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  1. (1 other version)Human Rights as Fundamental Conditions for a Good Life.S. Matthew Liao - 2015 - In The Right to Be Loved. New York, US: Oxford University Press USA.
    What grounds human rights? How do we determine that something is a genuine human right? This chapter offers a new answer: human beings have human rights to the fundamental conditions for pursuing a good life. The fundamental conditions for pursuing a good life are certain goods, capacities, and options that human beings qua human beings need whatever else they qua individuals might need in order to pursue a characteristically good human life. This chapter explains how this Fundamental Conditions Approach is (...)
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  • Moral standing, the value of lives, and speciesism.Raymond G. Frey - 1988 - Between the Species 4 (3):10.
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  • Confucian Rights as a "Fallback Apparatus” 作为“备用机制”的儒家权利.Justin Tiwald - 2013 - Academic Monthly 学术月刊 45 (11):41-49.
    Liang Tao and Kuang Zhao, trans. Confucian rights can be characterized as a kind of “fallback apparatus,” necessary only when preferred mechanisms—for example, familial and neighborly care or traditional courtesies—would otherwise fail to protect basic human interests. In this paper, I argue that the very existence of such rights is contingent on their ability to function as remedies for dysfunctional social relationships or failures to develop the virtues that sustain harmonious Confucian relationships. Moreover, these remedies are not, strictly speaking, rights-based, (...)
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  • (1 other version)Do Animals Need Rights?William A. Edmundson - 2014 - Journal of Political Philosophy 22 (2):345-360.
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  • Technology, individual rights and the ethical evaluation of risk.Lanre-Abass Bolatito Asiata - 2010 - Journal of Information, Communication and Ethics in Society 8 (4):308-322.
    PurposeThe purpose of this paper is to examine the risk arising from technological devices, such as closed circuit television and nuclear power plants and the consequent effect on the rights to privacy and security of individuals.Design/methodology/approachThe paper presents critical and conceptual analyses of CCTV, nuclear power plants and the rights of individuals. It also analyses how communitarianism and liberal individualism would respond to right‐infringements and risk‐imposition. It draws on W.D. Ross's prima facie and actual duties to explain the pre‐eminence of (...)
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  • Human Rights for the Digital Age.Kay Mathiesen - 2014 - Journal of Mass Media Ethics 29 (1):2-18.
    Human rights are those legal and/or moral rights that all persons have simply as persons. In the current digital age, human rights are increasingly being either fulfilled or violated in the online environment. In this article, I provide a way of conceptualizing the relationships between human rights and information technology. I do so by pointing out a number of misunderstandings of human rights evident in Vinton Cerf's recent argument that there is no human right to the Internet. I claim that (...)
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  • On Prepositional Duties.Tim Hayward - 2013 - Ethics 123 (2):264-291.
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  • Henry Shue on Basic Rights: A Defense. [REVIEW]Jordan Kiper - 2011 - Human Rights Review 12 (4):505-514.
    In light of the many recent criticisms of Henry Shue's philosophy, this article provides a defense of Shue's philosophical argument for basic rights. The author demonstrates that the latest criticisms made by Thomas Pogge, Michael Payne, and Andrew Cohen misconstrue Shue's position, and therefore fail to overturn the soundness of Shue's argument. Against those who contend that basic rights demand too much, both logically and morally, the author argues that basic rights serve as the minimal threshold for human dignity and (...)
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  • Dialogue: The Confucian Critique of Rights-Based Business Ethics.Adam D. Bailey & Alan Strudler - 2011 - Business Ethics Quarterly 21 (4):661-677.
    ABSTRACT:Must even Confucian rights skeptics—those who are, on account of their Confucian beliefs, skeptical of the existence of human rights, and believe that asserting or recognizing rights is morally wrong—concede that in the workplace, they are morally obligated to recognize rights? Alan Strudler has recently argued that such is the case. In this article, I argue that because Confucian rights skeptics locate wrongness in inconsistency with the idea of “Confucian community,” Confucian community should be viewed as a moral ideal. I (...)
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  • Authority, Accountability, and Preemption.Stephen Darwall - 2011 - Jurisprudence 2 (1):103-119.
