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Topic: Negative rights

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	Negative right - Wikipedia, the free encyclopedia
		A negative right is a right, either moral or decreed by law, to not be subject to an action of another human being (usually abuse or coercion).
		Negative rights are sometimes contrasted with positive rights, which are rights to be provided with something by the positive action of another.
		Socialists and leftists argue that there should be no distinction between negative and positive rights, while classical liberals and libertarians believe that positive rights by their nature contravene negative rights and are therefore unacceptable.
	en.wikipedia.org /wiki/Negative_rights (161 words)

	Positive right - Wikipedia, the free encyclopedia (Site not responding. Last check: 2007-10-07)
		Positive rights are sometimes contrasted with negative rights, which are rights to not be subject to the action of another.
		Many positive rights are economic in nature: they involve the rights-holder being assured of the provision of some economic good such as housing, a job, a pension, health care, or the enforcement of exclusive rights in inventions or in works of authorship.
		In contrast, negative rights are usually not directly economic in nature, although the right to security in private property is considered an economic negative right in that it entails freedom from theft or state confiscation.
	www.sterlingheights.us /project/wikipedia/index.php/Positive_right (567 words)

	Building Cathedrals (Site not responding. Last check: 2007-10-07)
		Rights may be classified either as perfect or imperfect, depending upon their clarity and determination as opposed to one that is vague and unfixed.
		In constitutional law, rights are either natural, civil or political: Natural rights come from the nature of man and depend on personality; civil rights are those rights that belong to all the members of a state or country; political rights are those rights allowing people to participate in the formation and administration of government.
		Exercising of these rights requires the members of society to yield some of their rights to insure other rights may exist for the whole, that is for the welfare of the society.
	www.angelfire.com /wa2/buildingcathedrals/rights.html (448 words)

	Rights
		Negative rights, such as the right to privacy, the right not to be killed, or the right to do what one wants with one's property, are rights that protect some form of human freedom or liberty,.
		These rights are called negative rights because such rights are a claim by one person that imposes a "negative" duty on all others—the duty not to interfere with a person's activities in a certain area.
		Positive rights, therefore, are rights that provide something that people need to secure their well being, such as a right to an education, the right to food, the right to medical care, the right to housing, or the right to a job.
	www.scu.edu /ethics/practicing/decision/rights.html (1450 words)

	Human Rights [Internet Encyclopedia of Philosophy]
		The final and third generation of rights are associated with such rights as a right to national self-determination, a clean environment, and the rights of indigenous minorities.
		Her right to receive an adequate education is a claim right held against the local education authority, which has a corresponding duty to provide her with the object of the right.
		Furthermore, human rights may be either claim rights or liberty rights, and have a negative or a positive complexion in respect of the obligations imposed by others in securing the right.
	www.utm.edu /research/iep/h/hum-rts.htm (10683 words)

	Contents of I. THE THEORETICAL FOUNDATIONS OF THE POSITIVE AND NEGATIVE RIGHTS VIEWS (Site not responding. Last check: 2007-10-07)
		Perhaps the strongest rebuttal of the negative rights view’s reliance on the action/inaction distinction is the fact that only one strain of deontological theory attaches moral weight to results alone; more familiar is the school of thought that judges morality by the actor’s intent.
		Furthermore, rights cannot be understood separately from the powers of government; a consequentialist theory of rights requires that the interests of individuals and the government be balanced against the interests of private citizens.
		Social rights should be enshrined in the Constitution because, as the founding charter of our nation and a repository for rights that are set beyond the reach of legislative majorities, the Constitution should contain all of the most important aspirations and principles of our society.
	www.law.upenn.edu /conlaw/issues/vol3/num2/macnaughton/node3_ct.html (2909 words)

