Rights

Edited by Tom Dougherty (Cambridge University, University of North Carolina, Chapel Hill)
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  1. البحث عن معنى - Searching for a Meaning.Salah Osman - 2019 - Alexandria, Alexandria Governorate, Egypt: منشأة المعارف بالإسكندرية The Establishment of Knowledge (Munsha't al-Ma'arif).
    في معية الإخفاقات الحضارية المتتالية للعقل العربي في عالمنا المعاصر؛ حيث تم تجريد الأشياء – والقضايا والسياسات والمواقف والقرارات والعلاقات – من معانيها، أو بالأحرى تم مسخها بمعانٍ زائفة تُلبي حاجات الزيف الممسك بتلابيب الواقع، واتسعت الفجوة بين كلٍ العقل ومنطقه، والتفكير ومبادئه، والعلم ومنهجه، والدين ورسالته، والإنسان وإنسانيته، وبين ماضي العربي وحاضره، ثم بين حاضره ومستقبله ... يغدو البحث عن معنى – باستقامة معنى «المعنى» وعقلانيته – محاولة أخيرة لإدراك الغاية من الوجود، وإنعاش قلب أوشك نبضه على التوقف، واستعادة (...)
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  2. Repenser le républicanisme : l’idéal de la non-domination et les politiques multiculturelles.Karel J. Leyva - 2018 - In Solange Lefebvre & Guillaume St Laurent (eds.), Dix ans plus tard : La Commission Bouchard-Taylor, succès ou échec ? Montréal, QC, Canada: pp. 303-316.
    Le rapport issu de la commission Bouchard-Taylor qualifie la laïcité qui s’est implantée au Québec comme étant « plus libérale que républicaine », car elle permet à tous les citoyens « d’exprimer leurs convictions religieuses dans la mesure où cette expression n’entrave pas les droits et libertés d’autrui ». Les régimes républicains y sont présentés comme ceux qui refoulent les différences ethnoculturelles, « en les laissant en marge », tandis que le multiculturalisme accorderait une place prioritaire à la diversité. Dans (...)
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  3. Rights and Reason: An Introduction to the Philosophy of Rights. [REVIEW]James Mahon - 2005 - International Journal of Philosophical Studies 13:285-289.
    In this review I consider Gorman's arguments for redescrbiing the history of ethics, from Plato to Isaiah Berlin, as the history of theories of human rights, and for the conclusions that human rights are dependent, that they change over time, and that they may conflict with each other. I disagree with his interpretations of Plato, Hobbes, and Kant, as well as the idea that their moral theories can be converted into theories of human rights without loss, and I argue that (...)
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  4. Artificial Intelligence: Opportunities and Implications for the Future of Decision Making.U. K. Government & Office for Science - 2016
    Artificial intelligence has arrived. In the online world it is already a part of everyday life, sitting invisibly behind a wide range of search engines and online commerce sites. It offers huge potential to enable more efficient and effective business and government but the use of artificial intelligence brings with it important questions about governance, accountability and ethics. Realising the full potential of artificial intelligence and avoiding possible adverse consequences requires societies to find satisfactory answers to these questions. This report (...)
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  5. Ethics, Rights, and White's Antitrust Skepticism.Ryan Long - 2016 - The Antitrust Bulletin 61 (2):336-341.
    Mark White has developed a provocative skepticism about antitrust law. I first argue against three claims that are essential to his argument: the state may legitimately constrain or punish only conduct that violates someone’s rights, the market’s purpose is coordinating and maximizing individual autonomy, and property rights should be completely insulated from democratic deliberation. I then sketch a case that persons might have a right to a competitive market. If so, antitrust law does deal with conduct that violates rights. The (...)
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  6. Rights and Participatory Goods.Morauta James - 2002 - Oxford Journal of Legal Studies 22 (1):91-113.
    What sorts of things can individuals have rights to? In this paper I consider one influential negative claim: that individuals cannot have rights to so-called “participatory goods”. I argue that this claim is mistaken. There are two kinds of counter-examples, what I call “actualization rights” and “conditional rights”. Although the scope for individual actualization rights to participatory goods may be relatively narrow, individual conditional rights to participatory goods are both common and important: they are one of the main vehicles that (...)
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  7. The Rights of the Guilty: Punishment and Political Legitimacy.Corey Brettschneider - 2007 - Political Theory 35 (2):175-199.