    Joseph Raz's 'normal justification thesis' is that the normal way of justifying someone's claim to authority over another person is that the latter would comply better with the reasons that apply to him anyway were he to treat the former's directives as authoritative. Darwall argues that this provides 'reasons of the wrong kind' for authority. He turns then to Raz's claim that the fact that treating someone as an authority would enable one to comply better with reasons that apply to (...)
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  • What Is Special About Human Rights?Christian Barry & Nicholas Southwood - 2011 - Ethics and International Affairs 25 (3):369-83.
    Despite the prevalence of human rights discourse, the very idea or concept of a human right remains obscure. In particular, it is unclear what is supposed to be special or distinctive about human rights. In this paper, we consider two recent attempts to answer this challenge, James Griffin’s “personhood account” and Charles Beitz’s “practice-based account”, and argue that neither is entirely satisfactory. We then conclude with a suggestion for what a more adequate account might look like – what we call (...)
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  • The Concept of Rights in Contemporary Human Rights Discourse.Christine Chwaszcza - 2010 - Ratio Juris 23 (3):333-364.
    In a variety of disciplines, there exists a consensus that human rights are individual claim rights that all human beings possess simply as a consequence of being human. That consensus seems to me to obscure the real character of the concept and hinder the progress of discussion. I contend that rather than thinking of human rights in the first instance as “claim rights” possessed by individuals, we should regard human rights as higher order norms that articulate standards of legitimacy for (...)
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  • The gap between the real and the ideal: the right to education amid fiscal equity legislation in a democratic culture.Denise De Vito - 2007 - Ethics and Education 2 (2):173-180.
    Lack of understanding about the relationship between federal and state educational institutions brings confusion into discussions of democracy, equity and equality in schools. The 'right to education' continues to be espoused by American society as a birthright, yet it does not figure in federal documentation. This matter has repeatedly come to the attention of legislative courts, who have insisted that the question of education as a fundamental right be addressed. Numerous court cases have attempted to bring closure on this issue, (...)
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  • What is Fair and Equitable Benefit-sharing?Bram De Jonge - 2011 - Journal of Agricultural and Environmental Ethics 24 (2):127-146.
    “Fair and equitable benefit-sharing” is one of the objectives of the UN Convention on Biological Diversity and the FAO International Treaty on Plant Genetic Resources for Food and Agriculture. In essence, benefit-sharing holds that countries, farmers, and indigenous communities that grant access to their plant genetic resources and/or traditional knowledge should share in the benefits that users derive from these resources. But what exactly is understood by “fair” and “equitable” in this context? Neither term is defined in the international treaties. (...)
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  • (1 other version)Moral obligation: Form and substance.Stephen Darwall - 2010 - Proceedings of the Aristotelian Society 110 (1pt1):31-46.
    Beginning from an analysis of moral obligation's form that I defend in The Second-Person Standpoint as what we are answerable for as beings with the necessary capacities to enter into relations of mutual accountability, I argue that this analysis has implications for moral obligation's substance. Given what it is to take responsibility for oneself and hold oneself answerable, I argue, it follows that if there are any moral obligations at all, then there must exist a basic pro tanto obligation not (...)
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  • Shared intention and personal intentions.Margaret Gilbert - 2009 - Philosophical Studies 144 (1):167 - 187.
    This article explores the question: what is it for two or more people to intend to do something in the future? In a technical phrase, what is it for people to share an intention ? Extending and refining earlier work of the author’s, it argues for three criteria of adequacy for an account of shared intention (the disjunction, concurrence, and obligation criteria) and offers an account that satisfies them. According to this account, in technical terms explained in the paper, people (...)
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  • (1 other version)The Affective and the Political: Rousseau and Contemporary Kantianism.Byron Davies - 2020 - Tópicos: Revista de Filosofía 59:301-339.
    Jean-Jacques Rousseau is often associated with a certain political mode of relating to another, where a person (“a Citizen”) is a locus of enforceable demands. I claim that Rousseau also articulated an affective mode of relating to another, where a person is seen as the locus of a kind of value (expressive of their being an independent point of view) that cannot be demanded. These are not isolated sides of a distinction, for the political mode constitutes a solution to certain (...)
