|
Freedom Versus License
In moral and legal philosophy, there exists a distinction between the concepts of freedom and license. The former deals with the rights of the individual; the latter covers the expressed permission (or lack thereof) for more than one individual to engage in an activity. As a result, freedoms usually include rights which are usually recognized (often, not always, in an unconditional manner) by the government (and access to which is theoretically enforced against any and all interferences). Licenses, on the other hand, are distributed to individuals who make use of a specific item, expressing the permission to use the item or service under specified, conditional terms and boundaries of usage. Related topics *Claim rights and liberty rights *Negative and positive rights Negative and positive rights are rights that oblige either inaction (''negative rights'') or action (''positive rights''). These obligations may be of either a legal or moral character. The notion of positiv ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Moral Philosophy
Ethics or moral philosophy is a branch of philosophy that "involves systematizing, defending, and recommending concepts of right and wrong behavior".''Internet Encyclopedia of Philosophy'' The field of ethics, along with aesthetics, concerns matters of value; these fields comprise the branch of philosophy called axiology. Ethics seeks to resolve questions of human morality by defining concepts such as good and evil, right and wrong, virtue and vice, justice and crime. As a field of intellectual inquiry, moral philosophy is related to the fields of moral psychology, descriptive ethics, and value theory. Three major areas of study within ethics recognized today are: # Meta-ethics, concerning the theoretical meaning and reference of moral propositions, and how their truth values (if any) can be determined; # Normative ethics, concerning the practical means of determining a moral course of action; # Applied ethics, concerning what a person is obligated (or permitted) t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Philosophy
Philosophy of law is a branch of philosophy that examines the nature of law and law's relationship to other systems of norms, especially ethics and political philosophy. It asks questions like "What is law?", "What are the criteria for legal validity?", and "What is the relationship between law and morality?" Philosophy of law and jurisprudence are often used interchangeably, though jurisprudence sometimes encompasses forms of reasoning that fit into economics or sociology. Philosophy of law can be sub-divided into analytical jurisprudence, and normative jurisprudence. Analytical jurisprudence aims to define what law is and what it is not by identifying law's essential features. Normative jurisprudence investigates both the non-legal norms that shape law and the legal norms that are generated by law and guide human action. Analytical jurisprudence Unlike experimental jurisprudence, which investigates the content our folk legal concepts using the methods of social science, analy ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Freedom Of Will
Free will is the capacity of agents to choose between different possible courses of action unimpeded. Free will is closely linked to the concepts of moral responsibility, praise, culpability, sin, and other judgements which apply only to actions that are freely chosen. It is also connected with the concepts of advice, persuasion, deliberation, and prohibition. Traditionally, only actions that are freely willed are seen as deserving credit or blame. Whether free will exists, what it is and the implications of whether it exists or not are some of the longest running debates of philosophy and religion. Some conceive of free will as the right to act outside of external influences or wishes. Some conceive free will to be the capacity to make choices undetermined by past events. Determinism suggests that only one course of events is possible, which is inconsistent with a libertarian model of free will. Ancient Greek philosophy identified this issue, which remains a major foc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
License
A license (or licence) is an official permission or permit to do, use, or own something (as well as the document of that permission or permit). A license is granted by a party (licensor) to another party (licensee) as an element of an agreement between those parties. In the case of a license issued by a government, the license is obtained by applying for it. In the case of a private party, it is by a specific agreement, usually in writing (such as a lease or other contract). The simplest definition is "A license is a promise not to sue," because a license usually either permits the licensed party to engage in an activity which is illegal, and subject to prosecution, without the license (e.g. fishing, driving an automobile, or operating a broadcast radio or television station), or it permits the licensed party to do something that would violate the rights of the licensing party (e.g. make copies of a copyrighted work), which, without the license, the licensed party could be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Claim Rights And Liberty Rights
Some philosophers and political scientists make a distinction between claim rights and liberty rights. A ''claim right'' is a right which entails responsibilities, duties, or obligations on other parties regarding the right-holder. In contrast, a ''liberty right'' is a right which does not entail obligations on other parties, but rather only freedom or permission for the right-holder. The distinction between these two senses of "rights" originates in American jurist Wesley Newcomb Hohfeld's analysis thereof in his seminal work ''Fundamental Legal Conceptions, As Applied in Judicial Reasoning and Other Legal Essays'' (1919). Liberty rights and claim rights are the inverse of one another: a person has a liberty right permitting him to do something only if there is no other person who has a claim right forbidding him from doing so; and likewise, if a person has a claim right against someone else, that other person's liberty is thus limited. This is because the deontic concepts of ob ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Negative And Positive Rights
Negative and positive rights are rights that oblige either inaction (''negative rights'') or action (''positive rights''). These obligations may be of either a legal or moral character. The notion of positive and negative rights may also be applied to liberty rights. To take an example involving two parties in a court of law: Adrian has a ''negative right to x'' against Clay, if and only if Clay is ''prohibited'' to act upon Adrian in some way regarding ''x''. In contrast, Adrian has a ''positive right to x'' against Clay, if and only if Clay is obliged to act upon Adrian in some way regarding ''x''. A case in point, if Adrian has a ''negative right to life'' against Clay, then Clay is required to refrain from killing Adrian; while if Adrian has a ''positive right to life'' against Clay, then Clay is required to act as necessary to preserve the life of Adrian. ''Negative rights'' may include civil and political rights such as freedom of speech, life, private property, freedo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
