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A Theory of Justice

Oxford,: Harvard University Press. Edited by Steven M. Cahn (1971)

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  1. Is Income Redistribution a Violation of the Categorical Imperative?Konstantin Morozov - 2024 - Omsk Scientific Bulletin. Series Society. History. Modernity 9 (3):90-98.
    In Anarchy, State, and Utopia, Robert Nozick made the argument that income redistribution violates the Kantian categorical imperative. Nozick’s retrospective enslavement argument is still used today in discussions about the moral justification of taxation. This article explicates four implicit premises of Nozick’s argument: the self-ownership principle, its fullness, the absence of restrictions on the appropriation of natural resources, and the absence of restrictions on the distribution of the fruits of cooperation. Without additional justification for each of these premises, Nozick’s argument (...)
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  • Being Seen and Being with Others: Shame and Interpersonal Relationships.Brandon Yip - forthcoming - American Philosophical Quarterly.
    I seek to vindicate heteronomous shame: shame that one experiences in response to a judgment from another that one does not accept. I suggest that such experiences are instances of interpersonal shame. This is shame that involves a sensitivity to interpersonal ideals, whose instantiation depends partly on the attitudes of others. I defend the importance of such shame by showing how vulnerability to others is a constitutive part of rich interpersonal relationships. The account both casts light on and vindicates the (...)
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  • In Defense of Rawlsian Egalitarianism.Konstantin Morozov - 2024 - Politeia 113 (2):62-75.
    The liberal-egalitarian concept formulated by John Rawls in his book A Theory of Justice is still vehemently debated today. Critics of this concept include, among others, Rodion Belkovich and Sergei Vinogradov, according to whom Rawlsians inevitably face a dilemma: they need to reject either the difference principle or luck egalitarianism, and each of these solutions leads to the erosion of the basic foundations of Rawls’s theory. The article presents a detailed analysis of the arguments put forward by Belkovich and Vinogradov (...)
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  • Nietzsche's Struggle Against Pessimism.Patrick Hassan - 2023 - New York, NY, USA: Cambridge University Press.
    On what grounds could life be made worth living given its abundant suffering? Friedrich Nietzsche was one among many who attempted to answer this question. This book attempts to disentangle Nietzsche's various critiques of pessimism, elucidating how familiar Nietzschean themes ought to be assessed against this philosophical backdrop.
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  • (2 other versions)Democracy.Sameer Bajaj & Thomas Christiano - 2022 - Stanford Encyclopedia of Philosophy.
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  • (2 other versions)Business Ethics.Jeffrey Moriarty - 2016 - Stanford Encyclopedia of Philosophy.
    This article provides an overview of the field of business ethics.
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  • The argument against neutrality about the size of population.David Pomerenke - manuscript
    How should we as a society value changes in population size? The question may be crucial when evaluating global warming scenarios. I defend the intuition of neutrality, which answers a part of the question. It states that – other things being equal – it is ethically irrelevant whether or not additional people are added to a population. The argument against neutrality criticizes the intuition of neutrality as inconsistent. The contribution of this thesis is twofold: First, the framework of welfare economics, (...)
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  • Domination.Christopher McCammon - 2018 - Stanford Encyclopedia of Philosophy.
    Theories of domination are primarily attempts to understand the value of justice, freedom, and equality by examining cases where they are absent. Such theories seek to clarify and systematize our judgments about what it is to be weak against uncontrolled strength, i.e., about what it is to be vulnerable, degraded, and defenseless against unrestrained power. -/- Much contemporary disagreement about domination involves competing answers to three questions: (1) Who, or what, can dominate? (2) Is it possible to dominate merely by (...)
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  • (1 other version)Constructivism in metaethics.Carla Bagnoli - 2017 - Stanford Encyclopedia of Philosophy.
    Metaethical constructivism is the view that insofar as there are normative truths, they are not fixed by normative facts that are independent of what rational agents would agree to under some specified conditions of choice. The appeal of this view lies in the promise to explain how normative truths are objective and independent of our actual judgments, while also binding and authoritative for us. -/- Constructivism comes in several varieties, some of which claim a place within metaethics while others claim (...)
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  • (1 other version)Experimental moral philosophy.Mark Alfano, Don Loeb & Alex Plakias - 2018 - Stanford Encyclopedia of Philosophy:1-32.
    Experimental moral philosophy emerged as a methodology in the last decade of the twentieth century, as a branch of the larger experimental philosophy (X-Phi) approach. Experimental moral philosophy is the empirical study of moral intuitions, judgments, and behaviors. Like other forms of experimental philosophy, it involves gathering data using experimental methods and using these data to substantiate, undermine, or revise philosophical theories. In this case, the theories in question concern the nature of moral reasoning and judgment; the extent and sources (...)
