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The Realm of Rights

Philosophy 66 (258):538-540 (1990)

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  1. Are pharmaceutical patents protected by human rights?Joseph Millum - 2008 - Journal of Medical Ethics 34 (11):e25-e25.
    The International Bill of Rights enshrines a right to health, which includes a right to access essential medicines. This right frequently appears to conflict with the intellectual property regime that governs pharmaceutical patents. However, there is also a human right that protects creative works, including scientific productions. Does this right support intellectual property protections, even when they may negatively affect health? -/- This article examines the recent attempt by the Committee on Economic, Social and Cultural Rights to resolve this issue (...)
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  • Contractualist Replies to the Redundancy Objections.Jussi Suikkanen - 2005 - Theoria 71 (1):38-58.
    This paper is a defence of T.M. Scanlon's contractualism - the view that an action is wrong if it is forbidden by the principles which no one could reasonably reject. Such theories have been argued to be redundant in two ways. They are claimed to assume antecedent moral facts to explain which principles could not be reasonably rejected, and the reasons they provide to follow the non-rejectable principles are said to be unnecessary given that we already have sufficient reasons not (...)
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  • Is There a Moral Duty to Die?J. Angelo Corlett - 2001 - Health Care Analysis 9 (1):41-63.
    In recent years, there has been a great deal of philosophical discussion about the alleged moral right to die. If there is such a moral right, then it would seem to imply a moral duty on others to not interfere with the exercise of the right. And this might have important implications for public policy insofar as public policy ought to track what is morally right.
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  • (1 other version)7 Consequentialism.Douglas W. Portmore - 2011 - In Christian Miller (ed.), Continuum Companion to Ethics. Continuum. pp. 143.
    A general introduction to consequentialism.
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  • Individual and family consent to organ and tissue donation: is the current position coherent?T. M. Wilkinson - 2005 - Journal of Medical Ethics 31 (10):587-590.
    The current position on the deceased’s consent and the family’s consent to organ and tissue donation from the dead is a double veto—each has the power to withhold and override the other’s desire to donate. This paper raises, and to some extent answers, questions about the coherence of the double veto. It can be coherently defended in two ways: if it has the best effects and if the deceased has only negative rights of veto. Whether the double veto has better (...)
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  • The Costs to Criminal Theory of Supposing that Intentions are Irrelevant to Permissibility.Douglas Husak - 2009 - Criminal Law and Philosophy 3 (1):51-70.
    I attempt to describe the several costs that criminal theory would be forced to pay by adopting the view (currently fashionable among moral philosophers) that the intentions of the agent are irrelevant to determinations of whether his actions are permissible (or criminal).
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  • Value pluralism.Elinor Mason - 2008 - Stanford Encyclopedia of Philosophy.
    Overview of the main issues about value pluralism.
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  • A Big, Good Thing: T.m. Scanlon, what we owe to each other (cambridge, mass.: Harvard university press, 1998).David Sosa - 2004 - Noûs 38 (2):359–377.
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  • A simple theory of promising.David Owens - 2006 - Philosophical Review 115 (1):51-77.
    Why do human beings make and accept promises? What human interest is served by this procedure? Many hold that promising serves what I shall call an information interest, an interest in information about what will happen. And they hold that human beings ought to keep their promises because breaches of promise threaten this interest. On this view human beings take promises seriously because we want correct information about how other human beings are going to act. Some such view is taken (...)
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  • Actions, beliefs, and consequences.David McCarthy - 1998 - Philosophical Studies 90 (1):57-77.
    On the agent-relativity thesis, what an agent ought to do is a function of the evidence available to her about the consequences of her potential actions. On the objectivity thesis, what an agent ought to do is a function of what the consequences of her potential actions would be, regardless of the evidence available to her. This article argues for the agent-relativity thesis. The main opposing argument, due to Thomson, points to cases where a bystander can see that an agent (...)
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  • The political import of intrinsic objections to genetically engineered food.Robert Streiffer & Thomas Hedemann - 2005 - Journal of Agricultural and Environmental Ethics 18 (2):191-210.