	Not Geniuses: Positive/Negative Rights
		In that case, a negative right conceived as simply a right against the government is not a right or a freedom at all.
		Where a violation of "rights" by a non-governmental actor can be handled by the executive branch upholding the law of the land, it is ridiculous to assume that the executive that protects our rights against other non-governmental actors could also protect us from its own abusive tendencies.
		He says a positive right is a right that you have, while a negative right is right that others can't exercise on you.
	www.notgeniuses.com /archives/001628.html (1109 words)

	Rights Based Theories
		The first of these documents, The Universal Declaration of Human Rights, was written and signed shortly after the end of World War II in an attempt to prevent the abusive treatment of humans that was prevalent during that war.
		Human rights are usually understood as those rights were have simply because we are human.
		Rights based moral theories have generally agreed that there are two kinds of rights.
	www.clarion.edu /academic/adeptt/bpcluster/rightstheories.htm (450 words)

	Libertarianism - Wikipedia, the free encyclopedia
		Consequentialist libertarians favor protection of rights not because they consider rights to be sacred, but because, in their view, protecting rights produces a better society with increased wealth, safety, happiness, and fairness.
		Libertarian perspectives on gay rights: Most libertarians feel that adults have a right to choose their own lifestyle or sexual preference, provided that such expression does not trample on the same freedom of other people to choose their own sexual preference or religious freedom.
		Libertarian perspectives on animal rights: Some libertarians grant basic rights to animals (they count as individuals and therefore have the right not to be subjected to coercion), while others see animals as property, and think their owners are free to treat them as they wish.
	en.wikipedia.org /wiki/Libertarian (6640 words)

	ProfessorBainbridge.com: My TCS Column on Reagan (Site not responding. Last check: 2007-10-07)
		In this column, I discuss Reagan's legacy as a defender of negative rights, and critique Reagan's critics as purveyors of a flawed vision of positive rights.
		Eugene Volokh disagrees with Stephen Bainbridge’s TCS essay on the distinction between positive and negative rights, because as he sees it, “the terms usually refer to the right to be let alone by the government (negative rights) and the en...
		Jonathan is right to highlight the importance of distinguishing betwee...
	www.professorbainbridge.com /2004/06/my_tcs_column_o.html (1293 words)

	Contents of III. POLICY ARGUMENTS (Site not responding. Last check: 2007-10-07)
		Negative rights advocates fear that courts will intrude on legislative discretion regarding spending priorities, or that they may order legislatures to create new services to fulfill positive rights.
		The policy concerns posed by the advocates of the negative rights view are merely hypothetical; because the federal judiciary has not opened the door to significant positive rights claims, none of these predicted problems have been observed.
		In addition, advocates of positive rights generally claim three types of benefits to including this conception of rights in constitutional law: the judiciary’s role in shaping the law through its interactions with legislatures; controlling and preventing administrative failures; and providing a remedy to the victims of callous government neglect.
	www.law.upenn.edu /conlaw/issues/vol3/num2/macnaughton/node5_ct.html (1642 words)

	O'Neill vs. Shue (Site not responding. Last check: 2007-10-07)
		In order to make my point about the possibility that manifesto rights might be more important than claim rights for the purposes of making social policy, I compared two policies, one of which would save those who will die from a disease and the other of which will reduce the rate of adultery.
		I assumed that only manifesto rights are involved in the first, health, case and that claim rights are involved in the second, adultery, case.
		One might object that the claim rights in question are not claim rights against the government or society.
	humanities.uchicago.edu /faculty/mgreen/HumanRtsF03/Notes/OneillShue.shtml (704 words)

	Negative Rights (Site not responding. Last check: 2007-10-07)
		Negative rights simply impose on others the duty not to interfere with your rights.
		The right to life, construed as a negative right, obliges others not to kill you.
		The right to free speech, construed as a negative right, obliges others not to interfere with your free speech
	ethics.acusd.edu /Courses/Theory/Rights/PowerPoint/sld011.htm (48 words)