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  • Lifting the Burden of Women's Care Work: Should Robots Replace the “Human Touch”?Jennifer A. Parks - 2010 - Hypatia 25 (1):100-120.
    This paper treats the political and ethical issues associated with the new caretaking technologies. Given the number of feminists who have raised serious concerns about the future of care work in the United States, and who have been critical of the degree to which society “free rides” on women's caretaking labor, I consider whether technology may provide a solution to this problem. Certainly, if we can create machines and robots to take on particular tasks, we may lighten the care burden (...)
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  • (1 other version)Genocide and Social Death.Claudia Card - 2003 - Hypatia 18 (1):63-79.
    Social death, central to the evil of genocide, distinguishes genocide from other mass murders. Loss of social vitality is loss of identity and thereby of meaning for one's existence. Seeing social death at the center of genocide takes our focus off body counts and loss of individual talents, directing us instead to mourn losses of relationships that create community and give meaning to the development of talents.
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  • Fractured Community.Linnell Secomb - 2000 - Hypatia 15 (2):133-150.
    Unity, commonality, and agreement are generally understood to be the basis, or the aim, of community. This paper argues instead that disagreement and fracture are inherent to, and provide the expression of difference within, community. Drawing on the experience of race relations in Australia, this paper proposes that ongoing resistance and disagreement by Aboriginal groups against non-Aboriginal law and culture has enabled an unworking of homogenizing and totalizing forces which destroy alterity within community.
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  • Evaluating Equity Critiques in Food Policy: The Case of Sugar-Sweetened Beverages.Anne Barnhill & Katherine F. King - 2013 - Journal of Law, Medicine and Ethics 41 (1):301-309.
    As concerns about the negative health effects of unhealthy eating and overweight/obesity increase, so too do efforts to combat obesity. Both the federal government, as well as state and local governments, have proposed and implemented a variety of healthy eating and obesity prevention policies. Many of these policies are controversial, facing objections that range from the practical to the ethical. In this paper, we consider one such policy — restrictions on food assistance programs that are meant to improve participants’ diet (...)
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  • A Right to Health Care.Pavlos Eleftheriadis - 2012 - Journal of Law, Medicine and Ethics 40 (2):268-285.
    Do we have a legal and moral right to health care against others? There are international conventions and institutions that say emphatically yes, and they summarize this in the expression of “the right to health,” which is an established part of the international human rights canon. The International Covenant on Social and Economic Rights outlines this as “the right of everyone to the enjoyment of the highest attainable standard of physical and mental health,” but declarations such as this remain tragically (...)
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  • No Theory of Justice Can Ground Health Care Reform.Griffin Trotter - 2012 - Journal of Law, Medicine and Ethics 40 (3):598-605.
    The “Father of the United States Constitution,” James Madison, once described justice as “the end” of both government and of civil society. Yet curiously, Madison said little about justice in elaborating the principles of American federalism in The Federalist Papers and elsewhere. His fundamental concerns, to the contrary, were in contriving a system of separated, countervailing powers and in establishing a first federal principle of enumerated powers — in which federal powers “are few, and defined.” This strategy, for Madison, was (...)
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  • Updating our Selves: Synthesizing Philosophical and Neurobiological Perspectives on Incorporating New Information into our Worldview.Fay Niker, Peter B. Reiner & Gidon Felsen - 2015 - Neuroethics 11 (3):273-282.
    Given the ubiquity and centrality of social and relational influences to the human experience, our conception of self-governance must adequately account for these external influences. The inclusion of socio-historical, externalist considerations into more traditional internalist accounts of autonomy has been an important feature of the debate over personal autonomy in recent years. But the relevant socio-temporal dynamics of autonomy are not only historical in nature. There are also important, and under-examined, future-oriented questions about how we retain autonomy while incorporating new (...)
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  • Hypothetical Insurance and Higher Education.Ben Colburn & Hugh Lazenby - 2016 - Journal of Philosophy of Education 50 (4):587-604.
    What level of government subsidy of higher education is justified, in what form, and for what reasons? We answer these questions by applying the hypothetical insurance approach, originally developed by Ronald Dworkin in his work on distributive justice. On this approach, when asking how to fund and deliver public services in a particular domain, we should seek to model what would be the outcome of a hypothetical insurance market: we stipulate that participants lack knowledge about their specific resources and risks, (...)
