Switch to: References

Citations of:

Taking rights seriously

London: Duckworth (1977)

Add citations

You must login to add citations.
  1. Autonomy in Bioethics.Katerina Deligiorgi - 2016 - Symposion: Theoretical and Applied Inquiries in Philosophy and Social Sciences 3 (2): 177-190.
    Autonomy in bioethics is coming under sustained criticism from a variety of perspectives. The criticisms, which target personal or individual autonomy, are largely justified. Moral conceptions of autonomy, such as Kant’s, on the other hand, cannot simply be applied in bioethical situations without moralizing care provision and recipience. The discussion concludes with a proposal for re-thinking autonomy by focusing on what different agents count as reasons for choosing one rather than another course of action, thus recognising their involvement in the (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  • Schopenhauer on the Rights of Animals.Stephen Puryear - 2017 - European Journal of Philosophy 25 (2):250-269.
    I argue that Schopenhauer’s ascription of (moral) rights to animals flows naturally from his distinctive analysis of the concept of a right. In contrast to those who regard rights as fundamental and then cast wrongdoing as a matter of violating rights, he takes wrong (Unrecht) to be the more fundamental notion and defines the concept of a right (Recht) in its terms. He then offers an account of wrongdoing which makes it plausible to suppose that at least many animals can (...)
    Download  
     
    Export citation  
     
    Bookmark   5 citations  
  • Anti-Homosexual and Gay: Rereading Sartre.Christine Pierce - 2007 - Hypatia 22 (1):10-23.
    Jean-Paul Sartre's questions about anti-Semitism in Anti-Semite and Jew are ones we should want asked about heteronormativity—what causes it, what sustains it, why is so little being done about it, what should be done. Although the parallels between anti-Semitism and heteronormativity are not exact, relevant Sartrian ideas include nationalism, choosing to reason falsely, living in the future, and authenticity. Foremost is Sartre's claim that bigotry is not about ideas but a certain type of personality.
    Download  
     
    Export citation  
     
    Bookmark  
  • The “Disparate Impact” Argument Reconsidered: Making Room for Justice in the Assisted Suicide Debate.Carl H. Coleman - 2002 - Journal of Law, Medicine and Ethics 30 (1):17-23.
    In “Should We Impose Quotas? Evaluating the ‘Disparate Impact’ Argument Against Legalization of Assisted Suicide,” Ronald Lindsay argues that it should make no difference to the debate over legalizing assisted suicide whether the risks associated with legalization would fall disproportionately on the poor, people with disabilities, racial minorities, or any other especially vulnerable social group. Even assuming such an inequitable distribution of risks would occur, he maintains, attempting to avoid such an outcome is not a good reason to deny assisted (...)
    Download  
     
    Export citation  
     
    Bookmark   5 citations  
  • Rights to Specialized Health Care in Norway: A Normative Perspective.Ole Frithjof Norheim - 2005 - Journal of Law, Medicine and Ethics 33 (4):641-649.
    Is it possible to use the courts - or rights instruments - to advance fair access to health care? This article examines this question within the context of the Norwegian public health care system - one special example of the Scandinavian welfare system. In particular, it asks four basic questions: What are the normative justifications for rights to health care? What were the political processes and concerns leading up to the current Patients Rights Act in Norway? What kind of legal (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  • The Social License to Operate.Geert Demuijnck & Björn Fasterling - 2016 - Journal of Business Ethics 136 (4):675-685.
    This article proposes a way to zoom in on the concept of the social license to operate from the broader normative perspective of contractarianism. An SLO can be defined as a contractarian basis for the legitimacy of a company’s specific activity or project. “SLO”, as a fashionable expression, has its origins in business practice. From a normative viewpoint, the concept is closely related to social contract theory, and, as such, it has a political dimension. After outlining the contractarian normative background (...)
    Download  
     
