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Topic: Positive rights

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In the News (Thu 25 Apr 19)

  Negative and positive rights - Wikipedia, the free encyclopedia
Negative rights are usually characterised as civil or political in nature and held to include such rights as the right to freedom of speech, property, habeas corpus, freedom from violent crime, freedom of worship, a fair trial, freedom from slavery and the Right to bear arms.
Positive rights are characterised as social or economic and held to include rights such as the right to education, health care, social security or a minimum standard of living.
Under the theory of positive and negative rights, a negative right is a right not to be subjected to an action of another human being, or group of people, such as a state, usually in the form of abuse or coercion.
en.wikipedia.org /wiki/Positive_rights   (810 words)

 Positive liberty - Wikipedia, the free encyclopedia
Positive liberty is an idea that was first expressed and analyzed as a separate conception of liberty by John Stuart Mill but most notably described by Isaiah Berlin.
He argued that the pursuit of positive liberty could lead to a situation where the state forced upon people a certain way of life, because the state judged that it was the most rational course of action, and therefore, was what a person should desire, whether or not people actually did desire it.
Defenders of positive liberty say that there is no need for it to have such totalitarian undertones, and that there is a great difference between a government providing positive liberty to its citizens and a government presuming to make their decisions for them.
en.wikipedia.org /wiki/Positive_liberty   (442 words)

 Encyclopedia :: encyclopedia : Human rights   (Site not responding. Last check: 2007-08-31)
These rights commonly include the right to life, the right to an adequate standard of living, freedom from torture and other mistreatment, freedom of expression, freedom of movement, the right to self-determination, the right to education, and the right to participation in cultural and political life.
The origin of modern positive rights in international law may be traced to the creation of the International Labour Organization in 1919 as a Western response to the socialist ideology of the Russian Revolution of 1917.
Rights may also be non-derogable (not limited in times of national emergency); these often include the right to life, the right to be prosecuted only according to the laws that are in existence at the time of the offense, the right to be free from slavery, and the right to be free from torture.
www.hallencyclopedia.com /Human_rights   (1868 words)

 Human rights - Wikipedia, the free encyclopedia
As is evident in the United Nations Universal Declaration of Human Rights, human rights, at least in the post-war period, are conceptualized as based on inherent human dignity, retaining their universal and inalienable character.
The term "human rights" has replaced the term "natural rights" in popularity, because the rights are less and less frequently seen as requiring natural law for their existence.
Commentators' positions in the argument for and against intervention and the use of force by states are influenced by whether they believe human rights are largely a legal or moral duty and whether they are of more cosmopolitan or nationalist persuasion.
en.wikipedia.org /wiki/Human_rights   (3905 words)

Finally, the right corresponding to the object of distributive justice is the defence of the members against the community or its leaders; they must not be laden with public burdens beyond their powers, and must receive as much of the public goods as becomes the condition of their meritoriousness arid services.
Right (or more precisely speaking, the obligation corresponding to right) is enforceable at least in general--that is, whoever has a right with respect to some other person is authorized to employ physical force to secure the fulfilment of this obligation, if the other person will not voluntarily fulfil it.
While right or the obligation corresponding to it is enforceable, we must beware of referring the essence of right to this enforcibility or even to the authority to enforce it, as is done by many jurists since the time of Kant.
www.newadvent.org /cathen/13055c.htm   (1554 words)

Rights are entitlements (not) to perform certain actions or be in certain states, or entitlements that others (not) perform certain actions or be in certain states.
Rights entitle their holders to make choices, and as Waldron says the importance of a person's having choices would be diminished if she were forced to do the right thing.
The right of property, Marx asserted, exemplifies the isolating and anti-social character of these alleged rights of man. On the one hand, the right of property is the right to keep others at a distance: the legal equivalent of a barbed wire fence.
plato.stanford.edu /entries/rights   (10826 words)

 Unenumerated: Negative rights and the United States Constitution
Negative rights are "rights to be left alone" (using that term more broadly than Brandeis to include, for example, the tort of battery and the right to quiet enjoyment of one's property) against any other individual or corporate entity including governments.
For example, the supposed right to be rescued is not a traditional common law right (despite strong utilitarian arguments in favor of it), because it is a positive right.
Positive rights are an invitation for the government to violating negative rights on a very large scale.
unenumerated.blogspot.com /2005/10/negative-rights-and-united-states.html   (1731 words)

 Children's Rights
One conventional way to think of rights in terms of their content is to distinguish between liberty rights (rights to choose, such as to vote, practise a religion, and to associate) and welfare rights (rights that protect important interests such as health).
Rights are too important to be denied to some humans on account of their (lesser) age and given to others on account of their (greater) age.
A child's right to be heard in matters affecting its interests is a substitute not a complement to the right of choosing for herself, and the Gillick competence which qualifies a child to exercise its rights of decision-making is arguably stringently defined.
plato.stanford.edu /entries/rights-children   (17072 words)

