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A Right to Violate One's Duty

Law and Philosophy 21 (4-5):355-384 (2002)

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  1. Actions, Agents, and Consequences.Re’em Segev - 2023 - Criminal Justice Ethics 42 (2):99-132.
    According to an appealing and common view, the moral status of an action – whether it is wrong, for example – is sometimes important in itself in terms of the moral status of other actions – especially those that respond to the original action. This view is especially influential with respect to the criminal law. It is accepted not only by legal moralists but also by adherents of the harm principle, for example. In this paper, I argue against this view. (...)
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  • A Moral Defense of Prostitution.Rob Lovering - 2021 - New York: Palgrave Macmillan.
    Is prostitution immoral? In this book, Rob Lovering argues that it is not. Offering a careful and thorough critique of the many―twenty, to be exact―arguments for prostitution's immorality, Lovering leaves no claim unchallenged. Drawing on the relevant literature along with his own creative thinking, Lovering offers a clear and reasoned moral defense of the world's oldest profession. Lovering demonstrates convincingly, on both consequentialist and nonconsequentialist grounds, that there is nothing immoral about prostitution between consenting adults. The legal implications of this (...)
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  • Democratic legitimacy, political speech and viewpoint neutrality.Kristian Skagen Ekeli - 2021 - Philosophy and Social Criticism 47 (6):723-752.
    The purpose of this article is to consider the question of whether democratic legitimacy requires viewpoint neutrality with regard to political speech – including extremist political speech, such as hate speech. The starting point of my discussion is Jeremy Waldron’s negative answer to this question. He argues that it is permissible for liberal democracies to ban certain extremist viewpoints – such as vituperative hate speech – because such viewpoint-based restrictions protect the dignity of persons and a social and moral environment (...)
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  • Revisiting the Right to Do Wrong.Renee Jorgensen Bolinger - 2017 - Australasian Journal of Philosophy 95 (1):43-57.
    Rights to do wrong are not necessary even within the framework of interest-based rights aimed at preserving autonomy. Agents can make morally significant choices and develop their moral character without a right to do wrong, so long as we allow that there can be moral variation within the set of actions that an agent is permitted to perform. Agents can also engage in non-trivial self-constitution in choosing between morally indifferent options, so long as there is adequate non-moral variation among the (...)
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  • Desert and Avoidability in Self-Defense.John Gardner & François Tanguay-Renaud - 2011 - Ethics 122 (1):111-134.
    Jeff McMahan rejects the relevance of desert to the morality of self-defense. In Killing in War he restates his rejection and adds to his reasons. We argue that the reasons are not decisive and that the rejection calls for further attention, which we provide. Although we end up agreeing with McMahan that the limits of morally acceptable self-defense are not determined by anyone’s deserts, we try to show that deserts may have some subsidiary roles in the morality of self-defense. We (...)
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  • The Limits of Tolerance: A Substantive-Liberal Perspective.Yossi Nehushtan - 2007 - Ratio Juris 20 (2):230-257.
    In this paper I explore the concept of tolerance and suggest a description of that concept that could be accepted regardless of the political theory one supports. Since a neutral perception of the limits of tolerance is impossible, this paper offers a guideline for a substantive-liberal or a perfectionist-liberal approach to it. The limits of tolerance are described through the principles of reciprocity and proportionality. The former explains why intolerance should not be tolerated whereas the latter prescribes how and to (...)
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