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Journal articles on the topic 'Rights defense'

Author: Grafiati

Published: 4 June 2021

Last updated: 12 February 2022

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1

Huang, Tian Ming, Xing Yun Yu, and Chao Xie. "Research on the Sort and Evaluation of National Defense Intellectual Property Rights." Advanced Materials Research 971-973 (June 2014): 2398–401. http://dx.doi.org/10.4028/www.scientific.net/amr.971-973.2398.

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According as the characteristic of National Defense Intellectual Property Rights, such as martial, monopolized, specific and be not suitable for current, the thesis classified National Defense Intellectual Property Rights as National Defense patent, National Defense technology privacy, National Defense copyright, National Defense brand-right and National Defense credit standing right. We should choose different means base on the different types.

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2

Biao, Teng. "What Is Rights Defense?" Chinese Law & Government 46, no. 5-6 (2013): 13–20. http://dx.doi.org/10.2753/clg0009-4609460501.

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3

Regan, Tom, and Diana T. Meyers. "Inalienable Rights: A Defense." Philosophical Review 96, no. 2 (1987): 304. http://dx.doi.org/10.2307/2185167.

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4

van der Vossen, Bas. "UNCERTAIN RIGHTS AGAINST DEFENSE." Social Philosophy and Policy 32, no. 2 (2016): 129–45. http://dx.doi.org/10.1017/s0265052516000133.

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Abstract:In this essay, I defend a theory of liability to defensive force. The theory contains two elements. The first is a dual Lockean-inspired condition. The second aims to make this first condition consistent with problems arising from uncertainty. Drawing on recent work by Michael Zimmerman, I argue that the rights-based condition should be made sensitive to the evidence available to defenders.

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5

Harel, Alon. "Revisionist Theories of Rights: An Unwelcome Defense." Canadian Journal of Law & Jurisprudence 11, no. 2 (1998): 227–44. http://dx.doi.org/10.1017/s0841820900002009.

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Disputes over the scope of specific rights, e.g., over the right to free speech, the right to property, or the right to equality, often originate in differing assumptions concerning the reasons that justify the protection of these rights. Thus, those who believe that reasons of autonomy justify the right to free speech will identify the scope of this right differently from those who justify this protection through, say, appeal to the marketplace of ideas. Despite the diverse subject matter of these disputes, there is a uniform structure characterizing them. Some supporters of rights, call them

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6

Greenlaw, Paul S., and John P. Kohl. "Employer “Business” and “Job” Defenses in Civil Rights Actions." Public Personnel Management 23, no. 4 (1994): 573–86. http://dx.doi.org/10.1177/009102609402300404.

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In civil rights actions, employee-plaintiffs alleging discrimination must attempt to prove a prima facie case;1 and if accomplished the employer-defendant must attempt to rebut such cases with some type of defense. These defenses may be very narrow and specific in scope such as the seniority or merit system defenses explicitly provided for under the 1963 Equal Pay Act (EPA). On the other hand, broader “business” and or “job” defenses (and the wording and meaning varies from situation to situation) have been both devised by the courts as standards of behavior for employers, and stipulated for e

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7

Dog˘an, Aysel. "A Defense of Animal Rights." Journal of Agricultural and Environmental Ethics 24, no. 5 (2010): 473–91. http://dx.doi.org/10.1007/s10806-010-9273-3.

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8

Des Jardins, Joseph R., and John J. McCall. "A defense of employee rights." Journal of Business Ethics 4, no. 5 (1985): 367–76. http://dx.doi.org/10.1007/bf02388589.

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9

Nordahl, Richard. "Ronald Dworkin and the Defense of Homosexual Rights." Canadian Journal of Law & Jurisprudence 8, no. 1 (1995): 19–48. http://dx.doi.org/10.1017/s0841820900003064.

