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Social Rights (social Contract Theory)
Social rights are rights arising from the social contract. For example, James Madison advocated that a right such as trial by jury arose neither from nature nor from a constitution of government, but from reified implications of the social contract. Social rights are very similar to political rights, and it can be understood that they are effectively the same concepts being exercised in a less extreme way. Cécile Fabre Cécile Fabre (born 1971) is a French philosopher, serving as professor of philosophy at the University of Oxford. Since 2014 she has been a senior research fellow at All Souls College, Oxford. Her research focuses on political philosophy, the ... argues that "it is legitimate to constrain democratic majorities, by way of the constitution, to respect and promote those fundamental rights of ours that protect the secure exercise of our autonomy and enable us to achieve well-being. Insofar as, by virtue of Ch. 1, social rights are such fundamental rights, it fo ...
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Rights
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical theory. Rights are of essential importance in such disciplines as law and ethics, especially theories of justice and deontology. Rights are fundamental to any civilization and the history of social conflicts is often bound up with attempts both to define and to redefine them. According to the ''Stanford Encyclopedia of Philosophy'', "rights structure the form of governments, the content of laws, and the shape of morality as it is currently perceived". Definitional issues One way to get an idea of the multiple understandings and senses of the term is to consider different ways it is used. Many diverse things are claimed as rights: There are likewise diverse possible ways to categorize rights, such as: There has been considerable debate a ...
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Social Contract
In moral and political philosophy Political philosophy or political theory is the philosophical study of government, addressing questions about the nature, scope, and legitimacy of public agents and institutions and the relationships between them. Its topics include politics, ..., the social contract is a theory or model that originated during the Age of Enlightenment and usually, although not always, concerns the Legitimacy (political), legitimacy of the authority of the State (polity), state over the individual. Social contract arguments typically are that individuals have consent of the governed, consented, either explicitly or tacit consent, tacitly, to surrender some of their freedoms and submit to the authority (of the ruler, or to the decision of a majority) in exchange for protection of their remaining rights or maintenance of the social order. The relation between natural and legal rights is often a topic of social contract theory. The term takes its name from ' ...
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James Madison
James Madison Jr. (March 16, 1751June 28, 1836) was an American statesman, diplomat, and Founding Father. He served as the fourth president of the United States from 1809 to 1817. Madison is hailed as the "Father of the Constitution" for his pivotal role in drafting and promoting the Constitution of the United States and the Bill of Rights. Madison was born into a prominent slave-owning planter family in Virginia. He served as a member of the Virginia House of Delegates and the Continental Congress during and after the American Revolutionary War. Unsatisfied with the weak national government established by the Articles of Confederation, he helped organize the Constitutional Convention, which produced a new constitution. Madison's Virginia Plan was the basis for the Convention's deliberations, and he was an influential voice at the convention. He became one of the leaders in the movement to ratify the Constitution, and joined Alexander Hamilton and John Jay in writing '' ...
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Trial By Jury
A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial in which a judge or panel of judges makes all decisions. Jury trials are used in a significant share of serious criminal cases in many but not all common law judicial systems. The majority of common law jurisdictions in Asia (such as Singapore, India, Pakistan and Malaysia) have abolished jury trials on the grounds that juries are susceptible to bias. Juries or lay judges have also been incorporated into the legal systems of many civil law countries for criminal cases. Only the United States makes routine use of jury trials in a wide variety of non-criminal cases. Other common law legal jurisdictions use jury trials only in a very select class of cases that make up a tiny share of the overall civil docket (like malicious prosecution and false imprisonment suits in England and Wales), but true civil jury trials are almost entirely ...
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Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a ''written constitution''; if they are encompassed in a single comprehensive document, it is said to embody a ''codified constitution''. The Constitution of the United Kingdom is a notable example of an ''uncodified constitution''; it is instead written in numerous fundamental Acts of a legislature, court cases or treaties. Constitutions concern different levels of organizations, from Sovereign state, sovereign countries to Company, companies and unincorporated Club (organization), associations. A treaty which establishes an international organization is also its constitution, in that it would define how that organiza ...
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Concretization
In metaphysics, the distinction between abstract and concrete refers to a divide between two types of entities. Many philosophers hold that this difference has fundamental metaphysical significance. Examples of concrete objects include plants, Human, human beings and planets while things like numbers, Set (mathematics), sets and propositions are abstract objects. There is no general Consensus decision-making, consensus as to what the characteristic marks of concreteness and abstractness are. Popular suggestions include defining the distinction in terms of the difference between (1) existence inside or outside space-time, (2) having causes and effects or not, (3) having contingent or necessary existence, (4) being particular or universal and (5) belonging to either the physical or the mental realm or to neither. Despite this diversity of views, there is broad agreement concerning most objects as to whether they are abstract or concrete. So under most interpretations, all these views ...
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Cécile Fabre
Cécile Fabre (born 1971) is a French philosopher, serving as professor of philosophy at the University of Oxford. Since 2014 she has been a senior research fellow at All Souls College, Oxford. Her research focuses on political philosophy, the ethics of war, bioethics, and theories of justice. Early life Fabre was born on 2 February 1971 in Paris, France. From 1989 to 1992, she studied at Paris-Sorbonne University. She graduated with a Bachelor of Arts (BA) degree in 1992. She then moved to England to study political philosophy at the University of York and completed a Master of Arts (MA) degree in 1993. From 1993, she undertook postgraduate study in politics at the University of Oxford , mottoeng = The Lord is my light , established = , endowment = £6.1 billion (including colleges) (2019) , budget = £2.145 billion (2019–20) , chancellor .... Her Doctoral advisor, supervisor was G.&nb ...
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Civil Rights And Liberties
Civil and political rights are a class of rights that protect individuals' political freedom, freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and political life of society and the State (polity), state without discrimination or Political repression, repression. Civil rights include the ensuring of peoples' physical and mental integrity, right to life, life, and safety; protection from discrimination on grounds such as sex, Race (human classification), race, sexual orientation, national origin, human skin color, color, ageing, age, Political party, political affiliation, Ethnic group, ethnicity, social class, religion, and disability; and Individual and group rights, individual rights such as privacy and the freedom of freedom of thought, thought, freedom of speech, speech, freedom of religion, religion, freedom of the press, press, freedom of assembly, assembly, and freedom of move ...
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