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Volumn 30, Issue 3, 2001, Pages 321-333

Are all rights positive?

(1)  Gewirth, Alan a  

a NONE

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EID: 52849093367     PISSN: 00483915     EISSN: 10884963     Source Type: Journal    
DOI: 10.1111/j.1088-4963.2001.00321.x     Document Type: Article
Times cited : (21)

References (4)
  • 1
    • 0003754159 scopus 로고    scopus 로고
    • Princeton, N.J.: Princeton University Press
    • With this thesis should be compared the more complex thesis of Henry Shue, Basic Rights, Subsistence, Affluence, and U.S. Foreign Policy, 2nd ed. (Princeton, N.J.: Princeton University Press, 1996), who holds that every basic right entails three kinds of duties: to avoid depriving, to protect from deprivation, and to aid the deprived (p. 52).
    • (1996) Basic Rights, Subsistence, Affluence, and U.S. Foreign Policy, 2nd Ed.
    • Shue, H.1
  • 2
    • 0003723164 scopus 로고
    • Berkeley and Los Angeles: University of California Press, chap. 7
    • Unlike Holmes and Sunstein, Shue does not try to show that any one of these duties, or the correlative right, is more fundamental or more encompassing than the others. While skeptical of the distinction between negative and positive rights as often interpreted, he in effect accepts both kinds of rights. The cost of rights is also discussed in James W. Nickel, Making Sense of Human Rights (Berkeley and Los Angeles: University of California Press, 1987), chap. 7.
    • (1987) Making Sense of Human Rights
    • Nickel, J.W.1
  • 3
    • 0002983386 scopus 로고
    • Against Positive Rights
    • Winter
    • Cass Sunstein has previously urged that "positive rights" (which he seems to equate with social and economic rights) be excluded from the constitutions of East European countries because, among other reasons, the difficulties of implementing them may render the constitutions vacuous and their interference with free markets may have counterproductive results. See Sunstein, "Against Positive Rights," East European Constitutional Review 2 (Winter 1993): 35-38.
    • (1993) East European Constitutional Review , vol.2 , pp. 35-38
    • Sunstein1
  • 4
    • 52849110558 scopus 로고    scopus 로고
    • Frank Newman and David Weissbrodt, eds., Cincinnati, Ohio: Anderson Publishing Co.
    • The United States government has adduced similar grounds for unqualifiedly rejecting social and economic rights from the sphere of recognized human rights. See Frank Newman and David Weissbrodt, eds., International Human Rights: Law, Policy, and Process, 2nd ed. (Cincinnati, Ohio: Anderson Publishing Co., 1996), pp. 60-61. In The Cost of Rights, however, Sunstein takes a more general view of positive rights.
    • (1996) International Human Rights: Law, Policy, and Process, 2nd Ed. , pp. 60-61


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