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An Essay on Rights

Philosophical Review 105 (4):557 (1996)

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  1. On Rights of Inheritance and Bequest.Iain Brassington - 2019 - The Journal of Ethics 23 (2):119-142.
    What attitude would a just state take to the inheritance of property? Would confiscatory taxes on the estate of the deceased be morally acceptable, or would they represent some kind of wrong? While there is a good amount of political philosophical scholarship that considers the desirability of inheritance tax, there appears to be little that has considered it from the perspective of rights theory, asking what kind of thing a right to bequeath or to inherit would be, and whether those (...)
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  • Why it is Disrespectful to Violate Rights: Contractualism and the Kind-Desire Theory.Janis David Schaab - 2018 - Philosophical Studies 175 (1):97-116.
    The most prominent theories of rights, the Will Theory and the Interest Theory, notoriously fail to accommodate all and only rights-attributions that make sense to ordinary speakers. The Kind-Desire Theory, Leif Wenar’s recent contribution to the field, appears to fare better in this respect than any of its predecessors. The theory states that we attribute a right to an individual if she has a kind-based desire that a certain enforceable duty be fulfilled. A kind-based desire is a reason to want (...)
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  • Justice as a claim to (social) property.Rutger Claassen - 2017 - Critical Review of International Social and Political Philosophy 21 (5):631-645.
    Margaret Kohn argues for a reappraisal of early twentieth-century left-republican French political theory, known as ‘solidarism’. Solidarism recognises private property as legitimate, but at the same time argues that the collective nature of economic production gives rise to a claim to social property. It is social property that should underlie the case for social justice and social rights, not the standard liberal claims to individual autonomy. This paper provides an appraisal of Kohn’s recovery of solidarism, taking as its main theme (...)
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  • Biological Parenthood: Gestational, Not Genetic.Anca Gheaus - 2017 - Australasian Journal of Philosophy 96 (2):225-240.
    Common sense morality and legislations around the world ascribe normative relevance to biological connections between parents and children. Procreators who meet a modest standard of parental competence are believed to have a right to rear the children they brought into the world. I explore various attempts to justify this belief and find most of these attempts lacking. I distinguish between two kinds of biological connections between parents and children: the genetic link and the gestational link. I argue that the second (...)
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  • Territorial Rights and Carbon Sinks.Steve Vanderheiden - 2017 - Science and Engineering Ethics 23 (5):1273-1287.
    Scholars concerned with abuses of the “resource privilege” by the governments of developing states sometimes call for national sovereignty over the natural resources that lie within its borders. While such claims may resist a key driver of the “resource curse” when applied to mineral resources in the ground, and are often recognized as among a people’s territorial rights, their implications differ in the context of climate change, where they are invoked on behalf of a right to extract and combust fossil (...)
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  • (2 other versions)I, Me, Mine: Body-Ownership and the Generation Problem.Fiona Woollard - 2016 - Pacific Philosophical Quarterly 98 (98):87-108.
    The Body Ownership Thesis states that each person owns her body. I address a prominent objection, the Generation Problem: the Body Ownership Thesis apparently implies that parents own their children: as we own the fruit of our property, if a parent owns her own body, she must own her child and her child's body. I argue that a person does not own the fruit of her property when that fruit is a person or the body of a person. Persons have (...)
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  • Value neutrality and the ranking of opportunity sets.Michael Garnett - 2016 - Economics and Philosophy 32 (1):99-119.
    I defend the idea that a liberal commitment to value neutrality is best honoured by maintaining a pure cardinality component in our rankings of opportunity or liberty sets. I consider two challenges to this idea. The first holds that cardinality rankings are unnecessary for neutrality, because what is valuable about a set of liberties from a liberal point of view is not its size but rather its variety. The second holds that pure cardinality metrics are insufficient for neutrality, because liberties (...)
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  • Expanding the Nudge: Designing Choice Contexts and Choice Contents.Kalle Grill - 2014 - Rationality, Markets and Morals 5:139-162.
    To nudge is to design choice contexts in order to improve choice outcomes. Richard Thaler and Cass Sunstein emphatically endorse nudging but reject more restrictive means. In contrast, I argue that the behavioral psychology that motivates nudging also motivates what may be called jolting — i.e. the design of choice content. I defend nudging and jolting by distinguishing them from the sometimes oppressive means with which they can be implemented, by responding to some common arguments against nudging, and by showing (...)
