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Journal articles on the topic 'Moral rights in law'

Author: Grafiati

Published: 4 June 2021

Last updated: 20 February 2023

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1

Cruft, Rowan. "Human Rights Law Without Natural Moral Rights." Ethics & International Affairs 29, no. 2 (2015): 223–32. http://dx.doi.org/10.1017/s0892679415000088.

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In this latest work by one of our leading political and legal philosophers, Allen Buchanan outlines a novel framework for assessing the system of international human rights law—the system that he takes to be the heart of modern human rights practice. Buchanan does not offer a full justification for the current system, but rather aims “to make a strong prima facie case that the existing system as a whole has what it takes to warrant our support of it on moral grounds, even if some aspects of it are defective and should be the object of serious efforts at improvement” (p. 173).

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2

Puspasari, Anastasia Theresia. "Tinjauan Konsep Hak Eksklusif dalam Hak Cipta Berdasarkan Teori Hegel." Dialogia Iuridica 13, no. 2 (April 28, 2022): 140–61. http://dx.doi.org/10.28932/di.v13i2.4577.

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Copyright is a protection in a form of an exclusive right which is attached with the creator, including moral rights which are possessed by the creator for the embodiment for their personality in the creation. The referred moral rights are recognized in the international treaties, specifically in Berne Convention and TRIPS Agreement, which put forward the moral rights as a copyright protection. The protection of moral rights evolved from the Continental Europe countries, which recognizes author’s rights. The principle of moral rights could be analyzed with Hegel’s theory from the writing in hi

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Pasternak, Avia. "From Corporate Moral Agency to Corporate Moral Rights." Law & Ethics of Human Rights 11, no. 1 (May 8, 2017): 135–59. http://dx.doi.org/10.1515/lehr-2017-0003.

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Abstract Recent literature suggests that organizational entities, such as states and business corporations, can qualify as moral agents. Does it follow that, as members of our moral community, group agents are entitled to moral protections? This article explores the connection between groups’ moral agency and moral rights. I argue that corporate moral agency does not, in itself, ground a group’s claim for moral protections. Nevertheless, a group agent can be entitled to derivative moral rights protections, which attach to the group itself but are grounded in the interests of individuals, such

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4

Gewirth, Alan. "Moral Foundations of Civil Rights Law." Modern Schoolman 64, no. 4 (1987): 235–55. http://dx.doi.org/10.5840/schoolman198764458.

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5

Gewirth, Alan. "Moral Foundations of Civil Rights Law." Journal of Law and Religion 5, no. 1 (1987): 125. http://dx.doi.org/10.2307/1051021.

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6

Cappelen, Alexander W. "The Moral Rationale for International Fiscal Law." Ethics & International Affairs 15, no. 1 (March 2001): 97–110. http://dx.doi.org/10.1111/j.1747-7093.2001.tb00346.x.

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A country's right to levy taxes is a fundamental aspect of its sovereignty. Without the power to tax, a government would be unable to redistribute resources among its citizens and provide public goods. The question of how tax rights should be distributed is therefore one of the oldest and most important problems of tax theory. Increased international economic integration has made this question even more important, as a larger share of economic transactions take place across national borders, giving rise to situations in which more than one country is able to tax the same base.How such conflict

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7

Zysset, Alain. "Human rights: moral or political?" Jurisprudence 10, no. 2 (February 18, 2019): 281–88. http://dx.doi.org/10.1080/20403313.2019.1575617.

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8

Masiyakurima, Patrick. "The Trouble with Moral Rights." Modern Law Review 68, no. 3 (May 2005): 411–34. http://dx.doi.org/10.1111/j.1468-2230.2005.00544.x.

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9

Sundara Rajan, Mira T. "Moral rights: the future of copyright law?" Journal of Intellectual Property Law & Practice 14, no. 4 (January 31, 2019): 257–58. http://dx.doi.org/10.1093/jiplp/jpz008.

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10

Sorial, Sarah. "Law, Cosmopolitan Law and the Protection of Human Rights." Journal of International Political Theory 4, no. 2 (October 2008): 241–64. http://dx.doi.org/10.3366/e1755088208000232.