    In this essay I develop and defend a theory of state punishment within a wider conception of political legitimacy. While many moral theories of punishment focus on what is deserved by criminals, I theorize punishment within the specific context of the state's relationship to its citizens. Central to my account is Rawls's “liberal principle of legitimacy,” which requires that all state coercion be justifiable to all citizens. I extend this idea to the justification of political coercion to criminals qua citizens. (...)
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  8. An Account of the Democratic Status of Constitutional Rights.Iñigo González-Ricoy - 2013 - Res Publica 19 (3):241-256.
    The paper makes a twofold contribution. Firstly, it advances a preliminary account of the conditions that need to obtain for constitutional rights to be democratic. Secondly, in so doing, it defends precommitment-based theories from a criticism raised by Jeremy Waldron—namely, that constitutional rights do not become any more democratic when they are democratically adopted, for the people could adopt undemocratic policies without such policies becoming democratic as a result. The paper shows that the reductio applies to political rights, yet not (...)
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  9. Subsistence Rights.Lisa Rivera - unknown
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  10. Equal Negative Liberty and Welfare Rights.Peter Vallentyne - 2011 - International Journal of Applied Philosophy 25 (2):237-41.
    In Are Equal Liberty and Equality Compatible?, Jan Narveson and James Sterba insightfully debate whether a right to maximum equal negative liberty requires, or at least is compatible with, a right to welfare. Narveson argues that the two rights are incompatible, whereas Sterba argues that the rights are compatible and indeed that the right to maximum equal negative liberty requires a right to welfare. I argue that Sterba is correct that the two rights are conceptually compatible and that Narveson is (...)
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  11. Social Deprivation and Criminal Justice.Kimberley Brownlee - 2012 - In François Tanguay-Renaud & James Stribopoulos (eds.), Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Criminal Law. Hart Publishing.
    This article challenges the use of social deprivation as a punishment, and offers a preliminary examination of the human rights implications of exile and solitary confinement. The article considers whether a human right against coercive social deprivation is conceptually redundant, as there are recognised rights against torture, extremely cruel, inhumane, or degrading treatment as well as rights to basic health care, education, and security, which might encompass what this right protects. The article argues that the right is not conceptually redundant, (...)
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  12. Copyright and Freedom of Expression: A Philosophical Map.Alexandra Couto - 2008 - In A. Gosseries, A. Marciano & A. Strowel (eds.), Intellectual Property and Theories of Justice. Palgrave.
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  13. Parental Rights and Due Process.Donald C. Hubin - 1999 - The Journal of Law and Family Studies 1 (2):123-150.
    The U.S. Supreme Court regards parental rights as fundamental. Such a status should subject any legal procedure that directly and substantively interferes with the exercise of parental rights to strict scrutiny. On the contrary, though, despite their status as fundamental constitutional rights, parental rights are routinely suspended or revoked as a result of procedures that fail to meet even minimal standards of procedural and substantive due process. This routine and cavalier deprivation of parental rights takes place in the context of (...)
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  14. Legal System of International Rights.Helen Stacy - 2011 - In David Palumbo-Liu, Bruce Robbins & Nirvana Tanoukhi (eds.), Immanuel Wallerstein and the Problem of the World: System, Scale, Culture. Duke University Press.
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  15. Inter-Country Adoption in Ireland: Law, Children's Rights and Contemporary Social Work Practice.Simone McCaughren & Catherine Sherlock - 2008 - Ethics and Social Welfare 2 (2):133-149.
    This paper explores the current practice dilemmas and common ideologies that characterize inter-country adoption in Ireland and explores these issues through a child rights lens. The social and historical development and construction of adoption are examined in order to outline the broad parameters within which inter-country adoption occurs in Ireland. The role of social workers in this complex and specialized area of work is examined and some of the questions posed by adoption professionals are highlighted. A real consideration for the (...)
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  16. Beneficence, Rights and Citizenship.Garrett Cullity - 2003 - Australian Journal of Human Rights 9:85-105.
    What are we morally required to do for strangers? To answer this question – a question about the scope of requirements to aid strangers – we must first answer a question about justification: why are we required to aid them (when we are)? The main paper focuses largely on answering the question about justification, but does so in order to arrive at an answer to the question about scope. Three main issues are discussed. First, to what extent should requirements of (...)
