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  1. On the Necessity Defense in a Democratic Welfare State: Leaving Pandora’s Box Ajar.Ivó Coca-Vila - 2024 - Criminal Law and Philosophy 18 (1):61-88.
    The necessity defense is barely accepted in contemporary Western case law. The courts, relying on the opinion held by the majority of legal scholars, have reduced its margin of application to practically zero, since in the framework of contemporary welfare states, there is almost always a “legal alternative.” The needy person who acts on their own behalf, regardless of whether they save an interest higher than the one they injure, does not show due deference to democratic legal solutions and procedural (...)
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  • Gentrification: a philosophical analysis and critique.Harry R. Lloyd - forthcoming - Journal of Urban Affairs.
    Philosophical discussions of gentrification have tended to focus on residential displacement. However, the prevalence of residential displacement is fiercely contested, with many urban geographers regarding it as quite uncommon. This lends some urgency to the underexplored question of how one should evaluate other forms of gentrification. In this paper, I argue that one of the most important harms suffered by victims of displacement gentrification is loss of access to the goods conferred by membership in a thriving local community. Leveraging the (...)
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  • Homelessness and freedom.Katy Wells - forthcoming - Critical Review of International Social and Political Philosophy.
    Within the small literature on homelessness in political philosophy, freedom-based accounts loom large. Such accounts, however, give rise to minimalism concerns: concerns that these accounts are too modest in what they demand for those who are homeless, particularly when homelessness is considered in the context of wealthier countries. In this paper, I consider the success of minimalism charges against freedom-based accounts of homelessness. I argue that whilst such charges are aptly levelled against two major freedom-based accounts, from Jeremy Waldron and (...)
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  • The Human Right to Adequate Social Inclusion: A Reply to Critics.Kimberley Brownlee - 2023 - Criminal Law and Philosophy 17 (2):491-506.
    This Reply offers my answers to Cheshire Calhoun’s, Elizabeth Brake’s, and Monika Betzler’s wonderful contributions to the Criminal Law and Philosophy symposium on Being Sure of Each Other (2020). Their contributions focus respectively on the conceptual and normative foundations of my defence of our human rights to have adequate social inclusion, the harms that might flow from recognising such rights as human rights, and the impact such rights can have on our most intimate relations. My replies aim both to clarify (...)
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  • What Makes a Home: A Reply.Christopher Essert - 2022 - Law and Philosophy 41 (4):469-489.
    This is a reply to “What Makes a Home” by Kimberley Brownlee and David Jenkins. In it, I defend my own account of homelessness, which I call the ‘legal conception’ against their criticism and try to illustrate the differences between my view and theirs, which I call the ‘social conception.’.
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