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  • Justice and political authority in left-libertarianism.Fabian Wendt - 2015 - Politics, Philosophy and Economics 14 (3):316-339.
    From a left-libertarian perspective, it seems almost impossible for states to acquire political authority. For that reason, left-libertarians like Peter Vallentyne understandably hope that states without political authority could nonetheless implement left-libertarian justice. Vallentyne has argued that one can indeed assess a state’s justness without assessing its political authority. Against Vallentyne, I try to show that states without political authority have to be judged unjust even if they successfully promote justice. The reason is that institutions can be unjust independently from (...)
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  • Who owns what? Some reflections on the foundation of political philosophy.Lloyd P. Gerson - 2012 - Social Philosophy and Policy 29 (1):81-105.
    Research Articles Lloyd P. Gerson, Social Philosophy and Policy, FirstView Article.
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  • The self-ownership proviso: A critique.Peter Bornschein - 2018 - Politics, Philosophy and Economics 17 (4):339-355.
    Recently, Eric Mack, Edward Feser, and Daniel Russell have argued that self-ownership justifies a constraint on the use of property such that an owner’s use of property may not severely negate the ability of others to interact with the world. Mack has labeled this constraint the self-ownership proviso. Adopting this proviso promises right-libertarians a way of avoiding the extreme implications of a no-proviso view, while maintaining a consistent and cohesive position. Nevertheless, I argue that self-ownership cannot ground the constraint on (...)
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  • Climate change, fundamental interests, and global justice.Carl Knight - 2016 - Critical Review of International Social and Political Philosophy 19 (5):629-644.
    Political philosophers commonly tackle the issue of climate change by focusing on fundamental interests as a basis for human rights. This approach struggles, however, in cases where one set of fundamental interests requires one course of action, and another set of fundamental interests requires another course of action. This article advances an alternative response to climate change based on an account of global justice that gives weight to utilitarian, prioritarian, and luck egalitarian considerations. A practical application of this pluralistic account (...)
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  • Global equality of resources and the problem of valuation.Alexander Brown - 2016 - Critical Review of International Social and Political Philosophy 19 (5):609-628.
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  • The libertarian nonaggression principle.Matt Zwolinski - 2016 - Social Philosophy and Policy 32 (2):62-90.
    Libertarianism is a controversial political theory. But it is often presented as a resting upon a simple, indeed commonsense, moral principle. The libertarian “Non-Aggression Principle” (NAP) prohibits aggression against the persons or property of others, and it is on this basis that the libertarian opposition to redistributive taxation, legal paternalism, and perhaps even the state itself is thought to rest. This paper critically examines the NAP and the extent to which it can provide support for libertarian political theory. It identifies (...)
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  • Freedom, self-ownership, and equality in Steiner’s left-libertarianism.Ronen Shnayderman - 2013 - Politics, Philosophy and Economics 12 (3):219-227.
    Hillel Steiner’s left-libertarian theory of justice is the most serious recent attempt to reconcile the ideals of (luck-egalitarian) equality and freedom. This attempt consists in an argument that a universal right to equal freedom, which in Steiner’s view means also a universal right to maximal freedom, implies a universal right to self-ownership and to an egalitarian share of the world’s natural resources. In this article, I argue that this argument fails on Steiner’s own terms. I argue that, on Steiner’s conceptions (...)
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  • Freedom, liberty, and property.Jonathan Wolff - 1997 - Critical Review: A Journal of Politics and Society 11 (3):345-357.
    If one values freedom, what sort of regime of property should one favor: libertarianism, socialism, or something else again? Debate on this topic has been hampered by a failure to distinguish freedom and liberty, which are both of great value, but can come into conflict. Furthermore there are many similar concepts—distinct from both liberty and freedom, yet each representing something we rightly value—which may also come into conflict with each other and with freedom and liberty. Consequently the question posed above (...)
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  • (1 other version)The freedom of collective agents.Frank Hindriks - 2007 - Journal of Political Philosophy 16 (2):165–183.