    Export citation  
     
    Bookmark   14 citations  
  • Appraising Justice as Larger Loyalty.David Rondel - 2015 - Contemporary Pragmatism 12 (2):302-316.
    This paper critically examines Richard Rorty’s “justice as larger loyalty” proposal. While Rorty is right, I argue, to reject the Kantian idea of a strict bifurcation between justice and loyalty, the former corresponding to reason the latter corresponding to sentiment, my argument is that it is nevertheless a mistake to follow Rorty in conceiving of justice as he recommends we should. This is not an endorsement of the rationalistic Kantian view Rorty rejects. Rather, I argue that there are compelling Rortyan (...)
    Download  
     
    Export citation  
     
    Bookmark  
  • Can Youth Quotas Help Avoid Future Disasters?Ivo Https://Orcidorg Wallimann-Helmer - 2015 - In . pp. 57-75.
    In this paper I argue for the following conclusions. First, quotas are not normative goals in themselves but only a means to reach non-discriminatory selection procedures. Second, in a democracy quotas are most plausibly used as a means to fill offices in those bodies which have a major impact on how well interests or discourses are translated into policy. Third, quotas for the young can be justified since, due to demographic development, their discourses tend to be marginalized. Fourth, youth quotas (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  • Intellectual Trespassing as a Way of Life: Essays in Philosophy, Economics, and Mathematics.David P. Ellerman - 1995 - Rowman & Littlefield Publishers.
    Dramatic changes or revolutions in a field of science are often made by outsiders or 'trespassers,' who are not limited by the established, 'expert' approaches. Each essay in this diverse collection shows the fruits of intellectual trespassing and poaching among fields such as economics, Kantian ethics, Platonic philosophy, category theory, double-entry accounting, arbitrage, algebraic logic, series-parallel duality, and financial arithmetic.
    Download  
     
    Export citation  
     
    Bookmark   11 citations  
  • The Social Benefits of Protecting Hate Speech and Exposing Sources of Prejudice.Marcus Schulzke - 2016 - Res Publica 22 (2):225-242.
    I argue that there are strong consequentialist grounds for thinking that hate speech should be legally protected. The protection of hate speech allows those who are hateful to make their beliefs public, thereby exposing prejudices that might otherwise be suppressed to evaluation by other members of society. This greater transparency about prejudices has two social benefits. First, it facilitates social trust by making it easier to discover who holds beliefs that should exclude them from positions of authority, responsibility, and influence. (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  • Situated legal systems and their operational semantics.Antônio Carlos da Rocha Costa - 2015 - Artificial Intelligence and Law 23 (1):43-102.
    This work adopts H. Kelsen’s concept of legal system, proposes a formal definition for such notion, and introduces an operational semantical framework for legal systems that are situated in agent societies. Agent societies are defined. Relevant formal properties of situated legal systems are discussed; the way they are exposed in the operational semantical framework is explained, and their truth formally proved. Also, for the sake of a better understanding of the legal-theoretic assumptions of the paper, recurring issues regarding Kelsen’s theory (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  • Prostitution, disability and prohibition.Frej Klem Thomsen - 2015 - Journal of Medical Ethics 41 (6):451-459.
    Criminalisation of prostitution, and minority rights for disabled persons, are important contemporary political issues. The article examines their intersection by analysing the conditions and arguments for making a legal exception for disabled persons to a general prohibition against purchasing sexual services. It explores the badness of prostitution, focusing on and discussing the argument that prostitution harms prostitutes, considers forms of regulation and the arguments for and against with emphasis on a liberty-based objection to prohibition, and finally presents and analyses three (...)
    Download  
     
    Export citation  
     
    Bookmark   7 citations  
  • Revealing the multiculturalist's illusion: a liberal critique.Carole Baillie - unknown
    Multiculturalism has become a hot topic in political philosophy. This thesis investigates the philosophical foundations of multicultural theories through examining the key concepts commonly relied upon. A careful examination of each concept and the way in which they are interconnected, reveals an interesting strategy that the multiculturalist employs. It is my contention that the multiculturalist relies on a complex web of nebulous concepts which fools the reader into thinking that their theory rests on strong foundations. However, when we clear away (...)
    Download  
     