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For years Ronald Dworkin has been a leading academic defender of individual rights. The political and jurisprudential theory underlying his defense has had enormous influence. Defense of the rights of homosexuals has been a prominent theme in his writings. In 1966 he published his well-known critique of Lord Devlin’s critical essay on the Wolfenden’s Committee’s recommendations that sexual relations in private between consenting homosexual adults be de-criminalized (reprinted in 1978b, ch. 10). In recent writings, he has condemned key rulings by American courts that denied certain basic rights

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10

Mamula, Đorđe. "Right of the accused to adequate time for preparing his defense in the criminal proceedings." Glasnik Advokatske komore Vojvodine 72, no. 8-9 (2000): 309–15. http://dx.doi.org/10.5937/gakv0008309m.

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The author analyzes statutory provisions as to right to defense and right to adequate time for preparing the defense. The author criticizes the Statute that divides these rights into two categories: the rights before and the rights after the first questioning of the accused. The Constitution does not define this right as deferred to some later moment in the proceedings. Guarantees for the position of the accused have to be of such nature to prevent arbitrariness in the application of legal norms.

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11

McCall, John J. "Employee Voice in Corporate Governance: A Defense of Strong Participation Rights." Business Ethics Quarterly 11, no. 1 (2001): 195–213. http://dx.doi.org/10.2307/3857877.

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Abstract:This article surveys arguments for the claim that employees have a right to strong forms of decision-making participation. It considers objections to employee participation based on shareholders’ property rights and it claims that those objections are flawed. In particular, it argues the employee participation rights are grounded on the same values as are property rights. The article suggests that the conflict between these two competing rights claims is best resolved by limiting the scope of corporate property rights and by recognizing a strong employee right to co-determine corporat

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12

Huemer, Michael. "Gun Rights as Deontic Constraints." Social Theory and Practice 45, no. 4 (2019): 601–12. http://dx.doi.org/10.5840/soctheorpract20201375.

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In earlier work, I argued that gun prohibition is unjustified because it violates an individual right to self-defense. Here, I defend that argument against objections posed by Nicholas Dixon and Jeff McMahan to the effect that the right of citizens to be free from gun violence counterbalances the right of self-defense, and that gun prohibition does not violate the right of self-defense because it renders everyone overall safer.

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13

Biao, Teng. "The Rights Defense Movement in China." Chinese Law & Government 46, no. 5-6 (2013): 4–12. http://dx.doi.org/10.2753/clg0009-4609460500.

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14

Hadley, John. "Animal Rights and Self-Defense Theory." Journal of Value Inquiry 43, no. 2 (2009): 165–77. http://dx.doi.org/10.1007/s10790-009-9149-9.

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15

Gooding, Piers, and Tova Bennet. "The Abolition of the Insanity Defense in Sweden and the United Nations Convention on the Rights of Persons with Disabilities." New Criminal Law Review 21, no. 1 (2018): 141–69. http://dx.doi.org/10.1525/nclr.2018.21.1.141.

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The U.N. Convention on the Rights of Persons with Disabilities (CRPD) may require the abolition of the insanity defense and similar “special defenses” in criminal law. Proponents argue that abolishing the defense would advance efforts to fully recognize the legal capacity of persons with disabilities on an equal basis with others; detractors suggest it would compound the substantive inequality of an already marginalized population. This paper seeks to accelerate this debate with reference to Swedish criminal law, which saw the abolition of the insanity defense in 1965. Neither side of the deba

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16

Smith, Tara. "WHY A TELEOLOGICAL DEFENSE OF RIGHTS NEEDN'T YIELD WELFARE RIGHTS." Journal of Social Philosophy 23, no. 3 (1992): 35–50. http://dx.doi.org/10.1111/j.1467-9833.1992.tb00131.x.

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17

Gardbaum, Stephen. "A Democratic Defense of Constitutional Balancing." Law & Ethics of Human Rights 4, no. 1 (2010): 79–106. http://dx.doi.org/10.2202/1938-2545.1045.

