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Right
Kinds of Right Terms modified by Right Selected AbstractsDERRIDA'S RIGHT TO PHILOSOPHY, THEN AND NOWEDUCATIONAL THEORY, Issue 3 2009John Willinsky In this essay, a tribute to Jacques Derrida's educational efforts at expanding access to current work in philosophy, John Willinsky examines his efforts as both a public right and an element of academic freedom that bear on the open access movement today. Willinsky covers Derrida's extension and outreach work with the Groupe de Recherches pour l'Enseignement de la Philosophie in the 1970s and a decade later with Collège International de Philosophie that provided public access to ongoing and leading-edge philosophical work, as well as supporting the teaching of philosophy in the schools. Willinsky also relates Derrida's dedicated, practical educational work, his historical analysis of Descartes's decision to write in French, and more recent initiatives that are using Internet technologies to increase public and educational access to published scholarly work in the humanities in a very similar spirit. [source] GETTING THE FACTS RIGHT: A REPLY TO SMITH (2005)ADDICTION, Issue 10 2005LESLIE A. KING No abstract is available for this article. [source] PERSPECTIVE: SEX, RECOMBINATION, AND THE EFFICACY OF SELECTION,WAS WEISMANN RIGHT?EVOLUTION, Issue 2 2000Austin Burt Abstract., The idea that sex functions to provide variation for natural selection to act upon was first advocated by August Weismann and it has dominated much discussion on the evolution of sex and recombination since then. The goal of this paper is to further extend this hypothesis and to assess its place in a larger body of theory on the evolution of sex and recombination. A simple generic model is developed to show how fitness variation and covariation interact with selection for recombination and illustrate some important implications of the hypothesis: (1) the advantage of sex and recombination can accrue both to reproductively isolated populations and to modifiers segregating within populations, but the former will be much larger than the latter; (2) forces of degradation that are correlated across loci within an individual can reduce or reverse selection for increased recombination; and (3) crossing-over (which can occur at different places in different meioses) will create more variability than having multiple chromosomes and so will have more influence on the efficacy of selection. Several long-term selection experiments support Weismann's hypothesis, including those showing a greater response to selection in populations with higher rates of recombination and higher rates of recombination evolving as a correlated response to selection for some other character. Weismann's hypothesis is also consistent with the sporadic distribution of obligate asexuality, which indicates that clones have a higher rate of extinction than sexuals. Weismann's hypothesis is then discussed in light of other patterns in the distribution of sexuality versus asexuality. To account for variation in the frequency of obligate asexuality in different taxa, a simple model is developed in which this frequency is a function of three parameters: the rate of clonal origin, the initial fitness of clones when they arise, and the rate at which that fitness declines over time. Variation in all three parameters is likely to be important in explaining the distribution of obligate asexuality. Facultative asexuality also exists, and for this to be stable it seems there must be ecological differences between the sexual and asexual propagules as well as genetic differences. Finally, the timing of sex in cyclical parthenogens is most likely set to minimize the opportunity costs of sex. None of these patterns contradict Weismann's hypothesis, but they do show that many additional principles unrelated to the function of sex are required to fully explain its distribution. Weismann's hypothesis is also consistent with what we know about the mechanics and molecular genetics of recombination, in particular the tendency for chromatids to recombine with a homolog rather than a sister chromatid at meiosis, which is opposite to what they do during mitosis. However, molecular genetic studies have shown that cis -acting sites at which recombination is initiated are lost by gene conversion as a result, a factor that can be expected to affect many fine details in the evolution of recombination. In summary, although Weismann's hypothesis must be considered the leading candidate for the function of sex and recombination, nevertheless, many additional principles are needed to fully account for their evolution. [source] A RENT EXTRACTION THEORY OF RIGHT OF FIRST REFUSAL,THE JOURNAL OF INDUSTRIAL ECONOMICS, Issue 2 2009Albert H. Choi When a seller encumbers a property with a right of first refusal, whenever a third party offers to purchase the property, the right-holder can acquire the property by simply matching the third party's offer. I model the