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  • Republican justice.Nicholas Southwood - 2015 - Critical Review of International Social and Political Philosophy 18 (6):669-678.
    I raise three objections to Pettit’s republican account of justice: 1) that it fails to account adequately for the role of certain values such as substantive fairness; 2) that it represents an uncomfortable hybrid of egalitarianism and sufficientarianism; and 3) that it fails Pettit’s own “eyeball test”. I then conclude in a more constructive vein, speculating about the kind of account of justice it is supposed to be and suggesting that, construed a certain way, it may have resources for answering (...)
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  • Childhood, Growth, and Dependency in Liberal Political Philosophy.Laura Wildemann Kane - 2016 - Hypatia 31 (1):156-170.
    Political philosophy presents a static conception of childhood as a state of lack, a condition where intellectual, physical, and moral capacities are undeveloped. This view, referred to by David Kennedy as the deficit view of childhood, is problematic because it systematically disparages certain universal features of humanity—dependency and growth—and incorrectly characterizes them as features of childhood only. Thus there is a strict separation between childhood and adulthood because adults are characterized as fully autonomous agents who have reached the end of (...)
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  • When Worlds Collide: Medicine, Business, the Affordable Care Act and the Future of Health Care in the U.S.Andrew C. Wicks & Adrian A. C. Keevil - 2014 - Journal of Law, Medicine and Ethics 42 (4):420-430.
    Many observers claim that business has become a powerful force in medicine and that the future of health care cannot escape that reality, even though some scholars lament it. The U.S. recently experienced the most devastating recession since the Great Depression. As health care costs rise, we face additional pressure to rein in health care spending. We also have important new legislation that could well mark a significant shift in how health care is provided and who has access to care, (...)
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  • Yes, We Can (Make It Up on Volume): Answers to Critics.Hélène Landemore - 2014 - Critical Review: A Journal of Politics and Society 26 (1-2):184-237.
    ABSTRACTThe idea that the crowd could ever be intelligent is a counterintuitive one. Our modern, Western faith in experts and bureaucracies is rooted in the notion that political competence is the purview of the select few. Here, as in my book Democratic Reason, I defend the opposite view: that the diverse many are often smarter than a group of select elites because of the different cognitive tools, perspectives, heuristics, and knowledge they bring to political problem solving and prediction. In this (...)
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  • Contractualism and Punishment.Hon-Lam Li - 2015 - Criminal Justice Ethics 34 (2):177-209.
    T. M. Scanlon’s contractualism is a meta-ethical theory that explains moral motivation and also provides a conception of how to carry out moral deliberation. It supports non-consequentialism – the theory that both consequences and deontological considerations are morally significant in moral deliberation. Regarding the issue of punishment, non-consequentialism allows us to take account of the need for deterrence as well as principles of fairness, justice, and even desert. Moreover, Scanlonian contractualism accounts for permissibility in terms of justifiability: An act is (...)
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  • Cohen vs. Rawls on justice and equality.J. Donald Moon - 2015 - Critical Review of International Social and Political Philosophy 18 (1):40-56.
    G.A. Cohen criticizes Rawls’s account of justice because his difference principle permits inequalities that reflect the relative scarcity of different skills and natural abilities. Instead of viewing the ‘basic structure’ as the primary subject of justice, Cohen argues that individual citizens should cultivate an egalitarian ethos, which would enable a just society to dispense with the use of incentive payments to induce individuals to use their talents in socially ideal ways. This study examines Cohen’s critique, including his rejection of ‘incentives,’ (...)
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  • Status Quo Bias, Rationality, and Conservatism about Value.Jacob Nebel - 2015 - Ethics 125 (2):449-476.
    Many economists and philosophers assume that status quo bias is necessarily irrational. I argue that, in some cases, status quo bias is fully rational. I discuss the rationality of status quo bias on both subjective and objective theories of the rationality of preferences. I argue that subjective theories cannot plausibly condemn this bias as irrational. I then discuss one kind of objective theory, which holds that a conservative bias toward existing things of value is rational. This account can fruitfully explain (...)
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  • (1 other version)Social Choice Theory.Christian List - 2013 - Stanford Encyclopedia of Philosophy.
    Social choice theory is the study of collective decision processes and procedures. It is not a single theory, but a cluster of models and results concerning the aggregation of individual inputs (e.g., votes, preferences, judgments, welfare) into collective outputs (e.g., collective decisions, preferences, judgments, welfare). Central questions are: How can a group of individuals choose a winning outcome (e.g., policy, electoral candidate) from a given set of options? What are the properties of different voting systems? When is a voting system (...)
