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Rights

In Jules L. Coleman & Scott Shapiro (eds.), The Oxford Handbook of Jurisprudence & Philosophy of Law. New York: Oxford University Press (2002)

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  1. (1 other version)The natural duty of justice in non-ideal circumstances: On the moral demands of institution building and reform.Laura Valentini - 2017 - European Journal of Political Theory 20 (1).
    Principles of distributive justice bind macro-level institutional agents, like the state. But what does justice require in non-ideal circumstances, where institutional agents are unjust or do not e...
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  • Is there a Moral Right to Vote?Ludvig Beckman - 2017 - Ethical Theory and Moral Practice 20 (4):885-897.
    The question raised in this paper is whether legal rights to vote are also moral rights to vote. The challenge to the justification of a moral right to vote is that it is not clear that the vote is instrumental to the preservation of some critical interest of the voter. Because a single vote has ‘no impact’ on electoral outcomes, the right to vote is unlikely to serve the interests of the individual. The account developed in this paper holds that (...)
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  • Kamm and Miller on Rights’ Compatibility.Rowan Cruft - 2010 - Ethical Theory and Moral Practice 13 (4):393-401.
    In their recent books, National Responsibility and Global Justice and Intricate Ethics, David Miller and Frances Kamm give two similar arguments aimed at preventing their favoured accounts of the moral justification of rights from justifying an excess of demanding assistance rights. Both arguments appeal to the fact that a proliferation of assistance rights would conflict with other rights. In this paper, I show that these arguments fail. As Miller recognises in a footnote, the failure of such arguments appears to support (...)
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  • XI-Why is it Disrespectful to Violate Rights?Rowan Cruft - 2013 - Proceedings of the Aristotelian Society 113 (2pt2):201-224.
    ABSTRACTViolating a person's rights is disrespectful to that person. This is because it is disrespectful to someone to violate duties owed to that person. I call these ‘directed duties’; they are the flipside of rights. The aim of this paper is to consider why directed duties and respect are linked, and to highlight a puzzle about this linkage, a puzzle arising from the fact that many directed duties are justified independently of whether they do anything for those to whom they (...)
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  • (1 other version)The natural duty of justice in non-ideal circumstances: On the moral demands of institution building and reform.Laura Valentini - 2021 - European Journal of Political Theory 20 (1):45-66.
    Principles of distributive justice bind macro-level institutional agents, like the state. But what does justice require in non-ideal circumstances, where institutional agents are unjust or do not exist in the first place? Many answer by invoking Rawls's natural duty ‘to further just arrangements not yet established’, treating it as a ‘normative bridge’ between institutional demands of distributive justice and individual responsibilities in non-ideal circumstances. I argue that this response strategy is unsuccessful. I show that the more unjust the status quo (...)
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  • Some Conceptual Aspects of Temporality and the Ability to Possess Rights.Sandeep Sreekumar - 2015 - Ratio Juris 28 (3):330-353.
    Since certain temporal aspects of the relation between duties, rights, and the interests that rights protect have not been fully theorized, a puzzle arises when we come to consider whether and how entities such as members of future generations, fetuses, deceased persons, and unconscious persons are able to possess rights. This paper evolves a unified structure for attributing the ability to possess rights to such entities. It demonstrates that while, under any cogent theory of rights-attributions, rights and duties must be (...)
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