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An Essay on Rights

Oxford, Uk ;Blackwell (1994)

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  1. Coercive Interference and Moral Judgment.Jan-Willem van der Rijt - 2011 - Ethical Theory and Moral Practice 14 (5):549 - 567.
    Coercion is by its very nature hostile to the individual subjected to it. At the same time, it often is a necessary evil: political life cannot function without at least some instances of coercion. Hence, it is not surprising that coercion has been the topic of heated philosophical debate for many decades. Though numerous accounts have been put forth in the literature, relatively little attention has been paid to the question what exactly being subjected to coercion does to an individual (...)
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  • Three Pillars of Transnational Economic Justice: The Bretton Woods Institutions as Guara.Robert Hockett - 2005 - Metaphilosophy 36 (1-2):93-127.
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  • Adipositas Bei Kindern: Elterliche Rechte, Paternalismus Und Gerechtigkeit.Johannes Giesinger - 2015 - Zeitschrift Für Praktische Philosophie 2 (1):59-88.
    Am Beispiel von Adipositas werden in diesem Beitrag die Konflikte diskutiert, die zwischen elterlichen Rechten und den aus Gerechtigkeitserwägungen erwachsenden Ansprüchen von Kindern entstehen können. Es wird angenommen, dass Kinder Anspruch auf Gesundheit haben, und dass Adipositas sie in ihrer Gesundheit gefährdet. Die Frage lautet, was zu tun ist, wenn das Handeln der Eltern die Entstehung von Adipositas begünstigt. Es werden drei verschiedene Konzeptionen elterlicher Rechte diskutiert. Nach der ersten Konzeption sind elterliche Rechte in den Interessen oder Freiheiten der Eltern (...)
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  • Reconsidering the Reciprocity Objection to Unconditional Basic Income.Andrew Lister - 2020 - Politics, Philosophy and Economics 19 (3):209-228.
    This article reconsiders the reciprocity objection to unconditional basic income based on the idea that reciprocity is not only a duty but a limiting condition on other duties. If the objection wer...
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  • Charlie Gard and the Weight of Parental Rights to Seek Experimental Treatment.Giles Birchley - 2018 - Journal of Medical Ethics 44 (7):448-452.
    The case of Charlie Gard, an infant with a genetic illness whose parents sought experimental treatment in the USA, brought important debates about the moral status of parents and children to the public eye. After setting out the facts of the case, this article considers some of these debates through the lens of parental rights. Parental rights are most commonly based on the promotion of a child’s welfare; however, in Charlie’s case, promotion of Charlie’s welfare cannot explain every fact of (...)
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  • Social Rules in Libertarian Thought.Chad Van Schoelandt - 2020 - Journal des Economistes Et des Etudes Humaines 26 (1).
    Libertarianism upholds individual liberty as of primary political importance. The concern for liberty leads to support for highly limited government, and sometimes even anarchism. Sometimes people come under the mistaken impression that libertarians have such a myopic concern for individual liberty that they must oppose social rules and social order. While that is too extreme, libertarianism does seem to have significant tensions with social rules, and the role of social rules within libertarianism is complex and contentious. This work aims to (...)
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  • The Neoliberal Turn: Libertarian Justice and Public Policy.Billy Christmas - 2020 - Journal des Economistes Et des Etudes Humaines 26 (1).
    In this paper I criticize a growing movement within public policy circles that self-identifies as neoliberal. The issue I take up here is the sense in which the neoliberal label signals a turn away from libertarian political philosophy. The are many import ant figures in this movement, but my focus here will be on Will Wilkinson of the Niskanen Center, not least because he has most prolifically written against libertarian political philosophy. Neoliberals oppose the idea that the rights that libertarianism (...)
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  • Expanding the Nudge: Designing Choice Contexts and Choice Contents.Kalle Grill - 2014 - Rationality, Markets and Morals 5:139-162.
    To nudge is to design choice contexts in order to improve choice outcomes. Richard Thaler and Cass Sunstein emphatically endorse nudging but reject more restrictive means. In contrast, I argue that the behavioral psychology that motivates nudging also motivates what may be called jolting — i.e. the design of choice content. I defend nudging and jolting by distinguishing them from the sometimes oppressive means with which they can be implemented, by responding to some common arguments against nudging, and by showing (...)
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  • The Significance of a Duty's Direction.Marcus Hedahl - 2013 - Journal of Ethics and Social Philosophy 7 (3):1-29.