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  • The Incompleteness of Ideal Theory.Jörg Schaub - 2014 - Res Publica 20 (4):413-439.
    Can one give an account of a perfectly just society without invoking principles governing our responses to injustice? My claim is that addressing this question puts us in a position to reveal ambiguities and problems with the way in which Rawls draws the ideal/nonideal theory distinction that have so far gone unnoticed. In the first part of my paper, I demonstrate that Rawls’s original definition of the ideal/nonideal theory distinction is ambiguous as it is composed of two different conceptual distinctions, (...)
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  • (1 other version)Respect.Robin S. Dillon - 2018 - Stanford Encyclopedia of Philosophy.
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  • Why Reflective Equilibrium? I: Reflexivity of Justification.Svein Eng - 2014 - Ratio Juris 27 (1):138-154.
    In A Theory of Justice (1971), John Rawls introduces the concept of “reflective equilibrium.” Although there are innumerable references to and discussions of this concept in the literature, there is, to the present author's knowledge, no discussion of the most important question: Why reflective equilibrium? In particular, the question arises: Is the method of reflective equilibrium applicable to the choice of this method itself? Rawls's drawing of parallels between Kant's moral theory and his own suggests that his concept of “reflective (...)
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  • Toward a Theory of Justice for Animals.Robert Garner - 2012 - Journal of Animal Ethics 2 (1):98-104.
    This highly recommended book explores the animal ethics debate from the perspective of Western political thought, offering the reader not only a survey but also the framework for an original interest-based theory of animal rights. Cochrane’s operating definition of justice is of limited use, and the author is perhaps too uncritical of the utility of employing justice as a means to protect the interests of animals. It is suggested, too, that an account of the political theory of animal rights can (...)
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  • Suicide and public policy: A critique of the?New consensus?Richard Sherlock - 1982 - Journal of Bioethics 4 (1):58-70.
    Several writers have recently developed proposals calling for a public policy that would allow a number of individuals to commit suicide if they so choose. Suicide, it is argued, is a fundamental matter of personal liberty and as such only very minimal restrictions should be placed on it. In this essay I offer a critique of these views and the public policies they entail. The result is a defense of the general outlines of current professional and legal policies which permit (...)
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  • Transparent space: Law, technology and deliberative democracy in the information society.Beth Simone Noveck - 1999 - Cultural Values 3 (4):472-491.
    The resuscitation of deliberative democracy in the Information Age requires the construction of transparent public spaces ‐ public arenas where power relationships between speakers are discernible and debate ensues according to the rules of civility and reason (conversational transparency). The metaphor of transparency, in the sense of legal accountability, also connects the role of communications regulation to the development of democratic political culture (legal transparency). Finally, transparency suggests the power of technology to obscure and hinder as well as help the (...)
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  • Moral Luck.Dana K. Nelkin - forthcoming - Stanford Encyclopedia of Philosophy.
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  • Distributive justice.Julian Lamont & Christi Favor - 2012 - In Ed Zalta (ed.), Stanford Encyclopedia of Philosophy. Stanford Encyclopedia of Philosophy.
    Principles of distributive justice are normative principles designed to guide the allocation of the benefits and burdens of economic activity.
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  • Enough of polemics – let's look at data!W. C. McGrew - 1987 - Behavioral and Brain Sciences 10 (1):79-79.
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  • Bridging the sociobiological gap.Nils C. Stenseth - 1987 - Behavioral and Brain Sciences 10 (1):88-89.
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  • Précis of Vaulting Ambition: Sociobiology and the Quest for Human Nature.Philip Kitcher - 1987 - Behavioral and Brain Sciences 10 (1):61-71.
    The debate about the credentials of sociobiology has persisted because scholars have failed to distinguish the varieties of sociobiology and because too little attention has been paid to the details of the arguments that are supposed to support the provocative claims about human social behavior. I seek to remedy both deficiencies. After analysis of the relationships among different kinds of sociobiology and contemporary evolutionary theory, I attempt to show how some of the studies of the behavior of nonhuman animals meet (...)
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  • Models, rules and expertise.Rosemary J. Stevenson - 1993 - Behavioral and Brain Sciences 16 (2):366-366.
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  • Some philosophical implications of the rehabilitation of group selection.John Dupré - 1994 - Behavioral and Brain Sciences 17 (4):619-620.
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  • Is consequentialism better regarded as a form of reasoning or as a pattern of behavior?Steve Fuller - 1994 - Behavioral and Brain Sciences 17 (1):16-17.
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  • David Hume as a Social Theorist.Brian Barry - 2010 - Utilitas 22 (4):369-392.