right as a modified auction where the right-holder gets to observe the third party's bid before making his own. I show that, compared to the standard auctions, the right increases the joint profit of the seller and the right-holder by reducing the third party's profit. This result is independent of whether the third party is aware of the right's existence and whether the right creates a welfare loss. [source] DESIGNING A MARKET STRUCTURE WHEN FIRMS COMPETE FOR THE RIGHT TO SERVE THE MARKET,THE JOURNAL OF INDUSTRIAL ECONOMICS, Issue 3 2005Michel Mougeot In many industries, a regulator designs an auction to select ex-ante the firms that compete ex-post on the product market. This paper considers the optimal market structure when firms incur sunk costs before entering the market and when the government is not able to regulate firms in the market. We prove that a free entry equilibrium results in an excessive entry when the entry costs are private information. Then, we consider an auction mechanism selecting the firms allowed to serve the market and show that the optimal number of licences results in the socially optimal market structure. When all the potential candidates are actual bidders, the optimal number of firms in the market increases with the number of candidates and decreases with the social cost of public funds. When the market size is small, as the net profit in the market decreases with the number of selected firms, entry is endogenous. As increasing competition in the market reduces competition for the market, the optimal structure is more concentrated than in the previous case. [source] GETTING THE BALANCE RIGHT?AUSTRALIAN JOURNAL OF RURAL HEALTH, Issue 4 2003GPS WHO CHOSE TO STAY IN RURAL PRACTICE ABSTRACT Background: Despite major challenges to the retention of rural GPs in Australia, little is known about why some rural GPs stay long-term within their communities. Method: A group of rural GPs interviewed as part of another study about 10 years ago were re-interviewed to explore their attitudes to their reasons for staying. Results: Eighteen of the original group of 23 could be contacted and 13 were interviewed. Factors that appeared to promote staying in rural practice were: strong attachment to the community; and practice arrangements that allow for adequate time off-call and for holidays. However, several GPs were stressed and some had considered leaving. The stressors were similar to those identified in earlier research, including overwork and having to send children to boarding school. Conclusion: Personal and professional support arrangements within the community appear to be associated with decisions by rural GPs to remain in practice for substantial periods of time. Retention strategies should focus on facilitation of local integration. [source] A RIGHT TO REPRODUCE?BIOETHICS, Issue 8 2010MUIREANN QUIGLEY ABSTRACT How should we conceive of a right to reproduce? And, morally speaking, what might be said to justify such a right? These are just two questions of interest that are raised by the technologies of assisted reproduction. This paper analyses the possible legitimate grounds for a right to reproduce within the two main theories of rights; interest theory and choice theory. [source] RESEARCH PARTICIPATION AND THE RIGHT TO WITHDRAWBIOETHICS, Issue 2 2005SARAH J.L. EDWARDS ABSTRACT Most ethics committees which review research protocols insist that potential research participants reserve unconditional or absolute ,right' of withdrawal at any time and without giving any reason. In this paper, I examine what consent means for research participation and a sense of commitment in relation to this right to withdraw. I suggest that, once consent has been given (and here I am excluding incompetent minors and adults), participants should not necessarily have unconditional or absolute rights to withdraw. This does not imply that that there should be a complete absence of rights, or, indeed, an abandonment of the right to withdraw. The point of this paper is to show that the supposed unconditional or absolute nature of these rights may be self-defeating and so fail to respect the autonomy of participants. In addition, and on a more positive note, I suggest that, attaching certain conditions on the right to withdraw, may better respect the autonomy of these participants by underlining the idea that autonomy is more than mere whim or indifference to the fate of others. On the contrary, research staff are currently unable to ,push' participants, who may merely have logistical difficulties unrelated to the research itself, but who really want to stay the course, for fear of coercing them. Furthermore, researchers now try to ,screen out' people they think may be unreliable to protect the science of the study and so groups at risk of dropping out may be unfairly denied access to research treatments. I conclude that on-going negotiation between the relevant parties could be on balance the only truly acceptable way forward but concede certain important