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In Between Facts and Norms, Habermas articulates a system of rights, including human rights, within the democratic constitutional state. For Habermas, while human rights, like other subjective rights have moral content, they do not structurally belong to a moral system; nor should they be grounded in one. Instead, human rights belong to a positive and coercive legal order upon which individuals can make actionable legal claims. Habermas extends this argument to include international human rights, which are realised within the context of a cosmopolitan legal order. The aim of this paper is to a

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11

Perry, Michael J. "FREEDOM OF CONSCIENCE AS RELIGIOUS AND MORAL FREEDOM." Journal of Law and Religion 29, no. 1 (January 3, 2014): 124–41. http://dx.doi.org/10.1017/jlr.2013.1.

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AbstractIn another essay being published contemporaneously with this one, I have explained that as the concept “human right” is understood both in the Universal Declaration of Human Rights and in all the various international human rights treaties that have followed in the Universal Declaration's wake, a right is a human right if the rationale for establishing and protecting the right—for example, as a treaty-based right—is, in part, that conduct that violates the right violates the imperative, articulated in Article 1 of the Universal Declaration, to “act towards all human beings in a spirit

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12

Chartier, Gary. "Natural Law and Animal Rights." Canadian Journal of Law & Jurisprudence 23, no. 1 (January 2010): 33–46. http://dx.doi.org/10.1017/s084182090000480x.

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The new classical natural law theorists have been decidedly skeptical about claims that non-human animals deserve serious moral consideration. Their theory features an array of incommensurable, nonfungible basic aspects of welfare and a set of principles governing participation in and pursuit of these goods. Attacks on animals’ interests seem to be inconsistent with one or more of these principles. But leading natural law theorists maintain that animals do not participate in basic aspects of well being in ways that merit protection, that the so-called “argument from marginal cases” is unsucces

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13

Corlett, J. Angelo. "The Problem of Collective Moral Rights." Canadian Journal of Law & Jurisprudence 7, no. 2 (July 1994): 237–59. http://dx.doi.org/10.1017/s084182090000268x.

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Despite the neglect by political liberals in the distant and recent past to take collective rights seriously, the problem of collective rights is beginning to capture the attention of an increasing number of philosophers. This new concern for collective rights seems to be “the result of a recent interest in the value of communities.” I shall clarify and assess some of the chief categories of collective moral rights talk and proffer some criteria of adequacy for a philosophical analysis of collective moral rights. Finally, I set forth and defend an analysis of justified collective moral rights.

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14

Allan, James. "A Doubter's Guide to Law and Natural Rights." Victoria University of Wellington Law Review 28, no. 1 (March 2, 1998): 243. http://dx.doi.org/10.26686/vuwlr.v28i1.6092.

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The assertion that there are no independent moral values which transcend the view of an individual, or the society in which he or she lives, may cause consternation to many. Indeed it has been argued that it will tum the liberal western legal tradition on its head by removing the foundation for the rights on which that tradition is built. James Allan in this article suggests that such consternation is misplaced. While an objective moral reality is denied, he accepts the existence of an objective physical world. From this premise he reasons that certain courses of conduct will have certain cons

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15

Feser, Edward. "CLASSICAL NATURAL LAW THEORY, PROPERTY RIGHTS, AND TAXATION." Social Philosophy and Policy 27, no. 1 (January 2010): 21–52. http://dx.doi.org/10.1017/s0265052509990021.

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AbstractClassical natural law theory derives moral conclusions from the essentialist and teleological understanding of nature enshrined in classical metaphysics. The paper argues that this understanding of nature is as defensible today as it was in the days of Plato, Aristotle, Augustine, and Aquinas. It then shows how a natural law theory of the grounds and content of our moral obligations follows from this understanding of nature, and how a doctrine of natural rights follows in turn from the theory of natural law. With this background in place, the implications of the theory for questions ab

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Pavčnik, Marijan. "Questioning the Moral Understanding of Law." DANUBE: Law and Economics Review 8, no. 2 (June 27, 2017): 111–16. http://dx.doi.org/10.1515/danb-2017-0008.

