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On the foundations of human rights

In Rowan Cruft, S. Matthew Liao & Massimo Renzo (eds.), Philosophical Foundations of Human Rights. Oxford, United Kingdom: Oxford University Press UK (2015)

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  1. Transnational Corporations and Human Rights Duties: Perfect and Imperfect.Jilles L. J. Hazenberg - 2016 - Human Rights Review 17 (4):479-500.
    This paper aims, firstly, to bridge debates on human rights and Transnational Corporations within practical philosophy and those within the business and human rights literature and, secondly, to determine the extent to which human rights duties can be assigned to TNCs. To justifiably assign human rights duties to TNCs, it is argued that these duties need to be grounded in moral theory. Through assessment of two approaches from practical philosophy, it is argued that positive duties cannot be assigned to TNCs (...)
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  • Cultural Differences as Excuses? Human Rights and Cultural Values in Global Ethics and Governance of AI.Pak-Hang Wong - 2020 - Philosophy and Technology 33 (4):705-715.
    Cultural differences pose a serious challenge to the ethics and governance of artificial intelligence from a global perspective. Cultural differences may enable malignant actors to disregard the demand of important ethical values or even to justify the violation of them through deference to the local culture, either by affirming the local culture lacks specific ethical values, e.g., privacy, or by asserting the local culture upholds conflicting values, e.g., state intervention is good. One response to this challenge is the human rights (...)
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  • The Human Right to Free Internet Access.Merten Reglitz - 2019 - Journal of Applied Philosophy 37 (2): 314-331.
    In 2016, the United Nation’s General Assembly adopted a non-binding resolution regarding ‘The Promotion, Protection and Enjoyment of Human Rights on the Internet’. At the heart of this resolution is the UN’s concern that ‘rights that people have offline must also be protected online.’ While the UN thus recognises the importance of the Internet, it does so problematically selectively by focusing on protecting existing offline rights online. I argue instead that Internet access is itself a moral human right that requires (...)
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  • The Basic Obligation to Not Destroy Heritage.Quince Pan - 2024 - Dissertation, King's College London
    Why is destroying heritage pro tanto wrong? Why does heritage destruction require justification, unlike the destruction of rubbish? The property rights view answers: heritage belongs to people, communities and cultures. The reverence view answers: we are obliged to respect things with non-instrumental value. The moral rights view answers: our predecessors, contemporaries and successors have rights to have their cherishings respected and cultural and epistemic goods protected. The moral harm view answers: destroying heritage causes morally significant harm. I argue that these (...)
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  • An Instrumentalist Theory of Political Legitimacy.Matthias Brinkmann - 2024 - Oxford: Oxford University Press.
    What justifies political power? Most philosophers argue that consent or democracy are important, in other words, it matters how power is exercised. But this book argues that outcomes primarily matter to justifying power.
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  • Juridical Empowerment: Empowering the Impoverished as Rights-Asserters.Reza Mosayebi - 2022 - Ethical Theory and Moral Practice 26 (2):237-254.
    The idea of empowerment has gained a significant role in the discourse of poverty. I outline a restricted conception of empowerment inspired by Kant’s idea of rightful honour. According to this conception, empowerment consists in enabling individuals to assert their own human rights (juridical empowerment). I apply this conception to impoverished persons and argue that it is crucial to their self-respect, their so-called ‘power-[from-]within,’ and their political agency, and has a teleological primacy regarding our efforts to reduce poverty. I also (...)
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  • On the ambivalent politics of human rights.Ayten Gündoğdu - 2018 - Journal of International Political Theory 14 (3):367-380.
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  • Honour or Dignity? An Oversimplification in Islamic Human Rights.Hamid Andishan - 2019 - Human Rights Review 20 (4):461-475.
    In classical literature on Islamic human rights, the concepts of dignity and honour are used interchangeably. Distinguishing modern and pre-modern conceptions of human life’s value, dignity represents a value everyone possesses simply in virtue of being human, regardless of social hierarchy or religious preference. Honour, on the contrary, demonstrates a status which someone achieves because of a religious or societal preference. I will explain this difference further, relying on the works of Peter Berger and Charles Taylor. Afterwards, I argue that (...)
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  • The place of human rights and the common good in global health policy.John Tasioulas & Effy Vayena - 2016 - Theoretical Medicine and Bioethics 37 (4):365-382.
    This article offers an integrated account of two strands of global health justice: health-related human rights and health-related common goods. After sketching a general understanding of the nature of human rights, it proceeds to explain both how individual human rights are to be individuated and the content of their associated obligations specified. With respect to both issues, the human right to health is taken as the primary illustration. It is argued that the individuation of the right to health is fixed (...)
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  • Human Rights and Status Egalitarianism.David Miller - 2016 - Ethics and International Affairs 30 (4):461-469.
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  • Right, Crime, and Court: Toward a Unifying Political Conception of International Law.Alain Zysset - 2018 - Criminal Law and Philosophy 12 (4):677-693.
    It is widely acknowledged that human rights law and international criminal law share core normative features. Yet, the literature has not yet reconstructed this underlying basis in a systematic way. In this contribution, I lay down the basis of such an account. I first identify a similar tension between a “moral” and a “political” approach to the normative foundations of those norms and to the legitimate role of international courts and tribunals adjudicating those norms. With a view to bring the (...)
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  • The Old ‘New’ Dignitarianism.Raffael N. Fasel - 2019 - Res Publica 25 (4):531-552.
    Developments in fields as diverse as biotechnology, animal cognition, and computer science have cast serious doubt on the common belief that human beings are unique and that only they should have dignity and basic rights. A movement referred to as ‘new dignitarianism’ has recently reclaimed human dignity to fend off the threats to human uniqueness that it perceives to arise from these developments. This ‘new’ dignitarianism, however, is not new at all. Drawing on a debate between two Enlightenment philosophers, this (...)
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