Legal writers have, however, pointed out that this 'exclusive right' embraces not only the negative right
set out in the provision--the jus excludendi--consisting in the right to prohibit third parties from using a sign that is similar or identical, but also the positive right, that is to say the right actually to use that sign, namely, the jus utendi, which may also be exercised by licensing use of the trade mark.
My positive right that you pay me the $5 you promised yesterday is engendered by our negative right
to liberty: nothing forbids you from binding yourself to do that, but once you do, you of course thereby underwrite a positive claim on my part, requiring a positive action on yours.
At the same time, the negative right
enjoyed by CLS protected its ability to assemble free from interference by the state.
146) In enacting a scheme to regulate production, Parliament was required to reconcile the negative right
of the accused to make full answer and defense and the complainant's negative rights
to privacy, equality and security of the person.
He then devotes a subsection to the notion of human dignity, eventually concluding that inalienable and universal human rights are founded on inalienable and universal human dignity, which dignity imposes a duty of respect and a corresponding set of negative rights
, the chief of these being the right to life.
388) This conclusion follows because the legislature when addressing a negative right
prohibits the legislature's action entirely; however, when approaching a positive right, the court need only set the legislative process back in motion and allow the legislature to operate with broad discretion in fulfilling the constitutional rights, bounded only by certain limited parameters.
Suggesting that some complicated empirical argument is needed here, when in fact none is required, may weaken the strong case that exists for a right to freedom from poverty based on a negative right
It is a negative right
since it only requires that others do not kill one.
In that respect, I think this was a positive, even though it's a negative right
now, because I was able to throw strikes without walking anybody.
A negative right
to health care means the right of a patient and doctor to pursue a course of treatment of their choosing without interference by the government.
Wade, (3) argued before the United States Supreme Court for a "liberty from being forced to continue the unwanted pregnancy" (4) She argued before the Court for a negative right
, for a restraint on governmental interference in the abortion decision, not for a positive right of access or governmental entitlement to abortion.
Whatever seems negative right
now is divine, because if there is a negative there has to be a positive.