    This article examines Russell Hardin's interpretation of Hume's argument that great social order depends on coordination convention. The main argument shows that despite an apparent move in that direction Hume's main argument is that justice and the other convention-based virtues rest on a cooperative convention which solves a prisoner's dilemma problem and that states are required when a society exceeds some small size because only states can solve the large number prisoner's dilemma problems that constitute the 'problem of social order'. (...)
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  • Defending Moral Mind-Independence: The Expressivist’s Precarious Turn.Lisa Warenski - 2014 - Philosophia 42 (3):861-69.
    A central feature of ordinary moral thought is that moral judgment is mind-independent in the following sense: judging something to be morally wrong does not thereby make it morally wrong. To deny this would be to accept a form of subjectivism. Neil Sinclair (2008) makes a novel attempt to show how expressivism is simultaneously committed to (1) an understanding of moral judgments as expressions of attitudes and (2) the rejection of subjectivism. In this paper, I discuss Sinclair’s defense of anti-subjectivist (...)
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  • Against a Minimum Voting Age.Philip Cook - 2013 - Critical Review of International Social and Political Philosophy 16 (3):439-458.
    A minimum voting age is defended as the most effective and least disrespectful means of ensuring all members of an electorate are sufficiently competent to vote. Whilst it may be reasonable to require competency from voters, a minimum voting age should be rejected because its view of competence is unreasonably controversial, it is incapable of defining a clear threshold of sufficiency and an alternative test is available which treats children more respectfully. This alternative is a procedural test for minimum electoral (...)
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  • Luck, Opportunity and Disability.Cynthia A. Stark - 2013 - Critical Review of International Social and Political Philosophy 16 (3):383-402.
    This paper argues that luck egalitarianism, especially in the guise of equality of opportunity for welfare, is in tension with the ideal of fair equality of opportunity in three ways. First, equal opportunity for welfare is compatible with a caste system in employment that is inconsistent with open competition for positions. Second, luck egalitarianism does not support hiring on the basis of qualifications. Third, amending luck egalitarianism to repair this problem requires abandoning fair access to qualifications. Insofar as luck egalitarianism (...)
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  • The “Mirage” of Social Justice: Hayek Against (and For) Rawls.Andrew Lister - 2013 - Critical Review: A Journal of Politics and Society 25 (3-4):409-444.
    There is an odd proximity between Hayek, hero of the libertarian right, and Rawls, theorist of social justice, because, at the level of principle, Hayek was in some important respects a Rawlsian. Although Hayek said that the idea of social justice was nonsense, he argued against only a particular principle of social justice, one that Rawls too rejected, namely distribution according to individual merit. Any attempt to make reward and merit coincide, Hayek argued, would undermine the market's price system, leaving (...)
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  • The paradigm of expressive freedom: Its limits and paradoxes.Koula Mellos - 1997 - The European Legacy 2 (3):515-522.
    (1997). The paradigm of expressive freedom: Its limits and paradoxes. The European Legacy: Vol. 2, Fourth International Conference of the International Society for the Study of European Ideas, pp. 515-522.
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  • Human Rights and the Minimally Good Life.Nicole Hassoun - 2013 - Res Philosophica 90 (3):413-438.
    All people have human rights and, intuitively, there is a close connection between human rights, needs, and autonomy. The two main theories about the natureand value of human rights often fail to account for this connection. Interest theories, on which rights protect individuals’ important interests, usually fail to capturethe close relationship between human rights and autonomy; autonomy is not constitutive of the interests human rights protect. Will theories, on which human rights protect individuals’ autonomy, cannot explain why the nonautonomous have (...)
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  • Beyond Consent? Paternalism and Pediatric Doping.Mike McNamee - 2009 - Journal of the Philosophy of Sport 36 (2):111-126.
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  • Three Approaches Toward an Understanding of Sportsmanship.Peter J. Arnold - 1983 - Journal of the Philosophy of Sport 10 (1):61-70.
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  • Political identity and moral education: A response to Jonathan Haidt’s The Righteous Mind.Lawrence Blum - 2013 - Journal of Moral Education 42 (3):298-315.
    In The Righteous Mind, Jonathan Haidt claims that liberals have a narrower moral outlook than conservatives—they are concerned with fairness and relief of suffering, which Haidt sees as individualistic values, while conservatives care about authority and loyalty too, values concerned with holding society together. I question Haidt’s methodology, which does not permit liberals to express concerns with social bonds that do not fit within an ‘authority’ or ‘loyalty’ framework and discounts people who support liberal positions but do not self-ascribe as (...)
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