    Many people object to genetically engineerehd (GE) food because they believe that it is unnatural or that its creation amounts to playing God. These objections are often referred to as intrinsic objections, and they have been widely criticized in the agricultural bioethics literature as being unsound, incompatible with modern science, religious, inchoate, and based on emotion instead of reason. Many of their critics also argue that even if these objections did have some merit as ethicalobjections, their quasi-religious nature means that (...)
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  • Is there a problem with enhancement?Frances M. Kamm - 2005 - American Journal of Bioethics 5 (3):5 – 14.
    This article examines arguments concerning enhancement of human persons recently presented by Michael Sandel (2004). In the first section, I briefly describe some of his arguments. In section two, I consider whether, as Sandel claims, the desire for mastery motivates enhancement and whether such a desire could be grounds for its impermissibility. Section three considers how Sandel draws the distinction between treatment and enhancement, and the relation to nature that he thinks each expresses. The fourth section examines Sandel's views about (...)
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  • Property Rights, Fossil Fuel Imports, and Climate Change.Francisco Garcia-Gibson - 2024 - Analyse & Kritik 46 (2):267-277.
    Shmuel Nili claims that when a country buys fossil fuels from dictatorships it becomes complicit with property rights violations in those dictatorships. Thus, Nili argues, people who have a strong commitment to property rights should support a ban on fossil fuel imports from dictatorships, and a transition to renewable energy. This article critically discusses Nili’s argument. The argument fails to consider competing moral reasons that some people may have to oppose a ban on fossil fuel imports from dictatorships, such as (...)
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  • Rights reclamation.William L. Bell - 2024 - Philosophical Studies 181 (4):835-858.
    According to a rights forfeiture theory of punishment, liability to punishment hinges upon the notion that criminals forfeit their rights against hard treatment. In this paper, I assume the success of rights forfeiture theory in establishing the permissibility of punishment but aim to develop the view by considering how forfeited rights might be reclaimed. Built into the very notion of proportionate punishment is the idea that forfeited rights can be recovered. The interesting question is whether punishment is the sole means (...)
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  • Moral Understanding Between You and Me.Samuel Dishaw - 2024 - Philosophy and Public Affairs 52 (3):327-357.
    Philosophy &Public Affairs, Volume 52, Issue 3, Page 327-357, Summer 2024.
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  • Aspects of Blame: In which the nature of blame, blameworthiness, standing to blame and proportional blame are discussed.Marta Johansson Werkmäster - 2023 - Dissertation, Lund University
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  • Commonsense Morality and Contact with Value.Adam Lovett & Stefan Riedener - 2024 - Philosophy and Phenomenological Research 1 (1):1-21.
    There seem to be many kinds of moral duties. We should keep our promises; we should pay our debts of gratitude; we should compensate those we’ve wronged; we should avoid doing or intending harm; we should help those in need. These constitute, some worry, an unconnected heap of duties: the realm of commonsense morality is a disorganized mess. In this paper, we outline a strategy for unifying commonsense moral duties. We argue that they can be understood in terms of contact (...)
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  • A moral analysis of educational harm and student resistance.Nicholas Parkin - 2024 - Journal of Philosophy of Education 58 (1):41-57.
    This paper elucidates the rights violations caused by mass formal schooling systems and explores what students may do about them. Students have rights not to be harmed and rights to liberty (not to be oppressed), as well as attendant rights to (proportionately) defend their rights if necessary. For some time now, education has been dominated by mass formal schooling systems that harm and oppress many students. Such harm and oppression violate those students’ rights not to be harmed or oppressed, which (...)
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  • Does a person have a right to attention? Depends on what she is doing.Kaisa Kärki & Visa Kurki - 2023 - Philosophy and Technology 36 (86):1-16.
    It has been debated whether the so-called attention economy, in which the attention of agents is measured and sold, jeopardizes something of value. One strand of this discussion has focused on so-called attention rights, asking: should attention be legally protected, either by introducing novel rights or by extending the scope of pre-existing rights? In this paper, however, in order to further this discussion, we ask: How is attention already protected legally? In what situations does a person have the right to (...)
