Economic Freedom and the Law

Author: Timothy Sandefur

Publisher: Cato Institute

ISBN: 1935308343

Category: Political Science

Page: 376

View: 6564

America’s founders thought the right to earn a living was so basic and obvious that it didn’t need to be mentioned in the Bill of Rights. The Right to Earn a Living charts the history of this fundamental human right, from the constitutional system that was designed to protect it by limiting government’s powers, to the Civil War Amendments that expanded protection to all Americans, regardless of race.
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The Declaration of Independence and the Right to Liberty

Author: Timothy Sandefur

Publisher: Cato Inst

ISBN: 9781939709035

Category: Law

Page: 199

View: 8070

Addresses concerns about the potential for civil liberties violations to explain how the Declaration of Independence can explain the Constitution, guiding readers through the ideas due process and judicial activism while drawing on examples from literature, pop culture and Supreme Court cases to argue that modern doctrines are endangering individual rights.
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Author: Luiz de Mello,Randa Sab

Publisher: International Monetary Fund

ISBN: N.A

Category: Civil rights

Page: 25

View: 4263

Government spending plays a critical role in protecting and enforcing rights and civil liberties. Empirical evidence for a sample of industrial and developing countries shows that government expenditures on defense, law and order, social security, education, and health care are associated with three rights indicators—property rights, equality of citizens before the law, and economic freedom. In particular, an increase in spending on law and order seems to improve the indicators of rights and civil liberties, and lower budget deficits seem to improve property rights and equality before the law. Of great importance is the finding that corruption is associated with worse rights indicators.
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Legal and Philosophical Perspectives

Author: Virginia Mantouvalou

Publisher: Bloomsbury Publishing

ISBN: 1782254994

Category: Law

Page: 388

View: 4362

The value of work cannot be underestimated in today's world. Work is valuable because productive labour generates goods needed for survival, such as food and housing; goods needed for self-development, such as education and culture; and other material goods that people wish to have in order to live a fulfilling life. A job also generally inspires a sense of achievement, self-esteem and the esteem of others. People develop social relations at work, which can be very important for them. Work brings both material and non-material benefits. There is no doubt that work is a crucial good. Do we have a human right to this good? What is the content of the right? Does it impose a duty on governments to promote full employment? Does it entail an obligation to protect decent work? There is also a question about the right-holders. Do migrants have a right to work, for example? At the same time many people would rather not work. What kind of right is this, if many people do not want to have it? The chapters of this book address the uncertainty and controversy that surround the right to work both in theoretical scholarship and in policymaking. They discuss the philosophical underpinnings of the right to work, and its development in human rights law at national level (in jurisdictions such as the United Kingdom, Australia, Japan, France and the United States) and international level (in the context of the United Nations, the European Social Charter, the International Labour Organization, theEuropean Convention on Human Rights and other legal orders).
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A Freedom House Study

Author: Richard E. Messick,Freedom House (U.S.)

Publisher: Transaction Publishers

ISBN: 9781412841849

Category: Political Science

Page: 219

View: 7920

The World Survey of Economic Freedom re-ports on eighty-two nations in the Americas, Western Europe, Central East Europe, and NIS (Newly Independent States), Asia, the Middle East, and Africa surveyed by Freedom House during 1995. For each nation, background information is provided, as well as answers to questions about freedom to hold property, to earn a living, to operate a business, to invest one's earnings, to trade internationally, to participate in a market economy, and freedom from unreasonable government interference in the economy. By focusing attention on nations in which economic freedom is denied, and in which individuals are not free to buy, sell, and trade in a market economy, this Freedom House survey advances the cause of democracy.
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A Collection of Papers by Fred R. Berger

Author: Bruce Russell

Publisher: Springer Science & Business Media

ISBN: 9401133344

Category: Philosophy

Page: 222

View: 8000

In the essays that follow, Fred Berger argues for freedom of expression, civil disobedience, affirmative action and what he calls liberal judicial activism and against sex-role stereotyping, paternalism and the censorship of pornography. Underlying his liberalism is a unified theory. That theory consists of a conception of rights, a theory of value and a theory of government. The conception of a right that Berger defends derives from J ohn Stuart Mill and is captured by what he calls "the rights formula": to have a right is to have important interests that society ought to protect as a matter of general rule (pp. 2, 7, 17-18, 19, 95). Since rights are to be protected by general rule, case-by-case consideration of consequences is ruled out (pp. 3, 18, 96) and neither modest increases in the general welfare, nor majority opinion, can justify the violation of a right (pp. 14-15; 17-18). Berger combines this view of the nature of a right with an objective theory of value according to which the important interests that ought to be protected are ones that people have "whether they know them or not, whether they desire that in which they have an interest or not" (p.
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New Native Voices