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Abstract The primary content-related framework we are bound to are the basic human rights as established in the constitution. These basic rights may change and develop, yet as the heritage of our political and legal culture, they possess such a solid core meaning that only a “dogmatic sceptic” (G. Radbruch) can doubt it. In societies with plural values, the moral values expressed by the basic human rights are the most solid moral basis of law. The moral understanding of law is necessarily accompanied by a moral criticism of law. Such criticism is often not pleasing to the authorities, but it c

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17

SEN, AMARTYA. "Legal Rights and Moral Rights: Old Questions and New Problems*." Ratio Juris 9, no. 2 (June 1996): 153–67. http://dx.doi.org/10.1111/j.1467-9337.1996.tb00233.x.

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18

Nainggolan, Samuel Dharma Putra, Ni Made Yordha Ayu Astiti, and Diajeng Woro Andini. "COPYRIGHT DAN RIGHT TO COPY (PEMAHAMAN DASAR HAK CIPTA DAN HAK YANG TERKAIT DENGAN HAK CIPTA DALAM BIDANG HAK KEKAYAAN INTELEKTUAL)." HUKUM DAN DINAMIKA MASYARAKAT 20, no. 2 (December 23, 2022): 1. http://dx.doi.org/10.56444/hdm.v20i2.3551.

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Copyright is a system of rights in the field of Intellectual Property Rights (IPR). In Indonesia, arrangements regarding Copyright are currently governed by Law Number 28 of 2014 Concerning Copyright. Regulates the scope and protection of a work which is the embodiment of human creativity, taste and initiative as God's creatures. Copyright which is an exclusive right attached to the Author in which there are Economic Rights and Moral Rights. Authors and other parties who receive Rights Related to Copyrights can receive economic benefits from an existing copyrighted work (Economic Rights). died

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19

Suka Asih K.Tus, Desyanti. "HAK EKONOMI DAN HAK MORAL KARYA CIPTA POTRET DI SOSIAL MEDIA." VYAVAHARA DUTA 14, no. 1 (September 19, 2019): 12. http://dx.doi.org/10.25078/vd.v14i1.1099.

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<p>Copyright is an exclusive right which contains economic rights and moral rights. Portrait is part of a protected creation. In a portrait that is distributed offline or online through social media, namely economic rights and moral rights that must be presented and adhered to by users. Copyright infragement that still occur for portraits on social media are related to violations of economic and moral rights. The use of portraits on social media without permission for commercial purposes is a form of violation of economic rights. While the form of violations of moral rights over portrait

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20

Jecker, Nancy S., and Loren Lomasky. "Persons, Rights, and the Moral Community." Law and Philosophy 8, no. 2 (August 1989): 279. http://dx.doi.org/10.2307/3504699.

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21

Meyers, Diana Tietjens. "Social exclusion, moral reflection, and rights." Law and Philosophy 12, no. 2 (May 1993): 217–32. http://dx.doi.org/10.1007/bf02346479.

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22

Schilling, Theodor. "The Recognition of Human Rights: A Threefold Myth." Human Rights Law Review 20, no. 2 (June 2020): 210–35. http://dx.doi.org/10.1093/hrlr/ngaa016.

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Abstract The discussion of the recognition of human rights by law suffers from the acceptance of three myths: that recognition is provided for in human rights instruments, that there exist moral norms ready to be recognised by law and that recognition is what happens when a legal norm that corresponds to a moral precept is adopted. To counter the first myth, the article undertakes a close reading of the relevant passages of human rights instruments. To counter the second myth, the article observes that there exist few if any universally valid moral norms ready to be recognised by law but an ab

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23

Cohen, I. Glenn. "This Is Your Brain on Human Rights: Moral Enhancement and Human Rights." Law & Ethics of Human Rights 9, no. 1 (May 1, 2015): 1–41. http://dx.doi.org/10.1515/lehr-2015-0001.