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  • Personhood and Disorders of Consciousness: Finding Room in Person-Centered Healthcare.Marco Antonio Azevedo - 2020 - European Journal for Person Centered Healthcare 8 (3):391-405.
    Advocates of the Person-Centered Healthcare (PCH) approach say that PCH is a response to a failure of caring for patients as persons. Nevertheless, there are many human subjects falling to fulfill the requirements of a traditional philosophical definition of personhood. Hence, if we take, PCH seriously, a greater clarification of the key terminology of PCH is urgently needed. It seems necessary, for instance, that the concept of the person should be extended in order to include those individuals with insipient or (...)
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  • Against the Entitlement Model of Obligation.Mario Attie-Picker - 2023 - Canadian Journal of Philosophy 53 (2):138-155.
    The purpose of this paper is to reject what I call the entitlement model of directed obligation: the view that we can conclude from X is obligated to Y that therefore Y has an entitlement against X. I argue that rejecting the model clears up many otherwise puzzling aspects of ordinary moral interaction. The main goal is not to offer a new theory of obligation and entitlement. It is rather to show that, contrary to what most philosophers have assumed, directed (...)
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  • Sexual Exclusion and the Right to Sex.Raja Halwani - forthcoming - Theoria.
    Philosophers have recently expressed interest in the question as to whether there is a right to sex, a right whose justification is motivated by the existence of sexually excluded people—people who suffer from involuntary long-term sexual deprivation (owing, say, to a chronic medical condition). This paper, after offering preliminary remarks about what a right to sex and its objects might be and who might have this right, surveys seven justifications for the right: linkage arguments, need, well-being, a minimally decent life, (...)
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  • Rights and Practical Reasoning: A Practical View on the Specificationism vs Generalism Debate.Cristián Rettig - 2023 - Journal of Value Inquiry 1 (1):1-15.
    In this paper, I argue that specificationism deprives rights of any significant role in practical reasoning before it arrives at a conclusion, while the generalist conception preserves the practical role we intuitively assign to rights in reasoning directed to action. Assuming that a conception of rights faithful to ordinary practical reasoning is preferable, this fact gives a strong reason to prefer generalism over specificationism, although not without qualification. To be satisfactory from the practical standpoint, any account of rights that adopts (...)
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  • God and gratuitous evil: Between the rock and the hard place.Luis R. G. Oliveira - 2023 - International Journal for Philosophy of Religion 94 (3):317-345.
    To most of us – believers and non-believers alike – the possibility of a perfect God co-existing with the kinds of evil that we see calls out for explanation. It is unsurprising, therefore, that the belief that God must have justifying reasons for allowing all the evil that we see has been a perennial feature of theistic thought. Recently, however, a growing number of authors have argued that the existence of a perfect God is compatible with the existence of gratuitous (...)
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  • Moral Encroachment, Symmetry, and Believing Against the Evidence.Caroline von Klemperer - 2023 - Philosophical Studies (7).
    It is widely held that our beliefs can be epistemically faultless despite being morally flawed. Theories of moral encroachment challenge this, holding that moral considerations bear on the epistemic status of our attitudes. According to attitude-based theories of moral encroachment, morality encroaches upon the epistemic standing of our attitudes on the grounds that we can morally injure others with our epistemic practices. In this paper, I aim to show that current attitude-based theories have asymmetric mechanisms: moral features only make it (...)
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  • Constraints, you, and your victims.Bastian Steuwer - 2023 - Noûs 57 (4):942-957.
    Deontologists believe that it is wrong to violate a right even if this will prevent a greater number of violations of the same right. This leads to the paradox of deontology: If respecting everyone’s rights is equally important, why should we not minimize the number of rights violations? One possible answer is agent-based. This answer points out that you should not violate rights even if this will prevent someone else’s violations. In this paper, I defend a relational agent-based justification that (...)
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  • Self-driving Cars and the Right to Drive.William Ratoff - 2022 - Philosophy and Technology 35 (3):1-15.