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  17. Vindication of the Rights of Machine.Kris Rhodes - manuscript
    In this paper, I argue that certain Machines can have rights independently of whether they are sentient, or conscious, or whatever you might call it.
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  18. The Nature and Disvalue of Injury.Seth Lazar - 2009 - Res Publica 15 (3):289-304.
    This paper explicates a conception of injury as right-violation, which allows us to distinguish between setbacks to interests that should, and should not, be the concern of theories of justice. It begins by introducing a hybrid theory of rights, grounded in (a) the mobilisation of our moral equality to (b) protect our most important interests, and shows how violations of rights are the concern of justice, while setbacks where one of the twin grounds of rights is defeated are not. It (...)
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  19. The Rights of "Unborn Children" and the Value of Pregnant Women.Howard L. Minkoff & Lynn M. Paltrow - 2006 - Hastings Center Report 36 (2):26-28.
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  20. The Rights of Unreasonable Citizens.Jonathan Quong - 2004 - Journal of Political Philosophy 12 (3):314–335.
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  21. Privacy and the USA Patriot Act: Rights, the Value of Rights, and Autonomy.Alan Rubel - 2007 - Law and Philosophy 26 (2):119-159.
    Civil liberty and privacy advocates have criticized the USA PATRIOT Act (Act) on numerous grounds since it was passed in the wake of the World Trade Center attacks in 2001. Two of the primary targets of those criticisms are the Act’s sneak-and-peek search provision, which allows law enforcement agents to conduct searches without informing the search’s subjects, and the business records provision, which allows agents to secretly subpoena a variety of information – most notoriously, library borrowing records. Without attending to (...)
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  22. Referent Tracking for Digital Rights Management.Werner Ceusters & Barry Smith - 2007 - International Journal of Metadata, Semantics and Ontologies 2 (1):45-53.
    Digital Rights Management (DRM) covers the description, identification, trading, protection, monitoring and tracking of all forms of rights over both tangible and intangible assets. The Digital Object Identifier (DOI) system provides a framework for the persistent identification of entities involved in this domain. Although the system has been very well designed to manage object identifiers, some important questions relating to the creation and assignment of identifiers are left open. The paradigm of a Referent Tracking System (RTS) recently advanced in the (...)
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  23. The Rights and Duties of Childrearing.Peter Vallentyne - 2003 - William and Mary Bill of Rights Journal 11:991-1010.
    What rights and duties do adults have with respect to raising children? Who, for example, has the right to decide how and where a particular child will live, be educated, receive health care, and spend recreational time? I argue that neither biological (gene-provider) nor..
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Bodily Rights
Reproductive Rights
  1. Questionable Benefits and Unavoidable Personal Beliefs: Defending Conscientious Objection for Abortion.Bruce Philip Blackshaw & Daniel Rodger - forthcoming - Journal of Medical Ethics:medethics-2019-105566.
    Conscientious objection in healthcare has come under heavy criticism on two grounds recently, particularly regarding abortion provision. First, critics claim conscientious objection involves a refusal to provide a legal and beneficial procedure requested by a patient, denying them access to healthcare. Second, they argue the exercise of conscientious objection is based on unverifiable personal beliefs. These characteristics, it is claimed, disqualify conscientious objection in healthcare. Here, we defend conscientious objection in the context of abortion provision. We show that abortion has (...)
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  2. Thinking Critically About Abortion: Why Most Abortions Aren’T Wrong & Why All Abortions Should Be Legal.Nathan Nobis & Kristina Grob - 2019 - Atlanta, GA: Open Philosophy Press.
    This book introduces readers to the many arguments and controversies concerning abortion. While it argues for ethical and legal positions on the issues, it focuses on how to think about the issues, not just what to think about them. It is an ideal resource to improve your understanding of what people think, why they think that and whether their (and your) arguments are good or bad, and why. It's ideal for classroom use, discussion groups, organizational learning, and personal reading. -/- (...)
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  3. Teaching Medical Ethics and Law Within Medical Education: A Model for the UK Core Curriculum.Richard Ashcroft & Donna Dickenson - 1998 - Journal of Medical Ethics 24:188-192.
    Consensus statement by UK teachers of medical ethics and law.
