. http://dx.doi.org/10.32084/sawp.2019.14.2-1.
Pełny tekst źródłaStreszczenie:
The article aims to present the prisoner’s right to the freedom of conscience and religion in the European system of human rights. A detainee is a subject of special human rights because he or she is deprived of the right to liberty. Public authorities are obliged to strictly observe the law related to the sphere of convicts and their views. The right of people deprived of liberty is to exercise their free thought, conscience and religion. No one should be subjected to coercion which would limit their freedom of religion, except as stipulated by the legislator. Public authorities are obliged to provide prisoners with the opportunity to participate in religious events, to contact a priest, to manifest religious beliefs and to be administered medical care. Discipline and security issues may justify the imposition of restrictions of liberty on the grounds of security and public order. Taking advantage of religious freedom must not violate the principles of tolerance or disrupt the established order in prison.
26
Corte-Real de Araújo, Alexandre Gentil. "Sacred Liberty The Bright In Constitution Of The Democratic Republic Of Timor-Leste (2024)." American Journal of Medical and Clinical Research & Reviews 03, no. 08 (2024): 01–11. http://dx.doi.org/10.58372/2835-6276.1197.
Pełny tekst źródłaStreszczenie:
Introduction: Sacred liberty consists of autonomy to profess their faith, liberty of integrity and adoration period, and is considered a fundamental correct of people, which is positive in the important rule of state law. Spiritual autonomy is a fundamental human right preserved in the United Nations of Human Rights in the application of the world (1948; and is optimistic in Timor-Leste important law cited by (Corte Real AG & Tilman CB., 2024). Research Objectives: The inspect the legal assumptions of existing sacred autonomy and their legal effects on spiritual practice and pleasure of sacred rights by religious peoples and protection of spiritual admissions in Timor-Leste, to scrutinize the vital susticulture of fundamental constitutional rights on sacred freedom, identify gaps, challenges and propose legislative-alternative solutions to the protection of the rights of sacred minorities to liberty as a fundamental right that is exercised through spiritual concessions.
27
Tonetto, Milene Consenso. "The human right to liberty and Brazilian abortion practices." Revista Bioética 26, no. 1 (2018): 58–66. http://dx.doi.org/10.1590/1983-80422018261226.
Pełny tekst źródłaStreszczenie:
Abstract The aim of this paper is to justify women’s right to abortion in the first trimester of pregnancy. Considering human rights as the protection of our normative agency or personhood, this paper will argue that human rights cannot be extended to human embryos and foetuses. In the first trimester of pregnancy, the moral status of the foetus is not sufficient to overcome the woman’s right to the freedom to control her own body. There may be, however, moral considerations other than human rights that could restrict abortions after the first trimester of pregnancy. In order to protect human personhood and the most fundamentally accepted human rights – the rights to freedom, life, health and security of the body – countries like Brazil should decriminalize abortion in the first trimester of pregnancy and provide access to safe abortions through the public health care system.
28
Dr. Saqib Jawad and Nisarullah. "Animal Protection in Light of Modern Legal Thought and Islam." Social Science Review Archives 3, no. 2 (2025): 80–90. https://doi.org/10.70670/sra.v3i2.592.
Pełny tekst źródłaStreszczenie:
Animals possess certain rights like human beings including the right to life, liberty, health, well-being and reasonable abode. So far only right to life of animals has been given due consideration, but unlike other inanimate objects, animals are emotional and intelligent beings who also deserve dignity and respect. Sometimes, animals are killed without any reason which violates their right to life and some of them never see outdoor except on their way to slaughterhouse including chickens, pigs and cows, which violates their right to liberty. Business has been cited as justification, but mistreatment should be stopped at any cost by way of minimizing the use of animals for industrial purposes and reducing their pain and suffering during this process. Available legislations focus on the right to life of animals while other rights including the right to liberty, dignity and health are ignored. Whereas being emotional and intelligent being, animals are entitled for all other rights associated with them like human beings. Therefore, it is imperative that all other rights available for animals should also be protected. The paper argues that animals do possess certain rights that are available to human beings and also intends to focus on the rights of animals on the basis of their emotional and intelligent characteristics using doctrinal and socio-legal research methodology. The paper further intends to provide a comprehensive framework of all the rights of animals that are ignored under available legislations and shall also suggest possible measures to implement the same.