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Abstract It seems fair to say that human rights law takes the human as given. Human beings are particular kinds of entities with particular kinds of psychologies and propensities, and it is the job of human rights law and human rights enforcement to govern that kind of entity, be it through sanctions, education, incentives, or other mechanisms. More specifically, human rights law takes human brains as given. If humans were different kinds of beings, both the mechanisms of getting compliance and possibly the very rules themselves would be different. The purpose of this essay is to very tentativ

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24

Wood, Nicholas Stuart. "Protecting Creativity: Why Moral Rights Should be Extended to Sound Recordings under New Zealand Copyright Law." Victoria University of Wellington Law Review 32, no. 1 (March 5, 2001): 163. http://dx.doi.org/10.26686/vuwlr.v32i1.5899.

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Traditionally, moral rights have not extended to the creators of sound recordings under either common law or civil law systems. The somewhat outdated rationale of this exclusion of sound recordings from the ambit of moral rights protection was generally that sound recordings were merely mechanical reproductions of already existing musical works, and hence the recordings lacked sufficient creativity to make them worthy of moral rights protection. In 1996, the WIPO Performances and Phonograms Treaty sought to remedy this anomaly in copyright law by extending the moral rights of paternity and of

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25

Bird, Robert C. "Moral Rights: Diagnosis and Rehabilitation." American Business Law Journal 46, no. 3 (September 2009): 407–52. http://dx.doi.org/10.1111/j.1744-1714.2009.01082.x.

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26

Gultom, Hosiana Daniel Adrian, Ellora Sukardi, and Serlly Waileruny. "Kajian Terhadap Hak Eksklusif Atas Jingle Dari Perspektif Hak Cipta Dan Merek." Ajudikasi : Jurnal Ilmu Hukum 5, no. 2 (December 25, 2021): 135–50. http://dx.doi.org/10.30656/ajudikasi.v5i2.3978.

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Jingle is included in the category of creation in the form of songs or music under copyright law and is included in the type of sound mark in trademark law. Therefor there is a double legal protection for the jingle, namely copyright and trademark. Copyright law protection uses a declarative system while trademark law protection uses a constitutive system. In copyright law and trademark law there are exclusive rights, namely rights granted by the state to the rightful owner. Exclusive rights in copyright are moral rights and economic rights while exclusive rights in trademarks are called trade

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27

Papazu, Monica. "Man in a World without God." Almanac “Essays on Conservatism” 29 (September 19, 2019): 119–30. http://dx.doi.org/10.24030/24092517-2019-0-3-119-130.

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The article discusses the gulf between the Christian and the secular view of man. Anthropocentric humanism is characterized by the rejection of the natural (moral) law, which has been supplanted by law positivism. So-called rights are disconnected from the moral law and from the moral duties from which they derive. As the idea of “essence” (that which gives a being its identity) is abolished, man can be redefined at will, and “the right to life” is being conceived as a relative, highly conditional right.

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28

Drobiazko, Volodymyr. "Protection of the rights of performers in accordance with German law." Theory and Practice of Intellectual Property, no. 4 (October 19, 2022): 24–29. http://dx.doi.org/10.33731/42022.265846.

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Keywords: rights of the performer, moral rights, rights to use, communication tothe public, the right of the performer to demand payment of remuneration, the validityperiod of the rights to use The article examines the protection of performers' rights in Germany, introduced by the Act amending copyright regulations of 24 June 1985. The Copyright Act includes Part 2 «Neighboring Rights», section 3 of which deals with the protection of performers' rights, and the law itself is called the «German Copyright and Neighboring Rights Act». The German Law of 10 September 2003 on the regulation of

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29

Walt, Steven, and Micah Schwartzman. "Morality, Ontology, and Corporate Rights." Law & Ethics of Human Rights 11, no. 1 (May 8, 2017): 1–29. http://dx.doi.org/10.1515/lehr-2017-0002.

