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  1. Human Rights as Rights.Rowan Cruft - unknown
    This essay makes three suggestions: first, that it is attractive to conceive individualistic justification as one of the hallmarks - maybe even the one hallmark - of human rights; secondly, that combining this conception of human rights with standard worries about socioeconomic rights can tempt one to take the phrase "human rights" to refer to any individualistically justified weighty normative consideration (including considerations that are not rights); and thirdly, that reflections on the individuation of rights and rights' dynamic quality give (...)
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  • Could There Be a Right to Own Intellectual Property?James Wilson - 2009 - Law and Philosophy 28 (4):393 - 427.
    Intellectual property typically involves claims of ownership of types, rather than particulars. In this article I argue that this difference in ontology makes an important moral difference. In particular I argue that there cannot be an intrinsic moral right to own intellectual property. I begin by establishing a necessary condition for the justification of intrinsic moral rights claims, which I call the Rights Justification Principle. Briefly, this holds that if we want to claim that there is an intrinsic moral right (...)
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  • Do Property Rights Presuppose Scarcity?David Faraci - 2014 - Journal of Business Ethics 125 (3):531-537.
    There is a common view, dating back at least to Hume, that property rights presuppose scarcity. This paper is a critical examination of that thesis. In addition to questioning the thesis, the paper highlights the need to divorce the debate over this thesis from the debate over Intellectual Property (IP) rights (the area where it is most frequently applied). I begin by laying out the thesis’ major line of defense. In brief, the argument is that (1) property rights are legitimate (...)
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  • Why Aren't Duties Rights&Quest.Rowan Cruft - 2006 - Philosophical Quarterly 56 (223):175-192.
    I do not answer my title’s question in this paper. Instead, my aims are first to show that the question is worth asking, secondly to show that its answer will not be trivial, and thirdly to show that it is unclear what the answer is. From these three conclusions it follows that many contemporary Hohfeldian approaches to the conceptual analysis of rights (including those of Sumner, Jones, Kramer, Wenar and myself)1, while potentially capable of extensional accuracy, overlook an essential but (...)
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  • XI—Why is It Disrespectful to Violate Rights?Rowan Cruft - 2013 - Proceedings of the Aristotelian Society 113 (2pt2):201-224.
    ABSTRACTViolating a person's rights is disrespectful to that person. This is because it is disrespectful to someone to violate duties owed to that person. I call these ‘directed duties’; they are the flipside of rights. The aim of this paper is to consider why directed duties and respect are linked, and to highlight a puzzle about this linkage, a puzzle arising from the fact that many directed duties are justified independently of whether they do anything for those to whom they (...)
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  • Human Rights, Individualism and Cultural Diversity.Rowan Cruft - 2005 - Critical Review of International Social and Political Philosophy 8 (3):265-287.
    Abstract Two features of human?rights discourse are often targeted for criticism: its universalism and its individualism. Both features, it is usually claimed, illegitimately overlook the significance of cultural diversity. In this essay I argue that individualism is incompatible with universalism and compatible with cultural diversity. Thus I defend the view that human rights are individualistically justified, and I argue that it follows from this that human rights are in an important sense non?universal. I go on to show how my non?universalist (...)
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