    Every year, 1.35 million people are killed on roads worldwide and even more people are injured. Emerging self-driving car technology promises to cut this statistic down to a fraction of the current rate. On the face of it, this consideration alone constitutes a strong reason to legally require — once self-driving car technology is widely available and affordable — that all vehicles on public roads be self-driving. Here I critically investigate the question of whether self-driving, or autonomous, vehicles should be (...)
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  • n-1 Guilty Men.Clayton Littlejohn & Julien Dutant - forthcoming - In Simon Kirchin (ed.), The Future of Normativity. Oxford:
    We argue that there is nothing that can do the work that normative reasons are expected to do. A currently popular view is that in any given situation, a set of normative reasons (understood as a set of facts, typically about the agent’s situation) always determines the ways we prospectively should or should not respond. We discuss an example that we think shows no such collection of facts could have this normative significance. A radical response might be to dispense with (...)
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  • Cultural Relativism vs. Cultural Absolutism.Seungbae Park - 2021 - Cultura 18 (2):75-91.
    I defend cultural relativism against the following objections: The analogy between motion and morality is flawed. Cultural relativism has greater potential to be harmful to our daily lives than is cultural absolutism. We made moral progress when we moved from slavery to equality. There are some moral principles that are accepted by all cultures around the world. Moral argumentation is impossible within the framework of cultural relativism. We construct arguments for and against cultures.
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  • The coevolution of sacred value and religion.Toby Handfield - 2020 - Religion, Brain and Behavior 10 (3):252-271.
    Sacred value attitudes involve a distinctive profile of norm psychology: an absolutist prohibition on transgressing the value, combined with outrage at even hypothetical transgressions. This article considers three mechanisms by which such attitudes may be adaptive, and relates them to central theories regarding the evolution of religion. The first, “deterrence” mechanism functions to dissuade coercive expropriation of valuable resources. This mechanism explains the existence of sacred value attitudes prior to the development of religion and also explains analogues of sacred value (...)
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  • The Point of Promises.Stefan Https://Orcidorg Riedener & Philipp Https://Orcidorg Schwind - 2022 - Ethics 132 (3):621-643.
    The normative mechanics of promising seem complex. The strength and content of promissory obligations, and the residual duties they entail upon being violated, have various prima facie surprising features. We give an account to explain these features. Promises have a point. The point of a promise to φ is a promise-independent reason to φ for the promisee’s sake. A promise turns this reason into a duty. This explains the mechanics of promises. And it grounds a nuanced picture of immoral promises, (...)
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  • (1 other version)Consequentialism.Douglas W. Portmore - 2023 - In Christian B. Miller (ed.), The Bloomsbury Handbook of Ethics. Bloomsbury Academic.
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  • (1 other version)Getting Personal: The Intuition of Neutrality Reinterpreted.Wlodek Rabinowicz - 2020 - In Paul Bowman & Katharina Berndt Rasmussen (eds.), Studies on Climate Ethics and Future Generations, Vol. 2. Institute for Futures Studies.
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  • On the margins: personhood and moral status in marginal cases of human rights.Helen Ryland - 2020 - Dissertation, University of Birmingham
    Most philosophical accounts of human rights accept that all persons have human rights. Typically, ‘personhood’ is understood as unitary and binary. It is unitary because there is generally supposed to be a single threshold property required for personhood. It is binary because it is all-or-nothing: you are either a person or you are not. A difficulty with binary views is that there will typically be subjects, like children and those with dementia, who do not meet the threshold, and so who (...)
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  • Three Rationales for a Legal Right to Mental Integrity.Thomas Douglas & Lisa Forsberg - 2021 - In S. Ligthart, D. van Toor, T. Kooijmans, T. Douglas & G. Meynen (eds.), Neurolaw: Advances in Neuroscience, Justice and Security. Palgrave Macmillan.
    Many states recognize a legal right to bodily integrity, understood as a right against significant, nonconsensual interference with one’s body. Recently, some have called for the recognition of an analogous legal right to mental integrity: a right against significant, nonconsensual interference with one’s mind. In this chapter, we describe and distinguish three different rationales for recognizing such a right. The first appeals to case-based intuitions to establish a distinctive duty not to interfere with others’ minds; the second holds that, if (...)