29
Jameel, Anas, Waseem Ahmed, and Altamash Imam. "Exploring the Dimensions of Religious Freedom: A Global and Comparative Analysis." Sprin Journal of Arts, Humanities and Social Sciences 3, no. 9 (2024): 22–29. http://dx.doi.org/10.55559/sjahss.v3i9.363.
Pełny tekst źródłaStreszczenie:
Religion constitutes a fundamental aspect of the cultural and spiritual lives of individuals globally, encompassing an array of traditions, rituals, and practices. Within the context of liberal democracy's evolution, religion emerges as a critical element of political liberty and personal conscience. On an international scale, the right to religious freedom has been established as a core human right, essential for the sustenance of democratic governance. Despite its recognition, the right to religious liberty remains a highly contentious issue. Even in democracies that provide constitutional protections for religious freedom, debates persist regarding the extensive interpretation and implementation of this right, particularly concerning the rights of religious minorities within these nations. This study explores the concept of religious freedom as a globally recognized right, examining its representation and interpretation across various international and regional legal frameworks. Through this analysis, the paper endeavors to provide a comprehensive overview of religious freedom on both a global and regional scale. Furthermore, it delves into the state of religious freedom in various political systems, ranging from democracies such as United States to theocracies and monarchies like the United Kingdom and countries characterized by a strict demarcation between religion and state affairs, exemplified by France's secularist approach.
30
Kokoeva, A., S. Toktogulov, and N. Keneshbekkyzy. "Unlawful Deprivation of Liberty: Criminal Law Aspect." Bulletin of Science and Practice 11, no. 1 (2025): 276–79. https://doi.org/10.33619/2414-2948/110/32.
Pełny tekst źródłaStreszczenie:
Currently, the issue of protecting the rights and freedoms of the individual is extremely relevant in our society. This is enshrined in the Constitution of the Kyrgyz Republic, which has the highest legal force as the main guarantee of human rights and freedoms. Illegal deprivation of liberty is considered a violation of the human right to liberty and personal inviolability. The article examines the criminal-legal characteristics and legal essence of illegal deprivation of liberty. The article uses comparative legal and general scientific methods.
31
Perera, Ramindu. "Beyond the Minimalist Critique: An Assessment of the Right to Education in International Human Rights Law." Netherlands Quarterly of Human Rights 39, no. 4 (2021): 268–90. http://dx.doi.org/10.1177/09240519211057240.
Pełny tekst źródłaStreszczenie:
The minimalist critique of human rights advanced by legal historian Samuel Moyn argues that human rights are ineffective in addressing material inequality because, rather than striving for equality, they focus on ensuring sufficient protection levels. This article analyses the right to education model which international human rights bodies have expanded to demonstrate the overstretched nature of the minimalist critique. By examining how the right to education provisions of international human rights treaties are interpreted by various United Nations human rights mechanisms, the article argues that the international human rights system has advanced a model of right to education that reaches beyond the notion of sufficiency. The works of these bodies are analysed in light of the privatisation of education. In defining the connection between the equality and liberty dimensions of the right to education, international human rights bodies have prioratised ensuring equal opportunities over the liberty to private education. The aim of the right to education is not merely to provide basic literacy to the poor but also to assure equal educational opportunities to all.
32
Ahdar, Rex Tauati. "The Vulnerability of Religious Liberty in Liberal States." Religion & Human Rights 4, no. 2-3 (2009): 177–95. http://dx.doi.org/10.1163/187103109x12459002443574.
