Moral Right in UK Law
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The Honour of the Dead – the Moral Right of Integrity Post-Mortem
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 t...
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The moral significance of the internet in information: Reflections on a fundamental moral right to information
I consider the foundational issue of whether we have a right to information that is fundamental in being independent of other rights and general in protecting all information. To this end, I distin...
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Moral Rights, Human Rights and Social Recognition
This article examines the thesis that rights are always and only conventional rights. It identifies two versions of the conventionalist thesis by distinguishing how each understands a moral right. ...... ... It identifies two versions of the conventionalist thesis by distinguishing how each understands a moral right.On one view, a moral right describes a conventional right that ought to exist, irrespectiv e of whether it actually exists; on the other view , a ... ...
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Ethical Uncertainties of Nationalism
This article asks whether there is a moral right to national self-determination. The partiality argument as a basis for discussing the moral right to self-determination confuses nation and national...... ... The Right to Power at SAGE Publications on December 7, 2012 jpr.sagepub.com ... Moral Ambiguity at SAGE Publications on December 7, 2012 jpr.sagepub.com ... ...
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Prisoner access to recreation, entertainment and diversion
The question addressed is whether prison inmates have a moral right of access to recreation, entertainment and diversion. The interests grounding such a right are first discussed. I then consider w...... ... Abstract The question addressed is whether prison inmates have a moral right of access to recre- ation, entertainment and diversion. The ... ...
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Corporate Performance Crime as Structurally Coerced
Action
This article will argue that corporate performance crime can be described as structurally coerced action because it represents the most reasonable response to a sancti...... ... However, the concept of coercion as a moral concept requires a further and vital ingredient - encroachment upon some moral right. The claim of right to be asserted isone to have organisational rewards ... ...
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Religious Freedom and Religious Antidiscrimination
This article develops a theoretical framework that prompts a new understanding of the role of religious freedom and religious antidiscrimination in human rights law. Proceeding from the prevailing ...... ... distinct and in competition, the article develops an account of the moral right to ethical independence and argues that religious freedom and ... ...
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Justifying the Proof Structure of Criminal Trials
During criminal trials, defendants enjoy a presumption of innocence, the burden of proof is on the government, and the standard of proof it must meet—beyond a reasonable doubt—is exacting. This ‘pr...... ... of the proof structure, individuals have a second-order moral right to demand rigorous, independent evaluations of the evidence that ... ...
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Prosecutorial challenges in freezing and forfeiting proceeds of transnational crime and the use of international asset sharing to promote international cooperation
Argues that confiscation of criminals’ assets is an effective and justifiable way of depriving them of the proceeds of crimes such as drug trafficking. Describes the challenges facing confiscation ...... ... lifestyle exposed the vulnerabilitywhich led to his downfall.The moral of Al Capone's case (and one whichseems to continue to enlighten American ... mayorder that the property be kept `until someperson establishes a right thereto to the satisfac-tion of the court'. If no person establishes such ... ...
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The Collective Dimensions of Political Morality
Collective moral action is analysed using two models: a deontological, non-strategic model emphasizing right moral judgment and individual action and a rational, strategic model emphasizing the nee...
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