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  • The social ontology of promising.Steven Norris - 2021 - Ratio 34 (4):324-333.
    This paper takes an ontological approach to the subject of promising. Setting aside the typical concern over promissory obligations, I draw on recent work from the field of social ontology and develop a promissory schema that characterizes the functional role the practice of promising plays in our lives. This schema, put in terms of one agent’s voluntary and intentional attempts to provide another agent with a specific kind of assurance, helps explain what we are doing when we make a promise, (...)
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  • Aporia of the Gift: Precision Medicine’s Obligations Without Expectations.Elizabeth Lanphier - 2021 - American Journal of Bioethics 21 (4):83-85.
    In “Obligations of the Gift” Sandra Lee (2021) suggests that social norms of reciprocity and the expectations and obligations associated with gift-giving afford a framework for addressing social justice considerations in precision medicine. Lee is particularly concerned with obligations to marginalized or oppressed racial and ethnic groups, which are also historically under-represented populations in precision medicine. Obligations arise, Lee argues, through the “gift” that research participants make when they contribute their data or biospecimens to precision medicine research. This conceptualization of (...)
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  • Aspectos metafísicos na física de Newton: Deus.Bruno Camilo de Oliveira - 2011 - In Luiz Henrique de Araújo Dutra & Alexandre Meyer Luz (eds.), Coleção rumos da epistemologia. pp. 186-201.
    CAMILO, Bruno. Aspectos metafísicos na física de Newton: Deus. In: DUTRA, Luiz Henrique de Araújo; LUZ, Alexandre Meyer (org.). Temas de filosofia do conhecimento. Florianópolis: NEL/UFSC, 2011. p. 186-201. (Coleção rumos da epistemologia; 11). Através da análise do pensamento de Isaac Newton (1642-1727) encontramos os postulados metafísicos que fundamentam a sua mecânica natural. Ao deduzir causa de efeito, ele acreditava chegar a uma causa primeira de todas as coisas. A essa primeira causa de tudo, onde toda a ordem e leis (...)
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  • Philosophical Investigation Series: Selected Texts on Political Philosophy / Série Investigação Filosófica: Textos Selecionados de Filosofia Política.Everton Maciel (ed.) - 2021 - Pelotas: Editora da UFPel / NEPFIL Online.
    Nossa seleção de verbetes parte do interesse de cada pesquisador e os dispomos de maneira histórico-cronológica e, ao mesmo tempo, temática. O verbete de Melissa Lane, “Filosofia Política Antiga” vai da abrangência da política entre os gregos até a república e o império, às portas da cristianização. A “Filosofia Política Medieval”, de John Kilcullen e Jonathan Robinson, é o tópico que mais demanda espaço na nossa seleção em virtude das disputas intrínsecas ao período, da recepção de Aristóteles pelo medievo e (...)
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  • Political Liberalism and Respect.Han Wietmarschen - 2021 - Journal of Political Philosophy 29 (3):353-374.
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  • Joints and Basic Ways.Christopher Frugé - 2024 - Inquiry: An Interdisciplinary Journal of Philosophy 67 (1):215-229.
    Metaphysicians often distinguish between joints and basic ways. Joints are the unified and joint-carving properties that trace the structure of the world. They are theorized under the ideology of structural, perfectly natural, or sparse properties. Basic ways are the ultimate and independent properties that give rise to all others. They are theorized under the ideology of grounding, where the ungrounded properties are the basic ways. While these notions are often seen as rivals, I argue that we need both, because the (...)
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  • Ethical Theories as Methods of Ethics.Jussi Suikkanen - 2021 - Oxford Studies in Normative Ethics 11:247-269.
    This chapter presents a new argument for thinking of traditional ethical theories as methods that can be used in first-order ethics - as a kind of deliberation procedures rather than as criteria of right and wrong. It begins from outlining how ethical theories, such as consequentialism and contractualism, are flexible frameworks in which different versions of these theories can be formulated to correspond to different first-order ethical views. The chapter then argues that, as a result, the traditional ethical theories cannot (...)