    Agents do not merely have duties – they often have directed duties to others. This paper first reveals problems with traditional attempts to equate these directed duties with claims and claim rights. It then defends a novel account of directionality that locates the unifying element of directed duties in a counterparty’s prioritization of the duties owed to her. If one agent has a directed duty to another, then the degree to which fulfilling the duty matters to the agent to whom (...)
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  • Review: Self-Ownership and Equality: Brute Luck, Gifts, Universal Dominance, and Leximin. [REVIEW]Peter Vallentyne - 1997 - Ethics 107 (2):321 - 343.
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  • Left Libertarianism and the Ownership of Natural Resources.Hillel Steiner - 2009 - Public Reason 1 (1):1-8.
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  • As Good As 'Enough and As Good'.Bas Van Der Vossen - forthcoming - Philosophical Quarterly.
    The Lockean theory of property licenses unilateral appropriation on the condition that there be ‘enough, and as good left in common for others’. However, the meaning of this proviso is all but clear. This article argues that the proviso is centered around the Lockean theory of freedom. To be free, I argue, we must be ‘non-subjected’ in the exercise of our rights, including our rights to appropriate. We enjoy such freedom only when the ability to exercise our rights does not (...)
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  • Libertarianism and Climate Change.Olle Torpman - 2016 - Dissertation, Stockholm University
    In this dissertation, I investigate the implications of libertarian morality in relation to the problem of climate change. This problem is explicated in the first chapter, where preliminary clarifications are also made. In the second chapter, I briefly explain the characteristics of libertarianism relevant to the subsequent study, including the central non-aggression principle. In chapter three, I examine whether our individual emissions of greenhouse gases, which together give rise to climate change, meet this principle. I do this based on the (...)
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  • The Paradox of Exploitation: A New Solution.Benjamin Ferguson - 2013 - Dissertation, London School of Economics and Political Science
    In this thesis I present a rights-based theory of exploitation. I argue that successful conceptions of exploitation should begin with the ordinary language claim that exploitation involves `taking unfair advantage'. Consequently, they must combine an account of what it means to take advantage of another with an account of when transactions are unfair. Existing conceptions of exploitation fail to provide adequate accounts of both aspects of exploitation. -/- Hillel Steiner and John Roemer provide convincing accounts of the unfairness involved in (...)
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  • On Rights of Inheritance and Bequest.Iain Brassington - 2019 - Journal of Ethics 23 (2):119-142.
    What attitude would a just state take to the inheritance of property? Would confiscatory taxes on the estate of the deceased be morally acceptable, or would they represent some kind of wrong? While there is a good amount of political philosophical scholarship that considers the desirability of inheritance tax, there appears to be little that has considered it from the perspective of rights theory, asking what kind of thing a right to bequeath or to inherit would be, and whether those (...)
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  • Of Animals, Robots and Men.Christine Tiefensee & Johannes Marx - 2015 - Historical Social Research 40:70-91.
    Domesticated animals need to be treated as fellow citizens: only if we conceive of domesticated animals as full members of our political communities can we do justice to their moral standing—or so Sue Donaldson and Will Kymlicka argue in their widely discussed book Zoopolis. In this contribution, we pursue two objectives. Firstly, we reject Donaldson and Kymlicka’s appeal for animal citizenship. We do so by submitting that instead of paying due heed to their moral status, regarding animals as citizens misinterprets (...)
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  • Freedom, Liberty, and Property.Jonathan Wolff - 1997 - Critical Review 11 (3):345-357.
    If one values freedom, what sort of regime of property should one favor: libertarianism, socialism, or something else again? Debate on this topic has been hampered by a failure to distinguish freedom and liberty, which are both of great value, but can come into conflict. Furthermore there are many similar concepts?distinct from both liberty and freedom, yet each representing something we rightly value?which may also come into conflict with each other and with freedom and liberty. Consequently the question posed above (...)
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  • The Concept of Nature in Libertarianism.Marcel Wissenburg - 2019 - Ethics, Policy and Environment 22 (3):287-302.
    ABSTRACTLibertarians are not famed as friends of nature – but is that a matter of principle? I examine consequentialist, deontological and teleological versions of left- and right-libertarianism on...
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  • Slaves, Prisoners, and Republican Freedom.Fabian Wendt - 2011 - Res Publica 17 (2):175-192.
    Philip Pettit’s republican conception of freedom is presented as an alternative both to negative and positive conceptions of freedom. The basic idea is to conceptualize freedom as non-domination, not as non-interference or self-mastery. When compared to negative freedom, Pettit’s republican conception comprises two controversial claims: the claim that we are unfree if we are dominated without actual interference, and the claim that we are free if we face interference without domination. Because the slave is a widely accepted paradigm of the (...)