limitations to take into account. [source] 48 YEAR OLD MALE WITH SUDDEN ONSET OF RIGHT SIDED WEAKNESSBRAIN PATHOLOGY, Issue 2 2006Alexander Easton MBBS PhD No abstract is available for this article. [source] CONFLICT OF RIGHTS AND KEEPING ORDERCRIMINOLOGY AND PUBLIC POLICY, Issue 1 2002PAUL G. CHEVIGNY First page of article [source] ,EVEN IF YOU'RE POSITIVE, YOU STILL HAVE RIGHTS BECAUSE YOU ARE A PERSON': HUMAN RIGHTS AND THE REPRODUCTIVE CHOICE OF HIV-POSITIVE PERSONSDEVELOPING WORLD BIOETHICS, Issue 1 2008LESLIE LONDON ABSTRACT Global debates in approaches to HIV/AIDS control have recently moved away from a uniformly strong human rights-based focus. Public health utilitarianism has become increasingly important in shaping national and international policies. However, potentially contradictory imperatives may require reconciliation of individual reproductive and other human rights with public health objectives. Current reproductive health guidelines remain largely nonprescriptive on the advisability of pregnancy amongst HIV-positive couples, mainly relying on effective counselling to enable autonomous decision-making by clients. Yet, health care provider values and attitudes may substantially impact on the effectiveness of nonprescriptive guidelines, particularly where social norms and stereotypes regarding childbearing are powerful, and where providers are subjected to dual loyalty pressures, with potentially adverse impacts on rights of service users. Data from a study of user experiences and perceptions of reproductive and HIV/AIDS services are used to illustrate a rights analysis of how reproductive health policy should integrate a rights perspective into the way services engage with HIV-positive persons and their reproductive choices. The analysis draws on recognised tools developed to evaluate health policies for their human rights impacts and on a model developed for health equity research in South Africa to argue for greater recognition of agency on the part of persons affected by HIV/AIDS in the development and content of policies on reproductive choices. We conclude by proposing strategies that are based upon a synergy between human rights and public health approaches to policy on reproductive health choices for persons with HIV/AIDS. [source] UNIVERSAL DRAFT DECLARATION ON BIOETHICS AND HUMAN RIGHTSDEVELOPING WORLD BIOETHICS, Issue 3 2005Cultural Organization, Scientific, United Nations Educational First page of article [source] MUSLIM WOMEN AND PROPERTY RIGHTSECONOMIC AFFAIRS, Issue 2 2009Azhar Aslam This paper examines rights to property accorded to women in Islam under direct injunctions and compares it with the state of these rights in present Muslim societies. It argues that the correct application of law will not only materially improve the status of women in Muslim societies and guarantee them economic security, it will also bring economic prosperity to such societies directly. [source] THE IMPORTANCE OF PRIVATE PROPERTY RIGHTS FOR ECONOMIC GROWTH: THE CASE OF RURAL CHINA, 1979,1987ECONOMIC PAPERS: A JOURNAL OF APPLIED ECONOMICS AND POLICY, Issue 2 2006IAN WILLS This is an extended and slightly revised version of an article by Wills and Yang published in Policy, Vol. 9, No. J, Autumn 1993. The article was derived from a paper by Yang, Wang and Wills published in the China Economic Review in 1992. The idea for the empirical study, the analytical model and the procedure for quantifying changes in property rights came from Xiaokai Yang. The study illustrates his ability to apply inframarginal concepts to real problems. [source] SPECIAL INTEREST POLITICS AND INTELLECTUAL PROPERTY RIGHTS: AN ECONOMIC ANALYSIS OF STRENGTHENING PATENT PROTECTION IN THE PHARMACEUTICAL INDUSTRYECONOMICS & POLITICS, Issue 2 2008ANGUS C. CHU Since the 1980s, the pharmaceutical industry has benefited substantially from a series of policy changes that have strengthened the patent protection for brand-name drugs as a result of the industry's political influence. This paper incorporates special interest politics into a quality-ladder model to analyze the policy-makers' tradeoff between the socially optimal patent length and campaign contributions. The welfare analysis suggests that the presence of a pharmaceutical lobby distorting patent protection is socially undesirable in a closed-economy setting but may improve social welfare in a multi-country setting, which features an additional efficiency tradeoff between monopolistic distortion and international free riding on innovations. [source] THE FIFTH WORLD CONGRESS ON FAMILY LAW AND THE RIGHTS OF CHILDREN AND YOUTHFAMILY COURT REVIEW, Issue 3 2010Hon. Joseph V. Kay Editor's note on the 5th World Congress on Family Law and Children's Rights held in Halifax Nova Scotia, August 23,26, 2009 [source] STILL A PATCHWORK QUILT: A NATIONWIDE SURVEY OF STATE LAWS REGARDING STEPPARENT RIGHTS AND OBLIGATIONSFAMILY COURT REVIEW, Issue 3 2010Susan L. Pollet This article surveys state laws regarding stepparents and stepchildren