Description : The doctrine of moral rights is based on the idea that authors have a special bond with their own creative work. At present, the legal status of moral rights demands clarification and assessment as never before, as the international expansion of moral rights occurs in the new environment of digital technology. Just as the survival of copyright law depends on its capacity to adapt effectively to the new technological environment, a new approach to moral rights is also necessary. Moral Rights: Principles Practice and New Technology is the first work to comprehensively address the role of moral rights in an environment of digital technology, identifying the challenges and confronting moral rights in a digital environment. The challenges are addressed in both practical and theoretical terms, and examples drawn from the legislation and practice of key jurisdictions around the world. Moral Rights concludes with a consideration of how the concept of moral rights can contribute to the re-shaping of copyright law in a digital context.
Description : This book focuses on the moral problems that arise for people who labor in ordinary places -- factories, schools, mines, stores, and farms. Moral Rights in the Workplace examines problems of freedom and coercion that develop on the job, issues of the right to meaningful work, occupational health and safety, whistleblowing, the right to union organization, unemployment, and the flight of factories, the rights of health care workers, and workers' self-management. Issues of employment discrimination such as comparable worth, seniority, affirmative action, and worksharing that have been given scant attention in other books are also discussed.
Description : Moral Rights is an essential reference on an increasingly important subject. This book clearly and comprehensively looks at the impact and protection of these rights in the UK as well as providing a comparative analysis of moral rights in key jurisdictions across the world. It is the definitive resource on moral rights on the national and international stage
Description : Do patients undergoing intolerable irremediable suffering have a moral right to physician-assisted suicide? Ought they to have a comparable legal right? Do the moral duties of a mother to care for and not abuse her child also apply to her fetus? This work provides an examination of court cases that shows how US law answers these questions.
Description : Moral Rights and Their Grounds offers a novel theory of rights based on two distinct views. The first—the value view of rights—argues that for a person to have a right is to be valuable in a certain way, or to have a value property. This special type of value is in turn identified by the reasons that others have for treating the right holder in certain ways, and that correlate with the value in question. David Alm then argues that the familiar agency view of rights should be replaced with a different version according to which persons’ rights, and thus at least in part their value, are based on their actions rather than their mere agency. This view, which Alm calls exercise-based rights, retains some of the most valuable features of the agency view while also defending it against common objections concerning right loss. This book presents a unique conception of exercise-based rights that will be of keen interest to ethicists, legal philosophers, and political philosophers interested in rights theory.
Description : Edited by Mylan Engel Jr. and Gary Lynn Comstock, this book employs different ethical lenses, including classical deontology, libertarianism, commonsense morality, virtue ethics, utilitarianism, and the capabilities approach, to explore the philosophical basis for the strong animal rights view, which holds that animals have moral rights equal in strength to the rights of humans, while also addressing what are undoubtedly the most serious challenges to the strong animal rights stance, including the challenges posed by rights nihilism, the “kind” argument against animal rights, the problem of predation, and the comparative value of lives. In addition, contributors explore the practical import of animal rights both from a social policy standpoint and from the standpoint of personal ethical decisions concerning what to eat and whether to hunt animals. Unlike other volumes on animal rights, which focus primarily on the legal rights of animals, and unlike other anthologies on animal ethics, which tend to cover a wide variety of topics but only devote a few articles to each topic, this volume focuses exclusively on the question of whether animals have moral rights and the practical import of such rights. The Moral Rights of Animals will be an indispensable resource for scholars, teachers, and students in the fields of animal ethics, applied ethics, ethical theory, and human-animal studies, as well as animal rights advocates and policy makers interested in improving the treatment of animals.
Description : This book is a comprehensive guide to the development and utilization of authorial moral rights across the key jurisdictions of the English-speaking world and in France and Germany. In recent years, the copyright statutes of the common law countries have been expanded by the introduction of provisions dealing with purely authorial rights - moral rights. The Moral Rights of Authors and Performers discusses the historical development of the rights in Europe, with particular reference to France and Germany, and shows the growth of moral rights theory and legislative coverage up to the late 1930s. During the 1920s the moral rights of authors became the subject of international protection, particularly through the operation of the Berne Convention for the Protection of Literary and Artistic Works. The book explores the adoption of moral rights into this and other international instruments, explaining the functions that moral rights were intended to perform. The author gives detailed accounts of the operation of moral rights in France and Germany today, addressing both statutory interpretation and doctrinal issues. The provision of case studies gives an impression of the rich jurisprudence associated with the rights in these countries. The book also contains a detailed discussion of the versions of moral rights that have become entrenched in Canada, the UK, the US and Australia, with each country considered independently. It deals separately with the introduction of the rights into each country and their operation and interpretation by courts and commentators. Material on common law analogues to the rights is provided, which indicates alternative actions that practitioners might take. Problems of cross-jurisdictional legal proceedings (especially arising from technological transfer of information) are also addressed, with moral rights protection elsewhere in the world summarized in tabular form.