Pełny tekst źródłaStreszczenie:
AbstractReligious liberty enjoys a large measure of protection in liberal democratic states. This historically hard-won right will nevertheless always remain somewhat vulnerable. This article examines the relationship between liberalism and religionists who challenge key liberal tenets. The limits of liberal tolerance are seen when the state confronts those devout believers who behave or speak in the public domain in a manner that secular liberals perceive to be intolerant or bigoted. The courts and legislatures cannot be relied upon to protect the exercise of religion in situations where fundamental liberal premises are at stake.
33
Linton, Paul Benjamin. "Roe v. Wade and the History of Abortion Regulation." American Journal of Law & Medicine 15, no. 2-3 (1989): 227–33. http://dx.doi.org/10.1017/s0098858800012223.
Pełny tekst źródłaStreszczenie:
In Roe v. Wade, the Supreme Court held that “[the] right of privacy … founded in the Fourteenth Amendment's concept of personal liberty … is broad enough to encompass a woman's decision whether or not to terminate her pregnancy.” The Court acknowledged that “[t]he Constitution does not explicitly mention any right of privacy.” Nevertheless, the Court held that a “right of personal privacy, or a guarantee of certain areas or zones of privacy, does exist under the Constitution.” However, “only personal rights that can be deemed ‘fundamental’ or ‘implicit in the concept of ordered liberty,’ … are included in this guarantee of personal privacy.”
34
Klissenbauer, Irene. "Equal Liberty – Questioning the Right to Freedom of Religion?" Interdisciplinary Journal for Religion and Transformation in Contemporary Society 7, no. 1 (2021): 283–301. http://dx.doi.org/10.30965/23642807-bja10012.
Pełny tekst źródłaStreszczenie:
Abstract This paper tackles the question of how to handle the phenomenon of “religion” by widely secularized judicial systems by analyzing the “Equal Liberty”-concept from legal scholars Eisgruber and Sager. While they assume that everything worth protecting is already covered by existing anti-discrimination laws, freedom of expression and association, and judge the right to religious freedom as itself discriminatory, this paper considers how this right can be part of an emancipatory human rights approach, which helps us think beyond an antagonistic relationship between religious freedom and other human rights.
35
Pelekh, Z. "PERIODIZATION OF THE FORMATION AND DEVELOPMENT OF THE RIGHT TO LIBERTY AND PERSONAL INVIOLABILITY: SUBSTANTIATION OF SCIENTIFIC APPROACH." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studie, no. 121 (2022): 58–63. http://dx.doi.org/10.17721/1728-2195/2022/2.121-10.
Pełny tekst źródłaStreszczenie:
The purpose of the article is to substantiate the scientific approach regarding periodization of the formation and development of the right to liberty and personal inviolability. To achieve the purpose of the article, the author used general and special methods of scientific cognition including historical and legal, comparative and legal analyses, systematization, classification, deduction, induction, synthesis, etc. The author of the article has presented the main historical facts, which are associated with the formation and development of the right to liberty and personal inviolability in the legal literature. The analysis of scientific sources assisted to formulate the main scientific approaches used by scholars in determining the periodization of the development of the right to liberty and personal inviolability. The expediency of allocating certain historical periods of the development of this right has been clarified. The author has formulated the individual point of view on the periodization of the formation and development of the right to liberty and personal inviolability. In the conclusions four stages of the formation and development of the right to liberty and personal inviolability were singled out, namely: 1) the origin of the right to liberty and personal inviolability in the form of liberties for certain segments of the population, which lasted in ancient times, the Middle Ages and till the late ХVIII century; 2) the transformation of liberties for certain segments of the population into a fundamental, inalienable and natural human right, which endowed all people without any exception. This stage lasted from the late ХVIII century, when the process of recognition and constitutional consolidation of the right to liberty and personal inviolability for all citizens in France was launched, to the late 30s of the XX century, when that tendency became characteristic for Ukraine and the USSR; 3) the development of legal regulation of the right to liberty and personal inviolability in national regulatory legal acts (mainly criminal, criminal and procedural) and international legal documents, which lasted from the late 1930s up to 1991; 4) the improvement of legal guaranteeing of the right to liberty and personal inviolability, that can be characterized as modern and has been lasting since Ukraine's independence.
