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  1. The Paradox of Duties to Oneself.Daniel Muñoz - 2020 - Australasian Journal of Philosophy 98 (4):691-702.
    Philosophers have long argued that duties to oneself are paradoxical, as they seem to entail an incoherent power to release oneself from obligations. I argue that self-release is possible, both as a matter of deontic logic and of metaethics.
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  • (1 other version)Elements of a Theory of Human Rights.Amartya Sen - 2004 - Philosophy and Public Affairs 32 (4):315-356.
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  • First Come, First Served?Tyler M. John & Joseph Millum - 2020 - Ethics 130 (2):179-207.
    Waiting time is widely used in health and social policy to make resource allocation decisions, yet no general account of the moral significance of waiting time exists. We provide such an account. We argue that waiting time is not intrinsically morally significant, and that the first person in a queue for a resource does not ipso facto have a right to receive that resource first. However, waiting time can and sometimes should play a role in justifying allocation decisions. First, there (...)
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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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  • Identification, Meaning, and the Normativity of Social Roles.Stefan Sciaraffa - 2011 - European Journal of Philosophy 19 (1):107-128.
    Abstract: We are all familiar with the way in which social roles, such as mother, father, professor, club football coach, citizen, and so on, confront us with clusters of duties that purport to bind us. Though we generally experience these role-duties as normatively binding, we might question this. What reason do role-occupants have for conforming to the duties that define their roles? I argue that the agent who identifies with her role thereby has a weighty and important justificatory reason for (...)
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  • Why it is Disrespectful to Violate Rights: Contractualism and the Kind-Desire Theory.Janis David Schaab - 2018 - Philosophical Studies 175 (1):97-116.
    The most prominent theories of rights, the Will Theory and the Interest Theory, notoriously fail to accommodate all and only rights-attributions that make sense to ordinary speakers. The Kind-Desire Theory, Leif Wenar’s recent contribution to the field, appears to fare better in this respect than any of its predecessors. The theory states that we attribute a right to an individual if she has a kind-based desire that a certain enforceable duty be fulfilled. A kind-based desire is a reason to want (...)
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  • What We Owe to Ourselves: Essays on Rights and Supererogation.Daniel Muñoz - 2019 - Dissertation, MIT
    Some sacrifices—like giving a kidney or heroically dashing into a burning building—are supererogatory: they are good deeds beyond the call of duty. But if such deeds are really so good, philosophers ask, why shouldn’t morality just require them? The standard answer is that morality recognizes a special role for the pursuit of self-interest, so that everyone may treat themselves as if they were uniquely important. This idea, however, cannot be reconciled with the compelling picture of morality as impartial—the view that (...)
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  • What’s the Good of Language? On the Moral Distinction between Lying and Misleading.Sam Berstler - 2019 - Ethics 130 (1):5-31.
    I give a new argument for the moral difference between lying and misleading. First, following David Lewis, I hold that conventions of truthfulness and trust fix the meanings of our language. These conventions generate fair play obligations. Thus, to fail to conform to the conventions of truthfulness and trust is unfair. Second, I argue that the liar, but not the misleader, fails to conform to truthfulness. So the liar, but not the misleader, does something unfair. This account entails that bald-faced (...)
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  • Rights over children.Francis Schrag - 1973 - Journal of Value Inquiry 7 (2):96-105.
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  • Firms and parental justice: should firms contribute to the cost of parenthood and procreation?Sandrine Blanc & Tim Meijers - 2020 - Economics and Philosophy 36 (1):1-27.
    This article asks whether firms should contribute to the costs of procreation and parenthood. We explore two sets of arguments. First, we ask what the principle of fair play – central in parental justice debates – implies. We argue that if one defends a pro-sharing view, firms are required to shoulder part of the costs of procreation and parenthood. Second, we turn to the principle of fair equality of opportunity. We argue that compensating firms for costs they incur because their (...)
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  • Qual a motivação para se defender uma teoria causal da memória?César Schirmer Dos Santos - 2018 - In Juliano Santos do Carmo & Rogério F. Saucedo Corrêa (eds.), Linguagem e cognição. NEPFil. pp. 63-89.
