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  1. Fundamental Legal Concepts: The Hohfeldian Framework.Luís Duarte D'Almeida - 2016 - Philosophy Compass 11 (10):554-569.
    Wesley Newcomb Hohfeld's account of legal rights is now 100 years old. It has been much discussed, and remains very influential with philosophers and lawyers alike. Yet it is still sometimes misunderstood in crucial respects. This article offers a rigorous exposition of Hohfeld's framework; discusses its claims to comprehensiveness and fundamentality, reviewing recent work on the topic; and highlights the argumentative uses of Hohfeld's most important distinction.
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  • Health (care) and human rights: a fundamental conditions approach.S. Matthew Liao - 2016 - Theoretical Medicine and Bioethics 37 (4):259-274.
    Many international declarations state that human beings have a human right to health care. However, is there a human right to health care? What grounds this right, and who has the corresponding duties to promote this right? Elsewhere, I have argued that human beings have human rights to the fundamental conditions for pursuing a good life. Drawing on this fundamental conditions approach of human rights, I offer a novel way of grounding a human right to health care.
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  • Hierarchies and Dignity: A Confucian Communitarian Approach.Jessica A. Kennedy, Tae Wan Kim & Alan Strudler - 2016 - Business Ethics Quarterly 26 (4):479-502.
    ABSTRACT:We discuss workers’ dignity in hierarchical organizations. First, we explain why a conflict exists between high-ranking individuals’ authority and low-ranking individuals’ dignity. Then, we ask whether there is any justification that reconciles hierarchical authority with the dignity of workers. We advance a communitarian justification for hierarchical authority, drawing upon Confucianism, which provides that workers can justifiably accept hierarchical authority when it enables a certain type of social functioning critical for the good life of workers and other involved parties. The Confucian (...)
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  • The Claims and Duties of Socioeconomic Human Rights.Stephanie Collins - 2016 - Philosophical Quarterly 66 (265):701-722.
    A standard objection to socioeconomic human rights is that they are not claimable as human rights: their correlative duties are not owed to each human, independently of specific institutional arrangements, in an enforceable manner. I consider recent responses to this ‘claimability objection,’ and argue that none succeeds. There are no human rights to socioeconomic goods. But all is not lost: there are, I suggest, human rights to ‘socioeconomic consideration’. I propose a detailed structure for these rights and their correlative duties, (...)
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  • Pro Patria: An Essay on Patriotism.Margaret Gilbert - 2009 - The Journal of Ethics 13 (4):319-346.
    This essay focuses on what patriotism is, as opposed to the value of patriotism. It focuses further on the basic patriotic motive: one acts with this motive if one acts on behalf of one's country as such. I first argue that pre-theoretically the basic patriotic motive is sufficient to make an act patriotic from a motivational point of view. In particular the agent need not ascribe virtues or achievements to his country nor need he feel towards it the emotions characteristic (...)
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  • Blame After Forgiveness.Maura Priest - 2016 - Ethical Theory and Moral Practice 19 (3):619-633.
    When a wrongdoing occurs, victims, barring special circumstance, can aptly forgive their wrongdoers, receive apologies, and be paid reparations. It is also uncontroversial, in the usual circumstances, that wronged parties can aptly blame their wrongdoer. But controversy arises when we consider blame from third-parties after the victim has forgiven. At times it seems that wronged parties can make blame inapt through forgiveness. If third parties blame anyway, it often appears the victim is justified in protesting. “But I forgave him!” In (...)
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  • Poems.Mary de la Valette - unknown
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  • Directed Duties.Simon Căbulea May - 2015 - Philosophy Compass 10 (8):523-532.
    Directed duties are duties that an agent owes to some party – a party who would be wronged if the duty were violated. A ‘direction problem’ asks what it is about a duty in virtue of which it is directed towards one party, if any, rather than another. I discuss three theories of moral direction: control, demand and interest theories. Although none of these theories can be rejected out of hand, all three face serious difficulties.
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  • Dignity, Capability, and Profound Disability.John Vorhaus - 2015 - Metaphilosophy 46 (3):462-478.
    Martha Nussbaum has sought to establish the significance of disability for liberal theories of justice. She proposes that human dignity can serve as the basis of an entitlement to a set of capabilities that all human beings either possess or have the potential to develop. This article considers whether the concept of human dignity will serve as the justification for basic human capabilities in accounting for the demands of justice for people with profound learning difficulties and disabilities. It examines the (...)
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  • Human Value, Dignity, and the Presence of Others.Jill Graper Hernandez - 2015 - HEC Forum 27 (3):249-263.
    In the health care professions, the meaning of—and implications for—‘dignity’ and ‘value’ are progressively more important, as scholars and practitioners increasingly have to make value judgments when making care decisions. This paper looks at the various arguments for competing sources of human value that medical professionals can consider—human rights, autonomy, and a higher-order moral value—and settles upon a foundational model that is related to the Kantian model that is popular within the medical community: human value is foundational; human dignity, autonomy, (...)