    Export citation  
     
    Bookmark  
  • On the Justifiability of ACMG Recommendations for Reporting of Incidental Findings in Clinical Exome and Genome Sequencing.Thomas May - 2015 - Journal of Law, Medicine and Ethics 43 (1):134-142.
    This paper examines three possible justifications for original ACMG recommendations to return incidental findings from whole exome or genome sequencing independent of patient preferences. The first two potential justifications, based on a patient's authentic values, then on harms to others, are founding lacking as a basis of justification for these recommendations. The third, grounded in analogous professional practices, might serve as a potential justification if several controversies can be avoided. However, given the nature of these controversies and the need to (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  • Commentary on: Sheldon Wein's "Exploring the virtues of zero tolerance arguments".Marcin Lewiński - unknown
    Download  
     
    Export citation  
     
    Bookmark  
  • The re-enchantment of the world: McDowell, Scruton and Heidegger.George Reynolds - unknown
    In a recent discussion of disenchantment and re-enchantment Charles Taylor suggests that it is possible to respond to the disenchanted view of the world, in which meaning and value are understood as subjective projections, by articulating a re-enchanted sense of nature or the universe from the perspective of human ‘agency-in-the-world’, in which meaning and value are objective. The question I address in this thesis is, what could it mean to articulate a re-enchantment from within our ‘agency-in-the-world’? In Chapter One I (...)
    Download  
     
    Export citation  
     
    Bookmark  
  • The criminalization of money laundering and terrorism in global contexts: a hybrid solution.J. B. Delston - 2014 - Journal of Global Ethics 10 (3):326-338.
    What obligations do global actors have to prevent terrorism? Is consent required to create an international obligation, or does the correctness of its goals ground its legitimacy? In this paper, I consider these questions with respect to a subset of international law often overlooked: anti-money laundering and combating the financing of terrorism . AML/CFT comprises peaceful response to violence and terrorism, making it a significant component of international justice and diplomacy. First, I present the current legal framework for AML/CFT institutions (...)
    Download  
     
    Export citation  
     
    Bookmark  
  • A Human Rights Debate on Physical Security, Political Liberty, and the Confucian Tradition.Benedict S. B. Chan - 2014 - Dao: A Journal of Comparative Philosophy 13 (4):567-588.
    There are many East and West debates on human rights. One of them is whether all civil and political rights are human rights. On one hand, scholars generally agree that rights to physical security are human rights. On the other hand, some scholars argue that rights to political liberty are only Western rights but not human rights because political liberty conflicts with some East Asian cultural factors, especially the Confucian tradition. I argue that physical security also conflicts with some parts (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  • Against ‘Saving Lives’: Equal Concern and Differential Impact.Richard Yetter Chappell - 2016 - Bioethics 30 (3):159-164.
    Bioethicists often present ‘saving lives’ as a goal distinct from, and competing with, that of extending lives by as much as possible. I argue that this usage of the term is misleading, and provides unwarranted rhetorical support for neglecting the magnitudes of the harms and benefits at stake in medical allocation decisions, often to the detriment of the young. Equal concern for all persons requires weighting equal interests equally, but not all individuals have an equal interest in ‘life-saving’ treatment.
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  • (1 other version)Respect.Robin S. Dillon - 2018 - Stanford Encyclopedia of Philosophy.
    Download  
     
    Export citation  
     
    Bookmark   45 citations  
  • Justice for Children: Autonomy Development and the State.Harry Adams - 2008 - State University of New York Press.
    Download  
     
    Export citation  
     
    Bookmark   6 citations  
  • Sharing the responsibility of dealing with climate change: Interpreting the principle of common but differentiated responsibilities.Dan Weijers, David Eng & Ramon Das - 2010 - In Jonathan Boston, Andrew Bradstock & David L. Eng (eds.), Public policy: why ethics matters. Acton, A.C.T.: ANUE Press. pp. 141-158.
    In this chapter we first discuss the main principles of justice and note the standard objections to them, which we believe necessitate a hybrid approach. The hybrid account we defend is primarily based on the distributive principle of sufficientarianism, which we interpret as the idea that each country should have the means to provide a minimally decent quality of life for each of its citizens. We argue that sufficientarian considerations give good reason to think that what we call the ‘ability (...)
    Download  
     