    Corporate freedom is the freedom of a collective agent to perform a joint action. According to a reductive account, a collective or corporate agent is free exactly if the individuals who constitute the corporate agent are free. It is argued that individual freedoms are neither necessary nor sufficient for corporate freedom. The alternative account proposed here focuses on the performance of the joint action by the corporate agent itself. Subsequently, the analysis is applied to Cohen’s (1983) analysis of proletarian freedom. (...)
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  • The Ethics of Biosurveillance.S. K. Devitt, P. W. J. Baxter & G. Hamilton - 2019 - Journal of Agricultural and Environmental Ethics 32 (5):709-740.
    Governments must keep agricultural systems free of pests that threaten agricultural production and international trade. Biosecurity surveillance already makes use of a wide range of technologies, such as insect traps and lures, geographic information systems, and diagnostic biochemical tests. The rise of cheap and usable surveillance technologies such as remotely piloted aircraft systems presents value conflicts not addressed in international biosurveillance guidelines. The costs of keeping agriculture pest-free include privacy violations and reduced autonomy for farmers. We argue that physical and (...)
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  • Privacy, Control, and Talk of Rights: R. G. FREY.R. G. Frey - 2000 - Social Philosophy and Policy 17 (2):45-67.
    An alleged moral right to informational privacy assumes that we should have control over information about ourselves. What is the philosophical justification for this control? I think that one prevalent answer to this question—an answer that has to do with the justification of negative rights generally—will not do.
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  • Global Distributive Justice: An Egalitarian Perspective.Cécile Fabre - 2005 - Canadian Journal of Philosophy 35 (sup1):139-164.
    A good deal of political theory over the last fifteen years or so has been shaped by the realization that one cannot, and ought not, consider the distribution of resources within a country in isolation from the distribution of resources between countries. Thus, thinkers such as Charles Beitz and Thomas Pogge advocate extensive global distributive policies; others, such as Charles Jones and David Miller, explicitly reject the view that egalitarian principles of justice should apply globally and claim that national communities (...)
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  • (1 other version)On Future Generations’ Future Rights.Gosseries Axel - 2008 - Journal of Political Philosophy 16 (4):446-474.
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  • L'interprétation du principe de la propriété de soi au sein du libertarisme de gauche.Peter Dietsch - 2008 - Dialogue 47 (1):65-.
    RÉSUMÉ: La notion de propriété de soi présuppose la définition des droits de propriété sur les ressources externes que le libertarisme de gauche limite habituellement aux ressources naturelles. Or, dans une économie spécialisée, la propriété de soi doitégalement être complétée par une définition des droits de propriété sur le surplus coopératif. S'il est cohérent, pour un libertarien de gauche, de considérer le surplus coopératif comme ressource externe et de le distribuer d'une manière égale, on doit en outre observer qu'une théorie (...)
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  • Just inheritance taxation.Jørgen Pedersen - 2018 - Philosophy Compass 13 (4):e12491.
    This article provides a survey of key topics on just inheritance taxation. It does so by first presenting the main arguments in the debate. Here, I distinguish between arguments in the academic literature and the various arguments which have proven important in the public debate. Secondly, I outline four influential proposals when it comes to how inheritance should be taxed. Finally, I examine a recent controversy and point towards a number of themes that have not been sufficiently discussed.
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  • The Possibility of Contractual Slavery.Danny Frederick - 2016 - Philosophical Quarterly 66 (262):47-64.
    In contrast to eminent historical philosophers, almost all contemporary philosophers maintain that slavery is impermissible. In the enthusiasm of the Enlightenment, a number of arguments gained currency which were intended to show that contractual slavery is not merely impermissible but impossible. Those arguments are influential today in moral, legal and political philosophy, even in discussions that go beyond the issue of contractual slavery. I explain what slavery is, giving historical and other illustrations. I examine the arguments for the impossibility of (...)
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  • G. A. Cohen on self‐ownership, property, and equality.Tom G. Palmer - 1998 - Critical Review: A Journal of Politics and Society 12 (3):225-251.
    G.A. Cohen has produced an influential criticism of libertarian‐ism that posits joint ownership of everything in the world other than labor, with each joint owner having a veto right over any potential use of the world. According to Cohen, in that world rationality would require that wealth be divided equally, with no differential accorded to talent, ability, or effort. A closer examination shows that Cohen's argument rests on two central errors of reasoning and does not support his egalitarian conclusions, even (...)
