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  1. Authority without identity: defending advance directives via posthumous rights over one’s body.Govind Persad - 2019 - Journal of Medical Ethics 45 (4):249-256.
    This paper takes a novel approach to the active bioethical debate over whether advance medical directives have moral authority in dementia cases. Many have assumed that advance directives would lack moral authority if dementia truly produced a complete discontinuity in personal identity, such that the predementia individual is a separate individual from the postdementia individual. I argue that even if dementia were to undermine personal identity, the continuity of the body and the predementia individual’s rights over that body can support (...)
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  • Defending the Democratic Argument for Limitarianism: A Reply to Volacu and Dumitru.Dick Timmer - 2019 - Philosophia 47 (4):1331-1339.
    In this paper, I argue that limitarian policies are a good means to further political equality. Limitarianism, which is a view coined and defended by Robeyns, is a partial view in distributive justice which claims that under non-ideal circumstances it is morally impermissible to be rich. In a recent paper, Volacu and Dumitru level two arguments against Robeyns’ Democratic Argument for limitarianism. The Democratic Argument states that limitarianism is called for given the undermining influence current inequalities in income and wealth (...)
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  • Agency and Inner Freedom.Michael Garnett - 2017 - Noûs 51 (1):3-23.
    This paper concerns the relationship between two questions. The first is a question about inner freedom: What is it to be rendered unfree, not by external obstacles, but by aspects of oneself? The second is a question about agency: What is it to fail at being a thing that genuinely acts, and instead to be a thing that is merely acted upon, passive in relation to its own behaviour? It is widely believed that answers to the first question must rest (...)
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  • The demandingness of Nozick’s ‘Lockean’ proviso.Josh Milburn - 2016 - European Journal of Political Theory 15 (3):276-292.
    Interpreters of Robert Nozick’s political philosophy fall into two broad groups concerning his application of the ‘Lockean proviso’. Some read his argument in an undemanding way: individual instances of ownership which make people worse off than they would have been in a world without any ownership are unjust. Others read the argument in a demanding way: individual instances of ownership which make people worse off than they would have been in a world without that particular ownership are unjust. While I (...)
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  • On Water Drinkers and Magical Springs: Challenging the Lockean Proviso as a Justification for Copyright.Maxime Lambrecht - 2015 - Ratio Juris 28 (4):504-520.
    Does intellectual property satisfy the requirements of the Lockean proviso, that the appropriator leave “enough and as good” or that he at least not “deprive others”? If an author's appropriation of a work he has just created is analogous to a drinker “taking a good draught” in the flow of an inexhaustible river, or to someone magically “causing springs of water to flow in the desert,” how could it not satisfy the Lockean proviso?
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  • In defence of good simpliciter.Rach Cosker-Rowland - 2016 - Philosophical Studies 173 (5):1371-1391.
    Many including Judith Jarvis Thomson, Philippa Foot, Peter Geach, Richard Kraut, and Paul Ziff have argued for good simpliciter skepticism. According to good simpliciter skepticism, we should hold that there is no concept of being good simpliciter or that there is no property of being good simpliciter. I first show that prima facie we should not accept either form of good simpliciter skepticism. I then show that all of the arguments that good simpliciter skeptics have proposed for their view fail (...)
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  • Do Rights Exist by Convention or by Nature?Katharina Nieswandt - 2016 - Topoi 35 (1):313-325.
    I argue that all rights exist by convention. According to my definition, a right exists by convention just in case its justification appeals to the rules of a socially shared pattern of acting. I show that our usual justifications for rights are circular, that a right fulfills my criterion if all possible justifications for it are circular, and that all existing philosophical justifications for rights are circular or fail. We find three non-circular alternatives in the literature, viz. justifications of rights (...)
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  • The Physical Basis of Voluntary Trade.Karl Widerquist - 2010 - Human Rights Review 11 (1):83-103.