    Export citation  
     
    Bookmark  
  • Multicultural health care: reconciling universalism and particularism.Jeff Fuller - 1997 - Nursing Inquiry 4 (3):153-159.
    Download  
     
    Export citation  
     
    Bookmark  
  • (1 other version)Applied ethics - Perspectives from Romania.Shunzo Majima & Valentin Muresan (eds.) - 2013 - Center for Applied Ethics and Philosophy, Hokkaido University.
    The volume Applied Ethics. Perspectives from Romania is the first contribution that aims at showing to the Japanese reader a sample of contemporary philosophy in Romania. At the same time a volume of contemporary Japanese philosophy is translated into Romanian and will be published by the University of Bucharest Press. -/- Applied Ethics. Perspectives from Romania includes several original articles in applied ethics and theoretical moral philosophy. It is representative of the variety of research and the growing interest in applied (...)
    Download  
     
    Export citation  
     
    Bookmark  
  • Don't Ask, Look! Linguistic Corpora as a Tool for Conceptual Analysis.Roland Bluhm - 2013 - In Miguel Hoeltje, Thomas Spitzley & Wolfgang Spohn (eds.), Was dürfen wir glauben? Was sollen wir tun? Sektionsbeiträge des achten internationalen Kongresses der Gesellschaft für Analytische Philosophie e.V. DuEPublico. pp. 7-15.
    Ordinary Language Philosophy has largely fallen out of favour, and with it the belief in the primary importance of analyses of ordinary language for philosophical purposes. Still, in their various endeavours, philosophers not only from analytic but also from other backgrounds refer to the use and meaning of terms of interest in ordinary parlance. In doing so, they most commonly appeal to their own linguistic intuitions. Often, the appeal to individual intuitions is supplemented by reference to dictionaries. In recent times, (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  • The Ethics of Enhanced Interrogations and Torture: A Reappraisal of the Argument.William O'Donohue, Cassandra Snipes, Georgia Dalto, Cyndy Soto, Alexandros Maragakis & Sungjin Im - 2014 - Ethics and Behavior 24 (2):109-125.
    This article critically reviews what is known about the ethical status of psychologists’ putative involvement with enhanced interrogations and torture (EITs). We examine three major normative ethical accounts (utilitarian, deontic, and virtue ethics) of EITs and conclude, contra the American Psychological Association, that reasonable arguments can be made that in certain cases the use of EITs is ethical and even, in certain circumstances, morally obligatory. We suggest that this moral question is complex as it has competing moral values involved, that (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  • Nonconsequentialist decisions.Jonathan Baron - 1994 - Behavioral and Brain Sciences 17 (1):1-10. Translated by Jonathan Baron.
    According to a simple form of consequentialism, we should base decisions on our judgments about their consequences for achieving our goals. Our goals give us reason to endorse consequentialism as a standard of decision making. Alternative standards invariably lead to consequences that are less good in this sense. Yet some people knowingly follow decision rules that violate consequentialism. For example, they prefer harmful omissions to less harmful acts, they favor the status quo over alternatives they would otherwise judge to be (...)
    Download  
     
    Export citation  
     
    Bookmark   68 citations  
  • Justifying Defense Against Non-Responsible Threats and Justified Aggressors: the Liability vs. the Rights-Infringement Account.Uwe Steinhoff - 2016 - Philosophia 44 (1):247-265.
    Even among those who find lethal defense against non-responsible threats, innocent aggressors, or justified aggressors justified even in one to one cases, there is a debate as to what the best explanation of this permissibility is. The contenders in this debate are the liability account, which holds that the non-responsible or justified human targets of the defensive measures are liable to attack, and the justified infringement account, which claims that the targets retain their right not to be attacked but may (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  • The problem of denizenship: a non-domination framework.Meghan Benton - 2014 - Critical Review of International Social and Political Philosophy 17 (1):49-69.
    Download  
     