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Abstract Does the ontology of corporations matter for corporate rights? Much of the philosophical literature on corporate rights focuses on whether corporations are real entities, aggregations of individuals, or fictions to which rights or other entitlements can be ascribed. We argue that this focus is misplaced. Whether corporations have rights, and the sort of rights they have, is a question of moral theory. It is not fundamentally a matter of ontology, as F.W. Maitland thought, or a matter of legal or moral semantics, as H.L.A. Hart once argued. The going moral theory, not conceptual requir

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30

Sainsbury, Maree. "What's it Got to Do with Morality? Moral Rights: An Historic and Contemporary Perspective." Media International Australia 114, no. 1 (February 2005): 61–70. http://dx.doi.org/10.1177/1329878x0511400108.

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Australia introduced moral rights legislation in December 2000, giving effect to a doctrine that originated in civil law jurisdictions in the eighteenth century. The rights given effect to in Australia are the right of integrity, which allows the author to prevent derogatory treatment of their work, and the right of attribution, which mandates attribution of the author when the work is reproduced, published or otherwise communicated to the public. There is also the right to prevent false attribution of authorship. This article looks at the historical development of moral rights and examines wh

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31

Lewis, Jessica. "With Love and Kisses: Nothing Lasts Forever: An Examination of the Social and Artistic Antiquation of Moral Rights." International Journal of Cultural Property 23, no. 3 (August 2016): 267–94. http://dx.doi.org/10.1017/s0940739116000151.

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Abstract:This article examines the social and artistic antiquation of moral rights law. Moral rights law developed, and was implemented, under the heavy influence of the French preference to put the rights of the author at the center of intellectual property protection (with Victor Hugo leading this charge). However, as artistic practice evolves in a continually rapid fashion, it is becoming increasingly clear that moral rights are unable to properly accord with modern art forms. An examination of the social construction of authorship, the emergence of unique contemporary art forms, and the ro

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32

Cantatore, Francina, and Jane Johnston. "Moral Rights: Exploring the Myths, Meanings and Misunderstandings in Australian Copyright Law." Deakin Law Review 21, no. 1 (February 23, 2018): 71. http://dx.doi.org/10.21153/dlr2016vol21no1art727.

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This article examines how moral rights are treated in Australian publishing contracts, and whether this approach is consistent with the expectations of authors, journalists and academics. Although, in theory, moral rights cannot be sold or assigned in Australia, the apparent wide scope for exceptions raises questions of whether there is any real protection afforded to creators under the Copyright Act 1968 (Cth), notably in circumstances that relate to pressure on creators to accept contractual terms in order to get published. Additionally, Australian case law reflects some uncertainty about th

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33

McCutcheon, Jani. "The Honour of the Dead – the Moral Right of Integrity Post-Mortem." Federal Law Review 42, no. 3 (September 2014): 485–518. http://dx.doi.org/10.22145/flr.42.3.3.

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Can the honour of the dead be prejudiced? There is much philosophical debate about whether the dead can, or should, enjoy legal rights. Australia, like many jurisdictions, has apparently bypassed that debate and confers post-mortem moral rights on authors, which endure for at least 70 years after an author's death. The Australian moral right of integrity protects authors from certain conduct in relation to their copyright works, which is prejudicial to their honour or reputation. This deliberate conferral of a posthumous right ostensibly acknowledges that a deceased author's honour can be harm

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34

Thompson, C. Bradley. "ON DECLARING THE LAWS AND RIGHTS OF NATURE." Social Philosophy and Policy 29, no. 2 (July 2012): 104–38. http://dx.doi.org/10.1017/s0265052512000015.

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AbstractThis article examines the moral theory of the American Revolutionary and Founding periods by focusing on two key concepts of that doctrine: the moral laws and the moral rights of nature. In particular, the article will examine several important questions from the perspective of America’s Revolutionary generation: What are the moral laws and rights of nature? What is the difference between a law and a right of nature, and how are the laws and rights of nature related to each other? Are nature’s moral laws and rights descriptive, prescriptive, or both? What are the attributes and sanctio

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35

Agarwal, Nikhil, and Vinayak Ojha. "Moral Rights: International Framework and Indian Approach." Christ University Law Journal 6, no. 1 (January 1, 2017): 1–20. http://dx.doi.org/10.12728/culj.10.1.