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  • Oversight in the Canon: The Animals Issue Rekindled.Juliette Helene Christie - 1996 - Dissertation, University of California, Santa Barbara
    I take issue with an argument to the effect that because contractualism proves--both practically and theoretically--the philosophically superior moral theory, we have the result that nonhuman animals can have no, nor ought be extended any, moral standing. The combined argument belongs to Peter Carruthers, and appears in his The Animals Issue. My response involves demonstration that on careful analysis contractualism fares even less well than the two theories against which Carruthers compares it--rights and utilitarian. Furthermore, I offer a sketch of (...)
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  • The Moral Argument for a Policy of Assassination.Stephen Kershnar - 2004 - Reason Papers 27:43-66.
    In some cases, the U.S. should adopt a policy of assassinating national leaders. On just war theory, national leaders are sometimes combatants. This is because some leaders are both causal and logical agents of an unjust military campaign. Such leaders occupy this logical role because in some cases their position has an essential link to their nation’s military projects. In addition, such a policy aligns with some of the policies that motivate just war theory in that assassination does not target (...)
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  • (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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  • 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)Respect.Robin S. Dillon - 2018 - Stanford Encyclopedia of Philosophy.
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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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  • Recognition.Mattias Iser - forthcoming - Stanford Encyclopedia of Philosophy.
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  • What (If Anything) Is Wrong with Trading Refugee Quotas?Jaakko Kuosmanen - 2013 - Res Publica 19 (2):103-119.
    The tradable refugee quota scheme constitutes one proposal for institutionalising the general right to asylum. The scheme allows states to purchase and sell quotas of refugees that are initially assigned to them through a collectivised status-determination process. In this paper I focus on examining the ethical dimensions of one particular component of the tradable refugee quota scheme: the market. I consider three objections against the quota trading practices: ‘the preference objection’, ‘the dignity objection’, and ‘the exploitation objection’. The first objection (...)
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  • From Psychologism to Personhood: Honneth, Recognition, and the Making of Persons.Renante D. Pilapil - 2012 - Res Publica 18 (1):39-51.
    The paper explores the philosophical anthropology and the moral grammar of recognition. It does so by examining how the formation of the self is informed by social recognition, the result of which can motivate individuals and groups to engage in struggles for recognition. To pursue this task, the discussion focuses on the insights of Honneth, who grounds his theory of recognition in the intersubjective relations between persons. The idea that recognition impacts the formation of personal identity is regarded as susceptible (...)
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  • The Logical Foundation of Fundamental Rights and their Universality.Luca Baccelli - 2011 - Res Publica 17 (4):369-376.
    This paper offers a critical analysis of two central issues in Luigi Ferrajoli’s Principia iuris , and more generally of his theory of rights. One is the way in which ‘expectations’ play a crucial role in his deontic theory by establishing the logical basis for his guarantee-based conception of law and rights. The axiomatic way in which Ferrajoli arrives at his conception of fundamental rights is questioned, for it fails to give a full account of the nature of subjective rights. (...)
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  • Human rights in China: Between Marx and Confucius.Robert Weatherley - 2000 - Critical Review of International Social and Political Philosophy 3 (4):101-125.
    Since the death of Mao Zedong and the subsequent implementation of an ?open door? economic policy, foreign criticism of China's human rights record has greatly increased. China maintains that it possesses a distinct understanding of rights deriving from its own history and national conditions. In particular, China cites the doctrine of Marxism, its state ideology since 1949, as the primary influence on its perception of rights. Yet, China also persists in a peculiarly Confucian orthodoxy, identifiable both in its official theory (...)
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  • On Conflicts between Rights.Christopher Heath Wellman - 1995 - Law and Philosophy 14 (3/4):271 - 295.
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  • Toward a Feminist Conception of Self-Respect.Robin S. Dillon - 1992 - Hypatia 7 (1):52-69.
    The concept of self - respect is often invoked in feminist theorizing. But both women's too-common experiences of struggling to have self - respect and the results of feminist critiques of related moral concepts suggest the need for feminist critique and reconceptualization of self - respect. I argue that a familiar conception of self - respect is masculinist, thus less accessible to women and less than conducive to liberation. Emancipatory theory and practice require a suitably feminist conception of self - (...)
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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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  • Same-Sex Marriage and Equality.Reginald Williams - 2011 - Ethical Theory and Moral Practice 14 (5):589-595.
    Some argue that same-sex marriage is not an equal rights issue because, where same-sex marriage is illegal, heterosexuals and homosexuals have the exact same right to marry—i.e., the right to marry one adult of the opposite sex. I dispute this argument by pointing out that while societies that prohibit same-sex marriage equally permit individual heterosexuals and homosexuals to marry one adult of the opposite sex, same-sex couples in such societies are denied an important right that opposite-sex couples enjoy—i.e., the right (...)