    Este texto tem como objetivo apresentar a principal motivação filosófica para se defender uma teoria causal da memória, que é explicar como pode um evento que se deu no passado estar relacionado a uma experiência mnêmica que se dá no presente. Para tanto, iniciaremos apresentando a noção de memória de maneira informal e geral, para depois apresentar elementos mais detalhados. Finalizamos apresentando uma teoria causal da memória que se beneficia da noção de veritação (truthmaking).
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  • Nonideal Justice as Nonideal Fairness.Marcus Arvan - 2019 - Journal of the American Philosophical Association 5 (2):208-228.
    This article argues that diverse theorists have reasons to theorize about fairness in nonideal conditions, including theorists who reject fairness in ideal theory. It then develops a new all-purpose model of ‘nonideal fairness.’ §1 argues that fairness is central to nonideal theory across diverse ideological and methodological frameworks. §2 then argues that ‘nonideal fairness’ is best modeled by a nonideal original position adaptable to different nonideal conditions and background normative frameworks (including anti-Rawlsian ones). §3 then argues that the parties to (...)
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  • Defining the demos.Ben Saunders - 2012 - Politics, Philosophy and Economics 11 (3):280-301.
    Until relatively recently, few democrats had much to say about the constitution of the ‘demos' that ought to rule. A number of recent writers have, however, argued that all those whose interests are affected must be enfranchised if decision-making is to be fully democratic. This article criticizes this approach, arguing that it misunderstands democracy. Democratic procedures are about the agency of the people so only agents can be enfranchised, yet not all bearers of interests are also agents. If we focus (...)
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  • A Further Defence of the Right Not to Vote.Ben Saunders - 2018 - Res Publica 24 (1):93-108.
    Opponents of compulsory voting often allege that it violates a ‘right not to vote’. This paper seeks to clarify and defend such a right against its critics. First, I propose that this right must be understood as a Hohfeldian claim against being compelled to vote, rather than as a mere privilege to abstain. So construed, the right not to vote is compatible with a duty to vote, so arguments for a duty to vote do not refute the existence of such (...)
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  • The Last Man.Roger Lamb - 2018 - Australasian Journal of Logic 15 (2):513-591.
    I examine the basic logical character of ‘the last man example’, as well as the logical character of one of its more important variants. Although it has one striking antecedent in recent philosophy – of which more later – it’s fair to regard it as an example first presented to a contemporary audience by Richard Routley in his 1973 paper, ‘Is There a Need for a New, an Environmental, Ethic?’. I want to determine exactly how the example goes and what (...)
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  • Rights, Harming and Wronging: A Restatement of the Interest Theory.Visa A. J. Kurki - 2018 - Oxford Journal of Legal Studies (3):430-450.
    This article introduces a new formulation of the interest theory of rights. The focus is on ‘Bentham’s test’, which was devised by Matthew Kramer to limit the expansiveness of the interest theory. According to the test, a party holds a right correlative to a duty only if that party stands to undergo a development that is typically detrimental if the duty is breached. The article shows how the entire interest theory can be reformulated in terms of the test. The article (...)
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  • Los derechos homínidos. Una defensa ecuménica.Paula Casal - 2018 - Daimon: Revista Internacional de Filosofía 73:7.
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  • Towards a More Particularist View of Rights’ Stringency.Benedict Rumbold - 2019 - Res Publica 25 (2):211-233.
    For all their various disagreements, one point upon which rights theorists often agree is that it is simply part of the nature of rights that they tend to override, outweigh or exclude competing considerations in moral reasoning, that they have ‘peremptory force’, making ‘powerful demands’ that can only be overridden in ‘exceptional circumstances’, Philosophical Foundations of Human Rights, Oxford University Press, Oxford, 2016, p. 240). In this article I challenge this thought. My aim here is not to prove that the (...)
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  • (1 other version)Review article: the moral right to health: a survey of available conceptions.Benedict E. Rumbold - 2017 - Critical Review of International Social and Political Philosophy 20 (4):508-528.
    In recent years, there has been increasing recognition of both the philosophical questions engendered by the idea of a human right to health and the potential of philosophical analysis to help in the formulation of better policy. In this article, I attempt to locate recent work on the moral right to health in a number of historically established conceptions, with the aim of providing a map of the conceptual landscape as to the claims expressed by such a right.
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  • (1 other version)Review article: the moral right to health: a survey of available conceptions.Benedict E. Rumbold - 2017 - Critical Review of International Social and Political Philosophy 20 (4):508-528.