    The article discusses the conditions under which can we say that people enter the economic system voluntarily. “The Need for an Exit Option” briefly explains the philosophical argument that voluntary interaction requires an exit option—a reasonable alternative to participation in the projects of others. “The Treatment of Effective Forced Labor in Economic and Political Theory” considers the treatment of effectively forced interaction in economic and political theory. “Human Need” discusses theories of human need to determine the capabilities a person requires (...)
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  • Voting secrecy and the right to justification.Pierre-Etienne Vandamme - 2018 - Constellations 25 (3):388-405.
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  • (1 other version)Persons or Property – Freedom and the Legal Status of Animals.Andreas T. Schmidt - 2017 - Journal of Moral Philosophy 15 (1):20-45.
    _ Source: _Page Count 26 Is freedom a plausible political value for animals? If so, does this imply that animals are owed legal personhood rights or can animals be free but remain human property? Drawing on different conceptions of freedom, I will argue that while positive freedom, libertarian self-ownership, and republican freedom are not plausible political values for animals, liberal ‘option-freedom’ is. However, because such option-freedom is in principle compatible with different legal statuses, animal freedom does not conceptually imply a (...)
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  • Self-ownership and disgust: why compulsory body part redistribution gets under our skin.Christopher Freiman & Adam Lerner - 2015 - Philosophical Studies 172 (12):3167-3190.
    The self-ownership thesis asserts, roughly, that agents own their minds and bodies in the same way that they can own extra-personal property. One common strategy for defending the self-ownership thesis is to show that it accords with our intuitions about the wrongness of various acts involving the expropriation of body parts. We challenge this line of defense. We argue that disgust explains our resistance to these sorts of cases and present results from an original psychological experiment in support of this (...)
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  • Hayek and Liberty.Andrew Gamble - 2013 - Critical Review: A Journal of Politics and Society 25 (3-4):342-363.
    Hayek's political theory is directed against coercion, which he defines as the intentional control of one person by another. The element of personal intention ensures a clear conceptual distinction between the freedom from coercion—i.e., the “liberty”—that is exercised in the private sphere, and the freedom of choice and opportunity that may be severely constrained by the impersonal, unintentional operation of market forces. Hayek's narrow definitions of coercion and liberty therefore suggest that he was more intent on defending the benefits conferred (...)
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  • Framing, reciprocity and the grounds of egalitarian justice.Gabriel Wollner - 2010 - Res Publica 16 (3):281-298.
    John Rawls famously claims that ‘justice is the first virtue of social institutions’. On one of its readings, this remark seems to suggest that social institutions are essential for obligations of justice to arise. The spirit of this interpretation has recently sparked a new debate about the grounds of justice. What are the conditions that generate principles of distributive justice? I am interested in a specific version of this question. What conditions generate egalitarian principles of distributive justice and give rise (...)
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  • Is Market Society Intrinsically Repugnant?Jason Brennan - 2013 - Journal of Business Ethics 112 (2):271-281.
    In Why Not Socialism ?, G. A. Cohen argues that market society and capitalism are intrinsically repugnant. He asks us to imagine an ideal camping trip, which becomes increasing repugnant as it shifts from living by socialist to capitalist principles. In this paper, I expose the limits of this style of argument by making a parallel argument, which shows how an ideal anarchist camping trip becomes increasingly repugnant as the campsite turns from anarchism to democracy. When we see why this (...)
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  • Community, Public Health and Resource Allocation.T. M. Wilkinson - 2010 - Public Health Ethics 3 (3):267-271.
    If ‘community’ is the answer, what is the problem? While questions undoubtedly arise in allocating resources to public health, such as ‘how much?’ and ‘to whom?’, we already have answers based on (i) the observation that disease and illness are bad, (ii) views of justice and fairness and (iii) an appreciation of market failure. What does the concept of community add to the existing answers? Not nothing, I shall argue, but not much either. In some cases, health providers should take (...)
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  • Exploitation as Domination: A Response to Arneson.Nicholas Vrousalis - 2016 - Southern Journal of Philosophy 54 (4):527-538.