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  • Was there a concept of rights in confucian virtue-based morality?Seung-Hwan Lee - 1992 - Journal of Chinese Philosophy 19 (3):241-261.
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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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  • A Defense of Animal Rights.Aysel Dog˘an - 2011 - Journal of Agricultural and Environmental Ethics 24 (5):473-491.
    I argue that animals have rights in the sense of having valid claims, which might turn out to be actual rights as society advances and new scientific-technological developments facilitate finding alternative ways of satisfying our vital interests without using animals. Animals have a right to life, to liberty in the sense of freedom of movement and communication, to subsistence, to relief from suffering, and to security against attacks on their physical existence. Animals’ interest in living, freedom, subsistence, and security are (...)
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  • Dignity's gauntlet.Remy Debes - 2009 - Philosophical Perspectives 23 (1):45-78.
    The philosophy of “ human dignity” remains a young, piecemeal endeavor with only a small, dedicated literature. And what dedicated literature exists makes for a rather slapdash mix of substantive and formal metatheory. Worse, ironically we seem compelled to treat this existing theory both charitably and casually. For how can we definitively assess any of it? Existing suggestions about the general features of dignity are necessarily contentious in virtue of being more or less blissfully uncritical of themselves. Because none of (...)
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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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  • 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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  • (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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  • 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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  • The moral foundation of employee rights.John R. Rowan - 2000 - Journal of Business Ethics 24 (4):355 - 361.
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  • The right of children to be loved.S. Matthew Liao - 2006 - Journal of Political Philosophy 14 (4):420–440.
    A number of international organizations have claimed that children have a right to be loved, but there is a worry that this claim may just be an empty rhetoric. In this paper, I seek to show that there could be such a right by providing a justification for this right in terms of human rights, by demonstrating that love can be an appropriate object of a duty, and by proposing that biological parents should normally be made the primary bearers of (...)
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  • The moral basis of stakeholder theory.Kevin Gibson - 2000 - Journal of Business Ethics 26 (3):245 - 257.
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  • What is a death with dignity?Jyl Gentzler - 2003 - Journal of Medicine and Philosophy 28 (4):461 – 487.
    Proponents of the legalization of assisted suicide often appeal to our supposed right to "die with dignity" to defend their case. I examine and assess different notions of "dignity" that are operating in many arguments for the legalization of assisted suicide, and I find them all to be deficient. I then consider an alternative conception of dignity that is based on Aristotle's conception of the conditions on the best life. I conclude that, while such a conception of dignity fits best (...)
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  • Contractarianism, other-regarding attitudes, and the moral standing of nonhuman animals.Andrew I. Cohen - 2007 - Journal of Applied Philosophy 24 (2):188–201.
    abstract Contractarianism roots moral standing in an agreement among rational agents in the circumstances of justice. Critics have argued that the theory must exclude nonhuman animals from the protection of justice. I argue that contractarianism can consistently accommodate the notion that nonhuman animals are owed direct moral consideration. They can acquire their moral status indirectly, but their claims to justice can be as stringent as those among able‐bodied rational adult humans. Any remaining criticisms of contractarianism likely rest on a disputable (...)
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  • Dignity Beyond the Human: A Deontic Account of the Moral Status of Animals.Matthew Wray Perry - 2023 - Dissertation, The University of Manchester
    Dignity is traditionally thought to apply to almost all and almost only humans. However, I argue that an account of a distinctly human dignity cannot achieve a coherent and non-arbitrary justification; either it must exclude some humans or include some nonhumans. This conclusion is not as worrying as might be first thought. Rather than attempting to vindicate human dignity, dignity should extend beyond the human, to include a range of nonhuman animals. Not only can we develop a widely inclusive account (...)
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  • Rights and the Good.Ariel Zylberman - forthcoming - Philosophical Quarterly.
    What is the connection between moral rights and the good? While familiar normative theories give justificatory precedence to one notion over the other, this paper explores a neglected alternative: when properly specified, the notion of moral rights and of the good conceptually depend on each other.1.
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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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  • 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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  • 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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  • Moral Obligation: Relational or Second-Personal?Janis David Schaab - 2023 - Ergo: An Open Access Journal of Philosophy 9 (48).
    The Problem of Obligation is the problem of how to explain the features of moral obligations that distinguish them from other normative phenomena. Two recent accounts, the Second-Personal Account and the Relational Account, propose superficially similar solutions to this problem. Both regard obligations as based on the claims or legitimate demands that persons as such have on one another. However, unlike the Second-Personal Account, the Relational Account does not regard these claims as based in persons’ authority to address them. Advocates (...)
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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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