36
McSorley, Amanda. "Deprivation of Liberty Safeguards." InnovAiT: Education and inspiration for general practice 13, no. 1 (2019): 53–58. http://dx.doi.org/10.1177/1755738019885398.
Pełny tekst źródłaStreszczenie:
Article 5 of the Human Rights Act, 1998 states that: ‘Everyone has the right to liberty and security of person. No-one shall be deprived of his or her liberty unless in accordance with a procedure prescribed in law.’ However, there are occasions when it is necessary and appropriate to deprive a person of their liberty in order to keep them safe from harm. Deprivation of Liberty Safeguards are the legal framework introduced in 2009 to ensure that this occurs only when absolutely necessary and no alternative, less restrictive measures can be utilised to ensure safe care. This article outlines the key points relating to DOLS, considering how they relate to GPs during their training and careers.
37
Varsha, Desai. "Fundamental rights of prisoners of speedy trial." International Journal of Advance and Applied Research 4, no. 26 (2023): 129–35. https://doi.org/10.5281/zenodo.8288715.
Pełny tekst źródłaStreszczenie:
Article 21 of the Constitution ensures a prisoner's right to life and personal freedom as well as a fair, just, and reasonable legal system. By giving a broad and liberal definition of life and personal liberty, the Supreme Court of India has shown tremendous vigilance and care for the fundamental rights of prisoners. Because of many factors, inmates who are being tried in any court in India but cannot afford a surety bond or obtain legal representation are detained behind bars for long stretches of time. Their fundamental rights have been gravely violated. In various Indian courts, under trial detainees made up 61.24% of the population
38
Koch, Ida Elisabeth. "Social Rights as Components in the Civil Right to Personal Liberty: Another Step Forward in the Integrated Human Rights Approach?" Netherlands Quarterly of Human Rights 20, no. 1 (2002): 29–51. http://dx.doi.org/10.1177/016934410202000103.
Pełny tekst źródłaStreszczenie:
The article seeks to get closer to an understanding of the legal implications of the notion of the indivisibility of human rights as distinct from the philosophical implications. While the first part of the article (Sections I-IV) deals with the notion of indivisibility in a general way by discussing possible interpretations and legal principles for pursuing an integrated human rights approach, the second part of the article (Sections V-VIII) deals with indivisibility in the concrete context of deprivation of liberty for medical or social reasons. Despite increased awareness of the possibilities of an integrated human rights approach, the European Court of Human Rights has in this particular context been reluctant to accept a blurred dividing line between social and civil rights. By emphasising the close connection between the existence of treatment and the duration of the confinement, the article, however, argues that fulfilment of the civil right to personal liberty is dependent on recognition of the interdependence between social rights and civil rights. Even though social and civil rights have been separated into two conventions proportionality and teleological considerations lead to the conclusion that the (social) right to treatment ought to be considered an integrated component of the (civil) right to personal liberty.
39
Dr., Amitava Basu. "LEGAL DIMENSIONS OF PARAMETERS OF LIBERTY IN INDIAN CONTEXT: AN OVERVIEW." International Journal of Current Research and Modern Education 2, no. 2 (2017): 183–84. https://doi.org/10.5281/zenodo.1035887.
Pełny tekst źródłaStreszczenie:
Liberty is an essentially a political and legal term which connotes protection from state interferences. In the Indian context the legal dimension can be found in Article 21 of the Constitution which secures the right to life and liberty. The Supreme Court verdict of August 2017 has not only widened the legal dimension of liberty, by making right to Privacy, its intrinsic part but it has other implications as well.
40
MANCANO, Leandro. "The Right to Liberty in European Union Law and Mutual Recognition in Criminal Matters." Cambridge Yearbook of European Legal Studies 18 (September 21, 2016): 215–38. http://dx.doi.org/10.1017/cel.2016.8.