    Export citation  
     
    Bookmark   19 citations  
  • The Hart‐Fuller Debate.Juan Vega Gomez - 2014 - Philosophy Compass 9 (1):45-53.
    I will center the discussion of the Hart-Fuller debate on the five claims Hart mentions might be understood as legal positivisms main tenets: (1) the command theory; (2) the no necessary connection thesis; (3) the methodological claim; (4) the charge of positivism as formalism and the problem of interpretation; and (5) the meta-ethical confusion. In light of these five claims, I will explore whether the exchange of views between Hart and Fuller in 1957 truly amounted to a debate. Sorting out (...)
    Download  
     
    Export citation  
     
    Bookmark  
  • Kant and Contemporary Ethics.Philip Stratton-Lake - 1998 - Kantian Review 2:1-13.
    It is difficult to exaggerate the extent to which Kant has influenced contemporary ethics. Whether or not one is sympathetic to his moral theory, one cannot ignore it, or the various ethical theories which draw their inspiration from it. Debates which have centred on Kantian themes include debates about whether moral requirements are categorical imperatives, whether they have an overriding authority, whether the various moral judgements we make can be codified, the role of duty in moral motivation, whether there are (...)
    Download  
     
    Export citation  
     
    Bookmark  
  • Balancing the principles: why the universality of human rights is not the Trojan horse of moral imperialism. [REVIEW]Stefano Semplici - 2013 - Medicine, Health Care and Philosophy 16 (4):653-661.
    The new dilemmas and responsibilities which arise in bioethics both because of the unprecedented pace of scientific development and of growing moral pluralism are more and more difficult to grapple with. At the ‘global’ level, the call for the universal nature at least of some fundamental moral values and principles is often being contended as a testament of arrogance, if not directly as a new kind of subtler imperialism. The human rights framework itself, which provided the basis for the most (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  • Canadian Figure Skaters, French Judges, and Realism in Sport.Nicholas Dixon - 2003 - Journal of the Philosophy of Sport 30 (2):103-116.
    Download  
     
    Export citation  
     
    Bookmark   46 citations  
  • Are Rules All an Umpire Has to Work With?J. S. Russell - 1999 - Journal of the Philosophy of Sport 26 (1):27-49.
    Download  
     
    Export citation  
     
    Bookmark   105 citations  
  • (2 other versions)Internalism and Internal Values in Sport.Robert L. Simon - 2000 - Journal of the Philosophy of Sport 27 (1):1-16.
    Download  
     
    Export citation  
     
    Bookmark   107 citations  
  • Are There Universal Collective Rights?Miodrag A. Jovanović - 2010 - Human Rights Review 11 (1):17-44.
    The first part of the paper focuses on the current debate over the universality of human rights. After conceptually distinguishing between different types of universality, it employs Sen’s definition that the claim of a universal value is the one that people anywhere may have reason to see as valuable. When applied to human rights, this standard implies “thin” (relative, contingent) universality, which might be operationally worked-out as in Donnelly’s three-tiered scheme of concepts–conceptions–implementations. The second part is devoted to collective rights, (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  • Essential Contestability and Evaluation.Pekka Väyrynen - 2014 - Australasian Journal of Philosophy 92 (3):471-488.
    Evaluative and normative terms and concepts are often said to be "essentially contestable". This notion has been used in political and legal theory and applied ethics to analyse disputes concerning the proper usage of terms like democracy, freedom, genocide, rape, coercion, and the rule of law. Many philosophers have also thought that essential contestability tells us something important about the evaluative in particular. Gallie (who coined the term), for instance, argues that the central structural features of essentially contestable concepts secure (...)
    Download  
     