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We all live in the age of constitutional balancing. Abstracting away differences of nuance and doctrinal detail, balancing is a common feature of the structure of rights analysis across contemporary constitutional systems. Indeed, abstracting just a little further still, balancing is an inherent part of the near-universal general conception of a constitutional right as an important prima facie claim that nonetheless can in principle be limited or overridden by certain non-constitutional rights premised on conflicting public policy objectives.It is not surprising, then, that a significant liter

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18

Grudecki, Michał, and Magdalena Kleszcz. "DEPRIVATION OF LIFE OF AN ASSAILANT IN THE NECESSARY DEFENSE AND A CATALOG OF PROTECTED LEGAL INTERESTS." Roczniki Administracji i Prawa 3, no. XX (2020): 135–52. http://dx.doi.org/10.5604/01.3001.0014.4235.

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The article is devoted to the issue of killing an attacker in self-defense. The considerations are based on the interpretation of Article 25 § 2 of the Penal Code, from which it follows that the method of defense must be commensurate with the danger of attack. The authors are looking for a catalog of legal interests that can be defended by harming the attacker’s life. They also analyze Article 2 (2a) European Convention of Human Rights, according to which deprivation of life shall not be regarded as inflicted in contravention of this Article when it results from the use of force which is no mo

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19

Moore, Michael S. "LIBERTY AND THE CONSTITUTION." Legal Theory 21, no. 3-4 (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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20

Mathiesen, Kay. "The Human Right to Internet Access: A Philosophical Defense." International Review of Information Ethics 18 (December 1, 2012): 9–22. http://dx.doi.org/10.29173/irie299.

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The United Nations has suggested that access to the Internet is a human right. In this paper, I defend the U.N.’s position against a number of challenges. First, I show that Vinton Cerf’s recent rejection of the human right to the Internet is based on a misunderstanding of the nature and structure of human rights. Second, I argue that the Internet enables the right to communicate, which is a linchpin right, and, thus, states have a duty to see to it that citizens have access to Internet technology. Third, I argue that concerns that the Internet can be used to engage in oppression and imperiali

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21

Greco, Luís. "Legítima defensa de animales." Nuevo Foro Penal, no. 15 (June 28, 2019): 23–50. http://dx.doi.org/10.17230/nfp.15.92.1.

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If we recognize that animals have rights, even minimal and rudimentary as the right to not to be killed without an acceptable reason or the right to live without constant or repetitive pain (§ 17 Animal Protection Law), then the consequence is that they would be covered by the right to selfdefense. Such rights would configure the attacked subjective right, which is exercised by humans instead of animals and they do so in their interest based on a legitimate third party’s defense. The legitimate defense in favor of animals is, however, less extensive than the one which is carried out in favor

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22

Князева, Наталья, and Natalya Knyazeva. "Labours’ Right Protection of the Groups of Workers." Journal of Russian Law 4, no. 11 (2016): 0. http://dx.doi.org/10.12737/22200.

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The article pays attention to the fact that as a rule violations of labours’ right protection are of mass proportions, but the labor legislation does not provide the possibility for collective defense. Features of the labours’ right protection predetermine the necessity for restoration of the rights of one employee to solve the question about other employees whose rights have been violated in the same way. Following this line of reasoning and taking into account the identified advantages of collective defense, there was substantiated the necessity of recognition of the collective right for pro

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23

Tat'yanin, D. V. "THE PRINCIPLE OF ENSURING THE RIGHT OF THE ACCUSED AND SUSPECT TO DEFENSE." Bulletin of Udmurt University. Series Economics and Law 30, no. 5 (2020): 763–68. http://dx.doi.org/10.35634/2412-9593-2020-30-5-763-768.

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The principle of ensuring the right of the accused and suspect to defense is one of the absolute guarantees of the protection of the rights of these participants. However, despite its sufficient regulation, in practice there are several issues that need to be resolved. The right to defense is not identical to the right to provide qualified legal assistance, which calls into question the implementation of the principle in question from the standpoint of protecting the rights of accused and suspects, while the legislator allows the possibility of exercising this right not only by lawyers, but al

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24

Habibi, Don. "Amartya Sen's Defense of Strong Human Rights." Journal of Indian Philosophy and Religion 17 (2012): 107–41. http://dx.doi.org/10.5840/jipr2012175.