	Two Senses of 'Right' (Site not responding. Last check: 2007-10-07)
		To say that there are moral rights (e.g., that everyone has a right to life) is typically to make a normative moral statement about what claims people ought to have on each other (e.g., a claim not to be killed).
		Positive rights are rights to some benefit that must be paid for by someone.
		Right to subsistence is not a new right.
	faculty.washington.edu /wtalbott/phil338/trdistinct.htm (905 words)

	Catallarchy » 2004 » June » 08
		The negative right of an individual to be left alone results in obligations not just to the government, but to all other individuals.
		We all recognize the right not to be robbed by the petty thief, not to be assaulted by the common criminal, and not to be defrauded by our business partners, all of whom are not necessarily part of the government.
		The ethical conclusion from this is clear: intellectual property rights result in positive obligations of individuals not to use their own property in all the ways they see fit, even if they are not infringing on anyone else’s negative rights.
	www.catallarchy.net /blog/archives/2004/06/08 (801 words)

	What are rights? (Site not responding. Last check: 2007-10-07)
		The degree to which this right is violated changes from place to place but I know of no country where it is not routinely violated by the state.
		The kind of society where this right is prevalent is a society whose government exists only to protect the individual from the force of others.
		In the UK positive rights exist and each person who is taxed and restricted via legislation into providing the object of the right is working a proportion of his/her life as a slave.
	dspace.dial.pipex.com /town/street/pl38/rights.htm (470 words)

	Positive vs Negative Rights (Site not responding. Last check: 2007-10-07)
		You have the right to free speech, the right to assemble, the right to bear arms; these are all rights which protect you from aggression from others.
		Your 'right' to "not be subject to the action of another" is implied by the fact that you have individual rights at all.
		You do not have the right for Congress not to impose things on you, the fact is if they do impose anything on you then it is a violation of YOUR rights.
	www.jacksonfreepress.com /forums/threads.php?id=5590_0_25_0_C (1025 words)

	Agoraphilia
		But negative and positive rights are in fact derivative concepts: they have no particular meaning without reference to some more fundamental notion of rights, specifically, of property rights.
		For instance, a right to food and shelter is usually treated as a positive right, but we can cast it as a negative right if we are also willing to say that those who must provide these things do not own the labor and resources needed to do so.
		Libertarians can thus use the language of positive and negative rights to explain how their vision builds on (though is not identical to) commonly understood conceptions of self- and world-ownership.
	agoraphilia.blogspot.com /2004/06/is-square-root-of-negative-right.html (530 words)

	People for Animal Rights
		Historically, "rights" were created and defended by those in power, starting with the "Divine" Rights of Kings.
		Various "rights" can be seen as a means of protecting welfare, and various welfare reforms can be phrased in terms of rights (e.g., the right not to be force-molted; the right against cruel and unusual punishment).
		Legal rights may be one way to improve the lives of animals, but they are not ends in themselves.
	www.parkc.org /rightsandanimals.html (568 words)

	The Difference Between the Negative Rights (Site not responding. Last check: 2007-10-07)
		It is negative rights-based approach because it requires nothing of me other than not interfering with the liberty of other persons: I am prohibited from committing acts of violence, theft or damage to property, or fraud.
		The negative rights-based approach contends that it is unethical to violate someone's person, steal their property, or interfere with their liberty through fraud.
		The rationale for this limitation on the liberty of the employer would be that in order for employees not to be treated as merely means by the employer, they need to have more equitable bargaining power, which the formation of unions and the ability to strike would provide.
	www.msubillings.edu /dnettiksimmons/busethicsfall04/q4.htm (2150 words)

	Peter Klevius' definition of negative human rights + fundamentalist test
		In fact, negative human rights are to be seen as the last resort for the very individual that was created by democracy.
		Negative human rights hence constitute what should not be accessible for democracy, but also what might be accessible for anti-democratic/totalitarian ideologies.
		This is precisely the opposite to the basic idea of negative human rights, namely that you should always be allowed your freedom to think and act as long as you do not violate negative human rights of others.
	www.geocities.com /klevius/HR.html?1075554686254 (1087 words)