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  • What is morality?Kieran Setiya - 2021 - Philosophical Studies 179 (4):1113-1133.
    Argues, against Anscombe, that Aristotle had the concept of morality as an interpersonal normative order: morality is justice in general. For an action to be wrong is not for it to warrant blame, or to wrong another person, but to be something one should not do that one has no right to do. In the absence of rights, morality makes no sense.
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  • The deep error of political libertarianism: self-ownership, choice, and what’s really valuable in life.Dan Lowe - 2020 - Critical Review of International Social and Political Philosophy 23 (6):683-705.
    Contemporary versions of natural rights libertarianism trace their locus classicus to Robert Nozick’s Anarchy, State, and Utopia. But although there have been many criticisms of the version of political libertarianism put forward by Nozick, many of these fail objections to meet basic methodological desiderata. Thus, Nozick’s libertarianism deserves to be re-examined. In this paper I develop a new argument which meets these desiderata. Specifically, I argue that the libertarian conception of self-ownership, the view’s foundation, implies what I call the Asymmetrical (...)
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  • Coerced Consent with an Unknown Future.Tom Dougherty - 2020 - Philosophy and Phenomenological Research 103 (2):441-461.
    Philosophy and Phenomenological Research, Volume 103, Issue 2, Page 441-461, September 2021.
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  • (1 other version)Trolleys, Transplants and Inequality: An Egalitarian Proposal.Peter Baumann - 2022 - Erkenntnis 87 (4):1737-1751.
    This paper deals with the core version of the Trolley Problem. In one case many people favor an act which will bring about the death of one person but save five other persons. In another case most people would refuse to “sacrifice” one person in order to save five other lives. Since the two cases seem similar in all relevant respects, we have to explain and justify the diverging verdicts. Since I don’t find current proposals of a solution convincing, I (...)
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  • Do We Have Normative Powers?Ruth Chang - 2020 - Aristotelian Society Supplementary Volume 94 (1):275-300.
    ‘Normative powers’ are capacities to create normative reasons by our willing or say-so. They are significant, because if we have them and exercise them, then sometimes the reasons we have are ‘up to us’. But such powers seem mysterious. How can we, by willing, create reasons? In this paper, I examine whether normative powers can be adequately explained normatively, by appeal to norms of a practice, normative principles, human interests, or values. Can normative explanations of normative powers explain how an (...)
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  • Trust-Based Theories of Promising.Daniele Bruno - 2020 - Philosophical Quarterly 70 (280):443-463.
    This paper discusses the prospects of a comprehensive philosophical account of promising that relies centrally on the notion of trust. I lay out the core idea behind the Trust View, showing how it convincingly explains the normative contours and the unique value of our promissory practice. I then sketch three distinct options of how the Trust View can explain the normativity of promises. First, an effect based-view, second, a view drawing on a wider norm demanding respect to those whom one (...)
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  • Social Ontology and Social Normativity.Brian Donohue - 2020 - Dissertation, University at Buffalo
    Many recent accounts of the ontology of groups, institutions, and practices have touched upon the normative or deontic dimensions of social reality (e.g., social obligations, claims, permissions, prohibitions, authority, and immunity), as distinct from any specifically moral values or obligations. For the most part, however, the ontology of such socio-deontic phenomena has not received the attention it deserves. In what sense might a social obligation or a claim exist? What is the ontological status of such an obligation (e.g., is it (...)
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  • Matters of Trust as Matters of Attachment Security.Andrew Kirton - 2020 - International Journal of Philosophical Studies 28 (5):583-602.
    I argue for an account of the vulnerability of trust, as a product of our need for secure social attachments to individuals and to a group. This account seeks to explain why it is true that, when we trust or distrust someone, we are susceptible to being betrayed by them, rather than merely disappointed or frustrated in our goals. What we are concerned about in matters of trust is, at the basic level, whether we matter, in a non-instrumental way, to (...)
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