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  • The Ambiguity of the Embryo: Ethical Inconsistency in the Human Embryonic Stem Cell Debate.Katrien Devolder & John Harris - 2007 - Metaphilosophy 38 (2-3):153–169.
    We argue in this essay that (1) the embryo is an irredeemably ambiguous entity and its ambiguity casts serious doubt on the arguments claiming its full protection or, at least, its protection against its use as a means fo research, (2) those who claim the embryo should be protected as "one of us" are committed to a position even they do not uphold in their practices, (3) views that defend the protection of the embryo in virtue of its potentiality to (...)
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  • Should We Extend Voluntary Euthanasia to Non-Medical Cases? Solidarity and the Social Context of Elderly Suffering.Andreas T. Schmidt - 2020 - Journal of Moral Philosophy 17 (2):129-162.
    Several Dutch politicians have recently argued that medical voluntary euthanasia laws should be extended to include healthy elderly citizens who suffer from non-medical ‘existential suffering’. In response, some seek to show that cases of medical euthanasia are morally permissible in ways that completed life euthanasia cases are not. I provide a different, societal perspective. I argue against assessing the permissibility of individual euthanasia cases in separation of their societal context and history. An appropriate justification of euthanasia needs to be embedded (...)
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  • Must Right-Libertarians Embrace Easements by Necessity?Łukasz Dominiak - 2019 - Diametros 60:34-51.
    The present paper investigates the question of whether right-libertarians must accept easements by necessity. Since easements by necessity limit the property rights of the owner of the servient tenement, they apparently conflict with the libertarian homestead principle, according to which the person who first mixes his labor with the unowned land acquires absolute ownership thereof. As we demonstrate in the paper, however, the homestead principle understood in such an absolutist way generates contradictions within the set of rights distributed on its (...)
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  • Why Animals Have an Interest in Freedom.Andreas T. Schmidt - 2015 - Historical Social Research 40 (4):92-109.
    Do non-human animals have an interest in sociopolitical freedom? Cochrane has recently taken up this important yet largely neglected quest ion. He argues that animal freedom is not a relevant moral concern in itself, because animals have a merely instrumental but not an intrinsic interest in freedom (Cochrane 2009a, 2012). This paper will argue that even if animals have a merely instrumental interest in freedom, animal freedom should nonetheless be an important goal for our relationships with animals. Drawing on recent (...)
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  • Responsibility and School Choice in Education.Ben Colburn - 2012 - Journal of Philosophy of Education 46 (2):207-222.
    Consider the following argument for school choice, based on an appeal to the virtues of the market: allowing parents some measure of choice over their particular children's education ultimately serves the interests of all children, because creating a market mechanism in state education will produce improvements through the same pressures that lead to greater efficiency and quality when markets are deployed in more familiar contexts. The argument fails, because it is committed to a principle of equal concern, which implies that (...)
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  • Self-Ownership and Property in the Person: Democratization and a Tale of Two Concepts.Carole Pateman - unknown
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  • Arguing About Climate Change: Judging the Handling of Climate Risk to Future Generations By.M. D. Davidson - unknown
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  • Temporal Justice, Youth Quotas and Libertarianism.Marcel Wissenburg - 2019 - Intergenerational Justice Review 1 (1).
    Quotas, including youth quotas for representative institutions, are usually evaluated from within the social justice discourse. That discourse relies on several questionable assumptions, seven of which I critically address and radically revise in this contribution from a libertarian perspective. Temporal justice then takes on an entirely different form. It becomes a theory in which responsibilities are clear and cannot be shifted onto the shoulders of the weak and innocent. I shall only briefly sketch some outlines and general implications of such (...)
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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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  • Deontic Logic and Normative Systems.Olivier Roy, Allard Tamminga & Malte Willer (eds.) - 2016 - London, UK: College Publications.
    The biennial DEON conferences are designed to promote interdisciplinary cooperation amongst scholars interested in linking the formal-logical study of normative concepts and normative systems with computer science, artificial intelligence, linguistics, philosophy, organization theory and law. In addition to these general themes, DEON 2016 encouraged a special focus on the topic "Reasons, Argumentation and Justification.".
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  • What Does It Mean to Have a Right?Dieter Birnbacher - 2009 - Intergenerational Justice Review 4 (4).