    Export citation  
     
    Bookmark   8 citations  
  • Reproductive Autonomy as Self-Making: Procreative Liberty and the Practice of Ethical Subjectivity.Catherine Mills - 2013 - Journal of Medicine and Philosophy 38 (6):639-656.
    In this article, I consider recent debates on the notion of procreative liberty, to argue that reproductive freedom can be understood as a form of positive freedom—that is, the freedom to make oneself according to various ethical and aesthetic principles or values. To make this argument, I draw on Michel Foucault’s later work on ethics. Both adopting and adapting Foucault’s notion of ethics as a practice of the self and of liberty, I argue that reproductive autonomy requires enactment to gain (...)
    Download  
     
    Export citation  
     
    Bookmark   10 citations  
  • Freedom of political speech, hate speech and the argument from democracy: The transformative contribution of capabilities theory.Katharine Gelber - 2010 - Contemporary Political Theory 9 (3):304-324.
    Much of the most influential free speech scholarship emphasises that ‘political speech’ warrants the very highest standards of protection because of its centrality to self-governance. This central idea mitigates against efforts to justify the regulation of political speech and renders some egregiously offensive or harmful speech worthy of protection from a theoretical perspective. Yet paradoxically, in practice, in many liberal democracies such speech is routinely restricted. In this paper, I develop an argument that is compatible with both the argument from (...)
    Download  
     
    Export citation  
     
    Bookmark   8 citations  
  • Broad Internalism, Deep Conventions, Moral Entrepreneurs, and Sport.William J. Morgan - 2012 - Journal of the Philosophy of Sport 39 (1):65-100.
    My argument will proceed as follows. I will first sketch out the broad internalist case for pitching its normative account of sport in the abstract manner that following Dworkin’s lead in the philosophy of law its adherents insist upon. I will next show that the normative deficiencies in social conventions broad internalists uncover are indeed telling but misplaced since they hold only for what David Lewis famously called ‘coordinating’ conventions. I will then distinguish coordinating conventions from deep ones and make (...)
    Download  
     
    Export citation  
     
    Bookmark   39 citations  
  • Unjust Equalities.Andreas Albertsen & Sören Flinch Midtgaard - 2014 - Ethical Theory and Moral Practice 17 (2):335-346.
    In the luck egalitarian literature, one influential formulation of luck egalitarianism does not specify whether equalities that do not reflect people’s equivalent exercises of responsibility are bad with regard to inequality. This equivocation gives rise to two competing versions of luck egalitarianism: asymmetrical and symmetrical luck egalitarianism. According to the former, while inequalities due to luck are unjust, equalities due to luck are not necessarily so. The latter view, by contrast, affirms the undesirability of equalities as well as inequalities insofar (...)
    Download  
     
    Export citation  
     
    Bookmark   18 citations  
  • A sporting dilemma and its jurisprudence.Patrick Lenta & Simon Beck - 2006 - Journal of the Philosophy of Sport 33 (2):125-143.
    Our purpose in this article is to draw attention to a connection that obtains between two dilemmas from two separate spheres: sports and the law. It is our contention that umpires in the game of cricket may face a dilemma that is similar to a dilemma confronted by legal decision makers and that comparing the nature of the dilemmas, and the arguments advanced to solve them, will serve to advance our understanding of both the law and games.
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  • Luck Egalitarianism.Carl Knight - 2013 - Philosophy Compass 8 (10):924-934.
    Luck egalitarianism is a family of egalitarian theories of distributive justice that aim to counteract the distributive effects of luck. This article explains luck egalitarianism's main ideas, and the debates that have accompanied its rise to prominence. There are two main parts to the discussion. The first part sets out three key moves in the influential early statements of Dworkin, Arneson, and Cohen: the brute luck/option luck distinction, the specification of brute luck in everyday or theoretical terms and the specification (...)
    Download  
     
    Export citation  
     
    Bookmark   42 citations  
  • The Injustice of Discrimination.Carl Knight - 2013 - South African Journal of Philosophy 32 (1):47-59.
    Discrimination might be considered unjust on account of the comparative disadvantage it imposes, the absolute disadvantage it imposes, the disrespect it shows, or the prejudice it shows. This article argues that each of these accounts overlooks some cases of unjust discrimination. In response to this state of affairs we might combine two or more of these accounts. A promising approach combines the comparative disadvantage and absolute disadvantage accounts.
    Download  
     