Pełny tekst źródłaStreszczenie:
AbstractThis article analyses the interaction between the application of mutual recognition in criminal matters and the right to liberty. The main argument is that the current content of the right to liberty in EU law is unsuitable for mutual recognition procedures. As for the structure of this article, firstly, the main features of mutual recognition as a method of inter-state cooperation in criminal matters are outlined. Secondly, the approach of the European Union (especially the Court of Justice) to the right to liberty is clarified. Thirdly, four mutual recognition instruments are analysed in light of the right to liberty: namely, the Framework Decisions on the European Arrest Warrant; the Transfer of Prisoners; the Probation Measures; and the European Supervision Order (ESO). The assessment confirms that the higher level of automaticity in judicial cooperation introduced by mutual recognition requires a rethink of the existing understanding of the right to liberty in EU law.
41
Callaghan, Harriet, and Amy Illsley. "Everything you need to know about deprivation of liberty safeguards." British Journal of Hospital Medicine 81, no. 6 (2020): 1–6. http://dx.doi.org/10.12968/hmed.2020.0071.
Pełny tekst źródłaStreszczenie:
Established as an amendment to the Mental Capacity Act 2005 , the deprivation of liberty safeguards were introduced to ensure that anyone who lacks capacity to consent to their care, and was being deprived of their liberty, has rights equivalent to those held under the Mental Health Act 1983 . These rights include someone to oversee any deprivation of liberty, the right of appeal and the guarantee of review of appeal in a timely manner. This article outlines how deprivation of liberty safeguards work, how a deprivation of liberty safeguards is applied for and obtained, what to discuss with the next of kin, and some special circumstances to consider. It also provides information about the criteria by which deprivation of liberty safeguards applications are assessed and the process by which this is done. This provides an overview for junior doctors working in secondary care, to increase their knowledge and confidence when patients require a deprivation of liberty safeguards application.
42
Schuster, Ava, and Göran Sluiter. "Provisional Release at International Criminal Courts and Tribunals – Lessons Learned?" FIU Law Review 19, no. 2 (2025): 539–72. https://doi.org/10.25148/lawrev.19.2.10.
Pełny tekst źródłaStreszczenie:
This article builds on Professor Meghan Fairlie’s earlier critique of pre-trial detention practices at the International Criminal Tribunal for the Former Yugoslavia (ICTY). Fairlie identified significant shortcomings in safeguarding the right to liberty and the presumption of innocence of detainees, arguing that the Tribunal’s approach was inconsistent with international human rights law (IHRL). Fifteen years later, how has the International Criminal Court (ICC) addressed these concerns? While the Rome Statute introduces notable improvements, including an explicit commitment to IHRL, the Court’s practice still heavily favors detention over liberty. A key issue remains the ICC’s reliance on State cooperation for provisional release, which effectively undermines detainees’ right to liberty. However, as the ICC continues to shape the future of international criminal justice, a more robust human rights protection is essential for safeguarding its legitimacy and credibility.
43
Sharma, Dr Bhavana. "Right to Shelter an Expanded form of Right to Life and Personal Liberty: An Analysis." International Journal of Psychosocial Rehabilitation 23, no. 4 (2019): 1467–72. http://dx.doi.org/10.37200/ijpr/v23i4/pr190471.
Pełny tekst źródła
44
Syroyid, Tetyana. "International legal standards for ensuring the right of minors deprived of liberty to health." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 3, no. 3 (2020): 32–37. http://dx.doi.org/10.31733/2078-3566-2020-3-32-37.