    This contribution offers an introduction into the language of rights and the role rights play in ethics and law; with special reference to the rights of children. It emerges that there are a number of very different functions characteristic of 'rights talk'; both in ethics and law; and that many of them offer opportunities for strengthening appeals to moral and legal principles while others involve pitfalls that should be avoided. In conclusion; two of the theoretical questions raised by rights are (...)
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  • The Right to Health Versus Good Medical Care?Albert Weale - 2012 - Critical Review of International Social and Political Philosophy 15 (4):473-493.
    There are two discourses that are used in connection with the provision of good healthcare: a rights discourse and a beneficial design discourse. Although the logical force of these two discourses overlaps, they have distinct and incompatible implications for practical reasoning about health policy. The language of rights can be interpreted as the ground of a well-designed healthcare system stressing the values of equality and inclusion, but it has less application when dealing with questions of cost-effectiveness. This difference reflects the (...)
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  • By "Fancy or Agreement": Locke's Theory of Money and the Justice of the Global Monetary System.Luca J. Uberti - 2013 - Erasmus Journal for Philosophy and Economics 6 (1):49.
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  • Persons or Property – Freedom and the Legal Status of Animals.Andreas T. Schmidt - 2017 - Journal of Moral Philosophy 15 (1):20-45.
    _ Source: _Page Count 26 Is freedom a plausible political value for animals? If so, does this imply that animals are owed legal personhood rights or can animals be free but remain human property? Drawing on different conceptions of freedom, I will argue that while positive freedom, libertarian self-ownership, and republican freedom are not plausible political values for animals, liberal ‘option-freedom’ is. However, because such option-freedom is in principle compatible with different legal statuses, animal freedom does not conceptually imply a (...)
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  • An Unresolved Problem: Freedom Across Lifetimes.Andreas Schmidt - 2017 - Philosophical Studies 174 (6):1413-1438.
    Freedom is one of the central values in political and moral philosophy. A number of theorists hold that freedom should either be the only or at least one of the central distribuenda in our theories of distributive justice. Moreover, many follow Mill and hold that a concern for personal freedom should guide, and limit, how paternalist public policy can be. For the most part, theorists have focussed on a person’s freedom at one specific point in time but have failed to (...)
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  • Exploitation and Disadvantage.Benjamin Ferguson - 2016 - Economics and Philosophy 32 (3):485-509.
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  • Value Neutrality and the Ranking of Opportunity Sets.Michael Garnett - 2016 - Economics and Philosophy 32 (1):99-119.
    I defend the idea that a liberal commitment to value neutrality is best honoured by maintaining a pure cardinality component in our rankings of opportunity or liberty sets. I consider two challenges to this idea. The first holds that cardinality rankings are unnecessary for neutrality, because what is valuable about a set of liberties from a liberal point of view is not its size but rather its variety. The second holds that pure cardinality metrics are insufficient for neutrality, because liberties (...)
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  • Incommensurability and Moral Value.Mark R. Reiff - 2014 - Politics, Philosophy and Economics 13 (3):237-268.
    Some theorists believe that there is a plurality of values, and that in many circumstances these values are incommensurable, or at least incomparable. Others believe that all values are reducible to a single super-value, or that even if there is a plurality of irreducible values these values are commensurable. But I will argue that both sides have got it wrong. Values are neither commensurable nor incommensurable, at least not in the way most people think. We are free to believe in (...)
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  • Theories of Intergenerational Justice: A Synopsis.Axel Gosseries - 2008 - Surv. Perspect. Integr. Environ. Soc 1:39-49.
    In this paper, the author offers a synoptic view of different theories of intergenerational justice, along two dimensions (savings/dissavings) and three modalities (prohibition, authorisation, obligation). After presenting successively the indirect reciprocity, the mutual advantage, the utilitarian and the Lockean approaches, special attention is given to the egalitarian theory of intergenerational justice. Two key differences between the egalitarian view on intergenerational justice and the sufficientarian interpretation of sustainability are highlighted.
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  • Is There a Right to the Death of the Foetus?Eric Mathison & Jeremy Davis - 2017 - Bioethics 31 (4):313-320.
    At some point in the future – perhaps within the next few decades – it will be possible for foetuses to develop completely outside the womb. Ectogenesis, as this technology is called, raises substantial issues for the abortion debate. One such issue is that it will become possible for a woman to have an abortion, in the sense of having the foetus removed from her body, but for the foetus to be kept alive. We argue that while there is a (...)