    Export citation  
     
    Bookmark   5 citations  
  • Property and Contract in Economics: The Case for Economic Democracy.David P. Ellerman - 1992 - Blackwell.
    From a pre-publication review by the late Austrian economist, Don Lavoie, of George Mason University: -/- "The book's radical re-interpretation of property and contract is, I think, among the most powerful critiques of mainstream economics ever developed. It undermines the neoclassical way of thinking about property by articulating a theory of inalienable rights, and constructs out of this perspective a "labor theory of property" which is as different from Marx's labor theory of value as it is from neoclassicism. It traces (...)
    Download  
     
    Export citation  
     
    Bookmark   23 citations  
  • Discrimination and liberal neutrality.Don A. Habibi - 1993 - Studies in Philosophy and Education 11 (4):313-328.
    This paper examines the political philosophy of Liberalism with particular focus on the principles of liberal neutrality and value pluralism. These principles, which are advocated by the most prominent contemporary liberal theorists mark a significant departure from classical liberalism and its monistic approach to seeking truth and the good. I argue that the shift to neutrality and pluralism have done a disservice to liberalism and that the cultivation of discrimination skills is needed to deal with the complex tasks of making (...)
    Download  
     
    Export citation  
     
    Bookmark  
  • What are constitutions, and what should (and can) they do?Larry Alexander - 2011 - Social Philosophy and Policy 28 (1):1-24.
    A constitution is, as Article VI of the United States Constitution declares, the fundamental law of the land, supreme as a legal matter over any other nonconstitutional law. But that almost banal statement raises a number of theoretically vexed issues. What is law? How is constitutional law to be distinguished from nonconstitutional law? How do morality and moral rights fit into the picture? And what are the implications of the answers to these questions for such questions as how and by (...)
    Download  
     
    Export citation  
     
    Bookmark  
  • (1 other version)African Values, Human Rights and Group Rights: A Philosophical Foundation for the Banjul Charter.Thaddeus Metz - 2013 - In Oche Onazi (ed.), African Legal Theory and Contemporary Problems: Critical Essays. Dordrecht: Springer. pp. 131-51.
    A communitarian perspective, which is characteristic of African normative thought, accords some kind of primacy to society or a group, whereas human rights are by definition duties that others have to treat individuals in certain ways, even when not doing so would be better for others. Is there any place for human rights in an Afro-communitarian political and legal philosophy, and, if so, what is it? I seek to answer these questions, in part by critically exploring one of the most (...)
    Download  
     
    Export citation  
     
    Bookmark   6 citations  
  • From human rights to sentient rights.Alasdair Cochrane - 2013 - Critical Review of International Social and Political Philosophy 16 (5):655-675.
    This article calls for a paradigm shift in the language, theory and practice of human rights: it calls for human rights to be reconceptualized as sentient rights. It argues that human rights are not qualitatively distinct from the basic entitlements of other sentient creatures, and that attempts to differentiate human rights by appealing to something distinctive about humanity, their unique political function or their universality ultimately fail. Finally, the article claims that moving to sentient rights will not lead to intractable (...)
    Download  
     
    Export citation  
     
    Bookmark   16 citations  
  • Liberty, Mill and the Framework of Public Health Ethics.Madison Powers, Ruth Faden & Yashar Saghai - 2012 - Public Health Ethics 5 (1):6-15.
    In this article, we address the relevance of J.S. Mill’s political philosophy for a framework of public health ethics. In contrast to some readings of Mill, we reject the view that in the formulation of public policies liberties of all kinds enjoy an equal presumption in their favor. We argue that Mill also rejects this view and discuss the distinction that Mill makes between three kinds of liberty interests: interests that are immune from state interference; interests that enjoy a presumption (...)
    Download  
     
    Export citation  
     
    Bookmark   17 citations