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  4. Review of Cynthia Daniels, At Women's Expense. [REVIEW]Donna Dickenson - 1995 - Journal of Medical Ethics 21 (1):61.
    Review of book by Cynthia Daniels, At Women's Expense: State Power and the Politics of Fetal Rights.
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  5. Ethical Issues in Pre-Cancer Testing: The Parallel with Huntington's Disease.Donna L. Dickenson - 2002 - In Bill Fulford, Donna Dickenson & Thomas Murray Murray (eds.), Healthcare Ethics and Human Values: An Introductory Text with Readings and Case Studies. Oxford: Blackwell. pp. 97-100.
    This chapter considers ethical issues involved in genetic testing and screening for susceptibility to various forms of cancer.
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  6. What Should Be the RCOG's Relationship with Older Women?Donna Dickenson - 2009 - In Susan Bewley, William Ledger & Dimitrios Nikolaou (eds.), Reproductive Ageing. London: Royal College of Obstetricians and Gynaecologists. pp. 277-286.
    Reproductive ageing has effects on individual and public health, now and in generations to come. This volume of presentations from a conference at the Royal College of Obstetricians and Gynaecologists brings together a diverse but timely set of contributions.. in ny chapter I specifically examine the responsibilities of the College to women outside normal reproductive age.
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  7. The New French Resistance: Commodification Rejected?Donna Dickenson - 2005 - Medical Law International 7 (1):41-63.
    In this article I evaluate a resurrected French resistance movement--to biotechnological commodification. The official French view that ‘the body is the person’ has been dismissed as a ‘taboo’ by the French political scientist Dominique Memmi . Yet France has indeed resisted the models of globalised commodification adopted in US bioechnology, as, for example, when the government blocked a research collaboration between the American firm Millennium Pharmaceuticals and a leading genomics laboratory, le Centre d’Etude du Polymorphisme Humain, on the grounds the (...)
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  8. Ownership, Property and Women's Bodies.Donna Dickenson - 2006 - In Heather Widdows, Aitsiber Emaldi Cirion & Itziar Alkorta Idiakez (eds.), Women's Reproductive Rights. Basingstoke, UK: Palgrave Macmillan. pp. 188-198.
    Does advocating women's reproductive rights require us to believe that women own property in their bodies? In this chapter I conclude that it does not. Although the concept of owning our own bodies — ‘whose body is it anyway?’ — has polemical and political utility, it is incoherent in philosophy and law. Rather than conflate the entirely plausible concept of women’s reproductive rights and the implausible notion of property in the body, we should keep them separate, so that the weakness (...)
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  9. What Should Be the RCOG's Relationship with Older Women?Donna Dickenson - 2009 - In Reproductive Ageing. London: Royal College of Obstetricians and Gynaecologists Press. pp. 277-286.
    A ‘should’ question normally signals work for an ethicist but this ethicist’s task is complicated by the normative dimension of all the chapters in this volume. Each author was asked to come up with three recommendations from their own subject area – ’should’ statements deriving from the ‘is’ analysis that they present. If those prescriptions cover the relevant topics, what more is there for an ethicist to do? I have had a personal interest in obstetricians’ relationship with ‘older women’ since (...)
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  10. Regulating (or Not) Reproductive Medicine: An Alternative to Letting the Market Decide.Donna Dickenson - 2011 - Indian Journal of Medical Ethics 8 (3):175-179.
    Whilst India has been debating how to regulate 'surrogacy' the UK has undergone a major consultation on increasing the amount of 'expenses'paid to egg 'donors', while France has recently finished debating its entire package of bioethics regulation and the role of its Biomedicine Agency. Although it is often claimed that there is no alternative to the neo-liberal, market-based approach in regulating (or not) reproductive medicine--the ideology prevalent in both India and the UK--advocates of that position ignore the alternative model offered (...)
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  11. I Love My Children: Am I Racist? On the Wish to Be Biologically Related to One’s Children.Ezio Di Nucci - 2018 - Journal of Medical Ethics 44 (12):814-816.
    Is the wish to be biologically related to your children legitimate? Here, I respond to an argument in support of a negative answer to this question according to which a preference towards having children one is biologically related to is analogous to a preference towards associating with members of one’s own race. I reject this analogy, mainly on the grounds that only the latter constitutes discrimination; still, I conclude that indeed a preference towards children one is biologically related to is (...)
