Public Rights, Private Relations

Hardcover | May 30, 2015

byJean Thomas

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The abuse of workers in export processing zones in developing countries, the undignified treatment of elderly people in care homes, and the dangers for internet users' privacy arising from private companies' control of their data are prominent examples of how our most fundamental interests areincreasingly jeopardized by powerful private actors. Jean Thomas argues that, while these interests are protected by human and constitutional rights in relation to the state, no similar protections exist in relations among private actors. To address this problem, she develops a theoretical frameworkfor the application of human and constitutional rights among private actors. The author proposes a theory of private liability for public rights violations that allows us to answer the question: who should bear the duties associated with human and constitutional rights in the private sphere? And what do private actors owe one another in respect of the interests protected bythese rights? In advancing a model of rights that makes the application of public rights among private actors morally plausible and institutionally feasible, the book also illuminates the broader conceptual question of what rights are.

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The abuse of workers in export processing zones in developing countries, the undignified treatment of elderly people in care homes, and the dangers for internet users' privacy arising from private companies' control of their data are prominent examples of how our most fundamental interests areincreasingly jeopardized by powerful privat...

Jean Thomas is Assistant Professor in the Faculty of Law at Queen's University in Kingston, Ontario. After her JD (Juris Doctor) studies at the University of Toronto, she completed her JSD (Doctor of Juridicial Science) at New York University. She has been a post-doctoral fellow at Stanford's McCoy Family Center for Ethics in Society a...
Format:HardcoverDimensions:320 pages, 9.21 × 6.14 × 0.98 inPublished:May 30, 2015Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199677735

ISBN - 13:9780199677733

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Table of Contents

Introduction1. Setting the Scene2. Moral Argument and Positive Law: A Method for Constructing a Model of Rights3. Duelling Concepts in Rights Theory4. Constraint and Value5. A Model of Rights: From Rights Theory to Pubilc Law6. Indeterminacy7. Relationality in the Model of Rights8. Relational Normativity9. Relations of Dependency and the Model of Rights10. The Model of Rights in PracticeConclusion