Author: Joel T. Maki

Publisher: D & M Publishers

ISBN: 9781926685984

Category: Literary Collections

Page: 240

View: 1330

Let the Drums be Your Heart brings together the work of more than forty aboriginal writers from all over Canada. concerned with family and days gone by, romance and adventure, tragedy and danger, these poems, short stories, articles and life stories ring with native pride and determination. As editor Joel T. Maki points out in his introduction, storytellers and historians have always played a vital role in aboriginal communities, ensuring that indvidiual cultures, languages, legends and customs would survive. In this book, as in his earlier anthology Steal My Rage, Maki presents the work of writers from a variety of nations and backgrounds. Honouring past and present struggles of Native peoples everywhere, this anthology will serve to remind readers, as Maki says, of the proud warrior spirit that lies within.
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Author: Dirk Ehlers

Publisher: Walter de Gruyter

ISBN: 3110971968

Category: Law

Page: 644

View: 725

The ever increasing relevance of European law which involves replacement or supplementation of and interaction with national law not only affects the states in Europe but also, and foremost, the citizens. The rights of the citizens in Europe are protected by the European Fundamental Rights and Freedoms. The aim of this textbook is to grasp and illustrate the meaning of these rights and to integrate it into a coherent system. For this purpose the book not only deals with the pertinent law of the European Union and the European Community, but also with the European Convention for the Protection of Human Rights and Fundamental Freedoms which, too, is becoming more and more important.
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A New Translation with Notes and Commentary

Author: Markus Barth,Helmut Blanke

Publisher: Wm. B. Eerdmans Publishing

ISBN: 9780802838292

Category: Religion

Page: 561

View: 3985

"This commentary by Markus Barth and Helmut Blanke is unique for its exhaustive study of the ancient world at the time Philemon was written. The volume examines the institution of slavery in Paul's day, drawing from secular Greco-Roman sources and from other Christian writers of the time. The references to slavery found in Ephesians, Colossians, and 1 Timothy are also compared and contrasted with Paul's statements in Philemon. In addition, the verse-by-verse commentary focuses on important themes in Pauline theology, including love, faith and faithfulness, church unity, providence, free will, and human responsibility. Finally, Barth makes his exposition even more useful by surveying the history of the interpretation of Philemon, from the patristic age to modern liberation theologians." "The product of Markus Barth's lifelong research and completed by Helmut Blanke, this new volume in the Eerdmans Critical Commentary series will become the standard work on Philemon."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
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Justifying Social Action

Author: Virginia Held

Publisher: University of Chicago Press

ISBN: 9780226325880

Category: Philosophy

Page: 336

View: 653

Theories of justice, argues Virginia Held, are usually designed for a perfect, hypothetical world. They do not give us guidelines for living in an imperfect world in which the choices and decisions that we must make are seldom clear-cut. Seeking a morality based on actual experience, Held offers a method of inquiry with which to deal with the specific moral problems encountered in daily life. She argues that the division between public and private morality is misleading and shows convincingly that moral judgment should be contextual. She maps out different approaches and positions for various types of issues, including membership in a state, legal decisions, political activities, economic transactions, interpersonal relations, diplomacy, journalism, and determining our obligation to future generations. Issues such as these provide the true test of moral theory, since its success is seen in the willingness of conscientious persons to commit themselves to it by acting on it in their daily lives.
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Author: Marion G. Crain,Pauline T. Kim,Michael L. Selmi