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  12. Reproduktionstechnologien und Bionormative Familienkonzeptionen.Ezio Di Nucci - forthcoming - In Handbuch Philosophie der Kindheit.
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  13. Even If the Fetus is Not a Person, Abortion is Immoral: The Impairment Argument.Perry Hendricks - 2019 - Bioethics 33 (2):245-253.
    Much of the discussion surrounding the ethics of abortion has centered around the notion of personhood. This is because many philosophers hold that the morality of abortion is contingent on whether the fetus is a person - though, of course, some famous philosophers have rejected this thesis (e.g. Judith Thomson and Don Marquis). In this article, I construct a novel argument for the immorality of abortion based on the notion of impairment. This argument does not assume that the fetus is (...)
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  14. Conscientious Refusal of Abortion in Emergency Life-Threatening Circumstances and Contested Judgments of Conscience.Wojciech Ciszewski & Tomasz Żuradzki - 2018 - American Journal of Bioethics 18 (7):62-64.
    Lawrence Nelson (2018) criticizes conscientious objection (CO) to abortion statutes as far as they permit health care providers to escape criminal liability for what would otherwise be the legally wrongful taking of a pregnant woman’s life by refusing treatment (i.e. abortion). His key argument refers to the U.S. Supreme Court judgment (Roe v. Wade 1973) that does not treat the unborn as constitutional persons under the Fourteenth Amendment. Therefore, Nelson claims that within the U.S. legal system any vital interests of (...)
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  15. Contemporary Forms of Eugenics.Robert A. Wilson - 2017 - eLS Wiley Online.
    Eugenics is commonly thought of as having endured as science and social movement only until 1945. With the advance of both reproductive and enhancement technologies, however, concern has arisen that eugenics has resurfaced in new forms. In particular, the eugenic potential of the Human Genome Project led to talk of the rise of ‘newgenics’ and of a backdoor to eugenics. This article focuses on such concerns deriving from the practice of prenatal screening and technologies that increase our ability to generate (...)
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  16. There is No Right to the Death of the Fetus.Perry Hendricks - 2018 - Bioethics (6):1-3.
    Joona Räsänen, in his article ‘Ectogenesis, abortion and a right to the death of the fetus’, has argued for the view that parents have a right to the death of the fetus. In this article, I will explicate the three arguments Räsänen defends, and show that two of them have false or unmotivated premises and hence fail, and that the support he offers for his third argument is inconsistent with other views he expresses in his article. Therefore, I conclude that (...)
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  17. Stem Cell Research and Same Sex Reproduction.Thomas Douglas, Catherine Harding, Hannah Bourne & Julian Savulescu - 2012 - In Muireann Quigley, Sarah Chan & John Harris (eds.), Stem Cells: New Frontiers in Science and Ethics. World Scientific.
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  18. Genetic Affinity and the Right to ‘Three-Parent IVF’.G. Owen Schaefer & Markus Labude - 2017 - Journal of Assisted Reproduction and Genetics 34 (12):1577-1580.
    With the recent report of a live birth after use of Mitochondrial replacement therapy, sometimes called ‘Three-parent IVF’, the clinical application of the technique is fast becoming a reality. While the United Kingdom allows the procedure under regulatory scrutiny, it remains effectively outlawed in many other countries. We argue that such prohibitions may violate individuals’ procreative rights, grounded in individuals’ interest in genetic affinity. The interest in genetic affinity was recently endorsed by Singapore’s highest court, reflecting an emphasis on the (...)
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  19. Will the World Decrease Births or Increase Deaths?—A Review of ‘Reproductive Medicine’--E. Coutinho & P. Spinola Eds. 366p (1999).Michael Starks - 2016 - In Suicidal Utopian Delusions in the 21st Century: Philosophy, Human Nature and the Collapse of Civilization-- Articles and Reviews 2006-2017 2nd Edition Feb 2018. Michael Starks. pp. 581-584.
    I review this report of an old medical congress on reproductive medicine. Much has happened in the 17 years since its publication but the most urgent task of preventing further population growth has largely failed on a global scale. I try to bring it up to date and briefly discuss the inexorable disaster coming as the world population passes 11 billion in the 22nd century. -/- Those wishing a comprehensive up to date framework for human behavior from the modern two (...)