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  • Rights.Leif Wenar - 2008 - Stanford Encyclopedia of Philosophy.
    Rights dominate most modern understandings of what actions are proper and which institutions are just. Rights structure the forms of our governments, the contents of our laws, and the shape of morality as we perceive it. To accept a set of rights is to approve a distribution of freedom and authority, and so to endorse a certain view of what may, must, and must not be done.
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  • Poverty and rights.James W. Nickel - 2005 - Philosophical Quarterly 55 (220):385–402.
    I defend economic and social rights as human rights, and as a feasible approach to addressing world poverty. I propose a modest conception of economic and social rights that includes rights to subsistence, basic health care and basic education. The second part of the paper defends these three rights. I begin by sketching a pluralistic justificatory framework that starts with abstract norms pertaining to life, leading a life, avoiding severely cruel treatment, and avoiding severe unfairness. I argue that economic and (...)
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  • Humiliation, dignity and self-respect.Daniel Statman - 2000 - Philosophical Psychology 13 (4):523 – 540.
    That an intimate connection exists between the notion of human dignity and the notion of humiliation seems to be a commonplace among philosophers, who tend to assume that humiliation should be explained in terms of (violation of) human dignity. I believe, however, that this assumption leads to an understanding of humiliation that is too "philosophical" and too detached from psychological reality. The purpose of the paper is to modify the above connection and to offer a more "down to earth" account (...)
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  • Expressive Duties are Demandable and Enforceable.Romy Eskens - forthcoming - Oxford Studies in Normative Ethics 14.
    According to an influential view about directed expressive duties (e.g., duties to express gratitude to benefactors, remorse to victims, forgiveness to wrongdoers), these duties do not have rights as their correlates, because they are not demandable and enforceable. The chapter argues that this view is mistaken. Like other directed duties, directed expressive duties are demandable and enforceable. While this does not entail that these duties have rights as their correlates, it does create a strong presumption of this being the case. (...)
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  • Putting Wronging First.Daniel Webber - 2024 - Philosophical Quarterly.
    I argue that an act can be wrong _because_ it wrongs a particular person. I then show how this thesis serves as a constraint on moral theories, using Kantian ethics as a case study.
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  • Social Norms and Social Practices.John Lawless - 2023 - Philosophy and Social Criticism:1-27.
    Theories of social norms frequently define social norms in terms of individuals’ beliefs and preferences, and so afford individual beliefs and preferences conceptual priority over social norms. I argue that this treatment of social norms is unsustainable. Taking Bicchieri’s theory as an exemplar of this approach, I argue, first, that Bicchieri’s framework bears important structural similarities with the command theory of law; and second, that Hart’s arguments against the command theory of law, suitably recast, reveal the fundamental problems with Bicchieri’s (...)
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  • Securing non-domination in the social republic: A social republican theory of rights.Michael Coleman - forthcoming - European Journal of Political Theory.
    Recently, some scholars have sought to cast Marx and other socialists as participants in the republican tradition, expanding ideas such as non-domination and self-rule beyond what they had been typically conceived of as by many of the instigators of the revival of republican thought in recent decades. The ramifications of such an expansion, however, have not yet been fully grappled with in the area of rights. This article aims to remedy this by building a theory of social republican rights by (...)
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  • Rights and Practical Reasoning: A Practical View on the Specificationism vs Generalism Debate.Cristián Rettig - 2023 - Journal of Value Inquiry 1 (1):1-15.
    In this paper, I argue that specificationism deprives rights of any significant role in practical reasoning before it arrives at a conclusion, while the generalist conception preserves the practical role we intuitively assign to rights in reasoning directed to action. Assuming that a conception of rights faithful to ordinary practical reasoning is preferable, this fact gives a strong reason to prefer generalism over specificationism, although not without qualification. To be satisfactory from the practical standpoint, any account of rights that adopts (...)
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  • Relational nonhuman personhood.Nicolas Delon - 2023 - Southern Journal of Philosophy 61 (4):569-587.
    This article defends a relational account of personhood. I argue that the structure of personhood consists of dyadic relations between persons who can wrong or be wronged by one another, even if some of them lack moral competence. I draw on recent work on directed duties to outline the structure of moral communities of persons. The upshot is that we can construct an inclusive theory of personhood that can accommodate nonhuman persons based on shared community membership. I argue that, once (...)