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  • A Further Defence of the Right Not to Vote.Ben Saunders - 2018 - Res Publica 24 (1):93-108.
    Opponents of compulsory voting often allege that it violates a ‘right not to vote’. This paper seeks to clarify and defend such a right against its critics. First, I propose that this right must be understood as a Hohfeldian claim against being compelled to vote, rather than as a mere privilege to abstain. So construed, the right not to vote is compatible with a duty to vote, so arguments for a duty to vote do not refute the existence of such (...)
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  • (1 other version)Equality of opportunity and the precarization of labour markets.Simon Birnbaum - 2017 - European Journal of Political Theory 20 (2):187-207.
    How can we equalize opportunities while respecting people’s freedom? According to a view that I call libertarian resourcism, people’s fair shares of resources should normally take the form of uncon...
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  • Between Insensitivity and Incompleteness: Against the Will Theory of Rights.Nicholas Vrousalis - 2010 - Res Publica 16 (4):415-423.
    This paper recasts an old objection to the will theory in the light of recent attempts to defend that theory, notably by Nigel Simmonds and Hillel Steiner. It enlists the idea of duties of care—effectively restrictions over legal officials’ discretionary exercise of powers—to form a dilemma for such theorists: either legal officials’ discretion over powers is restricted by duties of care for the unempowerable, or it is not. If their discretion is unrestricted, then the will theory is insensitive to the (...)
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  • Risk imposition and freedom.Maria P. Ferretti - 2016 - Politics, Philosophy and Economics 15 (3):261-279.
    Various authors hold that what is wrong with risk imposition is that being at risk diminishes the opportunities available to an agent. Arguably, even when risk does not result in material or psychological damages, it still represents a setback in terms of some legitimate interests. However, it remains to be specified what those interests are. This article argues that risk imposition represents a diminishment of overall freedom. Freedom will be characterized in empirical terms, as the range of unimpeded actions available (...)
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  • Self-ownership and non-culpable proviso violations.Preston J. Werner - 2015 - Politics, Philosophy and Economics 14 (1):67-83.
    Left and right libertarians alike are attracted to the thesis of self-ownership because, as Eric Mack says, they ‘believe that it best captures our common perception of the moral inviolability of persons’. Further, most libertarians, left and right, accept that some version of the Lockean Proviso restricts agents’ ability to acquire worldly resources. The inviolability of SO purports to make libertarianism more appealing than its egalitarian counterparts, since traditional egalitarian theories cannot straightforwardly explain why, e.g. forced organ donation and forced (...)
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  • Non-domination and pure negative liberty.Michael David Harbour - 2011 - Politics, Philosophy and Economics 11 (2):186-205.
    The central insights of Philip Pettit’s republican account of liberty are that (1) freedom consists in the absence of domination and (2) non-domination is not reducible to what is commonly called ‘negative liberty’. Recently, however, Matthew Kramer and Ian Carter have questioned whether the harms identified by Pettit under the banner of domination are not equally well accounted for by what they call the ‘pure negative’ view. In this article, first I argue that Pettit’s response to their criticism is problematic (...)
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  • Is there a human right to free movement? Immigration and original ownership of the earth.Michael Blake & Mathias Risse - 2009 - Notre Dame Journal of Law, Ethics and Public Policy 23 (1):166.
    1. Among the most striking features of the political arrangements on this planet is its division into sovereign states.1 To be sure, in recent times, globalization has woven together the fates of communities and individuals in distant parts of the world in complex ways. It is partly for this reason that now hardly anyone champions a notion of sovereignty that would entirely discount a state’s liability the effects that its actions would have on foreign nationals. Still, state sovereignty persists as (...)
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  • Resources outside of the state: Governing the ocean and beyond.Chris Armstrong - 2018 - Philosophy Compass 13 (11):e12545.
    A number of hugely valuable natural resources fall outside of the borders of any nation state. We can legitimately expect political theory to make a contribution to thinking through questions about the future of these extraterritorial resources. However, the debate on the proper allocation of rights over these resources remains relatively embryonic. This paper will bring together what have often been rather scattered discussions of rights over extraterritorial resources. It will first sketch some early modern contributions to thinking through rights (...)
