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Prima facie right information


A prima facie right is a right that can be outweighed by other considerations. It stands in contrast with absolute rights, which cannot be outweighed by anything. Some authors consider an absolute right as a prima facie right, but one that cannot be outweighed in any possible situation.[1] It is also maintained that all men always have a prima facie rights to liberty, security, and life but they do not constitute actual rights if there are stronger prima facie rights or moral considerations that supervene.[2] An act may also be viewed as prima facie right but viewed in others as prima facie wrong.[3]

  1. ^ Rainbolt, George (2006). The Concept of Rights. Dordrecht: Springer Science & Business Media. pp. 161. ISBN 140203976X.
  2. ^ Nielsen, Kai (1991). God and the Grounding of Morality. Ottawa: University of Ottawa Press. p. 101. ISBN 0776603280.
  3. ^ Fumerton, Richard; Jeske, Diane (2010). Introducing Philosophy Through Film: Key Texts, Discussion, and Film Selections. Hoboken, NJ: Wiley Blackwell. p. 293. ISBN 9781405171021.

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Prima facie right

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A prima facie right is a right that can be outweighed by other considerations. It stands in contrast with absolute rights, which cannot be outweighed by...

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Prima facie

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Prima facie (/ˌpraɪmə ˈfeɪʃi, -ʃə, -ʃiiː/; from Latin prīmā faciē) is a Latin expression meaning "at first sight", or "based on first impression". The...

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The Right and the Good

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The Right and the Good is a 1930 book by the Scottish philosopher David Ross. In it, Ross develops a deontological pluralism based on prima facie duties...

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First to file and first to invent

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before the inventor. However, the first applicant to file has the prima facie right to the grant of a patent. Under the first-to-invent system, when two...

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English unjust enrichment law

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enrichment. If the following elements are satisfied, a claimant has a prima facie right to restitution: the defendant has been enriched; this enrichment is...

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Bail

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nations, people charged with a criminal offence in Canada have a prima facie right to reasonable bail (known in Canada as 'judicial interim release')...

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Secession

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participation has a prima facie right to secede. Cultural Secessionism: any group which was previously in a minority has a right to protect and develop...

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Fornication

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sexual instincts, which almost all human beings have, generate a prima facie 'right' that these instincts receive physical expression. All are called...

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Rule utilitarianism

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utility. Act utilitarianism Brad Hooker Guideline Harm principle Prima facie right Proportionalism Richard Brandt Rule egoism Thought experiments in...

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Negative and positive rights

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not reliably prima facie. Some critics of positive rights implicitly suggest that because positive obligations are not reliably prima facie, they must always...

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Situational ethics

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ethics – Theory of normative philosophical ethics and meta-ethics Prima facie right "Situation ethics", The American Heritage Dictionary of the English...

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Norman Geisler

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good view", but is not to be confused with utilitarianism (see also prima facie right). Geisler believed the American Revolution was not justified by the...

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List of conspiracy theories

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depends on evidence as for any theory. However, they are often implausible prima facie due to their convoluted and all-encompassing nature. Conspiracy theories...

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Alasdair Cochrane

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killed, and so have a prima facie right not to be made to suffer and a prima facie right not to be killed. Whether these prima facie rights translate into...

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Insects in ethics

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of situation in which all cannot survive. In such a situation, a prima facie right to life of an animal is overridden. In general, insects are not postulated...

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Gun control

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even if its outcomes would be positive, because individuals have a prima facie right to own a gun for self-defense and recreation. A 2007 article published...

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Graded absolutism

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Philosophy portal Moral absolutism Moral dilemma Moral universalism Prima facie right Situational ethics Value pluralism Ramsey, Nathan (2003). "Ethical...

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Potential person

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potential itself is not of significance. Among views that reject a prima facie right to potential people, there are, on one hand, claims that potential...

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Copyright

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jurisdictions where the laws provide for registration, it serves as prima facie evidence of a valid copyright and enables the copyright holder to seek...

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Modern Moral Philosophy

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produces the greatest balance of happiness, or balance of prima facie rightness over prima facie wrongness. In consequentialism, so construed, there are...

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Proportionalism

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to act against the Law. Doctrine of double effect Just war theory Prima facie right Situational ethics Summum bonum Natural Moral Law Note that there...

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Statelessness

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viewpoint is harder to discern. In those cases, one may need to rely on prima facie evidence of the view of the state, which in turn may give rise to a presumption...

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Animal Rights Without Liberation

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suffer and in not being killed, and so have a prima facie right not to be made to suffer and a prima facie right not to be killed. Animal Rights Without Liberation...

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R v Sparrow

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existing aboriginal right? If this right has been established, does the impugned limitation constitute a prima facie infringement on that right? If the limitation...

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Second Amendment to the United States Constitution

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Court reiterated its earlier rulings that "the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were...

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Fumus boni iuris

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protective measures, injunctions). It has a prima facie case when there is a possibility that the right claimed exists in practice: the existence of...

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