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  • Rethinking moral claim rights.Laura Valentini - 2023 - Journal of Political Philosophy 31 (4):433-451.
    Journal of Political Philosophy, EarlyView.
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  • Republican Freedom and Liberal Neutrality.Lars Moen - 2023 - Journal of Ethics and Social Philosophy 26 (2):325–348.
    Institutions promoting republican freedom as non-domination are commonly believed to differ significantly from institutions promoting negative freedom as non-interference. Philip Pettit, the most prominent contemporary defender of this view, also maintains that these republican institutions are neutral between the different conceptions of the good that characterise a modern society. This paper shows why these two views are incompatible. By analysing the institutional requirements Pettit takes as constitutive of republican freedom, I show how they also promote negative freedom by reducing overall (...)
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  • The Morality of Compensation through Tort Law.Diego M. Papayannis - 2023 - Ratio Juris 36 (1):3-25.
    In this paper, I will focus on the normative structure of tort law. Only by elucidating the point or rationale of holding the wrongdoer responsible to the victim can we understand the value of having tort law instead of establishing other mechanisms of redress, such as a social insurance scheme. Ultimately, I will argue that the value of interpersonal justice, which underlies tort law, might not suffice to fully justify it in a given community. It all depends on whether victims (...)
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  • Second‐Personal Approaches to Moral Obligation.Janis David Schaab - 2023 - Philosophy Compass 18 (3):1 - 11.
    According to second‐personal approaches to moral obligation, the distinctive normative features of moral obligation can only be explained in terms of second‐personal relations, i.e. the distinctive way persons relate to each other as persons. But there are important disagreements between different groups of second‐personal approaches. Most notably, they disagree about the nature of second‐personal relations, which has consequences for the nature of the obligations that they purport to explain. This article aims to distinguish these groups from each other, highlight their (...)
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  • Law and Morality: An Appraisal of Hart's Concept of Law.John Ezenwankwor - 2013 - Enugu Nigeria: Claretian Communications.
    In an attempt to resolve the problem or the marriage between law and morality, Dr. John Ezenwankwor publishes this book, Law and Morality: An Appraisal of Hart's Concept of Law. In it, he delves into a critical analysis of the works of a British legal philosopher, Herbert Lionel Adolphus Hart (1907-1992), who made landmark contributions to the moral and legal questions surrounding human actions or conducts. Incidentally, he surpasses his master, Hart, in this book, by correcting his mistaken and poor (...)
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  • Republicanism as Critique of Liberalism.Lars J. K. Moen - 2023 - Southern Journal of Philosophy 61 (2):308–324.
    The revival of republicanism was meant to challenge the hegemony of liberalism in contemporary political theory on the grounds that liberals show insufficient concern with institutional protection against political misrule. This article challenges this view by showing how neorepublicanism, particularly on Philip Pettit’s formulation, demands no greater institutional protection than does political liberalism. By identifying neutrality between conceptions of the good as the constraint on institutional requirements that forces neorepublicanism into the liberal framework, the article shows that neutrality is what (...)
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  • Juridical Empowerment: Empowering the Impoverished as Rights-Asserters.Reza Mosayebi - 2022 - Ethical Theory and Moral Practice 26 (2):237-254.
    The idea of empowerment has gained a significant role in the discourse of poverty. I outline a restricted conception of empowerment inspired by Kant’s idea of rightful honour. According to this conception, empowerment consists in enabling individuals to assert their own human rights (juridical empowerment). I apply this conception to impoverished persons and argue that it is crucial to their self-respect, their so-called ‘power-[from-]within,’ and their political agency, and has a teleological primacy regarding our efforts to reduce poverty. I also (...)
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  • Recognition and the Human Life-Form: Beyond Identity and Difference.Heikki Ikaheimo - 2022 - New York, Yhdysvallat: Routledge.