    In recent years, there has been increasing recognition of both the philosophical questions engendered by the idea of a human right to health and the potential of philosophical analysis to help in the formulation of better policy. In this article, I attempt to locate recent work on the moral right to health in a number of historically established conceptions, with the aim of providing a map of the conceptual landscape as to the claims expressed by such a right.
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  • On the foundations of law: Religion, nature, morals.Jan Rothkamm - 2008 - Ratio Juris 21 (3):300-311.
    Abstract. The article discusses the importance of three extra-legal sources—divine inspiration, natural law, and morality—for a full understanding and effective application of law. Each source is seen as vital due to its ability to compensate for the shortcomings of the other two sources. No source, including belief, is seen as necessarily incompatible with the doctrinal pluralism characteristic of modern societies.
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  • Promises and Conflicting Obligations.David Owens - 2016 - Journal of Ethics and Social Philosophy 11 (1):93-108.
    This paper addresses two questions. First can a binding promise conflict with other binding promises and thereby generate conflicting obligations? Second can binding promises conflict with other non-promissory obligations, so that we are obliged to keep so-called ‘wicked promises’? The answer to both questions is ‘yes’. The discussion examines both ‘natural right’ and ‘social practice’ approaches to promissory obligation and I conclude that neither can explain why we should be unable to make binding promises that conflict with our prior obligations. (...)
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  • Reasonableness, thy Name is Nature. [REVIEW]Andrés Rosler - 2011 - Jurisprudence 2 (2):529-545.
    Coercion and the State: A review of B Sharon Byrd and Joachim Hruschka, Kant's Doctrine of Right: A Commentary by Helga Varden.
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  • Animals and Morals.Roslind Godlovitch - 1971 - Philosophy 46 (175):23 - 33.
    In the following paper, I will be operating within the framework of moral concepts set out by R. M. Hare in his Language of Morals and Freedom and Reason . Using this framework, I shall attempt to show that if we claim that certain attitudes we have toward animals are moral, then the application of the consequences of these principles leads us into a rather bizarre, if not outlandish, position, which few would accept as prima facie moral; and if we (...)
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  • Towards a Constructivist Eudaemonism.Robert Bass - 2004 - Dissertation, Bowling Green State University
    Eudaemonism is the common structure of the family of theories in which the central moral conception is eudaemonia , understood as "living well" or "having a good life." In its best form, the virtues are understood as constitutive and therefore essential means to achieving or having such a life. What I seek to do is to lay the groundwork for an approach to eudaemonism grounded in practical reason, and especially in instrumental reasoning, rather than in natural teleology. In the first (...)
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  • The Duty to Repatriate U.S. Military Personnel.Rodney C. Roberts - 2024 - Journal of Military Ethics 22 (2):110-117.
    Tens of thousands of U.S. military personnel remain missing in action (MIA). U.S. law requires that our MIAs be accounted for and that the government maintain a comprehensive, coordinated, integrated and fully resourced program dedicated to accomplishing this enormous task. The aim of this paper is to show that there is also a moral requirement. There is a moral duty to repatriate U.S. military personnel, a duty that is grounded in our individual right to self-defense.
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  • (1 other version)Managing Scarcity: Toward a More Political Theory of Justice.Robert E. Goodin - 2001 - Noûs 35 (s1):202 - 228.
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  • Three Concepts of Natural Human Rights.Julian Rivers - 2010 - Studies in Christian Ethics 23 (2):182-191.
    This article argues that Wolterstorff’s concept of rights is ambiguous between the interest and will theories. It provides possible reconstructions and points towards a more suitable third concept theologically grounded in an account of humans as constituted relationally, juridically and eternally.
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  • Is medically assisted death a special obligation?Eduardo Rivera-López - 2017 - Journal of Medical Ethics 43 (6):401-406.
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  • The Contracting Theory of Choices.Arthur Ripstein - 2021 - Law and Philosophy 40 (2):185-211.
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  • Mandatory Cooperation.Arthur Ripstein - 2022 - Aristotelian Society Supplementary Volume 96 (1):23-40.
    My aim in this paper is to develop a new model of the obligation to do your part in contributing to the provision of what are frequently described as ‘public goods’. I will situate my account in a broadly Kantian account of the state as a public rightful condition, which enjoys powers that no private person could enjoy, in the service of its distinctively public mandate. The exercise of those powers imposes special duties on the state, which require it to (...)
