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In: Wesley Hohfeld A Century Later: Edited Work, Select Personal Papers, and Original Commentaries, Shyam Balganesh, Ted Sichelman & Henry Smith eds., (Cambridge University Press 2022) pg 112-37
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In: Forthcoming in American Journal of Jurisprudence
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In: Canadian Journal of Law & Jurisprudence, Band XXXII
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UID/FIL/00183/2013 IF/01587/2015 ; This paper aims at answering some of the objections to the NIP's criticism of the idea of rights of future persons. Those objections usually adopt different perspectives depending on how they understand differently the nature of the correlativity between rights and duties – some adopt a present-rights-of-future-persons view, others a future-rights-of-future-persons view, others a transitive present-rights-of-present-persons view, and others still an eternalist view of rights and persons. The paper will try to show that only a non-transitive present-rights-of-present-persons view can survive the challenges posed by the notion of correlativity inherent in the NIP, and thus preserve rights language when discussing the future. This view is proved also more suitable for the legal and political realms, where policies and law-making are usually more concerned with present addressees and short term effects. ; authorsversion ; published
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In: Zbornik radova Filozofskog fakulteta, Band 52, Heft 2, S. 307-324
ISSN: 2217-8082
The educational system needs to be based on the development of personality and realization of its integrity. Therefore, by analysing and comparing the curricula of the two subjects - Serbian Language and Literature and Religious Education - in junior grades (1-4) of primary school, we ascertained certain common goals and identified the elements which facilitate their realization and those which make it difficult. We observed the need for a stronger connection between the set goals and the expected outcomes of learning in the curricula of the two subjects, and education in general, with special focus on achieving and nurturing freedom, as well as ethical values and virtues. We exemplified the importance of didactic-methodical apparatus in teaching reading and text analysis by using a fairy tale Selfish Giant by Oscar Wilde.
In: East Asian science, technology and society: an international journal, Band 12, Heft 1, S. 57-79
ISSN: 1875-2152
Contributing to the ongoing debate on decentering science, technology, and society (STS) from Western contexts, this article elaborates on and reconsiders Wen-yuan Lin and John Law's proposal for correlative STS ("A Correlative STS" 2014). Like them, we empirically draw on Chinese medicine (CM) and its relation to biomedicine, but we explore the modes by which CM was enacted in the historical, political, and sociomaterial settings of socialist and postsocialist Central Europe. We show that not only specific correlations but also correlativity itself—as the ontological stance of the actors—are situated and can shift. Our argument regarding STS is twofold. First, while Lin and Law argue that STS needs to develop an appropriate mode of betrayal when translating across ontological differences from a source language to a destination language (Western analytics), we show that in our case an ethnographer cannot find any single source language. Consequently, we argue that STS should study actors' modes and moves of betrayal and their doing ontology as an open process. Second, unlike Lin and Law, who postulate the Chinese mode of international as "subtle" and "minimalist" and an alternative to the Western mode (Lin and Law 2013), we argue that with the rise of China and the changing world political economy, STS needs to be more attentive to dominating expansions that come from non-Western locations as much as from the West.
In: Hebrew University of Jerusalem Legal Research Paper No. 16-04
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Working paper
Intro -- Abstract -- Contents -- Chapter 1: Introduction: The Philosophy of Rights -- I. Introduction -- II. Models of Rights -- II.1. The Primary/Secondary/Tertiary Rights Distinction -- II.2. Perimeters of Protection -- III. Theories of Rights -- IV. Methodological Matters -- V. Outline -- Chapter 2: Rights Modelling -- I. Introduction -- II. Modelling -- III. Under-Inclusivity: Monistic Modelling -- IV. Over-Inclusivity: 'Ligation-Rights' -- Chapter 3: Rights Correlativity -- I. Introduction -- II. Disagreements About Correlativity -- II.1. Symmetrical Versus Asymmetrical Views of Correlativity -- II.2. Existential Correlativity -- II.3. Justificational Correlativity -- III. What Is an Hohfeldian Claim? -- Chapter 4: Rights Exercise and Enforcement -- I. Introduction -- II. Exercisable Rights Versus Active Rights -- III. Rights Exercise, Enforcement, Remedying, and Vindication -- III.1. Exercise Versus Enforcement -- III.2. Remedy Versus Vindication -- IV. An Objection and Responses -- V. Claims of Right -- V.1. Claiming, Demanding, and Enforcing -- V.2. The Structure of Claiming -- V.3. Where Can Legal Rights Be Claimed? -- Chapter 5: The Theories of Rights Debate -- I. Introduction -- II. Rival Conceptions of A RIGHT -- II.1. Criterion 1: An Ultimate Purpose -- II.2. Criterion 2: Means of Protection/Effectuation -- II.3. Criterion 3: Specifying Candidates -- II.4. Why Are Such Criteria Thought Necessary? -- III. Directed Duties -- IV. Flawed Charges -- IV.1. The Incompetency Arguments -- IV.2. The Inalienability & -- Unwaivability Arguments -- IV.3. The Third-Party Beneficiary (3PB) Argument -- IV.4. The Redundancy Argument(s) -- IV.4.1. Rights as Duties -- Kelsen's Argument -- Hart's Version -- A Rebuttal -- V. Would-Be Alternative and Hybrid Theories.
Changes in political values in the public consciousness of the Ukrainian citizens. It shows their correlativity with the European values of democracy are analyzed. The Polish experience of democratization of social relations and its impact on the Ukrainian political perspective are analyzed. ; Changes in political values in the public consciousness of the Ukrainian citizens. It shows their correlativity with the European values of democracy are analyzed. The Polish experience of democratization of social relations and its impact on the Ukrainian political perspective are analyzed.
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In: Canadian journal of political science: CJPS = Revue canadienne de science politique : RCSP, Band 19, S. 283-304
ISSN: 0008-4239
Social and economic, or welfare rights, as an expansion of human rights. Differences between social and political rights relating to costs, universality, and the correlativity of rights and duties.
In: Andrew Halpin, "On kno-rights and no-rights", Revus [Online], 46 | 2022
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In: Vanderbilt Journal of Entertainment & Technology Law, Band 18, Heft 4
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In: Ideas Explained
Acknowledgments; Abbreviations; Introduction; Husserl's Radicalism; The Subject Matter of Phenomenology; Philosophy as Rigorous Science; Objectivity, Subjectivity, and Correlativity; An Example of Phenomenological Description; The Aims of Phenomenology; The Critical Reception of Phenomenology; Edmund Husserl and the Origins of Phenomenology: A Biographical Overview; Prospectus; 1. Early Husserl; The Attack on Psychologism; Psychologism and Postmodernism; Bracketing; Intentionality; Eidetic Reduction; Critique of Scientism; Objective Truth; Intuition; Meaning; Universals.
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