    What is recognition and why is it so important? This book develops a synoptic conception of the significance of recognition in its many forms for human persons by means of a rational reconstruction and internal critique of classical and contemporary accounts. The book begins with a clarification of several fundamental questions concerning recognition. It then reconstructs the core ideas of Fichte, Hegel, Charles Taylor, Nancy Fraser, and Axel Honneth and utilizes the insights and conceptual tools developed across these chapters for (...)
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  • Wronging Oneself.Daniel Muñoz & Nathaniel Baron-Schmitt - 2024 - Journal of Philosophy 121 (4):181-207.
    When, if ever, do we wrong ourselves? The Self-Other Symmetric answer is: when we do to ourselves what would wrong a consenting other. The standard objection, which has gone unchallenged for decades, is that Symmetry seems to imply that we wrong ourselves in too many cases—where rights are unwaivable, or “self-consent” is lacking. We argue that Symmetry not only survives these would-be counterexamples; it explains and unifies them. The key to Symmetry is not, as critics have supposed, the bizarre claim (...)
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  • (1 other version)The practice and its authority: an elaboration.Charles R. Beitz - 2022 - Critical Review of International Social and Political Philosophy 25 (1):9-28.
    A ‘practical’ theory of human rights should make sense of two claims: a ‘practice claim’ – that international human rights can fruitfully be regarded as an existing social practice – and an ‘authority claim’ – that participants in the practice have reasons to adhere to its norms. I elaborate both of these claims in this paper, taking into account important developments in the empirical study of international human rights in the last decade.
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  • Consent, Interaction, and the Value of Shared Understanding.Richard Healey - 2022 - Legal Theory 28 (1):35-58.
    Recent years have seen a proliferation of philosophical work on consent. Within this body of work, philosophers often appeal to an account of the interests, values, or functions that underpin the power of consent. By far the most commonly cited value realized by the power of consent is the promotion and protection of the power-holder’s autonomy. This focus on autonomy yields what I call the Gate Opener Model of consent, according to which the central valuable function of consent is to (...)
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  • Utility, Predictability, and Rights: Bentham’s Utilitarianism and Constitutional Entitlements.Francesco Ferraro - 2022 - Ratio Juris 35 (1):38-54.
    Ratio Juris, Volume 35, Issue 1, Page 38-54, March 2022.
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  • Etica aplicată şi de ce avem nevoie de ea.Daniela Cutas, Alexandru Volacu & Adrian Miroiu - 2021 - In Alexandru Volacu, Daniela Cutas & Adrian Miroiu (eds.), Alegeri morale. Teme actuale de etică aplicată. Polirom.
    În cele ce urmează vom prezenta pe scurt zona de cercetare a eticii aplicate și locul ei în cadrul disciplinei filosofiei. Vom discuta apoi despre ce fac filosofii când fac etică aplicată. Vom trece în revistă câteva concepte importante din etica aplicată, cum ar fi deontologie, virtute, grijă sau drepturi. Apoi vom încerca să oferim un răspuns la întrebarea din titlul introducerii: de ce avem nevoie de etica aplicată? Vom povesti pe scurt despre istoria eticii aplicate în România, iar la (...)
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  • (1 other version)Human Dignity and Moral Rights.Kebadu Mekonnen Gebremariam - 2016 - Dissertation, University of Zurich
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  • Why Strict Compliance?Simon Căbulea May - 2021 - In David Sobel, Steven Wall & Peter Vallentyne (eds.), Oxford Studies in Political Philosophy Volume 7. Oxford University Press. pp. 227-264.
    I present an interpretation of ideal theory that is grounded in the idea of society as a fair scheme of cooperation, which Rawls describes as the most fundamental idea of justice as fairness. A key element of the Rawlsian idea of cooperation, I claim, is that the individual participants of a genuinely cooperative scheme—whatever its scale—are morally accountable to each other for complying with the scheme’s rules. This means that each participant has the moral standing to demand of the others (...)
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  • Beyond lockdown? The ethics of global movement in a new era.Guy Aitchison - 2021 - Ethics and Global Politics 14 (1).
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  • What is Wrong with Machine Art? Autonomy, Spirituality, Consciousness, and Human Survival.Ioannis Trisokkas - 2020 - Humanities Bulletin 3 (2):9-26.