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  • Beyond the Harm Principle.Arthur Ripstein - 2006 - Philosophy and Public Affairs 34 (3):215-245.
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  • Morality, Law and the Fair Distribution of Freedom.Mario Ricciardi - 2013 - Criminal Law and Philosophy 7 (3):531-548.
    Hart’s criticism of Devlin’s stance on the legal enforcement of morality has been highly influential in shaping a new liberal sensibility and in paving the way to many important legal reforms in the UK. After 50 years it is perhaps time to go back to Law, Liberty and Morality to see it in the perspective of the general evolution of Hart’s thought since the early 50s. This is a period of extraordinary creativity for the Oxford philosopher, in which he writes (...)
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  • State Legitimacy and Self-defence.Massimo Renzo - 2011 - Law and Philosophy 30 (5):575-601.
    In this paper I outline a theory of legitimacy that grounds the state’s right to rule on a natural duty not to harm others. I argue that by refusing to enter the state, anarchists expose those living next to them to the dangers of the state of nature, thereby posing an unjust threat. Since we have a duty not to pose unjust threats to others, anarchists have a duty to leave the state of nature and enter the state. This duty (...)
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  • Fairness, self-deception and political obligation.Massimo Renzo - 2014 - Philosophical Studies 169 (3):467-488.
    I offer a new account of fair-play obligations for non-excludable benefits received from the state. Firstly, I argue that non-acceptance of these benefits frees recipients of fairness obligations only when a counterfactual condition is met; i.e. when non-acceptance would hold up in the closest possible world in which recipients do not hold motivationally-biased beliefs triggered by a desire to free-ride. Secondly, I argue that because of common mechanisms of self-deception there will be recipients who reject these benefits without meeting the (...)
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  • Rights Enforcement, Trade-offs, and Pluralism.Adina Preda - 2011 - Res Publica 17 (3):227-243.
    This paper asks whether (human) rights enforcement is permissible given that it may entail infringing on the rights of innocent bystanders. I consider two strategies that adopt a rights-sensitive consequentialist framework and offer a positive answer to this question, namely Amartya Sen’s and Hillel Steiner’s. Against Sen, I argue that trade-offs between rights are problematic since they contradict the purpose of rights, which is to provide a pluralist solution to disagreement about values, i.e. to allow agents to act in accordance (...)
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  • Rights: Concept and Justification.Adina Preda - 2015 - Ratio Juris 28 (3):408-415.
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  • Money for Nothing: Are Decoupled Agricultural Subsidies Just?Daniel Pilchman - 2015 - Journal of Agricultural and Environmental Ethics 28 (6):1105-1125.
    Every year, the US government pays farmers billions of dollars not to grow anything. Especially within urban constituencies, politically and geographically distant from food production centers, these decoupled agriculture subsidies may seem to be unjust uses for public tax dollars. But can any argument be given in favor of such payments? I argue the affirmative by linking decoupled agricultural subsidies to the solution of pressing moral issues: obesity and food deserts. First, I argue that decoupled subsidies offer growers the economic (...)
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  • Capitalism and rights: An essay toward fine tuning the moral foundations of the free society. [REVIEW]Roger Pilon - 1982 - Journal of Business Ethics 1 (1):29 - 42.
    The moral foundations of the free society are not epitomized by democratic decisions about costs and benefits, as Michael Novak recently argued in The American Vision: An Essay on the Future of Democratic Capitalism. Nor is equality of opportunity, insured through government measures that prohibit private discrimination, a component of the liberty that characterizes the free society, as Milton and Rose Friedman recently argued in their Free To Choose. Rather, it is the theory of rights — which is the theory (...)
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  • Stakeholder Legitimacy.Robert Phillips - 2003 - Business Ethics Quarterly 13 (1):25-41.
    Abstract:This paper is a preliminary attempt to better understand the concept of legitimacy in stakeholder theory. The normative component of stakeholder theory plays a central role in the concept of legitimacy. Though the elaboration of legitimacy contained herein applies generally to all “normative cores” this paper relies on Phillips’s principle of stakeholder fairness and therefore begins with a brief description of this work. This is followed by a discussion of the importance of legitimacy to stakeholder theory as well as the (...)
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  • A definition of negative liberty.Philip Pettit - 1989 - Ratio 2 (2):153-168.