 Positive Rights   (Site not responding. Last check: 2007-08-31)
Positive rights impose on others a specific obligation to do something to assist you in the exercise of your right
The right to life, construed as a positive right, obliges others to provide you with the basics necessary to sustain life if you are unable to provide these for yourself
Welfare rights are typically construed as positive rights.
ethics.acusd.edu /presentations/seattle/rights/sld012.htm   (86 words)

 Will Wilkinson / The Fly Bottle: Positive Rights and the Branching
Well, if the victims had their rights violated, then that means that they had a right, in some sense, to the availability of the drug.
On the right, there is a sparsely branching future history (due to banning science, say).
I submit that our future selves will have been harmed by the ban, and we have a right to not be so harmed, aside from the more direct rights violations involved in the ban.
willwilkinson.net /flybottle/archives/2002/02/positive_rights.html   (933 words)

 What are rights?
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 reality of a positive right is that whatever the object of the right is (eg healthcare), it needs to be created before the 'right' can be fulfilled.
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)

 The Ayn Rand Institute: The U.N.'s Distortion of Rights
The corrupt concept of "positive rights" has allowed such bloody crushers of rights as the Soviet Union and China to be major and respected members of an organization ostensibly created to defend rights.
The "positive rights" championed by the U.N. Declaration are neither positive nor rights.
In their place, we should uphold the real "positive," as proclaimed in another famous Declaration--the rights to life, liberty, and the pursuit of happiness, which means: the right of the individual to live free from coercive interference by the government.
www.aynrand.org /site/News2?page=NewsArticle&id=5401   (790 words)

 Wrong Rights
We are about to witness the launch of a global movement to establish “economic and social rights” on a par with “human rights.” In other words, say the organizers of this movement, the right to food and health care is as legitimate as the right not to be tortured by one’s government.
The decision to push for economic and social “rights” raises the long-time controversy concerning so-called positive and negative rights.
When advocates of “social and economic rights” speak of rights to food and health care, they do not mean that people have a right to take action to acquire those things from nature or from willing providers.
www.fff.org /freedom/fd0202c.asp   (1380 words)

 Human rights - Voyager, the free encyclopedia   (Site not responding. Last check: 2007-08-31)
These rights commonly include the right to life, the right to an adequate standard of living, freedom from torture and other mistreatment, freedom of religion and of expression, freedom of movement, the right to self-determination, the right to education, and the right to participation in cultural and political life.
A modern interpretation of the original Declaration of Human Rights was made in the Vienna Declaration and Programme of Action[9], adopted by the World Conference on Human Rights in 1993.
Examples of such rights include: the rights to education, to a livelihood, to legal equality, and to alter forms of consciousness.
www.voyager.in /Human_rights   (2042 words)

 ProfessorBainbridge.com: My TCS Column on Reagan
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.
The positive rights dialectic, which is the tradition in which Saletan's column clearly falls, claims that government should create certain affirmative rights -- such as the "right" to a government-provided education or the "right" to a government-provided job.
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...
www.professorbainbridge.com /2004/06/my_tcs_column_o.html   (1224 words)

 Top 20 Encyclopedia   (Site not responding. Last check: 2007-08-31)
The fundamental principles of liberalism include transparency, individual and civil rights, especially the right to life, liberty, and property; government with the consent of the governed as determined by open and fair elections; and equal rights for all citizens under law.
Statist opponents of liberalism reject its emphasis on individual rights, and instead emphasize the collective or the community to a degree where the rights of the individual are either diminished or abolished.
In terms of international politics, the universal claims of human rights which liberalism tends to endorse is disputed by rigid adherants of non-interventionism, since intervention in the interests of human rights can conflict with the sovereignty of countries.
encyc.connectonline.com /index.php/Liberalism   (8891 words)

 ProfessorBainbridge.com: The distinction between positive and negative rights in the law   (Site not responding. Last check: 2007-08-31)
There's not a single positive right, as the term is conventionally used, in the bunch.
Eugene's failure to acknowledge that difference thus blurs the distinction they draw between negative rights that protect against coercion by state government and positive rights that demand that the state use its powers to coerce some of its citizens to provide services to others.
Jonathan is right to highlight the importance of distinguishing betwee...
www.professorbainbridge.com /2004/06/the_distinction.html   (1282 words)

 Urban Legends Reference Pages: Language (Bill of No Rights)   (Site not responding. Last check: 2007-08-31)
ARTICLE V: You do not have the right to free health care That would be nice, but from the looks of public housing, we're just not interested in public health care.
You don't have the right to demand that our children risk their lives in foreign wars to soothe your aching conscience.
Being an American means that you have the right to pursue happiness — which, by the way, is a lot easier if you are unencumbered by an overabundance of idiotic laws created by those of you who were confused by the Bill of Rights.
www.snopes.com /language/document/norights.htm   (892 words)

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