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25

Sheng, C. L. "A Defense of Utilitarianism Against Rights-Theory." Social Philosophy Today 5 (1991): 269–99. http://dx.doi.org/10.5840/socphiltoday1991557.

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26

Marquis, Don. "Manninen's Defense of Abortion Rights Is Unsuccessful." American Journal of Bioethics 10, no. 12 (2010): 56–57. http://dx.doi.org/10.1080/15265161.2010.528516.

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27

Frick, Marie-Luisa. "The cultural defense and women’s human rights." Philosophy & Social Criticism 40, no. 6 (2014): 555–76. http://dx.doi.org/10.1177/0191453714530986.

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28

Adams, David M. "In Defense of the Autonomy of Rights." Philosophy Research Archives 14 (1988): 51–72. http://dx.doi.org/10.5840/pra1988/19891421.

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29

Mapel, David R. "Innocent Attackers and Rights of Self-Defense." Ethics & International Affairs 18, no. 1 (2004): 81–86. http://dx.doi.org/10.1111/j.1747-7093.2004.tb00454.x.

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Imagine that a neighboring state drafts an army of ignorant soldiers, makes them falsely believe that your state poses an imminent threat to their survival or political independence, and then launches them across your border. As a soldier, would you have a right to kill such attackers in self-defense or in defense of your country? In this brief comment, I will focus primarily on the question of whether one may kill “innocent attackers,” that is, individuals who pose a lethal threat through no moral fault of their own, but because they are acting under a combination of duress and nonculpable ig

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30

Kiper, Jordan. "Henry Shue on Basic Rights: A Defense." Human Rights Review 12, no. 4 (2011): 505–14. http://dx.doi.org/10.1007/s12142-011-0197-8.

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31

Lindsay, Ira K. "A DEFENSE OF HUMEAN PROPERTY THEORY." Legal Theory 27, no. 1 (2021): 36–69. http://dx.doi.org/10.1017/s1352325221000033.

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ABSTRACTTwo rival approaches to property rights dominate contemporary political philosophy: Lockean natural rights and egalitarian theories of distributive justice. This article defends a third approach, which can be traced to the work of David Hume. Unlike Lockean rights, Humean property rights are not grounded in pre-institutional moral entitlements. In contrast to the egalitarian approach, which begins with highly abstract principles of distributive justice, Humean theory starts with simple property conventions and shows how more complex institutions can be justified against a background of

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32

Tatyanina, L. G., and F. A. Abasheva. "IMPLEMENTATION OF THE RIGHT TO PROTECTION IN THE PROCEEDINGS OF THE INQUIRY IN AN ABBREVIATED FORM." Bulletin of Udmurt University. Series Economics and Law 31, no. 2 (2021): 312–17. http://dx.doi.org/10.35634/2412-9593-2021-31-2-312-317.

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The article deals with the problems of ensuring the right to protection of suspects in criminal proceedings on crimes investigated in a reduced form of inquiry. The authors draw attention to the need to exclude the formal approach in ensuring the right to a defense in the production of an inquiry in a shortened form, since subsequently the criminal case is considered in a court session in the order of chapter II. 40 of the Code of Criminal Procedure of the Russian Federation, in which there is no judicial investigation, in connection with which the accused, who does not understand the subtleti

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33

RAMONOV, SOSLAN. "LEGISLATIVE REGULATION OF SELF-DEFENSE OF HUMAN RIGHTS AND CITIZENS AND LEGAL INTERESTS." Sociopolitical sciences 10, no. 2 (2020): 123–27. http://dx.doi.org/10.33693/2223-0092-2020-10-2-123-127.

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The scientific article briefly analyzes in a historical retrospective the issues of the formation and development of the institution of self-defense of rights and legitimate interests, starting with the Digest of Justinian and ending with today. The emphasis in the article is made on the need to study the issues of self-defense of the legitimate interests of citizens, as a little-explored side of this institution. At present, it seems important and timely to distinguish between subjective law and legitimate interest in the framework of the study of the constitutional right to self-defense. In

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34

Kosevaliska, Olga. "The ‘Equality Of Arms’ In Macedonian Criminal Procedure." SEEU Review 11, no. 1 (2015): 123–30. http://dx.doi.org/10.1515/seeur-2015-0015.