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  • Republican freedom, rights, and the coalition problem.Keith Dowding - 2011 - Politics, Philosophy and Economics 10 (3):301-322.
    Republican freedom is freedom from domination juxtaposed to negative freedom as freedom from interference. Proponents argue that republican freedom is superior since it highlights that individuals lose freedoms even when they are not subject to interference, and claim republican freedom is more ‘resilient’. Republican freedom is trivalent, that is, it includes the idea that someone might be non-free to perform some actions rather than unfree, and in that sense everyone regards republican freedom as different from negative freedom. Trivalence makes republican (...)
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  • El igualitarismo de la suerte, Kant y la injusticia de tolerar la pobreza en el mundo.Asier Erdozain - 2018 - Isegoría 58:77-103.
    This paper aims to offer a plausible and renewed defence of the axioms of the already well-known account of political philosophy ‘luck egalitarianism’. By finding certain support not only in the Kantian moral programme but also in widely accepted intuitions of our time, it is contended that luck egalitarianism possesses sufficient justification to become an ethical guide at the global level, revealing plausibly the existence of a compelling positive moral duty to terminate global poverty and denouncing its toleration as nothing (...)
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  • The new politics of property rights.Aviezer Tucker, Alba Maria Ruibal, Jack Cahill & Farrah Brown - 2004 - Critical Review: A Journal of Politics and Society 16 (4):377-403.
    Philosophical defenses of property regimes can be classified as supporting either a conservative politics of property rights—the political protection of existing property titles—or a radical politics of direct political intervention to redistribute property titles. Traditionally, historical considerations were used to legitimize conservative property‐rights politics, while consequentialist arguments led to radical politics. Recently, however, the philosophical legitimations have changed places. Conservatives now point to the beneficial economic consequences of something like the current private‐property regime, while radicals justify political redistribution as restitution (...)
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  • Overall Freedom Measurement and Evaluation: a Defence of the Partly Evaluative Approach to Freedom Measurement.Ronen Shnayderman - 2019 - Ethical Theory and Moral Practice 22 (3):715-729.
    Freedom is one of the most important moral and political ideals. Questions concerning degrees of overall freedom are therefore of the utmost moral and political concern. To answer these questions we need to know how to measure degrees of overall freedom. This paper offers a novel defence of the partly evaluative approach to freedom measurement against a recent critique of it. According to the partly evaluative approach, the question of how free one is depends partly on the specific value of (...)
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  • Leistungssport und die genetische Lotterie – Die Notwendigkeit stärker differenzierter Wettkampfklassen​.Wündisch Joachim & Benjamin Huppert - 2016 - Zeitschrift für Praktische Philosophie 3 (2):143-176.
    Leistungssportlerinnen, die in populären Sportarten erfolgreich sind, kommen in den Genuss hoher Einkommen und großen sozialen Ansehens. Gleichzeitig ist ihr Erfolg von Voraussetzungen abhängig, die zu einem signifikanten Teil von ihrem Genotyp bestimmt werden. Diesen Sportlern werden also durch gesellschaftliche Prozesse substantielle Vorteile aufgrund von Eigenschaften zuteil, auf deren Vorhandensein sie keinen Einfluss haben. Wir untersuchen, wie wir vor dem Hintergrund verschiedener Gerechtigkeitsvorstellungen mit diesem Phänomen umgehen sollten. Wir argumentieren, dass die konsistente Berücksichtigung von Intuitionen zur gerechten Güterverteilung an Wettkämpferinnen (...)
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  • Global Luck Egalitarianism and Border Control.Kim Angell & Robert Huseby - 2019 - Ratio Juris 32 (2):177-192.
    This paper discusses what implications global luck egalitarianism (GLE) has for border control. Some authors suggest that an open‐borders policy follows from GLE. The idea is that various unchosen inequalities inevitably follow from differences in birthplace, such that GLE will always have principled reason to condemn closed borders. Others are skeptical of the assumption that GLE will have liberal implications for border control, because open borders may have other, adverse effects that outweigh the reductions in unjust inequality. Against such skeptics, (...)
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