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  • Intellectual Property, Globalization, and Left-Libertarianism.Constantin Vică - 2015 - Symposion: Theoretical and Applied Inquiries in Philosophy and Social Sciences 2 (3):323–345.
    Intellectual property has become the apple of discord in today’s moral and political debates. Although it has been approached from many different perspectives, a final conclusion has not been reached. In this paper I will offer a new way of thinking about intellectual property rights (IPRs), from a left-libertarian perspective. My thesis is that IPRs are not (natural) original rights, aprioric rights, as it is usually argued. They are derived rights hence any claim for intellectual property is weaker than the (...)
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  • Understanding Religion, Governing Religion: A Realist Perspective.Enzo Rossi - 2017 - In Cecile Laborde & Aurelia Bardon (eds.), Religion in Liberal Political Philosophy. Oxford, UK: Oxford University Press.
    Cécile Laborde has argued that the freedom we think of as ‘freedom of religion’ should be understood as a bundle of separate and relatively independent freedoms. I criticise that approach by pointing out that it is insufficiently sensitive to facts about the sorts of entities that liberal states are. I argue that states have good reasons to mould phenomena such as religion into easily governable monoliths. If this is a problem from the normative point of view, it is not due (...)
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  • The Metaphysics of Real Estate.Barry Smith & Leo Zaibert - 2001 - Topoi 20 (2):161-172.
    The thesis that an analysis of property rights is essential to an adequate analysis of the state is a mainstay of political philosophy. The contours of the type of government a society has are shaped by the system regulating the property rights prevailing in that society. Views of this sort are widespread. They range from Locke to Nozick and encompass pretty much everything else in between. Defenders of this sort of view accord to property rights supreme importance. A state that (...)
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  • Los Derechos Homínidos. Una Defensa Ecuménica.Paula Casal - 2018 - Daimon: Revista Internacional de Filosofía 73:7.
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  • The Freedom of Collective Agents.Frank Hindriks - 2008 - Journal of Political Philosophy 16 (2):165–183.
    Corporate freedom is the freedom of a collective agent to perform a joint action. According to a reductive account, a collective or corporate agent is free exactly if the individuals who constitute the corporate agent are free. It is argued that individual freedoms are neither necessary nor sufficient for corporate freedom. The alternative account proposed here focuses on the performance of the joint action by the corporate agent itself. Subsequently, the analysis is applied to Cohen’s (1983) analysis of proletarian freedom. (...)
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  • Climate Change, Fundamental Interests, and Global Justice.Carl Knight - 2016 - Critical Review of International Social and Political Philosophy 19 (5):629-644.
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  • Global Equality of Resources and the Problem of Valuation.Alexander Brown - 2016 - Critical Review of International Social and Political Philosophy 19 (5):609-628.
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  • Gruesome Freedom: The Moral Limits of Non-Constraint.John Lawless - 2018 - Philosophers' Imprint 18.
    Many philosophers conceive of freedom as non-interference. Such conceptions unify two core commitments. First, they associate freedom with non-constraint. And second, they take seriously a distinction between the interpersonal and the non-personal. As a result, they focus our attention exclusively on constraints attributable to other people’s choices – that is, on interference. I argue that these commitments manifest two distinct concerns: first, for a wide range of options; and second, for other people’s respect. However, construing freedom as non-interference unifies these (...)
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  • Una democracia liberal sostenible.Marcel Wissenburg - 1999 - Revista Internacional de Filosofía Política 13:41-63.
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  • Hohfeldian Infinities: Why Not to Worry.Visa Kurki - 2017 - Res Publica 23 (1):137-146.
    Hillel Steiner has recently attacked the notion of inalienable rights, basing some of his arguments on the Hohfeldian analysis to show that infinite arrays of legal positions would not be associated with any inalienable rights. This essay addresses the nature of the Hohfeldian infinity: the main argument is that what Steiner claims to be an infinite regress is actually a wholly unproblematic form of infinite recursion. First, the nature of the Hohfeldian recursion is demonstrated. It is shown that infinite recursions (...)
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  • The Blockian Proviso and the Rationality of Property Rights.Lukasz Dominiak - 2017 - Libertarian Papers 9.
    This paper defends the Blockian Proviso against its critics, Kinsella in particular, and interprets it as a law of non-contradiction in the theory of just property rights. I demonstrate that one may not lawfully appropriate in such a way as to forestall others from appropriating an unowned land because such appropriation would result in conflict-generating norms, and conflict-generating norms are not rationally justifiable and just norms. The Blockian Proviso, which precludes forestalling, operates therefore at the level of original appropriation and (...)
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