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To take an example involving two parties in a court of law: Adrian has a negative right to x against Clay, if and only if Clay is prohibited to act upon Adrian in some way regarding x. In contrast, Adrian has a positive right to x against Clay, if and only if Clay is obliged to act upon Adrian in some way regarding x.
This is also known as a common property resource, impure public good or sometimes erroneously as a common pool resource. [13] A common pool resource however is often managed the group of people that have access to that resource [14]. Examples of this can be air, water, sights, and sounds. Tragedy of the commons refers to this title. An example ...
There is speculation that since equality of opportunity is only one of sometimes competing "justice norms", there is a risk that following equality of opportunity too strictly might cause problems in other areas. [2] [127] A hypothetical example was suggested: suppose wealthier people gave excessive amounts of campaign contributions; suppose ...
The equality of natural property is the subject treated of in this work. Every person born into the world is born the rightful proprietor of a certain species of property, or the value thereof." [18] In Social Statics, Herbert Spencer based his political philosophy on the law of equal liberty. He pointed out that denying an equal right to use ...
Complex equality is a theory of justice outlined by Michael Walzer in his 1983 work Spheres of Justice. It is considered innovative because of its emphasis on the broader conceptualization of distribution, which covers not only tangible goods but also abstract goods such as rights. [ 1 ]
Social equality would be treating each of those three people in the same way (by providing each with the same aids, or none), whereas social equity pursues the aim of making them equally capable of traversing public spaces by themselves (e.g. by installing lifts next to staircases and providing person C with a wheelchair).
Maxims of equity are legal maxims that serve as a set of general principles or rules which are said to govern the way in which equity operates. They tend to illustrate the qualities of equity, in contrast to the common law, as a more flexible, responsive approach to the needs of the individual, inclined to take into account the parties' conduct and worthiness.
The property act uses substantive equality to recognize that equal treatment can lead to disadvantage. The act recognizes the impact relationships can have on the earning capacities of individuals and it aims to place them in more substantive position at the end of the relationship. [ 19 ]