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Abstract The right to a fair trial is implemented in our criminal procedure and is one of the core values of our criminal justice system. This right is absolute and can’t be limited on any legal base. Its essence is fair and public hearing by an independent and impartial court with guaranteeing of all the minimum rights of the defendant. One of those minimum rights is the right of equity of arms between the parties, the prosecutor and the defense. In our Law on Criminal Procedure, it is provided that the defense has the same rights and duties as the prosecutor except those rights that belong t

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35

Gómez Reyes, José Alfredo. "Los Derechos humanos en la legítima defensa y el uso proporcional de la fuerza." Enfoques Jurídicos, no. 3 (February 25, 2021): 23–34. http://dx.doi.org/10.25009/ej.v0i3.2560.

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RESUMEN: El presente artículo aborda un punto de vista teórico-práctico sobre la legítima defensa como causa de justificación de los delitos, así como el uso proporcional de la fuerza en la defensa de bienes jurídicos tutelados encomendados a cuerpos de seguridad pública y a los de seguridad privada. Todo ello, desde la perspectiva de los derechos humanos.ABSTRACT: This essay addresses a theoretical-practical point of view on legitimate defense as a cause of justification for crimes, as well as the proportional use of force in the defense of protected legal assets encompassed by public securit

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36

Motoryhina, M. H. "ON THE ROLE OF THE STATE IN ENSURING EFFECTIVE DEFENSE IN CRIMINAL PROCEEDINGS FOR THE PURPOSES OF THE PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS." Actual problems of native jurisprudence, no. 06 (March 2, 2020): 158–63. http://dx.doi.org/10.15421/3919116.

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The article presents the issues on ensuring effective defense in criminal proceedings. Analysis of international legal documents, generalization of the practice of the European Court of Human Rights give grounds to divide international legal standards, that have been formed to facilitate the enforcement of the right to defense, into the following groups: 1) standards designed to facilitate the effectiveness of the defense by the accused him- or herself; 2) standards facilitating effective defense by the defense counsel; 3) standards, the adoption of which contributes to the effective defense m

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37

Ingram, Peter Gordon. "Self-Defense as a Justification for War." Canadian Journal of Law & Jurisprudence 7, no. 2 (1994): 283–96. http://dx.doi.org/10.1017/s0841820900002708.

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For those who believe in the values of liberalism and democracy the state is under a political obligation to seek the common welfare of its citizens. In furtherance of this domestic duty, it retains among its external rights and powers that right of self-defense which has been assigned to states under other ideologies.

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38

Ervo, Laura. "The hidden meanings in the case law of the European Court for Human Rights." Semiotica 2016, no. 209 (2016): 209–30. http://dx.doi.org/10.1515/sem-2016-0009.

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AbstractIn my paper, I will study the case law of the European Court of Human Rights by using discourse analysis as a method. My hypothesis is that the court has changed its line concerning the right to a fair trial (in article 6 of the European Convention for Human Rights) over the last twenty years. Earlier, it always defended the rights of the accused and the authorities’ problems, for instance, in fact gathering, were recessive. The same covered the rights of the witnesses even if the court usually confessed that also the witness has their rights, which should be respected. It also stresse

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39

Rodin, David. "Beyond National Defense." Ethics & International Affairs 18, no. 1 (2004): 93–98. http://dx.doi.org/10.1111/j.1747-7093.2004.tb00456.x.

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In War and Self-Defense I attempt to generate a dilemma for the just war theory by arguing that the right of national defense cannot be reduced to personal rights of self-defense, nor can it be explained through an analogy with them. Jeff McMahan, David Mapel, and Fernando Tesón doubt this conclusion. In response I argue, first, that their objections are not as opposed to my basic project as they may at first appear. This is because they are premised on a conception of national defense that differs substantially from mainstream just war theory and international law. Second, I argue that McMaha

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40

Siregar, Friska Anggi. "PENERAPAN BANTUAN HUKUM DI INDONESIA." Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam 10, no. 2 (2019): 165–74. http://dx.doi.org/10.32505/jurisprudensi.v10i2.947.