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  • Debate: Obligations of Fair Play and Foreigners.Ryan Pevnick - 2006 - Journal of Political Philosophy 14 (2):238-247.
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  • The Possibility of Special Duties.Philip Pettit & Robert Goodin - 1986 - Canadian Journal of Philosophy 16 (4):651 - 676.
    In common-sense morality, certain special obligations loom large. These are duties which are laid upon agents, be they individuals or groups, in virtue of their distinctive identities, relationships or histories: because of who they are, how they are linked to others or what they have done in the past. The particularistic basis of these obligations means that no one but the agent in question is engaged by such a duty. It is that agent's alone.These special obligations include duties towards oneself, (...)
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  • Applying Two-level Utilitarianism and the Principle of Fairness to Mandatory Vaccination during the COVID-19 Pandemic: the Situation in South Korea.Sungjin Park - 2022 - Asian Bioethics Review 15 (1):81-92.
    In response to the COVID-19 pandemic, Korean society has sought to vaccinate most of its population. Consequently, the Korean government has attempted to make vaccination compulsory by promoting awareness of its benefits. The administration has pushed for mandatory vaccination by claiming that vaccination is more beneficial than harmful, based on a utilitarian view. However, this view is difficult to justify based on the two levels of utilitarianism presented by R. M. Hare. Compulsory vaccination cannot satisfy the universalizability, nor the satisfaction (...)
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  • (1 other version)The Rights-Ascription Problem.George E. Panichas - 1997 - Social Theory and Practice 23 (3):365-398.
    This paper addresses the rights-ascription problem—the problem of determining what properties or characteristics one must have to qualify for fundamental rights. As argued here, one traditional response to this problem—the “humanity standard”—fails because rather than recognizing the problem as one of moral predication regarding actual individuals, it accepts nominal membership in a vaguely defined class (e.g., “humanity”) as adequate grounds for ascribing these rights. This failure encourages the hypothesis pursued here, viz., that qualifying for fundamental rights is a matter of (...)
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  • The deontological perspective of sustainable development.Adam Płachciak & Dative Mukarutesi - 2020 - Annales. Ethics in Economic Life 23 (1):83-96.
    The idea of sustainable development as a normative concept emphasizes the necessity for a wider consensus on meeting human needs, ensuring social equity, and respecting planetary boundaries. The purpose of the article focuses on the deontological orientation in perceiving sustainable development. It is expected that looking at sustainability from the deontological perspective might increase individuals’ awareness of responsibility towards respecting the needs of the world’s poor, environmental boundaries, and moral equity, which emphasizes that all people are equal. Any attempt to (...)
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  • (1 other version)A simple theory of promising.David Owens - 2006 - Philosophical Review 115 (1):51-77.
    Why do human beings make and accept promises? What human interest is served by this procedure? Many hold that promising serves what I shall call an information interest, an interest in information about what will happen. And they hold that human beings ought to keep their promises because breaches of promise threaten this interest. On this view human beings take promises seriously because we want correct information about how other human beings are going to act. Some such view is taken (...)
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  • Ethics of Tax Interpretation.Daniel T. Ostas - 2020 - Journal of Business Ethics 165 (1):83-94.
    This article joins a somewhat nascent, but growing, body of scholarship addressing the ethical obligation to pay tax. The analysis is grounded to the ethical duty to obey law generally and highlights two competing orientations to statutory interpretation. The norms of self-interested advocacy suggest that tax planners should assert that interpretation that will generate the most wealth for the client. The norms of professional advising, by contrast, direct the tax planner to interpret tax law with reference to plain meaning, interpretive (...)
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  • An anthropocentric ethics towards animals and nature.A. T. Nuyen - 1981 - Journal of Value Inquiry 15 (3):215-223.
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  • (1 other version)Relieving Pain and Foreseeing Death: A Paradox About Accountability and Blame.Susana Nuccetelli & Gary Seay - 2000 - Journal of Law, Medicine and Ethics 28 (1):19-25.
    In a familiar moral dilemma faced by physicians who care for the dying, some patients who are within days or hours of death may experience suffering in a degree that cannot be relieved by ordinary levels of analgesia. In such cases, it may sometimes be possible to honor a competent patient's request for pain relief only by giving an injection of narcotics in a dosage so large that the patient's death is thereby hastened. Doctors rightly worry that taking an action (...)
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