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Public Rights, Private Relations (Hardcover)
Loot Price: R3,852
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Public Rights, Private Relations (Hardcover)
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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 are increasingly 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 framework for 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 by these 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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