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law (rechtsstaat) recognizes and protects human rights. All people must be treated equally in the law. Equality in law must be balanced with equal treatment. Legal assistance is the right of a person who is involved in a criminal case to be able to prepare a defense or counseling in upholding his rights as a suspect. Everyone has the right to receive legal assistance from an advocate, no one may be denied the right to obtain a legal defense in a legal state. Provision of legal assistance does not look at religious, ancestral, racial, ethnic, political beliefs, socio-economic strata, skin color

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41

Al ‘Alwani, Taha J. "The Rights of the Accused in Islam (Part Two)." American Journal of Islam and Society 11, no. 4 (1994): 504–18. http://dx.doi.org/10.35632/ajis.v11i4.2410.

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Under the law of Islam, the accused enjoys many rights. Thesewill be summarized below.The Right to a DefenseThe accused has the right to defend himselfherself against anyaccusation. This may be accomplished by proving that the evidencecited is invalid or by presenting other evidence that contradicts it. Inany case, the accused must be allowed to exercise this right so that theaccusation does not turn into a conviction. An accusation means thatthere is the possibility of doubt, and just how much doubt there is willdetermine the amount and parameters of defense. By comparing theevidence presente

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42

Tijana, Zunic, and Djukic Tijana. "Defense rights and police investigation in the EU." Zbornik radova Pravnog fakulteta, Novi Sad 46, no. 2 (2012): 575–96. http://dx.doi.org/10.5937/zrpfns46-2012.

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43

Yuzhanin, Nikolay Vyacheslavovich. "SELF-DEFENSE OF CIVIL RIGHTS AND ACCOUNTABILITY MEASURES." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 17(3) (September 1, 2015): 116–24. http://dx.doi.org/10.17223/22253513/17/12.

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44

Berman, Russell A. "In Defense of Human Rights: Reply to Emden." Telos 2020, no. 193 (2020): 165–83. http://dx.doi.org/10.3817/1220193165.

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45

Hillesheim, Jaime. "Class conflicts, defense of rights and Social Work." Textos & Contextos (Porto Alegre) 18, no. 1 (2019): 20. http://dx.doi.org/10.15448/1677-9509.2019.1.34024.

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Based on Marxian and Marxist assumptions, in particular, the contributions of György Lukács to law as ideology, we try to elicit reflection on the current theoretical and practical challenges to social service to prevent the profession from seeing its ethico-political project capitulate in view of the intensification of the capital offensive against labor. In this paper, the contradictions of the social worker’s work in defending and extending rights vis-a-vis the own logic of bourgeois sociability are discussed. We address the challenges imposed by the limits of such sociability, which requir

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46

Krumholz, Susan T. "Women’s Rights Law Reporter: Women’s Self-Defense Law." Violence and Victims 2, no. 4 (1987): 277–80. http://dx.doi.org/10.1891/0886-6708.2.4.277.

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47

Avilés, William, and Leila Celis. "Democracy, Repression, and the Defense of Human Rights." Latin American Perspectives 44, no. 5 (2017): 4–12. http://dx.doi.org/10.1177/0094582x17713747.

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48

Schwitzgebel, Eric, and Mara Garza. "A Defense of the Rights of Artificial Intelligences." Midwest Studies In Philosophy 39, no. 1 (2015): 98–119. http://dx.doi.org/10.1111/misp.12032.

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49

Langlois, Anthony J. "Human Rights and the Defense of Liberal Democracy." Journal of Religious Ethics 35, no. 4 (2007): 731–50. http://dx.doi.org/10.1111/j.1467-9795.2007.00330.x.

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50

Lee, Hyojin. "Relationship between offense harboring criminal and defense rights." KANGWON LAW REVIEW 62 (February 28, 2021): 459–94. http://dx.doi.org/10.18215/kwlr.2021.62..459.

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