与世界对抗的权利

IF 16.4 1区化学 Q1 CHEMISTRY, MULTIDISCIPLINARY

Accounts of Chemical Research Pub Date : 2024-02-29 DOI:10.1093/analys/anad067

Gopal Sreenivasan

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引用次数: 0

摘要

对哲学家来说，针对世界的权利等同于物权。然而，与哈特的想法相反，这并没有使它们等同于一般权利。物权与对人权相对应，而一般权利与特殊权利相对应。正如我所解释的，对世权利既可以是一般权利，也可以是特殊权利。我的解释遵循了沃尔德伦的策略，即洛克的财产理论所证明的财产权是物权的一种情况，同时也是特殊权利。此外，尽管 "物权 "在拉丁语中的意思是 "in rem"，但对世界的权利不仅仅包括财产权。例如，它们还包括道德人权。无论是道德人权还是财产权，"每个人 "都要承担相应的义务，我将从动态的角度对其进行阐述。

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Rights against the world

For philosophers, rights against the world are equivalent to rights in rem. Contrary to what Hart thought, however, this does not make them equivalent to general rights. Rights in rem contrast with rights in personam, whereas general rights contrast with special rights. As I explain, rights against the world can be either general rights or special rights. My explanation follows Waldron’s strategy of exhibiting property rights as justified by Locke’s theory of property as a case of rights in rem that are also special rights. Moreover, despite what ‘in rem’ means in Latin, rights against the world include more than property rights. For example, they also include moral human rights. With moral human rights and property rights alike, the correlative duties are borne by ‘everyone’, understood in a dynamic sense I undertake to specify.

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来源期刊

Accounts of Chemical Research 化学-化学综合

CiteScore

31.40

自引率

1.10%

发文量

312

审稿时长

2 months

期刊介绍： Accounts of Chemical Research presents short, concise and critical articles offering easy-to-read overviews of basic research and applications in all areas of chemistry and biochemistry. These short reviews focus on research from the author’s own laboratory and are designed to teach the reader about a research project. In addition, Accounts of Chemical Research publishes commentaries that give an informed opinion on a current research problem. Special Issues online are devoted to a single topic of unusual activity and significance. Accounts of Chemical Research replaces the traditional article abstract with an article "Conspectus." These entries synopsize the research affording the reader a closer look at the content and significance of an article. Through this provision of a more detailed description of the article contents, the Conspectus enhances the article's discoverability by search engines and the exposure for the research.