Publisher: LexisNexis

ISBN: 0327176555

Category: Law

Page: 1146

View: 5029

The law of work has evolved as a patchwork of legal interventions in the labor market, sometimes by statute, and sometimes through the common law of judicial decisions. Most law school curricula divide the law of work into three topical areas--Labor Law, Employment Law, and Employment Discrimination--and offer separate courses in each area. Labor law in the United States is understood to encompass the study of the National Labor Relations Act, the law governing union organizing and collective bargaining. It is the law of collective rights at work. Employment law refers to the statutes and common law governing individual rights at work. It ranges from minimum standards legislation to judicially created doctrines based in tort and contract law. Employment discrimination law deals with the statutes and interpretative case law advancing the antidiscrimination norm in the workplace. These statutes address the problem of status discrimination at work (e.g., discrimination on the basis of race, sex, national origin, ethnicity, religion, disability, or sexual orientation). A comprehensive study of the law of work also provides an opportunity to assess critically what form enforcement of rights should take. Should conflicts between employers and employees be channeled into private resolution systems such as collective bargaining or contractual arbitration, or is the public interest sufficient to justify committing administrative, judicial and legislative resources to it? What is the significance of casting employee rights as collective--and therefore entrusting their enforcement to an employee representative such as a union--versus conceptualizing them as individual? Must such a collective representative be independent of the employer, or do employer-initiated employee committees further worker voice just as effectively? Doesn't history also warn of the risks of subordinating individual interests to those of the collective, particularly in the context of a diverse workforce with minority groups characterized by race, ethnicity or gender? Accordingly, the casebook is called " Work Law" and it endeavors to present basic materials on each system of labor market regulation. The book identies core themes of conflict and concern in the workplace, canvass the governing law, and offer a vantage point for assessment. Several themes furnish the organizing structure for the book. The book asks how law should mediate the perennial conflict between employer and employee rights; what difference it makes whether employee rights are conceptualized individually or collectively; what significance the increasing racial, ethnic, and gender diversity of the workforce should have for legal policy; whether dispute resolution systems should be privatized (via collective bargaining or individual contract) or remain in the public fora (courts and legislatures); and whether law is the most effective way to address interests of employers and employees (as contrasted, for example, with human resource practices, employer initiatives, or employee self-help measures). The book will be most useful in Employment Law courses that address the significance of conceptualizing rights at work individually as opposed to collectively. Its strength is its refusal to categorize the law of the workplace in doctrinal boxes that may be out-of-date by the time the book reaches maturity. The book adverts to Labor Law principles at a number of points throughout the book, but at a policy level rather than a doctrinal level, as a way of introducing and evaluating an alternative model of employee representation; the book does not assume any knowledge of Labor Law on the part of teacher or student and makes no effort to provide a satisfactory substitute for a Labor Law text. The book offers some detail in the law of Employment Discrimination but does so primarily with an eye toward surveying the field and assessing antidiscrimination regulation as a response to an increasingly diverse workforce, rather than providing an in-depth study of Employment Discrimination principles. The text surveys the existing legal landscape, but it does not stop there. Work Law is an exciting and intellectually stimulating practice area because it is of necessity in a constant state of flux, responding to labor market innovations. Flexibility in thinking is vital to this area of practice.
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A Manifesto for Freedom

Author: David Boaz

Publisher: Simon and Schuster

ISBN: 1476752842

Category: Philosophy

Page: 432

View: 8290

Details libertarianism's roots, central tenets, solutions to contemporary policy dilemmas, and its views on the future of personal and economic freedom in American society.
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The Relationship of Political and Civil Rights to Survival, Subsistence and Poverty

Author: Human Rights Watch (Organization)

Publisher: Human Rights Watch

ISBN: 9781564320841

Category: Basic needs

Page: 76

View: 8353

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Author: Hugh Collins

Publisher: OUP Oxford

ISBN: 0191018902

Category: Law

Page: 288

View: 1716

This updated edition offers a fresh approach to the law governing employment relations, emphasising the contemporary policy themes of social inclusion, competitiveness, and the rights of citizenship in the workplace. It acts as a succinct and accessible overview for those new to the subject as well as an excellent summary for students. Employment Law covers all the main areas of the subject including contracts of employment, anti-discrimination law, trade unions, industrial action, and human rights in the workplace. It also discusses how UK law, under the influence of EU law and international protection of human rights, has been transformed for the twenty-first century by pursuing new goals such as helping to achieve a better balance between work and life, to improve the competitiveness of business through partnership institutions, and to provide superior protection for the basic rights of employees in the workplace. Offering frequent comparisons with the law of other countries, including the United States, the book also discusses the effectiveness of employment regulation as well as examining the different national and transnational methods available.
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How the Ruling Class Turns Our Freedoms into Privileges and What We Can Do About It

Author: Timothy Sandefur

Publisher: Encounter Books

ISBN: 1594038406

Category: Political Science

Page: 296

View: 6766

Throughout history, kings and emperors have promised “freedoms” to their people. Yet these freedoms were really only permissions handed down from on high. The American Revolution inaugurated a new vision: people have basic rights to life, liberty, and the pursuit of happiness, and government must ask permission from them. Sadly, today’s increasingly bureaucratic society is beginning to turn back the clock and to transform America into a nation where our freedoms—the right to speak freely, to earn a living, to own a gun, to use private property, even the right to take medicine to save one’s own life—are again treated as privileges the government may grant or withhold at will. Timothy Sandefur examines the history of the distinction between rights and privileges that played such an important role in the American experiment, and how we can fight to retain our freedoms against the growing power of government. Illustrated with dozens of real-life examples—including many cases he litigated himself—Sandefur shows how treating freedoms as government-created privileges undermines our Constitution and betrays the basic principles of human dignity.
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Public Health in America