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In the wake of increasing globalization and technical advancements in the digital field, the dissemination of creative work has become easier than ever. However, this development has come with its own set of challenges, particularly for Intellectual Property Law, as most of online transfer of information is unregulated. Digitalization has lead to the imminent need for standardized and stringent protection of an author‟s work. While this protection is mainly conceived as commercial right of the author on his work, there is another fundamental element to it, which is equally important and cannot

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36

Little, David. "THE RIGHT OF SELF-DEFENSE AND THE ORGANIC UNITY OF HUMAN RIGHTS." Journal of Law and Religion 36, no. 3 (December 2021): 459–94. http://dx.doi.org/10.1017/jlr.2021.59.

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AbstractThe article challenges the fashionable but finally unsupportable opinion in political and academic circles that there exists no compelling, unitary, universally resonant moral and legal justification of human rights. The argument is intimated by two overlooked passages in the preamble to the Universal Declaration of Human Rights that presuppose the right of self-defense against arbitrary force, understood as both a moral and legal concept, and as relevant both to personal and collective life. It shows how the logic of defensive force underlies the three formative human rights instrumen

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37

Cain, Patricia A., Jean C. Love, Judith Jarvis Thomson, and William Parent. "Stories of Rights: Developing Moral Theory and Teaching Law." Michigan Law Review 86, no. 6 (May 1988): 1365. http://dx.doi.org/10.2307/1289185.

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38

Hall, Peter. "Moral algorithm versus human rights law; philosophy versus ethos." Lancet 376, no. 9758 (December 2010): 2072–73. http://dx.doi.org/10.1016/s0140-6736(10)62292-1.

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39

Adams, N. P. "GROUNDING PROCEDURAL RIGHTS." Legal Theory 25, no. 1 (January 28, 2019): 3–25. http://dx.doi.org/10.1017/s1352325218000186.

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AbstractIt is commonly held that we wrong someone if we punish them without first determining whether they are guilty through the process of a sufficiently fair and reliable procedure. This wrong is best explained by pre-institutional moral procedural rights. Recently, Christopher Heath Wellman has argued for the skeptical conclusion that there are no such rights, challenging a widely held orthodoxy. I propose two novel grounds for pre-institutional moral procedural rights and so answer Wellman's skepticism. First, we have rights not to be subject to punitive systems that do not include specif

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40

Gaus, Gerald F. "Green's Rights Recognition Thesis and Moral Internalism." British Journal of Politics and International Relations 7, no. 1 (February 2005): 5–17. http://dx.doi.org/10.1111/j.1467-856x.2005.00163.x.

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T. H. Green claimed that ‘rights are made by recognition. There is no right but thinking makes it so’. This ‘rights recognition thesis’ is widely rejected. I argue in this article that, so far from being an idiosyncratic doctrine of 19th-century British Idealism, the rights recognition thesis implies a compelling conception of rights, and one that, surprisingly, is more in tune with contemporary meta-ethics than are many contemporary rights theories. Green's moral theory, I argue, is a form of the widely embraced doctrine of ‘moral internalism’. Such internalism, conjoined with a generally emb

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41

Namli, Elena. "Universal Rights versus Sharia? Reflections on the Moral and Legal Dimensions of Human Rights Law and Sharia." Religion and Human Rights 8, no. 2 (2013): 139–61. http://dx.doi.org/10.1163/18710328-12341248.

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Abstract This article develops a critique of the monopoly of liberal ideology in the field of human rights by considering how law, morality and politics are related to each other. The author argues that the constructive potential of international human rights law does not lie in its being understood and practiced as a positive law. On the contrary, to focus on human rights law as positive law is to conceal the political nature of human rights and to prevent effective development of its moral and political potential. Further, the author considers the case of Sharia law and argues that Sharia, f

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42

Mintoff, Joe. "Can Utilitarianism Justify Legal Rights with Moral Force?" University of Pennsylvania Law Review 151, no. 3 (January 2003): 887. http://dx.doi.org/10.2307/3312881.

