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Posts Tagged ‘rights’

A (Very) Few Thoughts on Positive Rights

Internet access fundraisingI’m not about to go into some long-winded thesis on legal theory, but I have always found the question of “positive” versus “negative” rights very interesting. Put very simply, negative rights involve the right of freedom from interference in something, e.g. freedom of speech or religion, which really means the right to speak or practice without undue government interference. Positive rights are a tougher nut to crack. These are entitlements to some service, and they are not as easily asserted or enforced.

This is also not to be confused with legal positivism, which is a different concept that you should read about on your own.

Frank Pasquale has a post at Concurring Opinions where he addresses theories of positive rights as they pertain to health care and internet access. Interesting stuff around which I am still trying to wrap my head.

Photo credit: Internet access fundraising by HowardLake, on Flickr.

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