Author: James T. Bennett,Thomas J. Di Lorenzo

Publisher: Transaction Publishers

ISBN: 9780765800237

Category: Political Science

Page: 160

View: 8231

Barely a day goes by without news of the latest public health threat from the American media. Some of us are told we live in a "cancer cluster"-an area with a disproportionate number of cancer deaths. During the summer months, those who live in or near urban areas are bombarded with daily smog measurements and air pollution alerts. City water supplies are frequently called health hazards. At times, it seems as though virtually everything we eat and drink is denounced as bad for us by some "public health expert." Our cars burn too much gasoline; we own too many firearms; we are too fat; some of us are too skinny. Americans today are living longer than they ever have before. Why the almost daily announcements of new public health threats and proclamations of impending crises? Bennett and DiLorenzo address this question and others here. They begin by examining the large public health bureaucracy, its preoccupation with expanding governmental programs, and its concern with political issues that too often have little to do with improving public health. Then they trace the evolution of the American public health movement from its founding after the Civil War to the 1950s. They describe the transformation of public health's focus from the eradication of disease to social policy as a by-product of the 1960s. Bennett and DiLorenzo catalogue the "radicalization" of the public health movement by discussing its numerous political initiatives. They include case studies of the politicization of the public health movement in America. The authors reveal various methods of statistical manipulation that certain public health researchers use to "cook the data" in order to achieve politically correct results. A final chapter discusses the implications of the transformation of public health from pathology to politics. This vigorously argued analysis sees the public health movement as claiming expertise on virtually every social issue, from poverty to human rights. Students of public policy and public health officials, along with readers interested in public health issues, will find this absorbing reading.
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Author: Christopher Alan Anderson

Publisher: First Edition Design Pub.

ISBN: 1622870980

Category: Psychology

Page: 8

View: 3776

A call to all of mankind to fully realize and embrace the true spirit of freedom as contained in man and woman balance.
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Author: W. Paul Gormley

Publisher: Springer Science & Business Media

ISBN: 9401195307

Category: Law

Page: 206

View: 2561

The most important sipgle factor in guaranteeing the effective pro tection of human rights - including economic and property interest- is that private individuals and groups be capable of maintaining a judicial action against any sovereign State causing them injury. Thus, individuals must possess the necessary locus standi at both the regional and international levels. A private individual must be able to prosecute an action before an international tribunal - in his own name - against an offending Government, particularly his own. Unfortunately, this necessary right of action was not recognized under traditional internatio nallaw. It is only very recently, since the adoption of the European Convention of Human Rights and the Establishing Treaty of the Common Market, that nongovernmental entities have achieved locus standi before international courts. As this book is being written, it is no longer valid to hold that only States are procedural subjects of international law. Nevertheless, it must - tragically - be conceded that individuals do not enjoy the same standing as Member States. This same generalization applies to the United Nations. Starting with the proposition that the individual is a subject of the Law, this book not only analyses examples supporting this viewpoint, but it concentrates on the more important shortcomings, primarily those existing within the Council of Europe, the European Economic Community, and the United Nations. Therefore, recommendations are offered as to the specific improvements that must be made.
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A Social Work Perspective

Author: Elisabeth Reichert

Publisher: Columbia University Press

ISBN: 0231510349

Category: Social Science

Page: 296

View: 4049

By using human rights as a guidepost, social workers can help create social welfare policies that better serve societal needs. However, in applying human rights to contemporary situations, social workers often encounter challenges that require thinking outside the box. Bringing together provocative essays from a diverse range of authors, Elisabeth Reichert demonstrates how approaching social work from a human rights perspective can profoundly affect legislation, resource management, and enforcement of policies. Topics include the reconciliation of cultural relativism with universal human rights; the debate over whether human rights truly promote economic and social development or simply allow economically developed societies to exploit underdeveloped countries; the role of gender in the practice of human rights; the tendency to promote political and civil rights over economic and social rights; and the surprising connection between the social work and legal professions.
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Rediscovering a Lost Constitutional Right

Author: David N. Mayer

Publisher: Cato Institute

ISBN: 1935308408

Category: Law

Page: 165

View: 3985

Examines the history of the liberty of contract and shows how this right has been continuously diminished by court decisions and by our country's growing regulatory and welfare state.
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