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43

Hassoun, Nicole. "Some Reflections onThe Moral Dimensions of Human Rights." Jurisprudence 3, no. 1 (June 2012): 253–62. http://dx.doi.org/10.1080/20403313.2012.11423538.

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44

Panchenko, Olha Ivanivna. "The case-law from the ECHR regarding the compensation of moral damage to the employee." Revista Amazonia Investiga 11, no. 57 (November 8, 2022): 48–55. http://dx.doi.org/10.34069/ai/2022.57.09.5.

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The purpose of the article is to study the practice by the ECHR regarding reimbursement for moral harm caused to the employee. The subject matter of research is moral damage. Methodology. The methodological bases for the Article are: general scientific, systematic methods, method of descent from the abstract to the concrete, sociological and legal research method, method of generalizing judicial practice, etc. Research results. The judgments by the ECHR on compensation for moral damage to employees, which was caused as a result of discrimination, dismissal due to a strike, because of the state

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45

Mendonça Bertotti, Bárbara, Cynthia Gruendling Juruena, and Mohamed A. 'Arafa. "POLYGAMY AGAINST MORAL OR AGAINST LAW? A COMPARATIVE STUDY BETWEEN BRAZILIAN LAW AND ISLAMIC LAW." Revista do Direito, no. 63 (August 19, 2021): 26–48. http://dx.doi.org/10.17058/rdunisc.v0i63.15290.

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This article aims to investigate in a different way the concomitant relations of conjugality - here from the moment it is formalized matrimonialized as to its conformation as a situation of fact, not Authorized and not Islamic Law. The Brazilian and Islamic legal systems admit and protect polygamous relationships? The conclusion is that the right of reply is the right of police expression manifested in polygamy. In Brazil, the laws are not of the world of facts, being inclusive, in some cases, those of the right to the right, but there is still a strong tendency to legalize the legalization of

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46

Le, Van Anh. "Moral rights and their position in the digital world." Ministry of Science and Technology, Vietnam 64, no. 3 (December 20, 2022): 46–54. http://dx.doi.org/10.31276/vmostjossh.64(3).46-54.

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The proliferation of technology and the internet has made moral rights more vulnerable than ever. Although the digital age plays a significant role in disseminating culture to a larger audience, the online environment also comes with a threat to the author’s personal interests. Their “spiritual children” are more easily under attack. However, under international law, moral rights have not been considered duly. The Berne Convention, the TRIPS Agreement, WIPO Internet Treaties, and even EU Harmonize Directives all shy away from the moral rights issue in the “Digital age”. In an era when technolo

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Alexander, John M. "Capabilities, human rights and moral pluralism." International Journal of Human Rights 8, no. 4 (January 2004): 451–69. http://dx.doi.org/10.1080/1364298042000283585.

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Vaver, D. "Moral rights yesterday, today and tomorrow." International Journal of Law and Information Technology 7, no. 3 (September 1, 1999): 270–78. http://dx.doi.org/10.1093/ijlit/7.3.270.

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Situngkir, Danel Aditia. "MANIFESTASI PRINSIP MORAL DALAM PEMBENTUKAN PENGADILAN PIDANA INTERNASIONAL." Ensiklopedia of Journal 4, no. 3 (February 6, 2022): 1–7. http://dx.doi.org/10.33559/eoj.v4i3.950.

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The establishment of the International Criminal Court is an answer to the view of natural law regarding past events where to try the perpetrators of serious crimes against human rights an ad hoc international criminal court was formed which violates the provisions that have been considered rigid as law by positivists. In view of natural law, the provisions referred to in the Rome Statute are formed which are the basis for the establishment of an international criminal tribunal that has the authority to try perpetrators of crimes of genocide, crimes against humanity, war crimes and crimes of ag

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Moore, Michael S. "LIBERTY AND THE CONSTITUTION." Legal Theory 21, no. 3-4 (December 2015): 156–241. http://dx.doi.org/10.1017/s1352325216000057.

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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

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