	TCS: Tech Central Station - Reagan and Rights: Positive and Negative (Site not responding. Last check: 2007-10-07)
		Reagan was a proponent of negative rights; most notably, Reagan espoused the right to be left alone.
		In contrast, what Saletan calls liberty is really a set of positive rights -- a right to an education, a job, etc....
		As the analysis thus far suggests, private property and freedom of contract are at the center of the debate over positive and negative rights.
	www.techcentralstation.com /060804H.html (803 words)

	Deinonychus antirrhopus: Positive and Negative Rights (Site not responding. Last check: 2007-10-07)
		Rather, the point here is that what creates a negative right to be "left alone" in some regard is my possession of a positive right to see my negative claims enforced.
		The negative rights position is that I have a right not to be punched in the nose.
		If you have the right to keep a knife out of your stomach, but only by purchasing bodyguards, then you have no right at all, other than to purchase bodyguards (which is dependant on other rights, I'd imagine).
	www.steveverdon.com /archives/001499.html (1775 words)

	Negative Rights (Site not responding. Last check: 2007-10-07)
		If a right is given to a general group but not a specific member, the member inherits the right even though no right was explicitly given to it.
		For instance, if the Write right is given to 242 but not student joe in the class, then we assume that the right is given to joe (and all other students in the class).
		Absence of negative rights does not create any problem when a whole group is to be given some access right but becomes painful to use when all but a few members of a large group have to be given the right.
	www.cs.unc.edu /~dewan/242/s04/notes/prot/node6.html (263 words)

	What Rights Do We Have?
		That one fundamental human right is the right to live your life as you choose so long as you don't infringe on the equal rights of others.
		Indeed, to cite a specific example, a person has a right to buy an orange from a grower even though the orange is only 2-3/8 inches in diameter (though under current federal law the grower could go to jail if he sells it to you).
		There is indeed a problem in modern America with the proliferation of phony "rights." When "rights" become merely legal claims attached to interests and preferences, the stage is set for political and social conflict.
	www.libertarianism.org /ex-4.html (559 words)

	O'Neill and Shue (Site not responding. Last check: 2007-10-07)
		O’Neill claims that there is a condition that all genuine rights must meet and that welfare rights (which include what Shue called subsistence rights) do not meet this condition.
		Shue denies that there is an interesting difference between subsistence and security rights since the positive duties corresponding to security rights face the same problems as the positive duties corresponding to subsistence rights.
		O’Neill’s response turns on distinguishing features that she holds to be essential for rights (claimability and waivability) from those that seem to her to involve something else (enforcement).
	humanities.uchicago.edu /faculty/mgreen/HumanRtsF04/Notes/OneillShue.shtml (318 words)

	Essays.cc - Negative And Positive Rights
		Negative rights can also be viewed as placing a protective wall around us.
		If we were to make this a negative right to healthcare, this would mean no one may prevent me from getting medical attention, however, neither the State nor any person other than myself is responsible for acquiring it.
		Therefore, negative rights appear to be the prevailing form of rights.
	www.essays.cc /free_essays/e4/vak199.shtml (692 words)

	Civil Rights--Negative Facts, Views, Articles, Etc. - American Civil Rights Review
		D'Souza is an authority on the wayward aims and finalities of civil rights and the false identification of politicians with race and state as a Constitutional dysfunctional objective.
		A less scholarly and somewhat impertinent interlaced virtual journey through the negative forces and issues which have impacted unfavorably on history, pointing out the present and future failures of civil rights, diversity, and immigration in America and wherever else African Americans are associated--including Africa itself.
		Civil Rights is a mistake, and besides, the government has sold out the majority for a coalition of minorities that doesn't work for the "original" Americans.
	www.americancivilrightsreview.com /civilrightsnegativefolder.html (919 words)

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