throughout the United States with regard to custody and visitation rights, child support obligations, adoption and inheritance rights. It provides background information, statistics and general definitions regarding stepparents, a review of some of the psychological and legal literature, information regarding websites and articles for the general public on the topic, and a description of the survey of the states nationwide. Finally, it provides some suggestions regarding future goals for the law in this arena. [source] THE UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD AND THE NEED FOR ITS INCORPORATION INTO A BILL OF RIGHTSFAMILY COURT REVIEW, Issue 1 2006Hon. Alastair Nicholson In this article I discuss the failure of most democratic countries to accept or properly implement the UN Convention on the Rights of the Child, despite, except in the case of the United States, having ratified it. I consider the domestic implementation of treaties. I discuss, from an Australian perspective, that country's failure to enact a Bill of Rights and argue that children in Australia have suffered as a result. I also discuss judicial approaches to international law and compare the situation in countries such as the United States, the United Kingdom, Canada, and New Zealand and suggest that even in those countries that do have a Bill of Rights, it is not oriented toward children and therefore does not properly recognize their rights. [source] THE IMPACT OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS ON THE STUDY OF HISTORYHISTORY AND THEORY, Issue 1 2009ANTOON DE BAETS ABSTRACT There is perhaps no text with a broader impact on our lives than the 1948 Universal Declaration of Human Rights (UDHR). It is strange, therefore, that historians have paid so little attention to the UDHR. I argue that its potential impact on the study of history is profound. After asking whether the UDHR contains a general view of history, I address the consequences of the UDHR for the rights and duties of historians, and explain how it deals with their subjects of study. I demonstrate that the UDHR is a direct source of five important rights for historians: the rights to free expression and information, to meet and found associations, to intellectual property, to academic freedom, and to silence. It is also an indirect source of three duties for historians: the duties to produce expert knowledge about the past, to disseminate it, and to teach about it. I discuss the limits to, and conflicts among, these rights and duties. The UDHR also has an impact on historians' subjects of study: I argue that the UDHR applies to the living but not to the dead, and that, consequently, it is a compass for studying recent rather than remote historical injustice. Nevertheless, and although it is itself silent about historians' core duties to find and tell the truth, the UDHR firmly supports an emerging imprescriptible right to the truth, which in crucial respects is nothing less than a right to history. If the UDHR is a "Magna Carta of all men everywhere," it surely is one for all historians. [source] NICHOLAS WOLTERSTORFF'S JUSTICE: RIGHTS AND WRONGS: AN INTRODUCTIONJOURNAL OF RELIGIOUS ETHICS, Issue 2 2009Paul Weithman ABSTRACT This introduction sets the stage for four papers on Nicholas Wolterstorff's Justice: Rights and Wrongs, written by Harold Attridge, Oliver O'Donovan, Richard Bernstein, and myself. In his book, Wolterstorff defends an account of human rights. The first section of this introduction distinguishes Wolterstorff's account of rights from the alternative account of rights against which he contends. The alternative account draws much of its power from a historical narrative according to which theory and politics supplanted earlier ways of thinking about justice. The second section sketches that narrative and Wolterstorff's counter-narrative. The third section draws together the main points of Wolterstorff's own account. [source] COSMOPOLITANISM AND HUMAN RIGHTS: RADICALISM IN A GLOBAL AGEMETAPHILOSOPHY, Issue 1 2009ROBERT FINE Abstract: The cosmopolitan imagination constructs a world order in which the idea of human rights is an operative principle of justice. Does it also construct an idealisation of human rights? The radicality of Enlightenment cosmopolitanism, as developed by Kant, lay in its analysis of the roots of organised violence in the modern world and its visionary programme for changing the world. Today, the temptation that faces the cosmopolitan imagination is to turn itself into an endorsement of the existing order of human rights without a corresponding critical analysis of the roots of contemporary violence. Is the critical idealism associated with Kantian cosmopolitanism at risk of transmutation into an uncritical positivism? We find two prevailing approaches: either the constitutional framework of the existing world order is presented as the realisation of the cosmopolitan vision, or cosmopolitanism is turned into a utopian vision of a world order in which