    There is a well-documented Pre-Reflective Hostility against Machine Art (PRHMA), exemplified by the sentiments of fear and anxiety. How can it be explained? The present paper attempts to find the answer to this question by surveying a considerable amount of research on machine art. It is found that explanations of PRHMA based on the (alleged) fact that machine art lacks an element that is (allegedly) found in human art (for example, autonomy) do not work. Such explanations cannot account for the (...)
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  • Ética ambiental y Antropocentrismo débil.Bryan G. Norton - 2020 - Humanitas Hodie 2 (2):h224.
    La suposición de que una ética ambiental adecuada debe ser no-antropocéntrica es errónea. Hay dos formas de antropocentrismo: débil y fuerte, y el primero es suficiente para mantener una ética ambien¬tal. Sin embargo, la ética ambiental sí difiere de los sistemas éticos británicos y norteamericanos en la medida en que, para ser adecuada, debe ser no-individualista. La ética ambiental contiene dos niveles de decisión: el primero refiere a las decisiones usuales que afectan la equidad individual, el segundo no tiene esta (...)
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  • The deep error of political libertarianism: self-ownership, choice, and what’s really valuable in life.Dan Lowe - 2020 - Critical Review of International Social and Political Philosophy 23 (6):683-705.
    Contemporary versions of natural rights libertarianism trace their locus classicus to Robert Nozick’s Anarchy, State, and Utopia. But although there have been many criticisms of the version of political libertarianism put forward by Nozick, many of these fail objections to meet basic methodological desiderata. Thus, Nozick’s libertarianism deserves to be re-examined. In this paper I develop a new argument which meets these desiderata. Specifically, I argue that the libertarian conception of self-ownership, the view’s foundation, implies what I call the Asymmetrical (...)
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  • In what Sense Are Human Rights Political.Laura Valentini - 2012 - Political Studies 60 (1):180-94.
    Philosophical discussion of human rights has long been monopolised by what might be called the ‘natural-law view’. On this view, human rights are fundamental moral rights which people enjoy solely by virtue of their humanity. In recent years, a number of theorists have started to question the validity of this outlook, advocating instead what they call a ‘political’ view. My aim in this article is to explore the latter view in order to establish whether it constitutes a valuable alternative to (...)
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  • Against the Alienage Condition for Refugeehood.Eilidh Beaton - 2020 - Law and Philosophy 39 (2):147-176.
    Under the 1951 Refugee Convention, there are two necessary conditions for refugeehood: a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion and alienage – that is, being outside of one’s country of nationality or habitual residence. In 1985 Andrew Shacknove famously argued that both of these conditions should be rejected. Shacknove’s paper prompted much debate about the suitability of the persecution condition, but his rejection of the alienage requirement has (...)
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  • Human Dignity as a Sui Generis Principle.Stephen Riley - 2019 - Ratio Juris 32 (4):439-454.
    This paper argues that human dignity is a sui generis status principle whose function lies in unifying our normative orders. More fully, human dignity denotes a basic status to be preserved in any institution or process; it is a principle demanding determination in different contexts; and it has its most characteristic application where the legal, moral, and political place competing obligations on individuals. The implication of this account is that we should not seek to reduce human dignity to either a (...)
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  • Bipolar Obligations, Recognition Respect, and Second-Personal Morality.Jonas Vandieken - 2019 - The Journal of Ethics 23 (3):291-315.
    Any complete theory of “what we owe to each other” must be able to adequately accommodate directed or bipolar obligations, that is, those obligations that are owed to a particular individual and in virtue of which another individual stands to be wronged. Bipolar obligations receive their moral importance from their intimate connection to a particular form of recognition respect that we owe to each other: respect of another as a source of valid claims to whom in particular we owe certain (...)
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  • Rights and Virtues: the groundwork of a virtue-based theory of rights.Ondřej Micka - 2018 - Dissertation, University of Glasgow
    The dissertation investigates whether virtue ethics can provide the normative ground for the justification of rights. Most justificatory accounts of rights consist in different explanations of the function of rights. On the view I will defend, rights have a plurality of functions and one of the main functions of rights is to make the right-holder more virtuous. The idea that the possession of rights leads to the development of virtues, called the function of virtue acquisition, is the core of a (...)
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