Pełny tekst źródłaStreszczenie:
The article analyzes the general and special international legal acts in the field of regulation of the right to the highest standard of living (right to health) of minors deprived of liberty, in particular: Declaration of the Rights of the Child, 1924, United Nations Declaration of the Rights of the Child, 1959, International Covenant on Economic, Social and Cultural Rights, 1966, Convention on the Rights of the Child, 1989, United Nations Minimum Standard Rules on the Administration of Juvenile Justice (Beijing Rules), 1985, United Nations Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines), 1990, UN General Assembly special resolutions on the protection of the rights of the child, including children deprived of their liberty, etc. The emphasis is placed on key problematic aspects of the protection of the right to health of minors deprived of their liberty, in particular: the use of torture and other cruel, inhuman or degrading treatment or punishment; harm to the mental and physical health of children in all situations of imprisonment; the spread of sexually transmitted infections. The article focuses on the special needs of children with disabilities. Given the existing problems of drug use, which contribute to the spread of infectious diseases among the categories of prisoners, cause significant harm to the health of minors, attention is focused on the characteristics of special rules in this area. Given the fact that the emergence and spread of the COVID-19 pandemic has become a modern threat and a challenge to health of population in general, including persons deprived of their liberty, attention is paid to international acts, which set out recommendations to protect this category of persons during the pandemic. Relevant conclusions and recommendations have been made to improve the status of minors deprived of their liberty.
45
Johansen, Julia Nordvang. "Towards a More Restrictive Interpretation of the Right to Liberty in Article 5(1) ECHR?" Zeitschrift für europarechtliche Studien 25, no. 1 (2022): 89–110. http://dx.doi.org/10.5771/1435-439x-2022-1-89.
Pełny tekst źródłaStreszczenie:
The contribution concerns the interpretation by the European Court of Human Rights (ECtHR) of the right to liberty in Article 5 (1) of the European Convention on Human Rights (ECHR). It argues that the Court has interpreted the right to liberty restrictively by way of public security grounds, with the result that more room is given to interference by state authorities at the expense of individual protection, compared to earlier interpretations. This assertion is supported by the analyses of four Grand Chamber cases the author believes stands for a restrictive interpretation of Article 5 (1), either through a narrow interpretation of its scope, or a wide interpretation of its exceptions. The use of present-day conditions in the Court’s reasoning is examined to identify their role in the development towards a restrictive interpretation of the right to liberty, and it is argued that the restrictive approach is a variation of the method of ‘evolutive interpretation’. On the basis of the analyses, it is finally argued that the list of permissible detention grounds in Article 5 (1) is no longer exhaustive.
46
Guebert, Karl. "Towards a Post-Social Right to Life, Liberty and Security of the Person Through Markets? Conceptions of Citizenship and the Implications for Health Law as Governance." Social & Legal Studies 29, no. 5 (2019): 609–28. http://dx.doi.org/10.1177/0964663919894734.
Pełny tekst źródłaStreszczenie:
In the context of increased expectations of healthcare services and fiscal pressures, rights claims constitute a force pushing for privatization and thus threaten Canada’s single-tier public system. This article introduces the concept of a ‘post-social right’ to understand the current legal effort to enforce a right to healthcare derivative of section 7 of the Canadian Charter of Rights and Freedoms. Commonly considered as a ‘negative’ right, I suggest that the right also has positive capacity. Rather than simply protecting against unjust state intervention, section 7 claims valorize a particular mode of sustaining life, liberty and security of the person according to neo-liberal principles. A right to markets in healthcare aligns health law with the logic of prudentialism as a technology of governance. As the enforceability of the right expands and strengthens, health law as governance operates to normalize market solutions to health matters. It follows that a form of two-tier citizenship arises, dividing ‘activated’ citizens from the ‘inactive’.
47
Atiyah, Noor Rasim. "Three Visions of Liberty: Berlin, Tahtawi and Tagore." International Journal of Sustainability in Research 3, no. 3 (2025): 217–28. https://doi.org/10.59890/ijsr.v3i3.47.
Pełny tekst źródłaStreszczenie:
Liberty has long been a fundamental concept in political theory, symbolizing the individual's right to act freely within society. From ancient political thought to modern democratic frameworks, liberty has been interpreted in various ways depending on historical, cultural, and philosophical contexts. Some have seen it as freedom from external control, while others view it as the capacity to live according to one's values within a just society 1. While liberty has long been a central ideal in Western political theory, seeing it through a global lens exposes new, equally interesting views. Thinkers from various cultural and religious origins have defined freedom in ways that reflect their distinct historical and philosophical settings. This paper investigates conflicting views of liberty from the perspectives of Isaiah Berlin, Rifa'a al-Tahtawi, and Rabindranath Tagore, as well as how different civilizations address issues of authority, individual rights, and moral duty. Such a comparative approach is critical in a world where liberal values are argued, updated, and even challenged across borders. Engaging with these three thinkers tells us that liberty can be considered not merely a political arrangement, but also a spiritual, moral, and communal goal. This paper explores these dimensions of liberty through the perspectives of three major political thinkers, examining how their ideas contribute to our understanding of freedom, authority, and the social order.