    In a recent paper in this journal, Richard Arneson criticizes the domination account of exploitation and attributes it to me and Allen Wood. In this paper, I defend the domination account against Arneson's criticisms. I begin by showing that the domination view is distinct from the vulnerability-based view defended by Wood. I also show that Alan Wertheimer's influential account of exploitation is congenial to the domination view. I then argue that Arneson's own fairness-based view of exploitation generates false negatives and (...)
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  • The “Mirage” of Social Justice: Hayek Against (and For) Rawls.Andrew Lister - 2013 - Critical Review: A Journal of Politics and Society 25 (3-4):409-444.
    There is an odd proximity between Hayek, hero of the libertarian right, and Rawls, theorist of social justice, because, at the level of principle, Hayek was in some important respects a Rawlsian. Although Hayek said that the idea of social justice was nonsense, he argued against only a particular principle of social justice, one that Rawls too rejected, namely distribution according to individual merit. Any attempt to make reward and merit coincide, Hayek argued, would undermine the market's price system, leaving (...)
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  • Kierkegaard's Ethics of Agape, the Secularization of the Public Square, and Bioethics.Aaron E. Hinkley - 2011 - Christian Bioethics 17 (1):54-63.
    Next SectionBecause of the radically incarnational nature of the Christian understanding of ethics and bioethics, according to Kierkegaard, there has always been an infinite gulf between Christian bioethics and secular bioethics. However, the process of the secularization of the public square has made this gulf more apparent and salient for the current ethical debates in biomedicine and the culture more generally.
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  • The Basic Structure of the Institutional Imagination.James Gledhill - 2014 - Journal of Social Philosophy 45 (2):270-290.
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  • Democratic Agency and the Market Machine.Bernard Hodgson - 2012 - Journal of Business Ethics 108 (1):3-14.
    The alliance of pure market economies with democratic polities has traditionally been a problematic one. It is argued that orthodox theoretical conceptualizations of market behaviour and the application of such theory to our communal lives have entrenched an incoherent alliance. In particular, the reductive mechanism characteristic of both neo-classical economic theory and its deployment in our socio-economic order has severely undermined the telic agency required for the autonomy or self-rule definitive of an authentic democratic order. Such reduction is observed to (...)
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  • Towards a More Particularist View of Rights’ Stringency.Benedict Rumbold - 2019 - Res Publica 25 (2):211-233.
    For all their various disagreements, one point upon which rights theorists often agree is that it is simply part of the nature of rights that they tend to override, outweigh or exclude competing considerations in moral reasoning, that they have ‘peremptory force’, making ‘powerful demands’ that can only be overridden in ‘exceptional circumstances’, Philosophical Foundations of Human Rights, Oxford University Press, Oxford, 2016, p. 240). In this article I challenge this thought. My aim here is not to prove that the (...)
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  • A Coasian Solution to Problems of Initial Acquisitions.Mats Ekman - 2017 - Erasmus Journal for Philosophy and Economics 10 (2):45-60.
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  • G. A. Cohen’s Vision of Socialism.Nicholas Vrousalis - 2010 - The Journal of Ethics 14 (3):185-216.
    This essay is an attempt to piece together the elements of G. A. Cohen’s thought on the theory of socialism during his long intellectual voyage from Marxism to political philosophy. It begins from his theory of the maldistribution of freedom under capitalism, moves onto his critique of libertarian property rights, to his diagnosis of the “deep inegalitarian” structure of John Rawls’ theory and concludes with his rejection of the “cheap” fraternity promulgated by liberal egalitarianism. The paper’s exegetical contention is that (...)
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  • Some advantages of one form of argument for the maximin principle.Mark van Roojen - 2008 - Acta Analytica 23 (4):319-335.
    This paper presents a non-consequentialist defense of Rawls’s general conception of justice requiring that primary social goods be distributed so that the least share is as great as possible. It suggests that a defense of this idea can be offered within a Rossian framework of prima facie duties. The prima facie duty not to harm constrains people from supporting social institutions which do not leave their fellows with goods and resources above a certain threshold. The paper argues that societies in (...)
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