power is subordinated to the rule of international law. I suggest that the difficulties associated with both wings of cosmopolitanism threaten the legitimacy of the project and call for an understanding and culture of human rights that is less exclusively "conceptual" and more firmly grounded in social theory. [source] STRUCTURING GLOBAL DEMOCRACY: POLITICAL COMMUNITIES, UNIVERSAL HUMAN RIGHTS, AND TRANSNATIONAL REPRESENTATIONMETAPHILOSOPHY, Issue 1 2009CAROL C. GOULD Abstract: The emergence of cross-border communities and transnational associations requires new ways of thinking about the norms involved in democracy in a globalized world. Given the significance of human rights fulfillment, including social and economic rights, I argue here for giving weight to the claims of political communities while also recognizing the need for input by distant others into the decisions of global governance institutions that affect them. I develop two criteria for addressing the scope of democratization in transnational contexts,common activities and impact on basic human rights,and argue for their compatibility. I then consider some practical implications for institutional transformation and design, including new forms of transnational representation. [source] NATURAL RESOURCE EXPLOITATION UNDER COMMON PROPERTY RIGHTSNATURAL RESOURCE MODELING, Issue 1 2003MICHAEL R. CAPUTO ABSTRACT. Renewable natural resources such as ground-water, pastures and fisheries are often governed bycommon propertyrights in which members of a group jointlyown the exclusive use of the resource. We develop a formal model of a common propertycontract based on differential game theory and then use the model to examine (i) the incentives of individual users of the common resource; (ii) the resulting harvest and stock time paths; (iii) the local stabilityof the steady state; and (iv) the steadystate comparative statics. Moreover, we compare the qualitative properties of the common propertyregime to those generated under perfectlydefined private rights and open access. We show how common prop-ertyownership of natural resources can generate rent and be a second-best solution when private propertyrights are costly to establish. [source] DIVISIONS OF LABOUR, SPECIALIZATION AND THE ENFORCEMENT OF A SYSTEM OF PROPERTY RIGHTS: A GENERAL EQUILIBRIUM ANALYSISPACIFIC ECONOMIC REVIEW, Issue 4 2004Li Ke The model suggests that fiscal competition between states facilitates important circular effects, which propel improvements in economic welfare and promote economic growth. In particular, improvements in institutional efficiency expand the demand for transactions, which in turn increases the need for further third-party protection of property rights. We illustrate our results using the growth of the state system in Western Europe. [source] RECOGNIZED RIGHTS AS DEVICES OF PUBLIC REASON*PHILOSOPHICAL PERSPECTIVES, Issue 1 2009G. F. Gaus First page of article [source] TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS AND DEVELOPING COUNTRIESTHE DEVELOPING ECONOMIES, Issue 1 2001Huala ADOLF First page of article [source] NO FEAR OF FOUNDATIONS: REFLECTIONS ON HUMAN RIGHTS IN CONTEMPORARY JEWISH PHILOSOPHYTHE HEYTHROP JOURNAL, Issue 6 2009ALAN MITTLEMAN First page of article [source] CAPITAL STRUCTURE, SHAREHOLDER RIGHTS, AND CORPORATE GOVERNANCETHE JOURNAL OF FINANCIAL RESEARCH, Issue 1 2007Pornsit Jiraporn Abstract We show how capital structure is influenced by the strength of shareholder rights. Our empirical evidence shows an inverse relation between leverage and shareholder rights, suggesting that firms adopt higher debt ratios where shareholder rights are more restricted. This is consistent with agency theory, which predicts that leverage helps alleviate agency problems. This negative relation, however, is not found in regulated firms (i.e., utilities). We contend that this is because regulation already helps alleviate agency conflicts and, hence, mitigates the role of leverage in controlling agency costs. [source] TWO APPROACHES TO HUMAN RIGHTSTHE PHILOSOPHICAL QUARTERLY, Issue 238 2010Rowan Cruft First page of article [source] GLOBAL JUSTICE AND THE LIMITS OF HUMAN RIGHTSTHE PHILOSOPHICAL QUARTERLY, Issue 221 2005Dale Dorsey To a great extent, recent discussion of global obligations has been couched in the language of human rights. I argue that this is a mistake. If, as many theorists have supposed, a normative theory applicable to obligations of global justice must also respect the needs of justice internal to recipient nations, any such theory cannot take human rights as an important moral notion. Human rights are inapplicable for the domestic justice of poor nations, and thus cannot form a plausible basis for international justice. Instead, I propose an alternative basis, a form of welfarist maximizing consequentialism. My alternative is superior to rights-based theories in dealing with the special problems of justice found in poor nations. [source] | ||||||||||||||||||||||||||||||||||||||||||||||