48
Kapur, Neera Badhwar. "Autonomy, Liberty, and Utility." Dialogue 28, no. 3 (1989): 487–98. http://dx.doi.org/10.1017/s0012217300015997.
Pełny tekst źródłaStreszczenie:
Lawrence Haworth's book, Autonomy, discusses “Autonomy as a Psychological Idea”, and “Autonomy as a Normative Idea”. Part 1 discusses autonomy in relation to rationality, agency, and responsibility, defends it against Skinnerian sceptics, and outlines a theory of autonomous decision-making and the autonomous task environment. Haworth's conception of autonomy integrates and builds on the concepts of S. I. Benn, G. Dworkin, H. Frankfurt, and R. W. White. Part 2 centres on social/political theory, and not, despite the book's subtitle, on ethics as such. Haworth argues that only autonomy, and not liberty or happiness, is an intrinsic (non-moral) value, and fundamental right. His “autonomist” theory of liberty rights, a form of revisionary liberalism derived from the later idealists, is opposed to the classical liberal/libertarian theory. The arguments prompt a re-examination of the role of autonomy in the arguments for liberty (and happiness), but do not, in my view, make a persuasive case for “autonomism” against classical liberalism (hereafter liberalism). The book is chiefly noteworthy for its success in covering many important topics connected with autonomy, in an impressively short space, and in an always clear and often very insightful way.
49
Andrew, Edward. "Inalienable Right, Alienable Property and Freedom of Choice: Locke, Nozick and Marx on the Alienability of Labour." Canadian Journal of Political Science 18, no. 3 (1985): 529–50. http://dx.doi.org/10.1017/s0008423900032443.
Pełny tekst źródłaStreszczenie:
AbstractThis article attempts to illuminate a contradiction at the heart of the notion of natural rights. Natural rights are commonly thought to be both inalienable and the property of individuals. As the right or the law is privatized as my rights, her rights, our rights or their rights, rights come to be viewed as personal properties. A distinction is made between personal possession and private property (which entails the title to alienate what is owned) in order to speak significantly of our possession of inalienable rights. For Locke, we possess an inalienable right to life and liberty precisely because we do not own our lives and liberties. Moreover, we can alienate our person, or our ability to labour, precisely because it is our private property. For Nozick, rights are individual properties. Thus, for Nozick as distinct from Marx, one has the right to sell anything (one's life, liberty, labour or soul) at the market price.
50
Dari, Victoria. "Guarantees of governance of the right to nationality in states of continental law." National Law Journal, no. 2(248) (January 2023): 56–66. http://dx.doi.org/10.52388/1811-0770.2022.1(247).05.
Pełny tekst źródłaStreszczenie:
Citizenship is a fundamental right, a legal situation, a quality, a legal status. Therefore, fundamental rights are enshrined in constitutions and are determined by the legal status of the citizen, which are essential for citizens, for life, liberty and the development of their personality. These rights are essential only in relation to a company. The fundamental right - the right to citizenship, is a subjective right of citizens of a state, an essential right to life, liberty and dignity, indispensable for the development of human personality, a right established by the Constitution and guaranteed by the Constitution. The article includes the analysis of the guarantees of the right to citizenship in the legal systems analyzed comparatively: continental and Anglo-Saxon law. The authors consider it opportune to first make a brief characterization of the mentioned legal systems, highlighting the main features that bring them closer or distinguish them. The states in both legal systems under review provide in its legislation the possibility of naturalization for persons legally residing in its territories.