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  20. Resolving the Debate on Libertarianism and Abortion.Jan Narveson - 2016 - Libertarian Papers 8:267-272.
    I take issue with the view that libertarian theory does not imply any particular stand on abortion. Liberty is the absence of interference with people’s wills—interests, wishes, and desires. Only entities that have such are eligible for the direct rights of libertarian theory. Foetuses do not; and if aborted, there is then no future person whose rights are violated. Hence the “liberal” view of abortion: women (especially) may decide whether to bear the children they have conceived. Birth is a good (...)
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  21. Parental Enhancement and Symmetry of Power in the Parent–Child Relationship.Anca Gheaus - 2016 - Journal of Medical Ethics 42 (6):70-89.
    Many instances of parental enhancement are objectionable on egalitarian grounds because they unnecessarily amplify one kind of asymmetry of power between parents and children. Because children have full moral status, we ought to seek egalitarian relationships with them. Such relationships are compatible with asymmetries of power only to the extent to which the asymmetry is necessary for (1) advancing the child's level of advantage up to what justice requires or (2) instilling in the child morally required features. This is a (...)
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  22. Deafness and Prenatal Testing: A Study Analysis.Marvin J. H. Lee, Benjamin Chan & Peter A. Clark - 2016 - Internet Journal of Family Practice 14 (1).
    The Deaf culture in the United States is a unique culture that is not widely understood. To members of the Deaf community in the United States, deafness is not viewed as a disease or pathology to be treated or cured; instead it is seen as a difference in human experience. Members of this community do not hide their deafness; instead they take great pride in their Deaf identity. The Deaf culture in the United States is very communitarian not individualistic. Mary (...)
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  23. Új szülők, új gyermekek: Miképpen változtatja meg szülői felelősségünket a reprodukciós medicina.Gusztáv Kovács - 2014 - PPHF.
    The book discusses the development of reproductive medicine from the perspective of the parent-child relationship. -/- A könyv a reprodukciós medicina fejlődését vizsgálja a szülői felelősség szempontjából.
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  24. Contraception and Abortion: A Utilitarian View.Leslie Allan - manuscript
    Conservative and liberal approaches to the problem of abortion are oversimplified and deeply flawed. Accepting that the moral status of the conceptus changes during gestation, the author advances a more nuanced perspective. Through applying a form of rules in practice utilitarianism within the context of overall population policy, he provides a compelling ethical and legal framework for regulating contraception and abortion practices.
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  25. Offensive Defensive Medicine: The Ethics of Digoxin Injections in Response to the Partial Birth Abortion Ban.Colleen Denny, Govind Persad & Elena Gates - 2014 - Contraception 90 (3):304.
    Since the Supreme Court upheld the partial birth abortion ban in 2007, more U.S. abortion providers have begun performing intraamniotic digoxin injections prior to uterine dilation and evacuations. These injections can cause medical harm to abortion patients. Our objective is to perform an in-depth bioethical analysis of this procedure, which is performed mainly for the provider’s legal benefit despite potential medical consequences for the patient.
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  26. Libertarian Patriarchalism: Nudges, Procedural Roadblocks, and Reproductive Choice.Govind Persad - 2014 - Women’s Rights L. Rep 35:273--466.
    Cass Sunstein and Richard Thaler's proposal that social and legal institutions should steer individuals toward some options and away from others-a stance they dub "libertarian paternalism"-has provoked much high-level discussion in both academic and policy settings. Sunstein and Thaler believe that steering, or "nudging," individuals is easier to justify than the bans or mandates that traditional paternalism involves. -/- This Article considers the connection between libertarian paternalism and the regulation of reproductive choice. I first discuss the use of nudges to (...)
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  27. Torture Born: Representing Pregnancy and Abortion in Contemporary Survival-Horror.Steve Jones - 2015 - Sexuality and Culture 19 (3):426-443.
    In proportion to the increased emphasis placed on abortion in partisan political debate since the early 2000s, there has been a noticeable upsurge in cultural representations of abortion. This article charts ways in which that increase manifests in contemporary survival-horror. This article contends that numerous contemporary survival-horror films foreground pregnancy. These representations of pregnancy reify the pressures that moralistic, partisan political campaigning places on individuals who consider terminating a pregnancy. These films contribute to public discourse by engaging with abortion as (...)
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