Michael Freeden's discussion of Wesley Newcomb Hohfeld
- Right to Act/Liberty (Free from Interference)
- Right to ClaimsReceive
- Right to Special privileges
- Right to Immunity
International Covenant on Civil and Political Rights
International Covenant on Economic, Social and Cultural Rights
- Art 10 - The right to family life
- Article 10 of the Covenant recognises the family as "the natural and fundamental group unit of society", and requires parties to accord it "the widest possible protection and assistance."
- Implementation at the International Level
- Respect = refrain from infringing
- Protect = state action & intervention against other third parties (private action)
- Promote & Fulfill =
Respect (do no harm yourself) -> Protect (make sure others do no harm) -> Promote/Fulfill
Economic & Social Council
Progressive Realization (making progress over time) -> Data statistics
Gross National Product vs Human Development Index
10/16/08
Strict scrutiny of (C&PR) fundamental rights vs. rational basis scrutiny of (E&SR) economic rights
When Lochner overruled, moved from C&PR category to E&SR.